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1818 May 9 +
Parl. Reform Bill
{Text} 3 o Exposition
VIII. Penal Securities
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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.
Similar Items
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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.}
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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
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Title: [1818 May 10 Parl. Reform Bill]Description: 1818 May 10 Parl. Reform Bill 3 o Text Exposition VIII Penal Securities 5 3 III Offences tending by means of deceptious conduct /deportment/ /practice/ to produce Miselection /{Wrong Election}/ are as follows, viz. 1. Where in any Election District for the purpose of causing {the} /an illegitimate/ vote {of a person not entitled to a vote therein} to be received and take effect as if such illegitimate were a legitimate vote /it were legitimate/ any person causes or endeavours to cause, himself or any other person to be in possession of some /any/ {such} Voting Card, or any written instrument purporting to be a Voting Card, {the same not} with the intent /for the purpose/ that such Voting Card /Card or instrument/ shall be applied to the purpose of voting in that same district by some person in whose favour no genuine /legitimate/ Vote-conferring Certificate has been obtained: and who therefore can not have it in his power by the delivery of any such Certificate to the Voting Clerk to entitle himself to {receive and} apply to use a Voting Card {by the delivery of any such Certificate}.
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