election to Sect. 2. s. 5, upon the receipt of the same, forthwith to cause *Notice of public notice of the day of election to be given within the borough of New Shoreham, and at the towns of Bramber be given at and Steyning, by fixing up a notice in writing on the certain places, by fix market-houses, or on the doors of the churches of the ing the same on doors of said towns, and must proceed to election not later than twelve, nor sooner than eight days after the receipt of the precept. market houses or churches. 3 G. 3. c. 55. s. 3. Cricklade The like provision. Cricklade. A corresponding provision is made by the stat. 22 Geo. 3. c. 31. s. 5. The notice is to be given within the borough of Cricklade, and at the towns of 22 G.3.c. Highworth, Malmsbury, Swindon, and Wootton-Basset And the time allowed for proceeding to election, is, within twelve days, the same as New Shoreham. 31. s. 5. Aylesbury: The like provision. Glanv. 19, 26, 68, 78. 8 Journ. 76 Hiiston Ca. Must express the purpose of meeting. Simp. 153. Ib. 38. Ib. 64. Aylesbury-By the stat. 44 Geo. 3. c. 60. s. 4, the notice is to be given at the towns of Great Missenden, Wendover, and Haddenham, and the day of holding such election, is by this act also adjudged the same as New Shoreham. The notice should express the purpose of meeting, as well as the time and place, and must not be for a meeting generally. In the Stafford case, the writ was produced by surprize, at a meeting held for other purposes, and the election proceeded to without further notice. One of the members returned, was elected by a great majority, and his election not complained of. But there being a petition against the election of the other member returned, and it appearing that the election had been made without proper notice to the electors, the house set aside the whole proceedings, and ordered a new writ. In the Bletchingly case, where there was no certain returning officer, no formal notice was held necessary, but the notoriety, by communication of one burgholder to another, was held sufficient. In some places, by particular custom, notice is given by ringing a bell, or blowing a horn, and gene. rally, where there is no such custom, by a public proclamation within the borough; and sufficient notice is in Sect. 2. 8 Lud. Sea all cases to be presumed, till the contrary be shewn. Notice on the 27th to proceed to election the 30th, is bad. But to proceed on the 5th day from the notice, ford case. is good, and the notice may be upon a Sunday,* videtur. ut 1785. H. B. 164. and the cases there cited. The place of election must be within the district, and Where. ought to be in Guildhall; and though there is no statute making that necessary, yet if it were held in any 27. & seq. other place, contrary to the usual course, which should occasion a prejudice to any of the candidates, it would, I presume, make the election void.† In Wales, the election is directed to be held at such lawful and reasonable place as shall be assigned by the mayor; and this reasonableness would now probably be construed a conformity to usage. Booths. Sim. P. 154 85 H. 8. c. 11. s. 3. 2 and 3. H. B. 164. By the common law, the returning officer was not 1 Campbell expected to put himself to any expence, in order to accommodate the candidates, or voters; it was sufficient that at the time and place appointed, he was personally present and ready to take and count the votes of such electors as tender themselves. The 18 Geo. 2. c. 18. being made for elections of knights of the shire, does not extend to boroughs and towns. After the election at Westminster, 1807, the returning officer brought an action against Sir Francis Burdett, a candidate, for certain expences incurred at the election. In the case of Bridport, 1784, the notice was given on a Sunday, a petition was presented and dropped, as Mr Luders conjectures, because the parties thought they had no good ground to prosecute. Hew. boroughs 156. "It seems to me, (says Mr. Luders,) that the law authorizes any ministerial acts of this kind to be done on a Sunday, as lawfully as any other day." 3 Lud. p. 31. notes to the Seaford case, 1785. + On this point, see the judgment of Lord Ellenborough, in the first case of Morris v. Sir Francis Burdett. Appendix, No. xliii. Seet. 2. 1. Camp. Rep 219, 223, 4. Appendix, No. xliii. 51. C. 1 Camp. Rep. 218, 224. Appendix. 126, s. 1. The first charge was, "Cryer for proclamation, and horse-hire" on this Lord Ellenborough observed, "To proclaim the election is a duty, which the law imposes upon the high bailiff, and there is less pretence for charging the candidates with it, as they had not then been nominated. Another charge was, " for erecting hustings, and sur"veyor's fee for valuing same." Lord Ellenborough. "The defendant's liability as to the hustings, will de"pend upon whether he has in any manner undertaken "to defray a part of the expence of erecting them. "In county elections the sheriff is required to erect "hustings, to be paid for by the candidates; but this "act (18 Geo. 2. c. 18) does not extend to cities or bo"roughs; and the returning officer here might have "taken the poll, either in the Guildhall, Westminster, or " in the open air.” A bond had been given to the churchwardens to indemnify them from any harm the church might suffer, the returning officer having erected the hustings very near it with the expences of this bond, he charged the defendant. Per Lord Ellenborough. "With the bond "of indemnity, I think the defendant can have nothing "to do; as there was no occasion to hold the election "where there was danger to the church of St. Paul, "Covent Garden." In consequence of this decision, the following act 51 G. 3. c. passed. Upon every election for Westminster, the bailiff or his deputy shall appoint and erect at the expence of the candidate or candidates, a convenient booth or place for holding the election, 51 Geo. 3. c. 126. s. 1. see before ch. 2. s. 2. SECT. 3. Candidates. The same qualification is necessary to entitle a person to become a candidate for a borough or town not being a county of itself, as for a city, &c. being a county, viz. a landed estate of the annual value of £. 300. vid. ante, ch. 2. s. 3.; and what is there said with respect to undue interference, and removal of the military, will hold good in the case of boroughs. A person already in parliament being appointed a mayor, and as such returning officer, may continue in parliament. Exeter, 20th January, 1628. 1 Journ. 920. Roe p. 111. (a.) The returning officer having thus far completed the preparations, must forthwith proceed to the election. Sect. 3. [98] PART II. CHAP. I. Sect. 1. 23 H. 6. PROCEEDINGS AT A COUNTY ELECTION. THE election may be made, by the view, the poll, or the scrutiny. SECT. 1. Reading the Writ and Statute. THE writ having been delivered to the sheriff, and the other requisitions of notice, time and place, being complied with, the sheriff is directed, upon the day appointed for election, to proceed in his full county, between the See 1 Peck. hours of eight in the morning and eleven in the forenoon, without collusion, under a penalty of £. 100 to the king, and another £. 100 to the informer.* 83. 7 H. 4. c.15. H. C. 232. The court is opened by a proclamation for persons to give their attendance. When the freeholders are assembled, the sheriff is to Writ to be begin the election by making proclamation of the day and place of the meeting of parliament, and then reading the king's writ. read. Appendix, p. viii. 2 Peck. 13. 18. The sheriff is required by stat. immediately after reading the writ, to take and subscribe an oath, that he is not But such suit must be commenced within three months after the opening of the parliament. |