7 & 8 W. 3. 259; if there shall be more candidates than legal representatives, then by The election must be decided by the view or by a View or poll. poll, if a poll should be demanded it must be granted. c. 25. s. 3. 25 G. 3. c. 84. s. 1. Poll, com A refusal of a poll when duly demanded, will render the election void, and an eligible candidate or an elector may demand it. Glanv.7. H. C.358. et seq.) The poll must commence, at latest the day after it is demanded, except it be Sunday, and be proceeded in from mencement of, day to day, but must not continue more than fifteen days. (Sundays excepted.) duration 15 days. 11 G.1. c. 18. London Poll, 7 & 8 W. 3. Knights of shires. Poll; no adjournment to another town. 7 & 8 W.3. c. 25. s. 10. s. 16. In London if a poll be demanded, the officer shall begin it at farthest on the day after, unless it be a Sunday, and shall finish it within seven days, exclusive of Sundays. In elections for knights of shires, the sheriff shall not adjourn the poll to any other town in the same county, without the consent of the candidates. 4 In the case of riots during an election, the returning officer may order the offenders to be taken into custody, and carried before a justice of the peace, and should apply to the magistrates to assist in preserving the peace; but should not call in the military unless absolutely necessary, and may make a special return. H. C. 551. to 584. In the county of Southampton the sheriff shall, after 25 G. 3. c.84. closing the poll at Winchester within fifteen days, adjourn the poll to Newport, in the Isle of Wight, if required by a candidate, so that such adjourned poll shall commence within four days from the close of the poll at Winchester, and continue not longer than three days. Southampton. 3G.2. c. 8. Norwich Act. 25 G. 3. c. 84. s. 3. Vid. p. 4. At Norwich one of the checks, a swearer, and a poll clerk, are to be admitted into the prison to take the oaths of such electors as are confined for debt. The poll shall be kept open seven hours daily, except the first day between eight and eight. The only provision for a sheriff appointing a deputy is in the 3 G. 1. c. 15. s. 11, stated before, but in elections deputies to assist in taking the poll are referred to by 7 & 8 W. III. c. 25. s. 3., & 18. G. 2. c. 18. s. 7. 9., for knights of shires, and by 19 G. 2. c. 28. s. 6. for cities and towns being counties. c. 25. s. 3. Knights of In elections for knights of shires, the Sheriff, or such 7 & 8 W.3. as he shall depute, shall appoint poll clerks, and an inspector of every poll clerk, vid. 18 G. 2. c. 18. s. 7. stated shires. before. Poll clerks. vid. 18 G. 2. There is no general provision for appointing poll clerks, except in c. 18. s. 7.p.6. elections for knights of shires, though the use of them at all elections, is implied by 25 G. 3. c. 84. s. 7. (Roe. p. 584.), and in London by 11 G. 1. London. c. 18. s. 1. Poll clerks are directed to be appointed in case a poll is Poll clerks. demanded by any candidate or two electors. Knights of shires' In election for knights of shires, a cheque book for 18 G. 2. c. 18. every poll book, for each candidate, shall be kept by the s. 9. respective inspectors. In elections for cities and towns being counties a cheque books. cheque book for every poll book for each candidate shall s. 6. be kept by inspectors. By this section a poll in writing Towns being is implied. Sim. 160. There is no express provision for allowing inspectors at elections for cities and towns being counties, and no provisions for cheque books, inspectors, or taking the poll in writing at elections, for boroughs and towns, though a penalty of 500l. is imposed by 7 & 8 W. 3. c. 25. s. 6. on any officer to whom the execution of an election writ, or precept, doth belong for not delivering a copy of the poll to any person desiring the same. 19 G. 2. c. 28. Cities and counties. Cheque books. Poll clerks, before beginning to take such poll, shall 7 & 8 W.3. be sworn by the returning officers for the faithful dis- c.25. s.3. charge of their duty; there is, however, no form in any s.7. statute. Where there are no commissioners appointed, the administration of the oaths or affirmations, by 7 & 8 W. III. c. 25. s. 3., 10 Ann c. 23. ss.5, 8., 18 Geo. II. c. 18. s. 1., 19 Geo. II. c. 28. s. 1., and 25 G. III. c. 84. s. 5., is a part of their duty, and by the two former acts in elections for knights of shires, they are to set down the name of each freeholder, and the places of his freehold and of his abode, as he shall declare the same, and for whom he shall poll and enter jurat, or if a Quaker affirmat, against the name of such voter who shall be sworn; and by the 25 G.III. c. 84. s.7. in other places they are 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. There is, however, no provision requiring them to set down the place of the freehold in cities and towns being counties, unless the 10 Ann. c. 23. (the title of which is confined to elections for knights of shires) is considered to extend to counties generally. 25 G. 3. c. 84. Poll clerks. Their duty. 7 & 8 W. 3. 259; if there shall be more candidates than legal representatives, then by The election must be decided by the view or by a View or poll. poll, if a poll should be demanded it must be granted. c. 25. s. 3. 25 G. 3. c. 84. s. 1. Poll, com A refusal of a poll when duly demanded, will render the election void, and an eligible candidate or an elector may demand it. Glanv. 7. H. C.358. et seq.) The poll must commence, at latest the day after it is demanded, except it be Sunday, and be proceeded in from mencement of, day to day, but must not continue more than fifteen days. (Sundays excepted.) duration 15 days. 11 G.1. c. 18. London Poll, 7 & 8 W. 3. Knights of journment to 7 & 8 W.3. c. 25. s. 10. s. 16. Southampton. In London if a poll be demanded, the officer shall begin it at farthest on the day after, unless it be a Sunday, and shall finish it within seven days, exclusive of Sundays. In elections for knights of shires, the sheriff shall not adjourn the poll to any other town in the same county, without the consent of the candidates. In the case of riots during an election, the returning officer may order the offenders to be taken into custody, and carried before a justice of the peace, and should apply to the magistrates to assist in preserving the peace; but should not call in the military unless absolutely necessary, and may make a special return. H. C. 551. to 584. In the county of Southampton the sheriff shall, after 25 G. 3. c.84. closing the poll at Winchester within fifteen days, adjourn the poll to Newport, in the Isle of Wight, if required by a candidate, so that such adjourned poll shall commence within four days from the close of the poll at Winchester, and continue not longer than three days. 3G.2. c.8. At Norwich one of the checks, a swearer, and a poll Norwich Act. clerk, are to be admitted into the prison to take the oaths of such electors as are confined for debt. 25 G. 3. c. 84. s. 3. Vid. p. 4. The poll shall be kept open seven hours daily, except the first day between eight and eight. The only provision for a sheriff appointing a deputy is in the 3G. 1. c. 15. s. 11, stated before, but in elections deputies to assist in taking the poll are referred to by 7 & 8 W. III. c. 25. s. 3., & 18. G. 2. c. 18. s. 7. 9., for knights of shires, and by 19 G. 2. c. 28. s. 6. for cities and towns being counties. c. 25. s. 3. In elections for knights of shires, the Sheriff, or such 7&8 W.3. as he shall depute, shall appoint poll clerks, and an in- Knights of spector of every poll clerk, vid. 18 G. 2. c. 18. s. 7. stated shires. before. Poll clerks. vid. 18 G. 2. There is no general provision for appointing poll clerks, except in c.18. s. 7.p.6. elections for knights of shires, though the use of them at all elections, is implied by 25 G. 3. c. 84. s. 7. (Roe. p. 584.), and in London by 11 G. 1. London. c. 18. s. 1. Poll clerks are directed to be appointed in case a poll is Poll clerks. demanded by any candidate or two electors. In election for knights of shires, a cheque book for 18 G. 2. c. 18. every poll book, for each candidate, shall be kept by the respective inspectors. 9 Knights of shires' cheque books. 19 G. 2. c. 28. In elections for cities and towns being counties a cheque book for every poll book for each candidate shall s. 6. be kept by inspectors. By this section a poll in writing Towns being is implied. Sim. 160. There is no express provision for allowing inspectors at elections for cities and towns being counties, and no provisions for cheque books, inspectors, or taking the poll in writing at elections, for boroughs and towns, though a penalty of 500l. is imposed by 7 & 8 W. 3. c. 25. s. 6. on any officer to whom the execution of an election writ, or precept, doth belong for not delivering a copy of the poll to any person desiring the same. Cities and counties. Cheque books. Poll clerks, before beginning to take such poll, shall 7 & 8 W.3. be sworn by the returning officers for the faithful dis- c.25.8.3. charge of their duty; there is, however, no form in any statute. Where there are no commissioners appointed, the administration of the oaths or affirmations, by 7 & 8 W. III. c. 25. s. 3., 10 Ann c. 23. ss.5, 8., 18 Geo. II. c. 18. s. 1., 19 Geo. II. c. 28. s. 1., and 25 G. III. c. 84. s. 5., is a part of their duty, and by the two former acts in elections for knights of shires, they are to set down the name of each freeholder, and the places of his freehold and of his abode, as he shall declare the same, and for whom he shall poll and enter jurat, or if a Quaker affirmat, against the name of such voter who shall be sworn; and by the 25 G. III. c. 84. s. 7. in other places they are 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. There is, however, no provision requiring them to set down the place of the freehold in cities and towns being counties, unless the 10 Ann. c. 23. (the title of which is confined to elections for knights of shires) is considered to extend to counties generally. 25 G. 3. c. 84. Their duty. 34 G. 3. c. 73. s. 1. 42 G. 3. c. 62. s. 1. 43 G.3.c.74. Returning officers, at the request in writing of a candidate, shall appoint two or more persons to administer all the oaths or affirmations (except the bribery oath) to the electors, and give them certificates thereof, according to the form in the 34 G. III. c. 73. s. 2. : such persons Persons to ad- previously to acting, shall take an oath for the discharge minister oaths. of their duties to be administered by the returning officer Vid. p. 38, 40. or his deputy. 34 G. 3. c. 73. s. 5. Booths for There are two oaths, one prescribed by the 34 G. III. c. 73. s. 1., and the other by 42 Geo. III. c. 62. s. 1. The latter is the one usually taken; but on account of the 43 G. III. c.74, enacting that the bribery oath shall be taken at the poll, neither of them exactly applies. Returning officers shall provide a proper place for every such person so appointed, to which place the electors are to have free access without interrupting the poll, and each place is to be open at least eight hours 8 hours daily. every day, between eight in the morning and eight in the persons to administer oaths open Vid. p. 39. s. 4. If number of persons insuffi cient, more to be appointed. seq. electors. evening; and the oaths or affirmations may be administered to twelve electors at one time, and the returning officer shall deliver to each person so appointed, a sufficient number of blank printed forms of the declarations of fidelity to be subscribed by Quakers, and of the certificates. of If during the poll it should be found that the number persons so appointed is insufficient, the returning officer may, at the request in writing, of any candidate, appoint more persons. Vid. p. 40. et Electors shall, if duly required, take the oaths, or, if Quakers, (by the Oaths of 7 & 8 W. III. c. 34.) or Moravians, (by 22 G.II. c. 30. s. 1.) make the affirmation of their being qualified; of allegiance and supremacy, or if Quakers or Moravians the declaration of fidelity, 7 & 8 W. III. c. 27. s.19.; of abjuration, 6 Ann, c.23. s. 13.; (or if Jews, by 10 G.I. c.4, see oath ;) and against bribery, 2 G. II. c. 24. s.1.; By the 8 H. VI. c.7., the sheriff in elections for knights of shires was empowered to examine upon the evangelists, the freeholders, how much he may expend by the year. By the 42 G.III. c. 116. s.200. persons in respect of land tax redeemed may vote on proving such redemption to the satisfaction of the returning officer, on oath or otherwise. |