CHAP. III. these vicarious functions, the Deputy must take the oath required to be taken by the Sheriff at the commencement of the poll.1

Commissioners for administer

The Sheriff may also, if he thinks fit, appoint a commissioner, or commissioners, for the purpose of ing the elec administering the elector's oath or affirmation.2

tor's oath :

Sheriff's assessor:

Constables

persona

tion:

It is advisable that the Sheriff should also appoint an assessor to assist him in deciding any questions of law that may arise with regard to the election; but, if he does appoint one, it is expressly provided, that the candidates shall not be liable to contribute towards the fee to be given to such assessor.4

Finally, the Sheriff is bound, as in English electo prevent tions," to provide a sufficient attendance of constables, or peace officers, in each booth, or place for polling in, for the purpose of taking into custody persons charged with personating voters." And he has a discretionary power to summon all constables, bailiffs, and other peace-officers, to attend the polling-places, to keep the peace," and to perform such other things as shall be assigned to him" [qy. them?] by the Sheriff; and to appoint any number of special constables to assist them. Every constable, bailiff, or peace-officer, so employed, is to be

Their pay:

1 1 Geo. IV. c. 11, s. 24, App. xi. As to counties of cities or towns, 4 Geo. IV. c. 55, s. 67, which requires that the oath be taken before two justices, and not one only, as the Ballot Act, sch. 1, par. 54, enacts.

2 13 & 14 Vict. c. 69, s. 88, App. xliii.

3 In the Mayo case, 2 O. & H. 194, the sheriff had not appointed an assessor, and in reversing a decision of the sheriff with regard to a point of law which had arisen as to receiving the nomination of one of the candidates, Morris, J., said, "when sheriffs allow themselves to be influenced into making such ludicrous decisions as this, it ought to be a caution to them to fortify themselves with the advice and assistance of counsel." 4 13 & 14 Vict. c. 68, s. 21, App. xlii.

5 Ante, p. 41. See also Gloucester case, 2 O. & H. 62, cited ante, p. 41, note 5.

6 13 & 14 Vict. c. 69, s. 97, App. xlvii. As to the offence of personation, see post, p. 95.

paid five shillings a day for attending; but is to CHAP. III. forfeit his office and all salary due in respect of it, if he neglects to attend during the whole election, and to obey the Sheriff's lawful commands.' Persons Voters not entitled to vote at the election are not compellable to serve as special constables "unless they shall special conconsent so to do."2

liable to serve as

stables.

direct to

In Irish Boroughs.] As we have already seen3 Writ to go with regard to boroughs in England, the writ for Returning the election of a member for a borough in Ire- Officer. land is to go direct to the Returning Officer himself, unless he and his deputy happen to be absent; in which case it is to go to the Sheriff, who becomes the Returning Officer pro hac vice."

The general rules above described with regard to Notice of boroughs in England, as to giving notice of elec- election tion, and as to the time and place for holding the election, apply to all Irish boroughs without any exceptions.

tricts:

There is now no special enactment with regard Polling disto dividing any Irish boroughs, other than Belfast, Cork, Dublin, Limerick, and Waterford, into polling districts. As to these five boroughs it is enacted that they are to be divided into polling districts, and that each of the municipal wards shall be a separate polling district. It is also enacted that at every contested election for any of these five boroughs polling stations are to be erected or provided at or near the place where the

160 Geo. III. & 1 Geo. IV. c. 11, s. 22, App. xi. See also 1 & 2 Geo. IV. c. 58, sch. A., App. xiv.

2 17 & 18 Vict. c. 102, s. 8, App. liv.

3 Ante, p. 15.

4 25 & 26 Vict. c. 92, s. 3, App. Ixiv. 5 Ante, pp. 43, 44.

6 The provisions of 13 & 14 Vict. c. 68, ss. 12-14 are repealed by the Ballot Act, and it is enacted (s. 17 (2)) that the provisions of s. 5 of the Ballot Act with regard to dividing boroughs into polling districts shall not apply to boroughs in Ireland.

7 13 & 14 Vict. c. 68, s. 5, App. xxxviii,

8 Ib. s. 9, App. xl.

CHAP. III. election for the borough is usually held, at which stations all freemen are to vote, and that all persons entitled to vote in respect of any property qualification, or as occupiers of any lands, tenements, or hereditaments, shall vote at polling stations to be erected or provided within the ward upon the list of which their names shall appear, and not elsewhere.

Polling-stations and

other neces

poll.

election:

The rules as to providing a sufficient number of polling stations and of supplying at each polling saries for the station the officers and things necessary for conducting the poll, are the same for Irish boroughs as those above stated with regard to boroughs in Expenses of England.' The Returning Officer's liability, in the first instance, for expenses, is the same as in Irish counties, and the same enactments as have already been described, under the head of preparations for Irish county elections, apply in borough elections to the outlay on booths, or places for polling in :3 to the hiring, if possible, of buildings instead of erecting booths, and to the use, gratis, of certain rate-aided school-rooms; to the ultimate liabilities of candidates, or their unauthorised proposers;3 and to the Returning Officer's Staff, except that with regard to borough' elections the enactment is unrepealed, by which it is provided that if any Deputy, Sheriff, Poll Clerk. or other officer, constable, bailiff, or peace-officer, absent himself from his duty during any part of the time that the poll is kept open, he shall forfeit all compensation for his attendance during such election, and the Returning Officer may, in the case of the absence,

1 Ante, p. 46.

4

21 Geo. IV. c. 11, s. 26, App. xii., and see ante, p. 58.
3 13 & 14 Vict. c. 68, s. 19, App. xlii.

4 31 & 32 Vict. c. 49, s. 10, App. lxxix.

5 Ballot Act, ss. 6-17 (3), App. lxxxvii., xci.

6 Ante, p. 60.

7 The enactment of 60 Geo. III. & 1 Geo. IV. s. 42, which was similar to this and applied to county elections, is repealed by the Ballot Act.

neglect, misconduct, or insufficiency of any such CHAP. III. officer, immediately remove him and appoint any other person in his place.1

incapacity

The measures to be taken if the Returning Death or Officer dies or becomes incapable of acting during of returning the poll are the same as for Irish county elections.2

14 Geo. IV. c. 55, s. 63, App. xv.

2 60 Geo. III & 1 Geo. IV. c. 11, s. 24, App. xi., and see ante, p. 59.

2 officer.

Proceedings

CHAPTER IV.

PROCEEDINGS AT AND AFTER ELECTION: NOMINATION :
POLL RETURN: ELECTION EXPENSES.

Nomination Day.] The proceedings of an election,' whether parliamentary or municipal, commence with the nomination of candidates, but it may be here observed that the enactments of the Ballot Act with regard to nominations apply only to parliamentary, and not to municipal,' elections.

This nomination is no longer made viva voce in public, as it formerly was, but must now be made in writing, and takes place, as we have seen,* in some convenient room, the situation of which is specified in the notice of election. At that room

1 The enactments of the Ballot Act apply only to "the poll at a contested municipal election" (see s. 20, App. xcvi.). "The nomination at a municipal election and all proceedings with regard to it are to be conducted as before, i.e. according to the provisions of 5 & 6 Will. IV. c. 76, and 22 Vict. c.35." Per Brett, J., in Northcote v. Pulsford, L. R. 10 C. P. 483. The form of nomination paper now used in a municipal election is given in 38 & 39 Vict. c. 40, sch. 1.

2 No public formality of any kind is now necessary at a nomination in England or Ireland, as s. 7 of the Durham Act (3 Geo. III. c. 15) which required that act to be read publicly in certain English boroughs, is repealed. So also are the particular acts which related to New Shoreham, Cricklade, and Aylesbury, and which used to be read before the nomination at those boroughs. In Scotland, however, the sheriff is still required by 2 & 3 Will. IV. c. 65, ss. 29, 30, App. xxv. publicly to proclaim the writ on the day of election by reading it.

3 Ballot Act, s. 1, App. lxxxiii,