s. 2. The electors, before voting, shall apply to any one of 34 G.S. c.73. the persons so appointed as aforesaid, who shall ad- Electors, minister such oaths and affirmations (except against before voting, to apply to bribery, 43 G. III. c. 74.), and deliver a certificate such persons. thereof, and such electors on producing such certificate shall be permitted to poll. s. 3. electors for Persons offering to vote without producing a certificate, and being lawfully required so to do, shall withdraw and take the oaths or make the affirmations (against bribery excepted) before one of the persons so appointed. The requisition to an elector to take the oath or af- Requisition to firmation of qualification (except in London) must be by a candidate or person having a right to vote at such election; of allegiance and supremacy (except in London) by a candidate; of abjuration (except in London) by a candidate or person present at the election, and against bribery by a candidate or two electors. All the oaths or affirmations may be administered by the returning officer, or his deputy, or poll clerk, where no commissioner is appointed; but it appears that after the appointment of a commissioner, the oaths or affirmations, except that against bribery, should be administered only by him. 1 Peck. 428. et seq. taking oaths. The oath or affirmation against bribery shall be taken 43 G.3.c.74. immediately before any elector polls, if demanded by a candidate or two electors. Bribery oaths, see p.30. In London it is provided that the liverymen shall 11 G. 1. c. 18. s.1. take the qualification oath therein stated, and it is de- London. clared that the votes of those who refuse or neglect to Oath, see p. 47. take this oath shall be rejected and disallowed. And the liverymen shall also take the oaths of allegiance, and supremacy, and abjuration, (if required by a candidate or two electors.) At elections for knights of shires the qualification oath therein stated shall be taken. s. 2. 18 G.2.c. 18. s. 1. Knights of shires. Qualification oath, vid.p.44. 19 G. 2. c. 28. At elections for cities and towns being counties, the qualification oath therein stated, as far as respects freeholders, shall be taken. towns, being 25 G. 3. c. 84. 8. 5. In elections for places where no oath or affirmation of Cities, towns, qualification other than against bribery or of allegiance, aud boroughs. supremacy, and abjuration can be required; every person claiming to vote (if required by a candidate or person having a right to vote at such election) shall take the oath or affirmation therein stated. Qualification oath, p.46. Vid. Ayles This extends to cities and towns being counties, as far as respects all bury, Coven except freeholders, and all other places except Aylesbury, Coventry, try, Cricklade, Electors Cricklade, London, New Shoreham, and Norwich. If an elector when lawfully required, will not take the oaths, his vote should be refused, but it seems by the Gloucestershire case in 1777, if the elector first refuse the bribery oath and afterwards tender himself to refusing to take take it, his vote ought not to be refused; the committee in that case the oath. having resolved nem con, "That the voter might be permitted to take the oath, and vote at any time during the poll. H. C. 445. If the voter do not understand the oaths in English, they ought to be administered to him in such language as he does understand, H. C. 446. No oaths but those expressly required by law should be administered to electors, and though the administra tion of illegal oaths will not render the election void, yet it has been declared by the house of commons to be illegal, and a misdemeanour on the part of the returning officer. Glanv. 109. H. C. 475. 9 Journ. 684. On the other hand, a refusal by the returning or other officer when duly required to administer the oaths prescribed by any act of Parliament, will be punished by the house 16 Journ. 49. of commons, In the Westminster case, 16th Dec. 1708, the house resolved that the high bailiff," in defiance of the law, arbitrarily and illegally refused to tender the oath of abjuration when required, and thereby he was guilty of a high crime and misdemeanour," and it was ordered that he be committed to Newgate. s. 8. In elections for knights of shires, no officer appointed 18 G,2, c. 18. to take the poll shall admit any person to vote for any Knights of estate sworn to be lying at some place which is not men- shires. tioned in the list made out for such booth, unless such Electors to vote at proper estate be in some place not mentioned in any of the booths. lists. When a freeholder, however, has voted in a booth for a freehold not lying in the district, contained in the list of that booth, and the poll clerk has taken his vote, the committee on an election petition would not set ít aside. 2 Peck. 59. 2 Lud. 414 to 422. In all elections if an elector should give his vote, it is effectual though the officer should not write it down, and on a poll it must be a good vote, and must be allowed. H. C. 512.; but in elections for knights of shires the vote will not be allowed, if tendered at a wrong booth, and not taken down. 2 Lud. 420. It was formerly a question whether the electors might vote at the same election for two candidates at different times one after the other. Lord Glenbervie was of opinion that they might, and that opinion was founded in some degree on the words of the oath in the Norwich Vid. p. 51. act. 1 Doug. 287. Mr. Sergeant Heywood, however, is clearly of opinion that they cannot. H. C. 426. et seq.; and the resolution of the committee (15 Journ. 135) appears to be decisive on this subject. which repeals 2 G. 2. c. 24. relates to any Such votes shall be deemed to be legal as shall have 28 G. 3. c. 52. been so declared by the last determination of the house s. 31., of commons. Where there is a question as to the validity of the 8.1. so far as vote, it is usual for the returning officer, with the consent determination subsequent to of the candidates, to receive it subject to a further con- that act. sideration, when he may admit or reject it. After the voter had taken the oath, it appears from the old cases, (H. C. 472 to 500,) that the returning officer could not reject his suffrage, and though the act of 7 & 8 W. III. c. 25. s. 7. declaring that one single voice should be admitted for one tenement- the 3 G. III. c. 24. s. 7. C 11 G. 1. c. 18. requiring the clerk of the peace to attend with the cer- In case, however, the sheriff should wrongfully reject a vote which has been regularly tendered, and there should be a petition against the election, such vote will not be lost, but will be added to the poll. The decision on the queried votes should be properly made in the evening of each day after the adjournment of the poll. In the Middlesex case 1805, it was a question whether objected votes which the officer had reserved for consideration, could be put on the poll after three o'clock on the fifteenth day. The committee determined that Mr. Mainwaring was not duly elected, and that Sir F. Burdett, who had the minority at three o'clock on the fifteenth day, but would have had the majority if the votes which had been tendered had been examined and admitted, was duly elected. 2 Peck. 370. H. C. 613. After the election is finished, the poll books are the most authentic evidence of the vote, and therefore in case of any mistake, it ought to be pointed out to the sheriff immediately, or at least before the numbers are declared. H.C. 512. There is no provision, except in London, for the safe custody of the poll books, during the election. In London the presiding officer is required, upon adLondon poll journing the poll on each day, to seal them up with the S. 4. books. seals and in the presence of the candidates desiring it, and the poll books shall not be opened again but at the time and meeting upon such adjournment. When all the electors present have polled, the return- Close of the ing officer may make three proclamations that the poll poll. will be closed at such an hour, and if none should vote in the interval, the poll may be closed at that time; but if a single vote should be given the proclamation must Form of probe repeated again, until the time has elapsed and no voter has appeared. The poll, however, is often closed with the consent of the candidates. 1 Lud. 351, 352. If, however, the election should continue till the fif teenth day in any place except London, and in London till the seventh, the poll must be closed at three o'clock P. M. of that day. clamation, vid. p. 47. s. 1. Returning The returning officer shall immediately, or on the day 25 G.3. c.84. next after the final close of the poll, (except in London,) publicly declare the names of the persons having a officer to demajority, and shall forthwith make a return of them, unless he, on a scrutiny, being demanded by a candidate or two electors, shall deem it necessary to grant the same. clare the names of the persons having the majority. After a proclamation of the majority, the returning officer must not 17 Journ.73. proceed to a scrutiny, without an adjournment. The granting of a scrutiny is altogether at his discretion, except in London. If no scrutiny shall be granted, Return of writ The sheriff or other officer having the execution or 10 & 11 W.3. return of a writ, shall, before the day on which any c.7.s.1. future parliament shall be called, and within fourteen in case of no days after the election, return the writ to the clerk of the scrutiny. crown in chancery to be filed, and shall pay four shillings for a knight of the shire, and two shillings for a citizen or burgess, or baron of the cinque ports. This act extends only to returns to writs, and there is no provision limiting the time, within which returns to precepts are to be made, where there is either no poll or no scrutiny. It should however be made on the same day, or the day after. |