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may be put to them by the barrister; and any overseer or relieving officer wilfully refusing or neglecting to comply with the requirements authorized to be made by the revising barrister in pursuance of this section shall be punishable in the same manner in which an overseer wilfully guilty of a breach of duty in the execution of the principal Act, is punishable under the principal Act.
XXX. The thirtietb section of the Act of the session of the second year of King William the Fourth, chapter forty-five, and the seventy fifth section of the principal Act, shall apply to all occupiers of premises capable of conferring the franchise for a county under the Representation of the People Act, 1867.
THE REVENUE OFFICERS' DISABILITIES REMOVAL
(31 & 32 VICT. c. 73.) An Act to relieve certain Oficers employed in the collection and Manaye
ment of Her Majesty's Revenues from any legal Disability to vote at the Election of Members to serve in Parliament.
31st July, 1868. WHEREAS it is inexpedient that any person otherwise entitled to be registered as a voter should be incapacitated to vote at the election of a member or members to serve in Parliament by reason of his being employed in the collection or management of Her Majesty's Revenues :
Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, As follows:
I. The enactments contained in the Schedule to this Act are hereby repealed.
43 George III. c. 25.
COUNTY VOTERS REGISTRATION.
[28 Victoriæ, cap. 36.—June 2, 1865.] An Act to amend the Law relating to the Registration of County Voters,
and to the Powers and Duties of Revising Barristers in certuin cases.
The present Act is to be continued with, and be a part of, the Registration Act, 6 and † Vict. cap. 18, which is however amended as far as regards county voters ; and the new Act is to be cited (§ 1) as the County Voters Registration Act, 1865. The new Act provides that on or before June 10, in every year ($ 2) the clerk of the peace is to cause to be delivered to the overseers of the poor, his precept according to a specified form, with notices, list and copies of the register of the county voters for the parish or township, and the overseers (§ 3), on or before June 20, are to publish, by affixing such lists and notices on church and chapel doors, public places, &c., such list to remain for at least two Sundays; but to be removed before July 20; August 20, instead of the 25th as in former Acts, is to be the last day ($ 4) for giving notices of objections to overseers 'and to the person objected to ; and Sept. 1 (→ 5) the last day for returning the lists with claims and objections to the clerk of the peace. The grounds of objection (§ 6) are to be specifically stated, and if the objection be grounded on more than one column of the registration list, each objection must be stated separately. No person objected to ($ 7) is to be required to give evidence before the revising barrister in support of his right otherwise than as such right is called in question by the objection * ; each separate ground of objection (§ 8) to be treated separately by the revising barrister, and for every ground of objection which may have beer groundlessly or frivolously stated, he may award cost against the objector to the amount of at least 25. 6d., although the name may be expunged on some other ground. Notices of objection (§ 9) may be sent by post, pre-paid, as provided in $ 100 of the previous Act. Persons whose names appear on the list of voters then in force ($ 10), but who have changed their residence, may make a declaration in a specified form, before a magistrate or any other authorized person, that he possessed the same qualification as when placed on the list t, to be transmitted to the clerk of the peace on or before Sept. 14, who is to endorse the same with his initials and the date when received; such declarations to be open for perusal, without fee, at the clerk's office, between ten and four in the day, to be afterwards delivered to the revising barrieter, who is to receive the same as evidence without further proof; persons falsely signing any such declarations (§ 11) to be deemed guilty of a misdemeanor, punishable by a fine or imprisonment for a term not exceeding a year; and the revising barrister is empowered to impound any such declaration. No court (§ 12) to be held by any revising barrister before Sept. 20. Every order for costs (§ 13) whether in revising the lists of county, city, or borough voters, in the case of an objection, to be made before proceedings to hear any other ground of objections; the sum ordered to be paid (§ 14) is not to exceed the sum of £.5 on any one vote. For the purpose of this Act (§ 17) the word "value" shall in the case of an occupying tenant mean amount of rental.
VOTING PAPERS AT UNIVERSITY ELECTIONS *. An Act to provide that Votes at Elections for the Universities may be recorded by means of Voting Papers, 24 & 25 Vic. cap. 53.
[1st August, 1861.] 1. It shall be lawful for such Electors, in lieu of attending to vote in person, to nominate any other elector or electors of the same University, competent to make the declaration herein after mentioned, to deliver for them at the poll voting papers containing their votes, as by this Act provided. Every such voting paper shall bear date subsequently to notice given by the returning officer of the day for proceeding to election, and shall contain the name or names of the candidate or candidates thereby voted for, and the name or names of the elector or electors authorised on behalf of the voter to tender such voting paper at the poll, and shall be according to the form or to the effect prescribed in the schedule to this Act annexed. Such voting paper, the aforesaid date and names being previously filled in, shall, on any day subsequent to notice given by the returning officer of the day for proceeding to election, be signed by the voter in the presence of a Justice of the Peace for the county or borough in which such voter shall be then residing; and the said Justice shall certify and attest the fact of such voting paper having been so signed in his presence, by signing at the foot thereof a certificate of attestation in the form or to the effect prescribed in the said schedule, with his name and address in full, and shall state his quality as a Justice of the Peace for such county or borough.
2. The voting paper, signed and certified as aforesaid, may be delivered to the Vice-Chancellor of the University for which the election is held, or to any Pro Vice-Chancellor appointed by him, or, in the case of the University of Dublin, to the Provost of Trinity College, or to any person lawfully deputed to act for him, at any one of the appointed polling places, during the appointed hours of polling, by any one of the persons therein nominated in that behalf, who shall, on tendering such voting paper at the poll, read out the same; and the said Vice-Chancellor, Pro Vice-Chancellor, Provost, or Deputy shall receive the voting papers as the same shall be delivered, and shall cause the votes thereby given, or such of them as may not appear to be contrary to the provisions of this Act, to be recorded in the manner heretofore used, in all respects as if such votes had been given by the electors attending in person; and all votes so recorded shall have the same validity and effect as if they had been duly given by the voters in person : Provided always, that no person shall be entitled to sign or vote by more than one voting paper at any election, and that no voting paper containing the names of more candidates than there are Burgesses to be elected at sucb election shall be received or recorded; Provided also, that no voting paper shall be received or recorded unless the person tendering the same shall make the following declaration t, which he shall sign at the foot or back thereof : Provided also, that no voting paper shall be so received and recorded if
• By “The Representation of the People Act, 1867,” s. 45, the provisions of this Act also apply to any election of a member for the University of London; and by Act 31 and 32 Victoriæ, cap. 48. s. 39, this Act also applies to the election of members for the Universities of Scotland.
+ Repealed, see page 218.
the voter signing the same shall have already voted in person at the same election : Provided also, that every such elector shall be entitled to vote in person, notwithstanding that he has duly signed and transmitted a voting paper to another elector, if such voting paper has not been already tendered at the poll.
3. It shall be lawful for any person now by law or custom authorised on behalf of any candidate to object to votes to inspect any voting paper tendered at the poll before the same shall be received or recorded, and to object to it on one or more of the following grounds : 1. That the person on whose behalf the voting paper is tendered is
not qualified to vote : 2. That the person tendering the voting paper is not duly qualified in
that behalf: 3. That the person in whose behalf the voting paper is tendered has
already voted at that election in person or by voting paper : 4. That the voting paper bears date anterior to notice given by the
returning officer of the day for proceeding to election : 5. That the voting paper is forged or falsified : And the returning officer, his deputy or assessor, or any officer having by law or custom power to decide ohjections in respect of votes tendered by voters attending the poll in person, shall have power to put questions to the person tendering such voting paper, and to reject, receive, and record, or receive and record as objected to or protested against, any votes tendered by voting papers: Provided, that in case the objection offered to any voting paper shall be that it is forged or falsified, such returning or other officer shall receive and record such voting paper, having previously written upon it, “ Objected to as forged,” or “ Objected to as falsified,” together with the name of the persou making such objection.
4. All voting papers received and recorded at such election, as well as any voting papers rejected for informality or on any other ground, shall be filed and kept by the officer entrusted with the care of the poll books or other documents relating to the said election; and any person sball be allowed to examine such voting papers at all reasonable times, and to take copies thereof, upon payment of a fee of one shilling.
6. No such voting paper as hereinbefore mentioned shall be liable to any stamp duty.
.-UNIVERSITY ELECTION, 18 I A.B. [the Christian and Surnames of the Elector in full, his College or Hall, if any, and his Degree or Academical Rank or Office, if any, to be here inserted], do hereby declare that I have signed no other voting paper at this election, and do hereby give my vote at this election for And I nominate C.D.
G.H. or one of them, to deliver this voting paper at the poll. Witness my Hand this
18 (Signed) A.B. of (the Elector's Place of Residence to be here inserted].
Signed in my presence by the said A.B. who is personally known to me, on the above-mentioned
the name [or names) of
as the Candidate (or Candidates) voter for having been previously filled in. (Signed) 2.M. of [the Witness's Place of Residence to be here inserted). 'THE UNIVERSITIES ELECTIONS ACT, 1868. 31 & 32 VICT. c. 65. An Act to amend the Law relating to the use of Voting Papers in Elections for the Universities.
a Justice of the Peace for
31st July, 1868. WHEREAS by an Act passed in the session holden in the twenty-fourth and twenty-fifth years of the Reign of Her present Majesty, chapter fiftythree, intituled An Acl to provide that Votes at Elections for the Universities may be recorded by means of voting papers, it is provided that at the Elections for burgesses to serve in Parliament for the Universities of Oxford, Cambridge, and Dublin Votes may be given by means of voting papers; but it is by the said Act provided that no Voting Paper shall be received or recorded unless the person tendering the same shall make the following Declaration, which he shall sign at the foot or Back thereof:
“ I solemnly declare that I am personally acquainted with A.B. (the Voter], and I verily believe that this is the paper by which he intends to vote, pursuant to the provisions of the Universities Election Act."
And whereas by virtue of the Representation of the People Act, 1867, the said first-mentioned Act applies to every election of a member for the University of London.
And whereas it is expedient to amend the said first-nientioned Act so far as respects the said recited declaration:
Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
I. From and after the passing of this Act the said recited form of declaration shall not be reqnired, 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.'”
II. The second section of the said first-mentioned Act shall, in reference to the university of London, be construed as if the words 'in the manner heretofore used’ were omitted therefrom.
JII. A voting paper for the election of any burgess or member to serve in Parliament for any universities or university in respect of which the frovisions 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 Lieutenant Bailiff,
Jurat, or Juge d’Instruction. 2. In Alderney, of the Judge of Alderney, or any Jurat. 3. In Sark, of the seneschal or deputy seneschal.
And for the purpose of certifying and attesting the siguature 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.
IV. This Act may be cited for all purposes as “ The Universities Elections Act, 1868," and the said first-mentioned Act and this Act may be cited together as “ 'The University Election Act, 1861 and 1868.”