Ib. f. 10. c. fhould be held at the most public and usual place of election within the county, where it hath been ufually held for forty years laft paft. And the sheriff is thereby forbid to adjourn the court to any other place, without confent of the candidates. But, in the county of Hampshire, he may adjourn from Winchester, to Newport in the Isle of Wight, at the requeft of one of the candidates. And fo effential is the place of election prefcribed by the ftatute, that when any particular circumstance requires a variation, the legislature itself muft interpofe to authorize it. Therefore, during. the laft war, there being prifoners ftationed at Winchester, who required a guard, and the foldiery being, by other ftatutes, ordered to be removed during the election, it was enacted that the election fhould be held at New Alref ford, and not at Winchefter. 20 G. 3. c. I. When and how the poll taken in counties. f. 1. . The writ having been delivered to the fheriff, as before directed, and the other requifitions of notice, time, and place being com→ plied with, if the election be not determined on a view, the sheriff, if required, muft take 25 G. 3. c. 84. the poll: And by the 25 G. 3. it is enacted, that the poll shall commence on the day demanded, or on the next day, unless Sunday, and then upon the following day, and not to continue more than 15 days, Sunday excepted; and the poll is thereby required to be kept open each day during its continuance, for feven hours at leaft, between the hours of eight and eight; and for the better taking of S. 3. the 25. S. 3. the poll, the following regulations, enacted 7 & 8 W. 3. cò by statute, must be complied with. The fheriff, or, in his abfence, the under sheriff, with fuch others as he fhall depute, fhall forthwith proceed to take the poll. The clerks are to take it in the prefence of the fheriff or under-fheriff, or fuch as fhall be deputed; and the fheriff, or under-fheriff, fhall fwear the clerks truly and indifferently to take fuch Clerks. poll, and to fet down the name of the freeholder, the place where his freehold lies, and for whom he is polled. And that the candidates may be properly guarded against any impofition, it is thereby further enacted, that the sheriff, or, in his abfence, his under-fheriff, fhall appoint, for each candidate, fuch one Inspectors. perfon as he shall nominate, to be inspector of every clerk appointed to take the poll. And in order to facilitate the poll, and to prevent confufion, it is enacted, that booths fhall be erected at the expence of the candidates, proportioned to the hundreds within the county, not exceeding fifteen in number, and a clerk fhall be appointed to take the poll at each booth. And lifts fhall be made out of the Voting by the towns, villages, parishes, or hamlets, in the hundred, rape, or district, a copy whereof fhall be delivered to each candidate on request, and none are to vote for lands lying within any other hundred, town, parish, &c. except in thofe mentioned in the lifts of fuch booth, unlefs fuch lands lie in fome place not men hundreds. tioned in any of the places within any of the lifts. In the Glofterfhire cafe, objection was taken to the vote of a freeholder who had voted in a booth, though the place for which he had voted was not in the lifts of that booth; but as the poll clerk had taken his vote, the committee would not fet it afide. But where the voter had given in his freehold in one hundred or parish at the poll, he was not allowed to fupport his vote before the committee, by prov ing it in a different hundred and parish. But the regulations of the 25 G. 3. as to the place and manner of taking the poll will be virtually repealed by the 28 G. 3. from the 10th July 1790, which provides, that at every county election, the fheriff of the county fhall, for the taking of the poll, provide for each parish, or other diftrict, for which one or more collector or collectors of the land-tax fhall be appointed, a feparate book or paper, or separate books or papers, of the form therein (and in the Ap. pendix) fpecified. And every freeholder fhall give his vote at fome poll-book or paper provided for fuch parish or diftrict, in the register of freeholders for which fuch freeholder shall have been enrolled pursuant to the faid act; and every fuch poll fhall be taken down in the form and manner therein (and in the Appendix) fpecified. And it is thereby expressly enacted, that the fheriff, or other perfon legally authorised to take the poll, shall have no judicial power to decide upon the right of vot ing, but fhall take any vote that fhall be ten- ed. fuch election; and if within one hour after fuch Scrutiny limitvotes have been caft up, a fcrutiny fhall be demanded by any candidate, or by any ten freeholders of the county, in writing, under his or their hand or hands, alledging that one or more perfon or perfons had voted at the election, who had neglected to comply with. the directions of that act, then the fheriff fhall grant a fcrutiny, and fhall proceed therein on the day following, unless it be a Sunday or other day therein excepted, and then the day after; and the clerk of the peace for the county, or the riding or divifion within the fame, fhall attend the fheriff on every day of the fcrutiny, and fhall carry with him all copies of enrolments, and books wherein memorials of leafes fhall have been enrolled, and all books of entries of certificates and memorials kept by him in pursuance of that act; and if it shall appear on fuch scrutiny that any person shall bave voted without having been enrolled, or in virtue of a leafe whereof no memorial fhall have been enrolled, or fhall have voted for any annuity or rent charge, without having complied with the 3 G. 3. c. 24. the sheriff shall reject S. 41. S. 39. 19 G. 2. c. 28. Cities, counties of themselves. Iffuing of the piecept. Inft. 49. reject the vote, and in the original poll-book, oppofite the vote, fhall write the word " rejetted," but fhall not ftrike out or erafe the entry of fuch vote. No perfon has a right to vote for a burgefs of Cricklade, who has not qualified within this act. And it is exprefsly enacted, that no perfon fhall be liable to have his vote difallowed by a felect committee of the house of commons for want of, or defect in, title to the estate for which he fhall have caufed his name to be enrolled, or for which he fhall have voted, provided he shall be in poffeffion of the rents and profits for his own ufe, and it fhall be a free, hold eftate for life, or fome greater eftate therein. In cities which are counties of themselves, there are particular regulations alfo to be ob ferved at the taking of the poll, which have been before, mentioned pretty much at large; and the fheriff is there alfo directed to allow a cheque-book for every poll-book, for each candidate, to be kept by the inspector. For the election of citizens and burgeffes, the writ itfelf does not iffue to the returning officer, but to the fheriff, who fends his precept, under his hand and feal, to the principal magiftrate within the city and borough (wherein by reafon of the local jurisdiction he cannot interfere), directing him to comply with the fubftance of the writ,-which is fhortly fet forth. Lord Coke obferves, what indeed necef |