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the poll. 13 & 14 Vict. c. 69, s. 88. As Deputies have the same power of administering oaths at the poll as the Sheriff or Returning Officer himself: 2 & 3 W. 4, c. 88, s. 50; 13 & 14 Vict. c. 69, s. 88: this is an appointment which need seldom be made: it may, however, be found convenient to resort to it where no Interpreter has been appointed, and the presiding Deputy is himself unable to translate the oath or questions and answers at the poll.

It is competent to the Sheriff or other Returning Assessor. Officer to employ counsel to assist him in the execution of his duty; and each candidate is at liberty, though he is not liable, to pay or to contribute to the payment of the fee of the Assessor so appointed. 35 Geo. 3, c. 29, s. 22; 13 & 14 Vict. c. 68, s. 21; 1 &

2 Geo. 4, c. 58, s. 2, and Schedule A.

The Sheriff or other Returning Officer has power Constables. to summon all Constables or other Peace-officers to attend the places of polling, to keep the peace and to perform such other things as shall be assigned

Constables.

to them by him: 1 Geo. 4, c. 11, s. 22; 4 Geo. 4, c. 55, s. 66: he may appoint any number of Special Special Constables that he may think proper to aid and assist: ibid: of whom two attending each place of polling may be paid Five shillings each for the day's polling : 1 and 2 Geo. 4, c, 58, Sch. A.: no person, however, having a right to vote at the election, is liable or compellable to serve as a Special Constable at or during such election, unless he consent to act. 17 & 18 Vict. c. 102, s. 8. He is required also to provide a sufficient attendance of Constables in each

Expenses of
Elections.

.

booth to take into custody persons charged with personation. 13 & 14 Vict. c. 69, ss. 93, 97.

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The Sheriff or other Returning Officer is entitled to charge the candidates, jointly, for each ordinary polling booth or compartment, a sum not exceeding £3 if in a public building, or £5 if not in a public building; £2 for each Deputy and £1 for each Pollclerk, for the day's polling: 13 & 14 Vict. c. 68, 8. 19: ten shillings for each Interpreter for the day's polling when his attendance at the poll is required: 1 & 2 Geo. 4, c. 58, Sch. A.: and five shillings each for two Special Constables for each polling booth (a) or compartment: 1 Geo. 4, s. c. 11,26; 1 and 2 Geo. 4, c. 58, Sch. A.: and for all incidental expenses, such as indentures, stamps, poll-books, advertisements, stationery, and all other expenses belonging to the execution of the writ, a sum not exceeding the rate of £3 per each polling booth (a) or compartment. 1 & 2 Geo. 4, c. 55, Sch. A. If additional booths or compartments had been required by any candidate or elector, all the additional expenses occasioned by complying with that requisition must be paid by the particular candidate or elector who made it. 13 & 14 Vict. c. 68, ss. 3, 13. If any candidate be proposed without his consent, the person proposing him is made liable for his share of the expenses as if he had been a candi

(a) The expression "place of polling" is used in the earlier statutes as synonymous with "polling-booth ;" and must not be confounded with "polling place" in the more modern statutes, which has a more extended signification.

date. 13 & 14 Vict. c. 68, s. 19. All the above expenses ought to be defrayed in the first instance by the Sheriff or other Returning Officer: 1 Geo. 4, c. 11, s. 26; and are to be repaid to him by the candidates upon demand. 35 Geo. 3, c. 29, s. 6. No deposit or advance towards his share of the election expenses: 2 & 3 W. 4, c. 88, s. 48: can be made by or on behalf of any candidate save through his Agent for election expenses: 26 Vict. c. 29, s. 2: and the claim against each candidate for his share of the election expenses should be sent in to the candidate's Agent for election expenses within one month from the day of the declaration of the election. 26 Vict. c. 29, s. 3.

Deputy's duties.

CHAPTER III.

OF THE DUTIES OF THE INFERIOR OFFICERS.

THE Deputy, before he proceeds to take the poll,
must take and subscribe in open Court the prescribed
form of oath: 35 Geo. 3, c. 29, s. 9; 4 Geo. 4,
c. 55, s. 37(a): he is bound to obey the written
and any other instructions which may be given
to him by the Sheriff or Returning Officer: 1 Geo.
4, c. 11, s. 13; 4 Geo. 4, c. 55, s. 61; vide
post, App. No. 7: and, as appears by his oath, to
make a fair and true return of all such persons as
shall tender their votes before him. If he unneces-
sarily and wilfully protract the poll, or be guilty of
any unnecessary and wilful delay in taking it, he
forfeits the sum of £500 to any person who will sue
him for it: 35 Geo. 3, c. 29, s. 15; 4 Geo. 4, c. 55,
s. 69 and if he absent himself from the duty of his
office, during any part of the time the poll is kept
open, he forfeits all claim to compensation for his
attendance. 1 Geo. 4, c. 11, s. 42; 4 Geo. 4, c. 55,
s. 63. He is liable to be removed, or changed from
one booth to another, by the Sheriff or Returning
Officer: 35 Geo. 3, c. 29, s. 7; 4 Geo. 4, c. 55,
s. 42: who is bound to remove him in case of his
absence, neglect, misconduct, or insufficiency, and to

(a) Vide ante, p. 14.

appoint another in his place: 1 Geo. 4, c. 11, s. 42; 4 Geo. 4, c. 55, s. 63 and if he continue to take the poll, after his deputation has been revoked, he forfeits the sum of £50 to any person who will sue him for it; and every vote admitted by him, after such revocation is void. 35 Geo. 3, c. 29, s. 10; 4 Geo. 4, c. 55, s. 62.

turning

sworn De

In case of the death or severe illness of the Sheriff In case of death or illor other Returning Officer during the poll, the first ness of Resworn Deputy is required, under a penalty of £500, Officer, first to proceed with the poll, and to act in every respect puty to act. as if he had been originally the Returning Officer; and to take the oath by law to be taken by the Returning Officer at the commencement of the poll, which oath any two Justices of the Peace are authorized to administer; and he is required to proceed with and finally close the poll at the time required, and to make a return of the persons who have the majority of votes, unless his authority shall be superseded by the recovery of the Returning Officer. In In case of case of the death or severe illness of the first sworn death, next Deputy, the next in succession is to act as the Returning Officer, under the like penalty, and with the same powers, and taking the Sheriff's or Returning Officer's oath in the same manner; and so on, each Deputy in succession is required to act as Returning Officer in case of the death or severe illness of the acting Returning Officer: 1 Geo. 4, c. 11, 8. 24; 4 Geo. 4, c. 55, s. 67: and other Deputies are to be appointed; but the Deputy taking the place of Returning Officer is entitled to the same

his illness or

sworn De

puty to act,

and so on.

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