JB_128_171.xml

Title: [1818 May 9 Parl. Reform Bill]

Description: 1818 May 9

Parl. Reform Bill

{Text} 3 o Exposition

VIII. Penal Securities

4

2

II Offences tending by means of forgery to produce Miselection by means of forgery

are as follows, viz.

4. Where, for the purposes of producing deception {in respect of the name of the

proposed Voter or the name of any Certifier, or any other word contained in it,} a

paper /document falsely/ purporting to be a Vote-conferring Certificate, is, {with

the view of producing deception} fabricated, or a paper /document/ truly purporting

to be a Vote-conferring Certificate, altered.

5. Where {for the purpose of producing deception}, a document falsely purporting to

be a Recommendatory Certificate delivered in favour of a proposed Member is

fabricated, or any document purporting to be a Recommendatory Certificate in favour

of a proposed Member, altered.

6. Where, {for the purpose of producing deception}, a document falsely purporting to

be a Voting-Card, duly signed by an Election Clerk, or by the Substitute of an

Election Clerk, or by an Assistant of such Clerk or such Substitute has been /is/

fabricated, or any document truly purporting to be a /such/ Voting Card, altered.

{ This apply to all

7. Guilty moreover of Election falshood is every person by whom for the purpose of

deception any such false assertion has been procured, or been endeavoured to be

procured. {Such false assertion is accompanied with criminal consciousness.}}

[marginal note:] { Postpone and render all comprehensive.}

{ 8. Guilty moreover of Election falshood is every person, by whom for the purpose

of deception, any untrue conception has been conveyed or endeavoured to be conveyed,

in and by any /his/ signature of his which has been attached the signature of his

name applied by him to the text of a Recommendatory Certificate.}

[marginal note:] { Superseded by p.1. note 5.}

JB_128_184.xml

Title: [1818 April 24 Parl. Reform Bill]

Description: 1818 April 24

Parl. Reform Bill

Text

VIII Penal Securities

1. Falshood

1. II Vote-conferring Certificate, by Certificate

1

1

IV. Turning on an enraged Bull setting up a way[?] of mad dog &c. This is the

Explanations.

See the list of Costs: Offences correspond with them.

§.V. Penal Securities against Election Offences.

V. Offences producing a tendency to produce injury to the person, property, or

reputation of individuals on the occasion of the Election process.

Art. 1. Election Offences are as follows viz.

I. Election falshood.  include under this head 1. lies for or against Candidates. 2.

lies tending to prevent men entitled from giving their votes: i.e. to produce undue

exclusion.

II. Election forgery

III. Offences tending to produce wrong Election: i e the election of a wrong person:

of a person in whose favour the number of legitimate Votes greater /more in number/

than any that have been given in favour of any other proposed Member have all been

given.

IV. Practices having for their object or their effect, the preventing the completion

of the Election process – tending to produce void Election or Non-Election

Art. 2. Election falshood is commissible in any of the manners following viz.

1. On the occasion of a Vote-conferring Certificate, it is committed by a person

signing the same, it is committed in so far as any one or more of the distinguishable

assertions therein contained, and made in and by such signature fails of being

conformable to truth.

In any such case the falshood /utterance of evil/ may be either be accompanied

either with criminal consciousness, or chargeable only with rashness /temerity/ or

negligence.

It is accompanied with criminal consciousness, in so far as the falsity of the

assertion at the time of utterance is known by him by whom it is made /thus expressed

/asserted//

It is chargeable only with rashness or negligence in so far as though the individual

by whom the false assertion is uttered was not at the time of his uttering it

conscious of its being false, he is in this respect culpable to evil in respect of

his not having made that inquiry which he ought to have made, and after which, had he

made {it}, he could not without criminal consciousness have uttered the false

assertion so uttered as above

JB_128_170.xml

Title: [1818 May 9 + Parl. Reform Bill]

Description: 1818 May 9 +

Parl. Reform Bill

{Text} 3 o Exposition

VIII. Penal Securities

3

1

Causes /Offences/ by which Miselection may be produced are – 1. Forgery. 2.

Fraudulent personation. 3. False assertion in writing or by word of mouth. 4.

Deceptive deportment 5. Delivery or purveyance[?] of unfree suffrage. 6. Undue

exclusion of Votes. 7 Undue introduction of Votes.

I Offences tending by means of simple falshood to produce Miselection are as follows,

viz.

1. Where, by means of his signature an assertion, made by a proposed Voter is in

respect of any of the matters so asserted by him in the tenor of his Vote-conferring

Certificate, {not conformable to the truth} /{untrue}/ in any material particular,

untrue

2. Where, by means of his signature, an assertion made by a Certifier, in the tenor

of a Vote-conferring Certificate is in relation to /respect of/ any of the matters so

asserted by him, in any material particular, untrue

3. Where, by means of his signature an assertion made by a Recommending Nominator in

the tenor of a Recommendatory Certificate, framed for the purpose of nominating a

proposed Member, is in relation to any of the matters so asserted by him, in any

material particular untrue.

Any such false assertion {i.e. made /conveyed/ as above,} is /was/, if made for the

purpose of deception and thereby of producing the mischief /evil/ in question,

accompanied with criminal consciousness and intention.

Any such false assertion so made is, if not made for the purpose of deception,

liable to have been produced by culpable heedlessness or rashness.