the number of hundreds or other like division, and not exceeding fifteen in the whole; and shall affix, on the most public part of each, the name of the hundred for which such booth is designed.

And shall make out a list for each booth of the several towns, parishes, and hamlets, wholly or in part, within such hundred; and shall, on request, deliver a copy to any of the candidates, paying for the same 2s. Ibid.

And shall appoint clerks at each booth to take the poll; who shall be paid by the candidates, not exceeding each one guinea a-day. Ibid.

In the county of York, the sheriff must erect such number of convenient booths for the poll, as any of the candidates, three days before the election, shall desire. 7 Geo. IV. c. 55.

ELECTION TO

BE FREE.

didates than city

By the 9 Geo. IV. c. 59, whenever at an election for any city, borough, Arrangements town, or port, in England or Wales, where the number of electors exceeds where more can600, more candidates than the city, &c., may return are put in nomination, can return are and a poll demanded, the returning officer being required in writing by a put in nominacandidate or his agent, must divide the polling place into compartments, tion. according to the number of votes, with accommodation for a poll-clerk, agent, and check-clerk, for each candidate, and a separate avenue for the voters; and if the usual polling-place be not sufficiently large, another may be used, as near it as is practicable, within the precincts of the city, &c.; and for each compartment a clerk must be provided by the returning officer, to take the poll and administer the requisite oaths, at not more than a guinea a day; the reasonable expenses to be defrayed by the candidates; or if they do not declare their assent, by such persons as nominate them.

Sect. 9 of 18 Geo. II. c. 18, enacts, that the sheriff shall allow a check- Check-book. book for every poll-book, for each candidate; to be kept by their inspectors, at every place where the poll shall be taken.

towns corporate.

By the 7 & 8 Wil. III. c. 25, s. 1, with respect to cities, boroughs, and In cities, botowns corporate, the sheriff or other officer who received the writ shall forth- roughs, and with make out a precept to each borough, town corporate, or place within his jurisdiction where any members are to be elected, and within three days, (and in the Cinque Ports within six days, 10 & 11 Wil. III. c. 7,) after receipt of the Cinque ports. said writ, shall by himself or proper agent deliver the precept to the proper officer of such borough, town corporate, or place within his jurisdiction, to whom the execution of such precept doth belong, and to no other person whatsoever. And every such officer shall indorse the day of his receipt thereof in presence of the party of whom he received the same, and shall forthwith cause public notice to be given of the time and place of election, and shall proceed to the election within eight days after the receipt of the precept, and give four days' notice at least of the day appointed for the

election.

themselves.

By the 19 Geo. II. c. 28, s. 6, 7, in a city or town, being a county of In cities or towns itself, the sheriff shall forthwith, on receipt of the writ, give public notice of being counties of the time and place of election, and proceed to election thereupon within eight days next after the receipt of the writ, and give three days' notice thereof at least, exclusive of the day of receipt of the writ and of the day of election: and the sheriff shall allow a check-book for every poll-book for each candidate, to be kept by their inspectors at the place of taking the poll.

II. Election to be Free.

free.

By the 3 Edw. I. c. 5, because elections ought to be free, the king com- Elections to be mandeth, upon great forfeiture, that no man, by force of arms, nor by malice or menacing, shall disturb any to make free election.

By the declaration of rights, 1 Wil. III. sess. 2, c. 2, it is insisted, that elections of members of Parliament ought to be free; and that freedom of speech, and debates of proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.

And by the 8 Geo. II. c. 30, on notice of an election, the secretary at war Soldiers to be shall send orders for the removal of soldiers one day at least before the

removed.

ELECTION:

election, and not to return till after the poll shall be closed. But this not to CANDIDATES. extend to the guards, nor to any castle or fortified place, where a garrison is usually kept; nor to any officer or soldier having right to vote at such election. See 1 Peckw. 89.

Officers of the post-office, &c. not to interfere.

Riots.

By the 9 Anne, c. 10, s. 44, no officer of the post-office shall, by word, message, or writing, or in any other manner, endeavour to persuade any elector to give, or dissuade any elector from giving, his vote in any election.By the 5 Wil. III. c. 20, and 9 Anne, c. 11, s. 4, there is the like provision with respect to the officers of excise.-And the like by the 12 & 13 Wil. III. c. 10, with respect to the officers of the customs.

If riots are carried to a great extent, accompanied with personal intimidation, and exclude the possibility of a fair exercise of the franchise, they will avoid the election. Orme, 18; 1 Peck, 77.

Infants.

Aliens.

Persons attainted, &c.

Absence.

Clergymen disabled.

Penalty on sitting or voting.

Proof of vocation.

Limitation of action.

Judges.

Papists.

Placemen.

III. Qualification, &c. of Candidates.

By the 7 & 8 Wil. III. c. 25, s. 8, no person under the age of twenty-one years shall be capable of being elected.

Aliens, 4 Inst. 47, denizens or naturalized aliens, 12 & 13 Wil. III. c. 2, s. 3, are ineligible.

Persons attainted of treason or felony are ineligible. 4 Inst. 47.

So are outlaws in criminal proceedings. 2 Hats. 37.

Absence from England is no ground of ineligibility. Simeon, 51.

By the 41 Geo. III. (U. K.) c. 63, s. 1, 2, no person ordained a priest or deacon, or being a minister of the church of Scotland, shall be capable of being elected a member of the House of Commons; but the election of such person shall be void.

Sect. 2. If any person, after his election, shall be ordained a priest or deacon, or such minister as aforesaid, he shall vacate his seat.

Sect. 3. If such person shall, in either of the two cases aforesaid, presume to sit or vote as a member of such house, he shall forfeit for each day he shall so sit or vote 500l. to any person who shall sue for the same in any of his majesty's courts at Westminster; and such penalty shall be recovered, with full costs, by action of debt, bill, plaint, or information: and every person against whom such forfeiture shall be recovered, shall be, from thenceforth, incapable of taking, holding, or enjoying any benefice, living, or promotion ecclesiastical, or any office of honour or profit under the crown.

Sect. 4. And proof of the celebration of divine service, according to the rites of the church of England or Scotland, in any church or chapel, consecrated, or set apart for public worship, shall be deemed prima facie evidence of the fact of such person having been ordained a priest, or deacon, or minister of the church of Scotland, within the meaning of this act.

Sect. 3. But no person shall be liable to any such forfeiture, unless the prosecution be commenced within twelve calendar months after such forfeiture shall be incurred.

The judges of England are ineligible. 4 Inst. 47.

By the 30 Chas. II. s. 2, c. 1, no papist shall sit in either House of Parliament. But now, by the 10 Geo. IV. c. 7, they may do so on taking certain oaths therein prescribed. See post, Popery.

Sir William Blackstone says, no person concerned in the management of any duties or taxes created since 1692, except the commissioners of the treasury, nor any of the officers following (viz. commissioners of prizes, transport, sick and wounded, wine-licences, navy, and victualling; secretaries or receivers of prizes; comptrollers of the army accounts; agents for regiments; governors of plantations and their deputies; officers of Minorca and Gibraltar; officers of the excise and customs; clerks or deputies in the several offices of the treasury, exchequer, navy, victualling, admiralty, pay of the army or navy, secretaries of state, salt, stamps, appeals, wine-licences, hackney coaches, hawkers and pedlars), nor any persons that hold any new office under the crown cre

ated since 1705, are capable of being elected or sitting as members. 1 Blac. CANDIDATES. Com. 175.

a member, elec

By the 6 Anne, c. 7, s. 26, if any person, being chosen a member of the Accepting of ofHouse of Commons, shall accept of any office of profit from the crown, during ice of profit while such time as he shall continue a member, his election shall be, and is hereby tion void, but declared to be void, and a new writ shall issue for a new election, as if such may be again person so accepting was naturally dead. Provided, nevertheless, that such person shall be capable of being again elected, as if his place had not become void, as aforesaid.

elected.

By the 22 Geo. III. c. 45, sect. 1, all persons holding contracts made Contractors. with the commissioners of the treasury, navy, victualling-office, or board of ordnance, for or on account of the public service, shall, during the time they shall hold such contracts, be incapable of being elected, or of sitting or voting in the Hose of Commons.

An army-clothier, who contracts with a colonel of a regiment, or his agents, to furnish clothing for such regiment, is not within stat. 22 Geo. III. c. 45, which renders all persons holding contracts for the public service incapable of being elected or sitting in the House of Commons.-Thomson, q. t. v. Pearse, Esq. 3 Moore, C. P. 260.

By the 6 Anne, c. 7, sect. 25, no person having a pension from the crown Pensioners. during pleasure, shall be capable of being elected.

Neither shall any person having a pension from the crown for any term of

years, either in his own name, or in the name of any other in trust for him, be

capable of being elected.

But a pension received by the wife does not disqualify the husband. Reading Corb. Dan. 114.

By the 41 Geo. III. (U. K.) c. 52, sect. 4, 5, persons who shall hold any Irish placemen of the following places in Ireland, shall be disabled to sit in the Commons &c. House of the Parliament of the united kingdom, under similar penalties as incurred under former British or Irish acts, or if disabled by this act, to forfeit 5007. per diem: viz. commissioners of customs, excise, or stamps, or persons any ways concerned in farming, collecting, or managing any part of the revenue (except the commissioners of the treasury and their secretary); commissioners of appeals or of accounts, army-agents, contractors (except members of trading companies, as such); clerks of the treasury (except the secretary), or of the auditor's letters, or chancellor of the exchequer (except the chancellor's secretary), or of the commissioners of the stamps, or of appeals; and all persons who, in any future Parliament, shall hold new places under the lordlieutenant.

Sect. 8. Provided, that nothing herein shall extend to offices held for life, or during good behaviour; except such as concern the revenue.

Sect. 2. But if any person, chosen a member, shall accept any office of profit from the crown, or by the appointment, or subject to the approbation of the lord-lieutenant, his seat shall become vacant; provided, nevertheless, that (if there be no other incapacity) he shall be again eligible.

Police magistrates, 3 Geo. IV. c. 55, s. 14, 10 Geo. IV. c. 44, s. 18, and Police magisreceivers under the police, 10 Geo. IV. c. 44, s. 18, are ineligible.

trates, &c.

An office rendering the holder ineligible, if resigned previous to the elec- Resigning office. tion, though the resignation be not formally accepted, does not operate as a disqualification. 2 Dougl. 367.

estate.

By the 9 Anne, c. 5, s. 1, no person shall be capable to sit or vote in the Qualification by House of Commons for a county, unless he hath an estate, freehold or copyhold, for his life, or some greater estate, of the clear yearly value of 600l.; nor

for a city or borough, unless he hath a like estate of 300%.

Sect. 5. And any other candidate or two electors may, upon reasonable request to him made (at the time of the election, or before the day prefixed for the meeting of Parliament), require him to take the following oath:

I, A. B. do swear that I truly and bona fide have such an estate in law or equity, to Oath of qualificaand for my own use and benefit, of or in lands, tenements, or hereditaments, over and tion.

above what will satisfy and clear all incumbrances that may affect the same, of the annual

1

CANDIDATES. value of above reprises, as doth qualify me to be elected and returned to serve as a member for the of , according to the tenor and true meaning of the act of Parliament in that behalf; and that my said lands, tenements, or hereditaments are lying or being within the parish, township, or precinct of, or in the several parishes, townships, or precincts of in the county of or in the several counties

Bxceptions.

Qualification to

be delivered in

House of Com

mons.

of

(as the case shall be.)

The same to be administered by the returning officer, or two justices; who shall, in three months, certify the same into the chancery or king's bench, under a penalty of 1007.; half to the king, and half to the informer.

Sect. 2. Provided that nothing in the act shall extend to make the eldest son or heir apparent of any peer or lord of Parliament, or of any person qualified by this act to serve as knight of a shire, uncapable of being elected and returned, and sitting and voting as a member of the House of Commons in any Parliament.

By the 33 Geo. II. c. 20, every member, before he shall vote in the House at the table of the of Commons, or sit there during any debate, shall, after the speaker is chosen, deliver in at the table in the middle of the house, whilst the house is there sitting, with the speaker in the chair, an account signed by such member, containing the name of the place where his qualification lies, declaring the same to be of the annual value of 600l. above reprises, if a knight of a shire; and of 3001. if a citizen, burgess, or baron of a cinque port; and shall also at the same time take and subscribe the oath following:

Oath to be there taken.

Exceptions.

Commissioners of accounts.

Member be.

rupt.

I, A. B., do swear, that I truly and boná fide have such an estate in law or equity, and of such value, to and for my own use and benefit, of or in lands, tenements, or hereditaments, over and above what will satisfy and clear all incumbrances that may affect the same, as doth qualify me to be elected and returned to serve as a member for the place I am returned for, according to the tenor and true meaning of the acts of Parliament in that behalf; and that such lands, tenements, or hereditaments, do lie as described in the paper or account signed by me, and now delivered to the clerk of the House of Commons. So help me God.

But this also shall not extend to the eldest son or heir apparent of a peer, or of any person qualified to serve as a knight of a shire, or to the members of either of the universities.

By the 41 Geo. III. (U. K.) c. 101, s. 23, the 33 Geo. II. c. 20, is extended to members elected to the united Parliament for England, Wales, Berwick-upon-Tweed, or Ireland. And the qualifications may be situate in either of those respective parts of the united kingdom.

By the 59 Geo. III. c. 37, after reciting the 9 Anne, c. 5; 33 Geo. II. c. 20; and 41 Geo. III. c. 101, it is enacted, that it shall be sufficient that such lands, tenements, or hereditaments, whereby any verson who shall be elected a member of the House of Commons in the united kingdom shall make out his qualification in manner by the said acts, shall lie either within England, Wales, Berwick-upon-Tweed, Scotland, or Ireland.

By the 25 Geo. III. c. 52, s. 25, the commissioners for auditing the public accounts shall be incapable of sitting in the House of Commons.

By the 52 Geo. III. c. 144, s. 1, wherever a commission of bankruptcy coming a bank shall be awarded against any member of the House of Commons, and he shall be found and declared a bankrupt under the same, he is incapacitated for the next twelve calendar months from sitting or voting in the house, unless within that period the commission shall be superseded, or the creditors proving their debts shall be paid or satisfied the full amount of their debts under the commission: the same clause having a proviso, that such debts, (if any) as shall be disputed by the bankrupt, (if he shall, within the same time, enter into security according to the directions of the act, to pay such money as shall be recovered against him in law or equity, together with the costs,) shall be considered, for the purposes of the act, as paid or satisfied.

By sect. 2, if the commission shall not within twelve calendar months be superseded, nor the debts so satisfied, then the commissioners are required, immediately after the expiration of twelve calendar months from the issuing of the commission, to certify the same to the speaker, and thereupon the election

of such member is to be void, and the speaker is authorized and required, dur- CANDIDATES. ing any recess, forthwith, after receiving such certificate, to cause notice thereof to be inserted in The London Gazette, and then, upon the expiration of fourteen days, to issue his warrant to the clerk of the crown to make out a new writ in the room of such member; but nothing herein shall empower the speaker to issue such warrant, unless such certificate shall have been delivered to him so long before the next meeting of the house for the despatch of business, as that the writ may be issued before that time.

IV. Qualification of Electors, and herein of Bribery.

By the 7 & 8 Wil. 3, c. 25, s. 8, no person shall be admitted to vote under Infants. the age of twenty-one years. Women cannot vote. 4 Inst. 5.

Women.

Nor can aliens, 12 Journal, 367; unless made denizens by letters patent, Aliens. or naturalized by statute. Shepherd, 1.

By the 6 Anne, c. 23, s. 13, every elector, before he is admitted to vote, Abjuration oath. shall, if required, take the oath of abjuration.

And papists were once disabled if they refused the oaths of allegiance, su- Papists. premacy, or abjuration; but these disabilities have been removed in Ireland

by 33 Geo. III. c. 21, 10 Geo. IV. c. 7, s. 5, and in Great Britain by 10 Geo. IV. c. 7, s. 5; and a particular oath is pointed out and set forth in the latter act, which see, post, Popery.

revenue.

By the 22 Geo. III. c. 41, no person employed in managing the duties of Persons emexcise, customs, stamp-duties, salt, houses and windows, or revenue of the ployed in the Post Office, shall be capable of voting for a member to serve in Parliament; and if he shall presume to vote during the time that he shall hold such office, or within twelve calendar months after he shall have ceased to hold the same, his vote shall be void, and he shall forfeit 100. See 1 Fras. 164; 1 Peck. 397; 2 Lud 561, 558; Shep. 3.

corn meters of

By the 51 Geo. III. c. 84, nothing in the 22 Geo. III. c. 41, shall extend to Not to extend to the coal-meters or corn-meters of the city of London, to render such coal-meters coal-meters or or corn meters incapable of giving their votes for members to serve in Parlia- the city of Lon ment as other persons having a right of voting may do, provided such coal- don. meters and corn-meters shall not receive or be entitled to receive any salary, fee, or reward, payable out of the revenue of customs, or other public revenues of the crown.

Police magistrates, receivers of fees at the police offices, and constables Police magiswhilst they remain in office, and for three months afterwards, are incapable of trates, &c. voting for Middlesex, Surrey, Westminster, or Southwark, 54 Geo. III. c. 37, s. 15; and the same incapacity is extended to those of the Thames police, id. c. 187, s. 36; which disabilities are, with respect to the new police force, established by the 10 Geo. IV. c. 44, extended to six months after quitting office, and to the counties of Middlesex, Surrey, Hertford, Essex, and Kent, and all cities and boroughs within the metropolitan district, under a penalty of 1001. 10 Geo. IV. c. 44, s. 18. Shepherd, 3.

tions.

Persons employed at elections, or within six months before, or a fortnight Persons emafter, as counsel, agent, attorney, poll-clerk, flagman, or in any other capacity ployed at elec for the purposes of the election, are, if they receive at any time any money, &c., or place in consideration of such employment, disqualified. 7 & 8 Geo. IV. c. 36.

The receipt of alms, or parish relief, as such, at any time within a limited Receiving alms. time before the election, generally a year, 2 Dougl. 126, though in particular cases this period is extended either by act of Parliament, as in London (11 Geo. I. c. 18, s. 14), or by a determination of the House of Commons, 2 Dougl. 105; or special usage will disqualify the voter, Shepherd, 4, and the authorities there collected. Almsmen, or those living in alms-houses, 1 Dougl, 277. Where the right of voting accrues after the receipt of relief,