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without undue delay, and shall quit the polling station as soon as he has put bis ballot paper into the ballot box.
XXVI. The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from voting in manner prescribed by this Act, or if the poll be taken on Saturday) of any voter who declares that he is of the Jewish persuasion, and objects on religious grounds to vote in manner prescribed by this
ct, or of any voter who makes such a declaration as hereinafter mentioned that he is unable to read, shall, in the presence of the agents of the candidates, cause the vote of such voter to be marked on a ballot paper in manner directed by such voter, and the ballot paper to be placed in the ballot box, and the name and number on the register of voters of every voter whose vote is marked in pursuance to this rule, and the reason why it is so narked, shall be entered on a list, in this Act called “ the list of votes marked by the presiding officer.”
The said declaration, in this Act referred to as “ the declaration of inability to read,” shall be made by the voter at the time of polling, before the presiding officer, who shall attest it in the form herein-after mentioned, and no fee, stamp, or other payment shall be charged in respect of such declaration, and the said declaration shall be given to the presiding officer at the time of voting.
XXVII. If a person, representing himself to be a particular elector named on the register, applies for a ballot paper after another person has voted as such elector, the applicant shall, upon duly answering the questions and taking the oath permitted by law to be asked of and to be administered to voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other voter, but the ballot paper (in this Act called a tendered ballot paper) shall be of a colour differing from the other ballot papers, and instead of being put into the ballot box, shall be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of voters, and set aside in a separate packet, and shall not be counted by the returning officer. And the name of the voter and his number on the register shall be entered on a list, in this Act called the tendered votes list.
XXVIII. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in this Act called a spoilt ballot paper), and the spoilt ballot paper shall be immediately cancelled.
XXIX. The presiding officer of each station, as soon as practicable after the close of the poll, shall, in the presence of the agents of the candidates, make up into separate packets sealed with his own seal and the seals of such agents of the candidates as desire to affix their seals,(1.) Each ballot box in use at this station, unopened but with the
key attached; and (2.) The unused and spoilt ballot papers, placed together; and (3.) The tendered ballot papers; and (4.) The marked copies of the register of voters, and the counterfoils
of the ballot papers; and
(5.) The tendered votes list, and the list of votes marked by the
presiding officer, and a statement of the number of the voters
;"*“ Jews,” and “ unable to read," and the declarations of inability to read; and shall deliver such packets to the returning officer.
XXX. The packets shall be accompanied by a statement made by such presiding officer, showing the number of ballot papers entrusted o him, and accounting for them under the heads of ballot papers
in the ballot box, unused, spoilt, and tendered ballot papers, which statement is in this Act referred to as the ballot paper account.
Counting Votes. XXXI. The candidates may respectively appoint agents to attend the counting of the votes.
XXXII. The returning officer shall make arrangements for counting the votes in the presence of the agents of the candidates as soon as practicable after the close of the poll, and shall give to the agents of the candidates appointed to attend at the counting of the votes notice in writing of the time and place at which he will begin to count the
XXXIII. The returning officer, his assistants and clerks, and the agents of the candidates, and no other person, except with the sanction of the returning officer, may be present at the counting of the votes.
XXXIV. Before the returning officer proceeds to count the votes, he shall, in the presence of the agents of the candidates, open each ballot box, and, taking out the papers therein, shall count and record the number thereof, and then mix together the whole of the ballot papers contained in the ballot boxes. The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers.
XXXV. The returning officer shall, so far as practicable, proceed continuously with counting the votes, allowing only time for refreshment, and excluding (except so far as he and the agents otherwise agree) the hours between seven o'clock at night and nine o'clock on the succeeding morning. During the excluded time the returning officer shall place the ballot papers and other documents relating to the election under his own seal and the seals of such of the agents of the candidates as desire to affix their seals, and shall otherwise take proper precautions for the security of such papers and documents.
XXXVI. The returning officer shall endorse “ rejected” on any ballot paper which he may reject as invalid, and shall add to the endorsement “ rejection objected to,” if an objection be in fact made by any agent to his decision.
The returning officer shall report to the Clerk of the Crown in Chancery the number of ballot papers rejected and not counted by him under the several heads of
1. Want of official mark;
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 iuto 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 ur places any mark on the paper by which he may be afterwards identified, his bailot 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 for
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 hereby certify, that the above declaration, having been first read to the above-named A.B., was signed by him in my presence with bis mark
polling station for the county (or borough] of
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 define 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-nine, 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, só far as respects Acts prior to the tenth year of
the reign of George the Third, refers to the edition prepared under tite 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. INFANTS.—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. 7th and 8th William III., cap. 25.
Aliens, by the law of Parliament, are incapable of being Members, and 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, s. 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 151h 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, viz. the Lord