The returning officer shall forthwith transmit a copy of such list to the Education Department. 11. If after the time hereinbefore limited for the withdrawal of any candidate more persons remain as candidates than there are members to be elected, the returning officer shall forthwith publish the names, places of abode, and descriptions of the several candidates, and give notice that a poll will be taken on the day fixed for the election, between the hours specified in such notice. 12. The returning officer shall determine the number and situation of the polling-stations, and shall publish the same not less than three clear days before the day fixed for the election.1 No public-house shall be used for a polling station or for the purposes of an election. 13. If the borough is divided into wards, each voter shall give his vote in the ward in which the property in respect of which he is entitled to vote is situate, and if it is situate in more than one ward, he shall vote in any one of the wards in which it is situate. 14. The returning officer, or some person or persons appointed by him for this purpose, shall preside at each polling station, provided that only one person shall preside at the same time.2 15. The poll shall commence at such an hour, not earlier than 8 A.M., and close at such an hour, not later than 8 P.M., as shall be fixed by the returning officer, but the poll shall be open for seven hours, and no longer. 16. Subject to the provisions of this order, the poll shall be taken in like manner as a poll at a contested municipal election is directed by the Ballot Act, 1872,3 to be taken; and the provisions of that Act shall apply to the election in like manner as if they were contained in this order, with the substitution of the term "school board election" for the term "municipal election" Provided that (a.) Every voter shall be entitled to a number of votes equal to the number of the members of the school board to be elected, and may give all such votes to one candidate, or may distribute them among the candidates as he thinks fit. (b.) The voter may place against the name of any candidate for whom he votes the number of votes he gives to such candidate in lieu of a cross, and the form of directions for the guidance of the voter in voting contained in the Ballot Act 1872, shall be altered accordingly.3 1 According to the circular of the Education Department (see p. 425), the number of polling stations is not to exceed one for each ward, unless with the consent of the Department on special application. 2 As to duties of presiding officer, see p. 350. The Education Department in their circular letter of September 1875 (see p. 425), state:-"There must be only one presiding officer, at a fee not exceeding 21. 2s. for each polling station, and not more than two clerks, at a fee not exceeding 17. for the first, and 15s. for the other. One of the clerks may also be appointed as a deputy to act for the presiding officer in case of emergency. No money for refreshments must be paid to the presiding officer or to any of the persons employed." 3 See notes, p. 223. The several forms required in the election, with stamping instruments, &c., may be obtained of Knight & Co., 90 Fleet Street, E.C. (c.) The provisions of sections 3, 4, 11, and 24 of the Ballot Act, 1872, shall be deemed to be regulations contained in this order which involve a penalty within the meaning of section 90 of the Elementary Education Act, 1870.1 17. The person presiding at the poll may, and if required by any two voters shall, put to any voter at the time of his applying for a ballot paper, but not afterwards, the following questions, or one of them, but no other (1.) Are you the person whose name appears as A. B. on the list of burgesses, being registered therein as being rated for property described to be situated therein [Here specify the street, &c., as described in the burgess roll]? (2.) Have you already voted at the present election? And no person required to answer any of the said questions shall be permitted or qualified to vote until he has answered the same. 18. In case of an equality of votes, the returning officer shall determine by lot the persons to be elected. The triennial election shall be deemed to have taken place on the day fixed for such election. 19. The returning officer shall publish notice of the result of the poll and of the names of the persons elected. He shall also forthwith transmit a copy of such notice to the Education Department, and deliver the ballot papers to the town clerk, to be kept for six months among the records of the borough, and section 64 (b) of the Ballot Act, 1872, shall apply as if it were inserted in this order.2 The provisions of the sections referred to will be found in the note to sec. 90 of the 33 & 34 Vict., c. 75, ante. 2 The provision as to the custody of ballot papers and other documents, to which reference is made, is contained in Rule 64 in the first schedule of the Ballot Act, and not in sec. 64 of that Act. The rule is to the following effect : The town clerk shall retain for a year all documents relating to an election forwarded to him by a returning officer, and then, unless otherwise directed by an order of the county court having jurisdiction in the borough, or any part thereof, or of any tribunal in which the election is questioned, shall cause them to be destroyed. No person shall be allowed to inspect any rejected ballot papers in the custody of the town clerk, except under the order of the County Court having jurisdiction in the borough or any part thereof, or of any tribunal in which the election is questioned, to be granted by such Court on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return; and any such order for the inspection or production of ballot papers may be made subject to such conditions as to persons, time, place, and mode of inspection or production as the Court making the same may think expedient, and shall be obeyed by the town clerk. Any power given to a Court by this rule may be exercised by any judge of such Court at chambers. An appeal from the County Court may be had in like manner as in other cases in such Court. No person shall, except by order of the County Court having jurisdiction in the borough or any part thereof, or any tribunal having cognizance of petitions complaining of undue returns or undue elections, open the sealed packet of counterfoils after the same has been once sealed up, or be allowed to inspect any counted ballot papers in the custody of the town clerk; such order may be made subject to such conditions as to persons, time, place, and mode of opening or 20. The expenses of the election and of taking the poll, and the remuneration to the returning officer and his assistants (if any) shall be paid by the school board out of the school fund. Provided that if any question shall arise between the returning officer and the school board as to such expenses or remuneration, such question shall be referred to the Education Department, whose decision thereon shall be final and conclusive.1 21. Notices and other matters required by these regulations to be published shall be published in like manner as in the case of the election of councillors.2 F. R. SANDFORD, Secretary. inspection as the County Court or tribunal making the order may think expedient; provided that on making and carrying into effect any such order, care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent Court to be invalid. All documents forwarded by a returning officer, in pursuance of the Act, to the town clerk, other than ballot papers and counterfoils, shall be open to public inspection at such time and under such regulations as may be prescribed by the council of the borough, with the consent of one of her Majesty's principal Secretaries of State, and the town clerk shall supply copies of or extracts from, the said documents to any person demanding the same, on payment of such fees and subject to such regulations as may be sanctioned by the town council with the like consent. Where an order is made for the production by the town clerk of any document in his possession relating to any specified election, the production by such clerk or his agent of the document ordered, in such manner as may be directed by such order, or by a rule of the Court having power to make such order, shall be conclusive evidence that such document relates to the specified election; and any endorsement appearing on any packet of ballot papers produced by the town clerk or his agent shall be evidence of such papers being what they are stated to be by the endorsement. The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked thereon in writing, shall be prima facie evidence that the person who voted by such ballot paper was the person who at the time of such election had affixed to his name in the register of voters at such election the same number as the number written on such counterfoil. Subject to these provisions, the town clerk, in respect of the custody and destruction of the ballot papers and other documents coming into his possession, is subject to the directions of the council of the borough. An application was made to the Queen's Bench Division of the High Court of Justice in July 1877 in Ex parte J. Pym Yeatman for a mandamus calling on the Judge of the County Court for Surrey to make an order for the inspection of the voting papers in the election of members of the School Board of London for the division of Lambeth. Mr. Yeatman was not returned as elected, and he alleged that he had not been credited with all his votes. in one polling district alone more than 500 of such votes must, as he alleged, have been omitted. The Judge of the County Court had refused to make an order for an inspection of the ballot papers, being of opinion that the statements in the affidavit in support of the application were not strong enough to justify him in making the order. The Lord Chief Justice asked whether there was anything to show that if Mr. Yeatman had been credited with the votes said to be omitted it would have entitled him to be returned as a member of the board. It was replied that the affidavit did not go so far as that, as Mr. Yeatman had only seen some of the ballot-papers at the counting of the votes, and he could not pledge himself as to the others. The Court, under these circumstances, refused the Rule. With regard to the expenses of returning officer, see pp. 219, 425. 2 The 22 Vict., c. 35, ser. 6, provides that in the election of councillors the notices as to the names, &c., of the persons nominated shall be "placed on the door FORM OF NOTICE. TRIENNIAL ELECTION OF A SCHOOL BOARD IN A BORough. NOTICE IS HEREBY GIVEN THAT 1. The triennial election of a school board for this borough will take place on the is day of 18 . 2. The number of persons to be elected as members of the school board 3. Any two burgesses may nominate any one person of full age, and no more, as a candidate, by sending to or delivering at the office of the town clerk [or other office to be specified] a nomination paper. A person may not join more than once in nominating a candidate in the election. The nomination paper must be dated and subscribed by the two burgesses, and must contain the Christian names, surnames, places of abode, and descriptions of the subscribers, and of the candidate nominated. No nomination paper will be received after 4 o'clock in the afternoon of the day of Public notice will be given of the list of candidates on or before the day of 4. Any candidate may be withdrawn by delivering at the town clerk's office [or other office to be specified], not later than 4 o'clock in the afternoon of the a notice of withdrawal signed by the day of candidate and addressed to the returning officer. 5. The voting will take place in each ward, and notice of the number and situation of the polling stations will be published on or before the day of Each voter must vote in the ward in which the property in respect of which he is rated is situate, and if it is situate in more than one ward, in any one of the wards in which it is situate. 6. The poll will be open from A.M. till P.M. 7. Every person upon the burgess roll is entitled to vote in the election. The voting shall be by ballot. of the town hall, and in some other conspicuous parts of the borough or ward for which such election is to be held." The Education Department in their circular letter addressed to returning officers, and dated September 1875, state as follows: "In publishing the various notices required to be published by the order regulating the election, you will refrain henceforth from publishing these notices in any newspaper, and you will perceive that the order for publication in a newspaper is not required, and the expense of so doing will henceforth be disallowed." REGULATIONS AS TO FIRST ELECTIONS OF AT THE COUNCIL CHAMBER, WHITEHALL, THE 17TH DAY OF NOVEMBER 1873, BY THE LORDS OF THE COMMITTEE OF THE PRIVY COUNCIL ON EDUCATION. THEIR Lordships read and approved the following General Regulations for the First Election of School Boards in Boroughs. 1. The number of members of the school board of a borough shall be from five to fifteen, as may be determined in each case. 2. The returning officer shall be the mayor of the borough, or other officer who, under the law relating to municipal elections, presides at such elections.1 3. The first election of members of the school board shall be held on some day, to be fixed by the returning officer, and within 28 clear days after the date of the requisition to elect a school board which will be sent to the mayor. 4. Fourteen clear days at least before the day fixed for the election the returning officer shall prepare, sign, and publish such notice of the election as is hereinafter prescribed.2 5. The notice shall specify the number of members to be elected, with the day fixed for the election; and shall also specify a place for the reception of the nomination papers hereinafter mentioned. The notice shall be in the form annexed to this order, or to the like effect. 6. After publication of the notice, but not less than ten clear days before the day fixed for the election, any two persons whose names are on the burgess roll of the borough may nominate as a candidate any one person of full age. by sending to, or delivering at, the appointed place a nomination paper subscribed by such two persons as aforesaid, and stating the Christian name and surname, with the place of abode and description of each subscriber and of the candidate nominated; and the returning officer shall send forthwith notice of such nomination to each candidate.3 A person shall not join more than once in nominating a candidate in the election. 7. No nomination paper shall be received after 4 o'clock in the afternoon of the last day upon which such paper may be received, and no person shall 1 The mayor cannot act as returning officer if he intends to become a candidate for election as a member of the school board. See note, p. 330. 2 As to publication of notices, see Art. 21 of the order. 3 See notes on sec. 29 of the 33 & 34 Vict., c. 75, ante. |