\ MENTTION ION'bP SETS MAYER, \VA1HS10W AKC SONS lOHDOfi WAll, IOHDON, t,C, REPRESENTATION OF THE PEOPLE ACT, 1918. WORKS BY THE SAME AUTHOR. A CODE OF THE LAW OF RATING AND PROCEDURE ON APPEAL Third Edition. THE LAW OF AGRICULTURAL HOLDINGS. Sixth Edition. A CODE OF THE LAW OF COMPENSATION (LANDS CLAUSES). THE FRENCH CODE OF COMMERCE. REPRESENTATION OF THE PEOPLE ACT 1918 AND THE REDISTRIBUTION OF SEATS (IRELAND) ACT, 1918. BY SYLVAIN MAYER, One of His Majesty's Counsel. "Then none was for a Party; Then all were for the State." Macaulay. LONDON : WATERLOW AND SONS LIMITED, LONDON WALL, AND 49, PARLIAMENT STREET, WESTMINSTER. 1018. 2 \ TO THE RIGHT HONOURABLE JAMES WILLIAM LOWTHER, M.P. Speaker of tlje Blouse of Commons, THIS BOOK IS WITH HIS PERMISSION RESPECTFULLY INSCRIBED. 416329 PREFACE. TEE new Reform Act (to give it a short name) is probably tlie most successful piece of domestic legislation ever passed by Parliament. Like all our great statutory enactments it is in essence a compromise, and the fact that it was not wholly lost in the turmoil of party strife must be ascribed to the wisdom and tact of Mr. Lowther, the Speaker of the House of Commons, who presided over the Conference appointed by the Government to report on Franchise, Redistri- bution and Registration Reform. If the Act is not all that one party desired, it is a great advance on what, in ordinary times, could have been expected as an agreed measure. As a result there will be a vast increase in the electorate, from eight to sixteen million, and women will receive the Parliamentary franchise for the first time. The extent of the reform can best be gauged by a comparison with the Reform Act of 1832, which increased the number of voters by half-a-million ; with the Act of 1857, which added a million-and-a- half; and with the Act of 1884, which raised the total number of electors from two-and-a-half to five million. The one great blot in the Act is the omission to end the anomaly of a candidate being returned who has only received a minority of the Vlll PREFACE. votes polled. This state of things could have been rendered impossible either by a provision for a second ballot or by giving electors what is known as an "alternative" vote. The House of Commons adopted the latter method, but the House of Lords, unfortunately as I venture to think, rejected the proposal. As a result we may, in the near future, have a majority of the members elected by a minority of votes. Proportional Representation is to apply to University elections when there are two or more candidates, and a commission is to be appointed to apply it to one hundred constituencies, but their report is to be subject to the approval of both Houses of Parliament. This is unlikely to be secured. This book, not written for lawyers only, is offered to the general public as well as to those who have to deal with the Registration of Voters and the election of Members of Parliament or of Local Government Councils. It consists (1) of an introductory chapter in which the principles of the Act are briefly discussed, appended to which is a summary of " Franchises," " Registration details," and "Expenses of a Candidate for Parliament"; (2) the Act itself, annotated for the purpose merely of explanation or amplification, and the Irish Redistribution Act. Care has been taken to include in the Index all references to the special adaptation of the Reform Act to Scotland and Ireland. SYLVAIN MAYER. 1, GARDEN COURT, TEMPLE, E.G. February, 1918. REPRESENTATION OF THE PEOPLE ACT. [8 GEO. V., c. 64.] CONTENTS. PAGE PREFACE . vii INTRODUCTORY CHAPTER 1 SUMMARY OF FRANCHISE, REGISTRATION DETAILS, AND EXPENSES OF PARLIAMENTARY CANDIDATES . 25 REPRESENTATION OF THE PEOPLE ACT. PART I. FRANCHISES. SECTION. 1. Parliamentary franchises (men) .... 31 2. University franchise (men) 33 3. Local government franchise (men) .... 33 4. Franchises (women) 34 5. Special provisions for persons serving on war service 36 6. Qualifying period 38 7. Supplemental provisions as to residence and occupation 38 8. Right of person registered to vote .... 40 9. Provision as to disqualifications ..... 41 10. Provision as to qualification of councillor ... 44 PART II. REGISTRATION. 11. Spring and autumn registers 44 12. Registration officers and areas 45 13. Registration duties 46 14. Appeals 47 15. Expenses of registration 49 16. Special provisions with respect to urban districts and London 50 IT. Special provision as to registration of freemen, etc. . 51 .18. Compensation to existing officers .... 52 19. Register for university constituencies ... 53 X CONTENTS. PART III. METHOD AND COSTS OF ELECTIONS. SECTION PAGE 20. Proportional representation in certain university con- stituencies, and certain other constituencies if scheme for selection is approved .... 54 21. Polls to be held on one day at a general election, etc. 56 22. Penalty for voting at a general election in more constituencies than allowed 57 23. Voting by absent voters 58 24. Voting by persons in the employment of returning officers 61 25. Right to the use of elementary schools . . . 62 26. Deposit by candidates at parliamentary elections . 62 27. Forfeiture of deposit in certain cases ... 63 28. Returning officers 64 29. Payment of returning officers' expenses by Treasury . 65 30. Discharge of returning officers' duties by an acting returning officer ...'.... 66 31. Division of constituency into polling districts, and appointment of polling places . . . . 67 32. Place of election 69 33. Scale of election expenses 69 34. Expenses incurred by unauthorised persons . . 70 35. Certain Acts to have permanent effect . . . 71 36 Conduct of elections for university constituencies . 72 PART IV. REDISTRIBUTION OF SEATS. 37. Redistribution of seats 73 PART V. GENERAL. 38. Punishment of offences committed outside the United Kingdom 74 39. Re-arrangement of polling districts to suit new con- stituencies . . . . .. . . . 75 40. Regulations to be laid before Parliament . . . 75 -41. Interpretation . ..."*. . . . 76 42. Adaptation of Acts . . . . . . . 78 CONTENTS. XI SECTION PAGE 43. Application to Scotland 78 44. Application to Ireland 91 45. Application of Act to the Isles of Scilly ... 99 46. Commencement of Act and first register ... 99 47. Repeal and short title 100 SCHEDULES. I. Registration Rules ...... 101 II. PART I. Modifications of the Ballot Act, 1872 (First Schedule) . . . .116 II. Questions to be asked of voters . . 116 III. Provisions as to voting by proxy . . . . 117 IV, Maximum scale of election expenses . . . 119 V. Provisions as to university elections . . . 120 VI. Adaptation of Acts 137 VII. Returning Officers for Scottish constituencies situated in more than one Sheriffdom . . 140 VIII. Enactments repealed 141 IX. Redistribution of seats 149 REDISTRIBUTION OF SEATS (IRELAND) ACT [7 & 8 GEO. V., c. 65.] SECTION 1. Boroughs to cease to have separate representation . 171 2. Boroughs to have altered boundaries . '. . . 171 3. Counties to have number of members reduced . . 172 4. Counties to have wholly new divisions or altered boundaries with consequential alteration in ad- jacent divisions 172 5. New university constituencies 173 6. Dates of constitution of areas for purposes of schedules 174 7. Removal of doubts . . . . . . .174 8. Alteration of polling districts where necessary . . 174 9. Commencement of Act 175 10. Construction and short title 175 SCHEDULES 176 INDEX 181 CORRECTIONS. Page 10, line 10: Insert "and" before "persons." line 11 : Omit the line. Page 21, line 8 : " Fourpence " should be " tivepence." Page 29, line 11: " Fourpence " should be " fivepence." Page 43. Footnote : Insert " and " before " persons," and omit " or disqualification for non-payment of rates." REPRESENTATION OF THE PEOPLE ACT 1918. [8 GKO. V., c. 64.J INTRODUCTORY CHAPTER, PARLIAMENTARY FRANCHISE (MEN). fTlHE Representation of the People Act, 1918, deals with Franchise, Registration, and Re- distribution. The Act makes a complete change in the Franchise. Henceforth a man, twenty-one years of age, may be registered as a. Parliamentary voter in respect of three qualifications : (1) A " residence " qualification; (2) a " business premises " qualifica- 1 tion; (3) a " University " qualification. To qualify in respect of (1) or (2) a man must (a) for the whole of a period of six months ending either on January 15th or July 15th have resided in premises or occu- pied business premises in the constituency, or in another constituency within the same Parliamentary borough or Parliamentary county, or within a Par- liamentary borough or Parliamentary county con- tiguous to that borough or county, or separated from that borough or county by water, not exceeding at the nearest point six miles in breadth ; (b) must on the 3 2 REPRESENTATION OF THE PEOPLE ACT, 1918. last cfay of the qualifying period be residing in premises in the constituency, or occupying business premises in the constituency. (Sections. 1, 2, 6.) It will be seen that by this provision a succession may be established in one division of a borough or county, not only from another division of the same borough or county, but also from an adjoining borough or county, or from a borough or county separated from the division by a narrow strip of water. For this purpose the County of London is to be treated as a parliamentary borough. But there is a, proviso that though a man may have been residing in premises in the constituency on the last day 'of the qualifying period, he is not entitled to be registered in respect of a residence qualification if he commenced to reside in the con- stituency within thirty days before the end of the qualifying period and ceased, to reside there within thirty days after the time when he so commenced to reside. (Section 7 (8).) Residence in a house is not to be deemed to be interrupted by reason only of permission being given, (by letting or otherwise), for the occupation of the house as a furnished house by some other person for a part of the qualifying period not exceeding four months altogether, or by reason of notice to quit being served and possession being demanded by the landlord. (Section 7 (2).) To qualify for a University vote it is necessary for a man to have received a degree (other than an honorary degree) at any University forming or forming part of a University constituency. (Sec- tion' 2.) REPRESENTATION OK I II II I'F.OI'I K ACT, I'.MS. |J " Business premises" means premises of tlie yearly value of not less tlnm ten pounds occupied for tlie purpose of the business, profession, or trade of the person to he lettered. (Section 1 (3).) If the business premises ;ire occupied jointly by two oi 1 more persons, and the aggregate yearly value is not less than the amount produced by multiplying ten pounds by the number of the joint occupiers, each of the joint occupiers is to be treated as occupying business premises ot the yearly value of not less than ten pounds; but in a Parliamentary county not more than two' persons may be registered in respect of the sa.me premises unless they are bond fide engaged as partners in the profession, trade, or business carried on by them. (Section 7 (1).) PARLIAMENTARY FRANCHISE ( WOMEN). A woman is entitled to be registered as a Parlia- mentary elector for a constituency : (1) If she has attained the age of thirty, is not subject to any legal incapacity, and is entitled to be registered as a Local Government elector in respect of the occupation in that constituency of land or premises of the value of not less than five pounds or of a dwelling-house ; (2) if she has attained the age of thirty, is not subject to any legal incapacity and is wife of a husband entitled to be so registered; (3) if she has attained the age of thirty, for a University as if she were a man or, if she has kept the period of residence required and passed the examination for a degree at a University where women are not admitted to degrees. (Section 4.) 4 REPRESENTATION OF THE PEOPLE ACT, 1918. Before registering any person as a Parliamentary elector, the registration officer may require him or her to produce a certificate of birth or to make a statutory declaration that he or she has attained the required age and is a British subject. Any person is entitled to inspect and take a copy of any such declar- ation (Schedule* I., rule 37). * For this purpose a birth certificate may be obtained on payment of a fee o>f sixpence. (Rule 38.) LOCAL GOVERNMENT FRANCHISE (MEN). A man is entitled to be registered as a Local Government elector for a Local Government electoral area if twenty-one years of age and not subject to any legal incapacity, and if for six months ending January 15th or July 15th, he has occupied jointly or severally as owner or tenant any land or premises in that area ; or, if that area is not an administrative county or a county borough, in the administrative county or county borough in which the area is wholly or partly situate ; and who is on January 15'th or July 15th occupying jointly or severally, as owner or tenant, any- land or premises in that area. (Section 3.) The word " tenant " only includes a "lodger" where the room or rooms occupied by such lodger are let to him unfurnished. There is a similar proviso to that inserted for the Parliamentary Franchise, viz., that although a man may have been occupying land or premises in the area on the last day of the qualifying period, viz., January 15th or July 15th, he is not entitled to be registered as a voter if he commenced to occupy the land or premises within thirty days REPRESENTATION OF THE PEOPLE ACT, 15)18. } before the eucl of the qualifying period, and ceased to occupy them within thirty days after the com- mencement of his occupation. (Section 7 (4).) Occupation is not to be deemed to be interrupted because permission is given, by letting or other- wise, for the occupation of the house as a fur- nished house by some other person for a part of tin' qualifying period not exceeding four months altogether or by reason only of notice to quit being served and possession being demanded by the land- lord. (Section T (2).) Where a man inhabits a dwelling by virtue of any office, service or employment, he is deemed to occupy as tenant if the premises are not inhabited by any person in whose service he is. (Section 3.) Not more than two persons are entitled to. be regis- tered as joint occupiers unless they are bond fide partners. LOCAL GOVERNMENT FRANCHISE (WOMEN;. A woman is entitled to be registered as a Local Government elector where she would be entitled to be so registered as if she were a man ; or where she is the wife of a man who is entitled to be so registered in respect of premises in which they both reside, and she is thirty years of age. (Section 4 (3).) QUALIFICATION FOR MEMBERSHIP OF LOCAL AUTHORITY. A person is qualified to be elected a member of any local government authority who is the owner of a free- hold, copyhold, or leasehold property within the area of that authority. This is in addition to and without prejudice to any other qualification. (Section 10.) 6 REPRESENTATION OF THE PEOPLE ACT, 1918. The expression " Local Government electoral area " means the area forVhich any county council, municipal borough council, metropolitan borough council, district council, board of guardians, parish council, or any other body elected at the time of the passing of the Act by persons on the local government register, or on the register of parochial electors is elected. (Section 41 (2).) WAR SERVICE. In the case of any person who has been serving in the naval and military forces of the Crown at any time during the six months necessary for qualification and lias ceased to serve, the qualifying period is reduced from six months to one month, i.e., such person need only have resided or occupied business premises for one month ending January 15th or July 15th before being entitled to be placed on the register of Parliamentary electors. (Section 6.) Provision is also made for placing on the register of Parliamentary electors persons serving on full pay in the naval or military forces. Such persons are entitled to be registered in any constituency for which they would have been qualified but for such service. This right to be registered is in addition to any other, but a naval or military voter is not entitled to be registered in respect of an actual residence qualification except on making a claim for the purpose, and by making a declaration that he has taken reason- able steps to prevent his being registered for any other constituency. (Section 5.) Unless there is evidence to the contrary, the state- ment of the person claiming to be registered, if made in the prescribed form, is sufficient. KKl-KKSENTATION OF THE PEOPLE ACT, 1U18. 7 These provisions with respect to persons on war service apply to any person who is serving <>n full pay in any of the naval, military, or air forces of the Crown, or who is abroad or ailoat in connection with any war, and is (a) in service of a naval or military character or as a merchant seaman, pilot, or fisherman, or (6) serving in any work of the British Red Cross Society, or the Order of St. John of Jerusalem in England, or any other body with a similar object, or (c) in any other work recognised by the Admiralty, Army Council, or Air Council, as work of national importance in connection with the war. It is also provided that a male naval or military voter who has served in connection with the present war may be registered as a Parliamentary voter if he was nineteen years of age at the time of service. (Section 5 (4).) VOTING BY ABSENT VOTERS. Absent voters must vote in accordance with the provision* ol Section *2-\ and the Third Schedule. The returning officer must send ballot papers to them with a form for declaration of identity. This section provides : (1) That during the continuance of the present war and for a period of twelve months thereafter, the counting of the votes at an election may, by Order in Council, be suspended for a period not exceeding eight days after the, close of the poll for the purpose of allowing more time for the receipt of ballot papers from persons whose names are on the list of absent voters. REPRESENTATION OF THE 1'EOPLE ACT, 1918. (2) (a) That persons registered as naval or mili- tary voters may be permitted by Order in Council, to vote by proxy in any area of land abroad mentioned in tbe Order. (b) That a person whose name is entered in the absent voters list may vote by proxy in pur- suance of an Order in Council : (i) if he is registered as a naval or mili- tary voter and is serving, or about to serve, afloat, or in any area on land abroad in which voting by proxy is permitted ; or (ii) if he is a merchant seaman, pilot, or fisherman (including a master or appren- tice), and if there is a likelihood that he will be at the time of a parliamentary election at sea or about to go to sea. (Section 23 (4).) The provisions as to voting by proxy are set out in the Third Schedule. The following may act as proxy : The wife, husband, parent, brother or sister of the elector, or person registered as a parliamentary elector for the constituency or one of the constituencies for which the elector is registered. Only husband, wife, parent, brother or sister can act as proxy for more than two absent voters. Rules 16 to 19 of the First Schedule deal with the absent voters list and the duty of the registration officer to place naval and military voters on that list without any claim being made for the purpose. PLURAL VOTING. The old law enabling registered electors at a General Election to vote as often as they could, i.e., in as many constituencies as they were regis- UK PRESENTATION OF THE PEOPLE ACT, 1918. 9 tered, has been swept away. No man will in future be allowed to vote at a General Election in more than two constituencies, one by virtue of a "residence qualification," and one by virtue of a "business premises" or "University" qualifica- tion. No woman may vote in more than one constituency for which she is registered by virtue of her own or her husband's Local Government qualification, or for more than one constituency by virtue of any other qualification. (Section 8.) If there are two or more members to be elected for a university constituency, the election is to be on the principle of proportional representation. (Section 20 (1).) Any person (male or female) registered as a Local Government elector for any electoral area may vote \/ at an election for that area, but if the area is divided into more than one ward or electoral division, then he or she shall not be entitled to vote in more than one ward or electoral division, except for the purpose of filling a casual vacancy in electoral areas other than municipal boroughs. (Section 8 (2).) Any person who votes for more constituencies than he or she is entitled to vo'te, or asks for a ballot or voting paper for the purposes of voting, is guilty of an illegal practice, and the questions set out in Part II. of the Second Schedule may be asked of any voter in addition to those authorised already to be asked. (Section 22.) Provision is made whereby an elector employed by a returning officer may vote at a polling station in the constituency which is not the polling station at which such elector would otherwise have to vote. (Section 24.) iO IIEPHESE-NTATION OF THE PEOPLE ACT, 1918. DISQUALIFICATION. JN"o person is disqualified from being registered or from voting as a Parliamentary or Local Government elector by reaso'n of having received poor relief. No person is entitled to be registered or to vote unless lie is a British subject, either at a Parliamentary or Local Government election. No person" who is subject to any legal incapacity can be registered or vote. This will cover the disqualification of peers, infants, aliens, felons, convicts, idiots, lunatics, persons found guilty of corrupt and illegal practices, and persons disqualified for non-payment of rates. The incapacity of a peer does not extend to peeresses in their own right. (Section 9.) A person is not disqualified from voting by reason that he is legally employed for payment by a candidate at a Parliamentary or Local Government election. A new disqualification has been set up, that of a man vho has been exempted from military service on the ground of conscientious objection. It also applies to a man who has been sentenced by court-martial for an offence against military law, and who alleged that the offence was the result of conscientious objection to military service. But the disqualifi- cation is not to apply to any person who, before the expiration of one year after the termination of the war, obtains a certificate, from the Central Tribunal, appointed under the Military Service Act, 1916, that he has been engaged in work of national importance in connection with the war. (Section 9 (2).) KKI'KK.sKMAI lo.N olll IE PEOPLE ACT, 1'JIS. 11 REGISTRATION. Iii future there will be two registers, a spring a lid aii a ut inn 11 register. The spring register is to contain the names of those persons who have quali- fied up to January 15th. It comes into force on April 15th and remains in force until October 15th. The autumn register is to contain the names of all who have qualified up to July 15th. It comes into force on October 15th and remains in force until April 15th. If a fresh spring or autumn register is not compiled in time, the register in force at the time is to remain in force for the area in which default has been made. (Section 11.) Each Parliamentary borough and each Parliamen- tary county is made a registration a$ea with a regis- tration officer. The registration officer will be the clerk of the county council, or the town clerk of the borough, as the case may be. In cases where a Parliamentary county or borough is not coterminous with or wholly contained in one administrative county or one municipal borough, the Local Govern- ment Board has power to appoint the clerk of the county council or town clerk or deputies for any part of the area. In urban districts coterminous with, or wholly contained in a registration area, the clerk to the urban district council is substituted for the town clerk; and in a metropolitan borough ami the City of London, the clerk of the metropolitan borough council and the Secondary respectively. (Section* 1^ 16.) The duties of the registration o'fficer are : (1) To prepare the spring and autumn registers; (2) to hear claims and objections. In the event of appeals from 12 REPRESENTATION OF THE PEOPLE ACT, 19 18. his decision to the County Court, he must forward to the County Court all notices of appeal and a state- ment of the facts which, in his opinion, have been established in the case, together with his decision. It is unnecessary to set out here all the rules that govern the work of the registration officer. They will be found in the First Schedule (a) to the Act. These rules may be altered or varied by Order in Council, and they have the same effect as if enacted in the Act. (Section 13.) The -register, when prepared, must contain the names of those who are entitled to vote as Parlia- mentary electors, and those entitled to vote as local government electors, and must be in the form required by rules 1-5. The register must be framed in separate parts for each registration " unit." A registration unit is a parish where the parish is wholly contained in one voting area. Where a parish is contained in more than one voting area the unit is each part of the parish contained in a separate voting area. "Voting area "-means any polling district, electoral division, borough, county district other than a borough, and any ward of a borough, county district or parish, and any other area for which a separate election at which the register is to be used is held. The registration officer must also prepare electors lists and publish them on or before February 1st for the spring register (which comes into force on April 15th), and on or before August 1st for the autumn register* (which comes into force on October 15th). He may require the overseers of any parish (a) Post p. 101. REPRESENTATION OF THE PEOPLE ACT, 1U18. 13 or part of a parish to prepare the electors lists, and to furnish him with any information respecting persons occupying land or premises in their parish. The expenses of the overseers form part of the registration expenses. (Rules 6, 7.) The registration officer may require any house- holder or any person occupying land or premises within his area to give him any information he may require for registration purposes. Any person fail- ing to give the information is liable to a fine not exceeding 20. (Rule 35.) The registration officer has access to the register compiled under the National Registration Act, 1915. (Rule 36.) Provision is made for a separate list in the register of liverymen in the City of London who are entitled to be registered in respect of a business premises qualification in the City. (Section 17.) Any person omitted from the lists may claim to be registered. If he wishes to do so he must send in his claim on the prescribed form not later than February 18th (for spring register), or not later than August 18th (for autumn register). (Rule 9.) The contents of the form of claim will be found in rule 10 (b). The registration officer must then publish lists of claimants before February 24th (for spring register), and before August 24th (for autumn register.) (Rule 11.) Absent voters lists must also be prepared from claims sent in in accordance with rule 16 (c). (b} Pot p. 104. (c) Post p. lOfi. 14 REPRESENTATION OF THE PEOPLE ACT, 1918. The Admiralty, the Ariuy Council, and the Air. Council must furnish to the registration officers such information as to the names and addresses of naval and military voters and such other particulars as may be necessary for the purpose of their registra- tion, and the registration officer must, without any claim being made for the purpose, place on the absent voters list all persons registered as naval or military voters, unless they give notice that they do not desire to be placed on that list, or unless they are registered for the constituency in which they are serving or have an actual residence qualification. (Rules 16, 17, 18.) The registration officer must consider all claims in respect of which no notice of objection is given, and give notice to the claimant if a claim is allowed, or five clear days' notice of time and place at which the claim will be considered. (Rule 21). All notices of objection to the registration of persons whose names are included in the electors lists must be sent in the prescribed form to the registration officer not later than February 15th (in case of the spring register), and not later than August 15th (in case of the autumn register). All notices of objection to the registration of persons in the lists of claimants must be sent to the registra- tion officer in the prescribed form not later than March 7th (in case of vspring register), and not later than September 4th (in case of autumn register. (Rule 12.) The registration officer must give at least five clear days' notice to the objector and the person objected to of the time and place for considering an objec- REPRESENTATION OF THE PEOPLE ACT, 1918. 15 tion. He must also give notice of any correction in the lists (including absent voters lists), to the person affected by such correction, and give that person an opportunity of objecting to the correction. (Rule 25.) A registration officer may require evidence to be given on oath, and persons appearing before him may be heard in person or by any person other than counsel. (Rules 39, 40.) He may also require a declaration as to age and nationality. (Rule 37.) Birth certificates for tins purpose may be obtained at a reduced fee. (Rule 38.) If on consideration of a claim or objection it- should appear that the claimant is entitled to be registered in another character or in another place on the register, the registration officer may decide that the name of such person shall be so entered. (Rule 22.) The registers must be published by the registra- tion officer not later than April 15th and October 15th respectively ; and he must keep copies of the register for inspection in his office, and also arrange for copies of the part of the register relating to any registra- tion unit being kept for inspection in that unit, either in the principal Post Office or some other convenient place for the public. He must also furnish copies of the register, or any part of the register relating to any registration unit, to any person on payment of the prescribed fee. (Rules 27, 28.) Provision is made in sections 15 and 16 for the expenses of registration, and in rules 32 and 33 for the supply of copies of claims, objections, etc, 16 REPRESENTATION OF THE PEOPLE ACT, 1918. Modifications are made for the application of the rules to Scotland and Ireland. (Rules 43 and 44.) APPEALS . There is an appeal to the County Court from the decision of the registration officer in refusing to place or placing any name on the register. These appeals may be on questions of fact or questions of law ; but an appeal does not lie where a claimant or objector has not availed himself of the opportunity of being heard by the registration officer. The County Court Judge takes the place of the Revising Barrister under the old practice. (Section 14.) Appeals are governed as to procedure by Rules of Court to be made for the purpose. Any person desiring to appeal must give notice of appeal to the registration officer and to the opposite party when the decision is given or within five days thereafter, specifying the grounds on which he wishes to appeal. The registration officer must forward such notice to the County Court as directed by the rules of court, with a statement of the material facts which, in his opinion, have been established, and with his decision on the case. (Rule 29 of Schedule I.) Appeals may be consolidated if they involve the same point of law, or a test case may be selected. (Rule 30.) If the County Court Judge is unable to transact the business of the Court with proper despatch, a barrister of at least seven years' standing may be appointed to act as assistant judge. There is an appeal from the County Court to the Court of Appeal on a point of law, but the decision REPRESENTATION OF THE PEOPLE ACT, 1918. 17 of the Court of Appeal is final. Appeals to the Court of Appeal must be made within the time and in form provided by the rules of the Supreme Court. Special rules will probably be made for this purpose. Any person whose name is on the register may vote pending the hearing of an appeal, and his vote is as good as if no appeal were pending. (Section 14 (3).) UNIVERSITY REGISTEE. The provisions of the Act with regard to registra- tion do not apply to university constituencies, but the governing body of every university must have a register kept of persons entitled to vote. Any person who received a degree before the passing of the Act should make a claim. (Section 19.) Provision is made in the Fifth Schedule for a returning officer, for the nomination of candidates, and for the manner in which the election is to be held. COMPENSATION. The Act makes provision for the payment of com- 'pensation to existing assistant overseers, who suffer any direct pecuniary loss in consequence of the Act. (Section 18.) ELECTIONS. At a General Election all polls are to be held on one day. This is a great improvement on the old system, under which the election lasted nearly three weeks. The nominations are to be made on the eighth day after the date of the proclamation 4 18 REPRESENTATION OF THE PEOPLE ACT, 1918. declaring the calling of the new Parliament. If a poll is necessary it must be held on the ninth day after the date fixed for nominations. In the case of a bye-election the poll must take place not less than four nor more than eight days after the nomination. (Section 21 and Second Schedule.) These provisions do not affect the provisions of section 1 of the Ballot Act, 1872, for the event of the death of a candidate; nor do they apply to a University election. PROPORTIONAL REPRESENTATION. Parliament negatived the introduction of the principle of proportional representation for the con- stituencies generally, but an exception is made in the case of a contested election for a University constituency where there are two or more members to be elected. In that case proportional representa- tion applies, each elector having one transferable vote. The "transferable vote" is defined as a vote (a) capable of being given so as to indicate the voter's preference for the candidates in order ; and (6) capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of votes given for a prior choice, that choice is eliminated from the list of candidates. (Sections 20 (1) and 41 (6).) REPRESENTATION OF THE PEOPLE ACT, 1918. 19 By section 20 (2) a scheme is to be laid before botb Houses of Parliament, under which one hundred members are to be elected on the principle of pro- portional representation, and if it is agreed to by both Houses it is to take effect as if enacted in this Act. COSTS OF ELECTION. 1. Every candidate at a parliamentary election must deposit with the returning officer, during the time fixed for the nomination, the sum of 150, and if he fails to do so he is deemed to have with- drawn. This deposit need not be made in cash if the returning officer consents to receive it in any other manner. If a candidate withdraws within the time fixed on the nomination day, or if a candidate dies after the deposit is made and before the poll, his deposit is to be returned to him or his personal representative. He will also receive back his 150 if, being unsuccessful, he polls, in a constituency returning one or two members, more than one-eighth of the total votes polled. Otherwise the amount is forfeited. In a constituency returning more than two members he must poll one-eighth of the number of votes polled divided by the number of members to be elected before he can get his deposit back. This provision will provide some check upon the number of candidates. (Section 27.) If a candidate is nominated in more than one constituency he can in no case recover his deposit more than once. 2. The returning officer under this Act (except at a University election) is the sheriff, mayor or 4A 20 REPRESENTATION OF THE PEOPLE ACT, 191 a. chairman of the ' council, according to the con- stituency; but it is provided that the duties of a returning officer may be discharged by the registra- tion officer, who has all the powers, duties, and liabilities of a returning officer under any Act of Parliament relating to Parliamentary elections. The expenses of the returning officer are in future to be paid out of monies provided by Parliament instead of by the candidates in equal shares. The Treasury may tax the account of the returning officer, and may also prescribe a scale of maximum charges. (Section 29.) 3. Every candidate at a parliamentary election is in future to be allowed to send, free of charge for postage, one postal communication not exceeding two ounces in weight to each registered elector. For this privilege joint candidates are treated as a single candidate. (Section 33 (2).) "Joint candidature" is defined in paragraph 4 of Part Y. of the First Schedule to the Cor- rupt and Illegal Practices Prevention Act, 1883. It arises when any one of the following events happen : (1) Two or more candidates appoint the same election agent. (2) Two or more candidates by themselves or any agent hire or use the same committee room. (3) Two or more candidates by themselves or any agent employ the services of the same sub- agents, clerks, messengers, or polling agents at such election, REPRESENTATION OF THE PEOPLE ACT, 1918. 2l (4) Two or more candidates by themselves or their agent publish a joint address, joint circular or notice at an election. 4. The expenses other than personal expenses of a candidate must not exceed an amount equal to (a) In the case of a county election, sevenpence for each elector on the register. (6) In the case of a borough election, fourpence for each elector on the register. When there are two or more joint candidates the maximum amount for each of the joint candidates is the amount produced by multiplying a single candidate's maximum by one-and-a-half, and dividing the result by the number of joint can- didates. (Fourth Schedule.) 5. No person may incur any expenses for public meetings, advertisements, circulars, or other publica- tions, in support of the election of any candidate at a Parliamentary election, unless authorised in writ- ing by his election agent to do so, and the expenses are duly returned as part of the candidate's election expenses. This will put an end to a practice hitherto prevailing of outside bodies spending unlimited amounts for the promotion of a particular candidature. (Section 34.) ELEMENTARY SCHOOLS FOR MEETINGS. A candidate at a parliamentary election may have the use for public meetings of any public elementary school in receipt of an annual grant from Parliament, provided : (a) The school is within his constituency ; 22 REPRESENTATION OF THE PEOPLE ACT, 1918. (b) That its use for a meeting does not interfere with any room used as part of a private dwelling-house ; (c) That its use does not interfere with school hours of an elementary day or evening school. A charge may be made to cover expenses, and if any damage is done to the school-house or the furniture or fittings, the cost of repair must be defrayed by the person on whose behalf the meeting was convened. (Section 25.) PUNISHMENT FOR OFFENCES COMMITTED OUTSIDE THE UNITED KINGDOM. Where any person commits outside the United Kingdom any act which, if committed within the United Kingdom, would have rendered that person liable to prosecution under the Ballot Act, or the Corrupt and Illegal Practices Prevention Acts, or under this Act, such person is liable to be proceeded against and punished as though the act had been committed in the United Kingdom. (Section 38.) DIVISION OF CONSTITUENCY INTO POLLING DISTRICTS. The council appointing the registration officer must divide the constituency into polling districts and appoint polling places ; and must not later than one month after the passing of the Act take into consideration the division of the constituency into polling districts, and make any re-arrangements of those districts and of polling places which have become necessary as a consequence of alterations effected by the Act. (Sections 31, 39.) REPRESENTATION OF THE PEOPLE ACT, 1918. 23 APPLICATION TO SCOTLAND, IRELAND, AND SCJ.LLY ISLES. The necessary modifications for the application of the Act to Scotland and Ireland will be found in Sections 43 and 44 and Kules 43 and 44 of the First Schedule. The provisions of the Act apply to the Isles of Scilly as if those isles were an administrative county, and as if the Council of those isles were a County Council. Expenses incurred by the Council under the Act are to be paid as general expenses of the Council. (Section 45.) REDISTRIBUTION. Under this Act there has been a redistribution of seats, mainly in accordance with population, the unit being one seat for every 70,000 inhabitants. A certain latitude was left to the commissioners, with power to depart from this principle in excep- tional circumstances. The result has been to give Great Britain 602 members instead of 557. The total number of members has been raised from 670 to 707. The full details of the redistribution will be found in the Ninth Schedule (d}. Redis- tribution has been applied to Ireland by a separate Act (e), and the number of members increased by two, from 103 to 105. It will be observed that some of the Universities have been grouped, the Universi- ties of Durham, Manchester, Liverpool, Leeds, Sheffield, Birmingham, and Bristol returning two members, and those of Edinburgh, St. Andrews, Glasgow, and Aberdeen, three members. The Uni- versities of Oxford and Cambridge each have two members, and those of London and Wales one each. (d) Post p. 149 (} Post?. 171. 24 REPRESENTATION OF THE PEOPLE ACT, 1918. COMMENCEMENT OF ACT. Although this Act is to come into operation when passed, it is not to affect any parliamentary register for the time being in force or any parliamentary elections, or the constitution of the House of Commons, until Parliament is first dissolved after the first register prepared under this Act comes into force. Provision is made for fixing or altering by Order in Council the date at which the first register prepared under the Act shall come into force, and the date until which it shall remain in force. (Section 46.) Advantage may be taken of this provision, as the date fixed in the First Schedule for the preparation of the Electors Lists had gone by when the Act was passed and it will take some months to prepare the first register. REPRESENTATION OF THE PEOPLE ACT, 1918. 25 SUMMARY OF FRANCHISES, REGISTRATION DETAILS AND EXPENSES OF PARLIAMENTARY CANDIDATE, PARLIAMENT ART FRANCHISE. MEN. (A) Residence qualification. (Section 1.) (B) Business premises qualification. (Section 1.) [The aggregate yearly value must be not less than the amount produced by multiplying ten pounds by the number of the joint occupiers. (Section 7 (a).)] '(c) University qualification. (Section 1.) A man has only TWO votes in respect of the above. (Section 8.) [Special provision for persons on war service including a reduction to 19 in the age of those serving in the present war. (Section 5).] WOMEN. (A) Must be thirty years of age and entitled to be registered as a local government elector in respect of the occupation of land or premises of the value of not less than five pounds, or of a dwelling-house, or be the wife of a husband entitled to be so registered. (Section 4.) (B) University qualification, if thirty years of age. (Section 4 (2).) 26 REPRESENTATION OF THE PEOPLE ACT, 1918. A woman can only vote once in respect of (A) and once in respect of (B). LOCAL GOVERNMENT FRANCHISE. MEN. (A) Occupation, as owner or tenant, of land or premises in the local government electoral area. [A lodger is not a tenant unless the room or rooms are let unfurnished. (Section 3.)] WOMEN. (A) Where entitled to be registered as if she were a man. (B) Where she is the wife of a man entitled to be so registered in respect of premises in which they both reside, and she is thirty years of age. [Tx)cal Government electors can only vote in respect of one ward or electoral division, where the area is divided into more than one ward or electoral division. (Section 8 (2).)] QUALIFYING PERIOD. The qualifying period is six months ending on January 15th or July 15th, including in each case the fifteenth day. (Section 6.) [Residence or occupation of a house is not deemed to be inter- rupted by letting the house furnished for a period not exceeding four months of the qualifying period. (Section 7 (2).) The six months are reduced to one in the case of naval and military voters who have ceased to serve (Section 6).] REGISTRATION. Two Registers SPRING REGISTER and AUTUMN REGISTER. [Register must be framed in separate parts for each registration unit.] REPRESENTATION OF THE PEOPLE ACT, 1918. 2? ELECTORS LISTS to be prepared and published 011 or before FEBRUARY IST for spring, and AUGUST IST for autumn register. (Schedule I., rule 6.) CLAIMS to be sent in to registration officer not later than FEBRUARY 18TH for spring, and not later than AUGUST 18TH for autumn register. (Rule 9.) List of CLAIMANTS to be published not later than FEBRUARY 24TH for spring, and not later than AUGUST 24TH for autumn register. (Rule 11.) Notice of OBJECTION to persons included in Electors Lists must be made not later than FEBRUARY 15TH for spring, and AUGUST 15TH for autumn register. Notice of OBJECTION to persons included in the List of CLAIMANTS, must be made not later than MARCH TTH for the spring and SEPTEMBER 4ra for the autumn register. (Rule 12.) NAMES OF PERSONS OBJECTED to must be published not later than FEBRUARY 21 ST or AUGUST 21 ST if their names appear in the lists and as soon as practicable after MARCH TTH or SEPTEMBER 4ra, if their names are in the List of CLAIMANTS. (Rules 14, 15.) ABSENT VOTERS must send in claims not later than FEBRUARY 18TH for the spring, and not later than AUGUST 18TH for the autumn register. (Rule 16.) Registration officer must give FIVE CLEAR DAYS' NOTICE to claimant of time and place for HEARING OF CLAIMS, and FIVE CLEAR DAYS' NOTICE to objector and person objected to, of time and place for HEARING OF OBJECTION. (Rules 20 and 21.) 28 REPRESENTATION OF THE PEOPLE ACT, 1918. Registration officer must give NOTICE TO A PERSON AFFECTED BY A CORRECTION, and give that person an opportunity of objecting to the correction. (Rule 25.) SPRING REGISTER must be PUBLISHED not later than APRIL 15TH; AUTUMN REGISTER must be PUB- LISHED not later than OCTOBER 15TH. (Rule 27.) [The spring register conies into force on April 15th and remains in force until October 15th. The autumn register comes into force on October 15th and remains in force until April 15th. (Section 11).] NOTICE OF APPEAL to the county court from regis- tration officer must be given within FIVE DAYS of his decision, specifying the GROUNDS OF APPEAL. (Rule 29.) An appeal lies from the County Court to the COURT OF APPEAL on a point of law. (Section 14.) [Votes given are good notwithstanding an appeal is pending.] EXPENSES OF CANDIDATES AT A PARLIAMENTARY ELECTION. 1. Deposit with returning officer of 150. This amount is returned to the candidate if he polls more than one-eighth of the votes polled in a constituency returning one or two members ; or one-eighth of the number of votes polled divided by the number of candidates to be elected in a constituency returning more than two members. If nominated in more than one constituency he can only recover back his deposit once. (Section 27.) 2. A candidate is allowed to send free of charge for postage one communication not exceeding two ounces in weight to each registered elector. (Section 33.) REPEESENTATION OF THE PEOPLE ACT, 1918. 29 I 3. No person may incur any expenses for public meetings, advertisements, etc., in support of a can- didate unless authorised in writing by the election agent of the candidate, and these expenses must be returned as part of the candidate's election expenses. (Section 34.) 4. The expenses other than personal expenses of a candidate must not exceed an amount equal to (a) In the case of a county election, sevenpence for each elector on the register. (b) In the case of a borough election, fourpence for each elector on the register. (c) Where there are two or more joint candidates the amount produced by multiplying a single candidate's maximum by one-and-a- half, and dividing the result by the number of joint candidates. (Fourth Schedule.) 5. The expenses of the returning officer are paid out of moneys provided by Parliament. (Section 29.) WATERLOW & SONS LIMITED LONDON WALL, LONDON. LAW AND PARLIAMENTARY PRINTERS AND STATIONERS. ELECTION ADDRESSES, POSTERS, NOTICES, CIRCULARS, POLLING CARDS, &c., &c. REPRESENTATION OF THE PEOPLE ACT, 1918. [8 GEO. V., c. 64.] An Act to amend the Law with respect to Parliamentary and Local Government Franchises, and the Eegistration of Parliamentary and Local Government Electors, and the conduct of elections, and to provide for the Redistribution of Seats at Parliamentary Elections, and for other purposes connected therewith. [6th February, 1918.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the authority of the same, as follows: PART I. FRANCHISES. PARLIAMENTARY FRANCHISES (MEN). 1. (1) A man shall be entitled to be registered as a parliamentary elector for a constituency (other 32 REPRESENTATION OF THE PEOPLE ACT, 1918. than a university constituency) if he is of full age and not suhject to any legal incapacity, and (a) has the requisite residence qualification ; or (b) has the requisite "business qualification. (2) A man, in order to have the requisite resi- dence qualification or business premises qualification for a constituency (a) must on the last day of the qualifying period be residing in premises in the constitu- ency, or occupying business premises in the constituency, as the case may be ; and (b) must during the whole of the qualifying period have resided in premises, or occupied business premises, as the case may be, in the constituency, or in another constituency within the same parliamentary borough or parliamentary county, or within a parlia- mentary borough or parliamentary county contiguous to that borough or county, or separated from that borough or county by water, not exceeding at the nearest point six miles in breadth, measured in the case of tidal water from low- water mark. For the purposes of this subsection the adminis- trative County of London shall be treated as a parliamentary borough. (3) The expression "business premises" in this section, means land or other premises of the yearly value of not less than ten pounds occupied for the purpose of the business, profession, or trade, of the person to be registered. FULL AGE. These words were inserted to make it clear that no man under 21 years of age is qualified to vote. mw QUALIFYING PERIOD. See Section 6, REPRESENTATION OF THE PEOPLE ACT, 1918 ',}:] UNIVERSITY FRANCHISE (MEN). 2. A man shall be entitled to be registered as a parliamentary elector for a university constituency if he is of full age and not subject to any legal in- capacity, and has received a degree (other than an honorary degree) at any university forming, or forming part of, the constituency, or in the case of the Scottish universities is qualified under section twenty-seven of the Representation of the People (Scotland) Act, 1868, or. in case of the University of Dublin has either received a degree (other than an honorary degree) at the university or has obtained a scholarship or fellowship in the university whether before or after the passing of this Act. UNIVERSITY CONSTITUENCY. As to method of election, where there are two or more members to be elected, see Section 20(1). LOCAL GOVERNMENT FRANCHISE (MEN). 3. A man shall be entitled to be registered as a local government elector for a local government electoral area if he is of full age and not subject to any legal incapacity; and (a) is on the last day of the qualifying period occupying jointly or severally, as owner or tenant, any land or premises in that area; and (&) has, during the whole of the qualifying period, so occupied any land or premises in that area, or, if that area is not an administra- tive county or a county borough, in any administrative county or county borough in which the area is wholly or partly situate : 5 34 REPRESENTATION OF THE PEOPLE ACT, 1918. Provided that (1) for the purposes of this section a man who himself inhabits any dwelling-house by virtue of any office, service, or employment, shall, if the dwelling-house is not inhabited by any person under whom he serves in such office, service, or employment, be deemed to occupy the dwelling-house as a tenant; and (ii) for the purposes of this section the word tenant shall include a person who occupies a room or rooms as a lodger only where such room or rooms are let to him in an unfurnished state. QUALIFYING PERIOD. See Section 6. FRANCHISES ( WOMEN"). 4. (1) A woman shall be entitled to be regis- tered as a parliamentary elector for a constituency (other than a university constituency) if she (a) has attained the age of thirty years; and (b) is not subject to any legal incapacity; and (c) is entitled to be registered as a local govern- ment elector in respect of the occupation in that constituency of land or premises (not being a dwelling-house) of a yearly value of not less than five pounds or of a dwelling-house, or is the wife of a husband entitled to be so registered. (2) A woman shall be entitled to be registered as a parliamentary elector for" a university constitu- ency if she has attained the age of thirty years and REPRESENTATION OF THE PEOPLE ACT, 1918. 35 would be entitled to be so registered if she were a man, or has boon admitted to and passed the final examination, and kept under the conditions required of women by the university the period of residence, necessary for a man to obtain a degree at any university forming, or forming part of, a university constituency which did not at the time the examina- tion was passed admit women to degrees. (3) A woman shall be entitled to be registered as a local government .elector for any local govern- ment elect oral area (a) where she would be entitled to be so registered if she were a man ; and (6) where she is the wife of a man who is entitled to be so registered in respect of premises in which they both reside, and she has attained the age of thirty years and is not subject to any legal incapacity. For the purpose of this provision a naval or military voter who is registered in respect of a residence qualification which he would have had but for his service, shall be deemed to be resident in accordance with the qualification. THE AGE OF THIRTY YEARS. By rule 37 of the Registration rules in Schedule I., the registration officer may require a statutory declaration of age. DWELLING-HOUSE, as defined in section 41, includes any part of a house where that part is occupied separately. It will therefore include anything from a flat to 1 a single room if separately occupied as a dwelling. 5A 36 REPRESENTATION OF THE PEOPLE ACT, 1918. SPECIAL PROVISIONS FOR PERSONS SERVING ON WAR SERVICE. 5. (1) A person to whom tins section applies (in this Act referred to as " a naval or military voter ") shall be entitled to be registered as a parliamentary elector for any constituency for which he would have had the necessary qualification but for the service which brings him within the provisions of this section. The right to be registered in pursuance of the foregoing provision shall be in addition to any other right to be registered, but a naval or military voter shall not be entitled to be registered for a con- stituency in respect of an actual residence qualifica- tion in the constituency except on making a claim for the purpose accompanied by a declaration in the prescribed form that he has taken reasonable steps to prevent his being registered under the foregoing provision for any other constituency. (2) The statement of any person, made in the pre- scribed form and verified in the prescribed manner, that he would have Lad the necessary qualification in any constituency but for the service which brings him within the provisions of this section, shall for all purposes of this section be sufficient if there is no evidence to the contrary. (3) This section applies to any person who is of the age required under this Act in the case of that person and is not subject to any legal incapacity, and who (i) is serving on full pay as a member of any of the naval, military, or air forces of the Crown i or REPRESENTATION OF THE PEOPLE ACT, 1918. 37 (ii) is abroad or afloat in connection with any war in which His Majesty is engaged, and is (a) in service of a naval or military character for which payment is made out of nionej's provided by Parliament, or (where the person serving was at the commencement of his service resident in the United Kingdom) out of the public funds of any part of His Majesty's dominions, or in service as a merchant seaman, pilot or fisherman, including the master of a merchant ship or fishing boat and an apprentice on such ship or boat ; or (6) serving in any work of the British Ked Cross Society, or the Order of St. John of Jerusalem in England, or a.nv other body with a similar object; or (c) serving in any other work recog- nised by the Admiralty, Army Council, or Air Council, as work of national importance in connection with the war. (4) A male naval or military voter who has served or hereafter serves in or in connection with the present war shall, notwithstanding anything in this or any other Act, be entitled to be registered as a parliamentary elector if that voter at the commence- ment of service had attained, or during service attains, the age of nineteen years, and is otherwise qualified. AGE REQUIRED BY THIS ACT. Not under 21 years of age. 38 REPRESENTATION OF THE PEOPLE ACT, 1918. QUALIFYING PERIOD. 6. The qualifying period shall be a period of six months ending either on the fifteenth day of January, or the fifteenth day of July, including in each case the fifteenth day : Provided that in the application of this section to a person who is a naval or military voter, or who has been serving as a member of the naval or military forces of the Crown at any time during the said six months, and has ceased so to serve, one month shall be substituted for six months as the qualifying period. SUPPLEMENTAL PROVISIONS AS TO RESIDENCE AND OCCUPATION. 7. (1) Where land or premises are in the joint occupation of two more persons, each of the joint occupiers shall, for the purposes of this Part of this Act, be treated as occupying the premises, subject as follows : (o) In the case of the occupation of business premises the aggregate yearly value of the premises must for the purpose of the parlia- mentary franchise be not less than the amount produced by multiplying ten pounds Ity the number of the joint occupiers ; and (6) In the case of the occupation of land or premises (not being a dwelling-house) the aggregate yearly value thereof must for the purpose of the parliamentary franchise of women be not less than the amount pro- KKl'HI'>i:\ I M l>\ OK THE PEOPLE ACT, 1918. 39 duced by multiplying five pounds by the number of joint occupiers; and (c) Not moiv Hutu 1wo joint occupiers shall be entitled to be registered in respect of the same land or premises, unless they are bond fide engaged as partners carrying on their profession, trade or business on the land or premises. (2) Residence in a house or the occupation of a house shall not be deemed to be interrupted for the purposes of this Act by reason only of permission being given by letting or otherwise for the occupa- tion of the house as a furnished house by some other person for part of the qualifying period not exceed- ing four months in the whole, or by reason only of notice to quit being served and possession being demanded by the landlord of the house ; but the express enactment of this provision shall not affect in any way the general principles governing the interpretation of the expression, "residence" and cognate expressions. (3) Notwithstanding anything in this Act, a man shall not be entitled to be registered as a parlia- mentary elector for a constituency in respect of a residence qualification though he may have been residing in premises in the constituency on the last day of the qualifying period, if he commenced to reside in the constituency within thirty days before the end of the qualifying period, and ceased to reside within thirty days after the time when he s< commenced to reside. (4) Notwitli standing anything in this Act, a person shall not be entitled to be registered as a 40 REPRESENTATION OF THE PEOPLE ACT, 1918. local government elector for a local government electoral area though that person may have been occupying land or premises in the a.rea on the last day of the qualifying period, if that person com- menced to occupy the land or premises within thirty days before the end of the qualifying period, and ceased to occupy the land or premises within thirty days after the commencement of the occupation. RIGHT OF PERSON REGISTERED TO VOTE. 8. (1) Every person registered as a parliamen- tary elector for any constituency shall, while so registered (and in the case of a woman notwith- standing sex or marriage), be entitled to vote at an election of a member to serve in Parliament for that constituency; but a man shall not vote at a general election for more than one constituency for which he is registered by virtue of a residence qualifica- tion or for more than one constituency for which he is registered by virtue of other qualifications of whatever kind, and a woman shall not vote at a general election for more than one constituency for which she is registered by virtue of her own or her husband's local government qualification, or for more than one constituency for which she is regis- tered by virtue of any other qualification. (2) A person registered as a local government elector for any local government electoral area shall while so registered (and in the case of a woman not- withstanding sex or marriage) be entitled to vote at a local government election for that area, but where, for the purposes of election, any such area is divided into more than one ward or electoral REPRESENTATION OF THE PEOPLE ACT, 1918. 41 division, by whatever name called, a person shall not be entitled to vote for more than one such ward or electoral division. Not withstand ing- anything in this provision a person may be registered for more than one such waul or division of a local government electoral area (not being a municipal borough), and may vote in any such ward or division for which he is registered at an election to fill a casual vacancy. (3) A naval or military voter who is registered in respect of a qualification which he would have had but for his service shall be deemed for the purpose of this section to be registered by virtue of that qualification. PROVISIONS AS TO DISQUALIFICATIONS. 9. (1) A person shall not be disqualified from being registered or from voting as a parliamentary or local government elector by reason that he or some person for whose maintenance he is responsible lias received poor relief or other alms. (2) Any person, being a conscientious objector to whom this subsection applies, shall be disqualified during the continuance of the war and a period of five years thereafter from being registered or voting as a parliamentary or local government elector, unless, before the expiration of one year after the termination of the war, he proves to the Central Tribunal, as established for the purpose of the Military Service Act, 1916 (a) that he has during the continuance of the war taken up and, so far as reasonably practicable, continued service which con- 42 REPRESENTATION OF THE PEOPLE ACT, 1918. stitutes a person (other than a person serving on full pay a.s a member of any of the naval, military, or air forces of the Crown) a naval or military voter for the purposes of this Act ; or (b) that, having been exempted from military service on condition of doing work of national importance, he has done such work in accordance with the decision and to the satisfaction of the appropriate tribunal or authority; or (c) that having obtained an absolute exemption from military service without any such con- dition he has nevertheless (whether before or after the passing of this Act) been engaged in and, so far as reasonably prac- ticable, continued some work of national importance ; and obtains a certificate from the tribunal to that effect. This subsection shall apply to a conscientious objector who either (i) has been exempted from all military service (including non-combatant service) on the ground of conscientious objection; or (ii) having been convicted by court martial of an offence against military law, and having represented that the offence was the result of conscientious objection to military service, has been awarded imprisonment or detention. The central tribunal established under the Military Service Act, 1916, shall be continued for REPRESENTATION OF THE PEOPLE ACT, 1918. 43 llie purpose of this subsection for a period of a year u Her the termination of the present war. If a person disqualified under this subsection would have been entitled tr> be registered as a parlia- mentary or local government elector but for that disqualification, the disqualification shall not extend so as to affect the right of the wife of that person to be registered or vote as a parliamentary or local government elector, as the case may be. (3) A person shall not be entitled to be registered or to vote as a parliamentary or local government elector if he is not a British subject, and nothing contained in this Act shall, except as expressly provided therein, confer on any person who is sub- ject to any legal incapacity to be registered or to vote, either as a parliamentary or local govern- ment elector, any right to be so registered or to vote. (4) A person shall not be disqualified from voting at any election as a parliamentary or local govern- ment elector by reason that he is employed for pay- ment by or on behalf of a candidate at such election, so long as the employment is legal. g (5) Any incapacity of a peer to vote at an election arising from the status of a peer shall not extend to peeresses in their own right. The old law as to disqualification by reason of the receipt of poor law relief is altered by this section ; but it does not affect the disqualification of peers, infants, aliens, felons, convicts, idiots, lunatics, persons found guilty of corrupt and illegal practices, or disqualification by reason of non-payment of rates. 44 REPRESENTATION OF THE PEOPLE ACT, 1918. PROVISION AS TO QUALIFICATION OP COUNCILLOR. 10. A person shall, in addition to and without prejudice to any other qualification, be qualified to be elected a member of any local government authority for any local government electoral area if he is the owner of property held by freehold, copy- hold, leasehold or any oilier tenure within the area of that authority. PART II. EEGISTEATION. SPRING AND AUTUMN REGISTERS. 11. (1) Two registers of electors shall be prepared in every year, of which one (in this Act referred to as the spring register) shall be made for the quali- fying period ending on the fifteenth day of January and the other (in this Act referred to as the autumn register) shall be made for the qualifying period ending on the fifteenth day of July. (2) The spring register shall come into force on the commencement of the fifteenth day of April and remain in force until the fifteenth day of October, and the autumn register shall come into force on the commencement of the fifteenth day of October and remain in force until the fifteenth day of April. (3) If for any reason the registration officer fails to compile a fresh spring or autumn register for his area or any part of his area, the register in force at the time when the fresh register should have come into force shall continue to operate as the register for the area or part of the area in respect of which default has been made. REPRESENTATION OF THE PEOPLE ACT, 1918. 45 REGISTRATION OFFICERS AND AREAS. 12. (1) Each parliamentary borough and earh parliamentary county shall be a registration area, and there shall be a registration officer for each registration area. (2) Where the registration area is a parliamen- tary county and is coterminous with, or wholly con- tained in, one administrative county, the clerk of the county council, and where the registration area is a parliamentary borough and is coterminous with, or wholly contained in, one municipal borough, the town clerk of the borough shall be the registration officer for the area. In any other case such clerk of the county council, or town clerk, shall be registration officer for the area as the Local Government Board may by Order direct, subject to any conditions which may be made by the Order as to the appointment of deputies for any part of the area. (3) Any of the duties and powers of the registra- tion officer may be performed and exercised by any deputy for the time being approved by the Local Government Board, and the provisions of this Act shall apply to any such deputy so far a,s respects any duties or powers to be performed or exerci^d by him as it applies to the registration officer. (4) In the event of any vacancy in the office of any clerk of the county council or town clerk who is a registration officer, or in the event of his in- capacity to act, any acts authorised or required to be done by or with respect to the registration officer may be done by or with respect to any person tern- 46 REPRESENTATION OF THE PEOPLE ACT, 1918. porarily appointed in that behalf by the chairman of the county council or the mayor, as the case may be. REGISTRATION DUTIES. 13. (1) It shall be the duty of the registration officer to compile the spring and autumn register, and to place, or cause to be placed, on the register in accordance with the rules set out in the First Schedule to this Act the names of those entitled to vote as parliamentary electors or local government electors in his registration area, and to comply with any general or special directions which may be given by the Local Government Board with respect to the arrangements to be made by the registration officer for carrying out his duties as to registration. If a registration officer refuses, neglects or fails without reasonable cause to perform any of his duties in connection with registration, he shall be liable on summary conviction to a fine not exceed- ing one hundred pounds. (2) His Majesty may by Order in Council pre- scribe the forms to be used for registration purposes and any fees to be taken in connection therewith, and alter the rules contained in the First Schedule to this Act for the purpose of carrying this Act into full effect, or for carrying into effect any Act for the time being in force amending or affecting this Act. The rules contained in the First Schedule to this Act and any Order so made shall have effect as if enacted in this Act. REPKKsFM '\TinN UK TIIK I'KOPLE ACT, 1918. 47 APl'EALS. 14. (1) An appeal shall lie in the comity com), as defined by rules of court, from any decision of the registration officer 011 any claim or objection which, has been considered by him under this Act, or the placing of or refusal to place any mark against any name on the register, and rules of court shall be made for the purpose of determining the pro- cedure on any such appeals and for applying and adapting thereto any enactments relating to county courts and the procedure therein : Provided that an appeal shall not lie where a claimant or objector has not availed himself of his opportunity, as provided in the First Schedule to this Act, of being heard by the registration officer on the claim or objection, or as to the placing of or refusing to place any such mark as aforesaid. (2) An appeal shall lie on any point of law from any decision of the county court on any such appeal from the registration officer in accordance with rules of the Supreme Court to the Court of Appeal, but no appeal shall lie from the decision of the Court of Appeal. (3) The right of voting of any person whose name is for the time being on the register shall not be prejudiced by any appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending, and shall not be affected by the subse- quent decision of the appeal. (4) Notice shall be sent to the registration officer in manner provided by rules of court of the decision 48 REPRESENTATION OF THE PEOPLE ACT, 1918. of the county court or of the Court of Appeal on any appeal under this section, and the registration officer shall make such alterations in the electors lists or register as may be required to give effect to the decision. (5) On any appeal under this section the regis- tration officer shall be deemed to be a party to the proceedings. (6) If the Lord Chancellor is satisfied on the representation of the judge of any county court that the judge is unable, owing to the necessity of deal- ing with appeals under this Act, to transact the business of the court with proper despatch, the Lord Chancellor may appoint a barrister of at least seven }^ears' standing to act as assistant judge for such time as the Lord Chancellor may direct, and subject to any conditions which he may impose. Any assistant judge so appointed shall have all the powers and privileges and may perform any of the duties of the judge, whether under this Act or otherwise, to whom he has been appointed assistant. An assistant judge shall be paid, out of moneys provided by Parliament, such remuneration and travelling allowances as may be allowed by the Treasury. In the application of this provision to a county court district the whole of which, is within the Duchy of Lancaster, the Chancellor of the Duchy shall be substituted for the Lord Chancellor. APPEAL. An appeal lies to the County Court Judge on a question of fact as well as of law, but from the County Court to the Court of Appeal on a question of law only. REPRESENTATION OF THE PEOPLE ACT, 1918. 49 EXPENSES OF REGISTRATION. 15. (1) Any expanses properly incurred by a registration officer in the performance of Ms duties in relation to registration, including all proper and reasonable charges for trouble, care, and attention in the performance of those duties, and any costs incurred by him as party to an appeal (in this Act referred to as " registration expenses ") shall be paid by the council whose clerk the registration officer is, or by whom he is appointed, subject, in cases where the registration area is not coterminous with or wholly contained in the area of that council, to such contributions by the council of any other country or borough as the Local Government Board may direct. Any such expenses shall be paid in the case of the council of a county out of the county fund, and if the case requires as expenses for special county purposes, and in the case of a council .of a borough out of the borough fund or borough rate, or, where there is no borough fund or borough rate, out of the fund or rate out of which the ordinary expenses of the council of the borough are paid. (2) The Treasury may frame a scale of registration expenses applicable to all or any class or classes of those expenses, and may alter the scale as and when they think fit. Any expenses incurred by the registration officer of a class to which the scale is applicable shall be taken to be properly incurred if they do not exceed the maximum amount determined by or in accord- ance with the scale, and so far as they do exceed that amount shall be taken not to have been properly 6 50 REPRESENTATION OF THE PEOPLE ACT, 1918. incurred unless the excess is specially sanctioned by the council and the Treasury either before or after the expenses have been incurred. If any question arises whether any expenses incurred by the registration officer of a class to which the scale is not applicable have been properly incurred or n^t, that question shall be referred to the Local Government Board, and the decision of the Board on the question shall be final. (3) Any fees or other sum received by the regis- tration officer in respect of his duties as such officer, other than sums paid to that officer in respect of his registration expenses, shall be accounted for by that officer and paid to the credit of the fund or rate out of which the expenses of that officer are paid. (4) There shall be paid, out of moneys provided by Parliament to the council of any county or borough in aid of the fund or rate out of which any registration expenses are paid by the council, in accordance with the Act, one half of the amount so paid by the council. (5) On the request of the registration officer of any registration area for an advance on account of registration expenses, the council whose clerk the registration officer is may, if they think fit, make such an advance to him of such amount, and subject to such conditions as the council may approve. / . SPECIAL PROVISIONS WITH RESPECT TO URBAN DISTRICTS AND LONDON. 16. (1) "Where an urban district is coterminous with a registration area which is a parliamentary REPRESENTATION OF THE PEOPLE ACT, 1918. 51 borough or is wholly contained in such area, this Part of this Act shall apply to that district as it applies to a municipal borough, with the substitu- tion of the clerk of the urban district council for the town clerk, of the urban district council for the council of the borough, of the general district rate for the borough fund or borough rate, and of the chairman of the council for the mayor. (2) Any reference to a municipal borough in this Part of this Act shall include a reference to a metro- politan borough and the City of London, with the substitution, as respects a metropolitan borough, of the clerk of the metropolitan borough council for the town clerk, and of the metropolitan borough council for the council of the municipal borough; and as respects the City of London, of the Secondary for the town clerk and of the common council for the council of the municipal borough. Any registration . expenses of a metropolitan borough council shall be paid as general expenses of the council, and any expenses of the common council shall be paid oni of the general rate. SPECIAL PROVISION AS TO REGISTRATION OF FREEMEN, ETC. 17. (1) A freeman of the City of London, being a liveryman of one of the several companies who is entitled to be registered as a parliamentary elector in respect of a business premises qualification within the city, shall be entitled, if he thinks fit, to be entered in a separate list of liverymen in the register of parliamentary electors, and to record his vote for Parliament as a liveryman. BA 52 REPRESENTATION OF THE PEOPLE ACT, 1918. (2) The foregoing provision shall apply to the freemen of any borough if the council of the borough so resolve, and the expression " freemen " shall include any persons by whatever name called enjoying in that borough rights similar to those enjoyed by freemen of the city of London in that city. COMPENSATION TO EXISTING OFFICERS. 18. Every person who is an assistant overseer at the time of the passing of this Act, and who suffers any direct pecuniary loss in consequence of this Act, shall be entitled to have compensation paid to him as registration expenses by the council responsible for the payment of registration expenses, and in determining such compensation (a) regard shall be had to the conditions and other circumstances required by sub- section (1) of section one hundred and twenty of the Local Government Act, 1888, in regard to cases of compensation under that section ; and (6) the compensation shall not exceed the limit therein mentioned ; and (c) the expression in subsection (1) of that section " The Acts and rules relating to Her Majesty's Civil Service " shall mean the Acts and rules relating to His Majesty's Civil Service which were in operation at the date of the passing of the Local Government Act, 1888 ; and (d) the provisions of subsections (2) to (7) of the same section shall apply with such REPRESENTATION OF THE PEOPLE ACT, 1918. 53 modifications (including the substitution of the " Local Government Board " for the "Treasury") as may be required, and including in subsection (2) the substitution of the words " next before the thirtieth day of September, nineteen hundred and four- teen " for the words " next before the passing of this Act." In this section the expression " assistant overseer " includes any person executing any of the duties of overseer, and receiving payment therefor. REGISTER FOR UNIVERSITY CONSTITUENCIES. 19. The foregoing provisions of tiiis Part of this Act shall not apply to university constituencies, but the governing body of every university forming, or forming part of, a university constituency shall cause a register to be kept in such form and made up, if desired, to such dates as they may direct, of persons entitled to vote in respect of a qualification at their university, and shall make the register available for the purpose of university elections for the constituency, and shall on the application of any person allow that person at all reasonable times to inspect and take extracts from the said register : Provided that the governing body may direct that a person who before the passing of this Act has received a degree, but was not entitled to vote in respect thereof, shall have no right to be registered unless he makes a claim for the purpose. The governing body of any such university may charge such fee as they think fit, not exceeding one pound, in respect of registration to any person who 54 REPRESENTATION OF THE PEOPLE ACT, 1918. receives a degree at their university after the passing of this Act, or who has received a degree before the passing of this Act but was not entitled to vote in respect thereof. PART III. METHOD AND COSTS OF ELECTIONS. PROPORTIONAL REPRESENTATION IN CERTAIN UNIVERSITY CONSTITUENCIES, AND CERTAIN OTHER CONSTITUENCIES IF SCHEME FOR SELECTION IS APPROVED. 20. (1) At a contested election for a university constituency, where there are two or more members to be elected, any election of the full number of members shall be according to the principle of proportional representation, each elector having one transferable vote as defined by this Act. (2) (a) His Majesty may appoint Commissioners to prepare as soon as may be after the passing of this Act a scheme under which as nearly as possible one hundred members shall be elected to the House of Commons at a general election 011 the principle of proportional representation for constituencies in Great Britain returning three or more members. (b) The number of members of the House of Commons as fixed under this Act shall not be increased by any such scheme. For the purpose of such scheme the Commissioners shall (after holding such local inquiries as they may deem necessary) combine into single constituencies, returning not less than three nor more than seven members, such of the areas fixed as constituencies in the Ninth REP J< KM-] NTAT K>.\ OF TIM. I'KOJM.K ACT, 1918. 55 Schedule to this Act as they may select, but iu selecting those areas they shall have regard to the advisability of applying the principle of proper tional representation both to town and country. (c) The scheme so prepared by the Commissioners shall be laid before both Houses of Parliament, and if both Houses by resolution adopt the scheme, the scheme shall, with any modifications or additions which may be agreed to by both Houses, take effect as if it were enacted in this Act, and the con- stituencies fixed under the scheme shall be substi- tuted, so far as necessary, for the constituencies fixed under the Ninth Schedule to this Act. (d) In any such constituency any contested election of the full number of members shall be according to the principle of proportional repre- sentation, each elector having one transferable vote as defined by this Act. (e) His Majesty may by Order in Council make any adaptation of the provisions of this Act as to the machinery of registration or election which may appear to him to be necessary in consequence of the adoption of the scheme. (3) His Majesty may by Order in Council frame regulations prescribing the method of voting, and transferring and counting votes, at any election, according to the principle of the transferable vote and for adapting the provisions of the Ballot Act, 1872 (35 and 36 Viet. c. 33), and any other Act relating to parliamentary elections thereto, and with respect to the duties of returning officers in connection therewith; and any such regulations shall have effect as if they were enacted in this Act. 56 REPRESENTATION OF THE PEOPLE ACT, 1918. (4) Nothing contained in this 'Act shall, except as expressly provided herein, affect the method of conducting parliamentary elections in force at the time of the passing of this Act. TRANSFERABLE VOTE. See Section 41 (6). POLLS TO BE HELD ON ONE DAY AT A GENERAL ELECTION, ETC. 21. (1) At a general election all polls shall he held on one day, and the day fixed for receiving nominations shall be the same in all constituencies, and accordingly the First Schedule to the Ballot Act, 1872 (35 & 36 Yict. c. 33), shall be modified as shown in Part I. of the Second Schedule to this Act. In the case of a bye-election, the poll shall take place on such day as the returning officer may appoint, not being less than four or more than eight clear days after the day fixed for nomination, and the First Schedule of the Ballot Act, 1872, shall be modified accordingly. (2) Official telegraphic information of the writ having been issued for a parliamentary election may l^e given in such cases and by such persons as may be directed by His Majesty in Council, and any steps for holding an election which may be taken on or after the receipt of the writ may be taken on or after the receipt of an official telegraphic in- timation of the writ having been issued. (3) The time appointed for the meeting of the Parliament may be any time not less than twenty clear days after the proclamation summoning the Parliament; and the Meeting of Parliament Act, 1852 (15 & 16 Yict c. 23), is hereby repealed. REPRESENTATION OF THE PEOPLE ACT, 1918. 57 (4) Nothing iii this section shall (a) affect the provisions of section one of the Ballot Act, 1872, relating to the com- mencement afresh of the proceedings with relation to the election on the death of a candidate or apply to proceedings so com- menced afresh; or (6) apply to a university election. ALL POLLS ON ONE DAY. By the Second Schedule the " nomi- nation " day is to be the eighth day after the Proclamation for the calling of a new Parliament ; and the polling day the ninth day after the nomination day. These days are fixed by the Act because all polls are to be held on one and the same day. PENALTY FOR VOTING AT GENERAL ELECTION IN MORE CONSTITUENCIES THAN ALLOWED. 22. (1) If any person at a general election votes for more constituencies than he is entitled to vote for in accordance with this Act, or asks for a ballot or voting paper for the purpose of so voting, he shall be guilty oi an illegal practice within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883; and the expression "illegal practice" shall be construed accordingly: Provided that (a) the court before whom a person is convicted under this section may, if they think it just in the special circumstances of the case, mitigate or entirely remit any in- capacity imposed by section ten of the Corrupt and Illegal Practices Prevention Act, 1883; and (6) the fact that any person has asked for a ballot paper in a constituency in circumstances 58 REPRESENTATION OF THE PEOPLE ACT, 1918. which entitle him only to mark a tendered ballot paper in pursuance of Rule 27 of the First part of the First Schedule to the Ballot Act, 1872, shall not, if he does not exercise that right, prevent his voting or asking for a ballot or voting paper in another constituency; and (c) the giving of a vote by a returning officer in pursuance of section two of the Ballot Act, 1872, in the case of an equality of votes, or the asking for a ballot paper for the purpose of so voting, shall not, for the purposes of this section, be deemed to 'be the giving of a vote as a parliamentary elector, or the asking for a ballot paper for the purpose of so voting. (2) The questions set out in Part II. of the Second Schedule to this Act may be asked of any voter at a poll at a general election in addition to those authorised already to be asked; and unless there is an answer given in the negative, that person (except as provided in that schedule) shall not vote. VOTING BY ABSENT VOTERS. 23. (1) For the purpose of giving persons whose names are entered on the absent voters list an opportunity of voting at a parliamentary election (other than a university election), the returning officer shall, where an election is contested, as soon as practicable after the adjournment of the election, send a ballot paper to each such person at the address recorded by the registration officer, together with a declaration of identity in the prescribed form, REPRESENTATION OF THE PEOPLE ACT, 1918. 59 (2) The ballot paper marked by the absent voter and accompanied by the declaration of identity duly signed and authenticated shall, if it is received by the returning officer before the close of the poll, be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary manner. (3) During the continuation of the present war and a period of twelve months thereafter, for the purpose of allowing more time for the receipt of ballot papers from persons whose names are entered on the absent voters list, His Majesty may by Order in Council direct that the counting of votes at any elections to which the Order applies shall, instead of taking place as soon as practicable after the close of the poll, take place at such time (not exceeding eight days after the close of the poll) as may be fixed by the Order, and returning officers shall comply with any such direction; and in any such case any vote received by the returning officer from an absent voter before the time at which the votes are to be counted shall be reckoned in the count. (4) The following special provisions shall apply for the purpose of enabling persons whose names are entered on the absent voters list to appoint voting proxies in certain cases : (n) His Majesty may by Order in Council direct that voting by proxy by naval or mili- tary voters shall be permitted in any area on land abroad mentioned in the Order if it appears to him that ballot papers sent to that area by post cannot reasonably be returned before the votes are counted, and 60 REPRESENTATION OF THE PEOPLE ACT, 1'JlS. that the case cannot be met by an Order under this section postponing the counting of votes : (b) A person whose name is entered on the absent voters list, if he satisfies the registration officer (i) that he is a naval or military voter and is serving, or about to serve, afloat, or in any area on land abroad in which voting by proxy is permitted in pursuance of an Order in Council made under this section; or (ii) that he is a merchant seaman, pilot, or fisherman (including the master of a merchant ship or fishing boat and an apprentice on such a ship or boat) and that there is a likelihood that he will be at the time of a Parliamentary election at sea or about to go to sea ; shall be entitled, if he so desires, to appoint a proxy, and, having appointed a proxy, to vote by proxy at a Parliamentary elec- tion in accordance with and subject to the provisions of this Act : (c) No ballot paper shall be sent for the purpose of voting by post to a person who has appointed a proxy under this provision while the appointment is in force, or to any naval or military voter, if the returning officer knows tha.t he is serving in an area in which voting by proxy is permitted in pursuance of an Order in Council made under this section : KKI'KKSKVI \ Tin\ ()K THE PEOPLE ACT, 1918. 61 (d) The provisions set out in the Third Schedule to this Act shall have effect with respect to voting by proxy. (5) A person whose name is entered on the absent voters list shall not be entitled to vote except as an absent voter in pursuance of this section. (6) His Majesty may by Order in Council pre- scribe the forms to be used for the purposes of this section, and make regulations as to the mode in which proxy papers may be issued and cancelled and in which ballot papers are to be sent to the voter for the purpose of voting by post and as to the authentication of any marked ballot papers, and generally for the purposes of carrying this section into effect and for preserving the secrecy of voting in pursuance thereof. VOTING BY PERSONS IN THE EMPLOYMENT OF RETURNING OFFICERS. 24. Where an elector for any constituency (other than a university constituency) is employed by the returning officer for that constituency for any pur- pose in connection with an election for that con- stituency, and the circumstances of that elector's employment are, in the opinion of the returning officer, such as to prevent him from voting at the polling station at which the elector would other- wise be entitled to vote, the returning officer may authorise the elector, by a certificate given in the prescribed form, to vote at any other polling station in the constituency, and that polling station shall, for the purpose of Rule 18 of Part I. of the First Schedule to the Ballot Act, 1872, be deemed to be the polling station allotted to that elector. 62 REPRESENTATION OF THE PEOPLE ACT, 1918. RIGHT TO THE USE OF ELEMENTARY SCHOOLS. 25. (1) A candidate at a parliamentary election (other than a university election) shall be entitled, for the purpose of holding- a public meeting in furtherance of his candidature, to the use at reasonable times between the receipt of a writ for the election and the day of the poll, of a suitable room in any public elementary school situated within the constituency for which he is a candidate : Provided that this enactment shall not authorise the use of any room used as part of a private dwelling-house nor authorise any interference with the school hours of an elementary day or evening school. (2) A charge may be made to cover any actual and necessary expenses incurred by the local education authority, or by the managers of the school, in respect of the preparation of the room before the meeting for the purposes of the meeting, and after the meeting for school purposes, and for warming, lighting, and cleaning the room. (3) If by reason of the use of any room under this Act any damage is done to the school-house, or to the furniture, fittings, or apparatus, the damage shall be defrayed by the person by whom, or on whose behalf, the meeting is convened. DEPOSIT BY CANDIDATES AT PARLIAMENTARY ELECTIONS. 26. (1) A candidate at a parliamentary election, or someone on his behalf, shall deposit or cause to be deposited with the returning officer, during I.KTRESENTATION OF THE PEOPLE ACT, 1918. 63 the time appointed for the election, the sum of one hundred and fifty pounds, and if he fails to do so lie shall be deemed to be withdrawn within th< provisions of the Ballot Act, 1872. (2) The deposit may be made by the deposit of any legal tender or, with the consent of the returning officer, in any other manner. (3) If after the deposit is made the candidate is withdrawn in pursuance of the provisions of the Ballot Act, 1872, the deposit shall be returned to the person by whom the deposit was made ; and if the candidate' dies after the deposit is made and before the poll is commenced, the deposit, if made by him, shall be returned to his personal repre- sentative, or, if not made by him, shall be returned to the person by whom the deposit was made. FORFEITURE OF DEPOSIT IN CERTAIN CASES. 27. (1) If a candidate who has made the required deposit is not elected, and the number of votes polled by him does not exceed, in the case of a constituency returning one or two members, one- eighth of the total number of votes polled, or in the case of a constituency returning more than two members one-eighth of the number of votes polled divided by the number of members to be elected, the amount deposited shall be forfeited to His Majesty; but in any other case that amount shall be returned to the candidate, where the candidate is elected, as soon as he has taken the oath as a member, and where the candidate is not elected, as soon as practicable after the result of the election is declared : 64 REPRESENTATION OF THE PEOPLE ACT, 1918. Provided that where a candidate is nominated at a general election in more than one constituency he shall in no case recover his deposit more than once, and in such case the deposits shall be forfeited to His Majesty except such one as the Treasury direct to be returned to the candidate. (2) For the purposes of this section the number of votes polled shall be deemed to be the number of ballot papers (other than spoilt ballot papers) counted; and where the election is held under the system of the transferable vote the number of votes polled by a candidate shall be the number of votes polled by him as first preferences. RETURNING OFFICERS. 28. The returning officer at a parliamentary election (other than a university election) shall notwithstanding anything in any other Act, be : (1) In the case of a parliamentary county which is coterminous with, or wholly contained in, one administrative county, the sheriff ; (2) In the case of a parliamentary borough which is coterminous with, or wholly contained in, a county of a city or town having a sheriff, the sheriff, and in the case of the City of London, the sheriffs ; (3) In the case of a parliamentary borough which is coterminous with, or wholly contained in, one municipal borough (not being a county of a city or town having a sheriff), or one metropolitan borough, or one urban district, the mayor or chairman of the council, as the case requires ; and REPRESENTATION OF THE PEOPLE ACT, 1918. 65 (4) Iii any other case, such sheriff, mayor, or -haii-maii, as may be designated for the purpose by the Local Government Board. PAYMENT OF RETURNING OFFICERS ' EXPENSES BY TREASURY. 29. (1) The returning officer at a parliamentary election (other than a university election) shall be entitled to his reasonable charges not exceeding the suras specified in the scale of maximum charges framed under this section, in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes of or in connection with the election. (2) The amount of any such charges shall be paid by the Treasury out of moneys provided by Parlia- ment on an account being submitted to the Treasury in accordance with regulations made under this section ; but the Treasury may, if they think fit, before payment apply to the court as defined by this section for the taxation of the account: and the court shall have jurisdiction to tax the account in such manner and at such time and place as the court thinks fit, and finally to determine the amount payable to the returning officer. On the request of the returning officer for an advance on account of his charges the Treasury may, if they think fit, and on such terms as they think fit, make such an advance. (3) Where an application is made for the taxation of a returning officer's account, the returning officer 7 IK) REPRESENTATION OF THE PEOPLE ACT, I Jl s may apply to lite court to examine any claim made by any person against him in respect of matters charged in the account; and the court, after notice given to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to, with or without costs; and the determination of the court shall be final for all purposes and as against all persons. (4) The Treasury shall prescribe a scale of maximum charges for the purposes of this section and may revise the scale as and when they think fit, and may also make regulations as to the time when and manner and form in which accounts are, to be rendered to them for the purpose of the pay- ment of the charges. (5) The court for the purposes of this section shall be, as respects an election in the City of London, the Mayor's Court; and a elsewhere in England and in Ireland the county -court having jurisdiction at the place of nomination for the election to which the proceedings relate ; and as regards Scotland " the court" shall mean the Auditor of the Court of Session. DISCHARGE OF RETURNING OFFICERS' DUTIES BY AN ACTING RETURNING OFFICER. 30. Except as herein provided the duties of returning officer at parliamentary elections (other than a university election) shall be discharged by the registration officer as acting returning officer, and the acting returning officer shall have all the powers, duties, rights, and liabilities of the r\Tio.\ 01 INK i !:< I 1 ) K U3T, I'.'is. (I? returning <>{Hr} of Part V. of the First Schedule to the Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Viet, c. 51), (which relate to the maximum scale of election expenses), and that Act shall have effect accordingly. 70 REPRESENTATION OF THE PEOPLE ACT, 1U1S. (2) Any candidate at a parliamentary election shall, subject to regulations of the Postmaster- Genera J, be entitled to send, free of any charge for postage, to each registered elector for the consti- tuency, one postal communication containing matter relating to the election only, and not exceeding two ounces in weight : Provided that a candidate shall not be entitled to exercise the right of free postage conferred by this provision before he is duly nominated unless he has given such security as may bo required by the Post- master-General for the payment of postage in* case he does not eventually become nominated. For the purpose of this provision candidates who are under paragraph (4) of Part Y. of the First Schedule to the Corrupt and Illegal Practices Pre- vention Act, 1883, deemed to be joint candidates at an election shall be treated as a single candidate. JOINT CANDIDATES. See ante, p. 20. 9 EXPENSES INCURRED BY UNAUTHORISED PERSONS. 34. (1) A person other than the election agent of a candidate shall not incur any expenses OD account of holding public meetings or issuing advertisements circulars or publications, for the purpose of promoting or procuring the election of any candidate at a parliamentary election unless he is authorised in writing to do so by such election agent. (2) If any person acts in contravention of this section, he shall be guilty of a corrupt practice other than personation within the meaning of the llEIM.'l-.sKM A I tu.N <>! I H K I'KOl'IK \( I, I '.MS. <1 Corrupt and Illegal Practices Prevention Act, 1883, and the expression " corrupt practice " shall be couMrued accordingly : Provided that the court before \vhoin a person is convicted under this section may, if they think it just in the special circumstances of the case, miti- gate or entirely remit any incapacity imposed by >ection six of the Corrupt and Illegal Practices Prevention Act, 188:5. (") Any expenses incurred on account of any such pui-pose as aforesaid and authorised by the candi- date shall be duly returned as part of the candidate's election expenses. ( KKI A1N ACTS TO HAVE PERMANENT EFFECT. 35. The following Acts, that is to say The Ballot Act, 1872; The Parliamentary Elections (Returning Officers) Act, 18T5 (38 & 39 Viet. c. 84) ; The Parliamentary Elections Returning Officers Kxpeuses (Scotland) Act, 1878 (41 & 42 Viet. c. 41) ; The Parliamentary Elections and Corrupt Practices Act, 1880 (45 Viet. c. 18); The Corrupt and Illegal Practices Prevention Act, 1883; The Municipal Elections (Corrupt and Illegal Practices), Act, 1884 (47 & 48 Viet. c. 70): The Local Government ( Kle.-tions) Act (59 & (in Viet. c. 1), 18%: shall become permanent Ad-, and any provision in any Act in force a.t the date of the passing of 72 REPRESENTATION OF THE PEOPLE ACT, this Act which limits the period for which any of those Acts are to remain in operation shall cease to have effect. CONDUCT OF ELECTIONS FOR UNIVERSITY CONSTITUENCIES . 36. (1) The provisions contained in Part I. of the Fifth Schedule to this Act shall* have effect with respect to elections for university constituencies other than the Scottish university constituency, and the provisions contained in Part II. of that Schedule shall have effect with respect to elections for the Scottish university constituency, and His Majesty may, by Order in Council, make such regulations as appear necessary or desirable for giving full effect to those provisions and for the effective and proper conduct of those elections. Any such regulations may be made so as to be applicable generally to elections for university con- st it uencies or specially to elections for any particular university constituency. (2) This part of this Act shall, except as expressly provided, apply to university constituencies and university elections. (3) In the application of the provisions of this Act which are applicable to university constituencies and university elections to those constituencies and elections the following modifications shall have effect : (a) " Voting paper" shall be substituted for " ballot paper," and for any reference to the Ballot Act, 1872, there shall be substituted a reference to the corre- REPRESENTATION OF THE PEOPLE ACT, 1918. 73 spending provision of this Act, or regula- tions made thereunder in relation i<> university constituencies or university elections : (b) It shall not be necessary to prepare an absent voters list, but the right to vote by proxy niav be exercised by any person who would be entitled to exercise such rig-lit if his name were entered on an absent voters list, so long- as all other conditions enabling him to vote by proxy are fulfilled : (c) Where a candidate's deposit is forfeited the deposit shall be retained by the university. PART IV. REDISTRIBUTION OF SEATS. 37. (1) Each of the areas mentioned in the first column of the First Part of the Ninth Schedule to this Act shall be a parliamentary borough returning the number of members specified opposite thereto in the said Schedule, and where so provided in the Schedule shall be divided into the divisions specified therein, and each such division shall return one member. (2) Each of the areas mentioned in the first column of the Second Part of the Ninth Schedule to this Act shall be a parliamentary county returning the number of members specified opposite thereto in the said Schedule, and where so provided in the Schedule shall be divided into the divisions specified therein, and each such division shall return one member. 74 REPRESENTATION OF THE PEOPLE ACT, 1918. (3) Each of the universities and combinations of universities mentioned in the Third Part of the Ninth Schedule to this Act shall be a constituency return- ing the number of members specified opposite thereto in the said Schedule. (4) The distribution of seats in Great Britain under this Part of this Act shall take the place of the distribution of seats existing at the time of the passing of this Act; and all writs for parliamentary elections and other documents consequent upon the writs or relating to parliamentary elections or the registration of electors shall be framed and expressed in such manner and form as may be necessary for carrying into effect the provisions of this Act. PART V. GENERAL. PUNISHMENT OF OFFENCES COMMITTED OUTSIDE THE UNITED KINGDOM. 38. AVli ere any person commits out of the United Kingdom any act which if that act had been com- mitted in the United Kingdom would have rendered tli at person liable to prosecution and punishment under the Ballot Act, 1872, or the Corrupt and Illegal Practices Prevention Act, 1883 (as amended by any subsequent Act), or under this Act, that person shall be liable to be proceeded against and punished as though the act had been committed in the United Kingdom at any place where that person may for the time being be. For the purpose of any such prosecution any period prescribed as the period within which pro- REPRESENTATION OF THE PEOPLE ACT, 1918. 75 ceedings may be commenced shall be reckoned a^ from the date on which the person charged returned to the United Kingdom next after the commission of the offence. ALTERATION OF POLLING DIM KM is WHERE NECESSARY. 39. The council having power to divide a con- stituency into polling districts shall, not later than one month after the passing of this Act, take into consideration the division of the constituency into polling districts, and make any re-arrangements of those districts which it appears necessary to make as a consequence of alterations effected by this Act. See Sections 31 and 32. REGULATIONS To J5E LAID BEFORE PARLIAMENT. 40. (1) All rules, regulations, or provisions made by Order in Council under this Act shall be laid before each Hoiise of Parliament forthwith: and unless and until an address is presented to His Majesty by either Ilou>e of Parliament within the next subsequent twenty-one days on which that House has sat next after any such rule, regulation, or provision is laid before it, praying that the rule, regulation, or provision may be annulled, the rule, regulation, or provision, shall have effect n> il enacted by this Act. (2) Any Order in Council under this Act may l>e revoked or varied as occasion requires by any subsequent Order in Council. REPRESENTATION OF THE PEOPLE ACT, INTERPRETATION . 41. In this Act, unless the context otherwise requires : (1) The expression " constituency " means any county, borough, or combination of places, or university or combination of universities, returning a member to serve in Parlia- ment; and, where a county or borough is divided for the purpose of parliamentary elections, means a division of the county or borough so divided; and elections tor any such division shall be held in the same manner and subject to the same pro- visions as those for undivided counties or boroughs : (2) The expression "local government electoral area " means the area for which any county council, municipal borough council, metro- politan borough council, district council, board of guardians, parish council, or any other body elected at the time of the pass- ing of this Act by persons on the local government register or on the register of parochial electors is elected; and the ex- pression " local government election" means an election for any such council, board, or body : (3) The expression " general election " means an .election of members to 'serve in a new Parliament of the United Kingdom : (4) The expression "university constituency" means a constituency consisting of a uni- versity or a combination of universities ; 1IF.IMJKSKN T\ I ION OK TllV. I'KOIM.K \(T. I'.HS. <7 and the expression "university election" means nn election of :i member or members of Parliament for a university constitu- ency : (">) A person who is an inmate or patient in any prison, lunatic asylum, workhouse, poor- house, or any other similar institution shall not by reason thereof be treated as resident therein for any purpose <>f this Act : (6) The expression '* transferable vole " means a vote (fi) capable of being given so as to indicate the voter's preference for the candidates in order; and (b) capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of the votes given for a prior choice, that choice is eliminated from the list of candidates: d) For the purposes of registration a person's age shall be taken io be that person's age on the last day of the qualifying period : (8) The expression "dwelling-house" includes any part of a house where that part is occupied separately as a dwelling-house: !' The yearly value of land or premises shall be taken to be the gross estimated rental. or in the metropolis the gross value, where those premises are separately assessed to rates, and in any other c j ase shall be deemed to be the amount which would in the opinion of the registration officer be the 78 REPRESENTATION OF THE PEOPLE ACT, 1918. gross estimated rental or gross value if they were separately assessed : (10) The expression "afloat" and expressions relating to service afloat in connection with naval and military voters shall be interpreted in accordance with rules mad' 1 for the purpose by the Admiralty : (11) The expression "prescribed" means pro- scribed by His Majesty by Order in Council. ADAPTATION' OF ACTS. 42. The parliamentary and the local government franchises enacted by this Act shall take the place of all parliamentary and, so far as respects local government elections within the meaning of this Act, of all local government franchises existing at the time of the passing of this Act; and the pro- visions set out in the Sixth Schedule to this Act with respect to the adaptation of Acts shall have effect for the purpose of adapting the law to the provisions of this Act. APPLICATION TO SCOTLAND. 43. This Act shall apply to Scotland, subject to the following modifications: (1) Unless the context otherwise requires (a) The word " borough " except as used in the expression " parliamentary borough " means " burgh " ; (b) The expression " local government electoral area " means the area for which M-'.M' VTTO.N OF THE I'KOl'I.K \< T, I '.MS. /!) jniy county council, lown council, parish council, or school board, i> elected, and "local government election " menus :in election for any such council or hoard; (c) The expression *' tlie Local Govern- meni Hoard " (except where otherwise expressly provided) means the Secretary tor Scotland ; (d) The expression "Valuation Acts' means the Lands Valuation (Scotland) Act, 1854 (IT & 18 Yict. c. 91), and any Acts amending the same; (c) The expression " govern ing; body " used in relation to a university means the university court ; (/) A reference to the Supreme Court shall be construed as a reference to the Court of Session; (g) A reference to the Court of Appeal >hall he construed as a reference to the Court of three judges of the Court of Session constituted by the twenty-third section of the Representation of th" People (Scotland) Act, 1868 (31 & 32 Viet. c. 48); (//) A reference to the county court -hall he construed as a reference to the sheriff court : (2) The yearly value of any subjects shall be taken to be the value appearing in the valuation roll where those subjects are .separately valued in that roll, and in any other case shall be deemed to be the value 80 REPRESENTATION OF THE PEOPLE ACT, 1918. which would in the opinion of the registra- tion officer be entered therein if they were so valued : (3) The section of this Act relating to local government franchise (men) shall not apply, and in lieu thereof (a) A man who is full age and not subject to any legal incapacity shall be entitled to be registered as a local government elector for a local govern- ment electoral area if he is on the last day of the qualifying period and has been during the whole of that period (i) the owner of land and heritages within the area of the yearly value of not less than ten pounds : Where such lands and heritages are in the joint ownership of two or more persons and the aggregate yearly value of the lands and heritages is not less than the amount produced by multiplying ten pounds by the number of the joint owners, each of the joint owners shall be treated as owning lands and heri- tages of the yearly value of not less than ten pounds; or (ii) the occupier as tenant of lands and heritages within the area of the yearly value of not less than ten pounds : Where such lands and heri- tages are in the joint occupation as tenants of two or more persons, and the aggregate yearly value of the REPRESENTATION OF THE PEOPLE ACT, 1918. 81 lands and heritages is not less than the amount produced by multiplying ten pounds by the number of the joint occupiers, each of the joint occupiers shall be treated as occupying lands and heritages of the yearly value of not less than ten pounds ; or (iii) the inhabitant occupier as owner or tenant of a dwelling-house within the area; or (iv) the occupier of lodgings within the area of the yearly value if let unfurnished of not less than ten pounds: Where such lodgings are in the joint-occupation of not more than two persons and the aggregate yearly value as aforesaid of the lodgings is not less than twenty pounds, each of the joint lodgers shall be treated as occupying lodgings of the yearly value of not less than ten pounds; or (v) the inhabitant occupier by virtue of any office, service, or employment of a dwelling-house within the area which is not inhabited by the person in whose service he is in such office, service, or employment; (b) the ownership or occupation in immediate succession of different land* and heritages, dwelling-houses, or lodg- ings, as the case may be, in the same parliamentary county or in the same parliamentary borough shall have the like effect in qualifying a man to be 8 82 REPRESENTATION OF THE PEOPLE ACT, 1918. registered as a local government elector for a local government electoral area therein, respectively, as the continued ownership or occupation of the same lands and heritages, dwelling-houses, or lodgings within that area ; (c) in this section "owner" shall include heir of entail in possession, life- renter, and beneficiary entitled under any trust to the rents and profits of lands and heritages and shall not include the fiar of lands and heritages subject to a life-rent, nor tutor, curator, judicial factor, nor commissioner; "lands and heritages " has the same meaning as in the Valuation Acts, and " dwelling- house " means any house or part of a house occupied as a separate dwelling : (4) Subsection (1) of the section of this Act relating to franchises (women) shall not apply, and in lieu thereof (a) a woman who is not subject to any legal incapacity shall be entitled to be registered as a parliamentary elector for a constituency (other than a university constituency) if she has attained the age of thirty years, and if either she or her husband is on the last day of the qualifying period occupying as owner or tenant any land or premises in the constituency (hereinafter in this sub- section called " the qualifying prem- ises "), and has during the whole of REPRESENTATION OF THE PEOPLE ACT, 1918. 83 the qualifying period so occupied any land or premises in the county or county of a city in which the qualifying premises are situated : (6) For the purposes of this sub- section (i) the word "tenant" shall include a person who inhabits by virtue of any office, service, or employment any dwelling-house which is not inhabited by the person in whose service he or she is in such office, service, or employment ; (ii) the word " tenant " shall in- clude a person who occupies a room or rooms as a lodger only where such room or rooms are let to him or her in an unfurnished state : (iii) the expression " land or prem- ises" means any land or premises (other than a dwelling-house) of the yearly value of not less than five pounds or any dwelling-house : (iv) a woman, though she or her husband may have been occupying land or premises in the constituency on the last day of the qualifying period, shall not be entitled to be so regis- tered, if she or her husband, as the case may be, commenced to occupy the land or premises within thirty days before the end of the qualifying period and ceased to occupy them within SA 84 REPRESENTATION OF THE PEOPLE ACT, 1918. thirty days after the commencement of such occupation; (v) the word "county" means a county inclusive of all burghs therein except a county of a city, and the word "dwelling-house" means any house or part of a house occupied as a separate dwelling. *(vi) where land or premises are in the joint occupation of two or more persons, each of the joint occupiers shall be treated as occupying the same, provided that not more than two joint occupiers shall be so treated in respect of the same land or premises, unless they are bond fide engaged as partners, carrying on their profession, trade, or business on the land or premises, and provided further that in the case of land or premises (other than a dwelling-house) the aggregate yearly value thereof must be not less" than the amount produced by multi- plying five pounds by the number of joint occupiers : (c) A woman registered by virtue of this section shall be deemed to be regis- tered by virtue of her own or her hus- band's local government qualification : (5) Subsection (1) of the section of this Act relating to supplemental provisions as to residence and occupation shall not apply except in so far as that subsection relates REPRESENTATION OF THE PEOPLE ACT, 1918. 85 to the parliamentary franchise for men, and subsection (4) of the said section shall not apply : (6) The section of this Act relating to provisions as to disqualifications shall have effect as if the following provisions were enacted therein : A person shall not be disqualified from being registered or from voting as a parlia- mentary or local government elector, by reason that he is the town clerk or depute town clerk of any burgh or the assessor under the Valuation Acts in any burgh or county : (7) The section of this Act relating to provision as to qualification of councillor shall not apply : (8) The section of this Act relating to registration officers and areas shall not apply, and in lieu thereof Each burgh, the town council whereof was entitled under the law in force at the passing of this Act to appoint an assessor for the purpose of parliamentary registra- tion, and each county (exclusive of every such burgh), or, where any county is divided for the purpose of parliamentary elections, each part of the county (with the like exclusion) which lies within a separate parliamentary division, shall be a registra- tion area; and the assessor of the burgh or county under the Valuation Acts, or where there are two or more such assessors, one of them appointed for the purpose of 86 REPRESENTATION OF THE PEOPLE ACT, 1918. parliamentary registration by the town or county council, as the case may be, shall be the registration officer of that area, and all other assessors (if any) in that area shall, for the purpose of the registration of parliamentary and local government elec- tors, be subject to the instructions of the registration officer and shall be bound to act on such instructions. Provided that, from and after the date when the first register under this Act shall have been completed, an officer of Inland Revenue shall not be appointed or continue to act as assessor for any burgh or county under the Valuation Acts without the con- sent of the Treasury. (9) The provisions regarding the appointment of an assistant judge in the section of this Act relating to appeals shall not apply : (10) In the application of the section of this Act relating to right to the use of elementary schools the expression " any public ele- mentary school " means " any school in receipt of a parliamentary grant." (11) The first subsection of the section of this Act relating to expenses of registration shall not apply, and in lieu thereof Any expenses properly incurred by any registration officer in the performance of his duties in relation to registration, in- cluding all proper and reasonable charges for trouble, care, and attention in the per- formance of those duties and any cost incurred by him as party to an appeal REPRESENTATION OF THE PEOPLE ACT, 118. 87 (in this Act referred to as ' i registration expenses "), shall be paid by the council appointing the registration officer : Pro- vided that, where a burgh within the meaning of the Local Government (Scot- land) Act, 1889, is not a separate registra- tion area, the council thereof shall pay to the council appointing the registration officer a contribution towards the registra- tion expenses, and subsection (4) of section sixty and section sixty-six of that Act shall apply, with the necessary modifications, to such contribution. The amount necessary to defray any registration expenses or any contribution thereto, as the case may be, shall be assessed and levied in any one of the modes allowed by the Valuation Acts with respect to the costs and expenses of making up the valuation roll: (12) In subsection (5) of the section of this Act relating to expenses of registration the expression " the council whose clerk the registration officer is " means " the council appointing the registration officer" : (13) The sections of this Act relating to returning officers and to the discharge of returning officers' duties by an acting returning officer shall not apply, and in lieu thereof : The returning officer at parliamentary elections (other than a university election) shall as heretofore be the sheriff of the 88 REPRESENTATION OF THE PEOPLE ACT, 1918 sheriffdom within which the constituency is wholly situated or, where the con- stituency is situated in more than one sheriffdom, the sheriff specified in the Seventh Schedule to this Act, and the power of appointing deputies conferred by section eight of the Ballot Act, 1872, on certain sheriffs shall be exercisable by any sheriff who is returning officer for more than one constituency or who, by reason of sickness or unavoidable absence, is incapacitated from performing any of the duties devolv- ing upon him as returning officer, and in the event of no such appointment being made by a sheriff so incapacitated or in the event of any vacancy in the office of sheriff at the time when any of such duties require to be performed, the sheriff substitute at the place at which the writ for the election is appointed to be received shall act as returning officer, and shall perform all the duties and have all the powers (including the power of appointing deputies) of such returning officer. (14) Notwithstanding the provisions of sub- section of this Act relating to polls to be held on one day at a general election, etc., the poll at any general or bye-election for the constituency of Orkney and Zetland shall remain open for two consecutive days as heretofore : (15) The provisions of the last paragraph of the' section of this Act relating to register for REPRESENTATION OF THE PEOPLE ACT, 1918. 89 university constituencies shall not apply, and the said section shall have effect as if regulation sixteen of section two of the Universities Elections Amendment (Scot- land) Act, 1881 (44 & 45 Viet. c. 40), were enacted therein in lieu of the said paragraph : (16) The section of this Act relating to place of election shall not apply, and in lieu thereof : In the case of parliamentary elections (other than an election for a university constituency), the place of election shall be a convenient room situated in such place as the Secretary for Scotland may by order from time to time determine : (17) In the application of the section of this Act relating to division of constituency into polling districts and provision of polling places, and of the section of this Act relating to re-arrangement of polling dis- tricts to suit new constituencies, the return- ing officer shall be substituted for the council having a power or duty under those sections to divide a constituency into polling districts, and the Lord Advocate shall be substituted for the Local Govern- ment Board : (18) Notwithstanding anything in this Act it shall % not in the year nineteen hundred and nineteen and subsequent years be necessary (a) As regards any burgh or any regis- tration unit therein, if the town council 90 REPRESENTATION OF THE PEOPLE ACT, 1918. of the burgh so resolve, to show or dis- tinguish in any spring register the names of persons entitled to vote as local government electors; or (6) As regards any county or any registration unit therein, if the county council of the county so resolve, to show or distinguish in any register other than the autumn register in those years in which county council elections fall to be held the names of persons entitled to vote as local government electors : Provided that (i) a resolution under this section shall not have effect unless it is passed as respects the spring register in any year before the first day of January in that year, and as respects the autumn register in any year before the first day of July in that year; (ii) for all the purposes of the regis- tration of local government electors in any burgh or county or registration unit therein to which any such resolu- tion applies, the last preceding local government register shall remain in force until a new local government register comes into force : In this subsection " burgh " has the same meaning as in the Town Councils (Scotland) Act, 1900 (63 & 64 Yict. c. 49), and "county 55 means a county exclusive of any such burgh : REPRESENTATION OF THE PEOPLE ACT, 1918. 91 (19) Except as expressly provided in this Act (a) Nothing in this Act shall take effect so as to deprive any royal or parlia- mentary burgh losing separate repre- sentation under this Act of any right, privilege, or status, whether for pur- poses of local government or otherwise, hitherto enjoyed by such burgh as a royal or parliamentary burgh; and (6) Nothing in this Act or in any Act in force at the passing of this Act as read with this Act shall take effect so as to confer upon any police burgh acquiring separate representation under this Act any rights, privileges, or status, whether for purposes of local govern- ment or otherwise, not enjoyed by other police burghs. In this subsection the references to royal, parlia- mentary, or police burghs shall be deemed to include references to the magistrates, town councils, and officers thereof, respectively, and the expression " separate representation " shall be construed as meaning the right to return, or to contribute as a burgh to return, a member, or members to Parliament. APPLICATION TO IRELAND. 44. This Act shall apply to Ireland subject to the following modifications : (1) References to the Lord Chancellor shall be construed as references to the Lord Chancellor of Ireland. 92 REPRESENTATION OF THE PEOPLE ACT, 1918. The Lord Chancellor shall not sit as a member of the Court of Appeal on the hearing of appeals from the county court under this Act. In any county in which the jurisdiction of the county court is exercised for the time being by two or more county court judges, the appeals from the registration officer shall be dealt with by such one of those judges or his assistant judge as may be directed by the Lord Chancellor, or shall be distributed amongst those judges and their assistant judges according as may be so directed. For the purposes of this Act, county court rules, orders, and scales of fees, costs, and charges may be made under sections seventy-nine, eighty-three, and eighty-four of the County Officers and Courts (Ireland) Act, 1877 (40 and 41 Yict. c. 56); but the provisions of those sections as to the con- currence of, or certification by, county court judges or the recorder shall not apply : (2) The reference to the Local Government Board in relation to the approval of a deputy for the execution of any of the powers and duties of a ^registration officer shall be construed as a reference to the Lord Lieutenant, and other references to that Board shall be construed as % references to the Local Government Board for Ireland : " REPRESENTATION OF THE PEOPLE ACT, 191. 93 (3) (a) The clerk of the Crown and peace for an administrative county, not being a county borough, shall be the registration officer for any parliamentary county which is coter- minous with, or the whole or greater part of which is contained in, the administra- tive county, and for any parliamentary borough of which the whole or greater part is contained in the administrative county and no part is contained in a county borough, and the clerk of the Crown and peace for a county borough shall be the registration officer for any parliamentary borough which is coterminous with, or the whole or any part of which is contained in, the county borough, and the council of that administrative county or county borough, as the case may be, shall be the council by which the registration expenses of that registration officer are to be paid, subject in cases where the parliamentary county or parliamentary borough is not coterminous with, or wholly contained in, the adminis- trative county or county borough, as the case may be, to such contribution by the council of any other administrative county or county borough as the Local Government Board may direct: Provided that the registration expenses to be paid by a council shall not include any charges for trouble, care, and attention, in the performance of duties which are performed bv the registra- tion officer in person : Provided also that fhe persons who, at the passing of this Act, 94 REPRESENTATION OF THE PEOPLE ACT, 1918. are town clerks for the county borough of Dublin and the county borough of Belfast, respectively, shall, so long as they hold their respective offices, be the registration officers for the parliamentary borough of Dublin and the parliamentary borough of Belfast, respectively, and that the* last preceding proviso shall not apply in their case. (6) The registration expenses shall be paid in the case of the council of a county borough, out of the rate or fund out of which the general expenses of the council are paid, or out of any other rate or fund which the Local Government Board may on the application of the council approve, and in the case of a council of any other administrative county, out of the poor rate as a county at large charge, except in cases to which section twelve of the Parlia- mentary Registration (Ireland) Act, 1885 (48 & 49 Viet. c. IT), applies: (c) In the event of any vacancy in the office of registration officer or in the event of the registration officer's , incapacity to act, the powers and duties of the registra- tion officer may be exercised and performed by any person temporarily appointed in that behalf by the Lord Chancellor : (d) The power of advancing sums to a registration officer on account of registra- tion expenses shall be exerciseable by the council by which those expenses are to be paid: REPRESENTATION OF THE PEOPLE ACT, 1918. !>') (e) This section, in its application to the county of Tipperary, shall have effect as if each parliamentary division of the county were a separate parliamentary county, and as if the clerk of the Crown and peace for the entire county were clerk of the Crown and peace for the administrative counties of the North Riding and the South Riding respectively : (4) Where an administrative county is divided into ridings the Lord Lieutenant may, by order, divide the parliamentary county into a corresponding number of registration areas, and make any adaptations of this Act which may be necessary in conse- quence of the division, and the clerk of the Crown and peace for any riding shall be registration officer for such of those areas as may be directed by the Lord Lieutenant : (5) For the purposes of appeals from the regis- tration officer, and also for the purpose of the revision of jurors' lists, the powers and jurisdiction of the county court shall, unless and until the Lord Lieutenant otherwise direct, be exercised, as respects the parliamentary borough of Dublin, by the persons who are at the time of the passing of this Act Dublin revising barristers, and as respects the parlia- mentary county of Dublin by the person who is at the- time of the passing of this Act revising barrister for that county ; but while those powers are so exercised, the provisions of this Act as to county courts 96 REPRESENTATION OF THE PEOPLE ACT, 1918. shall apply to those persons as they apply to county courts, with the necessary modifications, and in particular with the modification that assistant judges may be appointed to assist those persons if, in the opinion of the Lord Chancellor, such appointment is necessary in order to enable the appeals to be disposed of with proper despatch : (6) The expenses of any printing required in connection with registration shall be treated as part of the expenses of the registration officer under this Act, not- withstanding that the printing is arranged for by the county council under section ninety-six of the Local Government (Ire- land) Act, 1898 (61 & 62 Yict. c. 37) : (7) The expression " assistant overseer " means a town clerk, secretary of a county council, clerk of an urban district council, an exist- ing clerk of the union, within the meaning of the Local Government (Ireland) Act, 1898, and a collector of poor rate : (8) Notwithstanding the limit imposed in sub- section (2) of section twenty-seven of the County Officers and Courts (Ireland) Act, 1877, the salaries of clerks of the Crown and peace may be increased by orders made under that subsection to such extent as appears to the Lord Lieutenant and Council, with the concurrence of the Treasury, to be proper, having regard to additional duties imposed on those officers by this Act : Provided that the liability of REPRESENTATION OF THE PEOPLE ACT, 1918. 97 a clerk of the Crown and peace to account for sums other than registration expenses received by him as registration officer shall not extend to any such increase of salary : (9) The provisions with respect to the division of constituency into polling districts and appointment of polling places shall have effect with the following modifications: (a) A reference to the council by which the registration expenses of the registration officer for any constituency are to be paid shall be substituted for the reference to the council whose clerk the registration officer for any constituency is, or by whom the registration officer is appointed : (6) The powers of a council under the said provisions shall be exercised in accordance with rules made by the Local Government Board, and any exercise of the powers shall be subject to confirma- tion by that Board who may confirm the proposed division, appointment or altera- tion either with or without modifications, or may withhold confirmation : (c) The Board may cause a local inquiry to be held as respects any ques- tions arising in connection with the said provisions, and article thirty-two of the schedule to the Local Government (Ap- plication of Enactments) Order, 1898, shall apply to any such inquiry : (10) Part IT. of this Act, and the provisions with respect to an urban district which is coter- minous with, or wholly contained in, a 9 98 REPRESENTATION OF THE PEOPLE ACT, 1918. registration area, or with respect to the persons who are to be returning officers, or with respect to the discharge of returning officers' duties by an acting returning officer,, or with respect to the place of elec- tion, or with respect to the right to the use of elementary schools, shall not apply : (11) (a) The qualifying period shall be a period of six months ending on the fifteenth day of July and including that day : Provided that one month shall be sub- stituted for six months in the application of this provision to a person who is a naval or military voter or who has been serving as a member of the naval, military, or air forces of the Crown at any time during the said six months and has ceased so to serve ; (6) One register of electors only shall be made in each year, and all provisions applicable to the autumn register shall apply as respects the yearly register (except that the yearly register shall remain in force until the fifteenth day of Octo'ber in the next following year), and the provisions as to the preparation of two registers in each year and as to the spring register shall not apply : (12) The yearly value of premises shall be taken to be the rateable value where those pre- mises are separately valued, and in any * other case shall be deemed to be the amount which would, in the opinion of the registra- tion officer, be the rateable value if they were separately valued : i;KI'lv'I>i;\ IATION OF THE PEOPLE ACT, 1918. 99 (UJ) A person sliull not be entitled to be regis- tered or vote for a parliamentary county collet ilueiicy in respect of a qualification in a parliamentary borough constituency. (14) The following- proviso- shall be substituted for the proviso at the end of subsection (2) of section eight : " Nothing in this provision shall prevent a person voting at an election to fill a casual vacancy in a borough coun- cil in any ward for which he is registered." APPLICATION OF ACT TO THE ISLES OF SCILLY. 45. The provisions of this Act shall apply to the Isles of Scilly as if those isles were an administra- tive county, and as if the council of those isles were a county council, and any expenses incurred by the council under this Act shall be paid as general expenses of the council. COMMENCEMENT OF ACT AND FIRST REGISTER. 46. (1) This Act shall come into operation on the passing thereof : Provided that nothing in this Act shall affect (a) any parliamentary register for the time being in force, or any parliamentary elections, or the constitution of the House of Com- mons, until Parliament is first dissolved or ceases to have continuance after the first register to be prepared under this Act comes into force; or (6) any local government register for the time being in force, or any local government elections, until the first register to be pre- pared under this Act comes into force. 9A 100 REPRESENTATION OF THE PEOPLE ACT, 1918. (2) Notwithstanding anything in this Act, the first register to be prepared under this Act shall come into force on, and remain in force until, such date as His Majesty may fix by Order in Council, and His Majesty may by any such Order alter, in connection with the first register, any registration dates, including the dates governing the qualifying period, and direct that this Act shall have effect as so altered. (3) If any difficulty arises as to the preparation of the first register or the holding of the first elec- tions 'after the commencement of this Act, the Local Government Board may by order do any matter or thing which appears to them necessary for the propel preparation of the register or the proper holding of the elections. (4) This section shall apply to any new register to be prepared and to any elections held during the continuance of the present war and a period of twelve months thereafter, as it applies to the first register to be prepared under this Act and to the first elections held after the commencement of this Act, respectively. REPEAL AND SHORT TITLE. 47. (1) The enactments mentioned in the Eight!) Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. (2) This Act may be cited as the Representation of the People Act, 1918. OF TUK TfcOtLfe ".WI", -1*91S. l h i SCHEDULES. FIRST SCHEDULE. [Sections 13 (D.I REGISTRATION RULES. Form o/ Register. SEPARATE PART OF REGISTER FOR EACH REGISTRATION UNIT. 1. The register shall be framed in separate parts for each registration unit in the registration area. The registration unit shall be the parish where the parish is wholly contained in one voting area, and where a parish is contained in more than one voting area, shall be each part of the parish contained in a separate voting area; and for the purposes of this rule the expression ' ' voting area ' ' means any polling district, electoral division, borough, county dis- trict other than a borough, and any ward of a borough, county district, or parish, and any other area for which a separate election at which the register is to be used is held. SEPARATE DIVISIONS FOR PARLIAMENTARY AND LOCAL GOVERNMENT ELECTIONS. 2. The register shall, as respects each registration unit, contain the names of those who are entitled to vote as parliamentary electors and of those who are entitled to vote as local government electors, but shall be framed so as to show in separate divisions the names of those who are entitled to vote both as parliamentary and local government electors, the names of those who are entitled to vote as parliamentary electors but not as local government electors, and the names of those who are entitled to vote as local government electors but not as parliamentary electors. littPllESKN f 'A"! I OS 01' THE PEOPLE ACT. 1018. Where a person whose name is entered as a local govern- ment elector in any registration unit is not entitled to vote in respect of that entry at the local government elections for all the local government electoral areas which comprise that unit, the registration officer shall place a mark against his name, with a note to signify that the person against whose name the mark is placed is entitled to vote only for the local government elections mentioned in the note, and any such note shall be deemed to be part of the register. ABSENT VOTERS LIST. 3. The registration officer shall prepare and add as a supplement to the register a separate list for the whole regis- tration area, or where the area includes more than one con- stituency, for each constituency in the area, of persons entitled to vote as absent voters (in this Act referred to as the absent voters list) without, however, removing the names of those voters from any other part of the register. Every such list shall be made up according to polling districts. REGISTER TO BE MADE UP IN STREET OR ALPHABETICAL ORDER. ( 4. Where the registration unit is situated in a parlia- mentary borough, the names in the register shall be arranged in street order, unless the authority whose clerk the registra- tion officer is or by whom he is appointed considers that, having regard to the general character of the area forming the registration unit, arrangement in street order is in- applicable; and where the registration unit is situated in a parliamentary county, the names in the register shall be arranged in alphabetical order, unless the said authority con- siders that, having regard to the general character of the area forming the registration unit, arrangement in street order is possible and convenient. EFFECT OF REGISTER. 5. The registers for the registration units making up any constituency, so far as they relate to parliamentary electors, shall together form the register of parliametary electors for that constituency, and the registers of the registration units making up any local government electoral area, so far as they relate to local government electors, shall together form the register of local government electors for that area. KKI'HKSKM A I lu.N Q] I III. IT.nn I \< T, I'.'ls. |li;i Dim oi KKCISTKATION OFFICER TO i'Kfcl'AKK AND PUBLISH LISTS. 6. It shall be the duty of the registration officer to cause a house-to-house or other sufficient inquiry to be made, and to prepare or cause to be prepared lists (in this Act referred to as electors lists) for each registration unit within his registra- tion area of all persons appearing to be entitled to be regis- tered as parliamentary or local government electors in the spring and autumn register respectively, and to publish those lists in the form in which the register is to be framed, as respects the lists for the spring register on or before the first day of February, and as respects the lists for the autumn register on or before the first day of August. The registration officer shall at the same time publish a notice specifying the mode in which, and the time within which, claims and objections are to be made under these rules. DUTY OF OVERSEERS TO PREPARE ELECTORS LISTS AND FURNISH INFORMATION IF REQUIRED. 7. The registration officer, where he does not himself per- form the duties of overseers, may require the overseers of any parish which, or any part of which, forms a registration unit within his registration area to make the necessary enquiries and to prepare the electors lists for that unit and publish the lists in the unit on his behalf, and it shall be the duty of the overseers to furnish lists as so required, and also at any time, if required by the registration officer, to furnish that officer with information respecting any persons resident or occupying land or premises in their parish, or the removal of any person from the parish. Any reasonable expenses incurred by the overseers in per- forming any duties required of them in pursuance of this rule (including reasonable remuneration where the duties are performed by an assistant overseer or other paid officer) shall be paid by the registration officer as part of his registration expenses. In this rule the expression " overseers " includes any person for the time being executing any of the duties of overseers. CORRUPT AND ILLEGAL PRACTICES LIST. 8. The registration officer shall publish, together with the electors list, the corrupt and illegal practices list (if any) 104 REPRESENTATION OF THE PEOPLE ACT, 1918. made by liini under section thirty -nine of the Corrupt and Illegal Practices Prevention Act, 1883, or made by or sent to him under section twenty-four of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884. CLAIMS TO BE EEGISTERED. 9. Any person who claims to be entitled to be registered as a parliamentary or local government elector, and who is not entered, or is entered in an incorrect place or manner or with incorrect particulars on the electors lists, may claim to be registered, or to be registered correctly, by sending to the registration officer a claim in the prescribed form not later than the eighteenth day of February where the claim is for the spring register, and the eighteenth day of August where the claim is for the autumn register. FORM OF CLAIM. 10. The form of claim for a person making a claim on his own behalf shall contain a declaration of the qualification of the claimant to be registered, including a declaration that the claimant has attained the required age, and is a British subject, and of the character in which the claimant desires to be registered, that is to say, either as a parliamentary elector, or as a local government elector, or as a local govern- ment elector who is not entitled to vote for all local government elections, and where the claimant claims in respect of a non- residential qualification a declaration of residence, or in case such person has no settled residence, an address to which com- munications may be sent. A note shall also be added to the form warning the claimant that any false declaration for the purpose of this provision will involve a penalty. Where a claim is made on behalf of a claimant by another person, the registration officer shall not enter the name of the claimant on the register, unless the matters required to be stated in the declaration under the foregoing provision are proved to his satisfaction. By rule 32 (a) the registration officer must supply, without fee, forms of claim. PUBLICATION OF LISTS OF CLAIMANTS. 11. It shall be the duty of the registration officer to publish the lists of claimants, as respects the lists for the spring register not later than the twenty-fourth day of February, and as respects the lists for the autumn register not later than the twenty-fourth day of August. (a) Post?. 111. REPRESENTATION OF THE PEOPLE ACT, 1918. 105 OBJECTIONS. 12. Any person whose name appears on the electors lists for a constituency or local government area may object to the registration of any person whose name is included in the electors lists for the constituency or the local government area, as the case may be, by sending notice of objection in the prescribed form to the registration officer not later than the fifteenth day of February in the case of the spring register and the fifteenth day of August in the case of the autumn register, and may object to the registration of any person whose name is included in the list of claimants by sending notice of objection in the prescribed form to the registration officer not later than the seventh day of March in the case of the spring register and the fourth day of September in the case of the autumn register. By rule 32 (b) the registration officer must supply, without fee, forms o objection. NOTICE TO PERSONS AFFECTED BY OBJECTION. 13. The registration officer shall, as soon as practicable after receiving any notice of objection, send a copy of the notice to the person in respect of whose registration the notice of objection is given. PUBLICATION OF OBJECTIONS TO LISTS. 14. It shall be the duty of the registration officer to publish a list of the name of persons to whose registration notice of objection has been given not later than the twenty- first day of February in the case of the spring register and not later than the twenty-first day of August in the case of the autumn register. PUBLICATION OF OBJECTIONS TO CLAIMS. 15. It shall be the duty of the registration officer to publish a list of the names of persons included in the list of claimants to whose registration notice of objection has been given as soon as practicable after the seventh day of March in the case of the spring register and the fourth day of September in the case of the autumn register. ABSENT VOTERS LIST. 16. Any person entitled to be registered as a parlia- mentary elector may, not later than the eighteenth day of (t>) Post p. 111. 106 REPRESENTATION OF THE PEOPLE ACT, 1918. February where the claim is for the spring register, and the eighteenth day of August where the claim is for the autumn register, claim to be placed on the absent voters list; and the registration officer, if satisfied that there is a probability that the claimant, by reason of the nature of his occupation, service, or employment, may be debarred from voting at a poll at parliamentary elections held during the time the register is in force, shall place the claimant (if registered) on the absent voters list. As to voting by absent voters sec section 23 (e). OBLIGATION TO PLACE NAVAL AND MILITARY VOTERS ON ABSENT VOTERS LIST WITHOUT CLAIM. 17. It shall be the duty of the registration officer, without any claim being made for the purpose, to place on the absent voters list any person registered as a naval or military voter, unless (a) that person before the eighteenth day of February as respects the spring register, and the eighteenth day of August as respects the autumn regis- ter, gives notice to the registration officer that he does not desire to be placed upon that list; or (b) that person is registered, in pursuance of a claim for the purpose, for the constituency in which he has an actual residence qualification. INFORMATION TO REGISTRATION OFFICERS. 18. The Admiralty, the Army Council, and the Air Council, either directly or through officers appointed by them, shall in the prescribed manner, furnish to the registration officers in the several constituencies such information as to the names and addresses of Naval and Military voters and such other particulars as may be necessary for the purpose of their registration and of their voting as such, and it shall be the duty of the Local Government Board to render any assistance that may be required by the Admiralty, the Army Council, and the Air Council in conveying such information to the registration officers : Provided that the Admiralty, Army Council, and Air Council shall not be required to supply any particulars which in their declared opinion would interfere with the proper conduct of the war. (e) Ante p. 58. REPRESENTATION OK I Ml 1'EOPLE ACT, IWI l<>? RECORD OF ADDRESSES TO HE KEPT. 19. The m,'istr;jii(in oilurr shall krop ;i ivronl o! any address which may be furnished to him by any person placed on the absent voters list, or by the Admiralty, Army Council, Air Council or Board of Trade, as the address which is to be for the time being the address of the voter for the purpose <>f the provisions relating to voting by absent voters and, as soon as practicable, shall cause instructions to be sent to the voter as to the mode of voting under those provisions. The record of addresses shall be open to inspection under the same conditions that govern the register. I'rt'iHiration of the Iteyister from the Lists. CONSIDERATION OF OBJECTIONS. 20. The registration officer shall, as soon as practicable, consider all objections of which notice has been given to him in accordance with these rules, and for that purpose shall give at least five clear days' notice to the objector and to the person in respect of whose registration the notice of objection has been given, of the time and place at which the objection will be considered by him. CONSIDERATION OF CLAIMS. 21. The registration officer shall also consider all claims of which notice is given to him in accordance with these rules, and in respect of which no notice of objection is given, and, if he considers that the claim may be allowed without further enquiry, shall give notice to the claimant that his claim is allowed. If the registration officer is not satisfied that any such claim can be allowed without enquiry, he shall give at least five clear days' notice to the claimant of the time and place at which the claim will be considered by him. SUPPLEMENTAL POWERS ON CONSIDERATION OF CLAIMS AND OBJECTIONS. 22. If on the consideration of any claim or objection it appears to the registration officer that the claimant, or person in respect of whose name objection is taken, is not entitled to be entered on the register in the character in which he claims to be registered, or in which he is entered on the list, but is entitled to be entered on the register in another character or 108 REPRESENTATION OF THE PEOPLE ACT, 1918. in another place on the register, the registration officer may decide that the name of that person shall be so entered on the register. CORRECTION OF LISTS. 23. The registration officer shall make such additions and corrections in the electors lists (including the absent voters list) as are required in order to carry out his decisions on any objections or claims, and shall also make any such correc- tions in those lists by way of the removal of duplicate entries (subject to any expression of choice by the person affected as to those entries), the expunging of the names of persons who are dead or subject to any legal incapacity, or the placing of marks or the correction of marks placed against the name of an elector, or otherwise as he thinks necessary in order to secure that no person is registered as a parliamentary elector in respect of more than one qualification in the same constituency, or as a local government elector in respect of. more than one qualification (a) in the same borough for the purpose of borough council elections ; or (b) in the same electoral division or ward for the purpose of county council, metropolitan borough council, and urban district council elections ; or (c) in the same parish or ward of a parish for the purpose of rural district council, guardians, or parish elections ; and otherwise make those lists complete and accurate ars a register. VOTING IN DIFFERENT POLLING DISTRICTS. 24. Any person whose name shall appear in the list of parliamentary voters of any registration unit in any county constituency or district of boroughs, and who resides outside the polling district in which he is entitled to be registered, shall be at liberty to make his claim before the registration officer to vote at any other polling place within the same constituency. Any such person shall be admitted to vote at such polling place accordingly. OBJECTIONS TO CORRECTIONS. 25. Where the registration officer makes any correction in the lists (including the absent voters list) otherwise than in pursuance of a claim or objection, or for the purposes of REPRESENTATION OF THE PEOPLE ACT, 1918. KM I correcting a clerical error, he shall give notice to the person affected by the correction, and give that person an opportunity of objecting to the correction, and, if necessary, of being heard with respect thereto. FORMATION OF LISTS INTO REGISTER. 26. The registration officer shall make all the necessary corrections of the lists (including the absent voters list) and do everything necessary to form those lists into a register (with a separate letter and a separate series of numbers for each polling district) in time to allow the publication of the lists so corrected as a register as required by these rules. DUTY TO PUBLISH AND DELIVER COPIES OF THE REGISTER. 27. It shall be the duty of the registration officer to publish the spring register not later than the fifteenth day of April, and the autumn register not later than the fifteenth day of October in each year, by publishing a notice that a copy of the register is open to inspection at his office, and that copies of the part of the register relating to any registra- tion unit are open to inspection during business hours in the registration unit at the place mentioned in the notice. It shall be the duty of the registration officer to keep copies of the register for inspection in his office, and also to arrange for copies of the part of the register relating to any registration unit being kept for inspection in that unit either in the principal post office (if the Postmaster General gives authority for the purpose) or at some other convenient place to which the public have access to be arranged by him. It shall be the duty of the registration officer to transmit a copy of the register, as soon as may be after it is published, to the Local Government Board. DELIVERY OF COPIES OF THE REGISTER. 28. It shall be the duty of the registration officer, on the application of any person during business hours and on pay- ment of the prescribed fee, to furnish copies to the applicant of the register or of so much of the register as relates to any registration unit. Appeals from Registration Officer. NOTICE OF APPEAL. 29. A person desiring to appeal against the decision of a registration officer must give notice of appeal in the prescribed 110 REPRESENTATION OF THE PEOPLE ACT, 1918 form to the registration officer and to the opposite party, if any, when the decision is given or within five days thereafter, specifying the grounds of appeal. The registration officer shall forward any such notices to the county court in manner directed by rules of court together, in each case, with a statement of the material facts which, in his opinion, have been established in the case; and of his decision upon the whole case and on any point which may be specified as a ground of appeal, and shall also furnish to the court any further information which the court may require and which he is able to furnish. An appeal lies to the county court on a question of fact as well as of law (d). APPEALS RELATING TO THE SAME POINT. 30. Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the county court of the fact for the purpose of enabling the county court (if the court thinks fit) to con- solidate the appeals, or select a case as a test case. General. PUBLICATION OF DOCUMENTS. 31. Where the registration officer by these rules is required to publish any document, and no specific provision is made as to the mode of publication, he shall publish the document by making copies of the document available for inspection by the public in his office, and in the chief post office (if the Postmaster General gives authority for the purpose), or some other convenient place in the area forming the registration unit to which the document relates and, if he thinks fit, in any other manner which is, in his opinion, desirable for the purpose of bringing the contents of the document to the notice of those interested. Any document required to be published shall be kept published for the prescribed time. Any failure to publish a document in accordance with these rules shall not invalidate the document, but this pro- vision shall not relieve the registration officer from any penalty for such a failure. If any person without lawful authority destroys, mutilates, defaces or removes any notice published by the registration (d) Section 14 (1) ante p. 47. REPRESENTATION OF THE PEO I' 1,1 ; Y execution of any duties under these rules. The pay- ments shall be made at such times as may be fixed by order of the Local Government Board for Ireland under this schedule, and any sum payable to an overseer under this provision shall be treated for the purposes of this Act as part of the registration expenses of the registra- tion officer on whose requisition the services were per- formed or the expenses were incurred. This provision shall apply to any superintendent registrar of births and deaths or clerk of the union who is not an existing clerk of the union, so far as respects lists or information supplied by him on the requisition of the registration officer in connection with deaths in like manner as it applies to overseers. (7) The reference to the authority whose officer the registration officer is, or by whom he is appointed, shall be construed as a reference to the county borough council in the case of registration units in a county borough, and as a reference to the county council in the case of registration units in an administrative county, and the register for any registration unit in an administrative county shall be arranged alphabetically in townland order if the county council consider that such arrangement is more convenient than arrangement in alphabetical order of names or in street order. (8) Rule 2 of this Schedule shall be construed as if the words " or otherwise to distinguish " were inserted after the words " in separate divisions," and as if the direction as to placing marks against the names of local government electors were omitted. (9) For the direction to the registration officer in Rule 23 of this schedule to secure that no person is regis- tered as a local government elector in respect of more than one qualification in the areas and for the purposes therein specified, there shall be substituted a direction to secure that no person is registered as a local govern- ment elector in respect of more than one qualification in tho same district electoral division or ward. 10A 116 REPRESENTATION OF THE PEOPLE ACT, 1918. section 21 (i).] SECOND SCHEDULE. PART I. MODIFICATIONS OF THE BALLOT ACT, 1872 (FIRST SCHEDULE). The following provisions shall be inserted in the First Schedule to the Ballot Act, 1872, after Kules 2 and 14 respectively, that is to say : " 2A. In an election of members to serve in a new Parliament of the United Kingdom the day fixed by the returning officer for the election shall in all cases be the eighth day after the date of His Majesty's gracious Proclamation declaring the calling of the Parliament." " 14A. In an election of members to serve in a new Parliament of the United Kingdom, the day appointed by the returning officer for the poll shall in all cases be the ninth day after the day fixed for the election." [Section 22 (2). J PART II. QUESTIONS. 1. In the case of a man voting in respect of a residence qualification Have you already voted at this general election in respect of a residence qualification ? 2. In the case of a man voting in respect of a qualification other than a residence qualification Have you already voted at this general election in respect of a qualification other than a residence qualifica- tion ? 3. In the case of a woman voting at an election other than a university election Have you already voted at this general election ? [NOTE. Unless the answer to the question is in the nega- tive, the woman shall not vote unless she satisfies the presiding officer that her previous vote was given at a university election.] DECLARATIONS AT UNIVERSITY ELECTION. (Applicable only at a General Election.) (In the case of a man) " I have not voted at this general election in respect of any qualification other than a residence qualification." (In the case of a woman) " I have not voted at this general election for any other university constituency." REPRESENTATION OF THE PEOPLE ACT, 1918. 117 THIRD SCHEDULE. jsection 23 (*) PROVISIONS AS TO VOTING BY PROXY. 1. A proxy must be appointed by means of a proxy paper issued to the elector, or to some person on behalf of the elector, or to the person appointed as proxy, by the registra- tion officer of the constituency in which the elector is regis- tered, on an application made or authorised by the elector in accordance with regulations under this Act. 2. After a proxy paper for any constituency has been issued in accordance with this Act, the elector shall, unless the proxy paper is cancelled in accordance with this Act, (a) be entitled to vote by proxy in that constituency ; and (b) be prohibited from voting otherwise than by proxy in that constituency; until the time for which the proxy paper is in force has expired. 3. It shall be the duty of the registration officer, on any application for a proxy paper, to issue a proxy paper to the applicant, or to some person on his behalf, or to the person appointed as proxy, if he is satisfied that the applicant is registered on the parliamentary register of electors for the constituency in respect of which the application is made, and is, at the time of the application, entitled to appoint a proxy. 4. A proxy paper shall remain in force only so long as the parliamentary register of electors which is in force at the time the proxy paper is issued remains in force : Provided that a proxy paper issued during the continuance of the present war, or a period of twelve months thereafter, shall remain in force until the termination of that period, so long as the elector continues to be registered and the proxy paper is not cancelled. 5. A person shall not be appointed as proxy under this Act, unless the person appointed is the wife, husband, parent, brother, or sister of the elector, or is registered as a parlia- mentary elector for the constituency or one of the con- stituencies in which the elector is registered : Provided that the brother or sister shall not be capable of being appointed proxy unless of full age. 6. An elector shall not appoint more than one person *as proxy to vote on his behalf in the same constituency, and in any case not more than two persons. 118 ItEPRESENTATION OF THE PEOPLE ACT, 1918. 7. A person shall not vote as proxy on behalf of more than two absent voters at an election in any constituency unless that person is voting as the husband or wife or the parent, brother, or sister of the absent voter. 8. A registration officer shall keep a list of absent voters entitled to vote by proxy in any constituency within his area, and of the persons entitled to vote as proxies, and that list shall be open to inspection during business hours at some convenient place named by the registration officer in the constituency. A registration officer shall, on the application of any person, allow that person to take extracts from, or, on payment of the prescribed fee, supply to that person copies of the list. 9. The Ballot Act, 1872, and any other Act regulating the holding of parliamentary elections, including any provisions imposing penalties in connection with voting at those elec- tions, shall apply to persons voting as proxies in pursuance of this Act as they apply to voters, however described in those Acts, with such modifications as may be prescribed for the purpose of adapting the provisions of those Acts to voting by proxy ; and any provisions of those Acte imposing penalties for offences in connection with ballot papers or the official mark on a ballot paper may be applied by those regulations to proxy papers and any official mark on a proxy paper. 10. If any person (a) who is for the time being entitled to vote by proxy in a constituency under this Act, himself votes or attempts to vote at any parliamentary election in that constituency otherwise than by means of the proxy paper, while the proxy paper is in force ; or (b) votes or attempts to vote as proxy on behalf of more than two absent voters at an election in any con- stituency unless that person is voting as the husband or wife or the parent, brother, or sister of the absent voter ; or (c) votes or attempts to vote at any election under the authority of a proxy paper when he knows or has reasonable grounds for supposing that the proxy paper has been cancelled, or that the elector to whom or on whose behalf the proxy paper has been issued is dead or no longer entitled to vote at that election; that person shall be guilty of an illegal practice other than personation within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883, and the expression " illegal KM'KKsKNTATION OF THE 1'EOPLE ACT, lyis. ll!) practice" shall be construed accordingly: Provided that the court before whom a person is convicted under this section may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by section ten of the Corrupt and Illegal Practices Prevention Act, 1883. 1 1 . A ballot paper shall not be delivered- to a person who claims to vote as proxy for the purpose of so voting unless he produces the proxy paper to the presiding officer at the polling station, and such questions may be asked of any person at a parliamentary election who claims to vote as proxy for any elector (in addition to those already authorised to be asked) as may be prescribed. 12. Stamp duty shall not be chargeable on any proxy paper under this Act. 13. A proxy paper may be cancelled by an elector by giving notice to the registration officer in the prescribed form. 14. A notice cancelling a proxy paper shall not take effect as respects any election unless it is received by the registration officer before the day of nomination. 15. In the application of this schedule to Scotland the expression " the registration officer of the constituency in which the elector is registered " means " the registration officer of the registration area in which the elector is registered." FOURTH SCHEDULE. [Sectioll w(I)- PROVISIONS TO BE SUBSTITUTED FOR PART IV. OF THE FIRST SCHEDULE TO 46 & 47 VICT. c. 51, AND FOR PARAGRAPH (3) OF PART V. OF THE SAME SCHEDULE. Maximum Scale. The expenses mentioned above in Parts I., II., and III. of this schdule, other than personal expenses and the fee, if any, paid to the election agent (not exceeding in the case of a county election seventy-five pounds, and of a borough election fifty pounds, without reckoning for the purposes of that limit- any part of the fee which may have been included in the expenses first above mentioned) shall not exceed an amount equal in the case of a county election, to sevenpence for each elector on the register; in the case of an election for a borough, to fivepence for each elector on the register. 120 HEPKESENTATION OF THE PEOPLE ACT, 1918. Where there are two or more joint candidates at an election, the maximum amount of expenses mentioned in Parts III. and IV. of this schedule shall, for each of the joint candidates, be the amount produced by multiplying a single candidate's maximum by one-and-a-half and dividing the result by the number of joint candidates. section 36(i).] FIFTH SCHEDULE. PART I. PROVISIONS AS TO UNIVERSITY ELECTIONS OTHER THAN SCOTTISH UNIVERSITY ELECTIONS. Returning Officer. 1. The returning officer shall be (a) in the case of the Oxford, Cambridge, and London University constituencies respectively the Vice- Chancellor of the university; (1>) in the case of the Dublin University Constituency, the Provost of Trinity College; and (c) in the case of the combined English university con- stituency, the Vice-Chancellor, Principal, or Corre- sponding Officer of such university, being one of the combined universities as may be from time to time appointed by the Board of Education for that purpose ; (d) in the case of the constituency of the University of Wales, the Vice-Chancellor of the University; and the writ for any election of a member or members for Parliament for a university constituency shall be directed to the returning officer of that constituency. 2. It shall be the duty of the returning officer to make all arrangements for the election, including arrangements for the nomination of candidates, and the poll and counting of votes, and to certify the result of the election in pursuance of the writ. Nomination. 3. The nomination shall take place on such day and at such time and place as may be fixed by the returning officer, being not less than four days and not more than twelve days UKI'KKSKN 1 AT1ON OF THE PEOPLE ACT, 1918. 121 after the receipt of the writ, and the returning officer shall give public notice of the day, time, and place so fixed within two days after he receives the writ. 4. The candidate must be nominated in writing by two electors as proposer and seconder and by eight other electors as assenting to the nomination, and his nomination must be delivered to the returning officer by some elector. 5. If, at the expiration of the time fixed for nomination, no more candidates are nominated than there are vacancies to be filled up, the returning officer shall declare the candidates who stand nominated to be elected and certify the result of the election accordingly. 6. If, at the expiration of the time fixed for nomination, more candidates stand nominated than there are vacancies to be filled up, the returning officer shall arrange for a poll to be taken. 7. A candidate may be withdrawn in manner provided by regulations made under this Act, and if, owing to the with- drawal of a candidate after nomination, a poll becomes un- necessary, the returning officer shall countermand the poll and declare any candidate elected whose nomination remains standing. 8. If one of the candidates nominated dies after he has been nominated and before the commencement of the poll, the returning officer shall countermand the poll and other pro- ceedings for the election and commence the same again as if the writ had been received by him on the day on which he is satisfied of the fact that the death took place. No fresh nomination shall be required in the case of a candidate who stood nominated at the time the poll was countermanded. Poll. 9. The poll shall remain open for five days, and shall take place on such days as may be fixed by the returning officer commencing not more than twelve and not less than three clear days after the day of nomination. 10. The returning officer shall appoint such polling places as appear to him to allow reasonable facilities for voting, and may give special directions that certain electors shall be allotted to certain polling places. 122 KEl'KESENTATION OF THE PEOPLE ACT, 1918. 11. An elector may vote at a poll by the delivery of a voting paper (signed by the voter at any time subsequent to the nomination) in the form appended to this part of this schedule or in a form to the same effect and accompanied with a like declaration, or, unless the returning officer directs to the contrary, in person, and may so vote at any polling place if he has not been allotted to any polling place, or, if he has been so allotted, at any polling place to which he has been so allotted. The returning officer may give a special direction that votes shall not be .given in person at the election, or that votes may be given in person on certain days of the poll only. 12. A voting paper may be delivered at a polling place on behalf of the voter by an elector, or by being sent to the presiding officer at the polling place by post, and any voting paper received by a presiding officer at a polling place at which the elector may vote before the close of the poll shall be counted, unless rejected as invalid. Voting papers may also be sent to the returning officer by post, and any voting papers so received by the returning officer shall be sent by him to the proper presiding officer. 13. The poll shall be open for such time between the hours of 8 a.m. in the morning and 8 p.m. in the evening, not being less than four hours, as the returning officer may direct, except that, if votes in person are received, but are not received on all the days of the poll, six hours shall be sub- stituted for four as respects the days on which votes are so received as the minimum time under this provision. 14. The returning officer shall give public notice of the days and hours of poll and of the polling places appointed, and of any special directions given by him as to the days or hours of poll, or the allotment of electors to certain polling places, or as to voting in person. 15. The returning officer shall appoint a presiding officer for every polling place at which he does not act as a presid- ing officer himself and the presiding officer shall have general control over the arrangements for voting at the polling place and shall record the votes of electors voting in person and receive voting papers. 16. Each candidate may appoint a person to be the can- didate's representative at each polling place, and a can- didate's representative may object to any voting paper received at the polling place or to the vote of any person KKI'KKSK.N I A T1O.N Ol l\\l: I'KOl'LK ACT, I'.MS. i ,'> claiming to vote in person at that place, and the presiding officer shall submit any such objection to the returning officer for decision. 17. The returning officer shall decide on the validity of any voting paper to which objection is taken, or on the right of any person to vote in person, if that right is questioned, and the decision of the returning officer, if the voting paper or the .right to vote is allowed, shall be final, but, if the voting paper or the right to vote is disallowed, shall be subject to reversal on any proceeding questioning the election or return. 18. The register kept in pursuance of this Act shall be conclusive as to the right of any person to vote at the poll; but this provision shall not entitle any person to vote if that person is subject to any legal incapacity. A person shall not be entitled to be placed on the register as a graduate until the university authorities are satisfied that the grant of the degree is complete. Counting of Votes. 19. After the poll is closed all voting papers received at any polling place and a record of votes (if any) given by electors in person shall be placed in a proper receptacle and sealed up and delivered to the returning officer, and the returning officer shall, as soon as practicable after the receipt of the votes from all the polling places, count the votes and publish the result. 20. The voting papers counted, and the record of votes (if any) given by electors in person and any papers which have been rejected as invalid and a list of persons (if any) who have tendered their votes in person but who have not been allowed to vote, shall be placed in separate packets, and shall be kept by the returning officer for a period of twelve months after the close of the poll. 21. The returning officer shall give notice to the can- didates of the time and place for counting the votes, and shall permit any candidate and a representative authorised by the candidate for the purpose to be present at the count. No person other than the returning officer, his assistants and clerks, and the candidates and representatives so authorised shall be entitled to be present at the count except with the sanction of the returning officer. 124 ItEPKESENTATION OF THE PEOPLE ACT, 1918. 22. Where an equality of votes is found to exist between any candidates on a final count and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer whether an elector or not may give a deciding vote, but the returning officer shall not be entitled to vote at the election in any other case. Special Provisions for a Combined University Constituency. 23. In a combined university constituency the Vice- Chancellor, or the person performing the duties of a Vice- Chancellor, at each university forming the combination, shall, for the purpose of making arrangements for the poll and the holding of the poll, have at the university the powers and perform the duties of the returning officer (in- cluding the power and duty of deciding upon the validity of voting papers and the right of a person to vote). 24. Arrangements may be made for counting votes at an election for a combined university constituency at each of the universities forming the combination, if the transferable vote is not used at that election, and for a record of the votes counted at each university being sent to the returning officer for the combined constituency in order that he may ascertain and declare the result of -the election. General. 25. The returning officer shall appoint such deputies and clerks as he may think necessary for the proper holding of the election, and shall supply a form of voting paper to any elector applying for such a form, and shall supply forms of nomination papers. The governing body of the University may designate an officer of the University to act temporarily as returning officer in the event of a vacancy in the office of returning officer or in the event of his incapacity to appoint a deputy. 26. Any expenses reasonably incurred by the returning officer in connection with the arrangements for a university election and the conduct thereof shall be repaid to the return- ing officer by the University. In the case of a combined University constituency any such expenses incurred by the Vice-Chancellor or correspond- ing officer of each University shall be paid by the Uni- versity whose Vice-Chancellor or officer has incurred the expenses, and any other such expenses shall be paid in equal shares by the Universities forming the combination. REPRESENTATION <)l HIE PEOPLE ACT, 1918. 1 'Jo In the case of a combined University constituency any candidate's deposit which is forfeited to the University shall be retained by, or paid to, the University whose Vice- Chancellor or other officer is the returning officer of the combined constituency and applied by that University in the payment of the expenses which are under this provision to be paid in equal sharse by the Universities forming the combination. 27. A voting paper shall be deemed to be a public docu- ment within the meaning of subsection (3) of section four of the Forgery Act, 1913, and section five of the Perjury Act, 1911, applies to any declaration or statement made in the voting paper. 28. A voting paper shall not be liable to stamp duty. 29. If any person, for the purpose of enabling an elector to vote at a university election, corruptly pays on his behalf any fees which the elector is required to pay in order to be registered or entitled to vote, he shall be guilty of an illegal practice within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883, and that Act shall apply accordingly. 30. In reckoning time for the purpose of the provisions in this Schedule, Sunday, Christmas Day, Good Friday, and any day set apart as a bank or public holiday or day of public fast or public thanksgiving shall be excluded ; and where any- thing is required by these provisions to be done on any day falls to be done on any such day that thing may be done on the next day not being one of any such days. 31. If regulations are made under this Act as to the manner in which public notice is to be given under the provisions of this Schedule, public notice shall be given in manner directed under any such regulations for the time being in force, and if no such regulations are in force shall be given in such manner as the Returning Officer considers best fitted for giving notice to the persons concerned. 32. An election shall not be declared invalid by reason of non-compliance with these provisions if it appears to the tribunal cognisant of the case that the election was con- ducted in accordance with the principle of these provisions and that the non-compliance with these provisions did not affect tlio result of the election. 126 REPRESENTATION OF THE PEOPLE ACT, 1918. Form of Voting Paper. I, A.B. (here give the elector's name in full, with his university degree and college, if any), give my vote as indicated below : ^'Candidates. Order of Preference. A B C D I declare that I have signed no other voting paper and have not voted in person at this election for the university constituency of fl also declare (In the case of a man) that I have not voted at this general election in respect of any qualification other than a residence qualification ; (In the case of a woman) that I have not voted at this general election for any other university con- stituency. Signed A.B. Address The day of 19 . I declare that this voting paper (the voting paper having been previously filled in), was signed in my presence by A.B. who is personally known to me, on the day of 19 . Signed C.D. Address PART II. PROVISIONS AS TO SCOTTISH UNIVERSITY ELECTIONS. Returning Officer. 1. The returning officer for the combined Scottish Uni- versity constituency shall be the Vice-Chancellor of the University of Edinburgh, to whom the writ for any election * This form will require modification where the transferal )-e vote is not used at the election. t This declaration is to be marie only at a general election. i.'!:n;r.s I:\T.\TION 01- THK PEOPLE ACT, 1918. 127 of a member or members of Parliament for that constituency shall be directed. 2. It shall be the duty of the returning officer to make all arrangements for the election, including arrangements for the nomination of candidates, and (where a poll is necessary) for the poll and counting of votes, and to certify the result of the election in pursuance of the writ. 3. The returning officer shall give notice to the candidates of the days fixed for the poll and of the time and place for counting the votes, and any candidate and an agent appointed by any candidate for the purpose may be present at the poll and the count. No person other than the returning officer, his assistants and clerks, and the candidates and their agents shall be entitled to be present at the count except with the sanction of the returning officer. Nomination. 4. The nomination shall take place on such day and at such time and place as may be fixed by the returning officer, being not less than four days and not more than eight days after the receipt of the writ, and the returning officer shall give public notice of the day, time, and place so fixed within three days after he receives the writ. 5. The candidate must be nominated in writing by two electors as proposer and seconder and by eight other electors as assenting to the nomination, and his nomination must be delivered to the returning officer by some elector. 6. If, at the expiration of the time fixed for nomination, no more candidates are nominated than there are vacancies to be filled up, the returning officer shall declare the can- didates who stand nominated to be elected and certify the result of the election accordingly. 7. If, at the expiration of the time fixed for nomination more candidates stand nominated than there are vacancies to be filled up, the returning officer shall arrange for a poll to be taken. 8. A candidate may be withdrawn in manner provided by regulations made under this Act, and if, owing to the with- drawal of a candidate after nomination, a poll becomes un- necessary, the returning officer shall countermand the poll and declare any candidate elected whose nomination remains standing. 128 REPRESENTATION OF THE PEOPLE ACT, 1918. 9. If one of the candidates nominated dies after he has been nominated and before the commencement of the poll, the returning officer shall countermand the poll and other proceedings for the election and commence the same again as if the writ had been received by him on the day on which he is satisfied of the fact that the death took place. No fresh nomination shall be required in the case of a candidate who stood nominated at the time the poll was countermanded. Poll. 10. The poll shall remain open for not less than four days nor more than six days, and shall take place on such days as may be fixed by the returning officer, commencing not more than twenty and riot less than twelve clear days after the day of nomination. 1 1 . The poll at each University shall be open at such place and for such time each day between the hours of 8 a.m. and 8 p.m., not being less than four hours, as the Vice-Chancellor of the University may direct. t 12. The Vice-Chancellor of each University shall give public notice of the days and hours of poll and of the polling place appointed. 13. The Vice-Chancellbr of each University shall at the University act as presiding officer and shall have general control over the arrangements for the conduct of the poll at such University. 14. No person other than the Vice-Chancellor, the registrar, their assistants and clerks, and the candidates and their agents shall be entitled to be present at the poll except with the sanction of the Vice-Chancellor. 15. The Vice-Chancellor of each University shall as regards the voting papers relating to such University decide on the validity of any voting paper to which objection is taken, or on the right of any person to vote, and the decision of the Vice-Chancellor, if the voting paper or the right to vote is allowed, shall be final, but, if the voting paper or the right to vote is disallowed, shall be subject to reversal on any proceeding questioning the election or return. 16. The register kept in pursuance of this Act by the University Court shall be conclusive as to the right of any person to vote at the poll; but this provision shall not entitle REPRESENTATION OF THE PEOPLE ACT, 1918. any person to vote if that person is subject to any legal incapacity. 17. Votes shall be given by means of, voting papers, and no elector shall be allowed to vote in person, or in any other way than is herein provided. Each voting paper shall be in the form (A) appended to this Schedule. Each voting paper shall have a number printed or written on the back thereof, and shall have attached a counterfoil with the same number printed or written on the face. Before a voting paper is issued to an elector as hereinafter provided, it shall be marked with an official mark, either stamped or perforated, and the number of such elector, as stated on the register shall be marked on the counterfoil, and a mark shall be placed in the register or any copy thereof used for the purposes of the election against the number of the elector to denote that a voting paper has been issued to him. 18. The registrar of each University, as soon as he con- veniently can after the day of nomination, and not later than eight clear days thereafter, shall issue through the post a voting paper, in the form (A) appended to this schedule to each elector to his address as entered on the register who shall appear from said address to be resident within the United Kingdom or the Channel Islands; and such voting paper (the Christian name, surname, designation, and residence of the elector as appearing on the register having previously been filled in by the registrar, or some one having his authority), contained in an envelope marked on the outside as sent by the registrar of the University, shall be accompanied by a letter of intimation in the form (B) appended to this schedule, and by a stamped envelope addressed to the registrar, for the return of the said voting paper; and each elector, upon receipt of his voting paper, if he desires to vote in the election, shall record his vote thereon, and the place and date of signature, and affix his subscription thereto, in the presence of one witness, who shall personally know the elector, and who shall attest the fact of such voting paper having been signed by the elector in his presence at the place therein mentioned, by signing his name at the foot thereof and adding his designation and place of residence in the form or to the effect set forth in form (A) appended to this schedule. 19. Thereafter the voting paper so signed and attested as aforesaid, shall, if the elector desires to vote in the election, be returned through the post to the registrar of the University by whom it was issued, so as to reach him not later than the time specified in the said letter of in- 11 130 REPRESENTATION OF THE PEOPLE ACT, 1918. timation for the return of the voting paper. Each voting paper, when received back by the registrar shall be kept by him unopened in a fireproof safe, or other place of safety, until the poll begins. 20. If an elector, before or after he has received a voting paper, shall intimate or cause to be intimated in writing to the registrar that he is incapacitated from blindness or other physical cause to vote in the manner prescribed by this Act, it shall be lawful for the registrar, on getting back the voting paper from the elector, if such has been issued, to issue to the elector so incapacitated a voting paper in the form or to the effect set forth in form (C) appended to this schedule; and on said voting paper being received by the elector, it shall be competent for him to record his vote by the hand of a justice of the peace in the manner therein directed; and the said justice of peace shall certify and attest the fact of his having been requested and authorised by the elector to sign said voting paper for him, and of its having been so signed by him in the presence of the elector by sign- ing an attestation in the form (C) aforesaid ; and such voting paper, when received by the registrar, shall have the same effect and be similarly dealt with as a voting paper signed by an elector in the form (A) appended to this schedule. 21. An elector who has not received a voting paper sent by post as aforesaid to his address as appearing on the register, or who has before re-delivery thereof to the regis- trar, inadvertently spoilt his voting paper in such manner that it cannot be conveniently used as a voting paper, or who has lost his voting paper, may, on his transmitting to the registrar a declaration signed by himself before a justice of the peace setting forth the fact of the non-receipt, the inadvertent spoiling, or the loss of the voting paper, require the registrar to send him a new voting paper in place of the Dne not received, or spoilt, or lost; and in case the voting paper has been spoilt, the spoilt voting paper shall be returned to the registrar, and when received by him shall be immediately cancelled, and in every case where a new voting paper is issued a mark shall be placed opposite the number of the elector's name on the register, to denote that a new voting paper has been issued in place of the one not received, or spoilt, or lost. 22. An elector who does not appear from his address as entered on the register to be resident within the United Kingdom or the Channel Islands, may apply in writing to REPRESENTATION OF THE PEOPLE ACT, 1918. 1 >\ 1 the registrar to send a voting paper to him to an address within the United Kingdom or the Channel Islands. 23. The registrar, upon receiving an application in terms of either of the two preceding provisions hereof at any time before the day on which the poll begins, shall forthwith transmit a new voting paper, or a voting paper, as the case may be, to the address as appearing on the register, or to the address within the United Kingdom or Channel Islands as the case may be : Provided that the registrar shall open all letters coming addressed to him from the Dead Letter Office after the date of his issuing the voting papers, in order to ascertain and make public the names and addresses of the electors whose voting papers have not reached them, which he shall do by exhibiting publicly at his office in the University as they reach him a list of the names and addresses of the electors whose letters have been returned to him from the Dead Letter Office, for the information of all concerned. 24. When the poll begins, the voting papers shall be opened and examined by the registrar in the presence of the Vice-Chancellor and any candidate or agent of a candidate who may attend, and the voting papers found to be marked with the official mark and the number on the back as appear- ing on the counterfoil, and otherwise regular, shall be put apart until the end of the poll. Any voting 'paper which has not the official mark and the number on the back as appearing on the counterfoil, or which is in the opinion of the Vice-Chancellor otherwise invalid, shall not be counted as a vote in the election, but shall be sealed up in a paper apart, marked on the back thereof with the words "voting papers received but disallowed," and initialled by the Vice- Chancellor. 25. It shall be lawful for any candidate or the agent of any candidate who may be in attendance at the poll, to inspect any voting paper and to object to it on one or more of the following grounds: (1) That the elector named in the voting paper has already voted at that election : (2) That the person giving a vote by the voting paper is not qualified to vote: (3) That the voting paper is forged or falsified : (4) That the voting paper is wanting in any of the essential conditions required by this Act: 132 REPRESENTATION OF THE PEOPLE ACT, 1918.. Provided, that in case the objection offered to any voting paper shall be that it is forged or falsified, such voting paper shall not on that ground alone be disallowed by the Vice- Chancellor, but he shall write upon it, " objected to as forged," or, " objected to as falsified," together with the name of the person making such objection. 26. No voting paper shall be counted which does not reach the registrar before ten of the clock on the morning of the day on which the poll closes. Counting of Votes. 27. After the poll is closed all voting papers received at any polling place shall be placed in a proper receptacle and sealed up and delivered to the returning officer, and the returning officer shall, as soon as practicable after the receipt of the votes from all the polling places, count the votes and publish the result. 28. Where an equality of votes is found to exist between any candidates on a final count and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer may give a deciding vote, but the returning officer shall not be entitled to vote at the election in any other case. General. 29. Arrangements may be made for counting votes at an election for the combined university constituency at each of the universities forming the combination, if the transferable vote is not used at that election, and for a record of the votes counted at each University being sent to the returning officer for the combined constituency in order that he may ascertain and declare the result of the election. 30. The returning officer shall appoint such deputies and clerks as he may think necessary for the proper holding of the election, and shall supply forms of nomination papers. 31. All voting papers received and counted at an elec- tion, and the counterfoils thereof, as well as any voting papers disallowed for informality, or on any other ground, and the counterfoils thereof, shall be filed, and, along with any copy of the register used for the purposes of said elec- tion, shall be kept by the returning officer for a period of twelve months after the closing of the poll. REPRESENTATION OF THE PEOPLE ACT, 1918. 133 32. Any person falsely or fraudulently signing any voting paper in the name of any other person, either as a voter or as a witness, and every person signing, certifying, attesting, or transmitting as genuine any false or falsified voting paper, knowing the same to be false or falsified, or with fraudulent intent altering, defacing, destroying, with- holding, or obstructing any voting paper, shall be guilty of a crime and offence, and shall be punishable by fine or im- prisonment for a term not exceeding one year. 33. No such voting paper as hereinbefore mentioned shall be liable to any stamp duty. 34. Any expenses reasonably incurred by the Vice- Chancellor of each University in connection with the arrange- ments for an election shall be repaid to him by that University : Provided that any expenses so incurred by the returning officer in connection with the nomination and the counting of votes shall be paid in equal shares by the four Universities forming the constituency. 35. If any person, for the purpose of enabling any other person to vote at a university election, corruptly pays on his behalf any fees which such other person is required to pay in order -to be registered or entitled to vote, he shall be guilty of an illegal practice within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883, and that Act shall apply accordingly. 36. In reckoning time for the purpose of the provisions in this Schedule, Sunday, Christmas Day, and any day set apart as a bank or public holiday or public fast or public thanksgiving shall be excluded ; and where anything required by these provisions to be done on any day falls to be done on any such day it may be done on the next day not being one of any such days. 37. If regulations are made under this Act as to the manner in which public notice is to be given under the provisions of this Schedule, public notice shall be given in manner directed under any such regulations for the time being in force, and if no such regulations are in force shall be given in such manner as the returning officer or the Vice- Chancellor as the case may be, considers best fitted for giving notice to the persons concerned. 38. An election shall not be declared invalid by reason of non-compliance with these provisions if it appears to the tribunal having jurisdiction that the election was conducted 134 REPRESENTATION OF THE PEOPLE ACT, 1918. in accordance with the principle of these provisions and that the non-compliance with these provisions did not affect the result of the election. 39. Where the Vice-Chan cellor\ or registrar of any Uni- versity is absent, or is incapacitated by illness for discharging any duty required of him by this Act, or if the office of Vice- Chancellor or of registrar shall be vacant, the duties by this Act imposed on the Vice-Chancellor or registrar respectively shall be discharged by a person appointed for that purpose by the University Court of such University; and such person shall in that respect, but in no other, act for the time as and be deemed to be Vice-Chancellor or registrar of such Uni- versity. FORM A. UNIVERSITY OF (Name of University) VOTING PAPER. No. (number of elector as on the register). I, A.B. (here give the elector's name in full and his designation), give my vote as indicated below : *Candidates. Order of Preference. A B c x D * This form will require modification where the transferable vote is not used at the election. I declare that I have signed no other voting paper at this election for the combined university constituency of the Uni- versity of St. Andrews, the University of Glasgow, the University of Aberdeen, and the University of Edinburgh. * I also declare (In the case of a man) that I have not voted at this general election in respect of any qualification other than a residence qualification; * This declaration is to be made only at a general election. REPRESENTATION OF THE PEOPLE ACT, 1918. 135 (In the case of a woman) that I have not voted at this general election for any other university constituency. Signed A.B. Address The day of 19 I declare that this voting paper (the vote having been previously recorded thereon), was signed in my presence by A.B., who is personally known to me, on the day of 19 Signed C.D. Designation Address FORM B. UNIVERSITY OF (Name of University). REGISTRAR'S LETTER. No. (number of elector as on the register). Persons Nominated. Proposed by Seconded by A B C D Name of Proposer. Do. Do. Do. Name of Seconder. Do. Do. Do. SIR, I have to intimate that the above-named persons have been nominated for the office of member of Parliament. Along with this letter you will receive a voting paper, and, should you desire to vote at this election, I have to request that you will record your vote thereon and the place and date of your signing, and having signed your name thereto in presence of one witness, who will also sign his name as directed, you will return the voting paper by post to me at the University of , so as to reach me on or before 10 a.m. of (insert the day on which the poll finally closes) . I am, ) Being entitled " to "to be made," and the words "In either of those cases"; sections thirty-two and thirty-three ; subsection (3) of sec- tion forty-two ; section forty- four ; paragraphs (1) to (7) of section forty- five ; sections forty-six to forty-nine ; in subsection (2) of section fifty- one the words " or vote in more than one ward " ; sections sixty- three, seventy-one, and seventy-six, sub- sections (I) and (3) of section two hundred and nine, section two hundred and forty-four, Part I. of the Third Schedule, in mle four of Part 1L of the Third Schedule, the words " or entered in the separate " non-i esident list required by this " Act to be made," Part IV. of the Third Schedule, rule one < f Part II. of the Fifth Schedule so far as respects expenses incurred in rela- tion to the enrolment of burgesses, und Forms C to G. in Part IT. of the Eighth Schedule. 12 146 REPRESENTATION OF THE PEOPLE ACT, 1918. I ENACTMENTS REPEALED continued. ' Session and Chapter. Title or Short Title. Extent of Repeal. 46 & 47 Viet, c. 51. The Corrupt and Illegal Practices Prevention Act, 1883. 47 & 48 Viet. c. 35. 47 & 48 Viet, c. 70. 48 & 49 Viet, e. 3. 48 & 49Vict. c. 9. 48 & 49 Viet. c. 15. 48 & 49 Viet. c. 16. 48 & 49 Viet, c. 17. 48 & 49 Viet. c. 23. The County of Dublin Jurors' an< wand Bromley South Poplar. St. Marylebone Metropolitan borough of St. One ... __ Marylebone. St. Pancras ... Metropolitan borough of St. Three ... North. Pancras. South East. South West. Shoreditch ... Metropolitan borough of Shore- One ... ditch. South wark ... Metropolitan borough of South- Three ... Central. wark. North. South East. Stepney Metropolitan borough of Stepney Three ... Limehouse. Mile End. Whitechapel and St. George's. Stoke Newing- Metropolitan borough of Stoke One . . . ton. Newington. Wands worth ... Metropolitan borough of Wands- Five ... Balliam and Toot- worth. ing. Central. Clapham. Putney. Streatham. Westminster ... Metropolitan borough of West- Two ... Abbey. minster. St. George's. Woolwich Metropolitan borough of Wool- Two ... East. wich. West. (2) ENGLAND, EXCLUDING LONDON AND MONMOUTHSHIRE. Accrington Ashton-under- Lync. Municipal borough of Accring- ton and urban districts of Church, Clayton -le-Moor, Os- waldtwistle and Rishton. Municipal borough of Ashton- under-Lyne and urban district of Hurst. One On> REPRESENTATION OF THE PEOPLE ACT, 1918. PARLIAMENTARY BOROUGHS. (2) ENGLAND, EXCLUDING LONDON AND MONMOUTHSHIRE continued. Name of Parliamentary Borough. Contents of Parliamentary Borough. Total Number of Members for Parlia- mentary Borough. Names of Divisions of Parliamentary Borough. Barnsley County borough of Barnsley and One ... urban districts of Ardsley, Darton and Monk Bretton. Barrow-in- County borough of Barrow-in One . . . Furuess. Furness. Bath County borough of Bath One ... Batley and Municipal boroughs of Batley One ... Morley and Morley and Ossett. Birkenhead . . . County borough of Birkenhead... Two ... East. West. Birmingham ... County borough of Birmingham Twelve Aston. Deri tend. Duddestcu Edgbaston. Erdington. Handsworth. - King's Norton. Ladywood. Moseley. Sparkbrook. WestBirm in g b am i Yardley. Blackburn County borough of Blackburn ... Two ... Blackpool County borough of Blackpool, One ... urban districts of Bispham with Norhreck, Lytham and St. Anne's-on-the-Sea, and the part of the civil parish of Carleton which in pursuance of the Blackpool Improvement Act, 1917, becomes part of the i county borough of Blackpool on 1st April, 1918. Bolton County borough of Bolton Two . . . Bootle County borough of Bootle One ... Bournemouth.. '. County borough of Bourne- One ... mouth. Bradford Cou' ty borough of Bradford ... Four . . . Central. East. North. South. Brighton County borough of Brighton and Two ... municipal borough of Hove. . REl'KKSE.Vl AT10.N OF T11E PEOPLE ACT, 1U18. 16;* PARLIAMENTARY BOROUGHS. (2) ENGLAND, EXCLUDING LONDON AND MONMOUTHSHIRE continuttl. Name of Parliamentary Borough. Contents of Parliamentary Borough. Total Number of Members for Parlia- mentary Borough. Names of Divisions of Parliamentary Borough. Bristol County borough of Bristol Five ... Central. East. North. 8oth. West. Bromley Municipal borough of Bromley One ... and urban districts of Becken- ham and Penge. t Burnley County borough of Burnley One ... Bury County borough of Bury and One ... urban district of Tottington. Cambridge Municipal borough of Cambridge One ... Carlisle Cheltenham ... County borough of Carlisle Municipal borough of Chelten- One ... One ... ham and urban district of Charlton Kings. Coventry County borough of Coventry ... One ... Croydon County borough of Croydon . . . Two ... North. South. Darlington ... County borough of Darlington One ... Derby County borough of Derby Two ... Dewsbury County borough of Dewsbury .<. One ... Dudley Coxinty borough of Dudley and One ... civil parish of Dudley Castle * Hill. Kaling East Ham Municipal borough of Ealing ... County borough of East Ham ... One ... Two . . . North. South. Fccles Municipal borough of Ecclos and One ... urban district of Swinton and Pendlebury. Edmonton Urban district of Edmonton ..: One ... Exeter County borough of Exeter, in- cluding Exeter Castle Yard One ... and Devon County Prison and Constabulary Barracks. Gateshead County borough of Gateshead . . . One Gloucester Great Yarmouth County borough of Gloucester ... ; One County borough of Great Yar- One ... mouth. Grimsby County borough of Grimsby and urban district of Cleethorpes. One ... Halifax County borough of Halifax One ... ~ 154 REPRESENTATION OF THE PEOPLE ACT, 1918. PARLIAMENTARY BOROUGHS. (2) ENGLAND, EXCLUDING LONDON AND MONMOUTHSHIRE continued. Name of Parliamentary Borough. Contents of Parliamentary Borough. Total Number of Members for Parlia- mentary Borough. Names of Divisions of Parliamentary Borough. The Hartlepools County borough of West Hartle- One ... pool and municipal borough of Hartlepool. Hastings Hornsey Huddergfield ... County borough of Hastings . . . Municipal borough of Hornsey... County borough of Hudderfefield One ... One ... One ... Hythe Municipal boroughs of Hythe and One ... Folkestone, the urban district of Cheriton and so much of the urban district of Sandgate as is not comprised in the municipal borough of Folkestone. Ilford Urban district of Ilford One ... Ipswich Kingston -upon- County borough of Ipswich County borough of Kingston- One ... Four . . . Central. Hull. upon-Hull.~ East. North West. South West. Kingston-upon- Municipal borough of Kingston - One ... Thames. upon-Thames and urban dis- tricts of Surbiton, and The Maidens and Coombe. Leeds ... County borough of Leeds Six ... Central. North. North East. South. South East. West. Leicester County borough of Leicester . . . Three ... East. South. West. Leigh Municipal borough of Leigh and One ... urban districts of Atherton and Tyldesley-with-Shakeriey. Leyton Urban district of Leyton Two ... East. West. Lincoln County borough of Lincoln and One ... Lirerpool urban district of Bracebridge. County borough of Liverpool . . . Eleven East Toxteth Edge Hill. Everton. Exchange Fairfield. Kirkdale. KT.PIM-.M-.M \IIUN OF THE 1'EOl'LE ACT, 1918. 155 PARLIAMENTARY BOROUGHS. (2) ENGLAND, EXCLUDING LONDON AND MONMOUTHSHIRE continued. Name of Parliamentary Borough. Contents of Parliamentary Borough . Total Number of Members for Parlia- mentary Borough. Names of Divisions of Parliamentary Borough. Liverpool Scotland. contd. Walton. Wavertrce. West Derby. West Toxteth. Manchester . . . County borough of Manchester Ten Ardwick. Blackley. Clayton. Exchange. Gorton. . Hulme. Moss Side. Platting. Rusholmc. Withington. Middlesbrough County borough of Middles- Two ... East. brough. West. Morpeth Municipal borough of Morpeth, One ... urban districts of Ashington, Bedlingtonshire and Blyth, and civil parishes of Heps- cott, Morpeth, Castle, New- minster and Tranwell. Nelson and Colne Municipal boroughs of Colne and One ... Nelson, urban districts of Barrowford, Brierfield and Trawden, and the detached part of the civil parish of Q Foulridge which is bounded on the north, west, and south by the municipal borough of Colne. Newcastle-under- Lyme. Municipal borough of Newcastle- under-Lyme and urban dis- One ... -- tricts of Audley and Wolstan- ton United. Newcastle-upon- Tyne. County borough of Newcastle- upon-Tyne. Four ... Central East. North. West. Northampton ... Norwich County borough of Northampton County borough of Norwich . . . One ... Two ... 156 REPRESENTATION OF THE PEOPLE ACT. 1918. PARLIAMENTARY BOROUGHS. (2) ENGLAND, EXCLUDING LONDON AND MONMOUTHSHIRE continued. Name of Parliamentary Borough. Contents of Parliamentary Borough. Total Number of Members for Parlia- mentary Borough. Names of Divisions of Parliamentary Borough. Nottingham . . . ^County borough of Nottingham Four ... Central. East. South. West. Oldham Oxford Plymouth County borough of Oldham County borough of Oxford County borough of Plymouth ... Two ... One ... Three ... Drake. Devonport. Sutton. Portsmouth ... County borough of Portsmouth Three ... Central. North. South. Preston County borough of Preston and Two ... urban districts of Fulwood. Beading Richmond County borough of Reading Muncipal borough of Richmond One ... One ... and urban districts of Barnes and Ham. Rochdale Rochester County borough of Rochdale ... Municipal boroughs of Chatham, Gillingham and Rochester. One ... Two ... Gillingham. Chatham. Rossendale Muncipal boroughs of Bacup, One ... Haslingden anl Rawtenstall. Rotherham County borough of Rotherham, One ... and urban districts of Greas- brough and Rawmarsh. St. Helen's Salford County borough of St. Helen's County borough of Salford One ... Three ... North. South. P West, Sheffield County borough of Sheffield ... Seven ... Attercliffe. Brightside. Central. Ecclesall. Hallam. Hillsborough. Park. Smethwick ... County borough of Smethwick. One ... . Southampton ... County borough of Southamp- Two ... ton, urban district of Itchen, and civil parish of Bitterne. Southend-on- County borough of Southend-on- One ... Sea. Sea. RKPRESENTATION OF THE PEOPLE ACT, 1918. 157 PARLIAMENTARY BOROUGHS. (2) ENGLAND, EXCLUDING LONDON AND MONMOUTHSHIRE contin m . . . 17, 47 consolidation of 16,110 in Scotland 79 in Ireland 92 ARMY COUNCIL to furnish information to registration officer 14, 106, 107 15A 182 INDEX. AUTUMN PAGE register . . . . ' . . . 11, 26, 103 list of voters for, register 103, 109 publication of, register 109 BALLOT paper for absent voter . . . . 7, 58, 117 BIRTH CERTIFICATE at reduced fee 112 BOARD OF TRADE to furnish addresses of absent voters .... 107 BOROUGH a registration area . . . 45, 101 registration officer of . . . . 11, 45 BRITISH SUBJECT declaration that voter is . . . . .112 BUSINESS PREMISES qualification . . ... . . . 1, 25, 32 yearly value of 32 joint occupation of . . . . . . 3, 39 BYE-ELECTION day for nomination and poll . , . 18, 56 CANDIDATE for Parliament, expenses of . . 19-21, 28, 69, 70 death of . . 57, 63 deposit by 19, 28, 62 free postage for . . ." . . . 20, 28, 70 expenses incurred by unauthorised persons for . 21, 29, 70 CHAIRMAN of council, when returning officer ... 64, 65 CLAIMS time for, to be sent in . . . . .13,27,104 form of . ' .104 publication of list of 27, 104 consideration of 14, 27, 107 registration officer to supply forms of . . .111 may be sent to registration officer by post . .111 counsel may not appear on hearing of . . . 112 INDKX. COMPENSATION PAGE to assistant overseers 52 CONSCIENTIOUS OBJECTION to military service a disqualification . . . .10,41 CONSTITUENCY definition of . .76 returning officer in Scottish ..... 87 division into polling districts 67 Ireland ... 97 Scotland ... 89 CORRUPT AND ILLEGAL PRACTICES disqualification for 10, 43 publication of list of 103 offences committed outside the United Kingdom . 74 COST see Expenses. COUNSEL may not appear on claims or objections . . .112 COUNTY joint occupation of business premises in . . . 3, 3S registration area 45 registration officer in 45 COUNTY COUNCIL clerk of, registration officer 45 expenses of election to be paid to . . .50 COUNTY COURT appeal to . . . - . . . . 16, 28, 47 registration officer to forward notice of appeal to .110 consolidation of appeals in 16,110 appeal from, to Court of Appeal . . . . 16, 47 assistant Judge of, to hear appeals ... 16, 48 taxation of expenses of returning officer by . 65, 66 COURT OF APPEAL appeal to . 16, 47 DAY- all polls on one . . . . . . 17,56,116 for nominations 17, 56 DEATH of candidate 57, 63 184 INDEX. DEPOSIT PAGE by Parliamentary candidate . . . . 19, 28, 62 forfeiture of . . . . . . . 19,63 DESCRIPTION inaccurate, not to prejudice . . .113 DISQUALIFICATION poor relief no 10, 41 for registration as voter . . . .10, 41-43 payment by candidate, when not .... 43 conscientious objection to military service a . 10, 41-43 of husband, not to affect wife 43 DWELLING HOUSE defined 77,82,84 ELECTION expenses of candidates at . . . 19-21, 28, 69, 70 polling at general 17, 56, 116 nomination at . . . . . . . 17, 56 place of 69 telegraphic information of writ at . . .56 questions to be asked of voter at election . . .116 deposit by candidates, at . . . . . 19, 28, 62 returning officer at 19, 20, 65 voting at university 72, 121 ELECTORAL AREA register of voters in Parliamentary .... 101 register of voters in Local Government . . . 101 defined 76 ELECTORS Parliamentary 1-3, 25, 31, 32 Local Government . , . . . 4, 26, 33 University . 1, 2, 3, 25, 33 lists, registration officer to prepare . . . .103 correction of lists ....... 108 employed by returning officer, voting by . . .61 EVIDENCE registration officer may require, on oath . . 15, 112 INDEX. 185 EXPENSES PAGE of registration officer 15, 49-51 of returning officer 20, 65 of Parliamentary candidates . . 19-21,28,69,70 incurred by unauthorised persons ... 21, 70 of overseers . 103 FISHERMAN may vote by proxy 8, 60 FORFEITURE of deposit . 19, 63 FORM of claim 104,111 of notice of objection ^ 105,111 of appeal from registration officer .... 109 FRANCHISE Parliamentary, for men . . . . 1, 25, 31, 32 for women . . . . 3, 25, 34 University 1,25,33,34 Local Government 4, 5, 26, 33, 34 Scotland 80 GENERAL ELECTION all polls on one day 17, 56, 1 16 penalty for voting more often than allowed . . 57 deposit by candidates at 19, 28, 62 who may be returning officer at . . .19, 20, 65 defined . . .76 HOUSEHOLDER registration officer may require information from . Ill IDIOTS disqualification of . . . . 10, 43 INFANTS disqualification of 10, 43 INSPECTION of register 109 186 INDEX. IRELAND PAGE application of Act to .91 application of registration rules to . . . 113 special adaptation of Acts for 140 overseers in 96 registration officer in 93 registration expenses in . . . . .94 division of constituency into polling districts . . 97 qualifying period in 98 register in . . . . . . . .98 JOINT OCCUPATION of business premises 3, 39 JUDGE assistant, to hear appeals . . . . . 16,48 LAW appeal from registration officer on question of fact and 48 LISTS of absent voters 8, 59, 102, 105 of electors 103 of claims 27, 104 correction of . . , , . . . .108 LlVEllYMKX separate list of 51 LOCAL AUTHORITY to make arrangements for polling districts . . 67, 75 qualification for membership of . . . . .44 LOCAL GOVERNMENT franchise . . . . . . 4, 5, 26, 33, 34 qualifying period 4, 26, 38 electoral area 76 elector, separate division in register for . . . 101 franchise in Scotland 80 INDEX. 187 L7 7~> 10, 41 190 INDEX. POSTAGE PAGE free for Parliamentary candidates . . . 20, 28, 70 POST OFFICE inspection of register at ...... 109 PREMISES business, qualification for . . ... 1, 25, 32 PRISON inmate not " resident " in . . . .77 PROPORTIONAL REPRESENTATION at University election 18, 54 defined . . . 54,77 PROXY voting by 8, 59, 117 who may be appointed as . . . . .117 PUBLICATION of register 109 of documents by registration officer . . . .110 of corrupt and illegal practices list . . . .103 QUALIFICATION residence 1, 25, 32 business premises 1, 25, 32 university . . 1, 25, 33 for membership, of councillor 44 by successive occupation 2, 32 QUALIFYING period for Parliamentary franchise ... 26, 38 Local Government franchise . . 26, 38 in Ireland ...... 98 QUESTIONS to be asked of voters . . ... . . 116 BATES disqualification for non-payment of . . . 10, 43 BED CROSS SOCIETY provisions for persons serving 7, 37 INDEX. 191 REDISTRIBUTION PAGE of seats , . 149 for universities 169 for Ireland 171 REGISTER spring and autumn II, 26,103 failure to compile fresh 46, 100 compilation of . . . . . . 11, 46 when next, conies into force ..... 100 power of Local Government Board in ca^e of difficulty in preparing first ...... 100 separate for each registration unit .... 101 separate divisions for Parliamentary and Local Government electors ...... 101 how to be made up . . . . . 102 separate list of liverymen in . . . .51 publication of 109 inspection of 109 copies to be furnished on payment .... 109 for university . . . . . . . 17, 53 in Scotland 84-86, 88, 89 in Ireland .98 REGISTRATION AREA meaning of 11, 45, 50 in Scotland 85 REGISTRATION OFFICER who is 11,45,50,51 duties of 11, 46, 101 neglect or refusal of, to perform duties ... 46 rules for 101 appeals from 16, 28, 47 notice to, of result of appeals . . . . 47, 48 to be party to appeals 48 expenses of ......... 49-51 in Scotland 86 in Ireland 94-96 in urban districts . ... 50, 51 in London , ... 51 as acting Returning Officer 66 192 INDEX EEGISTRATION OFFICER continued PAGE to prepare list of absent voters . . . 8, 59, 102, 105 to prepare electors lists . . . . . .103 to give notice of time for claims and objections 14, 27, 107 to publish corrupt and illegal practices list . . 103 to give notice to person objected to . . . 105 consideration of objections by . . 14, 27, 107 consideration of claims by . . . . 14, 27, 107 to correct lists ] 08 to publish register . . . . . . . 109 to transmit register to Local Government Board . 109 to furnish copies of register on payment . . .109 to forward notices of appeal to County Court . .110 mode of publication of documents by . . . .110 to supply forms of claims, etc _ 111 may require information from householders . .111 may require declaration of age and nationality . 15, 112 may require evidence on oath 112 in Scotland 85 in Ireland . 93 REGISTRATION RULES reckoning time under 113 application to Scotland . . . . . .113 Ireland 113 REPEAL of statutes 141 RESIDENCE qualification 1, 25, 32 RETURNING OFFICER expenses of 20, 65 casting vote by . 58 to provide ballot paper for absent voter . . .58 who may be 64 scale of charges for 65 acting ; . 66 as candidate for Parliament . . . . .67 vote by electors employed by . . 9, 61 in Scotland . 87 for Scottish constituencies in more than one shcriffdom 140 at university . . . . . . . 120, 126 I NDKX. 193 ST. JOHN AMBULANCE ASSOCIATION PAGE provisions for persons serving . . . . 7, 37 SCALE of charges for returning officer . .... 65 of election expenses .... 19-21, 28, 69, 70 SCILLY ISLES application of Act to 23, 99 SCHOOLS use of, for public meeting . . . . 21, 62 SCOTLAND application of Act to 78 application of registration rules to .... 113 special adaptation of Acts for 138 returning officer in 87 returning officer at university in . . . .126 election at university in 126 returning officers for constituencies in more than one sheriff doni 140 local government franchise in 80 female franchise in 82-84 registration officer in 87 registration expenses in 86 division into polling districts 89 SEAMAN may vote by proxy 8, 59, 117 SHERIFF when returning officer 64 SPRING register 11, 26, 103 list of voters for, register 103, 109 publication of, register 109 STATUTES repealed ......... 141 SUCCESSIVE occupation for residence or business qualification . 2, 32 TAXATION of expenses of returning officer . . . 20, 65 court for, of ditto 66 TELEGRAPH information of issue of writ bv . 56 194 INDEX. TIME PAGK for preparing electors lists . . . 12, 27, 103 for claims to be sent in .... 13, 27, 104 for objections to be sent in ... 14,- 27, 105 for claiming as absent voter . . . 13, 27, 105 notice of time for hearing objections . . 14, 27, 107 claims . .14, 27, 107 for publication of registers ... 15, 28, 109 for appeal from registration officer . . 1f>, 28, 109 reckoning of, under registration rules . . .113 TOWN CLERK as registration officer . . . . 11 , 45, 5 1 UNIT registration 101 separate register for each 101 UNIVERSITY franchise (male) 1, 25, 33 (female) 3,25,34 election, declarations by voters at . . 126, 134 proportional representation at, election . . 18, 54 redistribution of seats for ,169 constituency defined . . . . . . .76 register for .... 17, 53 voting paper at 126, 134 returning officer at 120, 126 nomination at ....... 120, 127 poll at 121, 128 counting of votes at 123,132 provisionsas to elections at Scottish . . . .126 URBAN DISTRICT registration officer of . . . . . . 11, 50, 51 VOTE right of registered person to . . . 8, 40 one, for residence qualification 9, 40 one, in addition to one for residence ... . 9, 40 right to, not prejudiced by appeal . . . 17,47 by proxy . ..... 8, 59, 117 by returning officer 58 how recorded at university elections . . 72, 121, 128 counting of, at university . . . . . 123, 132 INDEX. 195 VOTE continued PAOR on principle of proportional representation . 1 8, " 1 by elector employed by returning officer . . .9, 61 suspension of counting 7, 59, 60 VOTER disqualification of 10, 41-43 number of votes for each . . . . 8, 9, 40 penalty for voting more often than allowed . . 57 questions to be asked of 116 ballot paper for absent . ... . 7, 58 y 117 list of absent 8, 59, 102, 105 time for absent, to make claim .... 105, 106 WAR provisions for persons serving in . . 6, 7, 36, 37 WARD voting in, at Local Government election . . it, 10 WOMEN Parliamentary franchise of .... 3, 25, 34 Local Government franchise of . . . .5, 26, 34 University franchise of 3, 25, 34 declaration as to age by 15,112 not more than two votes . . . . ^. ( ->, 26, 40 not affected by disqualification of husband . . 43 franchise of, in Scotland ..... 82-84 WORKHOUSE inmate not " resident "in 77 WRIT telegraphing information of issue of . . . . 56 YEARLY VALUE of business premises 32 defined 77 in Scotland 79 in Ireland >S ZETLAND polling in . .88 THE LAW OF AGRICULTURAL HOLDINGS. v,\ SYLVAIN MAYER, K.C. (B.A. (Lond.), Ph.D.) SIXTH EDITION. In Cloth, 7s. 6d. net. Post free, 8s. "THIS EDITION comprises The Agricultural Holdings Acts, 1908, 1 1913 and 1914, fully annotated with all the decided cases. Precedents of Agreements for Lease with full details, precedents of all forms and notices necessary in proceedings for the recovery of compensation in accordance with the New Act, together with the Board of Agriculture and Fisheries Rules and Forms and the County Court Rules and Forms, will be found in the Appendix. WATERLOW & SONS LIMITED, LONDON WALL, LONDON, E.C. OVERDUE. LD 2 l-100m-7,'39(402s) 416329 UNIVERSITY OF CALIFORNIA LIBRARY