Sect. 45 (5). (5.) Where the borough has wards, the burgess roll shall be made in separate rolls called ward rolls, one for each ward, containing the names of the persons entitled to vote in that ward, and the ward rolls collectively shall constitute the burgess roll (g) (6.) A burgess shall not be enrolled in more than one ward roll (h). (7.) Where a duplicate of a burgess list is made under section thirty-one of the Parliamentary and Municipal Registration Act, 1878, it shall have the same effect as the original, and may be delivered instead thereof (i). (8.) Every person enrolled in the burgess roll shall be deemed to be enrolled as a burgess, and every person not enrolled in the burgess roll shall be deemed to be not enrolled as a burgess. (9.) No stamp duty shall be payable in respect of the enrolment of a burgess. (a) It is provided by the County Electors Act, 1888, s. 7, that the clerk of the peace of every county shall make up a register of all persons registered as burgesses or county electors in the county, both for the county and for each electoral division into which the county is divided for the purpose of election of the county authority, and such number of copies as the clerk of the peace may require of the list of burgesses as revised shall be delivered by the town clerk to such clerk of the peace for the purpose of making up such register. Consequently in all boroughs the revised list of burgesses will be delivered to the town clerk as provided by the above section, and it will be his duty to print and sign the burgess roll, and to send copies of it to the clerk of the peace to enable the latter to make up the roll of county electors. Section 7 of the County Electors Act contains a further provision applying the above section to the roll of county electors. It provides that "the Registration of Electors Acts, and ss. 45, 48 and 71 of the Municipal Corporations Act, 1882, shall apply for the purposes of this section, with the substitution of clerk of the peace for town clerk, and of county register and division register for burgess roll and ward roll respectively, and of electoral division for ward, and of county fund for borough fund." (b) The revising authority is now in every case the revising barrister. (c) In making out the burgess roll of a municipal borough the names of eighty-two persons were put in the wrong wards, and the mistake was not discovered till after the revising barrister had settled the list. Held, that the proper remedy was not a mandamus to the town clerk to correct the roll. Quære whether the remedy was not a mandamus to the revising barrister. Ex parte Keay, 56 J. P. 470 ; 65 L. T. (N.s.) 323. (d) The town clerk of a borough must print the burgess list (s. 48, post). The clerk of the peace must print the list of county electors in places not in boroughs. See note (a), supra. (e) The County Councils (Elections) Act, 1891 (54 & 55 Vict. c. 68), s. 2, post, provides that the county register shall be completed before December 20th, in every year, and come into operation on the next January 1st, and that the burgess lists forming the burgess roll which comes into operation on November 1st in every year, shall on and after that day until the next January 1st, form part of the county register in substitution for the former burgess lists. (ƒ) The County Electors Act, 1888, s. 4, amended by the Local Government Act, s. 76, ante, p. 147, provides as follows: (2) In the construction of the Registration of Electors Acts for the purpose of their application to a parish be conveniently compiled, or put together to serve as lists for polling districts (g) See s. 7 of the County Electors Act, 1888, set out in note (a), supra. (h) This will not apply to county electors, for by s. 7 of the County Electors Act, 1888, it is expressly provided that nothing in that section shall prevent a county elector from being registered in more than one division register. But though he may be registered in more than one, he can only vote in one division at the same election. Knill v. Towse, 24 Q. B. D. 697 ; 59 L. J. Q. B. 455; 63 L. T. (N.s.) 47 ; 38 W. R. 521 ; 54 J. P. 789; 6 T. L. R. 310. (i) It is provided by 41 & 42 Vict. c. 26, s. 31, that the revising barrister shall, as part of the business of the revision, at the request of the town clerk of any municipal borough sign and deliver to him a duplicate of the whole or part of any revised list made out in divisions and relating to that municipal borough. Every such duplicate shall be prepared by the town clerk at whose request it is so signed and shall be kept by him for use for municipal purposes. This section now applies to all boroughs, and also to parishes in new boroughs. See note (a), supra. Sect. 45. NOTE. rolls. 46.—(1.) If and as far as the council so direct, the parish Arrangement burgess lists, and the burgess roll, and the ward rolls (if any), and of lists and the lists of claimants and respondents, or any of those documents, shall be arranged in the same order in which the qualifying properties appear in the rate-book for the parish in which they are situate, or otherwise in such order as will cause those lists and rolls to record the qualifying properties in successive order in the street. or other place in which they are situate. (2.) Subject to any such direction, and to the provisions of this Act as to polling districts, the arrangement of the lists and rolls shall be alphabetical. This section will not apply to parishes not situate in a municipal borough, and even in boroughs it may be superseded by the County Electors Act, 1888, s. 4 (3), set out in note (ƒ) to the last section. It is there provided that, where Sect. 46. NOTE. Correction of burgess roll. roll and a municipal borough or urban district is co-extensive with an electoral division or divisions of a parliamentary county, the list of voters may be directed by the county council to be made out according to the order in which the qualifying premises appear in the rate book, and s. 21 of the 41 & 42 Vict. c. 26, shall apply to such borough or district. The 41 & 42 Vict. c. 26, s. 21, is substantially to the same effect as the text so far as regards the burgess lists and rolls. Therefore, if the county council make no order under s. 7 of the County Electors Act, it will be open to the borough council to make an order under the provisions in the text. 47.-(1.) Where the parish burgess lists are revised under the Parliamentary and Municipal Registration Act, 1878, the burgess roll is subject to alteration or correction in manner provided by section thirty-five of that Act (a). (2.) Where the parish burgess lists are revised under this Act, any person whose claim has been rejected or name expunged at the revision of the lists may apply, within two months after the last sitting of the revision court, to the High Court in the Queen's Bench Division for a mandamus to the mayor to insert his name in the burgess roll; and thereupon the court shall inquire into the title of the applicant to be enrolled (b). (3.) If the court grants a mandamus, the mayor shall insert the name in the burgess roll, and shall add thereto the words "by order of Her Majesty's High Court of Justice," and shall subscribe his name to those words (b). (a) The parish burgess lists and the lists of county electors must now be revised in every case under the Act of 1878. By s. 35 of that Act, "the provisions of the Parliamentary Registration Acts as to appeal from the decision of the revising barrister shall apply to a decision on a revision of the burgess lists, and the provisions of the said Acts as to the alteration or correction of the register, in pursuance of any judgment or order of the Court of Appeal, shall apply to the alteration or correction of the burgess roll made up from the burgess lists as if it were a register of parliamentary voters, except that the notice of the judgment or order shall be given to the town clerk having the custody of the burgess roll, and the alteration or correction shall be made and signed by him." This provision will apply to the lists and roll of county electors with the necessary modifications. (b) As no lists will henceforth be made out "under this Act," sub-ss. (2) and (3) are practically repealed. Printing and 48. The town clerk shall cause the parish burgess lists, the sale of burgess lists of claimants and respondents, and the burgess roll to be printed, and shall deliver printed copies to any person on payment of a reasonable price for each copy. other docu ments. (2.) Subject to section thirty of the Parliamentary and Municipal Registration Act, 1878, the proceeds of sale shall go to the borough fund. For the provisions of the County Electors Act, 1888, applying this section to the roll of county electors, see note (a) to s. 45, ante, p. 280. The 41 & 42 Vict. c. 26, s. 30, sub-s. (1) of which now applies to all boroughs, provides that one-half of the moneys received in respect of the burgess lists shall be applied in the manner directed by the Parliamentary Registration Acts, and the other half shall be paid to the borough fund. Sect. 48. NOTE. 49.—(1.) The overseers of each parish shall, at the same time Separate list of persons that they make the parish burgess list, make a list of the persons qualified to be entitled in respect of the occupation of property in that parish to be councillors elected councillors, as being resident within fifteen miles although burgesses. beyond seven miles from the borough. (2.) The provisions of this Act as to the parish burgess lists, and claims and objections relating thereto, and the revision of those lists shall, as nearly as circumstances admit, apply to the lists made under this section. (3.) The town clerk shall arrange the names entered in these lists, when revised, in alphabetical order as a separate list (in this Act called the separate non-resident list), with an appropriate heading, at the end of the burgess roll. The separate non-resident list will continue to be made out in boroughs as heretofore. The list so made out in boroughs will contain the names of persons who are entitled to be enrolled as burgesses in all respects save that of residence within seven miles of the borough, but who, by reason of residence within the fifteen mile limit, are qualified to be elected councillors under s. 11, sub-s. (2), ante, p. 250. If a person is enrolled on a borough non-resident list, he will also be qualified to be elected a county councillor for the county of which the borough forms a part. See the Local Government Act, s. 75 (12), ante, p 144. A precisely similar list is to be made out for each county. The County Electors Act, 1888, s. 12, provides that "a list of persons occupying property in a county, and residing within fifteen miles, but more than seven miles, from the county, shall be made out in accordance with s. 49 of the Municipal Corporations Act, 1882, and that section shall apply as if it were herein re-enacted, with the substitution of county' for 'borough,' and of county elector' for 'burgess,' and of 'clerk of the peace' for 'town clerk.'" It is provided by the Local Government Act, s. 76 (6), ante, p. 150, that nothing in s. 12 of the County Electors Act applies to any person occupying property in a borough. The reason of this provision is obvious; it avoids the necessity of including in the county non-resident list the names of persons who are enrolled in the corresponding list in the borough. But the result is that a person who occupies property in a borough, and who resides more than fifteen miles from the borough, will not be qualified to be elected a councillor, though his residence may be in the county, or within fifteen miles of its boundary. This hardship is more apparent than real, for such a person will generally be qualified as a county elector in respect of his residence. In counties outside boroughs the overseers must make a separate nonresident list for their parishes. These lists will be revised by the revising barrister and arranged by the clerk of the peace, as provided by the above section. As to the mode of measuring the distance, see s. 231, post. In the county of London there will be no separate non-resident list, for by s. 77 of the Local Government Act, ante, p. 151, the persons whose names would appear upon it in London are to be registered as county electors. but not to be Sect. 50 (1). Borough and ward elections. Title to vote. Day of election. Returning officer at election. Election of Councillors. 50. (1.) Where a borough has no wards, there shall be one election of councillors for the whole borough. (2.) Where a borough has wards, there shall be a separate election of councillors for each ward. The Local Government Act, s. 2, ante, p. 1, provides that the members of a county council shall be elected in like manner as the council of a borough divided into wards. The divisions of a county are to be called electoral divisions, and not wards. There will therefore be a separate election of councillors for each electoral division. 51.-(1.) At an election of councillors a person shall be entitled to subscribe a nomination paper (a), and to demand and receive a voting paper, and to vote (b), if he is enrolled in the burgess roll, or in the case of a ward election, the ward roll, and not otherwise. (2.) No person shall subscribe a nomination paper in or for more than one ward, or vote in more than one ward (c). (3.) Nothing in this section shall entitle any person to do any act therein mentioned who is prohibited by law from doing it, or relieve him from any penalty to which he may be liable for doing it (d). (a) As to nomination papers and nominations, see Sched. 3, Part II., post. (b) But observe, that though a person whose name is on the burgess roll (or roll of county electors, as the case may be) is entitled to vote, yet unless he is entitled to be so enrolled, he is not qualified to be elected a councillor. See Flintham v. Roxburgh, ante, p. 252. (c) It is provided by s. 45, sub-s. (6), ante, p. 280, that a burgess shall not be enrolled in more than one ward roll. By the County Electors Act, 1888, s. 7, sub-s. (4), a county elector may be registered in more than one division register. But though he may be registered in more than one he cannot vote in more than one division of the county at the same election. Knill v. Towse, ante, p. 281. (d) Persons found guilty of corrupt or illegal practices, or of illegal payment, employment, or hiring at a municipal election, are prohibited from voting by 47 & 48 Vict. c. 70, ss. 2, 22, 23 and Sched. 3, Part II., post. 52. The ordinary day of election of councillors shall be the first of November. The ordinary day of election of county councillors is now a day to be fixed by the county council not less than six weeks before the ordinary day of retirement of county councillors. 54 & 55 Vict. c. 68, s. 1, post. 53.—(1.) At an election of councillors for a whole borough the returning officer shall be the mayor. (2.) At an election for a ward the returning officer shall be an |