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PART III.

ENACTMENTS DEFINING THE OFFENCES OF BRIBERY AND PERSONATION.*

The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. c. 102,

88. 2, 3.

Sect. 2. The following persons shall be deemed guilty of bribery, and shall be punishable accordingly:

(1.) Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer, promise, or promise to procure or to endeavour to procure, any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce any voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of such voter having voted or refrained from voting at any election:

(2.) Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure or to endeavour to procure, any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of any voter having voted or refrained from voting at any election:

(3.) Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid to or for any person, in order to induce such person to procure or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election:

(4.) Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise, or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election:

(5.) Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election. Provided always, that the aforesaid enactment shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bonâ fide incurred at or concerning any election.

Sect. 3. The following persons shall also be deemed guilty of bribery, and shall be punishable accordingly:

(1.) Every voter who shall, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election:

c. 51.

(2.) Every person who shall, after any election, directly or indirectly, 46 & 47 Vict. by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election.

After election.

The Representation of the People Act, 1867, 30 & 31 Vict. c. 102, s. 49.

Any person, either directly or indirectly, corruptly paying any rate on Corrupt paybehalf of any ratepayer for the purpose of enabling him to be registered ment of rates is a voter, thereby to influence his vote at any future election, and any to be punishcandidate or other person, either directly or indirectly, paying any rate on able as bribery. behalf of any voter for the purpose of inducing him to vote or refrain from voting, shall be guilty of bribery, and be punishable accordingly; and any person on whose behalf and with whose privity any such payment as in this section is mentioned is made, shall also be guilty of bribery, and punishable accordingly.

The Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24.

A person shall for all purposes of the laws relating to parliamentary Personation and municipal elections be deemed to be guilty of the offence of persona- defined. tion who, at an election for a county or borough, or at a municipal election, applies for a ballot paper in the name of some other person, whether that name be of a person living or dead, or of a fictitious person, or who, having voted once at any such election, applies at the same election for a ballot paper in his own name.

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46 & 47 Vict.

c. 51, Sched. V.

Enactments
Repealed.

[See s. 66, p. 503.]

FIFTH SCHEDULE.

ENACTMENTS REPEALED.

NOTE.-Portions of Acts which have already been specifically repealed are in some instances included in the repeal in this schedule in order to preclude henceforth the necessity of looking back to previous Acts.

A description or citation of a portion of an Act is inclusive of the words, section, or other part first or last mentioned, or otherwise referred to as forming the beginning or as forming the end of the portion comprised in the description or citation.

60 Geo. 3, & 1 Geo. 4, c. 11. (An Act for the better regulation of polls, and for making further provision touching the election of members to serve in Parliament for Ireland.) Section thirty-six.

1 & 2 Geo. 4, c. 58. (An Act to regulate the expenses of election of members to serve in Parliament for Ireland.) The whole Act except section three.

4 Geo. 4, c. 55. (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 the counties of cities and counties of towns in Ireland.) Section eighty-two.

17 & 18 Vict. c. 102. (The Corrupt Practices Prevention Act, 1854.) Section one; section two, from" and any person so offending" to "with full costs of suit;" section three, from "and any person so offending" to the end of the section; section four; section five; section six; section seven, from "and all payments to the end of the section; section nine, section fourteen, section twenty-three, section thirty-six; section thirty-eight, from "and the words personal expenses" to the end of the section; and section thirty-nine and Schedule A.

21 & 22 Vict. c. 87. (An Act to continue and amend the Corrupt Practices Prevention Act, 1854.) The whole Act.

26 & 27 Vict. c. 29. (An Act to amend and continue the law relating to corrupt practices at elections of members of Parliament.) The whole Act, except section six.

30 & 31 Vict. c. 102. (The Representation of the People Act, 1867.) Section thirty-four, from "and in other boroughs the justices" to "greater part thereof is situate," and section thirty-six.

31 & 32 Vict. c. 48. (The Representation of the People (Scotland) Act, 1868.) Section twenty-five.

31 & 32 Vict. c. 49. (The Representation of the People (Ireland) Act, 1868.) Section twelve.

31 & 32 Vict. c. 58. (The Parliamentary Electors Registration Act, 1868.) Section eighteen, from "the power of dividing their county" to the end of the section.

31 & 32 Vict. c. 125. (The Parliamentary Elections Act, 1868.) So much of section three as relates to the definitions of "candidate ;" section sixteen, section thirty-three, section thirty-six; section forty-one, from "but according to the same principles " to "the High Court of Chancery;" section forty-three, section forty-five, section forty-six, section forty-seven; section fifty-eight, from "The principles " down to "in the Court of Session," being sub-section sixteen.

35 & 36 Vict. c. 33. (The Ballot Act, 1872.) Section five, from the beginning down to "one hundred registered electors;" section twenty

c. 51.

four, from "the offence of personation, or of aiding," to "hard labour," 46 & 47 Vict. and from "The offence of personation shall be deemed to be" to the end of the section.

42 & 43 Vict. c. 75. (The Parliamentary Elections and Corrupt Practices Act, 1879.) Section three and schedule.

43 Vict. c. 18. (The Parliamentary Elections and Corrupt Practices Act, 1880.) The whole Act, except sections one and three.

48 Vict. c. 10.

An Act to extend the Hours of Polling at 48 Vict. c. 10. Parliamentary and Municipal Elections.

BE IT ENACTED, as follows:

[28th April, 1885.

1. At every parliamentary and every municipal election within Polling from the meaning of this Act, the poll (if any) shall commence at eight to eight. eight o'clock in the forenoon, and be kept open till eight o'clock

in the afternoon of the same day and no longer.

The time must be "Greenwich mean time:" Statutes (Definition of Time Act), 1880, 43 & 44 Vict. c. 9.

2. In this Act

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Meaning of The expression" parliamentary election means an election "parliamenfor a county, city, borough, place, or combination of tary election." counties, cities, boroughs, and places (not being any university or universities), which returns any knight of the shire or member to serve in Parliament, and where the same is divided for the purpose of such return includes an election for such division:

[Meaning of the expression "municipal election."]

3. Upon this Act coming into operation the Parliamentary Repeal of Elections (Metropolis) Act, 1878, and the Elections (Hours of Acts of 1878 Poll) Act, 1884, shall be repealed, without prejudice to anything and 1884. previously done in pursuance thereof.

By the Act of 1878 in metropolitan boroughs, and by the Act of 1884 in boroughs having more than 3000 electors, the hours, which were eight to four for boroughs under 5 & 6 Will. 4, c. 36, and eight to five for counties under 16 & 17 Vict. c. 15, were fixed as fixed by this Act.

4. This Act may be cited as Act, 1885."

66

The Elections (Hours of Poll) Short title.

pre

5. This Act shall come into operation at the end of this Commencesent Parliament.

ment of Act.

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48 & 49 Vict. c. 23, ss. 8 (4), 9 (3), 12–16, 27, 28. Redistribution of Seats Act, 1885.

8.-(4.) At a general parliamentary election the polls (if any) for the divisions in a divided borough shall be taken on the same day, such day to be fixed by the returning officer of the borough, but nothing in this sub-section shall be taken to enlarge or extend the discretion vested in him by the Ballot Act, 1872, as to fixing the day of poll.

For the three first paragraphs of this section which deal with electoral areas, see p. 259.

9.-(3.) Subject to the provisions of this Act the members for each such division of a county shall be elected by persons qualified in the same manner, and the nomination and other proceedings at parliamentary elections for such division shall be conducted in the same manner, as if such division were a separate constituency, and the law relating to parliamentary elections shall apply to each such division as if it were a separate county.

For the two first paragraphs of this section which deal with areas, see p. 260.

12.-(1.) Save as in this Act mentioned, in each of the Parliamentary boroughs constituted under this Act in which there is not, for the time being, a mayor, a returning officer shall be appointed in like manner as if such borough were included among the boroughs mentioned in Schedule (C.) to the Act of the session of the second and third years of the reign of King William the Fourth, chapter forty-five, intituled "An Act to amend the Representation of the People in England and Wales," for which boroughs no persons are specified in such schedule as returning officers. Provided that every sheriff shall, as soon as may be after the passing of this Act, appoint a returning officer for each parliamentary borough which is constituted under this Act, and is within his jurisdiction, and requires such appointment, and any returning officer so appointed shall hold his office until the time in the ensuing year fixed by law for the appointment of returning officers.

(2.) A returning officer of a parliamentary borough appoinied by a sheriff of a county in pursuance of section eleven of the said Act, or of any enactment (whether in this or any other Act) applying that section, need not be resident in the borough for which he is returning officer, provided that, if not so resident, he shall have an office therein for the purpose of his duties in relation to the registration of voters and to elections in such borough.

(3.) Where a parliamentary borough is situate in more than one county, the returning officer appointed as above mentioned

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