Preparation of final register. Expenses of The appellant, or some one on his behalf, then at the end of such case writes the declaration : "I appeal from this decision." The Barrister then endorses the statement with the name of the county and polling district or borough, and of the parish to which the same relates, and with the names and places of abode of the appellant and respondent, dates and signs the same, and delivers it to the appellant. If required he delivers another copy of the case and indorsement to the respondent. The party in whose favour the decision was given is the respondent, or if there be no such person or he decline, some other person interested and consenting, or the Overseers, or the Town Clerk, or Clerk of the County Council, may be the respondent or respondents. Moreover, the Barrister may in any case make the Town Clerk or Clerk of the County Council an additional respondent. If the Barrister refuse to state a case, the aggrieved party may apply to the High Court for a rule calling upon the Revising Barrister to state a case. The aggrieved party must make his application for such a rule within a month of the refusal, and must support his application by affidavits.1 After the lists have been revised by the Barrister he delivers the revised lists to the Clerk of the County Council of the county; or if the list relates to a borough, to the Town Clerk of the borough, who must send copies of such revised lists to the Clerk of the County Council, and from these lists the Clerks of the County Council and Town Clerks prepare and have printed the various rolls of electors necessary, arranging these lists in parts, so that the parts can be put together for use in electoral divisions, boroughs, wards of boroughs, and polling districts.2 In making out these lists, the list for each polling district is distinguished by a letter, and the name of each elector by a number, so that there is one complete set of numbers for each polling district. Each part of each register is made in alphabetical order of surnames, except that the parts of the register relating to parishes in which the lists have been made out in the order of premises, may follow the same order. We have next to inquire as to the application of the sums received in the course of the registration of voters from the sale of copies of lists, &c.; and as to the funds out of which the expenses are defrayed. Ist. The sums received by Overseers are applied, and their expenses defrayed as follows: 1 Parliamentary and Municipal Registration Act, 1878, sec. 37. 2 Municipal Corporations Act, 1882, secs. 45, 48, 71. County Electors Act, 1888, sec. 7. 3 Parliamentary Registration Act, 1843, secs. 53-57. Representation of the People Act, 1867, sec. 31. Parliamentary Electors Registration Act, 1868, secs. 23, 31, 32. Registration Act, 1885, secs. 6, 8, 14. County Electors Act, 1888, sec. 8. i. In parishes not within a municipal borough the receipts are applied in the relief of the poor rate and the expenses defrayed out of the poor rate. ii. In a parish which is in a municipal borough, and also in a parliamentary borough, the sums received and the expenses incurred in the registration of burgesses and parliamentary voters for the borough are applied in aid of, and defrayed out of, the poor rates and the borough fund respectively in equal shares. It should be pointed out that the registration of county parliamentary voters in such a parish is conducted quitę independently, and that the receipts and expenses in respect thereof are applied in aid of, and paid out of the poor rates respectively. iii. In a parish in a municipal borough, and not in a parliamentary borough, the sums received, and the expenses incurred in the registration of burgesses and parliamentary voters for the county in respect of the occupation franchise are applied in aid of, and defrayed out of the poor rates, and in aid of, and out of the borough fund, respectively, in equal shares. The registration of other parliamentary voters for such a parish is managed quite independently in pursuance of a precept from the Clerk of the County Council, and the receipts and expenses are applied in aid of, and defrayed out of the poor rates entirely. The Overseers of a parish must get a certficate from the Revising Barrister allowing their expenses before they can charge them in their accounts. 2nd. The expenses of the Clerk of the County Council in connection with the registration of both county electors and parliamentary voters of all kinds are defrayed out of the county fund, and the receipts are paid into the same fund; but where a Clerk of a County Council acts in the registration of parliamentary voters beyond the limits of the administrative county, a contribution must be made by the County Council of any other administrative county or the Town Council of any county borough within which he acts.1 3rd. The expenses of Town Clerks of parliamentary boroughs that are not as to any part co-extensive with municipal boroughs are, it seems, defrayed as follows:i. The receipts and expenses connected with the registration of county electors are paid into and out of the county fund. ii. The receipts and expenses connected with the registration of parliamentary voters are respectively paid to and by the Overseers of each parish in aid of and out of the poor rate in proportion to the number of parliamentary voters registered for each parish. Seeing that the registration of these parliamentary voters is conducted simultaneously with the registration of county electors, it will be very difficult to divide the receipts and expenses. The Town Clerk will have to lay his accounts before the County Council of the county within which the borough, or the larger part in area thereof is situated, and the Council will make an Order for the amount payable to him out of the county fund, and will also grant a certificate for the payment of the contribution of the parishes in respect of the parliamentary expenses. 4th. The expenses of Town Clerks of parliamentary boroughs that comprise municipal boroughs (in this case the Town Clerk of the municipal borough acts as the Town Clerk of the parliamentary borough) will, it seems, be defrayed, and the receipts applied as follows: i. The receipts and expenses of so much of the area as is within both the municipal and parliamentary boundaries will be, as to one half, paid into and out of the 1 See the Registration Act, 1885, sec. 14. Remuneration of Revising Barristers.1 Provisions for 1888.2 borough fund, and as to the other half, to or by the Overseers of the parishes, in aid of and out of the poor rate, in proportion to the number of parliamentary voters registered for the different parishes. The Orders for contributions from the various parishes will be made by the Town Council. ii. The receipts and expenses of so much of the area as is within the limits of the parliamentary borough, but not within the limits of the municipal borough will be applied and paid as follows:-The receipts and expenses connected with the registration of county electors will be paid into and out of the borough fund. The receipts and expenses connected with the registration of parliamentary voters will be paid to and by the Overseers of the parishes in aid of and out of the poor rate in proportion to the number of parliamentary voters registered for each parish, the Orders for contributions from the parishes being made by the Town Council. The Revising Barrister will apportion the receipts and expenses between the areas, within or without the municipal limits, but apparently he has no jurisdiction to decide how the receipts and expenses are to be apportioned between the county electors and parliamentary voters. 5th. It seems very doubtful how the receipts and expenses of Town Clerks of municipal boroughs that are not co-extensive with, or comprised in parliamentary boroughs should be applied and defrayed respectively. Perhaps the receipts and expenses should be respectively paid out of and into the county and borough fund in equal shares; but this is far from clear. Revising Barristers are paid 250 guineas each by the Treasury. The Treasury will make an Order on the County Councils for a contribution towards the expenses of the Revising Barristers for the circuit in which such county is situated; the Treasury may vary their Order, but subject to such variation, the Order is final. Boroughs do not contribute separately towards the remuneration of Revising Barristers. We must now point out the special provision for the year 1888. Ist. The duties of the Clerk of the Council are to be performed by the Clerk of the Peace. Where a county boundary will be altered under the Local Government Act, 1888, ie., where any urban sanitary district is at present in two counties, the Clerks of the Peace must come to an arrangement, under which the list of county electors for the part about to be transferred can be used as part of the register of electors of the county to which it is to be transferred. 2nd. The dates for various proceedings were altered. 3rd. The duties that will in certain cases in future years fall on Town Clerks, are performed by the Clerks of the Peace. 4th. Special arrangements are made for the expenses of registration. 1 County Electors Act, 1888, sec. 9 2 See County Electors Act, 1888, and Local Government Act, 1888, sec. 76. CHAPTER VII. ELECTION OF COUNTY AND TOWN COUNCILS. of Councillors. 1 GENERAL elections of County Councillors will, after the first General Election election in 1889, take place triennially on the 1st November in 1891, 1894, and so on. General elections of Town Councillors take place on November 1st, annually. If the 1st November be a Sunday, or day of public fast, humiliation, or thanksgiving, the election will take place the next day after, which is not Sunday, &c. vacancy. 2 If a casual vacancy occur among the County Councillors or Election in case Town Councillors, the election to fill it up must be held on a day of a casual to be fixed by the Chairman of the County Council, or Mayor, as the case may be, within fourteen days after notice in writing of the vacancy has been given to the Chairman or Clerk of the County Council, or Mayor, or Town Clerk, as the case may be, by two county electors or burgesses, but if a vacancy occurs among the County Councillors within six months before the general election of County Councillors, it is not to be filled up till the general election. As the proceedings at, and the law respecting, elections of County Councillors and Town Councillors are almost the same, they will be discussed together. The questions to be considered are— The qualification of a Councillor. The preparation for election, including the nomination of candidates. The poll in the case of contested elections. The law with regard to the conduct of a candidate, and the questioning of improper elections. The acceptance, loss, and resignation of office, &c. 1 Municipal Corporations Act, 1882, secs. 52, 230. Local Government Act, 1888, sec. 75. 2 Municipal Corporations Act, 1882, secs. 40, 66. Local Government Act, 1888, sec. 75. Qualification of The principal statutory provisions on the subject are contained in The Ballot Act, 1872 (35 & 36 Vict. c. 33). The Municipal Corporations Act, 1882. The Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70.) The Local Government Act, 1888. A person to be qualified for the office of County Councillor must Ist. Be qualified as a county elector of the county, or as a burgess of a borough in the administrative county, and be enrolled as such; or 2nd. Be qualified to be, and be, enrolled upon the special non-resident list for the county or for some borough in the administrative county, and be possessed of a property qualification; or 3rd. Be registered as a parliamentary voter for the county or a division of the county in respect of the ownership of property in the administrative county; or 4th. Be a peer owning property in the county. A person to be qualified to be elected Town Councillor must Ist. Be qualified and enrolled as a burgess of the borough; or 2nd. Be qualified to be, and be, enrolled upon the special non-resident list for the borough, and be possessed of a property qualification. It is to be observed, that entry upon the register is not, in the case of a Councillor, conclusive, as it is in the case of an elector, but the qualification must exist in fact 2 except, perhaps, in the case of a County Councillor qualified by registration as a parliamentary voter in respect of the ownership of property, in which case the register seems to be conclusive. The property qualification for a non-resident is as follows :A person to be qualified must— Ist. Have real or personal property, or both, to the value of 2nd. Be rated to the poor rate on the 1 Municipal Corporations Act, 1882, secs. 11, 12. 2 Flintham v. Roxburgh, 17 Q.B.D., 44. annual value of Town Councillor Local Government Act, |