ficult to say on what ground. Their report is as follows:-1st. "That in the opinion of the committee, the evidence adduced shows that at the last election, the poll was closed before four o'clock." 2. "That the evidence shows the proceedings at the said election to have been interrupted, and obstructed by open violence." 3. "That in consequence of such interruption and obstruction by open violence, J. Woods, who tendered his vote, was prevented recording the same." 4. "That the last election was a void election." 5. "That the returning officer should not finally have closed the poll." Whether the election was void because the poll was closed one or two minutes before four, or because the disturbance at the booth prevented the mayor from recording the vote of one man, it is difficult to say. The committee report, that the mayor ought to have adjourned the poll, and consequently to have continued the poll during the whole of another day.

It may well be doubted whether the disturbance that took place, was of such a nature as to have justified the mayor in adjourning the poll. A few fishermen, believing four o'clock had arrived, got upon the hustings and commenced pulling down the boards. Though the mayor was thereby forced to leave the hustings, he might have recorded the vote in the street. It was not attempted to be proved that any other voters but this one man were waiting to tender their votes. Had that been the case, considering how small was the majority, the decision would have been more satisfactory than it is.

When once a poll has been closed it cannot be re-opened. Arundel, Glanv. 71.

Election prolonged beyond legal time.] If the election were prolonged beyond the hour named in the several statutes, the election probably would not be void on that account, if it could be shown what was the state of the poll at four o'clock. If at that time one of the candidates was clearly in a majority, the seat ought, it is apprehended, to be given to him, and all that took place after the legal hour should be considered as forming no part of the election (a).

3. The Declaration and Return.] When the hour for closing the poll has arrived, the poll clerks at the several places of election, in English counties, must enclose and seal their several books, and deliver them publicly so enclosed and sealed, to the sheriff, under sheriff or sheriff's deputy presiding at the poll. Every deputy who receives a book must forthwith transmit or deliver it so enclosed and sealed to the sheriff or under sheriff. The sheriff or under sheriff must keep all the poll books unopened until the re-assembling of the court on the day next but one after the close of the poll. And he must then openly break the seals, cast up the number of votes as they appear on the several books, and openly declare the state of the poll, and make proclamation of the members chosen, not later than two in the afternoon of such day (b).

In English Boroughs, the poll clerks deliver their books in like manner enclosed and sealed to the returning officer, or to the deputies, who forthwith transmit or deliver them to the returning officer; who may if he think fit, declare the final state of the poll and make the return, immediately after the close of the

(a) Arundel case, Glanv. 71.

(b) 16 Vict. c. 15.

poll. He may, however, wait till the next day, and then declare the numbers polled and make the return (a).

At Scotch elections the poll books are delivered by the sheriff officiating at each polling place, to the sheriff who has to make the return. In Scotland the acting substitute superintends the poll, and signs each page of the poll book before any entries are made in the next page (b).

The declaration of the poll and the return, are made in Scotch counties on the next day but one after the close of the poll (c). By a recent enactment it is provided, that when the sheriff shall not have received the poll books transmitted from any island within the time above mentioned, he may adjourn the court from day to day, and may make the return either at the first adjourned court after he has received the books, or at the expiration of twelve days from the first adjourned court, whichever day shall first happen (d).

At Scotch burgh elections, the sheriff may, without waiting for the day fixed for the declaration in counties, make the return upon the receipt of the poll books. He is not however to do so later than two in the afternoon. He can never therefore make the return on the polling day, except when the poll has been closed at an early hour by consent of all parties; but the return may be made on the next day (e). When an election takes place for a district

(a) 2 Wm. 4, c. 45, s. 68.

(b) 2 & 3 Wm. 4, c. 65, s. 32.

(c) 2 Wm. 4, c. 65, s. 33.

(d) 16 Vict. c. 28, s. 8.

(e) 5 & 6 Wm. 4, c. 78, ss. 5 and 6.

of burghs situated in different counties, the poll books are to be transmitted by the sheriffs at the several polling places, to the sheriff appointed by the Scotch reform act to make the return for the district (a).

Irish County Elections.] Here the polling still continues for two days. The poll clerks at the close of each day's poll, enclose and seal their several books and deliver them publicly to the sheriff or his deputy, who gives a receipt for the books. On the second morning the deputy delivers the books back, so enclosed and sealed, to the person from whom he received them. At the final close of the poll, the books are forthwith delivered by the deputies to the sheriff or under sheriff, who keeps them as in England, and breaks the seals not earlier than eleven on the day next but one after the close of the poll, and declares the result at or before two on such day (b).

At Irish burgh elections, the deputy receiving the poll books, at the close of the poll, gives the poll clerk a receipt for them. The books are delivered enclosed and sealed to the returning officer, who keeps them unopened until the day next after the close of the poll, and then breaks the seals, not earlier than ten in the morning, and declares the result at or before three in the afternoon of the same day (c).

No statutory provision has been made for the safe custody of the poll books during an adjournment rendered necessary by riot. There can be no doubt, however, that the proper course would be, for the poll

clerks to deliver their respective books sealed to the deputies, who ought to give a receipt for them, and return them on the next morning to the persons from whom they received them.

it

Double Return.] When, upon casting up the poll, appears that there is an equal number of voices for two candidates, the returning officer, in England and in Scotland, ought to return them both by separate indentures (a).

The sheriff, in Scotland, is ordered to make a double return when the votes are equal; 2 & 3 Wm. 4, c. 65, s. 33. And in England it has, for a long time, been the practice, whenever the votes were equal for two candidates, to return them both. This course has been recognised by the Legislature as a correct one. The sessional orders of the House of Commons, and the act for the trial of election petitions, 11 & 12 Vict. c. 98, s. 21, make provision for the manner of dealing with such double returns.

In Ireland, the returning officer is expressly prohibited from making a double return when there is an equality of voices; 35 Geo. 3, c. 29, s. 13. The sheriff or returning officer must give a casting vote when the numbers are equal, whether he is otherwise qualified to vote or not, and whether he shall have already voted or not. Any officer returning more members than are required by the writ or precept, will forfeit 20007. to the person suing for the same, and will be for ever afterwards incapable of voting at any election of member of Parliament. When there are more presiding officers than one at

(a) Knaresborough, 1852, case of treble return.