Issuing of Writs for a General Election ; Election Proceedings and Returns.
An essential and very important part of the representative machinery is that which regards the due transmission from the central to the local authority of the summons to elect, the superintendence of the election proceedings, and the due re turn from the local to the central au thority of the names of the individuals chosen. When the lord chancellor, the highest officer of state, has received the written command of the king in council for the summoning of a new parliament, he thereupon sends his warrant or order to the highest ministerial officer acting under him, the clerk of the crown in chancery, to prepare and issue the writs, or written authorities for that purpose, to the several sheriffs, whether of counties at large or of counties corporate.
In the early periods of our history, when the shire-motes, or county courts, were held regularly once a month, and the borough courts once a week or once a fortnight, there was no need to incur the trouble and inconvenience of a special meeting of the members of those courts, that is, of the freeholders in the former case and the burgesses in the latter, to elect the parliamentary representatives ; and accordingly the sheriff was simply required to cause the election of the county members at the next county court, held in the regular course, or at an ad journed meeting of that court, in case such adjournment were necessary in or der to allow time for giving due notice of the election. It was not until the im portance of the county courts declined, that a different arrangement became ne cessary; nor was it until the 25 George DI. that it was enacted that the sheriff, on receipt of the writ, should call a spe cial county court for the purpose of the election.
The writ, thus addressed under the great seal to the sheriff of a county at large, requires him not only to cause the election of the county representatives, but also of those of each city and borough within his jurisdiction. And accordingly, on receiving this command, he issues a precept under his own seal to the head of each municipality enjoying the elective franchise, which precept is to be returned to him within a limited time, together with the name of the person or persons chosen ;* in like manner as he himself is bound to return, before a certain day pre vious to that on which the parliament is summoned to assemble, to the clerk of the crown, from whom he received it, the writ, with the names of the persons cho sen, whether as county or as borough members. Such, in brief, as regards the returning-officers and responsible conduc tors of elections, has been the system from the commencement of the general repre sentation.
In fourteen of the forty-three new and populous parliamentary boroughs created by the Reform Act for England and Wales, which had already a municipal or other chief civil officer or officers in whom this function could be appropriately vested, it is so intrusted by the Act. As
regards the others, it is provided, that the sheriff of the respective counties shall, in the month of March in each year, by writing under his band, to be delivered to the clerk of the peace for that county within a week from its date, and be by him filed with the records of his office, appoint for each of such boroughs a fit person resident therein to be the return ing-officer until the nomination to be made in the March following. In case of such person's death or incapacity from sickness or any other sufficient impedi ment, the sheriff, on notice thereof; is forthwith to appoint in his stead a fit person, resident as aforesaid, to be the returning-officer for the remainder of the year. No person so nominated as return mg-officer shall, after the expiration of his office, be compellable thereafter to serve again in the same office. Neither shall any person in holy orders, nor any churchwarden or overseer of the poor, be so appointed; nor shall any person so nominated be appointed a churchwarden or overseer during the time he shall be such returning-officer. Any person qua lified to serve in parliament is exempted from such nomination as a returning officer, if within one week after receiving notice of sucit appointment he make oath of his qualification before any justice, and forthwith notify the same to the sheriff. In accordance, however, with all previous usage, it is provided that "in case his Majesty shall be pleased to grant his royal charter of incorporation to any of the said boroughs named in the said schedules (C) and (D), which are not now incorporated, and shall by such charter give power to elect a mayor or other chief municipal officer for any such borough, then and in every such case such mayor or other chief municipal officer for the time being shall be the only return ing-officer for such borough ; and the provisions hereinbefore contained with regard to the nomination and appoint, ment of a returning-officer for such borough shall thenceforth cease and de termine." The division of both counties and boroughs into convenient polling-districts, —the shortening of the time in contested elections, from the old period of fifteen days to two days in England, Wales, and Scotland, and to five in Ireland,—the restriction of inquiry at the poll into the elector's right to the ascertaining the identity of name and qualification with those contained in the register of voters (thus abolishing the old tediously litigi Jus practice of election scrutinies),—and the limitation of the necessary expense of election proceedings, borne by the candi dates or their proposers—are among the more important of the recent improve ments. For details, as we have already done in the case of the new system of registration, we must refer to the several Reform Acts of 1832.