seem to be a sufficient day for the publication.1 CHAP. III. It will not be good or valid, in Great Britain, unless made publicly at the usual place or places. If made on, or between, October 25 and March 25, the hours limited for the purpose are between eight A.M. and four P.M. If made at any other part of the year, the hours are between eight A.M. and six P.M.2 66 adjourn to Even after appointing a place, whether it be Sheriff's one determined by statute or not, and previous to power to a view," the Sheriff is said to be at liberty to another adjourn the election to any other public and usual place. locality, if the convenience of the county would be plainly promoted by the change.* certified lists In addition to the general preparations above Providing described, the Sheriff will, if a contest be even of voters. remotely probable, do wisely to provide as many certified copies of the register as there would be polling booths if a contest should occur. For, in the later event, he is required by law to have provided previous to the day fixed for the election, for the use of each booth or building for polling, a separate copy, certified under his hand to be correct, of the register of voters.5 It is true that the statute only requires this in the event of a contest; but the question whether a contest will occur cannot be regarded as absolutely settled before it begins, that is to say, before a poll is actually demanded on the day of election.6 So that, if the Sheriff omits to provide the list until his obligation to do so becomes certain, he will 1 Bridport, 3 Lud. 30; Drury v. Delafontaine, 1 Taunt. 131; Bloxholm v. Williams, 3 B. & C. 232; Fennel v. Ridley, 5 B. & C. 406; R. v. Whitnash, 7 ib. 596; Rogers, 10; Orme, 63; Clerk, 12. 233 Geo. III. c. 64. 3 Post, p. 67. 4 Cardiganshire, 10 Com. J. 486; but quære, and see Rogers, 12. 52 Will. IV. c. 45, s. 72. 6 Muntz v. Sturge, 8 M. & W. 302. CHAP. III. defer obedience to the statute until obedience becomes impossible. Statutable minimum of polling booths. On the other hand, he need have little difficulty in estimating beforehand the number of polling booths and buildings for which copies must be provided; for it is enacted that, in the event of a poll being required, as many polling-booths shall be provided at each polling-place, as will allow one booth for every four hundred and fifty of the registered electors entitled to vote at such pollingplace. Nor, again, can there be any doubt as determined. to the number of polling-places; as these have been determined in every case, either by the Boundary Act,2 or by orders of the Sovereign in Council, certified under the hand of one of the clerks in ordinary of the Privy Council, and published in the London Gazette.3 Polling places, how Sheriff may order addi tional booths. While, however, a minimum of polling-booths, in the event of a contest, is thus fixed by statute, the Sheriff may have reason to know that more will be erected; for he himself, or the Under Sheriff, or the Sheriff's Deputy, is authorised to order as many booths, or procure, or hire, as many other buildings for the same purpose as What booths may reasonably be required; subject, however, and buildings to the two following limitations:-first, no poll can be taken (unless by the consent in writing of all the candidates),5 at 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 communicating therewith. Secondly, no greater outlay than forty pounds is to be incurred (unless by contract with the candidates) for the total number of may not be used for polling. Limitation to expense of pollingbooths. 1 6 & 7 Will. IV. c. 102, s. 3. 2 2 & 3 Will. IV. c. 64. 3 6 & 7 Will. IV. c. 102, ss. 1, 2; 16 & 17 Vic. c. 68, ss. 7, 8. 42 Will. IV. c. 45, s. 64. 5 16 & 17 Vict. c. 68, s. 6. fixed to parishes to be booths erected, or buildings procured, or hired, CHAP. III. in any one principal place of election, or pollingplace. Two further rules on this head may here be mentioned. There must be affixed, upon the Names of most conspicuous part of each booth, or place for polling in, the names of the several parishes, townships, &c., which are inhabited by the voters to whose use the booth is allotted. And, next, care must be taken that each booth is provided with a certified copy of the register of voters.3 each booth. safely make: His liability for expenses: The Sheriff has thus the means of easily ascer- Amount of taining how many certified copies of registered preparat electors he ought to prepare before the day of Sheriff may election, in the event of a poll being required. And, if that event be only remotely probable, his preparations are not likely to go further. For it has now been decided, both as regards counties and boroughs, that however active may have been the canvassing, and even though so-called candidates may have been put in nomination-yet, unless a poll is actually demanded, the election will not be "contested," within the "Candimeaning of the clauses passed to saddle candi- dates" how dates (or, if such candidates are proposed with- expenses of a out their own consent, to saddle their proposers) election. with the expenses of a "contested election."4 In other words, if a poll is not demanded, the Sheriff will be liable. Unless, therefore, he far liable for "contested" 2 Will. IV. c. 45, s. 71. 2 Ib. s. 64. 3 Ante, p. 21. Muntz v. Sturge (1841), 8 M. & W. 302. The definition of the words candidate at an election in section 38 of the Corrupt Practices Act is now repealed; and, for the purposes of that enactment, the words are to include all persons elected to serve in Parliament, or nominated as candidates at such election (unless nominated without their own consent); or who declare themselves candidates on, or after, the issue of the writ, or after the dissolution, or vacancy, in consequence of which the writ issues; 21 & 22 Vic. c. 87, s. 3. CHAP, III. obtains a sufficient indemnity from the rival canvassers, he cannot order polling-booths, nor engage Deputies or poll-clerks, except at his own risk. Moreover, a candidate is not liable, in any case, for charges not laid on him by statute, except under his own contract, whether express or implied; e. g. the statute law does not saddle him with the hire of check-clerks, or commissioners for oaths, or the expense of booths not used as hustings. Still a jury would probably infer a contract against him as regards the cost of any things, or services, in the obtaining of which he had clearly acquiesced, or of which he had knowingly availed himself without protest. Full preparations for a contest. Sheriff's staff: Let it, however, next be supposed that a contest is likely, that the Sheriff has procured an undertaking from one or more of the candidates to indemnify him in case the contest does not take place, and that full preparations are to be made. His first course will then be to select proper persons for his staff; viz., Deputies, poll-clerks, check-clerks, commissioners for administering the oath of identity, and constables or peace-officers. The number of these persons respectively must, with the exception of the commissioners, at least equal the number of polling places. Beyond this, it appears to be left to the Sheriff's discretion; which, however, must be exercised reasonably. As he cannot 1 Wathen v. Sandys, 2 Campb. 643; Morris v. Burdett, 1 ib., 218. 2 Post, p. 80. 3 As to the Returning Officer's discretion with regard to the number of poll clerks before the Reform Act, see London, 2 Peck. 268. The Act did not limit this discretion, but placed his power of appointing poll clerks and Deputies, on the same footing (s. 64). In Ireland the legislature has expressly authorised the Sheriff to appoint a Deputy to each booth, though there may be more than one booth at a polling-place; 13 & 14 Vic. c. 68, s. 4, post, p. 50. determine how many, or what kind of, persons CHAP. III. he should appoint in these capacities, without a knowledge of the duties they will have to perform, and the remuneration allowable for such duties, a short account will here be given of the statutable provisions with respect to each of the functionaries in question. It is the duty of a Deputy to preside (in the Sheriff's and Under Deputies. Sheriff's absence) at the polling-place to which he is appointed by the Sheriff; to receive publicly, from the poll-clerks, at the close of the day's poll, the poll-books, enclosed and sealed, and forthwith deliver, or transmit, them, so enclosed and sealed, to the Sheriff, or Under Sheriff. He is authorised to act in the Sheriff's, or Under Sheriff's, stead, in ordering booths,2 subject to the rules which have been stated.3 He has the same power as the Sheriff, or Under Sheriff, of acting in any place, having any exclusive jurisdiction or privilege; of administering, and of appointing commissioners to administer, oaths and affirmations ;5 and of adjourning the nomination, or poll, in case of interruption, or obstruction, by riots, or open violence.6 And it is, further, his duty, in the Sheriff's absence, to record specially in the poll-book, as "disallowed," the votes tendered by persons not on the register. His remuneration is to be two guineas a day, to be provided at the ultimate expense of the candidates.8 He must be of full age.9 116 Vic. c. 15, s. 2. 22 Will. IV. c. 45, s. 64. Ante, pp. 22, 23. 42 Will. IV. c. 45, s. 66. 5 Ib. s. 73. • Ib. s. 70; 5 & 6 Will. IV. c. 36, s. 8.'; post, p. 71 & 92. 72 Will. IV. c. 45, s. 59 (qu. as to this rule about "recording especially," &c. having been repealed by 16 Vic. c. 15, s. 1). B Ib. 71; ante, pp. 23, 24. 9 Belfast, B. & Aust. 555. Deputies, see ante, p. 24, note 3. D As to the number of |