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s. 6.

erected for the

one of which forms shall be filled up with the name of, and subscribed by the person desiring to make, &c. the declaration of fidelity, and shall also deliver to each person so appointed as aforesaid, a sufficient number of printed certificates, to be filled up and delivered to each elector taking such oaths, or subscribing or affirming as aforesaid. And by s. 6. in case any candidate shall, 3 days before any election, give notice in writing to the returning officer, to provide proper places for administering Booths may be such oaths, &c. they shall accordingly be prepared purpose. against the day of the election; and in case a sufficient number cannot be conveniently, and at a reasonable expense, procured, at the place where such election shall be had, then the returning officer shall cause booths or temporary erections to be made in convenient places, the expense of which, and of the said printed forms, as also the allowance and compensation to the several persons appointed to administer the said oaths, &c. not exceeding £1. 1s. to every of them for each day's attendance, shall be defrayed by the candidates in equal proportions, and repaid to the returning officer, and may be recovered in any court of record at Westminster, by action of debt, or on the case, bill, suit, or information. The several English élection acts referred to in this Perjury and chapter, which prescribe certain oaths to be taken, all provide, that any person who shall falsely and wilfully swear or affirm, contrary to the true intent and meaning of these acts respectively, shall suffer the pains and penalties of wilful and corrupt perjury: and the 18 Geo. 2. c. 18. s.1. 19 Geo. 2. c. 28. s. 1. and 25 Geo. 3. c. 84. s.8. provide also that such as shall corruptly procure or suborn any persons to swear contrary to these acts, shall incur the pains inflicted by the 5 Eliz. c. 9. Eng. and 2 Geo. 2. c. 25.Eng.: but it is observable that the 35 Geo. 3. c. 29. Ir. (which by s. 72 & 74. provides for the case of perjury) does not in any part extend to subornation of perjury; and the 37 Geo. 3. c. 47. Ir. does not contain any clause extending the penalties of the statutes against perjury, to the breach of the oaths thereby required to be taken. The 45 Geo. 3. c. 59. s. 14. I. which respects freeholders under the yearly value of £20. provides against the

crimes

subornation of

perjury.

s. 6. Eng.

lifies.

crimes of perjury and subornation of perjury, with respect to the oaths thereby prescribed, and enacts, that any person so offending shall incur such pains and penalties, as are inflicted by any act for the more effectual preventing, and further punishment of perjury, and 2 Geo. 2. c.24. subornation of perjury. By the 2 Geo. 2. c. 24, s. 6. Eng. no person convicted of wilful and corrupt perConviction of jury, or subornation of perjury, shall, after such conperjury disqua- viction, be capable of voting in any election of any member: but the election law of Ireland does not contain any such provision, or create any such general dis35 Geo. 3.c.29. qualification; though the 35 Geo. 3. c. 29. s. 72. Ir. enacts, that any person claiming to vote as an inhabitant of any borough, (where the right of voting is vested in the inhabitants in general, or in the inhabitants aud others,) who shall be guilty of perjury in registering his inhabitancy and right of voting, or pretended right in such borough, without being really and bona fide a resident inhabitant thereof, according to the form of the oath prescribed thereby, shall not only suffer the pains and penalties of perjury, but be for ever incapable of giving any vote at any election of a member.

s. 79. Ir.

Penalty for voting more than once at same election.

By the 18 Geo. 2. c. 18. s. 5. Eng. (which has been in part stated, ante page 22 & 25.) any person who shall vote more than once at the same election, shall for18 Geo. 2. c.18- feit £40. to any candidate for whom such vote shall not §. 5. Eng. be given, to be recovered by action of debt in any court of record at Westminster, wherein, &c.: but this clause provides, that where the action is grounded on such fact of having polled more than once at the same election, the proof shall not lie on the defendant, as in case of voting vide p. 25. without qualification, &c.* The 19 Geo 2. c. 28. Eng. contains a similar provision in respect to counties of cities and towns. The 35 Geo. 3. c. 29. Ir. is in some respect analogous, which enacts (s. 53.) that if any person shall poll at any election by virtue of a freehold which Ting when not he had registered, and of which he shall not be in possession at the time of his polling, he shall, if thereof convicted, be imprisoned in the common gaol of the county for 6 months. And by s. 54. if any person

19 Geo. 2. c.28. s. 4. Eng.

35Geo.3. c. 29. 6. 53. Ir.

in possession.

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not

not a registered freeholder, shall take upon him the name Personating of a freeholder entered upon the registry, or pretend to be freeholders. the person so registered, and be convicted thereof, he shall be sentenced to stand in the pillory 3 successive market days, in the town where such election has been held, and be imprisoned in the common gaol of the county for 6 months.

E. & I.

E. & 1.

With respect to making returns, the 7 Hen. 4. c. 15. Return of writs. E. & I. enacts, that after the knights of the shire shallen. 4. c. 15. be chosen, their names shall be written in an indenture, under the seals of them that did choose them, and tacked to the writ, which indenture shall be the return; and in the writs of parliament, this clause shall be put, " and your election in your full county made, you shall, without delay, distinctly and openly certify, under your seal and the seals of them who were concerned in that election, to us in our chancery, at the day and place in the writ contained." By the 11 Hen. 4. c. 1. E. &. I. the justices 11 Hen. 4. c. 1. assigned to take assises shall have power to inquire of returns made contrary to the 7 Hen. 4. c. 15.; and if it be found by inquest and due examination, that any sheriff hath made return contrary to the statute, the sheriff shall incur the pain of £.100. to be paid to the king; and by this ancient statute the knights so returned were to lose their wages; the mode of assessing which was regulated by the 23 Hen. 6. c. 10. E. & I. The 23 Hen. 6. 23 Hen.6. c.10. c. 14. E. &. I. enacts, that every sheriff, after the delivery of the writ, shall make and deliver a precept under his E. & I. seal to every mayor and bailiff of the cities and boroughs within his county, reciting the writ, commanding them by the precept, if it be a city, to choose by citizens of the same city, citizens, and if it be a borough, by the burgesses of the same, burgesses, to come to the parliament; and the mayor and bailiffs shall return the precept to the sheriffs, by indentures between the sheriffs and them, of the elections and of the names of the citizens and burgesses chosen; and thereupon every sheriff shall make return of such writ, and of every return by the mayors and bailiffs to him made; and every sheriff that doth contrary to any statute for the election of knights, citizens,

VOL. 1.

H

and

E. & I.

23 Hen.6.c.14.

E. & I.

s. 3.

costs.

8 Hen. 6. c. 7. and burgesses, shall incur the pains contained in 8 Hen. 6. c. 7. E. & I. (viz. a fine of £. 100. to the king, and imprisonment for a year); and moreover shall forfeit to every person chosen knight, citizen,, or burgess in his county and not duly returned, or to any other which in default of such knight, &c. shall sue, £. 100. with But it is provided (s. 3.) that every knight, &c. shall begin his action of debt within 3 months after the parliament commenced, to proceed in the same effectually, and if he do not, any other that will sue shall have the action; and if any knight, &c. returned by the sheriff be put out and another put in his place, such person so put in his place, if he take upon him to be knight, &c. at any parliament, shall forfeit to the king £.100. and the knight, &c. so returned and put out shall have an action of debt for £.100. against the person so puț in his place, his executors or administrators; provided he shall begin his suit within 3 months after the parliament commenced, and if he do not then he that will sue shall have an action of debt for the sum of £.100. against him who is put in place of him that is put out, his executors or administrators; and such process shall be in the actions aforesaid as in a writ of trespass against the peace 25 Geo.2. c.84. at common law. By the 25 Geo. 3. c. 84. s. 1. Eng. at any election in England, &c. if the poll shall continue Return of writs until the 15th day, then the same shall be finally closed

s. 1. Eng.

forthwith; ex

cent scrutiny de- at or before the hour of 3 in the afternoon of the same

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day; and the returning officer shall immediately, or the day next after the final close of the poll, truly and publicly declare the name of the person who shall have the majority of votes; and shall forthwith make a return of such person, unless the returning officer, upon a scrutiny being demanded by any candidate or 2 electors, shall deem it necessary to grant the same; in which case it shall be lawful for him so to do, and to proceed thereupon, but so as that in all cases of a general election every returning officer shall cause a return of members to be filed in the crown-office, on or before the day on which such writ is returnable; and every other returning officer acting under a precept shall make a return 6 days before the return of the writ; and so that upon a writ issued during

a session

s. 2.

Scrutiny.

s. 9.

s. 14.

Penalty for de

Sheriff.

a session or prorogation, and a scrutiny being granted, then that a return shall be made within 30 days after the close of the poll, or sooner if convenient.* And by s. 2. whenever a scrutiny shall be granted, and there shall be more parties than one objecting to votes on such scrutiny, the returning officer shall decide alternately on the votes given for the different candidates. But by s. 9. this act shall not affect any place where particular regulations touching the duration of polls and scrutinies are enacted. This act provides (s. 14) that if any sheriff or other returning officer shall wilfully delay, neglect, or refuse duly to return any person who ought to be returned, ly, &c. of such person may, in case it shall be determined by a select committee (appointed as hereby directed) that such person was entitled to have been returned, sue the sheriff or officer, at Westminster, or in the court of session in Scotland, and shall recover double the damages he shall sustain, together with full costs. The 7 and 8 W. 3. c. 7. s. 2. 7 & 8 W.3. c.7. s. 2. Eng. Eng. provides that every person that shall be duly elected to serve for any county, &c. may in case of a false return Remedy for sue the officers and persons making or procuring the false returns. same, or any of them, at Westminster, and shall recover double damages with full costs; and by s. 3. if any officer shall wilfully, falsely, and maliciously return more persons than are required to be chosen by the writ or precept, the like remedy may be had against him, and the parties that willingly procure the same, by the party grieved. And by s. 4. all contracts, promises, bonds, and securities, given to procure any return of a member shall be void; and Contracts for whoever makes or gives such contract, &c. or any gift or false returns reward to procure such false or double return, shail forfeit £.300. one third part to the king, another to the poor of the parish, and one third also to the informer, to be recovered in any court of record at Westminster by action, &c. And this act (s. 5.) requires the clerk of the

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* The 10 and 11 W. 3. c. 7. s. 1. ascertains the fees of the clerk of the crown, for filing such returns, viz. 4s. for a knight, and 2s. for a citizen, burgess or haron; and this act (s. 1 & 3) required the returns to be made with all convenient speed, within 14 days after the election, by the sheriff or other officer, upon pain of forfeiting £.500. one moiety to the king, and the other to any person that should sue, &c. at Westminster.

s. 3.

$ 4..

void, &c.

s. 5.

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