CHAP. III. divide the subject further; namely, with reference, first to counties; and, next, to boroughs. Execution of writ gratu lish and Irish elections. 4 may 5 It be here observed, that as to elections in itons in Eng- England and Ireland,' there are express statutory enactments that no fee, gratuity, or reward shall be given, paid, received, or taken by any returning officer for making out, or for the delivery, return, or execution of any writ, and any returning officer in England who wilfully" contravenes this enactment is liable to a penalty of £500 and full costs of suit. But returning officers in England and Ireland are now by statute entitled to recover from the candidates or their nominators their reasonable charges in respect of services and expenses of the several kinds mentioned in the first schedule to the Parliamentary Elections (Returning Officers) Act, 1875; it is, however, expressly enacted in that Act that they are not entitled to payment for any other services or expenses, or at any greater rates than as in the said schedule mentioned, any law or usage to the contrary notwithstanding. This, however, does not apply to his charges for the publication of election accounts, which any elector may see on payment of one shilling.7 Notice of election. In counties.] In all county elections the first thing the returning-officer has to do upon receiv 8 1 As to the payment of returning officers in Scotland see post, p. 52; also as to Ireland, see p. 56. 2 As to England, 7 & 8 Will. III. c. 25, s. 2, App. iii.; as to Ireland, 4 Geo. IV. c. 55, s. 73, App. xvi. and Irish Act of 35 Geo. III. c. 29, s. 14, App. cli. 3 In Brown v. Langley Times Newspaper, May 9, 1874, the Court of Queen's Bench appeared to be of opinion that before the 500l. penalty could be recovered it would be necessary to prove that the gratuity had been wilfully received, and was not merely a customary payment but this case was settled, so no actual judgment was given. 4 7 & 8 Will. III. c. 25, s. 6, App. iii. 5 38 & 39 Vict. c. 84, s. 2. See App. post. 6 See App. post. 7 26 Vict. c. 29, s. 4, App. lxvi. 8 Proclamations are no longer required to be made, and by ing the writ is to give public notice within two CHAP. III. days after the day on which he receives it, between nine A.M. and four P.M., of the day on which and the place at which he will proceed to an election, of the time appointed for the election, and of the day on which the poll will be taken in case the election is contested, and of the time and place at which forms of nomination papers may be obtained.' For the preparation and publication of this notice the returning-officer is, in England and Ireland, entitled to charge any sum not exceeding two guineas.2 The notice is to be in the following form,3 or as nearly representing it as circumstances will permit + : The Returning Officer of the [county] of will, on the day of -next ensuing, between the hours of and proceed to the nomination, and if there is no opposition, to the election of a member [or members] for the said county [or division of a county] at the [insert description of place and room]. Forms of nomination paper may be obtained at [insert description of place and room] between the hours of and -on Every nomination paper must be signed by two registered electors as proposer and seconder, and by eight other registered electors as assenting to the nomination. Every nomination paper must be delivered to the Returning Officer by the candidate proposed, or by his proposer and seconder, between the said hours of and on the said day of at the said [insert descrip tion of place and room]. Each candidate nominated, and his proposer and seconder, and one other person selected by the candidate, and no other persons, are entitled to be admitted to the room. s. 15 of the Ballot Act the term "proclamation" when used in any previous enactment not repealed by the Ballot Act shall be deemed to include a public notice given in pursuance of the Ballot Act. 1 Ballot Act, rule 1, App. cii. 2 38 & 39 Vict. c. 84, sch. 1. See App. post. 3 Ballot Act, sch. 2, App. cxvii. 4 By s. 13 of the Ballot Act no election is to be declared invalid by reason of any mistake in the use of the forms in the second schedule to the act, if it appears that the mistake did not affect the result of the election. CHAP. III. Time of election: How public notices are to be given. In the event of the election being contested, the poll will take place on the day of day of 18 (Signed) A. B., Sheriff. Take notice that all persons who are guilty of bribery, treating, undue influence, personation, or other corrupt practices at the said election, will, on couviction of such offence, be liable to the penalties mentioned in that behalf in "The Corrupt Practices Prevention Act, 1854," and the Ballot Act, 1872, and the Acts amending the said Acts. And in giving notice of elections in England and Take notice that by the Parl. El. (Returning Officers) Act, 1875, it is provided that every person having any claim against a returning officer for work, labour, materials, services, or expenses, in respect to any contract made with him, by or on behalf of the returning officer, for the purposes of the election (except for publications of accounts of election expenses) shall within fourteen days after the day on which the return is made of the person or persons elected at the election, transmit to the returning officer the detailed particulars of such claim in writing, and the returning officer shall not be liable in respect of anything which is not duly stated in such particulars. With respect to the blanks left in the foregoing form for the day and hour of election, the Sheriff may appoint any day for the purpose (Sundays, Good Friday, and Christmas Day excepted 2), not later than the ninth day after the day on which he receives the writ, with an interval of not less than three clear days between the day on which he gives the notice and the day of election," and any two hours of such day between 10 A.M. and 3 P.M. 4 It may be well to mention here, once for all, that whenever a Returning Officer is required or authorised by the Ballot Act to give any public notice he shall carry such requirement into effect 138 & 39 Vict. c. 84, s. 7. See App. post. 2 Ballot Act, rule 56, App. cxii. 3 Ballot Act, rule 2, App. cii. If the election is held on the wrong day, it is not clear what effect this would have on its validity. See Longford case, 2 O. & H. 7. 4 Ib. rule 4, App. civ. by advertisements, placards, handbills, or such CHAP. III. other means as he thinks best calculated to afford information to the electors.1 notice of The next thing the Sheriff must do is to send a Transmiscopy of this notice by post, under cover, to the sion of postmaster of the principal post-office, of each election. polling place in the county, endorsed with the words "Notice of Election," and the same shall be forwarded free of charge. Upon receiving this notice, the postmaster is immediately to publish it in the manner in which post-office notices are usually published." election. The place of election is, by Rule 3 of the Ballot Place of Act, to be a convenient room situate in the town in which such election would have been held if this Act had not passed, or where the election would not have been held in a town, then situate in such town in the county as the Returning Officer may from time to time determine as being in his opinion most convenient for the electors. In order therefore to determine at what town any county election is now to be held we must ascertain where such an election would have been held before the passing of the Ballot Act. lish and counties. As to England and Wales, this may be done by As to Engreferring to the various legislative provisions which Welsh have been made from time to time for fixing the places where county elections were to be held. Where this was not fixed by positive enactment, elections were held at the place where they had most usually been held for the forty years preceding 1696. The greater number of the provisions on this head are to be found in the Reform Act, 1832,5 1 Ballot Act, rule 46, App. cxi. 2 Ballot Act, rule 1, App. cii. 3 7 & 8 Will. III. c. 25, s. 3, repealed by the Ballot Act. 4 Those counties for which the places of election are fixed by enactments other than the Reform and Boundary Acts are as follows for the West Riding, see 24 & 25 Vict. c. 112, ss. 1, 2, 3; for certain Welsh counties, see 27 Henry VIII. c. 26 and 35 Geo. III. c. 72. 5 2 Will. IV. c. 45, ss. 12, 13, 16. CHAP. III. and in the supplementary statute passed later in the same session under the name of the Boundary Act. With respect, however, to the places appointed by either of these two enactments, the Sheriff is empowered to substitute any convenient place in the neighbourhood of the place at which, previous to 1832, elections were usually held.2 The words giving this discretion, indeed, are only to be found in the Boundary Act; but, constructively, they apply equally to the places appointed by the previous statute, inasmuch as the two enactments are to be construed as one. The places of election for such divisions of counties as were effected by 30 & 31 Vict. c. 102, s. 23 (amended by 31 & 32 Vict. c. 46, s. 10) will be found in Schedule D of that Act. Signature of notice of election. What must be provided 3 4 It has been decided by an Election Committee * with regard to the Sheriff's signature at the foot of the proclamation formerly used that it may be either written or printed; it seems probable that this decision would hold good now with regard to the notice of election to be given under the Ballot Act. 5 The Returning Officer was not required by the for election, common law to make any preparations for taking the poll, if the election was contested, but now, by the Ballot Act,' he is required to provide all such 'things as may be necessary for effectually conducting an election in manner provided by the Act." If the election is not about to be contested, all that will be required will be nomination papers, for the preparation and supply of which he is in 4 2nd Sligo, 1 P. R. & D. 211; Clerk's Pr. Tr. 13. 5 See Ballot Act, s. 13, App. lxxxix. As to affixing a signature by a pen or a stamp, see Bennett v. Brumfitt, L. R. 3 C. P. 31. 6 See Rogers on Elections, ed. 12, p. 287. 7 Ballot Act, s. 8, App. lxxxviii. |