of abode and descriptions of the persons so elected, and such publication shall be conclusive evidence of the election (6).

The returning officer shall forthwith transmit a copy of such list to the Education Department.

11. 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 (7).

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 (8).

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 (9).

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 conducted in like manner as a poll at a contested municipal election is directed by the Ballot Act, 1872, to be conducted; 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" (10) Provided that:

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

(7) The hours of poll must be those specified in Rule 15.

(8) The number of polling-stations should not exceed one for each ward, unless with the consent of the Education Department on special application. (9) With regard to the rules laid down by the Education Department as to the presiding officers and clerks at the polling-stations and their remuneration, and as to ballot boxes and other fittings, see note, p. 258.

As to the responsibilities and liability of a presiding officer, see note on p. 204 as to decision in Pickering v. James.

(10) See notes on similar rules in the regulations as to first elections of school boards in boroughs, p. 480.

a. Every voter shall be entitled to a number of votes equa
to the number of the members of the school board to be
elected, and may give all such votes to one candidate,
or may distribute them among the candidates as he
thinks fit.

b. The voter may place against the name of any candidate
for whom he votes the number of votes he gives to such
candidate in lieu of a cross, and the form of directions
for the guidance of the voter in voting, contained in
the Ballot Act, 1872, shall be altered accordingly (10).
c. The provisions of sections three, four, eleven, and twenty-
four of the Ballot Act, 1872, shall be deemed to be
regulations contained in this order, which involve a
penalty within the meaning of section ninety of the
Elementary Education Act, 1870 (10).

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 of the borough of

, being
registered therein as being rated for property described
to be situate therein ?

[Here specify the street, &c., as described in the burgess roll.] (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 triennial election shall be deemed to have taken place on the day fixed for such election.

19. The returning officer shall publish notice of the result of the poll and of the names of the persons elected, with their places of abode and descriptions. He shall also forthwith_transmit a copy of such notice to the Education Department, and deliver the ballot papers to the town clerk, to be kept for six months among the records of the borough, and section 64 b) of the Ballot Act, 1872, shall apply as if it were inserted in this order (11).

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

(10) See note (10) on previous page.

(11) For provisions of the Ballot Act which are referred to, see note, p. 481.

and the school board as to his bill for expenses or remuneration, such bill shall be referred to the Education Department, whose decision thereon shall be final and conclusive (12).

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 (13).

FORM OF NOTICE.

TRIENNIAL ELECTION OF A SCHOOL BOARD IN A BOROUGH.

Notice is hereby given

1. That the triennial election of a school board for this borough will take place on the day of

18

2. That 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.

(12) 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, which is set forth in note I in Second Schedule to the 36 & 37 Vict., c. 86, p. 257.

(13) As to the publication of notices, see note, p. 257.

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.

9. The voting shall be by ballot.

10. Each voter has

votes, all of which he may give to one candidate, or he may distribute all or some of them among the candidates as he thinks fit.

Dated this

(State office or address.)

day of

18.

Returning Officer.

REGULATIONS AS TO PASSING RESOLUTIONS FOR APPLICATIONS FOR SCHOOL BOARDS AND THE FIRST ELECTIONS OF SCHOOL BOARDS.

AT THE COUNCIL CHAMBER, WHITEHALL, THE 25TH DAY OF MAY, 1886, BY THE LORDS OF THE COMMITTEE OF THE PRIVY COUNCIL ON EDUCATION.

1. Their Lordships read and approved the following:General regulations as to passing resolutions "for application for school boards" in parishes not situate within municipal boroughs, or within the metropolis (1).

Whereas, by the 12th section of the Elementary Education Act, 1870, application may be made to the Education Department, in certain cases, for leave to form a school board.

And whereas such application must be made by a resolution passed in accordance with the provisions of the second part of the second schedule to the said Act.

And whereas the passing of such resolution must be in accordance with such regulations as the Education Department may by order prescribe.

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

The following regulations as to passing any such resolution as aforesaid shall be observed in any parish not situate within a municipal borough, or within the metropolis:

1. Upon requisition in writing, signed by fifty ratepayers entitled to vote in pursuance of the Elementary Education Act, 1873, or by one-third of the persons who are ratepayers of any parish and so entitled to vote, the summoning officer shall, within fourteen clear days after receiving such requisition, convene a meeting of

(1) For regulations as to applications for school boards in parishes proposed to be united and not situated within boroughs, see p. 497.