such writ, or accept any fee, or do any other matter or thing in 53 Geo. 3, c. 89. violation of this Act, shall be guilty of a misdemeanor, and may, upon any conviction upon any indictment or information in his Majesty's Court of King's Bench, be fined and imprisoned at the discretion of the Court for such misdemeanor.

2 Will. 4, c. 45. [Reform Act, 1832.]

2 Will. 4, c. 45.

11. And be it enacted, That the persons respectively described Returning in the said Schedules (C.) and (D.) shall be the returning officers officers for at all elections of a member or members to serve in Parliament boroughs. for the boroughs in conjunction with which such persons are respectively mentioned in the said Schedules (C.) and (D.); and that for those boroughs in the said Schedules for which no persons are mentioned in such schedules as returning officers the sheriff for the time being of the county in which such boroughs are respectively situate shall, within two months after the passing of this Act, and in every succeeding respective year in the month of March, by writing under his hand, to be delivered to the clerk of the peace of the county within one week, and to be by such clerk of the peace filed and preserved with the records of his office, nominate and appoint for each of such Nominated by boroughs a fit person, being resident therein, to be, and such sheriff. person so nominated and appointed shall accordingly be, the returning officer for each of such boroughs respectively until the nomination to be made in the succeeding March; and in the event of the death of any such person, or of his becoming incapable to act by reason of sickness or other sufficient impediment, the sheriff for the time being shall on notice thereof forthwith nominate and appoint in his stead a fit person, being so resident as aforesaid, to be, and such person so nominated and appointed shall accordingly be, the returning officer for such borough for the remainder of the then current year; and no person, having been so nominated and appointed as returning officer for any borough, shall after the expiration of his office be compellable at any time thereafter to serve again in the said office for the same borough: Provided always, that no person Who disbeing in holy orders, nor any churchwarden or overseer of the qualified. poor within any such borough, shall be nominated or appointed as such returning officer for the same; and that no person nominated and appointed as returning officer for any borough now sending or hereafter to send members to Parliament shall be appointed a churchwarden or overseer of the poor therein during the time for which he shall be such returning officer: Provided also, that no person qualified to be elected to serve as Who exempt. a member in Parliament shall be compellable to serve as returning officer for any borough for which he shall have been nominated and appointed by the sheriff as aforesaid if within

2 Will. 4, c. 45. one week after he shall have received notice of his nomination

Not to apply to municipal boroughs.

Sheriffs of divided

counties to

fix the time

and appointment as returning officer he shall make oath of such qualification before any justice of the peace, and shall forthwith notify the same to the sheriff: Provided also, that in case his Majesty shall be pleased to grant his royal charter of incorporation to any of the boroughs named in the said Schedules (C.) and (D.) which are not now incorporated, and shall by such charter give power to elect a mayor or other chief municipal officer for any such borough, then and in every such case such mayor or other chief municipal officer for the time being shall be the only returning officer for such borough, and the provisions herein before contained with regard to the nomination and appointment of a returning officer for such borough shall thereafter cease and determine.

This section now provides returning officers for all constituencies except county constituencies and places counties of themselves (see s. 12 of Redistribution Act, 1885). For constituencies being municipal boroughs the mayor is returning officer (see s. 244 of M C. Act, 1882, p. 465). All the places in Schedules (C.) and (D.), to which returning officers were given by those schedules, are now municipal boroughs.

The words printed in italics are now practically repealed. By s. 12 of the Redistribution Act, 1885, the appointment of returning officers for boroughs by the sheriff of the county is applied to the boroughs constituted under that Act having no mayor (see 4th sched. of that Act), with the modification that the sheriff is to make the appointment "as soon as may be after the passing of that Act" in the case of new boroughs having no returning officer. By subs. 2 of the same section the qualification of residence is repealed, and by subs. 3, when a borough is in more than one county, the sheriff of the county in which the largest part is situated acts.

[12-60. See "Qualification of Electors," Part I.]

61. The sheriffs of Yorkshire and Lincolnshire, and the sheriffs of the counties divided by this Act, shall duly cause proclamation to be made of the several days fixed for the election of a and preside at knight or knights of the shire for the several ridings, parts, and divisions of their respective counties, and shall preside at the election by themselves or their lawful deputies.

elections.

Booths at the polling places for counties.

As to the duties of the sheriff in regard to counties divided otherwise than by this Act, see s. 8 of the Ballot Act, 1872 (p. 436). As to counties divided under the Redistribution Act, see s. 9 (p. 250).

[62, 63. Repealed by the Ballot Act.]

64. And be it enacted, That at every contested election for any county, or riding, parts, or division of a county, the sheriff, under sheriff, or sheriff's deputy shall, if required thereto by or on behalf of any candidate, on the day fixed for the election, and if not so required may if it shall appear to him expedient, cause to be erected a reasonable number of booths for taking the poll at the principal place of election, and also at each of the polling places so to be appointed as aforesaid, and shall cause to be affixed on the most conspicuous part of each of the said booths the names of the several parishes, townships, and places for which such booth is respectively allotted; and no person shall be admitted to vote at any such election in respect

of any property situate in any parish, township, or place, except 2 Will. 4, c. 45. at the booth so allotted for such parish, township, or place, and

if no booth shall be so allotted for the same, then at any of the Voter to poll booths for the same district; and in case any parish, township, at booth for or place shall happen not to be included in any of the districts his district to be appointed, the votes in respect of property situate in any parish, township, or place so omitted shall be taken at the principal place of election for the county, or riding, parts, or division of the county, as the case may be.

By s. 37 of the Act of 1867 (p. 425), the returning officer wherever practicable is to have a building or room instead of erecting a booth.

66. In all matters relative to the election of knights or a knight of the shire to serve in any future Parliament for any county, or for any riding, parts, or division of a county, the sheriff of the county, his under sheriff, or any lawful deputy of such sheriff, shall have power to act in all places having any exclusive jurisdiction or privilege whatsoever, in the same manner as such sheriff, under sheriff, or deputy may act within any part of such sheriff's ordinary jurisdiction.

[67. Repealed by the Ballot Act, 1872.]

Sheriff in

county elections may act in places of

exclusive jurisdiction.

Each person

district.

68. At every contested election of a member or members to serve in any future Parliament for any city or borough to vote at the in England, except the borough of Monmouth, the returning booth apofficer shall cause to be affixed on the most conspicuous part pointed for of each of the said booths the names of the several parishes, his parish or districts, and parts for which such booth is respectively allotted; and no person shall be admitted to vote at any such election, except at the booth allotted for the parish, district, or part wherein the property may be situate in respect of which he claims to vote, or in case he does not claim to vote in respect of property, then wherein his place of abode as described in the register may be; but in case no booth shall happen to be provided for any particular parish, district, or part as aforesaid, the votes of persons voting in respect of property situate in any parish, district, or part so omitted, or having their place of abode therein, may be taken at any of the said booths, and the votes of freemen residing out of the limits of the city or borough may be taken at any of the said booths; and public notice of the situation, division, and allotment of the different booths shall be given two days before the commencement of the poll by the returning officer: Provided also, that no nomination shall be made or election holden of any member for any city or borough in any church, chapel, or other place of public worship.

So much of this section as related to the erection of booths is repealed by the Ballot Act, and by s. 34 of the Representation of the People Act, 1867 (p. 424), the returning officer is to provide one polling booth or room in each polling district, and by s. 37 rooms are to be used instead of booths wherever possible. See also Ballot Act, 1872, s. 8 (p. 436), and Rule 15 of Schedule (p. 442).

2 Will. 4, c. 45.

Closing poll before the expiration of time fixed.

Adjournment

in case of riot.

Candidate, or

persons

proposing

[69. Repealed by the Ballot Act, 1872.]

70. Nothing in this Act contained shall prevent any sheriff or other returning officer, or the lawful deputy of any returning officer, from closing the poll previous to the expiration of the time fixed by this Act, in any case where the same might have been lawfully closed before the passing of this Act; and that where the proceedings at any election shall be interrupted or obstructed by any riot or open violence, the sheriff or other returning officer, or the lawful deputy of any returning officer, shall not for such cause finally close the poll, but, in case the proceedings shall be so interrupted or obstructed at any particular polling place or places, shall adjourn the poll at such place or places only until the following day, and if necessary shall further adjourn the same until such interruption or obstruction shall have ceased, when the returning officer or his deputy shall again proceed to take the poll at such place or places; and any day whereon the poll shall have been so adjourned shall not, as to such place or places, be reckoned one of the two days of polling at such election within the meaning of this Act; and wherever the poll shall have been so adjourned by any deputy of any sheriff or other returning officer, such deputy shall forthwith give notice of such adjournment to the sheriff or returning officer, who shall not finally declare the state of the poll, or make proclamation of the member or members chosen, until the poll so adjourned at such place or places as aforesaid shall have been finally closed, and delivered or transmitted to such sheriff or other returning officer, anything herein before contained to the contrary notwithstanding.

By 48 Vict. c. 10 (p. 515), the hour of closing the poll, both in counties and boroughs, is eight o'clock in the evening. The poll is now on one day only. (See 16 Vict. c. 15, s. 2, for counties (p. 410), and 5 & 6 Will. 4, c. 36, s. 2, (p. 402), for boroughs). See further as to adjourning the poll in case of riot, 5 & 6 Will. 4, c. 38, s. 8 (p. 402).

71. All booths erected for the convenience of taking polls shall be erected at the joint and equal expense of the several candidates, and the same shall be erected by contract with the candidates, if they shall think fit to make such contract, or if pay for booths they shall not make such contract, then the same shall be

without his

consent, to

and clerks.

Limitation of expense.

Counties.

Boroughs.

erected by the sheriff or other returning officer at the expense of the several candidates as aforesaid, subject to such limitation as is hereinafter next mentioned; (that is to say,) that the expense to be incurred for the booth or booths to be erected at the principal place of election for any county, riding, parts, or division of a county, or at any of the polling places so to be appointed as aforesaid, shall not exceed the sum of forty pounds in respect of any one such principal place of election or any one such polling place; and that the expense to be incurred for any booth or booths to be erected for any parish, district, or part of any city or borough shall not exceed the sum of twenty-five pounds in respect of any one such parish, district, or part;

Provided always, that if any person shall be proposed without 2 Will. 4, c. 45. his consent, then the person so proposing him shall be liable to defray his share of the said expenses in like manner as if he had been a candidate.

As to the cost of each polling station, see 38 & 39 Vict. c. 84, Sched. 1 (p. 460). By s. 37 of the Representation of the People Act, 1867 (p. 425), rooms instead of booths are to be used wherever practicable.

75. All laws, statutes, and usages now in force respecting the election of members to serve in Parliament for that part of the United Kingdom called England and Wales shall be and remain, and are hereby declared to be and remain, in full force, and shall apply to the election of members to serve in Parliament for all the counties, ridings, parts, and divisions of counties, cities, and boroughs, hereby empowered to return members, as fully and effectually as if the same respectively had heretofore returned members, except so far as any of the said laws, statutes, or usages are repealed or altered by this Act, or are inconsistent with the provisions thereof.

76. If any sheriff, returning officer, barrister, overseer, or any person whatsoever shall wilfully contravene or disobey the provisions of this Act or any of them, with respect to any matter or thing which such sheriff, returning officer, barrister, overseer, or other person is hereby required to do, he shall for such his offence be liable to be sued in an action of debt in any of his Majesty's Courts of Record at Westminster for the penal sum of five hundred pounds, and 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 sum 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.

The clause allowing the jury to assess the penalty is very unusual. See for further penalties, 6 Vict. c. 18, s. 97, p. 409. The motive if wilful need not be corrupt (Fair v. McGashy, 7 C. & P. 380; King v. Burrell, 12 A. & E. 460).

All election

laws to re

main in force except where superseded by this Act.

Penalties on officers for

breach of duty.

to this Act.

77. All writs to be issued for the election of members to serve Writs, &c., in all future Parliaments, and all mandates, precepts, instruments, to conform proceedings, and notices consequent upon such writs, shall be and the same are hereby authorized to be framed and expressed in such manner and form as may be necessary for the carrying the provisions of this Act into effect.

[78. Act not to extend to Universities of Oxford and Cambridge. Repealed by Act of 1885.]