15 rt 5 such Money has been so paid, be deemed to be vacated, and shall not Costs. Bank, the CXXXVI. In every Case in which any Money is paid into the Bank Where of England to the Account of the Speaker and the Examiner of Election been paid Money has Petitions, as herein-before provided, a Bank Receipt or Certificate of into the the Amount so paid in shall be delivered to the Examiner by the Examiner Person paying in the same, and such Money shall, in the first place, and of Recog10 in such Order of Payment as the Examiner in his Discretion, but with nizances to the Approbation of the Speaker, thinks fit, be applied in satisfaction of ment of Exall the Costs for securing Payment of which such Investment was penses, and made, or so much thereof as can be thereby satisfied, and thereafter Residue to the Residue (if any) shall be paid to or transferred to the Account the Account 15 of the Party by whom or on whose Account the same was paid in. order Pay transfer the of the Party. tions, &c. Persons re ble of being Members of to be entered in Book of Parliament lifications. CXXXVII. If any Election Committee shall report to the Effect Disqualificathat any Person who has been returned as a Member to serve in Parliament, or who being a Candidate at the Election to which any ported guilty Petition referred to such Committee relates has appeared before such of Bribery, 20 Committee as a Party, has by himself, or his Agents been guilty of &c. incapaBribery, Treating, or undue Influence, or of making or consenting to elected or the making of any illegal Payment at such Election, such Person sitting as shall, in case such Committee shall report that such Bribery, Treating, Parliament undue Influence, or illegal Payment, or Consent was committed, or for certain Periods, and 25 made, or given by himself, or with his Knowledge or Consent, or by their Names his Authority, be incapable of being elected or sitting or voting as a Member of the House of Commons in the same Manner and for the same Period as if he had been convicted of or adjudged liable to ary Disquapay the Penalty for the same Offence in a Court of Law; and in case such Committee shall report to the Effect that such Offence was committed without the Knowledge or Consent or Authority of such Person, or that such Person has by himself or his Agents contracted or incurred any illegal Debt or Liability, such Person shall, during the Continuance of the Parliament then in being, be incapable of being elected or sitting or voting as the Member to serve in Parliament for the same Place for which such Election was held; and as often as any Election Committee shall so report concerning any Person the Speaker shall cause the Name of such Person to be entered in the Book of Parliamentary and Election Disqualifications provided to be kept by an Act passed in the present Session of Parliament, intituled "An Act "to consolidate and amend the Law relating to Bribery, Treating, "and undue Influence at Elections of Members to serve in Parliament," together with the Date of such Report, and the Nature of the Offence of which such Person shall have been guilty. 30 35 40 Disqualifications, &c. Where Committee re of Report to Attorney General, who shall prosecute Offender. CXXXVIII. Whenever upon the Trial of any Election Petition an Election Committee shall report to the House to the Effect that any Person being the Member returned or a Candidate at the Election to ports Mem- which such Petition refers, or being an Agent of such Member or ber or Agent Candidate, has been guilty of the Offence of Bribery, Treating, or 5 guilty of Bribery, &c., undue Influence at such Election, the Speaker shall upon such a Speaker to send Copy Report being received transmit a Copy thereof, signed by himself, to Her Majesty's Attorney General for England, if such Election shall have been held in England, or to the Lord Advocate for Scotland, if such Election shall have been held in Scotland, or to Her Majesty's 10 Attorney General for Ireland, if such Election shall have been held in Ireland; and the said Attorney General for England, or Lord Advocate, or Attorney General for Ireland shall, in all Cases in which he shall so receive a Copy of such a Report, unless he shall be of opinion that there is some good and sufficient Reason to the contrary, in such Manner 15 as he shall deem expedient, prosecute and bring to Trial such Offender for his said Offence, or sue for the Penalties incurred by such Offender, as the Case may be: Provided always, that where such Election Committee shall report to the Effect that such Offender (not being a Party to or opposing such Election Petition,) has been called and examined 20 as a Witness before such Committee, and has made a true Disclosure touching all Things to which he has been examined, this shall be deemed a sufficient Reason for refraining from prosecuting or suing such Offender as aforesaid. Commissions. 15 & 16 Vict. c. 57; where Committee reports that corrupt Practices extensively prevailed at an Election, Speaker to send Copy of Report to CXXXIX. Whenever upon the Trial of an Election Petition an 25 Election Committee shall report to the House to the Effect that Bribery, Treating, or undue Influence, or any of such corrupt Practices, extensively prevailed at the Election to which such Petition refers, the Speaker shall, unless the House shall otherwise determine, transmit a Copy of such Report signed by himself to One of Her Majesty's 30 Principal Secretaries of State, who shall thereupon lay the same before Her Majesty, and it shall be lawful for Her Majesty, on such Copy of a Report being laid before Her, by Warrant under Her Royal Secretary of Sign Manual to appoint Two or more Persons qualified as herein-after State, to be mentioned to be Commissioners for the Purpose of making Inquiry 35 into the Existence of such corrupt Practices, and in case any of the and She may Commissioners so appointed shall die, resign, or become incapable to appoint Two act it shall be lawful for the surviving or continuing Commissioner or Commissioners to act in such Inquiry as if he or they had been solely appointed to be a Commissioner or Commissioners for the 40 Purpose of such Inquiry, and (as to such sole Commissioner) as if this Act had authorized the Appointment of a sole Commissioner, and all the Provisions of this Act concerning the Commissioners appointed to make any such Inquiry shall be taken to apply to such surviving or continuing Commissioner or Commissioners. laid before the Queen, thereupon Commis sioners to inquire into such Prac tices. CXL. When 45 missioners. CXL. When the Inquiry to be made relates to a Place in England Commissions. or Wales any Barrister who shall have been appointed to revise the QualificaLists of Voters for the Year in which the Election at which such tions of Comcorrupt Practices prevailed took place, or for the preceding Year for 5 any County, Riding, Parts, or Divisions of a County, City, Borough, or Place in England or Wales, shall be qualified to be a Commissioner for the Purpose of making such Inquiry, and when such Inquiry relates to a Place in Ireland any Assistant Barrister of any County or Riding in Ireland shall be qualified to be a Commissioner for the 10 Purpose of making such Inquiry, and if such Inquiry relates to a Place in Scotland any Advocate, of not less than Seven Years standing, shall be qualified to be a Commissioner for the Purpose of making such Inquiry: Provided always, that no Person being a Member of Parliament or holding any Office or Place of Profit under the Crown 15 other than that of Revising or Assistant Barrister or Recorder of any City or Borough shall be qualified to be appointed a Commissioner under this Act. sioners to CXLI. Every Commissioner appointed in pursuance of this Act Commisshall, before beginning to act in the Execution of this Act, take the be sworn. 20 following Oath; (that is to say,) 6 I A.B. do swear, That I will truly and faithfully execute the 25 And every such Commissioner appointed in England or Ireland shall and Clerks CXLII. It shall be lawful for any Commissioners appointed under Secretary this Act to appoint, and at their Pleasure to dismiss, a Secretary, and to be apso many Clerks, Messengers, and Officers as shall be thought necessary pointed. by One of Her Majesty's Principal Secretaries of State, for the 35 Purpose of conducting the Inquiry to be made by them, and to pay to such Secretary, Clerks, Messengers, and Officers such Salaries and Allowances as shall be thought reasonable by the Commissioners of Her Majesty's Treasury. CXLIII. The Commissioners appointed under this Act to make Place of Meeting. 40 Inquiry as aforesaid in relation to any County, Division of a County, City, Borough, District of Borough, University, or Place shall, upon Commissions. their Appointment, or within a reasonable Time afterwards, go to such County, Division of a County, City, Borough, District, University, or Place, and shall from Time to Time hold Meetings for the Purposes of such Inquiry at some convenient Place within the same, or within Ten Miles thereof, and shall have Power to adjourn such 5 Meetings from Time to Time, and from any One Place to any other Place within such County, Division of a County, City, Borough, District, University, or Place, or within Ten Miles thereof, as to them may seem expedient; and such Commissioners shall give Notice of their Appointment, and of the Time and Place of holding their First 10 Meeting, by publishing the same in some Newspaper in general Circulation in such County, Division of a County, City, Borough, District, University, or Place, or the Neighbourhood thereof: Provided always, that such Commissioners shall not adjourn the Inquiry for any Period exceeding One Week, without the Consent and Approbation of One of 15 Her Majesty's Principal Secretaries of State. Commis sioners may ings in CXLIV. Provided also, That it shall be lawful for the said Comhold Meet- missioners, with such Consent and Approbation as aforesaid, to hold Meetings of the said Commissioners in the Cities of London or Westminster, and to adjourn the same from Time to Time, as they 20 may deem fit. London and Inquiry by CXLV. Such Commissioners shall, by all such lawful Means as to them appear best with a view to the Discovery of the Truth, inquire into the Manner in which the Election in relation to which such Election Committee as aforesaid may have reported to the House of 25 Commons, and in which all previous Elections, as far back as they shall think fit to go, have been conducted, and whether any corrupt Practices have been committed at such Election or Elections, and, if so, whether by way of the Offer, Promise, Gift, Loan, or the Promise of the Gift or Loan, or Procurement of any Money valuable Con- 30 sideration, Gift, Reward, Office, Place, or Employment, to or for any Voter or Voters, or to or for any Person on his or their Behalf, or to or for any other Person for the Promise or the giving of his or their Vote or Votes, or for his or their refraining or promising to refrain from voting at such Election, or for his or their procuring or undertaking 35 to procure the Vote or Votes of any other Voter or Voters at such Election, or whether by advancing or paying any Money with the Intent or on the Understanding that the same should be expended in Bribery, or by paying any Money in Discharge or Repayınent of Money expended in Bribery, or whether by the Payment of any 40 Sum of Money or Loan, or valuable Consideration, Gift, or Reward whatsoever, or the providing any Meat, Drink, or Entertainment to or for any Voter, or to or for any other Person on his Behalf, before before, during, or after such Election, in compliance with any Custom or Usage or otherwise; or whether by way of the Use or threatening the Use of Force, Violence, or Restraint, or the Infliction or threatened Infliction of any Injury, Harm, or Loss, or other Intimi5 dation, upon or against any Person on account of his having voted or refrained from voting, or in order to induce or compel such Person to vote or refrain from voting at such Election, or whether any Sum of Money or other valuable Consideration whatsoever has been paid or given to any Voter, or any Person on his Behalf, after the Deter10 mination of such Election, as a Reward for giving or having refrained from giving his Vote at such Election, or whether any illegal Payments have been made at such Election; and such Commissioners shall from Time to Time report to Her Majesty the Evidence taken before them, and what they find concerning the Premises, and espe15 cially such Commissioners shall report with respect to each Election the Names of all Persons whom they find to have been guilty of corrupt Practices at such Election, and as well of those have who given Bribes for the Purchase or for the Purpose of purchasing the Votes of others and if those who have knowingly advanced or had Money for such 20 purpose as of those who have themselves received Money or any other valuable Consideration for having given or refrained from giving their Votes at such Election, or for the Purpose of inducing them to give or refrain from giving their Votes at such Election; and also the Names of all Persons whom they find to have given to others or to have 25 received themselves Payments by way of Head Money or otherwise, as a Reward for giving or refraining from giving their Votes at such Election; and also the Names of all Persons whom they find to have been guilty of treating, or to have made use of or practised any undue Influence at such Election; and all other Things whereby, in the 30 Opinion of the said Commissioners, the Truth may be better known touching the Premises. A Commissions. Parliament. CXLVI. Every Report which such Commissioners make to Her Reports to Majesty in pursuance of this Act shall be laid before Parliament be laid before within One Calendar Month next after such Report is made, if Parlia35 ment be then sitting, or if Parliament be not then sitting, then within One Calendar Month next after the then next Meeting of Parliament. Persons and CXLVII. It shall be lawful for such Commissioners, by a Sum- Power to mons under their Hands and Seals, or under the Hand and Seal of any send for One of them, to require the Attendance before them, at a Place and Papers. 40 Time to be mentioned in the Summons, which Time shall be a reason able Time from the Date of such Summons, of any Persons whomsoever whose Evidence, in the Judgment of such Commissioners or Commissioner, may be material to the Subject Matter of the Inquiry to be made by such Commissioners, and to require all Persons to bring [27.] |