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one shilling for every two hundred words, to a copying clerk, for the same; and when the election auditor shall have concluded the business of any election he shall deliver over all accounts in his hands to the clerk of the peace in counties, and to the town clerk or other officer performing any of the duties of town clerk in cities and boroughs, and to the sheriff clerk in counties in Scotland, who shall allow them to be inspected by any person, on the payment of one shilling, and shall furnish copies of the same or of any part thereof on the payment of a fee, at the rate of one shilling for every two hundred words, to the copying clerk, provided always, that for any copy so furnished the fee shall in no instance be less than one shilling, and shall deliver over to the candidates respectively the balance of all monies, if any, and all vouchers in his hands, except any vouchers appertaining personally to himself.

publish ab

XXVIII. The election auditor shall also, as soon as he Election conveniently can, insert or cause to be inserted an abstract auditor to of such account, signed by him, in some newspaper pub- stract of such lished or circulating in the county or place where such elec- accounts. tion is held; and such abstract of account shall specify the amount of each of such bills, charges, or claims admitted to be correct, or claimed and objected to, and the names of the parties to whom the same shall have been paid or are due, or by whom the same have been claimed respectively.

election

case of death,

&c.

XXIX. In case the person appointed to act as election Returning auditor should, before his duties herein mentioned are com- officer to pleted, die, resign, or become incapable of acting as such appoint new election auditor, it shall be lawful for the returning officer auditor in for the time being to appoint some fit and proper person to act as such election auditor in the room of the person originally appointed as aforesaid for the remainder of the then current year of such appointment; and the returning officer shall give public notice of such appointment in the county, city, or borough.

over to new

XXX. All monies, bills, papers, and documents of and Monies, &c. relating to the election which were in the hands or under to be handed the control of the election auditor going out of office, dying, election resigning, or becoming incapable of acting as aforesaid, auditor. except receipts or vouchers for payments actually made by such election auditor, shall be handed over and transferred to the new election auditor appointed as herein before mentioned; and such new election auditor shall in all respects, or as near thereto as may be, have the same powers and act in the same way as if he had been originally appointed pre

Appointment and notification of agents.

Nomination

candidates

expenses.

vious to the election: provided always, that it shall be lawful for such new election auditor, at all reasonable times, to have access to and take copies of or extracts from the receipts or vouchers above excepted.

XXXI. Every candidate shall, before or at the nomination, or as soon after as conveniently may be, declare to the election auditor in writing the name or names of his agent or agents for election expenses, who shall be appointed in writing, and that he has not appointed and will not appoint any other agent without in like manner declaring the same to the election auditor, and no other than such agents shall have authority to expend any money or incur any expenses of or relating to the election, in the name or on the behalf of the candidate: and such agents may pay any of the current expenses of the election necessary to be paid in ready money, provided that such agents shall make out, to the best of their ability, and render, from time to time, true and particular accounts to the election auditor of all such payments; and every such agent shall, as soon as conveniently may be after his appointment as aforesaid, make and sign the following declaration :

I [A.B.], being appointed an agent for election expenses by [X.Y.], a candidate at this election, do hereby solemnly and sincerely declare, that I have not knowingly made, authorized, or sanctioned, and that I will not knowingly make, authorize, or sanction, any payment on account of this election, otherwise than through the election auditor, save as excepted and allowed by "The Corrupt Practices Prevention Act, 1854."

XXXII. In case any person shall be proposed and of absent seconded at any election in his absence, and without his previous authority, it shall be lawful to the persons proposing and seconding such person to pay and agree to pay the lawful expenses of the election of such person; and such proposer and seconder having agreed to pay such lawful expenses shall become liable to pay the fees hereby made payable to the election auditor, and pay any of the lawful expenses of such election, in like manner and upon the same terms and conditions as herein provided concerning agents for election expenses appointed in writing by the candidates.

Payments

XXXIII. If any candidate at any election, or any membefore pass- ber hereafter returned to serve in Parliament, shall before ing of act. the passing of this act have paid any money 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.

paid.

XXXIV. Every such election auditor shall be paid and Election be entitled to receive, by way of remuneration to him for his auditor, how services in and about the election, the sum of ten pounds from each candidate at the election, as and by way of first fee; and a further commission, at the rate of two pounds per centum, from each candidate upon every payment made by him for or in respect of any bill, charge, or claim sent in to such election auditor as hereinbefore provided; and the reasonable expenses incurred by the election auditor in the business of the election and the performance of his duties pursuant to this act shall form part of the election expenses, and shall be paid rateably and proportionably by the candidates respectively.

parties, &c.

nesses.

XXXV. On the trial of any action for recovery of any In actions pecuniary penalty under this act, the parties to such action, for penalties and the husbands and wives of such parties respectively, to be comshall be competent and compellable to give evidence in the petent witsame 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 indictment or criminal proceeding under this act against the party giving it.

declared

guilty of

XXXVI. If any candidate at an election for any county, Candidate city, or borough shall be declared by any election committee guilty, by himself or his agents, of bribery, treating, bribery inor undue influence at such election, such candidate shall be capable of being elected incapable of being elected or sitting in Parliament for such during Parcounty, city, or borough during the Parliament then in liament then

existence.

in existence.

XXXVII. In citing this act in any instrument, docu- Short title. ment, or proceeding, or for any purpose whatsoever, it shall be sufficient to use the expression "The Corrupt Practices Prevention Act, 1854."

tion of terms.

XXXVIII. Throughout this act, in the construction Interpretathereof, 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 a county, stewartry, or combined counties respectively returning a member or members to serve in Parliament; and

Duration

of act.

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" skall 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; 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.

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.

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16 Geo. 2, c. 11.

43 Geo.3, c. 74, A. D. 1803.

An act for preventing charge and expense in elections of members to serve in Parliament.

An act for the more effectual preventing bribery and corruption in the election of members to serve in Parliament.

An act to explain and amend the laws touching the elections of members to serve for the Commons in Parliament for that part of Great Britain called Scotland, and to restrain the partiality and regulate the conduct of returning officers at such elections. An act for further regulating

the administration of the oath or affirmation required to be taken by electors of members to serve in Parliament by an act passed in the second year of King George the Second, intituled "An Act for the more effectual preventing Bribery and Corruption in the Election of Members to serve in Parliament."

The whole act.

All the act, except the 3rd section, prescribing the oath to be taken by returning officers, and except so far as the penalties and provisions of the said act are applicable to the false taking of such oath, and the neglect to take the same. So much of the act as is contained in the 33rd section.

The whole act.

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