shall be sufficient to prove the same to be false or counterfeit by 2 W. 4, c. 34. the evidence of any other credible witness.

saries.

18. That in the case of every felony punishable under this As to accesact, every principal in the second degree, and every accessary before the fact, shall be punishable in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years: and in so far as relates to Scotland, every person who shall become accessary after the fact to any of the offences to which the punishment of transportation is, by this act, attached, shall on conviction be liable to be imprisoned for any term not exceeding two years; the general law of Scotland as to accession, or art and part, being in all other respects to regulate the punishments to be awarded under this act.

The court may order or solitary confinement.

hard labour

19. That where any person shall be convicted of any offence punishable under this act, for which imprisonment may be awarded, it shall be lawful for the court to sentence the offender to be imprisoned, with or without hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement, for the whole or any portion or portions of such imprisonment, as to the court in its discretion shall seem meet. 20. That where any offence, punishable under this act, shall As to offences be committed within the jurisdiction of the admiralty, the same shall be dealt with, inquired of, tried, and determined, in the same manner as any other offence committed within that jurisdiction.

committed at

sea.

as to current

feit coin, and

21. And be it declared and enacted, that where "the king's Rules of incurrent gold or silver coin," or "the king's current copper coin," terpretation shall be mentioned in any part of this act, the same shall be coin, counter. deemed to include and denote any gold or silver coin, or any criminal pos. copper coin respectively, coined in any of his majesty's mints, session. and lawfully current in any part of his majesty's dominions, whether within the United Kingdom or otherwise; and that any of the king's current coin, which shall have been gilt, silvered, washed, coloured, or cased over, or in any manner altered so as to resemble, or be apparently intended to resemble or pass for, any of the king's current coin of a higher denomination, shall be deemed and taken to be counterfeit coin, within the intent and meaning of those parts of this act wherein mention is made of "false or counterfeit coin, resembling, or apparently intended to resemble or pass for, any of the king's current gold or silver coin ;" and that where the having any matter in the custody or possession of any person is, in this act, expressed to be an offence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in any dwelling-house or other building, lodging, apartment, field, or other place, open or enclosed, whether be

2 W. 4, c. 34. longing to, or occupied by himself or not, and whether such matter shall be so had for his own use or benefit, or for that of another; every such person shall be deemed and taken to have such matter in his custody or possession, within the meaning of

this act.

No meetings shall be held

for elections, certain places.

except for

Disturbing the poll, destroying

SECTION 3.

Offences relating to the Election of Members of
Parliament.

40 Geo. 3, c. 29, (a) s. 3.-That in case of the summoning of a new parliament, or if the seat of any of the said commoners shall become vacant by death or otherwise, then the said counties, cities, or boroughs, or any of them, as the case may be, shall proceed to a new election; and that all the other towns, cities, corporations, or boroughs, other than the aforesaid, shall cease to elect representatives to serve in parliament; and no meeting shall at any time hereafter be summoned, called, convened, or held, for the purpose of electing any person or persons to serve, or act, or be considered as representative or representatives of any other place, town, city, corporation, or borough, other than the aforesaid, or as representative or representatives of the freemen, freeholders, householders, or inhabitants thereof, either in the parliament of the United Kingdom or elsewhere (unless it shall hereafter be otherwise provided by the parlia ment of the United Kingdom) and every person summoning, calling, or holding any such meeting, or assembly, or taking any part in any such election or pretended election, shall, being thereof duly convicted, incur and suffer the pains and penalties ordained and provided by the statute of provision and premunire made in the sixteenth year of the reign of Richard the Second.(b)

35 Geo.3, c. 29, (c) s. 12.—That if any person or persons shall violently, riotously, or outrageously disturb or interrupt any elec

(a) Entitled, " An act to regulate the mode by which the lords spiritual and temporal, and the commons to serve in the United Kingdom on the part of Ireland, shall be summoned and returned to the said parliament."

(b) Ante, 104.

(c) This act has been repealed as to counties of cities and counties of towns, by the 4 Geo. 4, c. 55.

tion, or the proceedings of the poll; such disturbance, riot, or 35 G. 3, c. 29. misbehaviour shall not be any excuse to the returning officer or

officers, nor afford him or them any pretence for closing the poll books poll, or making a return; but the court shall thereupon be ad- &c.; felony. journed for some convenient time, as the occasion may require, and if necessary, shall be further continued by adjournment from time to time, until such disturbance shall have ceased, when such returning officer shall again proceed in taking the poll; and every person who shall be, by due course of law, convicted of having violently, riotously, or outrageously disturbed the court, or otherwise misbehaved, so as forcibly to interrupt the proceeding of the poll, or of having wilfully effaced, obliterated, torn, altered, or destroyed the whole or any part of the poll-book of the returning officer or officers, or any deputy, whereon any thing relative to the said election shall have been entered, or of having forcibly or fraudulently taken or secreted the same, or any part thereof, or the writ or precept for holding such election, shall be adjudged guilty of felony, and be transported for seven years to some part of his majesty's dominions out of Europe, or be imprisoned for any time not more than seven years, at the discretion of the judge or judges who shall try such person.

53. That if any person shall poll at any election by virtue of a freehold which he had registered, and of which he shall not be in possession at the time of his polling, he shall (if thereof convicted) be imprisoned in the common gaol of the county, for the space of six months.

Voting from freehold not

in possession.

freeholder.

54. That if any person, not being a registered freeholder, Personating shall take upon him the name of a freeholder entered upon the registered registry, or pretend to be the person so registered, and shall be convicted thereof, he shall be sentenced to stand in the pillory on three successive market days, in the town where such election has been held, and be imprisoned in the common gaol of the county where he shall have been so convicted, for the space of six months.

ors &c.; per.

72, (pars.) That all and every person and persons who shall False swearfalsely and wilfully swear or affirm, contrary to the true intent ing by electand meaning of this act, being thereof indicted and convicted, jury. shall suffer such pains, penalties, and disabilities, as persons convicted of wilful and corrupt perjury ought by law to suffer; and that any person claiming to be a voter as an inhabitant of such borough, who shall be guilty of perjury in registering his inhabitancy and right of voting, or pretended right, in such borough, without being really and bona fide a resident inhabitant thereof, according to the form of the oath aforesaid prescribed, and shall be thereof convicted and condemned, and suffer the pains and penalties aforesaid, shall for ever be incapable of giving any vote at any election of a member to serve in parliament.

74. That if any person, sheriff, or other returning officer, his or their deputy or deputies, who shall take any oath or affirma

False swear&c.; perjury.

ing by sheriff'

35 G. 3, c. 29. tion in pursuance of this act, or shall wilfully swear or affirm falsely therein; he shall be guilty of wilful and corrupt perjury, or false affirming, and shall and may be prosecuted for the same, by indictment or otherwise, as perjury, in a court of record, may now be prosecuted; and being thereof convicted, he shall incur and suffer the pains and penalties which by law are, or may be inflicted, in cases of wilful and corrupt perjury.

Writ of summons need

or proved.

75, (pars.) That it shall be sufficient, in any indictment for not be alleged any offence contrary to this act, to allege the particular offence, and that the defendant is guilty, without mentioning the writ of summons to parliament, or the return thereof; and that upon trial of any issue in any such action, information, or indictment, the plaintiff, informer, or prosecutor shall not be obliged to prove the writ of summons to parliament, or the return thereof, or any warrant to the sheriff grounded upon such writ of summons.

Offenders discovering others, indemnified.

Prosecutions to be com

menced within one year.

77. That if any person, (except a returning officer, clerk of the peace, or treasurer,) offending against this act, shall, within the space of twelve calendar months next after such offence committed, discover any other person or persons guilty of a like offence, so that such person or persons be thereupon convicted, such person so discovering shall be indemnified, and exempted, and saved harmless from all penalties and disabilities which he shall have incurred by any such offence.

78. Provided always, that every action, information, indictment, or prosecution, grounded upon this act, be commenced within one year after the offence shall be committed.

Neglecting to 53 Geo. 3, c. 89, s. 6.—That every person concerned in the deliver writ, transmitting or delivery of any such writ as aforeeaid(a), who misdemeanor. shall wilfully neglect or delay to deliver or transmit any such writ, or accept any fee, or do any other matter or thing in violation of this act, shall be guilty of a misdemeanor, and may, upon any conviction, upon any indictment or information in his majesty's court of King's Bench, be fined and imprisoned, at the discretion of the court, for such misdemeanor.

Poll books to

be delivered to the clerk of

60 Geo. 3, & 1 Geo. 4, c. 11, s. 3. That in every case in which a poll shall take place as aforesaid, the returning officer the peace &c. shall, within twenty-one days of the final close of such poll, deliver all the poll books of such election to the clerk of the peace for such county, county of a city, county of a town, if such elec

(a) By s. 1, it is enacted that, in all cases of the summoning of a new parliament, or of occasional vacancies, the writs for the election of members shall be given to the messenger of the great seal, who shall deliver them (except where the election is for London, or places adjacent,) to the postmaster general or his deputy, to be by him forthwith forwarded to the post towns adjacent to the places appointed by the several sheriffs for holding their offices; the deputy postmasters of which shall deliver them without delay.

60 G. 3, & 1 G. 4, c. 11.

tion shall be be held for a county, county of a city, county of a town, or if in any other place, then and in such case, to the officer who has the custody of the records of such place, verifying upon oath (which oath any justice of the peace for such county, county of a city, county of a town or place, is hereby empowered to administer,) that the poll books, which he delivers in, are the original poll books of such election, upon which the return was founded, and that, from the final close of the poll to the time he delivers in the same, there has not been any obliteration, erasure, addition, or alteration made therein; and such pall books shall be carefully kept amongst the records of such county, county of a city, county of a town or place; and the pro- Evidence. duction of such poll books by such clerk of the peace or officer, or his deputy, shall be deemed sufficient evidence of the authenticity thereof, unless the same shall be disproved.

25. That every returning officer, who shall be, by due course of law, convicted of having acted corruptly or partially in the execution of his duty, as returning officer at any election of a member or members to serve in parliament, shall be adjudged guilty of a high misdemeanor, and shall be imprisoned for a period not exceeding three years; and such person, so convicted, is hereby declared to be for ever incapable of holding any office or situation, civil or military, under the crown.

personate

36. That every person who shall poll a second time, or offer to poll a second time, at the same election, or who shall any other person, or attempt to personate any other person, for the purpose of polling at such election, shall be guilty of a misdemeanor; and, upon being thereof convicted in any of his majesty's courts of records in Dublin, shall be imprisoned for any term not more than two years, at the discretion of the judge or judges who shall try such person.

4 Geo. 4, c. 55, (a) s. 70.— That if any person or persons shall violently, riotously, or outrageously disturb or interrupt any election, or the proceedings of the poll; such disturbance, riot, or misbehaviour shall not be any excuse to the returning officer or officers, nor afford him or them any pretence for closing the poll or making a return; but the court shall thereupon be adjourned for some convenient time, as the occasion may require; and if necessary, shall be further continued by adjournment from time to time, until such disturbance shall have ceased; when such returning officer shall again proceed in taking the poll: and every person who shall be, by due course of law, convicted of having violently, riotously, or outrageously disturbed the court, or other wise misbehaved, so as forcibly to interrupt the proceedings of

(a) Entitled, " 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."

Returning officer acting corruptly; imprisonment

&c.

Polling twice

or personating electors'; imprisonment.

Riots &c., no closing the poll, or mak

excuse for

ing a return.

Disturbing the election, or effacing the books, felony.