JB_128_182.xml

Title: [1818 May 12 Parl. Reform Bill]

Description: 1818 May 12

Parl. Reform Bill

Text

VIII Penal Securities

Procedure

Note continued

3

{ For illustration of the impracticability take the supposed provision following If,

in consequence of the offence, a fresh Election shall have taken place, the offender

shall in case of criminal consciousness and intention stand chargeable ( ) with the whole of the expences attendant on such fresh Election: in case

of culpable heedlessness, with the whole or a part more or less considerable, at the

discretion of the Jury according to the enormity of the heedlessness and the state of

his pecuniary circumstances, the money to be sued for in any one of the Common Law

Westminster Hall Courts; by action of assumption[?] brought by the Clerk of the Peace

for the County in which the District Election Office is situated: Money for the Costs

shall by the order of Justices be advanced to him out of the County Rates, the money

recovered shall in due proportions be distributed among the persons by whom the

advances were made.}

{ Where, for disbursement, loss or injury, satisfaction, at the expences of the

author is requisite to be provided, it may be easy enough, by copying or imitating

precedents to provide on that score a shew of justice the appearance of justice: but

the sum in question must be considerable indeed, if by the stamp duties, the official

and professional fees, and the imperfections of the system of procedure, the reality

of justice be not compleatly excluded.}

{But to a professional eye to frame a set of provisions adequate to this purpose,

would taking into account on the one hand the present stage of the proposed system of

Election on the other hand the present state of the judicial procedure, be manifestly

impracticable. By whom the disbursements may have been made, by what means from the

hands of any public trustee appealed[?] to the reimbursements could be made

receivable without being taken up by costs – these are two among a multitude of

questions for which at present, no solution would be to be found.}

JB_128_178.xml

Title: [1818 May 10 Parl. Reform Bill]

Description: 1818 May 10

Parl. Reform Bill

3 o Text Superseded?

V. Penal Securities

9

7

Superseded by Abridged form 12 May?

Punishments for the above Election Offences

For the abovementioned Election Officers the punishments shall be respectively be as

follows, viz.

{On Conviction} In a book to be kept in the office of every Election District, by

the name of The Election Black Book an entry shall be made

stating /expressive/ /containing/ the {name abode rank or occupation and other

sufficiently ( ) designature of the person of the offender together with a

specification /designation/ of the species of offence of which as above he was

convicted, as also of the place and time at which, and the manner in which, it was

committed, together with all such other individualizing circumstances as may be

necessary for conveying a clear correct and compleat conception of the nature of the

case.

It shall also be stated, whether in the opinion of the judicial authority ( ) the offence was accompanied with criminal consciousness, as

above explained, or not being accompanied with such consciousness and intention was

but the effect of rashness.

If in the opinion of | | the judgment be that it was accompanied with criminal

consciousness and intention, a copy of such judgment shall moreover be published in

the London or other Official Gazette.

If on the occasion and by the commission of the Election offence, injury in any other

shape has been done to any individual /assignable person or persons/ or to any body

corporate, appropriate satisfaction in respect of such injury shall remain exigible

and appropriate punishment inflictable.

JB_128_179.xml

Title: [1818 May 12 ┴ Parl. Reform Bill]

Description: 1818 May 12 ┴

Parl. Reform Bill

Text ult o

VIII Penal Securities

VIII Abridged form

1

Penal Securities {provided} against evils incident to Election /Election Offences/

Art. For every offence which in any manner following has {produced or has tended to

produce} /been productive of, or has been, or has tended to be, contributory to,/

Miselection, Non-Election or {Null and} {Void} /Null/ Election {or has been or has

tended to be contributory thereto} {the offender shall be punishable as follows viz.}

In a book to be kept, under the name of the Black-book in the Election Office of

every Election District, {under the care of the Election Clerk}, {on conviction}

entry shall by the Election Clerk be made containing the sentence passed upon the

offender, in which sentence shall be contained a compleat designation of the person

of the offender, together with the specific denomination, and individual /of the

offence as above, and moreover together with the/ description of the /individual/

offence: and moreover a declaration that the offence was accompanied with criminal

consciousness and intention, or was produced by culpable {heedlessness} /rashness/,

as the case may be. If in the commission of the offence, forgery or fraudulent

personation have /has/ been employed, mention thereof shall be made in such sentence.

If {{in the sentence it be declared that /the declaration be that/ in the opinion of

the court} (a) the offence was accompanied} with criminal

consciousness and intention, the sentence shall moreover in the London or other

official Gazette: and so in the case of forgery or fraudulent personation: and for

that purpose, under the direction of the Court (b), two copies of

the sentence {on the same day on which it is pronounced or on the next day}

/forthwith/ be, {by the competent authority} transmitted {by the post after being

duly signed authenticated by the proper signature, the one to the proper Election

office, the other to the Printer of the said Gazette}.