UNIVERSITY OF CALIFORNIA AT LOS ANGELES 3ll.. ^ />^/J%5 THE Corrupt Practices Prevention Act 1883 (46 & 47 Vict. c. SI) WITH AN APPENDIX OF STATUTES AND RULES AFFECTING t .. - '■ •TJ7£ SAA/E, AND GENERAL INDEX. .V- BY SIR WILLIAM WHEELHOUSE, ONE OF HER MAJESTY'S COUNSEL {And formerly Member of Parliament for Leeds). ^econtr Crtritioit* EEEVES & TURNER, 100, CHANCERY LANE, ICato IBoofesfllcrs antr ^ufilisljcrs. 1885 \^ I > IDS3 ( iii ) CONTENTS. PAGE IXTRODUCXIOX V Analysis . . vii Summary of Penalties under the Act of 1883 . . viii The Act (Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict. c. 51), with Notes and Cases THEREON 1 to 104 APPENDIX. The following Statutes relating to Parliamentary Elections, their Titles and the Forms contained IN them : — 1. Eepresentation of the People Act, 1867 (30 & 31 Vict. c. 102) 10.-) 2. \ Similar Acts for Scotland and Ireland (31 & 32 Vict. 3. j CO. 48, 49) 133—174 4. The Parliamentary Elections Act, 1808 (31 & 32 Vict. c. 125) 175 5. The Corrupt Practices Prevention Act, 1854 (17 & IS Vict. c. 102) 194 6. The Con-upt Practices Prevention Act, 1863 (26 Vict. c. 29) 208 7. The Parliamentary and Corrupt Practices Act, 1879 (42 & 43 Vict. c. 75) 209 8. The BaUot Act, 1872 (35 & 36 Vict. c. 33) . . . 210 9. The Parliamentarj^ Elections (Eeturning Officers) Act, 1875 (38 & 39 Vict. c. 84) 253 Together with the General Eules made in pursuance of the Eepresentation of the People Act, 1867 (30 & 31 Vict. c. 102) 262 Index 273 212096 ( V ) INTRODUCTION. The Editor of the following Notes has not put tliem together so much with a view of produc- ing what is commonly termed a "Law Book," as for the purpose of giving a ready analysis of the New Statute, intending such analysis, moreover, rather as a Guide-Book to those, whether lawyers or laymen, who will have hereafter to act upon its provisions. The Index has been compiled more especially with this view, and he sincerely trusts that it will be found valuable as an adjunct to the "Work, containing as it does nearly a rescript of the statute itself. The Appendix contains a copy of or a re- ference to all the Statutes affected by the late Act, as well as the General Rules made in pursuance of the Representation of the People Act, 1867 — such sections of either as have been repealed being printed in italics. He has thought it unnecessary to quote more than very few of the "Leading Cases," VI INTRODUCTION. especially as these have been most carefully tabulated in Mr. J. C. Carter's excellent edition of " Rogers on Elections." It is not any part of the Editor's duty to say more in reference to the Statute than to observe that its provisions are in some cases so stringent as to be in considerable danger, he fears, of defeating their proposed object, a consequence which he sincerely hopes may not however arise. W. St. J. W. ( vii ) ANALYSIS. The Act is divided into what may be termed thirteen different parts : — 1 to G. — The first six sections, inclusive, are devoted to Corrupt Practices. 7 to 12. — Tlie next six, inclusive, to Illegal Practices. 13 to 21. — The following nine, inclusive, to Illegal Payment, Emijloyment and Hiring. 22 to 23. — The next two to Excuses (if any can be shown) in reference to Corrupt and Illegal Practices, Payment, Employment and Hii-ing. 24 to 35. — The following twelve, inclusive, to Election Expenses. 3G to 39. — The next four, inclusive, to Disqualification of Electors. 40 to 44. — The next five to Proceedings on Election Petitions. 45 to 49. — The following five to " Miscellaneous" matters. 50 to 58. — The next nine to Legal Proceedings. 59 to GT.^The following nine to Supplemental Matters, Eepeal of former Statutes, &c., &c. 68, 69. — The two next sections make the Act apply to Scotland and Ireland respectively. 70. — One section as to the Continuance of other Acts, and Schedules. The thirtoonth part consists of the Schedules to this Act. PENALTIES UNDER THE NEW STATUTE, 1883. Personation : or aiding in or committing it. (Sect. G, sub-sects. 2 and ?>.) Corrupt Practice: i.f. bribery, treating or undue influence. (Sect. 6, sub-sect. 1.) Illegal Practice .... (Sect. 10.) Corrupt withdrawal of Par- liamentary Petition. (Sect. 41, sub-sect. 4.) Failure by Election Agent to make return of expenses on the order of High Court. (Sect. 34, sub-sect. 2.) Illegal Payment, Hu-ing, or Employment. (Sect. 21, sub-sect. 1.) Member sitting or voting* after the time has expired for return of expenses, &c., if such returns have not been made. (Sect. 33, sub-sect. 5.) False Declaration (perjm-y) . . (Sect. 33, sub-sect. 7.) Felony : imprison- ment not exceed- ing 2 years with hard labour. Indictable Misde- meanor : imprison- ment not exceed- ing 1 year, with or without hard la- bour; or fine not exceeding 200?. Fine not exceeding 100/. Indictable Misde- meanor : imprison- ment not exceed- ing 1 year ; or fine not exceeding 200?. Fine not exceeding 500/. Fine not exceeding 100/. Fine of 100/. a-day to any person suing-. Indictable IVIisdemoa- nor : penal ser^-itude not exceeding 7 years, together ivith all the concomitants of a " corrupt practice." Incapable of holding a seat in the House for 7 years, in- capable of being registered as an elector ; or voting at any ( Parliamentary or other public) election for the like lengtli of time ; and incapable to hold any oiHce, public or judicial : If magistrate, barrister, solicitor, or licensed ijer- son, also subject to penal- ties mentioned in sect. 38. The like incapacities. Incapacity of being registered as a voter, and voting at any election in the consti- tuency where illegal prac- tice committed for 5 years. CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1883. (46 & 47 Vict. c. 51.) AERANGEMENT OF SECTIONS. Corrupt Fractices. Sect. 1. What is treating. 2. What is imdue influence. 3. What is corrupt practice. 4. Punishment of candidate found, on election petition, guilty perso)ialhj of corrupt practices. .5. Punishment of candidate found, on election petition, guilty by agents of corrupt practices. 6. Punishment of person convicted on indictment of coiTupt practices. Illegal Fractices. 7. Certain expenditure to be illegal practice. 8. Expense in excess of maximum to be illegal practice. 9. Voting by prohibited persons and publishing of false state- ment of -withdra-wal to be illegal. 10. Punishment on conviction of illegal practice. 11. Report of election court respecting illegal practice, and punishment of candidate found guilty by such report. 12. Extension of 15 & 16 Vict. c. fiT, respecting election com- missioners to illegal practices. Illegal Fayment, Employment, and Hiring. 13. Providing of money for illegal practice or payment to be illegal payment. 14. Employment of hackney carriages, or of carriages and horses kept for hire. 15. Corrupt withdrawal from a candidature. 16. Certain expenditure to be illegal payment. 17. Certain employment to be illegal. 18. Name and address of printer on placards. W. B CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. Sect. 19. Saving for creditors. 20. Use of committee room in house for sale of intoxicating liquor or refreshment, or in elementary school, to be illegal hiring. 21. Punishment of illegal payment, employment, or hiring. Excuse and Exception for Corrupt or Illegal Fractice or Illegal Payment, Employment, or Hiring. 22. Report exonerating candidate in certain cases of corrupt and illegal practice by agents. 23. Power of High Court and election court to except innocent act from being Ulegal practice, &c. Election Expenses. 24. Nomination of election agent. 25. Nomination of deputy election agent as sub-agent. 26. Office of election agent and sub-agent. 27. Making of contracts through election agent. .28. Payment of expenses through election agent. 29. Period for sending in claims and making payments for election expenses. 30. Peference to taxation of claim against candidates. 31. Personal expenses of candidate and petty expenses. 32. Eemuneration of election agent and returning officer's expenses. 33. Return and declaration respecting election expenses. 34. Authorized exciise for non-compliance with provisions as to return and declaration respecting election expenses. 35. Publication of summary of return of election expenses. Disqualijication of Electors. 36. Prohibition of persons guilty of corrupt or illegal practices, &c. from voting. 37. Prohibition of disqualified persons from voting. 38. Hearing of person before he is reported guilty of corrupt or illegal practice, and incapacity of person reported guilty. 39. List in register of voters of persons incapacitated for voting by corrupt or illegal practices. Proceedings on Election Petition. 40. Time for presentation of election petitions alleging illegal practice. 41. Withdi-awal of election petition. ARRANGEMENT OF SECTIONS. Sect. 42. Contmuation of trial of election petition. 43. Attendance of Director of public i^rosecutions on trial of election petition, and prosecution by him of offenders. 44. Power to election court to order payment by county or borough or individual of costs of election petition. Miscellaneous. 45. Inquiry by Director of public prosecutions into alleged corrupt or illegal practices. 46. Removal of incapacity on proof that it was procured by perjury. 47. .i\jnendment of law as to polling districts and polling places. 48. Conveyance of voters by sea in certain cases. 49. Election commissioners not to inquire into elections before the passing of this Act. Zct/al Frocccdings. 50. Trial in Central Criminal Court of indictment for corrupt practice at instance of Attorney- General. 51. Limitation of time for prosecution of offence. 52. Persons charged with coiTupt practice maybe found guilty of illegal pi-actice. 53. Application of enactments of 17 & 18 Vict. c. 102, and 2G & 27 Vict. c. 29, relating to prosecutions for bribery. 54. Prosecution on summary conviction, and appeal to quarter sessions. 55. Application of Summarj' Jurisdiction and Indictable Of- fences Acts to proceedings before election courts. 56. Exercise of jurisdiction of High Court, and making of rules of court. 57. Director of public prosecutions, and expenses of prosecu- tions. 58. Recovery of costs payable by county or borough or by person. Supplemental Frovisions, Definitions, Savings, and Repeal. 59. Obligation of witness to answer, and certificate of indem- nity. GO. Submission of report of election court or commissioners to Attorney - General. 61. Breach of duty by officer. 62. Publication and serxice of notices. 63. Definition of candidate, and saving for persons nominated without consent. 64. General interpretation of terms. b2 treatins CORRUPT ATSTD ILLEGAL PRACTICES PREVENTION ACT. Sect. 65. Short titles. 66. Repeal of Acts. 67. Commencement of Act. ApjiUcation of Act to Scotland. 68. AppKcation of Act to Scotland. ApjjUcatlon of Act to Ireland . 69. Application of Act to Ireland. Continuance. 70. Continuance. Schedules. 46 & 47 Vict. c. 51. All Act for the better prevention of Corrupt and Illegal Practices at Parliamentary Elections. [25tli August, 1883.] 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 : Corrupt Practices. What is 1, Whereas under section four of the Corrupt Practices Prevention Act, 1854, persons other than candidates at parliamentary elections are not liable to any punishment for treating, and it is expedient to make such persons liable ; be it there- fore enacted in substitution for the said section four as follows : — (1) Any person who corruptly by himself or by any other person, either before, during, or after an election, directly or indirectly gives CORRUPT PRACTICES. or provides, or pays wholly or in part the expense of giving or providing, any meat drink entertainment or provision to or for any person, for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at the election, or on account of such person or any other person having voted or re- frained from voting, or being about to vote or refi-ain from voting at such election, shall be guilty of treating. (2) And every elector who corruptly accepts or takes any such meat drink entertainment or provision shall also be guilty of treating. Mr. Justice Willes, in The LichfcU case (1 O'M. & H. 365 et seq.), said he had doubt as to whether treating-, without any corrupt motive, at an election had ever been held to be an offence at common law ; and even when looked upon as an offence, was only so considered in its abuse, but if clearly done with a view of influencing the election, it was dealt with as a form of bribery. {T/ie Bodmin case, 1 O'M. & H. 124.) The first treating Act is the 7 & 8 Will. 3, c. 4, which enacts that " on the occurrence of any vacancy, if any person, being a candidate, either by himself, or in any other way or means on his behalf, or at his charge, before the election, gives a voter any meat, drink, &c., he shall be guilty of treating," and vacated the seat ipso facto. This matter has been somewhat differently modified by the 5 & 6 Vict. c. 132, s. 22. It would also seem, however, that the operation of the Act of William III. was coniined to the period between the teste of the writ and the election itself [Hibhons v. Crickett, H. & P. 164), though even this was unsettled by the ruling in The Dungarvan case, R. & D. 327. See also Ilnqhcs v. Marshall, 2 C. & J. 118 ; 17 & 18 Vict. 0. 102 ; and 31 i& 32 Vict. c. 125. To avoid all possibility of question it becomes absolutely necessary not to give any refreshment at all to any one con- nected with the election — that is, give it in the way of " hos- pitality." 2. Every person who shall directly or indirectly, what is by himself or by any other person on his behalf, fluence!^' make use of or threaten to make use of any force, violence, or restraint, or inflict or threaten to CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. inflict, by liimself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who shall by abduction, duress, or any fraudulent device or contrivance impede or prevent the free exercise of the franchise of any elector, or shall thereby compel, induce, or prevail upon any elector either to give or to refrain from giving his vote at any election, shall be guilty of undue influence. Although there had been various enactments against undue influence previously, yet it was not until the passing of the 17 & 18 Vict. c. 102, s. 5, that it was specifically defined, and thereby made cognizable as a statutory offence. (See The Bclston case, 68 Jour. H. C. 344 ; The Eeriford case, P. & K. 552 (in the notes) ; The Bishop ofCasheVs case, 16 Jour. H. C. 548 ; The Lichfield case, 1 O'M. & H. 25 ; The Windsor case, 2 O'M. & H. 93 ; The Bewdlexj case, 1 P. R. & D. 69 ; dithcroe, 2 P. R. & D. 34; Neiv Windsor case, 2 P. R. & D. 150; Staford, 1 O'M. & H. 228 ; North Norfolk, 1 O'M. & H. 240. See, too, The Northallerton case (1 O'M. & H. 168), where a threat only was used; Staleijhrtdge, 1 O'M. & H. 72; Galivay, 2 O'M. & H. 200 ; Morpeth, 1 Doug. 147 ; Fontefract, 1 Doug. 227 ; Knares- horongh, 1 Peck, 85 ; Noffolh, 9 Jour. H. C. 631.) See cases as to undue clerical influence, as by denying some of the ser- vices or offices of a church or its priesthood, which its votaries think necessary or essential, The Mayo case, W. & D. 1 ; Long- ford, 2 O'M. & H. 16 ; Galway, 1 O'M. & D. 305. What is corrupt practice. 3. The expression " corrupt practice " as used in this Act means any of the following offences ; namely, treating and undue influence, as 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 commis- sion of the ofl!encc of personation, and every CORRUPT PRACTICES. 7 offence wliicli is a corrupt practice within tlie meaning of this Act shall he a corrupt practice within the meanins; of the Parliamentary Elec- ■'^i & 32 tions Act, 1868. Yict.c.i-o. As to bribery, see the 17 & 18 Vict. c. 102, s. 2, substituted for former statute, 49 Geo. 3, c. 118. [Bodmin, 1 O'M. & H. 124 ; Middlesex, 2 Peck, 31 ; 2nd Clitheroe, 2 P. & D. 279.) As to personation, see 35 & 36 Vict. c. 33, s. 24, whereby any person found guilty of it, by himself or his agents, or counselling, aiding, abetting or procuring it, is disqualified from sitting in that Parliament. But the personation must be /cnoicinff/i/ committed, as well as tvilfttlhj, by the person com- mitting the act, to aft'ect the seat ; and see also the Parliamen- tary Elections Act, 1868 (31 & 32 Vict. c. 125). {Coventry, 1 O'M. & H. 105 ; Gloucester, 2 O'M. & H. 62, and Part III. of Schedule 3 to this Act.) 4. Where upon the trial of an election petition Punish- respecting an election for a county or borough the candidate election court, by the report made to the speaker election"'^ in pursuance of section eleven of the Parliamentary Petition, ^ -^ guilty per- Elections Act, 1868, reports that any corrupt sonaiiyof practice other than treating or undue influence practices. has been proved to have been committed in refer- ^IJ^ ^^p. ence to such election by or mth the hnoicledge and consent of any candidate at such election, or that the offence of treating or undue influence has been 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. If any cori-upt practice, that is, bribciy, personation, and aiding and abetting personation, bo proved against a candidate Punish- ment of candidate found, on election petition, guilty by agents of corrupt practices. CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. personally, lie is thereby rendered incapable for ever sitting for the same constituency, thus considerably increasing the former punishment under 31 & 32 Vict. c. 12.5, s. 43, which limited the incapacity, in the large majority of cases, to seven years next following. 5, Upon tlie trial of an election petition respect- ing an election for a county or borough, in wMcli a charge is made of any corrupt practice having been committed in reference to such election, the election court shall report in writing to the speaker whether any of the candidates at such election has been guilty by his agents of any corrupt practice in reference to such election ; and if the report is that any candidate at such election has been guilty hy Ms 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. If any candidate has been guilty, by his agent, of any corrupt practice, he is incapacitated from sitting for that constituency for the next seven years, and his then election, if he has been chosen, is void. Punish- ment of person convicted on indict- ment of corrupt practices. 6. (1.) A person who commits any corrupt practice other than personation, or aiding, abetting, counselling, or procuring the commission of the offence of personation, shall be guilty of a misde- meanor, and on conviction on indictment shall be liable to be imprisoned, with or without 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 per- CORRUPT PRACTICES. sonation, or of aiding, abetting, counselling, or pro- curing the commission of that offence, shall he guilty of felony, and any person convicted thereof on in- dictment shall be j^unished 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 anij election in the United Kingdom, whether it be a parliamentary election or an election for any public office within the meaning of this Act ; or (b) of holding any public or judicial office within 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. The summary of penalties under this section (6) are — ■ 1. For any offence, save personation, indictable for misde- meanor, liable to imprisonment with or without hard labour for a year, and to a tine of 100/., tog-ether with the further disqualification of not being capable of being registered or of holding any judicial office for seven years, and should he have been elected his seat shall, ipso facto, be vacated. 2. For personation, or coimsclling, aiding or abetting it, CORRUPT AND ILLEGAL TRACTICES PREVENTION ACT. indictable for felony, imprisonment with or without hard labour for two years, and with hko additional penalties as above. See the cases of Coventry (1 O'M. & H. 105) and Gloucester (2 O'M. & H. 62). Illegal Practices. Certainex- 7. (!•) No payment or contract for payment penditure n n n ji n i- to be iiie- sliall, lor the purpose o± promoting or procurmg fee^^^^' 't^o 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, or on account of the exhibition of any address, bill, or notice ; or (c) 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 al- lowed in pursuance of this Act, if any payment or contract for payment is knowingly made in con- travention 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 also be guilty of an illegal practice. (3.) Provided that where it is the ordinary business of an elector as an advertising agent to ILLEGAL PRACTICES. 11 exhibit for papnent 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 meaning of this section. An alteration of deep importance is made by this section. Pre- viouslyin county elections, and in one ortwo very wide -spreading boroughs (Aylesbury, Shoreham, Cricklade and Much Wenlock) , the cost of conveyance to the poll was considered a legal charge, and might be defrayed by the candidate for such constituency. The conveyance of voters to the poll in boroughs by liired vehicles, though formerly allowable, was abolished, except in the instances above named, some time previously. It will be noted, under this Act (see sects. 13 and 14, post, and especially the two provisoes marked as sub-sects. 3 and 4 of sect. 14), this third sub-section still leaves it perfectly legal for any carriage, horse or other animal to be hired, emjoloj^ed or vised by an elector, or several electors, at their joint cost, for the piu"- pose of being themselves conveyed to or from the poll ; in other words, the electors may use, hire and pay for conveyances for themselves. (See and read carefully sects. 13 and 11, ^^06^.) 8. (1.) Subject to such exception as may be Expense in allowed in pursuance of this Act, no sum shall be maximum paid and no expense shall be incurred by a candi- |e„.aim"ac- date at an election or his election agent, whether *i*^®- 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 know- ingly acts in contravention of this section shall be guilty of an illegal practice. This is the fii'st time when any "maximum" has been fixed. 9. (1.) If any person votes or induces or pro- Voting by , , , 1 J • 1 • prohibited cures any person to vote at any election, knowing persons CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. that he or such person is prohibited, whether by this or any other Act from voting at such election, he shall be guilty of an illegal practice. (2.) Any person who before or during an election knowingly publishes a false statement of the with- drawal of a candidate at such election for the pur- pose 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. The strength of this provision is modified by the proviso that the act complained of must be done by the election agent. Punish- ment on conviction of illegal practice. 10. A person guilty of an illegal practice, whether under the foregoing sections or under the provisions hereinafter contained in this Act, shall on summary conviction be liable to a fine not exceeding one hundred 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 parlia- mentary 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. It -will be noted that, while the offences named in sect. 6 (corrupt practices) are respectively made misdemeanors and felonies — here, for the punishment of illegal practices the proceedings are summary — penalty, a fine not exceeding 100^., and the offender is not allowed to be registered as an elector for five years within the particular constituency. ILLEGAL PRACTICES. 13 11. Wliereas by sub-section fourteen of section Eeport of clcctioD. eleven of the Parliamentary Elections Act, 1868, court re- it is provided that where a charge is made in an ]e^aiinl,c-' election petition of any corrupt practice having tice, and been committed at the election to which the peti- ment of tion refers, the judge shall report in writing to the found Speaker as follows : — fuch re-^ (a) " Whether any corrupt practice has or has not p°^*- been proved to have been committed by or Yict.cri25. with the knowledge and consent of any candidate at such election, and the nature of such coiTupt practice ; (b) " 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 foiu-teen of section eleven of the Parliamentary Elections Act, 1868, shall apply as 31 & 32 if that sub-section were herein re-enacted with the ^' *"^' 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 wi-iting to the sj)eaker the particulars required by the said sub-section as herein re- enacted, and shall also report whether any candi- date at such election has been guilty by his agents 14 CORRUPT AIS'D ILLEGAL PRACTICES PREVENTION ACT. of any illegal practice within the meaning of this Act in reference to such election, and the follow- ing 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 (b) If the report is that a candidate at such elec- tion 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 elec- tion was held, and if he has been elected, his election shall be void. This enlarges the scope of the 31 Sc 32 Vict. c. 125 ; extend- ing' ' ' illegal practice ' ' and including it, as well as the ' ' corrupt practice ' ' of that statute, and ruay be summarised as follows: — 1. If "illegal practice" be proved to have taken place by the knowledge and with the consent of the candidate him- self, he is disquahfied (so far as that constituency is concerned) from a seat for it in the House of Commons for the next seven years, and, if ekcted, his election will be void, with the additional penalties named in a former section ; and 2. If the "illegal practice" was brought home to liis agent, the election shall be void. ILLEGAL PRACTICES. 15 12. Wheroas by the Election Commissioners Extension Act, 1852, as amended by the Parliamentary vict. c 57, Elections Act, 1868, it is enacted that where a election"^ I'oint address of both Houses of Parliament commis- J sioners to represents to her Majesty that an election court illegal has reported to the Speaker that corrupt practices 15 & iq have, or that there is reason to believe that corrupt "^ict- c. 57. practices have, extensively prevailed at an election Yict.cri25. 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 ap- pointed in pursuance of the Election Commis- 1^. &ic_ sioners 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 modifica- tions 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. Illegal Payment, Employment, and Hiring. 13. Where a person knowingly provides money Troviding „ i 1 • 1 • J 1 l^ of money lor any payment which is contrary to tne pro- for illegal 16 CORRUi'T AND ILLEGAL PRACTICES PREVENTION ACT. practice or visions of this Act, or for any expenses incurred in be uTegai ° excess of any maximum amount allowed by this payment, j^^,^^ ^^ |qp 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. Employ- 14. (1.) A person shall not let, lend, or employ hackney for the purposc of the conveyance of electors to or or^oriir- ^0^^ the poll, any public stage or hackney car- riages and I'iao'e, or any horse or other animal kept or used horses kept o ' ^ ./ i. jfor hire. for drawing the same, or any carriage, horse, or other animal which he keeps or uses for the pur- pose 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 huing, (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 pm'pose, 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, em- ployed, or used by an elector, or several electors at their joint cost, for the pm'pose of being con- veyed to or from the poll. ^ In other words, the candidate or his agent may not hire — the elector may do so however at his own cost, or the joint cost of himself and other electors. (See sect. 7, ante.) ILLEGAL PAYMENT, EMPLOYMENT, AND HIRING. 17 (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 elec- tors to or from the poll at an election. It must bo borne in mind that this section applies only to the hire of any puhlic stage or hackney carriage, or for the use of any horse or other animal kept or used for hire. In reference to sects. 13 and 14, see sect. 7 and the notes thereto. Payment for cab or coach hire, or for fares by inland steamer or railway, would be clearly an " illegal payment" under this section. Still, however, conveyance by sea is permissible under certain circumstances (see sect. 48.) 15. Any person who corruptly induces or pro- Corrupt cures any other person to withdi-aw from being a Xrawai candidate at an election, in consideration of any ^^T^^^e^" 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 Certain ex- shall, tor the purpose oi promoting or procuring to be illegal the election of a candidate at any election, be ^^^ ^^^ ' made on account of bands of music, torches, flags, banners, cockades, ribbons, or other marks of dis- tinction. Notwithstanding the words ' ' for the purpose of promoting or procuring the election of a candidate at any election," it is absolutely necessary henceforward to consider that bands, ban- ners, flags, cockades, ribbons or torches, along with any " other mark of distinction," are not allowable, though possibly it would be somewhat difficult to define what would be considered by a judge " anv other mark of distinction.*' (See Eichanhon v. IFebster, 3 C. k, P. 128.) W. C 18 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. (2.) Subject to such exception as may "be allowed in pursuance of this Act, if any payment or con- tract 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. Considerable difficulty must arise from the insertion into this section of the last few words, " f. c. if he knew that the same was made contrary to law.'''' Certain \*J (J,) ]S[o pcrsou shall, for the purpose of meut to be promoting or procuring the election of a candidate at any election, be engaged or employed for pay- ment 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 authorized by the first or second parts of the First Schedule to this Act. This section does away entirely with paid canvassers, runners, " ct id genus omne.'" See, however, for necessary exceptions, sched. 1, pts. 1 and 2. (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 employ- ILLEGAL PAYMENT, EMPLOYMENT, AND HIRING. 19 ment if he knew that he was engaged or employed contraiy to law. Here, again, considerable difBculty must arise by the last few words making the employment illegal in the recipient, ' ' if he knew that he was engaged or employed contrary to lav.'''' 18. Every bill, placard, or poster having refer- Name and ence to an election shall bear upon the face thereof printer ou the name and address of the printer and publisher P^''^'^^^''^''- thereof ; and any person printing, publishing, or posting, or causing to be printed, published, or posted, any such bill, placard, or poster as afore- said, 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 cer- Saving for tain payments and contracts for payments, and '^^^ ^ °'^^" the payment of any sum, and the incurring 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 Use of 1 -1 1 J. -1 !> • J. • i' T • committee wholesale or retail oi any intoxicating liquor is room in c2 / 20 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. house for authorized by a licence (wlietlier the licence be for sale of in- , . ^ , . . toxicating consumption on or on the premises), or refresh-^ (b.) Any premises where any intoxicating liquor ment, or in jg gQ]^(j gr is Supplied to members of a club, society, elementary . . . , school, to or association other than a permanent political be illegal , , hiring. CiUD, Or (c.) Any premises whereon refreshment of any kind, whether food or drink, is ordinarily sold for consumption on the premises, or (d.) The premises of any public elementary school in receipt of an annual parliamentary grant, or any part of any such premises, shall not be used as a committee room for the purpose of promoting or procuring the election of a candidate at an election, and if any person hires or uses any such premises or any part thereof for a committee room he shall be guilty of illegal hiring, and the person letting such premises or part, if he knew it was intended to use the same as a committee room, shall also be guilty of illegal hiring : Provided that nothing in this section shall apply to any part of such premises which is ordinarily let for the purpose of chambers or offices or the holding of public meetings or of arbitrations, if such part has a separate entrance and no direct communication with any part of the premises on which any intoxicating liquor or refreshment is sold or supplied as aforesaid. This enactment entirely abolishes the previously existing right of holding a committee room at a public house — why an elementary school should have been involved in the same pro- hibitive enactment is not so clear — and, moreover, this section declares that both the person or party hiring, and the person or party letting, shall be equally guilty of "illegal hiring," attended "with all its peual consequences. ILLEGAL PAYMENT, ElirLOYMENT, AND HIRING. 21 The proviso is, perhaps, in the few cases to which it will be found applicable, a slight modification of the stxingency of the main part of the clause itself. 21. (I.) A person guilty of an offence of illegal Tunish- payment, employment or hiring shall, on summary inegai conviction, he liahle to a fine not exceeding one empkfy^-*' hundred pounds. "lept- or . . hirmg. (2.) A candidate or an election agent of a can- didate who is personally guilty of an offence of illegal payment, employment, or hiring shall be guilty of an illegal practice. Excuse and Exception for Corrupt or Illegal Practice or Illegal Payment, Employment, or Hiring. 22. Where, upon the trial of an election peti- Report tion respecting an election for a county or borough, ing candi'- the election court report that a candidate at such cCT^ain election has been guilty by his agents of the cases of offence of treating and undue influence, and illegal and illegal , • n J 1 _rt> • p 1 practice by practice, or oi any oi such oitences, m reference to agents. such election, and the election court further report that the candidate has proved to the coiu-t — (a) That no corrupt or illegal practice was com- mitted at such election by the candidate or his election agent, and the offences men- tioned in the said report were committed contrary to the orders and without the sanction or connivance of such candidate or his election agent ; and (b) That such candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal prac- tices at such election ; and 22 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. (c) That the offences mentioned in the said report were of a trivial, unimportant, and limited character; and (d) That in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his agents ; then the election of such candidate shall not, by reason of the offences mentioned in such report, he void, nor shall the candidate be subject to any incapacity under this Act. If the candidate, hij his agents, has been found, on an election inquiry, guilty of treating and undue influence and illegal practice, or any of them, in reference to such election, and the election court reports that the candidate has proved in court — (a) That no corrupt or illegal practice was done with the knowledge and consent of the candidate or his election agent; and (b) That all reasonable means were taken by them to prevent illegal or corrupt practices being committed ; and (c) That the offences were trivial, unimportant, and of limited character ; and (d) That in other respects the election was free from any corrupt or illegal practice by such candidate and his agents ; then the election shall be deemed good. Power of 23. Where, on application made, it is shown to and eiec- the High Court or to an election court by such to°except evidence as seems to the Court sufficient — innocent u) '^\^r^\^ j^nv act or omission of a candidate at any act from \ j J J being clcction, Or of Ms election agent or of any illegal 111 p practice, otJicr agent or person, would, by reason oi being a payment, engagement, employment, or contract in contravention of this Act, or being the payment of a sum or the incur- ring of expense in excess of any maximum amount allowed by this Act, or of otherwise EXCUSE, ETC. FOR CORRUPT PRACTICES, ETC. 23 being in contravention of any of the provi- sions of tliis Act, he but for this section an illegal practice, payment, employment, or hiring; and (b) That such act or omission arose from inad- vertence or from accidental miscalculation, or from some other reasonable cause of a ' like nature, and in any case did not arise from any want of good faith ; and (c) That such notice of the application has been given in the county or borough for which the election was held as to the Court seems fit; and under the circumstances it seems to the Court to be just that the candidate and the said election and other agent and person, or any of them, should not be subject to any of the consequences under this Act of the said act or omission, the Court may make an order allowing such act or omission to be an exception from the provisions of this Act which would otherwise make the same an illegal practice, payment, employment, or hiring, and thereupon such candidate, agent, or person shall not be sub- ject to any of the consequences under this Act of the said act or omission. This seems to bo only fail* and reasonable, though it would have been desirable to use the word "shall" instead of "may," although, perhaps, it is not of much consequence, as the words must necessarily be construed by the Court itself. Ejection Expenses. 24. (1.) On or before the day of nomination at Nomina- . , tion of an election, a person shall be named by or on election behalf of each candidate as his agent for such ^°^^ ' 24 CORRLTT AND ILLEGAL rRACTICES PREVENTION ACT. election (in this Act referred to as the election agent). (2.) A candidate may name himself as election agent, and thereupon shall, so far as circumstances admit, he subject to the provisions of this Act both as a candidate and as an election agent, and any reference in this Act to an election agent shall be construed to refer to the candidate acting in his capacity of election agent. (3.) On or before the day of nomination the name and address of the election agent of each candidate shall be declared in writing by the can- didate or some other person on his behali to the returning officer, and the returning officer shall forthwith give public notice of the name and address of every election agent so declared. (4.) One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate him- self or not, may be revoked, and in the event of such revocation or his death, whether such event is before, during, or after the election, then forthwith another election agent shall be appointed, and his name and address declared in writing to the re- turning officer, who shall forthwith give public notice of the same. One election agent only shall be nominated by each can- didate. This need only be done immediately before the nomination itself, and a candidate may, on his own nomination, undertake the onerous duty of being his ovm election agent, subject, however, to all the liabilities and responsibilities that would attach to any other person, had such other person been de- signated to fidfil the office. It is requisite to send in the name and address in writing to the returning officer of the election agent. ELECTION EXPENSES. 25 And that the returning officer should give public notice of such name and address. This nomination may be revoked, and another election agent appointed at anj- time during the election, and if such new agent bo elected, public notice to be given in the same form. 25. (1.) In the case of the elections specified in Ifomina- that behalf in the First Schedule to this Act an puty eiec election agent of a candidate may appoint the as°^ub?^'^ number of deputies therein mentioned (which ^sent. deputies are in this Act referred to as sub-agents), to act within different polling districts. (2.) As regards matters in a polling district the election agent may act by the sub-agent for that district, and anything done for the purposes of this Act by or to the sub-agent in his district shall be deemed to be done by or to the election agent, and any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Act, shall be an illegal practice and offence against this Act committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly ; and the candidate shall suffer the like incapacity as if the said act or default had been the act or default of the election agent. The last words of this sub-section may, and in all probability will, in many cases work considerable hardship upon the can- didate, or even upon the election agent himself. Suppose a county election : agent duly appointed, determined to exercise the most watchful possible supervision, and to be equally de- termined that no wrongful practice shall bo tolerated for a moment, yet because, either from want of knowledge, or even from an over-zealous feeling, the *(^/^-agent jierforms some slight act of legal ■\\Tong — wholly indefensible, it may be — the candidate is to be held responsible, and the seat vacated, al- though the candidate may have known nothing whatever of the matter. 26 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. (3.) One clear day before tlie polling the elec- tion agent shall declare in writing the name and address of every sub-agent to the returning officer, and the retui'ning officer shall forthwith give public notice of the name and address of every sub-agent so declared. (4.) The appointment of a sub-agent shall not be vacated by the election agent who appointed him ceasing to be election agent, but may be revoked by the election agent for the time being of the candidate, and in the event of such revoca- tion or of the death of a sub-agent another sub- agent may be appointed, and his name and address shall be forthwith declared in writing to the re- turning officer, who shall forthwith give public notice of the same. Office of 26. (1.) An election agent at an election for a agent and couuty or borough shall have within the county or su -agen . -j^Qj-ougli^ or within any county of a city or town adjoining thereto, and a sub-agent shall have within his district, or within any county of a city or town adjoining thereto, an office or place to which all claims, notices, writs, summons, and documents may be sent, and the address of such office or place shall be declared at the same time as the appointment of the said agent to the return- ing officer, and shall be stated in the public notice of the name of the agent. (2.) Any claim, notice, writ, summons, or docu- ment delivered at such office or place and addressed to the election agent or sub-agent, as the case may be, shall be deemed to have been served on him. ELECTION EXPENSES. 27 and every such agent may in respect of any matter connected with the election in which he is acting be sued in any court having jurisdiction in the county or borough in which the said office or place is situate. 27. (1.) The election agent of a candidate by Making of himself or by his sub-agent shall appoint every through polling agent, clerk, and messenger employed for agent?'^ payment on behalf of the candidate at an election, ' and hire every committee room hired on behalf of the candidate. (2.) A contract whereby any expenses are in- curred on account of or in respect of the conduct ■ or management of an election shall not be enforce- able against a candidate at such election unless made by the candidate himself or by his election agent, either by himself or by his sub- agent ; provided that the inability under this section to enforce such contract against the candidate shall not relieve the candidate from the consequences of any corrupt or illegal practice having been com- mitted by his agent. The early part of this section plaoes, and very rightly places, alike the sole power and responsibility in the hands of the election agent ; but the proviso may, in unscrupulous hands, work very great hardship on the candidate. 28. (1.) Except as permitted by or in pursuance Payment of this Act, no payment and no advance or deposit thrmigh shall be made by a candidate at an election or by any agent on behalf of the candidate or by any other person at any time, whether before, dming. election agent. CORRUPT AND ILLEGAL TRACTICES rREVENTlON ACT. or after sucli election, in respect of any expenses incurred on account of or in respect of the conduct or management of sucli election, otherwise than by or tlirough the election agent of the candidate, whether acting in person or by a sub-agent ; and all money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance, or deposit, shall be paid to the candidate or his election agent and not otherwise ; Provided that this section shall not be deemed to apply to a tender of security to or any payment by the returning officer or to any sum disbursed by any person out of his own money for any small expense legally incurred by himself, if such sum is not repaid to him. (2.) A person who makes any payment, advance, or deposit in contravention of this section, or pays in contravention of this section any money so provided as aforesaid, shall be guilty of an illegal practice. 29. (1.) Every payment made by an election agent, whether by himself or a sub-agent, in respect of any expenses incurred on account of or in respect of the conduct or management of an election, shall, except where less than forty shillings, be vouched for by a bill stating the particulars and by a receipt. (2.) Every claim against a candidate at an election or his election agent in respect of any ex- penses incurred on account of or in respect of the ELECTION EXPENSES. 29 conduct or manag-ement of such election which is not sent in to the election agent within the time limited by this Act shall be barred and shall not be paid ; and, subject to such exception as may be allowed in pursuance of this Act, an election agent who paj's a claim in contravention of this enact- ment shall be guilty of an illegal practice. It must be noticed that the language of this section is peromptorj- and absohite, ' ' shall be barred, and shall not be paid," on penalty of an " illegal practice," so far as is appli- cable to an election agent. The time limited for '■^sending in the bill" is only fourteen days ; and by svib-sects. 4 and 5 the time hmited for payment is only twenty -eight days from the day of the declaration (see next section) . (3.) Except as by this Act permitted, the time limited by this Act for sending in claims shall be fourteen days after the day on which the candidates returned are declared elected. (4.) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or manage- ment of such election, shall be paid within the time Kmited by this Act and not otherwise ; and, subject to such exception as may be allowed in pursuance of this Act, an election agent who makes a payment in contravention of this pro- vision shall be guilty of an illegal practice. (5.) Except as by this Act permitted, the time limited by this Act for the payment of such ex- penses as aforesaid shall be twenty-eight days after the day on which the candidates returned are declared elected. (6.) AVhero the election court reports that it has been proved to such court by a candidate that any 30 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. payment made by an election agent in contra- vention of this section was made without the sanction or connivance of such candidate, the election of such candidate shall not he void, nor shall he he subject to any incapacity under this Act by reason only of such payment having been made in contravention of this section. (7.) If the election agent in the case of any claim sent in to him within the time limited by this Act disj)utes it, or refuses or fails to pay it within the said period of twenty-eight days, such claim shall be deemed to be a disputed claim. See the note on the last preceding section. The words " or fails to paij if'' will be very difficult to con- strue in many cases, and will probably require judicial ruling for its settlement in nearly every case. (8.) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court ; and any sum paid by the candidate or his agent in pursuance of the judgment or order of such court shall be deemed to be paid within the time limited by this Act, and to be an exception from the provisions of this Act, requiring claims to be paid by the election agent. (9.) On cause shown to the satisfaction of the High Court, such Court on application by the claimant or by the candidate or his election agent may by order give leave for the payment by a candidate or his election agent of a disputed claim, or of a claim for any such expenses as aforesaid, although sent in after the time in this section mentioned for sending in claims, or although the same was sent in to the candidate and not to the election ag-ent. ELECTION EXPENSES. 31 (10.) Any sum specified in the order of leave may be paid by the candidate or his election agent, and when paid in pursuance of such leave shall be deemed to be paid within the time limited by this Act. 30. If any action is brought in any competent Reference , , Till- • L T-to taxatiou court to recover a disputed claim against a candi- of claim date at an election, or his election agent, in respect ^fuJi- j^tes of any expenses incurred on account or in respect of the conduct or management of sucli election, and the defendant admits his liability, but disputes the amount of the claim, the said amount shall, unless the court, on the application of the plaintiff in the action, otherwise directs, be forthwith referred for taxation to the master, official referee, registrar, or other proper officer of the court, and the amount found due on such taxation shall be the amount to be recovered in such action in respect of such claim. 31. (1.) The candidate at an election may pay Personal 1 • 111* i. expenses of any personal expenses incurred l)y him on account candidate, of or in connection with or incidental to such and petty expenses. election to an amount not exceeding one hundred pounds, but any further personal expenses so incurred by him shall be paid by his election agent. The personal expenses ought never to exceed the 100/. here mentioned ; and, properly manag-ed, it is difficult to imagine that they could ever amount to so much in a borough, but still it may bo found an inconveniently small limit in some of the 32 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. larger northern county constitviencies, where travelling con- tinued for a somewhat lengthened time and over a large district may be absolutely requisite. (2.) The candidate shall send to the election agent within the time lunited by this Act for sending in claims a written statement of the amount of personal expenses paid as aforesaid by such candidate. \ It will be advisable in practice to consider that this clause is confined to the expense incm-red for the candidate's own travel- ling and charges for living, "postage," "stationery" and "telegrams" sent out by himself, though what the words "and other petty expenses " iiiai/ include, it will be somewhat ' difficult to interpret. (3.) Any person may, if so authorized in writing by the election agent of the candidate, pay any necessary expenses for stationery, postage, tele- I grams, and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent. Very great care will be necessary in the exercise of the power given by this sub -section. (4.) A statement of the particulars of payments / made by any person so authorized shall be sent to the election agent within the time limited by this Act for the sending in of claims, and shall be vouched for by a bill containing the receipt of that person. Eemune- 32. (1.) So far as circumstances admit, this election Act shall apply to a claim for his remuneration ELECTION EXPENSES. 33 by an election agent and to the payment thereof agent and in like manner as if he were any other creditor, officer's and if any difference arises respecting the amount "^^P^^^*^^- of such claim the claim shall be a disputed claim within the meaning of this Act, and be dealt with accordingly. (2.) The account of the charges claimed by the returning officer in the case of a candidate and transmitted in pursuance of section four of the Parliamentary Elections (Eeturning Officers) Act, 38 & 39 1875, shall be transmitted within the time specified in the said section to the election agent of the candidate, and need not be transmitted to the candidate. This makei? a slight change in the course laid down by the Act of 1875 (38 & 39 Vict. c. 84). 33. (1.) AVithin thirty-five days after the day Eetumand on which the candidates returned at an election res^pecting^ are declared elected, the election ag^ent of every election ex- ' ^ D ^ J penses. candidate at that election shall transmit to the returning officer a true return (in this Act referred to as a return respecting election expenses), in the form set forth in the Second Schedule to this Act or to the like effect, containing, as respects that candidate, — (a) A statement of all payments made by the election agent, together with all the bills and receipts (which bills and receipts are in this Act included in the expression " return respecting election expenses ") ; (b) A statement of the amount of personal expenses, if any, paid by the candidate ; \V. D 34 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. (e) A statement of the sums paid to the returning officer for his charges, or, if the amount is j in dispute, of the sum claimed and the I amount disputed ; ; (d) A statement of all other disputed claims of which the election agent is aware ; , (e) A statement of all the unpaid claims, if any, I of which the election agent is aware, in respect of which application has been or is I about to he made to the High Court ; j (f) A statement of all money, securities, and equivalent of money received by the elec- tion agent from the candidate or any other person for the purpose of expenses incurred or to be incurred on account of or in respect of the conduct or management of the elec- tion, with a statement of the name of every person from whom the same may have been received. A statement, together ■with "all bills and receipts," which latter words imply the originals — not copies — in such case, and it would therefore be desirable, for mere safety's sake, that every bill and every receipt should be made and signed in "duplicate original," i.e. that two copies should be made, one to be transmitted as the Act directs, the other to be kept by the candidate or his election agent. At all events, a very strict and accurate copy of every item, and indeed of every penny spent by the candidate, the election agent, and the sub- agents must be kept, either by the candidate or the election agent. This, it will be seen, miist be transmitted to the returning officer within thirty-five days of the declaration of the election by him. (2.) The return so transmitted to the returning officer shall be accompanied by a declaration made by the election agent before a justice of the peace in the form in the Second Schedule to this Act (which declaration is in this Act referred to as a declaration respecting election expenses). ELECTION EXPENSES. 35 (3.) Wliere the candidate has named himself as his election agent, a statement of all money, secu- rities, and equivalent of money paid by the candi- date shall be substituted in the return required by this section to be transmitted by the election agent for the like statement of money, securities, and equivalent of money received by the election agent from the candidate; and the declaration by an election agent respecting election expenses need not be made, and the declaration by the candidate respecting election expenses shall be modified as specified in the Second Schedule to this Act. Note the distinction enacted between the candidate, when acting as his own election agent, and when some other person acts in such capacity. If advice may be tendered on such a subject, the Editor would express the most serious doubt as to whether it ever can be ad- visable for the candidate to nominate himself as his o^vn agent. (4.) At the same time that the agent transmits the said return, or within seven days afterwards, the candidate shall transmit or cause to be trans- mitted to the returning officer a declaration made by him before a justice of the peace, in the form in the first part of the Second Schedule to this Act (which declaration is in this Act referred to as a declaration respecting election expenses). This must bo done within seven days of the transmission mentioned in the previous part of this section. (5.) If in the case of an election for any county or borough, the said return and declarations are not transmitted before the expiration of the time limited for the purpose, the candidate shall not, after the expiration of such time, sit or vote in the House of Commons as member for that county or borough until either such return and declarations d2 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. have been transmitted, or until the date of the allowance of such an authorized excuse for the failure to transmit the same, as in this Act men- tioned, and if he sits or votes in contravention of this enactment he shall forfeit one hundred pounds for every day on which he so sits or votes to any person who sues for the same. Until transmitted, the new member must not sit and vote under a penalty of 100/. (6.) If without such authorized excuse as in this Act mentioned, a candidate or an election agent fails to comply with the requirements of this sec- tion he shall be guilty of an illegal practice. (7.) If any candidate or election agent know- ingly makes the declaration required by this sec- tion falsely, he shall be guilty of an offence, and on conviction thereof on indictment shall be liable to the punishment for wilful and corrupt perjury ; such offence shall also be deemed to be a corrupt practice within the meaning of this Act. (8.) Where the candidate is out of the United Kingdom at the time when the return is so trans- mitted to the returning officer, the declaration required by this section may be made by him within fourteen days after his return to the United Kingdom, and in that case shall be forthwith transmitted to the returning officer, but the delay hereby authorized in making such declaration shall not exonerate the election agent from com- plying with the provisions of this Act as to the return and declaration respecting election expenses. What is meant by " forthwith" may become the subject of litigation, if not done, that is, immediately on return to this country. ELECTION EXPENSES. 87 (9.) Where, after the date at which the return respecting election expenses is transmitted, leave is given by the High Court for any claims to be paid, the candidate or his election agent shall, within seven days after the payment thereof, transmit to the returning officer a retm-n of the sums paid in pui'suance of such leave accompanied by a copy of the order of the court giving the leave, and in default he shall be deemed to have failed to comply with the requirements of this section without such authorized excuse as in this Act mentioned. Here again the limit is the \'ery short oue of seven days. 34. (1.) Where the return and declarations Authorized 6XCUSG foi' respecting election expenses of a candidate at an non-com- election for a county or borough have not been ^vX pro- transmitted as required by this Act, or being t^^j-g^^j.^^ transmitted contain some error or false statement, and decia- , ration re- then — specting (a) if the candidate applies to the High Court or expenses. an election court and shows that the failure to transmit such retm'n and declarations, or any of them, or any part thereof, or any error or false statement therein, has arisen by reason of his illness, or of the absence, death, illness, or misconduct of his election agent or sub-agent or of any clerk or officer of such agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant, or (b) if the election agent of the candidate applies to the High Court or an election court and 215(»96 «38 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. shows that the failure to transmit the return and declarations which he was required to transmit, or any part thereof, or any error or false statement therein, arose by reason of his illness or of the death or illness of any prior election agent of the candidate, or of the absence, death, illness, or mis- conduct of any sub-agent, clerk, or officer of an election agent of the candidate, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant, the Court may, after such notice of the application in the said county or borough, and on production of such evidence of the grounds stated in the application, and of the good faith of the applica- tion, and otherwise, as to the Court seems fit, make such order for allowing an authorized excuse for the failure to transmit such return and declaration, or for an error or false statement in such return and declaration, as to the Court seems just. (2.) Where it appears to the Court that any person being or having been election agent or sub- agent has refused or failed to make such return or to supply such particulars as will enable the candi- date and his election agent respectively to comply with the provisions of this Act as to the return and declaration respecting election expenses, the Court before making an order allowing the excuse as in this section mentioned shall order such person to attend before the Court, and on his attendance shall, unless he shows cause to the contrary, order him to make the return and declaration, or to ELECTION EXPENSES. deliver a statement of tlie particulars required to be contained in the retiu'n, as to the Court seem just, and to make or deliver the same within such time and to such person and in such manner as the Com't may direct, or may order him to be exa- mined with respect to such particulars, and may in default of compliance with any such order order him to pay a fine not exceeding five hundred pounds. Penalty not exceeding 500^. on any election agent or sub- agent. (3.) The order may make the allowance con- ditional upon the making of the return and de- claration in a modified form or within an extended time, and upon the compliance with such other terms as to the Court seem best calculated for caiTying into eifect the objects of this Act ; and an order allowing an authorized excuse shall relieve the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order; and where it is proved by the candidate to the Court that any act or omission of the election agent in relation to the return and declaration respecting election expenses was without the sanction or connivance of the candidate, and that the candidate took all reason- able means for preventing such act or omission, the Court shall relieve the candidate from the con- sequences of such act or omission on the part of his election agent. (4.) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Act as the date of the allowance of the excuse. 39 40 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. Publica- tion of summary of return of election expenses. 38 & 39 Vict. c. 84. 35. (1.) The returning officer at an election within ten days after he receives from the election agent of a candidate a return respecting election expenses shall publish a summary of the return in not less than two newspapers circulating in the county or borough for which the election was held, accompanied by a notice of the time and place at which the return and declarations (including the accompanying documents) can be inspected, and may charge the candidate in respect of such publi- cation, and the amount of such charge shall be the sum allowed by the Parliamentary Elections (Ee- turning Officers) Act, 1875. (2.) The retui'n and declarations (including the accompanying documents) sent to the returning officer by an election agent shall be kept at the office of the returning officer, or some convenient place appointed by him, and shall at all reasonable times during two years next after they are re- ceived by the retui'ning officer be open to inspec- tion by any person on payment of a fee of one shilling, and the returning officer shall on demand furnish copies thereof or any part thereof at the price of twopence for every seventy-two words. After the expiration of the said two years the returning officer may cause the said return and declarations, (including the accompanying docu- ments,) to be destroyed, or, if the candidate or his election agent so requii'e, shall return the same to the candidate. 1 . The return must be kept for the next two years by the returning officer. 2. It is to be open to inspection on payment of one shilling as a fee. 3. Copies are to be fiu'nished on demand and ofTer of two- pence for every seveuty-two words ; and DISQUALIFICATION OF ELECTORS. 41 4. At expiration of two years returning officer may destroy the papers, Sec, if not demanded back by the candidate or the election agent. 5. But must return them, if duly applied for by candidate or election agent. Disqualification of Eledofs. 36. Every person guilty of a corrupt or illegal rrohibi- practice, or of illegal employment, payment, or sJms°sunty liii'ing at an election is prohibited from voting at °[, -1°"!^^ ' such election, and if any such person votes his pi-actices, ' . "^ ^ 6cc. from vote shall be void. voting. 37. Every person who, in consequence of con- Prohibition viction or of the report of any election court or fie'iper!!^^" election commissioners under this Act, or under ^°"jj/j°"^ the Corrupt Practices (Municipal Elections) Act, 3.3 &3G 1872, or under Part IV. of the Municipal Corpo- ^^•=*; *^-^''- rations Act, 1882, or under any other Act for the Vict. c.50. time being in force relating to corrupt practices at an election for any public office, has become in- capable of voting at any election, whether a parlia- mentary election or an election to any public office, is prohibited from voting at any such election, and his vote shall be void. 38. (1.) Before a person, not being a party to Hearing of an election petition nor a candidate on behalf of f^eTe is ' whom the seat is claimed by an election petition, !i5,^-i°y ^f is reported by an election court, and before any corrupt or person is reported by election commissioners, to practice, have been guilty, at an election, of any corrupt or pacity of' illegal practice, the court or commissioners, as the j^o^ted ^'^' case may be, shall cause notice to be given to such guilty. person, and if he appears in pursuance of the notice, shall give him an opportunity of being heard by himself and of calling evidence in his defence to show why ho should not be so reported. This provision is vciy reasonable, and applies, as will be seen, 42 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. to the proceedings before both election commissioners and an elec- tion cowt. (2.) Every person reported Toy election com- missioners to have been guilty at an election of any corrupt or illegal practice may appeal against such, report to the next court of oyer and terminer or gaol delivery held in and for the county or place in which the offence is alleged to have been committed, and such court may hear and determine the appeal ; and subject to rules of court such appeal may be brought, heard, and determined in like manner as if the court were a court of quarter sessions and the said commissioners were a court of summary jurisdiction, and the person so re- ported had been convicted by a court of summary jurisdiction for an offence under this Act, and notice of every such appeal shall be given to the Director of Public Prosecutions in the manner and within the time directed by rules of court, and subject to such rules then within three days after the appeal is brought. This gives the right of appeal to anyone found guilty by election commissioners of any corrupt or illeg-al practice, such appeal being to the next general assizes or gaol delivery for the county or place where such offence is alleged to have been committed. It will be noted, however, that this section does not give any appeal from the decision of an election court. (3.) Where it appears to the Lord Chancellor that appeals under this section are interfering or are likely to interfere with the ordinary business transacted before any courts of oyer and terminer or gaol delivery, he may direct that the said ap- peals, or any of them, shall be hoard by the judges DISQUALIFICATION OF ELECTORS. 43 for the time being on the rota for election petitions, and in such case one of such judges shall proceed to the county or place in which the offences are alleged to have been committed, and shall there hear and determine the appeals in like manner as if such judge were a court of oyer and terminer. (4.) The provisions of the Parliamentary Elec- tions Act, 18G8, with respect to the reception and powers of and attendance on an election court, and to the expenses of an election court, and of receiving and accommodating an election court, shall apply as if such judge were an election court. Provides the modus operandi by which such appeal shall be heard aud investigated. (5.) Every person who after the commencement of this Act is reported by any election court or election commissioners to have been guilty of any corrupt or illegal practice at an election, shall, whether he obtained a certificate of indemnity or not, be subject to the same incapacity as he would be subject to if he had at the date of such election been convicted of the offence of which he is re- ported to have been guilty : Provided that a report of any election commissioners inquiring into an election for a county or borough shall not avoid the election of any candidate who has been de- clared by an election coiu't on the trial of a petition respecting such election to have been duly elected at such election or render him incapable of sitting in the House of Commons for the said county or borough dui'ing the Parliament for which he was elected. Note the words "To the same incapacity." 44 CORRUPT A^D ILLEGAL PRACTICES PREVENT! OX ACT. (6.) Where a person who is a justice of the peace is reported by any election court or election commissioners to have been guilty of any corrupt practice in reference to an election, whether he has obtained a certificate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to report the case to the Lord High Chancellor of Great Britain with such evidence as may have been given of such corrupt practice, and where any such person acts as a justice of the peace by virtue of his being, or having been, mayor of a borough, the Lord High Chancellor shall have the same power to remove such person from being a justice of the peace as if he was named in a com- mission of the peace. Special power as to dealing with the case of justices of the peace foviud guilty of corrupt practices. (7.) Where a person who is a barrister or a solicitor, or who belongs to any profession the admission to which is regulated by law, is reported by any election court or election commissioners to have been guilty of any corrupt practice in refer- ence to an election, whetlier such person has ob- tained a certificate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to bring the matter before the inn of court, High Court, or tribunal having power to take cogni- zance of any misconduct of such person in his pro- fession, and such inn of court. High Court, or tribunal may deal with such person in like manner as if such corrupt practice were misconduct by such person in his profession. The like special power as to dealing with the cases of barristers, solicitors, &c. DISQUALIFICATION OF ELECTORS. 45 (8.) With respect to a person holding a license or certificate under the Licensing Acts (in this section referred to as a licensed person) the follow- ing provisions shall have effect : (a) If it appears to the court by which any licensed person is convicted of the offence of bribery or treating that such offence was committed on his licensed premises, the coui't shall direct such conviction to be entered in the proper register of licenses. (b) If it appears to an election court or election commissioners that a licensed person has knowingly suffered any bribery or treating in reference to any election to take place upon his licensed premises, such comi or commissioners (subject to the provisions of this Act as to a person having an oppor- tunity of being heard by himself and pro- ducing evidence before being reported) shall report the same ; and whether such person obtained a certificate of indemnity or not it shall be the duty of the director of public prosecutions to bring such report before the licensing justices from whom or on whose certificate the licensed person ob- tained his license, and such licensing jus- tices shall cause such report to be entered in the proper register of licenses. (c) Where an entry is made in the register of licenses of any such conviction of or rej)ort respecting any licensed person as above in this section mentioned, it shall be taken into consideration by the licensing justices 46 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. in determining whether they will or will not grant to such person the renewal of his license or certificate, and may be a ground, if the justices think fit, for refusing such renewal. The like special powers as to licensed persons generally — (a) If licensed person be convicted of bribery or treating on his own premises, the court is to direct such convic- tion to be entered on proper register. (b) If he have knowingly permitted any bribery or treating to have been done by any other person than himself, the court or commissioners shall report him to the Director of Public Prosecutions, who shall bring the report to the cognizance of the licensing bench, who, in its turn, shall cause it to be registered. And, on being taken into consideration, may form a ground for refusing renewal. (9.) WJiere the evidence showing any corrupt practice to have been committed by a justice of the peace, barrister, solicitor, or other professional person, or any licensed person, was given before election commissioners, those commissioners shall report the case to the Director of Public Prosecu- tions, with such information as is necessary or proper for enabling him to act under this section. (10.) This section shall apply to an election com't under this Act, or under Part IV. of the Municipal Corporations Act, 1882, and the expres- sion election shall be construed accordingly. List in re- gister of voters of persons in- capacitated for voting by corrupt or illegal practices. 39. (1.) The registration ofiicer in every county and borough shall annually make out a list con- taining the names and description of all persons who, though otherwise qualified to vote at a parlia- mentary election for such county or borough re- spectively, are not capable of voting by reason of Vict. c. 50. DISQUALIFICATION OF ELECTORS. 47 having, after the commencement of this Act, been found guilty of a corrupt or illegal practice on conviction, or by the report of any election court or election commissioners, whether under this Act, or under Paii IV. of the Municipal Corpora- 4:, & 4g tions Act, 1882, or under any other Act for the time being in force relating to a parliamentary election or an election to any public office ; and such officer shall state in the list (in this Act re- feiTcd to as the corrupt and illegal practices list), the offence of which each person has been found guilty. (2.) For the purpose of making out such list he shall examine the report of any election court or election commissioners who have respectively tried an election petition or inquired into an elec- tion where the election (whether a parliamentary election or an election to any public office) was held in any of the following places ; that is to say, (a) If he is the registration officer of a county, in that county, or in any borough in that county ; and (b) If he is the registration officer of a borough, in the county in which such borough is situate, or in any borough in that county. New, so far aa the provisions under sub-section 2 (a) and (b) are concomed. (3.) The registration officer shall send the list to the overseers of every parish within his county or borough, together with his precept, and the overseers shall publish the Kst together with the 48 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. list of voters, and shall also, in the case of every person in the corrupt and illegal practices list, omit his name from the list of persons entitled to vote, or, as circumstances require, add " objected " before his name in the list of claimants or copy of the register published by them, in like manner as is required by law in any other eases of dis- qualification. (4.) Any person named in the corrupt and illegal practices list may claim to have his name omitted therefrom, and any person entitled to object to any list of voters for the county or borough may object to the omission of the name of any person from such list. Such claims and objections shall be sent in within the same time and be dealt with in like manner, and any such objection shall be served on the person referred to therein in like manner, as nearly as circumstances admit, as other claims and objections under the enactments relating to the registration of parlia- mentary electors. (5.) The revising barrister shall determine such claims and objections and shall revise such list in like manner as nearly as circumstances admit as in the case of other claims and objections, and of any list of voters. (6.) Where it appears to the revising barrister that a person not named in the corrupt and illegal practices list is subject to have his name inserted in such list, he shall (whether an objection to the omission of such name from the list has or has not DISQUALIFICATION OF ELECTORS. 49 been made, but) after giving such person an oppor- tunity of making a statement to show cause to the contrary, insert his name in such list and expunge his name from any list of voters. (7.) A revising barrister in acting under this section shall determine only whether a person is incapacitated by conviction or by the report of any election court or election commissioners, and shall not determine whether a person has or not been guilty of any corrupt or illegal practice. Mark the restriction contained in this sub-section. (8.) The corrupt and illegal practices list shall be appended to the register of electors, and shall be printed and published therewith wherever the same is printed or published. Sub-sect. 8, new. Proceedings on Election Petition. 40. (1.) Where an election petition questions Time for the return or the election upon an allegation of an tion'nf ' ' illegal practice, then notwithstanding anything in p|ftiti°ns the Parliamentary Elections Act, 1868, such ll^'f^J'S petition, so far as respects such illegal practice, practice. may be presented within the time following; i?J. '^'^^,. (that is to say), (a) At any time before the expiration of fourteen days after the day on which the returning officer receives the return and declarations respecting election expenses by the member to whose election the petition relates and his election agent. (b) If the election petition specifically alleges a payment of money, or some other act to W. E 50 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. have been made or done since the said day by the member or an agent of the member, or with the privity of the member or his election agent in pursuance or in further- ance of the illegal practice alleged in the petition, the petition may be presented at any time within twenty-eight days after the date of such payment or other act. (2.) Any election petition presented within the 31 & 32 ^ time limited by the Parliamentary Elections Act, 1868, may for the purpose of questioning the return or the election upon an allegation of an illegal practice be amended with the leave of the High Coui't v/ithin the time within which a peti- tion questioning the retm'n upon the allegation of that illegal practice can under this section be presented. (3.) This section shall apply in the case of an offence relating to the return and declarations respecting election expenses in like manner as if it were an illegal practice, and also shall apply not- withstanding that the act constituting the alleged illegal practice amounted to a corrupt practice. (4.) For the purposes of this section — (a) Where the return and declarations are re- ceived on different days, the day on which the last of them is received, and (b) Where there is an authorised excuse for fail- ing to make and transmit the return and declarations respecting election expenses, the date of the allowance of the excuse, or if there was a failure as regards two or more of them, and the excuse was PROCEEDINGS ON ELECTION PETITION. 51 allowed at different times, the date of the allowance of the last excuse, shall be substituted for the day on which the return and declarations are received by the return- ing officer. (5.) For the purposes of this section, time shall be reckoned in like manner as it is reckoned for the purposes of the Parliamentary Elections Act, 1868. 41. (1.) Before leave for the withdrawal of an with- election petition is granted, there shall be produced election affidavits by all the parties to the petition and their ^^^ ^ ^°"' solicitors, and by the election agents of all of the said parties who were candidates at the election, but the High Court may on cause shown dispense with the affidavit of any particular person if it seems to the court on special grounds to be just so to do. (2.) Each affidavit shall state that, to the best of the deponent's knowledge and belief, no agree- ment or terms of any kind whatsoever has or have been made, and no undertaking has been entered into, in relation to the withdrawal of the petition ; but if any lawful agreement has been made "with respect to the withdrawal of the petition, the affidavit shall set forth that agreement, and shall make the foregoing statement subject to what appears from the affidavit. (3.) The affidavits of the applicant and his soli- citor shall further state the ground on which the petition is sought to be withdrawn. (4.) If any person makes any agreement or e2 52 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. terms, or enters into any undertaking, in relation to tlie withdrawal of an election petition, and sucli agreement, terms, or undertaking is or are for the withdrawal of the election petition in consideration of any payment, or in consideration that the seat shall at any time be vacated, or in consideration of the withdrawal of any other election petition, or is or are (whether lawful or unlawful) not men- tioned in the aforesaid affidavits, he shall be guilty of a misdemeanor, and shall be liable on convic- tion on indictment to imprisonment for a term not exceeding twelve months, and to a fine not exceed- ing two hundred pounds. Persons thus acting to be indictable, and on conviction liable to imprisonment for a term not exceeding twelve months and ■20n/. fine. (5.) Copies of the said affidavits shall be deli- vered to the Director of Public Prosecutions a reasonable time before the application for the withdrawal is heard, and the Court may hear the Director of Public Prosecutions or his assistant or other representative (appointed with the approval of the Attorney-Greneral), in opposition to the allowance of the withdrawal of the petition, and shall have power to receive the evidence on oath of any person or persons whose evidence the Director of Public Prosecutions or his assistant, or other representative, may consider material. New ; the Du-ector of Public Prosecutions to be served with notice, and given him power to intervene. (6.) Where in the opinion of the Court the proposed withdrawal of a petition was the result Vict. c. 12o. PROCEEDINGS ON ELECTION PETITION. 53 of any cagreemont, terms, or undertaking pro- hibited by this section, the Court shall have the same power with respect to the security as under section thirty-five of the Parliamentary Elections 31 & Act, 1868, where the withdrawal is induced by a corrupt consideration. (7.) In every case of the withdrawal of an elec- tion petition the Court shall report to the Speaker whether, in the opinion of such Court, the with- drawal of such petition was the result of any agreement, terms, or undertaking, or was in con- sideration of any payment, or in consideration that the seat should at any time be vacated, or in consideration of the withdrawal of any other election petition, or for any other consideration, and if so, shall state the circumstances attending the withdrawal. (8.) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors. (9.) Where a person not a solicitor is lawfully acting as agent in the case of an election petition, that agent shall be deemed to be a solicitor for the purpose of making an affidavit in pursuance of this section. 42. The trial of every election petition so far Coutinua- as is practicable, consistently with the interests of trial of justice in respect of such trial, shall be continued pcTitlou. de die in diem on every lawful day until its con- clusion, and in case the rota of judges for the year shall expire before the conclusion of the trial, or CORRUPT AiS'D ILLEGAL PRACTICES PREVENTION ACT. of all the proceedings in relation or incidental to tlie petition, tlie authority of the said judges shall continue for the purpose of the said trial and pro- ceedings. Attendance of Director of Public Prosecu- tions on trial of election petition, and prose- cution by him of of- fenders. 43. (1.) On every trial of an election petition the Director of Public Prosecutions shall by himself or by his assistant, or by such representative as hereinafter mentioned, attend at the trial, and it shall be the duty of such Director to obey any directions given to him by the election court with respect to the summoning and examination of any witness to give evidence on such trial, and with respect to the prosecution by him of offenders, and with respect to any person to whom notice is given to attend with a view to report him as guilty of any corrupt or illegal practice. Wholly new ; indeed, the Director of Public Prosecutions is now, for the first time, imported officially into election busi- ness, and, as will be seen, his duties and requirements are exceedingly specific. He mt(st act sometimes on the directions of other "autho- rities," sometimes he himself may take the initiative, some- times he will have to exercise liis powers compulsorily and by "order," sometimes by "direction of others," and sometimes again, voluntarily. It is needless to add, that these distinc- tions must be carefully noted and considered. It may be stated that the whole of sect. 43, including, of course, its several sub-sections, is of the utmost importance, and camiot be too carefully studied. (2.) It shall also be the duty of such director, without any direction from the election court, if it appears to him that any person is able to give material evidence as to the subject of the trial, to cause such person to attend the trial, and with the leave of the Com't to examine such person as a witness. PROCEEDINGS ON ELECTION PETITION. DO (3.) It shall also Le tlio duty of tlie said dii'ector, without any direction from the election court, if it appears to him that any person who has not re- ceived a certificate of indemnity has been guilty of a corrupt or illegal practice, to prosecute such person for the offence before the said Court, or if he thinks it expedient in the interests of justice before any other competent court. It will be noticed that it is for the Director himself to choose the ' ' competent coiu't ' ' where the trial is to bo held. (4.) Where a person is prosecuted before an election com^t for any corrupt or illegal practice, and such person appears before the Court, the Court shall proceed to try him summarily for the said offence, and such person, if convicted thereof upon such trial, shall be subject to the same in- capacities as he is rendered subject to under this Act upon conviction, whether on indictment or in any other proceeding for the said offence ; and fm-ther, may be adjudged by the Court, if the offence is a corrupt practice, to be imprisoned with or without hard labour, for a term not exceeding six months, or to pay a fine not exceeding two hundred pounds, and if the offence is an illegal practice, to pay such fine as is fixed by this Act for the offence ; Provided that, in the case of a corrupt practice, the Court, before proceeding to try summarily any person, shall give such person the option of being tried by a jury. Note the proviso for giving accused the option of having a (5.) Where a person is so prosecuted for any such offence, and either he elects to be tried by a 56 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. jury or he does not appear before the Court, or the Court thinks it in the interests of justice ex- pedient that he should he tried before some other Court, the Court, if of opinion that the evidence is sufficient to put the said person upon his trial for the offence, shall order such person to be pro- secuted on indictment or before a Court of summary jurisdiction, as the case may require, for the said oifence ; and in either case may order him to be prosecuted before such Court as may be named in the order ; and for all purposes preliminary and of and incidental to such prosecution the offence shall be deemed to have been committed within the jurisdiction of the Court so named. An additional provision for transferring the inquiry, if deemed advisable, to some other Covirt or tribunal. (6.) Upon such order being made, (a) if the accused person is present before the Court, and the offence is an indictable offence, the Court shall commit him to take his trial, or cause him to give bail to appear and take his trial for the said offence ; and (b) if the accused person is present before the Court, and the offence is not an indict- able offence, the Court shall order him to be brought before the Court of sum- mary jurisdiction before whom he is to be prosecuted, or cause him to give bail to appear before that Court ; and (c) if the accused person is not present before the Court, the Court shall as circum- PROCEEDINGS ON ELECTION PETITION. 57 stances require issue a summous for bis attendance, or a warrant to apprehend him and bring him, before a Com't of summary jurisdiction, and that Court, if the offence is an indictable offence, shall, on proof only of the summons or warrant and the identity of the accused, commit him to take his trial, or cause him to give bail to appear and take his trial for the said offence, or if the offence is punishable on summary conviction, shall proceed to hear the case, or if such Court be not the Court before whom he is directed to be prosecuted, shall order him to be brought before that Court. Surely, it would have been better in an offence of this gravity and magnitude to have pro\'ided that here, too, if the accused himself desired it, he luig'lit have the option of a jury, instead of allowing any Court of simimarj'- jiu'isdiction, especially surrounded, as it may be, with local feelings, and saturated in local politics, to have exclusive control over the matter, as is done by the latter part of this section. (7.) The Director of Public Prosecutions may nominate, with the approval of the Attorney- General, a barrister or solicitor of not less than ten years standing to be his representative for the purpose of this section, and that representative shall receive such remvmeration as the Commis- sioners of Her Majesty's Treasury may approve. There shall be allowed to the director and his assistant or representative, for the purposes of this section, such allowance for expenses as the Com- missioners of Her Majesty's Treasury may approve. (8.) The costs incurred in defraying the ex- 58 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. penses of the Director of Public Prosecutions under this section (including the remuneration of his representative) shall, in the first instance, be paid by the Commissioners of Her Majesty's Treasury, and so far as they are not in the case of any prosecution paid by the defendant shall be deemed to be expenses of the election court ; but if for any reasonable cause it seems just to the Coui-t so to do, the Court shall order all or part of the said costs to be repaid to the Commis- sioners of Her Majesty's Treasury by the parties to the petition, or such of them as the Court may direct. Power to election court to order pay- ment by county or borouf^h or indi- vidual of costs of election petition. 44. (1.) Where upon the trial of an election petition respecting an election for a county or borough it appears to the election court that a corrupt practice has not been proved to have been committed in reference to such election by or with the knowledge and consent of the respondent to the petition, and that such respondent took all reasonable means to prevent corrupt practices being committed on his behalf, the Court may make one or more orders with respect to the payment either of the whole or such part of the costs of the peti- tion as as the Court may think right as follows : (a) if it appears to the Court that corrupt practices extensively prevailed in reference to the said election, the Court may order the whole or part of the costs to be paid by the county or borough ; and (1)) if it appears to the Court that any person or persons is or are proved, whether by pro- PROCEEDINGS ON ELECTION PETITION. 59 viding money or otherwise, to have been extensively engaged in corrupt practices, or to have encouraged or promoted exten- sive corrupt practices in reference to such election, the Court may, after giving such person or persons an opportunity of being heard by counsel or solicitor and examining and cross-examining witnesses to show cause why the order should not be made, order the whole or part of the costs to be paid by that person, or those persons or any of them, and may order that if the costs can- not be recovered from one or more of such persons they shall be paid by some other of such persons or by either of the parties to the petition. (2.) Where any person appears to the Court to have been guilty of the offence of a corrupt or illegal practice, the Court may, after giving such person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceeding before the Court in relation to the said offence or to the said person to be paid by the said person. (3.) The rules and regulations of the Supreme Court of Judicature with respect to costs to be allowed in actions, causes, and matters in the High Court shall in principle and so far as practicable apply to the costs of petition and other proceedings under the Parliamentary Elections Act, 18G8, and under this Act, and the taxing officer shall not allow any costs, charges, or expenses on u higher 60 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. scale than would be allowed in any action, cause, or matter in the High Court on the higher scale, as between solicitor and client. Inquiry by Director of PublicPro- secutions into al- ler, although not amounting to a complete five thousand. (6.) In a county a number of clerks and messengers not exceeding in number one clerk and one messenger for each polling district in the county, or where the 88 COKllUrT AND ILLEGAL PRACTICES PREVENTION ACT. number of electors in a polling district exceeds five hundred one clei'k and one messenger for every complete five hundred electors in the polling district, and if there is a nimiber of electors over and above any complete five hiuidred or complete five hundreds of electors, then one clerk and one messenger may be employed for such number, although not amounting to a complete five hundred : Provided always, that the number of clerks and messengers so allowed in any county may be employed in any polling district where their services may be required. (7.) Any such paid election agent, sub-agent, polling agent, clerk, and messenger may or may not be an elector but may not vote. (8.) In the case of the boroughs of East Eetford, Shoreham, Cricklade, Much Wenlock, and Aylesbmy, the provisions of this part of this schedule shall apply as if such borough were a county. Part II. Legal Expenses in Addition to Expenses under Part I. / (1.) Sums 2)aid to the returning officer for his charges not exceeding the amount authorized by the Act 38 & 39 Yict. c. 84. (2.) The personal expenses of the candidate. (3.) The expenses of printing, the expenses of advertising, and the expenses of pubhshing, issuing, ;' and distributing addresses and notices. (4.) The expenses of stationery, messages, postage, ; and telegrams. ' (5.) The expenses of holding public meetings. I (6.) In a borough the expenses of one committee room, and if the number of electors in the borough ex- ceeds five hundred, then of a number of committee rooms not exceeding the number of one committee room for every complete five hundred electors in the borough, and if there is a number of electors over and aljove any complete five hundred or complete I five hundreds of electors, then of one committee i room for such nmnber, although not amounting to ! a complete five hundred. (7.) In a county the expenses of a central com- FIRST SCHEDULE. 89 mittee room, and in adclitiou of a number of committee rooms not exceeding in nimibor one committee room for each polling district in the connty, and where the nnmber of electors in a polling district exceeds five hundi-ed one additional committee room may be hired for every coniplete five hundred electors in such poll- ing district over and above the first five hundred. Part III. Maximuni for Miscellaneous Matters. Expenses in respect of miscellaneous matters other than those mentioned in Part I. and Part II. of this schedule not exceeding in the whole the maximum amount of two hundred pounds, so nevertheless that such expenses are not incurred in respect of any matter or in any manner constituting an offence under this or any other Act, or in respect of any matter or thing, payment for which is expressly prohibited by this or any other Act. Part IV. Maximum Scale. (1.) In a borough the expenses mentioned above in Parts I., II., and III. of this schedule, other than personal expenses and sums paid to the returning officer for his charges, shall not exceed in the whole the maximum amount in the scale following : If the nimiber of electors on the register — The maximum amount shall be — Does not exceed 2,000. .350^. Exceeds 2,000 380/., and an additional 30/. for every com- plete 1,000 electors above 2,000. Provided that in Ireland if the number of electors on the register — The maximum amount shall be — Does not exceed 500 . . 200/. Exceeds 500, but does not exceed 1,000 250/. Exceeds 1,000, but docs not exceed 1,500 275/. >/^l 90 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. / (2.) In a county the expenses mentioned above in Parts I., II. and III. of this schedule, other than personal expenses and sums paid to the returning officer for his charges, shall not exceed in the whole the maximum amount in the scale following : If the number of electors on the register — The maximum amount shall be — Does not exceed 2,000. .650/. in England and Scotland, and 500/. in Ireland. Exceeds 2,000 710/. in England and Scotland, and 540/. in Ii'eland ; and an addi- tional 60/. in England and Scotland, and 40/. in Ireland, for every complete 1,000 electors above 2,000. Pabt V. General. (1.) In the ease of the boroughs of East Retford, Shoreham, CricMade, Much AVenlock and Aylesbuiy, the provisions of Parts II., III. and IV. of this sche- dule shall apply as if such borough were a county. (2.) For the piu-poses of this schedule, the number of electors shall be taken according to the enumera- tion of the electors in the register of electors. (3.) Where there are two or more joint candidates at an election the maximimi ir.aount of expenses mentioned in Parts III. and IV. of this schedule shall, for each of such joint candidates, be reduced by one-fourth, or if there are more than two joint candidates by one-third. (4.) Where the same election agent is appointed by or on behalf of two or more candidates at an election, or where two or more candidates, by them- selves or any agent or agents, hire or use the same committee rooms for such election, or employ or use the services of the same sub-agents, clerks, mes- sengers, or polling agents at such election, or publish a joint address or joint cii-cidar or notice at such FIRST SCHEDULE. 91 election, those candidatos shall he deemed for the purposes of this enactment to be joint candidates at such election. Provided tliat — (a) The emplojTaont and ixse of the same committee room, sub-agent, clerk, messenger, or polling agent, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates. (b) Nothing in this enactment shall prevent candi- dates from ceasing to be joint candidates. (c) Where any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after having begun to conduct his election as a separate candidate, and such ceasing or beginning was in good faith, and such excess is not more than under the cir- cumstances is reasonable, and the total ex- penses of such candidate do not exceed the maximum amount allowed for a separate can- didate, such excess shall be deemed to have arisen fi'om a reasonable cause within the meaning of the enactments respecting the allowance by the High Court or election court of an exception fi'om the provisions of this Act which woidd otherwise make an act an illegal practice, and the candidate and his electitm agent maj^ be relieved accordingly from the consequences of having incui'red such excess of expenses. SECOND SCHEDULE. Part I. Form of Decl^veatioxs as to Expenses. Form for Candidate. I , having been a candidate at the election for the coimty [or borough] of on the day of , do hereby solemnl}' and sincerely de- clare that I have examined the retm'n of election 92 CORRUPT A^'D ILLEGAL PRACTICES PREVENTION ACT. exi3eiises [about to be] transmitted by my election agent [^or if the candidate is his oivn clectioji agent, "by me"] to the retiu-ning officer at the said elec- tion, a copy of which, is now shown to me and marked , and to the best of my knowledge and belief that retiu'n is correct ; And I fiu'ther solemnly and sincerely declare that, except as appears from that return, I have not, and to the best of my knowledge and behef no person, nor any club, society, or association, has, on my be- half, made any payment, or given, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liabiHty on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I have paid to my election agent [//' tlie candidate is also his oicn election agent, leave oiit "to my election agent "] the sum of pounds and no more for the pxu"pose of the said election, and that, except as specified in the said return, no money, security, or equivalent for money has to my knowledge or belief been paid, advanced, given, or deposited by any one to or in the hands of my election agent [or if the candidate is his oivn election agent, "myself"] or any other person for the purpose of defraying any ex- penses inciu'recl on my behalf on account of or in respect of the conduct or management of the said election ; And I further solemnly and sincerely declare that I will not, except so far as I may be permitted by law, at any futm-e time make or be party to the making or giving of, any pajTuent, reward, office, emplo}Tnent, or valuable consideration for the purpose of defrajdng any such expenses as last mentioned, or provide or be i^arty to the providing of any money, seciu-ity, or equivalent for money for the pui-pose of defraying any such expenses. Signature of declarant C. D. Signed and declared by the above-named declarant on the day of , before me. (Signed) E. F. Justice of the Peace for SECO^"D SCHEDULE. 93 Furm for Election Agent. I, , beiug election agent to , candidate at the election for the county [or borough] of , on the day of , do hereby solemnly and sincerely declare that I have examined the retiu'n of election expenses about to be transmitted by me to the returning officer at the said election, and now shown to me and marked , and to the best of ni}' knowledge and belief that return is correct ; And I hereby further solemnly and sincerely de- clare that, except as appears from that return, I have not and to the best of my knowledge and beHef no other person, nor any club, society, or association has on behalf of the said candidate made any payment, or given, promised, or offered any reward, office, em- ployment, or valuable consideration, or incui-red any liability on account of or in respect of the conduct or management of the said election ; And I f lu'ther solemnly and sincerely declare that I have received fi'om the said candidate pounds and no more [or nothing] for the purpose of the said election, and that, except as specified in the said return sent by me, no money, seciu'ity, or equivalent for money has been paid, advanced, given, or deposited by any one to me or in my hands, or, to the best of my knowledge and belief, to or in the hands of any other person for the piu'pose of defraying any ex- penses inciu'red on behalf of the said candidate on account of, or in respect of the conduct or manage- ment of the said election. Signature of declarant A. B. Signed and declared by the above-named declarant on the day of before me. (Signed) E. F. Justice of the peace for FoEir OF Eettjen of Election Expenses. I, A.B., being election agent to CD., candidate at the election for the county [or borough] of on the day of , make the following retui"n respecting election expenses of the said candidati" at the said election [or ivhere the candidate has named 94 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. himself as election agent, "I, CD., candidate at the " election for the county [or borough] of on " the day of , acting as my own election "agent, make the following return respecting my " election expenses at the said election "]. Receipts. Received of [the ahove-named candidate'] [o?- \ ivhere the candidate is his own election > £ agent, " Paid by me "] ) Eeceived oi J. K. £ [Here set out the name and description of every person, club, society, or association, lohether the candidate or not, from tvhom any money, securities, or equivalent of money was receive.d in respect of exjienses incurred on account of or in connection with or incidental to the above election, and the amount received from each jiersoii, club, society, or association separately.] Expenditure. Paid to E. F., the retm-ning officer for the ] said county [or borough] for his charges > £ at the said election ) Personal expenses of the said C. D., paid ] by himself [or if the candidate is his oirn \ £ election agent, "Paid by me as candidate"] ) Do. do. paid ] by me [or if the candidate is his oicn dec- > £ tion agent, add "acting as election agent "] ) Eeceived by me for my services as election \ agent at the said election [or if the candi- i p date is his oivn election agent, leave out this i item] / Paid to G. H., as sub-agent of the polling \ p district of j [The name and description of each sub-agent and the sum jjaid to him must be set out separately.] Paid to as polling agent £ SECOND SCHEDULE. 95 Paid to as clerk for days' services £ Paid to as messenger for days' services £ \_The names and descriptions of every poUimj agent, clerk, and messenger, and the sum paid to each, must be set out separately either in the account or in a separate list annexed to and referred to in the account, thus, " Paid to polling agent (or as the case may be) as per annexed list £ ."] Paid to the following persons in respect of goods supplied or work and laboiu' done : To P. Q. (printing) £ To Jl. N. (advertising) £ To E. S. (stationery) £ [77?e tiame and description of each person, and the nature of the goods supplied, or the work cmd labour done by each, must be set out separately either in the account or in a separate list annexed to and referred to in the account.~\ Paid for postage £ Paid for telegrams £ Paid for the hire of rooms as follows : For holding pnLlic meetings £ For committee rooms £ [^i room hired for a public meeting or for a committee room must be named or described so as to identify it ; and the ncune and descrip- tion of every person to ivhom any payment was made for each such room, together with the amount paid, must be set out separately either in the account or in a sepai-atc list annexed to and referred to in the account.~\ Paid for niiscellaneoiis matters, namely. ... £ \_Tlie name and description of each person to irhom any su7n is jyaid, and the reason for ivhich it u-as jiaid to him, must be set out separately either in the account or in a sepa- rate list annexed to and referred to in the account.'\ In addition to the ahove, I am aware, as election agent for C. D., \or if the candidate is his own election agent, leave out "as elec- 96 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. tion agent for C. Z)."] of the following dis- ]nited and unpaid claims ; namely, — Disputed claims. By r. t'. for £ \IIere set out the 7iame and description of each person lohose claim is disputed, the amount of the claim, and the (joods, tcork, or other matter on the (/round of ichich the claim is based-l Unpaid claims allowed by tlie High. Court to be paid after the proper time or in respect of which appheation has been or is about to be made to the High Coiu't. By J/. 0. for £ \^Here state the name and description of each j)erson to whom any such claim is due, and the amount of the claim, and the (joods, ivorh, and labour or other matter on account of ivhich the claim is due.'] (Signed) A.B. Part II. Form of Declaratioi^ as to Expenses. Form for candidate ichere declared a candidate or nomi- nated in his absence and taldnc/ no part in the election. I, , having been nominated [or having been declared by others] in ni}' absence [to be] a candi- date at the election for the county or borough of held on the day of , do hereby solemnly and sincerely declare that I have taken no part what- ever in the said election. And I fiu-ther solemnly and sincerely declare that [or mth the exception of ] I have not, and no person, club, society, or association at n\j expense has, made any pajrment or given, promised, or offered, any reward, office, employment, or valuable conside- ration, or inciu'red any liability on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that [or with the exception of ] I have not paid any money or given any seciu-ity or equivalent for money to the person acting as my election agent at the said election, or to any other person, club, society, or THIRD SCHEDULE. 97 association on account of or in respect of the conduct or management of tlio said election, and that [o/- with the exception of ] I am entirely ignorant of any money seciu-ity or equivalent for money having been paid, advanced, given, or deposited by any one for the purpose of defi-apng any expenses incm-red on account of or in respect of the conduct or manage- ment of the said election. And I further solemnly and sincerely declare that I wiU not, except so far as I may be permitted by law, at any futm-e time make or be party to the making or giving of any payment, reward, office, employment, or valuable consideration for the piu'- pose of defi-aving any such expenses as last men- tioned, or pro\'ide or be party to the providing of any money, seem-ity, or equivalent of money for the pur- pose of defrajdng any such expenses. Sic/nature of declarant 0. D. Signed and declared by the above-named declarant on the day of , before me, (Signed) E. F. Justice of the Peace for THIED SCHEDULE Corrupt Practices Peevextiois Acts. Session and Chapter. Title of Act. Enactments referred to as being the CoiTupt Practices Pievention Acts. 17 & 18 c. 102. 26 & 27 c. 29. 31 & 32 c. 125. 35 & 36 Vict. Vict. Vict. Vict. Vict. Part One. Temporary. The Corrupt Practices Prevention Act, 1854. An Act to amend and continue the law relating to corrupt practices at elections of members of Par- liament. The Parliamentary Elections Act, 1868. The Ballot Act, 1872 The whole Act so far as unrepealed. The whole Act so far as uni-epealed. The whole Act so far as unrepealed. Part III. so far as c. 33. 42 & 43 c. 75. W. Tlie Parliamentary Elections and Corrupt Practices Act, 1879. unrepealed. The whole Act so far as unrepealed. H 98 CORTIUPT AND ILLEGAL PRACTICES PREVENTION ACT. Session and Chapter. Title of Act. Enactments referred to as being the CoiTupt Practices Prevention Acts. 80 & 31 Vict. c. 102. 31 & 32 Vict. c. 48. 31 & 32 Vict. c. 49. 44 & 45 Vict. c. 40. Pakt Two. Permanent . The Representation of the People Act, 1867. Tlie Representation of the People (Scotland) Act, 18C8. The Representation of the People (Ireland) Act, 1868. The Univci'sities Elections Amend- ment (Scotland) Act, 1881. Sections eleven, forty - nine, and fifty. Sections eight and forty -nine. Sections eight and thirteen. Sub -section seventeen of section two. Bribery defined. Part Three. Enactments defining the Oeeences of Bribery and Personation. The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. c. 102, ss. 2, 3. Sect. 2. The following j^ersons shall be deemed guilty of hriberv, and shall be punishable accord- ingly:— (1.) Every person who shall, directly or indirectly, by himself, or by any other person on his be- half, give, lend, or agree to give or lend, or shall offer, promise, or promise to procure or to endeavour to procure, any money or valu- able 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 refi'ain from voting, or shall corruptly do any such act as aforesaid on ac- count 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 pro- cure or to endeavour to procure, any office, X)lace, or employment to or for any voter, or to THIRD SCHEDULE. 99 or for any person on "behalf of any voter, or to or for any otlier 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 -n-ho shall, directly or indirectly, by himself, or by any other person on his behalf, make any such gift, loan, offer, pro- mise, procurement, or agreement as aforesaid to or for any person, in order to induce such jDerson to procure or endeavoiu" 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, otfei*, promise, procure- ment, or agreement, procure or engage, pro- mise, 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 pa}-, 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 "svho shall know- ingly 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 accoimt of any legal expenses bona fide incui-red at or con- cerning any election. Sect. 3. The following persons shall also be deemed Bribery guilty of bribery, and shall be punishable accordingly : f "rthtii- (1.) Every voter who shall, before or diu-ing 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 em- ployment, for himself or for any other person, for voting or agreeing to vote, or for refrain- h2 100 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. Corrupt payment of rates to be punish- able as bribery. Corrupt payment of rates to be punishable as bribery. Corrupt payment of registra- tion fee to be punish- ing or agreeing to refrain from voting at any election : (2.) Every person wlio sliall, after any election, directly or indirectly, 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 fi-om voting at any election. The Eepresentation of the People Act, 1867, 30&31 Vict. c. 102, s. 49. Any person, either directly or indirectly, corruptly paying any rate on behalf of any ratepayer for the pui-pose of enabling him to be registered as a voter, thereby to influence his vote at any futiu'e election, and any candidate or other person, either dii-ectly or indirectly, paying any rate on 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 Eepresentation of the People (Scotland) Act, 1868, 31 & 32 Vict. c. 48, s. 49. Any person, either directly or indirectly, corruptly paying any rate on behalf of any ratepayer for the purpose of enabling him to be registered as a voter, thereby to influence his vote at any future election, and any candidate or other person, either directly or indirectly, paying any rate on 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 sec- tioned mentioned is made shall also be guilty of bribery, and punishable accordingly. The Universities Elections Amendment (Scotland) Act, 1881, 44 & 45 Vict. c. 40, s. 2. 17. Any person, either directly or indirectly, cor- ruptly paying any fee for the purjooso of enabling any person to bo registered as a member of the general council, and thereby to influence his vote at FOURTH AND FIFTH SCHEDULES, 101 any future election, and any candidate or other per- able as son, either directly or indii-ectly, paying such fee on bribery, behalf of any person for the purpose of inducing him to vote or to refrain from voting, shall be guilty of briber}', and shall be punishable accordingly ; and any person on whose behalf and with whose privity any such payment as in this section 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 pui-poses of the laws re- lating to parliamentary and municipal elections, be deemed to be guilty of the offence of personation who, at an election for a county or borough, or at a municijial election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious per- son, or who, having voted once at any such election, applies at the same election for a ballot paper in his own name. Persona- tion de- fined. FOURTH SCHEDULE.— Short Titles. Session and Chapter. 15 & 16 Vict. c. 57. 26 & 27 Vict, c. 29. Lonff Title. An Act to provide for more effec- tual inquiry into the existence of corrupt practices at the election of members to serve in Parlia- ment. An Act to amend and continue the law relating to corrupt practices at elections of members of Par- liament. Short Title. Election Commission- ers Act, 1852. The Corrupt Practices Prevention Act, 1863. 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 102 CORRUrX AND ILLEGAL PKACTICES PEEVE^■T10^' ACT. the words, section, or other part first or last mentioned, or other- ■\rise referred to as forming the beginning or as forming the end of the portion comprised in the description or citation. Session and Chapter. Title or Short Title. 60 Geo. 3 and 1 Geo. 4, c. 11 1 & 2 Geo. 4, c. 58. 4 Geo. 4, c. 55 . 17 & 18 Vict, c. 102. An Act for the better regulation of polls, and for making further provision touching the election of members to serve in Parlia- ment for Ireland. An Act to regulate the expenses of election of ilembers to serve in Parliament for Ireland. An Act to consolidate and amend the several Acts novr in force so far as the same I'elate to the election and return of members to serve in Parliament for the counties of cities and counties of to'mis in Ireland. The Corrupt Practices Prevention Act, 1854. Extent of Eepeal. Section thirty- six. The whole Act except section three. Section eighty- two. Section one. Section two, from " and any person so offending " to " with full costs of suit." Section thi'ee, 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, sec- tion thirty-six, sec- tion thii-ty-eight, from " and the words personal ex- penses" to the end of the section, and section thirty -nine and Schedide A. FIFTH SCHEDULE. 103 Session and Chapter. Title or Short Title. 21 & 22 Vict c. 87. 26 & 27 Vict. c. 29. 30 & 31 Vict. c. 102. 31 & 32 Vict 0. 48. 31 & 32 Vict 0. 49. 31 & 32 Vict 0. 58. 31 & 32 Vict c. 125. An Act to continue and amend the Corrupt Practices Prevention Act, 1854. An Act to amend and continue the law relating to coiTupt practices at elections of members of Par- liament. The Kepresentation of the People Act, 1867. The Representation of the People (Scotland) Act, 1868. The Representation of the People (Ireland) Act, 1868. The Parliamentary Electors Regis- tration Act, 1868. The Parliamentary Elections Act, 1868. Extent of Eepeal. The whole Act. The whole Act, ex- cept section six. Section thirty-fonr, from " and in other boroughs the jus- tices" to "greater part thereof is situ- ate ' ' and section thirty -six. Section twenty-five. Section twelve. Section eighteen, from " the power of di- viding their county' ' to the end of the section. So much of section thi-ee as relates to the definitions of " candidate." Section sixteen. Section thirty-three. Section thirty-six. Section forty - one, from ' ' but accord- ing 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 princi- ples" down to " in the court of ses- sion," beiug sub- section sixteen. 104 COKRUPT AND ILLEGAL PRACTICES PREVENTION ACT. Session and Chapter. Title or Short Title. Extent of Repeal. 35 & 36 Vict. The Ballot Act, 1872.... Section five, from the c. 33. beginning down to " one hundred re- gistered electors." Section twenty-four, from ' ' The oif ence of personation, or of aiding," to "hard labour," and from ' ' The offence of per- sonation shall be deemed to be'' to the end of the sec- tion. 42 & 43 Vict. The Parliamentary Elections and Section three and c. 75. Corrupt Practices Act, 1879 schedule. 43 Vict. c. 18.. The Parliamentary Elections and The whole Act, ex- CoiTupt Practices Act, 1880 cept sections one and three. APPENDIX. THE EEPEESENTATION OF THE PEOPLE ACT, 1867. 30 & 31 Vict. c. 102. An Act further to amend the Laivs relating to the Representation of the People in England and Wales. [15ta August, 1867.] Whereas it is expedient to amend the laws relating to the representation of the people in England and Wales : 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 : 1. This act shall be cited for all purposes as " The Ee- Short title presentation of the People Act, 1867." 2. This act shall not apply to Scotland or Ireland, nor in anywise affect the election of members to serve in par- liament for the universities of Oxford or Cambridge. PART I. FR-VXCIIISES. 3. Everj- man shall, in and after the year 1868, be en- titled to be registered as a voter, and, when registered, to vote for a member or members to serve in parliament for a borough, who is qualified as follows; (that is to say,) 1. Is of full age, and not subject to any legal incapa- city : and 2. Is on the last day of July in any year, and has during the whole of the preceding twelve calendar months been, an inhabitant occupier, as owner or tenant, of any dwelling-house within the borough ; and 3. lias during the time of such occupation been rated as an or(Bnary occupier in respect of the premises so occupied by him within the borough to all rates Applica- tion of act. Occupa- tion fran- chise for voters in toroughs. 106 APPENDIX. Lodger franchise for voters iu bo- roughs. Property franchise for voters in counties. (if any) made for the relief of the poor in respect of such, premises ; and 4. Has on or before the 20th day of July in the same year bona fide paid an equal amount in the pound to that payable by other ordinary occupiers in re- spect of all poor rates that have become payable by ham in resj^ect of the said premises up to the pre- ceding 5th day of January : Provided that no man shall under this section be entitled to be registered as a voter by reason of his being a joint occupier of any dwelling-house. 4. Every man shall, in and after the year 1868, be en- titled to bo registered as a voter, and, when registered, to vote for a member or members to serve in parliament for a borough, who is qualified as follows ; (that is to say,) 1. Is of full age and not subject to any legal incapa- city; and 2. As a lodger has occupied in the same borough sepa- rately and as sole tenant for the twelve months pre- ceding the last day of July in any year the same lodgings, such lodgings being jsart of one and the same dwelling-house, and of a clear yearly value, if let unfurnished, of 101. or upwards; and 3. Has resided in such lodgings during the twelve months immediately preceding the last day of July, and has claimed to be registered as a voter at the next ensuing registration of voters. 5. Every man shall, in and after the year 1868, be en- titled to be registered as a voter, and, when registered, to vote for a member or members to serve in parliament for a county, w"ho is qualified as follows ; (that is to say, ) 1. Is of full age, and not subject to any legal incapa- city, and is seised at law or in equity of any lands or tenements of freehold, copyhold, or any other tenure whatever, for his ovvu life, or for the life of another, or for any lives whatsoever, or for any larger estate of the clear yearly value of not less than ol. over and above all rents and charges pay- able out of or in respect of the same, or who is en- titled, either as lessee or assignee, to any lands or tenements of freehold or of any other tenui-e what- ever for the unexpired residue, whatever it may be, of any term originally created for a period of not loss than sixty years (whether determinable on a life or lives or not), of the clear yearly value of not less than iJl. over and above all rents and charges payable out of or in respect of the same : Provided that no person shall bo registered as a voter luider this section unless he has complied with the pro- THE REPRESENTATION OF TilE TEOl'LE ACT, 16(57. lur visions of tlie 26tli section of the act of the 2nd year of the reign of his majesty William TV. chapiter 45. 6. Every man shall, in and after the year 1868, be entitled to be registered as a voter, and, Avhen registered, to vote for a member or members to serve in parliament for a county, who is qualified as follows ; (that is to say,) 1. Is of full age, and not subject to any legal inca- pacity ; and 2. Is on the last day of Jiilj' in any year, and has during the 12 months immediately preceding been, the occupier, as owner or tenant, of lands or tene- ments within the countj- of the rateable value of 12?. or upwards : and 3. Has during the time of such occupation been rated in respect to the premises so occupied by him to all rates (if any) made for the relief of the poor in respect of the said i^remises ; and 4. Has on or before the 20th day of July in the same year paid all poor rates that have become payable by him in respect of the said j)remises up to the preceding oth day of January. 7. Where the owner is rated at the time of the passing of this act to the poor rate in respect of a dwelling-house or other tenement situate in a jjarish wholly or jiartlj'' in a borough, instead of the occupier, his liability to be rated in any future poor rate shall cease, and the following enactments shall take effect with resj)ect to rating in all boroughs : 1. After the passing of this act no owner of any dwelling-house or other tenement situate in a parish either wholly or partly within a borough shall bo rated to the poor rate instead of the occupier, ex- cept as hereinafter mentioned : 2. The full rateable value of every dwelling-house or other separate tenement, and the full rate in the pound payable by the occupier and the name of the occupier, shall be entered in the rate book : A\liero the dwelling-house or tenement shall be wholly let out in aj'jartments or lodgings not sei^arately rated, the owner of such dwelling-house or tenement shall be rated in respect thereof to the poor rate : Provided as follows : (1.) That nothing in this act contained shaU affect any comi)osition existing at the time of the passing of this act, so nevertheless that no such com- position shall remain in force beyond the 29th daj' of September next : (2.) That nothing heroin contained shall affect any rate Occupa- tion fran- chise for voters in counties. Occupiers in bo- roughs to be rated, and not owners. Provisoes as to com- positions, &c. 108 APPENDIX. First regis- tration of occupiers of dwelling houses, &c. Eestriction as to num- ber of votes in certain counties and bo- roughs ; and in the city of London. No elector who has been em- ployed for reward within six months of an election to be en- titled to vote. made previously to the passing of this act, and the powers conferred by any subsisting act for the purpose of collecting and recovering a poor rate, shall remain and continue in force for the collection and recovery of any such rate or com- position : (3.) That where the occupier under a tenancy subsist- ing at the time of the passing of this act of any dwelling-house or other tenement which has been let to him free from rates is rated and has paid rates in pursuance of this act, he may deduct from any rent due or accruing due from him in respect of the said dwelling-house or other tene- ment, any amount i^aid by him on account of the rates to which he may be rendered liable by this act. 8. "Where any occupier of a dwelling-house or other tenement (for which the owner at the time of the passing of this act is rated or is liable to be rated), would be en- titled to be registered as an occupier in pui'suance of this act at the first registration of parliamentary voters to be made after the year 1867, if he had been rated to the poor rate for the whole of the required period, such occupier shall, notwithstanding he may not have been rated prior to the 29th day of Sejitember, 1867, as an ordinary occu- pier, be entitled to be registered, subject to the following conditions : 1 . That he has been duly rated as an ordinary occupier to all poor rates in respect of the premises after the liability of the owner to be rated to the poor rate has ceased, under the provisions of this act : 2. That he has, on or before the 20th day of July, 1868, paid all poor rates, which have become payable by him as an ordinary occupier in respect of the pre- mises, up to the preceding 5th day of January. 9. At a contested election for any county or borough represented by thi'ee members no person shall vote for more than two candidates. 10. At a contested election for the city of London no person shall vote for more than three candidates. 11. No elector who, within six months before or diu-iug any election for any county or borough, shall have been retained, hired or employed for all or any of the purposes of the election for reward by or on behalf of any candidate at such election as agent, canvasser, clerk, messenger or in other like employment, shall be entitled to vote at such election, and if he shall so vote he shall be guilty of a misdemeanor. THE REPRESENTATION OF THE PEOPLE ACT, 1867. 109 12. "WTieroas, upon rei^resentations made to lier Majesty in joint addresses of both houses of Parliament, to the effect that the Select Committees of the House of Com- mons appointed to try the petitions complaining of undue elections and returns for the boroughs of Totiics, Roigate, Great Yarmouth and Lancaster had reason to believe that corrupt practices had extensively prevailed at the last elections for the said boroughs, commissioners were ap- pointed for the purpose of making inquiry into the exist- ence of such corrupt practices, in pursuance of the act of parliament, i:)assed in the 16th year of the reign of her present Majesty, chapter 57, intituled " An Act to pro- vide for the more effectual inquiry into the existence of corrupt i)ractices at elections for members to serve in parliament :" and whereas the commissioners so appointed reported to her Majesty as follows : — 1. As respects the said borough of Totnes, that at every election for the said borough since and including the election in the year 1S57 corrupt practices had extensively prevailed : 2. As respects the said borough of Eeigate, that bribery and treating had prevailed at the election in the year 1859, and had extensively prevailed at the two elections in the year 1858, and at the elections in the years 1863 and 1865 : 3. As respects the said borough of Great Yarmouth, that corruj^t and illegal practices had extensively jjrevailed at the elections in the years 1859 and 1865 : 4. As respects the said borough of Lancaster, that cor- rupt practices had extensively prevailed at the election in the year 1865, and, with rare excep- tions, had for a long time prevailed at contested elections for members to serve in parliament for that borough : Be it enacted, that fi-om and after the end of this present parliament the boroughs of Totnes, Eeigate, Great Yar- mouth and Lancaster shall respectively cease to return any member or members to serve in parliament. 13. Whereas the commissioners ap2)ointed under a com- mission of her Majesty, dated the 16th day of June, 1866, for the i;)urpose of making inquiry into the existence of corrupt practices in the borough of Totnes, have by their report, dated the 29th day of January, 1867, roj^orted to her Majesty that the persons named in Schedules (I.) and (Iv.) to the said report annexed had been guilty of giving or receiving bribes : be it enacted, that none of the per- sons so named in the said schedules shall have the right of voting for the southern division of the county of Devon, in respect of a qualification situated within the said borough of Totnes. Boroughs of Totues, Reigate, Yarmouth, and Lan- caster to cease to return members after end of present parlia- ment. 15 & IG Vict. c. 57. Persons reported guilty of bribery in Totnes dis- qualified as voters for southern division of Devon in respect of qualifica- tion arising in said bo- rough. 110 APPENDIX. Persons reported fruilty of l)riber\' in Great Tar- mouth dis- qualiliecl as voters for north- eastern divisiou of Norfolk or eastern division of Suffolk in respect of qualification arising- in said borough. Persons refjorted guilty of bribery in Lancaster disquali- fied as voters for northern division of Lancaster in respect of qualifi- cation aris- ing in said borough. Persons reported guilty of bribery in Eeigate disquali- fied as • voters for division of Mid- Sur- rey in re- spect of qualifica- tion arising in said borough. Boroughs, as in Sche- dule (A.), to return one mem- ber each. Boroughs herein named to 14. Whereas tlie commissioners appointed under a com- mission of lier Majesty, dated the 16tli day of June, 1866, for the purpose of making inquiry into the existence of corrui^t practices in the borough of Great Yarmouth, have by their report, dated the 20th day of December, 1866, reported to her Majesty that the persons named in Schedules (A.) and (B.) to the said report annexed had been guilty of giving or receiving bribes : be it enacted, that none of the persons so named in the said schedules shall have the right of voting for the north-eastern divi- sion of the county of Norfolk, or the eastern division of the county of Suft'olk, in respect of a quahfication situated mthin the borough of Great Yarmouth. 15. Whereas the commissioners appointed under a com- mission of her Majesty, dated the 16th day of June, 1866, for the puri^ose of making inquiry into the existence of corrupt i^ractices in the borough of Lancaster, have by their report reported to her Majestj' that certain jjersons had been guilty of giving or receiving bribes : be it en- acted, that none of the said persons appearing by the schedules marked (A.) and (B.) to the said report annexed to have been bribed, or as bribing and treating, shall have the right of voting for the northern division of the county of Lancaster in respect of a qualification situated within the said borough of Lancaster. 16. Whereas the commissioners appointed under a commission of her Majesty, dated the 16th day of June, 1866, for the purpose of making inquiry into the existence of corrupt practices in the borough of Eeigate, by their report, dated the 2nd day of February, 1867, reported to her Majesty that the persons named in Schedules (A.), (B.), and (C.) had been guilty of giving or receiving bribes : be it enacted, that none of the said persons so named in the said schedules, and apj^earing thereby to have been so guilty in the election which took place in the year 1865, shall have the right of voting for the di\-ision of Mid-Surrey in respect of a qualification situated within the borough of Eeigate. PAET 11. DiSTEIBUTION OF SeATS. 17. From and after the end of this present parliament, no borough which had a less population than ten thousand at the census of 1861 shall return more than one member to serve in parliament, such boroughs being enumerated in Schedule (A.) to this act annexed. 18. From and after the end of this present parliament, the citv of Manchester, and the boroughs of Liverpool, THE REPRESENTATION OF THE PEOPLE ACT, 1867. Ill Birmiugliam, and LoccLs, shall each respectively return throe members to serve in parliament. 19. Each of the places named in Schedule (B.) to this act annexed shall be a borough, and, until otherwise directed by parliament, each such borough shall comijrise such places as are specified and described in connection with the name of each such borough in the said Sche- dule (B.); and in all future parliaments the borough of Chelsea, named in the said schedule, shall return two members, and each of the other boroughs named in the said schedule shall return one member to serve in par- liament. 20. Registers of voters shall be formed in and after the year 186.S, notwithstanding the continuance of this pre- sent parliament, for or in respect of the boroughs con- stituted bj' this act, in like manner as if before the passing of this act they respectively had been boroughs returning members to serve in parliament. 21. From and after the end of the present parliament, the boroughs of Merthyr Tydfil and Salford shall each return two members instead of one to serve in future l)arliaments ; and the borough of the Tower Hamlets shall be divided into two divisions, and each division shall in all future parliaments be a separate borough returning two members to serve in parliament. The said divisions shall be known by the name of the borough of Hackney and the borough of the Tower Hamlets, and, until otherwise directed by parliament, shall comprise the places mentioned in connection wdth each such borough in Schedule (C.) hereto annexed. 22. Eegisters of voters shall be formed in and after the year lcS6S, notwithstanding the continuance of this present parliament, in respect of the said boroughs of Hackney and of the Tower Hamlets constituted under this act in like manner as if such divisions had previously to the passing of this act been separate boroughs return- ing membei's to serve in parliament. 23. From and after the end of the j^resent parliament, each county named in the first column of Schedule (D.) to this act annexed shall be divided into the divisions named in the second column of the said schedule, and, until otherwise directed by parliament, each of such divi- sions shall consist of the hundreds, lathes, wapentakes, and places mentioned in the third column of the said schedule . In all future parliaments there shall be two members to serve for each of the divisions specified in the said second column, and such members shall be chosen in the same manner, and by the same description of voters, and in return three members each . New bo- roughs as in Schedule (B.), to re- turn one member each, ex- cept Chel- sea, which shall re- turn two. Eegisters of voters to be formed for new boroughs. Merthja- Tydfil and Salford to return two members each. Tower Hamlets to be divided into two divisions, each divi- sion to re- turn two members. Eegisters of voters tobs formed for the bo- roughs of Hackney and the Tower Hamlets. Division of certain counties as in Schedule (D.). 112 APPENDIX. University of London to return one mem- ber. Electors for mem- bers of the imiversity of London. As to suc- cessive occupa- tions. As to joint occupa- tions iu counties. Notice of rate in arrfar to bu i^iveu respect of tlie same riglits of voting, as if each such division were a sejiarate county. All enactments relating to divisions of counties return- ing members to serve in parliament shall bo deemed to apply to the divisions constituted as aforesaid. Eegisters of voters shall be formed in and after the year 1868, notwithstanding the continuance of this present parliament, for or in respect of the divisions of counties constituted by this act, in like manner as if before the passing of this act they had respectively been counties retui'uing members to servo in parliament. 24. In all future parliaments the university of London shall return one member to serve in parliament. 25. Every man whose name is for the time being on the register of graduates constituting the convocation of the university of London shall, if of full age, and not subject to any legal incaj^acity, be entitled to vote in the election of a member to serve in any future parliament for the said university. PART III. Supplemental Pbovision. Incidents of Franchise. 26. Different premises occupied in immediate succes- sion by any person as owner or tenant during the twelve calendar months next previous to the last day of July in any year shall, unless and except as herein is otherwise provided, have the same effect iu qualifying such person to vote for a county or borough as a continued occupa- tion of the same premises in the manner herein provided. 27. In a county where j^remises ai-e in the joint occu- pation of several jiersons as owners or tenants, and the aggregate rateable value of such premises is such as would, if divided amongst the several occupiers, so far as the value is concerned, confer on each of them a vote, then each of such joint occupiers shall, if otherwise qua- lified, and subject to the conditions of this act, be entitled to be registered as a voter, and when registered to vote at an election for the county : provided always, that not more than two persons, being such joint occui^iors, shall be entitled to be registered in respect of such jaremises, unless they shall have derived the same by descent, suc- cession, marriage, marriage settlement, or devise, or un- less they shall be bona fide engaged as partners carrying on trade or business thereon. 28. Where any poor rate due on the oth day of January in an J' year from an occupier in respect of premises capable of conferring the franchise for a borough remains unpaid THE REPRESENTATION OF THE PEOPLE ACT, 18G7. 113 on the 1st day of Juiio following, the overseers whose duty it may bo to collect such rate shall, on or before the 2()th of the same month of June, sinless such rate has pre- viously been jiaid, or has boon duly demanded by a de- mand note, to be served in like manner as the notice in this section referred to, give or cause to be given a notice in the form set forth in Schedule (E.) to this act to every such occupier. The notice shall be deemed to be duly given if delivered to the occupier or left at his last or usual place of abode, or with some person on the pre- mises in respect of which the rate is payable. Any overseer who shall wilfullj' withhold such notice, with intent to keep such occujiier off the list or register of voters for the said borough, shall be deemed guilty of a breach of duty in the execution of the registration acts. 29. The overseers of every parish wholly or partly within a borough shall, on or before the 22nd day of July in every year make out a list containing the name and place of abode of every person who shall not have paid, on or before the 20th day of the same month, all poor rates which shall have become payable from him in re- spect of any premises within the said jiarish before the oth day of January then last past, and the overseers shall keep the said list, to be perused by any person, without payment of any fee, at any time between the hours of ten of the clock in the forenoon and four of the clock in the afternoon of any day except Sunday during the first fourteen days after the said 22nd day of July ; any over- seer wilfully neglecting or refusing to make out such list, or to allow the same to be perused as aforesaid, shall be deemed guilty of a breach of dutj' in the execution of the registration acts. Bt'ijistratlon of Voters. 30. The following regulations shall in and after the year one thousand eight hundred and sixty-eight be ob- served with respect to the registration of voters : 1 . The overseers of every parish or township shall make out or cause to be made out a list of all persons on whom a right to vote for a county in respect of the occupation of premises is conferred by this act, in the same manner, and subject to the same regula- tions, as nearly as circumstances admit, in and subject to which the overseers of parishes and townships in boroughs are required by the regis- tration acts to make out or cause to be made out a list of all persons entitled to vote for a member or members for a borough in resjject of the occupation of premises of a clear j'carly value of not less than 10/. W. I by over- seers to voters, in form as in Schedule (E.) Penalty for wilfully ■natlihold- ins notice. Overseers to make out a list of persons in arrear of rates, which shall be open to perusal without fee. Penalty ou overseer for neg- lect. Regulation to be ob- served as to registra- tion of voters. 114 APPENDIX. Definition of " ex- penses of registra- tion." Provision as to duties of clerks of peace in parts of Lincoln- shire. 2. Th.e claim of every person desirous of being registered as a voter for a member or members to serve for any borough in respect of the occupation of lodgings shall be in the Form numbered 1 in Schedule (G.), or to the like effect, and shall have annexed thereto a declaration in the form and be certified in the manner in the said schedule mentioned, or as near thereto as circumstances admit ; and every such claim shall after the last day of July and on or before the 25th day of August in any year be delivered to the overseers of the parish in which such lodgings shall be situate, and the particulars of such claim shall be duly published by such over- seers on or before the 1 st day of September next ensuing in a separate list, according to the Form numbered 2 in the said Schedule (Gr.) : So much of sect. 18 of the act of the session of the 6th year of the reign of her present Majesty, chapter 18, as relates to the manner of publishing lists of claimants, and to the delivery of copies thereof to persons requiring the same, shall apply to every such claim and list ; and all the jDrovisions of the 38th and 39th sections of the same act with respect to the proof of the claims of persons omitted from the lists of voters, and to objections thereto, and to the hearing thereof, shall, so far as the same are applicable, apply to claims and objections, and to the hearing thereof, imder this section. 31. The word "expenses" contained in the sects. 54 and 55 of the said Registration Act of the session of the 6th year of the reign of her present Majesty, chapter 18, shall be deemed to and shall include and apply to all proper and reasonable fees and charges of any clerk of the peace of any county, or of any town clerk of any city or borough, to be hereafter made or charged by him in any year for his trouble, care, and attention in the 2:)erformance of the services and duties imposed upon him by the same act or by this act, in addition to any money actually paid or disbursed by him for or in respect of any such services or duties as aforesaid. 32. Whereas several of the hundreds mentioned in the third column of the said Schedule (C), and therein assigned to Mid-Lincolnshire, are situate in the parts of Lindsey, and others are situate in the parts of Kesteven, and the liberty of Lincoln consisting of the city and the county of the city of Lincoln is situate partly in the parts of Lindsey and partly in the parts of Kesteven, and there are separate clerks of the j^eace for the said parts of Lindsey and Kesteven : in formin"- the roGrister for the said division of THE REPRESENTATION OF THE PEOPLE ACT, 1867 115 Mid-Lincolnshire the clerk of the peace of the parts of Lindsey shall do and pcrfoi'ni all such duties as are by law required to bo done by clerks of the peace in regard to such of the hundreds assigned to Mid-Lincolnshire as aforesaid as are situate within the said parts of Lindsey, and in regard to so much of the liberty of Lincoln aforesaid as is situate within the said parts of Lindsey ; and the clerk of the peace of the parts of Ivesteven shall do and perform all such duties as are by law required to be done by clerks of the peace in regard to such of the said hun- dreds assigned to Mid-Lincolnshire as aforesaid as are situate within the said parts of Kesteven, and in regard to so much of the liberty of Lincoln aforesaid as is situate within the said parts of Kesteven. Places for Election, and Polling Places. 33. The court for the election of members for each of the divisions mentioned in the second column of the said Schedtde (D.) shall be holden at the places named for that purpose in the fourth column of the same schedule. 34. In every county the justices of the peace having jui'isdiction therein or in the larger part thereof, assembled at some court of general or quarter sessions, or at some adjournment thereof, hold after the passing of this act, may, if they think convenience requires it, divide such county into polling districts, and assign to each district a polling place, in such manner as to enable each voter, so far as practicable, to have a polUng place within a con- venient distance of his residence ; and the justices shall advertise, in such manner as they think fit a description of the polUng districts so constituted by them, and the name of the polling place assigned to each district, and shall name the polling places at which the revising bar- risters are to hold their courts, and no revising barrister shall bo obliged to hold his courts at any polling places not so named : Provided that the justices of the peace for the Isle of Ely, assembled as aforesaid, shall carry into effect the provisions of this section so far as regards the said Isle of Ely ; but nothing herein contained shall affect the powers conferred by any other act of parliament of altering polling places or polling districts, or of creating additional polling places or districts : The local authority of every borough shall, if they think convenience requires it, as soon as may be after the passing of this act, divide such borough into polling districts, and the returning officer shall in the case of a contested election provide at least one booth or room for taking the poll in each polling district ; and in cases whore a parliamentarv borough is ooustitutod I 2 ' Courts for the elec- tion of members for counties as in Schedule (D.). Provision for in- creased polling places in counties, &c. Proviso as to Isle of Ely. 116 APPENDIX. When poUiug jslaces al- tered, &c., publica- tion iu Loudou Gazette not re- quired, Lut justices to advertise as they think fit. Faymcnt of expenses of conveying voters in of two or more towns tlie distance between two of which shall exceed two miles, there shall be provided a booth or room for taking the j)oll in each of such towns : "Where any parish in a borough is divided into or forms j)art of more than one polling district, the overseers shall, so far as practicable, make out the lists of voters in such manner as to divide the names in conformity Avith each polling district : The town clerk, as defined by the act of the 6th Victoria, chapter 18, shall cause the lists of voters for each borough to be copied, printed, arranged, and signed, and delivered in the manner directed by the said act, so as to correspond with the division of the borough into iDolling districts : A description of the polling districts made or altered in pursuance of this act shall be advertised by the local authority in such manner as they think fit, and notice of the situation, division, and allotment of the polling booth or place for each district shall be given in manner now required by law : The local authority shall mean in everj^ municipal borough, and in every borough any part of which forms a municii^al borough, the town council of such borough, and in other horoiujhs the justices of the 23eace acting for such borough, or if there be no such justices then the justices acting for the division of the county in which such borough or the greater part thereof is situate; and in cases where a parliamentary borough is con- stituted by the combination of two or more municipal boroughs, then the local authority shall mean the town council of that municii^al borough in which the nomination takes place : The local aiithority may from time to time alter any districts made by them under this act. 35, When by virtue of the powers conferred by any other act of parliament polling jjlaces or polling districts are altered, or additional polling places or districts are created, it shall not be necessary that any declaration, direction, or order made as therein provided be published in the London Gazette, but the same shall be advertised by the justices in such manner as they shall think fit, and when so advertised shall have the same force and effect as if the same had been published in the London Gazette. 36. It shall not be lairfnl for any candidate, or any one on his behalf, at any election for any borough, except the several boroughs of East Retford, Shoreliam, Cricldade, Much WenlocJc, and Aylesbury, to fay any money on account of the conveyance of any voter to the poll, either to the voter himself THE REIMIESENTATION OF THE rEUl'EE ACT, 1867 ii: or to any other person ; and if amj sucJi candidate, or any ■person on his behalf, shall pay any money on account of the conveyance of any voter to the poll, such payment shall he deemed to he an illeyal payment wUhin the meaning of '■^The Corrupt Practices Prevention Act, 1854." 37. At everj' contested election for any county or borough, unless some building or place belonging to tbe county or borough, is provided for that purj^ose, the re- turning officer shall, whenever it is practicable so to do, instead of erecting a booth, hire a building or room for the purpose of taking the poll : "N^Tiere in anj^ place there is any room the expense of maintaining which is payable out of any rates levied in such place, such room may, with the consent of the person or corporation having the control over the same, be used for the purpose of taking the i^oll at such place. 38. The 47th and 48th sections of the act of the 6th year of the reign of her present Majesty, chapter 18, relating to the transmission and delivery of the book or books con- taining the lists of voters to the sheriff and returning officer, shall be construed as if the word " December " were substituted in those sections for the word " Novem- ber," and the said book or books shall be the register of persons entitled to vote for the county or borough to which such register relates at any election which takes place during the year commencing on the 1st day of January next after such register is made, and the register of electors in force at the time of the passing of this act shall be the register in force until the 1st day of January, 1868. 39. The oath to be taken by a poll clerk shall hereafter be in the following form : " I A.B. do hereby swear, that I will truly and indiffer- ently take the poll at the election of members to serve in parliament for the [borough or county] of " So help me GOD." Every person for the time being by law permitted to make a solemn affirmation or declaration instead of taking an oath may, instead of taking the oath hereby appointed, make a solemn affii'mation in the form of the oath hereby appointed, substituting the words " solemnly, sincerely, and truly declare and affirm " for the word " swear," and omitting the words " So help me God." 40. The 36th section of the act of the 2nd year of Ejng William the Fourth, chapter 45, disqualifying persons in receipt of parochial relief from being regis- tered as voters for a borough, shall apj^ly to a countj' also, and the said section shall be construed as if the word "county " were inserted therein before the word " city ; " boroughs to the poll illegal, except as herein named. Eooms to be hired for taking polls wher- ever they can be obtained. Alteration as to time for de- livery of lists and com- mence- ment of register of voters. Oath or affirma- tion, &c. to be taken by poll clerks. Eeceipt of parochial relief to apply to coimties a.s well as boroughs. 118 APPENDIX. Vice- chancellor of univer- sity of London to be the re- turning officer. Elections for univer- sity of London to bo within six days after re- ceipt of writ, three clear days notice being giveu. Polling at university of London may con- tinue five days. Power to vice- chancellor to appoint polling place, pro- vice- chan- ccUors, and poll clerks, to conduct the i)oll in the uni- versity of London. Provisions of 24 & 25 Vict. c. 53, as to vot- ing papers to ajijily to university of London. and the overseers of every parisli shall omit from the lists m.ade out by them of persons entitled to vote for the borough and county in which such parish is situate the names of all persons who have received parochial relief within twelve calendar months next previous to the last day of July in the year in which the Hst is made out. Election in University of London. 41. The vice-chancellor of the imiversity of London shall be the returning officer for such university, and the writ for any election of a member to serve in parliament for such university shall be directed to such vice-chan- cellor. 42. The vice-chancellor of the university of London shall proceed to election, in pursuance of any writ to be directed to hini as hereinbefore mentioned, within six days after the receipt of such writ, giving three clear days notice of the day and place of election, exclusive of the day of proclamation and the day of election ; and the vice-chancellor shall after such election certify the same, together with such writ, according to the directions thereof. 43. At every contested election of a member or mem- bers to serve in parliament for the university of London the polling shall commence at eight o'clock in the morn- ing of the day next following the day fixed for the elec- tion, and may continue for not more than five days (Sunday, Christmas Day, Ascension Day, and Good Priday being excluded), but no poll shall be kept open later than four o'clock in the afternoon. 44. At every election of a member to serve in parlia- ment for the university of London the vice-chancellor shall appoint the polling place, and also shall have power to appoint two or more pro-vice-chancellors, any one of whom may receive the votes and decide upon all ques- tions during the absence of such vice-chancellor ; and such vice-chancellor shall have power to appoint poll clerks and other officers, by one or more of whom the votes may be entered in the jjoll book, or such number of poll books as may be judged necessary by such vice- chancellor ; and such vice-chancellor shall, not later than two o'clock in the afternoon of the day next following the close of the poll, openly declare the state of the poll and make proclamation of the member chosen. 45. All the i:)rovisions of an act passed in the 24th and 2jth years of her present Majesty, entitled "An Act to provide that votes at elections for the universities may be recorded by means of voting j^apers," shall apply to every election of a member for the university of London. THE REPRESENTATION OF THE PEOrLE ACT, 1867. 119 46. So miicli of tlio 27th and 32nd sections of the act of the 2n(l year of tho reign of Iving William the Fourth, chapter -io, and of tho 79th section of the act of the 6th year of the reign of her i^reseut Majesty, chapter 18, as relates to the residence of electors within seven miles of any city or borough, shall be repealed in respect to electors otherwise qualified to be registered and to vote for members to serve in j^arliament for the city of London : Provided alwaj-s, that no person shall be registered as an elector for the said city unless ho shall have resided for six calendar months next previous to the last day of July in any j^ear, nor be entitled to vote at any election for the said city unless ho shall have ever since the last day of July in tho j'ear in which his name was inserted in the register then in force have resided, and at the time of voting shall have continued to reside, within the said city, or within twenty-five miles thereof or any part thereof. Residence of electors for tho city of London extended to twenty- five miles. 3IisceUa7ieot(s. 47. In any borough named in Schedules (B.) and (C.) to this act annexed, which is or includes a raunicipal borough, the maj-or of such municipal borough shall bo tho returning officer, and in the other cases the returning officer shall be appointed in the same manner as if such places were included amongst the boroughs mentioned in Schedules (C.) and (D.) of the act of the 2nd year of his late Majesty William the Fourth, chajiter 4o, for which no persons are mentioned in such schedules as returning officers. 48. The following persons, that is to say, the right honourable Lord Viscount Eversley, the right honourable Eussell Gurncy, Sir John Thomas Buller Duckworth, baronet, Sir Francis Crossley, baronet, and John Walter, esquire, of whom not less than three shall be a quorum, shall be appointed boundary commissioners for England and Wales, and they shall, immediately after the passing of this act, proceed, by themselves or by assistant com- missioners ajipointed by them, to inquire into the temj30- rary boundaries of every boi'ough constituted by this act, with power to suggest such alterations therein as they may deem expedient. They shall also inquire into the bovmdaries of every other borough in England and Wales, excejit such boroughs as are wholly disfranchised by this act, with a view to ascertain whether tho boundaries should be enlarged, so as to include within the limits of tho borough all premises which ought, duo regard being had to situation or other local circumstances, to be included therein for the purpose As to returning officers in new boroughs. Appoint- ment of boundary commis- sioners, who may ajjpoint assistant commis- sioners, to examine boundaries of bo- roughs constituted by this act, and all other boroughs, and divi- sions of counties as constituted 120 APPENDIX. by this act, and report if enlarge- ment necessary. Corrupt payment of rates to be punishable as bribery. Returning officer, &c. acting as agent guilty of misde- Not neces- sary to dissolve parliament on any future demise of the crown. of conferring upon the occupiers thereof the parliamentary franchise for such borough. They shall also inquire into the divisions of counties as constituted by this act, and as to the places appointed for holding courts for the election of members for such divi- sions, with a view to ascertain whether, having regard to the natural and legal divisions of each county, and the distribution of the population therein, any and what alte- rations should be made in such divisions or places. The said commissioners shall, with all practicable des- patch, rejiort to one of her majesty's principal secretaries of state upon the several matters in this section referred to them, and their report shall be laid before parliament. The commissioners and assistant commissioners so ap- pointed shall give notice, by public advertisement, of their intention to visit such counties and boroughs, and shall appoint a time for receiving the statements of any persons who may bo desirous of giving information as to the boundaries or other local circumstances of such counties and boroughs, and the said commissioners or assistant commissioners shall by personal inspection, and such other means as the commissioners shall think necessary, possess themselves of such information as will enable the commis- sioners to make such report as herein mentioned. 49. Any person, either directly or indirectly, corru.ptly paying any rate on behalf of any ratej^ayer for the pur- pose of enabling him to be registered as a voter, thereby to influence his vote at any future election, and any candi- date or other person, either directly or indirectlj^ paying any rate on behalf of any voter for the jiurpose of inducing him to vote or refrain from voting, shall be guilty of bribery, and be j^unishable accordingly; and any person on whose behalf and with whose privity any such pay- ment as in this section is mentioned is made shall also be guilty of bribery, and punishable accordingly. 50. No returning officer for any county or borough, nor his deputy, nor any partner or clerk of either of them, shall act as agent for any candidate in the management or conduct of his election as a member to serve in parlia- ment for such covinty or borough ; and if any returning officer, his deputy, the j^artncr or clerk of either of them, shall so act, he shall be guilty of a misdemeanor. 51. Whereas great inconvenience may arise from the enactments now in force limiting the duration of the par- liament in being at the demise of the crown : Be it there- fore enacted, that the parliament in being at any future demise of the crown shall not be determined or dissolved by such demise, but shall continue so long as it would THE HErRESEM'ATlON OF THE TEOl'LE ACT, 1867 121 have continued but for such demise, unless it should be sooner prorogued or dissolved by the crown, anything in the act passed in the 6th year of her late Majesty Queen Anne, chapter 7, in any way notwithstanding. 52. AYhercas it is expedient to amend the law relating to offices of profit the acceptance of which from the crown vacates the seats of members accepting the same, but does not render them incapable of being re-elected : Be it enacted, that where a person has been returned as a member to serve in parliament since the acceptance by him from the crown of any office described in Schedule (H.) to this act annexed, the subsequent acceptance by him from the crown of any other office or offices described in such schedule in lieu of and in immediate succession the one to the other shall not vacate his seat. 53. Any copy of any of the said reports by the said commissioners appointed for the purpose of making in- quiry into the existence of corrupt practices in any of the said boroughs of Totnes, Great Yarmouth, Lancaster, or Eeigate, with the schedules thereof annexed, and purport- ing to be printed by the queen's printer, shall for the pur- poses of this act be deemed to be sufficient evidence of any such report of the said commissioners, and of the schedules annexed thereto. 54. AVhere separate registers of voters have been directed to be made in respect of the divisions of the borough and counties divided by this act into two divi- sions only, if a vacancy take place in the representation of the said county or borough before the summoning of a futiu'e parliament, and after the completion of such sepa- rate registers, siich last-mentioned registers shall, for the purpose of any election to fill up such vacancy, be deemed together to form the register for the boroiigh or county ; and in the case of a county divided into more than two divisions, the clerk of the peace shall, from the sejoarate registers, make out a register of voters for the county or original division of the county in which the election may be about to take place, in the same manner as if no new division or divisions of such county had been made by this act. 55. Nothing in this act contained shall affect the rights of persons whose names are for the time being on the register of voters for any county in which the boroughs constituted by this act are situate to vote in any election for such county in respect of any vacancy that may take place before the summoning of a future parliament, but Members holding offices of profit from the crown, as in Sche- dule (H.), not re- quired to vacate their seats on accept- ance of another office. Copy of reports of commis- sioners as to bo- roughs herein named, and printed by Queen's printer to be evi- dence. Provision in case of separate registers. Temporary provisions consequent on forma- tion of new boroughs. 122 APPENDIX. General saving. As to issue of writs to county palatine of Lancaster. after such summoning no person shall be entitled to be registered as a voter, or to vote in any election for any such, county, who would not be entitled to be so regis- tered, or to vote in case the qualifications held by him were situate in a borough other than one constituted by this act. In the case of a parish wholly or partly situate within the limits of a borough constituted by this act, the re- vising barrister, in revising at any time before the sum- moning of a future parliament the list of voters for the county in which such parish is situate, shall write the word "borough" opposite to the name of each voter whose qualification in respect of the premises described in the list would not, after the summoning of a future par- liament, entitle such voter to vote for the county ; and at any election taking place after the summoning of a future parliament the vote of every person against whose name the word " borough" is written, if tendered in respect of such qualification, shall be rejected by the returning officer. 56. The franchises conferred by this act shall be in addition to and not in substitution for any existing fran- chises, but so that no person shall be entitled to vote for the same place in resjiect of more than one qualification ; and, subject to the provisions of this act, all laws, customs and enactments now in force conferring any right to vote, or otherwise relating to the representation of the people in England and Wales, and the registration of persons en- titled to vote, shall remain in full force, and shall apply, as nearly as circumstances admit, to any person hereby authorized to vote, and shall also apply to any constituency hereby authorized to return a member or members to par- liament, as if it had heretofore returned such members to parliament and to the franchises hereby conferred; and to the registers of voters hereby required to be formed. 57. From and after the passing of this act, the county palatine of Lancaster shall cease to be a county palatine, in so far as respects the issue, direction and transmission of writs for the election of members to serve in parliament for any division of the said county, or for any borough situate in the said county ; and such writs may be issued under the same seal, be directed to the like officer, and transmitted in the like manner, under, to, and in which writs may be issued, directed and transmitted in the case of divisions of counties and boroughs not forroing part of or situate in a county palatine ; and any writ issued, THE REPRESENTATION OF THE PEOPLE ACT, 1867. 123 directed and transmitted in manner directed by this sec- tion shall bo valid accordingly. 58. All i;\rrits to be issued for the election of members to servo in parliament, and all mandates, precepts, in- struments, proceedings and notices consequent upon such writs, or relating to the registration of voters, shall bo framed and expressed in such manner and form as may be necessary for the carrying the provisions of this act into effect. 69. This act, so far as is consistent with the tenor thereof, shall be construed as one with the enactments for the time being in force relating to the representation of the people and with the registration acts ; and in construing the provisions of the 24th and 25th sections of the act of the 2nd year of King William the Fourth, chapter 45, the expressions "the provisions hereinafter contained," and " as aforesaid," shall be deemed to refer to the provisions of this act conferring rights to vote as well as to the provisions of the said act. 60. Notwithstanding anything in this act contained, in the event of a vacancy in the representation of any con- stituency, or of a dissolution of parliament taking place, and a writ or writs being issued before the 1st day of January, 1869, for the election of members to serve in the present or any new parliament, each election shall take place in the same manner in all respects as if no alteration had been made by this act in the franchises of electors, or in the places authorized to return a member or members to serve in parliament, A^dth this exception, that the boroughs by this act disfranchised shall not be entitled to return members to serve in any such new parliament. 61. The following terms shall in this act have the meanings hereinafter assigned to them, unless there is something in the context repugnant to such construction ; (that is to say,) " Month" shall mean calendar month : " Member" shall include a knight of the shire : "Election" shall mean an election of a member or members to serve in parliament : "County" shall not include a county of a city or county of a town, but shall mean any county, riding, parts or divisions of a county returning a member or members to serve in i)arliament : "Borough" shall mean any borough, city, place, or combination of places, not being a county as here- inbefore defined, returning a member or members to servo in parliament : Writs, &c. to he made conform- able to this act. This act, as far as con- sistent, to be con- strued with enact- ments now in force. In event of dissolution of Parlia- ment be- fore Jan. 1, 1869, elec- tions to take place as hereto- fore, ex- cept as to boroughs disfran- chised. Interpre- tation of terms : "Month: "Mem- ber:" "Elec- tion:" "County: "Bo- rough :" 124 ATPEXDIX. "Dwelling- house:" "The Ee- gistration Acts." " DwoUing-liouse " shall include any part of a house occupied as a separate dwelling, and separately rated to the relief of the poor : " The registration acts" shall mean the act of the 6th year of the reign of her present Majesty, chapter 18, and the act of the 28th year of the reign of her present Majesty, chapter 36, and any other acts or parts of acts relating to the registration of persons entitled to vote at and proceedings in the election of members to serve in parliament for England and Wales. SCHEDULES. SCHEDULE (A.) Boroughs to return One Memhcr only in future Parliaments. Honiton. Thetford. Wells. Evesham. Marlborough. Harwich. Richmond. Lymington. Chippenham. Bridport. Stamford. Chipping Wycombe. Poole. Knaresborough. Andover. Leominster. Tewkesbury. Ludlow. Ripon. Huntingdon. Maiden. Buckingham. Newport (Isle of Wight). New Malton. Tavistock. Lewes. Cirencester. Bodmin. Great Marlow. Devizes. Hertford. Dorchester. Lichfield. Cockermouth. Bridgnorth. Guildford. Chichester. Windsor. THE REPRESENTATION OF THE PEOPLE ACT, 1867. 125 SCHEDULE (B.) Xcir Boroughs. Comity. Places to be Boroughs. Temporary Contents or Boundaries. Middlesex .... Chelsea Parishes of Chelsea, Fulham, Ham- mersmith, Kensington. Durham Darlington . Townships of Darlington, Haughton- le-Skerne, Cockerton. TheHartle- Municipal Borouy'h of Hartlepool. pools. Townships of Throston, Stranton, Sea- ton Carew. Stockton . . Municipal Borough of Stockton, and the Township of Thornaby. Kent Gravesend . Parishes of Grravesend, Milton, North- fleet. Lancashire . , Burnley . . Townships of Burnley, Habergham Eaves. Lancashire and Staleybridge Municipal Borough of Staleybridge. Re- CsESHmE. maining Portion of Township of Du- kinfield. Township of Stalley. The District of the Local Board of Health of Mossley. Staffordshire . "Wednesbury Parishes of Wednesbury, West Brom- wich, Tipton. Yorkshire, Middles- Township of Linthorpe, and so much of North Riding borough. the Townships of Middlesborough, Ormesby, and Eston as lie to the north of the road leading from Eston to- wards Yarm. Do. West Dewsbury . The TowTiships of Dewsbury, Batley, Riding. Soothill. SCHEDULE (C). Keiv Boroughs formed by Division of the Borough of the Tower Samlets. Name of Borough. Places comprised in the Borougli. Borough of Tower Hamlets <; The Parish of St. George's-in-thc-East. The Hamlet of Mile End Old Town. The Poplar Union. The Stepney Union. I The Whitecha])cl Union. (^ The Tower of London. The Parish of St. John, Hackney. Borough of Hackney { The Parish of St. Matthew, Bethual Green. The Parish of St. Leonard, Shoreditch. 126 APPENDIX. SCHEDULE (D.) Counties to be divided. Name of County to be di%-ided. Cheshire Deebyshiee Devonshire Division. North Che- shire. Mid Cheshire. South Che- shire. North Derby- shire. South Derby- shire. East Derby- shire. North Devon- shire. East Devon- shire. South Devon- shire. Parts temporarily comprised in such Division. Places tempo- rarily appointed ior holding Courts for Election of Members. The Hundi-ed of Maccles- field. The Hundreds of Bucklow, and Northwich. The Hundreds of Broxton, Eddisbury, Nantwich, and Wirrall, and also the City and County of the City of Chester. The Hundred of High Peak, and the Wapentake of Worksworth. The Hundreds of Rcpton and Gresley, Morleston and Litchurch, and Ap- pleti-ee. The Hundred of Scarsdale. The Hundreds of Bampton, Braunton, Crediton, Fre- mington, Halberton, Hartland, Hayridge, He- myock, North Tawton, Shebbear, Sherwill, South Molton, Tiverton, Wink- leigh, "Witheridge, and West Budleigh. The Hundreds of Axminster, Cliston, Colyton, East Budleigh, Exminster, Ottery St. Mary, lliiytor, Teignbridge, and also the Castle of Exeter and the Hundred of Wonford, ex- cept such parts of the Hundred as are included in the Limits of the City and County of Exeter by the 2 & 3 Will. 4, c. 64. The Hundreds of Black Tor- rington, Ennington, Lif- ton , Plympton , Roborough, Stanborough and Cole- ridge, and Tavi.-itock. Macclesfield. Knutsford. Chester. Bakewell. Derby. Chesterfield. South ton. Mol- Castle Exeter. of Plymouth. THE REPRESENTATION OF THE PEOPLE ACT, 1867. 127 Name of County to he divided. Essex . West Kent . NoETH Lan- CASHIEE. South Lan- CASUIKE. Lincoln . Division. North West Essex. North East Essex. South Essex . , West Kent , . Mid Kent .... North Lanca- shire. North East Lancashire. South East Lancashire. South West Lancashire. North Lin- coliLshire. Mid Lincoln- shire. Parts temporarily comprised in such Division. The Hundreds of Fresh well, Uttlesford, Clavering', Dunmow, Harlow, Wal- tham, Ongar, andChelms- ford. The Hundreds of Hinck- ford, Lexden, Tendring', Winstree, Witham, Tbur- stable, and Dengie. The Hundreds of Becontree, Chafford, Barstable, and Rochford, with the Liberty of Havering. The Lathe of Sutton at Hone. Remainder of the Division. The Hundreds of Lonsdale, Amoundernes.s, and Ley- land. The Hundred of Blackburn The Hundred of Salford . . The Hundi'ed of West Derby The Wapentakes, Himdreds, or Sokes of Manley, Yar- borough, Bradley Haver- stoe, Ludborough, Walsh- croft, Aslacoc, CoiTing- ham, Louth Eske, and Calceworth, so much as lies within Louth Eske. The Wapentakes, Hundreds, or Sokes of Well, Lawress, Wraggoe, Gartree, Can- dleshoe, Calceworth, ex- cept so much as lies within the Hundred of Louth Eske, Hill, Bolingbroke, Honica.stlc, Boothby Graffoe, and Laugoe and Lincobi Liberty. Places tempo- rarily appointed for holding: Court.'? for Election of Members. Chelmsford. Braintree. Brentwood. Blackheath. Maidstone. Lancaster. Blackbiu-n. Manchester. Liverpool. Glanford Brigg. Lincoln. 128 APPENDIX. Name of County to be divided. Lincoln- — continued. NOEFOLK Somerset - SHIEE. Division. South Lin- colnsliire. West Norfolk North East Norfolk. South East Norfolk. East Somerset Parts temporarily comprised in such Division. The Wapentakes, Hundreds, or Sokes of Loveden, Flax- well, Aswardhum, Win- nibriggs and Threo, Ave- land, Beltisloe, Ness, Grantham Soke, Skir- beck, Kirton, and Hol- land Elloe. The Hundreds of Wavland, Launditch, South Green- hoe, Gallow, Brothercross, Smithdon, Freebridge Lynn, Freebridge Marsh- land, Clackclose, and Grimshoe. TheHundredsofEastFlegg, West Flegg, Happing, Tunstead, Erpingham (North), Erpingham (South), Eynsford, Holt, and North Greenhoe. The Hundreds of Walsham, Blofield, Henstead, Hum- bleyard, Loddon, Claver- ing. Diss, Deepwade, Eai'sham, GuUtcross, Shropham, Taverham, Forehoe, and Mitford. The existing Sessional Di- visions of Long Ashton, Keynsham, Weston, Ax- bridge and Temjile Cloud, as established by virtue of the Order of Her Ma- jesty's Justices of the Peace for the County of Somerset, and also all such other places in the said County as are locally situated within or are sur- rounded by the said Ses- sional Divisions, or any of them, and are not men- tioned in the said Order. Places tempo- rarily appointed for holding Courts for Election of Members. Sleaford. Swaffham. Aylsham. Norwich. Bath. THE REPRESENTATION OF THE TEOPLE ACT, 1867. 129 Name of County to bo di\-ided. SOSIEESET- siiiKE — coni. Parts temporarily comprised in such Divisiou. Mid Somerset West Somer- set. Stafford - sniKE. North Staf- fordshire. West Stafford- shire. East Stafford- shire. The existing Sessional Divi- sions of Crewkerne, Yeo- vil, Somerton, Shepton Mallet, Wincanton, Wells, Frome, and Kilmersdon, as established by virtue of the Order of Her Ma j esty ' s Justices of the Peace for the said Coiinty of Somer- set, and also all such other Places in the said County as are locally situated within or are surrounded by the said Sessional Divi- sions, or any of them, and are not mentioned in the said Order. The existing Sessional Divisions of Duuster, Dulverton, Williton, Wiveliscombe, Bishop's Lydeard, Wellington, Taunton, Bridgwater, and Ilminster, as esta- blished by virtue of the Order of Her Majesty's Justices of the Peace for the said County of Somer- set, and also all such other Places as are locally situ- ated within or are sur- rounded by the said Ses- sional Divisions, or any of them, and are not men- tioned in the said Order. The Hundreds of Totmons- low and Pirchill, North. The Hundreds of Pireliill, South Cuttlestone, and Scisdon. The Hundreds of Offlow (North), Offlow (South). Places tempo- rarily appointed for holding Courts for Election of Members. Wells. Taunton. Stoke-upon- Trcnt. Stafford. Lichfield. 130 APPENDIX. Name of County to be divided. East Sueeey. yoekshiee, West Elding Division. East SuiTey - Mid Surrey - Northern Di- vision. MicI-Di\dsion. Southern Di- Parts temporarily comprised in such Division. The Hundred of Tandridge, and so much of the Hun- dred of Wallington as includes and lies to the East' of the Parishes of Croydon and Sanderstead, and so much of the Hun- dred of Brixton as in- cludes and lies to the East of the Parishes of Streat- ham, Claj^ham, and Lam- beth. The Remainder of the pre- sent Division. The Hundreds of Ewecross and Staincliffe, Clai'o, Skyi'ack, Barkstone Ash, and Osgoldcross. The Hundred of Morley. The Hundreds of Agbrigg, StrafForth and Tickhill, and Staincross. Places tempo- rarily appointed for holding- Courts for Election of Members. Croydon. Kingston - upon- Thames. Leeds. Bradford. Wakefield. SCHEDULE (E.) To A. B. City ^or borough of] Take notice, that you will not be entitled to have yoiu' name inserted in the list of voters for this city l_or borough] now about to be made in respect of the premises in your occupation in \_s/rcci or 2}J«cc~\ imless you pay on or before the 20th day of July next all the poor rates which have become due from you in respect of such premises up to the 5th day of January last, amounting to £, , and if you omit to make such payment you will be incapable of being- on the next register of voters for this city [or borough]. Dated the dav of June, 18 . C. D. ) ^ •g -p > Overseers, G.H, i Assistant \ Overseer, I. K. Collector. THE REPRESENTATION OF THE PEOPLE ACT, 1867. 131 SCHEDULE (G.) Fonii No. 1. Claim of Lodger. Borough of To the overseers of the parish of I hereby claim to be inserted in the list of voters in resiDect of the occupation of the iindermentionod lodgings, and the particulars of my qualification are stated in the columns below : Christian Name and Sui'name at full lenffth. Profession, Trade, or Calling. Description of Lodgings. Description of House in whicli Lodgings situate, with Number, if any, and Name of Street. Name, Descrip- tion, and Residence of Landlord or other Person to whom Rent paid. I, the above-named , hereby declare that I have been during the twelve months immediately preceding the last day of July in this year, the occupier as sole tenant of the above-mentioned lodgings, and that I have resided therein dui-ing the twelve months immediately preceding the said la.st day of July, and that such lodgings are of a clear yearly value, if let unfumLshed, of ten pounds or upwards. Dated the day of Signature of claimant "Witness to the signature of the \ said , and I certify my f belief in the accuracy of the I above claim / Name of witness Residence and calling This claim must bear date the 1st day of August, or some day subse- quent thereto, and must be delivered to the overseers after the last day of July, and on or before the 25th day of August. k2 132 APPENDIX. Form No. 2. List of CJaima)its in respect of Lodgings to be jiicblished by the Overseers. The following persons claim to liavc their names inserted in the list of persons entitled to vote in the election of a member [or members] for the city [or borough] of : Christian Name and Surname of each Claimant at full length. Profession, Trade, or Calling'. Description of Lodgings. Description of House in which Lodgings situate, with Number, if any, and Name of Street. Name, Descrip- tion, and Eesidence of Landlord or other Person to whom Rent paid. (Signed) A. B. \ Overseers CD. of, E. F. ) i-c. SCHEDULE (H.) Offices of Profit referred to in this Act. Lord High Treasurer ; Commissioner for executing the offices of Treasurer of the Exchequer of Great Britain and Lord High Treasurer of Ireland ; President of the Privy Council ; Vice-President of the Com- mittee of Council for Education ; Comptroller of her Majesty's Household ; Treasurer of her Majesty's Household ; Vice-Chamberlain of her Majesty's Household ; Equeriy or Groom in Waiting on her Majesty ; Any prin- cipal Secretary of State ; Chancellor and Under Treasurer of her Majesty's Excheqiier ; Paymaster General ; Postmaster General ; Lord High Ad- miral ; Commissioner for executing the office of Lord High Admiral ; Commissioner of her Majesty's Works and Public Buildings ; President of the Committee of Privy Council for Trade and Plantations ; Chief Secretary for Ireland ; Commissioner for administering the Laws for the Eclief of the Poor in England ; Chancellor of the Duchy of Lancaster ; Judge Advocate General ; Attorney General for England ; Solicitor General for England ; Lord Advocate for Scotland ; Solicitor General for Scotland ; Attorney General for Ireland ; Solicitor General for Ireland. ( 133 ) THE EEPEESENTATION OF THE TEOPLE (SCOTLAND) ACT, 18G8. 31 & 32 Vict. c. 48. An Act for the Amendment of the Representation of the People in Scotland. [13tli Jiily, 1868.] AVnEEEAS it is expedient to amend the laws relating to the representation of the people in Scotland : 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 j)arliament assembled, and by the authority of the same, as follows : 1. This act shall be cited for all purposes as "The Short title. Eepresentation of the People (Scotland) Act, 1868." 2. This act shall apply to Scotland only, except in so Applica- far as it provides that certain boroughs in England shall *^°^ °^ ^'^*' cease to return members to serve in parliament. PAET I. Fbanchises. 3. Every man shall, in and after the year 1868, be en- Occupa- titled to be registered as a voter, and, when registered, to ^^^'P- ^^.^^' vote at elections for a member or members to serve in ^ota-s in jjarliament for a burgh, who, when the sheriff proceeds -bui-o-iis. to consider his right to be inserted or retained in the register of voters, is qualified as follows ; that is to say, 1. Is of full age, and not subject to any legal incapacitj^ ; and 2. Is, and has been for a period of not less than twelve calendar months next preceding the last day of Julj', an inhabitant occupier as owner or tenant of any dwelling house within the burgh : Provided that no man shall under this section be entitled to bo registered as a voter who, at any time dming the said joeriod of twelve calendar months, shall have been exempted from payment of poor rates on the ground of inability to pay ; or who shall have failed to paj', on or before the 1st day of August in the present or the 20th day of June in any subsequent year, all poor rates (if any) that have become paj'ablo by him, in respect of said dwelling house or as an inhabitant of any parish in said burgh, up to the preceding loth day of May ; or who shall have been in the receipt of parochial relief within the twelve calendar months next preceding the said last day of Jul}' : Provided also, that no man shall under this section be entitled to be registered as a voter bj' reason of his being a joint occupier of any dwelling house. 134 APPENDIX. Lodger franchise for voters in burghs. Ownership franchise for voters in counties. Occupa- tion fran- chise for voters in counties. 4. Every man shall in and after the year 1868 be en- titled to be registered as a voter, and, wben registered, to vote for a member or members to serve in parliament for a burgh, who is qualified as follows ; (that is to say,) 1 . Is of full age and not siibject to any legal incapacity ; and 2. As a lodger has occupied in the same burgh sepa- rately, and as sole tenant for the twelve months preceding the last day of July in any year, lodgings of a clear yearly value, if let imfurnished, of lOl. or upwards ; and 3. Has resided in such lodgings during the twelve months immediately preceding the last day of July, and has claimed to be registered as a voter at the next ensuing registration of voters. 5. Every man shall, in and after the year 1868, be en- titled to be registered as a voter, and, when registered, to vote at the election of a member or members to serve in parliament for a county, who, when the sheriff proceeds to consider his right to be inserted or retained on the register of voters, is qualified as follows ; that is to say, 1. Is of full age, and not subject to any legal incapacity ; and 2. Is, and has been for a j^eriod of not less than six calendar months next preceding the last day of July, the proprietor (whether he has made up his titles, or is infeft, or not) of lands and heritages, the 5'earlj^ value of which, as api^earing from the valuation roll of the county, shall be ol. or upwards, after deduction of any feu duty, ground annual, or other annual consideration which he may be bound to pay or give or account for as a condition of his right, and after deduction of any annuitj-, life-rent provision, or such other annual burden. 6. Every man shall be entitled to be registered as a voter, and, when registered, to vote at elections for a member to serve in parhament for a county, who, when the sheriff' proceeds to consider his right to bo inserted or retained in the register of voters, is qualified as follows ; that is to say, 1. Is of full age and not subject to any legal incapacity; and 2. Is, and has been during the twelve calendar months immediately preceding the last day of July, in the actual i^ersonal occupancy as tenant of lands and heritages within the countj' of the annual value of 14/. or iqiwards, as appearing on the valuation roll of such county: Provided that no man shall under this section bo entitled REPRESENTATION OF TEOrLE (sCOTLANd) ACT, 1868. 135 to be registered who, at any time during the said jieriod of twelve calendar mouths, shall have been exempted from payment of poor rates on the ground of inabilitj^ to paj- ; or who shall have failed to pay, on or before the 1st day of August in the present or the 20th day of June in any subsequent year, all poor rates (if any) that have become payable by him in respect of said lands and heritages uj) to the preceding 15th day of May; or who shall have been in the receipt of parochial relief within twelve calendar months next preceding the said last day of July. 7. At a contested election for the City of Glasgow no person shall vote for more than two candidates. 8. No elector who, within six months before or during any election for any county or burgh, shall have been retained, hii-ed, or emjiloyed for all or any of the purposes of the election for reward by or on behalf of any candidate at such election as agent, canvasser, clerk, messenger, or in other like employment, shall bo entitled to vote at such election ; and if he shall so vote, he shall be guilty of a crime and ofience. PAET II. DiSTEIBUTION OF SeATS. 9. In all future parliaments the Universities of Scot- land shall return two members to serve in parliament ; the city of Grlasgow shall return three members to serve in parliament ; and the town of Dundee, and the counties of Lanark, Ayr, and Aberdeen, shall each return two members to serve in parliament ; and one of the members for the universities of Scotland shall be returned jointly by the University of Edinburgh and the University of St. Andrews ; and the other of such members shall bo returned jointly by the University of Glasgow and the University of Aberdeen. 10. From and after the end of the present j^-irliament the county of Selkirk shall cease to return a member to servo in parliament, and the county of Peebles shall cease to return a member to serve in parliament, and the said counties shall jointly return one member to serve in parliament ; and the burghs and towns of Hawick, Gala- shiels, and Selkirk, specified in Schedule (A.) hereto annexed, shall be constituted into a district of burghs, and such district shall return one member to serve in parliament. 11. Prom and after the end of the present parliament each county named in the first column of Schedule (B.) to this act annexed shall be divided into two divisions named in the second column of the said schedule; and, until otherwise directed by parliament, each of such divisions Restriction on number of votes in Glasgow. Electors employed for reward within six mouths of au election not to vote. New seats for the universi- ties of Glasgow and Dun- dee, aud counties of Lanark, Ayr, aud Aberdeen. Counties of Selkirk and Pee- bles to be united, and new dis- trict of burghs to return one member. Certain couutics to bo divided, and each division to return a member. 136 APPENDIX. Eegisters of voters to he formed for uew burghs and divisions of counties. shall consist of the parishes mentioned in the third column of the said schedule ; and each of such divisions shall in all future parliaments return one member to serve in parHament, in the same manner as if each such division were a separate countJ^ 12. Registers of voters shall bo formed in and after the year 1868, notwithstanding the continuance of the present parliament, for and in respect of the divisions of counties constituted under this act, in like manner as if such divi- sions had previously to the passing of this act been sepa- rate counties returning members to serve in parliament ; and also for and in respect of the burghs constituted by this act in like manner as if before the passing of this act they respectively had been burghs returning or contribut- ing to return members to serve in parliament. Successive occupancy. Life- renters. Joint owners and joint occui)auts. PAET III. Supplemental Peovisions. Incidents of Franchise. 13. Different premises occupied in immediate succes- sion by any person as owner or tenant during the twelve calendar months next previous to the last day of July in any year shall have the same effect in qualifying such l^erson to vote for a burgh or county respectively as a continued occupancy of the same premises in the manner herein provided : and this provision shall apply to the successive occui^ancy of premises in counties of the annual value of oOl. and upwards, as well as to premises which for the first time under this act aft'ord the qualification for the franchise. 14. In a county where two or more persons are in- terested as liferenter and as fiar in any lands and heri- tages to which a right of voting is for the first time attached by this act, the right to be registered and to vote shall be in the liferenter, and not in the fiar : and where any such lauds and heritages shall be owned, held, or occupied by more persons than one as joint owners, whether in fee or in liferent, or as joint tenants and joint occupants of the same, as the case may be, each of such joint owners shall be entitled to be registered and to vote, provided his share or interest in the said lands and heri- tages is of the annual value of 51. as before sijecificd, but not otherwise; and each of such joint tenants and joint occupants shall in like manner be entitled to bo registered and to vote, provided the annual value of the said lands and heritages, as ajipearing on the valuation roll, held and occupied by them shall be sufficient, when REPRESENTATION OF TEOPLE (sCOTLAND) ACT, 1868. 13: divided by the number of such, joint tenants and joint occui3ants, to give to eacli of tlieni a sum of not less than 14/., but not otherwise : provided alwaj's, that no greater number of persons than two shall be entitled to be regis- tered as joint owners or joint tenants of the same lands and heritages unless their shares or interests in the same shall have come to them by inheritance, marriage, marriage settlement, or mortis causa convej-ance, or unless such joint owners or joint tenants shall be bond fide engaged as partners carrying on trade or business in or on such lands and heritages: provided also, that husbands shall Husbands be entitled to be registered and to vote in respect of lands ^^ right of and heritages as aforesaid belonging whether in fee or in liferent, to their wives, or owned or possessed by such husbands after the death of their wives by the coiu'tesy of Scotland. their wives. Valuation Rolls. 15. In every future valuation roll to be made up in any burgh, under the provisions of the valuation acts in force for the tinie, or under the provisions of this act, the assessor shall be bound to specify separately each dwelling house, and to ascertain and enter the j^early rent or value of the same, and also to enter the name and designation of the proprietor or reputed proprietor thereof , and, where there are tenants or occupiers, the names and designations of all such tenants and occui)iers. 16. In every future valuation roll to be made up in any county the assessor, in addition to the particulars which by the acts last mentioned are required to be ascertained by him, shall also ascertain and enter in such roll the amount of feu duty, ground annual, rent, or other yearly consideration payable as a condition of his right by every proprietor of any lands or heritages entered in such roll as of the yearly rent or value of .V. or upwards, and the name of the person to whom the said consideration is pay- able ; and in order to the ascertainment of the particulars hereinbefore siiecilicd, it shall be lawful for the assessor to call upon any proprietor or tenant for receipts or other written evidence of the amount of such feu duty, ground annual, or other consideration, and such proprietor or tenant shall be bound to furnish and deliver such evidence to the assessor under the same jienalty in case of failure or of false statement as is provided in similar cases by the act 17th and l.Sth Victoria, chai)ter 1)1 ; and it shall also be lawful for the assessor to exercise all the powers which, under the said act, he may lawfully exercise for the purposes thereof. Dwelling houses to be sijecially entered in valuation rolls. Valuation rolls in counties to contain certain additional particu- lars. 138 APPENDIX. Provision for claims by persons improperly or erro- neously exempted from pay- ment of poor rates. Poor rate to be de- manded. Collector wilfully neglecting to do so punish- able. 17. Where the name of any person, otherwise entitled to the franchise for any burgh or county, has in any year been omitted from the list of voters i^rejiared by the assessor for such burgh or county on the ground that he has during the twelve calendar months preceding the last day of July in such year been exempted from payment of poor rates on account of inability to pay, it shall be comi^etent for such person to give notice to such assessor of his claim to have his name entered in the register of voters for such burgh or county in the manner provided in the registration acts, and such claim shall be pub- lished and may bo objected to in the manner provided in the said acts ; and the sheriff shall dispose of the said claim, and if it shall be proved to his satisfaction that the person claiming has been improperly or erroneously ex- empted from payment of the said jDoor rates, and that he has on or before the 1st day of August in the present or the 20th day of June in any subsequent year paid or ten- dered payment of the amount of poor rates, from payment of which he was improj^erly or erroneously exempted as aforesaid, the sherilf shall insert the name of such person in the register of voters for the burgh or county, as the case may be ; and the judgment of the sheriff sustaining or refusing the claim shall be liable to the appeal provided in the said registration acts, and generally the provisions of the said acts shall apply to the claims mentioned in this section and to all the proceedings following thereon. 18. Where any poor rate due from an occupier of premises to which a right of voting is for the first time attached by this act remains unpaid on the loth day of May in any year, the collector of poor rates for the parish in which such premises are situated shall, on or before the 2oth day of July in the present or the 1st day of June in any subsequent year, unless such rate has previo\isly been paid, or has been duly demanded by a demand note served in like manner as the notice in this section referred to, give or cause to be given a notice in the form set forth in Schedule (C. ) to this act, to every such occupier. The notice shall be deemed to have been duly given if delivered to the occupier, or left at his last or usual jilace of abode, or with some person on the j^remises in respect of which the rate is payable. Any collector of poor rate who shall wilfully withhold such notice with intent to keep such occupier off the list or register of voters for the burgh or county, as the case may be, shall be deemed guilty of a crime and offence. REPRESENTATION OF PEOPLE (sCOTLAND) ACT, 1868. 139 Registration of Voters. 19. Tlie following regulations sliall be observed "witb respect to the registration of voters : 1. The registration acts shall ap])ly to the registration of all persons on 'whom a right to bo registered and to vote is conferred for the first time by this act, in the same manner, and subject to the same regula- tions, as nearly as circumstances admit, in and subject to which they now apply to the registration of persons entitled at present to be registered and to vote ; and the said acts, and also the valuation acts, shall apply to all burghs and divisions of counties on which the right of returning or con- tributing to return a member to serve in parliament is by this act conferred : 2. The collector of poor rates in each parish shall, on or before the 3rd day of August in the present and first day of July in any subsequent year, deliver or send to the assessor for the burgh or county, as the case may be, a list in the Form in the Sche- dule (D.) hereunto annexed, or as near thereto as circumstances admit, and in the order as nearly as may be in which the names appear in the valuation roll of such burgh or county, as the case may be, duly certified by him, of all occupiei's of premises who have been, during the twelve calendar months preceding the last day of July in each year, ex- empted from payment of poor rates on the ground of inabilit}^ to pay, or who have failed to pay, on or before the 1st day of August in the present or the 20th day of June in anj^ subsequent year, all poor rates (if anj") that have become payable by them up to the preceding loth day of May, or who have been in the receipt of parochial relief within the twelve calendar months next preceding the last day of July in such year, and the assessor shall bo guided hj the said lists (which shall bo prima facie evidence of the correctness of the entries therein contained) in ascertaining the right of any person to bo inserted or retained in the register of voters : 3. Tho claim of every person desirous of being regis- tered as a voter for a member or members to serve for any burgh in respect of the occui:)ation of lodg- ings shall be in the Form No. 1 in Schedule (I.), or to the like effect, and shall have annexed thereto a declaration in the form, and be certified in tho manner, in the said schedule mentioned, or as near Eegistra- tion of voters. d.40 APPENDIX. thereto as circumstances admit ; and every such, claim shall, after the last day of July and on or before the 21st day of September in any year, be deHvered to the assessor of the burgh in which such lodgings shall be situate, and the particulars of such claim shall be duly published by such assessor on or before the 2oth day of September next ensu- ing in a separate list, according to the Form No. 2, in the said Schedule (I.) : 4. The provisions of the registration acts relating to the manner of publishing lists of claimants in burghs, and to the delivery of copies thereof to persons re- quiring the same, shall apply to every such claim and list ; and the provisions of the same acts with resjiect to the proof of the claims of persons omitted from the list of voters in burghs, and to objections thereto, and to the hearing thereof, shall, so far as the same are applicable, apply to claims and objections, and to the hearing thereof under this section : 5. Wherever any list or copy of a list other than a register for which paynnent is required and autho- rized by the act 19th and 20th Victoria, chapter 58, shall contain any number of persons names exceeding five thousand, the rate to be demanded and paid therefor shall be os., and for any- such list or copy of such list containing any number of persons names exceeding ten thousand the rate to be demanded and paid therefor shall be 10s. Alteration 20. Whereas in consequence of the increase of the of dates number of voters in burghs provided for by this act it is respecting necessary to alter certain of the dates in the prej^aration tfcm^iiT' ^^ ^-^^ register of voters in said burghs as provided for by burghs. the act 19 & 20 Vict. c. 58 : Be it enacted as follows : The 2nd section of the said recited act shall be read as if the words " 15th day of September" were substi- tuted for the words " 15th day of August," and the words " from the l(Jth to the 21st days of September " were substituted for the words " from the 16th to the 25th days of Aiigust " therein : The 3rd section of the said recited act shall be read as if the words "21st day of September " were substi- tuted for the words " 25th day of August" therein : The 4th section of the said recited act shall be read as if the words " 21st day of September" were substi- tuted for the words " 25th day^ of August " therein : The 5th section of the said recited act shall be read as if the words " 25th day of September " were substi- REPRESENTATION OF PEOPLE (sCOTLANd) ACT, 1868. 141 tuted for the words "1st day of September," and the words "between the 25tli day of September and the 1st day of October" were substituted for the words "during the first fourteen daj's of September" therein : The 6th section of the said recited act shall be read as if the words " l2Jth of September" were substituted for the words " 1st of September " therein : The Kith section of the said recited act shall bo read as if the words " loth of September " were substituted for the words " lOth day of August " therein : The 18th section of the said recited act shall be read as if the words " 2oth day of Sej^tember " were substi- tutued for the words " 1st day of Sej^tember " therein: The 19th section of the said recited act shall be read as if the words " 25th day of September " were substi- tuted for the words "1st day of September," and the words "the 16th day of October "were substituted for the words " the 1st day of October" therein : The 25th section of the said recited act shall be read as if the words " loth day of October" were substituted for the words " 30th day of September " therein : The 2Gth section of the said recited act shall be read as if the words " 16th day of October " were substituted for the words "1st day of October" therein : The 29th section of the said recited act shall be read as if the words " 15th day of October" were substituted for the words "30th daj- of September;" and the provision in the said section requiring the town clerk forthwith, after the 21st day of October in each year, to make all such corrections and alterations on the book therein mentioned as may be necessary to give effect to all decisions of the Court of Ajipeal, is hereby repealed. 21, Whereas in conseq^uence of the increase of the Alteration number of voters in counties provided for by this act it is of dates necessary to alter certain of the dates in the preparation respecting of the register of voters in counties, as provided for by the tfcm^u^' act of the 24th and 25th of Victoria, chaj)ter 83 : counties. Be it enacted as follows : The Sth section of the said recited act shall be read as if the words " 25th day of August" were substituted for the words " loth day of August," and the words " from the 26th day of August to the 4th day of September" were substituted for the words "from the 16th to the 25th days of August " therein : The 9th section of the said recited act shall bo read as if the words "4th day of September" were substi- tuted for the words " 25th day of August" therein : 142 APPENDIX. Appeals from deci- sions of sheriff in registra- tion court. The 10th section of the said recited act shall be read as if the words " 11th day of September" were substi- tuted for the words " 1st day of September," and the words " from the 12th to the 24th days of September " were substitu.ted for the words ' ' from the 2nd to the 14th days of September " therein : The 11th section of the said recited act shall be read as if the words "11th day of September " were substi- tuted for the words " Lst day of September " therein : The 20th section of the said recited act shall be read as if the words " 26th day of August and the 30th day of October" were substituted for the words " 16th day of August and the 21st day of October" therein : The 21st section of the said recited act shall be read as if the words "4th day of Sej^tember" were substituted for the words " 2oth day of August" therein : The 22nd section of the said recited act shall be read as if the words " 11th day of September" were substi- tuted for the words "1st day of September," and the words "4th day of Sej^tember" were substituted for the words " 25th day of August " therein : The 23rd section of the said recited act shall be read as if the words "11th day of Sejitember and the 11th day of October" were substituted for the words " 1st day of Sej^tember and the oth day of October" therein : The 24th section of the said recited act shall be read as if the words "11th day of September" were substi- tuted for the words " 1st day of September" therein: The 29th section of the said recited act shall be read as if the words " 11th day of October" were substituted for the words " oth day of October" therein : The 30th section of the said recited act shall be read as if the words " 11th day of October" were substituted for the words " oth day of October" therein. 22. All enactments at present in force regarding ap- peals from the j udgments of sheriff's in registration courts for counties and burghs are hereby repealed, and in lieu thereof it is enacted as follows : If any j^erson whose name shall have been struck out of any register or list of voters by the sheriff, or who shall claim or object before the sheriff at any court, shall con- sider the decision of the sherilf on his case to be erroneous in point of law, he may, either himself or by some person on his behalf, in open court, require the sheriff to state the facts of the case, and such question of law, and his decision thereon, in a special case ; and the sheriff shall prepare and sign and date such special case, and deliver the same in open court to the sheriff clerk or town clerk, REPRESENTATION OF PEOPLE (sCOTLANd) ACT, 18G8. 143 as the case may be ; and such person, or some person on his behalf, may thei'oupon in open court declare his inten- tion to aiijieal against the said decision, and may, mthin ten days of the date of such special case, lay a certified copy thereof before the court of appeal hereinafter con- stituted, for their decision thereon; and the said court shall with all convenient speed hear parties and give their decision on such special case, and shall specify exactly every alteration or correction, if any, to be made upon the register in pursuance of such decision ; and the regis- ter shall be as soon as may be after the 31st day of October in each year altered accordingly by or at the sight of the sheriff; and if it shall appear to the sheriff that his judg- ments respecting the qualifications of any two or more persons depend on the same question of law, he shall append to such special case the names of all such persons who have apjiealed against his j udgment on their respec- tive claims ; and the decision of the said court on such special case shall extend and a])ply to the qualifications of all such persons, in like manner as if a separate appeal had been taken in the case of each of them ; and the said court shall have power to award the costs of any appeal ; and the decision of the said court shall be final, and not subject to review by any court, or in any manner what- soever: i^rovided always, that if the said court shall be of opinion that the statement of the matter of the appeal in any special case is not sufficient to enable them to give judgment in law, it shall be lawful fur the said court to remit the said special case to the sheriff by whom it shall have been signed, in order that the same may be more fully stated. 23. The court for hearing appeals under the preceding Constitu- section of this act shall consist of three judges of the coui-t ^^°^ °* „ of session, to be named from time to time by act of sede- ^°",g3^]° runt of the said court, (jue judge to be named from each division of the inner house, and one from the lords ordi- nary in the outer house ; and it shall bo competent from time to time by act of sederunt to supply any vacancy ■which may occur in such court, and to regidate the sittings and forms of process therein so as to carry out the provi- sions of tliis act, and such acts of sederunt may be made, and such court may sit, either during the sitting of the court of session, or in vacation or recess; and the junior principal clerk of session shall be the clerk of such court. Places for Election and Polling Places. 24. Th(! writ for the election of the member for the Places for district of burghs enumerated in Schedule (A.) to this act f-'lectiou annexed shall be addressed to the sheriff mentioned in the t^^-niuo- 144 APPENDIX. officers for new con- stituencies. Payments for con- veying voters in burghs to the poll illegal. Rooms to be hired for polling wherever they can be obtained. fifth column of the said schedule, and, until otherwise directed by parliament, shall be proclaimed at the place named for that pur2:)ose in the third column thereof ; and the writ for the election of the member for the counties of Peebles and Selkirk shall be addressed to the sheriff of the county of Peebles, and iintil otherwise directed by parlia- ment shall be proclaimed at the burgh of Peebles ; and in the case of a poll being demanded at any election for said counties the shei'iff of the county of Peebles shall forthwith send a written notice to the sheriff of the county of Selkirk that a poll has been demanded, and also of the day on which it is to be taken ; and the sheriffs of the said coun- ties of Peebles and Selkirk respectively shall appoint such a number of substitutes and clei'ks as may be necessary at each of the polling places within their respective coun- ties ; and all the poll books shall at the final close thereof be sealed up and delivered or transmitted by the sheriff substitutes in charge of the polls to the said sheriff of the county of Peebles; and the writs for the election of mem- bers for the divisions of counties enumerated in Sche- dule (B.) to this act annexed shall be addressed to the sheriffs of such counties, and, until otherwise directed by parliament, shall be proclaimed at the places named for that purpose in the fourth column of the said schedule. 25. It shall not be lawful for any candidate, or any one on his behalf, at any election for any burgh to pay any money on account of the conveyance of any voter to the poll, either to the voter himself or to any other person ; and if any such candidate, or any person on his behalf, shall pay any money on account of the conveyance of any voter to the poll, such payment shall be deemed to be an illegal i^ayment within the meaning of the " Corrupt Practices Prevention Act, 1854." 26. At every contested election for any county or burgh, unless some building or place belonging to the county or burgh is j^rovided for that purpose, the sheriff clerk in any county, and in any city or burgh the town clerk, shall, whenever it is practicable so to do, instead of erecting a booth, hire a building or room for the j^iirpose of taking the poll at the places ai)pointed for such county or burgh. Where in any place there is any room, the expense of maintaining which is payable out of any rates levied in such place, or which is under the control of the town council or other local authoiity, such room may, with the consent of those having the control over the same, be used for the purpose of taking the poll at such place. Where the town clerk incurs any expenses in erecting booths or hiring rooms for taking any poll under this act. REPRESENTATION OF PEOPLE (sCOTLAND) ACT, 1868. 145 lio shall have the same right and means of recovering the same from the candidates which the sheriff clerk has by the present law and practice. Elections in Universities. 27. The chancellor, the members of the university Franchise court, and the professors for the time being of each of the f?i; univer- universities of Scotland, and also every person whose sities. name is for the time being on the register, made up in terms of the provisions hereinafter set forth, of the general council of such university shall, if of full age, and not subject to any legal incapacity, be entitled to vote in the election of a member to serve in any future parliament for such imivorsity in terms of this act. 28. Under the conditions as to registration hereinafter Qualifica- mentioned, the following persons shall be members of tions for general council of the respective universities, viz. : members 1 . All 2)ersons qualified under the 6th or 7th section of couucils. the act 21st and 22nd Victoria, chapter SJJrd. 2. All persons on whom the university to which such general council belongs has after examination con- ferred the degree of doctor of medicine, or doctor of science, or bachelor of divinity, or bachelor of laws, or bachelor of medicine, or bachelor of science, or any other degree that may hereafter be in- stituted : 3. And whereas it was provided by the said Gth section of the last-mentioned act that in each university • the general council should consist of, inter alios, " all persons who within three years from and " after the passing of this act shall establish, to " the satisfaction of the commissioners hereinafter "appointed, that thej' have as matriculated stu- ' ' dents given regular attendance on the course of " study in the university for four complete ses- " sions, or such regular attendance for three com- " plete sessions in the universitj', and regular " attendance for one such complete session in any " other Scottish university, the attendance for at " least two of such sessions having been on the "course of study in the faculty of ai'ts;" and whereas fi-om various causes many persons omitted to establish their qualifications in terms of the provision just mentioned before the expiry of tho time mentioned tlun-cin, and it is expedient to afford such persons tlio ojiportunity of becoming members of the general councils of their respective universities : be it enacted as follows : every person ■\\ho may have omitted to establish his qiialifica- W. ' L 146 APPENDIX. Eegistra- tion book to be kept. Registrar to enter names therein. tion in terms of the recited provision of the sixth section of the act last mentioned, but who would have been entitled to have become a member of the general council of the university in terms of the said provision if his qualification had been esta- blished within the said j^eriod, and he had applied for registration in terms of said act, shall be a member of the general council of the university, provided that such person shall establish his quali- fication in terms of the recited provision to the satisfaction of the registrar and assistant registrars hereinafter mentioned, and shall farther comply with the conditions as to registration hereinafter men- tioned : Provided always, that no graduate of any university shall be disqualified from being a member of the general council of such university by reason of his being enrolled as a student in any class of the university : provided also, that the conditions as to registration hereinbefore men- tioned shall not apply to the chancellor, the members of the university court, or the professors for the time being of each university, who shall be members of the general council of their respective universities, and entitled to vote as such, although their names are not inserted on the register hei'einbeforo mentioned. 29. The registrar of each university shall keep a regis- tration book, which shall be in the form of Schedule (E.) to this act annexed, and in which, under the conditions hereinafter mentioned, shall be entei'ed the names, desig- nations, qualifications and ordinary places of residence of persons qualified to be members of general council, and from which the registers of general council hereinafter directed to be made u}) shall from time to time be pre- pared. 30. Within two months after the passing of this act the registrar shall transfer to the registration book from the presently existing register the names of all persons who before the passing of this act, and in virtue of the provisions of any ordinance of the commissioners under the act 21st and 22nd Victoria, chapter 83, have paid a composition in lieu of annual fees, and have been enrolled in such presently existing register in A-irtuc of such pay- ment; and he shall in like manner, from time to time after the passing of this act, on jiajTiient to the general university fund of a registration fee of 20s., enter in the registration book the name of every qualified j)erson applying for registration, but who has not compounded under the provisions of any such ordinance as aforesaid: provided always, that an ubateuient shall be made from REPRESENTATION OF PEOPLE (SCOTLAND) ACT, 1868. 147 such, fee equal to the sum that may already have been paid by the applicant in name of entrance money or annual fees : provided also, that after the passing of this act no person qualified to be a member of general council shall be required to pay any annual fee as the condition of having his name retained in the registration book, or inserted in the register to be from time to time made up from it, as hereinafter enacted. 31. On the 1st day of October, 1868, the registrar shall proceed to make up from the registration book an alpha- betical register of members of general council, 'which re- gister shall be in the form of Schedule (F.) to this act annexed, and shall be completed within fifteen days ; but no names shall be included therein which have not been entered in the registration book before the said 1st day of October ; and the said register, having been completed by the registrar as aforesaid, shall forthwith be re^vised and so far as necessary corrected bj' him, with the assistance of two members of the general council acting as assistant registrars, and who shall have been nominated and ap- pointed for that purpose by the university court, at a meeting to be held of sucb court on or before the said 1st day of October ; and the revision or correction shall be completed and a copy of the register, with the names numbered from one onwards in regular order, shall be signed by the registrar and assistant registrars on or before the '21st day of October folio ^\'ing ; and the coi)y so signed shall thereafter be submitted by the registrar to the vice- chancellor, and shall be authenticated by his signature on every page thereof, on or before the 25th day of October next ensuing ; and the register so authenticated shall, so far as it remains unaltered by the university court as hereinafter provided, be conclusive of the right of persons to be members of the general council from the 26th. day of October, 1868, to the 31st day of December, 1869, both days inclusive : provided always, that at any meeting of or election by the general council of any university ap- pointed to take place on or before the said 26th day of October, 1868, the registration book for such university, as it stood on the 30th day of September immediately pre- ceding, shall be conclusive evidence of the right of all persons whose names shall be entered therein to be mem- bers of such general council until the oth day of Novem- ber following. 32. The registration book and also the register, authen- ticated as aforesaid, shall at all reasonable times be open to inspection, in the office of the registrar, by any person applying for inspection of the same, and coi^ics thereof may bo made on payment of a fee of Is. for everj' 100 L 2 Prepara- tion of first register under this act. Revision by regis- trar and assistant registrars. Authenti- cation by the vice- chancellor. Register to be conclu- sive. Appeal against undue in- sertion of names. 148 APPENDIX. Appeal against Quorum of university court for purposes of act. New regis- ters to be made up annually. names, or fractional part thereof, copied ; and if any member of tlie general council shall consider himself aggrieved by the insertion in the said register of the name of any person whom he considers not duly qualified, it shall be competent to him, within ten days after the day on or before which the register is hereby required to be authenticated, to appeal and apply to the university court to expimge the name complained of ; and notice of such appeal shall immediately be given by the secretary of the court to the person against the insertion of whose name the appeal is taken, with an intimation of the day on which the appeal will be heard, and which shall be not sooner than twenty nor later than thirty days after the last day allowed for the authentication of the register ; and it shall be in the power of such person to aj^pear for his interest either personally or by substitute ; and whether he aj^pear or not, it shall be the duty of the registrar to attend and explain the reasons for the insertion of the name com- plained of; and the judgment of the court sustaining or dismissing the appeal shall be final, and not subject to any process of review, and the register shall, if necessary, be altered by or at the sight of the president of the said court in conformity with such j udgment. 33. If any person whose name is not inserted in the register so authenticated as aforesaid shall consider him- self aggrieved by its omission, it shall be competent to him, within the said jDcriod of ten days after the day on or before which the register is hereby required to be authenticated, to appeal and apply to the university court to have it so inserted ; and the court shall meet to consider such appeal not later than thirty days after the last day allowed for the authentication of the register, and after hearing the appellant for his interest, either personally or by substitute, and the registrar in explanation of the reasons for the omission of the appellant's name, shall give judgment in the appeal ; and such judgment shall be final, and not subject to any process of review, and the register shall, if necessary, be altered by or at the sight of the president of the said court in conformity with such judgment. 34. For the purpose of performing any duty required by this act, the presence of a quorum of three shall be sufficient to constitute a meeting of the tiniversity court. 35. On the 1st day of December, 1869, and on the 1st, or when the 1st is on a Sunday on the 2nd day of December in each succeeding year, the registrar shall proceed to l^repare, in the form of schedule (F.) to this act annexed, a new alphaljctical register for the year to commence on the 1st day of January next ensuing, which new register IIEPRESEXTATION OF I'KOPJ-K (sCOTLANJ)) ACT, 1868. 149 ho shall make up by transferring to it from that in force at the time the names, designations, and addresses (with such corrections as he may consider necessary) of all members not known to bo dead, and by transferring to it from the registration book the names, designations, quahhcations, and ordinary places of residence of all persons who shall have paid the registration fee since the day of commencing to make up the register of the preceding year, and who are not known to have died since making payment ; and such new register shall be completed within fifteen days, and shall thereafter be revised by the registrar with the assistance of two assistant registrars appointed by the university court, and shall then be authenticated by the vice-chancellor on or before the 31st daj' of December of the same j'ear, and such revision and authentication shall be carried out in the same way as is provided in regard to the first register directed to be made up under this act ; and the new register shall have the same effect for the year to which it ajiplies as it is hereinbefore pro- vided that the said first register shall have for the period between the 26th day of October, 1868, and the 31st day of December, 1869, and shall be subject in the same way as the said first register to alteration by the university court on appeal taken either against undue insertion or against undue omission of names. 36. The registrar of each university shall be entitled to receive out of the general university fund a payment of one guinea and a half for every one hundred names, or fractional part thereof, that shall be entered in the first register prepared under this act, and of one guinea for every hundred names, or fractional part thereof, that shall be entered in the subsequent registers, and to a payment of half a guinea for every hoiu", or fractional part thereof, during which he shall be in attendance on the university court while considering and disi^osing of appeals under this act, as the same shall be certified by the president or secretary of the court ; and each assistant registrar nomi- nated and appointed by the university court under this act, and officiating in terms thereof, shall be entitled to receive from the same fund a payment of one guinea for every one hundi'cd names, or fractional part thereof, that shall be entered in the first register prepared under this act, and of half a guinea for every hundred names, or fractional jiart thereof, entered in the subsequent re- gisters. 37. The vice-chanceller of the university of Edinburgh shall be the returning officer for the said university and the university f)f Saint Andrews ; and the vice-chancellor of the ixniversity of (ilasgow shall be the returning officer for the said university and the university of Aberdeen; and Allowance to registrar and assist- ant regis- trars. Returning officers and intimation of election. 150 APPENDIX. Proclama- tiou of writs for universi- ties. rollinn; at university elections. the -writs for any election of a member to serve in parliament for such, universities shall be directed to such returning officers respectively; and the vice-chancellor to whom a writ for any such election shall be directed shall endorse on the back thereof the day on which he received it, and shall, within three days thereafter, announce a day and hour (which day shall not be less than three or more than six clear days after that on which the writ was received), and a place within the city of Edinburgh, for an election for the universities of Edinburgh and Saint Andrews, or within the city of Glasgow for an election for the univer- sities of Glasgow and Aberdeen, as the case may be, and shall give intimation thei-eof by advertisement in such newspajjers as ho shall deem expedient, and shall also, within the said fii'st-mentioned three days, give intimation thereof in writing to the vice-chancellor of the university of Saint Andrews or of Aberdeen, as the case may be. 38. On the day announced as aforesaid by the vice- chancellor for the election such vice-chancellor shall repair to the place named by him, to which place all persons en- titled to vote in such election shall in the aforesaid adver- tisement be invited to rejiair on the day and at the hour named ; and the said vice-chancellor shall then and there proclaim the writ by reading it ; and if no more than one candidate shall bo proi^osed for the choice of the electors, he shall, upon a show of hands, forthwith declare the person so jmt in nomination to be duly elected ; it being alwaj's competent for any jjerson entitled to vote in such election under this act to repair to the place where the writ is proclaimed, and to put any person in nomination ; and if more than one candidate shall be proposed, and a poll shall be demanded, the proceedings shall be adjourned for the purpose of taking the jioll for not less than six or more than ten clear days, exclusive of Saturdays and Sundays ; and the vice-chancellor shall forthwith give public intimation of such adjournment, and of the names of the candidates who have been proposed, by advertise- ment in such newspapers as he shall deem expedient, and shall also give intimation thereof in writing to the vice- chancellor of the university of Saint Andrews or of Aber- deen, as the case may be. 39. The following regulations shall be observed with respect to the polling : — 1. On the day to which the iiroceedings have been ad- joi;rned as aforesaid for the pur2:)osc of taking the poll the i^olling shall commence at each university at eight o'clock in the morning, and may continue for not more than five days (exclusive of Sundays), but no poll shall bo kept open later than four o'clock in the afternoon. REPRESENTATION OF PEOPLE (sCOTLAND) ACT, 1868. 151 2. Tho Tico-chancellor of each university shall appoint the poUinj^ place at such university, and, if he shall think lit, shall advertise the same, and also shall have power to aj^point one or more pro-vice-chan- cellors to take the poll at such universitj', and record the votes in poll books, and decide all ques- tions with regard thereto, in the same manner as nearly as may be, and except as heroin provided, as polls ai'e now taken at elections for members to servo in parliament for burghs and counties in Scotland ; and such vice-chancellor shall have power to appoint a jioll clerk or poll clerks for the purpose of assisting the pro-vice-chancellor or pro- vice-chancellors in taking the poll as hereinbefore mentioned. 3. The poll books in which the votes have been recorded as hereinbefore provided shall be forthwith delivered bj' the iiro-vice-chancellor to the vice-chancellor by whom he was appointed ; and the^dce-chancellors of the universities of Saint Andrews and Aberdeen respectively shall, on receiving siich poll books, immediately transmit them to the vice-chancellor, who is the returning officer for such university; and such vice-chancellor, shall, within three days after such poll books have been received by him, in pre- sence of the candidates or their agents, or of such of them as shall think proper to attend or to appoint such agent, cast up the number of votes as they appear on the several books, and shall forthwith publish in the Edinburgh Gazette a notice contain- ing the name of the candidate for whom the largest number of votes has been given, and declaring such candidate to be d\dy elected, and shall make a return in the fonn of similar returns presently used (as nearly as maybe) in terms of the writ, under his hand and seal, to the clerk of the crown in England, and if the votes be equal he shall make a double return. 4. All the provisions of an act passed in the 24th and 2.3th years of the reign of her present Majesty, intituled ' ' An Act to provide that votes at elections for the universities may be recorded by moans of voting papers," except so much of the said act as rcipiires that the person delivering the voting paper shall make attestation of his personal acquaintance with the voter, shall apply to every election of a member for the universities of Edinburgh and Saint Andrews, and for the universities of Glasgow and Aberdeen, subject to the following provisions : The words " recorded in the manner heretofore used," in the second section of the recited act, shall 152 APPENDIX. University election expenses. Provision for incapa- city of in this act mean " recorded in tlio manner herein- before directed." The word " misdemeanor," in the fifth section of the recited act, shall include crime and oifence. A voting paper may be signed by a voter being in one of the Channel Islands in the j^resence of the following officers ; that is to say, 1. In Jersey and Guernsey, of the bailiffs, or any lieutenant bailiff, jurat, or jugo d'instruction : 2. In Alderney, of the judge of Alderney or any j urat : 3. In Sark, of the seneschal or deputy seneschal : And for the purjiose of certifying and attesting the signature of such voting paper, each of the said officers shall have all the powers of a justice of the peace under the recited act ; and a statement of the official quality of such officer shall be a sufficient statement of quaHty in pursiiance of the provisions of the said act. In Heu of the schedule annexed to the recited act, the Schedule (Gr.) to this act annexed shall be substituted in elections for the universities of Edinburgh and Saint Andrews, and for the uni- versities of Glasgow and Aberdeen. 40. Every vice-chancellor to whom a writ for the election of a member to serve in parliament shall, under the provisions of this act, be directed, shall be allowed in Exchequer siich payments for executing such writ as are allowed to sheriffs under the existing law in the case of elections for counties or burghs ; and in all cases where a poll has been demanded the candidates shall be bound to pay and contribute among them to each jiro-vice-chan- cellor appointed under this act, for superintending the jioll, a fee of three guineas for the first, and of one guinea for each subsequent day in which he shall have been so engaged ; and the candidates shall further bo bound to pay and contribute among them to each poll clerk one guinea per day, and the candidates shall in like manner be bound to defray the necessary expenses incurred by the vice-chancellors in the transmission or receipt of poll books or other communications or in making any adver- tisements required or enjoined by this act ; and if any person shall be proposed as a candidate without his con- sent, the person so projiosing him shall be liable to pay his share of all such expenses in like manner as if he had been himself a candidate. 41. Where the vice-chancellor or registrar of any imi- versity is absent, or is incapacitated by illness for dis- charging any duty required of him by this act, or if the REPUESENTATIOX OF TEOTLE (SCOTLANI)) ACT, 1868. 1.j3 office of vice-clianccllor or of registrar shall be vacant, vice-chau- the duties herein imposed on the vice-chancellor or regis- cellor or trar respectively shall be discharged by a person appointed registrar, for that purpose by the university court of such university ; and such person shall in that respect, but in no other, act for the time as and be deemed to be vice-chancellor or registrar of such university. Miscellaneous. 42. Where any county has been divided for the pur- poses of this act, the commissioners of sujiply of such county are hereby emjiowered to appoint the same assessor to make up the register of voters in both divisions of such county, or, if they shall think proper, to appoint separate assessors to make up the said register for each such divi- sion; but, until they shall otherwise determine, the assessor appointed for the purpose of making up the register for the undivided count j' shall continue to act as assessor for both the divisions of such county, and shall, as hereinbefore provided, make up a sei^arate register for each of such divisions : iirovided always, that such assessors shall in all respects be deemed to be assessors appointed in terms of the act 2-lth and 2oth Victoria, chapter 83 : provided also, that the exi^euses of registration shall be defrayed as at present by an assessment levied on the whole lands and heritages within the county, and not by an assess- ment levied separately on the lauds and heritages within the divisions thereof respectivelj'. 43. AYhereas, in order to provide for the seats herein- before distributed, it is expedient that certain boroughs in I'higlaad having small jiopulations should cease to return members to serve in jKirliament : bo it therefore enacted, that from and after the end of this present par- liament the boroughs of Arundel, Ashburton, Dartmouth, Honiton, Lyme Eegis, Thetford, and Wells shall respec- tivelj' cease to return any member to serve in jiarliament. 44. Whereas it is expedient to shorten the period for proceeding to election in cities, biu'ghs, and towns or dis- tricts of cities, burghs, and towns in Scotland, jirovided b}' the acts oth and (ith AVilliam the l'\)urth, chajiter 7S, and 28 and 29 ^'ictoria, chapter 92 : be it enacted, that, except in the cases of the districts comprehending Kirk- wall, Wick, Dornoch, Dingwall, Tain, and Cromarty, the day or days to be uunoiuiced by the sheriff for the election or elections shall be not less than three and not more than six clear days after the day on which the writ was received by such sheriff. 45. In so far as regards the registration of voters, and generally for all purposes connected with the election of Rcgistra- tiou where couuties are di- vided. Certain boroughs ill England to cease to return members. Shortening of period for pro- ceeding to elections iu burghs. Galashiels to be wholly in 154 APPENDIX. Selkirk- sliire. In burghs where there are no magis- trates, police commis- sioners to appoint assessors. Where there is no town clerk, police com- missioners or sheriff to appoint a person to act as such. Expenses of valua- tion, and registra- tion of voters, and remunera- tion of per- son acting as assessor and town members to servo in parliament, tlie burgli of Galashiels shall be dealt with as if it were locally situated wholly •within the county of Selkirk. 46. In any burgh on which the right of contributing to return a member to serve in parliament is for the first time conferred by this act, and in which there are no magistrates elected in terms of the act 3rd and 4th AVilliam the Fourth, chapter 76, or the act 3rd and 4th William the Fourth, chapter 77, the commis- sioners of police acting in such burgh under any general or local police act shall appoint a suitable person to be the assessor in such burgh, and as such to make up a valuation roll of lands and heritages therein in terms of the Valuation Acts, and also to perform with reference to the registration of voters in svich burgh all duties which by the registration acts can be imposed on assessors ; and all apjieals against valuations made by such assessor shall be heard and determined by such commissionei's as the case may be, and the determination of such commissioners shall be dealt with in the same manner as the determinations of magistrates in existing royal or parliamentary burghs. 47. If in any such burgh there is no town clerk, it shall be the duty of the aforesaid commissioners of police, as soon as may be after the passing of this act, to nomi- nate and appoint a fit and proper person to perform the duties of town clerk in so far as regards the registration of voters, and the election of members to serve in parlia- ment ; and on every occasion of the person so appointed ceasing to act, such commissioners shall in like manner, within the period of three weeks thereafter, make a similar appointment; and failing such appointment being duly made by the said commissioners, such appointment shall be made by the sheriff of the county ; and every jierson so nominated and appointed shall, so long as he continues to act, be subject to the same disqualifications in re- gard to voting for or being elected a member of parlia- ment, or acting as agent for any candidate, to which town clerks are now subject by law ; and every such person shall be removable at the pleasure of the said commis- sioners or sheriff resjjectively by whom he was appointed. 48. In ever J' such burgh on which the right of contri- buting to retui'n a member to servo in i^arliament is for the first time conferred by this act, an account of the costs and expenses attinuling the preparation of the valuation roll under the Valuation Acts, and also of the costs and exiionses attending the annual registration of voters, shall bo made up annuallj^ at the sight of the person or persons by whom the assessor for such burgh was ap- pointed ; and such person or persons shall ascertain and REPRESENTATION OF PEOPLE (sCOTLVNl)) ACT, 1868. 155 fix the amount of siicli expenses, including? tliorein tlio reasonable remuneration of the assessor, and of the town clerk, or of the person appointed to perform the duties of town clerk, where any such appointment has been :nadc ; and the amount of ail such expenses and remuneration shall be assessed and levied on and recoveretl from the same description of persons and property as the police rate within such burgh ; provided that no person shall bo liable to such assessment who is not a proprietor or occu- pier of a dwelling-house or other lands and heritages "within the burgh. 49. Any person, either directly or indirectly, corruptly paying anj' rate on behalf of any ratepayer for the pur- pose of enabling him to be registered as a voter, thereby to influence his vote at any futui'e election, and any can- didate or other person, either directly or indirectly, paying any rate on behalf of auj' voter for the purpose of in- ducing him to vote or refrain from voting, shall be guilty of bribery, and bo punishable accordingly ; and any person on whose behalf and with whose privity any such paj-ment as in this section mentioned is made, shall also be guilty of bribery, and punishable accordingly. 50. The provision of the 11th section of the act of the 2nd and 3rcl years of King William the Fourth, cap. 65, disqualifying persons in receipt of parochial relief from being registered as voters, or voting for a burgh, shall apply to a county also ; and the said provision of the said section shall bo construed as if the word " county " were inserted therein before the word '' city." 51. Whereas it is expedient to amend the law relating to offices of profit, the acceptaiiceof which from the crown vacates the seats of members accepting the same, but does not render them incapable of being re-elected : be it enacted, that where a pei'son has been returned as a member to serve in parliament since the acceptance by him from the crown of any office described in Schedule (II.) to this act annexed, the subsequent acce])tance by him from the crown of any other office or offices described in such schedule, in lieu of and in immediate succession the one to the other, shall not vacate his seat. 52. Where separate registers of voters have been directed to bo made in any county divided by this act, if a vacancy take place in "tho representation of the said county before the simmioning of a future parliament, and after the completion of such separate registers, such last- mentioned registers shall, for the purpose of any election to fill up such vacancy, be deenicd together to form tho register for the county. 53. Nothing in this act contained shall aifect the rights clerk, to be assessed on the burgh. Corrupt, payment of rates to be punish- able as bribery. Receipt of parochial relief to disqualify for couu- ties as well as burcrhs. Members holding offices of profit from the crown, as iu Sche- dule (H.), not to va- cate their seats on acceptance of another ofhce. Provision iu case of seijarate registers. Temporary provisions 156 APPENDIX. consequent on forma- tion of new burghs. Register to be conclu- sive evi- dence of qualifica- tion. Right of voting not to be affected by depen- dance of appeal. General saving clause. of persons wliose names are for the time being on the register of voters for any county in wliicli the burghs constituted by this act are situate to vote in any election for such county in respect of any vacancy that may take l^lace before the summoning of a future parliament ; but after such summoning no person shall be entitled to be registered as a voter or to vote in any election for any county in resjiect of any premises owned or occupied by him within any burgh. In the case of a county within the limits of which is situate a burgh constituted by this act, the sheriff in re- vising at any time before the summoning of a future par- liament the list of voters for such county shall write the word "burgh" oj^posite to the name of each voter whose qualification in respect of the premises described in the list would not, after the summoning of a future i^arlia- ment, entitle such voter to vote for the countj' ; and at any election for such county taking place after the sum- moning of a future parliament the vote of every person against whose name the word " bui'gh" is written, if ten- dered in resjiect of such qualification, shall be rejected by the polling sheriff. 54. The 42nd section of the act passed in the 24th and 2oth years of the reign of her i^resent Maj esty, chapter 83, is hereby repealed, and in lieu thei-eof it is enacted as fol- lows : at every future election of a member to serve in parliament for any county or division of a county, the register of voters, made up in terms of the Eegistration Acts, shall be deemed and taken to be conclusive evidence that the j^ersons therein named continue to have the qua- lifications which are annexed to their names respectively in the register in force at such election ; and such persons shall not be required to take the oath of possession. 55. The right of voting at any election of a member or members to serve in parbament for any county, burgh, or university shall not be affected by any ajipeal depending at the time of issuing the writ for such election, and it shall be lawful for every person whoso name has been entered on the register of voters to exercise the right of voting at such election as effectually, and every vote tendered thereat shall be as good, as if no such appeal were dejiending; and the subsequent decision in any appeal which shall be depending at the time of issuing the writ for any such election shall not in any way what- ever alter or affect the jjoll taken at such election, or the return made thereat by the returning officers. 56. The franchises conferred by this act shall be in additicm to and not in substitution for any existing franchises, but so that no person shall be entitled to vote REPRESENTATION OF PEOPLE (SCOTLAND) ACT, 1868. 157 for the same place in respect of more than one qualifica- tion; and, subject to the provisions of this act, all laws, customs, and enactments now in force conferrine; any right to vote, or otherwise relating to the repx'esentation of the people in Scotland, and the registration of persons entitled to vote, shall remain in full force, and shall apply, as nearh* as circumstances admit, to any person hereby authorized to vote, and shall also apply to any constituency hereby authorized to return or contribute to return a member or members to parliament, as if it had heretofore returned or contribute to return such members to parliament, and to the franchises hereby conferred and to the registers of voters hereby required to be formed. 57. All writs to be issued for the election of members to serve in parliament, and all mandates, precepts, instru- ments, proceedings, and notices consequent upon such writs, or relating to the registration of voters, shall bo framed and expressed in such manner and form as may be necessary for the carrying the pro\"isions of this act into effect. 58. This act, so far as is consistent with the tenor thereof, shall be construed as one with the enactments for the time being in force relating to the representation of the people in Scotland, and with the Eegistration and Valuation Acts. 59. The following terms shall in this act have the meanings hereinafter assigned to them, unless there is something in the context repugnant to such construction ; (that is to sa}',) " Month " shall mean calendar month : "County" shall not include a county of a city, but shall mean any county or division of a county, or any combination of counties, or of counties and portions of counties, returning a member to serve in parliament : " Burgh" shall mean any city, town, burgh or district of cities, towns or burghs retui'uing a member or members to servo in parliament : "Dwelling-house" shall include any part of a house occiipicd as a separate dwelling, and (in any parish in which poor rates are levied) the occupier of which is separately rated to the relief of the poor, either in respect thereof or as an inhabitant of such parish : "Premises" shall, in regard to burghs, mean any dwelling-house ; and in regard to counties, shall mean lands and heritages : " The Registration Acts" shall mean the act of the 19th and 20th years of the reign of her present Majesty, chapter 58, and the act of the 21th and 2Jth years Writs, &c., to be made couform- able to this act. Construc- tion of act. Interpre- tation of terras : "Month:" "County:" • Burgh : " "Dwelling house :" " Pre- mises:" "The Re- gistration Acts:" 158 APPENDIX. "Proprie- tor" or "owner:" "Valua- tion Acts:" " Asses- sor :" " Oath of posses- of the reign of her present Majesty, chapter 83, and any other acts or parts of acts relating to the registration of persons entitled to vote at, and pro- ceedings in, the election of members to serve in parliament for Scotland : Proprietor" or "o-n-ner" shall include any person who shall hold under a lease for a period of not less than fifty-seven years, exclusive of breaks . The Valuation Acts " shall mean the act of the 17th and 18th years of the reign of her present Majesty, chapter 91, the act of the 20th and 21st years of the said reign, chapter 08, the act of the 30th and 31st years of the said reign, chapter 80, and any other acts or parts of acts relating to the valuation of lands and heritages in Scotland : Assessor " shall mean an assessor appointed under the Valuation Acts, or any of them, or under the Eegistration Acts, or any of them, or under this act, as the case may be : Oath of possession " shall mean and include the words ' ' that I am still proprietor (or occupant) of the pro- " perty for which I am so registered, and hold the " same for my own benefit, and not in trust for or " at the pleasure of any other person." SCHEDULES, SCHEDULE (A.) Hawick District. Name of Burgh. County in which Burgh is situated. Place for proclaiming Writ. Temporary Contents or Boundaries. Sheriff to whom the Writ is to he addressed. Hawick . . Galashiels . Selkirk.... Roxburgh Selku-k . . . Ditto .... Hawick . . Ditto .... Ditto .... The Boundaries of Ha- wick, a.s defined in "The Hawick Mu- nicipal Police and Improvement Act, 1861." The Limits of Gala- shiels, as fixed and defined under "The General Police and Improvement (Scot- land) Act, 18G2." Tlie Boundaries of the Roval BuvL-h of Sel- kirk. 1 Sheriff of )> Roxburgh - .shire. J REPRESENTATION OF PEOPLE (sCOTLAND) ACT, 18G8. 159 SCHEDULE (B.) Divisions of Counties. Column 1. Name of County to be diviJed. Abeedeen- SlIIEE. Column 2. DiWsion. East Aber- deenshire. West Aber- deenshire. Column 3. Parts temporarily comprised in such Di^-ision. Parishes of Aberdour, Bel- hclvie, Bourtie, Crimond, Crudeu, Daviot, Ellon, Fiutray, Foverau, Frasor- buryh, Fyvie, Keith -hall and Kinkell, King- Edward, Logie-Btichau, Longside, Loumay, Meth- lic, Montquhitter, New Deer, New Ma'-har, Old Deer, Old Meldrum, Peterhead, Pitsligo, Pa- then, Slains, Stricheu, Tarves, Turriff, Tyrie, Udny ; together with so much of the Parish of Old JMaohar as is situated to the North and East of the liiver Don, — and the Parish of St. Fergus in Banffshire. Parishes of Aboyne and Glentanuer, Alford, Auch- indoir and Kearn, Auch- tcrless, Birse, Chapel-of- Garioch, Clatt, Cluuy, Coull, Crathie and Brae- mar, Culsamond, Drum- blade, Dyce, Echt,Forgue, Glcnbucket, Glenrauick, Tullich, and Glengairn, Huntlj', Inseh, Inverurii^ Kcig, Keniuay, Kil- drunimy, Kincardine O'Neil, Kinnellar, Kin- netlnnont, Kintore, Leo- chel - Cushuie, Leslie, Logic - Coldstone, Lum- phanan, Midmar, Mony- musk, Newhills, Oj-ne, Peter Cultcr, Premuay, Eayue, Rhyuie, Skene, Column 4. Place for proclaiming "SVrit. Peterhead. Aberdeen. 160 APPENDIX, Column 1. Name of Count>' to be dmded. Aberdeen - SHiEE — con. Column 2. Division. West Aberdeen - shire — cont. Ayeshire . North Ayrshire South Ayr- shire. Colimin 3. Parts temporality comprised in sucli Division. Parishes of — Strathdon, Tarland and Miij-vie, Tough, Towic, Tullynessle and Forbes ; together with so much of the Parish of Old Machar as is situated to the South and West of the Hiver Don, and so much of the Parishes of Banchory- Devenick, Cabracli, Cair- nie, Drumoak, and Glass as is situated within the County of Aberdeen, and the Parish of Gartly in the County of Banff. District of Cunningham, consisting of the pari.shes of Ardrossan, Dairy, Dreghorn, Fenwick, Ir- vine, Kilbirnie, Kilmar- nock, Kilmaurs, Kilwin- ning, Largs, Loudoun, Stevenston, Stewartown, West Kilbride, and of Beith, and Dunlop, in so far as situated within the County of Ayr. Districts of Kyle and Car- rick, consisting of the Parishes of Auchinleck, Ayr, Ballantrae, Barr, Colmonell, Coylton, Crai- gie, Dailly, Dalmelling- ton, Daliymple, Dun- donald, Galston, Girvan, Ivirkmichael, Kirkoswald, Mauchline, Maybole, Monkton and Prestwick, Muirkirk, New Cumnock, Newton-on-Ayr, Ochil- tree, Old Cumnock, Ric- carton, St. Quivox, Sorn, Stair, Straiton, Syming- ton, Tarboltou. Column 4. Place for proclaiming Writ. Aberdeen. Kilmarnock. Ayr. REPRESENTATION OF PEOPLE (SCOTLAND) ACT, 1868. 161 Column 1. Name of County to bo divided. Lanaekshiee Cohunn 2. Division. North Lanark- shire. South Lanark- shire. Column 3. Pai'ts temporarily comprised in such Division. Parishes of Avondale, Ba- rony, Blantyre, Bothwell, Cadder, Cambu.slang, Carmnnnock, City Parish of Glasgow, Dalziel, East Kilbride, Glas.sford, Hamilton, New Monk- land, Old Monkland, Euthererlen, and .so much of the Pari.shes of Govan and of Cathcart as is situated in Lanarkshire. Parishes of Biggar, Cam- bu.snethan, Carluke, Car- michael, Carnwath, Car- stair.s, Covington and Thankerton, Crawford, Crawfordjohn, Dalserf, Dolphirigton, Douglas, Dunsyre, Lanark, Lesh- mahagow, Libberton, Pitinain, Shotts, Stone- house, Symington, Wals- ton, Wandell and La- mington, Wiston and Roberton, and .so much of the Parishes of Culter and Moffat as is situated within the County of Lanark. Column 4. Place for proclaiming Writ. Hamilton. Lanark. SCHEDULE (C.) To A. B., ) County [or Bui-gh] of j Take notice, that you will not be entitled to have your name in- serted iu the list of voters for this county \_or burgh] now about to be made in respect of the premises in your occupation in [^street or place'], unless you jjay on or before the day of next all the poor rates which have become due from you in respect of such premises {or as the case may be) up to the 1 5th day of May last, amounting to £ ; and if you omit to make such payment you will bo incapable of being entered on the next register of voters for this county [or burgh]. Dated the day of 18 . C. D., Collector of Poor Rate for Parish of 162 APPENDIX. .SCHEDULE (D.) County [or burgh] of . Parish of I, collector of poor rates for the parish of do hereby certify that the following persons in the said parish have been exempted from poor rates therein during the twelve months preceding the 31st day of July on the ground of inability to pay ; or have failed on or before the day of to pay all jjoor rates (if any) that have become payable by them up to the preceding 1 5th day of May ; or have been in the receijot of parochial relief within the twelve calendar months next pre- ceding the said 31st day of July. Christian Name and Surname at full Length. Pi'ofe.ssion, Trade, or CalUng. Place of Abode, with Number of House, Name of Street, &c. (if any). State -whether "Exempted," "Failed to pay," or " In Receipt of Belief." Given under my hand this day of 18 SCHEDULE (E.) Form of Registration Book of General Council. Date. Fee paid. Name at full Length. Designation (i.e., Pl'ofession or Calling) . Eesidence and Post Town. Qualification. Admitted by Com - miasioncrs ; or M.D. of I860; orM.A.of 1865; and so on. REPRESENTATION OF PEOPLE (SCOTLAND) ACT, 18G8. 163 SCHEDULE (F.) Univeesitt of Register of Members of the General Council for tlie [Foiu'teen Months] or Year coinmencino' 1st Number." Name in full. Designation. Residence and Post Town. Number in last Register. + Number in Regis ti'atiou Book.t *' The numbers to be consecutive. t Reference to number of the member in the register of the preceding year. This reference -svill not occur in the first register prepared under this act. X Reference to number of member in the registration book. This -will be the only reference in the first register under the act. In subsequent years it will occur only when the member's name has not been in the previous year's register. SCHEDULE (G.) Univeesity of [Name of University']. Universities of [tiame the universities], Election 18 . I, A. B. \the christian and surnames of the elector in full, and his degree or other quaUfication to be here inserted], do hereby declare that I have signed no other voting paper at tliis election, and I do hereby give my vote at this election for And I nominate T>., F., H., or one of them, to deliver this voting paper at the poU. Witness my hand this day of 18 . (Signed) A. B. of \the elector'' s place of residence to he here inserted]. Signed in my presence by the said A. B., who is personally known to me, on the above-mentioned day of 18 , the name of , as the candidate voted for, having been previously filled in. (Signed) J. N., of [the Justice^ s or other oficer's place of residence to be here inserted], a justice of the peace for {or as the case may he). M 2 164 APPENDIX. SCHEDULE (H.) Offices of Frofit referred to in this Act. Lord High Treasurer ; Commissioner for executing offices of Treasurer of the Exchequer of Great Britain and Lord High Treasurer of Ireland ; President of the Privy Council ; Vice-President of the Committee of Coun- cil for Education ; Comptroller of her Majesty's Household; Treasurer of her Majesty's Household ; Vice- Chamberlain of her Majesty's House- hold; Equeny or Groom in Waiting on her Majesty; any principal Secretary of State; Chancellor and Lender-Treasurer of her Majesty's Exchequer ; Paymaster General ; Postmaster General ; Lord High Ad- mii-al ; Commissioner for executing the office of Lord High Admiral ; Commissioner of her Majesty's Works and Public Buildings ; President of the Committee of Privy Council for Trade and Plantations ; Chief Secretary for Ireland ; Commissioner for administering the Laws for the Relief of the Poor in England ; Chancellor of the Duchy of Lancaster ; Judge Advocate General ; Attorney General for England ; Solicitor General for England ; Lord Advocate for Scotland ; Solicitor General for Scotland ; Attorney General for Ireland ; Solicitor General for Ireland. SCHEDULE (I.) FOEM No. 1. Claim of Lodger. Bui'gh of To the assessor of the bui'gh of I hereby claim to be inserted in the list of voters in respect of the occu- pation of the under-mentioned lodgings, and the particulars of my quali- fication are stated in the columns below. Christian Name and Surname at full Length. Profession, Trade, or CaUina-. Description of Lodgings. Description of House or Houses in 'which Lodgings situate, •nith Number, if any, and Name of Street. Name, Description, and Ecsidence of Persons or Person to whom Rent paid. I, the above-named , hereby declare that I have been, during the twelve months immediately isrcceding the last day of July in this year, the occupier as sole tenant of the above-mentioned lodgings, and that I have resided therein during the twelve months immediately pre- REPRESENTATION OF I'EOl'LE (SCOTLAND) ACT, 1868. 165 ceding- the said last day of July, and that such lodgings are of a clear yearly value, if let unfurnished, of ten pounds or upwards. Dated the day of Signature of claimant Witness to the signature of the i said , and I certify my f belief in the accuracy of the I above claim. / Name of witness Residence and calling This claim must bear date the 1st day of August, or some day subse- quent thereto, and must be delivered to the assessor after the last day of July, and on or before the 21st day of September. FoEM No. 2. Zist of Claimants in respect of Lodgings to he published by the Assessors. The following persons claim to have their names inserted in the list of persons entitled to vote in the election of a member [or members] for the city or burgh of Christian Name each Claimant at full Length. Trade or Calling. Description of Lodgings. Description of House in which Lodgings situate, lirith Number, if any, and Name of Street. Name, Description, and Residence of Landlord or other Person to whom Rent paid. (Signed) A. B., Assessor of 166 APPENDIX. Short title. Applica- tion of act. Occupa- tion fran- chise in cities, towns and boroughs. THE EEPEESENTATION OF THE PEOPLE (lEELAND) ACT, 1868. (31 & 32 Vict. c. 49.) ^■in Act to amend the Re2}7-ese7itation of the. People in Ireland. [13tli July, 1868.] Whereas it is expedient to amend the laws relating to tlie representation of the people in Ireland : 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 : Prdiminary. 1. This act may be cited for all purposes as "The Representation of the People (Ireland) Act, 1868." 2. This act shall apply to Ireland only, but shall not in anywise affect the election of members to serve in jDar- liament for the borough of the University of Dublin. PAET I. Fkaxchises. 3. From and after the passing of this act the 5th section of the act of the 13th and 1-lth years of the reign of her present Majesty, caj:). 69, and all other sections or parts of the same act which relate to or affect the franchise conferred by the said oth section, or the registration of voters upon whom it is conferred, and in which are the words " eight jiounds " in reference to the said franchise, shall be read and construed as if the words ' ' more than four pounds" had been used and were substituted in the said oth and other sections instead of and for the words "eight pounds," so and in such manner that, subject to all the jsrovisions of the said act, the occupation of lands, tenements, or hereditaments rated at the net annual value of more than four pounds shall be as effectual to qualify any man to be registered as a voter, and when ' registered to vote at any election of members to serve in parliament for any city, town, or borough in Ireland to be held after the passing of this act as the occupation of lands, tenements, and hereditaments rated at the net annual value of eight pounds and upwards was before the passing of this act ; and in all provisions relating to such occupation, registration, or voting, and in all lists, returns, precepts, notices, or other forms made or issued in pursuance of the provisions of the registration acts, the words "more than four pounds" shall, when neces- sary, be substituted for the words " eight pounds." REPRESENTATION OF PEOPLE (iRELANd) ACT, 1868. 167 4. Every man shall be entitled to be registered as a voter, and when registered to vote for a member or members to servo in parliament for a city, town, or borough, who is qualified as follows (that is to say,) 1. Is of full age and not subject to any legal incapacity ; and 2. As a lodger has occupied in such city, town, or borough, separately and as sole tenant for the twelve months preceding the 20th day of July in any year, the same lodgings, such lodgings being part of one and the same dwelling-house, and of a clear yearly value, if let unfurnished, of ten pounds or upwards ; and 3. Has resided in such lodgings during the twelve months immediately preceding the 20th day of July, and has claimed to be registered as a voter at the next ensuing registration of voters. 5. The claim of every person desirous of being regis- tered as a voter for a member or members to serve for any city, town, or borough, in respect of the occupation of lodgings shall be in the Form numbered 1, in Sche- dule (D.) to this act annexed, or to the like effect, and shall have annexed thereto a declaration in form and be certified in manner in the said schedule mentioned, or as near thereto as circumstances admit, and every such claim shall after the 20th day of July and on or before the 4th day of August in any year be delivered to the town clerk in the city, town or borough in which such lodgings shall be situate, and the particulars of such claim shall be duly published by such town clerk on or before the 11th day of August next ensuing, in a separate list, according to the form numbered 2, in the said Schedule (D.) ; and all the provisions of the registration acts with respect to the publishing of lists of claimants and to the clelivery of copies thereof to persons requiring the same by the said town clerk shall aj^ply to every such claim and list, and all the provisions of the same acts with respect to the proof of claims and to objections thereto and to the hearing thereof shall, so far as the same are applicable, apply to claims and objections and to the hearing thereof under this section. 6. In a county where iircmiscs are in the joint occu- pation of several persons as ownci's or tenants, and the aggregate rateable value of such premises is such as would, if divided amongst the several occupiers, so far as the value is concerned, confer on each of them a vote, then each of such joint occupiers shall, if otherwise quali- fied, be entitled to bo registered as a voter, and when registered to vote at an election for tho county : Provided Lodger franchise for voters iu cities, towns and boroughs. tion of persons occupying lodgings. As to joint occupation incounties. 168 APPENDIX, Provisions as to i^re- mises occu- pied in succession in coun- ties. No elector who has been em- ployed for reward within six months of an election to be en- titled to vote. Bound- aries of parlia- mentary boroughs. Rooms for taking Eolls to be ired wherever they can be obtained. alwaj's, that not more than two persons, being such joint occupiers, shall be entitled to be registered in respect of such premises, unless they shall have derived the same by descent, succession, marriage, marriage settlement, or devise, or unless they shall be bond fide engaged as partners carrying on trade or business thereon. 7. The premises in resjDect of the occupation of which any person shall be entitled to be registered in any year, and to vote in the election for any county, shall not be required to be the same premises^ but may be different premises, occupied in immediate succession by such person during the twelve calendar months next previous to the 20th day of July in such year, such person having paid on or before the 1st day of July in such year all the poor's rates which shall, previously to the 1st day of January in such year, have become jiayable from him in respect of all such j^remises so occupied by him in succession. 8. No elector who, within six months before or dui'ing any election for any county, city, town or borough, shall have been retained, hired or employed for all or any of the purposes of the election for reward by or on behalf of any candidate at such election as agent, canvasser, clerk, messenger, or in any other like employment, shall be entitled to vote at such election, and if he shall so vote he shall be guilty of a misdemeanor. PAET II. 9. Where at the time of the passing of this act the boundary of any municipal borough does not coincide with the parliamentary borough, all that i^art of such borough situate beyond the limits of the parliamentary borough, but within the municipal limits, shall form part of the borough for all purposes connected with the election of a member or members to serve in parliament for said borough. PAET III. Miscellaneous. 10. At every contested election for any county, citj'', town or borough, unless some building or place belonging to the coimty, city, town or borough is provided for that purjiose, the returning ofBcer shall, whenever it is prac- ticable so to do, instead of erecting a booth, hire a building or room tor the purpose of taking the poll : Where in any place there is anj'' room the expense of maintaining which is payable out of any rates levied in such place, such room may, with the consent of REPRESENTATION OF I'EOl'LK (IHK1,AN1)) ACT, 1868. IB'J the person or coi'iDoration having the control over the same, be iised for the purpose of taking the poll at such place. 11. AVhereas it is expedient to amend the law relating to offices of profit, the acceptance of which from the crown vacates the scats of members accepting the same, but does not render them incapable of being re-elected : Be it enacted, that where a person has been returned as a member to serve in parliament since the acceptance by him from the crown of anj' office described in Schedule (E.) to this act annexed, the subsequent acceptance by him from the crown of any other office or offices described in such schedule, in lieu of and in immediate succession the one to the other, shall not vacate his seat. 12. It shall not be lawful for any candidate, or any one on his behalf, at any election for any city, town or borough, except the several boroughs of the county of the city of Cork, county of the town of Galway, and countj' of the city of Limerick, to pay any money on account of the conveyance of any voter to the poll, either to the voter himself or to any other person ; and if any such candidate, or any person on his behalf, shall pay any money on account of the conveyance of any voter to the poll, such payment shall be deemed to be an illegal payment within the meaning of ' ' The Corrupt Practices Prevention Act, 1854." 13. No returning officer for any county, city, town or borough, nor his deputy, nor any partner or clerk of either of them, shall act as agent for any candidate in the management or conduct of his election as a member to serve in parliament for such covinty, city, town, or borough ; and if any returning officer, his deputj% the partner or clerk of either of them, shall so act, ho shall be guilty of a misdemeanor. 14. Every notice of claim to be registered as a voter for any city, town, or borough in Ireland shall bo signed bj' the person making such claim. 15. From and after the passing of this act sect. 72 of the act of the 1st and 2nd years of the reign of her present Majesty, cap. 56, and sect. 5 of the act of the Gth and Tth years of the reign of her present Majesty, cap. 92, shall be and the same are hereby respectively repealed. 16. The franchises conferred by this act shall bo in addition to and not in substitution for any existing fran- chises, but so that no i^erson shall be entitled to vote for the same place in respect of more than one (qualification ; and, subject to the provisions of this act, all laws, cus- toms, and enactments now in force conferring any right to vote, or otherwise relating to the representation of tho people in Ireland, and the registration of persons entitled Members holdiug offices of profit from the crowu as in Sche- dule (E.), not to va- cate their seats on acceptance of another office. Payment of expenses of convey- ing voters in borough to the poll illegal. Returning officer, &c. acting as agent guilty of misde- meanor. Notice of claim to vote in cities, &c. to be signed by claim- ant. Sect. 72 of 1 C&2 Vict. c. 56, and sect. 5 of 6 ) THE PAELIAMENTAEY ELECTIONS ACT, 1868. (31 & 32 YiCT. c. 125.) An Act for amending the Laics relatimj to Election Petitions, and providing more effcctnaUy for the Prevention of Corrupt Practices at Parliamentary Elections. [31st July, 1808.] WnEiiEAS it is expedient to amend the la^YS relating to election petitions, and to provide more eft'ectually for tlie prevention of corrnpt practices at parliamentary elections : 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 : rreliminary. 1. This act may be cited for all purposes as "The Parliamentary Elections Act, 1868." 2. The expression "the court" shall, for the purposes of this act, in its application to England mean the Court of Common Pleas at Westminster, and in its application to Ireland the Court of Common Pleas at Dublin, and such court shall, subject to the provisions of this act, have the same powers, jurisdiction, and authority with reference to an election petition and the proceedings thereon as it would have if such petition were an ordinary cause within their jurisdiction. 3. The following terms shall in this act have the mean- ings hereinafter assigned to them, unless there is some- thing in the context repugnant to such construction ; (that is to sa J-, ) " Metropolitan district " shall mean the city of London and the liberties thereof, and any parish or place subject to the jurisdiction of the Metropolitan Board of Works : "Election" shall mean an election of a member or members to serve in parliament : " County " shall not include a county of a city or county of a town, but shall mean any county, riding, parts, or division of a county returning a member or members to serve in jiarliament : "Borough" shall mean any borough, university, city, place, or combination of places, not being a county as hereinbefore defined, returning a member or members to serve in iiarliament : Short title of act. Definition and juris- diction of court. Inteqjre- tatiou of terms. " Metro- politan district:" "Elec- tion:" "County:" "Bo- rough:" 176 APPENDIX. " Candi- date ;" [Repealed] " Corrupt practices:" " Rules of court:" "Pre- scribed." Provision as to To •whom and by wliom election petition may be presented. Regula- tions as to presenta- tion of election petition. ''Candidate^'' shall mean any person elected to serve in 2)arliament at an election, and any person who has been nominated as or declared himself a candidate at an election : " Corrupt practices" or " corrixpt practice" shall mean bribery, treating, and undue influence, or any of such offences, as defined by act of parliament, or recognized by the common law of parliament : " Eules of court " shall mean rules to be made as here- inafter mentioned : " Prescribed" shall mean "prescribed by the rules of court." 4. For the purposes of this act "speaker" shall be deemed to include deputy si^eaker ; and when the office of sj^eaker is vacant, the clerk of the House of Commons, or any other officer for the time being performing the duties of the clerk of the House of Commons, shall be deemed to be substituted for and to be included in the expression " the speaker." Presentation and Service of Petition. 5. From and after the next dissolution of parliament a petition complaining of an undue return or undue election of a member to serve in parliament for a county or borough may be presented to the Court of Common Pleas at West- minster, if such county or borough is situate in England, or to the Court of Common Pleas at Dublin, if such county or borough is situate in Ireland, by any one or more of the following persons : 1 . Some person who voted or who had a right to vote at the election to which the petition relates ; or, 2. Some jjerson claiming to have had a right to be returned or elected at such election ; or, 3. Some j)erson alleging himself to have been a candi- date at such election : And such i^etition is hereinafter referred to as an election petition. 6. The following enactments shall be made with respect to the presentation of an election petition under this act : 1. The petition shall be signed by the petitioner, or all the petitioners if more than one : 2. The petition shall be presented within twenty-one days after the return has been made to the clerk of the crown in chancery in England, or to the clerk of the crown and hanaper in Ireland, as the case may be, of the member to whose election the peti- tion relates, unless it question the return or elec- tion upon an allegation of corrupt practices, and specifically alleges a payment of money or other THE PARLIAMENTARY ELECTIONS ACT, 1868, 177 reward to have been made by any member, or on his account, or with his privity, since the time of such return, in pursuance or in furtherance of such corrujit practices, in which case the petition may be presented at any time within twentj'-eight days after the date of such payment : 3. Presentation of a petition shall be made by deliver- ing* it to the prescribed officer or otherwise dealing with the same in manner j^rescribed : 4. At the time of the presentation of the petition, or within three days afterwards, security for the pay- ment of all costs, charges, and expenses that may become payable by the petitioner — (a) to any person summoned as a witness on his behalf, or, (b) to the member whose election or return is complained of (who is hereinafter referred to as the respondent), shall be given on behalf of the petitioner : 5. The security shall be to an amount of one thousand pounds ; it shall be given cither by recognizance to be entered into by any number of sureties not exceeding four, or by a deposit of money in manner prescribed, or partly in one way and partly in the other. 7. On presentation of the petition the prescribed officer shall send a copy thereof to the returning officer of the countj' or borough to which the petition relates, who shall forthwith pubUsh the same in the county or borough, as the case may be. 8. Notice of the presentation of a petition under this act, and of the nature of the proposed securitj', accom- panied with a copy of the petition, shall, within the prescribed time, not exceeding five daj-s after the presen- tation of the i^etition, be served by the petitioner on the resiDoudont ; and it shall bo lawful for the respondent, where the security is given wholly or partiallj'by recogni- zance, within a further prescribed time, not exceeding five days from the date of the service on him of the notice, to object in writing to such recognizance, on the ground that the sureties, or any of them, are insufficient, or that a surety is dead, or that he cannot be found or ascertained from the want of a sufficient description in the recogni- zance, or that a person named in the recognizance has not duly acknowledged the same. 9. Any ol:)jecti(m made to the security given shall be hoard and decided on in the prescribed manner. If an objection to the s(>curity is allowed it shall bo lawful for the petitioner, within a further prescribed time, not ex- w. X Copy of petition after pre- sentation to be sent to return- ing officer. Eecogni- zance may be objected to. Determi- nation of objection to recogni- zance. 178 APPENDIX. List of pe- titions at issue to be made. Mode of trial of election petitions. ceeding five days, to remove sucli objection, by a deposit in the prescribed manner of such sum of money as may be deemed by the court or officer having cognizance of the matter to make the security sufficient. If on objection made the security is decided to be in- sufficient, and such objection is not removed in manner hereinbefore mentioned, no further proceedings shall be had on the petition ; otherwise, on the expiration of the time limited for making objections, or, after objection made, on the sufficiency of the security being established, the petition shall be deemed to be at issue. 10. The prescribed officer shall, as soon as may be, make out a list of all petitions under this act presented to the court of which he is such officer, and which are at issue, placing them in the order in which they were pre- sented, and shall keep at his office a copy of such list, hereinafter referred to as the election List, open to the inspection in the prescribed manner of any person making application. Such petitions, as far as conveniently may be, shall be tried in the order in which they stand in such list. Trial of a Petition. 11. The following enactments shall be made with respect to the trial of election petitions under this act : 1 . The trial of every election petition shall be conducted before a puisne judge of one of her Majesty's superior courts of common law at Westminster or Dublin, according as the same shall have been presented to the court at Westminster or Dublin, to be selected from a rota to be formed as herein- after mentioned, 2. The members of each of the Courts of Queen's Bench, Common Pleas, and Exchequer in England and Ireland shall respectivelj', on or before the third day of Michaelmas term in every year, select, by a majority of votes, one of the puisne judges of such court, not being a member of the House of Lords, to be placed on the rota for the trial of election j^etitions during the ensuing year. 3. If in any case the members of the said court are equally divided in their choice of a j^msne judge to be placed on the rota, the chief justice of such court (including under that exj^ression the chief baron of the Exchequer) shall have a second or casting vote. 4. Any judge placed on the rota shall be re-eligible in the succeeding or any subsequent year. 5. In the event of the death or the illness of any judge for the time being on the rota, or his inabilitj' to THE PARLIAMENTARY ELECTIONS ACT, 1868. 179 act for an}'' reasonable cause, the court to wliich he belongs shall fill uj:) the vacancy by placing on the rota another puisne judge of the same court. 6. The judges for the time being on the rota shall, according to their seniority, respectively try the election petitions standing for trial under this act, unless they otherwise agree among themselves, in which case the trial of each election petition shall be taken in manner provided by such agreement. 7. Where it appears to the judges on the rota, after due consideration of the list of petitions under this ~ act for the time being at issue, that the trial of such election petitions will bo inconveniently de- layed unless an additional judge or judges be ap- pointed to assist the judges on the rota, each of the said courts (that is to say), the Court of Exchequer, the Court of Common Pleas, and Court of Queen's Bench, in the order named, shall, on and according to the requisition of such j udges on the rota, select, in manner hereinbefore provided, one of the puisne judges of the court to try election petitions for the ensuing year; and any judge so selected shall, during that year, bo deemed to be on the rota for the trial of election petitions. 8. Her Majesty may, in manner heretofore in use, ap- point an additional puisne judge to each of the Courts of Ciueen's Bench, the Common Pleas, and the Exchequer in England. 9. Everj'^ election petition shall, except where it raises a question of law for the determination of the court, as hereinafter mentioned, be tried by one of the judges hereinbefore in that behalf mentioned, here- inafter referred to as the judge sitting in open court without a jviry. 10. Notice of the time and place at which an election petition will be tried shall be given, not less than fourteen days before the day on which the trial is held, in the prescribed manner. 11. The trial of an election petition in the case of a petition relating to a borough election shall take place in the borough, and in the case of a petition relating to a coiinty election in the county : pro- vided always, that if it shall appear to the coui't that special circumstances exist which render it desirable that the petition should be tried else- where than in the borough or county, it shall be lawful for the court to appoint such other place for the trial as shall apjicar most convenient : provided also, that in the case of a petition relating to any N 2 180 APPENDIX. of the boroughs within the metropolitan district, the petition may be heard at such place within the district as the court may appoint. 12. The jiidge presiding at the trial may adjourn the same from time to time and from anj^ one place to any other place within the county or borough, as to him may seem expedient. 13. At the conclusion of the trial the judge who tried the petition shall determine whether the member whose return or election is complained of, or any and what other person, was duly returned or elected, or whether the election was void, and shall forthwith certify in writing such determination to the speaker, and ui^on such certificate being given such determination shall be final to all intents and purjooses. 14. Where any charge is made in an election petition of any corrupt practice having been committed at the election to which the petition refers, the judge shall, in addition to such certificate, and at the same time, rej)ort in writing to the speaker as follows : (a) Whether any corrujit j^ractice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at such election, and the nature of such corrupt practice : (b) 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 that corrupt have, extensively prevailed at the election to which the petition relates. 15. The jiidge may at the same time make a special report to the speaker as to any matters arising in the course of the trial, an account of which, in his judgment, ought to be submitted to the House of Commons. 16. Where, upon the application of any party to a peti- tion made in the jirescribed manner to the court, it a2)pears to the court that the case raised by the petition can be conveniently stated as a special case, the court may dii'oct the same to be stated accordingly, and any such special case shall, as far as may be, be hoard before the court, and the deci- sion of the court shall be final ; and the court shall certify to the speaker its determination in reference to such special case. THE I'ARJ.IAMENTARY P^LECTIONS ACT, 1868. 181 12. Provided alwaj'S, tliat if it shall appear to the judge on the trial of the said petition that any question or ques- tions of law as to the admissibility of evidence, or other- wise, require further consideration by the Court of Com- mon Pleas, thou it shall be lawful for the said judge to postpone the granting of the said certificate until the de- termination of such question or questions by the court, and for this purpose to reserve any such question or ques- tions in like manner as questions are usually reserved by a judge on a trial at nisi prius. 13. The Ilouse of Commons, on being informed by the speaker of such certificate and report or reports, if any, shall order the same to be entered in their jovu'nals, and shall give the necessary directions for confirming or alter- ing the return, or for issuing a writ for a new election, or for carrying the determination into execution, as circum- stances may require. 14. Where the judge makes a special report, the House of Commons may make such order in respect of such special report as they think proper. 15. If the judge states in his report on the trial of an election jietition under this act that corrupt practices have, or that there is reason to believe that corrupt practices have, extensively prevailed in any county or borough at the election to which the petition relates, such statement shall, for all the purposes of the act of the session of the ]oth and 16th years of the reign of her present Majesty, chapter 57, intituled " An Act to j)rovide for more effectual inquiry into the existence of corrupt practices at elections of members to serve in parliament," have the same effect and may be dealt with in the same manner as if it were a report of a committee of the House of Commons appointed to try an election petition, and the expenses of any com- mission of inquiry which may be issued in accordance with the provisions of the said act shall be defrayed as if they were expenses incurred in the registration of voters for such county or borough. 16. The rej>ort of the judge 'in respect of persons guilty of corrupt practices shall, for the purptose of the 2^Tosecution of such persons in pursuance of section 9 of the act of the 26th year of the reign of her j^ resent Majesty, chapter 29, have the same effect as the report of the election committee therein mentioned, that certain persons have heen guilty of bribery and treating. 17. On the trial of an election petition under this act, unless the judge otherwise directs, any charge of a cor- rupt practice may bo gone into and evidence in relation thereto received before any proof has been given of agcncj^ on the part of any candidate in respect of such corrupt practice. Applica- tions to the court re- specting trials. House of commons to carry out report. House of Commons may make order on special re- port. Report of the judge as to cor- rupt prac- tices. Report of judge equi- valent to report of election committee. [Repealed] Evidence of corrupt practices, how re- ceived. 182 APPEKUIX. Accept- ance of office not to stop petition. Proroga- tion of par- liament. Form of petition. Service of petition. Joint re- spondents to petition. Provision in cases vyrhere more than one peti- tion is pre- sented. Shorthand writer to attend trial of election petition. Rules to be made by court. 18. The trial of an election petition under this act shall be proceeded with, notmthstauding the acceptance by the resjiondent of an office of profit under the crown. 19. The trial of an election petition under this act shall be proceeded with notwithstanding the prorogation of parliament. Proceedimjs. 20. An election petition under this act shall be in such form and state such matters as may be prescribed. 21. An election petition under this act shall be served as nearly as may be in the manner in which a writ or summons is served, or in such other manner as may be prescribed. 22. Two or more candidates may be made respondents to the same petition, and their case may, for the sake of convenience, be tried at the same time, but for all the purjioses of this act such petition shall be deemed to be a separate petition against each respondent. ■23. Where, under this act, more petitions than one are presented relating to the same election or return, all such petitions shall in the election list be bracketed together, and shall be dealt with as one jjetition, but such petitions shall stand in the election list in the place where the last of such i^etitions would have stood if it had been the only petition presented, unless the court shall otherwise direct. 24. On the trial of an election petition under this act the shorthand writer of the House of Commons or his deputy shall attend and shall be sworn by the j udge faith- fully and truly to take down the evidence given at the trial, and from time to time as occasion requires to write or cause the same to be written in words at length ; and it shall be the duty of such shorthand writer to take down such evidence, and from time to time to write or cause the same to be written at length, and a cojiy of such evidence shall accompany the certificate made by the judge to the speaker ; and the expenses of the shorthand writer shall be deemed to be part of the expenses incurred in receiving the judge. Jiirisdidion and Bides of Court. 25. The jiidges for the time being on the rota for the trial of election petitions in England and Ireland may resjiectively from time to time make, and may from time to time revoke and alter, general rules and orders (in this act referred to as the rules of court), for the eft'ectual execution of this act, and of the intention and object thereof, and the regulation of the practice, procedure, and costs of election petitions, and the trial thereof, and the certifying and reporting thereon. THE TARLIAMENTARY ELECTIONS ACT, 1868. 183 Practice of House of Commons to be ob- served. Perform- ance of duties by- prescribed officer. Any p^encral rules and orders made as aforesaid shall bo deemed to bo within the powers conferred by this act, and shall be of the same force as if they were enacted in the body of this act. Any general rules and orders made in pursuance of this section shall bo laid before parliament within three weeks after thej' are made, if parliament be then sitting, and if parliament be not then sitting, within three weeks after the beginning of the then next session of parliament. 26. Until rules of court have been made in pursuance of this act, and so far as such rules do not extend, the principles, practice, and rules on which committees of the House of Commons have heretofore acted in dealing with election petitions shall bo observed so far as may be by the court and j udge in the case of election petitions under this act. 27. The duties to be performed by the prescribed oflBcer under this act shall be performed by such one or more of the masters of the Court of Common Pleas at Westminster as may be determined by the chief justice of the said Court of Common Pleas, and by the master of the Court of Common Pleas at Dublin, and there shall be awarded to such masters respectively, in addition to their existing salaries, such remuneration for the ijerfoi-mance of the duties imposed on them in pursuance of this act as the chief j ustices of the said Courts of Common Pleas at West- minster and Dublin may respectively, with the consent of the commissioners of the treasury, determine. Reception, Expenses, and Jurisdiction of Judge. 28. The judge shall bo received at the place where he Eeception is about to trj' an election petition under this act with the of judge, same state, so far as circumstances admit, as a judge of assize is received at an assize town ; he shall be received by the sheriff in the case of a petition relating to a county election, and in any other case by the mayor, in the case of a borough having a mayor, and in the case of a borough not having a mayor by the sheriff of the county in which the borough is situate, or by some person named by such sheriff. The travelling and other expenses of the jndge, and all expenses properly incurred by the sheriif or by such mayor or person named as aforesaid in receiving the judge and providing him with necessary accommodation and with a proper court, shall be defrayed by the com- missioners of the treasury out of money to be provided by parliament. 29. On the trial of an election- petition imder this act Power of the judge shall, subject to the provisions of this act, have judge. 184 APPENDIX, Attend- ance on judge. tie same powers, jurisdiction, and authority as a judge of one of the superior courts and as a judge of assize and nisi prius, and the court held by him shall be a court of record. 30. The judge shall bo attended on the trial of an elec- tion i^etition under this act in the same manner as if he were a judge sitting at nisi prius, and the expenses of such attendance shall be deemed to be j^art of the expenses of providing a court. Summons of wit- nesses. Judge may summon and ex- amine wit- nesses. Indemnity to wit- nesses. [Repealed] Expenses of wit- Witnesses. 31. Witnesses shall bo subj)oenaed and sworn in the same manner as nearly as circumstances admit as in a trial at nisi prius, and shall be subject to the same penalties for perjury. 32. On the trial of an election petition under this act the judge may, by order under his hand, compel the at- tendance of any person as a witness who appears to him to have been concerned in the election to which the peti- tion refers, and any person refusing to obey such order shall be guilty of contemjit of court. The judge may examine any witness so compelled to attend or any person in court although such witness is not called and examined by any j)arty to the petition. After the examination of a witness as aforesaid by a judge, such witness may be cross-examined by or on behalf of the petitioner and respondent, or either of them. 33. The provisions of the 1th section of the act of the session of the 26th and 21th years of the reign of her jrresent Majesty, cap. 29, rclatiiuj to the examination and indemnity of ivitnesses, shall apply to any ivitness appearing before a judge on the trial of an election petition under this act, in the same manner as in the case of a trial before a committee of the House of Commons before the passing of this act, and the certificate shall be given under the hand of the judge. 34. The reasonable expenses incurred by any person in appealing to give evidence at the trial of an election peti- tion under this act, according to the scale allowed to witnesses on the trial of civil actions at the assizes, may be allowed to such pei'son by a certificate under the hand of the judge or of the prescribed officer, and such expenses if the witness was called and examined by the j udge shall be deemed part of the expenses of providing a court, and in other cases shall be deemed to be costs of the petition. With- drawal of WHIalrmcul and Abatement of J-Jlcction Petitions. 35. An election petition under this act shall not be withdrawn without the leave of the court or judge upon THE PARLIAMENTARY ELECTIONS ACT, 1868. 185 special application, to be made in and at the prescribed manner, time, and i)lace. No snch. application shall be made for the withdrawal of a petition until the prescribed notice has been given in the county or borough to which the petition relates of the inteution of the petitioner to make an application for the withdrawal of his iictitiou. On the hearing of the application for withdrawal any person who might have been a petitioner in respect of the election to which the j^etition relates may apply to the court or judge to be substituted as a petitioner for the petitioner so desirous of withdrawing the petition. The court or judge may, if it or he think fit, substitute as a petitioner any such applicant as aforesaid ; and may further, if the proposed withdrawal is in the opinion of the court or judge induced by any corrupt bargain or consideration, by order direct that the secimty given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner, and that to the extent of the sum named in such security the original petitioner shall be liable to pay the costs of the substituted petitioner. If no such order is made with respect to the security given on behalf of the original petitioner, security to the same amount as would bo required in the case of a new petition, and subject to the like conditions, shall be given, on behalf of the substituted j^etitioner before he proceeds with his petition, and within the prescribed time after the order of substitution. Subject as aforesaid a substituted petitioner shall stand in the same position as nearly as may be, and be subject to the same liabilities as the original petitioner. If a i^etition is withdrawn, the petitioner shall be liable to paj' the costs of the respondent. Where there are more petitioners than one, no applica- tion to withdraw a petition shall be made except ^xith the consent of all the petitioners. 36. In ever II case of tlte witltdra)i:al of an election petition under this act the court or jiuhje shall report to the speaker tuJietlter in its or his opinion the ivithdraival of such jjctition was the result of any corrupt arrangement, or in considera- tion of the withdrawal of any other petition, and if so, the circumstances attending the ivithdrawal. 37. An (ilection petition under this act shall be abated by the death of a sole petitioner or of the survivor of several petitioners. The abatement of a petition shall not affect the liability of the petitioner to the payment of costs previously in- curred. petition aud substi- tution of new peti- tioners. Court to report to the speaker circum- stances of ivith- drawal. [Repealed] Abatement of petition. 186 APPENDIX. Admission in certain cases of voters to be respon- dents. Respondent not oppos- ing not to appear as party or to sit. Provisions for cases of double re- turn where the mem- ber com- On the abatement of a petition the prescribed notice of such abatement having taken place shall be given in the county or borough to which the petition relates, and vrithin the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election to which the petition relates may apply to the court or judge, in and at the prescribed manner, time, and place, to be substituted as a j^etitioner. The court or judge may, if it or he think fit, substitute as a jietitioner any such aj^jjlicant who is desirous of being substituted, and on whose behalf security to the same amount is given as is required in the case of a new l^etition. 38. If before the trial of any election petition under this act any of the following events happen in the case of the respondent ; (that is to say,) (1.) If he dies: (2.) If he is summoned to parliament as a peer of Great Britain by a writ issued under the great seal of Great Britain : (;3.) If the House of Commons have resolved that his seat is vacant : (■1.) If he gives in, and at the prescribed manner and time, notice to the court that he does not intend to oppose the petition. Notice of such event having taken place shall be given in the county or borough to which the petition relates, and within the prescribed time after the notice is given any person who might have been a i^etitioner in respect of the election to which the petition relates may apply to the court or judge to be admitted as a respondent to oppose the petition, and such jserson shall on such application be admitted accordingly, either with the respondent, if there be a respondent, or in place of tbo respondent ; and any number of persons not exceeding throe vany be so admitted. 39. A respondent who has given the prescribed notice that he does not intend to oppose the petition, shall not be allowed to appear or act as a party against such peti- tion in any proceedings thereon, and shall not sit or vote in the House of Commons until the House of Commons has been informed of the report on the petition, and the court or judge shall in all cases in which such notice has been given in the prescribed time and manner report the same to the speaker of the House of Commons. 40. "V\liero an election petition imder this act comj^lains of a double return, and the respondent has given notice to the ])rcscribcd officer that it is not his intention to oppose the petition, and no party has been admitted in pursuance of this act to defend such return, then the THE PARLIAMENTARY ELECTIONS ACT, 1868. 187 General costs of petition. petitioner, if there be no petition complaining of the other plained of member returned on such double return, may withdraw declines to his petition by notice addressed to the prescribed officer, j-q^^jq and upon the receipt of such notice the prescribed officer shall report the fact of the withdrawal of such petition to the speaker, and the Ilouse of Commons shall thereupon give the necessary directions for amending the said double return by taking off the file the indenture by which the respondent so declining to oppose the petition was re- turned, or otherwise as the case may require : Provided always, that this section shall not apply to Ireland. Costs. 41. All costs, charges, and expenses of and incidental to the presentation of a jietition under this act, and to the proceedings consequent thereon, with the exception of such costs, charges, and expenses as are by this act other- wise provided for, shall be defrayed by the parties to tho petition, in such manner and in such proportions as the court or judge may determine, regard being had to tho disallowance of any costs, charges, or expenses which may, in the opinion of the court or judge, have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part either of the petitioner or the respondent, and regard being had to the discourage- ment of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or not on the whole successful. The costs may be taxed in the prescribed manner, hut [Repealed] accordinij to the same principles as costs between attorney ami client are taxed in a suit in the High Court of Chancery, and such costs may be recovered in the same manner as the costs of an action at law, or in such other manner as may be prescribed. 42. If any petitioner in an election petition presented under this act neglect or refuse for the space of six months after demand to pay to any jDcrson summoned as a witness on his behalf, or to tho respondent, any sum certified to be due to him for his costs, charges, and expenses, and if such neglect or refusal be, within one year after such demand, jiroved to the satisfaction of the court of elections, in every such case every person who has entered into a recognizance relating to such petition under the provisions of this act shall be held to have made default in his said I'ccognizance, and the prescribed officer shall thercTipon certify such recognizance to be forfeited, and the same shall bo dealt with in England in manner provided by the act of the ord year of the reign of King Recogni- zance, when to be estreated, &c. 188 APPENDIX. Punish- ment of candidate guilty of bribery. [Repealed] Penalty for employing corrupt agent. Disqualifi- cation of persons found guilty of bribery. [Repealed] George tlie Foiirtli, chapter 46, and in Ireland in manner provided by " The Fines Act (Ireland), 1851." Funishment of Corrupt Practices. 43. Where it is found, hy the report of the judge upon an election petition tmder this act that bribery has been com~ mitted by or with the knowledge and consent of any candidate at an election, such candidate shall be deemed to have been personally guilty of bribery at such election, and liis election, if he has been elected, shall be void, and he shall be incapable of being elected to and of sitting in the House of Commons during the seven years next after the date of his being found guilty; and he shall further be incapable during tlie said period of seven years — (1.) Of being registered as a voter and voting at -any elec- tion in the United Kingdom ; and (2.) Of holding any office under the act of the session of the oth and 6th years of the reign of Ms Majesty King William the Fourth, chaj)ter 76, or of the session of the 3rd and 4th years of the reign of her present Majesty, chapter 108, or any municipal office ; and (3.) Of holding any judicial office, and of being appointed and of acting as a justice of the peace, 44. If on the trial of any election petition under this act any candidate is proved to have personally engaged at the election to which such petition relates as a canvasser or agent for the management of the election, any j)erson knowing that such person has within seven years previous to such engagement been found guilty of any corrupt practice by any competent legal tribunal, or been reported guilty of any corrupt practice by a committee of the House of Commons, or by the report of the judge upon an election petition under this act, or by the report of commissioners apjiointed in pursuance of the act of the session of the 15th and 16th years of the reign of her present Majesty, chapter 57, the election of such candi- date shall be void. 45. Any person, other than a candidate found guilty of bribery in any proceeding in which after notice of the charge lie has had an opportunity of being heard, shall, during the seven years next after the time at ivhich he is so found guilty, be incapable of being elected to and sitting in parliament ; and, also he incapable — (1.) Of being registered as a, voter and voting at any elec- tion in the United Kingdom ; and (2.) Of holding any office under the act of the session of the iJtIi and 6th years of the reign of his Majesty King William the Fourth, chapter 76, or of the THE PARLIAMENTARY ELECTIONS ACT, 1868. 189 session of the. 3rd (Did Ath years of the reujii of her prese)it Majesty, chapter 108, or any municipal office; and (3.) Of holding any judicial office and of hei)i(j appointed and of actiiKj as a justice of the peace. 46. For the purpose of disqucdifying, in pursuance of the 3Gth section of " The Corrupt Practices Prevention Act, 1854," a member guilty of corrupt practices, other titan per- sonal hrihery within the AZrd section of this act, the report of the judge on the trial of an election petition shall he deemed to he substituted for the declaration of an election committee, and the said section shall be construed as if the icords " re- ported by a judge on the trial of an election petition" ivere inserted therein in the place of the words " declared by an election committee." 47. If at any time after any person has become disquali- fied by virtue of this act, the witnesses, or any of them, on luhose testimony such person shall have so become disqualified, shall, upon the prosecution of such person, he convicted of perjury in respect of such testimony, it shall be laioful for such person to move the court to order, and the court shall, upon being satisfied that such disqualification was procured by reason of perjury, order, that such disqualification shall thenceforth cease and determine, and the same shall cease and determine accordingly. Miscellaneous. 48. If any returning officer wilfully delaj's, neglects, or refuses duly to return any person who ought to be re- turned to serve in parliament for any county or borough, such person may, in case it has been determined on the hearing of an election petition under this act that such person was entitled to have been returned, sue the officer having so wilfully delayed, neglected, or refused duly to make such return at his election in any of her Majesty's courts of record at Westminster, and shall recover double the damages he has sustained by reason thereof, together with full costs of suit ; provided such action be com- menced within one year after the commission of the act on which it is grounded, or within six months after the conclusion of the trial relating to such election. 49. In reckoning time for the purjioscs of this act, Sun- day, Christmas-day, Good Friday, and any day set apart for a public fast or public thanksgiving shall be excluded. 50. Erom and after the next dissolution of parliament no election or return to parliament shall be questioned except in accordance with the jirovisions of this act, but until such dissolution, elections and returns to parlia- ment may bo cpiestioned in manner heretofore in use. 51. Where an election ijetition under this act complains Amend- ment of the law relat- ing to the disqualifi- cation of candidates for corrupt practices. [Repealed] Removal of disqualifi- cation on proof that disqualifi- cation was procured by ■perjury. [Eepealed] Eeturning officer may be sued for neglecting to return any person duly elected. Calcula- tion of time. Contro- verted elections to be tried under act. lleturniiig 190 APPENDIX. officer if com- plained of to be re- spondent. Petition comjjlaiu- ing of no return. Eecrimi- nation when peti- tion for undue re- turn. Repeal of acts. Provision as to pay- ment of additional judges and remunera- tion of judges for duties to bo per- formed under this act. Commis- sions of in- quiry into corrupt practices. of the conduct of a returning officer, such returning officer shall for all the purposes of this act, except the admission of respondents in his place, be deemed to be a respondent. 52. A petition under this act complaining of no return may be presented to the court, and shall be deemed to be an election jsetition within the meaning of this act, and the court may make such order thereon as they think expedient for compelling a return to be made, or may allow such iDetition to be heard by the judge in manner hereinbefore i)rovided with respect to ordinary election petitions. 53. On the trial of a petition under this act, complain- ing of an undue return, and claiming the seat for some person, the respondent may give evidence to prove that the election of such person was undue in the same manner as if he had presented a petition complaining of such election. 54. From and after the next dissolution of j^arliament the acts contained in the schedule hereto are repealed, so far as relates to elections and petitions, to the extent therein mentioned ; provided that such repeal shall not affect the validity or invaHdity of anything already done or suffered, or any offence already committed, or any remedy or proceeding in respect thereof, or the j)roof of any j^ast act or thing. 66. The additional jKiisne judges appointed under this act to each of the Courts of Queen's Bench, the Common Pleas, and the Exchequer, in England, shall, as to rank, salary, jiension, attendant officers, jurisdiction, and all other pri\'ileges and duties of a judge, stand in the same jDOsition as the other puisne judges of the court to which he is attached. Any puisne judge of the said courts appointed in pur- suance of or after the passing of this act shall be autho- rized to sit, and shall, when requested by the lord chan- cellor, sit as judge of the Court of Probate and Court of Marriage and Divorce, or of the Admiralty Court. 56. If, upon a petition to the House of Commons, pre- sented within twenty-one days after the return to the clerk of the crown in chancerj' in England, or to the clerk of the crown and hanaj^er in Ireland, of a member to serve in pai-Hament for any borough or county, or within fourteen days after the meeting of parliament, and signed by any two or more electors of such boi'ough or county, and alleging that corruj^t practices have extensively pre- vailed at the then last election for such borough or county, or that there is reason to believe that corrupt practices have there so prevailed, an address bo jjresented by both houses ot' ijarlianient, praying that such allega- THE PARHAMENTARY ELECTIONS ACT, 1868. 191 tion may be inquired into, the crown may ajipoint com- missioners to inquire into the same ; and if such commis- sioners in such case he appointed, thej' shall inquire in the same manner and with the same powers, and subject to all the provisions of the statute of the 1 jth and IGth of Victoria, chapter 57. 57. Any person who, at the time of the j^assing of this act, was entitled to practise as agent, according to the principles, practice and rules of the House of Commons, in cases of election petitions, and matters relating to elec- tion of members of the House of Commons, shall be en- titled to practise as an attorney or agent in cases of election petitions, and all matters relating to elections, before the court and judges prescribed by this act : jirovided that every such person so practising as aforesaid shall, in respect of such practice and everything relating thereto, be subject to the jurisdiction and orders of the court as if he were an attorney of the said court : and further pro- vided that no such person shall practise as aforesaid until his name shall have been entered on a roll to be made and kept, and which is hereby authorized to be made and ke2)t, by the prescribed officer in the prescribed manner. 58. The provisions of this act shall apply to Scotland, subject to the following modifications : — 1. The expression " the court" shall mean either divi- sion of the inner house of the Court of Session, and either of such divisions shall have the same powers, jurisdiction and authority with reference to an election petition in Scotland, and the proceedings thereon, which by this act are conferred on the Court of Common Pleas at Westminster with re- spect to election petitions in England : 2. The expression " county" shall not include a county of a city, but shall mean any county or division of a county, or any combination of counties, or of counties and portions of counties, returning a member to serve in iDarUament : 3. The expression "borough" shall mean any univer- sity or universities, or any city, town, burgh, or district of cities, towns, or burghs returning a member or members to seiwe in parliament : 4. " Eecognizance " shall mean a bond of caution, with usi;al and necessary clauses : 5. The trial of every election petition in Scotland shall be conducted before a judge of the Court of Ses- sion, to be selected from a rota to be fonned as hereinafter mentioned : 6. The judges of the Court of Session shall, on or before the first day of the winter session in every year, select, by a majority of votes, two of the judges of Eules as to agents practising in cases of election petitions. Ap])]ica- tion of act to Scot- land. 192 APPENDIX. sucli court, not being members of the House of Lords, to be placed on the rota for the trial of election j^etitions during the ensuing year : 7. If in any case the judges of the said court are equally divided in their choice of a judge to be placed on the rota, the lord president shall have a second or casting vote : 8. Any judge placed on the rota shall be re-eligible in the succeeding or any subsequent year : 9. In the event of the death or illness of any judge for the time being on the rota, or his inability to act for anjr reasonable cause, the judges shall fill up the vacancy by placing on the rota another judge : 10. The judges for the time being on the rota shall, according to their seniority, respectively try the election petitions standing for trial under this act, unless they other-^-ise agree among themselves, in which case the trial of each election petition shall be taken in manner provided by such agreement : 11. Where it appears to the judges on the rota, after due consideration of the list of petitions under this act for the time being at issue, that the trial of such election petitions will be inconveniently delayed unless an additional judge or judges be appointed to assist the judges on the rota, the judges of the court of session shall, on and according to the re- quisition of such judges on the rota, select in manner hereinbefore provided, a judge to try election peti- tions for the ensuing year; and any judge so selected shall during that year be deemed to be on the rota for the trial of election petitions : 12. The duties to be i^erformed bj^ the prescribed officer under this act with reference to election petitions in Scotland shall be performed by such one or more of the principal clerks of session as may be deter- mined by the lord president of the Court of Session ; and there shall be awarded to such principal clerk or clerks, in addition to their existing salaries, such remuneration for the performance of the duties im- posed on them in pursuance of this act as the said lord president may, with the consent of the commis- sioners of the treasury, determine : 13. The judge shall be received at the jjlace where he is about to try an election petition under this act in the same manner and by the same authorities, as far as circumstances admit, as a judge of the Court of Justiciary is received at a circuit town, and he shall bo attended by such officer or ofl^icers as shall be ncccssarj^ : M. The travelling and other (■xi)enscs of the judge, and THE PARLIAMENTARY ELECTIONS ACT, 1868. 193 of the officer or officers in attendance upon liim, and all exi^enses projierly incurred in providing the judge with a proper court, shall be defrayed by the commissioners of the treasury out of money to be provided by parliament : 15. On the trial of an election petition under this act, the judge shall, subjt^ct to the provisions of thi« act, have the same powers, jurisdictions, and autho- rity as a judge of the Court of Session presiding at the trial of a civil cause without a jury : 16. The principles of taxation, of costs as between attorney : [EepealedJ and client iti a suit in the Iliijli Court of Chancery shall in Scotland mean the principles of taxation of expenses as between arjetit and client in the Court of Session : 17. Any of her Majesty's courts of record at West- minster shall in Scotland mean the Court of Session in Scotland : 18. In lieu of the provisions for the estreating of a re- cognizance under an election petition, the j^rescribed officer shall, when otherwise competent under the pi'ovisions of this act, certify that the conditions contained in the bond of caution have not been fulfilled, and it shall then be competent for the party or parties interested to register the said bond, and do diligence upon it as accords of law. 59. This act shall be in force until the expiration of Duration three years from the passing of such act, and to the end of of '''■ct- the then next session of parliament. SCHEDULE. Date of Act. Title of Act. Extent of Repeal. 4&5Vict. c. 57.. An Act for the Prevention of Bribery at ElectionH. The whole Act. 5&6Vict. 0. 102. An Act for the better Discovery and Prevention of Bribery and Treat- ing at the Election of Members of Parliament. The whole Act. 11 &12Vict. c. 98 An Act to amend the Law for the Trial of Election Petitions. The whole Act. 26 Vict. c. 29 . . . . An Act to amend and continue the Law relating to Corrupt Practices at Elections of Members of Parfia- ment. Section 8. 28Vict. c.S An Act to amend ' ' The Election Petitions Act, 1848," in certain particulars. The whole Act. 194 APPENDIX. Repeal of acts in the schedule. Bribeiy defined. THE COEEUPT PEACTICES PEEVENTION ACT, 1854. 17 & 18 Vict. c. 102. An Act to consolidate and amend the Laws relating to Bribery, Treating, and undue Influence at Elections of Members of Parliament. [lOth August, 1854.] Wheeeas the laws now in force for preventing corrupt practices in the election of members to serve in parliament have been found insufficient : And whereas it is expedient to consolidate and amend such laws, and to make further provision for securing the freedom of such elections : Be it enacted, &c. 1. 'The several acts of parliament mentioned in the schedule A. hereto annexed shall he repealed to the extent specified concerning the same acts respectively in the third column of [Repealed] the said schedule. 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 anj' 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 oifer, promise, or promise to jDrocure or to endeavour to procure, anj' office, place, or emploj^ment 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, THE CORRUPT PRACTICES PREVENTION ACT, 1854. 195 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 paj-, 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 whoUj" or in part expended in bribery at any election : A7id any person so offending shall he guilty of a misdemeanor, [Repealed] and in Scotland of an offence punishable by fine and im- frisonment, and shcdl also be liable to forfeit the sum of 1001. to any p)erson who shall sue for the same, together with full costs of suit: 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 bond fide incurred at or concerning any election. 3. The following persons shall also be deemed guilty of Bribery bribery and shall be punishable accordingly : further de- 1. Every voter who shall, before or during any election, fi^^^^- 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 : 2. Every person who shall, after any election, dii'ectly or indirectly, by himself or by any other person on his behalf, receive any money or valuable conside- ration on account of any person having voted or refrained from voting, or having induced any other person to vote or to refrain from voting, at any election : And any person so offending shall he gu ilty of a misdemeanor, [Repealed] andin Scotland of an offence punishable by fine and inqjrison- vient, and sludl also he liable to forfeit the sum of 10/. to any Penalty, person who shall sue for the same, together with full costs of sitif. 196 APPENDIX. Treating defined. [Repealed] Penalty. Undue in- fluence de- fined. [Repealed] Penalty. Natnes of offenders to be struck Old of re- gister, and inserted in separate _ list. [Repealed] 4. Every candidate at an election, wlio shall corruptly by himself, or hy or ivith any person, or by any other ways or means on his behalf, at any time, either before, during, or after any election, directly or indirectly, give or provide, or cause to be given or provided, or shall be accessory to the giving or providing, or shall pay, tvholhj or in part, any expoises incurred for any meat, drink, entertainment, or provision to or for any person, in order to be elected, or for being elected, or for the purpose of corruptly influencing such pjerson or any other person to give or refrain from giving his vote at such election, or on account of such person having voted or refrained from voting, or being about to vote or refrain from voting, at such election, shall be deemed guilty of the offence of treating, and shall forfeit the sum of 501. to any pjerson tuho shall sue for the same, ivith full costs of suit ; and every voter who shall corruptly accept or taJce any such meat, drink, entertainment, or provision, shall be incapable of voting at such election, and his vote, if given, shall be utterly void and of none effect. 5. Every person ivho shall, directly or indirectly, by him- self, or by any other person on his behalf, make use of, or threaten to make use of, any force, violence, or restraint, or inflict or threaten the infliction, by himself or by or through any other person, of any injury, damage, harm, or loss, or in any other marmer practise intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such pjerson having voted or refrained from voting, at any election, or who shall, by abduction, duress, or any fraudulent device or contrivance, impede, pjrevent, or otherivise interfere with the free exercise of the franchise of any voter, or shall thereby compel, induce, or prevail upon any voter, either to give or to refrain from giving his vote at any election, shcdl be deemed to have com- mitted the offence of undue influence, and shall be guilty of a misdemeanor, and in Scotland of an offence punishable by fine or imprisonment, and shall also be liable to forfeit the sum of 50/. to any pjerson who shall sue for the same, together with full costs of suit. 6. Wlunever it shall be proved before the revising barrister tJiat any person tvho is or claims to be pjlaced on the list or register of voters for any county, city, or borough has been convicted of bribery or undue influence at an election, or that judgment has been obtained against any such person for any penal sum hereby made recoverable in respect of the offences of bribery, treating, or undue influence, or either of them, then and in that case such revising barrister shall, in case the name of such person is in the list of voters, expunge the same therefrom, or shall, in case such person is claiming to have his name inserted therein, disnlloiv such claim ; and the THE CORRUPT TRACTICES PREVENTION ACT, 1854. 197 names of nJl persons iv/iose names shall ht so expunged from the list of voters, and ivhose claims shall be so disalloioed, shall be thereupon inserted in a separate list, to be entitled "The list of persons disqualified for bribery, treating, or undue influence,'''' ivliich last-mentioned list shall be appended to the list or rec/ister of voters, and shall be printed and pub- lished therovitli, tuherever the same shall be or is required to be printed or jnthlished. 7. No candidate before, during, or after any election shall in regard to sucli election, by himself or agent, directly or indirectly, give or provide to or for any per- son ha\'ing a vote at such election, or to or for any inha- bitant 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 shall for every such offence forfeit the sum of 2/. to such person as shall sue for the same, together with full costs of suit ; and all pai/ments made for or on account of any chairing, or any such cochade, ribbon, or mark of distinction as afore- said, or of any bands of music or flags or banners, shall be deemed' illegal payments u'ithin this act. 8. No person having a right to vote at the election for any county, city, borough, or other place shall be liable or compelled to serve as a special constable at or during any election for a member or members to serve in parlia- ment for such county, citj', borough, or other place, unless he shall consent so to act ; 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 not- withstanding. 9. The pecuniary penalties hereby imposed for the offences of bribery, treating, or undue influence respectively shall be recoverable by action or suit by any person ivho shall sue for the same in any of her Majesty^s superior courts at Westminster, if the offence be committed in England or Wales, and in any of her Majesty^s superior courts in Dublin if the offence be committed in Ireland, and in or before the Court of Session if the offence be committed in Scot- land, and not otherwise. 10. It shall be lawful for any criminal court, before which any prosecution shall be instituted for any offence against the provisions of this act, to order payment to the prosecutor of such costs and expenses as to the said court shall appear to have been reasonably incurred in and about the conduct of such prosecution : Provided alwaj-s, that no indictment for bribery or undue influence shall be triable before any court of quarter sessions. 11. For the more effectual observance of this act, every returning officer to whom the execution of anj' writ or No cock- ades, &c. to be given at elections. Penalty. [Kepealed] Voters not to serve as special constables during elections. Penalties how to be recovered. [Repealed] Costs and expenses of prosecu- tions. Koturning olliccr to 198 APPENDIX. give notice of election. In cases of private prosecu- tions, if judgment Ije given for the de- fendant, he shall re- cover costs from the prosecutor. Prosecutor not to be entitled to costs unless ho shall have en- tered into a recogni- zance to conduct prosecu- tion and pay costs. Limitation of actions. [Repealed] Power to returning officers to appoint election auditors. precept for electing any member or members to serve in parliament may appertain or belong sball, in lieu of the proclamation or notice of election heretofore used, publish or cause to be published such proclamation or notice of election as is mentioned in Schedule B. to this act, or to the like effect. 12. In case of any indictment or information by a private prosecutor for any offence against the provisions of this act, if judgment shall be given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of such indict- ment 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 pay- ment of the costs of a prosecution for any oft'ence against the provisions of this act, unless the prosecutor shall, before or upon the finding of the indictment or the grant- ing of the information, enter into a recognizance, with two sufficient sureties, in the sum of 200/. (to be acknow- ledged 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. No j^erson shall be liable to any i^enalty or forfeiture hereby enacted or imposed, unless some prosecution, action, or suit for the offence committed shall be commenced against such person -within the space of one year next after such offence against this act shcdl be committed, and unless such 2>erson shall be summoned or otherwise served loith writ or process tvithin the same space of time, so as such summons or service of writ or process shall not be p)f evented by such per- son absconding or withdrawing out of the jurisdiction of the court out of which such xvrit or other process shall have issued ; and in case of any such prosecution, suit, or process as aforesaid, the same shall be proceeded icitli and carried on ■without any tvilful delay. 15. Whereas it is expedient to make further provision for preventing the offences of bribery, treating, and undue influence, and also for diminishing the expenses of elections : Be it enacted, that within six days after the passing of this act the returning officers of the city of Canterbury, the boroughs of Cambridge, Kingston-upon- IIull, Maldon, and Barnstaple, and once in every year, in the month of August, tho returning officer of every county, citj', and borougli shall appoint a fit and proper ijnrson to be an election officer, to be called "election auditor or auditor of election exi^enses," to act at any election or THE CORRUPT PRACTICES PREVENTION ACT, 1854. 199 elections for and during the year tlien next ensuing, and until anotlier appointment of election auditor shall be made ; and such returning officer shall, in such way as he shall think best, give public notice of such aj^point- ment in such county, city, or borough ; provided, that any person appointed an election auditor may be re- appointed as often as the returning officer for the time being shall think fit ; and that every person who shall be an election auditor on the day appointed for any election shall continue to be the election auditor in respect of such election until the whole business of such election shall be concluded, notwithstanding the subsequent appointment of any other person as election auditor ; and every elec- tion auditor upon his appointment shall make and sign before the returning officer the following declaration : "I [A. i>.] do solemnly and sincerely promise and declare, that I will well and truly and faithfuUj', to the best of my abiUty in all things, perform my duty as elec- tion auditor according to the provisions of ' The Corrupt Practices Prevention Act, 1854,' " And every election auditor wilfully doing any act what- ever contrary to the true intent and meaning of such declaration shall bo deemed guilty of a misdemeanor and in Scotland of an offence punishable with fine and imprisonment. 16. All persons, as well agents as others, who shall have any bills, charges, or claims upon any candidate for or in respect of any election shall send in such bills, charges, or claims within one month from the day of the declaration of the election to such candidate, or to some authorized agent of such candidate acting on his behalf, otherwise such persons shall be barred of their right to recover such claims, and every or any part thereof : Pro- vided always, that in case of the death within the said mouth of any jierson claiming the amount of such bill, charge, or chiim, the legal representative of such person shall send in such bill, charge, or claim within one month after obtaining probate or letters of administration, or confirmation as executor, as the case may be, or the right to recover such claim shall be barred as aforesaid. 17. Every candidate shall, by himself or his agent in that behalf, within three months after the day of the declaration of the election, or within two months after any bill, charge, or claim has been sent in by the legal representative of any deceased creditor, as hereinbefore provided, send in to the election auditor for payment all such bills, charges, or claims (except as hereinafter ex- cepted) as have been sent in to such candidate within the one month hereinbefore specified from the day of the Bills, &c. to be sent in within one month to candidate or riglit to recover barred. Bills, &c. received within one month to be sent in to election auditor. 200 APrENUlX. ) As regards Scotland, an election of any j^erson to serve the office of councillor or commissioner of any municipal borough, or of a ward or district of any municipal borough : (c) As regards Ireland, an election of any person to serve the office of alderman, councillor, commis- sioner, municipal commissioner, town commis- sioner, townshij) commissioner, or assessor of any municipal borough. Applica- 30. This act shall apply to any parliamentary or tiou of act. municipal election which may be held after the passing thereof. Savmg. 31. Nothing in this act, except Part III. thereof, shall apply to any election for a university or combination of universities. THE BALLOT ACT, 1872. 229 Repeal. 32. The acts specified in the 4tli, bih., and Gth schedules ^epeal of to this act, to tho extent specified in the third column of sgi)^^^"|jes_ those schedules, and all other enactments inconsistent with this act, are hereby repealed. Provided that this repeal shall not affect — (a) Anything duly done or suffered under any enact- ment hereby repealed ; or {h) Any right or liability acquired, accrued, or inciu'red under any enactment hereby repealed ; or (c) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed ; or [d) Any investigation, legal proceeding, or remedy in respect of any such right, liability, penalty, for- feiture, or punishment as aforesaid ; and any such investigation, legal proceeding, and remedy may be carried on as if this act had not passed. 33. This act may be cited as The Ballot Act, 1872, and Short title. shall continue in force till the 31st day of December, 1880, and no longer, unless parliament shall otherwise deter- mine ; and on the said day the acts in the 4th, oth, and Gth Schedules shall be thereupon revived ; provided that such revival shall not aft'ect any act done, any rights ac- quired, any liability or penalty incurred, or any proceed- ing pending under this act, but such proceeding shall be carried on as if this act had continued in force. SCHEDULES. FIRST SCHEDULE. Paet I. EULES FOE PaeLIAJIENTAKY ELECTIONS. Election. 1. Tho rctm-runapers contained in the ballot boxes. The retui-n- ing officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers ■with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers. 35. The returning officer shall, so far as practicable, proceed continuously with coiuiting the votes, allowing only time for refreshment, and excluding- (except so far as he and the agents otherwise agree) the hoiu's between seven o'clock at night and nine o'clock on the succeeding morning. During the excluded time the returning officer shall place the ballot papers and other documents relating to the election under his o-\vn seal and the seals of such of the agents of the candidates as desire to affix their seals, and shall otherwise take proper precautions for the security of such papers and documents. 36. The retiuTiiug officer shall endorse "rejected" on any ballot paper which he may reject as invalid, and shall add to the endorsement " rejection objected to," if an objection be in fact made by any agent to liis decision. The returning- officer shall report to the clerk of the crown in chancery the numbers of ballot papers rejected and not counted by him under the several heads of — 1 . Want of official mark ; 2. Voting for more candidates than entitled to ; 3. Writing or mark by which voter could be identified ; 4. Unmarked or void for uncertainty ; and shall on request allow any agents of the candidates, before such report is sent, to copy it. 37. Upon the completion of the counting, the returning* officer shall seal up in separate packets the counted and rejected ballot papers. He shall not open the sealed packet of tendererd ballot papers or marked copy of the register of voters and countei'foils, but shall proceed, in the presence of the agents of the candidates, to verity the ballot paper accomit given by each presiding officer by comparing it with the number of ballot papers recorded by him as aforesaid, and tlu^ unused and sjDoilt ballot papers in his possession and the tendered votes list, and shall reseal each sealed packet after examination. The return- ing officer shall I'cport to the clerk of the crown in chancery the residt of such verification, and shall, on request, allow any agents of the candidates, before such report is sent, to copy it. 38. Lastly, the returning officer shall forward to the clerk of the crown in chancery (in manner in which the poll books are by any existing enactment required to be forwarded to such clerk, or as near thereto as cii-cumstances admit) all the packets of ballot papers in his possession, together Avith the 236 APPENDIX. said reports, the ballot paper accounts, tcuderecl votes lists, lists of votes marked by the jsresiding officer, statements relating thereto, declarations of inability to read, and packets of counter- foils, and marked copies of registers, sent by each presiding officer, endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the county or boroiigh for -which such election was held ; and the term poll book in any such enactment shall be consti'vied to include any document forwarded in pursuance of this rule. 39. The clerk of the crown shall retain for a year all docu- ments relating to an election forwarded to him in pursuance of this act by a returning officer, and then, unless otherwise directed by an order of the House of Commons, or of one of her Majesty's superior courts, .shall cause them to be destroyed. 40. No person shall be allowed to inspect any rejected ballot papers in the custody of the clerk of the crown in chancery, except under the order of the House of Commons or vmder the order of one of her Majesty's superior courts, to be granted by such court on being satisfied by evidence on oath that the in- spection or production of such ballot papers is required for the piu-pose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return ; and any such order for the inspection or production of ballot papers may be made subject to such conditions as to persons, time, place, and mode of insj)ection or production as the house or court making- the same may think expedient, and shall be obeyed by the clerk of the crown in chancery. Any power given to a court by this rule may be exercised by any judge of such court at chambers. 41. Ko person shall, except by order of the House of Commons or any tribunal having cognizance of petitions com- plaining of rmdue returns or undue elections, open the sealed packet of counterfoils after the same has been once scaled up, or be allowed to inspect any counted ballot papers in the custody of the clerk of the crown in chancery ; such order may be made subject to such conditions as to persons, time, place, and mode of oi^ening or inspection as the house or tribunal making- the order may think expedient ; jjrovided that on making and carrying into cifect any such order, care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent coui-t to be in- valid. 4'2. All documents forwarded by a returning officer in pur- suance of this act to the clerk of the crown in chancery, other than ballot papers and coimterfoils, shall be ox^eu to public in- spection at such time and under such regulations as may be prescribed by the clerk of the crown in chancei-j', with the consent of the Sjieaker of the House of Commons, and the clerk of the crown shall supply collies of or extracts from the said dociiments to any person demanding the same, on payment of sucli fees and subject to such regulations as may be sane* tioned by the treasury. THE BALLOT ACT, 1872. 237 43. Where au order is made for the production by tlie clerk of the crowu in chancery of any document in his possession relating to any specified election, the production by such clerk or his agent of the document ordered, in such manner as may be directed by siich order, or by a rule of the court having power to make such order, shall be conclusive evidence that such document relates to the specified election ; and any en- dorsement appearing on any packet of ballot papers produced by such clerk of the cro-rni or his agent shall be evidence of such papers being what they are stated to be by the endorse- ment. The production from proper custody of a ballot paper pui'porting to have been used at any election, and of a counter- foil marked -nath the same printed nimiber and having a number marked thereon in writing, shall be prima facie evidence that the person who voted by such ballot paper was the person who at the time of such election had affixed to his name in the register of voters at such election the same number as tlie nimiber written on such counterfoil. General Provisions. 44. The return of a member or members elected to serve in parliament for any county or borough shall be made by a cer- tificate of the names of such member or members under the hand of the returning officer endorsed on the writ of election for such county or borough, and such certificate shall have effect and be dealt with in like manner as the return under the existing law, and the returning officer may, if he think fit, deliver the writ with such certificate endorsed to the postmaster of the principal post office of the place of election, or his deputy, and in that case he shall take a receipt from the post- master or his deputy for the same ; and such postmaster or his deputy shall then forward the same by the first post, free of charge, imder cover, to the clerk of the crown, with the words " Election writ and return " endorsed thereon. 45. The returning- officer shall, as soon as possible, give public notice of the names of the candidates elected, and, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not. 46. "Where the returning officer is requii-ed or authorised by this act to give any public notice, ho shall cai'ry such require- ment into effect by advertisements, placards, handbiUs, or such other means as he thinks best calculated to afford information to the electors. 47. The returning officer may, if ho think fit, preside at any polling station, and the provisions of this act relating to a presiding officer shall apply to such returning officer with the necessary modifications as to things to be done by the return- ing officer to the presiding officer, or the presiding officer to the returning officer. 48. In the case of a contested election for any county or borough, the returning officer may, in addition to any clerks, appoint competent persons to assist hiiu in counting the votes. 49. No person shall be appointed by a rctumiug officer for 238 APPENDIX. the piu-poses of an eiection who has been employed by any other person in or about the election. 50. The presiding officer may do, by the clerks appointed to assist him, any act ■which he is required or authorised to do by this act at a polling station except ordering the arrest, ex- clusion, or ejection from the polling station of any person, 51. A candidate may himself undertake the duties which any agent of his if appointed might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place at -wliich his agent may, in pursuance of tliis act, attend. 52. The name and address of every agent of a candidate appointed to attend the counting of the votes shall be trans- mitted to the returning officer one clear day at the least before the opening of the poll ; and the returning officer may refuse to admit to the place where the votes are counted any agent whose name and address has not been so transmitted, not- withstanding that his appointment may be othei-wise valid, and any notice required to be given to an agent by the return- ing officer may be delivered at or sent by post to such address. 53. If any person a23pointed an agent by a candidate for the purposes of attending at the poUing station or at the counting of the votes dies, or becomes incapable of acting during the time of the election, the candidate may appoint another agent in his place, and shall forthwith give to the retm-ning officer notice in writing of the name and address of the agent so appointed. 54. Every returning officer, and every officer, clerk, or agent authorised to attend at a polling station, or at the counting of the votes, shall, before the opening of the poll, make a statutory declaration of secrecy, in the presence, if he is the returning officer, of a justice of the peace, and if he is any other officer or an agent, of a justice of the peace or of the retiirning officer ; but no such returning officer, officer, clerk, or agent as aforesaid shall, save as aforesaid, be required, as such, to make any declaration or take any oath on the occasion of any election. 55. Where in this act any expressions are used requiring or authorising or inferring that any act or thing is to be done in the presence of the agents of the candidates, such expressions shall be deemed to refer to the presence of such agents of the candidates as may be authorised to attend, and as have in fact attended, at the time and place where such act or thing is being done, and the non-attendance of any agents or agent at such time and place shaU not, if such act or thing be other- wise duly done, in anywise invalidate the act or thing done. 56. In reckoning time for the purposes of this act, Sunday, Christmas Day, Good Friday, and any day set apart for a public fast or public thanksgiving, shall be excluded ; and where anything is required by tliis act to be done on any day which falls on the above-mentioned days such thing may be done on the next day, unless it is one of the days excluded as above mentioned. THE BALLOT ACT, 1872. 239 57. lu this act — The expression "district borough" means the borough of Monmouth and any of the boroughs specified in Sche- dule E. to tlie act of the session of the 2nd and 3rd years of the reign of King William the Fourth, chapter 45, intitided ' ' An Act to amend the Representation of the People in England and "Wales ;" and The expression "polling place" means, in the case of a borough, such borough or any part thereof in which a separate booth is required or authorized by law to be provided ; and The expression "agents of the candidates," used in rela- tion to a polling station, means agents appointed in pursuance of sect. 85 of the act of the session of the 6th and 7th years of the reign of her present Majesty, chapter 18. Modifications in Application of Part I. of Schedule to Scotland. 58. In Scotland, the place of election shall be a convenient room situate in the town in which the writ for the election "would, if this act had not passed, have been proclaimed. 59. In Scotland, the candidates may respectively appoint agents to attend at the poUing stations. The ballot papers and other documents other than the retui-n reqiured to be sent to and kept by the clerk of the crown in chancery, shall, in Scot- land, be kept by the sheriff clerks of the respective counties in which the retui-ns (including those for burghs) are made, and the provisions of this schedule relating thereto shall be con- strued as if the sheriii clerk were substituted for clerk of the crown in chancery. 60. In Scotland, the term "district borough" shall mean the combined burghs and towns specified in Schedule E. of the act of the session of the 2nd and ord years of the reign of King William the Fourth, chapter 65, intitided "An Act to amend 31 & 32 the Representation of the People in Scotland;" and in Sche- Vict. c. 48. dule A. of the Representation of the People (Scotland) Act, 1868. 61. The provisions of the act of the session of the 2nd and 3rd years of the reign of King William the Fourth, chapter 65, in- titided "j\n Act to amend the Representation of the People in Scotland," in so far as they relate to the fixing and announce- ment of the day of election, the interval to elapse between the receipt of the writ and the day of election, the period of adjourn- ment for taking the poll in the case of Orkney and Shetland, and of the district of burghs comprising Kirkwall, Wick, Dor- noch, Dingwall, Tain, and Cromarty, and to tlie keepmg open of the poll for two consecutive days in the case of Orkney and Shetland, shall remain in full force and effect, anythiug in this act or any other act of parliament now in force notwithstanding ; but nothing herein contained shall be constnied to exclude Ork- ney and Shetland or Orkney or Shetland, or the said district of burghs, or any of the biu-ghs in the said district, from any of the benefits and obligations of the other portions of this act. 240 APPENDIX. Modifications In AppJicaiion of Fart I. of Schedule to Ireland. 62. The expression "clerk of the crown in chancery" in this schediile shall mean, as regards Ireland, "the clerk of the crown and hanaper in Ireland." 63. A presiding officer at a polling station in a county in Ireland need not be a freeholder of the county. Part II. Rules foe Municipal Elections. 64. In the application of the provisions of this schedule to municipal elections the following modifications shall be made : — (a) The expression "register of voters" means the burgess roll of the burgesses of the borough, or, in the case of an election for the ward of a borough, the ward list ; and the mayor shall provide true copies of such regis- ter for each polling station : (b) All ballot jDapers and other documents which, in the case of a parliamentary election, are forwarded to the clerk of the crown in chancery, shall be delivered to the town clerk of the municipal borough in which the election is held, and shall be kept by him among the records of the borough ; and the provisions of Part I. of this schedule wath respect to the inspection, pro- duction, and destruction of such ballot papers and documents, and to the copies of such documents, shall apply respectively to the ballot papers and documents so in the custody of the town clerk, with these modi- fications ; namely, (ff.) An order of the county court having jurisdic- tion in the borough, or any part thereof, or of any tribunal in which a municipal election is questioned, shall be substituted for an order of the House of Com- mons or of one of her Majesty's superior coui'ts ; but an appeal from such county court may be had in like manner as in other cases in svich county court : (i.) The regulations for the inspection of documents and the fees for the supply of copies of documents of which copies arc directed to be supplied, shall be pre- scribed by the council of the borough with the consent of one of her Majesty's principal secretaries of state ; and, subject as aforesaid, the town clerk, in respect of the custody and destniction of the ballot jiapers and other documents coming into his possession in pursuance of this act, shall be subject to the directions of the council of the borough : [c.) Nothing in this schedule with respect to the day of the poll shall apply to a municipal election. THE BALLOT ACT, 1872. 241 Modifieattons in Application of Part II. of Schedule to Scotland. Go. In part two of this schedule as applying to Scotland — The expression "register of voters" means the register, list, or roll of persons entitled to vote in a ninnicipal elec- tion made up according to the law for the time being in force. The expression "county court" means the sheriff court. The expression "town clerk" includes the clerk appointed by the conmiissiouers of police under the act of the session of the 13th and 14th years of the reign of her present Majest}-, chapter 33, intituled "An Act to make more effectual provision for regulating the police of towns and populous places in Scotland, and for paving, draining, cleansing, lighting, and improving the same," and of the General Police and Improvement (Scotland) Act, 1862. 3[odi^ficatio)is in Application of Fart II. of Schedule to Ireland. GG. In part two of this schedule as applying to Ii'eland — ■ The expression "register of voters," in addition to the meaning specified in such part, means, in relation to any municipal borough subject to the provisions of a local act requiring an annual revision of the lists of voters at municiijal elections, the register of voters made in con- formity with the said provisions of such local act, and in relation to municipal boroughs to which Part II. of the Local Government (Ireland) Act, 1871, applies, the hst to be made under the provisions of section 27 of the said act, and in relation to other municipal boroughs a list which the toAvn clerk of everj^ municipal borough is hereby authorised and directed to make, in like manner in every respect as if the provisions of the said section were applic- able to and in force witliin such municipal borough. The expression ' ' county court ' ' means the civil bill court. The expression "town clerk" includes clerk to the com- missioners, municipal commissioners, town commissioners, or township commissioners of any municipal borough, and any person exccutmg the duties of such town clerk. The expression ' ' council of the borough ' ' includes com- missioners, mmiicipal commissioners, and town commis- sioners of the to-mi, and township commissioners of the township. The expression "one of her Majesty's principal secretaries of state" means the chief secretary of the lord lieutenant of Ireland. W. 242 APPENDIX. * The name of the Sovereign may be altered when ne- t Insert ''sheriff'' or other returning officer. X This pre- amble to be omitted except in case of a general election. § Except in a general election, insert here in the place of A. B., deceased, or other- wise, sta- ting the cause of vacancy. * Note. In- sert de- scription of place and room. SECOND SCHEDULE. Note. — The forms contained in this schedule, or forms as nearly resembling the same as circumstances "will admit, shall be used in all cases to -whicli they refer and are applicable, and when so used shall be sufficient in law. Writ for a County or Borough at a Parliamentary Election. * Victoria, by the gi-aee of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the t of the county [or borough] of , greeting : X Whereas by the advice of our Council we have ordered a parliament to be holden at Westminster on the day of nest. We command you that, notice of the time and place of election being first duly given, you do cause election to be made according to law of members [or a member] to serve in parliament for the said county [or the division of the said county, or the borough, or as the case may be'] of § and that you do cause the names of such members [or member] when so elected, whether they [or he] be present or absent, to be certified to us, in our chancery, withovit delay. Witness ourself at Westminster, the day of in the year of our reign, and in the year of our Lord 18 . Label or Direction of Writ. To the t of A writ of a new election of members [or member] for the said county [or division of a county or borough, or as the case may be]. Endorsement. Received the within writ on the day of 18 . (Signed) A. B., High Sheriff [or Sheriff or Mayor, or as the case may be]. Certificate endorsed on the Writ. I hereby certify, that the members [or member] elected for in piu'suance of the within-written writ, are [or is] A. B. oi in the county of and C. D. of in the county of . (Signed) A. B. High Sheriff [or Sheriff, or Mayor, or as the case may be]. Kate. — A separate wi'it will be issued for each county as defined for the pui-jsoses of a parliamentary election. Form of Xotice of Parlianuntary Election. The returning officer of the of will, on the day of now next ensuing, between the hours of and , proceed to the nomination, and, if there is no opposition, to the election, of a member [or members] for the said county [or division of a county or borough] at the* Forms of nomination paper may be obtained at *, be- tween the hours of and on Every nomination paper must bo signed by two registered electors as propnscr and seconder, and by eight other registered electors as a.ssentintr to the nomination. THE BALLOT ACT, 1872. 243 Every nomination paper must be delivered to the retm-ning officer by the candidate proposed, or by his proposer and seconder, between the said hoiu-s of and on the said day of at the said *. Each candidate nominated, and his proposer and seconder, and one other person selected by the candidate, and no other persons, are entitled to be admitted to the room. In the event of the election being contested, the poll will take place on the day of (Signed) A. B. SheriflP [or Mayor, or as the case may be"]. day of 18 . Take notice, that all persons who are guilty of bribery, treating, undue influence, personation, or other corrupt prac- tices 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 the Ballot Act, 1872, and the acts amending the said acts. * yote. — Insert de- scription of place and room. Form of Xominaiion Paper in Parliamentary Election, "We, the undersigned A. B. of in the of and CD. of in the of , being electors for the of , do hereby nominate the following person as a proper person to serve as member for the said in parliament : Surname. Other Names. Abode. Rank, Profession, or Occupation. BROWN .. John 52, George St., Bristol. Merchant. JONES . . or William David . . High Elms, WUts. Esquire. MERTON . . or Hon. Geoege Tra- vis, commonly called Viscount. Swanworth, Berks. Viscount. SMITH . . or Heney Sydney . . 72, High St., Bath Attorney. (Signed) A. B. C. D. We, the undersigned, being registered electors of the do liereby \2 214 APPENDIX. assent to the nomination of the above-mentioned John Brown as a proper person to serve as member for the said in parhament. (Signed) E. F. of G. H. of I. J. of K. L. of M. N. of O. P. of Q. R. of S. T. of Note. — Where a candidate is an Irish peer, or is commonly known by some title, he may be described by his title as if it were his surname. Form of Nomination Taper in Municipal Election. Note. — The form of nomination paper in a municipal election shall 'as nearly as circumstances admit be the same as in the case of a parlia- mentary election. Form of Ballot Taper. Form of Front of BaUot Paper. Coimterfoil No. Note : The counterfoil is to have a num- ber to correspond with that on the back of the Ballot Paper. 1 BROWN (John Brown, of 52, George St., Bristol, merchant.) 2 JONES (William David Jones, of High Elms, Wilts, Esq.) 3 MERTON (Hon. George Travis, commonly called Viscount Merton, of Swanworth, Berks.) 4 SMITH (Henry Sydney Smith, of 72, High St., Bath, attorney.) Form of Back of Ballot Paper. No. Election for 18 . county [or borough, or ward]. Note. — The number on the ballot paper is to correspond with tliat in the couutci-foil. THE BALLOT ACT, 1872. 245 Directions as to printing Ballot Taper. Nothing is to be printed on the ballot paper except iu accordance with this schedule. The surname of each candidate, and if there are two or more candi- dates of the same surname, also the other names of such candidates, shall be printed in large characters, as shown in the form, and the names, addresses, and descriptions, and the number on the back of the paper, shall be printed in small characters. Form of Directions for the Guidance of the Voter in voting, ichich shall be printed in conspicuous Characters, and placarded outside every Polling Station and in every Compartment of every Polling Station. The voter may vote for candidate. The voter wiU go into one of the compartments, and, with the pencil provided La the compartment, place a cross on the right hand side, oppo- site the name of each candidate for whom he votes, thus X The voter will then fold up the ballot paper so as to show the official mark on the back, and lea\T.ng the compartment will, without showing the front of the paper to any person, show the official mark on the back to the presiding officer, and then, in the presence of the presiding officer, put the paper into the ballot box, and forthwith quit the polling station. If the voter inadvertently spoils a ballot paper, he can return it to the officer, who will, if satisfied of such inadvertence, give him another paper. If the voter votes for more than candidate , or places any mark on the paper by which he may be afterwards identified, his ballot paper will be void, and will not be counted. If the voter takes a ballot paper out of the polling station, or deposits in the ballot box any other paper than the one given him by the officer, he wUl be guilty of a misdemeanor, and be subject to imprisonment for any term not exceeding six months, with or without hard labour. Note. — These directions shall be illustrated by examples of the ballot paper. Form of Statutory Declaration of Secrecy. I solemnly promise and declare. That I will not at this election for do anything forbidden by sect. 4 of the Ballot Act, 1872, which has been read to me. Note. — The section must be read to the declarant by the person taking the declaration. Form of Declaration of inability to read. I, A. B., of , being numbered on the register of voters for the county [or borough] of, do hereby declare that I am unable to read. A. B. his mark, day of I, the undersigned, being the presiding officer for the polling station for the county [or borough] of , do hereby certify, that the 246 APPENDIX. above declaration, having been first read to the above-named A. B., was signed by him in my presence with his mark. (Signed) CD., Presiding ofi&cer for polling station for the county \or borough] of day of THIRD SCHEDULE. Provisions of Registration Acts referred to in Part III. of the foregoing Act. Session and Chapter. 6 & 7 Vict. c. 18 13 i 14 Vict. 0. 69 As to England. An Act to amend the law for the registration of persons entitled to vote, and to de- fine certain rights of voting, and to regulate certain pro- ceedings in the elections of members to serve in parlia- ment for England and Wales. As to Ireland. An Act to amend the laws which regulate the qualifi- cation and registration of parliamentary voters in Ire- laud, and to alter the law for rating immediate lessors of premises to the poor rate in certain borouo:hs. Part applied. Sections 85 to 89, both inclusive. Sections 92 to 96, both inclusive. THE BALLOT ACT, 1872. 247 FOURTH SCHEDULE. Acts relating to England. Note. — This schedule, so far as respects acts prior to the 10th year of the reign of George the Third, refers to the edition prepared under the direction of the lord chancellor, intituled "The Statutes, Revised Edition." 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 com- prised in the description or citation. 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. Ext ait of Repeal. 7 Hen. 4 (statute of the seventh year) — chapter 15. 8 Hen. 6 (statutes of the eighth year of King Henry VI.) — chapter 7, from "and such as have the greatest number" to "shall lose their wages" and from "and that in every writ that shall hereafter go forth ' ' to the end of the chapter. 23 Hen. 6 (here begin the statutes made at "Westminster in the twenty- third year) — chapter 14. 7 & 8 Will. 3, c. 25 (An Act for the further regulating elections of members to serve in parliament, and for the preventing irregular proceedings of sheriffs and other of&cers in the electing and return- ing such members) — sects. 3 and 4, and sect. 5 down to "writing the same." * 10 "Will. 3, c. 7 (An Act for preventing irregular proceedings of sheriffs and other officers in making the returns of members chosen to serve in parliament) — so much as is unrejoealed. 2 Geo. 2, c. 24 (An Act for the more effectual preventing bribery and corruption in the elections of members to serve in parliament) — sects. 3 and 9. 18 Geo. 2, c. 18 (An Act to explain and amend the laws touching the elections of knights of the shire to serve in parliament for that part of Great Britain called England) — sect. 6 from " or shall vote more than once," to the end of that section, and sects. 9 to 16. 19 Geo. 2, c. 28 (An Act for the better regulating of elections of members to serve in parliament for such cities and towns in that part of Great Britain called England as are counties of themselves) — sect. 4, from " or shall vote more than once," to end of that section, and sects. 6 to 12. 3 Geo. 3, c. 15 (An Act to prevent occasional freemen from voting at elections of members to serve in parliament for cities and boroughs) — sect. 7. 11 Geo. 3, c. 55 [An Act the title of tohich begins ivith the icorcls " An Act to incapacitate," and ends with the words "New Shoreham, in the county of Sussex ") — the whole act. 10 & 11 "W. 3, in running headings in ordinary editions. 248 ArPEKmx. 21 Geo. 3, c. 54 (An Act for the better regiilating' elections of citizens to ' serve in parliament for the city of Coventry) — sects. 7 to 9 and 14. 22 Geo. 3, c. 31 (An Act for the preventing of bribery and corruption in the election of members to serve in parliament for the borough of Cricklade in the county of Wilts) — the whole act. 25 Geo. 3, c. 84 (An Act the title of which begins iiith the words " An Act to limit the duration," and ends with the icords " to serve in parlia- ment") — the whole act, except sect. 1 down to "make a return of such person or persons," and sect. 3 in so far as that part of a sec- tion and section relate to the universities. 33 Gen. 3, c. 64 [An Act the title of which begins tvith the ivords "An Act to explain and amend an act," and ends with the words "time and place of election ") — the whole act, except so far as it relates to the universities. 34 Geo. 3, c. 73 (An Act for directing the appointment of commissioners to administer certain oaths and declarations required by law to be taken and made by persons offering to vote at the election of mem- bers to serve in parliament) — the whole act. 42 Geo. 3, c. 62 (An Act for extending the provisions of an act made iu the 34th year of the reign of his present Majesty, intituled "An Act for directing the appointment of commissioners to administer certain oaths and declarations required by law to be taken and made by persons offering to vote at the election of members to serve in parlia- ment," to all oaths now required by law to be taken by voters at elections for members to serve in parhament) — the whole act. 43 Geo. 3, c. 74 (An Act for further regulating the administration of the oath or affirmation required to be taken by electors of members to serve in parliament, by an act passed in the 2nd year of King George the Second, intituled "An Act for the more effectual preventing bribery and corruption in the election of members to serve in parlia- ment) — the whole act. 44 Geo. 3, c. 60 (An Act for the preventing of bribery and corruption in the election of members to serve in parliament for the borough of Aylesbiuy in the county of Buckingham) — the whole act. 11 Geo. 4 & 1 Will. 4, c. 74 (An Act to prevent bribery and corruption in the election of burgesses to serve -in parliament for the borough of East Retford) — the whole act. 2 & 3 Will. 4, c. 45 (An Act to amend the representation of the people in England and Wales)— sects. 58 to 60 ; sects. 62, 63, 65, 67 ; part of sect. 68, namely, from "shall if required thereby " dowTi to "poll at each compartment, and," and from "and in case the booths shall be situated in diiierent places" to "lawfully closed;" and sect. 69; and sect. 71 from "and that all deimties" to "candidates at such election," and from " provided also, that the sheriflp " to the end of the section; and sects. 72, 73 and 74. 2 & 3 Will. 4, c. 64 (An Act to settle and describe the divisions of counties and the limits of cities and boroughs in England and Wales, in so far as respects the election of members to serve in parliament) — sects. 29 to 33, and so much of sect. 34 as relates to taking the poll. 5 & 6 Will. 4, c. 36 (An Act to hmit the time of taking the poll in boroughs at contested elections of members to serve in parliament to one day)— the whole act, except sect. 2, down to " in the forenoon," and from "and the polling" to "in the afternoon ; " and sects. 7 to 9. THE BALLOT ACT, 1872. 249 6 & 6 Will. 4, c. 76 (An Act to provide for the regulation of municipal corporations in England and Wales) — the words " openly assemble and" in sect. 30; sect. 32 from " by delivering to the mayor and assessors " to the end of that section, and so much of the rest of that section as relates to assessors; sect. 33 from "and shall be so divided" to "poll at each compartment, and," and from "and in case the booths " to "at each place; " the words "Are you the person whose name is signed as A.B. to the voting paper now delivered in by you " in sect. 34, and sect. 35 from " and the mayor shall cause the voting papers" to end of that section, and so much of the rest of that section as relates to assessors ; and so much of sects. 43, 44, and 46 as relates to assessors. 6 & 7 Will. 4, c. 102 (An Act for rendering more easy the taking the poll at county elections) — the whole act. 6 & 7 Vict. c. 18 (An Act to amend the law for the registration of persons entitled to vote and to define certain rights of voting, and to regidate certain proceedings in the election of members to serve in parliament for England and Wales) — sect. 79 from "Provided always, that it shall not be lawful " to end of that section ; sect. 80 ; so much of sect. 81 as relates to a commissioner or commissioners ; sects. 83, 84, and 91, sects. 94 to 96, and sects. 98 and 99. 16 & 17 Vict. c. 1.5 (An Act to Kmit the time of taking the poll in counties at contested elections for knights of the shire to serve in parliament in England and Wales to one day) — the whole act, except sect. 2, down to "in the afternoon of such day," and sect. 3. 16 iS: 17 Vict. c. 68 (An Act to limit the time for proceeding to election m counties and boroughs in England and Wales, and for polling at elections for the universities of Oxford and Cambridge, and for other purposes) — sects. 2, 3, 7, and 8. 17 & 18 Vict. c. 102 ("The Corrupt Practices Prevention Act, 1854")— sect. II and Schedule B. 22 Vict. c. 35 ("The Municipal Corporation Act, 1859") — so much of sect. 7 as relates to the form of nomination paper and so much of sect. 8 as relates to a.ssessors. 25 & 26 Vict. c. 95 (An Act to amend the law relating to polling places in the boroughs of New Shoreham, Cricklade, Aylesbury, and East Retford) — the whole act. 30 & 31 Vict. c. 102 (" The Eepresentation of the People Act, 1867 ")— sect. 35 ; sect. 37 from " where in any place " to end of that section ; sect. 39. 31 & 32 Vict. c. 58 (" The Parliamentary Electors Registration Act, 1868 ")— sects. 4 to 16,124, 2G, 34, and 36. 31 & 32 Vict. c. 125 ("The Parliamentary Elections Act, 1868")— sect. 40, from " provided always " to the end of that section. 250 APPENDIX. FIFTH SCHEDULE. Acts relating to Scotland. 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 com- prised in the description or citation. Extent of Repeal. 2 & 3 Will. 4, c. 65 (An Act to amend the representation of the people in Scotland) — sects. 24 and 25 ; sect. 26 ; sect. 27 from the words " and each substitute so superintending " to the end of that section ; sect. 28 from the words " and shall within three days " to the end of that section ; sect. 29 the words " the market cross or some other convenient and open place in or immediately adjoining," and from the words " and if no more than one candidate " to the end of that section ; sect. 30 the words " the market cross or some other con- venient and open place in or immediately adjoining," and from the words ' ' and if no more candidates ' ' down to the words ' ' Saturdays and Sundays," and from the words "and the sheriff who proclaimed the writ " to the end of that section ; sects. 32, 33, and 39 ; sects. 43, 47, and 48. 3 & 4 Will. 4, c. 76 (An Act to alter and amend the laws for the election of the magistrates and councils of the royal burghs in Scotland) — sect. 8, so far as it provides that the election shall be by " open " poll, and from the words " and each poll clerk shall enter " to the end of that section; sect. 10, so far as it relates to poll-books; sect. 11, so far as it relates to voting by hsts ; and the words ' ' assemble in the town hall or other public room of such burgh and, ' ' and from the words ' ' and the provost ' ' to the end of that section; section 15, so far as inconsistent with this act; sect. 18; sect. 36, from the commencement to " provided always, that ;" and sect. 38. 3 & 4 Will. 4, c. 77 (An Act to provide for the appointment and election of magistrates and councillors for the several burghs and towns of Scotland which now return or contribute to return members to par- liament and are not royal burghs) — sect. 4, so far as it provides that the election shall be by open poll ; and from the words ' ' and each poll clerk shall enter " to the end of that section ; sect. 8, and sect. 9 from the words "assemble in the town hall " to the words " in each such burgh or town ;" so much of the section as relates to voting by lists, and from the words " and such town clerk " to the end of that section ; sect. 11, so far as inconsistent with this act ; and sects. 18 and 34. 4 & 5 Will. 4, 0. 86 {An Act the title of which, begins with the ivords "An Act to explain certain provisions," and ends with the ivords "to return members to parliament, and are not royal birrghs") — the whole act. 4 & 5 Will. 4, c. 87 {An Act the title of -which begins tvith the words "An Act to explain certain provisions," and ends with the words " of the royal burghs of Scotland ") — the whole act. THE BALLOT ACT, 1872. 251 4 & 5 Will. 4, 0. 88 (An Act for the more effectual registration of persons entitled to vote in the election of members to serve in parliament) — the whole act. 6 & 6 WiU. 4, c. 78 {An Act the title of which begins with the tvords "An Act to explain and amend an Act," and ends with the words "and to diminish the expenses thereof ") — sects. 1 and 2 ; sect, o from " and after the poU" to "the declaration" ; sects. 6, 7, 8, 12, 13 and 15. 13 & 14 Vict. c. 33 (An Act to make more effectual provision for regu- lating the police of towTis and populous places in Scotland, and for paving, draining, cleansing, lighting, and improving the same) — sects. 7 to 11 and 13 to 26, sects. 29 and 30, so far as their provisions are inconsistent with the provisions of this act, and Schedules (A.), (B.), and (C). 16 & 17 Vict. c. 28 (An Act to amend the law as to taking the poll at elections of members to serve in Parliament for Scotland) — sects. 1 and 10. 18 & 19 Vict. c. 24 (An Act the title of ivhich begins with the tcords "An Act to amend an Act," and ends ivith the words "in county elections in that country ") — the whole act. 24 & 2.5 Vict. c. 83 (An Act to amend the law regarding the registration of county voters in Scotland) — Schedule (D.) armexed to the act from the words ' ' and that I am possessed ' ' to the end of the said schedule. 25 & 26 Vict. c. 101 [An Act the title of ivhich begins with the words "An Act to make more effectual provision for regulating the police," and ends with the tvords "and also for promoting the pubUc health thereof ") — -sects. 46, 47 and 50, so far as then- provisions are incon- sistent with the provisions of this act. 28 & 29 Vict. c. 92 (An Act to shorten the time for the election of mem- bers for the Ayr district of burghs) — the whole act. 31 & 32 Vict. c. 48 (An Act for the amendment of the representation of the people in Scotland) — sect. 24 from the words "and in the case of a poll being demanded ' ' to the words ' ' the said sheriff of the comity of Peebles ;" and sects. 44 and 54 ; and sect. 59 from the words "oath of possession " to the end of that section. 31 & 32 Vict. c. 58 {An Act the title of which begins with the words "An Act to amend the law of registration," and ends with the ivords " other purposes relating thereto ") — sect. 13. SIXTH SCHEDULE. Acts relating to Ireland. 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 com- prised in the description or citation. Acts of the Pabltament of Ieelajnd. Extent of Repeal. 10 Hen. 7, c. 22 (An Act confirming all the statutes made in England) — so much of the same as extends to Ireland the proN^sions of the acts 252 APPENDIX. of the parliament of England following' ; namely, — 7 Hen. 4, c. 15, 8 Hen. 6, c. 7, from "and such as have the greatest number" to "shall lose their wages," and from "and that in every writ that shaU hereafter go forth " to the end of the chapter, 23 Hen. 6, c. 14. 35 Geo. 3, c. 29 (An Act for regulating the election of members to serve in parliament, and for repealing the several acts therein mentioned) — sect. 3, sects. 5 to 13, sects. 15 to 18, sect. 20. Acts of the Paeliament of the United Kingdom. Extent of Repeal. 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 par- liament for Ireland) — sects. 2, 3, sect. 5, from the words " and that such sheriff " to the end of that section, sects. 6 to 21, sect. 23, sects. 41, 42. 9 Geo. 4, 0. 82 (An Act to make provision for the lighting, cleansing and watching of cities, towns, coi-porations and market towns in Ireland in certain cases) — so much of sects. 12 and 16 as prescribes the mode of election of commissioners. 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 counties of cities and counties of towns in Ireland) — sect. 33 from the words " and that such sheriffs" to the end of that section, sects. 34 to 47, sects. 49 to 59, sects. 60 to 62, sects. 64, 65, sects. 68 to 70, 72, 76, 77. 2 & 3 Will. 4, c. 88 (An Act to amend the representation of the people of Ireland) — sect. 30, sect. 48, and sects. 49 to 54. 3 & 4 Vict. c. 108 (An Act for the regulation of municipal corporations in Ireland) — sect. 64 from the words " by delivering to the mayor or barrister" to the end of that section, and so much of that section as relates to assessors; sect. 65 from "and shaU be so divided" to "poll at each compartment," and from "in case the booths" to "at each place;" the words "are you the person whose name is signed as A. B. to the voting paper now delivered in by you," in sect. 66; sect. 68 from "and the mayor shall cause the voting papers" to the end of that section, and so much of the rest of that section as relates to assessors ; and so much of sect. 70 as relates to ward assessors. 6 & 7 Vict. c. 93 (An Act to amend an act of the 3rd and 4th years of her present Majesty for the regulation of municipal corporations in Ireland) — sect. 23. 9 & 10 Vict. c. 19 (An Act to amend an act of the 2nd and 3rd years of his late Majesty, by providing additional booths or polling places at elections in Ireland where the number of electors whose names shall begin with the same letter of the alphabet shall exceed a certain number) — the whole act. 13 & 14 Vict. c. 68 (An Act to shorten the duration of elections in Ireland, and for establishing additional places for taking the poll thereat) — sect. 1, sect. 3, sect. 4, sects. 10 to 14, so much of sect. 15 as pre- scribes the interval between the election and the polling, sect. 16, sect. 19 from " and that all the deputies" to "at the expense of the candidates," sect. 20, sect. 22. THE BALLOT ACT, 1872. 253 13 & 14 Vict. c. G9 (An Act to amend the laws -whicli regulate the quali- fication and registration of parliamentaiy voters in Ireland, and to alter the law for rating immediate lessors of premises to the poor rate in certain boroughs) — sects. 86, 98, 99; sect. 100, sects. 101, 102, sects. 104, 105. 17 & IS Vict. c. 102 (The Corrupt Practices Prevention Act, 1854) — sect. 11, and Schedule B. 17 & IS Vict. c. 103 (The Towns Improvement (Ireland) Act, 1854)— so much of sect. 24 as iucoi'porates the sections of 10 & 11 Vict. c. 16, following; that is to say, sects. 23, 26, 27 ; sect. 28 from the words "and shall be conducted in manner following" to " carefully pre- served by the presiding officer, and," and the question numbered I., sect. 30 from "the returning officer" to "each jierson and," and sect. 31, and so much of any act as incorporates the part of the said sect. 24 hereby repealed. 25 & 26 Vict. c. 62 (An Act to amend the law relating to the duration of contested elections for coimties in Ireland, and for establishing addi- tional places for taking the poll thereat) — part of sect. 4, namely, so much as prescribes the interval between the day iixed for the election and the polHug; sect. 5, sects. S to 10. 25 & 26 Vict. c. 92 (An Act to limit the time for proceeding to elections in coimties and boroughs in Ireland) — sect. 1, and sect. 2 from the words ' ' and in every city or to^mi ' ' to the end of that section. 31 & 32 Vict. c. 49 (An Act to amend the representation of the people in Ireland) — sect. 12 from the words " several boroughs " to the word " Cork," and the words " and county of the city of Limerick." 31 & 32 Vict. c. 112 (An Act to amend the law of registration in Ireland) —sects. 4 to 30 ; sect. 38. PARLIAMENTAEY ELECTIONS (EETUENING OrriCEE8) ACT, 1875. 38 & 39 Vict. c. 84. An Act to regulate the Expenses and to control the Charfjcs of Returning Ojficers at Parliamentary Elections' [13tli August, 1875.] Whei^as it is expedient to amend the law relating to the expenses and charges of returning officers at parlia- mentary elections : Bo it enacted by the Queen's most excellent Majestj', by and witli the advice and consent of the lords spiritual and temporal, and commons, in this present i^arliament assembled, and by the authority of the .same, as follows : 1. The Ballot Act, 1872, as moditied by this act, and Construc- this act shall be construed as one act. tion of act. This act shall ajjplj- only to parliamentary elections. 254 APPENDIX. Payments to return- ing officers. Returning officer may require deposit or security. 2. The returning ofBcer at an election shall be entitled to his reasonable charges, not exceeding the sums men- tioned in the first schedule to this act, in respect of ser- vices and expenses of the several kinds mentioned in the said schedule, which have been properly rendered or in- curred by him for the purposes of the election. The amount of such charges shall be paid by the candi- dates at the election in equal several shares, or where there is only one candidate, by such candidate. If a can- didate is nominated without his consent, the persons by whom his nomination is subscribed shall be jointly and severally liable for the share of the charges for which he would be liable if he were nominated with his consent. A retui'ning officer shall not be entitled to payment for any other services or expenses, or at any greater rates than as in the said schedule mentioned, any law or usage to the contrary notwithstanding. 3. The returning officer, if he think fit, may, as here- inafter provided, require security to be given for the charges which may become payable under the provisions of this act in respect of any election. The total amount of the security which may be required in respect of all the candidates at an election shall not in any case exceed the sums prescribed in the third schedule to this act. Where security is required by the returning officer it shall be apportioned and given as follows ; viz. , (1.) At the end of the two hours appointed for the elec- tion the returning officer shall forthwith declare the number of the candidates who then stand nominated, and shall, if there be more candidates nominated than there are vacancies to be filled up, ajiportion equally among them the total amount of the required security : (2.) Within one hour after the end of the two hours aforesaid, security shall be given, by or in re- spect of each candidate then .tending nominated, for the amount so apportioned to him : (3.) If in the case of any candidate security is not given or tendered as herein mentioned, ho shall be deemed to be withdrawn within the provisions of the Ballot Act, 1872: (4.) A tender of security in respect of a candidate may be made by any person : (5.) Security may be given by deposit of any legal tender or of notes of any bank being commonly current in the county or borough for which the election is held, or with the consent of the re- turning officer, in any other manner : PARLIAMENTARY ELECTIONS, ETC. ACT, 1875. 255 (6.) The balance (if any) of a deposit beyond the amount to which the returning ofiicer is entitled in re- spect of any candidate shall be rejiaid to the person or persons by ■s\hom the deposit was made. 4. Within 21 days after the day on which the return is made of the persons elected at the election, the return- ing officer shall transmit to every candidate or other person from whom he claims payment either out of any deposit or otherwise of anj' charges in respect of the election, or to the agent for election expenses of any such candidate, a detailed account showing the amounts of all the charges claimed by the returning officer in respect of the election, and the share thereof which he claims from the person to whom the account is transmitted. He shall annex to the account a notice of the place where the vouchers relating to the account may be seen, and he shall at all reasonable times and without charge allow the person from whom paj'ment is claimed, or any agent of such person, to inspect and take copies of the vouchers. The returning officer shall not be entitled to any charges which are not duly included in his account. If the person from whom payment is claimed objects to any part of the claim, he may, at anj' time within 14 days from the time when the account is transmitted to him, apply to the court as defined in this section for a taxation of the account, and the court shall have jurisdiction to tax the account in such manner and at such time and place as the court thinks fit, and finally to determine the amount payable to the returning officer and to give and enforce jiidgment for the same as if such jiidgmentwere a judgment in an action in such court, and with or without costs at the discretion of the court. The court for the purposes of this act shall be in the city of London the Lord Mayoi"'s Court, and elsewhere in England the County Court, and in Ireland the Civil Bill Court, having jurisdiction at the place of nomination for the election to which the proceedings relate. The court may depute any of its powers or duties under this act to the registrar or other principal officer of the court. Nothing in this section shall apply to the charge of the returning officer for publication of accounts of election expenses. 5. Every person having any claim against a returning officer for work, labour, materials, services, or expenses in respect of anj' contract made with him by or on behalf of the returning officer for the purposes of an election, except for publication of accounts of election expenses, The ac- counts of a returning officer may be taxed. Claims against a returning officer. 256 APPENDIX. Use of ballot boxes, &c. provided for muni- cipal elec- tions. Notices to be given by returning officers. Saving of the univer- sities. Com- mence- ment and duration of act. Short title. Not to apply to Scotland. shall, within 14 days after the day on which the return is made of the person or j)ersons elected at the election, transmit to the returning officer the detailed particulars of such claim in writing, and the returning officer shall not be liable in respect of anything which is not duly stated in such particulars. Where application is made for taxation of the accounts of a returning officer, he may apply to the court as defined in this act to examine any claim transmitted to him by any person in pursuance of this section, and the court after notice given to such person, and after hearing him, and any evidence tendered by him, may allow or disallow, or reduce the claim objected to, with or without costs, and the determination of the court shall be final for all purposes, and as against all persons. 6. In any case to which the 14th section of the Ballot Act, 1872, is applicable, it shall bo the duty of the return- ing officer, so far as is practicable, to make use of ballot boxes, fittings, and compartments provided for municipal or school board elections, and the court, upon taxation of his accounts, shall have regard to the provisions of this section. 7. There shall be added to every notice of election to be j)ublished under the provisions of the Ballot Act, 1872, the notification contained in the 2nd schedule to this Act with respect to claims against returning officers. 8. Nothing in this act shall apply to an election for any i;niversity or combination of universities. 9. This act shall come into operation on the 1st day of October, 1875, and continue in force until the 31st day of December, 1880, and no longer, unless parliament shall otherwise determine. 10. This act may be cited for all purposes as the " Par- liamentary Elections (Eeturning Officers) Act, 1875. 11. This act shall not apply to Scotland. PARLIAMENTARY ELECTIONS ACT, 1875. 257 SCHEDULES. FIRST SCHEDULE. Charges of Returning Officers. The following are the maximiun charges to be made bj the returning officer, but the charges are in no case to exceed the sums actually and necessarilj' paid or payable. Part I. — Counties and District or Contributory Boroughs. This Fart of this Schedule applies to an election for a county or for either of the boroughs of Ayleshury, Cricklade, Monmouth, East Retford, Stroud, and New Shoreham, or for any borough or burgh consisting of a com- bination of separate boroughs, burghs, or towns. For preparing and publishing the notice of election For jirepariug and supplying the nomination papers For traveUing to and from the place of nomination, or of declaring the poll at a contested election, per mile. For hire or necessary fitting up of rooms or buildings for polling, or damage or expenses by or for use of such rooms or buildings. For constructing a polling station, with its fittings and compartments, in England. And in Ireland the sum or sums payable under the provisions of the 13th and 14th Victoria, chap. 68, and 35th and 36th Victoria, chap. 33. In Ireland the retiuniing officer shall use a court house where one is available as a poll- ing station, and his maximum chai-ge for using and fitting the same shall in no case exceed 3/. 3s. For each ballot box required to be purchased For the use of each ballot box, when hired For stationery at each polling station For printing and providing ballot papers, perthousand For each stamping instrument For copies of the register For each presiding officer For one clerk at each polling station where not more than oOO voters are assigned to such station. £ s. d. 2 2 I 1 1 The necessary ex- penses, not ex- ceeding at any one polling station the charge for con- structing and fit- ting a poUing sta- tion. 7 7 1 1 5 10 1 10 10 The sums payable by statute for the necessary copies. 3 3 1 1 W. 258 APPENDIX. For an additional clerk at a polling station for every number of 500 voters, or fraction thereof beyond the first 500 assigned to such polling station. For every jperson employed in counting votes, not exceeding six such persons where the number of registered electors does not exceed 3,000, and one for every additional 2,000 electors. For making the return to the clerk of the Crown For the preparation and publication of notices (other than the notice of election). For conveyance of ballot boxes from the polliu stations to the place where the ballot papers are to be counted, per mile. For professional and other assistance in and about the conduct of the election. 1 1 1 1 For travelling expenses of presiding officers and clerks, per mile. For services and expenses in relation to receivin, and publishing accounts of election expenses, in respect of each candidate. For all other expenses Not exceeding for the whole of such notices 20/., and 11. for every ad- dition 1,000 elec- tors above 3,000. 10 In a contested elec- tion not exceeding 2oL, and an addi- tional 31. for every 1,000 registered electors or fraction thereof above 3,000 and up to 10,000, and 2/. for every 1,000 or fraction thereof above 10,000. In an uncontested election, one-fifth of the above sums. 1 2 2 In a contested elec- tion, not exceed- ing- 10/., and an additional 1 1, for every 1,000 elec- tors or fraction thereof above 1,000. In an mi- contested election, nil. Note. — Travelling expenses are not to be allowed in the case of any person unless for distances exceeding two miles from the place at which he resides. PARLIAMENTARY ELECTIONS ACT, 1875. 259 PaET II. — BoEOtTGUS. This Fart of the Schedule applies to all boroughs not included in Part I. of this Schedule. For preparing and publishing the notice of election For preparing and supplying the nomination papers For hii-e or necessary fitting iip of rooms or build- ings for polling, or damage or expenses by or for use of such rooms or buildings. lu England, for constructing a polling station, with its fittings and compartments, not exceeding two in number. For each compartment requii-ed to be constructed, when more than two be used. For the use of each compartment hired, when more than two are iised. And in Ireland, in lieu of the charges payable in respect of the foregoing last three servicss, the sum or sums payable under the provisions of 13th and 14th Victoria, chap. 68, and 35th and 36th Victoria, chap. 33. For each ballot box rec[uired to be purchased For the use of each ballot box, when hired For stationery at each polling station For printing and providing ballot papers, per 1,000 . For each stamping instrument For copies of the register For each presiding officer For one clerk at each polling station where not more than 500 voters are assigned to such station. For an additional clerk at a polling station for every niunber of 500 voters, or fraction thereof beyond the first 500 assigned to such station. For every person employed in counting votes, not exceeding six such pei'sons where the number of registered electors does not exceed 3,000, and one for every additional 2,000 electors. For making the return to the clerk of the Crown . . For the preparation and publication of notices (other than the notice of election). s2 £ s. d. 2 2 1 1 The necessary ex- penses not exceed- ing at any one polling station the charge for con- structing and fit- ting a polling sta- tion. 7 7 1 1 5 1 1 5 10 1 10 10 The sums payable by statute for the necessary copies. 3 3 1 1 1 1 1 1 1 1 Not exceeding for the whole of such notices 10/., and 1/. for every ad- ditional 1,000 elec- tors above 1,000. 260 APPENDIX. For professional and other assistance in and about the conduct of the election. For ser\'ices and expenses in relation to receiving and publishing accounts of election expenses, in respect of each candidate For all other expenses £ s. d. In a contested elec- tion, not exceed- ing 20/., an addi- tional 2/. for every 1,000 registered electors or frac- tion thereof above 1,000 and up to 10,000, and i;. ad- ditional for every 1,000 or fraction thereof above 10,000. In an un- contested election one -fifth of the above sum. 1 1 Not exceeding 10/., and an additional 11. for every 1,000 electors above the first 1,000. Note to Paets I. and II. of Schedule I. The above sums are the aggregate charges, the ainouut of which is to he appor- tioned among the several candidates or other persons liable for the same. SECOND SCHEDULE. 1 . Notification to be added to the Notice of Electiox. Take notice, that by the Parliamentary Elections (Returning Oificers) Act, 1875, it is provided that every person having any clami against a returning officer for work, labour, materials, services, or expenses in respect of any contract made "with him by or on behalf of the returning officer, for the purposes of an election (except for publications of account of election expenses), shall, within fourteen days after the day on which the return is made of the person or persons elected at the election, trans- mit to the returning officer the detailed particulars of stich claim in writing, and the returning officer shall not be liable in respect of any- thing which is not duly stated in such particulars. PARLIAINIENTAKY ELECTIONS ACT, 1875. 261 THIED SCHEDULE. Maximttm Amount of Security which may be required by a Rettjeninq Officeb. Where the registered electors do not exceed 1,000 Where the registered electors exceed 1,000 but do not exceed 2,000 Wliere the registered electors exceed 2,000 but do not exceed 4,000 Where the registered electors exceed 4,000 but do not exceed 7,000 Where the registered electors exceed 7,000 but do not exceed 10,000 Where the registered electors exceed 10,000 but do not exceed 15,000 Where the registered electors exceed 15,000 but do not exceed 20,000 Where the registered electors exceed 20,000 but do not exceed 30,000 Where the registered electors exceed 30,000 .... County or District of Contributory Borough. Borough. £ £ 150 100 200 150 275 200 400 250 550 300 700 450 800 500 900 600 1,000 700 If at the end of the two hours appointed for the election, not more candidates stand nominated than there are vacancies to be filled up, the maximum amount which may be required is one-fifth of the maximum according to the above scale. 262 APPENDIX. RULES. Michaelmas Teem, 1868. General Ettles made hy Sir Samuel Martin, Knight, one of the Barons of the Exchequer ; Sir James Shaio Willes, Knight, one of the Justices of the Common Pleas ; and Sir Colin Blackburn, Knight, one of the Justices of the Queen'' s Bench ; the Judges for the time being for the trial of Elec- tion Petitions in England, pursuajit to the Parliamentary Elections Act, 1868. I. The presentation of an election petition shall he made by leaving it at the office of the master nominated b^^ the Chief Justice of the Common Pleas, and such master or his clerk shall (if required) give a receipt which m.ay be in the following form : — • Received on the day of , at the master's office, a petition touching the election of A. B., a member for , purporting to be signed by (insert the luniics of petitioners). C. D., Master''s (Jlerh. With the petition shall also be left a copy thereof for the master to send to the I'eturnmg officer, pursuant to sect. 7 of the act. II. An election petition shaU contain the following statements : — 1. It shall state the right of the petitioner to petition within sect. 5 of the act. 2. It shall state the holding and result of the election, and shall briefly state the facts and grounds relied on to sustain the prayer. III. The petition shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutivelj-, and no costs shall be allowed of drawing or copying any petition not substantially in compliance with this rule, unless otherwise ordered by the court or a judge. IV. The petition shall conclude with a prayer, as, for instance, that some sx^ecified person should be declared duly retiu-ned or elected, or that the election should be declared void, or that a return may bo enforced (as the case vn&j be), and shall be signed by all the petitioners. V. The following form, or one to the like effect, shall be sufficient : — In the Common Pleas. " The Parliamentary Elections Act, 18G8." Election for \_state the place'] holden on the day of , a.d. The petition of A., of [or of A., of , and P., of , as the case may he] whose names are subscribed. 1. Your petitioner A. is a person who voted \or had a right to vote, as the cccse may be] at the above election \_or claims to have had a right to be returned at the above election, or was a candidate at the above election] ; and your petitioner B. [here state in like manner the right of each petitioner]. 2. And your petitioners state that the election was holden on the day of A.D. when A. B., C. D., and E. F. were candidates, and the returning officer has returned A. B. and C. D. as being duly elected. 3. And your petitioners say that [here state the facts and grounds on xchich the iKtitioncrs rely]. GENERAL RULES. 263 Wherefore yoiir petitioners pray that it may be determined that the said A. B. -was nut duly elected or retuniod, and that the election was void [^or that the said E. F. was duly elected and ouyht to have been returned, or as the case may Se]. (Signed) A. B. VI. Evidence need not be stated in the petition, but the court or a judge may order such particulars as may be necessary to prevent surprise and imnecessary expense, and to insure a fair and effectual trial in the same way as in ordinary iiroceedings in the Court of Common Pleas, and u^jon such terms as to costs and otherwise as may be ordered. VII. When a petitioner claims the seat for an imsuccessful candidate, alleging that he had a majority of lawful votes, the party complaining of or defending the election or return shall, six days before the day appointed for trial, deliver to the master, and also at the address, if any, given by the petitioners and respondent, as the case may be, a list of the votes in- tended to be objected to, and of the heads of objection to each such vote, and the master shall allow inspection and olhce copies of such lists to all parties concerned ; and no evidence shall be given against the validity of any vote, nor upon any head of objection not specified in the list, except by leave of the coiu-t or judge, upon such terms as to amendment of the list, postponement of the inquiiy, and payment of costs, as may be ordered. VIII. When the respondent in a petition under the act, complaining of an undue return and claiming the seat for some person, intends to give evidence to prove that the election of such person was undue, pursuant to the 53rd section of the act, such respondent shall, six da3's before the day appointed for ti'ial, deliver to the master, and also at the address, if any, given by the petitioner, a list of the objections to the election ujjon which he intends to rely, and the master shall allow inspection and office copies of such lists to all parties coucenied ; and no evidence shall be given by a respondent of any objection to the election not specified in the list, except by leave of the court or judge, upon such terms as to amend- ments of the list, postponement of the iuquiiy, and payment of costs, as may be ordered. IX. With the petition petitioners shall leave at the office of the master a writing, signed by them or on their behalf, giving the name of some person entitled to practise as an attorney or agent in cases of election petitions whom they authorize to act as their agent, or stating that they act for themselves, as the case may be, and in either case giving' an address, within three miles from the Ceneral Post Office, at which notices addressed to them may be left ; and if no such writing be left or address given, then notice of objection to the recognizances, and all other notices and proceedings may be given by sticking up the same at the master's office. X. Any person returned as a member may at any time after he is returned send or leave at the office of the master a writing, signed by him or on his behalf, appointing a person entitled to practise as an attorney or agent in cases of election petitions to act as his agent in case there shoidd be a petition against him, or stating that he intends to act for himself, and in either case giving an address, within throe miles from, the General Post Office, at which notices may be left, and in default of such writing being left in a week after service of the petition, notices and pro- ceedings may be given and served respectively by sticking up the same at the master's office. 264 APPENDIX. XI. The maf3ter shall keep a book or books at his office in which he shall euter all addresses and the names of agents given under either of the preceding rules, which book shaU be open to inspection by any person during office hours. XII. The master shall upon the presentation of the petition forthwith send a copy of the petition to the returning officer, pursuant to sect. 7 of the act, and shall therewith send the name of the petitioners' agent, if any, and of the address, if any, given as prescribed, and also of the name of the respondent's agent, and the address, if any, given as prescribed, and the returning officer shall forthwith publish those particulars along with the petition. The cost of piiblication of this and any other matter reqiiired to be published by the returning- officer shall be paid by the petitioner or person moving in the matter, and shall form part of the general costs of the petition. XIII. The time for giving notice of the presentation of a petition and of the nature of the proposed security shall be five days, exclusive of the day of presentation. XIV. Where the respondent has named an agent or given an address, the service of an election petition may be by delivery of it to the agent, or by posting it in a registered letter to the address given at such time that, in the ordinary course of post, it Avould be delivered within the prescribed time. In other cases the service must be personal on the respondent, unless a judge, on an application made to him not later than five days after the petition is presented on affidavit showing what has been done, shall be satisfied that all reasonable effort has been made to effect personal service and cause the matter to come to the knowledge of the respondent, in- cluding, when practicable, service upon an agent for election expenses, in which case the judge may order that what has been done shall be considered sufficient service, subject to such conditions as he may think reasonable. XV. In case of evasion of service the sticking'-up a notice in the office of the master of the petition having been presented, stating the petitioner, the prayer, and the nature of the proposed security, shall be deemed equivalent to personal service if so ordered by a judge. XVI. The deposit of money by way of security for payment of costs, charges and expenses payable by the petitioner shall be made by pay- ment into the Bank of England to an account to be opened there by the description of " The Parliamentary Elections Act, 18G8, Security Fund," which shall be vested in and drawn upon from time to time by the Chief Justice of the Common Pleas for the time being, for the purposes for which security is required by the said Act, and a bank receipt or certifi- cate for the same shall be forthwith left at the master's office. XVII. The master shall file such receipt or certificate, and keep a book open to inspection of all parties concerned, in which shall be entered from time to time the amount and the petition to which it is appli- cable. XVIII. The recognizance as security for costs may be acknowledged before a judge at chambers or the master in town, or a justice of the peace in the country. There may be one recognizance acknowledged by all the sureties, or separate recognizances by one or more, as may be convenient. XIX. The recognizance shall contain the name and usual place of GENERAL KULES, 265 abode of each surety, with such sufficient description as shall enable him to be found or ascertained, and may be as follows : — Be it remembered that on the day of , in the year of our Lord 18 , before me [^namc and description'], came A. B. of \_name and description as above prescribed], and acknowledged himself [or severally acknoiclcdgcd themselves'] to owe to our sovereign lady the Queen the sum of one thousand pounds [or the follnwimi sums] (that is to say) the said C. D. the sura of £ , the said E. F. the sum of £ , the said G. H. the sura of £ , and the said J. K. the sura of £ , to be levied ou his [or their respective] goods and chattels, land and tenements, to the use of our said sovereign lady the Queen, her heirs and successors. The condition of this recognizance is that if [liere insert the names of all the petitioners, and if more than one, add or any of them] shall well and truly pay all costs, charges and expenses in respect of the election petition signed by him [or them], relating to the [here insert the name of th« borough or eounti/] which shall become payable by the said petitioner [or petitioners, or anj^ of them] under the Parliamentary Elections Act, 1868, to anj' person or persons, then this recognizance to be void, other- wise to stand in full force. (Signed) [Signatures of sureties.'] Taken and acknowledged by the above-named [names of sureties] on the day of , at , before me, C. D., a justice of the peace [or as the case mag be]. XX. The recognizance or recognizances shall be left at the master's office by or ou behalf of the petitiouer in like manner as before prescribed for the leaving of a petition forthwith after being acknowledged. XXI. The time for gi\dng notice of any objection to a recognizance under the 8th section of the act shall be within five days from the date of service of the notice of the petition and of the nature of the secuity, exclusive of the day of service. XXII. An objection to the recognizance must state the ground or grounds thereof, as that the sureties, or any and which of them, are in- sufficient, or that a surety is dead, or that he cannot be found, or that a person named in the recognizance has not dulj' acknowledged the same. XXIII. Any objection made to the security shall be heard and decided by the master, subject to appeal within five days to a judge, upon sum- mons taken out by either party to declare the security sufficient or in- sufficient. XXIV. Such hearing and decision may be either upon affidavit or personal examination of witnesses or both, as the master or judge may think fit. XXV. If by order made upon such summons the security be declared sufficient, its sufficiency shall be deemed to be estabhshed within the meaning of the 9th section of the said act, and the petition shall be at issue. XXVI. If by order made upon such smmnons an objection be allowed and the security be declared in.siifficient, the master or judge shall in such order state what amount he deems requisite to make the security suffi- cient, and the fm-ther prescribed time to remove the objection by deposit shall be withiu five days from the date of the order, not including the day of the date, and such deposit shall be made in the manner already prescribed. XXVII. The costs of hearing and deciding the objections made to the secui'ity given shall be paid as ordered by the master or judge, and in default of such order shall form part of the general costs of the petition. 266 APPENDIX. XXVIII. The cost of hearing and deciding an objection upon the ground of insufficiency of a surety or sureties shall be paid by the petitioner, and a clause to that effect shall be inserted in the order declai-ing its sufficiency or insufficiency unless at the time of leaving the recognizance with the master there be also left with the master an affi- davit of the sufficiency of the surety or sureties sworn by each surety before a justice of the peace, which affidavit any justice of the peace is hereby authorized to take, or before some person authorized to take affidavits in the Court of Common Pleas, that he is seised or possessed of real or personal estate, or both, above what will satisfy his debts of the clear value of the sum for which he is bound by his recognizance, which affidavit may be as follows : — ■ In the Common Pleas. *' Parliamentary Elections Act, 1868." I, A. B., of [as in rccor/nizance^ make oath and say that I am seised or possessed of real [or personal] estate above what will satisfy my debts of the clear value of £ Sworn, &c. XXIX. The order of the master for payment of costs shall have the same force as an order made by a judge, and may be made a rule of the Court of Common Pleas, and enforced in like manner as a judge's order. XXX. The master shall make out the election list. In it he shall insert the name of the agents of the petitioners and respondent, and the addresses to which notices may be sent, if any. The list may be inspected at the master's office at any time during office hours, and shall be piit up for that purpose upon a notice board appropriated to proceedings under the said act, and headed ''Parliamentary Elections Act, 1868." XXXI. The time and place of the trial of each election petition shall be fixed by the judges on the rota, and notice thereof shall be given in writing- by the master by sticking- notice up in his office, sending one copy by the post to the address given by the petitioner, another to the address given by the respondent, if any, and a copy by the post to the sheriff, or in case of a borough having a mayor, to the mayor of that borough, fifteen days before the day appointed for the trial. The sheriff or mayor, as the case may be, shall forthwith publish the same in the county or borough. XXXII. The sticking up of the notice of trial at the office of the master shall be deemed and taken to be notice in the prescribed manner within the meaning of the act, and such notice shall not be vitiated by any miscarriage of, or relating to, the copy or copies thereof to be sent as already directed. XXXIII. The notice of trial may bo in the following foi-m : — " Parliamentary Elections Act, 1868." Election petition of . County [or borough] of Take notice that the above petition [o;- petitions] will bo tried at on the day of and on such other subsequent days as may be needful. Dated the day of Signed, by order, A. B. The master appointed under the above act. XXXIV. A judge may from time to time, by order made upon the application of a party to the petition, or by notice in such foi'm as the judge may direct to be sent to the sheriff or mayor, as the case may be, postpone the beginning of the trial to such day as he may name, and GENERAL RULES. 267 such notice -when received shall be forthwith made public by the sherifE or mayor. XXXV. In the event of the judg-e not having arrived at the time appointed for the trial, or to Avhieh the trial is postponed, the commence- ment of the trial shall Ipso facto stand adjourned to the ensuing day, and so from day to day. XXXVI. IS'o formal adjournment of the court for the trial of an elec- tion petition shall be necessary, but the trial is to be deemed adjourned, and may be continued from day to day until the inquiry is concluded ; and in the event of the judge who begins the trial being disabled by illness or otherwise, it may be recommenced and concluded by another judge. XXXVII. The application to state a special case may be made by rule in the Court of Common Pleas when sitting, or by a summons before a judge at chambers, ujion hearing the parties. XX^XVIII. The title of the court of record held for the trial of an election petition may be as follows : — " Court for the trial of an election petition for the [county of or borough of as may bc^ between petitioner, and respondent." And it shall be sufficient so to entitle all proceeding's in that court. XXXIX. An officer shall be appointed for each court for the trial of an election petition, who shall attend at the trial in like manner as the clerks of assize and of arraigus attend at the assizes. Such officer may be called the registrar of that court. He by himself, or in case of need, his sufficient deputy, shall perform all the functions incident to the officer of a court of record, and also such duties as may be prescribed to him. XL. The reasonable costs of any icitness shall be ascertained by the registrar of the court, and the certificate alloiving them shall be under his hand. — Repealed . XLI. The order of a judge to compel the attendance of a person as a witness may be in the following form : — Court for the ti'ial of an election petition for [complete the title of the court'^, the day of . To A. B. [^describe the person^. You are hereby required to attend before the above court at [_placs'] on the day of , at the hour of [or forthwith, as the case may be'\, to be examined as a witness in the matter of the said petition, and to attend the said court until your examination shall have been completed. As witness my hand. A. B., judge of the said court. XLil. In the event of its being necessary to commit any person for contempt, the warrant may be as follows : — At a court holden on , at , for the trial of an election peti- tion for the county [or borough] of , before Sir Samuel ilartin, Knight, one of the barons of her ]\Iajest}^'s Court of Exchequer, and one of the judges for the time being for the trial of election petitions in Entrland, piu'suant to the Parliamentary Elections Act, ISGS. Whereas A. B. has this day been guilty, and is by the said court adjudged to be guilty, of a contempt thereof. The said court does therefore sentence the said A. B. for his said contempt to be imprisoned in the gaol for calendar months, and to pay to our Lady the Queen a fine of £ , and to be further imprisoned in the said gaol until the said fine be paid ; and the court further orders that the sheriff of tho said county [or as the case may be'] and all constables and officers of the peace of any county or place where the said A. B. may be found, shall take the 268 APPENDIX. said A. B. into custody and convey him to the said gaol, and there deliver him into the custody of the gaoler thereof, to undergo his said sentence ; and the court further orders the said g-aoler to receive the said A. B. into his custody, and that he shall be detained in the said gaol in pursuance of the said sentence. A. D. Signed the day of S. M. XLIII. Such warrant may be made out and directed to the sheriff or other person having the execution of process of the superior courts, as the case may be, and to all constables and officers of the peace of the county or place where the person adjudged guilty of contempt may be found, and siich warrant shall be sufficient without further particularity, and shall and may be executed by the persons to whom it is dii'ected or any or either of them. XLIV. All interlocutory questions and mattei's, except as to the suffi- ciency of the security, shall be heard and disposed of before a judge, who shall have the same control over the proceedings under the Parliamentary Elections Act, 1868, as a judge at chambers in the ordinary proceedings of the sufierior courts, and siich questions and matters shall be heard and disposed of by one of the judges upon the rota, if practicable, and if not, then by any judge at chambers. XLV. Notice of an application for leave to withdraw a petition shall be in -wi-iting, and signed by the petitioners or their agent. It shall state the ground on which the application is intended to be suppoi-ted. The following form shall be sufficient : — Parliamentary Elections Act, 1868. County \_o)- borough] of petition of \_state petitioners] presented day of The petitioner proposes to apply to withdraw his petition upon the following ground \_heye state tin- ffroioul], and prays that a day may be appointed for hearing his application. Dated this day of . (Signed) XL VI. The notice of application for leave to withdraw shall be left at the master's office. XLVII. A copy of such notice of the intention of the petitioner to apply for leave to withdraw his petition shall be given by the petitioner to the respondent, and to the returning- officer, who shall make it public in the county or borough to which it relates, and shall be forthwith published by the petitioner in at least one newspaper circulating- in the place. The following may be the form of such notice : — Parliamentary Elections Act, 1868. In the election petition for in which is petitioner and respondent. Notice is hereby given, that the above petitioner has on the day of lodged at the master's office notice of an apjilication to withdraw the petition, of which notice the following is a coj^y — [^set it out]. And take notice that by the rule made by the judges any pei'son Avho might have been a petitioner in respect of the said election, may within five days after publication by the returning offif;er of this notice, give notice in writmg of his intention on tlie hearing to apply for leave to be substituted as a petitioner. (Signed) XLVIII. Any person who might have been a petitioner in respect of GENERAL RULES. 269 the election to whicli tlie petition relates, may within five days after such notice is published by the returning" officer, srive notice in writing, signed by him or on his behalf, to the master of liis intention to apply at the hearing to be substituted for the petitioner, but the want of such notice shall not defeat such application, if in fact made at the hearing. XLIX. The time and place for hearing the application shall be fixed by a judge, and whether before the Court of Common Pleas or before a judge, as he may deem advisable, but shall not be less than a week after the notice of the intention to apply has been given to the master as hei'e- inbefore provided, and notice of the time and place appointed for the hearing shall be given to such person or persons, if any, as shall have given notice to the master of an intention to apply to be substituted as petitioners, and otherwise in such manner and at such time as the judge dii-ects. L. Notice of abatement of a petition, by death of the petitioner or sui'viving petitioner, under section 37 of the said act, shall be given by the party or person interested, in the same manner as notice of an appli- cation to withdraw a petition, and the time within which apphcation may be made to the court or a judge, by motion or summons at chambers, to be substituted as a petitioner, shall be one calendar month, or such fur- ther time as upon consideration of any special circumstances the court or a judge may allow. LI. If the respondent dies or is summoned to parliament as a peer of Great Britain by a writ issued under the great seal of Great Britain, or if the House of Commons have resolved that his seat is vacant, any person entitled to be a petitioner under the act in respect of the election to which the petition relates, may give notice of the fact in the county or borough by causing such notice to be pubhshed in at least one news^^aper circu- lating therein, if any, and by leaving a copy of such notice signed by him or on his behalf with the returning officer, and a like copy with the master. LII. The manner and time of the respondent's giving notice to the court that he does not intend to oppose the petition, shall be by leaving notice thereof in writing at the office of the master, signed by the re- spondents six days before the day appointed for trial, exclusive of the day of leaving such notice. LIII. Upon such notice being left at the master's office, the master shall forthwith send a copy thereof by the post to the petitioner or his agent, and to the sheriff or mayor, as the case may be, who shall cause the same to be published in the county or borough. LIV. The time for applying to be admitted as a respondent in either of the events mentioned in the 38th section of the act shall be within ten days after such notice is given as hereinbefore directed, or such further time as the court or a judge may allow. LV. Costs shall be taxed by the master, or at his request by any master of a supeiior coiu-t, upon tlie ride of court or judge's order by which the costs are payable, and costs when taxed may bo recovered by execution issued upon the rule of court ordering them to be paid ; or, if payable by the order of a judge, then by making such order a rule of court in the ordinaiy way and issuing execution upon such rule against the person by whom the costs are ordered to be paid, or in case there be money in the bank available for the purpose, then to the extent of such money by order of the Chief Justice of the Common Pleas for the time being, upon a du])licate of the rule of coiirt.. 270 APPENDIX. The office fees payable for inspection, ofBce copies, enrolment, and other proceedings under the act, and these rules, shall be the same as those payable, if any, for like proceedings according to the present practice of the Court of Common Pleas. LVI. The master shall prepare and keep a roll properly headed for entering the names of all persons entitled to practise as attorney or agent in cases of election petitions, and all matters relating to elections before the court and judges, pursuant to the 57th section of the said act, which roll shall be kept and dealt with in all respects as the roll of attorneys of the Court of Common Pleas, and shall be under the control of that court, as to striking off the roll and otherwise. LVII. The entry upon the roll shall be written and subscribed by the attorney or agent, or some attorney authorized by him in writing to sign on his behalf, who shall therein set forth the name, descx-iption, and address in full. LVIII. The master may allow any person upon the roll of attorneys for the time being, and during the present year any person whose name or the name of whose firm is in the law list of the present year as a parliamentary agent, to subscribe the roll, and permission to subscribe the roll may be granted to any other person by the court or a judge upon affidavit, showing the facts which entitle the applicant to practise as agent according to the principles, practice, and rides of the House of Commons in cases of election petitions. LIX. An agent employed for the petitioner or respondent shall forth- with leave written notice at the office of the master, of his appointment to act as such agent, and service of notices and proceedings upon such agent shall be sufficient for all jDurposes. LX. No proceeding imder the Parhamentary Elections Act, 1868, shall be defeated by any formal objection. LXI. Any rule made or to be made in pursuance of the act, if made in term time shall be published by being read by the master in the Court of Common Pleas, and if made out of term by a copy thereof being put up at the master's office. Dated the 21st day of November, 18G8. Samttel Maetix. J. S. WiLLES. Colin Blackeiten'. The judges for the trial of election petitions in England. Additional General Eule Made hy Sir Samiccl Martin, Knight, one of the Barons of the Exchequer ; Sir James Shaw Willes, Knight, one of the Justices of the Common Pleas ; and Sir Colin Blackburn, Knight, one of the Justices of the Qucen^s Bench; the Judges for the time being for the trial of Election Petitions in Emfland, pursuant to the Parliamentary Elections Act, 18G8.' That notice of the time and place of the trial of each election petition shall be transmitted by the master to the Treasury, and to the Clerk of the Crown in Chancery ; and that the Clerk of the Crown in Chancery ADDITIOXAL GENERAL RULES. 271 shall, on or before the day fixed for the trial, deliver, or cause to be delivered, to the registrar of the judge who is to try the petition, or his deputy, the i^oll books, for which the registrar or his deputy shall give, if required, a receipt : And that the registrar shall keep in safe custody the said poll books until the trial is over, and then return the same to the Crown Office. Dated the 19th day of December, 1868. SAinrEL Maetdt. J. S. WiLLES. Colin Blackbtten. The judges for the trial of election petitions in Eno-land. Additional General Exiles Made hij the Judges for the time being for the trial of election petitions in England^ pursuant to the Parliamentary Elections Act, 1868. I. All claims at law or in equity to money deposited or to be deposited in the Bank of England for pajinent of costs, charges, and expenses pay- able by the petitioners pursuant to the 16th General Rule, made the 21st of November, 1868, by the judges for the trial of election petitions in England, shall be disposed of by the Court of Common Pleas or a judge. II. Money so deposited shall, if and when the same is no longer needed for seciu'ing payment of such costs, charges, and expenses, be returned or otherwise disposed of as justice may require, by rule of the Court of Common Pleas or order of a judge. III. Such rule or order may be made after such notice of intention to apply, and proof that all just claims have been satisfied or otherwise sufficiently provided for as the court or judge may require. IV. The rule or order may direct payment either to the party in whose name the same is deposited, or to any j)erson entitled to receive the same. V. Upon such rule or order being made, the amount may be di'awn for by the Chief Justice of the Common Pleas for the time being-. VI. The draft of the Chief Justice of the Common Pleas for the time being shall, in all cases, be a sufficient warrant to the Bank of England for all i^ayments made thereunder. Dated the 25th day of March, 1869. SAiruEL Maetix. J. S. WiLLES. Colin Blackbuen. The judges for the trial of election petitions in England. 272 APPENDIX. Additional General Eules Made hy the Judges for the time heincj for the trial of election petitions in England, pursuant to the Parliamentary Elections ^ct, 1868, Jbr the more effectual execution of the said Act. 1. A copy of every order (other than an order giving further time for delivering particulars, or for costs only) , or, if the master shall so direct, the order itself, or a dui^licate thereof, also a copy of every particular delivered, shall be forthwith filed with the master, and the same shall be produced at the trial by the registrar, stamped with the official seal. Such order and particular respectively shall be filed by the party obtain- ing the same. The petitioner or his agent shall, immediately after notice of the presentation of a petition and of the nature of the proposed security shall have been served, file with the master an affidavit of the time and manner of service thereof. 3. The days mentioned in rules 7 and 8, and in any rule of court or judge's order, whereby particulars are ordered to be delivered, or any act is directed to be done so many days before the day appointed for trial, shall be reckoned exclusively of the day of delivery, or of doing the act ordered and the day appointed for trial, and exclusively also of Sunday, Christmas Day, Good Friday, and any day set apart for a public fast or public thanksgiving. 4. When the last day for presenting petitions, or filing lists of votes or objections, under rules 7 and 8, or recognizances, or any other matter required to be filed within a given time, shall happen to fall on a holida)-, the petition or other matter shall be deemed duly filed if put into the letter box at the master's office at any time during such day ; but an affidavit, stating with reasonable precision the time when such delivery was made, shall be filed on the first day after the expiration of the holidays. 5. Rule 40 is hereby revoked, and in lieu thereof it is ordered that the amount to be paid to any witness whose expenses shall be allowed by the judge, shall be ascertained and certified by the registrar ; or in the event of his becoming incapacitated from giving such certificate, by the judge. 6. After receiving notice of the petitioner's intention to apply for leave to withdraw, or of the respondent's intention not to oppose, or of the abatement of the petitiEX. 293 PAGE Regulations and Rules of Supreme Court of Judicature to be applicable to proceedings of election court (44) 59 Removal of "incapacity" may be ordered by High Court, on proof that conviction was obtained by perjury (46) , CO Remimeration of returning officer and election agent (32) 32 Repeal of former acts (66) 78 Report of election court or election commissioners to be submitted to attorney -general (60) 72 (See 26 & 27 Vict. c. 29, s. 9.) Report of election court on illegal practice, and punishment of candidate found guilty by such report (11) 13 Report exonerating candidate in certain cases of corrupt or illegal practices by agents (22) 21 Representative of Director of Public Prosecutions, his duties, and expenses (57) 68 Return and declaration of election expenses (33) 33 Return furnished by election agent to returning officer to be vouched by a statutory declaration (33) 34 (See Schedule 2, pt. 1.) Return respecting election expenses (33) 33 Return, declaration, 4 Witness must answer, certificate of indenmity (59) 70 Witness not to be a.skcd as to any corrupt or illegal practice alleged to have been committed before the ])assinir of this Act (49) ' 03 Writs, documents, notices, >)cc., &c. must be sent to offices of election agent, and must be duly ;;ddressed to him there (26). 26 TIK F.Nl). W. LONDON : nilNTED BT G. F. ROWORTII, BREAM's BUILDINGS, CnANCKEY LANE^W C. UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below Form L-9-15h/-:?,'34 '7heelhouse JN1083 .W57C y L 009 530 846 6 UC SOUTHERN REGIONAL UPRARY f AniUTY AA 001 352 892