c. 102. indirectly, by himself or by any other person on his 17 & 18 Vict, [4. Treating. Repealed by the Corrupt Practices Act, 1883. For substitution, see p. 466.] [5. Undue influence.-Repealed by the Corrupt Practices Act, 1883.] [6. Repealed by the Corrupt Practices Act, 1883.] No cockades, &c., to be given at elections. 7. No candidate before, during, or after any election shall in regard to such election, by himself or agent, directly or indirectly, give or provide to or for any person having a vote at such election, or to or for any inhabitant of the county, city, borough, or place for which such election is had, any cockade, ribbon, or other mark of distinction; and every person so giving or providing Penalty. shall for every such offence forfeit the sum of two pounds to such person as shall sue for the same, together with full costs of suit. By s. 16 of the Act of 1883, p. 473, payments for cockades, ribbons, or other marks of distinction, are forbidden, and payments therefor are made illegal payments. constables 8. No person having a right to vote at the election for any Voters need county, city, borough, or other place shall be liable or compelled not serve as to serve as a special constable at or during any election for a special member or members to serve in Parliament for such county, during city, borough, or other place, unless he shall consent so to act; elections. and he shall not be liable to any fine, penalty, or punishment whatever for refusing so to act, any statute, law, or usage to the contrary notwithstanding. [9. Repealed by the Corrupt Practices Act, 1883.] 10. It shall be lawful for any criminal court, before which any Costs and prosecution shall be instituted for any offence against the pro- expenses of visions of this Act, to order payment to the prosecutor of such prosecutions. costs and expenses as to the said court shall appear to have been reasonably incurred in and about the conduct of such prosecution: Provided always, that no indictment for bribery or undue influence shall be triable before any court of quarter sessions. [11. Returning officer to give notice of election.-Repealed by the Ballot Act, 1872.] defendant. 12. In case of any indictment or information by a private Costs from prosecutor for any offence against the provisions of this Act, if prosecutor to judgment shall be given for the defendant, he shall be entitled successful to recover from the prosecutor the costs sustained by the defendant by reason of such indictment or information, such costs to be taxed by the proper officer of the court in which such judgment shall be given. 13. It shall not be lawful for any court to order payment of the costs of a prosecution for any offence against the provisions of this Act, unless the prosecutor shall, before or upon the finding of the indictment or the granting of the information, enter into a recognizance, with two sufficient sureties, in the sum of two hundred pounds (to be acknowledged in like manner as is now required in cases of writs of certiorari awarded at the instance of a defendant in an indictment), with the conditions following; that is to say, that the prosecutor shall conduct the prosecution with effect, and shall pay to the defendant or defendants, in case he or they shall be acquitted, his or their costs. [14. Limitation of actions.-Repealed by the Corrupt Practices Act, 1883.] [23. Refreshments.-Repealed by the Corrupt Practices Act, 1883.] 33. If any candidate at any election, or [34. Repealed by the Corrupt Practices Act, 1863.] 35. On the trial of any action for recovery of any pecuniary penalty under this Act, the parties to such action, and the husbands and wives of such parties respectively, shall be competent and compellable to give evidence in the same manner as parties, and their husbands and wives, are competent and compellable to give evidence in actions and suits under the Act of the fourteenth and fifteenth Victoria, chapter ninety-nine, and "The Evidence Amendment Act, 1853," but subject to and with the exceptions contained in such several Acts: Provided always, that any such evidence shall not thereafter be used in any indictment or criminal proceeding under this Act against the party giving it. For similar provision, see s. 53, subs. (2), of the Act of 1883, p. 497. 37. In citing this Act in any instrument, document, or proceeding, or for any purpose whatsoever, it shall be sufficient to use the expression "The Corrupt Practices Prevention Act, 1854." 38. Throughout this Act, in the construction thereof, except there may be something in the subject or context repugnant to such construction, the word "county" shall extend to and mean any county, riding, parts, or division of a county, stewartry, or combined counties respectively returning a member or members to serve in Parliament; and the words c. 102 "city or borough" shall mean any university, city, borough, 17 & 18 Vict. town corporate, county of a city, county of a town, cinque port, district of burghs, or other place or combination of places (not being a county as herein before defined) returning a member or members to serve in Parliament; and the word "election" shall mean the election of any 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 list 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 list 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. 21 & 22 Vict. c. 110. An Act to extend the Act of the Twenty-fourth Year of King George the Third, chapter Twenty-six, for issuing Writs during any Recess of the House of Commons, whether by Prorogation or Adjourn[2nd August, 1858. ment. "Whereas provision is made by the twenty-fourth of George the Third, chapter twenty-six, for the issuing of writs by warrant of the Speaker of the House of Commons during any recess of the said House, whether by prorogation or adjournment: And whereas the said Act has been found advantageous to the public, by causing speedy elections, and it is expedient that the provisions thereof be further extended:" BE IT THEREFORE ENACTED as follows: 1. From and after the passing of this Act, it shall and may be lawful for the Speaker of the House of Commons for the time being, during any recess of the House as aforesaid, to issue his warrant to the Clerk of the Crown to make out a new writ for election of a member of the House in the room of any member who has, since such adjournment or prorogation, accepted any office whereby he has, either by the express provision of any Act of Parliament or by any previous determination of the House of 21 & 22 Vict. c. 110. Warrants for new writs in the room of members accepting certain offices. c. 110. 21 & 22 Vict. Commons, vacated his seat in the House of Commons, so soon as he shall have been gazetted thereto in any of the Queen's Gazettes, and a notice thereof, together with a copy of the Gazette, shall have been sent to the Speaker by a certificate under the hands of two members of the House of Commons, according to the form in the schedule to this Act annexed, or to the like effect. For the Act recited, see p. 391. This Act extends to the case of members accepting office during recess. the procedure of the recited Act in regard to members dying or becoming peers. 2. Provided always, That any member of the House of Commons accepting any such office as aforesaid shall forthwith notify his acceptance thereof to the Speaker, either by writing under the hand of such member or by his countersigning the said certificate relating to such acceptance, and the Speaker shall not issue his warrant in pursuance of this Act without having received such notification, and until fourteen days after he shall have caused notice of his having received such certificate and notification to be inserted in the London Gazette. The fourteen days reduced to six by 26 Vict. c. 20, s. 1, p. 423. 3. Provided always, That in any case in which it shall appear to the Speaker to be doubtful whether the acceptance of any office which has been certified to him as aforesaid has the effect of vacating the seat of the person so appointed, it shall be lawful for the said Speaker, instead of issuing his warrant in pursuance of this Act, to reserve such question for the decision of the House. 4. Provided always, That this Act shall not in any way apply to the acceptance of any of the following offices; that is to say, the office of steward or bailiff of her Majesty's three Chiltern Hundreds of Stoke, Desborough, and Bonenham, or of the manor of East Hendred, or of the manor of Northstead, or of the manor of Hempholme, or of Escheator of Munster. 5. All the other provisions of the said recited Act shall be applicable to the cases provided for in this Act. 6. This Act may be cited as the "Election of Members during Recess Act, 1858." of SCHEDULE. WE, whose names are underwritten, being two members of the House of Commons, do hereby certify that M.P., late a member of the said House, serving as one of the knights of the shire for the county [or as the case may be], has accepted the office of Member of the Council for India [or as the case may be], and has been gazetted thereto in the Gazette, dated the day of and has thereby vacated his seat; and we give you this notice, to the intent that you may issue your warrant to the Clerk of the Crown to make out a new writ for the election of a knight c. 53. 24 & 25 Vict. c. 53. An Act to provide that Votes at 24 & 25 Vict. Elections for the Universities may be recorded by means [1st August, 1861. of Voting Papers. "Whereas it is expedient to afford greater facilities for voting to the electors at elections for burgesses to serve in Parliament for the Universities of Oxford, Cambridge, and Dublin:" BE IT ENACTED as follows: 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 authorized 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 or 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. By the Representation of the People Act, 1867, s. 45 (p. 426), this Act is extended to London University. The four preceding sections of the same Act provide a returning officer and registrar for polling at that University. 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 Electors to vote by means of voting papers. Voting paper to be read, and votes recorded. |