No nomination paper will be received after four o'clock in the afternoon of the day of 4. That public notice will be given of the list of candidates on or before the day of That any candidate may be withdrawn by delivering at (office or place to be specified,) not later than four o'clock in the afternoon of the a notice of withdrawal signed day of by the candidate and addressed to the returning officer. 5. Notice of the boundaries of the polling-districts, and of the number and situation of the polling-stations, will be published on or before the day of Each voter must vote in the polling-district in which the property in respect of which he is rated is situate, and if it is situate in more than one polling-district, in any one of such polling-districts. 6. That the poll will be open from till 8 P.M. day of 7. Every ratepayer of the parish whose name appears in the book, containing the rate made on the is entitled to vote in the election. Paragraph I. (c) of the Second Schedule to the Elementary Education Act, 1873, provides that "in a parish which is not situate in the City of London or in a borough, other than the borough of Oxford, the book containing the last rate made for such parish more than one month previously to any date shall be the register of the ratepayers entitled to vote in such parish at that date; and every ratepayer whose name appears in such rate book shall be entitled to vote unless he is disqualified for voting, and no person shall be entitled to vote whose name does not so appear.' 8. The voting shall be by ballot. 9. That in this parish 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. REGULATIONS AS TO THE TRIENNIAL ELECTION OF A SCHOOL BOARD IN A PARISH. 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 Acts, 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 parish : 1. The number of members of the school board for a parish 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 clerk of the union of which the parish forms part, or the person for the time being discharging the duties of such clerk. 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 (1). (1) 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 who are ratepayers of the parish, and entitled to vote in the election of members of the school board for the parish, 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. A ratepayer shall not join more than once in nominating a candidate in the election (2). 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 (3). 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 (4) a list of the names, with the (2) With regard to persons entitled to vote and disqualifications for election, see note, p. 502. (3) As to the decision of the returning officer being final, see note, p. 478. (4) As to publication of notices, see Rule 21. 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 herein before 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 (5) specified in such notice. 12. The returning officer shall determine the number and situation of the polling-stations, and, for the purposes of this election, may cause any parish to be divided into polling-districts. The said officer shall cause the boundaries of such districts, and the number and situation of the polling-stations, to be published not less than three clear days before the day fixed for the election (6). No public-house shall be used for a polling-station, or for the purposes of an election. 13. If the parish is divided into polling districts, each voter shall give his vote in the polling-district in which the property in respect of which he is entitled to vote is situate, and if it is situate in more than one polling-district, he shall vote in any one of the polling-districts 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 (7). 15. Duration of poll: a. Where the population of the school board district exceeds, according to the last published.census, fifteen thousand, the poll shall be open from 8 A.M. to 8 P.M. (5) The hours specified for the poll must be in accordance with Rule 15 of the order. (6) There may be according to the Ballot Act several polling-stations in one room or booth. The Education Department state that the number of polling. stations in a parish must not exceed one for every 1000 persons entitled to vote, as shown by the rate book, unless on special application to the Department, they consent to the number being increased. (7) 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. 504. As to responsibilities and liability of the presiding officer, see note on p. 204, with reference to decision in Pickering v. James. b. Where the population of the school board district, according to the last published census, does not exceed fifteen thousand, the poll shall be open from 12 noon to 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"; (8) Provided that: 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. in the book containing the rate made on the day of and rated therein for the property described as [Specify date and property in rate book.] (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. (8) See notes on similar rules in the regulations as to first elections of school boards in parishes, p. 504. (9) For the provisions of the Ballot Act which are referred to, see note, pp. 202-204. |