Parliament be adjourned or prorogued at the demise of the Crown, it shall immediately sit and act. [52. See "Disqualification of Candidates," Part IV.] 53. Any copy of any of the said reports by the said Commissioners appointed for the purpose of making inquiry into the existence of corrupt practices in any of the said boroughs of Totnes, Great Yarmouth, Lancaster, or Reigate, with the schedules thereof annexed, and purporting to be printed by the Queen's printer, shall for the purposes of this Act be deemed to be sufficient evidence of any such report of the said Commissioners, and of the schedules annexed thereto. [56. See "Qualification of Electors," Part I.] 57. From and after the passing of this Act, the County Palatine of Lancaster shall cease to be a county palatine, in so far as respects the issue, direction, and transmission of writs for the election of members to serve in Parliament for any division of the said county or for any borough situate in the said county; and such writs may be issued under the same seal, be directed to the like officer, and transmitted in the like manner, under, to, and in which writs may be issued, directed, and transmitted in the case of divisions of counties and boroughs not forming part of or situate in a county palatine; and any writ issued, directed, and transmitted in manner directed by this section shall be valid accordingly. Extended by s. 21 of 31 & 32 Vict. c. 58, infra, to the County Palatine of Durham. 30 & 31 Vict. c. 102. Reports of certain Commissioners printed by Queen's printer to be evidence. As to issue of Palatine of 58. All writs to be issued for the election of members to Writs, &c., serve in Parliament, and all mandates, precepts, instruments, to be made proceedings, and notices consequent upon such writs or relating conformable to the registration of voters, shall be framed and expressed in such manner and form as may be necessary for the carrying the provisions of this Act into effect. to this Act. 61. The following terms shall in this Act have the meanings Interpretation hereinafter assigned to them, unless there is something in the of terms: context repugnant to such construction; (that is to say,) "Month" shall mean calendar month: "Member" shall include a knight of the shire: "Month: " "Member: "Election:" "County:" "Election" shall mean an election of a member or members 66 "Borough: " Borough" shall mean any borough, city, place, or combination of places, not being a county as herein before defined, returning a member or members to serve in Parliament: "Dwelling-house" shall include any part of a house occupied "Dwelling house: " 30 & 31 Vict. c. 102, s. 61. Definitions. "The Registration Acts:" as a separate dwelling, and separately rated to the relief of the poor: (a) "The Registration Acts" shall mean the Act of the sixth year of the reign of her present Majesty, chapter eighteen, and the Act of the twenty-eighth year of the reign of her present Majesty, chapter thirty-six, and any other Acts or parts of Acts relating to the registration of persons entitled to vote at and proceedings in the election of members to serve in Parliament for England and Wales. 31 & 32 Vict. c. 58, ss. 18, 21, 33. Local authority for polling districts to act from time to time. * p. 423. ↑ Lancaster. p. 427. Returning officer when 31 & 32 Vict. c. 58, ss. 18, 21, 33. 18. The local authority within the meaning of the same section [s. 34 of the Act of 1867, p. 423] in boroughs where the town council is not the local authority shall be the justices of the peace of the petty sessional division in which such borough is situate, or if such borough be situate in or comprise more than one petty sessional division, then the justices in general or quarter sessions having jurisdiction over such borough, or the greater part thereof in area. The power of dividing their county into polling districts and assigning to each district a polling place vested in the justices of the peace by the thirty-fourth section of the Representation of the People Act, 1867,* may be exercised by such justices from time to time, and as often as they shall think fit, and the said power of dividing a county into polling districts shall be deemed to include the power of altering any polling district or polling districts. 21. Section fifty-seven † of the Representation of the People Act, 1867, with respect to the County Palatine of Lancaster, and the issue, direction, and transmission of writs for the election of members to serve in Parliament for any division of the said county, or for any borough situate therein, shall be construed to extend to and include the County Palatine of Durham. 33. Whenever a borough returning a member or members to serve in Parliament becomes a municipal borough the auparliamentary thority of the person who may for the time being be acting as returning officer shall cease, and the mayor shall take his place, subject nevertheless to the repayment to such firstmentioned returning officer of any expenses properly incurred by him in the execution of the duties of his office. borough becomes municipal borough. (a) Repealed by the Registration Act, 1878. 31 & 32 Vict. c. 65. An Act to amend the Law relating to the use of Voting Papers in Elections for the Universities. 31 & 32 Vict. c. 65. 1. The said recited form of declaration shall not be re- Substituted quired, and there shall be substituted in place thereof the form of declaration following, that is to say: 'I solemnly declare that I verily believe that this is the 'paper by which A.B. (the voter) intends to vote pursuant to the provisions of the "Universities Election Acts, 1861 ' and 1868."" For recited form of declaration, see 24 & 25 Vict. c. 53, s. 2 (p. 421). declaration by party tender ing voting paper. 2. The second section of the said first-mentioned Act shall, As to London in reference to the University of London, be construed as if the University. words "in the manner heretofore used" were omitted therefrom. signed in Channel 3. A voting paper for the election of any burgess or member Voting papers to serve in Parliament for any Universities or University, in respect of which the provisions of the said first-mentioned Act may for the time being be in force, may be signed by a voter being in one of the Channel Islands, in the presence of the following officers, that is to say, (1.) In Jersey and Guernsey, of the bailiffs, or any lieutenantbailiff, jurat, or Juge d'Instruction. (2.) In Alderney, of the Judge of Alderney or any jurat. (3.) In Sark, of the seneschall or deputy-seneschall. And for the purpose of certifying and attesting the signature of such voting paper, each of the said officers shall have all the powers of a justice of the peace under the first-mentioned Act, and a statement of the official quality of such officer shall be a sufficient statement of quality in pursuance of the provisions of the said Act. 4. This Act may be cited for all purposes as "The Universities Titles. Election Act, 1868," and the said first-mentioned Act and this Act may be cited together as "The Universities Election Acts, 1861 and 1868." 35 & 36 Vict. c. 33. SECTION. 35 & 36 Vict. c. 33. BALLOT ACT, 1872. 1. Nomination-Withdrawal from candidature 2. Poll-Contents of ballot paper-Return-Casting vote 3. Offences as to nomination papers and ballot papers and boxes 4. Maintenance of secrecy at polling stations . 5. Polling districts 6 Use of school-room for poll 7. Conclusiveness of register 8. Powers and duties of returning officer 9. Maintenance of order at polling station PAGE 431 431 432 433 434 435 435 436 436 437 437 437 437 438 438 439 439 440 440 440 440 49, 50. Clerks, &c.-Delegation of duties by presiding officer 447 448 52. Name and address of agent to be made known 448 An Act to amend the Law relating to Procedure at Par- 35 & 36 Vict. liamentary and Municipal Elections. [18th July, 1872. "Whereas it is expedient to amend the law relating to procedure at parliamentary and municipal elections": BE IT ENACTED as follows: PART I. PARLIAMENTARY ELECTIONS. Procedure at Elections. 1. A candidate for election to serve in Parliament for a county or borough shall be nominated in writing. The writing shall be subscribed by two registered electors of such county or borough as proposer and seconder, and by eight other registered electors of the same county or borough as assenting to the nomination, and shall be delivered during the time appointed for the election to the returning officer by the candidate himself, or his proposer or seconder. c. 33. Written nomination of candidates by proposer, seconder, and eight voters. If at the expiration of one hour after the time appointed for One hour for the election no more candidates stand nominated than there are nominating vacancies to be filled up, the returning officer shall forthwith candidates. declare the candidates who may stand nominated to be elected, and return their names to the Clerk of the Crown in Chancery; but if at the expiration of such hour more candidates stand nominated than there are vacancies to be filled up, the returning officer shall adjourn the election and shall take a poll in manner in this Act mentioned. A candidate may, during the time appointed for the election, Candidate but not afterwards, withdraw from his candidature by giving a withdrawing. notice to that effect, signed by him, to the returning officer: Provided that the proposer of a candidate nominated in his absence out of the United Kingdom may withdraw such candidate by a written notice signed by him and delivered to the returning officer, together with a written declaration of such absence of the candidate. If after the adjournment of an election by the returning officer On death of for the purpose of taking a poll one of the candidates nominated candidate shall die before the poll has commenced, the returning officer shall, upon being satisfied of the fact of such death, countermand countermand notice of the poll, and all the proceedings with reference to the of poll. election shall be commenced afresh in all respects as if the writ had been received by the returning officer on the day on which proof was given to him of such death; provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of the counter mand of the poll. As to security, see p. 457; as to double nomination, see Northcote v. Pulsford, L. R. 10 C. P. 476, and p. 441 n., post. 2. In the case of a poll at an election the votes shall be given by ballot. The ballot of each voter shall consist of a paper (in Voting at poll by ballot papers. |