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reported by an election court
to have been guilty, at an election, of any corrupt or illegal practice, the court
shall cause notice to be given to such person, and if he appears in pursuance of the notice, shall give him an opportunity of being heard by himself and of calling evidence in his defence to show why he should not be so reported.
(5.) Every person who, after the commencement of this Act, is reported by any election court
to have been guilty of any corrupt or illegal practice at an election, shall, whether he obtained a certificate of indemnity or not, be subject to the same incapacity as he would be subject to if he had at the date of such election been convicted of the offence of which he is reported to have been guilty. (6.) Where a person who is a justice of the peace is reported by any election
to have been guilty of any corrupt practice in reference to an election, whether he has obtained a certificate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to report the case to the Lord High Chancellor of Great Britain, with such evidence as may have been given of such corrupt practice, and where any such person acts as a justice of the peace by virtue of his being or having been mayor of a borough, the Lord High Chancellor shall have the same power to remove such person from being a justice of the peace as if he was in a commission of the peace.
(7.) Where a person who is a barrister or a solicitor, or who belongs to any profession the admission to which is regulated by law, is reported by any election court
to have been guilty of any corrupt practice in reference to an election, whether such person has obtained a certificate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to bring the matter before the Inn of Court, High Court, or tribunal having power to take cognizance of any misconduct of such person in his profession, and such Inn of Court, High Court, or tribunal may deal with such person in like manner as if such corrupt practice were misconduct by such person in his profession.
(8.) With respect to a person holding a license or certificate under the Licensing Acts (in this section referred to as a licensed person) the following provisions shall have effect :
(a.) If it appears to the court by which any licensed person is convicted of the offence of bribery or treating that such offence was committed on his licensed premises, the court shall direct such conviction to be entered in the proper register of licenses : (6.) If it appears to an election court
that a licensed person has knowingly suffered any bribery or treating in reference to any election to take place upon his licensed premises, such court
(subject to the provisions of this Act as to a person having an opportunity of being heard by himself and producing evidence before being reported) shall report the same; and, whether such person obtained a certificate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to bring such report before the licensing justices from whom or on whose certificate the licensed person obtained his license, and such licensing justices shall cause such report to be entered in the proper register of licenses :
(c.) Where an entry is made in the register of licenses of any such conviction of or report respecting any licensed person as above in this section mentioned, it shall be taken into consideration by the licensing justices in determining whether they will or will not grant to such person the renewal of his license or certificate, and may be a ground, if the justices think fit, for refusing such renewal.
Form of Declaration by Candidate as to Expenses.
having been a candidate at the election of councillor for the borough (or ward) of
on the day
[and my agents do hereby solemnly and sincerely declare that I have paid
] for my expenses at the said election, and that, except as aforsaid, I have not, and to the best of my knowledge and belief, no person, nor any club, society, or association, has on my behalf, made any payment, or given, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election.
And I further solemnly and sincerely declare that, except as aforesaid, no money, security, or equivalent for money, has to my knowledge or belief been paid, advanced, given, or deposited by anyone to or in the hands of myself, or any other person, for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or management of the said election.
And I further solemnly and sincerely declare that I will not at any future time make or be a party to the making or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be a party to the providing of any money, security, or equivalent for money for the purpose of defraying any such expenses. Signature of declarant
C.D. Signed and declared by the above named declarant on the
day of before me. (Signed)
MUNICIPAL VOTERS RELIEF ACT, 1885.
[48 Vict., Ch. 9.]
An Act to relieve Municipal Voters from being disqualified in consequence of letting their Dwelling-houses for short periods.
[28th April, 1885.]
WHEREAS by the House Occupiers Disqualification Removal Act, 1878, provision was made that a man should be entitled to be registered as an inhabitant occupier of a dwelling-house under the third section of the Representation of the People Act, 1867, notwithstanding that during a part of the qualifying period not exceeding four months in the whole, he should by letting, or otherwise, have permitted the qualifying premises to be occupied as a furnished house by some other person:
And whereas similar provision was mude as regards Scotland by the House Occupiers Disqualification Removal (Scotland) Act, 1878 :
And whereas it is expedient to extend the said Acts to voters at municipal elections :
Be it therefore 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 may be cited as the Municipal Voters Relief Act, 1885.
2. From and after the passing of this Act a man shall not be disqualified from being enrolled or voting as a burgess at any municipal election in a borough, in respect of the occupation of any house, by reason only that during a part of the qualifying period, not exceeding four months in the whole, he has, by letting or otherwise, permitted such house to be occupied as a furnished dwelling-house by some other person, and during such occupation by another person has not resided in or within seven miles of the borough. 3In this Act
The expression “burgess" has, in England, the same meaning as in the Municipal Corporations Act, 1882, and in Scotland and Ireland means a person entitled to vote at a municipal election in Scotland and Ireland respectively,
The expression “municipal election” has, in England, the same meaning as in the Municipal Corporation Act, 1882, and in Scotland and Ireland, has the same meaning as that expression is defined to have with
reference to Scotland and Ireland respectively by the Ballot Act, 1872. 4. Whereas in the municipal borough of Dublin the qualifying period of occupation is a period of two years and eight months, ending the last day of August, and it is expedient that such qualifying period should be reduced : Be it enacted, that from and after the passing of this Act the qualifying period of occupation in the said municipal borough shall be a period of twelve months preceding the first day of Soptember, instead of such period of two years and eight months.
ELECTIONS (HOURS OF POLL) ACT, 1885.
[48 Vict., Ca. 10.]
An Act to extend the Hours of Polling at Parliamentary and Municipal Elections.
[28th April, 1885.)
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. At every parliamentary and every municipal election within the meaning of this Act, the poll (if any) shall commence at eight o'clock in the forenoon, and be kept open till eight o'clock in the afternoon of the same day and no longer. 2, In this Act,
The expression “parliamentary election” means an election for a county, city, borough, place, or combination of counties, cities, boroughs, and places (not being any university or universities), which returns any knight of the shire or member to serve in Parliament, and where the same is divided for the purpose of such return includes an election for such division : The expression “municipal election"
an election of a councillor, commissioner of police, or auditor, or (in Ireland) an alderman or any commissioner, in any municipal borough or in any ward thereof : The expression “ municipal borough” means,
As regards England, a borough subject to the Municipal Corporations Act, 1882; and
As regards Scotland, a burgh or town which has a town council or police commissioners; and
As regards Ireland, a borough subject to the Act of the session of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, intituled “An Act for the Regulation of Municipal “Corporations in freland,” and the Acts amending the same, and includes a place subject to the Act of the ninth year of the reign of King George the Fourth, chapter eighty-two, or to the Towns Improvement (Ireland) Act, 1854, or to any local Act providing for the election of commissioners in any town or place
for purposes similar to the purposes of the above-mentioned Acts. 3. Upon this Act coming into operation the Parliamentary Elections (Metropolis) Act, 1878, and the Elections (Hours of Poll) Act, 1884, shall be repealed, without prejudice to anything previously done in pursuance thereof.
4, This Act may be cited as the Elections (Hours of Poll) Act, 1885.
5. This Act shall come into operation at the end of this present Parliament.
HONORARY FREEDOM OF BOROUGHS ACT, 1885.
[48 & 49 Vict., Ch. 29.] ]
An Act to enable Municipal Corporations to confer the Honorary Freedom of Boroughs upon persons of distinction.
(22nd July, 1885.)
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, viz. :
1, Notwithstanding anything in the Municipal Corporations Act, 1882, or any other statute, to the contrary, the council of every borough may from time to time, by the authority of not less than two-thirds of their number present and voting at a meeting of the council specially called for the purpose with notice of the object, admit to be honorary freemen of the borough persons of distinction and any persons who have rendered eminent services to the borough, provided that the admission of such persons to be freemen shall not confer the right of voting for any such borough in parliamentary or other elections, or of sharing in the benefit of any hereditaments, common lands, or public stock of such borough or the council thereof, or of any property held in whole or in part for any charitable use or trust.
2. In this Act “borough” and “municipal corporation” shall respectively have the same meaning as in the Municipal Corporations Act, 1882.
3. This Act may be cited for all purposes as the Honorary Freedom of Boroughs Act, 1885.
SCHOOL BOARDS ACT, 1885.
[48 & 49 VICT., Ch. 38.]
An Act to amend the Law relating to School Boards so far as affected by the
incorporation of a Municipal Borough and as respects the divisions of the Metropolis.
[31st July 1885.]
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. Whereas by sub-section one of section two hundred and thirteen of the Municipal Corporations Act, 1882, it is enacted as follows:
“Where a petition for a charter is referred to the Committee of council, " and it is proposed by the charter to extend the Municipal Corporation Acts “ to the municipal borough to be created by the charter, the Committee of “ Council may settle a scheme for the adjustment of the powers, rights, “privileges, franchises, duties, property, and liabilities of any then existing “ local authority whose district comprises the whole or part of the area of “that borough, either with or without any adjoining or other place, and also “ of any officer of that authority :
And whereas sub-section six of the same section two hundred and thirteen provides that a local authority for the purposes of the above enactment shall mean the authorities therein mentioned, “and any other authority not in this "section excepted and not being a school board, and having powers of local
gorernment and of rating for public purposes :
And whereas difficulties have arisen respecting the effect of the creation by a charter of a municipal borough, where the whole or part of the area of such borough is comprised in the district of a school board, and it is expedient to authorise the removal of such difficulties by a scheme under the said act:
Be it therefore enacted as follows:
(1.) The words “and not being a school board' in sub-section six of section two hundred and thirteen of the Municipal Corporations Act are hereby repealed; A scheme under that section if affecting a school board
(a) shall before being settled by the Committee of Council be referred to the consideration of the Education Department; and
(6) shall not place the new borough under more than one school board ; and
(e) may provide for the continuance of any bye-laws in force at the date of the scheme. (2.) Where within seven years before the passing of this Act a charter has extended the Municipal Corporations Act, 1882, or the Acts whereby consolidated to the municipal borough created by the charter, any scheme relating to a school board which might have been made under the said Acts if this Act had passed at the date of the said charter may be made after the passing of this Act, and Part Eleven of the Municipal Corporations Act, 1882, shall apply accordingly : Provided that
(a) such scheme may be made on the petition either of the council of the said borough or of the persons who composed the school board, or any of them; and
(b) the council of the borough may petition against such scheine in accordance with sub-section four of section two hundred and thirteen of the Municipal Corporations Act, 1882; and