clerk, or treasurer (as the case may be) is incapable of acting all acts by law authorized or required to be done by or with respect to the town clerk or the treasurer (as the case may be) may, subject to the provisions of any other Act, be done by or with respect to a person appointed in that behalf by the mayor.

PART III.

PREPARATIONS FOR AND PROCEDURE AT
ELECTIONS.

PARISH BURGESS LISTS; BURGESS ROLLS;
WARD ROLLS.

Preparation and Revision of Parish Burgess Lists.

44. (1.) Where the whole or part of the area of a borough is co-extensive with or included in the area of a parliamentary borough, the lists of burgesses are to be made out and revised, and claims and objections relating thereto are to be made, in accordance with the provisions. of the Parliamentary and Municipal Registration Act, 1878.

(2.) Where no part of the area of a borough is co-extensive with or included in the area of a parliamentary borough, the lists of burgesses shall be made out and revised, and claims and objections relating thereto may be made, in accordance, as nearly as may be, with the provisions of Part I. of the Third Schedule.

(3) In either case the lists shall be styled the parish burgess lists.

The designation of the lists as "parish burgess lists" is new.

The Burgess Roll and Ward Rolls.

45.-(1.) When the parish burgess lists have been revised and signed, the revising authority shall deliver them to the town clerk, and a printed copy thereof, examined by him and signed by him, shall be the burgess roll of the borough.1

(2.) The burgess roll shall be completed on or before the twentieth of October in each year, and shall come into operation on the first of November in that year, and shall

continue in operation for the twelve months beginning on that day.2

(3.) The names in the burgess roll shall be numbered by wards or by polling districts, unless in any case the council direct that the same be numbered consecutively without reference to wards or polling districts.3

(4) Where the borough has no wards, the burgess roll shall be made in one general roll for the whole borough.

(5.) Where the borough has wards, the burgess roll shall be made in separate rolls, called ward rolls, one for each ward, containing the names of the persons entitled to vote in that ward, and the ward rolls collectively shall constitute the burgess roll.

(6.) A burgess shall not be enrolled in more than one ward roll.4

(7.) Where a duplicate of a burgess list is made under section thirty-one of the Parliamentary and Municipal Registration Act, 1878, it shall have the same effect as the original, and may be delivered instead thereof.5

(8.) Every person enrolled in the burgess roll shall be deemed to be enrolled as a burgess, and every person not enrolled in the burgess roll shall be deemed to be not enrolled as a burgess.

(9.) No stamp duty shall be payable in respect of the enrolment of a burgess.

1 See sub-section 7, as to duplicate of burgess list made under sec. 31 of the Parliamentary and Municipal Registration Act, 1878, being delivered instead of original.

As to the delivery of a printed copy of the burgess roll on payment of a reasonable price for the copy, see sec. 48 (1).

2 It will be observed from rule 25 in the Third Schedule, Part I., that the 15th of October is the latest day to which the mayor, in boroughs which are municipal only, can adjourn the court for the revision of the parish burgess lists. In a borough, parliamentary and municipal, the last day for revising a burgess list is the 12th of October. Parliamentary and Municipal Registration Act, 1878, 41 & 42 Vict., c. 26, s. 18 (2).

In the memorandum which prefaced the Bill as brought in, it was stated that this clause was framed with reference to Budge v. Andrews, L. R., 3 C. P. D. 510; 47 L. J., C. P. 586; 39 L. T., N.S. 166. In that case which had reference to the validity of a nomination of W., who, on the 23rd of October, 1877, was nominated for election as a councillor, it appeared that the name of W., through an omission of the overseers, was not in the burgess roll published on the 22nd of October, 1876, but he was enrolled in the burgess roll published on the 22nd of October, 1877. It was held that W., being on the burgess roll, published on the 22nd of October 1877, was entitled to be nominated for the election which was to take place on the Ist of November, and that it was not necessary that he should also be on the roll for the preceding year.

3 As to the division of a borough or ward into polling districts, see sec. 64. See rule 18 in Third Schedule, Part I, which provides with regard to boroughs which are municipal only, that if the name of any person is entered in the

parish burgess lists in respect of property situate in more than one ward, the court may call upon him to choose, and if he does not choose, may determine in which of those wards he shall be entitled to vote.

With regard to boroughs which are parliamentary and municipal, sec. 28 (14) of the Parliamentary and Municipal Registration Act, 1878, provides as follows:-"Where the name of any person appears to be entered more than once as a parliamentary voter on the lists of voters for the same parliamentary borough, or more than once as a burgess on the burgess lists for the same municipal borough, the revising barrister shall inquire whether such entries relate to the same person, and on proof being made to him that such entries relate to the same person shall retain one of the entries for voting, and place against the other or others a note to the effect that the person is not entitled to vote in respect of the qualification therein contained for the parliamentary borough or for the municipal borough, as the case may be, he being on the list for voting in respect of another qualification:

66

Any such person may, by notice in writing delivered to the revising barrister, at the opening of his first revision court, select the entry to be retained for voting, and in making such selection may select one entry to be retained for voting for the parliamentary borough, and another entry to be retained for voting as a burgess for the municipal borough, but if he does not make any selection the entry to be so retained shall be selected by the revising barrister, except in the case of freemen, in which case the entry to be retained by the revising barrister for voting shall be that on the freemen's list :

"If any question on appeal, or otherwise, arise as to the validity of the qualification for which the parliamentary voter or burgess is on the list for voting, recourse may be had for supporting the right of the voter or burgess to be on the parliamentary register or burgess roll for voting to any other qualification of such person appearing on the register or burgess roll:

"Provided always, that in the case of a municipal borough divided into wards, a vote given in or the right to vote in one ward shall not be supported by a qualification appearing on the burgess roll for some other ward."

Section 31 of the Parliamentary and Municipal Registration Act, 1878, is as follows:-"The lists, if made out in divisions under this Act, shall, when revised, be delivered to the town clerk to whom in respect of the area to which the lists relate revised parliamentary lists ought to be delivered. The revising barrister shall as part of the business of the revision, at the request of the town clerk of any municipal borough the whole or part of the area of which is co-extensive with or included in the area of a parliamentary borough, sign and deliver to him a duplicate of the whole or part of any revised list made out in divisions and relating to that municipal borough. Every such duplicate shall be prepared by the town clerk at whose request it is so signed, and shall be kept by him for use for municipal purposes."

Arrangement of Lists and Rolls.

46.-(1.) If and as far as the council so direct, the parish burgess lists, and the burgess roll, and the ward rolls (if any), and the lists of claimants and respondents, or any of those documents, shall be arranged in the same order in which the qualifying properties appear in the rate book for the parish in which they are situate, or otherwise in such order as will cause those lists and rolls to record the qualifying properties in sucessive order in the street or other place in which they are situate.

E

(2.) Subject to any such direction, and to the provisions. of this Act as to polling districts, the arrangement of the lists and rolls shall be alphabetical.

As to polling districts, see sec. 64.

Correction of Burgess Roll.

47.-(1.) Where the parish burgess lists are revised under the Parliamentary and Municipal Registration Act, 1878, the burgess roll is subject to alteration or correction in manner provided by section thirty-five of that Act.1

(2.) Where the parish burgess lists are revised under this Act, any person whose claim has been rejected or name expunged at the revision of the lists may apply, within two months after the last sitting of the revision court, to the High Court in the Queen's Bench Division for at damus to the mayor to insert his name in the burgess roll; and thereupon the court shall inquire into the title of the applicant to be enrolled.2

man

(3.) If the court grants a mandamus, the mayor shall insert the name in the burgess roll, and shall add thereto the words "by order of Her Majesty's High Court of Justice," and shall subscribe his name to those words.

1 Section 35 of the Parliamentary and Municipal Registration Act, 1878, is as follows:- Where burgess lists are revised under this Act, the provisions of the Parliamentary Registration Acts as to appeal from the decision of the revising barrister shall apply to a decision on the revision of the burgess lists, and the provisions of the said Acts as to the alteration or correction of the register in pursuance of any judgment or order of the court of appeal shall apply to the alteration or correction of the burgess roll made up from the burgess lists as if it were a register of parliamentary voters, except that the notice of the judgment or order shall be given to the town clerk having the custody of the burgess roll, and the alteration or correction shall be made and signed by him."

In the memorandum which prefaced the Bill as brought in, it was stated that the word "shall" (after "court ") in sub-section 2, was used with reference to R. v. Mayor of Harwich, 8 A. & E. 919. In that case it was held that when a person whose name had been expunged from the burgess roll of a borough by the mayor on revision applied to the court for a mandamus, the court were bound to inquire into the title, and that it was not sufficient to show that the name of the person was inserted by the overseers in the burgess list, and was expunged by the mayor on an objection which, for want of legal notice, ought not to have been heard.

In R. v. Mayor of Lichfield, IQ. B. 453; 10 L. J., Q. B. 171; 9 Jur., 889, an inhabitant of one of the parishes in the borough, qualified to be a burgess, sent to the town clerk, before the annual revision, a claim to be placed on the burgess list. The overseers having omitted to send in any burgess list for the parish, the mayor held that the name could not be placed on any list though the qualification was proved. The burgess roll was therefore made up omitting the name. The court granted a mandamus to the mayor to insert the name in the burgess roll.

The name of A. having been struck off the burgess list on objection at the revision, he obtained a rule calling on the mayor to show cause why a mandamus should not issue, commanding him to admit him into the office of burgess of the borough. The writ was directed to the mayor alone, and he did not appear, and the court held that the objecting burgess was entitled to show cause in the absence of the mayor. They also expressed an opinion that it would in general be well in cases such as this to give notice of the rule to the objecting burgess as well as to the mayor, R. v. Mayor of Exeter, L. R., 4 Q. B. 110.

See also R. v. Mayor of New Windsor, 7 Q. B. 908, 13 L. J., Q. B. 337; R. v. Mayor of Dover, 11 Q. B. 260; 17 L. J., M. C. 75; 12 Jur., 334; R. v. Mayor of Hartlepool, 21 L. J., Q. B. 71; 15 Jur., 1138; R. v. Mayor of Eye, 9 A. & E. 670; and R. v. Mayor of Bridgnorth, 10 A. & E. 66, as to mandamus to insert name in burgess roll.

Printing and sale of Burgess Roll and other Documents.

48.-(1.) The town clerk shall cause the parish burgess. lists, the lists of claimants and respondents, and the burgess roll, to be printed, and shall deliver printed copies to any person on payment of a reasonable price for each copy.1

(2.) Subject to section thirty of the Parliamentary and Municipal Registration Act, 1878, the proceeds of sale shall go to the borough fund.2

1 Under sec. 17 of the 5 & 6 Wm. IV., c. 76, one shilling was the maximum sum which could be charged by the town clerk for a copy of the list of claimants or list of persons objected to.

2 The provisions of sec. 30 of the Parliamentary and Municipal Registration Act are as follows:

Where the whole or part of the area of a municipal borough is co-extensive with or included in the area of a parliamentary borough, the expenses properly incurred by the town clerk (including in his expenses the matters mentioned in sec. 31 of the Representation of the People Act, 1867), and the expenses properly incurred by the overseers in carrying into effect the provisions of this Act with respect to the lists of parliamentary voters and burgess lists, and all moneys received in respect of any of those lists, or in respect of any fine imposed by the revising barrister on the revision of the lists, shall be respectively paid and applied as follows:

(1.) If the area of the parliamentary borough and the area of the municipal borough are co-extensive, one-half of the expenses shall be defrayed in the manner provided by the Parliamentary Registration Acts as expenses incurred thereunder, and the other half shall be defrayed out of the borough fund, and one-half of the moneys received as aforesaid shall be applied in the manner directed in those Acts, and the other half shall be paid to the borough fund:

(2.) In all other cases the expenses and receipts in respect of the area common to the parliamentary borough and to a municipal borough shall, as to one-half thereof, be defrayed and applied as expenses and receipts under the Parliamentary Registration Acts, and shall as to the other half thereof be defrayed out of and paid to the borough fund of such municipal borough:

And the expenses and receipts in respect of an area exclusively parliamentary shall be defrayed and applied as expenses and receipts under the Parliamentary Registration Acts: