turning officer, has been completed, or that such candidate has obtained a comparative majority, as hereinafter mentioned, and if the member, or full number of members which the same constituency is entitled to elect, shall not have been returned, then the said returning officer shall, if such candidate has polled a majority or greater number of votes of such constituency than any other candidate, and any of such votes shall have been appropriated to him according to the rules hereinafter prescribed, return such candidate so certified to him, or so many of such candidates as shall complete the number of members which the said constituency is entitled to elect, as duly elected to serve in Parliament; and if the candidate or candidates having a majority or greater number of votes in such constituency shall not have obtained the quota or comparative majority, as aforesaid, then the said returning officer shall so return such or so many of the said candidates, not exceeding the number that said constituency is entitled to elect, as shall be certified by the registrar to have obtained the quota or comparative majority, and who shall have polled in the said constituency such highest or higher number of votes, exclusive of the candidate or candidates who have so failed in obtaining the said quota or comparative majority; and in the ultimate computation of such majority or greater number of votes polled for any candidate in a particular constituency (who has obtained the quota or comparative majority as aforesaid), the returning officer thereof shall not regard the cancellation of the names of any such candidate on the voting papers thereof, owing to such votes being in excess of the quota of such candidate, but shall, in computing such majority or greater number of votes of the particular constituency, count such votes, whether the same be or be not cancelled as aforesaid, both for the candidate or candidates whose name or names has or have been so cancelled, andfor the candidate or candidates to whom they have been appropriated ; and shall also add thereto all other votes of the same constituency which shall be appropriated to him or them under Clause XXVI. of this Act.
The effect of this law may be illustrated by supposing, in the above case of Aberdeen, that the registrars had certified that Mr. Leith, Mr. Baillie, Lord Elcho, and Mr. Ellice had, and that no other of the candidates had, obtained the full complement of votes. Mr. Leith would then be returned as the second member. Assuming that Aberdeen were entitled to return a third member, that the other successful candidates were Lord Elcho, Mr. Baillie, and Mr. Ellice, and that none of the 250 votes given for Mr. Baillie had been appropriated to him, his quota being completed without their aid, by voters of the constituency to which he had offered himself, or the
