Schedule 3.

15. The town clerk shall, at least four days before the date of election, cause the surnames and other names of all persons validly nominated, with their respective abodes and descriptions, and the names of the persons subscribing their nomination papers as proposers and seconders, to be printed and fixed on the town hall, and, in the case of a ward election, in some conspicuous place in the ward.

This duty, in elections of county councillors, will devolve upon the returning officer. See the Local Government Act, s. 75, sub-s. (5). ante, p. 142. As to the substitution of a place for the town hall, see the same Act, s. 75, sub-s. (7), ante, p. 143.

The day of publishing the names under this rule is to be deemed the day of nomination (see the Local Government Act, s. 100, ante, p. 177); and the period between this day and the day of election is to be such period, not exceeding six days, as the returning officer may fix (ib., s. 75, sub-s. (9), ante, p. 143).

16. The nomination of a person absent from the United Kingdom shall be void, unless his written consent given within one month before the day of his nomination in the presence of two witnesses is produced at the time of his nomination.

As to the nomination of a person without his consent, see the Local Government Act, s. 75, sub-s. (16) (c), ante, p. 145.

For a case where an election was avoided on petition for want of the written consent hereby required, see Brown v. Benn, 53 J. P. 167; 5 T. L. R. 247.

17. Where the number of valid nominations exceeds that of the vacancies, any candidate may withdraw from his candidature by notice signed by him, and delivered at the town clerk's office not later than two o'clock in the afternoon of the day next after the last day for delivery of nomination papers Provided that such notices shall take effect in the order in which they are delivered, and that no such notice shall have effect so as to reduce the number of candidates ultimately standing nominated below the number of vacancies.

18. In and for the purposes of the provisions of this Act relating to proceedings preliminary to election, the burgess roll or ward roll which will be in force on the day of election shall be deemed to be the burgess roll or ward roll, and a person whose name is inserted in one of the lists from which the burgess roll or ward roll will be made up, shall be deemed to be enrolled in that roll, although that roll is not yet completed.

The provisions of this Act relating to proceedings preliminary to elections are contained in Part III., ante, pp. 279 et seq.

Burgess roll and ward roll must be read as including roll of county electors and division register for the purposes of county elections.

PART III.

Modifications of the Ballot Act in its Application to Municipal Elections.

1. The provisions of the Ballot Act, 1872, with respect to the voting of a returning officer, the use of a room for taking a poll, and the right to vote of persons whose names are on the register of voters, and Rules 16 and 19 in the schedule to that Act, shall not apply in the case of a municipal election.

The provisions of the Ballot Act, 1872, as to the use of a room for taking the poll are contained in s. 6, ante, p. 210. By the Local Government Act, s. 75, sub-s. (16) (g), ante, p. 146, the above provision is not to prevent the use of schools and public rooms for taking the poll and hearing objections to nomination papers at elections of county councillors.

The power of the returning officer to vote, in case of an equality of votes, is given by s. 58, sub-s. (5), ante, p. 287.

The title to vote is regulated by s. 51, ante, p. 284.

2. The mayor shall, at least four days before the day of election, give Schedule 3. public notice of the situation, division, and allotment of polling places for taking the poll at the election, and of the description of the persons entitled

to vote thereat, and at the several polling stations.

This duty will devolve on the returning officer at elections of county councillors. See the Local Government Act, s. 75, sub-s. (4), ante, p. 142.

3. The mayor shall provide everything which, in the case of a parliamentary election, is required to be provided by the returning officer for the purpose of a poll, and shall appoint officers for taking the poll and counting the votes.

This duty will devolve on the returning officer at elections of county councillors. See the Local Government Act, s. 75, sub-s. (4), ante, p. 142.

As to what is required to be provided, see s. 8 of the Ballot Act, ante, p. 211.

4. The mayor shall furnish every polling station with such number of compartments in which the voters can mark their votes screened from observation, and furnish each presiding officer with such number of ballot papers as, in the judgment of the mayor, may be necessary for effectually taking the poll at the election.

See the note to the preceding rule.

5. All expenses of the election shall be defrayed in manner by this Act provided.

As to the expenses of the elections of county councillors, see the Local Government Act, s. 75, sub-ss. (17) to (19), ante, p. 146.

6. No return shall be made to the Clerk of the Crown in Chancery.

I, A. B., having been elected mayor, [or alderman, councillor, elective auditor, or revising assessor] for the borough of hereby declare that I take the said office upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability [and in the case of the person being qualified by estate say, And I hereby declare that I am seised or possessed of real or personal estate, or both [as the case may be], to the value or amount of one thousand pounds, or five hundred pounds [as the case may require], over and above what will satisfy my just debts].

FORM B.

DECLARATION BY RECORDER OR BOROUGH JUSTICE.

I, A. B., hereby declare that I will faithfully and impartially execute the office of recorder [or justice of the peace] for the borough of

to the best of my judgment and ability.

according

Form A. is the form of declaration which must be made by county councillors under ss. 35, 41, ante.

Form B. does not appear to have any application to counties.

Short title.

Definition and

of corrupt practice at municipal election.

MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL
PRACTICES) ACT, 1884.

(47 & 48 VICT. Cap. 70.)

An Act for the better Prevention of Corrupt and Illegal Practices at Municipal and other Elections. [14th August, 1884.]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows (that is to say,):

1. This Act may be cited as the Municipal Elections (Corrupt and Illegal Practices) Act, 1884.

This Act is incorporated with the Local Government Act, 1888. See s. 75 of that Act, ante, p. 141. It is, in so far as relates to election petitions, supplemental to Part IV. of the Municipal Corporations Act, 1882, which has been already set out.

Corrupt Practices.

2.-(1.) The expression "corrupt practice" in this Act means any of the following offences, namely, treating, undue influence, bribery, and personation as defined by the enactments set forth in Part One of the Third Schedule to this Act, and aiding, abetting, counselling, and procuring the commission of the offence of personation (a).

(2.) A person who commits any corrupt practice in reference to a municipal election shall be guilty of the like offence, and shall on conviction be liable to the like punishment, and subject to the like incapacities, as if the corrupt practice had been committed in reference to a parliamentary election (b).

(a) See Sched. 3, Part I., post.

(b) By the Corrupt Practices Act, 1883 (46 & 47 Vict. c. 51), s. 6, corrupt practices other than personation or aiding, etc., in the commission of personation, are declared to be misdemeanors, and any person convicted of any of them is liable to be imprisoned, with or without hard labour, for a term not exceeding two years, or to be fined any sum not exceeding 2001. A person who commits the offence of personation or of aiding, etc., the commission of that offence is guilty of felony, and liable on conviction to be imprisoned, with or without hard labour, for a period not exceeding two years. In addition to these punishments, a person who is convicted on indictment of any corrupt practice shall not be capable for a period of seven years from the date of his conviction of being registered as an elector, or voting at any election in the United Kingdom, whether it be a parliamentary election or an election for any public office (see infra); or of holding any public or judicial office (see infra), and if he holds any such office the office shall be vacated. Any person

NOTE.

so convicted of a corrupt practice in reference to any election shall also be Section 2. incapable of being elected to and of sitting in the House of Commons during the seven years next after the date of his conviction, and if at that date he has been elected to the House of Commons, his election shall be vacated from the time of such conviction. By s. 64, the expression "public office" means any office under the Crown or under the charter of a city or municipal borough, or under the Acts relating to municipal corporations, or to the poor law or under the Elementary Education Act, 1870 (33 & 34 Vict. c. 75), or under the Public Health Act, 1875 (38 & 39 Vict. c. 55), or under any Acts amending the above-mentioned Acts, or under any other Acts for the time being in force (whether passed before or after the commencement of this Act) relating to local Government, whether the office is that of mayor, chairman, alderman, councillor, guardian, member of a board, commission, or other local authority in any county, city, borough, union, sanitary district, or other area, or is the office of clerk of the peace, town clerk, clerk, or other officer under a council, board, commission, or other authority, or is any other office to which a person is elected and appointed under any such charter or Act as above mentioned, and includes any other municipal or parochial office; and the expressions "election," " ," "election petition," "election court," and "register of electors," shall, where expressed to refer to an election for any such public office, be construed accordingly.

The expression "judicial office" includes the office of justice of the peace and revising barrister.

As to the form of indictment for corrupt practices, see R. v. Stroulger, 17 Q. B. D. 327; 55 L. J. M. C. 137; 55 L. T. (N.s.) 122; 34 W. R. 719; R. v. Norton, 16 Cox C. C. 59.

Each act of bribery is a distinct offence, for which separate penalties are incurred. Milnes v. Bale, L. R. 10 C. P. 591; 44 L. J. C. P. 336; 33 L. T. (N.S.) 174; 23 W. R. 660; 39 J. P. 743.

3.-(1.) Where upon the trial of an election petition respecting Incapacity of a municipal election for a borough or ward of a borough (a), it is candidate found by the report of an election court made in pursuance of guilty of section ninety-three of the Municipal Corporations Act, 1882 (1), corrupt practice. that any corrupt practice other than treating and undue influence 45 & 46 Vict. has been proved to have been committed in reference to such c. 50. election by or with the knowledge and consent of any candidate at such election, or that the offence of treating or undue influence has been proved to have been committed in reference to such election by any candidate at such election, that candidate shall not be capable of ever holding a corporate office in the said borough (c), and if he has been elected his election shall be void; and he shall further be subject to the same incapacities as if at the date of the said report he had been convicted of a corrupt practice (d).

(2.) Upon the trial of an election petition respecting a municipal election for a borough or ward of a borough in which a charge is made of any corrupt practice having been committed in reference to such election, the election court shall report in writing to the High Court whether any of the candidates at such election has

Sect. 3 (2). been guilty by his agents of any corrupt practice in reference to such election, and if the report is that any candidate at such election has been guilty by his agents of a corrupt practice in reference to such election, that candidate shall not be capable of being elected to or holding any corporate office in the said borough (e), during a period of three years from the date of the report, and if he has been elected, his election shall be void.

Certain expenditure

(a) This includes an election of a county councillor.

(b) See this section, ante, p. 303.

(c) This will apply so as to disqualify a candidate from being elected as county councillor for his county.

(d) For these incapacities see the note to the last section.

Illegal Practices.

4.-(1.) No payment or contract for payment shall, for the to be illegal purpose of promoting or procuring the election of a candidate (a) at a municipal election, be made

practice.

(a.) On account of the conveyance of electors to or from the poll, whether for the hiring of horses or carriages, or for railway fares, or otherwise; or

(b.) To an elector, on account of the use of any house, land,

building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibition of any address, bill, or notice; or

(c.) On account of any committee room in excess of the number allowed by this Act (that is to say), if the election is for a borough, one committee room for the borough, and if the election is for a ward, one committee room for the ward, and if the number of electors in such borough or ward exceeds two thousand, one additional committee room for every two thousand electors and incomplete part of two thousand electors over and above the said two thousand (b).

(2.) Subject to such exception as may be allowed in pursuance of this Act (c), if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after a municipal election, the person making such payment or contract shall be guilty of an illegal practice, and any person (d) receiving such payment or being a party to any such contract, knowing the same to be in contravention of this Act, shall also be guilty of an illegal practice.

(3.) Provided that where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section.