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an adjournment for a period, to be named by CHAP. III. the Sheriff, but not exceeding two free days (exclusive of Saturdays and Sundays), must always intervene between the days of nomination and of taking the poll;' and the interval can, of course, be employed in making the necessary preparations. In the county of Orkney and Shetland, the adjournment must be for a period not less than ten, nor more than fourteen, days."

tions for a

Let it, however, next be supposed that, by Full preparaarrangement with the candidates, full prepara- contest. tions for a contest are to be made before the nomination day. The rules affecting the number, character, situation, and expense of the booths, or places to be used for polling in, have already been stated. Supposing the preparations on this head to be complete, the next thing to be done, is to provide for each booth, or place for polling in, an authenticated copy, alphabeti- Copies of cally arranged, of the last completed register for register. the district in which the polling-place is situated; inasmuch as, at the time of the poll, each pollclerk must have one with him, and according to it the votes are to be taken.3


The Sheriff may then proceed to appoint his Sheriff's Staff. He is not obliged to superintend the polling in person; but he must be represented by a Substitute at each polling-place at which he does not preside himself; and he is empowered to name such officers at his own discretion, without observing the forms necessary in the appointment of ordinary Substitutes receiving salaries. A Substitute must, in the Sheriff's absence, preside at Substitute. each poll-place to receive the votes, recording and progressively numbering each vote for each

1 2 & 3 Will. IV. c. 65, s. 29.

* Ib. s. 31.

3 Ib. ss. 27, 20, 22.

↑ Ib. s. 27.

Duties of

CHAP. III. candidate in a poll-book. He must take care that the attending Clerk has with him an authenticated copy, alphabetically arranged, of the last completed register of the district or place to which such polling-place is allotted. Either he, or the Sheriff, so presiding, must subscribe (as must also the Clerk) his name to each page of the poll-book before making, or allowing to be made, any entry in the succeeding page. Where the poll lasts more than one day, he must, together with the Clerk, at the close of the first day's polling, publicly seal up the poll-book or books, and take it, or them, in charge; and, on the commencement of the second day's poll, he must publicly break the seals, and proceed as on the first day. At the close of the second day's polling-or, where the poll lasts only one day, at the close of that day's polling he must immediately seal up, and transmit, or deliver, the poll-books to the Sheriff Pay of officer who acts as the Returning Officer. The officer, presiding at whether Sheriff or Substitute, presiding at the poll, is entitled to a sum not exceeding three guineas a day from the candidates jointly; or, if a candidate has been proposed without his own consent, his proposer is liable instead.*



how appointed.

Each Substitute superintending a polling-place is entitled to the assistance of one or more pollclerks, to be appointed by the Sheriff, if the candidates can agree on the subject; and, if not, by the Sheriff Clerk of the county. If, however, the agreement means, according to the decision in Muntz v. Sturge, an agreement by those by whom, or on whose behalf, a poll has been demanded, it is evidently impossible, before

2 & 3 Will. IV. c. 65, ss. 32, 27, 20, 22.

2 Post, p. 74.

3 2 & 3 Will. IV. c. 65, s. 32. See as to districts of cities and towns, 5 & 6 Will IV. c. 78, s. 6.

4 2 & 3 Will. IV. c. 65, s. 40.

5 Ib. s. 27

• Ante, p. 23.

such a demand is made, to decide whether the CHAP. III. Sheriff Clerk ought to appoint poll-clerks. For, even were the expected candidates to concur beforehand, it could not be certain that they would concur on the nomination day; and, supposing that this could be safely predicted, the arrival of a fresh dissentient candidate, when the poll was demanded, might, perhaps, invalidate a previous appointment of poll-clerks by the Sheriff Clerk. On the other hand, if such a concurrence took place, for the first time, on a poll being demanded, the same result might ensue. Upon the whole, therefore, the appointment of poll-clerks ought, perhaps, in prudence, to be deferred till a poll is actually demanded. The duty of a poll-clerk is Duties and to assist the Sheriff, or Substitute, presiding at remunerathe polling-place to which the poll-clerk is ap- clerks. pointed, in receiving the votes. He must subscribe his own name to each page of the poll-book before making any entry in the succeeding page, and must assist in sealing up the poll-books as above-mentioned.' He is entitled to a guinea a day, which is to be paid by the same persons as in the case of the Substitutes.2

tion of poll


On a poll being demanded, each candidate-or, Candidates if any one be proposed without his own consent, his liable for proposer-is, in addition to the liabilities already expenses. mentioned, jointly responsible with the other candidates for the expenses incurred by the Sheriff, Sheriff Clerks, or Town Clerks, in transmitting precepts, intimations, poll-books, or other communications required by the above rules.3

vacancy in

If the Sheriff to whom the writ is directed is Absence of Sheriff, or necessarily absent from any place where he ought otherwise to be performing any of the above his office. duties, he may appoint a special Substitute to act for him in such place; and, in the event of no

1 2 & 3 Will. IV. c. 65, s. 30.

2 Ib. s. 40; anle, p. 42.
32 & 3 Will. IV. c. 65, s. 40.

CHAP. IIL such appointment, his ordinary Substitute at the place must act instead. If the office of Sheriff be vacant by death or resignation, the ordinary Substitute at the head burgh of the shire, appointed by the late Sheriff, must fulfil the duties of the vacant office, until a successor be capable of acting in it.'1

Notice of election.

Time of election.

Place of election

Notice, when and how given.


In Scotch Cities, Burghs, and Towns, and Districts of such.] In every city, burgh, or town, or district of such-and the word burgh will, in the following pages, unless the contrary is expressed, include each of these-the Sheriff, to whom the writ is directed, must give notice of the time and place of the coming election in the same form as is required in the case of English boroughs.2 The time to be appointed by him must, with certain exceptions, not be less than four, nor more than ten, days after his receiving the writ. exceptions are the burghs within the districts comprehending Kirkwall, Wick, Dornoch, Dingwall, Tain, Cromarty, Ayr, Irvine, Campbelltown, Inverary, and Oban; in which cases, the time must be not less than ten, nor more than sixteen, days after such receipt. The hour to be appointed is left to the Returning Officer's discretion." The place of election to be notified must, in the case of a town, or burgh, sending a member by itself, be such town or burgh; in the case of a district of towns or burghs, the place must be that specified in Schedule L of the Reform Act.

The notice must be given within two days after the receipt of the writ, except in those places which are above excepted from the rule con

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cerning the time of election; and, in them, the CHAP. III. notice must be given in three days. In other respects, the regulations, as to the mode and hours of publishing it, are the same as in Scotch county elections.3

which the

safely make.

The remarks that have already been made, Amount of under the head of Scotch county elections, with preparations reference to the amount of preparations which Sheriff may may safely be made by the Sheriff, apply also to burghs, subject to the following distinctions:--In burgh elections, the interval between the Interval benomination day and poll, is for a period not exceeding three free days, exclusive of Saturdays poll. and Sundays; except in the district including the town of Kirkwall in Orkney, where the extreme limit is seven free days.*

tween nomination and

limit to

The maximum of expense to be incurred in Statutable preparing booths or places for polling in, when expense of the candidates cannot agree as to terms, is twenty booths. pounds at each locality."

The Sheriff has a discretionary power of so Alteration of polling altering the number, situation, or arrangement, districts and of the existing polling places and districts, "or places. parts thereof," that not more than three hundred electors shall be allotted to poll in each booth or compartment. But, when any such alteration has been made, the Town Clerk must forthwith make up a list of the polling-places as so modified, and affix copies to the doors of all the parish churches within the city, burgh,

or town.


The Sheriff, or his Substitute, must, on the Sheriff may requisition of any candidate, or of any elector booths on

1 Ante, p. 44.

25 & 6 Will. IV. c. 78, s. 2; 2 & 3 Will. IV. c. 65, s. 28.

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• Ib. s. 3.

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