Persons polling twice, or assistant deputy clerks of the peace, poll-clerks, and other clerks, interpreters, and constables, bailiffs, or other peace officers, and all other persons directed by this Act and by other Acts of parliament to be employed by the returning officer or officers for the conducting of an election for any county, city, borough, or other place, and also the expense of making proclamations and returns, and of stationery, and of advertisements, and all other expenses necessary for the purpose of providing the means of taking the poll at any such election shall in the first instance be paid by the returning officer presiding at such election. 36. That every person who shall poll a second time or offer to pull a second time at the same election, or who shall personating personate any other person* [or attempt to personate any voters, may other person], for the purpose of polling at such election, be punished shall be guilty of a misdemeanour, and upon being thereof convicted in any of His Majesty's courts of record in prisonment. Dublin, shall be imprisoned for any term not more than two years, at the discretion of the judge or judges who shall try such person. by two years' im No charges to be made for elections in Ireland 1 & 2 Geo. 4, c. 58. "WHEREAS it is expedient to regulate the expenses of elections of members to serve in Parliament for Ireland;" Be it therefore enacted, &c., That from and after the passing of this Act, no other charges shall be made for any included in thing performed or done in the execution of any writ or but those Schedule (A). No persons but those mentioned in schedule entitled to fees. No rewards or presents to be given to returning officers. precept for holding an election in Ireland, besides the charges set forth in the schedule (A) to this Act annexed, any Act to the contrary notwithstanding. 2. That no other person besides the persons mentioned in the said schedule, shall be entitled to receive any fee or reward for anything performed or done in the execution of any writ or precept for holding an election, any Act to the contrary notwithstanding. 3. That no person to be hereinafter elected to serve in parliament for any county, city, or town, or borough, shall, by himself, his friends, or agents, or by any person or persons employed in his behalf, directly or indirectly give any fee or reward of any kind, or make any payment of money by way of compliment or gratuity, or upon any account whatever, to any sheriff or under-sheriff, deputysheriff, returning officer, or deputy returning officer, clerk of the peace or deputy clerk of the peace; and that every such person or persons who shall so give any fee or reward of any kind, or make any payment of money by way of com * Words between brackets omitted in 4 G. 4, c. 55, s. 82. pliment, or gratuity, or upon any account whatever, to any sheriff or under-sheriff, deputy, deputy-sheriff, returning officer, deputy returning officer, clerk of the peace, or deputy clerk of the peace, shall be and is and are hereby declared to be disabled and incapacitated to serve in parliament upon such election for such county, city, town, or borough. as in 5. That from and after the passing of this Act, no Agents, &c. candidate at an election for any county, city, town, or to be paid borough, shall pay to any barrister, agent, inspector, or schedule clerk, any sum or sums of money for his attendance or (B). trouble at any such election, which shall exceed the sum or sums set forth in the schedule (B) to this Act annexed. schedule. 6. That if any such candidate shall give, by himself, his No rewards, friends, or his agents, or by any person or persons employed &c. to be given to by him or them, any sum or sums of money, fee, retaining agents, fee, office, place, or employment, gift, or reward, or any &c. above promise or security for any money, fee, retaining fee, office, what is place of employment, to any barrister, agent, inspector, or specified in clerk, for doing any thing of and concerning any matter relating to any such election, directly or indirectly, over and above the sum or sums set forth to be paid in the said schedule to any barrister, agent, inspector, or clerk, he shall be and is hereby declared to be disabled and incapacitated to serve in parliament upon such election for such county, city, town, or borough. tending the writ, &c. 8. That nothing in this Act contained shall cause any Candidates candidate at an election for any county, city, town, or not liable to borough to be liable to the payment of any charge or expense atcharges for the expenses attending the execution of any writ or precept for holding an election, to which he was not liable previous to the said Act of the first year of the reign of his present Majesty; [except for such additional places of polling, and additional deputy clerks of the peace, and deputy assistant clerks of the peace, as are by the said Act required to be provided.] * SCHEDULE (A). Charges for executing a Writ or Precept for holding an Election. +For providing each place of polling or booth for commissioners, for administering oaths of qualification to Roman Catholics, each place of polling or booth not being in a public building, a sum not exceeding £ s. d. 15 0 0 *The words in brackets are repealed by Stat. Law Revision Act, 1873, This item is repealed by Stat. Law Revision Act, 1873. *Such place of polling or booth being in a pub- . *For each poll-clerk, for each day's polling, a sum not exceeding . *For each deputy clerk of the peace, for each For each constable (of whom not more than two 050 The said allowances to cover all extra and incidental expenses belonging to each of the above-mentioned persons. For all incidental expenses, such as indentures, stamps, poll-books, advertisements, stationery, and all other expenses belonging to the execution of a writ or precept for holding an election, a sum not exceeding the rate of three pounds for each place of polling. SCHEDULE (B). Payments which a Candidate may make at an Election to his Counsel, Agents, Inspectors, and Clerks. To one barrister, as counsel for attending the election, [and for the first day's polling,] a sum not exceeding * For each subsequent day's polling, a sum not exceeding To one conducting agent, a sum not exceed ing * Ånd an additional sum to cover all expenses bona fide incurred for making up books, and for other expenses necessary for taking a poll. To every other agent or inspector, [for the first day's polling,] a sum not exceeding £ s. d. 50 0 0 11 7 6 100 0 0 6 16 6 * For every subsequent day's polling, a sum not exceeding 3 8 3 These items are repealed by Stat, Law Revision Act, 1873, To each cheque clerk, and other clerk, [for each £ s. d. day's polling,] a sum not exceeding 0 15 0 The said allowances to cover all expenses for lodging, 4 Geo. 4, c. 55. 33. A re-enactment of 1 Geo. 4, c. 11, s. 5, as applies to cities and towns being counties.* at election. 63. That any deputy-sheriff, poll clerk, clerk of the peace, Officers negdeputy clerk of the peace, assistant deputy clerk of the peace, lecting duty deputy town clerk, or other officer, interpreter, constable, bailiff, or peace officer, who shall absent himself from the duty of his office at any election of a member or members to serve in parliament for any county of a city, or county of a town, during any part of the time that the poll shall be kept open on each day, shall forfeit all compensation for his attendance during such election; and the returning officer is hereby authorised and required in case of the absence, neglect, misconduct, or insufficiency of any such person or persons immediately to remove any such person or persons, and to appoint a person or persons to fill his or their place or places.+ 66. Re-enactment of 1 G. 4, c. 11, s. 22, quod vide.+ illness of perform the 67. That in case of the death or the severe illness of any In case of returning officer during the continuance of the poll at any death or election for a county of a city or a county of a town, it shall returning and may be lawful [for the other returning officer, if there officer, be two such returning officers,] or for the first sworn first sworn deputy [if there be but one returning officer, or being two deputy shall returning officers, in case of the death or severe illness of duty. both such returning officers], and he is hereby required, under the penalty of forfeiting £500, and such other returning officer or such sworn deputy, as the case may be, to any person who shall sue for the same, to proceed with the poll, and to act in every respect for all the purposes of the election, and with all the power and authority to do any act required by law to be done by a returning officer at any such election, as if he had been originally the * Ante, p. xi. + The similar section as to counties, viz. 60 Geo. 3 & 1 Geo. 4. c. 11, s. 42, is repealed by the Ballot Act. Ante, p. xi, In case the first sworn deputy should not be able to succession shall perform the duty. returning officer; and that such deputy shall take the oath directed by law to be taken by the returning officer at the commencement of the poll, which oath any two justices of the peace are hereby authorised to administer; and that such other returning officer or deputy shall proIceed with the poll, and finally close the same at the time herein before required, and make a return of the person or act, then the persons who hath or have the majority of votes, unless his deputies in authority shall be superseded by the recovery of the returning officer; and that in case of the death or severe illness of such first sworn deputy, the next deputy in succession shall act as the returning officer, subject to the like penalty, and with the same powers, and take the returning officer's oath in manner aforesaid, and so on, each deputy in succession shall in like manner act as the returning officer in case of the death or severe illness of the acting returning officer [and another deputy, or other deputies shall be appointed in lieu of the deputy or deputies who may thus take the place of such returning officer or officers: Provided always that the deputy, who shall thus take the place of such returning officer shall be entitled to the same remuneration for his services at such election as if he had continued to act as deputy]. Returning officer to certify numbers who voted for respective candidates. No fee to returning officer. 71. That in every case in which a poll shall take place at any election for any county of a city or county of a town in Ireland, the returning officer shall certify in his return to the writ for holding such elections the names of the candidates and the numbers who voted for each candidate, as it appeared at the final close of the poll, and such certificate shall be admitted as evidence of the truth of the facts therein certified unless disproved by contrary evidence. 73. That no fee, gratuity, or reward whatsoever shall be given, paid, received, or taken by any sheriff or returning officer of any county of a city or county of a town for making out or for the delivery, return, or execution of any writ [or precept] for the electing a member or members to serve in parliament; and that all contracts, promises, bonds, and securities to be made or given to any sheriff or other returning officer for making a return of any member to serve in parliament, or to pay such sheriff or returning officer any sum or sums of money by way of gratuity or reward for making such return or otherwise in respect thereof, shall be and are hereby declared to be null and void and whosoever shall make, give, or accept of such contract, promise, bond, or other security or gift, or reward to procure any false return shall forfeit a sum equal to the value given or accepted in such contracts, promise, or other security, gift, or reward, and also the further sum |