the voter signing the same shall have already voted in person at the same election: Provided also, that every such elector shall be entitled to vote in person, notwithstanding that he has duly signed and transmitted a voting paper to another elector, if such voting paper has not been already tendered at the poll. 3. It shall be lawful for any person now by law or custom authorised on behalf of any candidate to object to votes to inspect any voting paper tendered at the poll before the same shall be received or recorded, and to object to it on one or more of the following grounds: 1. That the person on whose behalf the voting paper is tendered is not qualified to vote : 2. That the person tendering the voting paper is not duly qualified i that behalf: 3. 4. That the person in whose behalf the voting paper is tendered has already voted at that election in person or by voting paper: That the voting paper bears date anterior to notice given by the returning officer of the day for proceeding to election: 5. That the voting paper is forged or falsified: And the returning officer, his deputy or assessor, or any officer having by law or custom power to decide objections in respect of votes tendered by voters attending the poll in person, shall have power to put questions to the person tendering such voting paper, and to reject, receive, and record, or receive and record as objected to or protested against, any votes tendered by voting papers: Provided, that in case the objection offered to any voting paper shall be that it is forged or falsified, such returning or other officer shall receive and record such voting paper, having previously written upon it, "Objected to as forged," or "Objected to as falsified," together with the name of the person making such objection. 4. All voting papers received and recorded at such election, as well as any voting papers rejected for informality or on any other ground, shall be filed and kept by the officer entrusted with the care of the poll books or other documents relating to the said election; and any person shall be allowed to examine such voting papers at all reasonable times, and to take copies thereof, upon payment of a fee of one shilling. 6. No such voting paper as herein before mentioned shall be liable to any stamp duty. SCHEDULE.-UNIVERSITY ELECTION, 18 I A.B. [the Christian and Surnames of the Elector in full, his College or Hall, if any, and his Degree or Academical Rank or Office, if any, to be here inserted], do hereby declare, that I have signed no other voting paper at this election, and do hereby give my vote at this election for And I nominate C.D. or one of them, to deliver this voting paper at the poll. Witness my Hand this E.F. Day of G.H. 18 (Signed) A.B. of [the Elector's Place of Residence to be here inserted.] Signed in my presence by the said A.B. who is personally known to me, on the above-mentioned [or names] of Day of 18 the name as the Candidate [or Candidates] voted for having been previously filled in. (Signed) Z.M. of [the Witness's Place of Residence to be here inserted.] a Justice of the Peace for XIX. In the lists and register of voters for a county the names of the persons in any parish or township ou whom a right to vote for a county in respect of the occupation of premises in such parish or township is conferred by the Representation of the People Act, 1867, shall appear in a separate list after the list of voters in such parish or township otherwise qualified, and such separate list shall be deemed to be part of the lists of county voters of such parish or township, and shall be annually made anew by the overseers of such parish or township, subject to this proviso, that the revising barrister shall erase from the separate list of such occupiers as aforesaid all persons who appear to him from the accompanying lists to be entitled to vote in the same polling district in respect of some other qualification to which no objection is made, except in cases where any person whose name is about to be erased object to the erasure, in which case such person shall be deemed to have given due notice of his claim to have his name inserted in the list of occupiers, and shall be dealt with accordingly. XX. Notwithstanding anything contained in the thirtieth section of the Representation of the People Act, 1867, and the thirty-eighth section of the principal Act therein referred to, the names of the persons in any parish or township on whom a right to vote for a member or members to serve for any borough in respect of the occupation of lodgings is conferred by the Representation of the People Act, 1867 shall, in lists and registers of voters for such boroughs, appear in a separate list. XXI. Section fifty-seven of the Representation of the People Act, 1867, with respect to the county palatine of Lancaster, and the issue, direction, and transmission of writs for the election of members to serve in parlia ment for any division of the said county or for any borough situate therein, shall be construed to extend to and include the county palatine of Durham. XXII. Where any parish in a county, city or borough forms part of more than one polling district the part of such parish situate in each polling district shall be deemed to be a separate parish for the purposes of the revision of voters and the lists and register of voters, and may be designated by some distinguishing addition in the list of voters for such part of a parish. XXIII. Whereas it is expedient to provide a summary remedy for the recovery by town clerks and returning officers of sums of money due to them in respect of expenses incurred in pursuance of the Registration Acts, be it enacted, that if the overseers of any parish or township refuse or neglect to pay to the town clerk or returning officer of any borough, out of the first monies to be collected for the relief of the poor, any contribution or sum required to be paid to him by the fifty-fifth section of the principal Act, or any Act amending the same or any part of such contribution or sum, it shall be lawful for any Justice of the peace for the county or place within which such parish or township is wholly or in part situate, upon information and complaint in writing, and after seven days notice in writing to be served upon such overseers or one of them, by warrant under his hand to levy such contribution or sum by distress and sale of the goods of the offender or offenders, together with all costs occasioned by the making of such complaint, service of such summons and the obtaining and executing such warrant. XXIV. The third section of the said Act of the session of the fifth and sixth years of King William the Fourth, chapter 36, shall be repealed, and instead thereof be it enacted, "that the polling booths at each polling place shall be so divided and arranged in compartments by the "Sheriff or other returning officer that not more than five hundred "electors shall be alloted to poll in each compartment. 66 XXV. Where a borough is situated partly in one circuit and partly in another, the Judge of the circuit in which the greater part in extent of such borough is situate shall appoint the revising barrister for such borough. XXVI. If, in pursuance of any Act passed during the last or present session of parliament any alteration is made affecting the divisions of any county the clerk of the peace of such county or the revising barrister shall amend any copies of registers, lists, claims, or objections submitted to him in such manner as to make the same conformable to the alterations so made by Act of parliament. If the Justices of the peace in any county have by any order of session made before such Act was passed divided such county into polling districts, and assigned to each district a polling place, and named the polling places at which the revising barristers are to hold their courts, such order shall be as valid to all intents and purposes as if it had been made after the passing of such Act. XXVII. From and after the passing of this Act a returning officer shall be annually appointed for the borough of Thirsk in the manner provided by the eleventh section of the Act of the second year of the reign of his late Majesty King William the Fourth, chapter forty-five, in the case of the boroughs mentioned in schedules C. and D. annexed to the said Act, for which no persons are mentioned in such schedules as returning officers and the person so appointed shall perform all the duties and be entitled to the remuneration which a returning officer is, by the registration Acts, required to perform and is entitled to in boroughs where there is no town clerk. XXVIII. The overseers of every parish or township shall produce to the barrister appointed to revise the lists of voters of any county, whilst holding his court for revising the lists relating to their parish or township, all rates made for the relief of the poor of their parish or township between the fifth day of January in the year then last past and the last day of July in the then present year; and any overseer wilfully refusing or neglecting to produce any such rates shall be deemed wilfully guilty of a breach of duty in the execution of the principal Act, and be punishable accordingly. XXIX. The barrister appointed to revise the lists of voters of any county, whilst holding his court for revising the lists relating to a parish or township, may require any overseer or overseers of a past year, or other person having the custody of any poor rate of the then current or any past year, or any relieving officer, to attend before him any such court and they shall attend accordingly and answer all such questions as T THE UNIVERSITIES ELECTIONS ACT, 1868. 31 & 32 VICT. c. 65. An Act to amend the Law relating to the use of Voting Papers in Elections for the Universities. 31st July, 1868 WHEREAS by an Act passed in the session holden in the twenty-fourth and twenty-fifth years of the Reign of Her present Majesty, chapter fiftythree intituled An Act to provide that Votes at Elections for the Universities may be recorded by means of voting papers, it is provided that at the Elections for burgesses to serve in Parliament for the Universities of Oxford, Cambridge, and Dublin Votes may be given by means of voting papers; but it is by the said Act provided that no Voting Paper shall be received or recorded unless the person tendering the same shall make the following Declaration, which he shall sign at the Foot or Back thereof: "I solemnly declare that I am personally acquainted with A.B. [the Voter], and I verily believe that this is the paper by which he intends to vote, pursuant to the provisions of the Universities Election Act." And whereas by virtue of the Representation of the People Act, 1867 the said first-mentioned Act applies to every election of a member for the University of London. And whereas it is expedient to amend the said first-mentioned Act so far as respects the said recited declaration: 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: I. From and after the passing of this Act the said recited form of declaration shall not be required, and there shall be substituted in place thereof the form of declaration following; that is to say, "I solemnly declare that I verily believe that this is the paper by which A.B. [the voter] intends to vote pursuant to the provisions of the 'Universities Election Acts 1861 and 1868.' " II. the second section of the said first-mentioned Act shall, in reference to the university of London, be construed as if the words 'in the manner heretofore used' were omitted therefrom. III. A voting paper for the election of any burgess or member to serve in parliament for any universities or university in respect of which the provisions of the said first mentioned Act may for the time being be in force, may be signed by a voter being in one of the Channel Islands in the presence of the following officers; that is to say, 1. In Jersey and Guernsey, of the Bailiffs or any Lieutenant Bailiff, Jurat, or Juge d'Instruction. 2. In Alderney, of the Judge of Alderney, or any Jurat. 3. In Sark, of the seneschal or deputy seneschal. And for the purpose of certifying and attesting the signature of such voting paper, each of the said officers shall have all the powers of a justice of the peace under the first-mentioned Act, and a statement of the official quality of such officer shall be a sufficient statement of quality in pursuance of the provisions of the said Act. IV. This Act may be cited for all purposes as "The Universities elections Act, 1868," and the said first-mentioned Act and this Act may be cited together as "The University Election Act, 1861 and 1868." DECISIONS OF THE COURT OF COMMON PLEAS ON REGISTRATION APPEALS. I. ON THE QUALIFICATIONS OF COUNTY ELECTORS. II. ON THE QUALIFICATIONS OF CITY AND BOROUGH ELECTORS. III. ON THE REGISTRATION OF ELECTORS. Reference to Reports of Cases:— B. & A.-Reports of Cases, upon Appeal from the decisions of K. & G.-Registration Cases, in continuation of Mr. Lutwyche's H. & P.-Registration Cases continued by C. H. HOPWOOD and I. ON THE QUALIFICATION OF COUNTY ELECTORS. Partnership Shares in Freehold. Several persons joined in a partnership, to carry on trade in a fulling mill. Money was subscribed by all the partners, with part of which freehold land was bought, which was conveyed to trustees; with the other part, a mill was built on this land, and machinery for the mill was purchased. By a partnership deed, executed by the trustees and all the partners, the trusts of the land, mill, &c. were declared to be (among others), that the trustees should stand seised and possessed of all the estates, property, goods, &c. upon trust, for the benefit of themselves and their partners, as part of their partnership joint stock in trade. There was a provision in the deed, that the trustees might borrow money, upon mortgage of the stock, property, estate, &c. belonging to the copartnership; and it was declared that the land, mill, &c. should be deemed and considered as, or in the nature of, personal estate, and not real estate, and be held in trust for the partners, as part of their partnership stock in trade. The trustees had, under the power of the deed, borrowed money, for the purposes of the partnership, for which they had given bonds and notes, in their own names, not having mortgaged any part of the partnership property. Held, That each partner had an interest in realty, and having an amount of shares sufficient for the purpose, was entitled to vote for the county. Held also, That the money, borrowed by the trustees, had not the effect of mortgages on the shares of the partBaxter, Appellant, Newman, Respondent; B. & A. p. 493 -LUT. Vol. I. p. 287. ners. |