The Parliamentary Elections Corrupt and Illegal Practices Preventions Acts, 1854 to 1889

5. And your petitioner further says that several persons being voters, in respect of whom undue influence was practised on behalf of the said A. B. voted at the said election.

employed for

6. And your petitioner says that several persons retained Voting by or employed for reward by or on behalf of the said A. B. for persons the purposes of the said election, as agents, clerks, mes- reward. at the said sengers, and in other employments, voted at

election.

7. And your petitioner claims that there should on a scrutiny be struck off from the number of votes appearing to have been given to the said A. B. at the said election, one vote for every person who voted at the said election, and who shall be proved to have been unduly influenced, or to have been retained or employed for reward as aforesaid.

8. And your petitioner says that a greater number of valid and lawful votes were recorded at the said election for the said C. D. than for the said A. B. (Down, 3 O. & H. 115). That after the said election and return, and within

days before the presentation of this petition, the respondent, by himself and by others, with his privity, and on his account, corruptly gave and provided in pursuance of such corrupt practice, meat, drink, entertainment, and provision, on [date and place], to certain voters on account of such voters having voted for him (Brecon, 2 O. & H. 43).

Treating after the election.

That by reason of the wrongful acts of the respondent and Where notice of disqualification his agents aforesaid, and by reason of each of them, the given before respondent was disqualified and incapacitated from being the election. elected as a representative for

election and return was illegal and void.

and his

Your petitioner did on [date] being the day of nomination, cause a notice to be posted in the vicinity of the place of nomination for the said county, and to be advertised in several newspapers published in the said county, and to be extensively posted throughout all parts of the said county, which notice was in the words and figures following [set out notice]:

That on [date], being the day of polling aforesaid, the petitioner caused a copy of the said notice to be served upon each of the electors before voting for the respondent, or upon a sufficient number of the said electors to have reduced the poll of the respondent below that of the petitioner, and such electors refrained from voting for the respondent.

That a large number of duly qualified electors of the said county duly voted for the petitioner at the said election (Galway, 2 O. and H. 46).

Bribery by

sion to shoot
rabbits.

That the respondent having, for the purpose of influencing giving permis- voters at the election, given to certain voters in the said borough, immediately before and at the said election, a right to trap and shoot rabbits, was guilty of corrupt practices, and was disqualified from being a candidate for the said borough, and that all votes given for him after due notice of such disqualification would be thrown away (Launceston, 2 O. and H. 129).

Personation.

Paying for
conveyance of
voters.

Violating

secrecy of poll.

Voting papers invalid.

At the said election, certain electors who were dead or absent were personated by their sons or other persons and their votes recorded for the respondent, whereby the respondent obtained votes to which he was not properly entitled, and that the votes so recorded ought now to be struck off the poll.

Under the circumstances above mentioned, the respondent obtained an apparent and colourable majority over the peti tioner, whereas in truth and fact the petitioner has a majority of votes (Athlone, 3 O. & H. 57).

Respondent did by himself and his agents, and other persons on his behalf, for the purpose of unduly and unfairly influencing the said election and of procuring the return of the said candidate thereat, knowingly, deliberately, and of purpose contrary to law, pay and engage to pay money for and on account of the conveyance of voters to the poll (Bolton, 2 O. & H. 139).

Respondent did, &c., unlawfully conspire with, and did designedly, illegally and corruptly induce divers persons in attendance at divers polling stations at the said election, and whose duty it was by law to maintain and aid in maintaining the secrecy of the voting in such stations, and who had made, and had hereafter to make the statutory declaration of secrecy in that behalf, to wilfully, deliberately and of purpose, violate the provisions of the Ballot Act, 1872, and to unlawfully communicate to them the said candidate and his agents, and other persons on his behalf, before the poll was closed, information as to the name and numbers on the register of voters of the electors who had or had not applied for ballot-papers and voted at the said polling stations (ibid).

The petition, after stating that the returning officer had returned the respondent as being duly elected by a majority of two votes, alleged that the return of the respondent was undue and erroneous, and that "the said number of 522 votes reported by the returning officer as given for respondent was arrived at by counting as good votes a large number of votes

which ought not to have been counted, but ought to have been rejected as not being in the terms of the Ballot Act, 1872, by reason:

(1.) Of the ballot papers so counted not being marked

in accordance with the provisions of the Ballot
Act, 1872.

(2.) Of their containing writings or marks by which
the votes could be identified.

(3.) Of their being unmarked or void from uncertainty.

The petition further alleged that the said X., since the date Prayer to of the said election, had been appointed and had taken his declare sent seat as one of the Lords of the Session.

And the petition prayed that it might be determined "that the respondent was not duly elected on return, and that his election and return were and are wholly null and void; but that the said Y. was duly elected and ought to have been returned as Member of Parliament for the said [constituency], and that the place of Member of Parliament for the said [constituency] is now vacant, or to do otherwise in the premises as to your lordships shall seem proper (Wigtown, 2 O. & H. 215).

vacant.

That no poll was, in fact, taken at divers polling places in Irregularities at the said borough at the said election.

That at divers other polling places in the said borough the polling at the said election did not commence at eight o'clock, of the forenoon, and continue and keep open during the day up to four o'clock in the afternoon, as by law required.

That by reason of the matters aforesaid divers and many voters of the said borough were prevented from voting at the said election.

And that, by reason of the premises, the said election was and is void* (Hackney, 2 O. & H. 77).

election.

as to time

That on Monday, the 27th December, the said sheriff Irregularity caused notice to be given of an election to be held on Friday, of holding December 31st, being a day sooner than the sixth day from election. the date or giving of the said notice; and

That the said election was illegally held by said sheriff, because the notice for the said election was not given within two days after the receipt of the writ, and also because six days' notice of the said election was not given, as required by

*A summons taken out by the respondent to show cause why the petition should not be taken off the list, on the ground that it was not a petition within the meaning of P. E. Act, 1868, and did not disclose any facts which would vitiate the return or give the Court jurisdiction, was dismissed.

G G

Vote by alien

the statutes in that case made and provided, the said election having taken place sooner than the sixth day from the signing and giving of the said notice (Longford, 2 O. & H. 7).*

That one W., who voted at the said election, is not a natural born British subject, that he has not been naturalised, nor has he taken the oath of allegiance in the term of the statute; that he was and is disqualified from voting by the common law of Parliament by reason of alienage, and that his vote ought to be struck off the poll (Berwick, 3 O. & H. 178).

FORM FOR AFFIDAVIT ON WITHDRAWAL OF
ELECTION PETITION.

In the Leominster and Nottingham Cases (5 C. P. D. 553) it was held that the mere form "to the best of my knowledge, information and belief," by itself was "far too loose," and the following form was approved by the Court:

"To the best of my knowledge, information and belief, from inquiry I have made of all my agents, and speaking positively for myself, the application to withdraw the said petition is not the result of any corrupt arrangement between me or my said agents, and the said petitioners (or respondents) or either of them, or in consideration of the withdrawal of any other petition." The agent's affidavit deposed positively as to himself, and to the best of his knowledge, &c., as to the other members of his firm (ib.).

As to what the affidavits should further state, see p. 234, supra.

*This election was avoided on other grounds, so that this point was not decided. See as to the times for giving notice, &c., p. 441.

INDEX.

ABATEMENT OF PETITION—

by death of sole petitioner, 239, 360. but not by death of respondent, 339.

nor by his acceptance of office or peerage, 239. ABDUCTION

included in force or restraint, 47.

making voters drunk, and keeping away, 58. ABSENCE

of candidate from United Kingdom, 19, 194. ACCEPTORS OF BRIBES, 97.

ACTION

for penalties, 13, 15, 267. for disputed claims, 182.

ADDRESS

election, advertisement of, &c., 130, 134. expenses of distributing, &c., 304.

of printer to be on placard, 12, 156.

of agents and sub-agents to be published, 168, 172.

Books

The Parliamentary Elections Corrupt and Illegal Practices Preventions Acts ...