Sect. 2. 25 G. 3. By the 25 G. 3. it is enacted, that the poll shall commence on the day demanded, or on the next day, unless c. 84. s. 1. Sunday, and then upon the following day, and not to continue more than fifteen days, Sunday excepted, and the ven hours. poll is thereby required to be kept open each day during Sect. 1. open for se 7 & 8 W. 3. c. 25. s. 3. Roe 580 to 588. Usual to its continuance for seven hours at least, between the hours of eight and eight ;* and for the better taking the poll, the following regulations enacted by statute, must be complied with. The sheriff, or in his absence, the under sheriff, or such other persons as he shall depute as clerks, shall then forthwith proceed to take the poll. Of appointing Sub-sheriffs, Poll Clerks, Inspectors, and As it is impossible that the returning officer can himself, without the aid of others, take the poll, and perform the duties required at an election, where the electors are very numerous, the law permits the appointment of a certain number of persons, to assist him in so doing. 1. As to appointing sub-sheriffs, or deputies to returning officers: At elections for knights of shires:-The sheriff, or under sheriff, may appoint persons to act on their behalf at the different places where the poll is carrying on. Such appointment, however, not being made under the positive If it contiuue to the 15th day, then it shall be finally closed at or before three o'clock on the same day. So that if the poll be continued to the 15th day, it must commence at eight in the morning, to make the seven hours allowed by the statute. The Middlesex petition stated, that application was legally made to the sheriff to keep open the poll each day longer than the seven hours, and with which he refused to comply. But quere, if he may not use his discretion, and keep the poll open beyond the seven hours prescribed by the act, though he cannot legally close it before that time without proclamation or consent of the candidates. See 25 G. 3. c. 84. s. 1. 2 Peck. p. 339 & 367-8. Definition of poll, &c. provision of any statute, there are no particular regulations Sect. 2. respecting it. It may be observed, however, that although there is no act which expressly authorizes such a measure, it is nevertheless distinctly recognized, both in the statute 7 and 8 W. 3. c. 25. s. 3. the 18 G. 2. c. 18. s. 7. and 9. and of 19 G. 2. c. 28. It should seem that the sheriff will be civilly answerable for the conduct of such persons appointed to act on his part; but that he cannot be made criminally answerable for any step which they shall take, unless it be brought home to him by agency. In the Middlesex case, 1804, it was proposed, on the 2 Peck, 33. part of the petitioners, to give evidence of the declaration made by the under-sheriff at the hustings, while voters (who were wrongfully admitted to poll) were tendering their votes, and taking the freeholder's oath, in order to support the charge of partiality against the sheriff, the sheriff not being present at such declarations, nor any proof given of the agency of the under-sheriff. The evidence was rejected. 2. As to appointing poll clerks : By the statute 7 and 8 W. 3. c. 25. s. 3. when a poll is On demand of poll, required, the sheriff, or such as he shall depute, is, for the poll clerks more due and orderly proceeding therein, in their discre- to be appointed. tion, to appoint a sufficient number of clerks for taking the poll; and such clerks are to take the poll in the presence of such sheriff, his under-sheriff, or deputy. The statute 18 G. 2. c. 18. by s. 7. after directing the erection of booths or polling places, not exceeding a certain number, upon request, as before stated, (part 1. chap. 1.) commands the sheriff, under-sheriff, or such person as One or more such clerks to be appoint ed for each booth. Sect. 2. Poll clerks to be sworn he shall depute, to appoint a proper clerk or clerks at each, to take the poll. The poll clerks thus appointed, are to be sworn by the Appendix, sheriff, or under-sheriff, according to the stat. 7 and 8 W. 3. c. 25. s. 3. p. xxii. No. XV. How to be paid. Duty of poll clerks. See stat. 7 & 8 W. 3. c. 25. s. 3. By the stat. 18 G. 2. c. 18. s. 7, these clerks are to be at the expence of the candidates, and to be paid not exceeding one guinea a day each clerk. The duty of poll clerks is to set down, 1st, the name of each freeholder; 2d, the place of his abode; 3d, the nature of his freehold, in whose occupation, and where situated; 4th, if the vote consists in rent, the names of the owners or possessors of the lands or tenements out of which such rent issues, or some or one of them, and where such lands or tenements are situated; 5th, the candidates for whom he shall poll; 6th, to enter jurat or affirmat, against the name of every voter who shall be tendered and take the freeholders oath; 7th, if no com23. s. 5. 8. missioners for administering oaths be appointed, he may also swear the freeholders. 10 Ann, c. 18 G. 2. c. 18. s. 1. 3. Of appointing inspectors of the poll, and cheque clerks; and of their duty respectively: In order to ensure the accuracy of the poll, and for the satisfaction and security of the interests of candidates, the law allows that each candidate should have one inspector; and also that he should have one cheque book,* kept for every poll book. This depends upon the stat. 7 and 8 W. 3. c. 25, and the stat. 18 G. 2. c. 18. s. 9. respectively. * In the event of the loss or destruction of the poll book, the cheque books would be resorted to. Middlesex, 8th December, 1768. 32 Journ. 95. The former of these statutes, by s. 3, directs that the sheriff, or in his absence his under-sheriff, shall appoint for each candidate one person, to be nominated by such candidate, to be inspectors of the clerks appointed to take the poll. Their duty is to observe that the poll book is accurately kept. The latter statute, by s. 9, directs the sheriff, or in his absence, the under-sheriff, or such as he shall depute, to allow a cheque book for every poll book, for each candidate, to be kept by the respective inspectors at every place where the poll for such election shall be taken or carried on. These books are kept by clerks appointed by the respective candidates, to check the votes as they are received or tendered at the poll. administer giance, supremacy, Of appointing Commissioners for administering Oaths. There are two statutes in the present reign which re- Appoint 2 cognize the appointment of commissioners, the first of persons to these, viz. the 34 G. 3. enacts, that when a poll is de- oath of allemanded, the returning officer shall, at the request, in writing, of any candidate, under his hand, appoint two or more persons to administer the oaths of allegiance, supremacy, declaration of fidelity, the oath of abjuration, and the affirmation and declaration of the effect thereof; and to certify the names of such voters who have done so. The commissioners to be sworn, (see the form of the oath in the Appendix, p. xxxiv.) which oath the returning officer may administer. &c. 34 G. 3. c.73. . 2. s. certificate Voter to apply to the commissioners before voting, and Voter must have a certificate of his so swearing or affirming; (the produce a form of the certificate in the Appendix, p. xxxiv.) on from comproducing the certificate, the voter may vote. missioners. Voters offering to vote without producing the certificate, Same stat. S. 3. Sect. 2. Ibid, s. 4. Places to for commis are to sit 8 hours every are to retire, and take the oaths before the commissioners. If the original number of commissioners be not sufficient, the returning officer may appoint more, at the request in writing, of any candidate then present. The returning officer to provide places for the commisbe provided sioners, to be open eight hours every day, between eight sioners, who in the morning and eight in the evening, till the close of the poll; and to provide a number of printed forms of declaration of fidelity and certificates. The oaths to be administered to as many of the electors, being ready and desirous to take the same, as can conveniently take them together, but not to exceed twelve at one time. day. Vid. ante p. 22. Candidates to pay the necessary Booths for Commissioners. The returning officer, if notice in writing be given him three days before the election, shall provide booths, &c. for the commissioners. In case there are not proper places sufficient for the commissioners at the town or place, the sheriff must erect expences of booths, &c. and charge the expences on the candidates, booths, &c. Ibid, s. 6. Sheriff to appoint commis sioners to administer oaths and affirmations. 42 G. 3. c. 62. s. 1. and allow a compensation of a guinea a day to the commissioners; to which booths or places so appointed, the electors are to have free access without interrupting the poll, and the commissioners to be enabled to act separately, without interfering with each other. The second statute on this head, viz 42 G. 3. also enacts, that when a poll is demanded, and the sheriff required, in writing, by any candidate, he shall, immediately after such request, appoint commissioners for administering the oaths, who are empowered and required to administer all the oaths (except the bribery oath, vid. post, p. 113,) and take the declarations and affirmations now required by |