papers, and mixes the whole before counting the votes. He is to take precautions for preventing any one seeing the numbers on the backs (R. 34). The counting proceeds continuously as far as practicable, excluding (unless the officer and agents otherwise agree) the hours between 7 p.m. and 9 a.m. During the intervals of counting, the election documents are placed under seal, and otherwise secured, to prevent their being tampered with (R. 35).

The returning officer rejects as void ballot papers which (1) want the official mark on the back, (2) on which votes are given for more candidates than the elector is entitled to vote for, (3) on which anything except the number on the back is marked or written by which the voter can be identified, or (4) which are unmarked or marked so that it is uncertain for whom the vote is given (s. 2, R. 36).

He endorses "rejected" on such papers; adds "rejection objected to" if that is so, and makes a report of the number rejected under their several heads. His decision as to any question about a ballot paper is final, subject to reversal on an election petition. In case of an equality of votes, the returning officer if an elector of the county or borough has a casting vote, but he has no vote in any other case (s. 2). If he is not an elector, he makes a double return.


Having ascertained the result of the poll, the returning officer forthwith declares elected the candidate who has the majority of votes, and makes a return to the Clerk of the Crown in Chancery, which he does by indorsing a certificate on the writ of election, which may be sent by post. He is also to give as soon as possible public notice of the names of the candidates elected and the numbers at the poll (s. 2, R. 44, 45).

On the completion of the counting the returning officer seals up in separate packets the counted and rejected ballot papers, verifies each ballot paper account by comparing it with the number of papers he has recorded, and the unused and spoilt ballot papers and tendered votes list, so as to see that all the authorized ballot papers have been accounted for, and no unauthorized ones have been introduced, and makes a report of such verification. He forwards this report and the report of the rejected ballot papers, along with the ballot papers and whole other election documents, made up in separate sealed packets, and described so as to identify them, to the SheriffClerk of the county in which the return is made (R. 37, 38). The Sheriff-Clerk retains these election documents for a year, and then destroys them, unless otherwise directed by an order of the House of Commons or a Superior Court (R. 39).


All documents forwarded as above, other than ballot papers and counterfoils, may be inspected under regulations prescribed by the Sheriff-Clerk, with the consent of the Speaker of the House of

Commons (R. 42). No person is allowed to inspect the rejected ballot papers in the Sheriff-Clerk's hands, except under order of the House of Commons or the Supreme Court, granted on evidence on oath that the inspection or production is required for a prosecution or election petition (R. 40). No person is allowed to open the packet of counterfoils after being sealed up by the presiding officer, or inspect the counted ballot papers in the Sheriff-Clerk's hands, except under order of the House of Commons or election petition tribunal; and care is to be taken that the mode in which a voter has voted is not to be discovered until he has been proved to have voted and his vote declared invalid (R. 41). No voter is required in any legal proceeding questioning the election or return to state for whom he has voted (s. 12).

If on the trial of an election petition claiming the seat, it is proved that the candidate, or his agent, has been guilty of bribery, treating, or undue influence, in respect to a person who has voted, or that a person employed for reward on the candidate's behalf at the election has voted, one vote for every such person is struck off the number of votes given to such candidate (s. 25); consequently a vote may be struck off although the voter has voted against the candidate.


Every person who (1) forges or fraudulently defaces or destroys a nomination paper, or delivers a nomination paper knowing it to be forged; or (2) forges, or counterfeits, or fraudulently defaces or destroys a ballot paper or the official mark on it; or (3) without due authority supplies a ballot paper; or (4) fraudulently puts into the ballot box a paper other than the authorized ballot paper; or (5) fraudulently takes a ballot paper out of the station; or (6) without due authority destroys, takes, opens, or otherwise interferes with the ballot box or packet of ballot papers then in use at the election, is guilty of a crime and offence; and is liable, if a returning officer or officer or clerk at a polling station, to imprisonment for two years, with or without hard labour; if any other person, to six months' imprisonment, with or without hard labour. The attempt to commit any of these offences is punishable as the offence itself. It does not appear why a person assisting the returning officer at counting the votes, who has as great opportunities of spoiling the ballot papers as the officials at a polling station, should not be liable to the greater penalty as well as they. In an indictment or other prosecution for an offence in relation to nomination and ballot papers, ballot boxes and stamping instruments, the property in them may be stated to be in the returning officer as well as the property in the counterfoils (s. 3).

The provisions of the fourth section requiring secrecy have been already detailed. Every person who acts in contravention of these provisions is liable, on summary conviction before the Sheriff, to VOL. XVII. NO. CXCIV.-FEB. 1873.


six months' imprisonment, with or without hard labour (ss. 4, 16 [2]). Some parts of this section are not expressed as satisfactorily as might be desired, considering that it creates a new class of offences. Thus, officials at polling stations "shall maintain and aid in maintaining the secrecy of the voting." But how far is a presiding officer to go in maintaining secrecy? As the Act gives him no power to prevent voters from displaying their votes, how can he maintain secrecy in such cases? and is he to be punished if he fails to do that which the Act gives him no means 'of doing? Again, it is an offence for any person to" indirectly induce" a voter to display his marked ballot paper. It seems odd to punish one for inducing an elector to do that which is not illegal. Then, what acts come under the expression "indirectly induce?" If a candidate declaims against secrecy of voting as unmanly and un-English, and voters are thereby induced to display their votes, is that an indirect inducement in the sense of the Act?

Every returning officer, presiding officer, and clerk, guilty of any wilful act or omission in contravention of the Act is, in addition to any other penalty to which he may be subject, liable to forfeit a sum not exceeding £100 to any person aggrieved by such act or omission.

Personation was not, previous to the Ballot Act, a statutory crime and offence in Scotland, except in regard to University elections. It is now made a statutory crime and offence, which, or the aiding, abetting, counselling or procuring the commission of which, is punishalle by imprisonment for a term not exceeding two years, together with hard labour. A person is guilty of personation who, at an election for a county or borough, or at a municipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or a fictitious person, or who, having voted once at any such election, applies at the same election for a ballot paper (s. 24). This definition does not and cannot apply to University elections where the vote is not conducted by ballot. The definition of the offence in the case of University elections will be found in 24 & 25 Vict. c. 53, s. 5; applied to Scotland by 31 & 32 Vict. c. 48, s. 39. Personation is made a corrupt practice within the meaning of the Parliamentary Elections Act, 1868 (s. 24). A candidate guilty, by himself or agent, of the offence of aiding, abetting, counselling, or procuring its commission, is incapable of sitting for the county or borough during the Parliament then in existence. This part of the Act is to be construed as one with the Parliamentary Elections Act, 1868, s. 27.


Ballot boxes, ballot papers, stamping instruments, and other requisites for a Parliamentary election are to be "provided and paid for in the same manner as polling rooms or booths under" 2 & 3 Will. IV. c. 65, s. 40, which enacted that the polling booths or rooms

should be hired, constructed, or prepared by contract with the candidates, or, if they could not agree, with the Sheriff Clerk, at their joint and equal expense. Are the ballot boxes, stamping instruments, nomination papers, ballot papers to be "provided" by contract with the candidates? The remuneration of presiding officers, &c., and other expenses properly incurred in carrying into effect the provisions of the Act, are paid by the candidate-any one proposing a candidate without his consent being liable as a candidate (s. 16 [5]).


The Law Magazine and Review. New Series. Nos. XI. and XII., December 1872. London: Butterworths, 7 Fleet Street.

Our contemporary signalizes the close of the first year of his renewed and vigorous life as a monthly magazine by the appearance of a double number, which it may fairly be said is superior to its predecessors in quality as well as in size. The names and authorship of some of the articles indicate the variety of subjects, and guarantee the ability of their treatment. The recent able and interesting paper by Mr. Fitzjames Stephen, on "The Codification of India and England," is by permission printed at full length, and the careful reader will be inclined to exclaim when he reads it, that it seems to make an English and a Scottish code ten years nearer us than it was before. Mr. Frederick Pollock's series of papers on the Personal Character of Obligations in English Law reaches the end of "contracts with uncertain persons," and presents indications of the same careful handling of his subject, and large views of legal science which marked the earlier articles. Mr. Finlayson, a learned and well-known writer, contributes a very interesting historical sketch of the English Judicial System and its influence on the formation of the law. Mr. Cliffe Leslie writes in defence of Sir Henry Maine, against a flippant and grossly ignorant attack by a Mr. J. O'Connell, which appeared to our surprise in the preceding number of the Law Magazine and Review.

The January number of the Magazine, which begins the second volume of the new series, has been received since the foregoing sentences were sent to the printer. It contains a continuation of a paper on the Scientific Arrangement of Actual Law, which appeared in the July number, and articles, inter alia, on the Growth of the English Constitution, the Education of Attorneys (who might have been recommended, in consideration of the passing of 35 & 36 Vict. eap. 81, to begin their career by passing as Scotch Advocates).

The pages devoted to legal gossip condemn Mr. Justice Brett's sentence on the gas-stokers, and the niggardliness of the Govern

ment in criminal prosecutions, and recommend the appointment of legal functionaries to act as Income-Tax Commissioners.

The Rule of the Law of Fixtures. By ARCHIBALD BROWN, M.A. Edin. and Oxon, and of the Middle Temple, Barrister at Law. Second Edition. London: Stevens and Haynes.

THE first edition of this valuable work, published at the close of last year, has been speedily disposed of, and this much enlarged edition has taken its place. All who have had occasion to study the Law of Fixtures must acknowledge that it is beset with no small difficulty. It is not the mere mechanical question as to how fixed, but the why. It matters little whether drove nails or screw nails be the link of attachment; the purpose and intention is of greater importance. This again is varied as the case arises between heir and executor, seller and purchaser, landlord and tenant, heritable and personal creditors. The case of Fisher and Dixon, in all its varieties, illustrates the philosophy of the law on this branch, and has been long the leading authority alike in England as in Scotland. Mr. Brown has shewn much research in marshalling all authorities bearing on the important subject. The American decisions are extremely valuable, and in an Appendix he has introduced the decisions of the Sheriff-Court at Perth on the fixtures in the ancient castle of Murthly.

A Systematic View of the Science of Jurisprudence. By SHELDON AMOS, M.A., Barrister-at-Law, Professor of Jurisprudence, University College, London, Tutor to the Inner Temple in Jurisprudence, Civil Law and International Law. London: Longmans, Green & Co. 1872.

IT cannot be denied that Mr. Amos has been called to fill important positions, or that he has plenty of work appointed for him in teaching the youthful aspirants to the English Bar such important subjects as jurisprudence, civil law and international law. On this side of the Tweed we are somewhat unfortunate, for we have not been able to satisfy ourselves that any one man can be got to discharge efficiently all the important functions which Mr. Amos discharges. This of course is owing to the utter absence of versatility among Scotsmen; for, with our proverbial thriftiness, we should undoubtedly have all legal subjects taught by one professor if we could have found from experience that such a thing was at all possible. We must confess, however, that we are very much alarmed for our future in this respect; for should Mr. Lowe hear of the comprehensiveness of Mr. Amos's legal attainments, we cannot doubt that he will decline to fill up vacant Scotch legal professorial chairs until his Government shall have had time to prepare and pass through Parliament a bill for the abolition of at least five out of the six as vacancies occur. Heaven forbid that such a dire result

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