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VOTING PAPERS AT UNIVERSITY ELECTIONS *. An Act to provide that Votes at Elections for the Universities may be recorded by means of Voting Papers, 24 & 25 Vic. cap. 53.
[1st August, 1861.) 1. It shall be lawful for such Electors, in lieu of attending to vote in person, to nominate any other elector or electors of the same University, competent to make the declaration hereinafter mentioned, to deliver for them at the poll voting papers containing their votes, as by this Act provided. Every such voting paper shall bear date subsequently to notice given by the returning officer of the day for proceeding to election, and shall contain the name or names of the candidate or candidates thereby voted for, and the name or names of the elector or electors authorised on behalf of the voter to tender such voting paper at the poll, and shall be according to the form or to the effect prescribed in the schedule to this Act annexed. Such voting paper, the aforesaid date and names being previously filled in, shall, on any day subsequent to notice given by the returning officer of the day for proceeding to election, be signed by the voter in the presence of a Justice of the Peace for the county or borough in which such voter shall be then residing; and the said Justice shall certify and attest the fact of such voting paper having been so his presence, by signing at the foot thereof a certificate of attestation in the form or to the effect prescribed in the said schedule, with his name and address in full, and shall state his quality as a Justice of the Peace for such county or borough.
2. The voting paper, signed and certified as aforesaid, may be delivered to the Vice-Chancellor of the University for which the election is held, or to any Pro Vice-Chancellor appointed by him, or, in the case of the University of Dublin, to the Provost of Trinity College, or to any person lawfully deputed to act for him, at any one of the appointed polling places, during the appointed hours of polling, by any one of the persons therein nominated in that behalf, who shall, on tendering such voting paper at the poll, read out the same; and the said Vice-Chancellor, Pro Vice-Chancellor, Provost, or Deputy shall receive the voting papers as the same shall be delivered, and shall cause the votes thereby given, or such of them as may not appear to be contrary to the provisions of this Act, to be recorded in the manner heretofore used, in all respects as if such votes had been given by the electors attending in person; and all votes so recorded shall have the same validity and effect as if they had been duly given by the voters in person : Provided always, that no person shall be entitled to sign or vote by more than one voting paper at any election, and that no voting paper containing the names of more candidates than there are Burgesses to be elected at such election sball be received or recorded ; Provided also, that no voting paper shall be received or recorded unless the person tendering the same shall make the following declaration t, which he shall sign at the foot or back thereof: Provided also, that no voting paper shall be so received and recorded if
• By “The Representation of the People Act, 1867,” s. 45, the provisions of this Act also apply to any election of a member for the University of London; and by Act 81 and 32 Victoriæ, cap. 48. s. 39, this Act also applies to the election of members for the Universities of Scotland.
+ Repealed, see page 218.
the voter signing the same shall have already voted in person at the same eleetion : Provided also, that every such elector shall be entitled to vote in person, notwithstanding that he has duly signed and transmitted a voting paper to another elector, if such voting paper has not been already tendered at the poll.
3. It shall be lawful for any person now by law or custom authorised on behalf of any candidate to object to votes to inspect any voting paper tendered at the poll before the same shall be received or recorded, and to object to it on one or more of the following grounds : 1. That the person on whose behalf the voting paper is tendered is
not qualified to vote : 2. That the person tendering the voting paper is not duly qualified in
that behalf : 3. That the person in whose behalf the voting paper is tendered has
already voted at that election in person or by voting paper: 4. That the voting paper bears date anterior to notice given by the
returning officer of the day for proceeding to election: 5. That the voting paper is forged or falsified: And the returning officer, his deputy or assessor, or any officer having by
custom power to decide objections in respect of votes tendered by voters attending the poll in person, shall have power to put questions to the person tendering such voting paper, and to reject, receive, and record, or receive and record as objected to or protested against, any votes tendered by voting papers: Provided, that in case the objection offered to any voting paper shall be that it is forged or falsified, such returning or other officer shall receive and record such voting paper, having previously written upon it, “ Objected to as forged,” or “ Objected to as falsified,” together with the name of the person making such objection.
4. All voting papers received and recorded at such election, as well as any voting papers rejected for informality or on any other ground, shall be filed and kept by the officer entrusted with the care of the poll books or other documents relating to the said election; and any person shall be allowed to examine such voting papers at all reasonable times, and to take copies thereof, upon payment of a fee of one shilling.
0. No such voting paper as hereinbefore mentioned shall be liable to any stamp duty.
SCHEDULE.—UNIVERSITY ELECTION, 18 I A.B. [the Christian and Surnames of the Elector in full, his College or Hall, if any, and his Degree or Academical Rank or Office, if any, to be here inserted], do hereby declare, that I have signed no other voting paper at this election, and do hereby give my vote at this election for And I nominate C.D.
G.H. or one of them, to deliver this voting paper at the poll. Witness my Hand this
18 (Signed) A.B. of (the Elector's Place of Residence to be here inserted].
Signed in my presence by the said A.B. who is personally known to me, on the above-mentioned
the namo [of names] of
as the Candidate (or Candidates) voted for having been previously filled in. (Signed) 2.M. of [the Witness's Place of Residence to be here inserted). THE UNIVERSITIES ELECTIONS ACT, 1868. 31 & 32 VICT. c. 65. An Act to amend the Law relating to the use of Voting Papers in Elections for the Universities.
a Justice of the Peace for
31st July, 1868. WHEREAS by an Act passed in the session holden in the twenty-fourth and twenty-fifth years of the Reign of Her present Majesty, chapter fiftythree, intituled An Act to provide that Votes at Elections for the Universities may be recorded by means of voting papers, it is provided that at the Elections for burgesses to serve in Parliament for the Universities of Oxford, Cambridge, and Dublin Votes may be given by means of voting papers; but it is by the said Act provided that no Voting Paper shall be received or recorded unless the person tendering the same shall make the following Declaration, which he shall sign at the foot or Back thereof:
“ I solemnly declare that I am personally acquainted with A.B. (the Voter], and I verily believe that this is the paper by which be intends to vote, pursuant to the provisions of the Universities Election Act."
And whereas by virtue of the Representation of the People Act, 1867, the said first-mentioned Act applies to every election of a member for the University of London.
And whereas it is expedient to amend the said first-mentioned Act so far as respects the said recited declaration:
Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
I. From and after the passing of this Act the said recited form of declaration shall not be required, and there shall be substituted in place thereof the form of declaration following; that is to say,
“ I solemnly declare that I verily believe that this is the paper by which A.B. (the voter] intends to vote pursuant to the provisions of the • Universities Election Acts 1861 and 1868.'”
II. The second section of the said first-mentioned Act shall, in reference to the university of London, be construed as if the words ' in the manner heretofore used' were omitted therefrom.
III. A voting paper for the election of any burgess or member to serve in Parliament for any universities or university in respect of which the provisions of the said first-mentioned Act may for the time being be in force, may be signed by a voter being in one of the Channel Islands in the presence of the following officers ; that is to say, 1. In Jersey and Guernsey, of the Bailiffs or any Lieutenant Bailiff,
Jurat, or Juge d'Instruction. 2. In Alderney, of the Judge of Alderney, or any Jurat. 3. In Sark, of the seneschal or deputy seneschal.
And for the purpose of certifying and attesting the signature of such voting paper, each of the said officers shall have all the powers of a justice of the peace under the first-mentioned Act, and a statement of the official quality of such officer shall be a sufficient statement of quality in pursuance of the provisions of the said Act.
IV. This Act may be cited for all purposes as “ The Universities Elections Act, 1868,” and the said first-mentioned Act and this Act may be cited together as “The University Election Act, 1861 and 1868.”
DECISIONS OF THE COURT OF COMMON PLEAS
ON REGISTRATION APPEALS.
Reference to Reports of Cases:-
Revising Barristers, by ARTHUR BARROW, of the Inner Temple,
Esq., and Thomas JAMES ARNOLD, of Lincoln's Inn, Esq.
Common Pleas, on Appeal from the decisions of Revising Bar-
Temple, Barrister-at-Law. Vols. I and II.
Reports, by D. D. KEANE and JAMES GRANT, Esqrs., Barristers
at-Law. Vol. I. H. & P.—Registration Cases continued by C. H. Hopwood and
F. A. PHILBRICK, Esq. Vol. I.
I. ON THE QUALIFICATION OF COUNTY ELECTORS.
Partnership Shares in Freehold. Several persons joined in a partnership, to carry on trade in a fulling mill. Money was subscribed by all the partners, with part of which freehold land was bought, which was conveyed to trustees; with the other part, a mill was built on this land, and machinery for the mill was purchased. By a partnership deed, executed by the trustees and all the partners, the trusts of the land, mill, &c. were declared to be (among others), that the trustees should stand seised and possessed of all the estates, property, goods, &c. upon trust, for the benefit of themselves and their partners, as part of their partnership joint stock in trade. There was a provision in the deed, that the trustees might borrow money, upon mortgage of the stock, property, estate, &c. belonging to the copartnership, and it was declared that the land, mill, &c. should be deemed and considered as, or in the nature of, personal estate, and not real estate, and be held in trust for the partners, as part of their partnership stock in trade. The trustees had, under the power of the deed, borrowed money, for the purposes of the partnership, for which they had given bonds and notes, in their own names, not having mortgaged any part of the partnership property. Held, That each partner bad an interest in realty, and having an amount of shares sufficient for the purpose, was entitled to vote for the county. Held also, That the money, borrowed by the trustees, had not the effect of mortgages on the shares of the part
Baxter, Appellant, Newman, Respondent; B. & A. p. 493.-LUT. Vol. I. p. 287.
Shareholders in Incorporated Joint Stock Companies. Shareholders in Joint Stock Companies incorporated under the Joint Stock Companies' Acts, have no freehold estate, legal or equitable, in any lands held by the Corporation to entitle them to vote in counties. Bulmer and Norris. K. & G. p. 321.
Individual Corporators. So also individual corporators of a Corporation at common law which is seised in fee simple of freehold lands, are not entitled to be registered in respect of their interests or shares in the profits of the Company. Acland and Lewis. K. & G. p. 334.
Unincorporated Joint Stock Companies. Whether shareholders in an Unincorporated Company, possessing and using land as an instrument of profit, have such an interest therein as to entitle them to be registered, depends upon the form of their deed. If under the deed they take only an interest in the joint stock and net profits, the land being held by trustees and managed by a committee, they have not such an estate at law or in equity as to entitle them to vote. Bennett and Blain. H. & P. vol. I. p. 35.
Multiplication of Voices- The Splitting Act. 7th and 8th William III., cap. 25. “ All conveyances of any mes. suages, lands, tenements, or hereditaments, in any county, city, borough, &c. in order to multiply voices, or to split and divide the interest in any houses or lands among several persons, to enable them to vote at elections of Members to serve in Parliament, are hereby declared to be void and of none effect; and that no more than one single voice shall be admitted for one and the same house or tenement."
To render a conveyance void under the above statute, the seller mast be party or privy to the illegal object intended by the conveyance. Marshall and Bown. LUT. J. p. 278. B. & A. p. 445.
A bonâ fide purchase of land, for a valuable consideration, is not void, though the object of the vendees is to multiplr voices, and that is known to the agent of the vendor, but not to the vendor himself. Hoyland and Bremner. Lur. 1. p. 381. B. & A. p. 611.
A conveyance, made in completion of a bona fide contract of sale, where the money is paid and possession given, there being no secret reservation or trust for the benefit of the vendor, is not within the statute, though the object of both vendor and vendees was the multiplication of voices. Alexander and Newman. Lot. I. p. 404. B. & A. p. 657.
Nor a bona fide conveyance, from father to son, made “in consideration of natural love and affection.” Neuton and Hargreaves. LUT. I. p. 424. B. & A. p. 690.
Whether there has been fraud in fact in making a conveyance, in order to multiply voices, is a question for the determination of the Revising Barrister. Newton and Overseers of Mobberly. LUT. I p. 427. B. & A.
Freehold Benefices. The perpetual curate of St. Andrew's, Bethnal Green, claimed to vote in respect of his freehold benefice. The Ecclesiastical Commissioners paid £.150 a year, and the governors of Queen Anne's Bounty also paid £.50 a year out of £.475 charged on the tithes of St. Andrew, Undershaft,