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defined by this Act, and bribery, and personation, as defined by the enactments set forth in Part III. of the Third Schedule to this Act, and aiding, abetting, counselling, and procuring the commission of the offence of personation, and every offence which is a corrupt practice within the meaning of this Act shall be a corrupt practice within the 31 & 32 Vict. meaning of the Parliamentary Elections Act, 1868.

c. 125.

4. Where upon the trial of an election petition respecting an election Punishment of for a county or borough the election court, by the report made to the candidate Speaker in pursuance of Section 11 of the Parliamentary Elections Act, dlection 1868, reports that any corrupt practice other than treating or undue petition, guilty influence has been proved to have been committed in reference to such personally of election by or with the knowledge and consent of any candidate at such practices. election, or that the offence of treating or undue influence has been 31 & 32 Vict. proved to have been committed in reference to such election, by any candidate at such election, that candidate shall not be capable of ever being elected to or sitting in the House of Commons for the said county or borough, and if he has been elected, his election shall be void : and he shall further be subject to the same incapacities as if at the date of the said report he had been convicted on an indictment of a corrupt practice.

c. 125.

election

5. Upon the trial of an election petition respecting an election for a Punishment county or borough, in which a charge is made of any corrupt practice of candidate having been committed in reference to such election, the election court shall report in writing to the Speaker whether any of the candidates at petition, guilty such election has been guilty by his agents of any corrupt practice in byr agents of reference to such election ; and if the eport is that any candidate at practices. such election has been guilty by his agents of any corrupt practice in reference to such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for such county or borough for seven years after the date of the report, and if he has been elected his election shall be void,

6. (1.) A person who commits any corrupt practice other than per- Punishment of sonation, or aiding, abetting, counselling, or procuring the commission to person conthe offence of personation, shall be guilty of a misdemeanour, and on con- indictment of viction on indictment shall be liable to be imprisoned, with or without corrupt

practices. hard labour, for a term not exceeding one year, or to be fined any sum not exceeding two hundred pounds.

(2.) A person who commits the offence of personation, or of aiding, abetting, counselling, or procuring the commission of that offence, shali be guilty of felony, and any person convicted thereof, on indictment shall be punished by imprisonment for a term not exceeding two years, together with hard labour.

(3.) A person who is convicted on indictment of any corrupt practice
shall (in addition to any punishment as above provided) be not capable
during a period of seven years from the date of his conviction :
(a.) of being registered as an elector or voting at any election in

the United Kingdom, whether it be a parliamentary election
or an election for any public office within the meaning this

Act; or
(6.) of holding any public or judicial office with the meaning of this

Act, and if he holds any such office the office shall be vacated.

(4.) Any person so convicted of a corrupt practice in reference to any election shall also be incapable of being elected to and of sitting in the House of Commons during the seven years next after the date of his conviction, and if at that date he has been elected to the House of Commons his election shall be vacated from the time of such conviction.

Certain expenditure to be illegal practice.

or on

Illegal practices. 7. (1.) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at any election, be made (a.) on account of the conveyance of electors to or from the poll,

whether for the hiring of horses or carriages, or for railway

fares, or otherwise ; or (b.) to an elector on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice,

account of the exhibition of any address, bill, or notice; or (..) on account of any committee-room in excess of the number

allowed by the First Schedule to this Act. (2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this Act, shall be guilty of an illegal practice.

(3.) Provided that where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the ineaning of this section.

Expense in excess of maximum to be

8. (1.) Subject to such exception as may be allowed in pursuance of

this Act, no sum shall be paid and no expense shall be incurred by a illegal practice. candidate at an election or his election agent, whether before, during, or

after an election, on account of or in respect of the conduct or management of such election, in excess of any maximum amount in that behalf specified in the First Schedule to this Act.

(2.) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice.

ments of withdrawal

Voting by pro- 9. (1.) If any person votes or induces or procures any person to vote hibited persons at any election, knowing that he or such person is prohibited, whether and publishing by this er any other Act from voting at such election, he shall be guilty

of an illegal practice. to be illegal,

(2.) Any person who before or during an election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice.

(3.) Provided that a candidate shall not be liable, nor shall his election be avoided, for any illegal practice under this section committed by his agent other than his election agent.

10. A person guilty of an illegal practice, whether under the fore- Punishment going sections or under the provisions hereinafter contained in this Act, on conviction shall on summary conviction be liable to a fine not exceeding one

of illegal hundred

practice. pounds, and be incapable during a period of five years from the date of his conviction of being registered as an elector or voting at any election (whether it be a parliamentary election or an election for a public office within the meaning of this Act) held for or within the county or borough in which the illegal practice has been committed.

election court

ment of candidate found

report.
31 & 32 Vict.

11. Whereas by sub-section 14 of Section 11 of the Parlia- Report of mentary Elections Act, 1868, it is provided that where a charge is

respecting made in an election petition of any corrupt practice having been com- illegal practice, mitted at the election to which the petition refers, the judge shall and punishreport in writing to the speaker as follows :(a.) “Whether any corrupt practice has or has not been proved to guilty by such

have been committed by or with the knowledge and consent of
any candidate at such election, and the nature of such corrupt c. 125.

practice :
(6.) “The names of all persons, if any, who have been proved at the

trial to have been guilty of any corrupt practice : (c.) “Whether corrupt practices have, or whether there is reason to

believe corrupt practices have extensively prevailed at the

election to which the petition relates: And whereas it is expedient to extend the said sub-section to illegal practices :

Be it therefore enacted as follows :Sub-section 14 of Section 11 of the Parliamentary Elections Act, 31 & 32 Vict., 1868, shall apply as if that sub-section were herein re-enacted with thé c. 126. 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 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 as if at the date of the report

he had been convicted of such illegal practice; and
(6.) If the report is that a candidate at such election has been guilty

by his agents of any illegal practice in reference to such elec-
tion, 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.

12. Whereas by the Election Commissioners Act, 1852, as amended Extension of by the Parliamentary Elections Act, 1868, it is enacted that where a

c. 57, respecting

15 & 16 Vict.

election commissioners to illegal practices. 15 & 16 Vict. c. 57. 31 & 32 Vict. c. 67.

joint address of both Houses of Parliament represents to Her Majesty that an election court has reported to the Speaker that corrupt practices have, or that there is reason to believe that corrupt practices have extensively prevailed at an election in any county or borough, and prays Her Majesty to cause inquiry under that Act to be made by persons named in such address (being qualified as therein mentioned), it shall be lawful for Her Majesty to appoint the said persons to be election commissioners for the purpose of making inquiry into the existence of such corrupt practices :

And whereas it is expedient to extend the said enactments to the case of illegal practices :

Be it therefore enacted as follows :

When election commissioners have been appointed in pursuance of the Election Commissioners Act, 1852, and the enactments amending the same, they may make inquiries and act and report as if “ corrupt practices” in the said Act and the enactments amending the same included illegal practices; and the Election Commissioners Act, 1852, shall be construed with such modifications as are necessary for giving effect to this section, and the expression “corrupt practice” in that Act shall have the same meaning as in this Act.

15 & 16 Vict. c. 57.

Providing of money for illegal practice or payment to be illegal payment.

Illegal Payment, Employment, and Hiring. 13. Where a person knowingly provides money for any payment which is contrary to the provisions of this Act, or for any expenses incurred in excess of any maximum amount allowed by this Act, or for replacing any money expended in any such payment or expenses, except where the same may have been previously allowed in pursuance of this Act to be an exception, such person shall be guilty of illegal payment.

Employment of 14. (1.) A person shall not let, lend, or employ for the purpose of the hackney carriages, or of

conveyance of electors to or from the poll, any public stage or hackney carriages and carriage, or any horse or other animal kept or used for drawing the horses kept for same, or any carriage, horse, or other animal which he keeps or uses hire.

for the purpose of letting out for hire, and if he lets, lends, or employs such carriage, horse, or other animal, knowing that it is intended to be used for the purpose of the conveyance of electors to or from the poll, he shall be guilty of an illegal hiring.

(2.) A person shall not hire, borrow, or use for the purpose of the -conveyance of electors to or from the poll any carriage, horse, or other animal which he knows the owner thereof is prohibited by this section to let, lend, or employ for that purpose, and if he does so he shall be guilty of an illegal hiring.

(3.) Nothing in this Act shall prevent a carriage, horse, or other animal being let to or hired, employed, or used by an elector, or several electors at their joint cost, for the purpose of being conveyed to or from the poll.

(4.) No person shall be liable to pay any duty or to take out a license for any carriage by reason only of such carriage being used without payment or promise of payment for the conveyance of electors to or from the poll at an election.

Corrupt with

15. Any person who corruptly induces or procures any other person

to withdraw from being a candidate at an election, in consideration of drawal from a

candidature. any payment or promise of payment, shall be guilty of illegal payment, and any person withdrawing, in pursuance of such inducement or procurement, shall also be guilty of illegal payment.

16. (1.) No payment or contract for payment shall, for the purpose Certain exof promoting or procuriug the election of a candidate at any election, Renditure to be be made on account of bands of music, torches, flags, banners, cockades, ribbons, or other marks of distinction.

(2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is made in contravention of this section, either before, during, or after an election, the person making such payment shall be guilty of illegal payment, and any person being a party to any such contract or receiving such payment shall also be guilty of illegal payment if he knew that the same was made contrary to law.

17. (1.) No person shall, for the purpose of promoting or procuring Certain employthe election of a candidate at any election, be engaged or employed ment to be for payment or promise of payment for any purpose or in any capacity whatever, except for any purposes or capacities mentioned in the first or second parts of the First Schedule to this Act, or except so far as payment is authorised by the first or second parts of the First Schedule to this Act.

(2.) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person engaging or employing him shall be guilty of illegal employment, and the person so engaged or employed shall also be guilty of illegal employment if he knew that he was engaged or employed contrary to law.

18. Every bill, placard, or poster having reference to an election Name and shall bear upon the face thereof the name and address of the printer address of and publisher thereof; and any person printing, publishing, or posting, placards. or causing to be printed, published, or posted, any such bill, placard, or poster as aforesaid, which fails to bear upon the face thereof the name and address of the printer and publisher, shall

, if he is the candidate, or the election agent of the candidate, be guilty of an illegal practice, and if he is not the candidate, or the election agent of a candidate, shall be liable on summary conviction to a fine not exceeding one hundred pounds.

19. The provisions of this Act prohibiting certain payments and Saving for contracts for payments, and the payment of any sum, and the incur- creditors. ring of any expense in excess of a certain maximum, shall not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of the same being in contravention of this Act.

20. (a.) Any premises on which the sale by wholesale or retail of Use of comany intoxicating liquor is authorised by a licence (whether the licence mittee room be for consumption on or off the premises), or

for sale of

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