s. 70. Counties of cities and towns. 4G.4.c.55. making a return, but the court shall be adjourned from time to time until such disturbance shall have ceased, when the poll shall be proceeded with, and every person Rioting no ex- convicted of having violently misbehaved so as to interrupt cuse for closing the proceedings of the poll, or of having injured or the poll, but the court may be secreted the poll books or any part thereof, or the writ or adjourned from time to time. precept for such election, shall be adjudged guilty of felony, and be transported for seven years, or by 35 G. 3. be imprisoned for any time not more than seven years. 1 G. 4. c. 11. 8. 42. Knights of shires and boroughs. 4 G. 4. c. 55. s. 63. Counties of cities and towns. Deputy sheriff, and other officers neglecting Any deputy sheriff, poll clerk, clerk of the peace, deputy clerk of the peace, or his deputy, assistant deputy clerk of the peace (and by the 4 G. 4. deputy town clerk or other officer), interpreter, constable, bailiff, or peace officer, absenting himself from the duty of his office 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. their duty at election, shall lose their compensation. Appointment of others in their place. 35 G. 3. c. 29. s. 15. Knights of shires and boroughs. 4G. 4. c. 55. And the returning officer shall thereupon immediately remove such person, and appoint another in his place. If any returning officer or any deputy shall wilfully protract the poll, or be guilty of wilful delay, in taking the same, such officer and such deputy shall forfeit five hundred pounds to any person suing for it. s. 69, Counties of cities and towns. Officer or deputy delaying, shall forfeit 500l. If the poll shall continue until the fifteenth day, it shall be closed at three o'clock on that day, and the returning officer shall immediately after the final close thereof, declare the names of the persons having the majority, and shall make a return of such persons. There is no provision in Ireland for a scrutiny of votes, except during the days of polling, as before stated. No returning officer shall, upon any pretence whatever return more persons than required by the writ or precept, and in case of an equality of votes for any candidates upon the close of the poll, the returning officer shall s. 68. Counties of towns. return more give a casting voice, and by the 4 G. 4. where two re- 4G. 4. c. 55. turning officers shall preside, the senior officer shall if present give a casting voice, and if not, the junior cities and officer shall give a casting voice, whether such officer Returning shall be legally qualified to vote or not, or shall have officer not to voted or not, at such election, and if he shall return persons than more than the number of persons directed to be returned, to have a castrequired, and he shall forfeit two thousand pounds to the person first ing voice. In suing for it, and such officer shall be incapable of ever cities and after voting at an election for an M. P. counties of towns, where two officers There is no provision in elections for knights of shires, or for towns or preside, the boroughs, where there is more than one returning officer, to enable any of senior if prethem to give a casting vote. sent, and if not the junior, to Returns to precepts and writs are made nearly in the same form in have a casting which they are made for places in England, vid. forms mutatis mutandis, voice. 2000l. pp. 47.49. In consequence of the last mentioned provision, on an equality of numbers it is not necessary to make a double return, unless it be in elections for knights of shires, or for towns or boroughs, where there is more than one returning officer. The cases on which double returns may, if necessary, be made, are, where there is a doubt as to the eligibility of the candidates having the majority, or where the right of election is disputed, and the candidates have majorities on the different alleged rights, or it is a question, who is the returning officer. penalty on returning more than required. ss. 17. 18. Returns to precepts from officer only to On a general election, the returning officer shall make 35 G.3. c.29. a return of the precept six days before the return of the writ, and on a writ issued during a session or prorogation within thirty days after the date thereof, and by s. 3. whom the the sheriff shall accept the return of such precept from such same were officer only, to whom he shall have directed the same. directed. 35 G. 3. c. 29. On a general election, the returning officer shall make a return of such writ to the clerk of the crown, on or ss. 17. 18. before the day on which such writ shall be returnable, shires. Knights of and on a writ issued during a session or prorogation 4 G. 4. c. 55. within forty days after the teste thereof, and such return- Counties of ing officer as shall make default therein, shall forfeit to cities and any person suing for it one hundred pounds for each day Returns to such default shall be made. s. 72. towns. writs on a general elec tion before the return day, and on a vacancy within 40 days after the teste thereof. 1 G. 4. c.11. 8. 4. Knights of shires. 4 G. 4. c. 55. s. 71. Counties of cities and towns. Certification on the return. 1 G. 4. c. 11. s. 25. Knights of shires and boroughs. 4 G. 4. c. 55. s. 75. Whenever a poll shall take place the returning officer shall certify on the back of his return to the writ the names of the candidates, and the numbers who voted for each as it appeared at the final close of the poll, and such certificate shall be evidence of the facts therein certified, unless disproved by contrary evidence. As the 1 G. 4. mentions only returns to writs, it does not include towns or boroughs. A returning officer convicted of having acted corruptly or partially in the execution of his duty as returning officer at any election of an M. P., shall be adjudged guilty of a high misdemeanor and imprisoned for a period not exceeding three years, and he shall be incapable of holding any office or situation, civil or military, Punishment of under the crown. officers return Counties of cities and towns. ing corruptly or partially. 35 G. 3. c. 29. s. 14. Knights of shires and boroughs. 4 G. 4. c.55. s. 73. Counties of cities and towns. No fee or re ward to return ing officer; contracts for making a return shall be void. Persons giving 1 G. 4. c. 11. s. 3. Knights of shires and boroughs. 4G.4. c.55. s. 76. 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 or precept for an election, and all promises and securities to be made or given to any returning officer, by way of gratuity or reward for making a return, shall be void, and whoever shall make, give, or accept such promise or security, or any gift or reward to procure any false return, shall forfeit a sum equal to the value given or intended to be given in such contract, and also two hundred pounds to any person suing for it. or accepting such shall forfeit the amount and 2001. When a poll shall take place the returning officer shall, within twenty-one days of the final close of the poll, deliver all the poll books to the clerk of the peace for such place verifying upon oath, which any justice of the peace for such place may administer, that the poll books delivered in are the original poll books, upon which the return was founded, and that from the close of the poll be delivered to there has not been any obliteration, erasure, addition, or Counties of cities and towns. Poll books to peace, or other the custody of alteration made therein, and such poll books shall be the clerk of the kept amongst the records of the place, and the production officer, having of such books by such clerk of the peace, or officer, or the records. his deputy, shall be sufficient evidence of the authenticity thereof, unless the same shall be disproved. Counties of The returning officer shall return with the poll books to 4 G. 4. c. 55. the clerk of the peace, an account of the sums received for s.77. the expences of such election from the several candidates, cities and and the application thereof, and shall verify the same upon oath, which any justice of the peace, may administer. election to be returned with the poll books to clerk of the peace. Charges, vid. p. 107. towns. Account of sums received for expences of All expences necessary for carrying on the election for 1 G. 4. c.11. knights of shires, and for boroughs, shall be paid, in the s.26. Knights first instance, by the returning officer. of shires and boroughs. Election expences, vid. p. 107. in ss. 69. 70. Boroughs. dens shall The churchwarden shall, after the election, deliver 35 G. 3. c. 29. over to the clerk of the peace, the registry books of habitants immediately upon being required on pain forfeiting ten pounds for every day he shall detain same, and upon conviction, of suffering one month's imprisonment for every day he shall detain the same. of Churchwarthe deliver over books of inha bitants to clerk of the peace. Return of crown office The writs and returns thereon being returned into the 39 & 40 G. 3. crown office in Ireland, shall from thence be transmitted c. 67. s. 2. to the crown office in England, and be certified to the writs to the house of commons, as the like returns have been usually in Ireland, or shall hereafter be certified, and copies of the said and from writs and returns attested by the chancellor, keeper, or crown office in commissioners of the Great Seal of Ireland, shall be England. preserved in the crown office there, and shall be evidence of such writs and returns in case the original writs and returns shall be lost. With respect to the duty of the clerk of the crown in entering the returns, vid. ante, p. 24. It may, however, be a question, as penal clauses of statutes are construed strictly, whether the penalty affixed by 7 & 8 W.3. c.7. s.5., would attach to the clerk of the crown for not entering the returns from Ireland or Scotland within the time thereby limited. [Declaration thence to the Declaration against tran Declaration against transubstantiation in the 30 substantiation. C. 2. st. 2. c. 1. s. 3. to be made by Protestants before voting at elections in Ireland, and also by members before taking their seats in the house. 'Oath of I, A. B. do solemnly and sincerely, in the presence of God, profess, testify, and declare, that I do believe that in the Sacrament of the Lord's Supper, there is not any transubstantiation of the elements of bread and wine into the body and blood of Christ, at or after the consecration thereof by any person whatsoever; (2) and that the invocation or adoration of the Virgin Mary, or any other saint, and the sacrifice of the mass as they are now used in the church of Rome, are superstitious and idolatrous. (3) And I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration and every part thereof, in the plain and ordinary sense of the words read unto me, as they are commonly understood by English protestants, without any evasion, equivocation, or mental reservation whatsoever, and without any dispensation already granted me for this purpose by the pope, or any other authority or person whatsoever, or without any hope of any such dispensation from any person or authority whatsoever, or without thinking, that I am or can be acquitted before God or man, or absolved, of this declaration or any part thereof, although the pope, or any other person or persons or power whatsoever, should dispense with or annul the same, or declare that it was null or void from the beginning.' The Oath of Allegiance contained in the 13 & 14. G.3. c. 35. s. 1. (I) to be taken by Papists in Ireland before voting. “I, A. B. do take almighty God, and his only son allegiance for Jesus Christ, my redeemer, to witness, that I will be faithful, and bear true allegiance to our most gracious sovereign, lord king George the third, and him will defend, to the papists in Ireland. |