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PLACES IN WHICH THE COMMISSIONERS OF 1876 REPORT THAT A MUNICIPAL
CORPORATION HAS NOT EXISTED OR HAS BECOME VIRTUALLY EXTINCT.
Places mentioned in paragraph (15) of the Report of the Commissioners of 1876 as places which either have not been municipal or have long since ceased to be 80 : Bala Fowey.
Presteign. *Bangor. Grampound.
Tavistock. Criccieth. Machynlleth.
Weobley. Crickhowell. Midhurst.
Places mentioned in paragraph (16) of the Report of the Commissioners of 1876, as having had municipal corporations in 1835 : Bossinny. Llanelly.
Rhuddlan, Caerwys. Newtown (Isle of
Tregony. Castle Rising.
West Looe. Clun.
BOROUGH CONSTABLES ACT, 1883.
[46 & 47 Vict., Ch. 44.]
An Act to explain the effeot of Section One hundred and ninety-five of the Municipal Corporations Act, 1882.
[25th August, 1883.]
WHEREAS doubts have arisen as to the effect of section one hundred and ninetyfive of the Municipal Corporations Act, 1882, and it is expedient to remove such doubts :
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. This Act may be cited as the Borough Constables Act, 1883.
2. Nothing in section one hundred and ninety-five of the Municipal Corporations Act, 1882, shall be taken to have repealed section twenty of the Town Police Clauses Act, 1847, or section twelve of the Prevention of Crimes Act, 1871.
* This city has since received a charter placing it under the Act of 1882.
ELECTIONS (HOURS OF POLL) ACT, 1884.
[47 & 48 VICT., CA. 34.]
(Repealed and substantially re-enacted by 48 Vict. c. 10 (1885).)
MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL
PRACTICES) ACT, 1884.
[47 & 48 Viot. Ch. 70.]
ARRANGEMENT OF SECTIONS.
1. Short title.
Corrupt Practices. 2. Definition and punishment of corrupt practice at municipal election. 3. Incapacity of candidate reported guilty of corrupt practice.
Illegal Practices. 4. Certain expenditure to be illegal practice. 5. Expense in excess of maximum to be illegal practice. 6. Voting by prohibited persons and publishing of false statements of
withdrawal to be illegal. 7. Punishment on conviction of illegal practice. 8. Incapacity of candidate reported guilty of illegal practice.
Illegal Payment, Employment, and Hiring. 9. Providing of money for illegal practice or payment to be illegal
payment. 10. Employment of hackney carriagos, or of carriages and horses kept for
hire. 11. Corrupt withdrawal from a candidature. 12. Certain expenditure to be illegal payment. 13. Certain employment to be illegal. 14. Name and address of printer on placards. 15. Saving for creditors. 16. Use of certain premises for committee rooms or meetings to be illegal
hiring. 17. Punishment of illegal payment, employment, or hiring, 18. Avoidance of election for extensive illegal practices, &c.
E.ccuse and Exemption for Corrupt or Illegal Practice or Illegal Payment
Employment, or Hiring. 19. Report exonerating candidate in certain cases of corrupt and illegal
practice by agents. 20. Power of High Court and election court to except innocent act from
being illegal practice, &c. 21. Sending in claims and making payments for election expenses.
Disqualification of Electors. 22. Prohibition of persons guilty of offences from voting. 23. Application of ss. 37 & 38 of 46 & 47 Vict. c. 51. 24. List in burgess roll of persons incapacitated for voting by corrupt or
Proceedings on Election Petitions. 25 Petition for illegal practice. Time for presentation of petition alleging
illegal practices. 26. Withdrawal of election petition. 27. Continuation of trial of election petition. 28. Attendance of Director of public prosecutions on trial of election petition,
and prosecution by him of offenders. 29. Power to election court to order payment by borough or individual of
costs of election petition.
Miscellaneous. 30. General provisions as to proseoution of offences under this Act. 31. Person incapacitated by conviction or report to vacate seat or office. 32. Payment and recovery of costs. 33. Service of notices. 34. Definitions. 35. Application to city of London of Act and of Part IV. of 45 & 46 Viot.
Application of Act to other Elections. 36. Application of this Act and Part IV. of 45 & 46 Vict. c. 50, to other
elections. 37. Exemptions from provisions as to maximum expenses.
38. Repeal of Acts.
Extent of Act. 40. Act not to extend to Scotland or Ireland. 41. Duration of Act.
[14th August, 1884.) 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; (that is to say)
1. This Act may be cited as the Municipal Elections (Corrupt and Ilegal Practices) Act, 1884.
Corrupt Practices. 2. (1.) The expression “corrupt practice” in this Act means any of the following offences, namely, treating, undue influence, bribery, and personation, as defined by the enactments set forth in Part one of the Third Schedule to this Act, and aiding, abetting, counselling, and procuring the commission of the offence of personation.
(2.) A person who commits any corrupt practice in reference to a municipal election shall be guilty of the like offence, and shall on conviction be liable to the like punishment, and subject to the like incapacities, as if the corrupt practice had been committed in reference to a parliamentary election,
3. (1.) Where upon the trial of an election petition respecting a municipal election for a borough or ward of a borough it is found by the report of an election court made in pursuance of section ninety-three of the Municipal Corporations Act, 1882, that any corrupt practice, other than treating and undue influence, has been proved to have been committed in reference to such election by or with the knowledge and consent of any candidate at such election, or that the offence of treating or undue influence has been proved to have been committed in reference to such election by any candidate at such election, that candidate shall not be capable of ever holding a corporate office in the said borough, and if he has been elected his election shall be void ; and he shall further be subject to the same incapacities as if at the date of the said report he had been convicted of a corrupt practice.
(2.) Upon the trial of an election petition respecting a municipal election for a borough or ward of a borough in which a charge is made of any corrupt practice having been committed in reference to such election, the election court shall report in writing to the High Court whether any of the candidates at such election has been guilty by his
agents of a corrupt practice in reference to such election, and if the report is that any candidate at such election has been guilty by his agents of a corrupt practice in reference to such election, that candidate shall not be capable of being elected to or holding any corporate office in the said borough during a period of three years from the date of the report, and if he has been elected, his election shall be void.
Illegal Practices. 4. (1.) No payment or contract for payment shall, for the purpose of promoting or proonring the election of a candidate at a municipal election, be made
(a) on account of the conveyance of electors to or from the poll whether for the hiring of horses or carriages, or for railway fares, or otherwise ; or
(b) to an elector on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibition of any address, bill, or notice; or
(c) on account of any committee room in excess of the number allowed by this Act (that is to say), if the election is for a borough one committee room for the borough, and if the election is for a ward one committee room for the ward, and if the number of electors in such borough or ward exceeds two thousand, one additional committee room every two thousand electors and incomplete part of two thousand electors, over and above the
said two thousand. (2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after a municipal election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention to this Act, shall also be guilty of an illegal practice.
(3.) Provided that where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with, such elector if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section.
5. (1.) Subject to such exception as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by or on behalf of a candidate at an election, whether before, during, or after an election, on account of or in respect of the conduct or management of such eleotion, save that in the case of an election of a councillor a sm may be paid and expense incurred not in excess of the maximum amount following ; (that is to say,)
The sum of twenty-five pounds, and, if the number of electors in the borough or ward exceeds five hundred, an additional amcunt of threepence
for each elector above the first five hundred electors. (2.) Any candidate or agent of a candidate or person who knowingly acts in contravention of this section shall be guilty of an illegal practice.
(3.) Where there are two or more joint candidates at an election the maximum amount of expenses shall, for each of such joint candidates, be reduced by one fourth, or if there are more than two joint candidates by one third.
(4.) Where two or more candidates at the election, by themselves or any agent or agents, hire or use the same committee rooms for such election, or employ or use the services of the same clerks, messengers, or polling agent at such election, or publish a joint address or joint circular or notice at such election, those candidates shall be deemed for the purposes of this enactment to be joint candidates at such election : Provided that
(a.) The employment and use of the same committee room, clerk, messenger, or polling agent, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates :
(6.) Nothing in this enactment shall prevent candidates from ceasing to bo joint candidates :
(c.) Where any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after having begun to conduct his election as a separate candidate, and such ceasing or Leginning was in good faith, and such excess is not more than under the circumstances is reasonable, and the total expenses of such candidate do not exceed the maximum amount allowed for a separate candidate, such excess chall be deemed to have arisen from a reasonable cause within the meaning of the enactments respecting the allowance by the High Court or election court of an exception from the provisions of this Act which would otherwise make an act an illegal practice, and the candidate may be relieved accordingly from the consequences of having incurred such excess of
expenses. 6. (1.) If any person votes or induces or procures any person to vote at a municipal election, knowing that he or such person is prohibited, whether by this or any other Act, from voting at such election, he shall be guilty of an illegal practice.
(2.) Any person who before or during a municipal election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice.
(3.) Provided that a candidate shall not be liable, nor shall his election be avoided, for any illegal practice under this section committed without his knowledge and consent.
7. A person guilty of an illegal practice in reference to a municipal election shall on summary conviction be liable to a fine not exceeding one hundred