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Parliamentary Elections (Ireland) Act 1823

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LXVIIIn case of Death or Illness of Returning Officer, the first sworn Deputy shall perform the Duty.

And be it further enacted, That in case of the Death or the severe Illness of any Returning Officer, during the Continuance of the Poll at any Election for a County of a City or County of a Town, it shall and may be lawful for the other Returning Officer, if there be Two such Returning Officers, or for the first sworn Deputy, if there be. but one Returning Officer, or being Two Returning Officers, in case of the Death or severe Illness of both such Returning Officers, is hereby required, under the Penalty of forfeiting Five hundred Pounds, and such other Returning Officer or such sworn Deputy, as the Case may be, to any Person who shall sue for the same, to proceed with the Poll, and to act in every respect for all the Purposes of the Election, and with all the Power and Authority to do any Act required by Law to be done by a Returning Officer at any such Election, as if he had been originally the Returning Officer; and that such Deputy shall take the Oath directed by Law to be taken by the Returning Officer at the Commencement of the Poll, which Oath any Two Justices of the Peace are hereby authorized to administer, and that such other Returning Officer, or Deputy, shall proceed with the Poll, and finally close the same at the Time hereinbefore required, and make a Return of the Person or Persons who hath or have the Majority of Votes, unless his Authority shall be superseded by the Recovery of the Returning Officer; and that in case of the Death or severe Illness of such first sworn Deputy, the next Deputy in Succession shall act as the Returning Officer, subject to the like Penalty, and with the same Powers, and take the Returning Officer's Oath in Manner aforesaid, and so on, each Deputy in Succession shall in like Manner act as the Returning Officer, in case of the Death or severe Illness of the acting Returning Officer, and another Deputy, or other Deputies, shall be appointed in lieu of the Deputy or Deputies who may thus take the place of such Returning Officer or Officers : Provided always, that the Deputy, who shall thus take the Place of such Returning Officer, shall be entitled to the same Remuneration for his Services at such Election as if he had continued to act as Deputy.

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