23.6.0.14. 8. 1. Penalties. 11 G. 1. c. 18. 8. 4. London. Close of the poll. Scrutiny. 0.6. London. This act inflicts a penalty of 401., to be paid to the king, on the mayor or bailiff who shall return any person besides those who are chosen, and 401. to be paid to the person chosen and not returned, but no time is limited for making such return. In London, after the poll is finished, the poll books being sealed with the seals and in the presence of the candidates desiring it, shall within two days after, be publicly opened at the place of election, and be truly cast up, and within two days after such casting up, the numbers for each candidate shall be publicly declared to the electors at the place of election by the presiding officer, and if a scrutiny be lawfully demanded it shall be granted, and the candidates shall immediately nominate not more than six persons qualified to vote, to be scrutineers for the candidates on each side, to whom the officers shall within six days after demand of scrutiny, upon request, and at the charge of a candidate or scrutineer, deliver a true copy, signed by such officer, of the poll, and the scrutiny shall begin within ten days after the delivery of the copy of the poll, and be proceeded in from day to day, (Sundays excepted,) and be finished within fifteen days after the commencement thereof, and the presiding officer shall, within four days after finishing such scrutiny, publicly declare which of the candidates are duly elected, and the number of votes appearing for each candidate on such scrutiny. The mayor of London shall, upon request of a candidate or agent, where a scrutiny is demanded and granted, issue precepts requiring the masters and wardens of the livery companies to cause their clerk to return him two lists of their respective liverymen, and the clerks shall return such lists within three days after receipt of such precepts, and one list shall be delivered to the candidates on each side, or their agents. London. In London the officer shall deliver within six days a 11 G. 1. c. 18. list of the votes disallowed upon such scrutiny, to any 8.5. candidate demanding the same upon the final declaration of the election. No such list, however, is to be evidence in any action. ss. 1.2. If a scrutiny be granted and the returning officer shall 25 G. S. c. 84. proceed thereupon, and if there be more parties than one Scrutiny objecting to votes on such scrutiny, he shall decide generally. alternately on the votes given for the different candidates against whom it shall be carried on. Administer The returning officer may, during a scrutiny, adminis- s. 6. ter an oath to any person consenting to take the same, oaths. No touching the right of any person having voted at such provision to election, or any other thing necessary towards carrying tions; but s.8. on such scrutiny. take affirma makes a person affirming falsely, guilty of perjury. Return in case Whenever a scrutiny is granted, every officer having s. 1. the return of the writ on a general election, shall cause of a scrutiny, a return to be filed in the crown office before the return when to be made. day of the writ, and every other officer acting under a precept or mandate, shall make a return at least six days before the return day of the writ, and in case of a writ issued during the session, or prorogation of parliament and a scrutiny being granted, then a return shall be made within thirty days after the close of the poll (or sooner if it can be conveniently done). In case of an equality of votes, the returning officer has not a casting voice without the aid of a custom or some other special matter, and a double return may be made. H. C. 601, 609. Knights of officer to The returning officer, shall within twenty days after 10 A. c. 23. the election for knights of shires, deliver over upon oath, s. 5. (which the two next justices of the peace, one of whom shires. is to be of the quorum, shall administer) unto the clerk Returning of the peace of the same county, all the poll books of deliver poll such election, without any embezzlement or alteration, of the peace. and where there is more than one clerk of the peace, then books to clerk No provision as to cities or boroughs. Return. Forms, vid. pp. 47.49. Double returns. Roe, 1 Vol. 796. et seq. 7 & 8 W.3. c. 7. s. 1., con- c. 5., and made perpetual by False returns 8. 2. Party aggrieved, double damages. 8. 3. the original books to one clerk, and attested copies thereof to the rest to be kept among the records of the sessions of the peace for such county. There is no provision for preserving the poll books of elections for cities and towns being counties, or for boroughs; copies however of them must be given to every person desiring the same by 7 & 8 W. 3. c. 25. s. 6. under a penalty of 500l. At the close of the scrutiny, when the choice of the electors is ascertained, the returning officer should make his return. By 7 H. 4. c. 15. & 23. H. 6. c. 14., the names of the persons chosen shall be written on an indenture under the seals of the electors; this is done in the case of an election under a precept by an indenture between the sheriff of the one part, and the returning officer and electors of the other part, which should then be remitted to the sheriff; and in the case of an election under a writ by an indenture between the sheriff of the one part, and the electors of the other part; which, with the returns to the precept, should be tacked to the writ, and returned to the clerk of the crown office. In the following cases double returns may be made: -1. Where there is an equality of numbers. 2. Where it is disputed who is the returning officer. 3. Where the right of election is disputed, and the candidates have majorities on the different alledged rights. 4. Where there is a doubt as to the eligibility of the candidates having the majority. 5. Where a scrutiny is granted by the returning officer, but not finished at the time when the writ is returnable. When double returns are made to the sheriff, he must return them both at the same time with the writ. All false returns of members to serve in Parliament are prohibited, and in case any person shall return any member to serve in Parliament for any place contrary to the last determination in the house of commons, of the right of election in such place, such return shall be adjudged to be a false return. The party aggrieved by such false return (i.e. the person duly elected) may sue the officers and persons making or procuring the same, in any of the courts of Westminster, and shall recover double damages with full costs. The like remedy may be had against officers returning more persons than required by the writ or precept, and than required the parties that procure the same. Return of more persons by law. s. 4. Contracts to All contracts and securities to procure any return shall be adjudged void, and whoever makes or gives such con returns void. 3001. penalty tract or any gift to procure such false or double return, procure shall forfeit 3007. one-third part to his Majesty, onethird part to the poor of the place, and one-third part to on persons the informer, with his costs, to be recovered in any court making them. of record at Westminster, the action for which shall be brought within two years. s. 6. Ireland. If any person shall give, or promise to give, any money 49 G.3. c. 118. or reward to another person, with an agreement that he s. 1. extends to England, shall endeavour to procure the return of any person to Scotland, and Parliament, he shall, if not returned himself, for every Penalty on ensuch gift or promise, forfeit 10007.; and if returned he tering into shall be disabled to serve in that Parliament for such place, and be as if he had never been returned an M. P. procure return. And any person who shall receive any such money or reward or promise, shall forfeit the value of such reward, besides 500Z. This act shall not extend to legal expences. If any person shall enter into or know of any agreement engagementfor money to s. 2. s. 3. entering into office to pro to give or procure any office to be given to any one upon Penalty on any express agreement, that he shall endeavour to pro- engagement to cure the return of any person to Parliament, he shall be procure an disabled to serve for such place, and be as if he had never cure return. been returned an M. P.; and any person who shall accept any such office upon snch express agreement, shall forfeit such office and 500l.; and any person holding any office under his Majesty, who shall give such office upon such express agreement, shall forfeit 1000l. s. 4. In case of Any action under that act shall be commenced within two years. If any sheriff or returning officer shall wilfully delay, 25 G. 3. c. 84. neglect, or refuse to return any person who ought to be 1 returned for any place within Great Britain, every such determination person may, in case it shall have been determined by a the person who select committee, that he ought to have been returned, ought to have sue the sheriff or other officer in any of the courts at shall recover Westminster, or the court of session in Scotland, and double of a committee, been returned damages. 25 G.3. c.84. s. 10. If no return ticular cases, an elector shall recover double damages together with full costs of suit. Provides that when nó return has been made to a writ before the return day thereof, or on a writ issued made in par- during a session or prorogation of Parliament within 52 days after the date thereof; or if the return måde in may petition either of such cases be not a return of members, but contain special matters concerning such election, any person claiming to have a right to vote at such election, may petition the house of commons concerning the same. the house. 7 & 8 W.3. c.7.8.5. Clerk of the crown. Entering re turns. s. 6. April 12, 1690. 10 Journ. 377. The clerk of the crown shall enter in a book to be kept in his office, every single and double return of any members of Parliament which shall come into his office or to his hands, and every alteration and amendment made by him in every such return, to which book all persons shall have access to search and take copies thereof paying a fee for the same; and such book or a true copy thereof may be given in evidence at any trial, and in case the clerk of the crown shall not within six days after any return shall come into his office, make such entry as aforesaid, or shall make any alteration in any return unless by order of the house of commons, or give any certificate of any person not returned, or shall wilfully neglect to perform his duty in the premises, he shall for every such offence forfeit to the party aggrieved 500l. to be recovered in the courts at Westminster, and shall also forfeit his said office, and be incapable of holding the same. Every information or action under that act shall be brought within two years. After a return is made into the crown office, it shall be altered only by the house, for which purpose the clerk of the crown when ordered attends with his book, and amends the return by erasing or altering the name; or in case of a double return taking the void one off the file, and letting the other remain. |