Page images
PDF
EPUB

c. 53.

University Elections.

24 & 25 Vict. nominated in that behalf, who shall, on tendering such voting paper at the poll, read out the same; and the said vice-chancellor, pro vice-chancellor, provost, or deputy shall receive the voting papers as the same shall be delivered, and shall cause the votes thereby given, or such of them as may not appear to be contrary to the provisions of this Act, to be recorded in the manner heretofore used, in all respects as if such votes had been given by the electors attending in person; and all votes so recorded shall have the same validity and effect as if they had been duly given by the voters in person: Provided always, that no person shall be entitled to sign or vote by more than one voting paper at any election, and that no voting paper containing the names of more candidates than there are burgesses to be elected at such election shall be received or recorded: Provided also, that no voting paper shall be received or recorded unless the person tendering the same shall make the following declaration, which he shall sign at the foot or back thereof:

Voting papers may be in

spected by any

person now entitled to object to votes.

Powers of re

"I solemnly declare, that I am personally acquainted with A. B. (the voter), and I verily believe that this is the paper by which he intends to vote pursuant to the provisions of the Universities Elections Act."

Provided also, that no voting paper shall be so received and recorded if the voter signing the same shall have already voted in person at the same election: Provided also, that every such elector shall be entitled to vote in person, notwithstanding that he has duly signed and transmitted a voting paper to another elector, if such voting paper has not been already tendered at the poll.

By 8. 1 of the University Election Act, 1868 (p. 429), the declaration is amended by omitting the words as to personal acquaintance. That Act also provides for voting papers being signed in the Channel Islands.

3. It shall be lawful for any person now by law or custom authorized on behalf of any candidate to object to votes to inspect any voting paper tendered at the poll before the same shall be received or recorded, and to object to it on one or more of the following grounds:

1. That the person on whose behalf the voting paper is tendered is not qualified to vote:

2. That the person tendering the voting paper is not duly qualified in that behalf:

3. That the person in whose behalf the voting paper is tendered has already voted at that election in person or by voting paper:

4. That the voting paper bears date anterior to notice given by the returning officer of the day for proceeding to election :

5. That the voting paper is forged or falsified:

turning officer. And the returning officer, his deputy or assessor, or any officer having by law or custom power to decide objections in

c. 53.

respect of votes tendered by voters attending the poll in person, 24 & 25 Vict. shall have power to put questions to the person tendering such voting paper, and to reject, receive, and record, or receive and record as objected to or protested against, any votes tendered by voting papers: Provided, that in case the objection offered to any voting paper shall be that it is forged or falsified, such returning or other officer shall receive and record such voting paper, having previously written upon it, "Objected to as forged," or "Objected to as falsified," together with the name of the person making such objection.

4. All voting papers received and recorded at such election, Voting papers as well as any voting papers rejected for informality or on any to be filed. other ground, shall be filed and kept by the officer entrusted with the care of the poll books or other documents relating to the said election; and any person shall be allowed to examine such voting papers at all reasonable times, and to take copies thereof, upon payment of a fee of one shilling.

5. Any person falsely or fraudulently signing any voting paper in the name of any other person, either as a voter or as a witness, whether such other person shall be living or dead, and every person signing, subscribing, endorsing, attesting, certifying, tendering, or transmitting as genuine any false or falsified voting paper, knowing the same to be false or falsified, and any person falsely making any such declaration as aforesaid, or such declaration as is contained in the schedule, or with fraudulent intent altering, defacing, destroying, withholding, or abstracting any voting paper, and any person wilfully making a false answer to any question put to him by the returning or other officer as herein before provided, shall be guilty of a misdemeanor, and punishable by fine, or imprisonment for a term not exceeding one year.

Penalty for

falsely signing voting papers.

6. No such voting paper as herein before mentioned shall be Voting papers liable to any stamp duty.

not liable to stamp duty.

SCHEDULE.

UNIVERSITY ELECTION, 18 .

I A.B. [the Christian and surnames of the elector in full, his college or hall, if any, and his degree or academical rank or office, if any, to be here inserted], do hereby declare, that I have signed no other voting paper at this election, and do hereby give my vote at this election for

[blocks in formation]

Witness my hand this

day of

18

(Signed) A.B. of [the elector's place of residence to
be here inserted].

Signed in my presence by the said A.B., who is personally known to

me, on the above-mentioned

day of

18,

the

[See s. 1.]

[blocks in formation]

26 Vict. c. 20. 26 Vict. c. 20. An Act to further limit and define the Time for proceeding to Election during the Recess.

Recited Acts to be construed as if six and not fourteen

days' notice had been originally in said Acts.

[8th June, 1863.

"Whereas by the Act of the twenty-fourth of George the Third, chapter twenty-six, the Act of the fifty-second of George the Third, chapter one hundred and forty-four, and the Act of the twenty-first and twenty-second of Victoria, chapter one hundred and ten, the Speaker is enabled to issue his warrant to the Clerk of the Crown to make out new writs for the election of members of the House of Commons in certain cases during the recess of Parliament, after giving fourteen days' notice in the London Gazette: And whereas it is expedient to limit the time of notice required by the said Acts:" BE IT ENACTED as follows:

1. The Act of the twenty-fourth year of George the Third, chapter twenty-six, the Act of the fifty-second year of George the Third, chapter one hundred and forty-four, and the Act of the twenty-first and twenty-second years of Victoria, chapter one hundred and ten, shall be so construed as if six and not fourteen days' notice had been originally in the said Acts, and this Act and the said Acts shall be construed and read together.

For 24 Geo. 3, c. 26, see p. 391. For 21 & 22 Vict. c. 110, see p. 418. The Act 52 Geo. 3, c. 144, is repealed, except as to Scotland and Ireland, by 32 & 33 Vict. c. 83, s. 20.

26 & 27 Vict. c. 29.

General allegations sufficient in indictments.

26 & 27 Vict. c. 29.

[1-5. Repealed by the Corrupt Practices Act, 1883.]

[ocr errors]

6. In any indictment or information for bribery or undue influence, and in any action or proceeding for any penalty for bribery, treating, or undue influence, it shall be sufficient to allege that the defendant was at the lection at or in connection with which the offence is intended to be alleged to have been committed guilty of bribery, treating, or undue influence (as the case may require); and in any criminal or civil proceedings in relation to any such offence the certificate of the returning officer in this behalf shall be sufficient evidence of the due holding of the election, and of any person therein named having been a candidate thereat.

[7-11. Repealed by the Corrupt Practices Act, 1883.]

30 & 31 Vict. c. 102.

REPRESENTATION OF THE PEOPLE ACT, 1867.

Places for Election, and Polling Places.

9. At a contested election for any county or borough represented by three members no person shall vote for more than two candidates.

This section, since the Redistribution Act, 1885, is inoperative, as no person can vote for more than two candidates.

10. At a contested election for the City of London no person shall vote for more than three candidates.

London has now only two members (s. 4 of Redistribution Act, 1885, p. 258). 11. No elector who within six months before or during any election for any county or borough shall have been retained, hired, or employed for all or any of the purposes of the election for reward by or on behalf of any candidate at such election as agent, canvasser, clerk, messenger, or in other like employment, shall be entitled to vote at such election, and if he shall so vote he shall be guilty of a misdemeanor.

33. The Court for the election of members for each of the divisions mentioned in the second column of the said Schedule

(D) shall be holden at the places named for that purpose in the fourth column of the same schedule.

The place of elections for divisions is now provided for by s. 16 of the Act of 1885 (p. 518); so that Sched. D. has become obsolete.

30 & 31 Vict.

c. 102.

Paid agents may not vote. [See p. 474.]

Courts for the

election of

members for

counties, as in Schedule (D).

in counties.

34. In every county the justices of the peace having jurisdic- Polling places tion therein or in the larger part thereof, assembled at some court of general quarter sessions, or at some adjournment thereof, held after the passing of this Act, may, if they think convenience requires it, divide such county into polling districts, and assign to each district a polling place, in such manner as to enable each voter, so far as practicable, to have a polling place within a convenient distance of his residence; and the justices shall advertise, in such manner as they think fit, a description of the polling districts so constituted by them, and the name of the polling place assigned to each district, and shall name the polling places at which the revising barristers are to hold their courts, and no revising barrister shall be obliged to hold his courts at any polling places not so named: Provided that the Proviso as to justices of the peace for the Isle of Ely, assembled as aforesaid, Isle of Ely. shall carry into effect the provisions of this section so far as regards the said Isle of Ely; but nothing herein contained shall affect the powers conferred by any other Act of Parliament of altering polling places or polling districts, or of creating additional polling places or districts:

The local authority of every borough shall, if they think

Polling places in boroughs.

[blocks in formation]

convenience requires it, as soon as may be after the passing of this Act, divide such borough into polling districts, and the returning officer shall in the case of a contested election provide at least one booth or room for taking the poll in each polling district; and in cases where a parliamentary borough is constituted of two or more towns the distance between two of which shall exceed two miles, there shall be provided a booth or room for taking the poll in each of such towns: Where any parish in a borough is divided into or forms part of more than one polling district, the overseers shall, so far as practicable, make out the lists of voters in such manner as to divide the names in conformity with each polling district :

*

The town clerk, as defined by the Act of the sixth Victoria, chapter eighteen, shall cause the lists of voters for each borough to be copied, printed, arranged, and signed, and delivered in the manner directed by the said Act, so as to correspond with the division of the borough into polling districts:

A description of the polling districts made or altered in
pursuance of this Act shall be advertised by the local
authority in such manner as they think fit, and notice of
the situation, division, and allotment of the polling booth
or place for each district shall be given in manner now
required by law:

The local authority shall mean in every municipal borough,
and in every borough any part of which forms a municipal
borough, the town council of such borough; and in cases
where a parliamentary borough is constituted by the
combination of two or more municipal boroughs, then the
local authority shall mean the town council of that muni-
cipal borough in which the nomination takes place :
The local authority may from time to time alter any districts
made by them under this Act.

This power is now (p. 434) exercisable from time to time.

The definition in this Act of the local authority in boroughs is not interfered with by the Registration Act, 1885. As to the definition in counties, see s. 13 of that Act, p. 173. By s. 47 of the Corrupt and Illegal Practices Act, 1883 (p. 494), further directions, including the distance from the voters of the nearest polling place, are given for the division of counties and boroughs into polling districts. For further provisions as to polling districts, and the definition of the local authority, see Ballot Act, 1872, s. 5 (p. 434). Where there is no municipality in a parliamentary borough the local authority is the justices of petty sessions (s. 18 of Registration Act, 1868), and when not wholly in a petty sessional division the quarter sessions.

[35. Repealed by the Ballot Act, 1872.]

[36. Repealed by the Corrupt Practices Act, 1883.]

37. At every contested election for any county or borough, unless some building or place belonging to the county or borough is provided for that purpose, the returning officer shall,

« PreviousContinue »