REGULATIONS AS TO FIRST ELECTION OF SCHOOL BOARDS IN BOROUGHS (1). AT THE COUNCIL CHAMBER, WHITEHALL, THE 25TH DAY OF MAY, 1886, BY THE LORDS OF THE COMMITTEE OF THE PRIVY COUNCIL ON EDUCATION. Their lordships read and approved the following general regulations for the first election of school boards in boroughs. 1. The number of members of the school board of a borough shall be from five to fifteen, as may be determined in each case. 2. The returning officer shall be the Mayor of the borough, or other person appointed by him (2). 3. The first election of members of the school board shall be held on some day, to be fixed by the returning officer, and within twenty-eight clear days after the date of the requisition to elect a school board which will be sent to the Mayor. 4. Fourteen clear days at least before the day fixed for the election the returning officer shall prepare, sign and publish such notice of the election as is hereinafter prescribed (3). 5. The notice shall specify the number of members to be elected, with the day fixed for the election; and shall also specify a place for the reception of the nomination papers hereinafter mentioned. The notice shall be in the form annexed to this order, or to the like effect. 6. After publication of the notice, but not less than ten clear days before the day fixed for the election, any two persons whose names are on the burgess roll of the borough may nominate as a candidate any one person of full age, by sending to, or delivering (1) For the general regulations which have been issued by the Education Department with regard to the triennial elections of school boards in boroughs, see p. 485. (2) It would appear that if a person who under this order is the returning officer is a candidate for election as member of the school board, he cannot act as the returning officer in the election. See R. v. Owens, 2 E. & E. 86; 28 L. J., Q. B. 316; 33 L. T., N.s. 257 ; R. v. Blizard, L. R., 2 Q. B. 55 ; 36 L. J., Q. B. 18; 15 L. T., N.S. 242; and R. v. White, L. R., 2 Q. B. 557; 36 L. J., Q. B. 267. (3) As to publication of notices, see Rule 21. at, the appointed place a nomination paper, subscribed by such two persons as aforesaid, and stating the Christian name and surname, with the place of abode and description of each subscriber, and of the candidate nominated; and the returning officer shall send, forthwith, notice of such nomination to each candidate (4). A person shall not join more than once in nominating a candidate in the election. 7. No nomination paper shall be received after four o'clock in the afternoon of the last day upon which such paper may be received, and no person shall be a candidate unless he has been nominated within the time and in the manner aforesaid. The returning officer shall decide whether any nomination is valid, and his decision shall be final (5). 8. Eight clear days at least before the day fixed for the election public notice shall be given of the names, places of abode, and descriptions of the several candidates nominated as aforesaid (6). 9. After delivery of a nomination paper, but not less than six clear days before the day fixed for the election, any candidate may be withdrawn by delivering at the place appointed a notice of such withdrawal, addressed to the returning officer, and signed by the candidate. Such notice shall not be delivered later than four o'clock in the afternoon. (4) With regard to disqualification for election, see 33 & 34 Vict. c. 75, sec. 29 (note 3); rules 12 and 14 in second schedule, first part, to that Act; and 36 & 37 Vict. c. 86, sec. 8. (5) In the case of Hedworth, Monkton, and Farrow School Board, Ex parte Richardson, which came before the Court of Queen's Bench in April 1874, on an application for a rule nisi for an information in the nature of a quo warranto against the members of the school board returned at the triennial election, it was contended that a similar regulation in a previous order that the decision of the returning officer should be final was ultra vires. According to the affidavits, Mr. Richardson was duly nominated by two ratepayers for election as a member of the school board, but the returning officer, being misled by the clerk to the overseers as to the qualification of one of the nominators, rejected the nomination, and Mr. Richardson consequently lost his chance of being elected. Mr. Justice Blackburn remarked that if the order had been embodied in the Act of 1873, the returning officer's decision could not be questioned: and that a good deal could be said in favour of the policy of such a rule.—The Lord Chief Justice pointed out that the case would have been different if the returning officer had exercised any judgment in coming to his decision. Here he had apparently exercised none. The rule was granted; but when the case again came before the Court, it appeared that one of the persons by whom Mr. Richardson was nominated was not a ratepayer, and did not so appear on the rate book; and on this ground judgment was given for the defendants. The question as to the validity of the regulation referred to was not therefore decided by the Court. (6) As to the publication of notices, see Rule 21. 10. If no more persons are nominated as aforesaid than there are members to be elected, such persons shall be deemed to be elected on the day fixed for the election, and the returning officer shall, on the said day, publish a list of the names, with the places of abode and descriptions, of the persons so elected, and such publication shall be conclusive evidence of the election. The returning officer shall forthwith transmit a copy of such list to the Education Department. II. If after the time hereinbefore limited for the withdrawal of any candidate more persons remain as candidates than there are members to be elected, the returning officer shall forthwith publish the names, places of abode, and descriptions of the several candidates, and give notice that a poll will be taken on the day fixed for the election, between the hours specified in such notice (6A). 12. The returning officer shall determine the number and situation of the polling-stations, and shall publish the same not less than three clear days before the day fixed for the election (7). No public-house shall be used for a polling-station, or for the purposes of an election. 13. If the borough is divided into wards, each voter shall give his vote in the ward in which the property in respect of which he is entitled to vote is situate, and if it is situate in more than one ward, he shall vote in any one of the wards in which it is situate. 14. The returning officer, or some person or persons appointed by him for this purpose, shall preside at each polling-station, provided that only one person shall preside at the same time (8). (6A) The hours of poll must be those specified in Rule 15. (7) According to the circular of the Education Department (see p. 258), the number of polling stations must not exceed one for each ward, unless with the consent of the Department on special application. As to publication of notices, see Rule 21. (8) The Education Department in their circular letter of 17th June 1886 (see p. 258), state:-"There must not be more than one presiding officer at a polling station, and the returning officer is expected to act as one of them. In some cases it is the practice that the same person should act as presiding officer at several polling stations in the same town. When the poll is open from 8 A.M. till 8 P.M. the fee of the presiding officer must not exceed £3 35., and he may have one clerk at £1 10s., and a second at £1. One of the clerks may also be appointed as a deputy to act for the presiding officer in case of emergency. No money for refreshments must be paid to the returning or presiding officer, or to any of the persons employed." With respect to ballot boxes and other fittings, those provided for municipal elections must be used free of charge. As to the responsibilities and liability of a presiding officer, see note on p. 204, as to decision in Pickering v. James. 15. The poll shall commence at 8 A.M., and close at 8 P.M. 16. Subject to the provisions of this order, the poll shall be taken in like manner as a poll at a contested municipal election is directed by the Ballot Act, 1872, to be taken; and subject as aforesaid, the provisions of that Act shall apply to the election in like manner as if they were contained in this order, with the substitution of the term "School Board Election" for the term Municipal Election": (9) Provided that: 66 a. Every voter shall be entitled to a number of votes equal b. The voter may place against the name of any candidate 17. The person presiding at the poll may, and if required by any two voters shall, put to any voter at the time of his applying for a ballot paper, but not afterwards, the following questions, or one of them, but no other : (1.) Are you the person whose name appears as A.B. on the list of burgesses, being registered therein as being rated for property described therein to be situate at [Here specify the street, &c., as described in the burgess roll.] (9) This clause follows that in Rule 1 (b) in the second schedule to the 36 & 37 Vict., c. 86, ante, p. 259. The provisions of the Ballot Act, 1872, so far as they apply to a poll at a municipal election will be found in Owen's Municipal Corporations Acts, (Knight & Co., Fleet Street). The several forms required in the election, with stamping instruments, &c., may be obtained from Knight & Co. (10) As to persons disqualified for voting, see sec. 29 of 33 & 34 Vict. c. 75, note (1), ante. With regard to questions as to ballot papers which may be accepted as valid, and as to votes irregularly marked, see notes to 36 & 37 Vict. c. 86, Second Schedule, Rule 1 (b), p. 260. (11) The provisions of the sections referred to are set forth in the notes to sec. 90 of the 33 & 34 Vict. c. 75, ante. With regard to other offences in connection with the election of a School Board, see secs. 88, 90, and 91 of the 33 & 34 Vict. c. 75, ante, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, in Appendix, p. 377. (2.) Have you already voted at the present election? And no person required to answer any of the said questions shall be permitted or qualified to vote until he has answered the same. 18. In case of an equality of votes, the returning officer shall determine by lot the persons to be elected. The election shall be deemed to have taken place on the day fixed for the election. 19. The returning officer shall publish notice of the result of the poll and of the names of the persons elected. He shall also forthwith transmit a copy of such notice to the Education Department, and deliver the voting papers to the town clerk, to be kept for six months among the records of the borough, and sec. 64 (b) of the Ballot Act, 1872, shall apply as if it were inserted in this order (12). (12) The provision as to the custody of ballot papers and other documents, to which reference is made, is contained in Rule 64 in the first schedule of the Ballot Act, and not in sec. 64 of that Act. The rule is to the following effect : The town clerk shall retain for a year all documents relating to an election forwarded to him by a returning officer, and then, unless otherwise directed by an order of the County Court having jurisdiction in the borough, or any part thereof, or of any tribunal in which the election is questioned, shall cause them to be destroyed. No person shall be allowed to inspect any rejected ballot papers in the custody of the town clerk, except under the order of the County Court having jurisdiction in the borough or any part thereof, or of any tribunal in which the election is questioned, to be granted by such Court on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return; and any such order for the inspection or production of ballot papers may be made subject to such conditions as to persons, time, place, and mode of inspection or production as the Court making the same may think expedient, and shall be obeyed by the town clerk. Any power given to a Court by this rule may be exercised by any judge of such Court at chambers. An appeal from the County Court may be had in like manner as in other cases in such Court. No person shall, except by order of the County Court having jurisdiction in the borough or any part thereof, or any tribunal having cognizance of petitions complaining of undue returns or undue elections, open the sealed packet of counterfoils after the same has been once sealed up, or be allowed to inspect any counted ballot papers in the custody of the town clerk; such order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the County Court or tribunal making the order may think expedient; provided that on making and carrying into effect any such order, care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent Court to be invalid. All documents forwarded by a returning officer, in pursuance of the Act, to the town clerk, other than ballot papers and counterfoils, shall be open to |