APPENDICES. I.-STATUTES. 6 & 7 Vict. c. 18. THE PARLIAMENTARY VOTERS REGISTRATION ACT, 1843. An Act to amend the Law for the Registration of Persons entitled to Vote, and to define certain Rights of Voting, and to regulate certain Proceedings in the Election of Members to serve in Parliament for England and Wales. [31st May, 1843.] detect per 85. It shall be lawful for any candidate, at any election of a Agents member or members to serve in parliament for any county, city, may be appointed or borough, previous to the time fixed for taking the poll at such by candielection, to nominate and appoint an agent or agents on his behalf dates to to attend at each or any of the booths appointed for taking the sonation at poll at such election, for the purpose of detecting personation; and the time of such candidate shall give notice in writing to the returning officer, polling. or his respective deputy, of the name and address of the person or persons so appointed by him to act as agents for such purpose; and thereupon it shall be lawful for every such agent to attend during the time of polling at the booth or booths for which he shall have been so appointed. 86. If at the time any person tenders his vote at such election, Returning or after he has voted, and before he leaves the polling booth, any officer may such agent so appointed as aforesaid shall declare to the returning persons R. T order charged with per sonation to be taken into custody. Ante, p. 106. officer or his respective deputy, presiding therein, that he verily believes and undertakes to prove, that the said person so voting is not in fact the person in whose name he assumes to vote, or to the like effect, then and in every such case it shall be lawful for the said returning officer, or his said deputy, and he is hereby required, immediately after such person shall have voted, by word of mouth to order any constable or other peace officer to take the said person so voting into his custody, which said order shall be a sufficient warrant and authority to the said constable or peace officer Vote not for so doing: Provided always, that nothing herein contained shall to be rejected if be construed or taken to authorize any returning officer, or his questions deputy, to reject the vote of any person who shall answer in the answered affirmative the questions authorized by this Act to be put to him at the time of polling, and shall take the oaths or make the affirmations authorized and required of him (b); but the said returning officer, or his deputy, shall cause the words, "protested against for personation," to be placed against the vote of the person so charged with personation when entered in the poll-book. in the affirma tive. Ante, p. 107. Persons charged be taken before two justices. Bail to be taken or certain cases; 87. Every such constable or peace officer shall take the person so in his custody at the earliest convenient time, before some two with personation to justices of the peace acting in and for the county, city, or borough within which the said person shall have so voted as aforesaid; Provided always, that in case the attendance of two such justices as aforesaid cannot be procured within the space of three hours after the close of the poll on the same day on which such person person dis- shall have been so taken into custody, it shall be lawful for the charged in said constable or peace officer, and he is hereby required, at the request of such person so in his custody, to take him before any one justice of the peace acting as aforesaid, and such justice is hereby authorized and required to liberate such person on his entering into a recognizance, with one sufficient surety, conditioned to appear before any two such justices as aforesaid, at a time and place to be specified in such recognizance, to answer the said charge; and if no such justice shall be found within four hours after the closing of the said poll, then such person shall forthwith be discharged from custody: Provided also, that if, in consequence of the absence of such justices as aforesaid, or for any other cause, the said charge cannot be inquired into within the time aforesaid, it shall be lawful nevertheless for any two such justices as aforesaid to inquire into the same on the next or on some other subsequent day, and if necessary to issue their warrant for the but charge may be subsequently inquired into, and persons charged may be re-apprehension of the person so charged. arrested. (b) See as to questions and oath, post, p. 399. fied that has been 88. If, on the hearing of the said charge, the said two justices If justices shall be satisfied, upon the evidence on oath of not less than two are satiscredible witnesses, that the said person so brought before them the person has knowingly personated and falsely assumed to vote in the name charged of some other person within the meaning of this Act, and is not in guilty of fact the person in whose name he voted, then it shall be lawful personafor the said two justices to commit the said offender to the gaol tion, they of the county, city, or borough within which the offence was commit committed, to take his trial according to law, and to bind over him for trial. the witnesses in their respective recognizances to appear and give evidence on such trial as in the case of other misdemeanors. are to fied that compensa or those 89. If the said justices shall, on the hearing of the said charge, If justices be satisfied that the said person so charged with personation is are satisreally and in truth the person in whose name he voted, and that the the charge is uncharge of personation has been made against him without reasonfounded, able or just cause, or if the agent so declaring as aforesaid, or they are to some one on his behalf shall not appear to support such charge order before the said justices, then it shall be lawful for the said justices, tion and they are hereby required to make an order in writing under their hands, on the said agent so declaring as aforesaid, to pay to the said person so falsely charged, if he shall consent to accept the same, any sum not exceeding the sum of ten pounds nor less than five pounds, by way of damages and costs; and if the said sum to be paid shall not be paid within twenty-four hours after such order shall by agent or levied by have been made, then the same shall be levied, by warrant under distress on the hand and seal of any justice of the peace acting as aforesaid, his goods by distress and sale of the goods and chattels of the said agent: and in case no sufficient goods or chattels of the said agent can cipal, or be found on which such levy can be made, then the same shall be recovered by action levied in like manner on the goods and chattels of the candidate of debt. by whom such agent was so appointed to act: and in case the said sum shall not be paid or levied in the manner aforesaid, then it shall be lawful for the said person to whom the said sum of money was so ordered to be paid to recover the same from the said agent or candidate, with full costs of suit, in an action of debt to be brought in any one of her Majesty's superior Courts of Record at Westminster: Provided always, that if the person so falsely If party charged shall have declared to the said justices his consent to falsely accept such sum as aforesaid by way of damages and costs, accepts charged and if the whole amount of the sum so ordered to be paid shall compensahave been paid or tendered to such person, in every such case, action to tion, no but not otherwise, the said agent, candidate, and every other be brought. person shall be released from all actions or other proceedings, civil or criminal, for or in respect of the said charge and apprehension. |