but there was no evidence whatever of their authenticity. They were produced by the town clerk of Wigton, who had no more right to be in the possession of the poll books than any other town clerk. The poll books are directed to be transmitted to the sheriff of the county of Wigton (a), who is the officer who makes the return for the district. No evidence was given to explain how the poll books passed out of his custody. The objection was not taken, and the books produced by the town clerk were received as the poll books.

There are one or two matters connected with the practice of elections, which may be conveniently noticed here, though it does not form any part of the duty of the returning officer to attend to them.

The proceedings of an election will probably hereafter be of a graver character than they have hitherto been. Bands of music, flags and banners, will, in all probability, be banished from the scene. The use of these is not declared illegal; but as any payment on account of them by the candidate, or his authorized agents for election expenses would be illegal payments, it is probable that they will seldom be met with in future. The distribution of cockades, ribbons, and other marks of distinction by a candidate or his agents is also declared to be illegal, and the commission of such an illegal act would subject the candidate to a pecuniary penalty. So also would any payments for the band, &c. before mentioned. These matters will be noticed hereafter in treating of illegal payments.

(a) Schedule L. 2 & 3 Wm. 4, c. 65.

With the view of securing freedom of elections, many resolutions have from time to time been passed by the House of Commons against the interference of persons in power in the proceedings of elections.

Ministers of the Crown.] Dec. 1779. Journ. 507. Resolved, "That it is highly criminal in any minister or ministers, or other servants under the Crown of Great Britain, directly or indirectly to use the powers of office in the election of representatives to serve in Parliament; and an attempt at such influence will at all times be resented by this House, as aimed at its own honour, dignity, and independence, as an infringement of the dearest rights of every subject throughout the empire, and tending to sap the basis of this free and happy constitution" (a).

Peers.] 1802. "That it is a high infringement of the liberties and privileges of the Commons of the United Kingdom, for any lord of Parliament, or other peer or prelate, not being a peer of Ireland at the time elected, and not having declined to serve for any county, city, or borough of Great Britain, to concern himself in the election of members to serve for the Commons in Parliament, except only any peer of Ireland, at such election in Great Britain respectively, where such peer shall appear as a candidate, or by himself or any others be proposed to be elected, or for any lord lieutenant or governor of any county, to avail himself of any authority derived from his commission to

(a) In the session of 1853 a lengthened inquiry took place as to some alleged interferences on the part of persons in office under the Crown with the freedom of certain elections. Chatham; Plymouth.

influence the election of any members to serve for the Commons in Parliament."

Several cases have occurred where election committees have inquired into such matters when alleged in the petitions referred to them. Worcester, 3 Doug. 255; Warwick, P. & K. 538; Hertford, P. & K. 546. In the Stamford and Gloucester cases, 1848, committees were specially appointed to inquire into and report upon the alleged interference.

Presence of Military.] In the year 1645 the House resolved, "That all elections of any knight, citizen, or burgess to serve in Parliament be made without interruption or molestation by any commander, governor, officer, or soldier." In the year 1741 it was resolved, "That the presence of a regular body of soldiers at an election of members to serve in Parliament is a high infringement of the liberties of the subject, a manifest violation of the freedom of elections, and an open defiance of the laws and constitution of this kingdom."

By a recent statute, passed in the year 1847, provision is made to regulate the stations of soldiers during elections. The 10 Vict. c. 21, repeals the statute 8 Geo. 2, c. 30, which required, that all soldiers quartered or billeted in any place where an election was being held, should be removed to a distance of two or more miles, and enacts, in lieu thereof, that on the nomination and polling days, no soldier within two miles of the place of nomination or polling, or declaration of the poll, is to go out of barracks or quarters, except to 'relieve guard, or give his vote. This does not apply to the Guards attending the Queen, or to the soldiers stationed and employed within the Bank of England.

The clerk of the Crown, as soon as he has mad out a writ for an election, must give notice to the Secretary at War, in order that he may give notice to the General commanding in the district to issue orders to enforce this act.

It does not often become necessary to call out the military to quell disturbances at English elections. The ordinary civil force is in general sufficient; and the power which the returning officer has of adjourning, from day to day, when the election is impeded. by open violence, will probably render the recurrence to military assistance of very rare occurrence.

In Ireland, however, an unfortunate habit prevails of calling upon the military to be present at the election, and to take an active part in escorting voters to the very doors of the polling booths. Such a practice is almost certain to increase the disturbance, and to foment the animosity already existing at the election. The soldiers appear necessarily as partizans, taking a part in the election by bringing voters to the poll. Such a practice was resorted to at the Mayo and Clare elections in 1852 (a). At the latter election, the consequences were most lamentable; many lives were lost by reason of this very injudicious employment of the military. Now that any undue influence exercised upon a voter, to prevent his voting, will avoid an election if done by a candidate or his agents, there will be the less excuse for calling upon soldiers to accompany voters to the poll. It has usually been on the plea that a strong popular feeling existed against one party at an election, and that the voters

(a) Printed Minutes.

for that party were afraid to go to the poll without protection, that the military have been called upon to protect them. It is to be hoped that the sad spectacle at the last Clare election will stop this practice for the future.