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Alternative qualification

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An Act to abolish the property qualification for members of
Municipal Corporations and Local Governing Bodies.

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. (1.) Subject as in this section mentioned, every person shall for member- be qualified to be elected and to be a member of a local authority ship of local who is at the time of election qualified to elect to any member

authority

5 & 6 W. 4. c. 76.

Short title.

Extent.

ship of that authority.

(2.) For the purposes of this section the term "local authority"

means,

(a.) The council of a borough under the Municipal Corporations Act, 1835, or any act amending the same :

(b.) In Ireland, the town council of any town corporate, commissioners appointed by virtue of an Act made in the ninth year of King George the Fourth, intituled "An Act to make provision for the lighting, cleansing, and watching of cities and towns corporate, and market towns in Ireland in certain cases," and any municipal town or township commissioners appointed under any general or local Act.

(3.) The qualifications mentioned in this section shall be alternatives for and shall not repeal or take away any other qualification.

(4.) Nothing in this section shall qualify any person for any office who is disqualified for the office by the existing law by reason of office, contract, bankruptcy, or any other matter of disqualification or disability.

(5.) If a person qualified under this section ceases for six months to reside within the borough or district in which he has been elected to an office, he shall cease to be qualified under this section and his office shall become vacant, unless he was at the time of his election and continues to be qualified in some other

manner.

2. This act may be cited as the Town Councils and Local Boards Act, 1880.

3. This Act shall extend to Ireland but not to Scotland.

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An Act to amend the law relating to the Conveyance of Voters to the Poll, and to continue the Acts relating to the Prevention of Corrupt Practices at Parliamentary Elections and the Acts relating to Election Petitions.

Whereas by section thirty-six of the Representation of the People Act, 1867, it is enacted that it shall not be lawful for any candidate or any one on his behalf at any election for a borough, except certain boroughs therein mentioned, 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 that any such payment shall be deemed to be an illegal payment, and it is expedient to amend such enactment:

And whereas the acts mentioned in the schedule hereto expire on the thirty-first day of December one thousand eight hundred and eighty, and it is expedient to continue the same :

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 :—

1. This Act may be cited as the Parliamentary Elections and Short title. Corrupt Practices Act, 1880.

2. The thirty-sixth section of the Representation of the People Repeal of Act, 1867, shall be repealed, so far as concerns the conveyance of 8: 31 vict voters within any borough.

&

e. 102, as to payment of

of voters to

of law as to

3. In all elections whatever of a member or members to serve expenses of in parliament for any county, division of a county, or for any city conveyance or burgh, or district of burghs, in Scotland, no inquiry shall be the poll. permitted at the time of polling as to the right of any person to Amendment vote, except only as follows (that is to say): that the presiding parliaofficer or clerk appointed by the returning officer to attend at a mentary polling station shall, if required on behalf of any candidate, put Scotland. to any voter at the time of his tendering his vote, and not afterwards, the following questions, or either of them :

1. Are you the same person whose name appears as A. B. on
the register of voters now in force for the county of
division of the county of

[or for the

], or for the city [or burgh] of district of burghs [as the case may be];

or for the

2. Have you already voted, either here or elsewhere, at this

election for the county of

division of the county of

[or for the

], or for the city [or

elections in

burgh] of

or for the

[as the case may be]:

district of burghs

Continuance of Acts.

And if any person shall wilfully make a false answer to either of the questions aforesaid, he shall be deemed guilty of a crime and offence within the meaning of "The Ballot Act, 1872”

4. This Act and the Acts mentioned in the schedule to this Act, so far as they are unrepealed, shall continue in force until the thirty-first day of December one thousand eight hundred and eighty-one, and any enactments amending or affecting the enactments continued by this Act shall, in so far as they are temporary in their duration, be continued in like manner.

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INDEX.

ABDUCTION. See Undue Influence.

ABODE. See Place of Abode. Residence.

ABSENCE,

no disqualification to being registered as county voter, 136, 203
on military or naval service does not affect reserved right of voting,
108, 202

or borough voter, if he "reside," 203

no cause of ineligibility, 244

of objector, 162, 163

of mayor, alderman, or councillor vacates office, 249

ACCEPTANCE. See Office.

ACT OF UNION,

effect of, on disqualifications for Parliament, 237
Irish, 232 (n.)

Scotch, 251 (n.)

ADJOURNMENT. See County Court. Nomination. Poll.

ADMIRALTY. See Contractor.

Dockyard.

judge of, ineligible to Parliament, 213

secretaries of, eligible, 226

secus, clerks or deputies in office of Lord High Admiral, 229
Lord High Admiral, eligible, 227

commissioners of, eligible, 227

ADMISSION. See Freemen.

ADVOWSON,

right of, does not give vote, 27

AGE. See Infant.

AGENCY,

at common law, cannot be extended to illegal acts, 407
Parliamentary, distinction between, and legal, 391, 407, 408

bribery may be proved before, 352 (n.), 376, 417

must formerly have been proved before treating, 391

secus, now, 391, 417

presumption of, how rebutted, 410, 418

whether late Election Petitions and Corrupt Practices Act will
make any alteration, 406, 407

extends to illegal acts, 408

AGENCY-continued.

principles of legal, 407, 408

Parliamentary, 408, 409

proof of, 409-418

employment as messenger does not constitute, 410, 411
payment of election bills, when proof of, 411, 412
terminates with the election, 416, 417

corrupt practice may be proved before proof of agency, 417
in municipal elections, 406, n. (a)

AGENT-AGENTS. See Agency.

whether may be appellant from Revision Court, 173 (n.)
illegal acts of, principal not liable for at common law, 407
aliter by Parliamentary law, 408

may not vote, 187, 188

to detect personation at poll, 268, 288 (n.), 297

sitting member or candidate liable for unauthorized acts of, 376,

391, 408

liability for acts of, in case of joint candidature, 392, 415
whether member of committee is, 413, 414

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AGENT FOR ELECTION EXPENSES. See Treating.
appointment of, to be notified in writing to returning officer, 321
privileged communications between, 321 (n.)

mandamus to compel appointment of, 321 (n.)

all bills, &c., to be sent in to, except in certain cases, 322, 323
within one calendar month from day of declaration of election,
323 and (n.)

may provide conveyance for voters in counties, 376

and now in boroughs, 365, 325

in case of death, &c., of, another to be appointed, 322

no other agent may pay any expenses, 321

but other agents may be employed, and may recover expenses from
candidate, 322

payment to them evidence that candidate knew purposes, 322 (≈.)
to furnish account to returning officer, 318, 323

copies of which may be obtained from him, 323 (n.)

name and address of, to be published by returning officer, 268,

321

although appointed, if money paid by candidate is spent in cor-
ruption, candidate liable, 321

need not be appointed until day of nomination, 322

AGENT FOR REGIMENT. See Militia.

ineligible to Parliament, 228

AGREEMENT.

See Contract for Sale.

for lease (semble), gives no vote for county, 31

right to have lease conditional on happening of event, does not,
31, 32

to procure return, bribery, 239, 350, 351, 366, 367

effect of, on substituted candidate, 367 (n.)

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