courts to September inclusive and the last day of October inclusive in the then current year, and shall, ten days at the least before the holding of the first court of revision, give notice to the clerk of the peace of the several times and places at give not which the said courts will be holden, and of the several parishes the lists of the time and for which will be revised at each of the said courts; and the said clerk of places o holding the peace shall forthwith cause public notice thereof to be given by advertisement in one or more of the newspapers circulating within the said county, and of the pu shall cause a sufficient number of copies of the said notice to be written or notice th printed, and shall deliver or send a copy thereof to the overseers of every by adver parish or township, and require them to publish the said copy of the said notice, the overs and to attend at the court therein appointed for the revision of the list of voters relating to their said parish or township, and the said overseers shall forthwith publish the said copy of the said notice accordingly. who is to ment, an Coun Cities Borot hold cour town clerk same, XXXIII. AND be it enacted, that the barrister or barristers appointed to Barrister revise the lists of voters for any city or borough shall hold an open court or revising t courts for that purpose within such city or borough, and also within every lists of vo for borou place sharing in the election for such city or borough, between the fifteenth and give day of September inclusive and the last day of October inclusive in the then thereof to current year, and such barrister or barristers shall, seven days at the least who is to before holding any such court or courts, give notice to the town clerk of such publish th city or borough of the time and place of holding the same; and if such barrister shall, in his discretion, deem it expedient to hold his courts at different times and places within the said city or borough, the said barrister shall in such case give notice to the said town clerk of such times and places so appointed, and of the parishes allotted to each court; and the town clerk shall forthwith publish a notice of the time and place of the holding of every such court as aforesaid on the town hall, and on every church and chapel within such city or borough, or, if there be no church or chapel or town hall therein, then in some public and conspicuous place therein. XXXIV. AND be it enacted, that the clerk of the peace of every county, at the opening of the first court to be so holden as aforesaid in and for the same county, shall deliver or cause to be delivered to the said barrister or barristers all the lists of voters for the then current year, with the marginal additions as aforesaid, and lists of persons objected to in the said year, relating to the said county, and also one or more printed copies of the register of voters then in force for the said county; and the overseers of every parish and township shall attend the court to be holden for revising the lists relating to their parish or township, and shall deliver to the barrister or barristers holding such court the original notices of claim and notices of objection given to them as aforesaid; and the said clerk of the peace and overseers shall (if required) answer upon oath all such questions as such barrister or barristers may put to them, and produce all documents, papers, and writings in their possession, custody, or power touching any matter herein mentioned. In countie clerks of t peace to a the first ec and oversc to attend t respective courts for districts an parishes, a produce lis of voters, registers, claims and notices of objections, and answe questions a ments, &c. produce do and Londo secondaries XXXV. AND be it enacted, that the town clerk of every city or borough, In borough and the several overseers for the time being of every parish or township town clerk therein, and in the city of London the secondaries and the clerks of the several overseers, livery companies of such city, shall attend the first court to be holden before and clerks every such barrister for every such city or borough, unless they shall have companies, been respectively required by notice to attend at some other court, in which courts, to I attend the case they shall attend the said court as required; and the said overseers, town clerks, and secondaries respectively shall, at the opening of the said court, deliver to the said barrister the several lists so made by them respectively as aforesaid, and also the original notices of claim and of objection received by them as aforesaid; and the said overseers shall also produce at the said court all rates made for the relief of the poor of their respective parishes or townships between the sixth day of April in the year then last past and the last day of July in the then present year; and the said town clerks, overseers, secondaries, and clerks respectively shall answer upon oath all such questions as any such barrister may put to them or any of them, and produce all documents, papers, and writings in their possession, custody, or power, touching any matter necessary for revising the list of voters; and every such barrister shall require attend- have power to require any assessor, collector of taxes, or other officer having Power to barrister to ance over seer of past year, and assessor and collector, &c. of taxes, who shall answer the custody of any tax assessment or duplicate, or any overseer or overseers of a past year, or other person having the custody of any poor rate of the then current or any past year, or any relieving officer, and in the city of London the chamberlain or his deputy, to attend before him at any court to be holden by him in pursuance of this Act, and they shall attend accordingly, and answer upon oath all such questions as such barrister may put to them. upon outh all questions put to them. Counties, Cities, and Boroughs. duce lists, notices, and rates, and answer questions, &c. XXXVI. AND be it enacted, that any person whose name shall appear in the list of voters of any parish or township in and for any county, and whose to the polling district place of abode, as stated in such list, shall not be within the polling district at parish wherein which the said parish or township shall be allotted to poll, but within the County voters residing out of the their qualifica- same county, shall be at liberty to make his claim before the revising barrister tion is situate belongs may be to vote at the polling place of the district wherein his said place of abode may be situate; and any person whose name shall appear in any list as aforesaid, polling district, and whose place of abode, as stated in such list, shall not be within the same registered to vote in another on making a claim before the revising barrister. county, shall be at liberty in like manner to make his claim to vote at the polling place of any district within the same county; and every such person shall make his claim in writing under his hand, and such claim shall be delivered to and verified before the revising barrister holding his court for the revision of the list of voters in which the name of such person shall appear as aforesaid, and it shall then be lawful for the said barrister to insert in the said list, against the name of such person so claiming as aforesaid, the name of the polling place at which such person shall be registered to vote; and such person so registered shall be admitted to vote at every contested election for the said county at the said last-mentioned polling place, and not elsewhere, any thing in the said recited Act to the contrary notwithstanding. Barrister to have power to insert in the county lists the names of claimants overseers, on omitted by the proof of claim and qualification. Power of barrister to insert names of claimants XXXVII. AND be it enacted, that if any person who shall have given to the overseers of any parish or township due notice of his claim to have his name inserted in the list of persons entitled to vote in the election of a knight or knights of the shire shall have been omitted by such overseers from such list, it shall be lawful for the revising barrister, upon the revision of such list, to insert therein the name of the person so omitted, in case it shall be proved to the satisfaction of such barrister that such person gave due notice of such his claim to the said overseers, and that he was entitled on the last day of July then next preceding to be inserted in the said list of voters. XXXVIII. AND be it enacted, that the revising barrister shall insert in any list of voters for any city or borough the name of every person omitted who shall be proved to the satisfaction of such barrister to have given due notice of his claim to be inserted in such list, and to have been entitled on the last day of July then next preceding to have his name inserted therein in respect of the qualification described in such notice of claim. Count Cities, Boroug in lists of borough voters. Any perso notice to r XXXIX. AND be it enacted, that it shall be lawful for any person whose name shall be on any list of voters for any county, city, or borough to oppose on list of the claim of any person so omitted as aforesaid to have his name inserted in voters ma object to any list of voters for the same county, city, or borough; and such person claimants, intending to oppose any such claim shall, in the court to be holden as afore- on giving said for the revision of such list, and before the hearing of the said claim, give vising barr notice in writing to the revising barrister of his intention to oppose the said claim, and shall thereupon be admitted to oppose the same, by evidence or otherwise, without any previous or other notice, and shall have the same rights, powers, and liabilities as to costs, appeal, and other matters relating to the hearing and determination of the said claim as any person who shall have duly objected to the name of any other person being retained on any list of voters, and who shall appear and prove the requisite notices as hereinafter mentioned. correct mis takes in list and expung the names C dead, or wh insufficiently XL. AND be it enacted, that the revising barrister shall correct any mistake Barrister sh which shall be proved to him to have been made in any list, and shall expunge the name of every person whose qualification, as stated in any list, shall be insufficient in law to entitle such person to vote, and also the name of every persons not person who shall be proved to him to be dead; and wherever the christian qualified, or name, or the place of abode, or the nature of the qualification, or the local or or whose qu other description of the property of any person who shall be included in any ficatious are such list, and the name of the occupying tenant thereof, shall be wholly described, omitted in any case where the same is by this Act directed to be specified unless the insufficiency therein, or if any person whose name is included in any such list, or his is supplied. place of abode, or the nature or description of his qualification, shall, in the judgment of the revising barrister, be insufficiently described for the purpose of being identified, such barrister shall expunge the name of every such person from such list, unless the matter or matters so omitted or insufficiently described be supplied to the satisfaction of such barrister before he shall have completed the revision of such list, in which case he shall then and there insert the same in such list: Provided always, that, whether any person shall be objected to or not, no evidence shall be given of any other qualification than that which is described in the list of voters or claim, as the case may be, nor shall the barrister be at liberty to change the description of the qualification as it appears in the list, except for the purpose of more clearly and accurately defining the same; and where the name of any person inserted in any list of Mode of pro voters shall have been objected to by the overseers, or by any other person, cases of ceeding in and such other person so objecting shall appear by himself, or by some one on objection. his behalf, in support of such objection, and shall prove that he gave the notice or notices respectively required by this Act to be given by him, every such barrister shall then require it to be proved that the person so objected to was entitled on the last day of July then next preceding to have his name inserted in the list of voters in respect of the qualification described in such list; and in case the same shall not be proved to the satisfaction of such barrister, or in case it shall be proved that such person was then incapacitated VOL. IX. B No change i be made oft qualification stated in the lists or clair by any law or statute from voting in the election of members to serve in Parliament, such barrister shall expunge the name of every such person from the said lists: Provided always, that where any person whose name appears on any list of voters for any county shall be objected to on the ground of having changed his place of abode without having sent in a fresh notice of claim, it shall be lawful for the barrister on revising the list to retain the name of such person on the list of voters, provided that such person, or some one in his behalf, shall prove that he possessed, on the last day of July, the same qualification in respect of which his name has been inserted in such list, and shall also supply his true place of abode, which the said barrister shall insert in such list. Power of minister oaths, &c. Persons swear- Barrister in signature. XLI. AND be it enacted, that every revising barrister holding any court under this Act shall have power to adjourn the same from time to time, and from any one place to any other place within the same county, or within the same city or borough, but so that no such adjourned court shall be holden after the last day of October in any year; and at every court to be holden as aforesaid by any revising barrister the said barrister shall have power to administer an oath to all persons examined before him, and all parties, whether claiming or objecting or objected to, and all persons whatsoever, may be examined upon oath touching the matters in question; and every person taking any oath or affirmation under this Act who shall wilfully swear or affirm falsely shall be deemed guilty of perjury; and at the holding of such respective courts no party or other person shall appear or be attended by counsel; and every such barrister shall upon the hearing in open court finally determine upon the validity of such claims and objections, and shall for that purpose have the same powers and proceed in the same manner (except where otherwise directed by this Act) as the returning officer of any county, city, or borough, according to the laws and usages observed at elections previous to the passing of the said recited Act; and such barrister shall in open court write his initials against the names respectively expunged or inserted, and against any part of the said lists in which any mistake shall have been corrected or any omission supplied or any insertion made by him, and shall sign his name to every page of the several lists so settled. XLII. AND be it enacted, that it shall be lawful for any person who, under the provisions herein-before contained, shall have made any claim to have his name inserted in any list, or made any objection to any other person as not entitled to have his name inserted in any list, or whose name shall have been expunged from any list, and who in any such case shall be aggrieved by or dissatisfied with any decision of any revising barrister on any point of law material to the result of such case, either himself or by some person on his behalf to give to the revising barrister in court, before the rising of the said court, on the same day on which such decision shall have been pronounced, a notice in writing that he is desirous to appeal, and in such notice shall shortly state the decision against which he desires to appeal; and the said barrister thereupon, if he thinks it reasonable and proper that such appeal should be entertained, shall state in writing the facts which according to his judgment shall have been established by the evidence in the case, and which shall be material to the matter in question, and shall also state in writing his decision upon the whole case, and also his decision upon the point of law in question Appeal from Revising Appellant make a ded writing. ration in appealed against; and such statement shall be made as nearly as conveniently may be in like manner as is now usual in stating any special case for the opinion of the Court of Queen's Bench upon any decision of any court of quarter sessions; and the said barrister shall read the said statement to the appellant in open court, and shall then and there sign the same; and the said appellant, or some one on his behalf, shall at the end of the said statement make a declaration in writing under his hand to the following effect, that is to say, "I appeal from this decision"; and the said barrister shall then indorse Revising upon every such statement the name of the county and polling district, or city barrister to and borough, and of the parish or township to which the same shall relate, and statement t also the christian name and surname and place of abode of the appellant and names of of the respondent in the matter of the said appeal, and shall sign and date such indorsement; and the said barrister shall deliver such statement, with such indorsement thereon, to the said appellant, to be by him transmitted to her Majesty's Court of Common Pleas at Westminster in the manner hereinafter mentioned; and the said barrister shall also deliver a copy of such statement, with the said indorsement thereon, to the respondent in such appeal Pleas, and a who shall require the same. indorse on parties, &c. and deliver a copy to appellant, to be transmitt to Court of Common copy to respondent, if Who shall b XLIII. AND be it enacted, that in the matter of every such appeal the required. party in whose favour the decision appealed against shall have been given respondent shall be the respondent; but if there be no such party, or if such party, or on appeal. some one on his behalf, shall in open court decline, and state in writing that he declines, to support the decision appealed against as respondent, then and in every such case it shall be lawful for the said revising barrister to name any person who may be interested in the matter of the said appeal, and who may consent, or the overseers of any parish or township, or the town clerk of any city or borough, to be, and such person so consenting, or such overseers or town clerk respectively so named, shall be deemed to be, the respondent or respondents in such appeal. Countie Cities, a Boroug) consolidate XLIV. AND be it enacted, that if it shall appear to any revising barrister Power to that the validity of any number of such claims or objections determined by appeals. him at any court as aforesaid depends and has been decided by him upon the same point or points of law, and the parties, or any of them, aggrieved by or dissatisfied with his decision thereon shall have given notice of an intention to appeal therefrom, it shall in such case be lawful for the said barrister to declare that the appeals against such decision ought to be consolidated, and the said barrister shall in such case state in writing the case, and his decision thereon, in manner herein-before mentioned, and that several appeals depend upon the same decision, and ought to be consolidated, and shall read such statement, and sign the same, as herein-before mentioned, and thereupon it shall be lawful for the said barrister to name any person interested, and consenting, for and on behalf of himself and all other persons in like manner interested in such appeals, to be the appellant or respondent respectively in such consolidated appeal, and to prosecute or answer the said appeal, in like manner as any appellant or respondent might in his own case under the provisions of this Act, and the person so named appellant in such consolidated appeal, or some one on his behalf, shall, at the end of the said statement, make and sign a declaration in the form or to the effect following; (that is to say,) |