punishable accordingly.' The enactment is so expressed that it would include not only the first occurring election, but any future election with which the corrupt payment could as matter of proof be connected. It also strikes at the action of associations or committees, although there would be much greater difficulty in bringing home a charge of bribery against ordinary subscribers to the funds of an association or committee than there would be in doing so against the chairman or other officials (see § 3 (64), Schedule III. Part II. of the Corrupt and Illegal Practices Act, 1883). Of course it is necessary in every case to prove a corrupt purpose. 2. The Laws for the Trial of Controverted Elections. We have elsewhere (Nicolson, p. 253-258) explained very briefly the constitution of the tribunal and the nature of the procedure established by the Parliamentary Elections Act, 1868, for the trial of election petitions. Several important changes on the procedure have been introduced by the Corrupt and Illegal Practices Act, 1883. In particular, § 40 alters the time for the presentation of election petitions, and makes provision for their amendment with the leave of the Court. Section 41 is directed against the collusive withdrawal of a petition. Section 42 provides for the trial of election petitions, proceeding, as far as practicable, de die in diem. Sections 41, 42, and 45 provide for the intervention of the public prosecutor. Section 44 gives the Court very wide powers in laying the costs of election petitions upon individuals proved to have been guilty of or concerned in corrupt practices; and even if it appears to the Court that corrupt practices extensively prevailed in reference to the 'said election, the Court may order the whole or part of the ' costs to be paid by the county or burgh.' Lastly, by way of relieving the general severity of the Statute, § 49 gives a practical amnesty to all offenders unconvicted or unreported before its date. The terms of the section are: 'Notwithstanding the provisions of the Act 15 & 16 Vict. c. 57, or any amendment thereof, in any case 'where, after the passing of this Act, any commissioners 'have been appointed on a joint address of both Houses of Parliament, for the purpose of making inquiry into the 'existence of corrupt practices in any election, the said com'missioners shall not make inquiries concerning any election 'that shall have taken place prior to the passing of this Act; and no witness called before such commissioners, or ' at any election petition after the passing of this Act, 'shall be liable to be asked or bound to answer any question. for the purpose of proving the commission of any corrupt practice at or in relation to any election prior to the pass'ing of this Act: Provided that nothing herein contained 'shall affect any proceeding that shall be pending at the time ' of such passing.' APPENDIX. PART I. No. I. 41 & 42 VICT. c. 41. An Act to enable Returning Officers at Parliamentary Elections in WHEREAS it is expedient to amend the law relating to the expenses and charges of returning officers at parliamentary elections in Scotland, and otherwise to amend the law of Scotland relating to such expenses: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. This Act may be cited for all purposes as the Parliamentary Short title and Elections, Returning Officers Expenses (Scotland) Act, 1878, and construction of the Ballot Act, 1872, as modified by this Act, and this Act shall 35 & 36 Vict. be construed as one Act. Act. c. 33. II. This Act shall extend to Scotland only, and only to parlia- Extent of Act. mentary elections. officer may III. The returning officer, if he think fit, may, as hereinafter Returning provided, require security to be given for the charges which may require deposit become payable under the provisions of any Act of Parliament in or security. respect of any election. The total amount of the security which may be required in respect of all the candidates at an election shall not in any case exceed the sums prescribed in the Schedule to this Act. Where security is required by the returning officer it shall be apportioned and given as follows-viz., (1.) At the end of the two hours appointed for the election the returning officer shall forthwith declare the number of (2.) Within one hour after the end of the two hours aforesaid, (3.) If in the case of any candidate security is not given or tendered as herein mentioned, he shall be deemed to be withdrawn within the provisions of the Ballot 35 & 36 Vict. Act, 1872: c. 33. |