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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 110

Compensation where charge of personation is unjustly made or not prosecuted.

110.(1) Where a person is arrested under Rule 44 of the Parliamentary Election
Rules or Rule 37 of the Local Elections Rules and the resident magistrate who
conducts the preliminary investigation of or deals summarily with the charge
of personation is satisfied that the person charged is really and in truth the
person in whose name he applied for a ballot paper, tendered his vote or voted
and that the charge of personation has been made against him without
reasonable or just cause, or if the agent by whom the charge was made (or
someone on behalf of the agent) does not appear before the resident magistrate
to support the charge, then the resident magistrate shall make an order in
writing on the said agent to pay to the person charged, if he consents to
accept it, any sum not exceeding ten or less than five pounds by way of
damages and costs.

(2) If a sum ordered to be paid under sub-section (1) is not paid within
twenty-four hours after the order has been made, that sum shall be levied by
warrant under the hand and seal of a justice of the peace acting for
the county or county borough where the person charged with personation was
arrested, by distress and sale of the goods and chattels of the agent by whom
the charge was made or, if the same are insufficient shall be levied in like
manner on the goods and chattels of the candidate by whom the said agent was
appointed; and if the said sum is not paid or levied as aforesaid, the person
to whom it was ordered to be paid may recover it from the said agent or
candidate by civil bill or by action in the High Court.

(3) If the person charged has declared to the resident magistrate his consent
to accept the sum awarded under sub-section (1) by way of damages and costs,
and if the whole amount of such sum has been paid or tendered to that person,
then in that case, but not otherwise, the said agent, candidate and every
other person shall be released from all actions and proceedings, civil and
criminal, for or in respect of the charge against and the apprehension of the
person charged.

© 1962 Crown Copyright

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