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in case of contest, polling booths (u) are erected at each place, and the polling commences at eight o'clock in the morning of the day next but two after the day fixed for the election, unless such next day but two shall be Sunday, and then it is to commence on the Monday following (v). At each place the sheriff or his deputy presides; and the polls are taken by poll clerks, to be appointed by him for that purpose (w). The polling is to be commenced and carried on simultaneously at all the places; and it is to be kept open from the above-mentioned hour of its commencement, until five in the afternoon of the same day;—when it closes (x). On the next day but one after the close of the poll (unless it be Sunday, but in that case on the Monday following) the sheriff is to open the poll books, declare the state of the poll, and make proclamation of the member or members chosen, not later than two o'clock in the afternoon of that day.

2. In a borough, the returning officer thereof (that is, as the general rule, the mayor (y)) opens the election (2), and, in case of contest, causes different polling booths to be erected for the different parishes, districts, or parts of the borough (a). For the booths in the different places, deputies must be appointed, a deputy presiding at each booth. There is also a poll clerk for each compartment of the booth (b). The polling is to commence at eight in the forenoon of the day next following the day fixed for the election, and to continue for one day only; and no poll is to be kept open later than four in the afternoon; provided, however, that if the day on which the polling would otherwise take place happens to fall on Sun

(u) As to polling booths, see 2 Will. 4, c. 45, s. 64; 6 & 7 Will. 4, c. 102, s. 3; 16 & 17 Vict. c. 68, s. 6.

(v) 2 Will. 4, c. 45, s. 62; amended by 16 & 17 Vict. c. 15, s. 2.

(w) 2 Will. 4, c. 45, s. 65.
(x) 16 & 17 Vict. c. 15, s. 2.

(y) See 2 Will. 4, c. 45, s. 11; 5 & 6 Will. 4, c. 76, s. 57.

(2) As to the oath to be taken by the returning officer, vide sup. p. 377, n. (r).

(a) 2 Will. 4, c. 65, s. 68; 5 & 6 Will. 4, c. 36.

(b) 2 Will. 4, c. 45, s. 68.

day, Good Friday, or Christmas-day, it shall be postponed to the next day following (c). On the day next after the close of the poll (unless it be Sunday, and in that case on the Monday), the returning officer is to open the poll books and declare the state of the poll, and make proclamation of the member or members chosen, not later than two o'clock in the afternoon of that day. He has, however, a discretion to do this immediately after the close of the poll if he thinks fit (d).

Besides the points hitherto noticed there are some others which require attention, and which are common to all elections in England or Wales, whether for counties or boroughs.

1. No person (as before shown (e)) is competent to vote unless his name appears on the register of electors; but on the other hand, the law does not permit the qualification of any person, who has been so registered, to be questioned at the time of polling (f); nor is any inquiry whatever allowed to be made at the time of polling, relative to the right of any person to vote, except only as follows, that the sheriff or other returning officer in borough elections shall (if required on behalf of any candidate to do so,) put to the voter at the time of tendering his vote, and not afterwards, two questions, worded in such manner as the act of parliament in that behalf (g) prescribes, (or either of those questions,)—the object of which is to ascertain, 1st, the identity of the proposed voter

(c) 5 & 6 Will. 4, c. 36, ss. 1, 2. (d) 2 Will. 4, c. 45, s. 68. As to the course of polling for the Universities of Oxford and Cambridge, see 16 & 17 Vict. c. 68, ss. 4, 5. With respect to the course of polling in the borough of Monmouth, and other boroughs of Wales having contributory boroughs connected with them, see 2 Will. 4, c. 45, s. 74, s. 8, sched. E. As to Shoreham, Crick

lade, Aylesbury, and East Retford, ibid. ss. 34, 69; 11 Geo. 3, c. 55; 6 & 7 Vict. c. 18, ss. 21, 77.

(e) Vide sup. pp. 361, 369. (f) 6 & 7 Vict. c. 18, s. 79. As to the remedy of a person who has been improperly prevented by the returning officer from recording his vote at the time of an election, see Pryce v. Belcher, 3 C. B. 58; 4 C. B. 866.

(g) 6 & 7 Vict. c. 18, s. 80-82.

with the registered person in respect of whose qualification he proposes to vote; 2ndly, that the proposed voter has not already voted at that election (h). He may also (upon the like requisition) be put to his oath upon these matters (i). But the law provides, that no person claiming to vote shall be excluded from doing so, unless it appears upon his answers to the questions, that he is not entitled to vote (j); or unless he refuses to take such oath.

2. Though no person can vote unless his name be on the register, yet a person who has been excluded from the register by the revising barrister's (k) decision, may nevertheless tender his vote at the election, and the returning officer is bound to enter it in the poll book as having been tendered, distinguishing, however, all votes so tendered from votes admitted. And in the event of a petition to the house of commons, complaining of an undue election or return, the correctness of the register, either as to votes excluded or admitted, may be impeached before the committee appointed for the trial of the petition, and the vote allowed or rejected as the case may be, and the poll altered accordingly (1).

3. [As it is essential to the very being of parliament that elections should be absolutely free, therefore all undue influences upon the electors are illegal, and strongly prohibited (m).] It is accordingly provided, that on every day appointed for the nomination, or for the election, or for taking the poll for the election, of a member to serve

(h) 2 Will. 4, c. 45, s. 58. See R. v. Thwaites, 1 Ell. & Bl. 704.

(i) By 2 Geo. 2, c. 24, and 43 Geo. 3, c. 74, an oath against bribery also might be put to the voter; but these statutes were repealed by 17 & 18 Vict. c. 102 (Sched. A.)

(j) See R. v. Harris, 7 Car. & P. 253; R. v. Dodsworth, 8 Car. & P. 218; 6 Vict. c. 18, s. 82. Et vide s. 83, &c. of the act last mentioned for provisions against personation of voters,

and for the case of several votes tendered on the same qualification.

(k) As to the revising barristers, vide sup. p. 361.

(7) 2 Will. 4, c. 45, s. 60. By 6 & 7 Vict. c. 18, s. 98, the extent of the power of the committee to inquire into the correctness of the register is defined.

(m) 1 W. & M. st. 2, c. 2; 2 W. & M. sess. 1, c. 7; 9 Com. Journ. 191; 17 Journ. 507.

in parliament, no soldier, within two miles of the city borough or place where the nomination or election is to be declared or poll taken, shall be allowed to go out of the barracks or quarters in which he is stationed, unless for the purpose of mounting or relieving guard, or for giving his vote at such election; and that every soldier allowed to go out for any such purpose within the limits aforesaid, shall return to his barracks or quarters with all convenient speed, as soon as his guard shall have been relieved or vote tendered. An exception, however, to this is allowed in the case of soldiers attending as guards to her majesty, or any of the royal family, or to the soldiers usually stationed within the Bank of England (n). [By vote also of the house of commons (to whom alone belongs the power of determining contested elections), no lord of parliament, or lord lieutenant of a county, hath any right to interfere in the election of commoners; and by statute 2 W. & M. sess. 1, c. 7, the lord warden of the Cinque Ports shall not recommend any members there.] Officers of the excise, customs, stamps and certain other branches of the revenue, and justices and other officers appointed under the Metropolitan Police Act, are also prohibited from interference (o); and [riots likewise have been frequently determined to make an election void.] And by the Reform Act it is provided, that where, at any place of election, the proceedings are interrupted by any riot, or open violence, the sheriff or returning officer shall adjourn the poll at such place till the following day; and, if necessary, then further adjourn the same until the interruption shall have ceased (p).

4. While the electors, however, of one branch of the legislature are thus [secured from any undue influence

(n) 10 & 11 Vict. c. 21. The rule formerly was that as soon as the time and place for election were fixed, all soldiers quartered in the place were to remove at least one day before the election to the distance of two miles or more, and not return till one day

8 Geo. 2,

after the poll was ended.
c. 30. But this enactment being
found inconvenient, is now repealed
by the statute first cited.

(0) 1 Bl. Com. 179; 2 & 3 Vict. c. 71, s. 6.

(p) 2 Will. 4, c. 45, s. 70.

[from either of the other two, and from all external violence and compulsion, the greatest danger is that in which themselves co-operate, by the infamous practice of bribery and corruption.] To prevent which, very careful provision has been lately made by 17 & 18 Vict. c. 102 (q). This act applies itself, first, to the offence of bribery (r), its definition of which is pointed principally against the gift or promise of money or valuable consideration, and the gift, procurement, or promise, of any office, place or employment, in order to induce a voter to vote or refrain from voting, or on account of his having already done so (s): and it enacts that such offence shall be, as regards both him from whom the gift, procurement, or promise, proceeds, and him who receives or agrees for the money, valuable consideration, office, place, or employment, a misdemeanor; and that in addition to the fine or imprisonment consequent on the misdemeanor, the former shall be liable to forfeit 1007., and the latter 101. (t). Secondly, the act prohibits treating; its definition of which points in general at the providing by any candidate, either before, during, or after, an election, any meat, drink, entertainment or provision, in order corruptly to influence any person to

(q) Continued by 19 & 20 Vict. c. 84 till 10th August, 1857, and thenceforth to the end of the then next session of parliament.

(r) There were in force when this act passed the following acts against treating and bribery-7 Will. 3, c. 4; 2 Geo. 2, c. 24; 9 Geo. 2, c. 38; 16 Geo. 2, c. 11; 43 Geo. 3, c. 74; 49 Geo. 3, c. 118; 53 Geo. 3, c. 89; 4 & 5 Vict. c. 57; 5 & 6 Vict. c. 102: of which it repeals some wholly, and others in part. See also 15 & 16 Vict. c. 57, containing provisions for inquiring into corrupt practices extensively prevailing in particular constituencies, with a view to their disfranchisement. Bribery was an

offence also at the common law, punishable with fine and imprisonment (3 Burr. 1335, 1359; 4 Doug. 292). Blackstone says (vol. i. p. 179), that the first instance that occurs of election bribery is as early as 13 Eliz., when one Thomas Longe, being a simple man and of small capacity to serve in parliament, acknowledged that he had given the corporation, by which he was returned, 41. He was removed, and a fine of 207. imposed on the corporation. (Christian's Blackstone.)

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