named by the sheriff, not exceeding two free days exclusive of Saturday and Sunday, 2 & 3 Wm. 4, c. 65, s. 29. The 32nd section of this act required the poll to be kept open two days, and prohibited it from commencing on a Saturday; but by the recent statute 16 Vict. c. 28, s. 9, it is enacted, that no poll for any election for any county in Scotland (with the exception of the county of Orkney and Shetland) shall be kept open for more than one day, and that only between the hours of eight in the morning and four in the afternoon.

In Scotch Burghs and Districts of Burghs.] The polling lasts one day only; and that between the hours of eight in the morning, and four in the afternoon. The day of the polling is fixed by the sheriff'; but not more than three free days, exclusive of Saturdays and Sundays, are to elapse between the day of election and the day of polling. In the district of burghs, including Kirkwall in Orkney, known commonly as the week district of burghs, seven free days may intervene between the day of election and the day of polling.

In Irish Counties (a).] The polling is to commence on the next day but two after the day fixed for the election, except when such day would be a Saturday, Sunday, Good Friday, or Christmas Day. Then in case it be Saturday or Sunday, the poll is to com mence on the Monday following; if Good Friday, on the Monday; if Christmas Day, then on the next day, unless that should be a Saturday or Sunday, in which case the poll is to commence on the Monday. The poll is to continue for two days, such days to

(a) 13 & 14 Vict. c. 68, s. 1.

be successive days; except when the second day happens to be Good Friday or Christmas Day, in which case the poll is to be proceeded with on the following day, but if Christmas Day should fall on a Saturday, then the second day of polling must be on the Monday following.

The poll is to open at nine in the morning on the first day, and at eight on the second, and it is to be kept open each day until four o'clock. No poll shall be kept open later than four o'clock in the afternoon of the second day.

Irish Boroughs.] At every contested election for any city, town, or borough in Ireland the polling is to commence at eight in the morning, of the day next but one after the day fixed for the election. The polling continues during that one day only; and no poll is to be kept open longer than five in the afternoon. Provision is made for the day next but one after the day of election being Sunday, Good Friday or Christmas Day, 13 & 14 Vict. c. 68, s. 15.

It will be seen, therefore, that all elections in the United Kingdom now last one day only, with the exception of those in Irish counties, and in the county of Orkney and Shetland in Scotland, which latter is excepted in the Scotch Act on account of the remote situation of some parts of it.

As no

At the hour fixed the polling commences. voter can vote at any booth but that to which he is allotted, the notice of what parishes are to vote at each booth should be placed in legible letters in a conspicuous part of the booth. And when different compartments are allotted to different letters, the notice should be distinctly given, 2 Wm. 4, c. 45,

ss. 44, 68, as to England; 13 & 14 Vict. c. 68, ss. 3, 10, as to Ireland. No similar provision is contained in the Scotch acts; see however 2 & 3 Wm. 4, c. 65, s. 27, and 16 Vict. c. 28.

Inspectors or cheque-clerks are allowed to each candidate for the purpose of checking the poll, 7 & 8 Wm. 3, c. 25, s. 3, as to counties, and 2 Wm. 4, c. 45, ss. 64 and 68.

Every preparation being thus made to enable the voter to give his vote at the election, a few remarks may well be made on the nature of the duties of the returning officer during the time of polling. Previously to the passing of the Reform Bill he had very arduous judicial duties to discharge. He had often to decide upon the qualification of the elector. The great change that took place in the system of representation in Great Britain and Ireland in 1832, has completely altered the character of the office.

Now, the returning officer has the register before him, and every man upon that register is entitled to record his vote. The returning officer has not, in this, the least discretion. If the voter on the register, declares that he has not already voted at the election his vote must be taken.

Subsequently to the Reform Bill, and until the passing of the 6 Vict. c. 18, in addition to the inquiries as to bribery, and the identity of the voter, the returning officer might have been called upon to inquire whether the voter still retained the same qualification for which his name was inserted in the register. But the 6 Vict. c. 18, s. 81, provided that at all future elections in England and Wales, no inquiry should be permitted at the time of polling as to the right of a person to Vote, except as follows.

The voter may be asked,

1. Are you the same person whose name appears as A. B. on the register of voters now in force for the [as the case may be]?

2. Have you already voted, either here or elsewhere at this election for the county [or, &c., as the case may be]?

This question may be put to any voter by the returning officer or his deputy at the request of the candidate, at the time the voter tenders his vote, that is to say before he has voted, and not afterwards.

If the voter wilfully makes a false answer to either of these questions he shall be deemed guilty of a misdemeanor (a).

If the candidate or his agents should require it, an oath may be administered to the voter by the returning officer or his deputy; or a commissioner appointed for that purpose. The oath is given in the same section of the act, and is as follows:

"You do swear (or affirm, as the case may be) that you are the same person whose name appears as A. B. on the register of voters now in force for the county of, &c. (as the case may be), and that you have not voted, either here or elsewhere at the present election for the county of, &c. (as the case may be).”

(a) On an indictment under the Reform Act, against a voter, for giving a false answer to the third question, by stating that he had the same qualification for which he was registered, it was laid down by Patteson J. that, "If the third question was put at the poll in the presence of the returning officer, by another person, but by his direction, that is sufficient. It is not needful that he should put it with his own lips, neither need it be proved that the agent, who required the question to be put, was expressly appointed by the candidate. It is sufficient if he acted as agent for the candidate." Reg. v. Spalding, 1 Car. & Mar. 568.

The 82nd section goes on to enact, that it shall not be lawful to require any voter at any election to take any other oath, either in proof of his freehold or of his residence, age, or other qualification or right to vote.

The law with regard to the inquiries that can be made at an election in Ireland is the same now as it is in England. By the 13 & 14 Vict. c. 68, ss. 88, 89, the only inquiries that can be made at an election in Ireland are 1st, as to the identity of the voter, and, 2ndly, whether he has already voted. No inquiry can take place as to his qualification.

The law is different in Scotland (a). No change has taken place there in this respect since the passing of the Reform Bill. By the 2 & 3 Wm. 4, c. 65, s. 26, in addition to the inquiries as to the identity of the voter, and whether he had already voted, it is competent to inquire whether he is still possessed of the qualification recorded in the register, and this done by putting the following oath :

may be

"I, A. B., solemnly swear (or affirm) that I am the individual described in the register for

as

A. B., of (here insert description in the same words as contained in the register); that I am still the proprietor (or occupier) of the property for which I am so registered, and hold the same for my own benefit, and not in trust for or at the pleasure of any other person; and that I have not already voted at this election."

When the voter is asked, are you the person whose name appears on the register? the inquiry is as to the identity of the person tendering his vote, with the person described on the register, and not whether the voter's name agrees with the description in the re

(a) The oath of possession is abolished at burgh elections; 19 & 20 Vict. c. 58, s. 44.