cluded, is here expressed, because it is one of the first which will arise, and because in principle there is no pretence for limiting the exclusion to barristers, who are at least supposed or assumed to be more decorous, competent, and less intrusive than other assistants in discussion, whether they be the attorney of the parish or the schoolmaster of the village, to whom all the sound reasons for exclusion will apply, and from whom none of the objects of attendance on parties by counsel, that is, at the bar,* are so reasonably to be expected, namely, the exhibiting the legal rights of the claimant, and sparing labour and research to the barrister who is to adjudicate.

At the same time it is not meant to be asserted that there are not amongst the very numerous and (individually) infinitely variable classes of attornies at law, intelligent persons, in all respects, fully as competent to such business and duty as most of the members of the bar, and it may even be admitted, that some of them are much more so than many of that forensic degree. That consideration, however, does not affect this question.

It will be a matter to be settled between the barrister revising and the party attending as counsel, the former being placed between the horns of unjustifiable delay and an action for the exclusion.

The only excuse to be found for giving so much space and time to this point is, that it is a matter of much importance both to the parties, to the legal

* It should not be overlooked in a question of this nature, on such a subject, that the word "barrister" is always used in the Act where counsel at the bar are intended to be expressed.

Parties may perhaps attend or appear by

counsel.

S. LII. Barrister's

profession, and to the court, and will be a subject of dispute, if not cause of error.

Although, however, parties may not be attended by counsel, there is no provision that counsel shall not appear for them, but without them, before the reviser, for the purpose of supporting objections or claims. It seems, therefore, that the party may be represented at the hearing, (though he cannot be attended) by counsel, or attornies, or any other person, whether at the bar or not.

It is ultimately expressly enacted by the condecision to be cluding clause of the 52d Section, that upon every hearing in open court, whether of claim or objection, the barrister shall finally determine upon its validity.

final.

His powers.

Attesting

alterations.

Lists of persons objected

to.

Completion and disposal of revised lists.

He is for that purpose invested with the like powers as returning officers had by law, and is authorised to proceed in the same manner (except where otherwise directed by the Act).

In order in some measure to solemnize and give authentic sanction to the proposed lists, this Section requires that the revising barrister shall, in open court, write his initials against the names struck out or inserted.

There is no provision for disposal of the lists of names of persons objected to.

The last act required of the revising barristers is, that they shall identify and authenticate the perfected lists, by signing each page of the several lists, so settled by them, with their names; all the corrections having been verified and marked as genuine by the initials of the barrister's name duly set against each part of the lists which contains any alteration.

CHAPTER X.

RESULT OF REVISAL AND EFFECT OF DECISION.

It appears from the preceding summary of his duties, that the revising barrister will have had to determine, first, what persons, that is, names, should be expunged from, or retained on, the lists, and what names should be inserted or remain omitted.

There will have been made before him four distinct classes or orders of questions for the consideration and conduct of the revising barrister, with respect to the rights of persons claiming, or objected to as voters, on which will depend the adjudication.

The first and third are to be recorded by the act of expunging, (or striking out, see Sect. 52,) or inserting; each of which will be matter of act and fact apparent on the lists themselves, and will be further solemnized by the act of the formal attestation of the barrister, in obscribing against the still legible name the initials of his own. This ostensibility was necessarily and wisely, and is obviously the advised object of the legislature in dictating the means and progress of making, amending, correcting, revising, and completing, the lists of voters; and the prudence and precaution of the required course will ensure the fairness of the proceedings, by guarding against fraudulent acts and the security of concealment.

The second and fourth, however, that is, adjudicated omissions and retainers, will not appear; for the only mode of effecting the decision—that a name

S. LIV.

County lists to be transmitted to clerks of peace as records.

Borough lists to be deliver

ed to return

ing officers.

Registers.

has been rightly and properly omitted or inserted, is by refusal to insert or expunge it.

This necessary exception, from the advantageous regulation requiring visible traces of the determination and performance of a positive act to appear on the face of the record, in proof of its authenticity, will be found to lead to some difficulty with reference to the 60th Section of this Statute, which will be pointed out when it shall come under consideration in the chapter on Petitions.

All the lists so corrected, "settled," signed, and authenticated, are required to be disposed of by the revising barrister, according to the provisions in that respect of the 54th Section of the Act.

Thus the lists of voters for counties are, when so perfected in substance and in form by the barrister as above described, to be by him forthwith TRANSMITTED to the clerk of the peace for the particular county or part of county for which such barrister shall have been appointed [Section 54], for the purpose of being enrolled or deposited and preserved amongst the records of the sessions, arranged according to hundreds, in alphabetical order.

The lists of voters for cities or boroughs the reVising barrister is required to DELIVER forthwith to the returning officers for the particular city or borough to which each belongs.

From those lists the clerks of the peace for counties and divisions of counties, and the returning officers for cities and boroughs, are to make the books which are to be the registers of the electors to vote in the choice of members of Parliament.

CHAPTER XI.

THE REGISTERS.

Formation of Registers of Electors to vote at Elections
in the Choice of a Member or Members to serve in
Parliament for Counties, and Divisions of Counties,
Cities and Boroughs.

S. LIV. Lists per

THE clerks of the peace for counties, and the returning officers for cities and boroughs, having fected to be received the lists of voters, signed by the barrister, copied into are thereupon required forthwith to cause them to be fairly and truly copied in the same order, in

It is to be regretted that there should have been any doubt suffered to obtrude on this point, but some difficulty will be generated by the absence of more explicit instruction to clerks of the peace, on the subject of making the books to be the Registers of Electors. Although they are expressly directed to cause the Lists to be fairly and truly copied into the books, yet the general tenor and apparent objects of the clauses prescribing the use and application, and declaring the effect of the Registers, induce an implied assumption that they are to contain the Names inserted and retained, and those alone. The books are declared in all the clauses which speak of them, to be designed to be the Registers of Persons entitled to vote, not of persons claiming or having claimed a right to vote, and having a right to tender votes, and some of the sections provide for omissions from the Registers.

An advantage of much importance would accrue from the Registers being full and true copies of the Lists (or at least that such copies should accompany the production of the Register) in this that the returning officer would be enabled, to a certain extent, to know what persons might lawfully tender votes, (though not registered, and therefore could not actually vote,) for the purpose of challenging the registration, or impeaching the Register.' He would, it is true, not see there the confirmed omissions, and this is an obvious disadvantage of suffer. ing any names to be omitted, in not furnishing the names of

books.