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Date of Act.

Title of Act.

Extent of Repeal.

49 Geo. 3, c. 118, A.D. 1809.

4 Geo. 4, c. 55, A.D. 1823.

7 & 8 Geo. 4, c. 37, A. D. 1827.

2 & 3 Wm. 4, c. 65, A.D. 1832.

2 & 3 Wm. 4,

c. 88, A.D 1832.

5 & 6 Vict. c. 102.

An act for better securing the independence and purity of Parliament, by preventing the procuring or obtaining of seats in Parliament by corrupt practices.

An act to consolidate and amend

the several acts now in force, so far as the same relate to the election and return of members to serve in Parliament for counties of cities and counties of towns in Ireland.

An act to make further regulations for preventing corrupt practices at elections of members to serve in Parliament, and for diminishing the expense of such elections. An act to amend the representation of the people of Scotland.

An act to amend the representation of the people of Ireland.

An act for the better discovery and prevention of bribery and treating at the election of members of Parliament.

The whole act.

So much of the act as

is contained in the 48th, 79th, and 81st sections.

The whole act.

So much of the 26th section of the act and the schedule (K.) thereto annexed as relates to the oath or affirmation against bribery to be put to any registered voter at any poll or election. So much of the 54th section of the act as relates to administering the oath or affirmation against bribery.

So much of the act as is contained in the 20th and 22nd sections.

SCHEDULE (B).

No. 1.-Proclamation to be used in Counties.

Election of Knight, &c.

The sheriff of the county of

will, at

the

day of now next ensuing, proceed to the election of a knight or knights, member or members [as the case may be] for the county or division of a county [as the case may be], at which time and place all persons entitled to vote at the said election are requested to give their attendance.

And take notice, that all persons who are guilty of bribery at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in "The Corrupt Practices Act, 1854."

And take notice, that all persons who are guilty of treating or undue influence at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in "The Corrupt Practices Prevention Act, 1854." Signature of the proper officer.

No. 2.-Notice of Election in Boroughs.
City or borough of

day of

for

In pursuance of a writ received by me electing a burgess or burgesses [as the case may be], to serve in Parliament for the city or borough [as the case may be], I do hereby give notice, that I shall proceed to election accordingly on the

day of

at o'clock in when and where all persons concerned are to give their attendance.

And take notice, that all persons who are guilty of bribery at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in "The Corrupt Practices Prevention Act, 1854."

And take notice, that all persons who are guilty of treating or undue influence at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in "The Corrupt Practices Prevention Act, 1854." Signature of the proper officer.

Sheriff to be returning officer in boroughs

where the

office of returning

17 & 18 VICT. C. 57.

An Act to amend the Law relating to the appointment of re
turning officers in certain cases.
[31st July, 1854.]

Whereas by an act passed in the session of Parliament holden in the sixteenth and seventeenth years of the reign of her present Majesty, chapter sixty-eight, it is amongst other things enacted, that the writ for making any election of a member to serve in Parliament for any borough, town corporate, port, or place returning members to serve in Parliament in England and Wales, shall thereafter be directed to the returning officer of such borough, town corporate, port, or place respectively: And whereas by another act passed in the session of Parliament holden in the sixth and seventh years of his late Majesty, chapter one hundred and one, it was amongst other things enacted, that if at any time during which any precept ought to be issued, or other act done by or with regard to the returning officer for any city, borough, or town, the office of returning officer shall happen to be vacant, it shall be lawful for the sheriff of the county in which such city, borough, or town is situate, by writing under his hand, to appoint some fit person as his deputy to perform the duties of returning officer during such vacancy: And whereas difficulties and delay may arise in the appointment of such sufficient deputy, in the case of a vacancy in the office of returning officer, by reason of the writ being directed to such returning officer, and there being no person qualified to receive and execute the same: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows:

I. Every writ for making any election of a member to serve in Parliament for any borough, city, or town, shall be directed to the returning officer of the said borough, or his deputy, and in their absence to the sheriff of the county in which the said city, borough or town is situate; and in all

be vacant.

cases whatever, whenever there shall be, either from tempo- officer shall rary vacancy or from some other cause, no person duly qualified in any borough, city, or town to perform the duties of a returning officer for the same, the sheriff of the county in which such borough, city or town is situate shall be charged with the execution of the said writ, and shall execute the same and in all respects perform the duties of and incidental to the office of returning officer: Provided always, that it shall not be lawful for the said sheriff to receive or execute the writ except when there shall be no person within the said borough, city, or town legally qualified and competent as a returning officer to execute the same.

17 & 18 VICT. C. 125.

An Act for the further Amendment of the Process, Practice, and Mode of Pleading in and enlarging the Jurisdiction of the Superior Courts of Common Law at Westminster, and of the Superior Courts of Common Law of the Counties Palatine of Lancaster and Durham. [12th August, 1854.]

XIX. It shall be lawful for the Court or Judge, at the Power to trial of any cause, where they or he may deem it right for adjourn trial. the purposes of justice, to order an adjournment for such time, and subject to such terms and conditions as to costs,

and otherwise, as they or he may think fit.

oath in cer

XX. If any person called as a witness, or required or Affirmation desiring to make an affidavit or deposition, shall refuse or instead of be unwilling from alleged conscientious motives to be sworn, tain cases. it shall be lawful for the court or judge or other presiding officer, or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following; viz.

"I A. B. do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful; and I do also solemnly, sincerely, and truly affirm and declare," &c.

which solemn affirmation and declaration shall be of the same force and effect as if such person had taken an oath in the usual form.

Persona

making a

ject to the

same punish

XXI. If any person making such solemn affirmation or false affirma- declaration shall wilfully, falsely, and corruptly affirm or tion, be sub- declare any matter or thing, which, if the same had been sworn in the usual form, would have amounted to wilful and corrupt perjury, every such person so offending shall incur the same penalties as by the laws and statutes of this kingdom are or may be enacted or provided against persons convicted of wilful and corrupt perjury.

ment as for

perjury.

How far a

party may

own wit

nesses.

XXII. A party producing a witness shall not be allowed discredit his to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the judge prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.

Proof of contradictory statements of

ness.

XXIII. If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter adverse wit- of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make make it; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.

Cross-exami

previous

writing.

XXIV. A witness may be cross-examined as to previous nation as to statements made by him in writing, or reduced into writing, statements in relative to the subject-matter of the cause without such writing being shown to him; but if it is intended to contradict such witness by the writing, his intention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him: Provided always, that it shall be competent for the judge, at any time during the trial, to require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he shall think fit.

Proof of previous conviction of a witness may be given.

XXV. A witness in any cause may be questioned as to whether he has been convicted of any felony or misdemeanor, and, upon being so questioned, if he either denies the fact, or refuses to answer, it shall be lawful for the opposite party to prove such conviction; and a certificate containing the

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