The Act 32 & 33 Vict. c. 68, allowing persons incompetent to take an oath, 6 Vict. c. 18. to make a promise and declaration, seems to apply, as the returning officer or his deputy would appear to be "a person having by law authority to administer an oath for the taking of evidence" within the amending Act 33 & 34 Vict. c. 49, s. 1. oaths to be taken. 82. And be it enacted, That save as aforesaid, it shall not be No other lawful to require any voter at any election whatever of a member or members to serve in Parliament to take any oath or affirmation, either in proof of his freehold, or of his residence, age, or other qualification or right to vote, any law or statute, local or general, to the contrary notwithstanding; nor to reject any vote tendered at such election by any person whose name shall be upon the register of voters in force for the time being, except by reason of its appearing to the returning officer or his deputy, upon putting such questions as aforesaid, or either of them, that the person so claiming to vote is not the same person whose name appears on such register as aforesaid, or that he had previously voted at the same election, or except by reason of such person refusing to answer the said questions or either of them, or to take the said oath, or make the said affirmation, or to take or make the oath or affirmation against bribery; and no scrutiny shall hereafter be allowed by or before any return- No scrutiny ing officer with regard to any vote given or tendered at any such election; any law, statute, or usage to the contrary notwithstanding. There may, however, be a scrutiny before the judges. [83, 84. Persons personating voters to be guilty of a misdemeanor. Aiders and abettors to be punished as principals. Repealed by Ballot Act, 1872. See now s. 24 of that Act, p.438.] before return ing officer. 85. And for the more effectual detection of the personation Personation of voters at elections, be it enacted, That it shall be lawful for agents. any candidate, at any election of a member or members to serve in Parliament for any county, city, or borough, previous to the time fixed for taking the poll at such election, to nominate and appoint an agent or agents on his behalf to attend at each or any of the booths appointed for taking the poll at such election, for the purpose of detecting personation; and such candidate shall give notice in writing to the returning officer, or his respective deputy, of the name and address of the person or persons so appointed by him to act as agents for such purpose; and thereupon it shall be lawful for every such agent to attend during the time of polling at the booth or booths for which he shall have been so appointed. For definition of personation, see s. 24 of the Ballot Act, 1872 (p. 438). 86. If at the time any person tenders his vote at such Apprehension of election, or after he has voted, and before he leaves the polling persons charged with booth, any such agent so appointed as aforesaid shall declare to personation. the returning officer, or his respective deputy, presiding therein, that he verily believes, and undertakes to prove, that the said ss. 86-88. Personation. 6 Vict. c. 18, person so voting is not in fact the person in whose name he assumes to vote, or to the like effect, then and in every such case it shall be lawful for the said returning officer, or his aid deputy, and he is hereby required, immediately after such person shall have voted, by word of mouth to order any constable or other peace officer to take the said person so voting into his custody, which said order shall be a sufficient warrant and authority to the said constable or peace officer for so doing : Provided always, that nothing herein contained shall be construed or taken to authorize any returning officer, or his deputy, to reject the vote of any person who shall answer in the affirmative the questions authorized by this Act to be put to him at the time of polling, and shall take the oaths or make the affirmations authorized and required of him; but the said returning officer, or his deputy, shall cause the words, "Protested against for personation," to be placed against the vote of the person so charged with personation when entered in the poll book. Saving for vote. Persons charged with personation to be taken before two justices. Bail to be taken in certain cases. Justices satisfied of personation are to commit for trial. 87. And be it enacted, That every such constable or peace officer shall take the person so in his custody, at the earliest convenient time, before some two justices of the peace acting in and for the county, city, or borough within which the said person shall have so voted as aforesaid; Provided always, that in case the attendance of two such justices as aforesaid cannot be procured within the space of three hours after the close of the poll on the same day on which such person shall have been so taken into custody, it shall be lawful for the said constable or peace officer, and he is hereby required, at the request of such person so in his custody, to take him before any one justice of the peace acting as aforesaid, and such justice is hereby authorized and required to liberate such person on his entering into a recognizance, with one sufficient surety, conditioned to appear before any two such justices as aforesaid, at a time and place to be specified in such recognizance, to answer the said charge; and if no such justice shall be found within four hours after the closing of the said poll, then such person shall forthwith be discharged from custody: Provided also, that if in consequence of the absence of such justices as aforesaid, or for any other cause, the said charge cannot be inquired into within the time aforesaid, it shall be lawful nevertheless for any two such justices as aforesaid to inquire into the same on the next or on some other subsequent day, and if necessary, to issue their warrant for the apprehension of the person so charged. 88. And be it enacted, That if on the hearing of the said charge the said two justices shall be satisfied, upon the evidence on oath of not less than two credible witnesses, that the said person so brought before them has knowingly personated and falsely assumed to vote in the name of some other person within the meaning of this Act, and is not in fact the person in whose name he voted, then it shall be lawful for the said two justices to commit the said offender to the gaol of the county, city, or borough within which the offence was committed, to take his trial according to law, and to bind over the witnesses in their respective recognizances to appear and give evidence on such trial as in the case of other misdemeanors. 6 Vict. c. 18. If justices satisfied that charge un founded, they are to order 89. And be it enacted, That if the said justices shall on the hearing of the said charge be satisfied that the said person so charged with personation is really and in truth the person in whose name he voted and that the charge of personation has been made against him without reasonable or just cause, or if compensation. the agent so declaring as aforesaid, or some one on his behalf, shall not appear to support such charge before the said justices, then it shall be lawful for the said justices and they are hereby required to make an order in writing under their hands on the said agent so declaring as aforesaid, to pay to the said person so falsely charged, if he shall con-ent to accept the same, any sum not exceeding the sum of ten pounds nor less than five pounds, by way of damages and costs; and if the said sum shall not be paid within twenty-four hours after such order shall have been made, then the same shall be levied, by warrant under the hand and seal of any justice of the peace acting as aforesaid, by distress and sale of the goods and chattels of the said agent; and in case no sufficient goods or chattels of the said agent can be found on which such levy can be made, then the same shall be levied in like manner on the goods and chattels of the candidate by whom such agent was so appointed to act; and in case the said sum shall not be paid or levied in the manner aforesaid, then it shall be lawful for the said person to whom the said sum of money was so ordered to be paid to recover the same from the said agent or candidate, with full costs of suit, in an action of debt to be brought in any one of her Majesty's Superior Courts of Record at Westminster: Provided always, that if the person so falsely charged shall If compensahave declared to the said justices his consent to accept such tion, no action. sum as aforesaid by way of damages and costs, and if the whole amount of the sum so ordered to be paid shall have been paid or tendered to such person, in every such case, but not otherwise, the said agent, candidate, and every other person shall be released from all actions or other proceedings, civil or criminal, for or in respect of the said charge and apprehension. officers to 90. It shall and may be lawful for the high sheriff of any Sheriffs and county, and for the mayor or returning officer of any city or returning borough, and he and they are hereby required for the purposes aforesaid, to provide a sufficient attendance of constables or peace officers in each booth at the different polling places within their respective counties, cities, or boroughs. [91. Repealed by Ballot Act, 1872.] provide constables. Liverymen of London to poll in the 92. In the city of London the returning officer or officers shall take the poll or votes of such freemen of the said city, Guildhall. 6 Vict. c. 18. being liverymen of the several companies, as are entitled to vote at such election, in the Guildhall of the said city, and shall not be required to provide for them any booth or compartment, but shall take one poll for the whole number of such liverymen at the same place. Safe custody of poll books. 93. And whereas it is enacted by the said-recited Act, That at every contested election for any county, riding, or division of a county, city, or borough in England, except the borough of Monmouth, the sheriff, under sheriff, or returning officer should, on the day therein mentioned, after the close of the poll, openly break the seals on the several poll books, and cast up the number of votes as they appear on the said several books, and openly declare the state of the poll, and make proclamation of the member or members chosen, not later than the time therein mentioned; and whereas no adequate provision has been made for the safe custody and production of the said poll books subsequent to such declaration of the poll and proclamation of the members chosen at any contested election, in consequence whereof great mischief and expense have arisen in cases of disputed returns of members to serve in Parliament: be it therefore enacted, That at every contested election of a member or members to serve in Parliament for any county, riding, parts or division of a county, or for any city or borough in England or Wales, or for the town of Berwick-upon-Tweed, the sheriff, under sheriff, or returning officer, after having declared the state of the poll, and made proclamation of the member or members chosen to serve in Parliament in the manner provided for by the said herein before in part recited Sealing books. Act, shall forthwith enclose and seal up the several poll books, and tender the same to each of the candidates, to be sealed by them respectively; and in case any candidate shall neglect or refuse to seal the same, the sheriff, under sheriff, or returning officer, shall thereupon indorse on one of the said poll books the fact of such neglect or refusal; and every such sheriff, under sheriff, or other returning officer shall, by himself or his agent, as soon as possible after such proclamation as aforesaid, deliver Forwarding to the said poll books, so sealed as aforesaid, to the clerk of the Clerk of Crown in the High Court of Chancery, or his deputy, or deliver the same, directed to the said clerk of the Crown, to the postmaster or deputy postmaster of the city, town, or place wherein such proclamation shall have been made as aforesaid, who on receipt thereof shall give an acknowledgment in writing of such receipt to such sheriff, under sheriff, or returning officer, expressing therein the time of such delivery, and shall keep a duplicate of such acknowledgment, signed by such sheriff, under sheriff, or returning officer; and the said postmaster or deputy postmaster shall dispatch all such poll books, so sealed and directed as aforesaid, by the first post or mail after the receipt thereof, to the General Post Office in London; and the postmaster or postmasters general are hereby directed, im mediately on receipt of such poll books, to convey the same to the Crown Office, and to deliver the same there, so sealed as aforesaid, to the said clerk of the Crown or his deputy; and the said clerk of the Crown or his deputy is hereby required to give to such postmaster or postmasters general, sheriff, under sheriff, returning officer, or agent delivering the same, a memorandum in writing, acknowledging the receipt of such poll books, and setting forth the day and hour when the same were delivered at the Crown Office; and the said clerk of the Crown or his deputy is hereby required, immediately on receipt of such poll books, to register the same in the books of the said Crown Office, and to endorse thereon the day and hour upon which he received the same; and every such sheriff, under sheriff, or returning officer is hereby required at the time of transmitting such poll books as aforesaid through the post office, to address and forward a letter by the same post or mail to the said clerk of the Crown, informing him of such transmission, and giving the number and description of such poll books so transmitted. See Rule 38 of Ballot Act, 1872, p. 446, post, for the application of this section to the new mode of voting. 97. Every sheriff, under sheriff, clerk of the peace, town clerk, secondary, returning officer, clerk of the Crown, postmaster, overseer, or other person, or public officer, required by this Act to do any matter or thing, shall for every wilful misfeasance, or wilful act of commission or omission contrary to this Act, forfeit to any party aggrieved the penal sum of one hundred pounds, or such less sum as the jury before whom may be tried any action to be brought for the recovery of the beforementioned sum shall consider just to be paid to such party, to be recovered by such party, with full costs of suit, by action for debt in any of her Majesty's Superior Courts at Westminster: Provided always, that nothing herein contained shall be construed to supersede any remedy or action against any returning officer according to any law now in force. See s. 61 of the Corrupt Practices Act, 1883, p. 500, for the extension of the section to registration officers. [101. Interpretation Clause, see p. 113, ante.] 6 Vict. c. 18. Parties wilfully contraAct liable to action. vening the 10 Vict. c. 21. An Act to regulate the Stations of 10 Vict. c. 21. Soldiers during Parliamentary Elections. [1. Repeal of 8 Geo. 2, c. 30.] [23rd July, 1854. 2. And be it enacted, that on every day appointed for the Soldiers to nomination or for the election or for taking the poll for the remain in election of a member or members to serve in the Commons quarters House of Parliament no soldier within two miles of any city, during elecborough, town, or place where such nomination or election shall be declared or poll taken shall be allowed to go out of the tions." |