Sect. 6. Jour. 17. cannot do it after a proclamation of the majority, with- For election by scrutiny, see chap. 1. part 3, post. With respect to the county of Southampton, the poll at Winchester is to be closed within 15 days at most, and the adjourned poll at Newport, is to continue not longer than 3 days at most, and is to commence within 4 days from the close of the poll at Winchester. This adjournment of the poll from Winchester, to Newport, in the Isle of Wight, is permitted under the stat. 7 and 8 W. 3. c. 25. s. 10; which adjournment is thereby directed to be after every person present at the former place, is polled. County of Southampjourned poll 3 days. ton ad to finish in 25 G. 3. c. 84. s. 16. Sargent v. and Cullen v. Morris, The returning officer is responsible to the electors for Appx. p.71. the due execution of his duty, and will be liable to an action at common law, for improperly rejecting a vote. This right of the electors, though long disputed, is now Appendix clearly established by the case of Ashby v. White. But Ixxvii. the plaintiff must prove malice as a ground for his action. CHAP. II. PROCEEDINGS AT AN ELECTION FOR A CITY OR IN cities and boroughs there is no particular hour of the Sect. 1. Reading writ. See counties, s. 1. p. 100. Oath to sheriff. See counties, 3. 1. Vid. s. 3. Vid. counties, ante. 9 Aun, c. 5. s. 1. Oath of candidates. 9 Ann, c. 5. 3. 5. Sim. 52. ante p. 100. SECT. 1. Reading the Writ and Statute. THE writ must be read, and the bribery act, here, as well as in counties; for the words of the act are, "by every officer to whom the execution of any writ or precept belongs." Every person being returning officer of any member or members to serve in parliament, must take the oath prescribed by 2 G. 2. c. 24; and the proceedings herein are the same as in counties. The candidates (if any) are next proposed, and the election proceeds in the same manner as in counties, and may be determined either by the view, the poll, or the scrutiny. Who are candidates, and when nominated, same as in counties. Every candidate must have an estate of the annual value of £. 300 above reprizes, for every citizen, burgess, or baron of the Cinque Ports. The candidates in cities and towns being counties, must take the oaths of qualification, if required by one candidate, or two electors, and for all other points, the same as in counties. Personal disqualifications of candidates are the same as in counties. See counties. old ⚫ In the Bristol case it was settled, and upon very authorities, that a person is eligible, though he does not stand until a second or subsequent day of the poll. SECT. 2. Taking the Poll. South Sect. 2. Glanv. 7. If the election be not determined by the view, and a 1 Jour. 724. poll be demanded, the returning officer must grant it, and if he refuse so to do, the election is void. wark case, 2d March, 1623. See also before, under counties. 80. But if there is no contest, nor more candidates than 1 Peck. 77. are required to be chosen, they must be declared to be duly elected, and returned forthwith. Any unnecessary delay in the returning officer in opening a poll under such circumstances, may be censured and punished by the house, as was done in the Nottingham case, 24th and 26th Nov. 16th March, and 20th April, 1803. c. 28. In cities, which are counties of themselves, there are 19 G. 2. particular regulations also to be observed at the taking of the poll, which must commence and be continued the same as in counties. Vid. ante ante p. 105. 25 G. 3. The poll to commence on the day demanded, or on the following day, and not to continue for more than 15 days, and to be kept open for seven hours each day, the same as in counties. As to the improper adjourn- 1 Peck. 503ment of the poll before the seven hours had expired, see the resolutions of the house in the Colchester case, 1789, post chap. 3. With respect to elections for London, an enactment had been made, regulating the commencement of the poll by the stat. the 11 G. 1. c. 18. s. 4. which is similar to that above stated in the 25 G. 3. The latter act has an exception by s. 9. which would make it questionable whether the case of any such election is within its operation. 506-7. London, when poll to begin, vid. Roe P. 626. It seems that by the 6th section of 19 G. 2. c. 28. a poll Sim. 160. in writing, is implied by the provision, " to allow a eheque book for every poll book, for each candidate." Sect. 2. Vid. ante, p. 105. At other elections, appointment of poll clerks not direct ed, but re cognized. Of appointing assistants, poll clerks, inspectors, and cheque clerks, and of their respective duties: At elections for cities, there is not, in general, the same necessity for a deputy to the returning officer, as at elections for knights of the shire; but there does not appear to be any legal objection to a returning officer having such assistant, the responsibility (except where the constitution of the place permits a deputy to act independently of his principal) always resting with the principal. Of appointing Poll Clerks. Except in county elections, there are no general statutory provisions for the appointment of poll clerks, (with the exception of those for London and Westminster ;) but the stat. 19 G. 2. c. 28. s. 6. allowing a cheque book for every poll book at places being counties, and that of Roe p. 584. the 25 G. 3. c. 84. s. 7. directing that persons so employed at any elections, shall be sworn, and that statute not confining such requisition to elections of knights of the shire, the law evidently contemplates their being employed at all elections indiscriminately. All poll clerks to be sworn. The clause of the latter act, just alluded to, recites, that it is expedient that all persons employed as poll clerks should take an oath for the faithful discharge of their office, but that the same is not required except in counties and places where there are express provisions by statute, and enacts that at all elections of members of parliament for any county or place in England, Wales, or Berwickupon-Tweed, every person retained by the returning officer, to act in taking the poll, shall, before beginning to take such poll, be sworn by the returning officer acVid. oath, cording to that act; and the act, in so doing, sufficiently Appendix, points out what the law requires them to perform. p. xxiii. An omission or refusal to swear the poll clerks, by the returning officer as directed by the above act, although highly reprehensible in such returning officer will not avoid the election. Sect.2. 1 Peck. 506.507. Refusal to swear poll gal in re clerks ille turning offi cer, but will Colchester, 1789. The mayor refused to swear the poll clerks. Evidence was offered on the part of Mr. Tierney and Mr. Jackson, the petitioners, to shew this, amongst other irregularities, at the election. But the committee directed the chairman to inform the counsel, that they had deliberated on the different matters of the not avoid petition, and the evidence that had appeared before them that they did not consider the omission of any form prescribed by a directory act of the 25th of his late majesty, as sufficient to make the election void. They, however, came to the following, amongst other resolutions, viz. "That the poll clerks, at the late election for a burgess to serve in parliament for the borough of Colchester, were not sworn; and that such omission was contrary to law." election. Poll clerks At elections for London, it had been provided, as far London. back as the stat. 11 G. 1. c. 18. that the presiding officer, to be apin case of a poll demanded by any candidate, or any two pointed. or more electors, should appoint a convenient number of clerks to take the same in the presence of him, such pre siding officer; such clerks being first sworn according Their duty to s. 1. of that statute.* At elections for Westminster, by the stat. 51 G. 3. c. 126. s. 1. the bailiff, or in his absence, his deputy, in the * The substance of the oath is nearly similar to that given in the 25 G. 3. c. 84. s. 7. which it should seem, by s. 9. of that act, would not extend to London. See a recognition of such appointment at elections for Norwich, by the stat. 3 G. 9. c. 8. and oath. Westmin. Upon poll demanded, poll clerks |