AND

At parliamentary elections, if the votes are equal, the MUNICIPAL returning officer may vote if duly qualified: 35 & 36 COUNTY Vict. c. 33, s. 2. But at municipal and county council COUNCILS. elections, the returning officer, whether entitled or not If votes equal. to vote in the first instance, has a casting vote: 45 & 46 Vict. c. 50, s. 58 (5).

When at an election of aldermen the votes were equal, and the chairman refused to exercise his right under section 60 (6) of the last-mentioned Act, of giving a casting vote, the Court granted a mandamus for another election: R. v. Corporation of Winchester, Times Newspaper, July 12th, 1894.

Under similar circumstances at parliamentary elections a returning officer has often made a double return.

If at the termination of a scrutiny the votes are equal, it is a void election: Cirencester, Day's El. Cas. 160; 4 O'M. & H. 194.

tion of

On the conclusion of the counting, the declaration of Declaraelection must be made forthwith: section 2. The duty election. of a returning officer is, upon the completion of the counting, to declare that candidate elected who has received the majority of votes.

As stated before, he has no power to decide upon the eligibility of candidates: Pritchard v. Mayor of Bangor, 13 App. Cas. 241 H. L.; 57 L. J., Q. B. 213. His duty as regards the declaration of election is ministerial only. Whichever candidate is shown by the counting to have a numerical majority, must be forthwith declared elected.

The returning officer must, as soon as possible, give public notice of the names of the candidates elected. The notice must not only contain the number of votes given for the successful candidates, but for the unsuccessful candidates also: rule 45.

A returning officer, who neglects or refuses to declare elected the candidate with the majority of votes, is, in addition to any other penalty or liability, to forfeit 1007. to the person aggrieved: see 35 & 36 Vict. c. 33, s. 11, and 45 & 46 Vict. c. 50, s. 75 (1), and ante, p. 45.

In county council elections the returning officer is to

MUNICIPAL return the names of the persons elected to the clerk of the county council: 51 & 52 Vict. c. 41, s. 75 (8).

AND COUNTY COUNCILS.

Acceptance of office.

Custody of ballot

As to the declaration to be made by councillors upon being elected, see 45 & 46 Vict. c. 50, ss. 34 and 35, and Schedule VIII., post, p. 449; and as to when the declaration is to be made, and as to who are exempt from serving, see s. 34, supra; and for county councillors, see 51 & 52 Vict. c. 41, s. 75 (14), amended by 54 & 55 Vict. c. 68, s. 5.

Where a councillor is elected for more than one ward, see 45 & 46 Vict. c. 50, s. 68, as to the choice to be made, and when. Sections 34 and 68 both provide for notice being given.

On the completion of the counting, the returning papers, &c. officer must seal up in separate packets-1, the counted; 2, the rejected, ballot papers. He must then, in the presence of the agents, verify the ballot paper accounts by comparing them with the number in the ballot box, which he has already recorded, the unused and spoilt ballot papers, and the list of tendered votes furnished by each presiding officer, and must reseal each packet after such examination, reporting to the town clerk (c) the result, and allowing the agents to take a copy of such report if they wish.

He is not to open the packet of tendered ballot papers, or the marked copy of the register of voters, or the counterfoils of the ballot papers: rule 37.

He must report to the town clerk the number of rejected ballot papers and heads of objections: rules 36, 37.

He is, as soon as possible after the election, to deliver to the town clerk the packets of ballot papers with the reports above mentioned, the ballot paper accounts, the tendered votes list, the lists of votes, marked by the presiding officer, with the statements relating thereto,

(c) The town clerk is substituted in this and the following rules for clerk of the Crown by 35 & 36 Vict. c. 33, Sched. I., Part II.,

AND COUNTY

the declarations of inability to read, the packets of MUNICIPAL counterfoils and the marked copies of registers, indorsing on each packet a description of its contents, the COUNCILS. date of the election to which it relates, and the name of the borough for which the election was held : rules 38 and 64.

The above documents remain in the custody of the town clerk for a year, and are then destroyed, unless the county court, having jurisdiction in the borough or tribunal in which a municipal election is questioned,

order otherwise: rules 39 and 64.

After the documents have been deposited with the Order for town clerk, no person is to be allowed to inspect any of ballot inspection rejected ballot papers except under the order of the papers. above mentioned authorities: rules 40 and 64 (b).

An appeal lies from any order of the county court made under these rules: rule 64 (b).

An application for inspection of ballot papers under this rule, where no petition had been filed, was refused: Darwen, 80 L. T. N. 153.

A similar provision is made with regard to the ballot papers and counterfoils, but care must be taken, in making and carrying out any order, that the way in which any elector voted be not discovered till it be proved that he did vote, and that his vote was void: rule 41.

As to when inspection will be granted, see post, p. 236. With the exceptions above mentioned-viz., the rejected ballot papers, the counted ballot papers, and the counterfoils-all the documents forwarded by the returning officer to the town clerk are to be open to public inspection, and copies of them or extracts therefrom may be taken: rule 42 (d). If the town clerk refuse to permit inspection of the marked register, it will be ordered by the court as of course: James v. Henderson, 43 L. J., C. P. 238.

At county council elections the returning officer must When re

(d) As to the production of documents from the office of the town clerk, and as to their effect as evidence, see rule 43, and post, P. 250.

turns and

AND COUNTY COUNCILS.

MUNICIPAL Within twenty-one days after the day on which the return is made of the persons elected, transmit to the county council a detailed account of all the charges claimed by him in respect of the election : 38 & 39 Vict. c. 84, s. 4, and 51 & 52 Vict. c. 41, s. 75 (19). As to the account, see post, p. 195.

claims to be made.

At municipal and county council elections every claim in respect of expenses incurred by or on behalf of a candidate on account of the election of a councillor must be sent in within fourteen days of the day of election, and be paid within twenty-one days after the day of election: 47 & 48 Vict. c. 70, s. 21 (1). See further, post, p. 193.

Every agent of a candidate must within twenty-three days after the day of election of a councillor make a return to the candidate, in writing, of all expenses incurred by him on account of the election : 47 & 48 Vict. c. 70, s. 21 (2). If he fails in this he is liable to a fine not exceeding 501.: Ibid.

Every candidate must, within twenty-eight days after the day of election of a councillor, send to the town clerk a return of all expenses incurred by him or his agents on account of the election : 47 & 48 Vict. c. 70, s. 21 (3), 51 & 52 Vict. c. 41, s. 75 (5). As to these expenses, see post, p. 188.

The return is to be vouched, except in the case of sums under 20s., by bills stating the particulars and receipts, and accompanied by a declaration: 47 & 48 Vict. c. 70, s. 21 (3). The declaration must be in the form set forth in the Fourth Schedule of that Act or to the like effect: Ibid.

Election expenses have been, in several parliamentary cases, omitted from the return, but relief was granted: see Day's El. Cas., p. 39. In numerous other cases objection was taken to the return as not being in accordance with the form given by 46 & 47 Vict. c. 51; the latter cases do not seem to apply because no form of return is given in municipal or county council elections. It would, however, be advisable to follow, as far as may be, the parliamentary form of return.

AND COUNTY

If the return and declarations are not made before MUNICIPAL the expiration of the time limited for the purpose, the candidate shall not, after the expiration of the time, sit COUNCILS. or vote until the same have been made, or until the If return and declaallowance of such an authorized excuse for the failure to ration not made. transmit the same as mentioned in the Act. As to what is an authorized excuse, see Relief, post, p. 258. If he does sit or vote he is to forfeit 501. for every day on which he so sits or votes to any person who sues for the same: 47 & 48 Vict. c. 70, s. 21 (4). The penalties may be recovered by a common informer: Bradlaugh v. Clarke, 8 App. Cas. 354; 52 L. J., Q. B. 505. They cannot be remitted by the Crown: Todd v. Robinson, 12 Q. B. D. 530; 53 L. J., Q. B. 251.

The return and declaration must be sent although no expenses have been incurred by the candidate in and about the election: Ex parte Robson, 18 Q. B. D. 336; 55 L. T., N. S. 813.

If without such authorized excuse a candidate fails to make the return and declaration, he is guilty of an illegal practice: 47 & 48 Vict. c. 70, s. 21 (5). As to the penalty for an illegal practice, see post, p. 362.

claration.

If a candidate knowingly makes the declaration falsely, Making he is guilty of an offence, and on conviction on indict- false dement is liable to the punishment for wilful and corrupt perjury; such offence is also to be deemed a corrupt practice within the meaning of the Act: Ibid. As to the penalty and disabilities for a corrupt practice, see post, p. 301.

mental

The county court for the district in which the election Supplewas held, or the High Court or an Election Court may, claims and on application either of the candidate or creditor, allow returns. any claim to be sent in and any expense to be paid after the time limited. A return of any sum so paid must be sent forthwith to the town clerk: Ibid., s. 21 (6).

declara

The return and declaration are to be kept by the Return and town clerk for twelve months after he has received them, tion to be and they are to be open to inspection by any person on kept. payment of 18., and copies may be had at the price of