CHAPTER II. PROCEEDINGS ON ELECTIONS FOR ALL PLACES IN IRELAND, FROM THE ISSUING TO THE RETURN OF THE WRIT, AND TRANSMISSION THEREOF INTO THE CROWN OFFICE IN ENGLAND. ÍN detailing the several steps in elections for different places in Ireland, reference will, for the sake of brevity, be made as much as possible to the previous statements of proceedings in elections for England, though this cannot be done to any very great extent, on account of the different regulations in the two countries. Before, however, I proceed on this detail, I shall make a short observation on the principal acts of Parliament now in force, relating to proceedings at elections in that country. The 35 G. 3. c.29. (I) repealed the whole or so much of fifteen acts of Parliament as related to this subject, and made some new regulations. By several intermediate acts new provisions were made; and by the 1 G. 4. c. 11., intituled, "An act for the better regulation of polls, &c.," an act of the 57 G.3., the title of which is similar, was repealed, and new general provisions were made, without repealing the act of the 35 G. 3. By the 4 G. 4. c.55. the act of the 35 G.3., some of the intermediate acts, and also the act of the 1 G.4., so far as they relate to elections for counties of cities and towns,, were repealed; the acts, however, repealed by the 35 G.3. c. 29., as well as the 57 G. 3., repealed by the 1 G.4. are not mentioned, and, therefore, upon the principle that an act, which repeals a statute, by which another was repealed, will be a revivor of the statute which was repealed 12 Co.7.;* all these acts will come into opera * It cannot, I should think, be argued that this principle of the revival of a repealed statute can be affected by the circumstance of the 35 G. 3. having been made before the union of the two Parliaments. 39 & 40 G. 3. c. 67. s. 1. One Parlia ment. s. 2. Issuing writs. tion again, so far as they respect counties of cities and towns, and are not inconsistent with the clauses of the 4 G. 4. As, however, it may be inferred from the general tenor of the act of the 4 G. 4. that it was intended to contain the whole body of the law relating to elections for those places, it is with respect to them considered sufficient to refer merely to the clauses of that act. The third article of the treaty of union with Ireland is that the united kingdom be represented by one Parlia ment. Whenever his Majesty shall by proclamation under Proclamation, the Great Seal of the united kingdom, summon a new vid. p. 25. Parliament, the chancellor, keeper, or commissioners of the Great Seal of Ireland, shall cause writs to be issued to the several places therein specified, and on a vacancy being certified to them by the proper warrant, shall cause a writ to issue, for the election of a person to fill up such vacancy. Form of writ mutatis mutandis, vid. p. 25. 1 G. 4. c. 11. s. 5. Knights of shires. 4 G. 4. c.55. 8. 33. Counties of cities and There is no provision for the transmission of writs similar to those for England and Scotland stated at p. 2; but they should be delivered to the proper officer, and by the common law, as well as by the law of Parliament, any negligence or misconduct in the carriage of them may be punished. Immediately after the receipt of the writ, the returning officer shall indorse thereon the date of receiving the same, and within two days after the receipt thereof cause proclamation of the time and place of election, to be made at the usual place between 10 a. M. and 2 P. M. and shall cause to be affixed on the doors of the court house, of such county, public notice of a special county court to be holden for such election only, on some day shires not later (Sunday, Christmas-day, and Good Friday excepted), not than the 16th, later from the day of proclamation, and affixing such than the 10th. notice in elections for knights of shires, than the sixteenth County of city and town not nor sooner than the tenth day, and for counties of cities and towns, than the eighth day, nor sooner than the towns, receipt nor sooner later than the 8th, nor sooner than the 4th. fourth day. 35 G. 3. c. 29. s. 2. The election for knights of a shire shall be where the assizes for such county, and in the county of Dublin, Knights of where the sessions of the peace were last held. shires place of election. s. 3. The sheriff of every county shall, within four days 35 G. 3. c. 29. after the receipt of the writ, issue his precept, and cause Sheriff issuing the same to be delivered to such officer of such place as precept to made the last return to Parliament, and to no other person. vid. p. 27. boroughs, 8. 5. The mayor, sovereign, portrieve, provost, burgomaster, 1 G. 4. c. 11. bailiff, or seneschal of such place, shall hold the election Boroughs nofor the same, not later than eight days after the receipt tice of election, of the precept, having in the usual public place affixed a later than the notice under his hand, of the time and place of such 8th, nor sooner election, four days at the least preceding such election. vid. p. 29. not than the 4th. s. 6. The returning officer shall, upon demand by any 35 G. 3. c. 29. candidate, in writing under his hand three days at least Boroughs' previous to the day of election, erect or hire near the booths. place of election, as many buildings as such candidate shall desire, provided the number of electors polled on any former election exceeded two hundred, and that the number of buildings, together with the place appointed for holding the election, shall not exceed one for every hundred electors polled at any former election, and the returning officer shall appoint a clerk and a deputy for each place, except where he shall preside, and the expence of such booths, and the wages of such deputy, and clerk, not exceeding a guinea a day each, shall be paid jointly by the candidates to the returning officer on demand. No candidate for a city, town, or borough, shall employ boroughs. more than one hired agent or clerk for hundred every voters at the last or any previous election, on pain of votes. forfeiting one thousand pounds to any person suing for it. s. 73. The returning officer of any corporation shall, upon Towns and boroughs. the demand by 35 G. 3. of a candidate at any time 4 G. 4. c. 55. before, and within one month after any election, and by Counties of 4 G. 4. of a candidate, agent, or freeman, at any time, cities and between twelve and three o'clock in the day, permit the Inspection of inspection of the books, and the having copies or minutes books of free s. 20. Towns and Not more than 1 agent for 100 Penalty 1000l. s. 31. towns. men. 35 G. 3. c. 29. s. 58. Boroughs, inspection of books of inhabitants. 35 G. 3. c. 29. s. 62. Sheriff of the county to require the clerk of the peace to deliver registry books of inha bitants to churchwardens. s.5. Knights of shires' booths. of the admissions of so many freemen, as such candidate, agent or freeman, shall think fit upon payment of two shillings and sixpence for the inspection, and two shillings and sixpence for every admission, and on refusal by such officer he shall forfeit by 35 G. 3. fifty pounds, and by 4 G. 4. one hundred pounds. The clerk of the peace shall keep a book for the purpose of registering the names of the inhabitants of boroughs, when the right of voting is vested in inhabitants solely or jointly with others, and shall have the same open to the inspection of any registered inhabitant requiring it between twelve and two o'clock in the day, and giving twenty-four hours' notice, and shall make a of such names or of the index as such inhabitant shall require. copy The sheriff of the county shall, on the receipt of a writ for an election for a borough,require the clerk of the peace to deliver to the churchwardens of the parish, where such borough lies, the book for registering the names of inhabitants claiming to vote thereat, and the churchwardens, with such book and the duplicate thereof in their possession, shall attend the returning officer through the whole of the election, unless one of them shall by an elector be required to attend in a deputy's court, with his book of registry to be freely inspected in their hands during the election, by any person concerned therein. When the sheriff shall apprehend a contest, or a condidate shall, three days previous to the day of election, require it, such sheriff shall erect or hire so many buildings as, together with the county court house, shall make up as many places of polling as there are baronies or half baronies in the county, and shall appropriate one to each barony, the name whereof shall be affixed in legible characters on some conspicuous part of the outside thereof, and shall appoint a clerk and a deputy for each, except where he shall preside. s. 6. shires. peace 4 G. 4. c. 55. Counties of Where more Whenever the number of freeholders in any barony or 1 G. 4. c. 11. half barony of a county, or in a county of a city or Knights of town, appearing by the books of the clerk of the shall exceed eight hundred, the returning officer provide two or more places for the polling the holders for such baron or half barony, or for such county towns. of a city or town, and make such division according to than 800 freethe first letters of their names, that more than eight holders in one barony or half hundred freeholders, need not poll in one place of polling, barony, or in a but not so as to divide the names beginning with the county of a same letter; and such officer shall appoint as many tional poll deputies and poll clerks as shall be necessary to the poll in such place, not exceeding one deputy, one poll clerk for each place; provided that in counties holders made. of cities or towns, no greater number of polling places cities or towns shall be provided by such officer, than one for every eight not more than one poll place hundred freeholders capable of voting at such election. for every 800. town, addi places pro take vided, and an and alphabetical division of free Counties of The sheriff shall not appoint any person to act as 1 G. 4. c. 11. deputy, who has not a freehold estate of the yearly value $. 21. of fifty pounds. Knights of shires. Qualification There is no provision as to the value of the estate of deputies in other of deputy. places, unless the 57 G. 3. c. 131. s. 30. be considered to be yet unrepealed, and to extend to counties of cities or towns. Counties of When more Whenever the number of freemen appearing by the 4 G. 4. c. 55. roll capable of voting shall exceed one thousand, the 8. 35. returning officer shall provide two places for the polling cities or towns. of the freemen, and shall appoint as many deputies and than 1000 freepoll clerks as shall be necessary, not exceeding one men, two deputy and one poll clerk at each place; the places of polling. polling of freemen to be distinct from the places of polling Freeman's place distinct of freeholders, provided that no greater number of poll- from that of ing places than two shall be provided. places for freeholder for such county of It may be a question whether this provision limits the whole number a city or town. of polling places to two, or to two for freeholders and two for freemen. The returning officer may summon all constables, 1 G. 4. c. 11. bailiffs, and peace officers to attend the places of polling, Knights of s. 22. |