Section 6. PROMULGATION OF RECOMMENDA- TIONS IN FAVOUR OF PROPOSED MEMBERS.
Art. 1, For sufficiency 2LX\d equality of notification, and to ex- clude, as far as may be, all such undue advantage as might be de- rived from superiority of expenditure, — provision is hereby made as follows for the promulgation of Recommendatory Certificates.
Art. 2. From the several definitive Recommendatory Certifi- cates delivered in favour of the several proposed Members, as per section 3. the Election District Clerk prepares the General Re- commendatory Certificate Paper of the District.
Copies thereof shall, under his care, be printed in two forms: namely, the Placard form and the Newspaper Advertisement form.
The text is the same in both. It is composed of the Form, as per Section 3, Article 3; omitting only the prefixed date, and the three Notes; and adding the several lists of Recommeoders, headed by the names of the respective Proposed Members.
The order, as between list and list, shall be the same as that in which they were delivered in at the office.
The instrument is to be attested and signed by the District Clerk.
Art. 3. Choice of placarding places shall be made in this man- ner. A list of Edifices within his District, such as shall seem to him proper for this purpose, shall be made out by the Election Clerk of each Election District.
[ ] days at the least before the Election day, a copy of such list, directed to the Election-Master-General at the National Election Office, shall be delivered in, by the Election Clerk, at the nearest, or other more convenient. General Post Office.
Art. 4. In this list shall be comprized: I. All Polling Offices.
II. All other Government Offices; and in particular all Post Offices and Excise Offices.
III. All Town Halls.
IV. All Cathedrals, Parish Churches, and Chapels of the Established Church.
V. All dissenting Meeting Houses: including Catholic Chapels, Quakers' Meeting Houses, and Jewish Synagogues.
VI. In every town or village, containing [one hundred] Houses, and not containing any such public building as above, — licensed Public Houses, one, two, or three; to be fixt upon by the Elec- tion Clerk at his discretion, regard being had to the purposes men- tioned in Article 1.* Art. 5. [ ] days after the receipt of such List at the National Election Office, reckoning according to the course of the Post, shall, by each District Election Clerk, be allowed for the consideration of his list by the Election-Master- General.
* Note XI.
At the end of this length of time, with the addition of that which, in the instance of each such Election District Office, re- gard being had to local distance, is necessary for the transmission of an answer thither from the National Office,— if no answer therefrom have been received, such list is to be employed.
If an answer is received from the Election-Master-General, giving order for amendments, then shall such amendments be con- formed to, and the list employed shall be such as the amendments indicate.
Of the answer received, or of the expiration of the time without answer, as the case may be, entry shall be made in the Register Book of the District Office.
Art. 6. Here follows a provision for keeping up the list of pla- carding places.
[ ] days before the last day of each successive year, a copy of the printed list of the year last preceding, — with indica- tions in writing, proposing such amendments as, by the lapse of time, shall, in the judgment of the said Election District Clerk have been made requisite, — shall in like manner, by means of timely transmissions from the District Offices, according to their respective distances, have been received at the Eleclion-Master- General's Office.
They shall thereupon be re-transmitted and employed, subject to amendments, as per Article 5.
Art. 7. In each Election District, as soon as the General Re- commendatory Certificate paper has been compleated, and (as per Article 4 and 3) the number of placarding places ascertained, — the District Clerk shall cause to be printed, in the placard form, a number of such Certificates, equal to that of the said placarding places, with a surplus sufficient for incidental demand.
Having so done, he shall by Post, as per Article 3, transmit, to each of the several Polling Offices within his District, a number, correspondent to that of the several placarding places within that Polling District, with a competent surplus, as above.
Art. 8. Immediately upon receipt of his allotment of General Recommendatory Certificate Papers, each Polling Office Clerk shall make appointment of a competent number of persons, under the name of Election Placarders, by whose hands ihe several placards shall be affixed on the several placarding places.
To each of such Election placarders he shall dehver, in manu- script or print, a Paper of Instructions, for his guidance in the execution of such his Office.
Art. 9. For the more effectual prevention of all obstruction thereto, each such Election Placarder shall, within such Polling District, have the power, as attested by the ensign of Office, of a Special Constable.
Of these powers a specification shall be contained in such Pa- per of Instruction.
The Election-Master-General shall, from time to time, as oc- casion may require, draw up a Paper of such Placarding Instruc- tions for the whole Kingdom.
But with all such variations, and such only, as in his judgment may be suitable to the circumstances of particular Districts or Sub-Districts.
Art. 10. On payment of [Is.] the Editor of every Newspaper, having, or designed to have, currency in any Election District, may, if desirous of publishing in such his Newspaper the General Recommendatory Certificate Paper of the District, cause his name and address, accompanied with an intimation of such his de- sire, to be registered at the Office of such District.
This done, a copy of such paper shall, at or before the time when the operation of placarding commences, be transmitted to him by the General Post from the said Office.
As between Newspaper and Newspaper, it is the duty of the Election Clerk so to order matters, that every such Newspaper shall receive such Certificate Paper, as nearly as may be at the same time, in such sort that no advantage be given to any one to the prejudice of any other.
Art. 11. Of every such General Recommendatory Certificate the Copy shall, in every Newspaper, be free of Stamp Duty.
It shall be printed without change, and without any comment immediately prefixt or subjoined.
If, in the printing thereof in any Newspaper, any change be made, for the purpose or to the effect of undue preference or pre- judice to any proposed Member, whether by omission, addition, or substitution, or any difference in the type or mode of printing, the proposed Member so injured shall have his remedy against the Editor of the Newspaper, by action for Damages and with Costs.
Art. 12. Of the three original definitive Recommendatory Certificates, delivered in in favour of each proposed Member, at the Election District Office, as per Section 3, Article 3, the Clerk shall by the next post transmit one to the National Election Office.
Section 7. VOTERS' TITLES PRE-ESTABLISHED.
Art. 1. The following are the evils, for the avoidance of which the arrangements in this section are ordained: — I. Vexation and cofisttmption of time, in the proof of claims to the right of suffrage, and in contestations respecting it.
II. In case of disagreement, eventual litigation, with the vexa- tion and expense attached to it.
in. Consumption of time in such sort as incidentally to pro- duce non-election or null-election; or at least the excluding of persons in numbers more or less considerable, from the exercise of their rights of suffrage.
IV. In case Householders' votes alone are by law admitted, in- trusion of Inmates* votes.
For the avoidance of these evils, it has been thought good that, antecedently to the day of voting, the title of each Voter shall have been established.
Art. 2. For this purpose, at each Polling Office, three several Register Books are to be kepi; namely, I. The Application Book. In this book, entries are made of applications made for Blank Vote-making Certificates.
II. The Fotem' Book. In this book, persons, by or for whom apphcation is made as Voters, are set down in the alphabetical order of tlteir surnames.
III. The Fit led- up Certificate Book. This Book is composed of the duplicates of the Vote-making Certificates in the state they are in when filled np. They are kept in the Office, to form a standard of comparison for the corresponding duplicates, when produced on the Polling day, in support of each person's claim to be admitted to vote.
Art. 3. [ ] diiys at the least before the appointed Polling day, to enable himself to give a vote, the proposed Voter must take out two copies of a blank form of a Vote-making Certificate, as per Section 2.
The place at which he applies for this purpose, is the Polling Office, of the Polling District, within which the liabitation in re- spect of which he proposes to vote, is situated.
He may apply in person, or by any person appearing for him, as Agent for this purpose.
In the Application Book, before the Blank Certificates are de- livered, entry is made of the name and habitation of the proposed voter, on whose behalf the application is made.
The description given of his name is that which is prescribed in Section 2.
The description given of the habitation is that which is pre* scribed in Section 10.
If the Applicant is the proposed Voter himself, note of his being so is taken, by entering under the word Application^ with which one column of each page in the Book is headed, the word personal; adding, as per Sections 9 and 1 0, the description as given by him of the habitation in respect of which he claims to vote: also whether as Householder or as Inmate.
If he be any other person, then, under the words Application by agent f with which another column in the same page is headed.
are inserted the name and habitation of the proposed Voter; as also the name and abode of the agent,* To each sucii entry is prefixed an indication of the year, month, and day of ihe month on which the apphcation was made: also the name of the applicant, signed by him.
'J'hia done, on payment of [3c^.j for each, the Blank Certificates are delivered.
Art. 4. The use of the Voters Book is to exhibit the names of voters in alphabetical order, that being the only order, in which reference can at all times, without loss of time, be made.
Whenever a pair of Blank Certificates has been delivered, and entry has accordingly been made in the jipplication Book, as per Article 3, — the name of the proposed voter is entered in this book, according to the situation of his surname in the alphabet.
In a line with it are written the words Certificate delivered, to- gether with the month and day of the month, and the page in the Application Buok.
For each of these indications a column, headed accordingly, is provided.
Art. 5. The instruments being thus delivered, [ ] days at the least before the day of Election, the proposed voter must come in and produce them at the Polling Office, by himself or agent, filled up as per Section S.
These the Clerk examines; and, if he finds the duplicates suffi- ciently conformable to each other, and to the directions contained in the tenor of them, as per Section 1 — he returns one of them forthwith to the person by whom it was produced.
But first he writes or stamps on it the words EXAMINED, and found correct and re-delivered, to be used in giving the vote: together wiih the month, the day of the month, and his signature.
The other he retains for the use of the office. It constitutes a page in the book called the Filled-up Certificate Book.
He attests it in like manner; and, instead of the words Exa- * Note XII.
mined and found correct and re-delivered, &c. he writes or stamps on it the words — The duplicate hereof was examined, found correct, and re-delivered to be produced on giving the vote.
Art. 6. For remedy against misconception, error, or fraud, in the composition of Vote-making Certificates, it is thus ordained: If, in either duplicate of a pair of filled- up Certificates, any error is observed by the Clerk, intimation of such error, and of the alteration necessary for correction, is afi"orded by him.
It is expressed by entries briefly made in the margin of the instrument, and authenticated with signature and date, as per Article 5.
If the correction thus required be of such a sort, as that, for the prevention of fraud, it is in his judgment necessary that a fresh meeting of the Vote-makers should have place, — he thereupon, after entry made of the errors and of the alterations requisite, gives intimation of such necessity, and of the cause thereof, to the person applying, and writes or stamps upon the paper the words, ji fresh Meeting is required.
If, in his judgment, such fresh meeting is not necessary, he stamps or writes the words A fresh Meeting is not required.
If, in his judgment, consideration being had of the state of the errors, and the situation, quantity, and quality, of the corrections requisite, the same instrument can not conveniently be made to serve, — he delivers a fresh blank instrument, having first written or stamped on the corrected instrument, the words, Returned for incorrectness as above explained; fresh pair of blank Certifi- cates at the same time delivered: — with date and attestation as above.
If, in one only of the duplicates, error requiring correction x^ observed, he retains for the Filled-up Certificate Book, the correct duplicate. But, for the memorandums, instead of the words, Duplicate hereof found correct and re-delivered to be produced on giving the vote, he inserts the words, This Duplicate found correct: the other found incorrect, and re-delivered for cor- rection.
If in both duplicates error requiring correction is observed, he returns them both, noted as above.
In this case he delivers Blank Certificates, or not, as the case may require.
Art. 7. For remedy against accidental loss or defacement of Vote-making Certificates, before or after filling up, it is thus provided: Suppose any such accident to have happened, the proposed Voter, by himself or agent, makes application at the office for a fresh Certificate, or fresh Certificates, as the case may be.
He declares the nature of the accident: for example — Lost hy accident, Destroyed by accident, Defaced by accident. If de- faced and not lost, he produces it.
Of this declaration entry is made in the Application Book, in the same manner as in the case of an original application.
For such entry the same fee is paid.
Such application may be made more than once: but if, from the number of successive applications, already made by or in behalf of the same proposed Voter, — it should appear to the Clerk that it was through sinister design, or wantonness, that they were made, — delivery may be and ought to be refused by him.
In this case entry shall be made by him, noting the number of the times, and adding, Delivery refused on suspicion of sinister design or wantonness.
So likewise if it be suspected by him, that a person, applying in the name and character of a proposed Voter, is not such proposed Voter, but an impostor.
Or that a person, applying in the name and behalf of a pro- posed Voter, was not authorized by him.
In all these cases he shall, in the Application Book, make entry of the ground, on which, as above, delivery was refused.
Art. 8. On payment of a fee of fSt?.] for the whole, these and all other books of the office are, in office-hours, open to the inspection of all persons, so far as may be without hindrance to the more material parts of the business.
Section 8. ELECTION, HOW.
Art. 1. For the periodical day of the first meeting of a parlia- ment, see Section 12: [ ] days before that day, the Election Process everywhere commences.
It commences at the Sub-District Office, where there is one: it is completed at the District-office.
Art. 2. Here follows the mode of proceeding at the Polling- office.* At the time of voting, the station of the Poll Clerk is separated, by a rail or other sufficient partition, from that of the multitude, voters and others.
Near to him is the Secret Selection-box, described in Section 4.
Within reach of this Box is the station of a Vote-receiving Clerk, by whom the Voting Card, immediately as it is selected by the Voter, is received from him, and dropped into the Vote- receiving Box, — both described in Section 5.
That the state which, at the time of the delivery, the Voting Card is in, may be perfectly seen by the whole company present, — the station of the Receiving Clerk is,— though at some distance, and by a rail separated from the spot occupied by the Voter at the Selection-box, — yet within reach of it, and at the same time elevated a little above it: in such sort that the Card can not be delivered by the Voter, without his raising his arm to deliver it, nor received by the Receiving-Clerk without his lowering his arm to receive it.
Art. 3. The Hustings are more or less raised above, and by a sufficient partition separated from, the attendant multitude.
Included therein are, — 1. The station of the Poll- Clerk; — 2. The station of the Proposed Members, or of any such Agents of theirs as are in attendance; — 3. The station of the Voters' Secret Selection-box; — 4. The station of a Vote-receiving Clerk with his Vote-receiving Box.
* Note Xlir.
To prevent confusion, — interposed between the station of the attendant multitude and the Hustings is a passage; in width suf- ficient to afford a convenient station to one man; in length (sup- pose) six, eight, or ten feet; formed by a sufficient partition, with a bar at each end.
To give admission to a Voter, — the bar, at the end furthest from the Hustings, is lifted up.
He presents himself with his Distinction-Ticket in his hat.
On his admittance into the passage, — for the information of all concerned, and in particular of the Poll-Clerk, the Voter's sur- name first, and then the first letter of it, are audibly pronounced, and at the same time the Voter's Copy of his Vote-making Certi- ficate is handed up by him to the Poll-Clerk.
On receiving the Voter's Copy, the Poll-Clerk, being informed as above, turns to the corresponding copy, as it stands in the filled-up Certificate- Book: a short glance enables him to see whether the Copy thus prescribed is the duplicate of it.
As soon as he is satisfied of its being so, the bar opens; and the Voter repairs to the Secret Selection-box, within which he chooses the Card that bears the name of th* Proposed Member for whom he means to vote.
Art. 4. In the Secret Selection-box, — the Voter, looking through the pane of glass in the top, introduces his hand or hands, at the side-apertures, and having taken up the Card that bears the name of the Proposed Member for whom he means to vote, closes it while yet in the Box, by applying together the two white surfaces with the name, leaving on the outside the two black ones.
In this closed state he takes it out; and, holding it aloft, de- livers it to the Vote-receiving Clerk.
The Vote-receiving Clerk, without opening it, instantly drops it into the Receiving-box.
If the two plates, of which this Card is composed, are not flapped together, as above, by means of the hinges on which so § 8. Election, how.
they turn, — the name on one or both of them may be visible: in that case, the Card is torn; and he who presents it loses his Vote. So, if they are folded together with the two black surfaces on the inside; in this case the name will be on the outside of each of them, and thus be visible.
If the Proposed Voter takes out more cards than one, they are replaced in the Box, and he loses his Vote. J If, having received the Card closed, with the two black sur- faces on the outside, the Receiving-Clerk, before he drops it into the Receiving-box, opens it, in such sort that the name, or any part of it, is visible, — he is by the Poll-Clerk dismissed from his office, and divested of his Distinction-Ticket on the spot.
Art. 5. As soon as the Voter hath, as above, delivered up his Card, he is let out through a bar; which, to prevent stoppages, is different from the one through which he was let in.
As he passes out, his Copy of his Vote-making Certificate, by which admission to the Selection-box was procured to him, is re- turned to him, for the purpose of its being eventually employed by him on succeeding Elections. See Art. 12.
Art. 6. For dispatch, two or more Secret Selection-boxes may be employed: one Receiving-Clerk may serve for two or more boxes.
Art. 7. As soon as the time appointed for the admission of Voters is expired, the Poll-Clerk closes the Vote-receiving Box^ by sliding the plate over the slit, as per Section 5, Articled. He then applies his seal to the junctures; in such manner that, without breaking it, the lid cannot be opened, nor the slit uncovered.
He then admits the Election Agents, in like manner, and for the like security, to apply their seals.
Lastly, he covers the whole, by a covering of cloth without seam: the junctures are secured by seals, as above.
The Box is in this state delivered, by the Poll-Clerk, to a Messenger, by whom it is taken to, and deposited in, the Elec- tion District Office.
Art. 8. Regard being had to the respective distances, the Elec- tion-Master-General appoints the time or times of the day, at or before which the Vote-receiving Boxes shall, from the several Polling-offices, have been received at the District Election Of- fice.
Art. 9. Here follows the mode of proceeding at the District Election Office: — I. At this office are provided Boxes, marked with the names of the several proposed members.
II. As soon as the vote-receiving Boxes from the several Poll- ing Districts are come in, or the time allowed for their coming in is elapsed — they are opened by the District Clerk, in presence of the several proposed Members or their Agents, or such of them as choose to attend.
III. In presence of the whole company the Voting Cards are thereupon taken out and sorted: the Cards, respectively apper- taining to the several proposed members, being dropped into their respective boxes.
- Art. 10. The numbers being immediately summed up, the name of the proposed member, in whose favoiu- the comparative majority of the whole number of votes is found to have been given, is openly declared.
The instrument of return, drawn up by means of a blank form, provided by the Election-Master-General, the same for every District, is attested by the District Clerk: the agents of the se- veral proposed members add their respective attestations, or their declining so to do is noted.
On the instrument of Return, are entered the numbers of the Votes, for the several proposed Members at the several Polling Districts.
The instrument is, that same day, transmitted by post to the National Election Office.
Art. 11. If, and as often as, by tempestuous weather or other accident, the free resort of the Voters to the Polling Office within the ordinarily appointed time has been rendered impracticable — the Poll Clerk, within his District^ has power to prolong the time.
In such case, he shall give the earliest possible notice to the Voters in general, to the District Election Office, and to the National Election Office.
Art. 12. Follow the conditions on which, to save time and trouble, each Voter's Certificate, after having been employed in any Voting District, may be employed at each succeeding Elec- tion, without need of fresh signatures by Co-Certifiers.
At the first Election at which it is employed — the Poll Clerk, before the Voter's departure from the Hustings, redelivers to him his Certificate, having first stamped, or caused to be stamped upon it the words following, together with the date and his sig- nature: Redelivered, to be employed at succeeding Elections.
On each succeeding Election, if, at the time of its exhibition at the Office, there has not, on the part of the Voter, been any change of name or abode, it is again, as per Section 9, marked with the words — Found correct, and re-delivered for further use, together with other words and figures to the effect in that Section «lescribed.
If there has been any change of name, entry thereof shall be made, introduced by the words Present Name.
If there has been any change of abode, in that case are to be added words and figures designative of the fresh abode, preceded by the stamped words — Present Abode.
A Vote-making Certificate, once employed in any one Polling District, may, on these conditions, be thereafter employed in any other Polling Districts in the United Kingdom.
Art. 13. For the more eflfectual prevention of disturbance — •every person officiating as Clerk of a Polling Office, shall — within his Sub-District, and every Sub-District immediately contiguous to it — during the continuance of the whole of the Election Process, possess and exercise, so far as shall be necessary for this special purpose, the powers belonging to the office of Justice of the Peace. In particular, the power of appointing Special Con- stables.
Upon occasion, all instruments signed by him shall, by all Jus- tices of the Peace, within their respective fields of jurisdiction, be backed: backed as the same instruments might be, if signed by any regularly appointed Justice of the Peace.
Section 9- ELECTION DISTRICTS AND POLLING DISTRICTS HOW MARKED OUT.
Art. 1. In this Section, provision is made for determining the limits of the several Election Districts, with the Polling Districts therein respectively contained.
In the following Section, for determining the mode in which the several Vote-making Households shall be ascertained, registered, denominated, and marked.
Art. 2. For these purposes, Commissioners, in such number as to his Majesty shall seem meet, will by his Majesty, at the recommendation and with the advice of the Election-Master- General, be appointed.
Their numbers may, from time to time, be augmented or re- duced, as occasion may require.
Of these Commissioners, the official name is — Commissioners of Survej/ and Demarcation and Enumeration for Parliamentary Election purposes; or Commissioners of Survey and Demarcu' tion: or Demarcation Commissioners.
Art. 3. For Great Britain, one set of such Commissioners shall be appointed; for Ireland, a different one.
Art. 4. No Election District or Sub-District shall be com posed partly of land in Great Britain, partly of land in Ireland.
Art. 5. As between England and Scotland, no such separation, as per Art. 3, need have place.
Art. 6. The surveys to be performed are two: 1. the preli- minary or ordinary geographical; 2. the appropriate.
V Art. 7. The 'preliminary operation is that, by which the geo- graphical divisions, — expressed by degrees, minutes, and if need be, seconds, of longitude and latitude, — will, as in ordinary maps, be determined and marked out, by physical and mathematical obser- vations, measurements, calculations, and delineations: with the addition of the physical distinction between land and water, with or without the distinction between plain land and elevated: toge- gelher with the existing political divisions into Kingdoms, Pro- vinces, Counties, Hundreds, and so forth.
Art. 8. The appropriate operation is that, by which the new and appropriate division into Election Districts and Sub- Districts, will be performed.
It will have for its basis the ordinary geographical operation.
Art. 9. The appropriate operation, in its several parts, may either be performed at nearly the same time with the ordinary operation, or at any greater intervals, according as the Election- Master-General shall from time to time appoint.
In so doing, let him have regard to convenience in respect of delay and expense: and, in each instrument of appointment, par- ticularise his reasons.
Art. 10. For the preliminary and the appropriate operations, the same set of Commissioners may serve.
Out of the general set, particular sets or particular individuals may, from time to time, be appointed by him to particular por- tions of the business: he will throughout have regard to presu- mable appropriate aptitude, as indicated by profession, known experience, or otherwise.
Art. 1 1. Of the preliminary operation, the Maps, constituting the geographical result, will be upon two different scales: namely, the Country Scale and the Town Scale.
Art. 12. The Country Scale is that upon which the general or all-comprehensive map is to be constructed.
Of this general Map, let the scale be large enough for insert- ing, in every space allotted to a Country Parish, the name of the Parish.
Also, in every space allotted to a Town Parish, a number re- ferring to its name in the margin of the Map; as likewise, in a Planner more or less conspicuous, an indication of the site of every ihe smallest Dwelling House.
Art. 13. From this Map shall be copied or constructed, on the same scale, — or on a scale as much larger as local convenience, in the judgment of the Election-Master«General, may require, — separate Parish Maps, exhibiting the several Parishes: namely, either on the original Country Scale, or on an enlarged Country ^cale.* In some instances, for example to the purpose of the Poor Rates, the Parish, by reason of its largeness, stands already di- vided into sections, named Tythings or Tozvmhips, or by some other appropriate name. In every case of this sort, at the dis- cretion of the Commissioners, may be constructed, instead of one map of the whole Parish, a map for each one of these Sections.
Or, so as the whole parish be exhibited, any two or more of them may be comprised in one and the same Map.
An Extra-parochial place may either have a Map to itself, or be comprised in the Map belonging to some adjacent Parish or section of a Parish.
Art. 14. On the Town Scale, shall be constructed Maps, and portions of Maps, large enough to exhibit to view, in a more distinct manner, the sites of the several Habitations.
According to the density of the population, — in some Parishes the whole of the territory will require to be laid down upon the Town Scale; In other Parishes, no part of it.
In others again, — the whole of the territory being laid down upon the Country Scale, namely, on the original scale, or, as per Article 13, on the enlarged scale, — particular portions, one or more, will require to be laid down likewise upon the Town Scale.
* Note XIV.
These will be to be exhibited either in the margin, or upon a separate sheet, as convenience may require.
Art. 15. Here follows the description of the mode of indica- tion, which, for facility of reference, shall be employed in every such map: —