How in Scot of king's bench, be fined and imprisoned at the discretion tion to be made, tion on some than 10th nor 57 Geo..c.131. s. 1. Poll to com P. 75. l. 15. to P. 80. 1. 2. The time and mode of hold- Sheriff to indorse the writ of ing elections in Ireland as regulated by the 35 Geo. 3. election with c.29.1r. and 37 Geo. 3. c. 47. Ir. is altered by the 57 Geo.3. the date of recerving it, and c. 131. I. which enacts, (s. 3.) that immediately after in 2 days after the receipt of the writ for the election of a knight to serve cause roclama in parliament for any county in Ireland, the sheriff of and affir notice such county shall indorse on the back thereof the date of of holding elec receiving the same; and, within 2 days after the receipt day not sooner thereof, cause proclamation to be made at the place where later than 16th the ensuing election ought by law to be holden, and cause after. to be affixed on the door of the county court-house public s. 3. 1. notice thereof, signed by himself, of a special county court to be there holden for such election only, on any day, (Sunday excepted,) not later from the day of making such proclamation, and affixing such notice, than the 16th day, nor sooner than the 10th day. And by s. 1. every poll which shall be demanded at any election for a member or members to serve in parliament for any county, day when decity, borough, or place in Ireland, shall commence upon manded, or next day, except the day on which the same shall be demanded, or upon it be Sunday, the next day at farthest, (unless it be a Sunday, Christmas §¤. day, or Good Friday, and then on the day next after,) and shall be duly proceeded in from day to day, (Sundays, Christmas day, and Good Friday always excepted) until the same be finished; but so as that no poll at any election held by virtue of a writ, shall continue longer than the Poll not to con40th day at furthest after the test thereof; and if by virtue tinue longer of such writ the election shall be held by precept, no poll after test of at such election shall continue longer than the 30th day at writ; or 30th day where elecfarthest after the date thereof; and if such polls shall con- tion held by tinue respectively until such 40th or 30th day, then the close at 3 same shall be finally closed at or before the hour of three o'clock of said day. in the afternoon of the same day; and the returning officer Returning offishall immediately, or on the day next after the final close cer when to de mence on the than 40th day precept, and to clare the name of of the person having majori- of the poll, truly, fairly, and publicly declare the name ty. $ 2. Returning officer to close booth after 4th day, if no more than 20 electors have polled, &c. S. 4. or names of the person or persons who have the majority of votes on such poll, and shall forthwith make a return of such person or persons. And by s. 2. returning officers are required, on any day after the 4th day of polling, to close finally any booth in which no more than 20 electors have polled, or have been referred for decision to the booth of such returning officers, during that day. P. 77. l. 6. This act provides (s. 4.) that whenever in Where freehold any barony or half barony of any county in Ireland, the ers registered number of freeholders registered (within 8 years previous &c. exceed 2000, sheriff at to the test of the writ, and exceeding 12 calendar months the written re quest of candi- previous to such test,) shall exceed ́ 2000, the sheriff shall, date, to divide tically, so that no more names alphabe- on receiving written notice thereof from any candidate, divide alphabetically, as equally as can be, (but so as not than 2000 shall in any case to divide the names beginning with the same poll in one booth. letter,) all the names of the freeholders so registered in such barony or half barony, so that it shall not be neces ditional booths, jointly. S. 5. Sheriff to have sary for more than 2000 to poll in any booth, and to erect as many more booths, or hire as many more buildings, as may be necessary for this purpose, and to appoint as many additional deputies or other officers as shall be necessary to take the poll at such additional booths or buildings, not exceeding one deputy and one poll clerk to each such Expense of ad- booth or building; and the expense of every such addi&c. to be paid tional booth or building, and the wages of every such adby candidates ditional deputy or officer, at the same rate as other booths, &c. and as other deputies, &c. shall be paid to the sheriff by all candidates jointly on demand. By s. 5. in order that any reference made to the sheriff should not interrupt the poll, the sheriff of any county is required to erect a booth or hire a building, wherein he shall decide such cases as may be referred to him, exclusive of the number of booths or buildings required by law; and to give his constant attendance therein, during the entire number of hours that the polling shall continue each day. And this act (s. 6.) recites the 51 Geo. 3. c. 77. Commissioners s. 4. I. (vide Addenda p. 5.) and that there are other oaths appointed for administering besides those enumerated in said act, which voters at elecall oaths, &c. tions may be required to take, the present mode of admiexcept bribe y oath, &c. a separate booth for the decision of points refer red to him. S. 6. nistering aistering whereof is attended with delay and inconveni- missioners. By s. 7. S. 7. every person so appointed shall, immediately after such Oath of such appointment, and before he shall act, take the following justices or comoath, in place of the oath required by the "51 Geo. 3 c. 77. "i A. B. do swear, that I will faithfully and imparti"ally administer the oaths, and take the affirmations, "now required by law to be taken or made by voters at "elections for members to serve in parliament,, (except "the bribery oath or affirmation) to and from such per"sons as shall lawfully apply to me in that behalf, in order "to qualify themselves to vote at this election:" which oath the returning officer or officers, or any of them, shall administer; and such clerk of the peace, or a deputy Clerk of the appointed by him for the purpose, (as required by the peace o his deputy to attend 51 Geo. 3. c. 77.) shall attend each of such justices of the each justice, peace during the administration of such oaths, &c. and and give certifishall give, without fee or reward, to every person who shall take such oaths, &c. a certificate thereof in manner herein after mentioned, and shall take the following oath in place of the oath required by the 51 Geo. 3. c. 77. "I Oath of clerk or deputy. "A. B. do swear, that I will, on being thereunto request"ed, fairly and truly give, without fee or reward, to "every such person, or any of them, who shall take "such oaths or make such declarations or affirmations re"spectively, or any of them, as are now by law required "to be taken or made by voters at elections for members "to serve in parliament, before the justices of the peace "appointed by the returning officer, a certificate thereof; " and that I will not give such certificate to any person be"fore he shall have taken such oath or oaths, or make "such declaration or declarations, affirmation or affirma ❝tions cate, s. 8. Any elector have oaths, &c. ❝tions respectively, as shall be mentioned in such certifi+66 cate, in my presence;" which oath the returning officer or officers, or any of them, shall administer. By s. 8. after the persons so appointed shall have taken suchmay demand to oath, any person claiming to vote at such election may, alministered. before he shall give his vote, apply to any one of the persons so appointed and sworn, to take the oaths, and make the declarations and affirmations, or any of them; and the person to whom such application shall be made, shall accordingly administer the same to such person so claiming a right to vote; and the said clerk of the peace, or his deputy so sworn, &c. shall, immediately upon such oaths, &c. being taken and made, sign and deliver a certificate thereof to such person, which certificate shall contain the name, addition, and place of abode of the person to whom the same shall be so given; and in case of persons taking the said oath shall be in the terms following: A. B. Form of certi (naming the person taking the oath, &c.} of (naming the ficate to be gi ven to persons place of such person's abode, and his addition or occupataking the tion) has taken the oath (or oaths, affirmation or affirmations, declaration or declarations) of (naming the said oath, &c. so administered,) before me this ouths, &c. day of And every person to whom such certifi cate shall be so given, shall, on producing the same to the person or persons lawfully taking the poll at such election, be deemed to have taken or made such oaths, &c. as if the same had been taken or made in manner required before the passing of this act. By s. 9. when any person offering to vote, without producing such certificate, shall be lawfully required to take the said oaths, or make the said declarations or affirmations, or any of them, then such oaths, &c. shall not be administered by the returning officer or other person taking the poll, or at the place of taking the poll, but such elector shall immediately withdraw, and shall take the said oaths, or subscribe and make the said declarations, &c. before one of the commissioners appointed and sworn as aforesaid. By s. 10. every elector having received such certificate as aforesaid, shall, so soon as he shall have polled, deliver the same to the person taking the poll, who shall forthwith cancel the same. s. 11. Number of per sons to adminis quest of any s. 12. same. By s. 11. if it shall be found that the poll is delayed for want of a sufficient number of persons to administer such oaths, &c. then the returning officer ter oaths enshall, at the request in writing of any candidate then creased at re present, appoint such further number of persons for ad- candidate. ministering baths, &c. and granting certificates, as shall be necessary, who shall take the like oath as the person first appointed. By s. 12. the returning officer is required to provide a proper place for every person so appointed to Poper places to be provided execute his said duty, to which the electors may have acfor pe sons adcess, without interrupting the poll, and so as the persons ministering so appointed shall not interfere with each other; and each of said places shall be open, and attended by the person so appointed to act there, during all such times as the poll shall be kept open, and shall continue at least 8 hours in Attendance 8 every day, between the hours of eight in the morning, and eight in the evening, until the final close of the poll; and the said oaths, &c. shall respectively be administered Oath, &e. not to as many of the 'electors as can conveniently take or more than 12 at make the same together, not exceeding 12 at a time; and a time. the returning officer shall provide and deliver to each per oaths, &c. hou: s. administered to vided. s. 13. cer to provide son who shall be appointed by him, a sufficient number of Printed certifi printed certificates, agreeable to the form herein before di- cates to be prorected, to be filled up as occasion may require, and signed by the clerk of the peace, or his deputy appointed or sworn, and attending on such person as aforesaid, and delivered to each elector so taking or making said oaths, &c. And by 's. 13. in case any candidate shall, 3 days at least before any such election, give or cause to be given notice Returning offiin writing to the returning officer, to provide proper pla-booths, &c. ces for administering said oaths, &c. then booths or other upon receiving 3 days notice proper places shall be provided, so as to be ready against from any candithe day of election; the expense of which booths, &c, and date. of the said printed forms, and also the allowance and com- Expenses of booths, &c. and pensation, if any, to be made to the several justices of certificates and peace administering such oaths, &c. for their trouble and attendance, not exceeding one guinea a day to every one peace, deputies, &c. to be paid of them, and also the allowance and compensation to be to returning 'made to the clerk of the peace, or his deputies appointed officer by canas aforesaid, not exceeding half a guinea a day to every of them compensation for clerk of the didates jointly. |