IV. The process by which those seats shall be filled: say Elec- tion, how; see Section 8. See also Section 4. Election Offices; Sections. Election Apparatus; Section 7. Voters' titles, ^c.
V. The timCy during which the Members shall, without fresh Election, continue in their seats: say Members' continuance; see Section 1 1..See also Section 12. Vacancies, how filled; Section 13. Security for the House against disturbance by Members.
Art. 2. The number of Seats shall be, as at present, six hun- dred and fifty-eight.
Art. 3. For determining what persons are to be Electors, the whole surface of the United Kingdom shall be divided into Election Districts, the same in number as the Seats. See Section 9.
* Note I.
Art. 4. In and for each Election District, one Member;, and no more, shall be elected.
Art. 5. Ill respect of quantity of population, the Election Districts shall be as nearly equal to one another, as convenience, in respect of local circumstances, will permit.
In no district shall the number of Electors be less than [half] * the average magnitude: in no district more than [double].
But, unless for special cause assigned, no purposed departure from the average shall be made.
In quantity of population being thus nearly equal, in extent the districts will consequently be proportionably different. See Section 9- Art, 6. For saving of delay, vexation, and expense in journeys, and inconvenience by thronging at the place of polling, any Election District may be divided into Polling Districts, called also Sub-districts.
In each Sub-district, the Votes belonging to that Sub-district shall be received, and thence transmitted to the Office of the Election District. See Section 8.
Section 2. ELECTORS, WHO.
Art. 1. Saving as per Article 6, Every male person, in whose favour a written instrument, in the form in Article 4 described, by the name of a Fote-making Certificate, shall, by the persons therein described, have been signed in manner therein mentioned, — shall, in and for the Election District, to which, according to the description given in Sections 9 and 10, he appertains, be entitled to deliver his vote, as per Section 9^ at the Election of a Representative of the People for that same District.
Art. 2. To be valid, such Vote-making Certificate must be signed by three persons, styled Vote-makers, * Note II.
Art. 3. No person can be a Vote-maker, unless he or she has been a Householder, occupier of a Household within the Election District in question, for and during at least [twenty-six weeks] next before the day on which the Certificate is signed.
For the arrangements, established for determining what Habita- tion shall to this purpose be deemed a Household, see Section 10.
Art. 4. Here follows the Form of a Vote-making Certificate:* Election District [ ].
Polling District [ ].
This is a Vote-mzMmg Certificate, made to serve for the ensu- ing Parliament, which is to meet on the 1st day of January in the year 1822.
The day on which it is made is the [ ] of [ ] [1821].
The person to whom it is to give a Vote is [ ].
The persons, by whose declaration, as hereinafter expressed, this Certificate, and thereby the Vote, are given, are we, whose names and descriptions are here, by our several hands respec- tively, immediately underwritten, in the alphabetical order of our surnames; to wit That which we hereby certify is, that, according to the several true declarations following, as contained in the nine numbered paragraphs following, he the said [ ] i* entitled to give a Vote, in the Polling District above mentioned, on the Election of a Member to serve for the Election District above mentioned, in the above-mentioned ensuing Parliament.
" I. At the House of [ ] above written, on the day above written, on or about [ ] of the clock in the [ ] we, whose names and descriptions are above written, did write them: to wit, each of us his own name * See this form filled up, Note III.
and description, in the sight, and at the same time in the hearing, of the two others.
" If. In our sight and hearing is now present the above- mentioned [ ]. His name and description, his name being herein and now immediately written by his own hand, here follows, to wit [ ] Inmate in the Household whereof the above-mentioned [ ] is Householder.
" in. He declares to us, that in the above-mentioned House- hold, to wit, [ ], for upwards of \_fouf\ weeks together, ending with the commencement of this day, he has been \an Inmate]. It is our belief, that this his declaration is true.
" IV. He declares to us, that he is upwards of %\ years of age. It is our belief, that this his declaration is true.
" V. In the sight and hearing of all of us together, he has read aloud the whole of the printed part of this certificate.
" VI. Also, divers lines, pitched upon by us at random, in the act of parliament, by which this Certificate is required.
" VII. It is the sincere belief of every one of us, that the lines so pitched upon by us were really read by him, and that they had not, any of them, been committed by him to memory, for the purpose of their falsely appearing to be read. They were not, in any part, repeated by him from the moulh of any other person.
" VIII. From the manner of his reading, as above, we do be- lieve him capable of reading any portion of the ' New Testament,' as printed in the English language.
" IX. He has, in like manner, in our presence, signed the declaration following. * I do hereby, seriously, deliberately, and solemnly, declare and promise to my fellow-countrymen, as fol- lows: — Declakation.
* 1. When, at the approaching Election, hy means of this Certificate, I have given my vote, I never will declare, nor otherwise endeavour to make known, to any person whatsoever ^ directly or indirectly, either for or against, what proposed Mem- ber such my vote was given.
*■ 2. Should any question be ever put to me, any one word said to me, or any sign made to me, having for its object the causing me so to make known my vote; every such question, word or sign, I shall consider, as the luzo considers it, as an attempt at oppression.
' I do hereby declare, that wider the sense of such oppression, no more reliance ought to be placed on any thing I say, than if the same were addressed by me, to a robber, or to a person in- sane, for the purpose of saving, from immediate destruction, my own life, or that of some person dear to me. Witness my hand.
Art. 5. Here follow the Instructions, as to the mode of obtain- ing and making use of this blank Certificate: — Of this Certificate, in its blank state, two copies are delivered at the same time, from the Polling Office of the Polling District at which the vote is to be given, to or to the use of, the proposed voter. When filled up, they are, by him or some person on his behalf, presented at the Office.
At the Office, one of them, if found correctly filled up, is de- livered back, to the end that, at polling time, it may, on being presented by him, procure him admission to the place where he is to deliver his vote. The other is left at the office. They are lo be filled up, each of them in the same words.
For issuing out blank Certificates, and receiving them when filled up, the hours of attendance at the Office are — in the forenoon from [ ] to [ ]; and in the afternoon from [ ] to [ ].
Art. G. No person, who, during the whole or any part of the time of his residence in any such Household as aforesaid, shall have been cither Officer or Private, in any branch of his Majesty's military service, by land or water, in such sort as to be subject to martial law, — shall, in respect of such residence, be entitled to a vote, unless during the whole of such time he shall have been the Householder thereof: uor accordingly shall any vote- making certificate in his favour be received at the Polling Office, unless, in the appointed place, the word* llomeholder is inserted.
Section 3. ELIGIBLE, WHO.
Art. 1. For the filling of a seat in the Commons' House, a man may be proposed, either with or without his own con- currence: If with his own concurrence, he is a Candidate, In either case, he is a Proposed Member.
Art. 2. To qualify a man to be so elected, two requisites are necessary: I. A Recommendatory Certijicate, otherwise styled a Cer^ tjficate of appropriate aptitude, as per Article 3.
II. Payment, by him or to his behoof, of coin made of a cer- tain sum of money, under the name oi indemnification money, to- wards ihe defraying of the Election expenses.
The sum appointed is [one hundred and twenty pounds].
Art. 3. Here follows the Form of such a Certificate of ap- propriate aptitude: " District of [ ] [year, month, and day.]
" 1. We the undersigned, do hereby recommend A. C. [Here describe his condition in life and abode] as a person fit to serve, as a Representative of the people of Great Britain and Ireland^ in the Commons' House.
" II. In our consciences we sincerely believe, that in all the several points of appropriate aptitude taken together, viz. appro- priate probity, appropriate intellectual aptitude, and appropriate active talentf^ he is either more fit than, or at least as fit as, any other person, who being willing to serve, can entertain any reasonable expectation of being elected in and for this District.
" lit. For any thing that we know or believe to the contrary, he would, if elected, be willing to serve."
* Note IV. t Note V.
N. B. 1. To render this Certificate valid, the concurrence of Six Recommenders is necessary.
Any number of names greater than twelve is not admissible.
All, if any, that follow the twelve first written, are to be struck out by the Officer to whom the instrument is delivered.
N. B. 2. Each Recommender must, for one year at least, ending zcith the day of his signature, have been an Inhabitant within the Election District.
So, at the end of his signature, he must declare.
N. B. S. Of this Certificate there must be three Copies, all signed by the several Recommenders.
Of these Copies, one may be taken back by the person who delivered them.
The two others remain for that time in the office.
Tlie following are the names, conditions in life, and abodes of the Recommenders, in their several handwritings: — [ Art. 4. [ ] Days before the day for the delivery of a defnitive Recommendatory Certificate, proposed Recommendatory Certificates, in favour of the same proposed Member, may be de- livered in by so many sets of Recommenders, in any number.
If more than one are delivered, the person so recommended, or his authorized Agent, may, by writing his own name or the first letters thereof, at the end of each name, select out of them the requisite number of names: and the persons, whose names they are, are the Co-Certifiers in the definitive Recommendatory Certificate.
If no such selection be made, the proposed Certificate first delivered in, is the Definitive Certificate.
For this purpose, entry of the day, month, hour, and minute of delivery, shall be made by the Clerk, on the face of the instrument.
So also, in the Books of the Office, in the Journal of that day.
Art. 5. [ ] Days before the Election Da}', the several de- finitive Recommeadatory Certificates shall have been delivered in at the District Election office: after that time, unless for remedy to neglect, wilful or casftal, at the Office, no such Certificate shall be received.
At the time of the delivery of the Certificate, the Indemnifi- cation money shall be paid.
A receipt, dated and signed by the Clerk, shall be given at well for the money, as for the Certificate.* Section 4. ELECTION OFFICES.
Art. 1. For conducting the business of Elections, by Sub- District Clerks and District Clerks, under the direction of an Election-Master-General, the following Offices are hereby or- dained.
Art. 2. In every Election Sub-District, there shall be a Polling Office.
Therein are delivered in, one by one, the votes appertaining to the same Sub- District.
Of the Office-bearer, the official name is — Clerk of the Elec- tion Sub-District Office, or Polling Office, Clerk of the Polls, or Poll-Clerk in and for that Sub-District. For his functions, see Sections 2, 3, 5, 6, 7, 8, 9, 10.
Art. 3. In every Election District, there shall be a District Election Office.
Therein, from each Polling Office within the District, is deli- vered in the accounts of the numbers of the votes therein given for the several proposed members. Of the Office-bearer, the official name is — Clerk of the Election District Office, or Elec- tion Clerk in and for that District. For his functions, see Sec- Art. 4. The Election Office of the District may be under the same roof with the Polling Office of any Sub-District.
* Note VL JO § 4. Election Offices, The conduct of the business may be in the hands of the same person. * Art. 5. An office, under the name of the 'National Election Office, shall be attached to the House of Commons.
Of the Office-bearer, the official name is — Master of the Ncr- tionul Election Office, or Election-Master -General f or Election Master, f His functions are as follows: — I. To issue out Election Writs for the receipt of votes.
II. To receive the returns made in obedience to such Writs.
III. To direct and superintend the conduct of all persons in the offices of Polling District and District Clerks.
Art. 6. The Election-Master-General is to be appointed by the Crown, at the recommendation of the Keeper of the Great Seal.
He will be at pleasure removable by the Speaker of the House of Commons.
Art. 7 The Election-Master-General appoints the several District Election Clerks, and the several Poll Clerks, For special cause assigned, he has power to remove at any time any District Election Clerk, any Polling Clerk, or any of their respective Deputies or Assistants.
Of his order for this purpose, an attested copy shall, on the day on which the original is transmitted, be delivered in at the Office of the Speaker of the House of Commons.
Art. 8. By death, or sudden indisposition of Office-bearers, the business might, but for due provision, be delayed or frus- trated: so likewise by unexpected increase in quantity in some parts of the business: for remedy it is thus ordained.
In every Sub- District, the Poll Clerk has power to appoint, and revoke at pleasure, a Deputy.
Every such Deputy, as well as his principal, has power to ap- point any number of Assistants: their powers, subject to his au- thority, are the same as his.
• Note VII. t Note VIII.
Except in case of special exception, every provision, in which mention is made of the Principal, shall be understood to extend to his Deputies and his and their Assistants.
The person appointing is, in each case, responsible for the conduct of the person whom he appoints.
Art. 9. In the case of a District Office, like power and re- sponsibility, as per Art. 8. for providing eventual deputies and assistants.
Art. 10. If, at any time, in any District, there should not be any person capable of acting as Poll Clerk, the District Clerji: has power to appoint a person, who, during the vacancy, shal,^ perform the functions of the vacant office.
Art. 11. By incapacity, negligence, or disaffection, on the part of a Poll Clerk, the business might be inconveniently de- layed or frustrated, before the Election-Master-General could have time to appoint another in his stead. For remedy, it is thus ordained: — The District Clerk has power, on his responsibility, in case of necessity, to appoint a person to officiate in place of any such Poll Clerk, until the determination of the Election-Master shall have been made known.
If, for want of such temporary appointment, any suoh delay or frustration shall ensue, he is responsible for this default, as if it were his own.
An Instrument of Appointment, signed by him, shall for this purpose be delivered in at the Polling-office.
On or before the signature of it, a copy, accompanied with a brief intimation of the cause, shall be transmitted by post to the Election-Master, at the National Election-office.
Another copy shall be entered in the Register of the District- office.
Art. 12. In the case of the National Election-office, like power and responsibility, as per Article 8, for providing eventual deputies and assistants.
On the decease of an Electiou-Master-General, the business of his office shall, by such deputies and assistants, be carried on, until a successor to the office shall have been appointed.
Art. 13. By reason of death, or other accident, it might hap- pen, that, in a District-office, for want of a person authorized by the Election-Master-General, the business shall be at a stand, and the completion of the Election process in this District, within the appointed time, become impracticable. For remedy, it is thus ordained: — In case of necessity, the Chairman of the Magistrates of the County, in which the District-office is situated, has power to ap- point a person to perform the business, until an appointment from the Election-Master-General shall arrive. Poll Clerk Substitute by necessity shall be the name of office of the person so appointed.
So, in default of such temporary appointment, any Justice of the Peace, whichsoever shall soonest reach the office.
Art. 14. In no instance, to any Deputy, Assistant, or Substitute, as above, shall any remuneration be given at the public expense.
To the Principal it belongs to afford compensation for labour, of the demand for which any deficiency on his part has been the cause.
In case of vacancy in the office of the Principal, any remune- ration, given to any subsidiary functionary, as above, shall be taken out of the pay allotted to the office.
Art. 15. For the more clear, correct, complete, incontestable, and lasting preservation, of the evidence of such transactions as shall have place in virtue of this act, and thereby securing the eventual responsibility of all persons concerned,* it is thus or- dained: — On the occasion of every act, which the Office-bearer per- forms, he shall make entry thereof in the proper Register Book of his office, attested either by his name at length, or by the first letters thereof, together with the place, and the time as expressed by the year, month; and day of the month.
* Note IX.
§ 5. Election Apparatus. IS He shall moreover state the capacity in which he acts, whether as Principal, Deputy, Assistant, or Substitute hy necessity; as likewise if he be not the Principal, the office of the Principal for whom he acts.
On the occasion of every act which he performs, in presence of an individual, having interest therein, as proposed V^oter, or agent for a proposed Voter, or otherwise — he shall make mention of the name and residence of such individual, as declared by him.
He shall moreover add to the designation of the day, as above, the hour of the day; namely, the last hour that has been com- pleted; and shall, if required, add the minute.
To every histrument in which he bears a part, he shall, before it passes out of his hands, annex his attestation; including name of office, proper name, place, and time, as above.
Art. iG. For the more effectual prevention of mis-entry through fraud or error, it is thus ordained: — In no entry made in the Register of any office ordained by this Act, shall any word or portion of a word be, on any occasion, or in any manner obliterated, to such effect as to be illegible.
In so far as error is discovered, or supposed to be discovered, the course shall be to draw a plainly perceptible line along the length of the word, or part of a word, meant to be condemned.
For the designation of the person by whom the correction is made, his name, or the first letters thereof, shall in the margin be subjoined by him.* Section 5. ELECTION APPARATUS.
Art. 1. In the whole of its texture, and in this section in par- ticular, the Act has for its main end the prevention of the follow- ing evils, all of them incident to the Election Process, that is to say,— I. Mis-election, Non-election, and 'Null-election: mis-election, by the election of persons positively unfit, or less fit than would have * Note X.
been returned otherwise: mis-election, to wit, by want of secrecy of suflfrage, and thence by want of freedom, as against intimida- tion and corruption.
II. Needless delay, vexation, and expense, by length of jour- neys to and from the place of Election, and of demurrage there.
HI. Tumults; that is to say, injuries to person or property openly inflicted by persons assembled in large numbers, in a state of irritation.
IV. Vexation and expense to individuals, by litigation respect- ing rights of suffrage.
V. Needless expense to the public, in respect of the process employed.
It has thereby for its main end the securing to the public, in respect of the Election Process, the several benefits of due Election, dispatch, tranquillity, and economy.
Art. 2. In respect of time, accidents excepted, the Election process is accordingly thus ordered: I. In every Polling District the voting process is to be com- pleted in one day.
II. In every Election District the voters are, on the next day, to be received, from the several Polling District oflBces, at the Election District office, and the return being then made up, is, on that same day, to be thence transmitted to the National Elec- tion office.
III. These days shall be each of them the same, in every Election District throughout the United Kingdom; or at least in Great Britain and Ireland respectively.
IV. To this end it is so ordered, as that each man's title to vote shall have been established, by a day, anterior by a sufficient length of time to the voting day. See Section 7.
V. And this in such sort, as that, setting aside the cases of forgery, fraudulent personation, and certainly provable and punish- able falsity of assertion — for no one of which offences any adequate temptation can, it is believed, present itself — no such title shall stand exposed to litigation or adverse contestation.
Art. 3, Here follows a specification of the Apparatus and corresponding set of operations hereinafter immediaiely desci ibed^ by means of which, for the purposes just mentioned, the Election Process is in each District to be carried on: No. I. Proposed Member's Blank Recommendatury Certifi- cates. Tenor, as per Section 3. Forrti and size such as are suit- able for placarding.
No. II. Blank Fote-making Certificates. Tenor, as per Sec- tion 2.
No. Iir. Sets of Voting Name-Cards: to be used as per Sec- tion 8.
No. IV. Sets of Secret- Selection Boxes, for selecting Name Cards: to be used as per Section 8.
No. V. Sets of Vote-receiving Boxes for receiving Name-Cards when selected: to be used as per Section 8.
No. VI. Sets of Name- Card Boxes, or Compartments, for containing the Name-Cards, while in the Selection Boxes, No. VII. Sets of Distinction Tickets, for distinguishing from cue another, and from the surrounding multitude, by universally conspicuous marks, the Voters and other classes of persons, bear- ing different parts in the Election process: to be used as per Ar- ticle 7.
No. VIII. Stereotype Plates, for printing blank Recommeri' datory Certificates, as per Sections 3, 6.
No. IX. Stereotype Plates, for printing Blank Vote-making Certificates, as per Sections 2, 7.
No. X. Printing Presses, or other Machines, for printing or stampingBhnk Certificates, Fb^e'wg Car Js, and Distinction Tickets.
Art. 4. A Voting Card is composed of two oblong slips, of exactly the same size and shape; each of them (suppose) two inches by one inch, forming together a square: applied one upon another, they exactly coincide.
I. On one side of each of them, the name of a Candidate, the same name on each, is either stamped, or in case of necessity, written.
II. With the exception of the name, they are, each of them, white on the stampt side, black on the other side.
III. They are connected together by two hinges, each formed of a piece of thread, one near one end of the length, the other at an equal distance from the other end.
IV. When the two slips are applied, one upon another, the only two surfaces exposed to view are both of them black, and the name which is on the white surfaces, is unperceivable.
For the mode of voting by means of one of these Cards, see Section 8.
Art. 5. A Secret- Selection Box, is a Box, in and from which the Voter selects the name of the proposed Member for whom he intends to vote.
I. Within this Box are Name-boxes; in number not less than that of the proposed Members.
II. Each Box contains as many Voting Cards as there are persons entitled to vote in that Polling District; all presenting to view, as per Art. 4, the name of the same proposed Member.
III. In form, the Selection Box resembles a hot-bed frame, or a tradesman's shew-glass, of that sort which has a sloping front.
IV. In size it is (suppose) about two feet in length by one foot in width; and in depth, in front one foot, at the back 15 inches.
V. In the back board, is a plate of ground glass, for the letting in of light, without rendering any objects within it visible.
VI. In each of the sides, is a hole, large enough to let in a hand with part of the fore-arm, in such sort that a man's two hands may meet within it to facilitate the selection of the intended name.
VII. In the top is a narrow plate of glass not ground, of such form and size as to enable a Voter to see the several Boxes with their several contents, and thus select the name of the proposed Members for whom he intends to vote: but in such sort that nothing within the Box shall at that time be visible to any other person.
VIII. Lest, by the place of the hands while selecting, it should be known, or guessed, from what Proposed Member's box a Voter has selected his card — the boxes are so disposed, that no name can be reached on either side, till the arm has been considerably ad- vanced within the box.
IX. In this view, the space, destined for each Proposed Mem- ber's voting cards, is distributed into diflferent boxes: and in situation the different boxes allotted to different Members are made to alternate one with another.
X. Or else the whole number of cards together may be lodged promiscuously in one and the same receptacle.
XI. The receptacles may be either separate boxes, or. com- partments made in the same box.
XII. In the boxes, the cards are placed with the inscribed sides uppermost.
XIII. Each selection box is made to contain Name-Cards for Six Proposed Members, and no more.
XIV. Should the number of the Proposed Members ever ex- ceed this number, each successive Proposed Member, or his Recommenders, must, at the production of the Recommendatory Certificate, furnish, at their own expense, a selection box, capable of containing name-boxes, equal in number to the whole number of Proposed Members constituted by the addition which they respectively make.
Art. 6. A Fate-receiving box is a box of cast-iron, or other sufficiently strong and cheaper metal, if such there be.
I. In form it is (suppose) a double cube, standing on one of its small sides.
II. In size, it is large enough to receive and keep concealed a number of voting cards, equal to that of the whole number of persons entitled to vote in the Polling District in which it is em- ployed.
III. On the top, is a lid, which opens by a hinge, and when closed rests on a rim, so as to form one surface wiih the remain- der of the plane into which it fits: in such sort, that when sealing wax, being dropt on it, has been impressed with a seal, the lid can not be opened unless the seal is broken.
s IV. In this lid is a slit, into which, at the time of voting, the cards are successively dropped. Near this slit rises a pin, on which slides a metallic plate, by which the slit is occasionally closed.
V. In form and dimensions, the slit is so ordered, as to re- ceive the cards with ease, without exposing the name to view, as they are dropt in, or afterwards.
Art. 7. Here follows the description of a Distinction Ticket: I. Place where worn, the front of the hat.
II. Material, cotton, or any other cloth, if cheaper, that will not tear or spoil by wet.
HI, Size and form, such as to cover the front half of the crown of the hat.
IV. Colour of the border, and of the letters of an inscription included within it, different according to the class.
V. For Poll Clerks and their occasional Deputies and Assist- ants, (suppose) black; for Constables, blue; for Proposed Members' Agents, green; for Voters, red.
VI. Contents of the inscription, the name of the individual; beneath it, the name of the class, to which, as above, he belongs.
Art. 8. For the purpose of the first Election — from the Na- tional Election Office, may be furnished, to the several Polling Offices, accompanied with necessary descriptions and instructions, the several implements following — (to wit) II. Vote-receiving Boxes.
HI. Stereotype Plates, for printing Blank Recommendatory Certificates.
IV. Stereotype Plates, for printing Blank Vote-making Cer- tificates.
V. Printing Presses, or other machines, for printing or stamp- ing Blank Certificates, Voting Cards, and Distinction Tickets, as above.
The use of these Stereotypes and Presses is to prevent the stock from being exhausted, by accidents, negligence, or design.
in such sort that before a sufficient supply can be obtained, the voting process may be delayed, or even frustrated, and thus Mis-election, Non-election, or Null-election, may ensue.
Art. 9. For dispatch, or economy in respect of construction and carriage, the Election-Master-General may appoint any other pla; e or places, in which the above articles, or any of them, shall be constructed, and from which they shall be conveyed to their respective destinations.
In this case, instead of the articles themselves, in the requisite quantity, let specimens or models be transmitted from the office.
Art. 10. When once provided, the several implements shall be kept in the offices to which they respectively belong.
At the expense of the Counties in which the offices are respec- tively situated, the implements shall, in proportion as they are consumed, or become decayed or useless, be, from time to time, repaired or replaced, as the case may require.