Entry of return crown to enter in a book every single and double return by clerk of the which shall come into his office or to his hands, and any crown. Penalty for default. Return of pre cept 6 days before return of writs. 35Geo. 3. c. 29. s. 17. ir. Return of writ before return day. . 18. alterations which shall be made by him or his deputy in every such return; to which book all persons shall have free access at all seasonable times, to search and take copies paying a reasonable fee; and any party prosecuting such writ may give in evidence such book or a copy thereof relating to such false or double return, and shall have the like advantage of such proof as by producing the record itself; and in case the clerk of the crown shall not, within 6 days after any return shall come into his hands, make such entry, or shall make any alteration in any return, unless by order of the house of commons, or give any certificate of any person not returned, or shall wilfully neglect to perform his duty in the premises, he shall forfeit to the party grieved £.500. and lose his office, and be for ever incapable of holding the same. By the 35 Geo. 3. c. 29. s. 17. Ir. in the case of a general election every returning officer, who shall hold an election by virtue of a precept, shall make due return thereof 6 days before the return of the writ by virtue of which said precept shall have issued; and every sheriff who shall receive any writ for the election of a member, &c. shall make due return of such writ to the clerk of the crown on or before the day on which such writ shall be made returnable: And by s. 18, where a writ shall be issued during a sessions or prorogation of parliament, the return shall be made thereof to the clerk of the crown within 40 days after the teste thereof; and if by virtue of such writ the election shall be held by precept, the session or pro- return of such precept shall be made to the sheriff within gation. 30 days after the date thereof; and every sheriff or other Penalty for de. returning officer making default therein, shall forfeit to any person who shall sue for the same, £.100 for each day's default, to be recovered as by s. 75, post. By s. 13, no returning officer shall return more than the number of persons he shall by his writ or precept be required to return; and in case of an equality of votes for any 2 or more candida tes upon the close of the poll, Return of writs and precepts issued during jult. 8. 13. he s. 14. Ir. first sheriff to he shall be obliged to give a casting voice, whether Casting voice, otherwise legally qualified to vote or not, or whether he shall have voted or not at such election; and if any returning officer shall return more than the number of persons he shall be required to return, he shall forfeit Penalty for false return, £.2000 to the person who shall first sue for the same, and be rendered incapable of ever after voting at any election for a member, The 37 Geo. 3. c. 47. s. 14. Ir. 37Geo. 3. c. 47. provides that in counties of towns or cities where two sheriffs preside as returning officers, the sheriff whose In cities, &c. name stands first in the appointment to the office, shall, have casting if he be present, give the casting voice. By the 35 Geo. 3. c. 29. s. 14. Ir. no fee shall be taken by any returning 35Geo. 3. c. 29 officer for the making out, delivery, return, or execution of any writ or precept, and all contracts, promises, Contracts, &c. for making re bonds, and securities, to be made or given to any sheriff turns, void. or returning officer for making a return, or to pay such sheriff, &c. any money by way of gratuity or reward for such return, shall be void; and whoever shall make, give, or accept of such contract, &c. or any gift or reward voice. s. 14. Ir. to procure any false return, shall forfeit a sum equal to Penalty for the value so given, or intended to be given, or accepted, making or a and also £,200 to any person who shall first sue for the sa.e. cepting same. ceeding for pe nalties under the several elec The clauses which provide in a special manner for the Mode of promode of proceeding by action or prosecution under the several statutes, have been reserved for this place. By the 18 Geo. 2. c. 18. s. 13. Eng. it shall be sufficient 186eo. 2. c. 18. s. 15. Eng. for the plaintiff, in any action of debt* given by this act, to set forth in the declaration that the defendant is indebted to him in the sum of t£, and to allege the particular offence for which such action is brought, and that the defendant hath acted contrary to this act, without mentioning the writ of summons to parliament, ELIO THE or the return thereof; and it shall be sufficient in any Form of decla indictment or information for any offence contrary to this ration, &c. act, to allege the particular offence, and that the defen danţ *"Or information" added here in 35 Geo. 3. c. 29. s. 75. Ir. + 500 is inserted in this place by 35 Geo, 3. c. 29. s. 75. Ir. though various penalties are given by this statutem one stance £. 1000, in another, $.2000. s. 75. Ir. issue in any any such ac dant is guilty thereof, without mentioning the writ, &c. summons, or any warrant to the sheriff grounded thereon. 19Geo. 2. c. 28. A similar clause is contained in the 19 Geo. 2. c. 28. s. 9. s 9. Eng. 35 Geo. 3. c. 29, Eng.; and the 35 Geo. 3. c. 29. s. 75. Ir. which enacts that all pecuniary penalties inflicted by this act shall be recovered by action of debt, &c. in any court of record at Dublin, contains also a provision to the same effect. The 31 Geo. 2. c. 14. 31 Geo, 2. c. 14. Eng. contains also a similar clause, (s. 2.) $. 2. Eng. so far as respects the action of debt for the penalty of £.50 inflicted by this act, which penalty is however to 18Geo. 2. c. 18, be specified in the declaration. By the 18 Geo. 2. c. 18. $. 12. Ing. s. 8. Eng. s. 12. Eng. all prosecutions by information or indictment under this act may be either in the court of king's bench, or great sessions in Wales, or at the sessions for Chester, Lancaster, and Durham, or at the assizes for the place where the offence shall be committed; in which no nolle 19Geo. 2. c. 28. prosequi or cesset processus shall be granted. The 19 Geo. 2. c. 28. s. 8. Eng. is to the same effect, but that such prosecutions are thereby directed to be in the king's bench, 23Geo. 3. c. 84. or at the assizes. And by the 25 Geo. 3. c. 84. s. 13. Eng. all prosecutions are directed to be in the king's bench, or at any court of oyer and terminer, great sessions, or gaol delivery, in which no nolle prosequi or cesset processus shall be granted. s. 13. Eng. Costs of proceedings. 18 Geo. 2 c.18. 8. 16. Eng. 19Geo. 2. c. 28. s. 12. Eug. In respect to costs, these several English statutes, 18 Geo. 2. c. 18. s. 16, 19 Geo, 2. c. 28, s. 12, and 31 Geo. 2. c. 14, s. 5, provide that in case the plaintiff or informer in any action, indictment, or information, given by these acts, shall discontinue, or be nonsuited, or judgment be given against him, the defendant shall 85Geo. 3. c. 29. recover treble costs. The 35 Geo. 3. c. 29. s. 76. Ir. contains a corresponding provision. 31 Geo. 2. c.14. 6. 5. Eng. &. 76. Ir. Informer in demnified from Jenalties. By the 2 Geo. 2. c. 24. s. 8. Eng. if any person offending against this act shall, within 12 months after the & Geo 2. c. 24. election, discover and convict any other person offending s. S. Eng. against this act, the person discovering, and not having been before convicted of any offence against this act, shall be indemnified from all penalties and disabilities which he he shall then have so incurred. The clause of the 35 Geo. 3. 35Geo. 3. c. 29. s. 77. Ir. c. 29. Ir. is analogous, which provides (s. 77), that if any person, except a returning officer, clerk of the peace, or treasurer, offending against this act, shall, within 12 calendar months after such offence, discover and convict any other person guilty of a like offence, he shall be indemnified from all penalties and disabilities which he shall have incurred by any such offence. der It is a peculiar provision of the 18 Geo. 2. c. 18. s. 15. Statutes of jeofails extended to Eng. and 19 Geo. 2. c. 28. s. 11. Eng. that all the sta- actions, &c. untutes of jeofails shall extend to all proceedings in action, indictment, or information given by either these acts. any 18 Geo. 2. c.18. of s. 15. Eng. 19Geo. 2. c. 28. s. 11. Eng. actions, &c. un der the several election acts. 2 Geo. 2. c. 24. s. 11. Eng. 9 Geo. 2. c. 38. It remains to state the periods of limitation prescribed Limitations, for by the several election acts, for proceedings to recover penalties, &c.:-The limitation by the 7 & 8 W.3. c. 7. s. 6. Eng. is two years; and so also by the 2 Geo, 2. c. 24. s. 11. s. 6. Eng. Eng. the party must be legally arrested, or served with writ or process within two years; but the 9 Geo. 2. c. 38. Eng. amends the latter act by introducing a saving "that the service of process be not prevented by the person absconding." The limitation is nine calendar months, by 18Geo. 2. c. 18. the 18 Geo. 2. c. 18. s. 14. Eng., and so also by the 19 Geo. 2. c. 28. s. 10. Eng. and 31 Geo. 2. c. 14. s. 3. Eng.; Eng. s 14 Eng. 19Geo. 2. c 28. 31Geo. 2. c. 14. s. 10. Eng. 3 Geo. 3., 15. 25 Geo.3, c.84. s. 15. Eng. One year by the 3 Geo. 3. c. 15. s. 6. Eng.; and by the s. 3. Eng. 25 Geo. 3. c. 84. s. 15. Eng. all actions, &c. must be s. 6. Eng. commenced within one year after the fact, or six months after the conclusion of any proceeding in the house of 3 Geo. 3. c. 24. commons. By the 3 Geo. 3. c. 24. s. 9. Eng. 20 Geo. 3. s. 9. Eng. 20Geo. 3. c. 17. s. 19. Eug. 22 Geo. 3. c. 41. s. 5. Eng. 22Geo. 3. c.45. c. 17. s. 19. Eng. 22 Geo, 3. c. 41. s. 5. Eng. and 22 Geo, 3, c. 45. s. 11. Eng. the limitation is twelve months. And by the 35 Geo. 3. c. 29. s. 78 Ir. all actions, &c. or prose- s. 11. Eng. cutions grounded upon this act shall be commenced, 35 Geo.3. c.29. within one year after the offence shall be committed. s. 78 Ir. Petitions upon controverted a elections, 10 Geo.3. c. 16 S. 1. Eng. VIII. With respect to petitions in cases of controverted' § 8. elections. By the 10 Geo. 3, c: 16. s, 1. Eng, whenever a petition complaining of an undue election or return of member shall be presented to the house of commons, a day and hour shall be appointed by the house for taking the same into consideration, and notice thereof in writing shall be forthwith given by the speaker to the petitioners and Undue election or return. 8. 1. Eng. tions. s. 10. Eng. No return or special return, &c. and sitting members, or their respective agents, accom→ panied with an order to attend the house at the time appointed, by themselves, their counsel or agents. And 11 Geo. 3. c.42. by the 11 Geo. 3. c. 42. s. 1. Eng. if several parties on distinct interests or grounds of complaint, shall present Separate peti- separate petitions complaining of an undue election or return, the same notices and' orders shall be given to all such parties, or their respective agents, as directed by the 10 Geo. 3. c. 16. to be given to the sitting members or the petitioners therein mentioned or their respective 25 Geo.3. c.84. agents. And the 25 Geo. 3. c. 84. s. 10. Eng. further provides for the cases where, upon any writ issued for election of members, no return shall be made to the same on or before the day on which such writ is made returnable; or if a writ shall have been issued during any session or prorogation, and no return shall be made to the same within 52 days after the day on which such writ bears date; or if the return made in either of such cases shall not be a return of members, according to the requisition thereof, but contain special matters only concerning such election, and enacts that in such cases it shall be lawful for any person having had a right to vote at such election, or claiming to have had a right to vote or to be returned as duly elected thereat, who shall think himself aggrieved, to petition the house of commons concerning the same, and upon such petition being presented, a day and hour shall be appointed for taking the same into consideration, and notice thereof in writing shall be forthwith given by the speaker to the petitioners, and to the returning officer, accompanied with an order to them to attend the house at the time appointed, according to 10 Geo. 3. c. 16. & 11 Geo. 3. c. 42; and a committee shall be appointed according to the directions of these statutes, (the regulations of which are by s. 11. extended to this act,) to try and determine whether any and which of the persons named in such petition ought to have been returned, or whether a new writ ought to issue; which determination shall be final, and the house, being informed thereof by the chairman of such select committee, shall order the same to be entered in their journals, and s. 11. |