Place, time, and mode of election in England. 7 & 8 W. 3. c. 25. s. 3. Eng.

members was thereby required, in case of any member becoming a peer of Ireland during such recess, a writ of summons having been issued under the great seal of Ireland to summon such member to parliament, and the notice and warrant of the speaker were in the latter case to be subject to the same exceptions and regulations as in the former.

The 7 and 8 W. 3. c. 25. s. 3. Eng. enacts, that upon every election of any knight of the shire, the sheriff shall hold his county court for the election at the most public and usual place of election, and where the same has most usually been for 40 years, and shall there proceed to election; the provision of this act as to the time 25 Geo.3. c. 84. of holding such election has been altered by the 25 s, 4. Eng. Geo. 3. c. 84. s. 4. Eng. which enacts, that the sheriff, after the receipt of the writ for making an election for knights of the shire, and indorsing on the back thereof the day of receiving the same, shall within 2 days after the receipt thereof, cause proclamation to be made at the place where the election ought to be holden, of a special county court to be there holden for such election only, on any day (sunday excepted) not later from the day of making such proclamation than the 16th, nor sooner than the 10th, and he shall proceed in such election at such court, as if the election was to be held at a county court, or at an adjourned county court; but it is provided that the usual county court or any adjournment thereof shall for all other purposes be held and proceeded on by the sheriff, as if the writ for the election of knights of the shire had 19 Geo. 2 c. 28. not been received. And the 19 Geo. 2. c. 28. s. 7. Eng. s. 7. Eng. enacts, that the sheriff of any city or town in England, being a county of itself, and having a right to elect a member or members by virtue of the writ issuing out of chancery without any precept thereupon, shall forthwith upon the receipt of the writ, cause public notice to be given of the time and place of election, and shall proceed to election thereupon within 8 days after the receipt of the writ, and give 3 days notice thereof, exclusive of the day of the receipt of the writ and of the day of election. The 33 Geo. 3. c. 64. Eng. provides

Notice thereof.

33 Geo. 3. c. 64. Eng.

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that

that all notices to be given of the time and place of any election of members, &c. shall be publicly given at the usual place or places, within the hours of 8 in the forenoon and 4 in the afternoon, from 25 October to 25 March inclusive, and within the hours of 8 in the forenoon and 6 in the afternoon, from 25 March to 25 October, inclusive, and no other notice shall be valid.

members to be

E. & I.

8 Geo. 2. c 30.

s. 1. Eng.

Military to be

removed before

It is enacted by the 3 Edw. 1. c. 5. E. & I. that, upon Elections of great forfeiture, no man by force of arms, nor by malice free. or menacing, shall disturb any man to make free elec- 3 Edw.1 c.5. tion. And it is declared by the 8th article of the Bill 1 W. & M.st.2. of Rights, that election of members of parliament ought c. 2. Eng. to be free. The 8 Geo. 2. c. 30. Eng. recites the 3 Edw.1. supra, and enacts, that as often as any election of peers to represent the peers of Scotland in parliament, or of any member to serve in parliament, shall be appointed to be elections. made, the secretary at war, or such person as shall officiate in his place, shall, at some convenient time before the day appointed for such election, send orders in writing for the removal of every regiment, troop, or company, or other number of soldiers, quartered or billeted in any place where such election shall be appointed to be made, one day at least before the day appointed for such election, to the distance of 2 miles from such place, and not to make any approach until one day after the poil shall be ended. And by s. 2. in case the secretary of war, or such person as shall officiate in his place, shall neglect to send such orders, and shall be thereof convicted, upon any indictment to be preferred at the next assizes, or sessions of oyer and terminer, for the county where such offence shall be committed, or on any information to be exhibited in K. B. within 6 months after such offence, such secretary at war, &c. shall be discharged from his office, and shall be disabled to hold any office or employment, civil or military, in his majesty's service. But by s. 3. this act shall not extend to the city of Westminster, or the borough of Southwark, in respect of the guards Exception as to of the king, nor to any place where the king, or any of the royal family, shall reside at the time of such election, in respect of such troops only as shall be attendant guards to the king or to any of the royal fa

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places.

8. 3.

8. 4.

persons.

s. 5.

mily, nor to any castle or fortified place where any garrison is usually kept, in respect to such number of troops only whereof such garrison is composed. And by s. 4. Exception as to any officer or soldier who shall have a right to vote at such election is also excepted. And it is provided (s. 5.) that the secretary at war, &c. shall not be liable to any forfeiture for not sending such order, upon any election on a vacancy, unless notice of making out any new writ shall be given to him by the clerk of the crown; which notice he is required to give with all convenient speed. There is no corresponding statute to this in Ireland.

Proviso.

Appointment of clerk and inspectors to take the poll. 7 & 8 W. 5.

c. 25. s. 3.Eng.

Next as to the mode of taking the poll: the 7 & 8 W. 3. c. 25. s. 3. Eng. provides, that in case the election be not determined upon the view, but a poll be required, the sheriff or under-sheriff, with such others as shall be deputed by him, shall forthwith proceed to take the poll in some open place or places, and the sheriff or under sheriff, or such as he shall depute, shall appoint such number of clerks as shall seem meet for taking thereof; which clerks shall all take the poll in the presence of the sheriff, &c. and before they begin to take the poll, every clerk shall by the sheriff or under sheriff be. sworn, truly and indifferently to take the same, and to set down the names of each freeholder, and the place of his freehold, and for whom he shall poll, and to poll no freeholder who is not sworn, if required by any candidate ;" and the sheriff, &c. shall appoint for each candidate such one person as shall be nominated by such candidate to be inspector of every clerk. And by s. 5. the sheriff, &c. or such as he shall depute, shall proceed No adjournment to the polling of the freeholders present, and shall not adjourn the county court to any other place, without the consent of the candidates, nor shall by any unnecessary adjournment protract the election, but shall duly proceed 25 Geo.3. c.84. from day to day. But the 25 Geo. 3. c. 84. s. 1. Eng. provides, that every poll demanded at any election in England, &c. shall commence on the day for which the same shall be demanded, or upon the next day at farthest, (unless it be a Sunday,) and then on the day after, and shall be proceeded on from day to day, (Sundays excepted,).

9.5.

without consent.

s. 1. Eng.

Poll, when to commenca

until

When to close

s. 3.

tinue each day.

s. 3. Eng.

until finished, so as no poll continue more than 15 days, and if such poll continue until the 15th day, then the finally. same shall be finally closed at or before 3 in the afternoon of the same day; and by s. 3. every returning officer, unless prevented by accident, shall during the poll, on every day, cause the said poll to be kept open for 7 hours, How long to conat the least, between 8 in the morning and 8 at night. By the 2 Geo. 2. c. 24. s. 3. Eng. every sheriff or other 2 Geo. 2. c. 24. returning officer shall, immediately after reading the writ Oath of returnor precept, take and subscribe the following oath, viz. ing Officer. "I, A. B. do solemnly swear, that I have not, directly " or indirectly, received any sum or sums of money, "office, place, or employment, gratuity or reward, or any bond, bill or note, or any promise or gratuity whatsoever, either by myself or any other person, to my use or benefit or advantage, for making any return at "the present election of members to serve in parliament, " and that I will return such person or persons, as shall, " to the best of my judgment, appear to me to have the " majority of legal votes." Which oath any justice of the peace of said county, &c. or in his absence any 3 of the electors shall administer, and such oath shall be entered amongst the records of the sessions of such county, &c. The 25 Geo. 3. c. 84. s. 7. Eng. recites, that it is ex- 25 Geo. 3. c. 84. pedient that all persons employed as poll-clerks, should s. 7. Eng. Oath of polltake an oath, for the faithful discharge of their office, but the same is not at present required or authorized, except in counties and other places for which there are express provisions made by statute, and enacts, that at every election of a member for any city, borough, or place within England, &c. every person whom the returning officer shall retain to act as a poll-clerk, shall, before beginning to take such poll, be sworn by the returning officer truly and indifferently to take the poll, and to set down the name of each voter, and his addition, profession, or trade, and the place of his abode, and for whom he shall poll; and to poll no person who is not sworn or put

to

This clause, so far as it binds Scotland, is repealed by the 16 Geo. 2. c. 11. 8. 38. Eng.

clerk.

Booths erected.

9. 7. Eng.

Clerk to cach booth.

to his affirmation, where by this or any other statute, any oath, &c. now is, or hereafter shall be required.

The 18 Geo. 2. c. 18. s. 7. Eng. enacts that at every 18 Geo. 2. c.18. election for a knight of the shire in England and Wales, the sheriff, or in his absence the under-sheriff, or such as he shall depute, shall appoint or erect at the expense of the candidates, such number of booths or places for taking the poll, as any of the candidates shall, 3 days at least before the commencement of the poll, desire, so as the same do not exceed the number of rapes, lathes, wapentakes, wards, or hundreds within the said county, and not exceeding in the whole the number of 15; and affix upon the most public part of each, the name of the rape, &c. for which such booth, &c. is designed; and the sheriff shall appoint a clerk at each booth, &c. to take the poll, (who shall at the expense of the candidates be paid not exceeding one guinea per day each clerk) and the sheriff, &c. shall also make out a list for each booth, &c. of all the towns, villages, parishes, and hamlets, lying wholly or in part in the rape, &c. for which every such booth, &c. is designed; and shall, upon request, deliver a copy thereof to any of the candidates, or their agents, taking for each copy 2s.; and by s. 8. no sheriff, under-sheriff, or clerk appointed to take the poll at any of the said booths, &c. shall admit any person to vote for any freehold estate sworn to be at some parish, town, or place, not mentioned in the list so made out for such booth, &c. unless such estate be in some place not mentioned in any of the lists. By. s. 9. the sheriff, &c. shall at every such election allow a cheque-book for every poll-book, for each candidate, to be kept by their respective inspectors at every place where the poll shall be taken. The 19 Geo. 2. c. 28.. Eng. contains a similar clause (s. 6.) in respect to allowing cheque-books at elections for counties of cities or towns, but does not provide for the erection of booths at such 10 Ann. c. 23. elections. By the 10 Ann. c. 23. s. 5. Eng., in taking the poll the sheriff, or his under-sheriff, and clerks, shall enter not only the place of the elector's freehold, but Entry of voters, description, &c. also the place of his abode, as declared by the elector at giving his vote, and shall also enter Jurat against the

8. 8.

Lists for each booth.

s. 9.

Cheque books for candidates.

19 Geo. 2. c. 28. s. 6. Eng.

s. 5. Eng.

name