whenever it is practicable so to do, instead of erecting a booth, 30 & 31 Vict. hire a building or room for the purpose of taking the poll. c. 102. For the cost of polling stations per place, see p. 400; per station, p. 469; as to using room in school, &c., see p. 435. [38. Commencement of register. See Part II., "Registration of Electors."] [39. Repealed by the Ballot Act, 1872.] [40. Disqualification by parochial relief in counties. See Part I., "Qualification of Electors."] Election in University of London. 41. The Vice-Chancellor of the University of London shall Returning be the returning officer for such University, and the writ for Officer for any election of a member to serve in Parliament for such uni- University of versity shall be directed to such Vice-Chancellor. 42. The Vice-Chancellor of the University of London shall proceed to election, in pursuance of any writ to be directed to him as herein before mentioned, within six days after the receipt of such writ, giving three clear days' notice of the day and place of election, exclusive of the day of proclamation and the day of election; and the Vice-Chancellor shall after such election certify the same, together with such writ, according to the directions thereof. 43. At every contested election of a member or members to serve in Parliament for the University of London the polling shall commence at eight o'clock in the morning of the day next following the day fixed for the election, and may continue for not more than five days (Sunday, Christmas Day, Ascension Day, and Good Friday being excluded), but no poll shall be kept open later than four o'clock in the afternoon. London. Elections for that University six days after to proceed in receipt of writ. Polling may continue five days. 44. At every election of a member to serve in Parliament Polling place. for the University of London the Vice-Chancellor shall appoint the polling place, and also shall have power to appoint two or more pro Vice-Chancellors, any one of whom may receive the Pro Vicevotes and decide upon all questions during the absence of such Chancellors. Vice-Chancellor; and such Vice-Chancellor shall have power to appoint poll-clerks and other officers, by one or more of whom Poll-clerks. the votes may be entered in the poll book, or such number of poll books as may be judged necessary by such Vice-Chancellor ; and such Vice-Chancellor shall, not later than two o'clock in the afternoon of the day next following the close of the poll, openly declare the state of the poll and make proclamation of Declaration of the members chosen. poll. 45. All the provisions of an Act passed in the twenty-fourth Voting papers. and twenty-fifth years of her present Majesty, entitled "An Act to provide that Votes at Elections for the Universities may be recorded by means of Voting Papers,"* shall apply to every p. 420. election of a member for the University of London. [46. Residence of electors for the city of London extended to 25 miles, see ante, Part I.] Miscellaneous. 47. In any borough named in Schedules (B.) and (C.) to this Act annexed, which is or includes a municipal borough, the mayor of such municipal borough shall be the returning officer, and in the other cases the returning officer shall be appointed in the same manner as if such places were included amongst the boroughs mentioned in Schedules (C.) and (D.)* of the Act of the second year of his late Majesty William the Fourth, chapter forty-five, for which no persons are mentioned in such schedules as returning officers. S. 12 of the Redistribution of Seats Act, 1885 (p. 516), has a similar provision of the returning officers of boroughs constituted under that Act. [48. Boundary Commissioners.] 49. Any person, either directly or indirectly, corruptly paying any rate on behalf of any ratepayer for the purpose of enabling him to be registered as a voter, thereby to influence his vote at any future election, and any candidate or other person, either directly or indirectly, paying any rate on behalf of any voter for the purpose of inducing him to vote or refrain from voting, shall be guilty of bribery, and be punishable accordingly; and any person on whose behalf and with whose privity any such payment as in this section is mentioned is made shall also be guilty of bribery, and punishable accordingly. For the punishment of bribery, see Corrupt and Illegal Practices Act, 1883, ss. 3-6 (p. 467). This section is scheduled to that Act as part of the definition of bribery (p. 513). 50. No returning officer for any county or borough, nor his deputy, nor any partner or clerk of either of them, shall act as agent for any candidate in the management or conduct of his election as a member to serve in Parliament for such county or borough; and if any returning officer, his deputy, the partner or clerk of either of them, shall so act, he shall be guilty of a misdemeanor. This section is by s. 11 of the Ballot Act (p. 437) applied to officers appointed by the returning officer. 51. Whereas great inconvenience may arise from the enactments now in force limiting the duration of the Parliament in being at the demise of the Crown: Be it therefore enacted, That the Parliament in being at any future demise of the Crown shall not be determined or dissolved by such demise, but shall continue so long as it would have continued but for such demise, unless it should be sooner prorogued or dissolved by the Crown, anything in the Act passed in the sixth year of her late Majesty Queen Anne, chapter seven, in any way notwithstanding. The Act referred to (which is 6 Anne, c. 41, Rev. Stat.) provides that if Parliament be adjourned or prorogued at the demise of the Crown, it shall immediately sit and act. [52. See "Disqualification of Candidates," Part IV.] 53. Any copy of any of the said reports by the said Commissioners appointed for the purpose of making inquiry into the existence of corrupt practices in any of the said boroughs of Totnes, Great Yarmouth, Lancaster, or Reigate, with the schedules thereof annexed, and purporting to be printed by the Queen's printer, shall for the purposes of this Act be deemed to be sufficient evidence of any such report of the said Commissioners, and of the schedules annexed thereto. [56. See "Qualification of Electors,” Part I.] 57. From and after the passing of this Act, the County Palatine of Lancaster shall cease to be a county palatine, in so far as respects the issue, direction, and transmission of writs for the election of members to serve in Parliament for any division of the said county or for any borough situate in the said county; and such writs may be issued under the same seal, be directed to the like officer, and transmitted in the like manner, under, to, and in which writs may be issued, directed, and transmitted in the case of divisions of counties and boroughs not forming part of or situate in a county palatine; and any writ issued, directed, and transmitted in manner directed by this section shall be valid accordingly. Extended by s. 21 of 31 & 32 Vict. c. 58, infra, to the County Palatine of Durham. 30 & 31 Vict. c. 102. Reports of certain Commissioners printed by Queen's printer to be evidence. As to issue of Palatine of 58. All writs to be issued for the election of members to Writs, &c., serve in Parliament, and all mandates, precepts, instruments, to be made proceedings, and notices consequent upon such writs or relating conformable to the registration of voters, shall be framed and expressed in such manner and form as may be necessary for the carrying the provisions of this Act into effect. to this Act. 61. The following terms shall in this Act have the meanings Interpretation hereinafter assigned to them, unless there is something in the of terms: context repugnant to such construction; (that is to say,) "Month" shall mean calendar month: "Month: " "Member: "Member" shall include a knight of the shire: "Election" shall mean an election of a member or members "Election:" to serve in Parliament: "County: " "County" shall not include a county of a city or county of " "Borough" shall mean any borough, city, place, or combina- "Borough:" "Dwelling-house" shall include any part of a house occupied "Dwelling house: " 30 & 31 Vict. c. 102, s. 61. Definitions. "The Registration Acts:" as a separate dwelling, and separately rated to the relief of the poor : (a) "The Registration Acts" shall mean the Act of the sixth year of the reign of her present Majesty, chapter eighteen, and the Act of the twenty-eighth year of the reign of her present Majesty, chapter thirty-six, and any other Acts or parts of Acts relating to the registration of persons entitled to vote at and proceedings in the election of members to serve in Parliament for England and Wales. 31 & 32 Vict. c. 58, ss. 18, 21, 33. Local authority for polling districts to act from time to time. * p. 423. ↑ Lancaster. p. 427. Returning officer when 31 & 32 Vict. c. 58, ss. 18, 21, 33. 18. The local authority within the meaning of the same section [s. 34 of the Act of 1867, p. 423] in boroughs where the town council is not the local authority shall be the justices of the peace of the petty sessional division in which such borough is situate, or if such borough be situate in or comprise more than one petty sessional division, then the justices in general or quarter sessions having jurisdiction over such borough, or the greater part thereof in area. The power of dividing their county into polling districts and assigning to each district a polling place vested in the justices of the peace by the thirty-fourth section of the Representation of the People Act, 1867,* may be exercised by such justices from time to time, and as often as they shall think fit, and the said power of dividing a county into polling districts shall be deemed to include the power of altering any polling district or polling districts. 21. Section fifty-seven† of the Representation of the People Act, 1867, with respect to the County Palatine of Lancaster, and the issue, direction, and transmission of writs for the election of members to serve in Parliament for any division of the said county, or for any borough situate therein, shall be construed to extend to and include the County Palatine of Durham. 33. Whenever a borough returning a member or members to serve in Parliament becomes a municipal borough the auparliamentary thority of the person who may for the time being be acting as returning officer shall cease, and the mayor shall take his place, subject nevertheless to the repayment to such firstmentioned returning officer of any expenses properly incurred by him in the execution of the duties of his office. borough becomes municipal borough. (a) Repealed by the Registration Act, 1878. 31 & 32 Vict. c. 65. An Act to amend the Law relating to the use of Voting Papers in Elections for the Universities. 31 & 32 Vict. c. 65. 1. The said recited form of declaration shall not be re- Substituted quired, and there shall be substituted in place thereof the form of declaration following, that is to say: 'I solemnly declare that I verily believe that this is the 'paper by which A.B. (the voter) intends to vote pursuant to the provisions of the "Universities Election Acts, 1861 ' and 1868." For recited form of declaration, see 24 & 25 Vict. c. 53, s. 2 (p. 421). declaration by party tender ing voting paper. 2. The second section of the said first-mentioned Act shall, As to London in reference to the University of London, be construed as if the University. words "in the manner heretofore used" were omitted therefrom. Channel 3. A voting paper for the election of any burgess or member Voting papers to serve in Parliament for any Universities or University, in signed in respect of which the provisions of the said first-mentioned Act may for the time being be in force, may be signed by a voter being in one of the Channel Islands, in the presence of the following officers, that is to say, (1.) In Jersey and Guernsey, of the bailiffs, or any lieutenantbailiff, jurat, or Juge d'Instruction. (2.) In Alderney, of the Judge of Alderney or any jurat. (3.) In Sark, of the seneschall or deputy-seneschall. And for the purpose of certifying and attesting the signature of such voting paper, each of the said officers shall have all the powers of a justice of the peace under the first-mentioned Act, and a statement of the official quality of such officer shall be a sufficient statement of quality in pursuance of the provisions of the said Act. 4. This Act may be cited for all purposes as "The Universities Titles. Election Act, 1868," and the said first-mentioned Act and this Act may be cited together as "The Universities Election Acts, 1861 and 1868." |