Page images
PDF
EPUB
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

APPENDIX.

The Reform Act, 1832.

2 WM. IV. c. 45.

officers may

(70.) That nothing in this Act contained shall prevent any When returning sheriff or other returning officer, or the lawful deputy of any close the poll returning officer, from closing the poll previous to the expira- before expiration of tion of the time fixed by this Act, in any case where the same the time fixed. might have been lawfully closed before the passing of this Act; and that, where the proceedings at any election shall be interrupted or obstructed by any riot or open violence, the sheriff or other returning officer, or the lawful deputy of any returning officer, shall not for such cause finally close the poll, but, in case the proceeding shall be so interrupted or obstructed at any particular polling place or places, shall adjourn the poll at Adjournment of poll in case such place or places only until the following day, and if necesof riot.* sary shall further adjourn the same until such interruption or obstruction shall have ceased, when the returning officer; or his deputy shall again proceed to take the poll at such place or places, and any day whereupon the poll shall have been so adjourned shall not, as to such place or places, be reckoned the day of polling † at such election within the meaning of this Act; and wherever the poll shall have been so adjourned by any deputy of any sheriff or other returning officer, such deputy shall forthwith give notice of such adjournment to the sheriff or returning officer, who shall not finally declare the state of the poll, or make proclamation of the member or members chosen, until the poll so adjourned at such place or places as aforesaid shall have been finally closed, and delivered or transmitted to such sheriff or other returning officer, anything hereinbefore contained to the contrary notwithstanding.

The same provisions are re-enacted by s. 8 of the 5 & 6 Wm. IV. c. 36, 80 as to apply also to the nomination day. See, as to Ireland, s. 18 of the 13 & 14 Vic. c. 68.

[ocr errors]

These words were substituted by the 16 Vic. c. 15, s. 3, for the words 'one of the two days of polling."

APPENDIX.

No inquiry at time of election except as to

identity of the

voter and

whether he has

already voted.

Oath to be taken, if required.

No other oath to be taken.

The Registration Act, 1843.

6 VIC. c. 18.

81. That in all elections whatever of a Member or Members to serve in Parliament for any county, riding, parts or divisions of a county, or for any city or borough in England or Wales, or the town of Berwick-upon-Tweed, no inquiry shall be permitted at the time of polling as to the right of any person to vote, except only as follows (that is to say)—that the returning officer or his respective deputy shall, if required on behalf of any candidate, put to any voter at the time of his tendering his vote, and not afterwards, the following questions, or either of them* :

1. Are you the same person whose name appears as
A. B. on the register of voters now in force for the
county of
[or for the riding, parts, or

division of the county of

[or borough] of

], or for the city

[as the case may be]?

[or as the

2. Have you already voted, either here or elsewhere, at this election for the county of

case may be]?

And if any person shall wilfully make a false answer to either
of the questions aforesaid, he shall be deemed guilty of a mis-
demeanour, and shall and may be indicted and punished
accordingly; and the returning officer or his deputy shall, if
required on behalf of any candidate at the time aforesaid,
administer an oath to any voter in the following form :-
"You do swear [or affirm, as the case may be], that you

are the same person whose name appears as A. B.
on the register of voters now in force for the county
of
[or as the case may be], and that you
have not before voted, either here or elsewhere, at
the present election for the county of

[or as the case may be].

So help you God.”

82. That, save as aforesaid, it shall not be lawful to require any voter at any election whatever of a Member or Members to serve in Parliament, to take any oath or affirmation, either in proof of his freehold, or his residence, age, or other qualification or right to vote, any law or statute, local or general, to the contrary notwithstanding; nor to reject any vote tendered at such election by any person whose name shall be upon the register of voters in force for the time being, except by reason

* This enactment is now extended to Scotland by the 43rd Vic. c. 18.

of its appearing to the returning officer or his deputy, upon putting such questions as aforesaid, or either of them, that the person so claiming to vote is not the same person whose name appears on such register as aforesaid, or that he had previously voted at the same election, or except by reason of such person refusing to answer the said questions or either of them, or to take the said oath, or make the said affirmation, no scrutiny shall hereafter be allowed by or before any returning No scrutiny to officer with regard to any vote given or tendered at such election, any law, statute, or usage to the contrary notwithstanding.

be allowed.

detect

85. That it shall be lawful for any candidate at any election Agents may be appointed by of a member or members to serve in Parliament for any candidates to county, city or borough, previous to the time fixed for taking personation at the poll at such election, to nominate and appoint an agent on the time of polling. his behalf to attend at each or any of the booths appointed for taking the poll at such election, for the purpose of detecting personation; and such candidate shall give notice in writing to the returning officer, or his respective deputy, of the name and address of the person so appointed by him to act as agent for such purpose, and thereupon it shall be lawful for every such agent to attend during the time of polling at the booth or booths for which he shall have been so appointed.

officers may

personation to

custody.

86. That if at the time any person tenders his vote at Returning such election, or after he has voted and before he leave the order persons polling booth, any such agent so appointed as aforesaid, shall charged with declare to the returning officer, or his respective deputy, be taken into presiding therein, that he verily believes, and undertakes to prove, that the said person so voting is not in fact the person in whose name he assumes to vote or to the like effect [or that he has already voted at the election], then and in every such case it shall be lawful for the said returning officer, and he is hereby required, immediately after such person shall have voted, by word of mouth to order any constable or other peace officer to take the said person so voting into his custody, which said order shall be a sufficient warrant and authority to the said constable or peace officer for so doing. Provided always that nothing herein contained shall be Vote not to be construed or taken to authorise any returning officer, or his rejected if deputy, to reject the vote of any person who shall answer in answered in the the affirmative the questions authorised by this Act to be put to him at the time of polling, and shall take the oath or make the affirmations authorised and required of him, but the said returning officer, or his deputy, shall cause the words

questions

affirmative.

« PreviousContinue »