shall be applied in like manner as any other fine imposed by 41 & 42 Vict. the revising barrister under the Parliamentary Registration Acts. See ss. 51 and 52 of the Act of 1843, p. 101. c. 26. or refuses to state case. 37. If any person feels aggrieved by a revising barrister Appeal where neglecting or refusing to state any case, he may, within one revising barmonth after such neglect or refusal, apply to the High Court of rister neglects Justice upon affidavit of the facts for a rule calling on the revising barrister, and also on the person (if any) in whose favour the decision from which the applicant desires to appeal was given, to show cause why a rule should not be made directing the appeal to be entertained and the case to be stated, and thereupon the High Court, or any judge thereof in chambers, may make such rule to show cause, and make the same absolute, or discharge it with or without payment of costs as seems just, and the revising barrister on being served with any such rule absolute shall state the case accordingly, and the case shall be stated and the appeal entertained and heard, notwithstanding any limitations of time or place contained in the Parliamentary Registration Act, 1843. See ss. 42, 62, and 64 of the Act of 1843. It is believed that in no case since the passing of this Act has it been yet (1885) necessary to bring the provisions of this section into operation. As to further appeal to Court of Appeal by leave, see s. 14 of the Judicature Act, 1881, 44 & 45 Vict. c. 68, p. 163. 38. The costs of an appellant against a decision of a revising Costs of appeal. barrister may, if the appeal is successful, be ordered by the court hearing the appeal to be paid by the clerk of the peace or town clerk named as respondent in the said appeal, whether he shall or shall not appear before the said court in support of the decision. For enabling an appellant to obtain such an order he may at or before the time of making his declaration of appeal under section forty-two of the Parliamentary Registration Act, 1843,* * require the revising barrister to name the clerk of the peace for the county or the town clerk for the parliamentary borough or municipal borough, as the case may be, to which the appeal relates to be respondent in the appeal. The revising barrister if so required shall, and in any case may, name such clerk of the peace or town clerk, as the case may be, to be respondent in an appeal, either alone or in addition to any other person referred to in section forty-three of the Parliamentary Registration Act, 1843.† The expenses properly incurred by a clerk of the peace or town clerk as respondent, including any costs which he may be ordered to pay to the appellant in any such appeal, shall be allowed to him as part of the expenses incurred by him in respect of the revision of the list to which the appeal relates. The term "expenses" in this section shall include all matters p. 94. † p. 96. M 41 & 42 Vict. c. 26, s. 38. p. 128. † p. 108. Power to make rules for proceedings at revision courts. Rules to be laid before Parlia ment. Service of notices. + p. 114. "Notice." [Municipal.] Saving for existing regis ters. Universities. mentioned in section thirty-one of the Representation of the People Act, 1867.* The costs of an appeal against a decision of a revising barrister shall be in the discretion of the court hearing the appeal, subject, except as aforesaid, to the proviso contained in section seventy of the Parliamentary Registration Act, 1843.† 39. The authority having power to make rules for regulating the practice and procedure in her Majesty's High Court of Justice may from time to time make, and when made alter and annul, rules for regulating the practice and procedure in the courts of revising barristers for the purposes of the Parliamentary Registration Acts and of this Act. All rules made under this section shall be laid before each House of Parliament within forty days next after the same are made, if Parliament is then sitting, and if not, within forty days after the beginning of the then next sitting of Parliament, and if an address is presented to her Majesty by either of the said Houses within the next subsequent forty days on which the said House shall have sat praying that any such rule be annulled, her Majesty may by Order in Council annul the same, and any rule so annulled shall thenceforth be of no effect, but without prejudice to the validity of any proceedings in the meantime taken thereunder. All such rules shall while in force have effect as if enacted in this Act. The authority to make rules under this section is apparently, by s. 17 of the Judicature Act, 1885, as amended by s. 19 of the Judicature Act 1881, a committee of eight judges, with a quorum of five; but no rules of procedure have as yet (August, 1885), been made under this section. 40. The provisions of section one hundred and one of the Parliamentary Electors Registration Act, 1843, as to the service of notices shall apply to the service of notices under this Act. The term "notice" in the Parliamentary Registration Acts and this Act shall include any document required to be sent or delivered. 41. Section thirteen of the Ballot Act, 1872, shall, with respect to any municipal election, apply to non-compliance with any of the provisions of or mistake or error in the use of any of the forms prescribed by the Municipal Elections Act, 1875. 42. Nothing in this Act shall affect any register of parliamentary voters or burgess roll in force at the commencement of this Act. 43. Nothing in this Act shall affect the provisions contained in section seventy-eight of the Reform Act, 1832. S. 78 of the Reform Act, 1832, which saves the Universities of Oxford and Cambridge from the operation of that Act, is repealed by s. 15 of the Act of 1885, p. 175. SCHEDULE. [Forms of Precept Lists, Claims, Notices of Objection, &c., for Boroughs, prescribed by 8. 8. Superseded by forms in Schedule 3 of the Act of 1885, p. 206, prescribed by s. 18 of that Act, p. 176.] 41 & 42 Vict. c. 26. 44 & 45 Vict. c. 68. Supreme Court of Judicature Act, 44 & 45 Vict. 1881. 14. The jurisdiction of the High Court of Justice to decide questions of law, upon appeal or otherwise, under the Act of the sixth and seventh years of her Majesty, chapter eighteen, the County Voters Registration Act, 1865, the Parliamentary Elections Act, 1868, the Corrupt Practices (Municipal Elections) Act, 1872, the Parliamentary and Municipal Registration Act, 1878, or any of the said Acts, or any Act amending the same respectively, shall henceforth be final and conclusive unless in any case it shall seem fit to the said High Court to give special leave to appeal therefrom to her Majesty's Court of Appeal, whose decision in such case shall be final and conclusive. See ss. 42, 62, and 64 of the Act of 1843, 6 Vict. c. 18, p. 95, and s. 37 of the Act of 1878, p. 161. The Act of 1865 contains no special provisions as to appeal. Prior to this fourteenth section of the Judicature Act, 1881, there was, as assumed by this section, though the question may have admitted of doubt, an appeal by leave under s. 45 of the Judicature Act, 1843: Crush v. Turner, 3 Ex. D. 43, although it is believed that no appeal was in fact heard. For instances of leave to appeal since the passing of this enactment, see Bradley v. Baylis, 8 Q. B. D. 195; Ancketill v. Baylis, 10 Q. B. D. 577; and Nuth v. Tamplin, 8 Q. B. D. 247. 48 Vict. c. 15. An Act to assimilate the Law affecting the Registration of Section. 1. Extension to county voters of borough system of registration 2. Adaptation of Acts as regards lists of county voters c. 68. Appeal from High Court, by leave, to Court of Appeal. 48 Vict. c. 15. PAGE 165 166 3. Alteration of dates. 167 4. Period for revision-Evening sittings-Revision by polling districts -Double entries in counties, &c. 167 5. Double entries in boroughs 169 6. Saving as to registration of burgesses and voters in parishes in municipal boroughs. 170 7. Precepts from clerks of the peace and town clerks 171 8. Remuneration of clerks of the peace 172 9. Divided parishes 172 10. Special as to voters in 1885 11. £50 rental voters 12. Period of qualification by reference to July 15th 13. Constitution of polling districts 173 173 173 173 14. Expenses in case of fivided munty ursfiction PAGE 174 175 175 176 176 Whereas it is expedient that the assimilation of the county and borough occupation franchises should be followed by an assimilation of the registration law applicable to those franchises in counties and boroughs: The assimilation of the franchises was accomplished by the Representation of the People Act, 1884, p. 59, ante. BE IT THEREFORE ENACTED as follows: tem of registration. 1.-(1.) Subject to the modifications in this Act mentioned, Extension to the registration of occupation voters in parliamentary counties county occupashall be conducted in the like manner as the registration of tion voters of occupation voters in parliamentary boroughs, and the Parlia- borough sysmentary Registration Acts shall apply to parliamentary counties in like manner as they apply to parliamentary boroughs. (2.) Subject to the modifications in this Act mentioned, the following sections of the Parliamentary and Municipal Registration Act, 1878, that is to say, Partial extension of borough system to ownership voters. * Section nine* (relating to the publication of notices at post Section twenty-sevent (relating to objections to the lists of † p. 152. Section twenty-eight‡ (relating to the duties and powers of p. 153. revising barristers); and Section twenty-nines (relating to the power to fine overseers § p. 158. for neglect of duty), shall apply to the registration of ownership voters in parliamentary counties in like manner as to the registration of occupation voters; but save as aforesaid, nothing in this section shall be deemed to extend to ownership voters any of the provisions of the Parliamentary Registration Acts which relate to boroughs. (3.) In the construction of the above-mentioned Acts and Modifications sections for the purposes of their application by this section, ad hoc of there shall be made the variations following, and such other Registration variations as are necessary for carrying into effect the said application; that is to say, (a.) "Parliamentary county" shall be substituted for "parliamentary borough." Acts. |