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The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

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300 CRIMvINAL PRACTICE RULGFORMS<br />

or (2.) Claimed to be an elector, and offered to vote at the said election, and,<br />

being then lawfully required to make a declaration before voting, wilfully made<br />

a false declaration to the eRec$ that (state substance of false statement), whereas in<br />

truth (state the truth).<br />

NO. 71.-INTERFERING WITH SECRECY AT ELECTIONS.<br />

Section ii4.<br />

State the hola~ng of the election, the name of accused, and the date and place<br />

of offence, as in Form No. 67, and proceed:<br />

(1.) Knowingly and wilfully, and without the lawful command of a competent<br />

eourt or tribunal, unfastened the fold upon a ballot paper which had been used<br />

at the said election, which folg had been made under the authority of the law,<br />

and within which the number of an elector was written:<br />

or (2.) Being a returning officer [or presiding officer QT poll clerk or scrutineer]<br />

at the said election, attempted to ascertain [or discover] [or aided in ascertaining<br />

(or discovering)] the candidate for whom the vote of one E.F., a person who<br />

voted at the said election, and did not vote openly, was given:<br />

or (3.) Being (&c. as in (2)), and having in the exercise of his said office<br />

obtained knowledge of the candidate for whom the vote of one E.F., a person<br />

who voted at the said election, was given, disclosed such kuowledge to one M.N.,<br />

such disclosure not being made in answer to a question put in the course of<br />

proceedings before a competent eourt or tribunal :<br />

or (4.) Being (&e. as in (2)), placed [or wrote] upon a ballot paper used at<br />

the said election a mark [or certain words (or figures)] not authorised by law.<br />

NO. 72.-BREAKING SEAL OF PACKETS USED AT ELECTIONS.<br />

Section 115.<br />

Knowingly and wilfully, and without the lawful command of any competent<br />

court or tribunal, opened [or broke the seal of] a sealed parcel which had been<br />

duly sealed under the provisions of the laws relating to elections.<br />

NO. 73.-OFFENCES AT ELECTIONS WEEN VOTING IS BY POST.<br />

Section 116.<br />

State the holding of the election, US in Form No. 56, and proceed: at which<br />

election the voting was by post: And that A.B. on &e. at 4-0.<br />

(1.) Knowing that he was not entitled to vote at the said election, signed his<br />

name as a voter to a voting paper issued by the returning officer for use at the<br />

said election :<br />

or (2.) Signed the name of one E.F. to a voting paper issued by the returning<br />

officer for use at the said election:<br />

or (3.) Attested the signature of one M.N. as a voter to a voting paper issued<br />

by the returning officer for use at the said election, whereas the said M.N. was<br />

not entitled to vote by means of such voting paper, as he the said A.B. then well<br />

knew.<br />

NO. 74.-FALSE CLAIMS.<br />

Section 117.<br />

(1.) Made a claim to have his name inserted in an electoral list for the<br />

electoral district of B.N. (or as the case may be), and in the said claim wilfully<br />

stated falsely that (state substance of false statement), whereas in truth (state the<br />

truth)<br />

(2.) Attended at a registration court duly held for [the B. Division of] the<br />

electoral district of 0. and, his qualification [or the qualification of one M.N.]<br />

as an elector of the said electoral district being then under consideration by the<br />

said court, wilfully made a false statement to the said court relating to his said<br />

qualification [or to the qualification of the said M.N.], to the effect, that (state<br />

substance of false statement), whereas in truth (state the truth).<br />

(3.) Wilfully made a false statement in writing to the registration court for<br />

(&c. as above) relating to his qualification (or the qualification of one M.N.) as an<br />

elector of the said electoral district, which was then under cansideration by the<br />

said court, to the effect that (bc. as in (2)).

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