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[This subsection is framed with reference to the case of Budge v. Andrews Parish and others (3 C.P.D. 510), which was a special query to the Court as to whether Burgess Lists ; a burgess on the roll in force at the time of the nomination but not on the roll Burgess Rolls ; upon which the election proceeds can properly be nominated. Held in the Ward Rolls. affirmative (by Grove and Lindley, JJ.)].
(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.
(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.*
[This subsection repeals s. 44, 5 & 6 Will. 4 c. 76:"If a burgess be rated in respect of distinct premises in two or more wards he shall be entitled to be enrolled, and to vote in such one of the wards as he shall select, but not in more tban one." A burgess of a borough, divided into wards, was on the roll for two wards ; at the election of town councillors he voted for H in one ward, and immediately afterwards voted in the other ward :—Held, that the vote for H was good; for that by voting in one ward the burgess had properly made his selection, and the fact of his voting afterwards in the other ward could not vitiate his previous vote. Reg. v. Harrald (L. R., C. P., vol 8, p. 418)].
(7.) Where a duplicate of a burgess list is made under section thirty-one of the Parliamentary and Municipal Registration Act, 1878,7 it shall have the same effect as the original, and may be delivered instead thereof.
(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.
• If a person is qualified to be a burgess in more than one ward he must elect in which ward he will be enrolled, and if he fails to do so, the revising authority may enrol him at discretion in any one of those in which bis qualification arises.
+ This section 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 muni. cipal 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 parposes," 11 & 42 Vict. c. 26.
(9.) No stamp duty shall be payable in respect of the enrolBurgess Lists ; Burgess Rolls; ment of a burgess.* Ward Rolls.
[The effect of sections 22, 44 and 45 of the Act of 1835, and sections 31 and 33 of 41 & 42 Vict. c. 26, have been preserved in this clause. See Reg. v. Strachan (L. R. C. v. 7, 463), as to operation of Stamp Act (33 & 34 Vict. c. 97, ss. 3, 102, and sch.) which imposes a penny stamp on “Voting paper." — Does not extend to voting papers used under 7 Will. 4 and i Vict. c. 78, ss. 13, 14, at a meeting of the town council of a municipal borough for the election of
aldermen). Arrangement 46.-(1.) If and as far as the council so direct, the parish of lists and rolls. 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 successive order in the street or other place in wbich they are situate.
(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.
(The effect of sections 29 and 45 of the Act of 1835, and section 21 of 41 & 42
Vict. c. 26 (1878), is preserved in this clause). Correction of 47.-(1.) Where the parish burgess lists are revised under burgess roll.
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.
[The section 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 "').
(2.) Where the parish burgess lists are revised under this Act, any person whose claim has been rejected up" name expunged
* The Stamp Acts generally provide that there shall be paid on admission in England or Ireland as a burgess, or into any corporation or company, in any city, borough or town corporate, in respect of birth, apprenticeship, or marriage, or in Ireland, in respect of being engaged in any trade, mystery or handicraft, the sum of £1; upon any other ground £3. The exemptions are admission of any person to the freedom of the City of London, by redemption and enrolment as in this subsection. As the Inland Revenue authorities attach quite a different meaning to the terms "enrolment" and "admission " (this on authority), the insertion of the subsection may be regarded as . desire to avoid the possibility of doubt on the subject.
at the revision of the lists may apply, within tuo months after the Parish last sitting of the rerision court, to the High Court in the Queen's Burgess Rolls; Bench Division for a mandamus to the mayor to insert his name
Ward Rolls. in the burgess roll ; and thereupon the court shall inquire into the title of the applicant to be enrolled.
[The word "shall" after "court” in this subsection was used with reference to the case of Reg. v. Mayor of Harwich (8 A. & E., 919). After a burgess roll had been made up in the manner provided by 5 & 6 Will 4 c. 76, the persons whose names were on the roll were entitled to vote at the election of councillors, and upon the trial of an information, their right could not be questioned.-Reg. v. Tugwell (38 L. J. R., N. S., Q. B. 12)].
(3.) If the court grants a mandamus, the mayor shall insert the name in the burgess roll, and shall add thereto the words “ order of Her Majesty's High Court of Justice," and shall subscribe his name to those words.*
[The effect of section 24 of 7 Will. 4 and 1 Vict. c. 78 (1837), and section 35 of 41 and 42 Vict. c. 26 (1878) was preserved in this clause). 48.-(1.) The town clerk shall cause the parish burgess Printing and
sale of burgess lists, the lists of claimants and respondents, and the burgess roll and other
documents. roll, to be printed, and shall deliver printed copies to any person on payment of a reasonable price for each copy.
(2.) Subject to section thirty of the Parliamentary and Municipal Registration Act, 1818, the proceeds of sale shall go to the borough fund.
[The effect of sections 15, 17 and 23 of the Act of 1836, and section 30 of 41 & 42 Vict. c. 26 (1878), is preserved in this clause. The section last referred to is 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 s. 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 money 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. And the expenses and receipts of an area exclusively municipal shall be defrayed out of and paid to the borough fund of the municipal borough comprising such area. Any expenses and receipts incurred or arising in respect of more than one such area shall be apportioned
* With the abolition of revising assessors under the County Electors Act, 1888, subsections 2 and 3 here describe a procedure now practically obsolete.
Parish between the several areas in respect of which they are incurred or arise, in the Burgess Lists; proportion as nearly as may be in which the same are incurred and arise in respect Burgess Rolls ; of the several areas, regard being had to the number of parliamentary voters or Ward Rolls.
burgesses in each area, or any other circumstances occasioning the expenses or giving rise to the receipts. The revising barrister shall, as part of the business of the revision, determine, if necessary, in respect of what area or areas any expenses or receipts are incurred or arise, and how much thereof is attributable to each area. The remuneration of the revising barrister shall be paid as horetofore under the Parliamentary Registration Acts ; Provided always, that in the case of a municipal borough whose burgess lists are revised under this Act, there shall be paid out of the borough fund to the revising barrister, by way of additional remuneration in respect of his additional work on account of the municipal revision for such municipal borough, a remuneration at the rate
mentioned in 8. 3 of the Municipal Corporations Act, 1859”). Separate list of
49.-(1.) The overseers of each parish shall at the same persons quali. Had to be coun time that they make the parish burgess list make a list of the to be burgesses, persons entitled in respect of the occupation of property in that
parish to be elected councillors, as being resident within fifteen miles although beyond seven miles from the borough.*
(2.) The provisions of this Act as to the parish burgess lists, and claims and objections relating thereto, and the revision of those lists shall, as nearly as circumstances admit, apply to the lists made under this section.
(3.) The town clerk shall arrange the names entered in these lists, when revised, in alphabetical order as a separate list (in this Act called the separate non-resident list), with an appropriate heading, at the end of the burgess roll.
[The effect of section 3 of 32 & 33 Vict. c. 55 (1869), and section 19 of 41 & 42 Vict. c. 26 (1878), is preserved in this clause. The distinction here should be noted. A “burgess " must reside within seven miles from the borough; a councillor elected under the property qualification, if resident beyond the seven miles, but within the fifteen miles, is not a burgess until he is elected].
Election of Councillors. Councillors. Borough and 50.-(1.) Where a borough has no wards, there shall be one ward elections. election of councillors for the whole borough.
(2.) Where a borough has wards, there shall be a separate election of councillors for each ward. [The effect of sections 43 and 44 of the Act of 1835 is preserved in this clause).
* See hereon section 12 of the County Electors Act, 1888, as follows:-"A list of persons occupying property in a county, and residing within fifteen miles, but more than seven miles from the county, shall be made out in accordance with section forty-nine of the Municipal Corporations Act, 1882, and that section shall apply as if it were herein re-enacted, with the substitution of county' for 'borough,' and of county elector' for burgess,' and of clerk of the peace' for 'town clerk'”; and the following qualification in subsec. 6 of sec. 76 of the Local Government Act, 1888:—“It is hereby declared that nothing in section 12 of the County Electors Act, 1888, applies to any person occupying property within a borough."
+ The extreme number of councillors named in the schedules of the Act of 1635 is forty-eight, and although special and local Acts of Parliament have in some instances varied the wards and representation, that number has not been exceeded.
Title to vote.
51.-(1). At an election of councillors, a person shall be Election of
Councillors. entitled to subscribe a nomination paper, and to demand and receive a voting paper, and to vote, if he is enrolled in the burgess roll, or, in the case of a ward election, the ward roll, and not otherwise.*
[See 22 Vict. c. 35, s. 6, where a municipal borough is divided into wards, the person nominating a candidate for town councillor, must be entitled to vote for the particular ward for which he nominates, and if he be entitled to vote only for another ward, his nomination and the election of the candidate are void. Reg. v. Parkinson, (L.R., 3 Q.B., 11)].
(2.) No person shall subscribe a nomination paper in or for more than one ward, or vote in more than one ward.
(3.) Nothing in this section shall entitle any person to do any act therein mentioned who is prohibited by law from doing it, or relieve him from any penalty to which he may be liable for doing it.
[The effect of sections 29 and 44 of the Act of 1835, section 10 of 36 & 36 Vict. c. 60 (1872), and section 5 of 38 & 39 Vict. c. 40 (1875), is preserved in this clause).
52.—The ordinary day of election of councillors shall be the Day of election. first of November. [The effect of section 30 of the Act of 1835 is preserved in this clause).
53.-(1.) At an election of councillors for a whole borough Returning the returning officer shall be the mayor. I
[There have been some important decisions given in the supreme courts with respect to the mayor's position as returning officer. The principal ones are as follows:--- Under sects.32-35 of the Act of 1835,a mayor of a borough not divided into wards, who
presides at and declares the result of an elec:ion of town councillors for the borough is precluded from being a candidate for election as town councillor, inasmuch as, acting as returning officer, he cannot return himself. Under section 28, which enacts that no person sball be eligible as councillor“ during such time as he shall hold any office or place of profit other than that of mayor" (in the disposal of the borough), the mayor is eligible as town councillor, if the borough is divided into wards, for a ward in which he is not acting as returning officer. Reg. v. Owens (2 El & +.). 86.) In another case at an election of councillors for a borough not divid d into wards, the mayor was a cand date and also acted as returning officer. There was evidence that a number of the electors who voted for him knew that he was acting as returning officer, but not of their knowledge that he was thereby disqualified from being a candidate.- Held that, although the electors who so voted were proved to have known of the fact, the legal effect of which is to disqualify a candidate, it could not without further evidence be presumed that they voted knowing that he was actually disqualified and thereby threw away their votes. Reg. v. The Mayor, Aldermen and Burgesses of Tewkesbury (37 L. J. R., N. S., Q.B. 283)].
* See section 47 (page 63 ante) as to the case of Reg. v. Tugroell.
† The most recent charters of incorporation have invariably specified under their authority this date for the first election. The convenience is obvious—two general elections within twelve months being thus avoided. By subsection 1 of section 75 of the Local Government (England and Wales) Act, 1888, the elections for county councillors, in a year in which they are elected, will be conducted together with the elections for borough councillors. See Appendix.
In such boroughs he will be the deputy of the returning officer, appointed by the county councils under the Local Government Act, 1888 (section 75, subsection 6).