20. The expenses of the election and of taking the poll, and the remuneration to the returning officer and his assistants (if any), shall be paid by the school board out of the school fund. Provided that if any question shall arise between the returning officer and the school board as to such expenses or remuneration, such question shall be referred to the Education Department, whose decision thereon shall be final and conclusive (13).

21. Notices and other matters required by these regulations to be published shall be published in like manner as in the case of the election of councillors (14).

public inspection at such time and under such regulations as may be prescribed by the council of the borough, with the consent of one of her Majesty's principal Secretaries of State, and the town clerk shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees and subject to such regulations as may be sanctioned by the town council with the like consent.

Where an order is made for the production by the town clerk of any document in his possession relating to any specified election, the production by such clerk or his agent of the document ordered, in such manner as may be directed by such order, or by a rule of the Court having power to make such order, shall be conclusive evidence that such document relates to the specified election; and any endorsement appearing on any packet of ballot papers produced by the town clerk or his agent shall be evidence of such papers being what they are stated to be by the endorsement. The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked thereon in writing, shall be prima facie evidence that the person who voted by such ballot paper was the person who at the time of such election had affixed to his name in the register of voters at such election the same number as the number written on such counterfoil.

Subject to these provisions, the town clerk, in respect of the custody and destruction of the ballot papers and other documents coming into his possesssion, is subject to the directions of the council of the borough.

As to inspection of ballot papers, &c., after election, see Ex parte J. Pym Yeatman, R. v. Beardsall, and Stowe v. Jolliffe referred to in note to sec. 1 (b) in second schedule to 36 & 37 Vict., c. 86, ante, p. 265.

(13) As to the scale of charges in respect of expenses and remuneration which has been prescribed by the Education Department for school board elections, see circular letter of the Department dated 17th June, 1886, which is set forth in note to Rule I in second schedule to the 36 & 37 Vict., c. 86, p. 257.

(14) The Municipal Corporations Act, 1882, by secs. 54 & 232, provides that the notice of the election of councillors shall be fixed in some conspicuous place on or near the outer door of the town hall or if there is no town hall in some conspicuous place in the borough to which the notice relates.

The Education Department in their circular letter addressed to returning officers, and dated 17th of June, 1886, state as follows:

"In publishing the various notices required to be published by the order regulating the election, you will refrain henceforth from publishing these notices in any newspaper, and you will perceive that the order for publication in a newspaper is not required, and the expense of so doing will henceforth be disallowed."

Borough of

FORM OF NOTICE.

ELECTION OF A SCHOOL BOARD.

Notice is hereby given that—

1. The first election of a school board for this borough will take place on the

day of

18

2. The number of persons to be elected as members of the school board is

3. Any two burgesses may nominate any one person of full age, and no more, as a candidate, by sending to or delivering at the office of the Town Clerk (or other office to be specified) a nomination paper.

A person may not join more than once in nominating a candidate in the election.

The nomination paper must be dated and subscribed by the two burgesses, and must contain the Christian names, surnames, places of abode, and descriptions of the subscribers, and of the candidate nominated.

No nomination paper will be received after four o'clock in the afternoon of the day of

4. Public notice will be given of the list of candidates on or before the day of

5. Any candidate may be withdrawn by delivering at the Town Clerk's office (or other office to be specified), not later than four o'clock in the afternoon of the day of a notice of withdrawal signed by the candidate and addressed to the returning officer.

6. The voting will take place in each ward, and notice of the number and situation of the polling-stations will be published on or before the day of

Each voter must vote in the ward in which the property in respect of which he is rated is situate, and if it is situate in more than one ward, in any one of the wards in which it is situate.

7. The poll will be open from 8 A.M. till 8 P.M.

8. Every person upon the burgess roll is entitled to vote in the election. The voting shall be by ballot.

9. Each voter has votes, all or some of which he may distribute among the candidates as he thinks fit.

REGULATIONS AS TO THE TRIENNIAL ELECTIONS 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.

The Lords of the Committee of Privy Council on Education, by virtue and in pursuance of the powers in them vested under the Elementary Education Acts, 1870 & 1873, and of every other power enabling them in this behalf, do order, and it is hereby ordered as follows:

With respect to the Triennial Election of a school board in a borough :

1. The number of members of the school board for a borough is the number determined in the first instance by the Education Department; or thereafter by the resolution in force for the time being, which has been duly passed by the school board, and approved by the said department.

2. The returning officer shall be the mayor of the borough or other person appointed by him (2).

3. The members of every school board shall hold office for three years, and the day for the triennial retirement of members shall be the same day of the year as that which was fixed for the first election of the school board.

The election of members of a school board to fill up the vacancies to be caused by every such retirement shall be held upon some convenient day to be fixed by the returning officer in the notice to be issued by him in pursuance of this order, provided that such day of election shall be not less than four clear days, and either not more than fourteen clear days, or with the sanction of the Education Department not more than fifty clear days, before the day hereinbefore fixed for such retirement.

4. Fourteen clear days at least before the day fixed for the Triennial Election, the returning officer shall prepare, sign, and publish such notice of the election as is hereinafter prescribed (3).

(1) For the general regulations which have been issued by the Education Department with regard to the first elections of school boards in boroughs, see p. 477.

(2) The mayor or other person appointed by him cannot act as returning officer if he intends to become a candidate for election as a member of the school board. See note, p. 477.

(3) As to publication of notices, see Rule 21.

5. The notice shall specify the number of members to be elected, the day fixed for the Triennial 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 Triennial 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 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 have power to 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.

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.

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

(4) With regard to disqualifications 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) As to the decision of the returning officer being final, see note, p. 478.