CHAP. 7. to be erected, or procure buildings at which the poll may be taken.

Appointment of presiding offi

clerks.

13. When a poll has been granted the sheriff shall, by cers and poll precept under his hand, appoint a presiding officer for taking the poll in each district, who shall be then resident within the county and shall have been so for a year then next preceding, and shall thereby direct the presiding officer at the appointed time and place to take the poll within the district as well for the county as the township, if such district includes any part of a township that is to return a representative; and the sheriff shall also appoint a poll clerk for taking the votes under the direction of the presiding officer in each district, and the clerk shall prepare a poll book and enter therein, in separate columns, the names of the candidates for whom votes are to be given within the district; and the names of the candidates and the necessary information regarding them shall, before the opening of the poll, be furnished by the sheriff to the presiding officers, who shall communicate the same to the electors when required; and the sheriff shall be responsible for the conduct of his presiding officers and poll clerks.

Sheriff a presiding officer.

Duty of presid

14. The sheriff may act as presiding officer in a district without precept and without taking the presiding officer's oath. 15. The presiding officer shall, at the opening of the poll, in oficer; his read aloud his precept and declare the names of candidates, and whether for county or township; and shall at or before the opening of the poll and before receiving a vote, take the following oath:

oath; oath of clerk.

Appointment of inspector,

"I, A. B., do swear that I have not received any sum of money, office, employment or gratuity, or any bond bill or note, or any promise of gratuity, by myself or another, to my use or advantage, for making any return at this elec tion; and that I will faithfully discharge my duty at the election to the best of my knowledge and judgment*; and that I will return to the sheriff a true and faithful account of the votes polled in this district wherein I preside."

And the poll clerk shall before or at the opening of the poll take an oath in the same form down to the asterisk, with the addition of these words thereafter: "and I will faithfully record the votes received in the district where I act as poll clerk.”

The sheriff, a justice of the peace, and, in their absence, any two electors, are authorized and required to administer the oaths.

16. The presiding officer shall appoint an inspector, an agent, clerk for agent, and a clerk, when nominated by or on behalf of a candidate; his candidate, and their names shall be immediately entered in the poll book, and the clerk shall take the following oath to be administered by the presiding officer:

oath.

"I, A. B., do swear that I will take this poll fairly and impartially by entering the names and places of abode of

the electors, and the names of the candidates for whom they CHAP. 7. shall vote; and also the description they may give of their

property and title to vote."

and where to

17. Electors for the county in which they reside shall Electors how vote for the county in the electoral district in which they vote. reside. Electors for the township in which they reside shall vote for the township in the electoral district in which they reside, Where a county and township election shall be held at the same time, electors for both shall give their votes for both at the same time; and after once polling any of their votes shall not be permitted to give any remaining votes; and if any such remaining votes shall be entered on the poll book they shall be expunged by the presiding officer, or, in case of his omission so to do, by the sheriff in casting up the votes. The oath to be taken by the electors in this section mentioned, when required, shall be the first oath in the schedule.

township elect

18. Electors for a township lying in the county in which Non-resident they reside, but in which township they do not reside, shall ors where to vote for the township in the district in which their qualifi- vote. cation lies; and the oath to be by them taken, when required, shall be the second oath in the schedule.

lines in dispute.

19. Votes given in a wrong district shall be struck out Where district of the poll book; but where the boundary lines between districts are doubtful, the district in which an elector is reputed to reside, shall be held to be the district in which he should vote.

vote where act

20. Presiding officers, poll clerks, candidates, and the officers may inspectors, agents, and clerks of candidates, may poll all their Inge votes in the district where they are acting; but the names of inspectors and agents must have been previously entered on the poll book as acting in the capacity. The oath to be taken, when required by voters under this section, shall be the third in the schedule. Presiding officers shall make a special return of voters given under this section for townships in which their districts are not included.

ty to be descri

21. An elector when questioned on behalf of a candidate, Voter's properthrough the presiding officer, shall truly describe the pro- bed; manner of perty on which he votes, with the annual produce and value objecting. he derives therefrom, and his title thereto, and the time of registry of deeds under which he votes, and the description, annual value, title and registry, shall be entered in the poll book and be conclusive on the elector: and a candidate against whom the vote is given, or his inspector or agent, may direct the vote to be marked "objected" on the poll book, without requiring the elector to be sworn, or he may mark the vote "objected," and cause the elector to be sworn under the qualification oath applicable, and the oath against fraudulent conveyances and bribery, being the fourth in the schedule, or either of them.

ministered.

22. The presiding officer shall administer the oaths to be Oaths how adtaken by electors.

CHAP. 7.

23. If an elector, when required, shall not take the oaths if oath refused. prescribed, his vote shall be expunged.

Manner of vot

ing.

Duty of presiding officer on close of poll.

Duty of clerk on close of poll.

Penalty for misconduct of pre siding officer.

Penalty for not returning poll book.

24. The presiding officer shall prevent unnecessary delay in polling, and no person shall be permitted to interrupt the polling by addressing the freeholders, or otherwise; and for avoiding needless and factious questioning of voters, the elector shall immediately state for whom he votes; and thereupon, the candidate against whom he votes, or his inspector or agent, may require the presiding officer to put such necessary and pertinent questions as may be proper for ascertaining the elector's right to vote, and the presiding officer shall allow no other questions to be put, nor shall any questions be put, except through him, nor shall he permit the time to be unnecessarily protracted on pretence of questioning a voter, and the presiding officer shall promptly put the questions, and the poll clerk shall instantly ter in the poll book the purport of the answers, and read the same aloud to the voter. If the elector shall not proraptly answer the questions his vote shall be expunged, and he shall not be allowed to poll again.

in

25. The presiding officer, after the close of the poll, and before making return to his precept, shall subscribe in the poll book the following oath, to be administered by a justice of the peace or two freeholders of the district: "I, A. B., presiding officer for the district of the county of do swear that the poll clerks were duly sworn, and that to the best of my belief this poll book was truly and correctly taken under my direction, and contains a true and correct statement of the votes taken at the poll for the district held in pursuance of the sheriff's precept to me directed, and tested the day ofin the year of our Lord one thousand eight hundred and "

26. The poll clerk, after the presiding officer shall have taken the oath in the preceding section, shall enclose and seal the poll book, and deliver it to the presiding officer at the poll, who shall give a receipt therefor, and shall forthwith return the same, so sealed, with his receipt, to the sheriff.

27. If a presiding officer shall not, when required, administer the oaths to an elector in a competent state of mind to take them, or shall allow any person to interfere, or put questions to voters, by which time is taken up, or shall put questions other than in this chapter specified, contrary to the wish of any candidate or his agent, or shall wilfully protract, or permit to be protracted, the polling, or shall otherwise offend in the premises, he shall forfeit ten pounds for every offence.

28. If a presiding officer shall not, before the opening of the sheriff's court on the day to which the same was adjourned, return the poll book and his precept to the sheriff, or shall alter the poll book, he shall be liable to an action for

damages at the suit of any party aggrieved, and shall also forfeit for every offence fifty pounds, and the further sum of five pounds for every day's neglect to return the poll book.

CHAP. 7.

29. If a poll clerk shall offend in the premises he shall Penalty for poll forfeit ten pounds for every offence.

30. If any elector shall knowingly vote in a wrong district, he shall for every offence forfeit five pounds.

clerk's misconduct.

Penalty for vo

ting in a wrong
district.
Penalty for
twice voting

another.

siding officers,

the peace.

31. If a person shall vote more than once at the same election for the same county or township, or shall vote or personating under a false name, or shall personate and vote in the name of another, or not being qualified to vote, shall knowingly vote, he shall for every offence forfeit twenty pounds. 32. The sheriff at his courts, and the presiding officers at Sheriffs and pretheir polling places, shall be, during the day on which the conservators of elect n or polling may be prosecuted, conservators of the peace, and vested with the same powers for the preservation of the peace and the apprehension and committal for trial or holding to bail, or trying and convicting violators of the law and good order, as are vested in justices of the peace; and for the purpose of preserving peace and good order at the election or polling, the sheriff or presiding officer may require the assistance of all persons present to assist him, and may commit any persons for breach of the peace, violating or threatening electors at, or coming to, or returning from, the election or polling, or for any violation of good order, to the custody of any person on view, for any time not exceeding twelve hours, or may, by a writing under his hand, commit to prison for a like offence for a period not extending beyond the second day thereafter, and, at the expiration thereof, may cause the offender to be brought before a justice of the peace, who shall inquire into the matter, and may fine the offender in a sum not exceeding forty shillings and costs, and commit him to jail until the fine be paid; and all persons present are enjoined to assist the offieer presiding and justices in discharging such duties under pain of being guilty of a misdemeanor; and justices residing in the district, upon being notified in writing by the sheriff or presiding officer, shall attend to aid in preserving peace and order; and the jus tices, sheriff, and presiding officers, may, when considered necessary, swear in special constables to act as peace officers, and assist in maintaining peace and order; and upon the written application of a candidate or his agent, or two electors, the sheriff or presiding officer shall swear in such special constables as may be requisite.

33. If a presiding officer, before the termination of the poll, shall die, or be incapable of performing, or shall not perform, his duty, the poll clerk shall act in his stead and perform his duties; but before commencing his new duties he shall appoint a poll clerk, who shall, with the new pre

Poll clerk to net nicer in case of death or acci

as presiding

dent.

CHAP. 7. siding officer, previously to entering upon their duties, take the oath prescribed for presiding officers and poll clerks, and they shall have the same powers and be liable to the same penalties in their new capacities as if originally ap pointed.

Poll clerk's place how sup

accident.

34. If a poll clerk shall, before the termination of the plied in case of poll, die, or be incapable of performing, or shall not perform his duty, the presiding officer shall appoint another poll clerk to act in his stead; and the new poll clerk, before entering on his duties, shall take, in manner as if originally appointed, the oath prescribed; and he shall have the same powers and be liable to the same penalties as if originally appointed poll clerk.

Sheriffs duty on

reassembling

clamation of candidate.

35. The sheriff shall keep the poll books unopened until his court; pro- the re-assembling of his court on the day to which the same shall have been adjourned, and then he shall openly break the seals thereon, and cast up the votes as they appear on the poll books, adding those on the special returns, and shall then openly declare the state of the poll; and if within one hour thereafter no objection shall be made on the ground of persons having voted in a wrong district, or more than once, as hereinbefore mentioned, he shall forthwith thereafter proclaim the candidates having the majority of votes as duly elected members, and make return accordingly; but if a candidate, or three freeholders for the county or township shall, within the hour, make objection that a person has polled in a wrong district, or more than once, contrary to the provisions of this chapter, and shall require the sheriff to investigate the objection, the sheriff shall not then proclaim the member chosen, but shall adjourn to the next day but one thereafter, at ten o'clock in the forenoon, at the same place, and shall then and there proceed and continue from day to day to hear evidence for or against the objections, and if it shall thereupon clearly appear that a voter has been polled in a wrong district, or more than once, contrary to the provisions of this chapter, the sheriff shall expunge his vote from the poll book, and shall forthwith thereafter, having ascertained the corrected numbers of votes, proclaim the candidates having then the majority of votes as duly elected members, and shall return the evidence given on the investigation, with his writ, to be laid before the house of assembly, but no decision of the sheriff on the investigation shall conclude any candidate or freeholder who may petition the house thereon either with or without the prosecution of a general scrutiny. Witnesses on the investigation shall be sworn by the sheriff.

Penalty for misconduct of sheriff.

36. If a sheriff shall falsely and wilfully expunge a vote from the poll book, or wilfully return any person as duly elected who shall not have the majority of votes on the poll book, or shall wilfully be guilty of a violation of this chapter, he shall forfeit two hundred pounds.