with ask such person for whom he votes, and the vote of such person shall be entered in the poll book according to his answer, unless an objection be made to such vote by an inspector of a candidate; provided that if an entry of the affidavit or affirmation of the registry of the freehold shall not appear in the registry book, or if any person offering to poll shall not either produce such certificate of registry, or be able to refer to an original affidavit or affirmation of his registry in the possession of the deputy clerk of the peace, or if any such person shall refuse to take the oath aforesaid, or shall not give a direct answer to each of the questions to be put to him by the returning officer's deputy, or the person so examined shall admit in his answer to the said questions that he is not the person whose freehold is registered, or that he has no freehold, or that the freehold described in his certificate or affidavit or affirmation of registry (as the case may be) is not the freehold for which he tenders his vote, or that he has not been in the occupation thereof for the whole of the last twelve months, or that the same is not at the time of tendering his vote of the value of forty shillings above 35 G. 3. c. 29. all charges payable out of the same, then such deputy shall direct such person to withdraw from the poll place, and refer such person to the returning officer or the assessor for shall be deem- examination, and proceed immediately to receive the vote of the next person who shall offer to poll. s. 51. 4 G. 4. c.55. 6.7. No tax or rate ed a charge. 1 G. 4. c. 11. 8. 17. Knights of shires. 4 G. 4. c. 55. s. 52. Counties of cities and towns. Questions to be asked of freemen. No person shall require an elector to take any other oath respecting his freehold. No other oaths respecting freehold. When any person shall offer to poll [it should be as a freeman], the returning officer's deputy shall, if required, put to such person the following questions, and no other: What is your name? Are you a freeman of the county of the city or county of the town? (naming the county of a city or of a town for which the election is held.) Have you been sworn? Provided that where the right of election shall have been determined under any acts of Parliament now in force for the trial of controverted elections or returns of members to serve in Parliament to be in the resident freemen only, the returning officer's deputy shall, if required, put the following additional questions to any person offering to vote as a freeman : ? When were you admitted a freeman thereof, or elected a freeman thereof, or was the freedom thereof granted to you, to the best of your knowledge and belief? Where did you reside in the month of in the year (Here stating the time of admission, election, or grant of the freedom.) And the answers to which questions shall be inserted in the poll books, and when the person offering to poll shall have answered such questions, such deputy shall ask such person for whom he votes, and the vote of such person shall be entered in the poll book according to his answer, unless an objection be made to such vote. A deputy of a returning officer shall not put any 1G.4. c.11. questions to or investigate the right of any person of- s. 15. fering to poll except as aforesaid, or make any comment shires. on the answer given, or on any matter relating to the vote. Knights of 4 G. 4.0.55. 8. 60. Towns and If the registry book kept by the clerk of the peace, 35 G. 3. c. 29. and the copy thereof kept by the churchwardens, shall s. 67. both be proved upon oath to be administered by the re- boroughs turning officer, to have been lost, destroyed, or withheld, inhabitants. or so defaced, so as to be illegible, a certificate signed by the court, and countersigned by the clerk of the peace, (as directed by s. 66.) shall be deemed evidence of the due registration. There is no provision enabling a person to vote as an inhabitant when the registry book is defaced, and no certificate has been obtained. No person shall vote as an inhabitant only unless 35 G. 3. c. 29. appearing to be registered in the books twelve months 8. 63 Towns and boroughs. Oath of inhabitants. before the election, except in the case of the books being destroyed or defaced, and a certificate being produced, and then the returning officer shall, if required by any electors, administer to such person the oath or affirmation following: I, A. B. do swear (or if a Quaker do affirm) that I am a resident inhabitant in the borough of in the county of which lieth in the county of and that I am not an inmate or lodger with any other person in said borough, nor have I been so at any time within these twelve months last past, but have paid the usual and customary taxes, and cesses in * said borough as an householder, which have been legally demanded of me, and that I did not divide my house, or outhouses, or suffer my house or outhouses to be divided in order to multiply votes at this election, and that I did not come to reside in said borough since the present vacancy happened, nor in order to give my vote at this election; and that my said house, exclusive of my land annexed to or let with it, except that whereon it stands with its offices and back and other yard, is to the best of my knowledge and belief, worth the sum of five pounds yearly rent, and that I believe the same may be let for said sum of five pounds yearly to a responsible tennant. So help me God. And if any candidate or an elector shall require it these words shall be added to said oath, (viz.) and that I am of the age of twenty-one years as I verily believe. There is no provision enabling deputies to examine persons entitled to 35 G. 3. c. 29. vote in boroughs or towns, whether as inhabitants or freemen. s. 22. Knights of boroughs. The returning officer may employ a barrister to assist shires and him in the execution of his duty, and any candidate may Returning pay any sum he thinks proper towards defraying the officer may expence thereof. employ a barrister. s. 7. Counties of towns. There is no provision similar to this for counties of cities and towns. The returning officer shall erect or hire a building, 1 G. 4. c. 11. unless there be some convenient place, where he may Knights of decide all disputed questions, and all objections to votes shires and referred to him, and which booth shall be separate from, 4 G.4. boroughs. and exclusive of the number of booths necessary for the s. 40. polling of electors, and such returning officer shall give cities and his constant attendance in such booth each day; and in case any question or objection shall not be decided during attend at a booth separate the time which the poll shall be kept open, the returning from polling officer shall give his attendance in his booth, and proceed booths, to to decide the same by 1 G. 4. from seven o'clock to ten puted queso'clock of the afternoon of each, except the last, day, and by 4G. 4. after the polling shall have ceased, or before it shall s. 19., 4G.4. have commenced on each, except the last, day. Sheriff shall decide dis tions. 1 G. 4. c. 11. c. 55. s. 64. Latter part. s. 53. Where vote is No objections shall be made to a vote until the person 1 G. 4. c. 11. shall have declared for whom he votes, and the poll shall s.12. Knights of not on account of an objection by an inspector of a shires and candidate be delayed, but the deputy shall direct the poll 4G. 4. c. 55. boroughs. clerk to enter a memorandum on the poll books, shewing unties of to which candidate such person has given his vote, and cities and he shall immediately proceed to take the vote of the towns. next person offering to poll; and the inspector making objected to a the objection shall write down a memorandum on a printed shall be made form, to be provided by the returning officer, containing by the poll the name and place of abode of the voter, and the na- returning ture of the objection, and sign and date the same, and officer to give the same to the deputy, who shall sign the same with the initial letters of his name, and then give it to the assistant deputy clerk of the peace, who shall take it with the certificate or affidavit or affirmation of registry, memorandum clerk for the decide. Oath to be administered to such voter. Vote may be allowed or rejected by returning officer or his assessor, if necessary, to the returning officer to decide on the validity thereof; and the returning officer, or his assessor, may order the voter to attend him during the enquiry into his vote, and examine him, by such questions as may seem necessary, as to any objection made to his vote, and such officer or his assessor shall administer the following oath to him: "I, A. B. do swear (or being a Quaker or Moravian do solemnly affirm), that I will true answers make to all such questions as shall be here put to me by the returning officer or officers or his assessors," (as the case may be). So help me God. And if the vote be allowed or disallowed, the returning officer or his assessor shall write down upon the memorandum "allow this vote," or, "reject this vote," according to the determination which he shall come to on such vote, and the returning officer or his assessor shall write down the initials of his name upon the memorandum, and shall then deliver the same to the same assistant deputy clerk of the peace, who had brought it to him to be forthwith carried back to such deputy, who shall either reject such vote, or order the poll clerk to enter the same upon the poll according as he shall be directed by the returning officer or his assessor; and every such memorandum shall be preserved by such deputy, and be attached to the poll books at the close of the election, and the form of the said memorandum shall be as follows: These forms do not extend to voters in towns or boroughs. By the 37 G. 3. c. 47. s. 12., however, where a deputy shall not think himself competent to determine a question respecting the right of a person to vote, he may send to the sheriff, who shall receive or reject the vote. |