CHAPTER V.

ELECTIONS AT UNIVERSITIES.

As neither the provisions of the Ballot Act1 (except such as relate to personation) nor those of the Parl. El. (Returning Officers) Act, 1875,2 or the Parl. El. (Returning Officers) Expenses Scotland Act, 1878,3 apply to any University election, it has been thought more convenient to treat this subject in a separate chapter.

The Writ.] The same form of writ will continue to be used in University elections as has always been hitherto used, and, so far as relates to Oxford and Cambridge, it must be framed and expressed in such manner and form as may be necessary for carrying the provisions of 16 & 17 Vict. c. 68, into effect. As to the other Universities, there are no special statutory provisions as to the form to be used.

4

Writ, to whom directed.] The writs for the election of members for Oxford, Cambridge, and London Universities must be directed and forwarded in the same manner as has been already described to the respective Vice-Chancellors of those Universities. The writ for the election of the member who is to be returned jointly by the

6

1 Ballot Act, s. 31, App. ci.

238 & 39 Vict. c. 84, s. 11, App. post. 3 41 & 42 Vict. c. 41, s. 5, App. post. 4 16 & 17 Vict. c. 68, s. 1, App. 1.

5 Ante, p. 16.

616 & 17 Vict. c. 68, s. 1, App. 1. ; 30 & 31 Vict. c. 102, s. 41, App. lxx.

731 & 32 Vict. c. 48, s. 9.

Universities of Edinburgh and St. Andrew's is to be directed to the Vice-Chancellor of Edinburgh University, and for Glasgow and Aberdeen Universities to the Vice-Chancellor of Glasgow.' There is no statutory enactment as to whom the writ for Dublin University is to be addressed, but ever since the University has returned members, the writ has always been addressed to the Provost of Trinity College, Dublin, and he is recognised as the Returning Officer in the Voting Papers Act of 24 & 25 Vict. c. 53, s. 2.2

CHAP. V.

as Returning

abled.

As to the Universities of Oxford, Cambridge, Who is to act London, and Dublin, there is no statutory enact- Officer if ment as to who is to act as Returning Officer if office vacant, or Returning the office is vacant, or the Returning Officer dis- Officer disabled; but as to the Scotch Universities, if the Vice-Chancellor is absent or disabled by illness, or if the office is vacant, his duties as Returning Officer are to be discharged by a person appointed for that purpose by the University Court of such University, and who in that respect alone, and for the time, is to be deemed to be Vice-Chancellor of the University.3

election,

Universities.

Upon the receipt of the writ, the Vice-Chan- Notice of cellor of the Universities of Oxford, Cambridge, how given and London must give public notice of the time for English and place of the election at the usual place or places. From October 25 to March 25 inclusive, this notice must be given between 8 A.M. and 4 P.M., and from March 25 to October 25 inclusive, between 8 A.M. and 6 P.M., and no such notice will be valid unless published in the manner and within the time of day aforesaid.*

1 Ib. s. 37, App. lxxiv.

2 App. lx. The charter by which the Provost, Fellows, and Scholars were empowered to return two members to Parliament was granted to the University by James I. See Hudson on Irish Elections, p. 154.

3 31 & 32 Vict. c. 48, s. 41, App. lxxvii.

4 33 Geo. III. c. 64, App. vi. By 30 & 31 Vict. c. 102, s. 42, App. lxx., notice of election for London University must

CHAP. V. For elections for Scotch Universities, the ReFor Scotch turning Officer must give notice within three days Universities. of the receipt of the writ of the time and place for

Time and place of elec

and Cambridge Universities.

holding the election. The notice is to be given by advertisement in such newspapers as the Returning Officer shall deem expedient, and also by sending within the said three days notice in writing to the Vice-Chancellors of St. Andrew's aud Aberdeen, as the case may be.1

2

There is no special place prescribed by statute tion, Oxford for holding elections for Oxford or Cambridge Universities, and there is now no statutory enactment as to the day on which the election for Oxford or Cambridge University is to be held, as s. 3 of 16 & 17 Vict. c. 68, which formerly regulated the time for holding these elections, has been repealed by the Ballot Act, and no enactment substituted in its place. Consequently the Returning Officer of these Universities is at liberty to hold the election on what day he pleases.

For London
University.

3

An election for London University must be held at the place mentioned in the notice of election within six days after the receipt of the writ, three clear days' notice of the day and place having been

be given so as to leave three clear days, exclusive of the day on
which the notice is given and also of the day of election.
1 31 & 32 Vict. c. 48, s. 37, App. lxxiv.

2 In answer to a question addressed to him in the House of Commons by Mr. Hardcastle, July 7, 1873 (Hans. vol. ccxvi. p. 1862), Mr. Forster said that it was not the intention of the Government to bring in any bill to regulate the time for holding elections for the Universities of Oxford, Cambridge, and Dublin, because in his opinion s. 3 of 16 & 17 Vict. c. 68, did not apply to University 'elections, and that therefore the repeal of that section by the Ballot Act made no difference to University elections. It is difficult to understand on what grounds Mr. Forster came to the opinion that this repealed section did not apply to University elections, inasmuch as it enacted that "in every a member or members to serve in Parliament in England and Wales the officer to whom the duty of giving notice for the election of such member or members belongs shall proceed to election within six days after the receipt of the writ."

place returning

330 & 31 Vict. c. 102, s. 42, App. lxx.

given, exclusive of the day on which the notice is CHAP. V. given and the day of election.1

An election for a Scotch University must be For Scotch held not less than three nor more than six clear Universities. days after the day on which the writ is received.2 For the Universities of Edinburgh and St. Andrew's the place must be within the City of Edinburgh, and for the Universities of Glasgow and Aberdeen, within the City of Glasgow.3

tion.

If at the time and place named for holding the Mode of elec election no more candidates are proposed than there are vacancies to fill, those candidates will be forthwith declared elected; but if more candidates are proposed than there are vacancies to fill, a show of hands must be taken as heretofore, and then a poll may be demanded for the candidate or candidates who have the best show of hands.

duration of

The poll for Oxford and Cambridge University Commence elections must commence upon the day on which men and the same shall be demanded, or upon the next day poll. at furthest, unless it happen to be a Sunday, and then on the day after.* For the University of London it commences at eight in the morning on the day next following the day fixed for election. For the Scotch Universities, if, on repairing to the place named for holding the election, a poll is demanded, the proceedings shall be adjourned for the purpose of taking the poll for not less than six or more than ten clear days, exclusive of Saturdays and Sundays, and notice of the day fixed for the poll is to be given by advertisement in such newspapers as the Returning Officer shall deem expedient. The poll at all University elections may continue for not more than five days, and

4 25 Geo. III. c. 48, s. 1, App. vi.

530 & 31 Vict. c. 102, s. 43, App. lxxi.

6 31 & 32 Vict. c. 48, s. 38, App. lxxiv.

7 For Oxford and Cambridge, see 16 & 17 Vict. c. 68, s. 4,

CHAP. V.

Polling places.

Appointment of ProVice-Chancellors and

must commence at 8 A.M. and close at 4 P.M. each day for London and the Scotch Universities;1 but for Oxford and Cambridge Universities the poll must be kept open for seven hours at least, between 8 A. M. and 8 P.M.2

3

The poll for Oxford, Cambridge, and the Scotch Universities goes on continuously from day to day, Sundays only excepted; but for London University, Christmas, Ascension Day, and Good Friday are excepted as well as Sunday.

5

For London and the Scotch Universities there may be only one polling place, which the ViceChancellor must appoint; for Oxford and Cambridge, any number not exceeding three may be appointed in addition to the House of Convocation or Senate House, and the Vice-Chancellor is to direct at which of such polling places the members of Convocation and of the Senate, according to their Colleges, shall vote."

The Vice-Chancellor of the various Universities may appoint any number of Pro-Vice-Chancellors, poll clerks. any one of whom may receive the votes and decide upon all questions during the absence of any such Vice-Chancellor, and may also appoint poll clerks and other officers, by one or more of whom the votes may be entered in such number of poll books as shall be judged necessary by the Vice-Chancellor.

How votes

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The electors at all University elections may vote App. 1.; for London, 30 & 31 Vict. c. 102, s. 43, App. lxxi., and for Scotch Universities, 31 & 32 Vict. c. 48, s. 39 (1), App. lxxv. There is no statutory enactment as to the time for keeping open the poll at Dublin University, but it is usual to keep it open for five days; see below, p. 127, note 3.

130 & 31 Vict. c. 102, s. 43, and 31 & 32 Vict. c. 48, s. 39 (1).

2 25 Geo. III. c. 84, s. 3, App. vi.

3 Ib.

4 31 & 32 Vict. c. 48, s. 39 (1), App. Ixxiv.

5 30 & 31 Vict. c. 102, s. 43, App. lxxi.

630 & 31 Vict. c. 102, s. 44, App. lxxi., and 31 & 32 Vict. c. 102, s. 39 (2), App. lxxi.

7 16 & 17 Vict. c. 68, s. 5, App. li.

8 16 & 17 Vict. c. 68, s. 5, App. li. ; 30 & 31 Vict, c. 102, s. 44, App. lxxi. ; 31 & 32 Vict. c. 48, s. 39 (2),, App. lxxiv.