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The disqualifying provisions of 33 & 34 V. c. 23, as PERSONS to persons convicted of treason or felony (see ante, pp. 200 et seq.), apply to voters at municipal elections. Treason
Id. s. 2.
47 & 48 V.
By 47 & 48 V. c. 70, s. 2 (2), “a person who commits Corrupt any corrupt practice in reference to a municipal election practices at municipal shall be guilty of the like offence, and shall on convic- election. tion 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." He is therefore incapable of being registered as an elector, or voting at any election in the United Kingdom for seven years.
Corrupt practices are treating, undue influence, bribery and personation, and aiding, abetting, counselling, or procuring personation. Id. s. 2 (1).
The same incapacities attach to a candidate at a In candimunicipal election when it is found by the report of an election court that any corrupt practice, other than treating and undue influence, has been committed by or with his knowledge and consent, or that treating or undue influence has been committed by him personally. Id. s. 3 (1).
A person guilty of an illegal practice at a municipal Illegal election is on conviction incapable during five years of practices. being registered as an elector or voting at any election held for or within the borough in which the illegal practice was committed. Id. s. 7.
And the same incapacities attach to a candidate at a In candimunicipal election who is reported by an election court to have been personally guilty of an illegal practice.
Id. s. 8 (2).
As to what is an illegal practice, see Vol. III., Illegal Practices.
Where an offence of illegal payment, employment, or Illegal hiring is committed by a candidate at a municipal elec- employtion, or with his knowledge and consent, he is guilty ment, and of an illegal practice, and is therefore, if reported by the election court, subject to the last-mentioned incapacities. Id. s. 17 (2).
Corrupt and illegal practices list.
at other elections.
As to what constitutes illegal payment, employment, and hiring, see Vol. III., chapter on Illegal Practices.
The procedure as to the making out of the municipal corrupt and illegal practices list is substantially the same as that with regard to the parliamentary list, and references have been given ante, pp. 202-204, in notis, to the sub-sections of Id. s. 24, which regulate its being made.
The only point which need be separately noticed is, that by sub-s. 9 of that section, a town-clerk or overseer who fails to comply with the provisions of the section is liable to a fine of 501., recoverable by action.
Persons guilty of corrupt or illegal practices at an and illegal election for Member of Local Board, Member of Improvement Commissioners, Poor Law Guardian, or Member of School Board, are now by 47 & 48 V. c. 70, s. 36, liable to the same incapacities as if the offence were committed at a municipal election, and are consequently, on conviction, incapacitated from voting at a municipal election for the period stated above. And see the provisions of the Local Gov. Act, 1894, s. 48 (3), infra.
By 47 & 48 V. c. 70, s. 36, the provisions of that TIES AT Act and of Part IV. of the Mun. Cor. Act, 1882, are ELECTIONS. extended to elections for the offices of Member of Local
Board, Member of Improvement Commissioners, Poor Law Guardian, and Member of School Board, and incapacities may now be incurred in reference to any
No corrupt and illegal practices list is to be made for any election to the above offices. 47 & 48 V. c. 70, s. 36 (1) (c).
The provisions of 47 & 48 V. c. 70 have now been extended by the Local Gov. Act, 1894, s. 48 (3), to every election regulated by rules framed under that Act.
Persons guilty of illegal or corrupt practices at any such election are now, therefore, it seems incapacitated
from voting at those elections for the periods stated INCAPACIabove under the head of municipal elections.
Women are not disqualified, by reason of sex or WOMEN. coverture, from being parochial electors on an occupation qualification. They are, however, disqualified, by reason of sex, from being such on an ownership qualification, vide ante, pp. 70, 71.
The 48 & 49 V. c. 46, s. 2, ante, p. 210, which prevents Medical medical, &c. assistance causing disqualification to a voter, does not "apply to the election-(a) of any guardian of the poor; or (b) of any member of any parochial board in Scotland; or (c) of any other body acting in the distribution of relief to the poor from any poor rate."
As to disqualification, as a parochial elector, arising PERSONS from conviction for corrupt or illegal practices, vide ante, pp. 201 et seq. and 233 et seq.
LOCAL AND PAROCHIAL GOVERNMENT.
48 & 49 V. IN consequence of the assimilation of the occupation franchise in boroughs and counties, and the extension of the household and lodger franchise to the counties effected by the R. P. Act, 1884, it was necessary to make considerable alterations in the existing law of registration. This was done by the Reg. Act, 1885.
This Act, while proceeding, for the most part, by adapting the existing provisions to the new conditions, contains in the schedules instructions to clerks of the peace and town clerks, together with precepts and forms adapted to the new arrangements. Sect. 18 provided that "the forms and instructions contained in the 2nd
and 3rd schedules to this Act, shall be used and observed Statutes. in all cases to which they apply . . . . but a disregard of any form or instruction shall not of itself invalidate any list, notice or other thing" (a).
The Cy. El. Act, 1888, by sect. 3 further enlarged 51 & 52 V. the 107. occupation franchise to a burgess qualification, and has extended all burgess qualifications to county. electors (vide ante, pp. 67, 68). This required a further adaptation of the precepts and forms, and sect. 13 accordingly provided that they should be altered as should be declared by Order in Council to be necessary, and it was further provided by the Local 51 & 52 V. Gov. Act, 1888, s. 76 (7)
"It shall be lawful for her Majesty the Queen, by Order in Council, from time to time to alter the instructions, precepts, notices, and forms under the Registration of Electors Acts, in such manner as appears to her Majesty necessary for carrying into effect this Act, and the County Electors Act, 1888, and any other Act for the time being in force, amending or affecting the Acts mentioned in this sub-section, and the instructions, precepts, notices, and forms specified in any such Order in Council shall be observed and be valid in law, and clerks of the peace, and town clerks, and other officers shall act accordingly."
Under the provisions of this section the Order in Registration Order, Council of March 8th, 1895, was issued, which now 1895. regulates the precepts and forms. This Order, which provides that it may be cited as "The Registration Order, 1895," will be found in Appendix II. (b). So far
(a) See on this section, Wood v. Chandler, post, p. 285; Hartley v. Halse, post, p. 310; Jones v. Kent and Smith v. Chandler, post, p. 267.
(b) It should be observed that the forms and instructions in the schedules of the Reg. Act, 1885, have a statutory force, see Stribling v. Halse, (1885), 16 Q. B. D. 246, 249, ante, p. 79, n. (i). The power given to alter the precepts and forms by Order in Council is given in order to adapt them to such franchises as may from time to time exist; it does not enable the franchises to be altered by such order. Hence the new precepts and forms cannot be relied on as authoritatively expounding the various franchises.