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Directions as to printing Ballot Paper. Nothing is to be printed on the ballot paper except in accordance with this schedule.
The surname of each candidate, and if there are two or more candidates of the same surname, also the other names of such candidates, shall be printed in large characters, as shown in the form, and the names, addresses, and descriptions, and the number on the back of the paper, shall be printed in small characters.
Form of Directions for the Guidance of the Voters in voting, which shall be
printed in conspicuous Characters, and placarded outside every Polling
Station and in every compartment of every Polling Station. The voter may vote for
candidate The voter will go into one of the compartments, and, with the pencil provided in the compartment, place a cross on the right-hand side, opposite the name of each candidate for whom he votes, thus, X
The voter will then fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, without showing the front of the paper to any person, show the official mark on the back to the presiding officer, and then, in the presence of the presiding officer, put the paper into the ballot box, and forthwith quit the polling station.
If the voter inadvertently spoils a ballot paper, he can return it to the officer, who will, if satisfied of such inadvertence, give him another paper. If the voter votes for more than
candidate , or places any mark on the paper by which he may be afterwards identified, his ballot paper will be void, and will not be counted.
If the voter takes a ballot paper out of the polling station, or deposits in the ballot box any other paper than the one given him by the officer, he will be guilty of a misdemeanor, and be subject to imprisonment for any term not exceeding six months, with or without hard labour.
Note. These directions shall be illustrated by examples of the ballot paper.
Form of Statutory Declaration of Secrecy. I solemnly promise and declare, That I will not at this election
do anything forbidden by section four of The Ballot Act, 1872, which has been read to me.
Note.—The section must be read to the declarant by the person taking the declaration.
Form of Declaration of inability to read. I, A.B., of
being numbered Register of Voters for the county (or borough] of do hereby declare that I am unable to read.
I, the undersigned, being the presiding officer for the polling station for the county (or borough) of
do hereby certify, that the above declaration, having been first read to the above-named A.B., was signed by him in my presence with his mark
THIRD SCHEDULE. Provisions of Registration Acts referred to in part III. of the foregoing
As to England. 6th & 7th Victoriæ, cap. 18. An Act to amend the law for the registra.
tion of persons entitled to vote, and to defiue certain rights of voting, and to regulate certain proceedings in the elections of members to serve in Parliament for England and Wales. Sections eighty-five to eighty-pine, both inclusive.
As to Ireland. 13th & 14th Victoriæ, cap. 69. An Act to amend the laws which
regulate the qualification and registration of parliamentary voters in Ireland, and to alter the law for rating immediate lessors of premises to the poor rate in certain boroughs. Sections ninety-two to ninety-six, both inclusive.
Acts relating to England. Note.—This schedule, so far as respects Acts prior to the tenth year of
the reign of George the Third, refers to the edition prepared under the direction of the Lord Chancellor, intituled “The Statutes,
Revised Edition." A description or citation of a portion of an Act is inclusive of the words,
section, or other part first or last mentioned, or otherwise referred to as forming the beginning or as forming the end of the portion
comprised in the description or citation. Portions of Acts which have already been specifically repealed, are in
some instances included in the repeal in this schedule, in order to preclude henceforth the necessity of looking back to previous Acts.
The portions of the Ballot Act not inserted relate to Municipal elections.
PERSONS INELIGIBLE TO BE MEMBERS. INFANT&-No person, under twenty-one years of age, is capable of being elected ; and if any such minor shall presume to si or vote in Parliament, be shall incur such penalties and forfeitures as if he had presumed to sit and vote without being chosen or returned. Tth and 8th William III., cap. 25. ALIENS, by the law of Parliament, are incapable of being Members,
are excluded by a vote of the House. Act 12th and 13th William III., cap. 2. No person born out of England, Scotland, or Ireland, or the dominions thereunto belonging, is capable of being a Member of either House. This does not apply to persons born of English, Scotch, or Irish parents. Aliens naturalized are ineligible. 7th and 8th Victoriæ, cap. 66.
Peers, English and Scotch ; also Irish Representative Peers.
JUDGES of the Superior Courts; County Court Judges. 10th and 11th Victoriæ, cap. 102, s. 18.
SHERIFFS, Mayors, and Bailiffs of Boroughs, for their respective jurisdictions, as being returning officers.
RECORDERS for boroughs where they have jurisdiction. 5th and 6th William IV., cap. 76.
REVISING BARRISTERS, for eighteen months after revision of the lists for any county, city, or borough for which they were appointed. 6th Victoriæ, cap. 18, s. 28.
CLERGY, Priests, and Deacons; Ministers of the Scotch Church, 41 George III., cap..63 ; Persons in Holy Orders of the Church of Rome, 10 George IV., cap. 7, s. 9.
TRAITORS, and felons; and outlaws in criminal prosecutions, but not in civil suits.
Idiots and Lunatics.
BANKRUPTS.-Act 32nd and 33rd Vict., cap. 83. It is provided that, if a person having privilege of Parliament commits an act of bankruptcy, he may be dealt with under the Act as if he had not such privilege. Upon a member becoming bankrupt, he shall be, and remain during one year incapable of sitting and voting, unless within that time the creditors are fully paid or satisfied. If within the period mentioned the debts are not fully paid and satisfied, the Court is to certify the same to the Speaker of the House of Commons, and a writ is to be issued for the election of a new member.
EXCISE AND CUSTOMS.--Act 11th and 12th William III., cap. 2, 8. 15, 152.
No member of Parliament shall be a commissioner or farmer of the excise on beer, ale, or other liquors, or a commissioner of appeals, or comptroller, or auditor of the duty of excise; and such person, if elected, is declared incapable of sitting in the House of Commons.
Act 12th and 13th William III., cap. 10, ss. 89, 90. No member to be a commissioner or farmer of the customs; and persons executing such offices shall be incapable of sitting.
Act 15th George II., cap. 22, s. 1. No commissioners of the Revenue in Ireland, or of the Navy or Victualling Office, or any deputies or clerks in any of the said offices, or in any of the following offices, vix. the Lord High Treasurer, or Commissioners of the Treasury, Auditors, Tellers, or Chancellor of the Exchequer, Commissioners of the Admiralty, Paymasters of the Army or Navy, Principal Secretaries of State, or Commissioners of Salt, Stamps, Appeals, Wine Licences, Hackney Coaches, Hawkers and Pedlars; persons holding any vffice, civil or military, in the island of Minorca, or in Gibraltar, except officers holding commissions in any regiment there only, shall be capable of being elected, or sitting or voting as members of any Parliament.
This Act exempts the Treasurer and Comptroller of the Navy, the Secretaries of the Treasury, Secretary to the Chancellor of the Exchequer, Secretary to the Admiralty, Under-Secretary to any of the Principal Secretaries of State, or the Deputy Paymaster of the Army, from the operations of this Act.
By Act 29th and 30th Victoriæ, cap. 55, 1866, the PostmasterGeneral is enabled to sit in the House of Commons.
New Offices of Profit under the Crown. – Act 6th Anne, cap. 7, s. 25. Persons holding any new office or place of profit whatsoever under the Crown, created since the year 1705, shall be incapable of sitting. But Members accepting any old office of profit, whilst members, their election to be void; such persons, however, may be re-elected.
Persons disabled, if returned as members, their election to be void, and to be liable to a penalty of 5001. Ib.
PENSIONERS OF THE CROWN.—Act 1st George I., cap. 56, s. 2. No person having a pension from the Crown shall be capable of being elected a Member of the House of Commons, under penalty of forfeiting 201. for each day's sitting.
CONTRACTORS.-Act 22nd George III., cap. 45, ss. 1, 2. All persons holding contracts for the public service are declared incapable of being elected or sitting, and any member accepting a contract, his seat shall be void.
CANDIDATES declared guilty of BRIBERY, treating, or undue influence, by himself or his agents, by any Election Committee, are incapable of being elected or sitting in Parliament for such county, city, or borough during the Parliament then in existence, 17th and 18th Victoriæ, cap. 102, s. 36.
A person who is elected to serve in the House of Commons by the people, may, by the law and custom of Parliament, be disabled, and declared incapable to sit as a member; as where a person has been guilty of any crime which renders him infamous and the like.
Members on double returns for the same place are incapable of sitting till the returns are determined by a Committee ; and there is a resolution of the House to this effect, made at the commencement of every session; but they enjoy all the privileges of members of Parliament.
Members who have taken their seats are ineligible for any other place until they have vacated their former seats ; but persons elected for one place may, before they take their seats, be returned for any other place; in which case, by an order of the House, they are to make their election by that day three weeks, for which of the places they will serve, provided there be no question upon the return from that place.
Abolition of the requirement of a Property Qualification. No property qualification is now required of Members of Parliament. The Act of the ninth year of the reign of Queen Anne, and the several subsequent statutes, which required the possession of certain property qualifications by all candidates for seats in Parliament, are repealed by the 21st and 22nd Victoriæ, cap. 26.
Notice to Electors of Ineligibility of Candidates. If the disqualification or ineligibility of candidates be within the knowledge of the electors, or they be previously made fully acquainted therewith, their votes, if given for such ineligible candidates, will be " thrown away.'
Voters polling for a candidate after due notice of his being ineligible, are to be considered as not voting at all, and, on petition, the next legal candidate on the poll would be declared duly elected. The notice to the electors should be in writing, or printed, signed by a candidate, or two or more electors, and every publicity given thereto.
RETURNING OFFICER'S EXPENSES. "A candidate is not legally liable for any other than his proper equal share of the following official expenses, unless by himself or his appointed agents he has authorised other expenses or charges to be incurred by the returning officer:1. The expense of erecting the polling booths; such expense in
counties not to exceed the sum of 401. in respect of any one principal place of election, or any one polling place, and in cities and boroughs the sum of 251. in respect of any parish,
district, or part thereof. 2. The payment of “two guineas by the day” to each deputy
returning officer. 3. The payment of “one guinea by the day" to each poll clerk. The items are to be discharged at the "joint and equal expense of the several candidates."
The booths may be erected "by contract with the candidates, if they shall-think fit;" and “the Sheriff or other returning officer may, if he shall think fit, instead of erecting such booth or booths as aforesaid, procure or hire the use of any houses or other buildings, for the purpose of taking the poll therein.” 2nd William IV., cap. 45, s. 71.
PAYMENT OF ELECTION EXPENSES.
The several provisions of the “ Corrupt Practices Prevention Act, 1854,” as to the appointment of an election auditor, and the payment and publication of election expenses, are repealed by the 26th Vic., cap. 29, and the following enactments are substituted :
By Sec. 2, no payment, (except in respect of the personal expenses of a candidate,) advance, loan, or deposit, by or on behalf of any candidate, before, during, or after an election, is to be made otherwise than through an appointed agent of such candidate. Persons making any such prohibited payment, &c. shall be guilty of a misdemeanour.
The candidate is to declare in writing, to the Returning Officer, on or before the day of nomination, the name and address of his agent or agents; and it is the duty of the Returning Officer to publish the same.
By Sec. 3, .all bills, charges, or claims upon any candidate shall be sent in within one month from the day of declaration of the election, to the appointed agent, or right to recover the same barred. Should there be no agent, the bills, &c. are then to be sent to the candidate.