such duty, the guardians are to appoint some other person to act or to perform such of the duties of the returning officer as then remain to be performed: rule 1. The returning officer must appoint an office for the purposes of the election: rule 1 (3). He may, in writing, appoint one or more fit persons to be his deputy or deputies for all or any of the purposes relating to the election, and must appoint such a deputy in the case and for the purposes mentioned in rule 21 (1), post, p. 646. A deputy returning officer, whether appointed under this rule or by rule 13, infra, is to have all the powers, duties, and liabilities of the returning officer: rule 1 (4). If the poll for the election of guardians for the parish and of urban district councillors are to be taken together, the returning officer at the election of urban district councillors for the urban district shall be the deputy returning officer for the purposes mentioned in rules 1 (4), 14, 15, 16, 17, 18 and 19, and shall be substituted for the returning officer for those purposes: rule 13. BOARD OF GUAR- districts. If a parish is divided into wards for the election of Polling urban district councillors (including the councillors of a borough), the whole of each such ward being comprised in the parish, and the lists of parochial electors are made out in separate parts for such wards, each ward is to be a polling district for the election of guardians : rule 14 (a). If the parish is not so divided, but is divided into polling districts for the election of county councillors, or if it is not divided into such polling districts, but is divided into polling districts for the election of the councillors of a borough, the whole of each such district being comprised in the parish, and the lists of parochial electors are made out in separate parts for such districts, each district is to be a polling district for the election of guardians rule 14 (b). Except in the above cases the returning officer may, if he thinks fit, divide the parish into polling districts for the election of guardians, but each district shall R. E BOARD OF GUAR- Polling places. Preparations for poll. consist of an area for which separate lists of parochial electors will be available: rule 14 (c). The polling districts for the election of guardians and of any urban district councillors, when the polls for the two elections are taken together, are to be the same: rule 14 (d). The returning officer is to determine the number and situation of the polling places: rule 15. But no premises licensed for the sale of intoxicating liquor are to be used for a polling place: Ibid. It is also provided that the polling stations for the election of guardians and of any urban district councillors, when the polls for the two elections are taken together, must be the same: Ibid. Unless the county council otherwise direct, the number of polling stations is to be as follows:-Where the number of parochial electors in the parish or in any polling district is not more than 500, one polling station for the parish or polling district; and so on for each additional 500 parochial electors, or for any less number of parochial electors over and above the last 500: Ibid. The returning officer. is, subject to the above rule, to provide a sufficient number of polling stations for the accommodation of the electors entitled to vote at such polling place, and shall distribute the polling stations amongst those electors in such manner as he thinks most convenient: Schedule, rule 15. He may use schools receiving a grant and public rooms free of charge, for taking the poll, hearing objections to nomination papers, and counting votes: 56 & 57 Vict. c. 73, s. 48 (3) (a). A separate room or separate booth may contain a separate polling station, or several polling stations may be constructed in the same room or booth: Schedule, rule 17. The returning officer is to furnish every polling station with such number of compartments in which the voters can mark their votes screened from observation, and to furnish each presiding officer with such number of ballot papers as may be necessary for effectually taking the poll at the election: rule 18. He is to provide each polling station with materials for voters to mark the ballot papers, with instruments for stamping thereon the official mark, and with copies of the register of voters, or such part thereof as contains the names of the voters allotted to vote at such station. He shall keep the official mark secret: Schedule, rule 20. At municipal elections the same mark may not be used again for seven years: see ante, p. 39. Every ballot paper must contain a list of the candidates described as in their respective nomination papers, and arranged alphabetically in the order of their sur names, and (if there are two or more candidates with the same surname) of their other names. It is to be in the form given post, p. 592, or as near thereto as circumstances admit, and shall be capable of being folded up: Schedule, rule 22. Each ballot paper must have a number printed on the back, and have attached a counterfoil with the same number printed on the face: Schedule, section 2. The ballot papers used at the election of guardians must be of a different colour from those used in the election of any urban district councillors in the parish when the polls for the two elections are taken together: rule 25 (3). The returning officer is also to provide such nomination papers, ballot boxes, and other things, appoint and pay such officers, and do such other acts and things as may be necessary for effectually conducting the election: Schedule, section 8. No person shall be appointed by a returning officer for the purposes of an election who has been employed by any other person in or about the election: Schedule, rule 49. Every ballot box must be so constructed that the ballot papers can be introduced therein, but cannot be withdrawn therefrom, without the box being unlocked: Schedule, rule 23. BOARD OF GUAR- BOARD OF GUAR DIANS. Agents. Other provisions. If polls are taken together at an election of guardians and urban district councillors, separate ballot boxes must be used for the two elections; but no vote for any guardian shall be rendered invalid by the ballot paper being placed in the box for the reception of ballot papers for urban district councillors: rule 25 (2). As to the use of ballot boxes belonging to any public authority, see ante, p. 54. As to the duties and liabilities of a returning officer, see ante, p. 41. But an action under 45 & 46 Vict. c. 50, s. 75, can only be brought within three months: see post, p. 595. Agents may be employed, but, with the exception of a polling agent, may not be paid. If there are only two candidates, each of them may, in writing, appoint a polling agent for each polling station, who may be paid or unpaid. If there are more than two candidates, any number of them, being not less than one-third, may, in writing, appoint one polling agent for each polling station, who may be paid or unpaid. Any such appointment must be delivered at the office of the returning officer not less than two clear days before the day of the poll: rules 19 and 27 (4). Each candidate may appoint an agent to attend the counting of the votes: Schedule, rule 31. The name and address of such agent must be transmitted to the returning officer one clear day at least before the opening of the poll: Schedule, rule 52. In case of any agent becoming incapable of acting, another may be appointed: see Schedule, rule 53, post, p. 591. As to the number of persons who may be employed as clerks or messengers, see 47 & 48 Vict. c. 70, s. 13, post, p. 190. If the parish is situate in more than one county, it is for the purposes of this Order to be deemed to be wholly situate in the county which, according to the census of 1891, contains the larger part of its population: rule 30. As to the power of the county council to remove any difficulty arising at the first and other elections, see 56 & 57 Vict. c. 73, ss. 48 (5) and 80, and ante, p. 51. SCHOOL BOARD. BOARD OF GUAR DIANS. vacancies. Ordinary vacancies upon a school board are caused Ordinary by the triennial retirement of members upon the same day of the year as that fixed for the first election : 33 & 34 Vict. c. 75 (The Elementary Education Act, 1870), s. 31 (2), and rules 9 and 11 of Schedule II., Part I., and the General Orders of the 25th of May and October, 1886. The day of retirement in the metropolis is the 1st of December: 33 & 34 Vict. c. 75, Schedule II., Part III., rule 5. Casual vacancies are caused by Death. Resignation by giving one month's previous notice in writing to the board: Ibid., Schedule II., Part I., rule 13. Absence for six successive months from all meetings, except from temporary illness, or other cause approved by the board: Ibid., rule 14. A school board cannot proceed to a new election without first giving an opportunity to the defaulting member to explain the cause of his absence: Richardson v. Methley School Board, [1893] 3 Ch. 510; 62 L. J., Ch. 943; 3 R. 701; 69 L. T., N. S. 308; 42 W. R. 27. As to whether a person who vacates his seat by reason of absence is re-eligible, see ante, p. 28. Imprisonment for any crime: rule 14. Where a member of the London School Board had been imprisoned in Ireland after conviction there by a Court of summary jurisdiction for "unlawfully taking part in a criminal conspiracy to interfere with the administration of the law," it was held that his seat was vacated: Conybeare v. London School Board, [1891] 1 Q. B. 118; 60 L. J., Q. B. 44. Casual vacancies. |