Sect. 1. CHAP. III. PROCEEDINGS AT AN ELECTION FOR A BOROUGH OR TOWN. Vid. ante, P. 80. Vid. Appen. To the returning officer of a borough or town, no writ issues; but the sheriff of the county, on the receipt of p. viii. writ. the writ, is directed forthwith to make out a precept to each borough and town within his jurisdiction. SECT. 1. Reading the Precept and Statute. ANY elections, or voices given, before the precept be. 4 Inst. 49. read and published, are void and of no force; for the same voters, after the precept read and published, may make a new election, and alter their voices secundum legem et consuetudinem parliamenti. Acts to be ticular All officers having the execution of any precept, shall, immediately after reading it, read the act against bribery. Where the right of election is in the whole, or in part in freemen, this act (3 G. 3. c. 15. s. 7.) shall be read immediately after the bribery act. At New Shoreham, Cricklade, and Aylesbury, there read at par- are also particular acts of parliament, besides those above-mentioned, which are directed to be read before proceeding to election, viz. places. At New Shoreham.-The stat. 11 G. 3. c. 55, in con- Sect. 1. formity to s. 6 of the act. At Cricklade. The stat. 22 G. 3. c. 31, in conformity to s. 6 of the act. At Aylesbury. The stat. 44 Geo. 3. c. 60, in conformity to s. 5 of the act. Oaths to returning Officers. 2 G. 2. c. 24. extends to boroughs and towns Returning officer having execution of precept must take the same oath as sheriffs, by 2 G. 2. c. 24, and in this respect all things applicable to counties are equally the same as applicable to cities and towns being counties, and bo- counties, roughs and towns not counties of themselves. Who is a candidate, same point as in counties. vid. ante, See counties, p. 33. 3. 3. tion, 3001. per annum. Candidate for a city, borough, or cinque port, must Qualificabe seised of, or entitled to an estate, freehold or copyhold, for life, or some greater estate in England, Wales, or Berwick upon Tweed, of £.300 per annum above reprizes. * 9 Ann. c. 5. $.7. counties, if He must take the oath, mutatis mutandis, prescribed Oath as in by the statute, and the exception in the acts are the same required, as in counties. vid. ante, p. 111. A candidate may be proposed at any time during the Sim. 52. election. Personal disqualifications, same as in counties. * If a candidate be clearly ineligible and notice is given, and sufficient proof shewn to the electors of such candidate's ineligibility, the voices given to him are thrown away, and the next candidate on the poll, with the greatest number of votes, duly elected. Sim. 45. aute p. 55. See coun ties, ante, p. 33. Sect. 2. H. B. 54. 1 Doug. 113. 139. Ibid. Instances of bailiffs or stewards of If the election be not determined by the view, the returning officer, if required, must take the poll ; * and the time at which it must commence and finish, and also the number of hours it must be kept open each day, the same as in counties, vid. ante, p. 105. SECT. 2. Who is to take the Poll. Ir often happens that it is a matter of dispute in a borough, who is to take the poll, i. e. who is the returning officer. Mr. Serjeant Heywood says, returning officers may be classed such as are so by common law, or by charters. Lords and even ladies of manors have been permitted to make returns. † There are instances of this duty being performed by "bailiffs of the district in which the borough is locally lords of bo- situated." By "the stewards of the lords of boroughs.' roughs, &c. By "the bailiff of the lord of the manor in which the borough is situated." By "the bailiff of the lord of the city or borough." By "the sub-bailiffs, where the preH.B. 54-60. cept is directed to the bailiffs." By " the constable," where "the borough remains in the situation of a vill at common law." By "officers called vianders." portreeve." In corpora tions, char By a In corporations this depends greatly upon their charters, which sometimes have described the officers who rally directs should preside at the election of members; at others, ter gene who shall be returning officer. In the Cirencester case, 21st May, 1624, a poll was demanded of the freeholders only; this was considered to be a void demand of the poll. But it was declared, that if it had been demanded of the inhabitants, householders, residents, then if the same had not been granted accordingly, the election had been void. Glanv. 104, 107, 110. + Who are the returning officers at each place respectively, vid. Appendix, No. xlviii. Sect. 2. that right has devolved on the superior corporate officer, without any express appointment, in both cases, Ibid. it is manifest that the charter is the foundation of their claim. If a person acts without right, he is punishable by the H. B. 60. house of commons. Act does not require poll, though copies must Sim. 160. a written There is no statute requiring a written poll in bo- Taking the roughs, towns, or cities not 'being counties; though in poll. the statute (7 and 8 W. 3. c. 25. s. 6.) the returning officer, under the penalty of £.500, is required to give copies of the poll taken at the election. But in so penal a case (as Mr. Luders observes,) this would probably be confined to copies when the poll was taken in writing. Perhaps, however, usage may have established the rule. Of the Appointment of Deputies, Poll Clerks, Cheque Clerks, &c. The returning officer may appoint an assistant or deputy, as well as poll clerks, cheque clerks, and inspectors; but as the 18 G. 2. c. 18. does not extend to cities and towns, he cannot charge the candidates with the expence. Vid. per Lord Ellenborough, in Morris v. Burdett, 1st case, Appendix, p. 54. be given. Lud. 319. So also in every city, borough, or other place, every Oath in person retained as poll-clerk, shall be sworn before the Appendix, poll begins. For further as to the appointment of poll-clerks, &c. vid. ante, p. 105. There is no authorized cheque upon the poll-book in elections of the above description, except in Westminster, by the 51 G. 3. c. 126. At elections for Norwich there is also a recognition of such appointment by the stat. 3 G. 2. c. 18. p. xxiii. 25 G. 3. Sect. 2. The high bailiff of Westminster in an action, charged Sheriff must the candidate for "twenty-four poll-clerks, at 21 s. and pay poll5s. each;" on this item, Lord Ellenborough said, "So clerks, &c. unless can- the law requires him (the plaintiff) to do whatever is agree to do necessary to making the returns, and if the election cannot take place without the attendance of so many staffmen and poll-clerks, he alone must retain and pay them." didates will So. 1 Camp. Rep. 218, 223. Of Commissioners. Vid. ante, p. 108-9. 43 G. 3. c. 74. s. 1. Appen. p. commissi oners for All regulations as to commissioners for administering oaths, by 34 G. 3. c. 73. and 42 G. 3. c. 62. affect boroughs as well as counties. Oaths to Electors. The bribery oath is to be administered before polling, if required, as directed by 2 G. 2. c. 24. In the first case of Morris v. Burdett, the returning officer, in his action, charged the defendant, as a candidate, "two commissioners for administering the oaths of The regular allegiance," 21 s. and 5s. Lord Ellenborough said “for expences of a share of the expence incurred in administering the oaths to the Roman Catholic electors, the defendant appears to administer be liable, if he shall be considered to have acceded to ing oaths the character of a candidate. But the statute, while it casts this burthen upon the candidates, regulates the amount of compensation to be given to the commissioners; and enacts, that the returning officer shall provide commissioners at a sum not exceeding one guinea per day, for administering such oaths. This item, therefore, must be reduced to that amount." must be paid by candidates. 1 Camp. Rep. 218, 223. Appen. p. 54. As to the oaths to be taken at particular places, vid· ante, p. 186, chap. 2. The oaths may be administered by the returning officer, poll clerks, or commissioners, as in counties, ante, p. 112. |