may be inspected or produced upon all proper occasions, by any person (12.) General interested in such elections." Matters before Persons to whom The statute, after directing (s. 2 & 3) that all persons to whom the writs Election. for the election of members to parliament ought to be and are usually directed shall, within a month, send to the postmasters-general an account such writs are of the places where they shall hold their offices, and so from time to time, as usually directed, often as such places shall be changed, and of the post town nearest to such must give an acoffices; or in case any such office shall be in London, Westminster, or count of the places Southwark, or within five miles thereof, shall send such account to the mes- of their offices. senger of the great seal; proceeds to enact, (s. 4 & 5) that after the death of Mileage and other the then messenger of the great seal, the allowances of mileage shall cease, fees abolished, except an allowance of two guineas on each writ for the election of a member except two guion any vacancy, and of 50%. on the calling of a new parliament. And it further enacts, that whereas the messenger of the great seal and his deputy have, from time to time, received certain other fees for the conveyance and upon the delivery of these writs, such fees shall cease from the passing of the act; and that neither the messenger nor his deputy, nor any other person, shall receive or take any fee, reward, or gratuity whatsoever, for the conveyance or delivery of any such writ. And sect. 5. further proceeds to give to the then messenger an annual allowance for his life of 5201. in compensation for these fees. neas on a vacancy, and 501. on a new parliament. misdemeanor. Sect. 7. enacts, that every person concerned in the transmitting or Persons acting delivery of any such writ as aforesaid, who shall wilfully neglect or delay in violation of the to deliver or transmit any such writ, or accept any fee, or do any other matter act, guilty of a or thing in violation of this act, shall be guilty of a misdemeanour, and may, upon conviction upon any indictment or information in his majesty's Court of King's Bench, be fined and imprisoned, at the discretion of the court, for such misdemeanour. Sect. 7. Offences committed in Scotland may be punished by a fine or imprisonment, as the judge before whom the offender shall be tried and convicted may direct. Vacancy by demise of member, &c.]—If a member die, or resign his seat, or be called to the upper house during the session, the speaker, on receiving the order of the house, issues his writ for a new election. But if during the recess, the speaker is empowered to issue such writ, by the 24 Geo. III. c. 26, on a certificate of the fact signed by any two members. So if a member be disqualified by bankruptcy as hereafter mentioned (see "Qualifications of Candidates," post, 50), and that fact be duly certified by the commissioner under the fiat, the speaker is authorised to issue his warrant for a new election. Notice of these facts are given in the London Gazette fourteen days previous to the issuing of the writ. By the 7 & 8 Wil. III. c. 25, s. 1, when any new parliament shall be Time of proceedsummoned, there shall be forty days between the teste and return of the ing to the election writ; and, as well upon the calling of any new parliament as upon a vacancy in counties. in parliament time, the writ shall be delivered to the proper officer to whom the execution thereof doth belong, and to no other person. And every such officer, upon receipt of the writ, shall indorse thereon the day that he received it, and shall forthwith make out a precept, and within three days after the receipt of the writ, shall deliver such precept to the proper officer of the place where any member is wanting, and to no other person; and such officer, upon the back of such precept, shall indorse the day of his receipt thereof, in the presence of the party from whom he received the same, and shall forthwith cause public notice to be given of the time and place of election, and shall proceed to election thereupon within eight days next after his receipt of such precept, and give four days' notice at least of the day appointed for the election. Although the above statute mentions forty days, yet in practice fifty days intervene, in consequence of the twenty-second article of the Treaty of Union (12.) General with Scotland, under which Queen Anne was limited in the power of calling Matters before the first parliament after the union, to a period not less than fifty days from the date of the proclamation for assembling it. (Words. Elec. 146.) Election. Notice of time tion to be given within certain By the 33 Geo. III. c.64, s. 1, all notices of the time and place of any and place of elec- election shall be publicly given at the usual place or places, within the hours of eight in the forenoon and four in the afternoon from 25th October to 25th March, and of eight in the forenoon and six in the afternoon from 25th March to 25th October inclusive; and no notice shall be deemed or taken to be a good or valid notice for any purpose, or to any effect whatsoever, which shall not be made and published in the manner and within the time of the day aforesaid. hours. Deputies and And by the 25 Geo. III. c. 84, s. 4, upon an election of a knight of the shire, the sheriff shall, within two days after the receipt of the writ, cause proclamation to be made at the place where the ensuing election ought by law to be holden of a special county court to be there holden for the purpose of such election only, on any day, Sunday excepted, not later from the day of making such proclamation than the sixteenth day, nor sooner than the tenth day; and shall proceed in such election, at such special county court, in the same manner as if the said election were to be held at a county court, or an adjournment thereof, according to the laws now in being. Provided, that the usual county court for all other purposes, or any adjournment thereof, may be held and proceeded in by the sheriff, in the same manner, and at the same times and places, as if the writ for the election of a knight of the shire had not been received. By 2 Wil. IV. c.45, s. 65, in every election of any knight of the shire, the clerks for taking sheriff shall appoint deputies and clerks as he shall think fit for taking the poll, in the places where the poll shall be carried on. the poll. Inspectors. Oath. Register of voters for booths. Check-book. In cities, boroughs, and towns corporate. Cinque ports. And by the 7 & 8 Wil. III. c. 25, the sheriffs shall admit one person for each candidate to be inspector of the clerks. By 2 Wil. IV. c. 45, sect. 71, the deputies appointed by the sheriff are entitled to 21. 28. per day each, and every clerk to 1 18. per day at the expense of the candidates. Though the returning officer is obliged to take the Bribery oath on opening the election, the same necessity does not apply to the deputies. The following is the oath which, by the 25 Geo. III. c. 84, s. 7, is to be administered by the returning officer to the poll clerks: : 'I do swear that I will at this election of a member or members to serve in parliament for the county [or "now southern division of the county of Lancaster"] truly and indifferently take the poll, and set down the name of each freeholder and the place of his freehold, and for whom he shall poll; and to poll no freeholder who is not sworn or put to his affirmation, if legally required.' This oath may be administered by the respective deputies of the returning officer at their several polling places. By the 2 Wil. IV. c. 45, s. 72, the sheriff must provide a copy of the register of voters for each booth. Sect. 9 of 18 Geo. II. c. 18, enacts that the sheriff shall allow a checkbook for every poll-book, for each candidate; to be kept by their inspectors, at every place where the poll shall be taken. By the 7 & 8 Wil. III. c. 25, s. 1, with respect to cities, boroughs, and towns corporate, the sheriff or other officer who received the writ shall forthwith make out a precept to each borough, town corporate, or place within his jurisdiction where any members are to be elected, and within three days (and in the Cinque Ports within six days, 10 & 11 Wil. III. c. 7,) after receipt of the said writ, shall by himself or proper agent deliver the precept to the proper officer of such borough, town corporate, or place within his jurisdiction, to whom the execution of such precept doth belong, and to no other person whatsoever. And every such officer shall indorse the day of his receipt thereof in presence of the party of whom he received the same, and shall forthwith cause public notice to be given of the time and place of elec tion, and shall proceed to the election within eight days after the receipt of (12.) General the precept, and give four days' notice at least of the day appointed for the Matters before election. Election. By the 19 Geo. II. c. 28, s. 6, 7, in a city or town, being a county of itself, In cities or towns the sheriff shall forthwith, on receipt of the writ, give public notice of the being counties of time and place of election, and proceed to election thereupon within themselves. eight days next after the receipt of the writ, and give three days' notice thereof at least, exclusive of the day of receipt of the writ and of the day of election: and the sheriff shall allow a check-book for every poll-book for each candidate, to be kept by their inspectors at the place of taking the poll. &c. And by stats, 34 Geo. III. c. 73, s. 1, and 42 Geo. III. c. 62, s. 1, after Persons to be apreciting that in many places it may be impracticable to receive the votes pointed to admi of all persons claiming and having a right to vote within the time limited nister the oaths, as aforesaid, it is enacted, that when a poll shall be demanded, the returning officer shall, at the request in writing of any candidate under his hand, immediately after such request, and before he shall proceed further in taking the poll, appoint two or more persons to administer all the oaths required to be taken by voters, [except that by stat. 43 Geo. III. c. 74, the cath or affirmation required by stat. 2 Geo. II. c. 24, shall be taken by every person before he is admitted to poll in manner as prescribed by the said act, if demanded]; and to certify the names of electors who shall have taken such oaths, or subscribed and made such declaration or affirmation respectively. And every person so appointed shall immediately, and before he shall act, take the following oath, to be administered by the returning officer, or his deputy : I do swear, that I will faithfully and impartially administer the oaths, and Oaths to be taken take the declarations and affirmations, now required by law to be taken or made by such persons. by voters at elections for members to serve in parliament, to and from such persons as shall lawfully apply to me in that behalf, in order to qualify themselves to vote at this election; and that I will, on being thereunto requested, fairly and truly give to every such person, or any of them, who shall take such oaths, or make such declarations or affirmations respectively or any of them, before me, a certificate thereof; and that I will not give such certificate to any person before he shall have taken such oath or oaths, or make such declaration or declarations, affirmation or affirmations respectively, as shall be mentioned in such certificate, before me and in my presence. And by stat. 34 Geo. III. c. 73, s. 4, if at any time during the election it If a sufficient shall be found that the number of persons so appointed are insufficient for number have not the purpose, and that the poll is delayed thereby, the returning officer, at the been appointed. request in writing of any candidate then present, shall appoint more in like manner as aforesaid. before such per Sect. 2. Any person claiming to vote may apply to one of the persons so Electors to take appointed to take the said oaths, or to make and subscribe such declaration the oaths, &c. or affirmation as aforesaid, and such person shall administer the same accordingly, and shall immediately sign and deliver a certificate thereof, which sons, who shall shall contain the name, addition, and place of abode of the person to whom thereof. the same shall be so delivered, and be in the following form: A. B. [naming the person taking the oath] of [naming the place of such person's abode, and his addition or occupation,] has taken the oath [or "oaths"] of [naming the said oath or oaths, so administered] before me, this day of And in case of Quakers subscribing the said declaration of fidelity, or taking their affirmation of the effect of the said oath of abjuration, shall be in the form following: (that is to say) A. B. [naming the person subscribing or affirming] of [naming the place of such person's abode, and his addition or occupation], kas made and subscribed the declaration of fidelity, and affirmed the effect of the oath of abjuration [or if only one of those acts has been done, then naming such one act only], before me, this day of give certificates And such person, on producing such certificate to the returning officer or Production of cerperson taking the poll, shall be permitted to poll in like manner as if such tificate to entitle baths, &c. had been taken before the returning officer. VOL. V. E to vote. (13.) Candi cation, &c. Sect. 3. If any person shall offer to vote without producing such certifidates' Qualificate, and being lawfully required to take the said oaths, and make such declaration as aforesaid, the same shall not be administered to him by the returning officer or person taking the poll, but he shall immediately withdraw, and take the same before one of the persons appointed as aforesaid. No person to vote without producing such certifi cate. Proper places to be appointed for taking such oaths, &c. Such places to be to the election, if required. Sect. 5. The returning officer shall provide a proper place for every such person so appointed, to which place the respective electors may have free access without interrupting the poll, and so as the persons so appointed may act separately without interfering with each other; and every such place shall be open and attended by the person appointed to act there, during all the time of the poll; and shall be kept open eight hours at least in every day, between eight in the morning and eight in the evening, until the final close of the poll; and such oaths, &c., shall be administered to as many of the electors, being ready, as conveniently can, not exceeding twelve at one time. And the returning officer shall deliver to each person so appointed a sufficient number of printed forms of the declaration to be made by Quakers, with blanks therein for the names of the persons offering to make and subscribe the same, to be inserted therein; and also a sufficient number of printed certificates in the like form, to be filled up and delivered to each elector so taking the said oaths or affirmation. Sect. 6. In case any candidate shall, three days at the least before such provided previous election, give or cause to be given notice in writing to the returning officer to provide proper places for administering the said oaths, declarations, and affirmations, he shall prepare and provide such proper places, so as to be ready before and against the day of election; and in case there shall not be a sufficient number of fit and convenient places for that purpose at the town or place where such election shall be had, which the returning officer can conveniently and at a reasonable expense procure, then he shall cause such booths or temporary erections to be made in convenient places in that behalf as shall be necessary for the purpose ; the expense of which, and of the said defrayed by the printed forms, and also the allowance to be made to the several persons appointed to administer the oaths, &c., as aforesaid (not exceeding one guinea a day each for every day's attendance) shall be paid by the candidates in equal proportions, to the returning officer, which, if not paid, may be recovered in the courts at Westminster. Expenses to be candidates. The 73 sect. of the 2 Wil. IV. c. 45, gives to the deputies of the sheriff, or returning officer, the same power of administering the required oaths and affirmations, and of appointing commissioners for that purpose, as the sheriff and returning officers possess themselves. Infants. Aliens. Persons attainted, &c. Absence. Clergymen disabled. Penalty on sitting or voting. XIII Qualification, &c. of Candidates. By the 7 & 8 Wil. III. c. 25, s. 8, no person under the age of twenty-one years shall be capable of being elected. Aliens, (4 Inst. 47,) denizens or naturalized aliens, (12 & 13 Wil. III. c. 2, s. 3,) are ineligible. Persons attainted of treason or felony are ineligible. (4 Inst. 47.) Absence from England is no ground of ineligibility. (Simeon, 51.) By the 41 Geo. III. (U. K.) c. 63, s. 1, 2, no person ordained a priest or deacon, or being a minister of the church of Scotland, shall be capable of being elected a member of the House of Commons; but the election of such person shall be void. Sect. 2. If any person, after his election, shall be ordained a priest or deacon, or such minister as aforesaid, he shall vacate his seat. Sect. 3. If such person shall, in either of the two cases aforesaid, presume to sit or vote as a member of such house, he shall forfeit for each day he shall so sit or vote 500l. to any person who shall sue for the same in any of his majesty's courts at Westminster; and such penalty shall be recovered, (13) Candiwith full costs, by action of debt, bill, plaint, or information; and every dates' Qualifiperson against whom such forfeiture shall be recovered, shall be, from cation, &c. thenceforth, incapable of taking, holding, or enjoying any benefice, living, or promotion ecclesiastical, or any office of honour or profit under the crown. Sect. 4. And proof of the celebration of divine service, according to the Proof of vocation. rites of the church of England or Scotland, in any church or chapel, consecrated, or set apart for public worship, shall be deemed prima facie evidence of the fact of such person having been ordained a priest, or deacon, or minister of the church of Scotland, within the meaning of this act. Sect. 3. But no person shall be liable to any such forfeiture, unless the Limitation of acprosecution be commenced within twelve calendar months after such for- tion. feiture shall be incurred. The judges of England are ineligible. (4 Inst. 47.) Judges. By the 30 Chas. II. s. 2, c. 1, no papist could sit in either House of Par- Papists. liament. But now by the 10 Geo. IV. c. 7, they may do so on taking certain oaths therein prescribed. See post, "Popery." Sir William Blackstone says, no person concerned in the management of Placemen. any duties or taxes created since 1692, except the commissioners of the treasury, nor any of the officers following (viz. commissioners of prizes, transport, sick and wounded, wine licences, navy, and victualling; secretaries or receivers of prizes; comptrollers of the army accounts; agents for regiments; governors of plantations and their deputies; officers of Minorca and Gibraltar; officers of the excise and customs; clerks or deputies in the several offices of the treasury, exchequer, navy, victualling, admiralty, pay of the army or navy, secretaries of state, salts, stamps, appeals, wine licences, hackney coaches, hawkers and pedlers), nor any persons that hold any new office under the crown created since 1705, are capable of being elected or sitting as members. (1 Blac. Com. 175.) void, but may be By the 6 Anne, c. 7, s. 26, if any person, being chosen a member of Accepting of office the House of Commons, shall accept of any office of profit from the crown, of profit while a during such time as he shall continue a member, his election shall be, and member, election is hereby declared to be void, and a new writ shall issue for a new election, again elected. as if such person so accepting was naturally dead. Provided, nevertheless, that such person shall be capable of being again elected, as if his place had not become void, as aforesaid. By the 22 Geo. III. c. 45, s. 1, all persons holding contracts made Contractors. with the commissioners of the treasury, navy, victualling office, or board of ordnance, for or on account of the public service, shall, during the time they shall hold such contracts, be incapable of being elected, or of sitting or voting in the House of Commons. An army clothier, who contracts with a colonel of a regiment, or his agents, to furnish clothing for such regiment, is not within stat. 22 Geo. III. c. 45, which renders all persons holding contracts for the public service incapable of being elected or sitting in the House of Commons. (Thomson, q. t. v. Pearse, Esq. 3 Moore, C. P. 260.) By the 6 Anne, c. 7, s. 25, no person having a pension from the crown Pensioners. during pleasure, shall be capable of being elected. Neither shall any person having a pension from the crown for any term of years, either in his own name, or in the name of any other in trust for him, be capable of being elected. But a pension received by the wife does not disqualify the husband. (Reading, Corb. Dan. 114.) By the 41 Geo. III. (U. K.) c. 52, s. 4, 5, persons who shall hold any Irish placemen, of the following places in Ireland, shall be disabled to sit in the Commons &c. House of the parliament of the United Kingdom, under similar penalties as incurred under former British or Irish acts, or, if disabled by this act, to forfeit 5001. per diem: namely, commissioners of customs, excise, or stamps. or persons any ways concerned in farming, collecting or managing any part of the revenue (except the commissioners of the treasury and their secre |