be returning officer.' In no other Irish constitu- CHAP. II. ency does a vacancy in the post of Returning Officer occasion any difficulty on this head, as the Sheriff in such case is the person to whom the writ is directed, and who is charged with its execution.2

3

Finally, it may happen that, in spite of every Misdirection precaution, a writ is misdirected; should this of writ, occur when the House is sitting, the proper course is for the Speaker to issue a supersedeas of the writ, or to prevent its being delivered. But, should the error not be thus remedied, and should the person to whom the writ is sent execute it in good faith, the mistake will not avoid the election.1

6

5

sex:

Writ, how forwarded.] The manner in which the writs ought to be forwarded has been minutely prescribed by the legislature. The Messenger, or In London Pursuivant, of the Great Seal is "forthwith" to and Middlecarry such writs as are directed to the Sheriffs of London or Middlesex to the officers of such Sheriffs; and he is also to carry such as are directed to any person who holds his office in or within five miles of the cities of London or Westminster, or the borough of Southwark, to such office; the holder of such office having first notified where he holds it to the Messenger. In all In other other cases, the Messenger, or his Deputy, is to caser deliver the writ at the General Post Office in London to the Postmaster, or Postmasters, General; or to the Deputy, or Deputies, who shall have been appointed, in obedience to the Act, by such. Postmaster, or Postmasters, General. The person, or persons, so receiving the writ is, or are, to give a written acknowledgment thereof to the person, or persons, so delivering the same; in which re

13 & 4 Vict. c. 108, s. 84, App. xxxii.

2 25 & 26 Vict. c. 92, s. 3, App. Ixiv.

3 Ante, p. 7.

7

4 Roe, 443; Wakefield, B. & Aust. 306; Heyw. Bor. 61. 5 53 Geo. III. c. 89, App. ix.

6 Ib. s. 1.

7 Ib. s. 3.

CHAP. II. ceipt is to be stated the time of the delivery; and a duplicate of this acknowledgment, signed by the parties, to whom, and by whom, the writ is delivered, is to be kept by the receiver. The writ is then to be despatched, postage free, by the first post or mail, under cover, to the officer to whom it is directed; accompanied by instructions requiring the Postmaster, or Deputy Postmaster, of the place, or nearest to the place, where such officer holds his office, to deliver the writs to him at such office, or to his Deputy. A written memorandum stating the day and hour of the receipt, and signed by the persons to and by whom the writ has been delivered, is to be transmitted by such Postmasţer, or Deputy Postmaster, by the first or second post, to the Postmaster or Postmasters General, or to their Deputies; who are to make an entry thereof in a book kept for the purpose, and to file the memorandum along with the duplicate of the previous acknowledgment signed by the Messenger; so that both documents may be produced and inspected, on all proper occasions, by any person interested in the election.1

Notice to PostmasterGeneral of place to which writs

directed.

In order that the Postmasters General may know where to send the writs, the Chancellor of the County Palatine of Lancaster, the Bishop of ought to be Durham or his temporal Chancellor of the county palatine of Durham, the Chamberlain of the county palatine of Chester, the Warden of the Cinque Ports, the Sheriffs and Stewarts of the several cities, counties, and stewartries, and all other persons to whom the writs are to be directed, or their respective Lieutenants, or Deputies, must notify to such Postmasters General the offices to which the writs are to be directed, together with the post towns in which, or nearest to which, such offices are; and so, from time to time, with all

1 53 Geo. III. c. 89, s. 1, App. ix. ; 30 & 31 Vict. c. 102, s. 57, App. lxxii. The county palatine of Lancaster ceases to be a county palatine in so far as respects the issue, direction, and transmission of writs.

convenient speed, as often as such offices are changed. Moreover, the Postmasters General are to have a list of such places hung up in some public place in the General Post Office."

CHAP. II.

senger of

It is enacted that, for these services, the Mes- Remunerasenger of the Great Seal shall be remunerated tion of Mesfrom the Hanaper office, in the proportion of two Great Seal. guineas for each writ for every election on a vacancy; and of fifty pounds on a general election. No fees are permitted; and their acceptance by any person concerned in transmitting or delivering writs, is, in common with every other trangression of the Act, made a misdemeanour, punishable by fine and imprisonment.3

War Office

in Great

Notice to War Office.] Finally, on the issuing Notice to of any new writ for an election in Great Britain, with respect the Clerk of the Crown, or other Officer making to elections out the document, must give notice thereof with Britain. all convenient speed to the Secretary of State for War,' or to the person officiating in his stead; who, in his turn, is required, at some convenient time before the day appointed for the election, to give a similar notice to the general officer commanding in each district of Great Britain. The latter must thereupon give orders, that on the day in question no soldier, quartered within two miles of the place of polling, or nomination (excepting only the guards attending the Sovereign or royal family, or the soldiers stationed in the Bank of England), shall go out of his barrack, or quarters, except to mount or relieve guard, or, if a voter, to vote at the election; and that any soldier going out for any, or either, of these objects is to return with all convenient speed after accomplishing them.5

4 By 26 & 27 Vict. c. 12, the office of Secretary at War was abolished, and his duties transferred to the Secretary of State for War.

5 10 & 11 Vict. c. 21, ss. 2, 3, 4.

с

Indorsement of writ.

PREPARATIONS

CHAPTER III.

FOR ELECTION: IN COUNTIES:

IN

BOROUGHS: IN SCOTCH COUNTIES: IN SCOTCH
BURGHS IN IRISH COUNTIES: IN IRISH BOROUGHS.

UPON the writ being delivered to the officer to whom it is addressed, he must indorse upon its back the date of receiving the same in the following form. Thus:

:

Received the within writ on the 18--.

day of

(Signed) A. B., High Sheriff [or Sheriff or Mayor, as the case may be.]1

The subsequent preparations for an election, although they have been to a great extent assimilated by the Ballot Act for all three divisions of the United Kingdom, still differ in some respects, according to which of the three divisions the election may be about to take place in. These preparations will, therefore, be considered, first, in so far as they are the same for the whole United Kingdom, and then those points will be noticed in which the preparations for Scotch and Irish elections differ from those for English elections. University elections will be discussed separately, as they are conducted independently of any part of the Ballot Act except that which relates to personation. It may be convenient, also, to sub

2

1 See form of writ given in Schedule II. of the Ballot Act, 1872, App. cxvi. See also as to Ireland, 1 Geo. IV. c. 11, s. 5, App. xi. and 4 Geo. IV. c. 55, s. 33, App. xv. ; as to Scotland, 2 & 3 Will. IV. c. 65, s. 28, App. xxv. ; as to England, 7 & 8 Will. III. c. 25, s. 1, App. iii.

2 See Ballot Act, s. 31, App. ci.

divide the subject further; namely, with reference, СНАР. ІІІ. first to counties; and, next, to boroughs.

writ gratu

With regard to all English and Irish elections,1 Execution of the general rule may here be laid down, that no itous in Sheriff, Mayor, or other officer, engaged in the English and making out, receiving, delivering, returning, or tions. executing, the writ, may give or take any reward for such service.2

upon re

Irish elec

election.

In counties.] In all county elections the first Notice of thing the returning-officer has to do ceiving the writ is to give public notice within two days after the day on which he receives it, between nine A.M. and four P.M., of the day on which and the place at which he will proceed to an election, of the time appointed for the election, and of the day on which the poll will be taken in case the election is contested, and of the time and place at which forms of nomination papers may be obtained.1

5

The notice is to be in the following form, or as nearly representing it as circumstances will permit :

6

The Returning Officer of the [county] of will, on
day of
next ensuing, between the hours of

the

As to the payment of returning officers in Scotland see post, p. 47; and as to Ireland, see p. 51.

2 As to England, 7 & 8 Will. III. c. 25, s. 2, App. iii.; as to Ireland, 4 Geo. IV. c. 55, s. 73, App. xvi. and Irish Act of 35 Geo. III. c. 29, s. 14, App. cli. As to whether the sheriff may charge, in his bill of Cravings, for the expense of distributing the proclamations, see Atkinson's " 'Sheriff," 274; and as to his general power of applying to Government to recoup him for election expenses, see per Lawrence, J., Wathen v. Sandys, 2 Campb. 644; and see post p.

3 Proclamations are no longer required to be made and by s. 15 of the Ballot Act the term "proclamation" when used in any previous enactment not repealed by the Ballot Act shall be deemed to include a public notice given in pursuance of the Ballot Act.

4 Ballot Act, rule 1, App.cii. 5 Ballot Act, sch. 2, App. cxvii. 6 By s. 13 of the Ballot Act no election is to be declared invalid by reason of any mistake in the use of the forms in the second schedule to the act, if it appears that the mistake did not affect the result of the election.