Schedule to Schedule to Schedule to 66 having jurisdiction in the borough or any part thereof' (h), or "any tribunal having cognizance of petitions complaining of "undue returns or undue elections, open the sealed packet of "counterfoils after the same has been once sealed up, or be "allowed to inspect any counted ballot papers in the custody of "the town clerk of the municipal borough in which the election "'is held' (i); such order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the (k) . . . . tribunal making the order may think ex'pedient; provided that on making and carrying into effect any such order, care shall be taken that the mode in which any particular elector has voted shall not be discovered until "he has been proved to have voted, and his vote has been "declared by a competent Court to be invalid."—35 & 36 Viet. c. 33, Sched. I. Part I. r. 41. 66 66 66 66 66 "All documents forwarded by a returning officer in pursuance of this Act to the town clerk of the municipal borough "in which the election is held' (7), other than ballot papers and "counterfoils, shall be open to public inspection at such time "and under such regulations as may be prescribed by the town "clerk of the municipal borough in which the election is "held' (m), and the town clerk of the municipal borough in "which the election is held (/) shall supply copies of or extracts "from the said documents to any person demanding the same, "on payment of such fees and subject to such regulations as 66 may be sanctiond by the Treasury. 66 Where an order is made for the production by the town "clerk of the municipal borough in which the election is "held' () of any document in his possession relating to any specified election, the production by such clerk or his agent "of the document ordered, in such manner as may be directed by such order, or by a rule of the Court having power to "make such order, shall be conclusive evidence that such docu"ment relates to the specified election; and any indorsement 66 66 appearing on any packet of ballot papers produced by such (1) "town clerk of the municipal borough in which the election is "held,' or his agent shall be evidence of such papers being what "they are stated to be by the endorsement. The production "from proper custody of a ballot paper purporting to have been "used at any election, and of a counterfoil marked with the same (h) The words in the original rule here are "House of Commons," but those between inverted commas are substituted as directed by Rule 64, Clause (6), subclause (a), set out on p. 1213. (6) The words in the original are "Clerk of the Crown in Chancery," those between inverted commas being substituted as above explained. (k) The words "House, or,' are here omitted. In the original the words here are "Clerk of the Crown in Chancery," for which the words between inverted commas are substituted as before explained. (m) The words in the original here are "The Clerk of the Crown in Chancery, with the consent of the Speaker of the House of Cominous" for the reasons before explained, the words between inverted commas are substituted, 66 printed number and having a number marked thereon in "writing, shall be prima facie evidence that the person who "voted by such ballot paper was the person who at the time of "such election had affixed to his name in the register of voters "at such election the same number as the number written on "such counterfoil."—35 & 36 Vict. c. 33, Sched. I. Part I. r. 43. The effect of the above provisions may be shortly stated as follows. They confer jurisdiction on the County Court:-(1.) To order, subject to certain conditions which the Court may impose, the inspection of any rejected ballot papers, if satisfied by evidence. on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return (n); (2.) To order, subject to certain conditions, sealed packets of counterfoils to be opened, and for the inspection of counted ballot papers in the custody of the clerk of the Crown in Chancery (0). Effect of above pro visions. The powers of a County Court, under this statutory rule, have Reg. v. recently been discussed, in the case of Reg. v. Beardsall. In that case, a prosecution had been instituted against a deputy-returning officer for offences under "The Ballot Act, 1872," it was held that, on application on behalf of the prosecution, a County Court Judge had power to make an order upon the town clerk of the borough, directing him to produce and show, for the purpose of the said prosecution, certain rejected ballot papers, and spoilt ballot papers relating to the polling station over which such deputy-returning officer had presided, and to open the sealed packets containing those documents, and the marked copy of the register, and to take all such proper means as he should deem necessary in order that the mode in which any particular elector had voted should not be discovered; and that no person should be allowed to see the face of the counted ballot papers (p). Beardsall. The Ballot Act, 1872, is not one of the Acts specially men- Practice. tioned in "The County Court Rules and Orders, 1875." It consequently would appear to follow that the practice in cases under it is governed by Order XL. (q), which directs that under statutes not otherwise provided for in the rules and orders the proceedings may be either by petition or by action, commenced by plaint or summons in the ordinary mode. Should either of these modes of proceedings be resorted to the practice will be found detailed on a preceding page. It is submitted that under rule 40, above set out (r), an order may also be obtained on application made in a summary way to a County Court Judge. (n) 35 & 36 Vict c. 33, first schedule, Part I. r. 40, see ante, p. 1215, and see The Queen v. Beardsall, L. R. 1 Q. B. D. 452, cited infra. (0) Ibid, r. 41, see infra. (p) The Queen v Beardsall, L. R. 1 Q. B. D. 452. (4) Set out in full, ante, p. 887. VOL. II. () Supra, p. 1215. 4 I Form of order. The form of order at the hearing will require to be modified in such case according to the circumstances, but the order made in the case of Reg. v. Beardsall (above cited) will be found a useful general precedent (s). (s) The Form of Order in the case referred to, was as follows: THE BALLOT ACT, 1872. "The Corrupt Practices (Municipal Elections) Act, 1872. In the County Court "of Cheshire, holden at Stockport, the 25th day of February, 1876. In the matter of prosecutions against Joseph Beardsall, for personation and "other offences against the Ballot Act, alleged to have been committed by him as presiding officer at the election of town councillors for Heaton Norris ward, "in the borough of Stockport, held on the 1st day of November, 1875. 66 66 Upon hearing Mr. Frances Newton solicitor on behalf of George Massey the prosecutor, and the said Joseph Beardsall, and being satisfied by evidence on "oath that the inspection and production of the under-mentioned election "documents are required for the purpose of instituting or maintaining a prose"cution against the said Joseph Beardsall, for an offence or offences in relation "to ballot papers, it is ordered that Mr. Walter Hyde, the town clerk for the "said borough of Stockport, do produce and show for inspection to the said "George Massey, and his solicitor or agent, on Thursday, the 2nd day of March, "1876, at such hour as the said town clerk shall appoint, and such other days and "hours as may be convenient to the said town clerk, at the Court House, in "Vernon Street, in the said borough, the under-mentioned documents and papers, and also, after being served with a summons or subpoena for that purpose, to produce and show the same for inspection at any time or times as may be required under the summons or subpoena in any Court as evidence for "the purpose of maintaining the said prosecutions against the said Joseph "Beardsall for the offences aforesaid. 66 "1. The rejected ballot papers relating to the said election for Heaton Norris "Ward. "2. The counterfoils of the ballot papers marked by the presiding officer in "Booth A to B, relating to the said election. "3. The counted ballot papers relating to the said election, particularly the "ballot papers corresponding to the following numbers written on the said "counterfoils [stating certain numbers]. 4. The spoilt ballot papers relating to the same polling station. "And it is further ordered for the purposes aforesaid, that the said town clerk "do cause to be opened the sealed packets containing the said rejected ballot papers, the counterfoils of the ballot papers used at polling station A to B re"lating to the said election, the marked copy of the register used in the same "polling station, the counted ballot papers, the spoilt ballot papers relating to "the same polling station at the said election, and to break any other seal or "seals which may be necessary for the purposes aforesaid, and that the said "town clerk do by himself or by some person or persons to be by him appointed "for that purpose, attend on such production and inspection during the whole "time thereof. And further, that the said town clerk and such other persons "shall take and use all such proper means and precautions as he shall deem "necessary in order that the mode in which any particular elector has voted "shall not be discovered; and in order that no person see the face of any "counted ballot paper, and in order that the said documents and papers so to be "produced and inspected shall be safely kept from loss, damage, or other matter "or thing, whereby the same, or any of them shall be injured, prejudiced, or "altered in any way. "It is further ordered that the town clerk shall immediately after each such production and inspection, return the said documents to their packets and "reseal the same. "It is further ordered that the persons entitled to be present at the said in"spection are the town clerk and his assistants, the said George Massey and his "solicitor or agent, and the said Joseph Beardsall and his solicitor or agent, and "the worshipful the mayor of Stockport, or, in his absence, the deputy mayor "of Stockport. "It is lastly ordered that no person shall be allowed to see the face of any "counted ballot paper. "A copy of this order shall be served on the said Joseph Beardsall, or his solicitor, and on the town clerk." BOOK V.-DIVISION V. PROCEEDINGS UNDER STATUTES RELATING TO CHAPTER II. ENQUIRIES UNDER THE COAL MINES REGULATION ACT, 1872. "THE Coal Mines Regulation Act, 1872"-35 & 36 Vict. c. 76-consolidates and amends the law relating to the regulation and inspection of coal mines, mines of stratified ironstone, mines of shale, and mines of fire-clay (a). It regulates the employment in mines of women, young persons, and children (b), and the employment of persons, in contravention of the provisions of the Act, is visited with penalties (c). Moreover, the Act contains a series of regulations as to the mode of working mines, and provides for the establishment in every mine of special rules, calculated to prevent dangerous accidents, for the guidance of persons acting in the management of mines (d). A copy of such special rules, certified by an inspector under the Act, is made evidence of such special rules and of the fact that they are duly established under the Act, and have been signed by the inspector (e). Every mine is placed under the control and daily supervision of a manager appointed by the owner or agent of the mine (f), and such manager must be registered as the holder of a certificate of competency under the Act, which is granted by examiners appointed by a secretary of state (g), except in the case of persons who were acting as managers at the time of the passing of the Act as to whom certificates of service are granted by a secretary of state (h). A secretary of state may direct an inquiry into Outline of Mines Regulation Act, 1872." "The Coal Sect. 31. Powers of inspectors. The Coal Mines Regulation Act, 1872, s. 45. Notice by inspectors of causes of danger not provided for by the rules. the competency of certificated managers, as will presently be 66 66 66 : (1.) To make such examination and inquiry as may "be necessary to ascertain whether the pro "visions of this Act relating to matters above 66 'ground or below ground are complied with in "the case of any mine to which this Act applies: (2.) To enter, inspect, and examine any mine to which "this Act applies, and every part thereof, at all "reasonable times by day and night, but so as "not to impede or obstruct the working of the "said mine: 66 "(3.) To examine into and make inquiry respecting the "state and condition of any mine to which this "Act applies, or any part thereof, and the venti"lation of the mine, and the sufficiency of the special rules for the time being in force in the "mine, and all matters and things connected "with or relating to the safety of the persons 'employed in or about the mine or any mine contiguous thereto : 66 "(4.) To exercise such other powers as may be necessary "for carrying this Act into effect. "Every person who wilfully obstructs any inspector in the "execution of his duty under this Act, and every owner, agent, " and manager of a mine who refuses or neglects to furnish to "the inspector the means necessary for making any entry, "inspection, examination, or inquiry under this Act, in rela"tion to such mine, shall be guilty of an offence against this "Act."-35 & 36 Vict. c. 76, s. 45. 66 "If in any respect (which is not provided against by any "express provision of this Act, or by any special rule) any inspector find any mine to which this Act applies, or any part thereof, or any matter, thing, or practice in or connected "with any such mine, to be dangerous or defective, so as in "his opinion to threaten or tend to the bodily injury of any 66 |