§ MR. SHIRESS WILL (Montrose, &c.)I beg to ask the Lord Advocate whether in view of the triennial elections of School Boards in Scotland now commencing, he can give the House any information as to the duties of returning officers at such elections; whether, looking to Section 53 of "The Elections (Scotland) Corrupt and Illegal Practices Act, 1890," repealing the 14th section of "The Elementary Education (Scotland) Act, 1872," it is now the duty of the returning officer (or of any and what other authority) at such elections, in every case of equality of votes, to determine which candidate is to be deemed 1065 duly elected; whether, looking to the repeal aforesaid, there is now any authority (under the existing provisions of the Education Acts affecting Scotland) for returning officers to hold or declare the candidates having the majority of votes duly elected, or to determine in every case of equality of votes which candidate is to be deemed duly elected, as was the law under the Act of 1872; if the 14th section of "The Elementary Education (Scotland) Act, 1872," is to any extent repealed, what are the duties of returning officers in relation to the matters above referred to; and whether any and what subsequent legislation takes the place of the directions given to returning officers in the Act of 1872?
§ *THE LORD ADVOCATE (Mr. J. P. B. ROBERTSON,) ButeThe duties of Returning Officers at School Board Elections are prescribed by the General Order of October, 1890, issued by the Scotch Education Department in virtue of the powers conferred on the Department under the Education Acts. Paragraph 20 of that Order provides for the case of an equality of votes. The Returning Officer is also, in pursuance of Paragraph 21, to make a return of the result of the poll and of the names, with place of abode and designation, of the persons elected, which must necessarily be based upon the number of votes obtained by the respective candidates.