member or members to serve in Parliament; and the words " returning "officer" shall apply to any person or persons to whom, by virtue of his or their office, under any law, custom, or statute, the execution of any writ or precept doth or shall belong for the election of a member or members to serve in Parliament, by whatever name or title such person or persons may be called; and the words "revising barrister" shall extend to and include an assistant barrister and chairman presiding in any court held for the revision of the lists of voters, or his deputy in Ireland, and a sheriff or sheriff's court of appeal in Scotland, and every other person whose duty it may be to hold a court for the revision and correction of the lists or registers of voters in any part of the United Kingdom; and the word "voter" shall mean any person who has or claims to have a right to vote in the election of a member or members to serve in Parliament; [and the words “candidate at an election" shall include all persons elected as members to serve in Parliament at such election, and all persons nominated as candidates, or who shall have declared themselves candidates at or before such election] (b). * Sixth Continuance Act. An Act to amend and continue the Law relating to Corrupt Practices at Elections of Members of Parliament. [8th June, 1863.] WHEREAS "The Corrupt Practices Prevention Act, 1854," as amended by an Act of the Session holden in the twenty-first and twenty-second years of Her Majesty, chapter eighty-seven, is limited to continue in force until the first day of September Öne thousand eight hundred and sixty-three, and from thence until the end of the next Session of Parliament: and it is expedient further to amend the said Acts and to continue the same in manner hereinafter mentioned: Be it therefore enacted: Legal Proceedings. VI. In any indictment or information for bribery or undue influence, and in any action or proceeding for any penalty for bribery, treating, or undue influence, it shall be sufficient to allege that the defendant was at the election at or in connexion with which the offence is intended to be alleged to have been committed guilty of bribery, treating, or undue influence (as the case may require); and in any criminal or civil proceedings in relation to any such offence the certificate of the returning officer in this behalf shall be sufficient evidence of the due holding of the election, and of any person therein named having been a candidate thereat. "VOTING PAPERS AT UNIVERSITY ELECTIONS."* An Act to provide that Votes at Elections for the Universities may be recorded by means of Voting Papers, 24 & 25 Vic. cap. 53. [1st August, 1861.] 1. It shall be lawful for such Electors, in lieu of attending to vote in person, to nominate any other elector or electors of the same University, competent to make the declaration hereinafter mentioned, to deliver for them at the poll voting papers containing their votes, as by this Act provided. Every such voting paper shall bear date subsequently to notice given by the returning officer of the day for proceeding to election, and shall contain the name or names of the candidate or candidates thereby voted for, and the name or names of the elector or electors authorised on behalf of the voter to tender such voting paper at the poll, and shall be according to the form or to the effect prescribed in the schedule to this Act annexed. Such voting paper, the aforesaid date and names being previously filled in, shall, on any day subsequent to notice given by the returning officer of the day for proceeding to election, be signed by the voter in the presence of a Justice of the Peace for the county or borough in which such voter shall be then residing; and the said Justice shall certify and attest the fact of such voting paper having been so signed in his presence, by signing at the foot thereof a certificate of attestation in the form or to the effect prescribed in the said schedule, with his name and address in full, and shall state his quality as a Justice of the Peace for such county or borough. 2. The voting paper, signed and certified as aforesaid, may be delivered to the Vice-Chancellor of the University for which the election is held, or to any Pro Vice-Chancellor appointed by him, or, in the case of the University of Dublin, to the Provost of Trinity College, or to any person lawfully deputed to act for him, at any one of the appointed polling places, during the appointed hours of polling, by any one of the persons therein nominated in that behalf, who shall, on tendering such voting paper at the poll, read out the same; and the said Vice-Chancellor, Pro Vice-Chancellor, Provost, or Deputy shall receive the voting papers as the same shall be delivered, and shall cause the votes thereby given, or such of them as may not appear to be contrary to the provisions of this Act, to be recorded in the manner heretofore used, in all respects as if such votes had been given by the electors attending in person; and all votes so recorded shall have the same validity and effect as if they had been duly given by the voters in person: Provided always, that no person shall be entitled to sign or vote by more than one voting paper at any election, and that no voting paper containing the names of more candidates than there are Burgesses to be elected at such election shall be received or recorded; Provided also, that no voting paper shall be received or recorded unless the person tendering the same shall make the following declaration †, which he shall sign at the foot or back thereof: Provided also, that no voting paper shall be so received and recorded if · By "The Representation of the People Act, 1867," s. 45, the provisions of this Act also apply to any election of a member for the University of London; and by Act 31 and 32 Victoriæ, cap. 48, s. 39, this Act also applies to the election of members for the Universities of Scotland. Repealed, see page 177. the voter signing the same shall have already voted in person at the same election: Provided also, that every such elector shall be entitled to vote in person, notwithstanding that he has duly signed and transmitted a voting paper to another elector, if such voting paper has not been already tendered at the poll. 3. It shall be lawful for any person now by law or custom authorised on behalf of any candidate to object to votes to inspect any voting paper tendered at the poll before the same shall be received or recorded, and to object to it on one or more of the following grounds: 1. 2. 3. 4. That the person on whose behalf the voting paper is tendered is not qualified to vote: That the person tendering the voting paper is not duly qualified in that behalf: That the person in whose behalf the voting paper is tendered has already voted at that election in person or by voting paper: That the voting paper bears date anterior to notice given by the returning officer of the day for proceeding to election: 5. That the voting paper is forged or falsified: And the returning officer, his deputy or assessor, or any officer having by law or custom power to decide objections in respect of votes tendered by voters attending the poll in person, shall have power to put questions to the person tendering such voting paper, and to reject, receive, and record, or receive and record as objected to or protested against, any votes tendered by voting papers: Provided, that in case the objection offered to any voting paper shall be that it is forged or falsified, such returning or other officer shall receive and record such voting paper, having previously written upon it, "Objected to as forged," or "Objected to as falsified," together with the name of the person making such objection. 4. All voting papers received and recorded at such election, as well as any voting papers rejected for informality or on any other ground, shall be filed and kept by the officer entrusted with the care of the poll books or other documents relating to the said election; and any person shall be allowed to examine such voting papers at all reasonable times, and to take copies thereof, upon payment of a fee of one shilling. 6. No such voting paper as hereinbefore mentioned shall be liable to any stamp duty. SCHEDULE.-UNIVERSITY ELECTION, 18 I A.B. [the Christian and Surnames of the Elector in full, his College or Hall, if any, and his Degree or Academical Rank or Office, if any, to be here inserted], do hereby declare, that I have signed no other voting paper at this election, and do hereby give my vote at this election for And I nominate C.D. or one of them, to deliver this voting paper at the poll. Witness my Hand this E.F. Day of G.H. 18 (Signed) A.B. of [the Elector's Place of Residence to be here inserted]. Signed in my presence by the said A.B. who is personally known to me, on the above-mentioned [or names] of Day of 18 the name as the Candidate [or Candidates] voted for having been previously filled in. (Signed) Z.M. of [the Witness's Place of Residence to be here inserted]. a Justice of the Peace for "COUNTY VOTERS REGISTRATION." (28 Victoriæ, cap. 36.-June 2, 1865.) An Act to amend the Law relating to the Registration of County Voters, and to the Powers and Duties of Revising Barristers in certain cases, The present Act is to be continued with, and be a part of, the Registration Act, 6 and 7 Vict. cap. 18, which is however amended as far as regards county voters; and the new Act is to be cited (§ 1) as the County Voters Registration Act, 1865. The new Act provides that on or before June 10, in every year (§ 2) the clerk of the peace is to cause to be delivered to the overseers of the poor, his precept according to a specified form, with notices, list and copies of the register of the county voters for the parish or township, and the overseers (§ 3), on or before June 20, are to publish, by affixing such lists and notices on church and chapel doors, public places, &c., such list to remain for at least two Sundays; but to be removed before July 20; August 20, instead of the 25th as in former Acts, is to be the last day (§ 4) for giving notices of objections to overseers and to the person objected to; and Sept. 1 (§ 5) the last day for returning the lists with claims and objections to the clerk of the peace. The grounds of objection (§ 6) are to be specifically stated, and if the objection be grounded on more than one column of the registration list, each objection must be stated separately. No person objected to (§ 7) is to be required to give evidence before the revising barrister in support of his right otherwise than as such right is called in question by the objection; each separate ground of objection (§ 8) to be treated separately by the revising barrister, and for every ground of objection which may have been groundlessly or frivolously stated, he may award cost against the objector to the amount of at least 2s. 6d., although the name may be expunged on some other ground. Notices of objection (§ 9) may be sent by post, pre-paid, as provided in § 100 of the previous Act. Persons whose names appear on the list of voters then in force (§ 10), but who have changed their residence, may make a declaration in a specified form, before a magistrate or any other authorized person, that he possessed the same qualification as when placed on the list†, to be transmitted to the clerk of the peace on or before Sept. 14, who is to endorse the same with his initials and the date when received; such declarations to be open for perusal, without fee, at the clerk's office, between ten and four in the day, to be afterwards delivered to the revising barrister, who is to receive the same as evidence without further proof; persons falsely signing any such declarations (§ 11) to be deemed guilty of a misdemeanor, punishable by a fine or imprisonment for a term not exceeding a year; and the revising barrister is empowered to impound any such declaration. No court (§ 12) to be held by any revising barrister before Sept. 20. Every order for costs (§ 13) whether in revising the lists of county, city, or borough voters, in the case of an objection, to be made before proceedings to hear any other ground of objections; the sum ordered to be paid (§ 14) is not to exceed the sum of £.5 on any one vote. For the purpose of this Act (§ 17) the word "value" shall in the case of an occupying tenant mean amount of rental. + See Form 8a, p. 325. See Form 5a, p. 324. "ACT FOR THE REPRESENTATION OF THE PEOPLE, 1867." (30th and 31st Victoriæ, cap. 102.) An Act further to amend the Laws relating to the Representation of the People in England and Wales. [15th August, 1867.] WHEREAS it is expedient to amend the laws relating to the representation of the people in England and Wales: Be it enacted: I. This Act shall be cited for all purposes as "The Representation of the People Act, 1867." II. This Act shall not apply to Scotland or Ireland, nor in anywise affect the election of members to serve in Parliament for the Universities of Oxford or Cambridge. PART I.-FRANCHISES. III. Every man shall, in and after the year One thousand eight hundred and sixty-eight, be entitled to be registered as a Voter, and, when registered, to vote for a member or members to serve Parliament for a Borough, who is qualified as follows: (that is to say): 2. 1. Is of full age, and not subject to any legal incapacity; and Is on the last day of July in any year, and has during the whole of the preceding twelve calendar months been, an inhabitant occupier, as owner or tenant, of any dwelling house within the Borough; and 3. Has during the time of such occupation been rated as an ordinary occupier in respect of the premises so occupied by him within the Borough to all rates (if any) made for the relief of the poor in respect of such premises; and 4. Has on or before the twentieth day of July in the same year bona fide paid an equal amount in the pound to that payable by other ordinary occupiers in respect of all poor rates that have become payable by him in respect of the said premises up to the preceding fifth day of January: Provided that no man shall under this section be entitled to be registered as a voter by reason of his being a joint occupier of any dwelling house. IV. Every man shall, in and after the year One thousand eight hundred and sixty-eight, be entitled to be registered as a voter, and when registered, to vote for a member or members to serve in Parliament for a Borough, who is qualified as follows: (that is to say); 2. 1. Is of full age and not subject to any legal incapacity; and As a lodger has occupied in the same Borough separately and as sole tenant for the twelve months preceding the last day of July in any year the same lodgings, such lodgings being part of one and the same dwelling house, and of a clear yearly value, if let unfurnished, of ten pounds or upwards; and Has resided in such lodgings during the twelve months imme 8. |