But if a contested election takes place unexpectedly, or the sheriff has not been desired to erect booths, he cannot do it at the expense of the candidates, and must take the poll in some open place, as is mentioned in the 7 & 8 W. III. c. 25. s. 3.-H. C. 400. York and The sheriffs of the counties of York and Chester 10 Ann. c. 23. shall appoint seven places for taking the poll at elections ss.6, 7. for the said counties, at the costs and charges of the Chester pollcandidates. This may be done without request. booths. There is no general provision by any statute as to Cities and erecting booths for taking the poll for cities or towns boroughs. being counties of themselves, except Coventry or in boroughs. s. 14. At elections for Coventry, the officer shall cause the 21 G.3. c.54. booth for holding the election to be erected in the widest Coventry and most convenient part of the market-place, called poll-booths. Cross Cheaping, not contiguous to any other building. vid. act. By 51 G. 3. c. 126, upon every election for West- Westminster minster, a booth for carrying on the election shall be act expired. erected, and poll clerks appointed and a cheque book for every poll book allowed at the expense of the candidates. This act, which was to continue in force till the 1st Aug. 1813, was extended by 53 G. 3. c. 152, but expired on the 1st January, 1819. .29. s. 6. The returning officer shall, on notice in writing three 34 G. 3. c. 73. days before the election by any candidate, provide places Oaths. Booths for administering the oaths, declarations, and affirmations, for administhe expense of which, and of the persons who are to ad- tering. minister the same at a guinea a day each, shall be borne by the candidates. In all elections of peers for Scotland or members of Par- 8 G. 2. c. 30. liament, the secretary of war, or person officiating in his s. 1. Military to be place, shall order the removal of the military one day at removed by least before the day of election, to two miles at least out order of the Secretary of of the place of election, and that they shall not approach war. nearer until one day after the closing of the poll. 8 G. 2. c. 30. ss. 3, 4. Exceptions to particular places or officers or as It shall not extend to Westminster or Southwark, in respect of the royal guards or any place where any of the royal family shall be, or any fortified place where any garrison is usually kept, or to any officer or soldier soldiers voters. having a right to votë at such elections. s. 4. 8. 2. Secretary of war neglecting shall be dis charged from his office. s. 5. Secretary of war. 3 G. 3. c. 24. 8. 7. Counties. Officer's at If the secretary of war or any such other person shall not send such orders, and shall be convicted of such neglect at the next assizes, or on an information in the king's bench, within six months after the offence, he shall be discharged from his office, and be for ever incapable of holding any office civil or military, in his Majesty's service. The secretary of war or such other person shall not be liable to any forfeiture for not sending such order upon an election on a vacancy, unless notice of the writ be given to him by the clerk of the crown or other officer making out such writ. At elections for counties, the clerk of the peace, town clerk, or other officer for such county, shall, on notice and at the request of any candidate, attend with the books of tendance with entries of the certificates and memorials of annuities and rent charges, having reasonable satisfaction made to chim. books of annuities and rent charges. s. 8. 20 G. 3. c. 17. 8. 14. Knights of shires or Such officer shall for every offence against that act, forfeit 100%. to the person suing for it. (within twelve months. s. 9.) At elections for knights of shires, the clerk of the peace of every county in whose office duplicates of the land tax should be filed, shall, on notice at the request of any candidate, or agent of a candidate, attend with the tendance with original duplicates receiving two guineas a day for his duplicates of land tax. attendance, and one shilling and sixpence a mile for counties' 'officer's at expenses. From the title of this act being general, it may be argued that it extends to elections for cities and towns being counties, as well as to elections for knights of shires. There is no other provision on the subject. Attendance at After issuing any writ for the election of knights of 20 G. 3. c. 17. shires, the clerk of the peace or deputy, shall attend. 15. gratis, from nine to three each day at the place where office. the records shall be kept from the delivery of such notice Copies. to the day immediately preceding the day of election, for the purpose of receiving applications for the inspection of such duplicates, and making copies of such parts of them as he shall be requested. s. 16. to be delivered s. 13. If the clerk of the peace or deputy shall not permit such duplicates or any of them to be inspected by any person requesting the same, or shall not deliver the The copies are copies within the time before mentioned, or shall not on demand. attend at the place where the records are kept or at any county election, he shall for every such offence forfeit 500. to the party aggrieved, provided such action be brought within two months, or to any other person suing for it within twelve months, (s. 19.) and on conviction, such clerk of the peace shall lose his office, and be incapable of holding such office for any county what ever. books of free men. The officer of any corporation having the custody of 3 G. 3. c. 15. the records of the same, shall, on the demand of a candi- %4: Cities, towns, date, agent, or two freemen, permit such persons, between and boroughs, nine and three, at any time before and within one month after any election, to inspect the books of admission of freemen, and have copies thereof, and such books shall, if demanded by such persons, be produced by such officer at every election, and be referred to in case any dispute should arise touching the right of any person to vote thereat, and if such officer shall refuse such inspection, or to produce the books if demanded, he shall for every such offence forfeit 1007. to any person suing for it within a year. The entries of admission of freemen or burgesses, 12 G. 3. c. 21. upon demand by two such persons, may be inspected, s. 2. and copies taken at any time whatsoever, between nine 7 H. 4. c. 15. This act only and three, and the officer on refusal shall forfeit 100l. to any person suing for it within a year. On the day of election the sheriff is to make procla applies to elec- mation of the day and place of the parliament. tions for knights of This is usually done by making proclamation for silence, and, in the shires; but the case of counties, and cities and towns, being counties by reading the proclamation writ, and in the case of other places by reading the precept. must be made before all elections. 23 H. 6. 2 G. 2. c. 24. s. 3. Ret. officer. Bribery oath. Vid. p. 31. Vid. p. 29. s. 9. 3 G. 3. c. 15. p. 34. s. 8. London and Norwich ex- Shoreham, 9 A. c. 5. ss. 5. 6. Candidate's qualification oath, p. 37. The sheriff shall commence the election for knights of shires between eight and eleven in the morning. The time for commencing the election for other places is not regulated by statute. Immediately after reading the writ or precept, the returning officer shall take the oath against bribery, to be administered by a justice of the peace, or in the absence of a justice of the peace, by three of the electors, and which oath so taken, shall be entered among the records of the sessions of such place. The act of the 2 G. 2. c. 24, is now to be read. The bribery oath is required to be taken, and the act against bribery is required to be read, both immediately after the reading of the writ or precept. In cities and towns being counties and boroughs, where the right of voting is in the whole or in part in freemen, this act is to be read immediately after the act against bribery. This act does not extend to London or Norwich. At New Shoreham the 11 G. 3. c. 55, at Cricklade the 22 G. 3. c. 31, and at Aylesbury the 44 G. 3. c. 60, is read immediately after the act against occasional freemen. The returning officer is now to call upon the electors to name the candidates. After nomination each candidate shall, upon request to him to be made at the time of such election, or before the day of the meeting of parliament, by another candidate or by two persons having a right to vote at such election, take the qualification oath (i. e. oath of possessing an estate in land freehold or copyhold, at least for life, of 6007. a-year for a knight of the shire, and 3007. a-year for any other place). By 41 G.3. c. 101. s. 23., and 59 G. 3. c. 37, the estate may be in England, Wales, town of Berwick-upon-Tweed, Scotland, or Ireland. 238. It does not extend to the eldest son or heir apparent 9 A. c. 5. s. 2. of a peer or lord of Parliament, or of a person qualified Corb. & Dan. to serve as knight of the shire; or of a Scotch peer; or 2 Hats. 62. n. of a peeress or bishop; or to either of the English uni- 9A. c. 5. s. 3. versities; or to the college of the Holy Trinity, Dublin. s. 23. The committee of elections in the case of Malden also decided that the candidate might take the qualification oath, either at the election or at any time before the meeting of Parliament. 18 Journ. 129. H. C. 550. Corb. and Dan. 12. note. 41 G.3. c. 101. The oath shall be administered by the officer who is to 9 A. c. 5. s.7. take the poll or make the return, or by two justices of the Oath, administration of, pepeace, and the said persons administering the oath shall nalty 1001. certify the taking thereof into chancery, or the king's bench, within three months. No fees to be taken except one shilling for such oath, two shillings for the certificate, and two shillings for receiving and filing the same. If notice be publicly given of the disability of a candidate afterwards, returned, either before the election comes on, or a majority has polled, the election will be avoided on a petition, and the unsuccessful candidate next to him on the poll must ultimately be the sitting member. H.C.535. If there shall be no more candidates than legal representatives, then they are to be returned. It was stated in the case of Nottingham, 1802-3, "that there was no authority to say that a candidate may not be proposed at any time before the return is made." 1 Peck. 83. In Mr. Burke's case also at Bristol, in 1774, the election was commenced on the seventh, and he was first named a candidate on the eighth of October; but the committee decided that he was eligible. 1 Doug. 243, s. 8: Penalty 201 |