Sect. 2. to be ap case of a poll demanded, is, in like manner, to appoint a convenient number of clerks, not exceeding twenty-six, pointed, not to take the poll, such clerks being at the expence of the exceeding candidates,* and to be paid not exceeding one guinea a Poll clerks, day each clerk. 26. how to be paid. 25 G. 3. c. 84. s. 7. Erecting booths for commissioners, Vid. ante, p. 109. Of appointing Inspectors. The stat. 19 G. 2. c. 28. s. 6. directs the appointment of inspectors, who are to keep a check book for every poll book, at the place of polling. The respective duties of poll clerks and inspectors, the same as in counties. Vid. ante, 108. And by the stat. 51 G. 3. c. 126. s. 2. the bailiff of Westminster, or in his absence, his deputy, is to allow a check book for every poll book, for each candidate, to be kept by their respective inspectors at the place of polling. Commissioners to administer oaths, and erect booths for the purpose, &c. regulated by 34 G. 3. c. 73. and 42 G. 3. c. 62. which acts extend to elections "for any county, city, borough, or other place.” Of the production of annuity registers and land tax assessments, the same as in counties. Vid. ante, p. 110. Of the administration of Oaths to Electors. There are some oaths required to be taken by electors in counties which the act does not require to be done in cities and towns. But before entering thereon, it may be proper to observe, that here, as well as in counties, no other oath than what is by law expressly required, ought, under any circumstances, to be administered. Except in the city of Westminster, the law does not cast the expence of poll clerks upon the candidates, as the 18 G. 2. c. 18. does not extend to cities and towns. Vid. per Lord Ellenborough, in the first case of Morris v. Burdett, Appendix, p. li, lxi. .Bristol, 20th December, and 8th January, 1680. It being reported to the house, that the mayor and sheriffs at the election, imposed an oath upon the electors, before they came to give their voices, in these words, "You shall swear that you are a freeman, and that you have not given your voice already;" they were ordered to be sent for, in custody, to answer at the bar of the house, for the misdemeanors by them committed at such election.* It is also further to be observed, that the persons, whom the law appoints to administer oaths, are bound to perform that office, and that any refusal so to do, will be resented and punished by the house of commons.+ · Westminster, 16th December, 1708. It appeared that the high bailiff refused to administer the oath of abjuration. The house resolved, that he had," in defiance of the law, arbitrarily and illegally refused to tender the oath of abjuration, when required so to do, and thereby that he was guilty of a high crime and misdemeanor." Ordered, that he should be committed to Newgate. Of the oaths which are general, and may therefore be required of all electors, as likewise by whom the above should be administered, see under counties, ante, p. 112. In this case, information was afterwards given to the house, that the above persons had absconded, and that therefore the above order of the house could not be put in execution against them: it was thereupon ordered, that an humble application should be made to his majesty, to issue out his proclamation for the apprehending them, in case they should not render themselves to the serjeant, by a certain day therein to be limited; but any further proceedings were prevented by a prorogation and dissolution. 9 Jour. 702, 703. + Cardiganshire, 18th January, 1709. There was some evidence that the sheriff, when required to administer the abjuration oath, had said, that he knew no law that enjoined him so to do; and that when the act of parliament was shewn to him, he said, he would consider of it. But this seems to have been confined to one instance. The house came to no resolution upon the sheriff's conduct in this particular. 16 Journ. 267, 268. Sect. 2. At places in England, being conn ties: oath or affirmation for per sons de manding to vote in re spect of 40s. per ann. With respect to electors demanding to vote at elections for places, being counties, in respect of freeholds of 40s. a year :- -The stat. 19 G. 2. c. 28. s. 1. reciting that of the 18 G. 2. c. 18. and the expediency of making the like provisions for the due election of members for such cities and towns in England as are counties of themselves, and in which persons have a right to vote, in respect of freehold lands, tenements, or hereditaments of the yearly freeholds of value of 40s. enacts, that every person demanding to vote to be taken, at such election in respect of any freehold estate of 40s. a by a candi- year, shall, if required by the candidates, or any of them, or any person having a right to vote at such election, first take the oath,* (or, if a quaker, the affirmation,) in that act; the sheriff or sheriffs, under-sheriff or undersheriffs, sworn clerk or clerks, appointed for taking the poll, being required to administer the same. If commissioners be appointed, this oath may be administered by Ante, p.110 them. The same clause imposes the penalties of perjury, and subornation of perjury, as in the case of the other freeholders oath. if required, date or an nistered. Electors at elections, other than of shires, or being counties, or where par With respect to electors at places where none other than the bribery oath, the oaths of allegiance, supremacy, for knights and abjuration, were before appointed :-The stat. 25 G. of members 3. c. 84. which applies to all electors, except those of the for places two descriptions just mentioned, and those at some few places about to be enumerated, where the law has appointed particular oaths, contemplating, that although a positive oath of qualification cannot be required from such electors, yet that unqualified persons may be deterred from polling by the requisition of the oath therein, enacts, that upon any election in England, Wales, or Berwick upon Tweed, in all cases where none other than the general oaths before mentioned, could by law be reBy whom to quired, every person claiming to give his vote, shall, if ticular oaths are given, may be required by a candi date or elector to take the oath or affirmation herein. be adminis tered. * It was decided in the Harwich case, 1803, that the voter might, if he pleased, insert in the oath more places of residence than one. Vid 1 Peck' 390, 392. Roe, 650. required by any candidate, or any person having a right to vote at such election, take the oath, or, if a quaker, make the affirmation therein, which the returning officer or officers, their deputies and poll clerks, are empowered to administer; as are also the commissioners under the statutes before mentioned. By s. 8. persons falsely swearing, or affirming, or suborning others so to do, are made liable to the penalties of perjury and subornation of perjury. As to the oaths required of electors at particular places: The acts which regulate the elections at the following places, have enacted, that particular oaths should be taken at such elections respectively. In some cases they are positively required to be taken; in others, only if required. Sect. 2. Roe 649. Vid. oath, appen. p. xxxiii. London:-The stat. 11 G. 1. c. 18, s. 1, 2, 3. requires London. a particular oath to be taken by every elector, also the abjuration oath, if required. Norwich:-The stat, 3 G. 2. c. 8. requires the oath Norwich. therein to be taken by every elector. New Shoreham:-The stat. 11 G. 3. c. 55. s. 4. gives New Shorean oath to be taken by every freehold, if required, as ham. therein. Coventry: The stat. 21 G. 3. c. 54. s. 7. gives an Coventry. oath to be taken by electors, if required. Cricklade:-The stat. 22 G. 3. c. 31. s. 4. gives an Cricklade. oath to be taken by freeholders, if required, as therein. Aylesbury: The stat. 44 G. 3. c. 60. s. 3. gives an Aylesbury. oath to be taken by freeholders, if required. Sect. 3. Vid. ante, appen. xxxi. Vid. oath, appendix, xxxiii. H. B. 390. See ante, chap. 1. These acts respectively direct by whom the oaths are in each case to be administered, and make it perjury to swear falsely. SECT. 3. Of Riots at the Poll. THE same as in counties. Vid. ante, p. 114, sect. 3. SECT. 4. Of Electors. THE right of election in cities and towns, being counties of themselves, varies considerably; where the right of voting is in the forty shilling freeholders, the same description will be required of the voters as in counties, except as to the time of assessment. Vid. ante, p. 127 & 8. Where the right of election is not in the freeholders, the name, the addition, the profession or trade, the place of abode of the voter, for whom he votes, and that he has not voted before, is all that can be demanded of him at the poll. Voters Freeholders. With regard to the tenure by which the voters hold their respective estates, and the interest they have in them, they differ not from the voters for counties. It does not seem that any distinction was made between freeholders voting for cities and boroughs, not being H. B. 391. counties, and for cities and boroughs, being counties of themselves, till 13 G. 2. c. 20.; whereby the first and second sections of the act of the 10 Anne, c. 23. and the whole of the 12 Anne, stat. 1. c. 5. (both of which related only to elections for counties,) were extended to the electors for certain cities and towns, being counties of themselves. |