The Law of the Hustings and Poll Booths

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Cambridge Scholars Publishing, 2009 - 60 sivua
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 Excerpt: ... CHAPTER VI. THE POLLING-BOOTHS. In contested elections, after the show of hands, the unsuccessful candidate, usually by his proposer, demands a poll. A poll, however, may be demanded by any elector. When a poll has been demanded, it is an abandonment of every thing that has been done before, and every thing anterior is not of the substance of the election, nor to be so received. (See Sir W. Scott, 1 Haggard's Consistory-Court Cases, p. 13.) When a poll is demanded it cannot be refused; having been demanded, the demand cannot be waived. The returning officer is bound to take it both by statute (7 and 8 W. III. c. 25. s. 3.) and at Common Law. Lord Coke says (4 Inst. 48), " If the party or the freeholders demand the poll the sheriff cannot deny the scrutiny." If there be any irregularity in the mode of demanding the poll, the taking of it would be a complete waiver of such irregularity. (See Tindal, C.J., 5 Ad. & El. 88.) So soon as a poll is demanded the proceedings are adjourned, for the purpose of taking it. By section 62. of the Reform Act, amended by 16 and 17 Vic. c. 15., it is directed that the polling of counties shall commence at eight o'clock in the forenoon of the next day but two after the day of nomination, unless such next day but two should be Saturday or Sunday, and then on the Monday following. By the 2d section of the 5 and 6 W. IV. c. 36. the polling for boroughs is to commence at eight o'clock of the day next following the day fixed for the election, unless the day following should be Sunday, Good Friday, or Christmas-day, then on the day following the excepted day. During the interval between the nominationday and the day of polling the booths are erected in the respective districts; the deputies of the returning officers are also appoin...

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