Form of Objection to Freemen where the right of Election shall have been determined under and by virtue of any Act or Acts of Parliament now in force for the Trial of controverted Elections of Returns of Members to serve in Parliament, to be in the resident Freemen. (4G. 4. c. 55. s. 53.) When an objection not different from one previously ruled, the deputy shall not transmit it, but shall admit the vote. 4 G. 4. c. 55. 8.54. Counties of cities and Provided that in case any objection, not in substance different from one previously ruled by the returning officer or his assessor, be taken, or in case any objection be taken, which shall appear to such deputy to be frivolous, or taken for the purpose of delay, then the deputy shall not transmit the memorandum containing such objection to the returning officer, but shall admit the vote objected to, to be entered upon the poll, If an entry of the affidavit or affirmation of the registry of the freehold required by law to be registered shall not appear in the registry book, or if any person offering to Directions to poll shall not either produce a certificate of registry, or be able to refer to any original affidavit, or affirmation towns. returning freeholders. of his registry in the possession of the deputy clerk of officer when to reject votes the peace, or if he shall refuse to take the oath aforeof persons said, or shall not give a direct answer to each of the claiming to be questions, to be put to him by the returning officer, or his assessor, or if it shall appear to such returning officer by the admission of the person, or by a due examination of one or more credible witness or witnesses upon oath, (which oath the returning officer may administer,) that the person offering to vote by virtue of a freehold has polled before at such election, or has personated another elector, or has polled by virtue of a forged certificate of registry, or offers to poll by virtue of a registry of an alleged freehold, under a lease for life, made by a lessor who had not a freehold estate therein, or by virtue of a registry of an alleged freehold under a lease for life, which lease is to determine on some such condition that a freehold estate has not been demised thereby, or by virtue of any freehold estate, of which he shall not be bona fide seized; then and in every such case the returning officer shall reject the vote of such person, No clause similar to this is in the 1 G.4; but under that act the returning officer may exercise his discretion generally as to the rejection or admission of votes. Counties of Directions to officer when to reject votes of If it shall appear to the returning officer that any 4 G. 4. c. 55. person offering to poll has personated any freeman for 8. 55. the purpose of polling, or that such person is not a cities and freeman, or (unless the freedom of such person shall towns. have come to him by service, birthright, or marriage,) returning that he has not been admitted to his freedom, or that his freedom has not been granted to him six months before persons the teste of the writ for holding such election, then such freemen. returning officer shall reject the vote of such person. If any person shall be admitted to poll who has polled before, or who has personated another elector for the Counties of purpose of polling, or who has polled by virtue of a towns. H claiming to be $. 56. cities and to be taken off officer, on com the poll. Act complained of, to be proved by a Improper votes forged certificate of registry, or who has polled by virtue the poll by the of a registry of an alleged freehold, under the circumreturning stances stated as to persons offering to vote in the last plaint of candi- section but one; the returning officer shall, upon the date, before the final close of complaint of any candidate, take the vote of such person off the poll, at any time before the final closing of the same, provided that the act complained of be set forth and described, and positively declared to have been committed by such person, in an affidavit to be sworn before a justice of the peace, and such affidavit be delivered to the returning officer, and further that the act complained of shall appear to the returning officer, upon a due examination of a witness upon oath, to be proved against such person, which oath, the returning officer may administer, provided that the affidavit, setting forth every such complaint, shall be delivered to the returning officer on the same day on which the act complained of shall have been committed. witness on oath the same day as it was committed. 1 G. 4. c. 11. 8. 14. Knights of shires and boroughs. 4G. 4. c. 55. s.57. Counties of cities and towns. Returning officer or sessor only No other person than the returning officer or his assessor, shall ask any question of any person examined by the returning officer, or his assessor, on account of his vote, or the vote of any other person having been objected to, but the returning officer or his assessor may permit a barrister, or barristers, to argue any question of law before him, on the evening of any polling day by 1 G. 4., and at any time by 4 G. 4. to examine voters objected to, but barrister may argue points of law. 1 G. 4. c. 11. 8. 24. Knights of shires and boroughs. 4G. 4. c. 55. 8.67. In case of the death or severe illness of any returning officer during the continuance of the poll, by the 1 G. 4. the first sworn deputy, and by the 4 G. 4. the other returning officer, if there be two returning officers, or if there be but one, or being two in case of the death or illness of both, the first sworn deputy shall, under the On the death penalty of five hundred pounds to any person suing for the same, proceed with the poll, and act in every respect officer, the first for all the purposes of the election, and with all the Counties of cities and towns. or illness of returning Penalty 5001. power to do any act required by law, to be done by a and other deputies to returning officer, as if he had been originally the return- perform the ing officer, and such deputy shall take the oath directed duty. to be taken by the returning officer at the commencement of the poll, which oath any two justices of the peace may administer; and by 1 G. 4. such deputy and by 4 G. 4. such other returning officer or deputy shall proceed with and close the poll, and return the persons, who have the majority of votes, unless his authority shall be superseded by the recovery of the returning officer, and in case of the death, or severe illness of such first or other sworn deputy, the next deputy in succession from time to time shall act as the returning office, rsubject to the like penalty, and with the same power and take the returning officer's oath in manner aforesaid, and by 4 G. 4. the deputy who shall thus take the place of such returning officer shall be entitled to the same remuneration, as if he had continued to act as deputy. s 16. shires and boroughs. No person whatsoever shall plead or speak in any place 1 G. 4. c. 11. of polling, during the hours appointed for polling by Knights of 1 G. 4. on any thing concerning the polling or the refusal of a deputy to transmit an objection to a vote, or 4G. 4. c. 55, to ask any question of a person offering to poll, and by 4 G. 4. on any matter whatsoever. s. 58. Counties of cities and towns. s. 23. Restraining persons from speaking during the time of polling. The returning officer or his deputy may commit all 1 G.4.c.11. persons to gaol, who shall plead or speak on any matter Knights of contrary to these acts, or be rioters, or interrupt the poll, shires and boroughs, or prevent the approach of electors to the poll, or be 4G. 4. c. 55. guilty of a contempt to the returning officer or his 8:59. deputy, but such imprisonment shall not exceed twenty cities and four hours. Counties of towns. Returning officer may commit persons obstructing the poll. If any person shall disturb any election or the ceedings of the poll, such disturbance shall not be excuse to the returning officer for closing the poll, pro 35 G.3. c. 29. s. 12. an Knights of shires and or boroughs. |