CHAPTER VII.

DECLARATION OF THE POLL.

AFTER the final close of the poll in counties (section 65. of the Reform Act), the sheriff or under-sheriff receives and keeps all the poll books unopened until the re-assembling of the court on the day next but one after the close of the poll, unless that day shall be Sunday, and then on the Monday, when he shall openly break the seals, and cast up the number of votes as they appear on the books, and shall openly declare the state of the poll, and make proclamation of the members chosen, not later than two o'clock of the afternoon.

In boroughs the same course is pursued by the returning officer (section 68. of the Reform Act), except that the declaration is to be made on the next following week-day; and the returning officer may, if he think fit, declare the final state of the poll, and proceed to make the return immediately after the poll has been lawfully closed.

If the votes should happen to be equal, the returning officer, in England, Wales, and Scotland, makes a double return: in Ireland he has himself the casting vote.

Where, from any acicdent, the poll books in the hands of the returning officer are imperfect, and he has reason to believe that the missing poll books, or a correction of the imperfections in the poll books, would alter the result, he may make a double return.

E

If the returning officer count up the tenders as well as the votes it is a false return.

The case of the death of the returning officer pending the election does not seem to have been provided for (the 17th and 18th Vic. c. 57. only provides for there being no returning officer when the writ is issued). But it would appear, from analogy to the Irish practice, that the first deputy might make the return.

If the sheriff go out of office pending the election the new sheriff will make the return, with an indorsement stating the fact.

Without a proper return the member cannot

take his seat.

The return must be signed by the returning officer, but the signature of the electors, although usual and proper, would appear to be not absolutely necessary.

We have already seen that the form of the return is an indenture, tacked to the writ upon which is indorsed a reference to such indenture. (See forms ante, p. 33.)

After a return has been once made no one can alter it. The House must deal with it.

If any returning officer shall wilfully delay, neglect, or refuse duly to return any person who ought to be returned (that is, who has the majority of votes on the poll) for any place in Great Britain, such person may, in case it shall have been determined by a Select Committee that such person was entitled to have been returned, sue the returning officer, and recover double the damages he shall sustain, together with full costs. 11 and 12 Vic. c. 98. s. 103.

Transmission of Poll books to Clerk of the Crown. After the declaration the returning officers shall tender the poll books to the candidates, to receive their respective seals; and, if they decline, shall indorse a memorandum of that fact, and, as soon as possible after the declaration, he shall deliver the poll books so signed to the Clerk of the Crown in Chancery, or shall deliver them to the postmaster of the place where the poll has been declared, who shall give a receipt, stating the time of the delivery, and shall keep a duplicate of the receipt, signed by the returning officer. And the postmaster shall despatch the books by the first mail to the General Post-Office, and the PostmasterGeneral shall immediately convey them to the Crown Office, and receive a receipt, stating the time of delivery, and the Clerk of the Crown Office shall register the time of receipt. The returning officer shall also advise the Clerk of the Crown of the transmission of the poll books through the Post. 6 Vic. c. 18. sec. 93.

CHAPTER VIII.

CORRUPT PRACTICES.

CORRUPT practices at elections are now by statute declared to be Bribery, Treating, and Intimidation.

Bribery.-The statutable definition of bribery may be thus epitomized.

The act (17 and 18 Vic. c. 102.) recognises two classes of bribery cases.

The first class is punishable as a misdemeanor, and also with a forfeiture of 100l. and full costs to any one who will sue.

The second class is punishable as a misdemeanor, and also with a forfeiture of 107. and full costs to any one who will sue.

Individuals of either class are incapable of being for ever afterwards placed upon a registry of voters.

FIRST CLASS.

A person is guilty of bribery,

1. If he give, or offer, or promise, any valuable consideration to anybody with a view to induce a voter to vote or refrain from voting, or on account of his having voted or refrained from voting.

2. If he give, or promise to procure, or to endeavour to procure, any office, place, or employment for any similar object.

3. If he give, lend, or promise, to any person, with a view to induce that person to procure, or endeavour to procure, the return of any person or the vote of any voter.

4. If, in consequence of any gift, &c., he shall engage or endeavour to procure a

return or votes.

5. If he shall pay money with intent that it shall be spent in bribery, or shall repay money so spent.

SECOND CLASS.

A person is also guilty of bribery,

1. If, being a voter, he receive, or agree for any valuable consideration for voting, or agreeing to vote, or refraining or agreeing to refrain from voting.

2. If he shall, after any election, receive any valuable consideration on account of any person having voted, or refrained, or for having induced any other person to vote or refrain.

This, however, is only a statement in popular language of the intent of the legislature. The definitions themselves are elaborated with the hope of including every shift and evasion under which a purchase or sale of votes may be disguised.

II. The following persons shall be deemed guilty of bribery, and shall be punishable accordingly

1. Every person who shall, directly or Bribery defined. indirectly, by himself, or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer, promise, or promise to procure or to endeavour to procure, any money, or valuable consideration, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such voter having voted or refrained from voting at any election:

2. Every person who shall, directly or indirectly, by him

self, or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure, or to endeavour to procure, any office, place, or employment, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting at any election: 3. Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person, in order to induce such person to procure, or endeavour to procure, the return of any person to serve in Parliament, or the vote of any voter at any election: