any inn, hotel, tavern, public house, or other premises licensed for the sale of beer, wine or spirits; or in any booth, hall, room, or other place directly communicating therewith, unless by consent of all the candidates, expressed in writing." 16 & 17 Vict. c. 68, 8. 7.

A similar provision as to public houses, &c. is contained in the 16 Vict. c. 28, s. 4, with regard to elections in Scotland.

No nomination shall be made or election holden of any member for any city or borough in any church, chapel, or other place of public worship. 2 Wm. 4, c. 45, s. 68.

Sections 64 and 68 of the English Reform Act give directions as to the mode of erecting polling booths. In boroughs, not more than 600 are to vote at one compartment.

On the requisition of any candidate, or of any elector being the proposer or seconder of any candidate, the booths or compartments shall be so divided that not more than 100 electors shall be allotted to poll in each booth or compartment. 5 & 6 Wm. 4, c. 36, s. 4. The candidate or elector making the requisition shall pay all expences incident upon the division.

The word candidate here would no doubt have a different interpretation from that given to the same word when used in the 71st sect. of 2 Wm. 4, c. 45. The case of Muntz v. Sturge (a) decided that the word candidate, in that section, meant one who went

(a) 8 M. & W. 302; but see definition of a candidate in "The Corrupt Practices Prevention Act," 17 & 18 Vict. c. 102, s. 38.

to a poll; but here the demand for the additional accommodation may be made before the nomination day by a candidate who afterwards declines a poll ; he would nevertheless be liable to the additional expense incurred in consequence of the requisition (a).

Irish Elections.] The arrangements with regard to polling booths at Irish elections are contained in the 13 & 14 Vict. c. 68. At contested elections in counties, not more than 600 are to poll in a booth; but on the requisition of a candidate, or proposer or seconder of a candidate, the booths shall be so arranged that not more than 300 shall poll at each booth. At borough elections, 400 may poll; but upon the requisition of a candidate, &c., not more than 200 are to be allotted to each compartment. In each case the persons demanding the additional accommodation are liable for the expense.

The expense of booths is provided for in sect. 19 of 13 & 14 Vict. c. 68. By sect. 20 of the same act, the sheriff or other returning officer must, before the day fixed for the polling, cause to be provided for the use of each booth, a true copy of the register of electors, so far as such electors are allotted or appointed to vote at each booth. The names must be arranged in alphabetical order, and the returning officer must certify every copy to be true. He must also make and print a statement or specification of the local situation of the

(a) As all the enactments on this subject are set out fully in Mr. Rogers's work on Elections, they are here given very concisely. Particular attention, however, is called to the recent enactments.

different booths; and of the division or description of electors allotted to each booth. This must be affixed to each booth, in large letters, on some conspicuous part of it.

Scotch Elections.] The arrangements to be made by the sheriff with regard to polling booths, and the preparations for the election are to be found in 2 & 3 Wm. 4, c. 65, and in 5 & 6 Wm. 4, c. 78. Some additional provisions are contained in 16 Vict. c. 28. A power is there given to the sheriff, with the consent of the Lord Advocate, to increase or alter the number of polling places; any contemplated change in this respect must be duly advertised. By section 4, the sheriff, if required by any of the candidates on or before the day of nomination, must provide two or more booths, compartments, halls, rooms, or other places for polling at each polling place; with this proviso already referred to, that no poll shall take place at any premises licensed for the sale of beer, wine, or spirits; nor in any place directly communicating with such licensed premises, except with the written consent of all the candidates.

Appointment of Deputies and Poll Clerks.] In order that the poll may be duly taken, proper superintending officers must be appointed to act at every polling place.

In England the returning officer is guided by the enactments in the Reform Act. Sect. 65 empowers the sheriff to appoint deputies, and clerks to take the poll in counties. And sect. 68 gives the returning officer the same power at borough elections. The remuneration of such officers is fixed by the 71st section of 2 Wm. 4, c. 45. The deputies are to receive two

guineas, and the poll clerks one guinea. The sheriff or other returning officer must before the day fixed for the election, cause a true copy of the register of voters to be made for the use of each booth; and this copy he must certify to be true.

The Scotch Reform Act, 2 & 3 Wm. 4, c. 65, s. 27, empowers the sheriff to appoint substitutes to superintend the taking of the poll. Such substitute is to have the assistance of a clerk or clerks, to be appointed by the sheriff, with the concurrence of the candidates, if they can agree, and if not then by the sheriff clerk of the county. Each poll clerk is to have an authenticated copy of the register.

Sect. 40 provides what is to be the remuneration. The poll clerks are to be paid one guinea each. And each substitute is to receive a fee, in no case exceeding three guineas. In the same section are contained the provisions with regard to the expense of erecting booths, &c.

In Ireland the sheriff is empowered to appoint deputies and poll clerks by 13 & 14 Vict. c. 68, s. 4, and the returning officer has the same power in boroughs by sect. 14. The deputies are to receive two pounds a day each; and the poll clerks one pound (sect. 19). This section also contains the regulations with regard to the expense of erecting booths, &c.

In the selection of deputies, the returning officer should be careful to appoint persons upon whose discretion and calmness of temper he can place reliance.

Although the duties to be discharged by the returning officer and his deputies are now purely ministerial, it may frequently happen that they may be placed in situations demanding calmness and self-possession. A

may

sudden disturbance may arise, and a deputy, at a considerable distance from the sheriff or returning officer have to decide at once whether it will be necessary to adjourn the taking of the poll to another day. It is obvious that it would be most improper to employ a timid person, who might consider every drunken disturbance as a serious riot likely to impede the business of the election.

No questions of law have now to be decided during an election; but the deputy ought to be thoroughly aware of what his duty is with regard to receiving the votes of registered electors, and recording tendered votes; and also as to how far he is justified in permitting any alteration to be made in the poll books, where the name of a voter has been erroneously recorded. These matters will be considered hereafter. All that has been here described are things to be done before the real struggle of the election begins.

2. Proceedings at the Election.

The Nomination.] All preliminary matters having been arranged, the returning officer proceeds at the day and hour named to commence the important business of the election. It will be his duty to take care that every effort on his part has been made to prevent confusion and disturbance. It will always be prudent for him to have a certain number of special constables sworn in. He must be guided in the number by the probability of there being any serious riots, and the likelihood of such constables being called upon to act.

By a recent act, voters though they are not prohibited from being special constables, cannot be com