c. 33.

said documents to any person demanding the same, on payment of such 35 & 36 Vict. fees and subject to such regulations as may be sanctioned by the Treasury.

identifies docu

ment.

43. Where an order is made for the production by the Clerk of the Production Crown in Chancery of any document in his possession relating to any specified election, the production by such clerk or his agent of the document ordered, in such manner as may be directed by such order, or by a rule of the court having power to make such order, shall be conclusive evidence that such document relates to the specified election; and any Endorsement endorsement appearing on any packet of ballot papers produced by such evidence. Clerk of the Crown or his agent shall be evidence of such papers being what they are stated to be by the endorsement. The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked thereon in writing, shall be primâ facie evidence that the person who voted by such ballot paper was the person who at the time of such election had affixed to his name in the register of voters at such election the same number as the number written on such counterfoil.

General Provisions.

Ballot paper

and counterfoil
evidence of
identity with

vote on
register.

44. The return of a member or members elected to serve in Parliament Making return. for any county or borough shall be made by a certificate of the names of such member or members under the hand of the returning officer endorsed on the writ of election for such county or borough, and such certificate shall have effect and be dealt with in like manner as the return under the existing law, and the returning officer may, if he think fit, deliver the writ with such certificate endorsed to the postmaster of the principal post By post. office of the place of election, or his deputy, and in that case he shall take a receipt from the postmaster or his deputy for the same; and such postmaster or his deputy shall then forward the same by the first post, free of charge, under cover, to the Clerk of the Crown, with the words "Election Writ and Return" endorsed thereon.

45. The returning officer shall, as soon as possible, give public notice of Notice of the names of the candidates elected, and, in the case of a contested result. election, of the total number of votes given for each candidate, whether

elected or not.

46. Where the returning officer is required or authorized by this Act to Mode of giving give any public notice, he shall carry such requirement into effect by notice. advertisements, placards, handbills, or such other means as he thinks best calculated to afford information to the electors.

47. The returning officer may, if he thinks fit, preside at any polling Beturning offistation, and the provisions of this Act relating to a presiding officer shail cer as presiding apply to such returning officer with the necessary modifications as to officer. things to be done by the returning officer to the presiding officer, or the

presiding officer to the returning officer.

48. In the case of a contested election for any county or borough, the Counting returning officer may, in addition to any clerks, appoint competent persons assistants. to assist him in counting the votes.

49. 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.

Presiding offi

50. The presiding officer may do, by the clerks appointed to assist him, any act which he is required or authorized to do by this Act at a polling cer's delegastation except ordering the arrest, exclusion, or ejection from the polling tion. station of any person.

35 & 36 Vict. c. 33.

Candidate's rights.

Names, &c., of counting

agents notified to returning officer.

Substituting counting agent.

Declaration of secrecy.

* p. 452.

Absence of agent not to invalidate.

Reckoning time.

District borough.

† p. 251.

Polling place."

66 'Agents."

+ p. 405.

51. A candidate may himself undertake the duties which any agent of his if appointed might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place at which his agent may, in pursuance of this Act, attend.

52. The name and address of every agent of a candidate appointed to attend the counting of the votes shall 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 to the place where the votes are counted any agent whose name and address has not been so transmitted, notwithstanding that his appointment may be otherwise valid, and any notice required to be given to an agent by the returning officer may be delivered at or sent by post to such address.

53. If any person appointed an agent by a candidate for the purposes of attending at the polling station or at the counting of the votes dies, or becomes incapable of acting during the time of the election, the candidate may 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.

54. Every returning officer, and every officer, clerk, or agent authorized to attend at a polling station, or at the counting of the votes, shall, before the opening of the poll, make a statutory declaration of secrecy,* in the presence, if he is the returning officer, of a justice of the peace, and if he is any other officer or an agent, of a justice of the peace or of the returning officer; but no such returning officer, clerk, or agent as aforesaid shall, save as aforesaid, be required, as such, to make any declaration or take any oath on the occasion of any election.

55. Where in this Act any expressions are used requiring or authorizing or inferring that any act or thing is to be done in the presence of the agents of the candidates, such expressions shall be deemed to refer to the presence of such agents of the caudidates as may be authorized to attend, and as have in fact attended, at the time and place where such act or thing is being done, and the non-attendance of any agents or agent as such time and place shall not, if such act or thing be otherwise duly done, in anywise invalidate the act or thing done.

56. In reckoning time for the purposes of this Act, Sunday, Christmas Day, Good Friday, and any day set apart for a public fast or public thanksgiving, shall be excluded: and where anything is required by this Act to be done on any day which falls on the above-mentioned days such thing may be done on the next day, unless it is one of the days excluded as above mentioned.

57. In this Act

The expression "district borough" means the borough of Monmouth and any of the boroughs specified in Schedule E. to the Act of the session of the second and third years of the reign of King William the Fourth, chapter forty-five, intituled "An Act to amend the Representation of the People in England and Wales"; † and

The expression "polling place" means, in the case of a borough, such
borough or any part thereof in which a separate booth is required
or authorized by law to be provided; and

The expression "agents of the candidates," used in relation to a
polling station, means agents appointed in pursuance of section
eighty-five of the Act of the session of the sixth and seventh years
of the reign of her present Majesty, chapter eighteen.‡
[58-63. Scotland and Ireland.]

PART II.

35 & 36 Vict.

c. 33.

[64-66. Municipal.]

SECOND SCHEDULE.

Note. The forms contained in this schedule, or forms as nearly resembling the same as circumstances will admit, shall be used in all cases to which they refer and are applicable, and when so used shall be sufficient in law.

Writ for a County or Borough at a Parliamentary Election. *Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the county [or borough] of

of

greeting:

day of

t of the

Whereas by the advice of our Council we have ordered a Parliament to be holden at Westminster on the next. We command you that, notice of the time and place of election being first duly given, you do cause election to be made according to law members [or a member] to serve in Parliament for the said county [or the division of the said county, or the borough, or as the case may be] of § and that you do cause the names of such members [or member] when so elected, whether they [or he] be present or absent, to be certified to us, in our Chancery, without delay.

Witness ourself at Westminster, the

in the

Lord, 18

To the

day of

[See s. 28, p. 439.]

*The name of

the Sovereign
may be altered
when necessary.

+ Insert
"sheriff" or
other returning
officer.
+ This pre-
amble to be
omitted except
in case of a
general
election.
§ Except in

year of our reign, and in the year of our a general

Label or direction of Writ.
t of

A writ of a new election of members [or member] for the said county [or division of a county or borough, or as the case may be].

election, insert here in the place of A. B., deceased, or otherwise, stating the cause of vacancy.

Certificate endorsed on the Writ.

I hereby certify, that the members [or member] elected for in pursuance of the within-written writ, are [or is] A.B. of in the county of

of

and C.D. of

in the county

(Signed)

A.B.,

High Sheriff [or Sheriff, or Mayor, or as the case may be]. Note.-A separate writ will be issued for each county as defined for the purposes of a parliamentary election.

35 & 36 Vict. c. 33., Sched. II.

*Note.-Insert description of place and

room.

there is no opposition, to the election, of a member [or members] for the
said county [or division of a county, or borough] at the
Forms of nomination paper may be obtained at
the hours of

and

on

* between

Every nomination paper must be signed by two registered electors as proposer and seconder, and by eight other registered electors as assenting to the nomination.

Every nomination paper must be delivered to the returning officer by the candidate proposed, or by his proposer and seconder, between the said hours of and on the said day at the said Each candidate nominated, and his proposer and seconder, and one other person selected by the candidate, and no other persons, are entitled to be admitted to the room.

of

In the event of the election being contested, the poll will take place on the day of

Take notice, that all persons who are guilty of bribery, treating, undue influence, personation, or other corrupt practices, or any illegal practice, (a) at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in "The Corrupt Practices Prevention Act, 1854," "The Corrupt and Illegal Practices Prevention Act, 1883," (a) and the Ballot Act, 1872, and the Acts amending the said Acts.

Form of Nomination Paper in Parliamentary Election.
We, the undersigned A.B. of

and C.D. of

being electors for the

in the

of

do hereby nominate

the following person as a proper person to serve as member for the said in Parliament:

We, the undersigned, being registered electors of the do hereby assent to the nomination of the above-mentioned John Brown as a proper person to serve as member for the said Parliament.

in

35 & 36 Vict.

c. 33.

Note. Where a candidate is an Irish peer, or is commonly known by some title, he may be described by his title as if it were his surname.

Form of Nomination in Municipal Election.

Note. The form of nomination paper in a municipal election shall as nearly as circumstances admit be the same as in the case of a parliamentary election.

Note. The number on the ballot paper is to correspond with that in the counterfoil.