date

1818 May 12 Parl. Reform Bill
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.}
Similar Items
  • Title: [1818 May 10 Parl. Reform Bill]
    Description: 1818 May 10

    Parl. Reform Bill

    Text 3 o Superseded?

    VIII Penal Securities

    8

    8

    Superseded by Abridged form[?] 12 May?

    If by any such offence as above, private Miselection or Non Election, or Nullity of

    Election and thence a fresh Election has been {produced, in so much that a fresh

    Election shall have been duly ordered to be made,} /ordered,/ the offender {or

    offenders} shall be chargeable / may be charged/ with the

    attendant expence: {and according to the pecuniary circumstances of the individual

    offender, and in case of rashness /heedlessness/ according to the enormity of the

    rashness /heedlessness/, and as well} in case of in case of criminal consciousness

    and intention, he shall thus be subject to the whole of such expence: in case of

    rashness unaccompanied with such evil consciousness and intention, he shall according

    to the degree of such rashness, and the state of the pecuniary circumstances be

    chargeable either with the whole or a part only of such expense.
  • 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}.
  • Title: [1827. July 5 th Bill (as amended by]
    Description: 1827. July 5 th

    Bill (as amended by the Committee) for the more easy Recovery of Small Debts in

    the

    Marginals

    1.

    Preamble.

    2.

    Jurisdiction of the County courts in Actions of Debt on simple

    Contract, and Assumpsit for Debt.

    3.

    Proviso

    4.

    Court of Quarter sessions may, if necessary, divide County into

    Districts.

    5.

    County Courts be holden every month, at which actions arising

    within such districts are to be tried.

    6.

    The sheriff to advertise the Time and Place of holding such Courts.

    7.

    Also are to be suitors.

    8.

    Suitors to be summoned to try Causes, of whom at least five shall

    give their verdict.

    9.

    Qualification of suitors.

    10.

    Service of summons.

    11.

    Penalty for non-attendance.

    12.

    Limitation of suits, three years.

    13.

    Actions to be deemed to arise and to be tried where Defendant

    resides.

    14.

    Causes of Action not to be split.

    15.

    But excess above £10 may be abandoned.

    16.

    Proceedings to be by Plaint and Summons.

    17.

    Summons and Copy of Plaint to be served upon Defendant seven days

    before Trial.

    18.

    Proviso in case Money be paid into Court.

    19.

    No Privilege allowed.

    20.

    Person under Age may sue for stages.

    21.

    In cases of Partners, one may be served.

    22.

    Proceedings at the Trial where Plaintiff appears and prosecutes

    his suit.

    23.

    Where Plaintiff does not appear or does not prosecute his suit.

    24.

    Attendance of Witnesses.

    25.

    Parties to the suit may be examined; and no objection to be

    allowed on the ground of incompetence.

    26.

    No Removal of Causes.

    27.

    Court may make orders for giving Time, and respecting Costs, and

    have sums reserved shall be paid, and for new Trials.

    28.

    Proviso, that second Trial shall be final.

    29.

    Sheriff to appoint Bailiffs, who may be summarily removed.

    30.

    Costs upon verdict for Plaintiff or Defendant.

    31.

    Execution by Fieri facias

    32.

    If Default made in payment of money recovered in the made

    specified in order of Court, execution may issue immediately.

    33.

    Proviso that the order be limited to within four months

    34.

    No action to be brought upon any judgment in the County Court;

    but execution may issue into any County where party has goods.