stable shall thereupon give a certificate under (2.) The presiding officer at any polling booth or (3.) No such constable shall, under this section, be entitled to vote at any election at which he would not, but for this section, be entitled to vote, nor more than once in any election, and if he so votes, or attempts to vote, he shall be subject to all the penalties imposed by law on a person personating or attempting to personate a voter at such election; (4.) In this section,— (b.) (a.) "Constable" includes any person be- (c.) "Register of voters" has the same mean ing as in the Ballot Act, 1872. 35 & 36 Vict. c. 33. Saving as 5. Provided always that this Act shall not operate to extend the benefit of the eighth section of the Corrupt to section 8 Practices Prevention Act, 1854, to any person becoming Vict. c. 102. entitled to vote by virtue of this Act. of 17 & 18 6. This Act may be cited as the Police Disabilities Short title. Removal Act, 1887. Short title. Annual appointment of sheriff and duration of office. Declara tion of office. Holding of p. 85. 50 & 51 Vict. c. 55. SHERIFFS ACT, 1887. An Act to consolidate the Law relating to the Office of Sheriff in England, and to repeal certain Enactments relating to Sheriffs which have ceased to be in force or have become unnecessary. BE it enacted, &c. Preliminary. 1. This Act may be cited as the Sheriffs Act, 1887. 2. This Act shall not extend to Scotland or Ireland. Appointment and Qualification. 3. (1.) A sheriff shall be annually appointed for every county. (2.) Save as provided by this Act, a sheriff shall not hold office for more than one year, and a grant after the passing of this Act of the office for more than one year shall be void. (3.) The office of sheriff or of any officer of a sheriff shall not become void by reason of the demise of the Crown, or in Cornwall of the Duchy of Cornwall, but the person holding the office shall, unless sooner removed or superseded, continue in office for the remainder of his term, in like manner as if such demise had not taken place. 7.—(2.) Every sheriff shall continue to be and act as sheriff until his successor has made the said declaration and entered upon office. 18.-(1.) A sheriff shall not be bound to hold a county court except where the holding of such court is required for the purpose of an election or of the due execution of some writ, or for any other specific purpose, in which case he shall hold a court at the time fixed for such purpose by law or by such writ, or if no time is so fixed, as soon as is reasonably practicable after he is informed of the necessity for holding such court, or receives such writ, and where more than one court is required to be held for any such purpose, he shall hold courts at intervals not exceeding one month from each other. (2.) A sheriff's county court shall be held at the place heretofore appointed or authorized by law, or at such other place as the sheriff may from time to time fix with the consent of the authority having for the time being power to divide the county into polling districts for the purpose of parliamentary elections. Under-Sheriff and Officers. and de 23.-(1.) Every sheriff shall within one month after Obligation to appoint the notification of his appointment in the London underGazette by writing under his hand appoint some fit sheriff, person to be his under-sheriff, and shall transmit a claration duplicate of such written appointment to the clerk of of office the peace for the county, which shall be filed by him sheriff. among the records of his office. by under London. 24. Every sheriff shall appoint a sufficient deputy, Obligation to appoint who shall be resident or have an office within one mile deputy from the Inner Temple Hall, for the receipt of writs, resident in the granting of warrants thereon, the making of returns thereto, and the acceptance of all rules and orders to be made on or touching the execution of any process or writ to be directed to such sheriff. of office death or of sheriff. Ante, p. 66. 25.-(1.) Where the sheriff of a county dies before Execution the expiration of his year of office or before he is law- by underfully superseded, the under-sheriff by him appointed sheriff on shall nevertheless continue in office and shall until suspension another sheriff be appointed for the said county and has made the declaration of office, execute the office of sheriff, in the name of the deceased sheriff, and be answerable for the execution of the said office as the deceased sheriff would by law have been if living; and the security given to the sheriff so deceased by the said under-sheriff and his pledges shall remain and be a security to the Crown and to all persons whomsoever for such under-sheriff's due execution of the offices of sheriff and under-sheriff. R. EE Application of Act of cities (2.) When it becomes the duty of an under-sheriff to act as sheriff under the provisions of this section he may by writing under his hand appoint a deputy. 36.-(1.) The sheriff of a county of a city or a county to sheriffs of a town other than London shall continue to be apof counties pointed in manner provided by the Municipal Corporaand coun- tions Act, 1882, and shall hold office for the term in that Act mentioned, and in the event of the death or incapacity of a sheriff so appointed, the council of the said city or town shall forthwith appoint another fit person to execute the office. ties of towns. 45 & 46 Vict. c. 50. Disquali fication of p. 29. 53 & 54 Vict. c. 71. BANKRUPTCY ACT, 1890. An Act to amend the Law of Bankruptcy. 9. No disqualification arising by virtue of section bankrupt. thirty-two of the principal Act shall exceed a period of Ante, five years from the date of any discharge which may have been, or may hereafter be, granted under and by virtue of the principal Act, or of this Act. It is hereby declared that the disqualifications arising by virtue of the said section include disqualification for being elected to, or holding or executing the office of, a member of a county council. Regulation as to appeals. 57 & 58 Vict. c. 16. An Act to amend the Supreme Court of Judicature Acts. [3rd July, 1894.] 1.-(1.) No appeal shall lie- *** (b.) without the leave of the judge or of the Court of Appeal from any interlocutory order or interlocutory judgment made or given by a judge, except (4.) In matters of practice and procedure every appeal from a judge shall be to the Court of Appeal. APP. II. COR. & ILL. PRAC. PREV. ACT, 1895. 626A THE CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1895. [6th July, 1895.] 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: false statements con candidate 1. Any person who, or the directors (a) of any body Certain or association corporate (b) which, before or during any parliamentary election, shall, for the purpose (c) of cerning a affecting the return of any candidate at such election, to be an make or publish any false statement of fact (d) in illegal practice. relation to the personal character or conduct (e) of such 46 & 47 candidate shall be guilty of an illegal practice within Vict. c. 51. the meaning of the provisions of the Corrupt and Illegal Practices Prevention Act, 1883, and shall be subject to all the penalties for and consequences of committing an illegal practice in the said Act mentioned, and the said Act shall be taken to be amended as if the illegal practice defined by this Act had been contained therein. 2. No person shall be deemed to be guilty of such Evidence illegal practice if he can show that he had reasonable of charge (a) The word directors, hitherto known to the law in connection with limited liability companies, will doubtless be held to include all persons directing or having the management of any corporate body or association. (b) Whenever any illegal act is done by any body or association, whether corporate or unincorporate, the members who have taken part in the commission of the act are liable: see 46 & 47 Vict. c. 51, s. 64, ante, p. 571, and s. 5, infra. But, as regards this illegal practice, the directors of a body or association corporate are also made liable. It is difficult to see why this liability was not extended to unincorporate bodies or associations. (c) I.e., with the intention. (d) I.e., the statement as an existing fact of that which is untrue. The expression of a defamatory opinion is not within the section. (e) It may have been intended to exempt false statements concerning a candidate qua politician or official. But in these capacities his personal, as well as his political or official, character and conduct may be involved. If so the section applies, although in many cases it may be difficult to decide whether the false statement has reference to his personal character and conduct, or otherwise. on hearing |