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Aroidance of election for general corruption.
Paid agents and canvas
shall during the period for which he was elected to serve, or for which, if elected, he might have served, be disqualified for being elected to and for holding any corporate office in the borough, and if he was elected his election shall be roid. *
[The effect of section 5 of 35 & 36 Vict. c. 60 (1872) was preserved in this clause).
81. —A municipal election shall be wholly avoided by such general corruption, bribery, treating or intimidation at the election as would by the common law of Parliament avoid a parliamentary election.
[The effect of section 6 of 35 & 36 Vict. c. 60 (1872) was preserved in this clause).
82.-(1.) A burgiss of a borough shall not be retained or employed for payment or reward by or on behalf of a candidate at a municipal election for that borough or any ward thereof as a canrasser for the purposes of the election.
(1 hese words “or any ward thereof” settled the question whether a burgess on the register for one ward could be a paid canvasser for a candidate for the office of councillor in another ward. Maude v. Lowley (L.R., 9 C.P. 165)].
(2.) If any person is retained or employed in contrarention of this prohibition, that person and also the person by whom he is retained or employed shall be guilty of an offence against this Part, and shall be liable on summary conviction to a fine not exceeding ten pounds. [Both candidate and burgess alike guilty).
(3.) An agent or canvasser retained or employed for payment or reward for any of the purposes of a municipal election, shall not rote at the election, and if he votes he shall be guilty of an offence against this part, and shall be liable on summary conriction to a fine not exceeding ten pounds.
[The effect of section 7 of 36 & 36 Vict c. 60 (1872) was preserved in this clause. By the last subsection (3), If in addition to acting as agent or canvasser, burgess votes for candidate employing him, he was separately liable to additional fine. In parliamentary elections electors may be employed as paid canvassers, but if so employed they cannot vote. See also the 30 & 31 Vict. c. 102, s. 11 (1867), and 3 ; & 36 Vict. c. 33, s. 25 (1872)).
83.—If a candidate or an agent for a candidate pays or agrees to pay any money on account of the conveyance of a voter to or from the poll, he shall be guilty of an offence against this Part, and shall be liable on summary conviction to a fine not exceeding fire pounds.
[The effect of sertion 8 of 35 & 36 Vict. 60 (1872) was preserved in this clause. The 21 & 22 Vict. c. 87, s. 1 (1858), 30 & 31 Vict. c. 102, 8, 36 (1867), and 43 Viet. c. 18, s. 2 (1879), regulate the conveyance of voters at parliamentary elections).
Repealed by 47 & 48 Vict. c. 70 (1884). See Appendix.
Payment for conreyance of voters.
84.- (1.) The costs and expenses of a prosecutor and his witnesses Corrupt
Practices. in the prosecution of any person for bribery, undue influence, or personation at a municipal election, with compensation for trouble for corrupt
practices. and loss of time, shall, unless the court otherwise directs, be allowed, paid, and borne as in cases of felony.
(Section 113 of the Act of 1835 prescribed the manner in which costs and expenses are to be provided).
(2.) The clerk of the peace of the borough, or, if there is none, of the county in which the borough is situate, shall, if so directed by an election court, prosecute any person for bribery, undue influence, or personation at the election in respect of which the court acts, or sue or proceed against any person for penalties for bribery, treating, or undue influence, or any offence against this part at the election. *
[The effect of section 9 of 36 & 36 Vict. c. 60 (1872), was preserved in this clause).
85.-The votes of persons in respect of whom any corrupt Striking off practice is proved to have been committed at a municipal election shall be struck off on a scrutiny. [The effect of section 10 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause).
86.—The enactments for the time being in force for the Personation. detection of personation and for the apprehension of persons charged with personation † at a parliamentary election shall apply in the case of a municipal election.
[The effect of section 11 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause). Election Petitions.
Petitions. 87.-(1) A municipal election may be questioned by an Power to election petition on the ground
election by (a.) That the election was as to the borough or ward wholly peritiun.
avoided by general bribery, treating, undue influence,
or personation ; or (6.) That the election was avoided by corrupt practices or
offences against this part committed at the election; or (c.) That the person whose election is questioned was at the
time of the election disqualified; or [Disqualification may result from improper nomination, Houes v. Turner (1 C. P. D. 670), and also on the ground that another candidate was wrongly rejected. Budge v. Andrews (3 C. P. D., 510)].
Repealed by 47 & 48 Vict. c. 70 (1884). See Appendix. + See 35 & 36 Vict. c. 33. It has been held under section 9 of 22 Vict. c. 35 that at an election of town councillors the offence of “personation "is complete when a person not the voter hands in a nomination paper to the polling officer ; and it is immaterial that he does not persist, but answers "110" when questioned whether he is the voter. A conviction under the section that the defendant" induced J. F. to personate "a voter is good, without setting out the means of inducement.-Reg. v. Hague (33 L. J., M. C. 81).
Presentation of petition
(d.) That he was not duly elected by a majority of lawful
votes. (2.) A municipal election shall not be questioned on any of those grounds except by an election petition.
[The effect of section 12 of 35 & 36 Vict. 0. 60 (1872) is preserved in this clause. See Rule 7, Additional General Rules, January, 1875. See also Reg. v. Mayor of I elshpool (35 L, T. N. S. 594). Where the ground of a petition is that the mayor had improperly allowed objections to the nomination papers of certain candidates the petitioner is not obliged to make all those who are elected respondents. The court has power to take a petition off the file where it appears on the face of it no relief can be granted in pursuance of it. Line, fo. v. Warren, fe. (14 Q. B. D. 73, 548)].
88.-(1.) An electior. petition may be presented either by four or more persons who voted or had a right to vote at the election or by a person alleging himself to have been a candidate at the election.
(2.) Any person whose election is questioned by the petition, and any returning officer of whose conduct a petition complains, may be made a respondent to the petition.
[An unsuccessful candidate who does not claiin to be elected cannot be made a respondent against his will. Lovering v. Dawson I L R., 10 C.P., 711) The definition of a respondent is omitted in section 7 ante: See 35 & 36 Vict. c. 60, s. 13 for definition, which includes a person who claims to be elected, and acts as if he had been. Yates v. Leach (L, R., 9 C.P., 605)).
(3.) The petition shall be in the prescribed form * and shall be signed by the petitioners and shall be presented in the prescribed manner to the High Court in the Queen's Bench Division, and the prescribed officer shall send a copy thereof to the town clerk, who shall forthwith publish it in the borough.
(4.) It shall be presented within twenty-one days after the day on which the election was held, except that if it complains of the election on the ground of corrupt practices, and specifically alleges that a payment of money or other reward has been made or promised since the election by a person elected at the election, or on his account or with his privity, in pursuance or furtherance of such corrupt practices, it may be presented at any time within twenty-eight days after the date of the alleged payment or promise, whether or not any other petition against that person has been previously presented or tried.
[The effect of section 13 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause. An order made by a judge at chambers under the 6th of the General Rules made under the Corrupt Practices (Municipal Elections) Act, 1872, for
* As to the form and delivery of particulars, refer to Maude v. Lowley (No. 1), 43 L.J. Rep. (N.S.) C.P., 103. See also General Rules 2-6, 1872, in Appendix.
† See 1, 7-9 R. 4, and General Rules, 1875.
the delivery of particulars by the petitioners to the respondent, stating by whom, Election when, and where pt rsons alleged to have been bribed and treated had been so Petitions. bribed and treated, and by whom, when, and where canvassers had been employed and moneys paid for the conveyance of voters to the poll, the order was allowed by the court, with the addition of the words, “so far as known.” A petition against the election of a town councillor cannot, after the expiration of the twenty-one days limited by s. 13, subsection 2 for its presentation, be amended by the introduction of a substantially new charge. The petition as originally framed complained of the employment, contrary to the prolibition in s. 7 as to paid canvassers, at an election for the north ward of the borough, of persons who were on the register of burgesses for that ward. The petitioner after the expiration of the twenty-one days sought to amend the petition by adding" and other wards." Held that the court (or a judge) had no power to allow the proposed amendment. Leeds Borough, Maude petitioner, Lowley respondent (L. R., C. P., v. 9, p. 165).
The High Court will not amend an ele tion petition by striking out, after the lapse of time limited by the Act for presenting it, that part of the prayer of the petition which claims the seat for the petitioner (an unsuccessful candidate) and the allegations app:ying to a scrutiny which would be dependent thereon, inasmuch as this would affect the rights of the cor:stituency. Practice of election committees in this respect followed. Semble, it is competent for the High Court to amend an election petition at any time by striking out allegations therein, where it is satisfied that no injurious result, or a beneficial one, will follow; or by adding matters discovered after the filing of the petition. Aldridge v. Hurst (L. R., C. P. D., vol. 1., p. 410).
See Pickering v. Startin (28 L. T., N. S., 111) petition in a municipal election allowed to be amended after twenty-one days by adding two paragraphs alleging :- 1st. That the returning officer had neglected to insert in the counterfoils of 29 of the voting papers the number of the voters appearing on the burgess roll as directed by 35 & 36 Vict. c. 33, s. 2; and, 2nd, that certain “tendered” ballot papers were used as ballot papers and put into the ballut box, and afterwards used in favour of the respondent].
89.-(1.) At the time of presenting an election petition or Security for within three days afterwards, the petitioner shall give security for all costs, charges, and expenses which may become payable by him to any witness summoned on his behalf, or to any respondent.
(2.) The security shall be to such amount, not exceeding five hundred pounds, as the High Court, or a Judge thereof, on summons, directs, and shall be given in the prescribed manner, either by a deposit of money* or by recognisancet entered into by not more than four sureties, or partly in one way and partly in the other.
[In a parliamentary election, one surety for the whole amount was held to be sufficient.--Hereford Election Petition, T.S. 1880).
(3.) Within five days after the presentation of the petition the petitioner shall in the prescribed mannerf serve on the respondent a notice of the presentation of the petition, and of the nature of the proposed security, and a copy of the petition. See General Rules, 16, 17.
+ See General Rules, 18-20. See General Rules, 12, 13.
[It is a con lition precedent to the trial of a municipal election petition, that within five days after the presentation of it, the petitioner should, in the prescribed manner, serve on the respondent a notice of the presentation and of the nature of the proposed security, and a copy of the petition as required by 35 & 36 Vict. c. 90, s. 13, sub-s. 4.-Williams v. Mayor of Tenby (L.R., C.P.D., vol. 5, p. 135). If not servel, the petition will be taken off the file).
(4.) Within five days * after service of the notice the respondent may object in writing to any recognisance on the ground that any surety is insufficient or is dead, or cannot be found or ascertained for want of a sufficient description in the recognisance, or that a person named in the recognisance has not duly acknowledged the same.t
[After the service of this notice, an affidavit of the time and manner of service must be filed with the Master).
(5.) An objection to a recognisance shall be decided in the prescribed manner. 1
(6.) If the objection is allowed, the petitioner may, within a further prescribed time not exceeding five days, remove it by a deposit in the prescribed manner of such sum of money as will, in the opinion of the court or officer having cognisance of the matter, make the security sufficient.
(7.) If no security is given, as prescribed, or any objection is allowed and is not removed, as aforesaid, no further proceedings shall be had on the petition.§ [The effect of section 13 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause).
90.--On the expiration of the time limited for making objections, or, after objection made, on the objection being disallowed or removed, whichever last happens, the petition shall be at issue.
[The effect of section 13 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause. As to amendment of objections, &c., see Maude v. Lowley (No. 2)].
Petition at ksue.
M'inicipal election list.
91.-(1.) The prescribed otficer shall as soon as may be, make a list, in this Act referred to as the municipal election list, of all election petitions at issue, placing them in the order in which they were presented, and shall keep at his office a copy of this list, open to inspection in the prescribed manner.||
(2.) The petitions shall, as far as conveniently may be, be 1ried in the order in which they stand in the list.
• See General Rules, 21, 22.
See General Rules, 23, 24.
§ See General Rules, 26.