Writs, &c.,

to be made conformable

the jury before whom such action shall be tried may find their verdict for the full sum of five hundred pounds, or for any less sum which the said jury shall think it just that he should pay for such his offence; and the defendant in such action, being convicted, shall pay such penal sums so awarded, with full costs of suit, to the party who may sue for the same: Provided always, that no such action shall be brought except by a person being an elector, or claiming to be an elector, or a candidate, or a member actually returned, or other party aggrieved: Provided also, that the remedy hereby given against the returning officer shall not be construed to supersede any remedy or action against him according to the law now in force.

77. That all writs to be issued for the election of members to serve in all future parliaments, and all mandates, preto this Act. cepts, instruments, proceedings, and notices consequent upon such writs, shall be and the same are hereby authorised to be framed and expressed in such manner and form as may be necessary for the carrying the provisions of this Act into effect.

This Act not

universities

of Oxford and Cambridge.

78. Provided always, that nothing in this Act contained to extend to shall extend to or in anywise affect the election of members to serve in parliament for the universities of Oxford or Cambridge, or shall entitle any person to vote in the election of members to serve in parliament for the city of Oxford or town of Cambridge in respect of the occupation of any chambers or premises in any of the colleges or halls of the universities of Oxford or Cambridge.

Of the sense in which

Act are to be

:

79. That, throughout this Act, wherever the words "city or borough,' "cities or boroughs," may occur, those words in this words shall be construed to include, except there be someunderstood thing in the subject or context manifestly repugnant to "City or such construction, all towns corporate, cinque ports, disborough;" tricts, or places within England and Wales which shall be entitled after this Act shall have passed to return a member or members to serve in parliament, other than counties at large, and ridings, parts, and divisions of counties at large, and shall also include the town of Berwick-upon-Tweed : "Returning and the words "returning officer" shall apply to every perofficer;' son or persons to whom, by virtue of his or their office, either under the present Act, or under any former law, custom, or statute, the execution of any writ or precept doth or shall belong for the election of a member or members to serve in parliament, by whatever name or title such person or persons 'Parish or inay be called; and the words "parish or township" shall township;" extend to any parish, township, vill, hamlet, district, or place maintaining its own poor; and the words " overseers of "Overseers, the poor" shall extend to all persons who by virtue of any of the poor;" office or appointment shall execute the duties of overseers of the poor, by whatever name or title such persons may be

called, and in whatsoever manner they may be appointed; and that all matters by this Act directed to be done by the overseers of a parish or township may be lawfully done by the major part of such overseers; and that wherever any notice is by this Act required to be given to the overseers of any parish or township, it shall be sufficient if such notice shall be delivered to any one of such overseers, or shall be left at his place of abode, or at his office or other place for transacting parochial business, or shall be sent by the post, addressed by a sufficient direction, to the overseers of the particular parish or township, or to any one of them, either by their or his Christian name and surname, or by their or his name of office; and that all provisions in this Act rela- Justices of tive to any matters to be done by or with regard to justices the peace for of the peace for counties, or sessions of the peace for counties, counties, &c. or clerks of the peace for counties, or treasurers of counties, shall extend to the justices, sessions, clerks of the peace, and treasurers of the several ridings of Yorkshire and parts of Lincolnshire; and that the clerk of the peace for the time being for the borough of Newport in the Isle of Wight shall for the purposes of this Act be deemed and taken to be the clerk of the peace for the county of the Isle of Wight; and that all the said respective justices, sessions, and clerks of the peace shall have power to do the several matters required by this Act, as well within places of exclusive jurisdiction as without; and that no misnomer or inaccurate description Misnomer of any person or place named or described in any schedule to not to this Act annexed, or in any list or register of voters, or in vitiate. any notice required by this Act, shall in anywise prevent or abridge the operation of this Act with respect to such person or place, provided that such person or place shall be so designated in such schedule, list, register, or notice as to be commonly understood.

2 & 3 Will. 4, c. 64.

Election may take

34. THAT if it shall seem fit to the sheriff, the court for the election of knights of the shire may be held or the poll place at may be taken at any place or spot in the neighbourhood places in the of any place appointed by this Act for holding such court neighbouror taking such poll respectively, at which such court or those named poll may have heretofore been held or taken, or which in this Act. may be convenient for either of those purposes, anything herein contained notwithstanding.*

*This section is repealed by the Ballot Act so far as it relates to taking the poll.

hood of

Sheriff's

their coun

tricts for

polling, and

appoint polling places.

places in cities and

burghs, and

divide cer

tain burghs into polling districts.

2 & 3 Will. 4, c. 65.

27. That within three months after the passing of this shall divide Act each sheriff shall divide his county into convenient ties into dis- districts for polling, following, as nearly as possible, the boundaries of parishes, baronies, or other known subdivisions, and shall appoint a particular polling place for each such district, which place shall be selected so as to be most accessible to the voters in the district; and such polling places shall in no case be more in number than fifteen for any one county, and shall be so arranged as that no more than six hundred persons or thereabouts shall poll at any election at any one place; and each town clerk shall, in like manner, appoint one polling place in every Town clerks city, burgh, or town of which he is clerk, in which the shall appoint number of voters does not exceed six hundred or therepolling abouts, and shall, whenever the number of registered voters in any such city, burgh, or town shall exceed six hundred or thereabouts, divide the said city, burgh, or town into convenient districts, and appoint a convenient polling place in each such district, so as that ne more than about six hundred persons shall poll at any election at any such place; and each sheriff clerk shall within fourteen days after the sheriff has so divided his county into districts for polling, make up a distinct list of the said districts and the polling place appointed in each, and shall cause copies of the said list to be affixed to the doors of all the country parish churches in his county; and each town clerk shall, within the same period, affix lists of the polling place or polling places within his burgh to all the church doors within the same; and every voter shall poll at the polling place of the district within where the which the premises, or any part of them, in respect of property which he claims to vote may be situate, except only which gives where such polling place shall be in an island distant the qualification lies. more than ten miles from the mainland of any county, in which case the voters not resident in such island may poll at the polling place for the district in which the county town is included: Provided always, that with respect to the contiguous burghs of Anstruther East, Anstruther West, and Kilrenny, the town clerk of Anstruther East shall appoint one polling place within the said burgh of Anstruther East for the whole of the said three burghs, which place shall be notified in manner herein provided, and all the voters in the said three burghs shall poll at the Regulations polling place so appointed; and at any contested election respecting the sheriff shall, if required by any of the candidates, contested elections. direct two or more booths, or halls, rooms, or other places for polling, to be provided at each polling place; and all polls shall be taken, both at elections for shires and for

Voters to poll in the district

Proviso as to certain burghs.

cities, burghs, and towns, under the superintendence of the sheriff, or of a substitute or substitutes named by him, which substitutes the sheriff is hereby empowered to name at his own discretion, without observing the forms necessary in the appointment of ordinary substitutes receiving salaries.

shall fix and

28. That writs for the election of members to serve for Writs to be shires, or for any city, burgh, or town entitled to send a addressed to member or members for itself, shall be directed as hereto- sheriffs, who fore to the sheriff of the shire; and where the election is notify day for a district of cities, burghs, or towns, a writ shall be of election, directed to the sheriff, specified in schedule (L), hereunto annexed, and shall be proclaimed, as hereinafter directed, at the town specified in the said schedule (L), for each of the said districts respectively; and each sheriff shall endorse on the back of the writ the day on which he received it, [and shall within three days thereafter announce a day or days, which day or days shall (except only in the case of Orkney as hereinafter provided) not be less than ten nor more than sixteen days after that on which the writ was received for the election or elections within his shire, and shall give due intimation thereof by printed or written notices affixed on the doors of all the parish churches (except as hereinafter excepted) within the county, when the election is for a county, and of all the parish churches in the city, burgh, or town, or cities, burghs, or towns, when the election is for a town or district of towns, and also, where he thinks this expedient, by advertisement in the newspaper or newspapers of greatest circulation in the county or district.]*

at elections for counties.

29. That on the day named by the sheriff for the election Order of for the shire, the sheriff shall repair to the county proceedings town, and shall there publicly proclaim the writ by reading it Provided always, that the writ for the united counties of Clackmannan and Kinross shall be proclaimed at the town of Dollar; and that the writ for the united counties of Elgin and Nairn shall be proclaimed at the town of Forres; and that the writ for the united counties of Ross and Cromarty shall be proclaimed at the town of Dingwall.

at elections

30. That where the election shall be for any city, burgh, Order of or town, or district of cities, burghs, or towns, the sheriff proceedings to whom, as herein before directed, the writ shall have been for cities, addressed, shall, on the day and hour previously named by burghs, and him for such election, repair to the. town or burgh towns. sending a member by itself, or that town of any district at which, as hereinbefore directed, the writ for the whole

The latter part of this section, which is within brackets, still remains in force as to elections for Kirkwall, Wick, Dornoch, Dingwall, Tain, Cromarty. See Ballot Act, rule 61.