on highways in England and Wales to be transmitted to the Secretary of State, and afterwards laid before Parliament (section 2.) 12 & 13 Vict. c. 82.-An Act to relieve boroughs, in certain cases, from contribution to certain descriptions of county expenditure. 13 & 14 Vict. c. 20.-An Act to amend an Act of the fifth and sixth years of Her present Majesty for the appointment and payment of parish constables (section 7). 13 & 14 Vict. c. 105.-An Act for facilitating the union of liberties with the counties in which they are situate (section 10). 14 & 15 Vict. c. 28.-An Act for the well-ordering of common lolginghouses (section 2). 14 & 15 Vict. c. 34.-An Act to encourage the establishment of lodginghouses for the labouring classes (section 2). 16 & 17 Vict. c. 73.-An Act for the establishment of a body of naval coast volunteers, and for the temporary transfer to the navy, in case of need, of seafaring men employed in other public services (section 24). 16 & 17 Vict. c. 97.-The Lunatic Asylums Act, 1853 (section 9). 17 & 18 Vict. c. 71.-An Act to amend the law concerning the making of borough rates in boroughs not within the Municipal Corporation Acts. 17 & 18 Vict. c. 87.-An Act to make further provision for the burial of the dead in England beyond the limits of the metropolis (section 3). 17 & 18 Vict. c. 105.-The Militia Law Amendment Act, 1854 (section 11). 18 & 19 Vict. c. 57.-An Act further to amend the laws relating to the militia in England (section 7). 18 & 19 Vict. c. 121.-The Nuisances Removal Act for England, 1855. 19 & 20 Vict. c. 69.-An Act to render more effectual the police in counties and boroughs in England and Wales. 20 & 21 Vict. c. 81.-An Act to amend the Burial Acts. 22 & 23 Vict. c. 40.-An Act for the establishment of a reserve volunteer force of seamen, and for the government of the same (section 25). 23 & 24 Vict. c. 68.-An Act for the better management and control of the highways in South Wales. 25 & 26 Vict. c. 61.-An Act for the better management of highways in England. 26 & 27 Vict. c. 13.-An Act for the protection of certain garden or ornamental grounds in cities and boroughs. 26 & 27 Vict. c. 97.-The Stipendiary Magistrates Act, 1863 (section 2). 28 & 29 Vict. c. 126.-The Prison Act, 1865 (section 4). 30 & 31 Vict. c. 102.-The Representation of the People Act, 1867. 31 & 32 Vict. c. 22.-The Petty Sessions and Lock-up House Act, 1868 (section 3). 31 & 32 Vict. c. 46.-The Boundary Act, 1868 (First Schedule). 31 & 32 Vict. c. 58.-The Parliamentary Electors Registration Act, 1868. 31 & 32 Vict. c. 125.-The Parliamentary Elections Act, 1868 (sections 43 and 45). 31 & 32 Vict. c. 130.-The Artizans and Labourers Dwellings Act, 1868 (section 3), 33 & 34 Vict. c. 75.-The Elementary Education Act, 1870 (section 3). 33 & 34 Vict. c. 78.-The Tramways Act, 1870 (Schedule A.). 34 & 35 Vict. c. 56.-The Dogs Act, 1871 (Schedule). 34 & 35 Vict. c. 105.-The Petroleum Act, 1871 (section 2). 35 & 36 Vict. c. 38.-The Infant Life Protection Act, 1872 (First Schedule). 35 & 36 Vict. c. 91.-An Act to authorize the application of funds of municipal corporations and other governing bodies in certain cases. 38 & 39 Vict. c. 17.-The Explosives Act, 1875 (section 108). 38 & 39 Vict. c. 55.-The Public Health Act, 1875 (section 4). 38 & 39 Vict. c. 83.-The Local Loans Act, 1875 (section 34). 39 & 40 Vict. c. 56.-The Commons Act, 1876 (section 37). 40 & 41 Vict. c. 21.-The Prison Act, 1877 (section 59). 41 & 42 Vict. c. 49.-The Weights and Measures Act, 1878 (Fourth Schedule). 41 & 42 Vict. c. 74.-The Contagious Diseases (Animals) Act, 1878 (sections 7 and 66). 41 & 42 Vict. c. 77.-The Highways and Locomotives (Amendment) Act 1878 (section 38). PART II. Particular References. 14 & 15 Vict. c. 55.-An Act to amend the law relating to the expenses of prosecutions and to make further provisions for the apprehension and trial of offenders in certain cases: In section 24, for Schedule C. to the Municipal Corporations Act, 1835, the Sixth Schedule to this Act. 33 & 34 Vict. c. 91.-The Clerical Disabilities Act, 1870: In the First Schedule, for section 28 of the Municipal Corporations Act, 1835, so much of the provision of this Act relative to disqualifications for being councillor as relates to being in holy orders. 213 APPENDIX. GENERAL RULES UNDER THE PROVISIONS OF SECTION 100 (SEE PAGE 100). General Rules of the Judges under the Corrupt Practices (Municipal Elections) Act, 1872. Rule 1. Petition, mode of presenting, receipt of same, copy of petition. 2. Petition, contents and form of. 3. Petitions to be divided into paragraphs, numbered, &c. 4. Petition, conclusion of. 5. Petition, form of. 6. Petition, evidence need not be stated, court may order particulars. 7. When office claimed because of a majority of votes, a list of votes objected to and heads of objection to each to be delivered. 8. When respondent intends to disqualify person claiming the seat, a list of votes objected to and heads of objection to be delivered. 9. With petition, petitioners to leave with master the name of some attorney entitled to practise in the High Court of Justice as agent. 10. A person elected may leave notice with a Master appointing an attorney to act as his agent should there be a petition, or stating that he intends to act for himself, &c. 11. The master to keep a book to enter addresses of agent. 12. The master to send a copy of petition to town clerk, with name of petitioner's agent, &c., town clerk to publish from particulars cost of publication. 13. Time of giving notice of presentation of petition. 14. Service of petition where respondent has named an agent, service of petition where no agent named, when personal. 15. Evasion of service of petition, provision in case of. 16. As to deposit of money by way of security of costs and charges. 17. Receipt of certificate of, to be filed by the master, account to be kept in a book open to inspection. 18. The recognisance as security, how to be acknowledged, one or more recognisances may be taken. 19. What the recognisance is to contain, form of. 20. The recognisance to be left at the master's office. 21. Time of giving notice of objection to recognisance. 22. Of objections to the recognisance. 23. Objections to be heard by the master, subject to appeal. 24. The hearing and decision either upon affidavit or examination of witnesses. 25. If security be declared sufficient, its sufficiency to be deemed to be established within the meaning of the 13th section. 26. If objection to the security be allowed, the master or judge to state what amount he deems requisite to make the security sufficient, &c. 27. How costs to be paid. 28. As to costs of hearing and deciding an objection to recognisance, affidavit of sufficiency. 29. The effect on an order of the master for payment of costs. 30. The master to make out a "municipal election list," its contents open to inspection. 31. Trial of petition-Time of to be fixed by the judges on the rota, the master to give notice to the parties, and public notice. 32. The master to stick up notice of trial in his office. 33. Notice of trial, form of. 34. A judge may postpone commencement of the trial. 35. Trial to stand adjourned to next day in the event of the barrister not having arrived. 36. Adjournment-No formal adjournment necessary. 37. Special case-Application to state. 38. Title of the court and of proceedings. 39. An officer of the court, similar to the clerk of assize or arraigns, to be appointed, to be called the registrar of the court. 40. Costs of witnesses to be ascertained by registrar, certificate, allowing them to be given unless the court should otherwise order. 41. Witness-Order of court to compel attendance of. 42 Contempt-Warrant of commitment for. 43. To whom to be directed -Authority of. 44. Interlocutory matters to be disposed of by a judge. 45. Withdrawing petition-Notice of application for leave to withdraw petition -Form of notice. 46. Notice to be left at master's office. 47. Copy of notice of intention to apply to withdraw petition to be given to respondent and town clerk-Form of notice. 48. Any person who may have been a petitioner may apply to be substituted. 49. Time and place for hearing application to be fixed by a judge-Notice to be given. 50. Notice of abatement of petition. 51. Proceedings where petitioner dies. 52. Manner and time of respondent's giving notice that he does not intend to oppose petition. 53. Upon such notice being given, master to send copy to petitioner and to town clerk. 54. Time for applying to be admitted as a respondent. 55. Taxation and recovery of costs. 56. Agent for the parties to leave notice of appointment with master. 57. No proceedings defeated by any formal objection. 58. As to publication of rules. Additional General Rules (10th December, 1872). 1. As to claims to money deposited in the Bank of England pursuant to rule 16. 2. As to return or disposition of money so deposited. 3. Rule or order as to same after notice and proof that all just claims have been satisfied. 4. Rule or order may direct payment either to party in whose name it is made or to any other person entitled to receive same. 5. Upon such rule or order being made the amount may be drawn. 6. The draft of the judge to be a sufficient warrant for payment. 7. The barrister may appoint a person to act as crier and officer of court. 8. Shorthand writer to be the shorthand writer to the House of Commons. Additional General Rules (27th January, 1875). 1. A copy of every order and of every particular delivery to be filed with master, and be produced at the trial by registrar. 2. Petitioner or his agent immediately after notice of the presentation of petition and nature of proposed security to file an affidavit of service thereof. 3. The days mentioned in rules 7 and 8 and in any rule of court or judge's order or any act to be done so many days before the day appointed for trial, to be reckoned exclusively of the day of delivery or doing the act, and exclusive of Sunday, Christmas Day, Good Friday, and any day of public fast or thanksgiving. 4. Provision where the last day falls on a holiday. 5. Rule 40 revoked, and provision in lieu thereof. MICHAELMAS TERM, 1872. RULES REFERRED TO IN SECTION 100, SUBSECTION 6, (SEE PAGE 100). GENERAL RULES FOR the effectual execution of "The Corrupt Practices (Municipal Elections) Act," 1872, made by Sir COLIN BLACKBURN, Knight, one of the Justices of the Queen's Bench; Sir HENRY SINGER KEATING, Knight, one of the Justices of the Common Pleas; and Sir ANTHONY CLEASBY, Knight, one of the Barons of the Exchequer ; The Judges for the time being on the rota for the trial of election petitions in England, pursuant to the Parliamentary Elections Act, 1868. 1. The presentation of a Municipal Election Petition shall be made by leaving at the office of the Master for the time being nominated by the Chief Justice of the Common Pleas, under the Parliamentary Elections Act, 1868, and such Master or his clerk shall (if required) give a receipt which may be in the following form: Received on the day of at the Master's office, a petition touching the election of A.B., alderman, councillor, [&c. as C.D., Master's Clerk. With the petition shall also be left a copy thereof for the Master to send to the town clerk, pursuant to section 13, subsection (1), of the Municipal Elections Act. 2. A municipal election petition shall contain the following statements: (1.) It shall state the right of the petitioner or petitioners to petition within section 13, subsection (1), of the Act: (2.) It shall state the holding and result of the election, and shall briefly state the facts and grounds relied on to sustain the prayer. 3. The petition shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively, and no costs shall be allowed of drawing or copying any petition not substantially in compliance with this rule, unless otherwise ordered by the Court of Common Pleas or a judge at chambers. 4. The petition shall conclude with a prayer, as for instance, that some specified person should be declared duly returned or elected, or that the election should be declared void, or that a return may be enforced (as the case may be), and shall be signed by all the petitioners. 5. The following form, or one to the like effect, shall be sufficient: In the Common Pleas. "The Municipal Elections Act, 1872." of the day of Election for [state the place and office for which election held] holden on The petition of A. of as the case may be] whose names are subscribed. and B. 1. Your petitioner A. is a person who voted [or had a right to vote, as the case may be], at the above election [or was a candidate at the above election]; and your petitioner B. [here state in like manner the right of each petitioner]. 2. And your petitioners state that the election was holden on the day of A.D. when A.B., C.D., and E. F., were candidates, and that .B. and C.D. have been in the usual manner declared to be duly elected. |