47 & 48 Vict. c. 70, s. 2, subs. 2. Corrupt Practices at Municipal Elections Act, 1884. A person who commits any corrupt practice in reference to a municipal election shall be guilty of the like offence, and shall on conviction be liable to the like punishment and subject to the like incapacities as if the corrupt practice had been committed in reference to a parliamentary election. By the Corrupt Practices Parliamentary Elections Act, 1883, s. 6 (4) (p. 385), a person convicted of a corrupt practice at a parliamentary election is disqualified from sitting for seven years. 47 & 48 Vict. c. 70, s. 2, subs. 2. Corrupt practices at municipal elections. 48 & 49 Vict. c. 61, s. 3. The Secretary for Scotland 48 & 49 Vict. Act, 1885. c. 61, s. 3. 3. The Secretary, if not a member of the House of Lords, Secretary for shall if otherwise qualified, be capable of being elected to and Scotland qualiof voting in the Commons House of Parliament, and the office fied. of Secretary shall be deemed to be an office included in Schedule (H.) of the Representation of the People Act, 1867, in Schedule (H.) of the Representation of the People (Scotland) Act, 1868, and in Schedule (E.) of the Representation of the People (Ireland) Act, 1868, and in Part First of the Schedule of the Promissory Oaths Act, 1868, as regards England. By s. 2 a salary of £2000 a year is annexed to the office, which but for the section extracted would be a new office of profit under the Crown (6 Anne, c. 7, s. 24, p. 349). It is to be observed that the Secretary for Scotland is not a Secretary of State, as to which office, see p. 377. * p. 378. 48 +490uctC 61.53. And because elections ought to be free the King commandeth upon great forfeiture, that no man by force of arms, nor by malice or menacing, shall disturb any to make free elections. 7 & 8 Will. 3, c. 7, ss. 3-6. [1. False returns declared against law and prohibited, and returns contrary to the last determination in the House of Commons of the right of election in a county, city, borough, cinque port, or place adjudged to be a false return.-Obsolete.] [2. The person duly elected may sue the officers and persons making or procuring the false return at Westminster, and recover double damages and costs.-Obsolete.] 7 & 8 Will. 3, c. 7, ss. 3-6. 3. And to the end the law may not be eluded by double Double returns returns, be it further enacted, That if any officer shall wilfully, forbidden. falsely, and maliciously return more persons than are required to be chosen by the writ or precept on which any choice is made, the like remedy may be had against him or them, and the party or parties that willingly procure the same and every or any of them by the party grieved at his election. This section has been disregarded by the House of Commons, and in the Helston Case, in July, 1866, it was resolved that "according to the law and usage of Parliament it is the duty of the returning officer in England, in case of an equal number of votes being polled, to return all the candidates." This rule is, however, now altered by s. 2 of the Ballot Act, 1872 (p. 432), which gives the returning officer when an elector a casting vote. When there is an equality of votes, and the returning officer is not an elector, and in other cases of double election, the returning officer must choose between the penalties of this section forbidding a double return, and the resolution of the House of Commons requiring it. Theoretically the Act of Parliament must prevail; practically the resolution is followed, especially as by s. 40 of the Election Petitions Act, 1868 (p. 534), a double return seems contemplated. return. 4. And be it further enacted, That all contracts, promises, Penalty for bonds, and securities whatsoever hereafter made or given to procuring false procure any return of any member to serve in Parliament, or or double anything relating thereunto, be adjudged void, and that whoever makes or gives such security, contract, promise, or bond, or any gift or reward to procure such false or double return, shall forfeit the sum of three hundred pounds, one-third part thereof to be to his Majesty, his heirs and successors, another third part thereof to the poor of the county, city, borough, or place concerned, and one-third part thereof to the informer, with his costs to be recovered in any of his Majesty's courts of record at Westminster by action of debt, bill, plaint, or information, wherein no essoigne, protection, or wager of law shall be allowed nor any more than one imparlance. 5. And for the more easy and better proof of any such false or double return, be it enacted, That the Clerk of the Crown for the time being shall from time to time enter or cause to be entered in a book for that purpose, to be kept in his office, every single and double return of any member or members to serve in Parliament which shall be returned or come into his office or to his hands, and also every alteration and amendment as shall be made by him or his deputy in every such return, to Book of returns kept by Clerk of Crown. 7 & 8 Will. 3, c. 7, ss. 5, 6, False or Double Return. Penalty on Limitation of time. which book all persons shall have free access at all seasonable times to search and take true copies of so much thereof as shall be desired, paying a reasonable fee or reward for the same, and that the party or parties prosecuting such suit shall and may at any trial give in evidence such book so kept or a true copy thereof relating to such false or double return, and shall have the like advantage of such proof as he or they should or might have had by producing the record itself, any law, custom, or usage to the contrary notwithstanding. And in case the said Clerk of the Crown shall not within six days after any return shall come into his office or to his hands duly and fairly, make such entry or entries as aforesaid, or shall make any alteration in any return unless by order of the House of Commons, or give any certificate of any person not returned, or shall wilfully neglect or omit to perform his duty in the premises, he shall for every such offence forfeit to the party and parties aggrieved the sum of five hundred pounds, to be recovered as aforesaid, and shall also forfeit and lose his said office and be for ever incapable of having or holding the same. 6. Provided always, That every information or action grounded upon this statute shall be brought within the space of two years after the cause of action shall arise, and not after. 7 & 8 Will. 3, c. 25, ss. 1, 2. Time between return of writ. Writ delivered to proper officer, and date of receipt indorsed. 7 & 8 Will. 3, c. 25, ss. 1, 2. 1. When any new Parliament shall at any time hereafter be summoned or called, there shall be forty days between the teste and returns of the writs of summons; and that the Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal for the time being, shall issue out the writs for election of members to serve in the same Parliament, with as much expedition as the same may be done; and that as well upon the calling or summoning any new Parliament, as also in case of any vacancy during this present or any future Parliament, the several writs shall be delivered to the proper officer to whom the execution thereof doth belong or appertain, and to no other person whatsoever: and that every such officer, upon the receipt of the same writ, shall upon the back thereof indorse the day he received the same. By 15 & 16 Vict. c. 23 (p. 410), the time between the Queen's pro lamation and the meeting of Parliament may be any time not less than thirty-five days. This enactment necessarily reduces the period of 40 days between the teste and the return, but there is no period laid down in which the sheriff is to return the writ. The form in the Ballot Act (p. 449) lays down no time for the return, but it provides for the indorsement required by this Act. The latter part of this section provided for the sheriff issuing precepts to the boroughs within his county, but this procedure was abrogated in 1855 by 16 & 17 Vict. c. 68, s. 1 (p. 411), and the writs directed to be sent to the borough returning officers direct. 2. Neither the sheriff or his under sheriff, in any county or city, nor the mayor, bailiff, constable, port- reeve, or other officer or officers, of any borough, town corporate, port or place, to whom the execution of any writ or precept for electing members to serve in Parliament doth belong or appertain, shall give, pay, receive, or take any fee, reward, or gratuity whatsoever, for the making out, receipt, delivery, return, or execution of any such writ or precept. By s. 5 sheriffs and others for every wilful offence against the Act forfeit £500, to be recovered by action. For s. 6 of this Act, see p. 4; for s. 7, see pp. 5 and 347. 8. All county courts held for the county of York or any other county courts which heretofore used to be beld on a Monday shall be called and begun on a Wednesday and not otherwise, any custom or usage to the contrary notwithstanding. This section is apparently obsolete. 7 & 8 Will. 3, c. 25, s. 2. Sheriff, &c., take any fee. not to give or 1 Geo. 1, st. 2, c. 38. [The Septennial Act.] 1 Geo. 1, st. 2, c. 38. Continuance of This present Parliament, and all Parliaments that shall at any time hereafter be called, assembled or held, shall and may respectively have continuance for seven years, and no longer, Parliaments to be accounted from the day on which by the writ of summons for seven years. this present Parliament hath been, or any future Parliament shall be appointed to meet, unless this present, or any such Parliament hereafter to be summoned, shall be sooner dissolved by his Majesty, his heirs or successors. 24 Geo. 3, c. 26. [1. Repeal of 10 Geo. 3, c. 41, and 15 Geo. 3, c. 36.] 2. And be it enacted, That, from and after the passing of this Act, it shall and may be lawful for the Speaker of the House of Commons for the time being, during any recess of the said House, whether by prorogation or adjournment, and he is hereby required to issue his warrant to the Clerk of the Crown, to make out a new writ for electing a member of the House of Commons in the room of any member of the said House who shall happen to die, or who shall become a peer of Great Britain, either during the said recess, or previous thereto, as soon as he shall receive notice, by a certificate, under the hands of two members of the House of Commons, of the death of such member, in the first case; and in the second case, that a writ of summons hath been issued, under the Great Seal of Great Britain, to summon such peer to Parliament; which certificate may be in the form, or to the effect, comprised in the schedule hereunto annexed. 24 Geo. 3, c. 26. Electing members |