PART I

PARLIAMENTARY ELECTIONS

PROCEDURE AT ELECTIONS

I. A candidate for election to serve in parliament for a county or borough shall be nominated in writing. The writing shall be subscribed by two registered electors of such county or borough as proposer and seconder, and by eight other registered electors of the same county or borough as assenting to the nomination, and shall be delivered during the time appointed for the election to the returning officer by the candidate himself, or his proposer or seconder.

If at the expiration of one hour after the time appointed for the election no more candidates stand nominated than there are vacancies to be filled up, the returning officer shall forthwith declare the candidates who may stand nominated to be elected, and return their names to the clerk of the crown in chancery; but if at the expiration of such hour more candidates stand nominated than there are vacancies to be filled up, the returning officer shall adjourn the election and shall take a poll in manner in this act mentioned.

A candidate may, during the time appointed for the election, but not afterwards, withdraw from his candidature by giving a notice to that effect, signed by him, to the returning officer: provided that the proposer of a candidate nominated in his absence out of the United Kingdom may withdraw such candidate by a written notice signed by him and delivered to the returning officer, together with a written declaration of such absence of the candidate.

If after the adjournment of an election by the returning officer for the purpose of taking a poll one of the candidates nominated shall die before the poll has commenced, the returning officer shall, upon being satisfied of the fact of such death, countermand notice of the poll, and all the proceedings with reference to the election shall be commenced afresh in all respects as if the writ had been received by the returning officer on the day on which proof was given to him of such death; provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of the countermand of the poll.

2. In the case of a poll at an election the votes shall be given by ballot. The ballot of each voter shall consist of a paper (in this act called a ballot paper) showing the names and descrip

tion of the candidates. Each ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face. At the time of voting, the ballot paper shall be marked on both sides with an official mark, and delivered to the voter within the polling station, and the number of such voter on the register of voters shall be marked on the counterfoil, and the voter having secretly marked his vote on the paper, and folded it up so as to conceal his vote, shall place it in a closed box in the presence of the officer presiding at the polling station (in this act called "the presiding officer") after having shown to him the official mark at the back.

Any ballot paper which has not on its back the official mark, or on which votes are given to more candidates than the voter is entitled to vote for, or on which anything, except the said number on the back, is written or marked by which the voter can be identified, shall be void and not counted.

After the close of the poll the ballot boxes shall be sealed up, so as to prevent the introduction of additional ballot papers, and shall be taken charge of by the returning officer, and that officer shall, in the presence of such agents, if any, of the candidates as may be in attendance, open the ballot boxes, and ascertain the result of the poll by counting the votes given to each candidate, and shall forthwith declare to be elected the candidates or candidate to whom the majority of votes have been given, and return their names to the clerk of the crown in chancery. The decision of the returning officer as to any question arising in respect of any ballot paper shall be final, subject to reversal on petition questioning the election or return.

Where an equality of votes is found to exist between any candidates at an election for a county or borough, and the addition of a vote would entitle any of such candidates to be declared elected, the returning officer, if a registered elector of such county or borough, may give such additional vote, but shall not in any other case be entitled to vote at an election for which he is returning officer.

PART II

MUNICIPAL ELECTIONS

20. The poll at every contested municipal election shall, so far as circumstances admit, be conducted in the manner in which the poll is by this act directed to be conducted at a contested

parliamentary election, and, subject to the modifications expressed in the schedules annexed hereto, such provision of this act and of the said schedules as relate to or are concerned with a poll at a parliamentary election shall apply to a poll at a contested municipal election:

271. Supreme Court of Judicature Act

(1873, August 5. 36 & 37 Victoria, c. 66.)

WHEREAS it is expedient to constitute a supreme court, and

to make provision for the better administration of justice

in England:

And whereas it is also expedient to alter and amend the law relating to the judicial committee of Her Majesty's privy council:

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:

PRELIMINARY

1. This act may be cited for all purposes as the "Supreme Court of Judicature Act, 1873."

2. This act, except any provision thereof which is declared to take effect on the passing of this act, shall commence and come into operation on the second day of November, 1874.

PART I

CONSTITUTION AND JUDGES OF SUPREME COURT

3. From and after the time appointed for the commencement of this act, the several courts herein after mentioned, (that is to say,) the high court of chancery of England, the court of queen's bench, the court of common pleas at Westminster, the court of exchequer, the high court of admiralty, the court of probate, the court for divorce and matrimonial causes, and the London court of bankruptcy, shall be united and consolidated

together, and shall constitute, under and subject to the provisions of this act, one supreme court of judicature in England.

4. The said supreme court shall consist of two permanent divisions, one of which, under the name of "Her Majesty's High Court of Justice," shall have and exercise original jurisdiction, with such appellate jurisdiction from inferior courts as is hereinafter mentioned, and the other of which, under the name of "Her Majesty's Court of Appeal," shall have and exercise appellate jurisdiction, with such original jurisdiction as herein-after mentioned as may be incident to the determination of any appeal.

5. Her Majesty's high court of justice shall be constituted as follows:-The first judges thereof shall be the lord chancellor, the lord chief justice of England, the master of the rolls, the lord chief justice of the common pleas, the lord chief baron of the exchequer, the several vice-chancellors of the high court of chancery, the judge of the court of probate and of the court for divorce and matrimonial causes, the several puisne justices of the courts of queen's bench and common pleas respectively, the several junior barons of the court of exchequer, and the judge of the high court of admiralty, except such, if any, of the aforesaid judges as shall be appointed ordinary judges of the court of appeal.

Subject to the provisions herein-after contained, whenever the office of a judge of the said high court shall become vacant, a new judge may be appointed thereto by Her Majesty, by letters patent. All persons to be hereafter appointed to fill the places of the lord chief justice of England, the master of the rolls, the lord chief justice of the common pleas, and the lord chief baron, and their successors respectively, shall continue to be appointed to the same respective offices, with the same precedence, and by the same respective titles, and in the same manner, respectively, as heretofore. Every judge who shall be appointed to fill the place of any other judge of the said high court of justice shall be styled in his appointment "Judge of Her Majesty's High Court of Justice," and shall be appointed in the same manner in which the puisne justices and junior barons of the superior courts of common law have been heretofore appointed: provided always, that if at the commencement of this act the number of puisne justices and junior barons who shall become judges of the said high court shall exceed twelve in the whole, no new judge of the said high court shall be appointed in the place of any such puisne justice or junior baron who shall die or resign while such whole number shall exceed twelve, it being intended that the perma

nent number of judges of the said high court shall not exceed twenty-one.

All the judges of the said court shall have in all respects, save as in this act is otherwise expressly provided, equal power, authority, and jurisdiction; and shall be addressed in the manner which is now customary in addressing the judges of the superior courts of common law.

The lord chief justice of England for the time being shall be president of the said high court of justice in the absence of the lord chancellor.

6. Her Majesty's court of appeal shall be constituted as follows: There shall be five ex-officio judges thereof, and also so many ordinary judges (not exceeding nine at any one time) as Her Majesty shall from time to time appoint. The ex-officio judges shall be the lord chancellor, the lord chief justice of England, the master of the rolls, the lord chief justice of the common pleas, and the lord chief baron of the exchequer. The first ordinary judges of the said court shall be the existing lords justices of appeal in chancery, the existing salaried judges of the judicial committee of Her Majesty's privy council, appointed under the "Judicial Committee Act, 1871," and such three other persons as Her Majesty may be pleased to appoint by letters patent; such appointment may be made either within one month before or at any time after the day appointed for the commencement of this act, but if made before shall take effect at the commencment of this act.

Besides the said ex-officio judges and ordinary judges, it shall be lawful for Her Majesty (if she shall think fit), from time to time to appoint under her royal sign manual, as additional judges of the court of appeal, any persons who, having held in England the office of a judge of the superior courts of Westminster hereby united and consolidated, or of Her Majesty's supreme court hereby constituted, or in Scotland the office of lord justice general or lord justice clerk, or in Ireland the office of lord chancellor or lord justice of appeal, or in India the office of chief justice of the high court of judicature at Fort William in Bengal, or Madras, or Bombay, shall respectively signify in writing their willingness to serve as such additional judges in the court of appeal. No such additional judge shall be deemed to have undertaken the duty of sitting in the court of appeal when prevented from so doing by attendance in the house of lords, or on the discharge of any other public duty, or by any other reasonable impediment.