ing, is punishable by the house, which, in such cases, has generally committed him to custody, and sometimes to Newgate. And the accepting and returning of indentures of return, not signed by the proper clerk, (i. e. returning officer in Scotland,) was held a false return, and the under-sheriff offending was committed. And in order to prevent the evil of double returns, it was, by the same statute, enacted, that if any p rson should wilfully, falsely, and maliciously, return more persons than are required to be chosen by the writ or precept, the same remedy may be had by the party aggrieved, against him or any others procuring the same. Sect. 2. 32 Jour. $61. 24 Jour. 92. 33 Jour. 157. 24 Jour. 45. Double re- turns. Vid. 2d ed. p. 648. c. 84. s. 10. The statute of 25 G. 3. enacted, that if no return shall 25 G. 3. be made to a general writ upon or before the return day, or upon a new writ, within fifty-two days after the day when such writ bears date, or a special return be made, it may be lawful for any person, having had, or claiming to have had a right, to be returned as duly elected thereat, who shall think himself, or themselves, aggrieved, to petition the house of commons concerning the same. And a day and hour shall be appointed for hearing the petition, and notice, in writing, shall be given by the speaker to all parties thereto, &c. And a select committee shall be appointed pursuant to the 10th and 11th G. 3. which committee shall try and determine whether any, and which of the person or persons named in such petition, ought to have been returned, or whether a new writ ought to issue; which determination shall be final to all intents and purposes; and the house being informed thereof, shall give the necessary directions for ordering a return to be made, or for altering the return if made; or for the issuing of a new writ for a new election, or for carrying the said determination into execution, as the case may require. Sect. 2. S. 11. S. 14. And for any offence against that act, the returning officer is thereby made liable to prosecution by information or indictment, and no nolle prosequi or cesset processus, shall be entered. And if any sheriff or returning officer shall wilfully delay, neglect, or refuse, duly to return any person who ought to be returned for any county, city, borough, &c. every such person, in case it shall have been determined by a select committee appointed in the manner herein before directed, that such person was entitled to have been returned, may sue the sheriff, or other officer or officers, having so wilfully dePenalty for layed, neglected, or refused duly to make such return, and every or any of them, at his election, in any of his majesty's courts of record at Westminster, or the court of sessions in Scotland; and shall recover double the damages he shall sustain by reason thereof, with full costs of suit. a false re turo. The stat. 53 G. 3. c. 71. makes further provisions and regulations as to the time and manner of presenting such petition to the house, for which vid. post, Appendix. p. clxx. Where the right of election is doubtful, and consequently what candidates are duly elected, the returning Double re- officer may, and for his own safety, ought to make a double return.* But this must be done turning officer's own judgment, not upon the agreement of the parties. turns. 15 Feb. 1677. Amending return. 20 Jour. 46. 24 Jour. 18. 30 Jour. 466. upon the re Where a false return, or a double return, is made, it may be amended at the bar of the house. The former, either by taking the return off the file, if made by an illegal returning officer, and annexing to the writ the real * Double returns are to be determined before double elections, 1784, Tuesday, May 25th, votes. Vid. 1 Dougl. And the return immediately annexed to the writ, must be the first heard. Standing order, 18th March, 1727. Sim. 184, n. return delivered by the legal officer to the clerk of the crown. Sect. 2. 29 Jour. 52. 18 Jour. 34, 38. 19 Jour. 64. Where the christian name of the party returned is mistaken, it may be rectified: sometimes the amendment is made by erasure of the indorsement of the wrong name, and every thing belonging to it, and by a substi- 25 Jour. tution of the right name. 24 Jour. 56. 463. Formerly the returning officer himself used to amend the return; but now it is usually done by the clerk of the crown. The double return is amended by taking one off the file. When the return is made, in order to preserve it free from dispute, the clerk of the crown is directed to enter it, whether a single or double return, in a book to be kept for that purpose in his office, within six days after the return, and no amendment or alteration must be made by him or his deputy, or other, of the return, except by order of the house.—And such book, or a copy thereof, is directed to be sufficient evidence of the return in any action to be brought upon that statute; and for any default or omission in such particulars, or for certifying any person returned who was not returned, the clerk of the crown is liable to a penalty of £.500 to the the return. party grieved, and forfeiture of his office. SECT. 3. Making up the Poll Books. THE sheriff shall, within twenty days next after such election, faithfully deliver over, upon oath, (which two justices of the peace may administer,) to the clerk of the peace, all the poll books, without embezzlement or alteration.-If more than one clerk of the peace, then the original books to one, and attested copies to the rest. + The poll book has been admitted in evidence notwithstanding this regu lation had not been complied with. Vid. 1 Peck. 208.-2 Peck, 207. n. (c.) † As to the evidence necessary to be given to a committee, in case of a petition, before the poll books can be produced. Vid, post. 237. Penalty of 500 l. on clerk of the crown, and forfeiture of office, if he do not duly enter 10 Ann. c. 23. s. 5. Custody of the poll books. Sect. 3. Five polls were taken and delivered to the sheriff. He carried only that which was taken by his clerk, as being the original poll, and the others only cheques; and insisted that the act, in requiring all the poll books to be lodged, meant only in the case where the poll is going R. v. Davis, on at different booths, and all the books make one poll; but the court held that all books ought to have been 2 Strange, carried in, and granted an information against the sheriff for not doing it. Sir J. Strange, then solicitor-general, adds, "upon reference to Mr. Attorney and me, we reported for a nolle prosequi, it not being a wilful, if any, mistake." Tr. Term, 9 G. 2. 1048. 209. It appeared that the under-sheriff had kept the poll books in his possession ever since the election, much longer than the legal time, not being aware of the statute 1 Peck.208, 10 Ann. c. 23. which requires that they shall be delivered over to the clerk of the peace within twenty days after the election. The committee ordered, that the undersheriff, or the person in actual possession of the poll books, do now produce the same. As to evidence of poll books, vid. post. p. 237. Sect. 1. CHAP. II. PROCEEDINGS AFTER ELECTIONS IN CITIES, &c. BEING COUNTIES. THE proceedings here are nearly the same as in county elections. SECT. I. THE scrutiny, if granted, is carried on in the same manner as in counties. Vid. ante, p. 213. With respect to London: as to scru 11 G. 1. c, 18. s. 4. By the stat. 11 G. 1. if a scrutiny be lawfully demand- Particular ed, the same shall be granted and proceeded upon. The regulations respective candidates are to nominate any number of per- tiny. sons qualified to vote at the election, not exceeding six, to be scrutineers on their behalf, to whom the presiding officer or officers, is, within six days after such scrutiny demanded, upon request, and at the charge of the candidate or candidates, or any of the scrutineers, on his or their behalfs, to furnish a true copy, signed by such officer or officers of the poll, taken at such elections. The scrutineers are to begin within ten days after the delivery of such copies of the polls, and be proceeded on, day by bay, (Sundays excepted,) and shall be finished within fifteen days after the commencement of such scrutiny: and the presiding officer or officers shall, within four days after the finishing of the scrutiny, publicly declare, at the place of election, which of the candidates are duly elected, and the number of legal votes for each, as appearing to him upon the scrutiny. |