already voted at the present election of vestrymen [or auditors or vestrymen and auditors] in this [or any other ward] in the parish. "So help you God."

The form of affirmation at all these elections follows the form of oath, except that it commences: "I, A. B., do solemnly, sincerely and truly declare and affirm that I am the same person,” &c., and omits the words, "So help you God."]

Declaration of Result of Poll.

[As to form of declaration at election of parish councillors, see ante, p. 575; of district councillors, ante, pp. 611, 634; of guardians, ante, p. 658; and of metropolitan vestrymen and auditors, ante, p. 673.]

Notice of Result of Poll.

[As to form of notice at election of parish councillors, see ante, p. 576; of district councillors, ante, pp. 611, 635; of guardians, ante, p. 659; and of metropolitan vestrymen and auditors, ante, p. 674.]

Declaration of Acceptance of Office.

[As to form of declaration at municipal elections, see ante, p. 449, and at elections of rural and urban district councillors, guardians, and metropolitan vestrymen and auditors, ante, p. 613.]

Declaration by Candidate as to Expenses.

[As to form of declaration at municipal and county council elections, see ante, p. 487. At other elections no declaration has to be made.]

General Form of Petition.

[A form of petition is given, ante, p. 544, which is to be used for questioning any of the elections treated of in this book. The following forms, with the necessary modifications, may be used in proceedings relating to any of these elections.]

Petition (alleging Disqualification and claiming the Seat).

In the High Court of Justice,

Queen's Bench Division.

The Municipal Corporations Act, 1882,

1. Your petitioner was a candidate at the above election.

2. And your petitioner states that the election was holden on the 189, when C. D., E. F., G. H., and

day

of

your petitioner were the candidates, and that the said E. F. polled votes, and the said C. B. polled

your petitioner polled

votes, and votes, and the said G. H. polled votes, and that the said E. F. and C. D. have been in the

usual manner declared to be duly elected.

3. And your petitioner says that the said C. D. was not a fit person to be elected to the office of county councillor, and was not a person qualified to be elected or to be a county councillor on the ground that she was a woman [or that he was a felon, or as the case may be].

4. And your petitioner further says that the said disqualification of the said C. D., as in the last paragraph mentioned, was a matter of notoriety in the said division at the time of the said election, and was well known to all persons having votes for the said division, and that the persons who voted for the said C. D. at the time of voting well knew of such disqualification and severally had notice thereof.

5. And your petitioner further says that the votes given for the said C. D. under the circumstances above mentioned were void and of no effect, and that your petitioner had a majority of lawful votes next after the said E. F.

Wherefore your petitioner prays that it may be determined that the election of the said C. D. was void, and that it may be determined and declared that your petitioner, the said A. B., was duly elected and ought to have been returned.

Petition (alleging Corrupt and Illegal Practices, but not claiming the Seat).

In the High Court of Justice,

Queen's Bench Division.

The Municipal Corporations Act, 1882,

and

The Municipal Elections (Corrupt and Illegal Practices) Act, 1884. Election for the office of town councillor for the

ward

and G. H. of

E. F. whose names are

The petition of A. B., of

of

of

subscribed.

1. Your petitioners respectively are persons who voted at the above election.

day of

2. And your petitioners state that the election was holden on the 189 when K. L., M. N., and O. P. were candidates, and that the said K. L. and M. N. have been in the usual manner declared to be duly elected.

3. And your petitioners further say, that before, during, and after the said election the said K. L. was by himself and by his agents guilty of the corrupt practices of bribery, treating, undue influence, and of aiding, abetting, counselling, and procuring the commission of the offence of personation.

4. And your petitioners say that the said K. L. was guilty of illegal practices at the said election by using certain premises known as the Club, being premises where intoxicating liquors were supplied to members of the said club, as a committee room for the purpose of promoting and procuring his election to the office of town councillor at the said election.

5. And your petitioners further say that the said K. L. was guilty of illegal practices at the said election, in that certain persons legally employed for payment under section 13 of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, voted at the said election with the knowledge and consent of the said K. L., and the said K. L., at the time of their voting as aforesaid, knew that they were so employed for payment as aforesaid.

6. And your petitioners further say that the said K. L. was guilty of illegal practices, in that he did not, within twenty-eight days after the day of the said election, send to the town clerk of the said borough a return of all expenses incurred by him and his agents on account of and in respect of the conduct and manage

ment of the said election, accompanied by a declaration by him as required by section 21 of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884.

7. And your petitioners further say that illegal practices, committed in reference to the said election for the purpose of promoting the election of the said K. L. thereat, have so extensively prevailed that they may be reasonably supposed to have affected the result of the said election.

Wherefore your petitioners pray that it may be determined that the said K. L. was not duly elected, and that his election was void.

Petition (claiming the Seat and a Scrutiny).

[Title as in last Form.]

The petition of A. B., of

whose name is subscribed.

1. Your petitioner was a candidate at the above election.

2. And your petitioner states that the said election was holden on the 189, when C. D. and your petitioner

day of

were candidates, and the returning officer has returned the said C. D. as being duly elected.

3. And your petitioner further says that one E. F., a registered voter for the borough of [or as the case may be], applied for a ballot paper and his application was refused by the presiding officer on the alleged ground that a vote had previously been given in his name, and that the said E. F. thereupon recorded his vote in a tendered ballot paper, and that the said last-mentioned vote is valid and ought now to be added to the poll of your petitioner.

4. And your petitioner further says that two marked ballot papers being votes in favour of the petitioner were erroneously rejected by the returning officer, and his rejection was objected to at the time, and that the said ballot papers are marked in accordance with the provisions of the Ballot Act, 1872, and are valid and ought now to be added to the poll of your petitioner.

5. And your petitioner further says that the returning officer erroneously received certain ballot papers as votes for the said C. D. which were not marked in accordance with the provisions of the said Act, and are void and ought now to be struck off the poll of the said C. D.

6. And your petitioner further says that certain persons per

sonated and voted as and for certain other persons, whose names appeared on the register of voters for the said borough [or as the case may be] and who did not themselves vote, and that the said votes are void and ought now to be struck off the poll of the said C. D.

7. And your petitioner further says that certain persons were guilty of the corrupt practice of bribery [or as the case may be] and voted at the said election, and that the said votes are void and ought now to be struck off the poll of the said C. D.

8. And your petitioner further says that he had a majority of valid and lawful votes at the said election.

Wherefore your petitioner prays that a scrutiny may be allowed of the votes given and tendered at the said election, and that it may be determined that the said C. D. was not duly elected or returned and that his election was void and that your petitioner was duly elected and ought to have been returned.

[As to other forms of petition, see the following cases:— Dudley, 2 O'M. & H. 115 (Rioting and adjournment of poll). Poole, ibid. 123; Kidderminster, ibid. 171 (payment of bribe after election).

Athlone, ibid. 187; Mayo, ibid. 193 (where the returning officer was a respondent, having rejected, in the former case, ballot papers, and, in the latter, a nomination).

Worcester, 3 O'M. & H. 184 (improperly closing poll).]

Appointment of Agent.

In the High Court of Justice,

Queen's Bench Division.

The Municipal Corporations Act, 1882,

and

The Municipal Elections (Corrupt and Illegal Practices) Act,

1884.

In the matter of the election petition for the borough of

[or

I, A. B. [or C. D.], the above-named petitioner [or respondent], do hereby appoint and authorize X. Y., of

as my agent herein.

, solicitor, to act