CHAP. IV. one-fifth of that maximum may be required.' This security need not necessarily be given by the candidates themselves, but may be tendered on behalf of a candidate by any person, no matter who. It may be given by deposit of any legal tender or of any country bank notes which are commonly current in the place for which the election is held; it may also be given, with the consent of the Returning Officer, in any other manner that may be agreed upon. This security must be given within one hour after the two hours allowed for the nomination, and if any candidate has not, after he has been required to do so, given his proportionate part of the security, his nomination will be deemed to be ipso facto withdrawn."

Election when no contest:

Notices to be given if

4

3

If no more candidates are nominated than there are vacancies to be filled, and the proper amount of security for the expenses of the election is duly given by the candidate or candidates as above explained, the Returning Officer, at the expiration of one hour after the two hours appointed for the election, is forthwith to declare the candidates who stand nominated to be elected, to give public notice of their names, in the manner prescribed by the Ballot Act, and to return their names to the Clerk of the Crown in Chancery. But if more candidates stand nominated than there are vacancies to be filled, the Returning Officer, at the expiration of the hour, is to adjourn the election for the purpose of taking a poll."

As soon as practicable after this adjournment, the

1 See note to schedules of last mentioned Acts.

2 lb. s. 3 (4).

3 Ib. s. 3 (5).

4 Ib. s. 3 (2).

5 Ib. s. 3 (3).

6 Ballot Act, s. 1, App. lxxxiii.

7 Id. rule 46, App. cxi.

8 Or in Ireland to the Clerk of the Crown and Hanaper. See

Ballot Act, rule 62, App. cxiii.

9 Ballot Act, s. 1, App. lxxxiii.

Returning Officer must give the following public CHAP. IV. notices,1 viz. :

election is

(1) Notice of the day on which the poll will be contested taken.2

(2) Notice of the names of the candidates de

scribed as in their respective nomination
papers, and of the names of persons who
subscribed the nomination paper of each
candidate.

(3) Notice of the order in which the names of
the candidates will be printed in the

ballot papers.

In the case of a borough election, these notices Publication will be published in manner prescribed for pub- of notices. lishing all notices required to be given under the Ballot Act; but in the case of a county election the Returning Officer, in addition to publishing them in the above-mentioned way, must deliver to the Post-Master of the principal post-office of the town in which the place of election is situate, a paper, signed by himself, containing the names of the candidates nominated, and stating the day on which the poll will be held. This information the Post-Master must forward by telegraph, free of charge, to the several postal telegraph offices situate in the county for which the election is to be held, to be published forthwith at each such office in the manner in which post-office notices are usually published.*

5

candidate

If after the adjournment of the election for the Death of purpose of taking a poll, and before the com- after nomimencement of the poll, but not afterwards, any of nation and

1 Ballot Act, rule 9, App. ciii.

2 The returning officer will have already given notice of a day for taking the poll on (ante, p. 21), and it is to be presumed that he is not at liberty in this second notice to name any day other than that which he previously named.

3 Ante, p. 22. Ballot Act, rule 46, App. cxi.

4 Ballot Act, rule 9, App. ciii.

5 It may be remarked that there is no statutory provision as to what is to be done if a candidate dies before the adjournment.

before poll.

CHAP. IV. the candidates who have been nominated die, the Returning Officer must countermand notice of the poll, and all the proceedings in reference to the election must then be commenced afresh in all respects as if the writ had been received by the Returning Officer on the day on which proof was given him of such death. No fresh nomination, however, will be necessary in the case of any candidate who stood nominated at the time of the countermand of the poll.1

Appointment of

In every election in the United Kingdom the Returning Officer must, on the adjournment of the election for the purpose of taking the poll, at once make preparations for a contest, if these have not already been made.2

Such are all the forms which have necessarily to be observed on the day of nomination, and after the adjournment for the purpose of taking the poll. There is, however, one other proceeding which takes place before taking the poll, which must be noticed here, and that is the appointment of agents by the candidates for certain special pur

poses.

It is usual for candidates to appoint agents for three different purposes, (1) for expenses of the candidates. election; (2) to detect personation ;

agents by

3

4

(3) for counting the votes.". For the last two purposes it is not compulsory to appoint agents, and it is competent for candidates themselves to undertake the duties which an agent if appointed would have per

1 Ballot Act, s. 1, App. lxxxiii.

2 See as to such preparations, ante, p. 22. See also Home Office Abstract, par. 18, App. cxl.

326 Vict. c. 29, s. 2, App. xlv. If a candidate fails to appoint such an agent, the returning officer cannot refuse to accept his nomination, Mayo, 2 O. & H. 191.

46 Vict. c. 18, s. 85, App. xxxiv. as to England, and 13 & 14 Vict. c. 69, s. 92, App. xliv. as to Ireland. There was no enactment for Scotland, prior to the Ballot Act, as to personation, but rule 59 of the Ballot Act authorises candidates to appoint agents to attend at the polling stations.

5 Ballot Act, rule 31, App. cvii.

expenses.

formed, or to assist his agent in the performance of CHAP. IV. such duties, and to be present at any place at which his agent may, in pursuance of the Ballot Act, attend. But for the first purpose the Act is For election imperative; it provides that no payments, except in respect of the personal expenses of a candidate, and no advance, loan, or deposit, shall be made by, or on behalf of, any candidate at an election, before, or during, or after such election, otherwise than through an agent or agents whose names and addresses have been declared in writing to the Returning Officer on or before the day of nomination, and any person who makes any such payment, advance, loan, or deposit, otherwise than through such agents, shall be guilty of a misdemeanor. All agents, therefore, for election expenses should be appointed, and their names and addresses declared in writing to the Returning Officer, and published by him on or before the day of nomination.2

4

3

An agent to detect personation may be appointed To detect at any time previous to the time fixed for taking personation. the poll; and, when appointed, notice in writing must (in English and Irish elections) be given to the Returning Officer, or his deputy, of his name and address. These agents are also entitled to be present at the voting of illiterate or incapable voters. They are to make the statutory declaration of secrecy, and are expressly prohibited from interfering with the voters or applicants for ballot papers, from attempting to look at the ballot papers, or obtain information as to how any vote is given, and from communicating to any person any information they may have obtained about any vote, or the number of any ballot paper. It will

5

1 Ballot Act, rule 51, App. cxi.

2 26 Vict. c. 29, s. 2, App. xlv.

3 6 Vict. c. 18, s. 85, App. xxxiv. as to England, and 13 & 14 Vict. c. 69, s. 92, App. xliv. as to Ireland; there is no such provision as to Scotland.

+ Ballot Act, rule 26, App. cvi.

5 Ib. rule 54, App. cxii.

6 Ib. s. 4, App. lxxxv.

CHAP. IV.

To attend at counting votes.

Declaration

be taken by

agent.

be the duty of the presiding officers to see that the agents conform to the directions of the Ballot Act, and to remove them if they misconduct themselves.1

The name or address of any agent appointed to attend the counting of the votes must be transmitted to the Returning Officer one clear day at the least before the opening of the poll, and the Returning Officer may refuse to admit an agent to see the votes counted, if his name and address have not been so transmitted.2

Any agent who is authorised to attend at a pollof secrecy to ing station or at the counting of the votes is required to make the statutory declaration of secrecy prescribed by the Ballot Act in the presence either of a Justice of the Peace or of the Returning Officer Any agent who is guilty of infringing the secrecy of the Ballot is liable to six months' imprisonment with hard labour.*

Appoint

3

If an agent appointed either to attend the polling ment of fresh station, or at the counting of the votes, dies, or beagent. comes incapable of acting, the candidate may, if he please, appoint another agent in his place, and shall forthwith give to the Returning Officer notice in writing of the name and address of the agent so appointed. If the agent for election expenses dies or becomes incapable, the candidate has no option, but is required forthwith to appoint a fresh agent."

5

1 Ballot Act, s. 9, App. lxxxviii.

2 Ib. rule 52, App. cxi.

3 Id. rule 54, App. cxii. If a candidate undertakes the duties of agent, as he may do if he pleases (ante, p. 72), he is not obliged to take this statutory declaration; but if, having undertaken these duties himself, he contravenes the secrecy enjoined by s. 4 of the Ballot Act, he is liable to be punished in the same way as an agent would be. Per Brett, J., in Clementson v.

Mason, L. R. 10 C. P. 213.

4 Ballot Act, s. 4, App. lxxxv.

As to the effect of an agent

infringing the secrecy of the ballot, see dicta of Mellor, J., Bolton, 2 O. & H. 141-144.

5 Id. rule 53, App. cxii.

626 Vict., c. 29, s. 2, App. lxv.