Electoral (Dublin Commercial) Act, 1930

Electoral (Dublin Commercial) Act, 1930 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1930 Electoral (Dublin Commercial) Act, 1930 Electoral (Dublin Commercial) Act, 1930 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 28 of 1930. ELECTORAL (DUBLIN COMMERCIAL) ACT, 1930. ARRANGEMENT OF SECTIONS Section 1. Definitions and interpretation. 2. The register of commercial electors. 3. Registration area and registration officer. 4. Preparation of register. 5. Completion of register. 6. Appeals from registration officer. 7. Conduct of elections. 8. Returning officer. 9. Death of candidate. 10. Preservation of secrecy. 11. Non-compliance with rules or forms. 12. Election petitions and corrupt and illegal practices. 13. Employment of assistants. 14. Expenses incurred by the Dublin City Manager and Town Clerk. 15. Powers of deputy city manager. 16. Offences in relation to registration. 17. Offences in relation to elections. 18. Regulations. 19. Short title. FIRST SCHEDULE. Registration of Electors. SECOND SCHEDULE. Conduct of Elections. THIRD SCHEDULE. Counting of Votes. Acts Referred to Local Government (Dublin) Act, 1930 No. 27 of 1930 Number 28 of 1930. ELECTORAL (DUBLIN COMMERCIAL) ACT, 1930. AN ACT TO PROVIDE FOR AND REGULATE THE PREPARATION AND MAINTENANCE OF THE REGISTERS OF COMMERCIAL ELECTORS IN THE CITY OF DUBLIN IN PURSUANCE OF THE LOCAL GOVERNMENT (DUBLIN) ACT, 1930 , AND TO PROVIDE FOR AND REGULATE THE CONDUCT OF ELECTIONS OF THE COMMERCIAL MEMBERS OF THE DUBLIN CITY COUNCIL IN PURSUANCE OF THE SAID ACT. [17th July, 1930.] BE IN ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definitions and interpretation. 1.—(1) In this Act— the expression “the City” means the county borough of Dublin; the expression “the City Corporation” means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin; the expression “the City Council” means the council established under that name by the Local Government (Dublin) Act, 1930 , (No. 27 of 1930); the expression “commercial members of the City Council” means those members of the City Council who are required by law to be elected by the persons for the time being registered in the register of commercial electors; the expression “ordinary members of the City Council” means those members of the City Council who are not commercial members of the City Council; the expression “City election” means a triennial election of members of the City Council; the expression “election under this Act” means an election of commercial members of the City Council; the expression “trade name” means a name (other than his own name) under which a person carries on any business, profession, trade, manufacture, or other commercial or industrial pursuit; the word “prescribed” means prescribed by regulations made under this Act. (2) For all the purposes of the first election held under this Act and of the preparation of the register of electors for that election the urban district of Pembroke, the urban district of Rathmines and Rathgar, and the area referred to in the Local Government (Dublin) Act, 1930 (No. 27 of 1930), as the added rural area shall be deemed to be included in and to form part of the City and to be included in and form part of the county borough of Dublin, and references in this Act to the City and the said county borough shall be construed and have effect accordingly. (3) Until the day which is the appointed day for the purposes of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), the Town Clerk of the City shall have, exercise and perform all the powers, functions and duties of the Dublin City Manager and Town Clerk under this Act, and references in this Act to the Dublin City Manager and Town Clerk shall be construed and have effect accordingly. (4) Whenever a day on which anything is required by this Act to be done falls on a Sunday or a bank holiday such thing shall be done on the next following day which is neither a Sunday nor a bank holiday. The register of commercial electors. 2.—(1) The register of commercial electors required by section 34 of the Local Government (Dublin) Act, 1930 (No, 27 of 1930), to be prepared and maintained shall be prepared and maintained under and in accordance with this Act. (2) Subject and without prejudice to the provisions of the said section 34 , the following provisions shall have effect in relation to the persons, who are entitled under that section to be registered in the register of commercial electors, that is to say:— (a) where an individual is the rated occupier of premises and that individual carries on business in those premises under a partnership or trade name either alone or in partnership with another person or other persons, no person other than the said individual alone shall be entitled under the said section 34 to be registered in the said register in respect of those premises; (b) where the rated occupier of premises is entered in the rate-books under a trade name, such rated occupier, if entitled to be registered in the said register in respect of those premises, shall be so registered in such trade name; (c) where the rated occupier of premises is a partnership and is entered in the rate-books in the partnership name, such rated occupier, if entitled to be registered in the said register in respect of those premises, shall be so registered in the said partnership name; (d) an individual who is the rated occupier of premises shall not be deemed to carry on business in those premises merely by reason of his being employed in those premises by a person who carries on business therein or his being a director or manager of a company which carries on business therein; (e) where the rated occupier of premises is entered in the rate-books under a partnership name or trade name, such rated occupier shall not be deemed to occupy such premises for the purpose of carrying on business therein unless business is carried on therein under that partnership name or trade name. In this subsection the word “premises” means a hereditament or tenement separately valued under the Valuation Acts, and references to carrying on business shall be construed as including the carrying on of any business, profession, trade, manufacture, or other commercial or industrial pursuit. Registration area and registration officer. 3.—For the purposes of this Act the City shall form and be a single registration area and the Dublin City Manager and Town Clerk shall be the registration officer for such registration area. Preparation of register. 4.—(1) Whenever a city election is required by law to be held, it shall be the duty of the registration officer to prepare in accordance with this Act a register of commercial electors for the purposes of such election. (2) Every register of commercial electors shall be prepared in accordance with the rules contained in the First Schedule to this Act. (3) The register of commercial electors prepared under this Act for the purposes of the first city election shall contain the names of all individuals, partnerships, unincorporated associations, and corporate bodies who are, on the day after the passing of this Act entitled by law to be registered in the register of commercial electors. (4) The register of commercial electors prepared under this Act for the purposes of any city election after the first city election shall contain the names of all individuals, partnerships, unincorporated associations, and corporate bodies who, on the 15th day of November next preceding such election, are entitled by law to be registered in the register of commercial electors. Completion of register. 5.—(1) The register of commercial electors prepared for the purposes of the first city election shall be completed on or before such day as shall be prescribed in that behalf. (2) Every register of commercial electors prepared for the purposes of any city election after the first city election shall be completed on or before the 1st day of June next preceding such election. Appeals from registration officer. 6.—(1) An appeal shall lie to the Judge of the Circuit Court having jurisdiction in the City from any ruling made by the registration officer under this Act on any claim or objection, and the decision of such Judge on any such appeal shall be final and conclusive and shall not be appealable to any other Court. (2) Every appeal under this section shall be brought by way of case stated by the registration officer and it shall be the duty of the registration officer to state such case in the circumstances and manner specified in the First Schedule to this Act. (3) The procedure and practice in the Circuit Court in relation to appeals under this section shall be regulated by rules of Court. (4) Notice of the decision of a Judge of the Circuit Court on an appeal under this section shall be sent by the county registrar for the City to the registration officer, and the registration officer shall make such alterations in the register of commercial electors as may be required to give effect to such decision. (5) The right of voting of any person whose name is for the time being on a register of commercial electors shall not be prejudiced by any appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending and shall not be affected by the subsequent decision of such appeal. Conduct of elections. 7.—(1) Every election of commercial members of the City Council shall be held and conducted in accordance with the rules contained in the Second and Third Schedules to this Act. (2) Every individual, partnership, unincorporated association, and corporate body registered in the register prepared under this Act for any such election, and no other person, shall be entitled to vote at such election. Returning officer. 8.—(1) The Dublin City Manager and Town Clerk shall be the returning officer at every election of commercial members of the City Council. (2) The Dublin City Manager and Town Clerk may by writing under his hand appoint a fit person to be deputy returning officer for any particular election of commercial members of the City Council and may so appoint such person to be such deputy returning officer for all the purposes of such election or for any one or more of such purposes. (3) A deputy returning officer appointed under this section shall, in relation to the purposes for which he is so appointed, have all the powers, duties, and liabilities of the returning officer under this Act. Death of candidate. 9.—(1) In the counting of the votes cast at an election under this Act all the preferences recorded for a candidate of whose death the returning officer has received notice after the latest hour and day for the withdrawal of candidates and before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences. (2) Every candidate returned as elected at an election under this Act who dies before the commencement of his term of office, whether he so dies before, during, or after the election, shall (without prejudice to the power of a court or other tribunal of competent jurisdiction to declare his election void) be deemed to have been duly so elected and to vacate his seat immediately after the commencement of his term of office. Preservation of secrecy. 10.—(1) The returning officer and every officer and clerk concerned in the issue, receipt, or counting of ballot papers at an election under this Act and every candidate at such issue, receipt, or counting shall maintain and aid in maintaining the secrecy of the voting at such election and shall not, before the completion of the election, communicate, except for some purpose authorised by law, any information as to whether any elector has or has not voted at such election or as to the official mark, and shall not at any time communicate to any person any information obtained at or in connection with such issue, receipt, or counting as to the candidate for whom any elector has voted or as to whether any elector has or has not voted or as to the number on the back of any ballot paper sent to any elector. (2) No person shall interfere with or attempt to interfere with the receipt, marking, or return of any of his ballot papers by any elector at an election under this Act. (3) No person shall directly or indirectly induce any elector at an election under this Act to display any of his ballot papers after he shall have marked the same so as to make known to such person or to any other person the name of the candidate for whom he has marked his vote on any such ballot paper. (4) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding six months. Non-compliance with rules or forms. 11.—No election of a candidate at an election under this Act shall be declared void by reason only of a non-compliance with the rules contained in any Schedule to this Act, or any mistake in the use of the forms prescribed under this Act, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of this Act, and that such non-compliance or mistake did not affect the result of the election. Election petitions and corrupt and illegal practices. 12.—(1) Part IV of the Municipal Corporations Act, 1882, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, as respectively amended or adapted by subsequent Acts, shall apply to elections under this Act and for the purposes of such application the following provisions shall have effect, that is to say:— (a) an election of commercial members of the City Council shall be deemed to be a municipal election within the meaning of the said Acts; (b) reference in the said Acts to the High Court shall be construed and have effect as references to the High Court of Justice in Saorstát Eireann; (c) reference in the said Acts to the Director of Public Prosecutions shall be construed and have effect as references to the Attorney-General of Saorstát Eireann; (d) elections of commercial members of the City Council shall be deemed to be one of the elections mentioned in the First Schedule to the said Municipal Elections (Corrupt and Illegal Practices) Act, 1884. (2) No person who has voted at an election under this Act shall, in any proceeding to question the election or return, be required to state for whom he voted at such election. Employment of assistants. 13.—The Dublin City Manager and Town Clerk may, for the purpose of the execution of his powers and duties under this Act, employ such and so many assistants, clerks, messengers, and other persons as he shall think proper, and the remuneration of such persons shall, to such extent as is allowed under this Act, be part of his expenses incurred in the execution of this Act. Expenses incurred by the Dublin City Manager and Town Clerk. 14.—(1) All expenses certified under this section to have been properly incurred by the Dublin City Manager and Town Clerk (in this section referred to as the City Manager) in the execution of this Act shall be paid to the City Manager by the City Corporation out of the municipal fund. (2) The Minister for Local Government and Public Health may frame and from time to time vary— (a) a scale expenses chargeable by the City Manager in respect of the execution of his powers and duties as registration officer under this Act; and (b) a scale of expenses chargeable by the City Manager in respect of the execution of his powers and duties as returning officer under this Act. (3) The Minister for Local Government and Public Health may by order make regulations providing for— (a) the preparation and vouching by the City Manager of his accounts of expenses incurred by him in the execution of this Act; (b) the examination of such accounts and the allowance and disallowance of the items therein; (c) the certification of the amount payable to the City Manager on any such account and the payment of such amount by the City Corporation to the City Manager; (d) the making of advances by the City Corporation to the City Manager to meet expenses incurred or to be incurred by him in the execution of this Act. Powers of deputy city manager. 15.—Whenever any person is lawfully appointed to be a deputy for the Dublin City Manager and Town Clerk and such person by virtue of such appointment has all the powers and is required to exercise and perform all the functions and duties of the Dublin City Manager and Town Clerk such person shall so long as he continues to be such deputy have all the powers and exercise and perform all the functions and duties of the Dublin City Manager and Town Clerk under this Act. Offences in relation to registration. 16.—(1) Every person who makes a false declaration for the purpose of a claim for registration under the rules contained in the First Schedule to this Act, whether such claim is made by such person on his own behalf or on behalf of some other person and whether such falsity consists of an untrue statement or of the omission of a material fact shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. (2) Every person who wilfully destroys, mutilates, effaces, or removes any notice, list, copy of register, or other document made available for inspection, posted up, or otherwise published by the registration officer in pursuance of the rules contained in the First Schedule to this Act shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. Offences in relation to elections. 17.—Every person who— (a) without lawful authority takes a ballot box provided for or in use at an election under this Act out of the custody of the returning officer at such election or of any person to whose care or custody such returning officer shall lawfully have entrusted such ballot box, or (b) maliciously destroys, mutilates, or injures any ballot box provided for or in use at an election under this Act, or (c) maliciously destroys, tears, or defaces any ballot paper provided for or issued or used at an election under this Act, or (d) counterfeits the official mark provided for or in use or used at an election under this Act, or (e) removes, destroys, or damages any instrument provided or in use or used for stamping the official mark on ballot papers at an election under this Act or makes or has in his possession any imitation or counterfeit of any such instrument, or (f) forges or fraudulently defaces or fraudulently destroys any nomination paper for or relating to an election under this Act or delivers to the returning officer at any such election a nomination paper knowing the same to be forged, or (g) forges or counterfeits any ballot paper at or in relation to an election under this Act or forges or counterfeits the official mark on any such ballot paper, or (h) without due authority supplies to any person a ballot paper for or in relation to an election under this Act, or (i) without due authority opens, or otherwise interferes with any ballot box provided for or in use at an election under this Act, shall be guilty of a misdemeanour and shall be liable on summary conviction thereof to imprisonment for any period not exceeding one year or on conviction on indictment to imprisonment for any period not exceeding two years or penal servitude for any period not less than three years nor more than five years. Regulations. 18.—The Minister for Local Government and Public Health may by regulations made by him under this section prescribe any matter or thing which is referred to in this Act as prescribed or to be prescribed. Short title. 19.—This Act may be cited as the Electoral (Dublin Commercial) Act, 1930. FIRST SCHEDULE. Registration of Electors. Definitions. 1. In this schedule— the expression “City election” means an election of members of the City Council; the expression “the first City election” means the first City election held after the passing of this Act; the word “register” means a register of commercial electors prepared under this Act; the expression “the first register” means the first register prepared after the passing of this Act; references to the office of the registration officer shall be construed as references to that portion of the offices of the Dublin City Manager and Town Clerk which is for the time being allocated by him to the transaction of the business of the registration officer under this Act; the expression “business hours” in relation to the office of the registration officer means any time during which that office is open for the transaction of business. Order of names in register. 2. (1) Every register shall be framed in one part and the names contained in any such register shall be arranged therein in alphabetical order subject to the following modifications, that is to say:— (a) individuals having the same surname shall be arranged amongst themselves in the alphabetical order of their first names and, where necessary, of their second and other names; and (b) partnerships whose names begin with the same name shall be arranged amongst themselves in the alphabetical order of their other names; and (c) partnerships whose names begin with an initial or a name which is not a surname shall be placed in the alphabetical position appropriate to the first, and where necessary the second and other, surnames in their names; and (d) in the case of partnerships, unincorporated associations, and corporate bodies whose names begin with the definite article, that article shall be disregarded for the purpose of determining their alphabetical positions in the register. (2) No error in the arrangement of the names in the register nor any failure to place a name in its proper alphabetical position shall invalidate the register or the registration of the name so misplaced. Form of register. 3. (1) Every register shall be in the prescribed form and shall show in respect of every person registered therein the following matters and such other matters as shall be prescribed, that is to say:— (a) the full name and address of such person; and (b) whether such person is an individual, partnership, unincorporated association, or corporate body; and (c) the premises or all the several premises in respect of which such person is registered; and (d) the value within the meaning of section 35 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930) of the premises or the respective such values of the several premises in respect of which such person is registered; and (e) the number of votes to which such person is entitled. (2) For the purposes of this rule, the address of a person who is registered in the register in respect of one premises only shall be the postal address of such premises and the address of a person who is so registered in respect of two or more premises shall be the postal address of such one of those premises as such person shall indicate to the registration officer, or, in default of such indication, as the registration officer shall consider to be most convenient. House to house inquiry. 4. It shall be the duty of the registration officer whenever he is required by this Act to prepare a register (other than the first register) to cause a house to house or other sufficient inquiry to be made with a view to ascertaining the persons appearing to be entitled to be registered in such register and the particulars in respect of each such person which are required by or under this Act to be stated in such register. Obligation of occupier to give information. 5. (1) The registration officer may, by notice in the prescribed form, sent by post or otherwise, require any person occupying premises in the City to give in the prescribed form any information in his possession which the registration officer may require for the purposes of the preparation of any register and it shall be the duty of such person to give such information accordingly. (2) Every person who fails to give any information which he is required by the registration officer to give under this rule or gives any such information which is false or misleading in any material respect shall be guilty of an offence under this rule and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. Notice for claims for the first register. 6. (1) For the purposes of the preparation of the first register, it shall be the duty of the registration officer to publish at the prescribed time and to keep published during the prescribed period a notice in the prescribed form stating that such register is being prepared and inviting persons who claim to be entitled to be registered in such register to send to the registration officer on or before a specified date notice of such claim and stating the form of and the particulars to be stated in such claim. (2) The date to be specified in the said notice published under this rule as the day on or before which claims are to be sent to the registration officer shall be such date as shall be prescribed in that behalf. (3) The registration officer shall prepare and publish at the prescribed time and keep published during the prescribed period a list (in this Schedule referred to as a list of claimants and distinguished as the first such list) of all persons in respect of whom claims for registration are sent to him in pursuance of and within the time limited in the notice published by him under this rule. Publication of electors lists. 7. (1) The registration officer shall, on or before the 29th day of January preceding every City election other than the first City election, prepare and publish a list (in this Schedule referred to as an electors list) of all persons appearing to him to be entitled to be registered in the register to be prepared under this Act for such election and shall keep such list published until the next following 27th day of February. (2) Every electors list shall contain, in respect of every person whose name is entered therein, the like particulars as are required by or under this Act to be contained in the said register in respect of persons registered therein. (3) Whenever the registration officer publishes an electors list he shall at the same time and for the same period publish a notice stating the mode in which and the time within which claims and objections in respect of such electors list may be made under these rules. (4) Whenever the registration officer publishes an electors list he shall, during the period for which such electors list is required by this rule to be kept published, keep in his office a copy of such electors list and permit any person to inspect free of charge such electors list in such office at any time during business hours and shall furnish to any person on payment of the prescribed fee a copy of such electors list or any part or parts thereof for which such person shall apply. Claims in relation to electors lists. 8. (1) Any person who claims to be entitled to be registered in a register (other than the first register) and whose name does not appear in the electors list published in relation to such register may, on or before the 26th day of February next after the commencement of the publication of such electors list, send to the registration officer a claim in the prescribed form and containing the prescribed particulars, to be registered in such register. (2) On or before the 12th day of March next after the publication of an electors list the registration officer shall prepare and publish a list (in this Schedule referred to as a list of claimants) in the prescribed form of the names of all persons who have duly made in pursuance of the foregoing sub-rule a claim to be registered. (3) Every list of claimants shall be kept published until the 27th day of March next after the commencement of the publication thereof. Objections to electors lists. 9. (1) Any person who claims that any statement contained in an electors list in relation to himself or any other person is incorrect or incomplete or that any person (including himself) whose name is entered in an electors list is not entitled to be registered in the register in relation to which such electors list is prepared, may send to the registration officer, on or before the 19th day of February next after the commencement of the publication of such electors list, an objection in the prescribed form and containing the prescribed particulars to such electors list. (2) On or before the 5th day of March next after the publication of an electors list the registration officer shall prepare and publish a list in the prescribed form of all objections to such electors list duly sent to him under the foregoing sub-rule and shall keep such list published until the 27th day of March next after the first publication thereof. Objections to lists of claimants. 10. (1) Any person who claims that any other person whose name is entered in a list of claimants is not entitled to be registered in the register to which such list relates may send to the registration officer, in the case of the first list of claimants, on or before the prescribed day and, in the case of every subsequent list of claimants, on or before the 26th day of March next after the first publication of such list, an objection in the prescribed form and containing the prescribed particulars to such list. (2) As soon as possible after every day which is the last day for sending to the registration officer objections to a list of claimants the registration officer shall prepare and publish a list in the prescribed form of all objections to such list of claimants duly sent to him under the foregoing sub-rule and shall keep such list of objections published for fourteen days after the commencement of the publication thereof. Notice to persons objected to. 11. No objection to an electors list or to a list of claimants (other than an objection made by the registration officer) shall be entertained by the registration officer unless the person making such objection has, within the time limited for making such objection, sent a copy of such objection by registered post to the person to whom such objection relates. Objections by the registration officer. 12. (1) The registration officer may himself at any time object to the registration of any person whose name is entered in an electors list or in a list of claimants and shall, where the time at which he makes such objection so permits, include such objection in the list of objections to such electors list or list of claimants (as the case may be) published under these rules. (2) Whenever an objection is made by the registration officer under this rule the registration officer shall send notice of such objection by post or otherwise to the person to whom such objection relates. (3) The registration officer may make such inquiries as he may deem necessary in regard to any name or statement entered in an electors list or a list of claimants. Consideration of and ruling on claims and objections. 13. (1) As soon as practicable after the day which is prescribed as the last day for sending to the registration officer objections to the first list of claimants the registration officer shall consider all claims sent to him in accordance with these rules for registration in the first register and all objections to the first list of claimants sent to him in accordance with these rules or made by him under these rules and shall rule on every such claim or objection. (2) As soon as practicable after the 26th day of March next after the publication of an electors list the registration officer shall consider all claims and objections sent to him in accordance with these rules in relation to such electors list and all objections to the relevant list of claimants sent to him in accordance with these rules and all objections made by him to such electors list or such list of claimants, and shall rule on every such claim or objection and shall make such (if any) corrections in such electors list as appear to him to be necessary in consequence of such rulings. (3) When considering and ruling on a claim or objection in relation to a person who occupies or claims or is alleged to occupy premises partly for the purpose of carrying on therein any business, profession, trade, manufacture or other commercial or industrial pursuit, the registration officer shall consider and, when requisite, rule on the proportion of the valuation under the Valuation Acts of such premises which is fairly attributable to the part thereof so occupied. (4) Before ruling on any claim or objection the registration officer, if and whenever he considers it necessary or desirable so to do, shall give to the person by whom such claim or objection (not being an objection made by the registration officer) was made and, in the case of an objection (including an objection made by the registration officer), to the person to whom such objection relates an opportunity to be heard in regard to such claim or objection (as the case may be) and shall hear and consider such representations as may be made to him by any such person. (5) The registration officer may make such inquiries as he may think proper in regard to any claim or objection sent to him under these rules in relation to the first register or in relation to any electors list. Appeals from the registration officer. 14. (1) Whenever the registration officer rules on a claim or objection he shall, in the case of a ruling in relation to the first register, within three days or, in the case of any other ruling, within seven days after making such ruling, give notice in the prescribed form of such ruling to the person by whom such claim or objection (not being an objection made by the registration officer) was made and, in the case of a ruling allowing an objection (including an objection made by the registration officer), to the person to whom such objection relates. (2) A person desiring to appeal against a ruling of the registration officer on a claim or an objection shall, within five days after the receipt by him of the said notice of such ruling, give to the registration officer a notice (in this rule referred to as a notice of appeal) in the prescribed form requiring the registration officer to state a case for the opinion of the Circuit Court in relation to such ruling and specifying the matters in respect of which the opinion of the said Court is required. (3) Any person giving to the registration officer a notice of appeal under this rule in relation to a ruling on an objection shall at the same time give a copy of such notice to the person by whom such objection was made or to whom such objection relates (as the case may require). (4) Whenever the registration officer receives a notice of appeal under this rule he shall, as soon as conveniently may be, state and send to the county registrar for the City a case for the opinion of the Circuit Court setting out the relevant facts as established to his satisfaction and specifying in accordance with such notice of appeal the matters on which the opinion of the said Court is desired. (5) The registration officer, when sending to the county registrar for the City a case stated under this rule, shall send to such registrar with such case the originals or copies (as the circumstances may require) of all relevant documents. Completion and publication of the register. 15. (1) On or before the prescribed day the registration officer shall, from the first list of claimants, the objections to such list sent to him in accordance with these rules, the objections to such list made by him under these rules, and his rulings on the claims in such list and on the said objections, prepare and complete the first register and shall publish such register. (2) On or before the 1st day of June preceding a City election (other than the first City election) the registration officer shall complete the correction of the electors list prepared for the purpose of the register for such election and shall form such list into a register for such election and shall publish such register. Publication of register. 16. (1) A register shall be published for the purposes of these rules by the publication in the Iris Oifigiúil of a notice that a copy of such register is open to inspection during business hours at the office of the registration officer and affixing a like notice outside and on or near the door of the said office. (2) The registration officer shall send to the Minister for Local Government and Public Health a copy of every register published under these rules immediately upon publication thereof and shall thereafter furnish to the said Minister a summary of the contents of such register at such times, in such form and giving such particulars as the Minister shall direct. (3) The registration officer shall during the prescribed period keep in his office a copy of the register which is for the time being the last register published under this Act and during such period shall permit any person to inspect free of charge such copy in such office during business hours and shall furnish to any person on payment of the prescribed fee a copy of such register or any part or parts thereof for which such person shall apply. Publication of documents. 17. (1) When the registration officer is by these rules required to publish any document and no specific provision is made as to the mode of publication, he shall publish the document by making copies thereof available for inspection in his office and, if he thinks fit, in any other manner which is in his opinion desirable for bringing the document to the notice of those interested. (2) Any failure to publish a document in accordance with these rules shall not invalidate the document, but this provision shall not relieve the registration officer from any penalty for such failure. Forms of claims and objections. 18. The registration officer shall supply free of charge forms of claims and forms of objection to any person applying to him therefor. Mode of sending notices, etc. 19. (1) Any notice, claim, objection, or other document required or authorised by these rules to be given or sent to the registration officer may be so given or sent by sending the same by prepaid post addressed to the registration officer at his office. (2) Any notice or other document which is required or authorised by these rules to be sent or given by the registration officer to any person may be so sent or given by sending the same by prepaid post addressed to such person at his latest abode or place of business known to the registration officer. SECOND SCHEDULE. Conduct of Elections. Definitions. 1. In this Schedule— the word “election” means an election of commercial members of the City Council; the word “register” means the register of commercial electors prepared under this Act for the election in relation to which the word is used; references to the office of the returning officer shall be construed as references to that portion of the offices of the Dublin City Manager and Town Clerk which is for the time being allocated by him to the transaction of the business of the returning officer under this Act; the expression “business hours” in relation to the office of the returning officer means any time during which that office is open for the transaction of business; the expression “the City” means the county borough of Dublin; the expression “election tribunal” means a court or other tribunal having cognisance of petitions complaining of undue return or undue election at an election of commercial members of the City Council. Times for particular acts. 2. At every election— (a) the day of election shall be the day which is the day of election for the election of ordinary members of the City Council; (b) the time for the publication of the notice of the election shall be not later than eighteen clear days before the day of election; (c) the latest hour and day for receiving nomination papers shall be three o'clock in the afternoon on the day which is twelve clear days before the day of election; (d) the latest hour and day for the withdrawal of candidates shall be three o'clock in the afternoon on the day which is ten clear days before the day of election; (e) the day for making out the statement of persons nominated shall be the day which is nine clear days before the day of election; (f) the time for the issue of ballot papers shall be such hour and day after the statement of persons nominated has been made out as the returning officer shall appoint for the purpose, but shall not be later than the day which is five clear days before the day of election; (g) the close of the poll shall be nine o'clock in the evening of the day of election. Notice of the election. 3. The returning officer shall, within the time limited by these rules, prepare, sign, and publish a notice in the prescribed form of the election. Nomination of candidates. 4. (1) Every candidate at an election shall be nominated in writing in the prescribed form (in this Act referred to as a nomination paper) or in a form to the like effect and shall be so nominated by not less than ten nomination papers each of which is signed by one person as nominator and no two of which are signed by the same person. (2) Every nomination paper shall state the surname and other names in full of the candidate and his place of abode and description. (3) No person shall sign a nomination paper as nominator unless he is registered in the register prepared for the election to which such nomination paper relates. (4) The following provisions shall have effect in relation to the signing of nomination papers by persons signing as nominators, that is to say:— (a) a nomination paper intended to be signed by an individual registered in the register in his own name shall be signed by such individual in his own name, and shall state the place of business and description of such individual; (b) a nomination paper intended to be signed by an individual registered in the register in a trade name shall be signed by such individual in such trade name, and shall state the principal office or place in which business is carried on in the City in that trade name; (c) a nomination paper purporting to be signed in a trade name shall, until the contrary is proved, be deemed to have been so signed by the individual who is registered in the register in that name; (d) a nomination paper intended to be signed by a partnership or by an unincorporated association shall be signed in the name of such partnership or association by some person having authority to sign in that name, and shall state the principal office or place of business in the City of such partnership or association; (e) a nomination paper purporting to be signed in the name of a partnership or in the name of an unincorporated association shall, until the contrary is proved, be deemed to have been so signed by a person having authority to sign in that name; (f) a nomination paper intended to be signed by a corporate body shall be so signed by affixing to such paper the seal of such body in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of such body, and shall state the principal office or place of business in the City of such body; (g) a nomination paper purporting to be sealed with the seal of a corporate body and to be countersigned shall, until the contrary is proved, be deemed to have been so sealed in the manner and with the countersigna-tures required by the constitution, articles of association, or other regulations of such body; (h) every nomination paper shall state the number in the register of the person signing such paper as nominator. (5) The returning officer shall provide forms of nomination papers and shall furnish free of charge to any person entered in the register such number of forms of nomination papers as such person shall reasonably ask for. Delivery and validity of nomination papers. 5. (1) Every nomination paper shall be delivered in person by either the candidate or the nominator named therein to the returning officer at his office at any time during business hours on any day before the latest hour and day for receiving nomination papers and any nomination paper not so delivered shall be invalid. (2) The returning officer shall note on each nomination paper the time at which such paper was delivered to him and shall also number, in the order in which they are delivered to him, the nomination papers of each candidate. (3) The returning officer shall, as soon as practicable after the delivery of a nomination paper to him, examine such paper and decide whether it is or is not in the proper form, duly filled up, signed, and completed in accordance with this Act and whether it is valid or is invalid. (4) The decision of the returning officer that a nomination paper is in the proper form, duly filled up, signed, and completed in accordance with this Act and is valid shall be final and conclusive. (5) Whenever the returning officer decides that a nomination paper is invalid he shall write and sign on such paper a note of his decision and the grounds thereof. (6) The first ten valid nomination papers for any candidate duly delivered to the returning officer in accordance with this rule shall be the nomination papers for that candidate, and all other nomination papers for that candidate shall have no operation or effect. (7) When ten valid nomination papers for any candidate have been duly delivered to the returning officer, the returning officer shall, as soon as practicable and in any event not later than the day for making out the statement of persons nominated, send to such candidate by post or otherwise notice in writing of the delivery of such papers. Statement of persons nominated. 6. The returning officer, on or before the day for making out the statement of persons nominated, shall prepare a statement in the prescribed form setting out the names, places of abode, and descriptions of the candidates who have been validly nominated and have not withdrawn their candidature and shall affix a copy of such statement on the principal external gate or door of the building in which his office is situate. Withdrawal of candidature. 7. Any candidate may, at any time before or after he has been nominated but not later than the latest hour and day for the withdrawal of candidates, withdraw his candidature. Nomination for both ordinary and commercial elections. 8. If the returning officer, at the expiration of the time for receiving nomination papers under these rules, finds that any candidate, duly nominated under these rules, has also been duly nominated as a candidate in respect of any borough electoral area for election as an ordinary member of the City Council and has not withdrawn either of such candidatures, the returning officer shall forthwith send by post or otherwise to such candidate a notice in writing informing him of such nominations and requiring him to withdraw one of such candidatures, and if such candidate does not lawfully withdraw one of those candidatures before the expiration of the time within which a candidature may be withdrawn under these rules he shall, at the expiration of such time, be deemed for all purposes to have withdrawn his candidature for election under this Act. Circumstances in which a poll is or is not to be taken. 9. (1) If the number of candidates who are validly nominated and do not lawfully withdraw their candidature exceeds the number of members to be elected, a poll shall be taken in accordance with this Act. (2) If the number of candidates who are validly nominated and do not lawfully withdraw their candidature is equal to the number of members to be elected, the returning officer, on the day after the latest day for the withdrawal of candidates, shall publish a notice in the prescribed form that no poll will be taken and that the said candidates will be declared to be elected and shall also send by post or otherwise to each of the said candidates a copy of such notice. (3) If the number of candidates who are validly nominated and do not lawfully withdraw their candidature is less than the number of members to be elected, such and so many of the retiring members as were highest in order of declaration at the last election or, if there was no poll at such election, as shall be selected by lot by the returning officer as will make up the full number of members to be elected shall be deemed to have been validly nominated for reelection and shall, for the purposes of the foregoing sub-rule of this rule, be deemed to be candidates who have been validly nominated and have not withdrawn their candidature, and the said sub-rule shall apply accordingly. Procedure where there are no candidates. 10. If no candidate is validly nominated or all the candidates who are validly nominated lawfully withdraw their candidature, the retiring members shall be deemed to be re-elected and the returning officer, on the day after the latest day for the withdrawal of candidates, shall publish a notice that no poll will be held and that the retiring members will be declared to be elected and shall also send a copy of such notice by post or otherwise to every such retiring member. Death of candidate. 11. (1) If the returning officer, before the latest hour and day for the withdrawal of candidates, receives notice that a candidate who has been validly nominated has died (whether before or after his nomination) such candidate shall for the purpose of these rules be deemed to have lawfully withdrawn his candidature. (2) If the number of candidates who are validly nominated and do not withdraw their candidature exceeds the number of members to be elected and the returning officer receives, before the issue of ballot papers has commenced, notice of the death of one or more of such candidates and the number of such candidates surviving is equal to or less than the number of members to be elected, the returning officer shall forthwith countermand the poll and the rules in this Schedule relating to the event of the number of candidates being (as the case may require) equal to or less than the number of members to be elected shall apply with the substitution of the day after the receipt of such notice by the returning officer for the day after the last day for the withdrawal of candidates. Right of electors to receive ballot papers. 12. (1) On the day appointed for the issue of ballot papers, the returning officer shall send by post to each person whose name is on the register at the address stated on such register such number of ballot papers as such person is entitled to receive together with a form of declaration of identity. (2) Every person entitled to vote at an election shall be entitled to vote at that election in the following and no other manner, that is to say, by marking ballot papers sent to him under these rules and returning by pre-paid registered or ordinary post to the returning officer or delivering to the returning officer at his office during business hours such ballot papers together with the form of declaration of identity sent to him therewith duly made and completed by him. Method of filling ballot papers. 13. (1) An elector in giving his vote must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes and may in addition place on his ballot paper the figures 2 and 3, or 2, 3 and 4 and so on opposite the names of other candidates in the order of his preference. (2) Any ballot paper— (a) which does not bear the official mark; or (b) on which the figure 1 standing alone indicating a first preference for some candidate is not placed; or (c) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate; or (d) on which the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate; or (e) on which anything except the number on the back is written or marked by which the voter can be identified; shall be invalid and not counted. Form of ballot papers. 14. (1) Every elector shall be entitled to receive a number of ballot papers equal to the number of votes to which he is stated in the register to be entitled, but neither the failure of any elector to receive the said number of ballot papers or to receive any ballot papers nor the receipt by any elector of more than the said number of ballot papers shall invalidate the election. (2) Every ballot paper shall be in the prescribed form and shall— (a) contain a list of the candidates described by their names, addresses, and descriptions as stated in their nomination papers and arranged alphabetically in one continuous column in the order of their surnames and, in the case of identity of surnames, of their other names; and (b) have a number printed on the back thereof; and (c) have attached a counterfoil with the said number printed on the face thereof; and (d) be marked, at the time of the issue thereof, on both sides with an official mark either stamped or perforated. (3) The surname of each candidate shall be printed on the ballot papers in large characters and their other names and their addresses and descriptions shall be printed in small characters save that, whenever the surnames of two or more candidates are the same, there shall be printed in large characters (in addition to their surnames) the other names of such candidates and so much of the address or the description or both the address and the description of each such candidate as will, in the opinion of the returning officer, effectively distinguish such candidate. Declaration of identity. 15. (1) Every declaration of identity shall be in the prescribed form and such form shall include (either on the face or the back of the form) instructions to the voter. (2) Every declaration of identity shall be signed by the voter and (except where the voter is a corporate body) shall be signed in the presence of a witness who shall also sign such declaration and state thereon his address and description. (3) The following provisions shall have effect in relation to the signing of declarations of identity by voters, that is to say:— (a) where the voter is registered in the register in a trade name the declaration shall be signed by such voter in the said trade name followed by the signature of such person in his own name; (b) where the voter is a partnership, the declaration shall be signed in the partnership name by one of the partners followed by the signature of such partner in his own name and the word “partner”; (c) where the voter is an unincorporated association, the declaration shall be signed in the name of such association by some person having authority to sign in that name followed by the signature of such person in his own name and a statement of the capacity in which he signs in the name of such association; (d) where the voter is a corporate body the declaration shall be signed by affixing thereto the seal of such body in the manner and with the countersignatures required by the constitution, articles of association, or other regulations of such body; (e) a declaration of identity purporting to be signed in accordance with this sub-rule shall, until the contrary is proved, be deemed to be signed in accordance with these rules. Issue of ballot papers. 16. At the time appointed by the returning officer for the issue of ballot papers, the returning officer shall issue and send to every person registered in the register the number of ballot papers to which such person is entitled together with a form of declaration of identity and such other documents as are specified in these rules. Attendance of candidates. 17. Every candidate at an election shall be entitled to attend at the issue of ballot papers for that election, and the returning officer shall, on the request of any such candidate, inform such candidate of the time and place at which such issue of ballot papers will be made. Persons present at issue of ballot papers. 18. No person shall be present at the issue of ballot papers save the returning officer and his assistants, such of the candidates as choose to attend, and such other person (if any) as the returning officer may permit to be so present. Method of issuing ballot papers. 19. (1) The returning officer shall issue ballot papers to each elector by doing or causing to be done the following things in the following order, that is to say:— (a) the number, name, and description of the elector and the number of ballot papers to which he is entitled, as stated in the register, shall be called out; (b) the elector's said number shall be marked on the several counterfoils of the number of ballot papers to which he is entitled; (c) a mark shall be placed on the register opposite the elector's number thereon to denote that ballot papers have been issued to such elector but without disclosing the identity of any of such ballot papers; (d) every of the said ballot papers shall be marked on both sides with the official mark; (e) the several numbers on the backs of the said ballot papers respectively shall be marked upon a form of declaration of identity and upon a ballot paper envelope; (f) there shall be placed in an envelope (hereinafter referred to as the outer envelope) in the prescribed form addressed to the elector at his address stated in the register the following documents, that is to say:— (i) the said ballot papers; and (ii) the said form of declaration of identity; and (iii) an envelope (hereinafter referred to as the covering envelope) in the prescribed form addressed to the returning officer; and (iv) a smaller envelope (hereinafter referred to as the ballot paper envelope) in the prescribed form marked as hereinbefore directed with the several numbers on the backs of the said ballot papers respectively; (g) the outer envelope shall be effectually closed. (2) When the foregoing provisions of this rule have …