pelled to be so; and they will not be liable to any fine for refusing to act. 17 & 18 Vict. c. 102, s. 8.

In the first place, the sheriff or other returning officer reads the writ, by the authority of which he then holds the election. Before the passing of the 16 & 17 Vict. c. 68, the returning officer in boroughs used to read the precept which he had received from the sheriff of the county, and which was his authority for holding the election; but now that the authority for holding the election proceeds immediately from the Crown Office in Chancery to the returning officer, he will no longer have any precept from the sheriff, but will have for his authority the writ itself. This act applies only to England and Wales. The sheriff is the returning officer at all Scotch elections, and in Ireland the law is unchanged. Having read the writ, the sheriff or other returning officer must then at once take the oath prescribed, by the 2 Geo. 2, c. 24, s. 3, which oath is as follows:

"I A. B. do solemnly swear, That I have not, directly nor indirectly, received any sum or sums of money, office, place or employment, gratuity or reward, or any bond, bill or note, or any promise or gratuity whatsoever, either by myself, or any other person to my use, or benefit or advantage, for making any return at the present election of members to serve in Parliament; and that I will return such person or persons as shall, to the best of my judgment, appear to me to have the majority of legal votes."

The oath may be administered by any justice or justices of the peace of the county, city, corporation or borough, where the election is being had; if there be none such present, then any three electors present

may administer such oath. The oath so taken is to be recorded at the sessions of the county or other place.

Before the passing of the recent "Corrupt Practices Prevention Act, 1854," the sheriff or other returning officer was required to read the whole of the Bribery Act, 2 Geo. 2, c. 24, openly before the electors there assembled. This is now no longer necessary as the whole of that act, with the exception of the third section, has been repealed by the Corrupt Practices Prevention Act, 1854. Those portions of the act, however, which relate to the taking of the oath by the returning officer, and the penalties on him for taking a false oath or neglecting to take the oath, remain in full force (a).

In places where the right of election is partly in freemen, the returning officer must next read the 3 Geo. 3, c. 15, commonly called the "Durham Act:" by the 8th section of that act, London and Norwich are exempted from its operation (b).

At New Shoreham, the 11 Geo. 3, c. 55 ; at Cricklade, the 22 Geo. 3, c. 31; at Aylesbury, the 44 Geo. 3, c. 60, must be read respectively.

The returning officer having concluded these formal proceedings, then calls upon the electors present to propose the candidate. Each candidate is proposed and seconded. The candidates address the electors, and

(a) The whole of this act, with the exception of the 3rd section of it, was extended to Scotland, by the 33rd section of the 16 Geo. 2, c. 11; that 33rd section being now repealed, no part of the repealed act of 2 Geo. 2 now extends to Scotland.

(b) Rogers on Elect. 14.

then the common practice is to call upon the electors present to declare, by a show of hands, whom they select among the several candidates.

This form is only gone through where there are more candidates proposed than there are vacancies to be supplied. It is curious that the Scotch Reform Act, 2 & 3 Wm. 4, c. 65, provides in sect. 29 as to counties, and in sect. 30 as to boroughs, that if no more than the necessary number of candidates to fill the vacancies be proposed at the time of the proclamation for the choice of the electors, such candidates are upon a show of hands to be declared duly elected (a). The requiring the persons present, the great majority of whom are in all cases non-electors, to express by a show of hands their choice of a candidate, is a mere form. It is of service only for the purpose of ascertaining whether any of the candidates proposed have the intention of formally demanding a poll. It often happens that persons are proposed for the mere purpose of enabling them to make a speech to the crowd assembled round the hustings.

Any omission on the part of the returning officer to ask for a show of hands, or any similar expression of popular opinion; or any irregularity in the mode of granting the poll, would be no sufficient grounds for afterwards impugning the validity of the election.

"Where a poll is demanded the election commences with it, as being the regular mode of popular elections; the show of hands being only a rude and imperfect declaration of the sentiments of the electors. It often happens that on a show of hands that person

(a) Clerk. Elec. Com. 75.

has a majority, who on a poll is lost in a minority; and if parties could afterwards recur to the show of hands, there would be no certainty or regularity in elections. I am of opinion, therefore, that where a poll is demanded, it is an abandonment of what has been done before, and that everything anterior is not of the substance of the election nor to be so received." Sir Wm. Scott, in Anthony v. Seger, 1 Hag. C. Cons. C. 13, on the election of a churchwarden.

"If there be any irregularity in the mode of demanding the poll, the taking of the poll would be a complete waiver of such irregularity." Per Tindal, C. J., Campbell v. Maund, 5 Ad. & Ell. 88.

If no more candidates are nominated than are necessary to fill the vacant seats, the returning officer ought at once to declare those who have been so nominated to be duly elected. He ought not to wait to see whether others may come forward afterwards; were he to do so he would be severely censured, and probably punished by the House of Commons (a). If, under such circumstances, candidates were brought forward, and a poll taken, it seems very doubtful whether the election would be avoided on account of such misconduct on the part of the returning officer.

So soon as a poll is demanded it must be granted, the returning officer has no discretion in the matter. Were he to refuse a poll, and return any one of the candidates the election would be void; and the returning officer would render himself liable to indictment, as well as to the punishment to be inflicted by the House of Commons (b).

(a) Nottingham, 1 Peck. 77.

(b) Southwark, Glan. 7, and see 4 Inst. 48.

It remains only further to be observed, that the sheriff or other returning officer is now armed with ample powers to prevent any evil consequences arising from riots and violence at the nomination. He may, when necessary, at once suspend the proceedings, and adjourn the business of the election until another day. The same powers exist in England, Scotland and Ireland. 2 Wm. 4, c. 45; 5 & 6 Wm. 4, c. 36; 5 & 6 Vict. c. 78, and 13 & 14 Vict. c. 68. The next thing to be considered is when, and how, the poll is to be taken. The days and hours of polling are fixed by

statute.

In English Counties.] The polling commences on the day appointed by 2 Wm. 4, c. 45, s. 62, viz.: the next day but two after the day fixed for the election, unless such next day shall be Sunday, and in that case on the Monday following. By that act the polling was to last two days; but by the 16 Vict. c. 15, the time is now limited to one day, and the prohibition in the Reform Act of commencing a poll on a Saturday is repealed. The poll therefore lasts but one day only; it begins at eight in the morning, and can only be kept open until five in the afternoon.

In English Boroughs.] The time of polling is fixed by the 5 & 6 Wm. 4, c. 36, s. 2, which provides that at every contested election for any city, borough, or town, or county of a city, or county of a town, the polling is to commence at eight o'clock in the forenoon of the next day following the day fixed for the election, to last one day only, and no poll is to be kept open later than four in the afternoon.

In Scotch Counties.] When a poll is demanded, the proceedings are to be adjourned for a period to be

C