§ Clauses 4 to 7 severally agreed to.
§ Clause 8 (Certain sections of the Ballot Act to be incorporated in order).
§ On the Motion of The Marquess of WATERFORD, the following Amendment made:—
§
In page 2, line 38, leave out clause 8, and insert:
Sections three, four, and nine of the Ballot Act, 1872, shall be incorporated in this Act, and shall apply to the election of poor law guardians in the same manner as if elections of poor law guardians were expressly mentioned therein.
The following enactment shall he made with respect to personation at elections of poor law guardians:
A person shall be deemed to be guilty of the offence of personation who applies for a ballot paper in the name of some other person for whom be is not entitled to act as proxy, whether that name be that of a person living or dead, or of a fictitious person, or, who having voted once in his own behalf at any such election, applies at the same election for a ballot paper in his own name.
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The offence of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of personation by any person shall be a felony, and any person convicted thereof shall he punished by imprisonment for a term not exceeding two years, together with bard labour. It shall be the duty of the returning officer to institute a prosecution against any person whom he may believe to have been guilty of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of personation by any person at the election for which he is returning officer, and the costs and expenses of the prosecutor and the witnesses in such case, together with compensation for their trouble and loss of time, shall be allowed by the court in the same manner in which courts are empowered to allow the same in cases of felony.
§ Clause, as amended, agreed to.
§ Clause 9 (Regulations as to claims to vote by proxy).
§ THE MARQUESS OF WATERFORDproposed an Amendment to the clause, for the purpose of giving the right of proxy voting to occupiers as well as owners in electoral divisions in which they did not reside. He explained that the Amendment had been drawn up in consultation with the Chairman of the Select Committee on the Bill, and that it had been brought forward in consequence of evidence given at that inquiry. The witnesses had given the Committee to understand that they had no great objection to proxy voting, provided the privilege were allowed to occupiers as well as owners. If this Amendment were not accepted, under the new electoral system, some of the voters would have to be walking over the district throughout the day of the election if they happened to have farms in different parts.
§
Amendment moved,
In page 3, line 7, leave out ("After the commencement of this Act,") and insert ("The eighty-fourth section of the Act of the first and second years of the reign of Her present Majesty, chapter fifty-six, shall be and the same is hereby amended; and henceforth it shall be lawful for any ratepayer, from time to time, by writing under his hand in the prescribed manner, to appoint any person to vote as his proxy in respect of any property in the actual occupation of such ratepayer which is not situated in the electoral division in which the said ratepayer has his usual place of residence: Provided always, that.")—[The Marquess of Water-ford.)
§ LORD CARLINGFORDsaid, he considered the Amendment would be an improvement in the Bill.
THE EARL OF MILLTOWNobserved, that the Amendment removed the only valid objection which had been given before the Select Committee to proxy voting—namely, that it was an invidious distinction in favour of one class of voters.
§ Amendment agreed to.
§ On the Motion of The Marquess of WATERFORD, the following Amendment made:—In page 3, line 11, leave out ("not in his actual occupation.")
§ THE MARQUESS OF WATERFORDmoved an Amendment, giving occupiers as well as owners power to vote by proxy, provided that the rates be paid two months before the day of election.
§
Amendment moved,
In line 16, leave out ("prior to the date of said election,") and insert ("previous to the day on which he shall claim to vote. The nineteenth section of the Act of the twenty-fifth and twenty-sixth years of the reign of Her present Majesty, chapter eighty-three, shall be and the same is hereby repealed; and after the commencement of this Act no occupier rated to the poor rate, and no owner or immediate lessor rated under the provisions of the Act of the sixth and seventh years of Her Majesty, chapter ninety-two, or of the Act of the twelfth and thirteenth years of Her Majesty, chapter ninety-one, or of the Act of the twelfth and thirteenth years of Her Majesty, chapter one hundred and four, and the twenty-fifth and twenty-sixth years of Her Majesty, chapter eighty-three, shall be entitled to vote in the election of Guardians unless he shall two months before the day of voting have paid all the poor rates made and assessed upon him, except such as shall have been made or become duo within six calendar months immediately such voting.") —(The Marquess of Waterford.)
§ LORD CARLINGFORDconsidered that the Amendment was a restriction of the present privileges of ratepayers in regard to voting.
§ LORD MONK BRETTONsaid, he concurred in the principle of the Amendment, because time was necessary to enable the Returning Officer to make out and revise his lists properly; but whether two months were requisite he would not undertake to say.
§ LORD CARLINGFORDsuggested that one month would be sufficient.
§ THE MARQUESS OF WATERFORDsaid, it was important that the Returning Officers should, have time to make out the lists of voters. However, he would accept the alteration to one month.
THE EARL OF MILLTOWNsaid, that two mouths was recommended by the 396 Select Committee; and he protested against an important Amendment like this being brought forward and accepted without any Notice.
§ Amendment, as amended, agreed to.
§ Clause, as amended, agreed to.
§ Remaining clauses agreed to, with Amendments.
§ The Report of the Amendments to be received on Monday next; and Bill to be printed as amended. (No. 176.)