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together with full costs of suit; provided such action be commenced 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.
XLIX. 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.
L. From and after the next dissolution of Parliament no election or return to Parliament shall be questioned except in accordance with the provisions of this Act, but until such dissolution, elections, and return to parliament may be questioned in manner heretofore in use.
LI. Where an election petition under this Act complains of the con. duct 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.
LII. A petition under this Act complaining of no return may be presented to the Court, and shall be deemed to be an election petition 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 petition to be heard by the judge in manner herein before provided with respect to ordinary election petitions.
LIII. On the trial of a petition under this Act complaining 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.
LIV. From and after the next dissolution of parliament the Acts contained in the schedule hereto are repealed so far as relates to elections and petitions to the extent therein mentioned; provided that such repeal shall not affect the validity or invalidity of anything already done or suffered, or any offence already committed, or any remedy or proceeding in respect thereof, or the proof of any past act or thing.
LV. The additional puisne 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, pension, attendant officers, jurisdiction, and all other privileges and duties as a judge, stand in the same position as the other puisne judges of the court to which he is attached.
Any puisne judge of the said courts appointed in pursuance of or after the passing of this Act shall be authorized to sit, and shall, when requested by the Lord Chancellor, sit as a judge of the court of probate and court of marriage aud divorce or of the admiralty court.
LVI. If upun a petition to the House of Commons, presented within twenty-one days after the return to the clerk of the Crown in Chancery in England, or to the clerk of the Crown and Hanaper in Ireland, of a member to serve in Parliament for any borough
or county, or within fourteen days after the meeting of Parliament, and signed by any two or more electors of such borough or county, and alleging that corrupt practices have extensively prevailed 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 be presented by both Houses of Parliament, praying that such allegation may be inquired into, the Crown may appoint commissioners to inquire into the same, and if such commissioners in such case be appointed, they shall inquire in the same manner and with the same powers and subject to all the provisions of the statute of the fifteenth and sixteenth of Victoria, chapter fifty
LVII. Any person who at the time of the passing of this Act was entitled to practise as agent according to the principles, practice, and rules of the House of Coinmons, in cases of election petitions and matters relating to election of members of the House of Com. mons, shall be entitled to practise as an attorney or agent n cases of election petitions and all matters relating to elections before the court and judges prescribed by this Act: provided, 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, provided, 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 kept, by the prescribed officer in the prescribed manner.
LVIII. The provisions of this Act shall apply to Scotland, subject to the following modifications: 1. The expression " the court" shall mean either division 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 respect 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 parliament: 3. The expression “ Borough” shall mean any university or univer
sities, or any city, town, burgh, or district of cities, towns, or burghs, returning a member or members to serve in parlia
ment: 4. Recognizance's shall mean a bond of caution with usual and
necessary clauses: 5. The trial of every election petition in Scotland shall be conducted
before a judge of the court of session, to be selected from a
rota to be formed as herein-after 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 vote
two of the judges of such court, not being members of the House of Lords, to be placed on the rota for the trial of election
petitions 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 any 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 otherwise 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 requisition of such judges on the rota, select in manner herein-before provided, a judge to try election petitions 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 performed by 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 determined 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 imposed on them in pursuance of this Act as the said Lord President may with the consent of
commissioners of the treasury, determine: 13. The judge shall be received at the place 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 be attended by such officer or officers as shall be necessary: 14. The travelling and other expenses of the judge, and of the officer
or officers in attendance upon him, and all expenses properly 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,
subject to the provisions of this Act, have the same powers, jurisdictions, and authority 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 and client in a suit in the High Court of Chancery shall in Scotland mean the principles of taxation of expenses as between agent and
client in the court of session : 17. Any of Her Majesty's Courts of record at Westminster shall in
Scotland mean the court of session in Scotland: 18. In lieu of the provisions for the estreating of a recognizance under
an election petition, the prescribed officer shall, when otherwise competent under the provisions 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 upou it as
accords of law. LIX. This act shall be in force until the expiration of three years fron the passing of such Act and to the end of the then next session of parliament.
Date of Act.
Title of Act.
Extent of Repeal.
4& 5 Vic. c. 57 An Act for the Prevention of Bribery at The whole Act.
Elections. 5&6Vic.c.102 An Act for the better Discovery and Pre- The whole Act.
vention of Bribery and Treating at the
Election of Members of Parliament. 11 & 12 Vic. c. An Act to amend the Law for the Trial The whole Act. 98
of Election Petitions. 26 Vic. c. 29. An Act to amend and continue the Law Section 8.
relating to corrupt Practices at elections
of Members of Pa ent. 28 Vic. c. 8, An Act to amend“The Election Petitions The whole Act.
Act, 1848," in certain Particulars.
THE OATH OF ALLEGIANCE.
The Oath to be made and subscribed by Members of Parliament on taking their seats is in the following form :
“I do swear that I will be faithful and bear true allegiance to her Majesty Queen Victoria, her heirs and successors. So help me God."
“ACT FOR THE REPRESENTATION OF THE PEOPLE, 1867."
(30th and 31st Victoriæ, cap. 102.)
An Act further_to amend the Laws relating to the Representation of the People in England and Wales.
[15th 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 Representation of the People Act, 1867."
11. This Act shall not apply to Scotland or Ireland, nor in anywise affect the election of members to serve in Parliament for the Universities of Oxford or Cambridge.
PART 1.-FRANCHISES. III. Every man shall, in and after the year One thousand eight hundred and sixty-eight, be entitled to be registered as a Voter, and, when registered, to vote for a member or members to serve Parliament for a Borough, who is qualified as follows: (that is to say);
1. Is of full age, and not subjcct to any legal incapacity; and 2. Is on the last day of July in any year, and has during the
whole of the proceeding twelve calendar months been, an inhabitant occupier, as owner or tenant, of any dwelling house within
the Borough ; and 3. Has during the time of such occupation been rated as an ordinary
occupier in respect of the premises so occupied by him within the Borough to all rates (if any) made for the relief of the poor
in respect of such premises; and 4. Has on or before the twentieth day of July in the same year
bona fide paid an equal amount in the pound to that payable by other ordinary occupiers in respect of all poor rates that have become payable by him in respect of the said premises up
to the preceding fifth 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.
IV. Every man shall in and after the year One thousand eight hundred and sixty-eight, be entitled 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 incapacity; and 2.
As a lodger has occupied in the same Borough separately and as
sole tenant for the twelve months preceding the last 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 8. Has resided in such lodgings during the twelve months imme