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Sec. 9.

by any Statute, or by the Common Law of Parliament (Ballot Act, 1872, s. 7). This does not refer to Paupers, &c. (Stowe v. Jolliffe, L. R. 9 C. P. 734), but includes the following classes: Peers (4 Com. Dig.,Parl. D. 10) Women (Chorlton v. Lings, L. R. 4 C. P. 374); Aliens, unless certificated or naturalised (33 & 34 c. 14, s. 7); Minors (7 & 8 Wm. III. c. 25, s. 8); Justices, Receivers, or persons belonging to the Metropolitan Police Court, and within the Metropolitan District, or contiguous counties (10 Geo. IV. c. 44, s. 18); Felons, unless pardoned, until they have completed their sentence, and persons convicted of treason (33 & 34 Vic. c. 23, s. 2); but the prohibition does not extend to persons guilty of misdemeanours, though the Court of Queen's Bench will refuse a writ of Habeas Corpus to enable such to vote (ex parte Jones, 2 A. & E. 437); Returning Officer, at the election over which he presides, unless there is an equality of votes (Ballot Act, 1872, s. 2). Constables in the Metropolitan, Borough, and rural Police Forces were formerly prohibited from voting, but they are now enfranchised under the Statute 50 Vict. c. 9.

(3.) Paupers.-(30 & 31 Vic. c. 102, s. 40, and in Scotland, 31 & 32 Vic. c. 48, s. 50).

(4.) Persons reported guilty of bribery in Secs. 9, 10. certain disfranchised towns (R. P. Act,

1867, ss. 13-16; cp. 39 & 40 Vic. c. 72, s. 2).

conviction of

10. A person guilty of an illegal practice, whether under Punishment on the foregoing sections (a) or under the provisions hereinafter illegal practice contained in this Act, shall on summary conviction (b) be liable to a fine not exceeding one hundred pounds, and be incapable during a period of five years from the date of his conviction of being registered (c) as an elector, or voting at any election (whether it be a Parliamentary election or an election for a public office (d) within the meaning of this Act) held for or within the county or borough in which the illegal practice has been committed.

(a) "Under the foregoing sections."—Under these, any person is guilty of an illegal practice, whether candidate, election, or other agent, elector or nonelector, except that s. 8 applies only to a candidate and his election agent; but under "the provisions hereinafter contained,” viz., ss. 13–21, 29 (2), 33 (6), the offences therein specified are illegal practices only when committed by candidates or election agents. Section 28, however, declaring the making of payments, advances and deposits, except through the election agent, to be an illegal practice, applies to all persons.

See s. 52, which permits of a person charged with a corrupt practice being found guilty of the less serious offence of illegal practice, &c.

See also ss. 36 & 37, which disfranchise persons guilty of illegal practices; and s. 38 (ss. 6-9), which provides for the disgrace of justices of the peace, professional men, &c.

(b) "On summary conviction."-This may be either on prosecution before the Election Court, s. 43 (4), in which case there is no appeal, s. 55 (1), or under the

Secs. 10, 11. Summary Jurisdiction Acts, in which case an appeal lies to quarter sessions (s. 54).

Report of

election Court respecting

(c) "Registered."-See provisions as to the Registration Courts (s. 39).

(d) "Public Office."-See s. 64, infra p. 290.

11. Whereas by sub-sec. 14 of s. 11 of the Parliamentary Elections Act, 1868, it is provided that where a charge is illegal practice, made in an election petition of any corrupt practice having been committed at the election to which the petition refers, found guilty by the judge (a) shall report in writing to the Speaker as

and punishment

of candidate

such report.

31 & 32 Vic.

c. 125.

follows:-
:-

(a)

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Whether any corrupt practice has or has not been "proved to have been committed by or with the "knowledge and consent (b) of any candidate at

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such election, and the nature of such corrupt "practice;

(b)" The names of all persons, (c) if any, who have "been proved at the trial to have been guilty of any corrupt practice;

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(c) "Whether corrupt practices have, or whether there

“is reason to believe corrupt practices have, exten

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sively prevailed (d) at the election to which the petition relates :

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And whereas it is expedient to extend the said sub-section to illegal practices :

Be it therefore enacted as follows:

Sub-sec. 14 of s. 11 of the Parliamentary Elections Act, 1868, shall apply as if that sub-section were herein re-enacted with the substitution of illegal practice within the meaning of this Act for corrupt practice; and upon the trial of an election petition respecting an election for a county or borough, the election court shall report in writing to the Speaker the particulars required by the said sub-section as herein re-enacted, and shall also report whether any candidate at such election has been guilty by his agents of any illegal practice within the meaning of this Act in reference to such election, and the following consequences shall ensue upon the report by the election court to the Speaker (that is to say);

(a) If the report is that any illegal practice has been proved to have been committed in reference to such election (e) by or with the knowledge and consent of any candidate at such election, that candidate

shall not be capable of being elected to or sitting in the House of Commons for the said county or borough for seven years next after the date of the report, and if he has been elected his election shall be void; and he shall further be subject to the same incapacities (ƒ) as if at the date of the report he had been convicted of such illegal practice; and (b) If the report is that a candidate at such election has been guilty by his agents of any illegal practice in reference to such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for the said county or borough during the Parliament for which the election was held, and if he has been elected, his election shall be void.

This section extends to illegal practices the provisions of the Parliamentary Elections Act, 1868, relating to corrupt practices, contained in sub-sec. 14 of s. 11. These provisions are not, however, repealed, and therefore remain in force in respect of corrupt practices also. For the consequences which ensue upon a report that corrupt practices have been committed, see ss. 4-6.

As regards illegal practices, the effect of this section is as follows:

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1. Where illegal practices are reported by the Court to have been committed by or with the knowledge and consent of the candidate

(a) To disqualify him for seven years after

date of the report for a seat in the House

for the constituency in question;

(b) Avoidance of his seat if elected;
(c) Liability on summary conviction to fine
not exceeding £100 (s. 10);

(d) Incapacity for five years from date of
conviction to be registered as an elector,
or vote in any election, Parliamentary or

Sec. 11.

Sec. 11.

otherwise, in the constituency in question (s. 10);

(e) Incapacity to vote or avoidance of vote, if given, at the election in question (ss. 36 & 37);

(ƒ) Liability to disgrace in the case of justices of the peace and professional men,

and loss of licence to licensed persons (s. 38, sub-secs. 6-9).

2. Where the report is that illegal practices have been committed by his agents only

The candidate may not sit during the existing

Parliament for the constituency in ques

tion, or if elected for the same, his election is void.

(a) "The Judge," now "the Judges," the 42 & 43 Vic. c. 75 having enacted that the Election Court shall consist of two instead of one.

(b) "By or with the knowledge and consent."-See notes to s. 4. For offences which are illegal practices only if committed by the candidate or his election agent, see s. 18, and 28 (2); and for offences for which the candidate is not liable unless committed by his election agent, see s. 9.

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(c) "Of all persons." This will include the candidate himself, if personally guilty.

(d) "Extensively prevailed."-Without necessarily tracing them to any particular person, as in the case also of general bribery or general treating.

(e) "In reference to such election."-Not "at," for an illegal practice is equally punishable whether committed before, during, or after the election.

(f) "The same incapacities."-See s. 10.

For cases where the Court has power to give relief, both as to avoidance of seat and other incapacities, see s. 22.

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