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Application of Act to other Elections. 36. (1.) Subject as hereinafter mentioned, the provisions of this Act and of Part Four of the Municipal Corporations Act, 1882, as amended by this Act, shall extend to elections for the offices mentioned in the first column of the First Schedule to this Act as if re-enacted herein and in terms made applicable thereto, and petitions may be presented and tried, and offences prosecuted and punished, and incapacities incurred in reference to each such election accordingly. Provided that in the application of the said provisions to any such election :
(a.) The area, officer and rate mentioned opposite to the office in the second, third and fourth columns of the said schedule, shall be deemed to be substituted for the borough or ward, town clerk, and borough fund or rate respectively.
(6.) The expression “corporate office" in the said provisions shall mean an office mentioned in the said schedule, and in relation to the election of a guardian of a union includes any such office in the union, and a “municipal election " shall mean an election to such office, and the expressions “municipal election court," "municipal election list," and “ municipal election petition " shall be construed accordingly.
(c.) No corrupt and illegal practices list shall be made for any such election.
(a.) Vacancies created by the decision of an election court shall be filled by a new election.
(e.) A petition relating to the election of a guardian of a union may be tried at any place within the union.
(f.) Nothing in the said provisions shall render it unlawful to hold a meeting for the purpose of promoting or procuring the election of a candidate to any office mentioned in the said schedule on any licensed or other premises not situate in an urban sanitary district or in the Metropolis ;
(9.) Where the poll at any election to an office in the said schedule is taken by means of voting papers, such of the said provisions as relate to personation, polling agents, disclosure of votes and conveyance of voters shall not apply; but any offence in relation to voting papers or to personation or to voting at such election which is punishable on summary conviction (that is to say), the offences mentioned in section three of the Poor Law Amendment Act, 1851, and in rule sixty-nine of Schedule Two to the Public Health Act, 1875, shall, without prejudice to the punishment under such section and rule of a person guilty of such offence, be deemed to be an illegal practice within the meaning of the said provisions.
(h.) The Local Government Board shall have the same power as heretofore under section eight of the Poor Law Amendment Act, 1842, to determine any question arising as to the right of a person to act as guardian, except that the Board shall not have power
(a.) To determine, until after the expiration of twenty-one days after the election of a person as guardian, any question which can be determined upon an election petition under this section ; nor
(b.) To determine any question which is raised by an election petition under this section, and is either awaiting decision or has been decided by an election court; nor
(c.) To determine any question of general corruption, or of any corrupt or illegal practice, except so far as appears to such Board
necessary for determing the validity of any vote. (2.) The judges for the time being on the rota for the trial of parliamentary election petitions, or any two of those judges, may annually appoint as many barristers, not exceeding five, as they may think necessary to be commissioners for the trial of election petitions under Part Four of the Municipal Corporations Act, 1882, and this Act, and shall from time to time assign the petitions (whether relating to a municipal election or to any other election to which this Act extends) to be tried by each commissioner.
37. The provisions of this Act which probibit the payment of any sum, and the incurring of any expense by or on behalf of a candidate at an election, on account of, or in respect of, the conduct or management of the election, and those which relate to the time for sending in and paying claims, and those which relate to the maximum amount of election expenses, or the return or declaration respecting election expenses, shall not apply to any of the elections mentioned in the First Schedule to this Act.
Repeal. 38. The Acts specified in the Second Schedule to this Act are hereby repealed as from the commencement of this Act to the extent in the third column of that schedule mentioned, but such repeal shall not affect anything duly done or suffered, or any right acquired or accrued, or any incapacity incurred, before the commencement of this Act; and any person subject to any incapacity under any enactment hereby repealed, or under any enactment for which such repealed enactment was substituted, shall continue subject thereto, and this Act shall apply to him as if he had become so subject in pursuance of the provisions of this Act.
39. This Act shall come into operation on the first day of October one thousand eight hundred and eighty-four, which day is in this Act referred to as the commencement of this Act.
Extent of Act. 40. This Act shall not extend to Scotland or Ireland.
41, This Act shall continue in force to the ond of the year one thousand eight hundred and eighty-six, and no longer*.
[*The Act has been continued by the annual Acts for continuing expiring laws.]
The general dis
Member of local Local Government Clerk to the
board, as defined district or ward local board,
Member of Improve- Improvement Act Clerk to the
ment Commis- district or ward Improvement sioners, as defined of such district. Commissioners, by the Public
or person perHealth Act, 1875.
The general dis
trict rate or other rate out of which the expenses of the Improvement Commissioners are payable.
Guardian elected Parish or ward of a Clerk to the
under the Poor parish or united guardians, or Law Amendment parishes.
person perAct, 1834.
The poor rate of
the parish or united parishes.
Member of school School district or Returning officer The school fund. board.
division of the of school board.
A description or citation of a portion of an Act is inclusive of the word, section, or other part first and last mentioned, or otherwise referred to as forming the beginning or as forming the end of the portion comprised in the description or citation.
As to England.
33 & 34 Vict. c. 75. The Elementary Educa- Section thirty-three.
tion Act, 1870. 45 & 46 Vict. c. 50. The Municipal Corpora- | Section seventy-seven, from tions Act, 1882.
“corrupt practice” down to
or personation," and from "canvasser" down to 'candidate at a municipal elec
section four, from " and
end of the sub-section. Section ninety-four, sub
sections five, six, seven and
eight. So much of section ninety
eight, sub-section two, as relates to the principles of taxation.
Enactments defining Corrupt Practices.-Enactments defining the Offence of Bribery.
The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. c. 102, sections
2 and 3. 8. 2. The following persons shall be deemed guilty of bribery, and shall be punishable accordingly:
(1.) Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer, promise, or promise to procure or endeavour to procure, any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of such voter having voted or refrained from voting at any election.
(2.) Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure or endeavour to procure, any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of any voter having voted or 'refrained from voting at any election.
(3.) Every person who shall, directly or indirectly, by himself or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person, in order to induce such person to procure or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election.
(4.) Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure, or engage, promise, or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election.
(6.) Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with the intent that such money, or any part thereof, shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election : Provided always, that the aforesaid enactment shall not extend or be construed to extend to any money paid or agreed to be paid for on account of any legal expenses bona fide incurred at or con.
cerning any election. S. 3. The following persons shall also be deemed guilty of bribery, and shall be punishable accordingly ;
Every voter who shall, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote, or from refraining or agreeing to refrain from voting at any election,
(3.) Every person who shall, after any election, directly or indirectly, by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election.
The Representation of the people Act, 1867, 30 & 31 Vict. c. 102. s. 49. S. 49. Any person, either directly or indirectly, corruptly paying any rate on behalf of any ratepayer for the purpose of enabling him to be registered as a voter, thereby to influence his vote at the future election, and any candidate or other person, either directly or indirectly, paying any rate on behalf of any voter for the purpose of inducing him to vote or refrain from voting, shall be guilty of bribery, and be punishable accordingly; and any person on whose behalf and with whose privity any such payment as in this section is mentioned is made, shall also be guilty of bribery, and punishable accordingly.
Enactment defining the Offence of Personation.
The Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24. 8. 24. A person shall, for all purposes of the laws relating to parliamentary and municipal elections, be deemed to be guilty of the offence of personation who, at an election for a county or borough, or at a municipal election, applies for á ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person, or who, having voted once at any such election, applies at the same election for a ballot paper in his own name.
Enactments defining the Offences of Treating and Undue Influence.
The Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict.
c. 51, ss. 1 and 2. S. 1. Any person who corruptly by himself or by any other person, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing any meat, drink, entertainment, or provision to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at the election, or on account of such person or any other person having voted or refrained from voting, or being about to vote or refrain from voting at such election, shall be guilty of treating.
And every elector who corruptly accepts or takes any such meat, drink, entertainment, or provision, shall also be guilty of treating.
S. 2. Every person who shall directly or indirectly, by himself or by any other person on his behalf, make use of or threaten to make use of any force, violence, or restraint, or inflict or threaten to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who shall by abduction, duress, or any fraudulent device or contrivance impede or prevent the free exercise of the franchise of any elector, or shall thereby compel, induce, or prevail upon any elector either to give or to refrain from giving his vote at any election, shall be guilty of undue influence.
Enactment defining the Offences of Bribery, Treating, Undue Influence, and
Personation. The Municipal Corporations Act, 1882, 45 & 46 Vict. c. 50, s. 77. S. 77. “Bribery,” “treating,” “ undue influence,” and “personation” include respectively anything done before, at, after, or with respect to a municipal election, which, if done before, at, after, or with respect to a parliamentary election, would make the person doing the same liable to any penalty, punishment, or disqualification for bribery, treating, undue influence, or personation, as the case may be, under any Act for the time being in force with respect to parliamentary elections.
Enactments relating to Disqualification of Electors.
The Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict. c. 51,
sections 37 and 38.
S. 37. Every person who, in consequence of conviction or of the report of any election court or election commissioners under this Act, or under the Corrupt Practices (Municipal Elections) Act, 1872, or under Part IV. of the Municipal Corporations Act, 1882, or under any other act for the time being in force relating to corrupt practices at an election for any public office, has become incapable of voting at any election, whether a parliamentary election or an election to any public office, is prohibited from voting at any such election, and his vote shall be void,
8. 38. (1.) Before a person, not being a party to an election petition nor a candidate on behalf of whom the seat claimed by an election petition, is