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}.
Similar Items
  • 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.}
  • Title: [1818 April 23[?] Parl. Reform Bill]
    Description: 1818 April 23[?]

    Parl. Reform Bill

    Reasons

    VII Election how

    Voting how

    Security effectual

    2

    2. There remains as a person without whose concurrence the like fraud to the like effect could not be attempted, the Election Clerk.

    But on his part, under the system of checks here proposed, any such fraud may be stated as altogether hopeless

    1. A number of Voting Cards greater than that of the Vote-conferring Certificates filed in the first instance in the books of the Election Office can not be constituted by the contents of all the several Voting Checks put together. For without delivering up in the face of a numerous assembly one unit[?] of the pair of duplicates of a Vote-conferring Certificate, no man can have received a Voting card.

    2 No voting card can be available without the name of the Election Clerk or his known substitute in this behalf written upon it in a hand /handwriting/ purporting to be his. If then in all these Checks put together any number of Voting Cards were found greater than that of the Vote-conferring Certificates recorded[?] in return for them /the units[?] &c/, this supernumerary number having on each of them /it/ this handwriting or a handwriting purporting to be his, here then the existence of a fraud committed by somebody or other would be manifest: and forasmuch as he is the person whose handwriting the inscription purports to be, it is at his door that the fraud would be in the first instance. /he who would in the first instance be responsible for it./ The existence of a fraud of this sort being thus universally notorious persons in prodigious numbers would find themselves engaged by interest in one shape or other, to bestir themselves for the detection of it.
  • Title: [1818 June 18 Parl. Reform Bill]
    Description: 1818 June 18

    Parl. Reform Bill

    Abregé

    VII Penal Securities

    3

    In the case of criminal consciousness, and correspondent intention the two ideal

    instruments figuratively speaking most apt to be employed are force and falshood

    /fraud/ or as it is on occasion of this sort most common to say – fraud.

    Of falshood, there would be found applicable to the case the six following

    modifications: viz. 1 Forgery. 2. deceptive personation 3. fabrication of deceptious

    real or other circumstantial evidence: 4. perjury. 5. simple false assertion whether

    in the shape of speech /spoken/ or writing /written discourse/ 6. false assertion by

    deportment designed to produce the effect of discourse.

    In the text of the proposed law would be shewn /exemplified/ /particularized/

    various modes in /occasions on/ which in the production of the three characteristic

    Election torts as above, falshood in those its several shapes would be /is/ liable to

    be employed as an instrument. Examples of forgery will be seen at once by

    conniving[?] falshood in that shape applied to the several documents above proposed

    to be employed in the character of so many evidences or efficient instruments of

    title viz liable to be elected, or to vote: viz. the recommendatory certificate the

    Vote conferring Certificate, and the Voting Card. &c

    [marginal insertion:] An example of deceptious personation in the case of its

    application to the person of a voter.]

    One such in which false assertion, accompanied on the part of some with criminal

    consciousness on the part of others with rashness is in a preeminent degree apt to be

    employed and applied to the purpose of producing Miselection, viz. by giving birth to

    an ill-grounded choice, viz to the choice of a proposed Member not indeed

    disqualified by law, but in respect of appropriate aptitude less qualified than this

    or that view[?] to /over/ whom by the means he obtains the preference, is defamation.