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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 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, 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.
VU. 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 Scotlund, 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.
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 information, enter into a recognizance, with two sufficient sureties, in the sum of (wo 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 doubis 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 polling, 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.
XXXV. On the trial of any action for recovery of any pecuniary penalty under this Act, the parties to such action, and the husbands and wives of such parties respectively; shall be competent and compellable to give evidence in the same manner as parties, and their husbands and wives, are competent and compellable to give evidence in actions and suits under the Act of the Fourteenth and Fifteenth Victoria, chapter ninety-nine, and “ The Evidence Amendment Act, 1853," but subject to and with the exceptions contained in such several Acts : Provided always, that any such evidence shall not thereafter be used in any indict ment or criminal proceeding under this Act against the party giving it.
XXXVI. If any candidate at an election for any county, city, or borough shall be [“ reported by a judge on the trial of an election petition”] (a) guilty, by himself or his agents, of bribery, treating, or undue influence at such election, such candidate shall be incapable of being elected or sitting in Parliament for such county, city, or borough during the Parliament then in existence.
XXXVII. In citing this Act in any instrument, document, or proceeding, or for any purpose whatsoever, it shall be sufficient to use the expression The Corrupt Practices Prevention Act, 1854.”.
XXXVIII. Throughout this Act, in the construction thereof, except there be something in the subject or context repugnant to such construction, the word “county" shall extend to and mean any county, riding, parts, or division of
county, stewartry, or combined counties respectively returning a member or members to serve in Parliament; and the words “city or borough” shall mean any university, city, borough, town corporate, county of a city, county of a town, cinque port, district of burghs, or other place or combination of places (not being a county as hereinbefore defined) returning a member or members to serve in Parliament; and the word “election ” shall mean the election of any member or members to serve in Parliament, and the words “ returning “ officer” shall apply to any person or persons to whom, by virtue of his or their office, under any law, custom, or statute, the execution of any writ or precept doth or shall belong for the election of a member or members to serve in Parliament, by whatever name or title such person or persons may be called; and the words “revising barrister" shall extend to and include an assistant barrister and chairman presiding in any court held for the revision of the lists of voters, or his deputy in Ireland, and a sheriff or sheriff's court of appeal in Scotland, and every other person whose duty it may be to hold a court for the revision and correction of the lists or registers of voters in any part of the United Kingdom ; and the word “voter” shall mean any person who has or claims to have a right to vote in the election of a member or members to serve in Parliament; (and the words “candidate at an election ” shall include all persons elected as members to serve in Parliament at such election, and all persons nominated as candidates, or who shall have declared themselves candidates at or before such election] (6); and the words “personal expenses," as used herein with respect to the expenditure of any candidate in relation to any election, shall include the reasonable travelling expenses of such candidate, and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to such election.
(a) Repealed by s. 46, 31st and 32nd Victoriæ, cap. 125.
XXXIX. This Act shall continue in force for one year next after the passing thereof, and thenceforth to the end of the then next session of Parliament.
Abstract of Schedule A.
ACTS, OR PART OF ACTS, REPEALED BY SECTION I. 7th William III., cap. 4. A.D. 1695. The whole Act. 2nd George II., cap. 24. A.D. 1729. All the Act, excepting the third
section, prescribing the oath to be taken by the returning
officers. 16th George II., cap. 11. The 33rd section. 43rd George III., cap. 74. A.N. 1803. The whole Act. 49th George III., cap. 118. A.1. 1809. The whole Act. 4th George IV., cap. 55. A.D. 1823. 48th, 79th, and 8lst sections. 7th and 8th George IV., cap. 37. A.D. 1827. The whole Act. 2nd and 3rd William IV., cap. 65. A.D. 1832. So much of the 26th
section and the schedule (K) as relates to the oath or affirmation against bribery, to be put to any registered voter at any poll or
election. 2nd and 3rd William IV., cap. 88. A.D. 1832. So much of the 54th
section as relates to administering the oath or affirmation against
First Continuance Act.
[2nd August, 1858.] WHEREAS an Act was passed in the Session holden in the Seventeenth and Eighteenth Years of Her Majesty, Chapter One hundred and two, “ to consolidate and amend the Laws relating to Bribery, Treating, and “ undue Influence at Elections of Members of Parliament;" and by an Act of the Session holden in the nineteenth and twentieth years of Her Majesty, Chapter Eighty-four, the said first-mentioned Act was continued until the Tenth Day of August, One thousand eight hundred and fifty-seven, and thenceforth to the end of the then next Session of Parliament: And whereas it is expedient that the said first-mentioned Act should be further continued and amended : Be it enacted, &c., that
1. It shall be lawful for any candidate, or his agent by him appointed in writing according to the provisions of the first-mentioned Ict, to provide conveyance for any voter for the purpose of polling at an Election and not otherwise, but it shall not be lawful to pay any money or give any valuable consideration to a voter for or in respect of his travelling expenses for such purpose.
Part of Section 1, and the whole of Section 2, are repealed by the 26th Vic., cap 29.
III. So much of Section Thirty-eight of the said first-mentioned Act as defines the words “ Candidate at an Election," shall be repealed ; and in the construction of the said Act as amended by this Act, the words“ Candidate at an Election," and the words * Candidate at any Election," shall include all persons elected to
in Parliament at such election, and all persons nominated as Candidates at such election, or who shall have declared themselves Candidates on or after the day of the issuing of the writ for such election, or after the dissolution or vacancy in consequence of which such writ shall have been issued : Provided that nothing herein contained shall be construed to impose any liability on any person nominated without his consent.
Third Continuance Act.
[20th August, 1860.] “ The said first-mentioned Act (17th and 18th Victoriæ, cap. 102), as amended by the said Act of the twenty-first and twenty-second years of Her Majesty, shall continue in force until the tenth day of August, 1861.”
Fourth Continuance Act.
Fifth Continuance Act.
Anno 25 & 26 Vic. cap. 109. [7th August, 1862. ] The Act further continued in force until the 1st day of September, 1863.
Sixth Continuance Act.
Anno 26 Vic. cap. 29. An Act to amend and continue the Luw relating to Corrupt Practices at Elections of Members of Parliament.
[8th June, 1863.] WHEREAS “ The Corrupt Practices Prevention Act, 1854,” as amended by an Act of the Session holden in the twenty-first and twenty-second years of Her Majesty, chapter eighty-seven, is limited to continue in force until the first day of September One thousand eight hundred and sixty-three, and from thence until the end of the next Session of Parliament; and it is expedient further to amend the said Acts and to continue the same in manner hereinafter mentioned : Be it therefore 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:
I. The expression “ The Corrupt Practices Prevention Acts” shall include this Act and the said Act of the twenty-first and twenty-second years of the reign of er present Majesty, and “ The Corrupt Practices « Prevention Act, 1854," as amended by the said other Acts.
Expenses of Elections. II. No payment (except in respect to the personal expenses of a candidate), and no advance, loan, or deposit, shall be made by or on behalf of any candidate at an election, before, or during, or after such