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By Sec. 4, a detailed statement of all election expenses incurred, shall, within two months after the election, be made out and signed by the agent who has paid the same, and delivered, with the bills and vouchers, to the returning officer. The returning officer, within fourteen days, is to publish an abstract of such statement, with the signature of the agent thereto, by advertisement in one of the local newspapers. Any agent or candidate making default in delivering such statement, shall incur a penalty not exceeding five pounds for every day during which he so makes default. Any agent or candidate who wilfully furnishes an untrue statement shall be guilty of a misdemeanour. The returning officer is to preserve the bills and vouchers during six months, and to permit any voter to inspect the same, on payment of a fee of one shilling

Bribery, Treating, and Intimidation. The laws relating to bribery and corrupt practices are “ The Corrupt Practices Prevention Act, 1854,” and “ The Parliamentary Elections Act, 1868.” Definitions of the offences of bribery, treating, and intimidation, with the several penalties and remedies attached thereto, will be found in the first fourteen sections of “ The Corrupt Practices Prevention Act, 1854."

No pʻrson, who is called as a witness before any election committee, shall be excused from answering any question on the ground that the answer may tend to criminate himselt. Committee may grant a certificate to any witness, which shall be a stay to any proceedings taken against him in respect of any matters concerning or relating to which the witness inay have been examined. 26th Vic. cap. 29.

Favours, Bands of Music, fc. Cockades, ribbons, and colours are prohibited, and payments for bands music, flags, and banners illegal. S. 7.

Travelling Expenses of Voters. It shall not be lawful for any candidate, or any one on his behalf, at any election for any borough, except the several boroughs of East Retford, Shoreham, Cricklade, Much Wenlock, and Aylesbury, 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 inoney 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.” 30th and 31st Victoriæ, cap. 102, s. 36.*

6. THE CORRUPT PRACTICES PREVENTION ACT, 1854." Bribery at Elections and Payment of Election Expenses.

(17th and 18th Victoriæ, cap. 102.) An Act to consolidate and amend the Laws relating to Bribery, Treating, and undue Influence at Elections of Members of Parliament.

[10th August, 1854.] WHEREAS the laws now in force for preventing corrupt practices in the election of members to serve in Parliament have been found in

• Repealed, so far as concerns the conveyance of voters in boroughs, by 43 Viot. c. 18.

sufficient; 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 by the Queen's mest 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:

I. The several Acts of Parliament mentioned in the Schedule A. hereto annexed shall be repealed to the extent specified concerning the same Acts respectively in the third column of the said Schedule.

II. 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 hy

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 er for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce any voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such voter having voted or refrained from

voting at any election : 2. Every person who shall, directly or indirectly, by himself, or by any

other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure or to endeavour to procure, any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting at any

election : 3. Every person who shall, directly or indirectly, by himself, or by

any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person, in order to induce such person to procure, or endeavour

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 c nsequence of any such gift,

loan, offer, promise, procurement, or agreement, procure or engage, promise, or endeavour to procure the return of any person

to serve in Parliament, or the vote of any voter at any election : 5. Every person who shall advance or pay, or cause to be paid, any

money to, or to the use of any other person, with the intent that such money, or any part thereof, shall be expended in bribery at any election, or who shall knowingly pay, or cause to be paid, any money to any person in discharge or repayment of any money

wholly or in part expended in bribery at any election : And any person so offending shall be guilty of a misdemeanor, and in Scotland of an offence punishable by fine and imprisonment, and shall also be liable to forfeit the sum of one hundred pounds to any person 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

to

extend to any money paid or agreed to be paid for or on account of any legal expenses bonâ fide incurred at or concerning any election.

III. The following persons shall also be deemed guilty of bribery, and shall be punishable accordingly :1. Every voter who shall, before or during any election, directly or

indirectly, by himself, or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any

election: 2. Every person who shall, after any election, directly or indirectly,

by himself, or by any other person on his behalf, receive any money or valuable consideration on aecount 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 be guilty of a misdemeanor, and in Scotlund, of an offence punishable by fine and imprisonment, and shall also be liable to forfeit the sum of ten pounds to any person who shall sue for the same, together with full costs of suit.

IV. Every candidate at an election, who shall corruptly by himself, or by or with 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, wholly or in part, any expenses 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 person 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 fifty pounds to any person who shall sue for the same, with full costs of suit ; and every voter who shall corruptly accept or take 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.

V. Every person who shall, directly or indirectly, by himself, 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 manner 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 person having voted or refrained from voting, at any election, or who shall, by abduction, duress, or any fraudulent device or contrivance, impede, prevent, or otherwise interfere with the free exercise of the franchise of any voter, or shall thereby compel, induce, or prevail upon any voter, eiiner to give or to refrain from giving his vote at any election, shall be deemed to have committed 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 fifty pounds to any person who shall sue for the same, together with full costs of suit.

VI. Whenever it shall be proved before the Revising Barrister that any person who is or claims to be placed 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 iufluence, 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, disallow such claim; and the names of all persons whose names shall be so expunged from the list of voters, and whose claims shall be so disallowed, shall be thereupon inserted in a separate list, to be entitled “ The list of persons disqualified for bribery, treating, or undue “ influence,” which last-mentioned list shall be appended to the list or register of voters, and shall be printed and published therewith, wherever the same shall be or is required to be printed or published.

VII. No candidate before, during, or after any election shall, in regard to such election, by himself or agent, directly or indirectly, give or provide to or for any person having a vote at such election, or to or for any inhabitant of the county, city, borough, or place for which such election is had, any cockade, ribbon, or other mark of distinction; and every person so giving or providing shall, for every such offence, forfeit the sum of two pounds to such person as shall sue for the same, together with full costs of suit; and all payments made for or on account of any chairing, or any such cockade, ribbon, or mark of distinction as aforesaid, or of any bands of music or flags or banners, shall be deemed illegal payments within this Act.

VUI. 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 Parliament for such county, city, 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 notwithstanding.

IX. 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 who 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 Scotland, and not otherwise.

X. 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 always, that no indictment for bribery, or undue influence shall be triable before any Court of Quarter Sessions.

Section 11 and Schedule B are repealed by the 35th and 36th Vic.

cap. 33.

XII. 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 indictment or information, such costs to be taxed by the proper officer of the court in which such judgment shall be given.

XIII. It shall not be lawful for any court to order payment of the costs of a prosecution for any offence against the provisions of this Act, unless the prosecutor shall, before or upon the finding of the indictment or the granting of the intormation, enter into a recognizanee, with two sufficient sureties, in the sum of iwo hundred pounds (to be acknowledged in like manner as is now required in cases of writs of certiorari awarded at the instance of a defendant in an indictment), with the conditions following; that is to say, that the prosecutor shall conduct the prosecution with effect, and shall pay to the defendant or defendants, in case he or they shall be acquitted, his or their costs.

XIV. No person shall be liable to any penalty 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 ihis Act shall be committed, and unless such person shall be summoned or otherwise served with writ or process within the same space of time so as such summons or service of writ or process shall not be prevented by such person absconding or withdrawing out of the jurisdiction of the court out of which such writ or other process shall have issued; and in case of any such prosecution, suit, or process as aforesaid, the same shall be proceeded with and carried on without any wilful delay.

XXIII. And whereas doubts have also arisen as to whether the giving of refreshment to voters on the day of nomination or day of polling be or be not according to law, and it is expedient that such doubts should be removed: Be it declared and enacted, that the giving or causing to be given to any voter on the day of nomination or day of poling, on account of such voter having polled or being about to poll, any meat, drink, or entertainment by way of refreshment, or any money or ticket to enable such voter to obtain refreshment, shall be deemed an illegal act, and the person so offending shall forfeit the sum of forty shillings for each offence, to any person who shall sue for the same, together with full costs of suit.

XXXIII. If any candidate at any election, or any member hereafter returned to serve in Parliament, shall before the passing of this Act have paid any inoney for or in respect of any election hereafter to be held, or any expenses thereof, such person shall, to the best of his ability, deliver a full, true, and particular account of such payment or payments to the election auditor.

Sections 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 34, are repealed by the 26th Vic., cap. 29.

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