Treacherous agent.

for what the payments had been inade, repaid him, it was held, in an English case, no such satisfaction as to make the person his agent (8).

If an agent, though acting for a candidate for the purposes of the election, can be shewn to have sold himself to, or to have been in treaty with the other side, the candidate will not be responsible for his corrupt acts (t.) It would require actual proof of authority to commit the illegal acts to make the candidate responsible (u). And the same rule applies where the agent is shewn to have acted treacherously out of spite or feeling against the candidate whom he ostensibly supported (v).

(8) Tamworth, 1 O'M. & H. 81.

(t) Per evidence of Willes, J., before select committee on Parliamentary and Municipal Elections, 441.

(u) Per Blackburn, J., Stafford, 1 O'M. & H. 230.

(v) Lennox, 2 Ont. El. cases, 41

CHAPTER III.

PENALTIES UNDER DOMINION LAWS.

PENALTIES ON CANDIDATE.

candidate for

tices committed

by him or by his

consent.

IF it is proved before any Court, judge or other Penalties on tribunal for the trial of Election Petitions, that any cor- corrupt pracrupt practice (a) has been committed by or with the actual knowledge and consent (b) of any candidate at an election, or if he be convicted before any competent court of the misdemeanor of bribery or undue influence, he shall be held guilty of corrupt practices, and

His election shall be void.

He shall be incapable of being elected to and of sitting in the House of Commons during the seven years after the date of his being so proved or found guilty.

He shall be incapable of voting at any election of a member of the House of Commons during the seven years after the date of his being so proved or found guilty.

He shall be incapable of holding an office in the nomination of the Crown, or of the Governor

66

(a) As to what are 'corrupt practices," see previous chapter on "Corrupt Practices."

(b) As to "actual knowledge and consent, see ante chapter on Corrupt Prac tices-Relieving Sections, etc.; N. Wentworth, H. E. C. 843; N. Grey, H. E. C. 362.

Personation or subornation thereof.

disqualified per

(General) in Canada during the seven years after the date of his being so proved or found guilty (c), 37 Vic. cap. 9 s. 102.

By sec. 76 of 37 Vic. cap. 9, if on the trial of any election petition questioning the election or return for any electoral district, any candidate or other person is found by the report of the judge, by himself or his agents with his actual knowledge and consent to have been guilty of personation or by himself or his agents to have aided, abetted, counselled or procured the commission at such election of that offence by any person,

The election shall be declared void.

The candidate or such other person shall be incapable of being elected to or sitting in the House of Commons during the parliament for which the election is held and during the then next parliament (d).

Employment of If, on the trial of any election petition, any candidate son as canvasser is proved to have personally engaged at the election to which such petition relates, as a canvasser or agent (e)

or agent.

(c) See new Consolidated and Revised Statutes, C. Na. s. 97.

66

(d) This seems to conflict with sec. 102 above referred to, as personation is declared by see. 75 to be a corrupt practice," and subornation of personation by sec. 98. (See sec. 98 of new Consolidated Act).

By sec. 97, every candidate who corruptly by himself, or by or with any other person on his behalf, compels or induces, or endeavours to induce any person to personate any voter, or to take any false oath in any matter wherein an oath is required under the Act, shall be guilty of a misdemeanor, and shall in addition to any other punishment to which he may be liable for such offence, be liable to forfeit the sum of $200 to any person suing for the same.

(e) It has been held sufficient to bring the case within this sec., if the agent be appointed with the candidate's knowledge and consent, and that a personal interview with him is not necessary-N. Norfotk, 1 O'M. & H. 238; Norwich, 2 O'M. & H. 40. It has been held in England also that the agent must not be merely one who might be employed to such an extent as might make the candidate responsible for corrupt practices committed by him, but he must be employed in the way of managing at least a portion of the election, though he may not be a paid agent. N. Norfolk, 1 O'M. & H. 239.

in relation to the election, any person, knowing such person has, within eight years previous to such engagement, been found guilty of any corrupt practice, by any competent legal tribunal, or by the report of any judge or other tribunal for the trial of election petitions,

The election of such candidate shall be void.

37 Vic. cap. 9, s. 103.

tice committed

by agent with

If it is found by the report of any Court, judge or corrupt pracother tribunal for the trial of election petitions, that any by candidate or corrupt practice has been committed by any candidate at out knowledge an election, or by his agent, whether with or without the candidate. actual knowledge and consent of such candidate,

The election of such candidate shall be void.

37 Vic. cap. 9, s. 101.

or consent of

bribed, treated,

unduly influen

ced or employed

at election to be

struck off.

Where a candidate on the trial of an election petition Votes of persons claiming the seat for any person, is proved to have been guilty, by himself or by any person on his behalf, of bribery, treating or undue influence in respect of any person who voted at such election, or where any person retained or employed for reward by or on behalf of such candidate for all or any of the purposes of such election, as agent, clerk, messenger or in any other employment, is proved on such trial to have voted at such election,

There shall be struck off from the votes given to such candidate one vote for every person who voted and is proved to have been so bribed (ƒ), treated or unduly influenced, or so retained or employed for reward (g), 37 Vic. c. 9, s. 73, and, under sec. 94, a vote shall be struck off (h) for

(f) It has been held under a similar section of the English Act that a guilty intent in the voter bribed must be proved, Malcolm v. Parry, L. R. 9 C. P. 610; 43 L. J. C. P. 331.

(g) As to persons retained or employed, see Dominion Franchise Act, s. 11, subs. b. and note ante.

(h) By sec. 96, any voter hiring any horse or conveyance for any candidate or his. agent, for the purpose of conveying any voters to or from the poll shall, ipso facto, be disqualified from voting; but, although the offence is a corrupt practice and avoids the

Treating.

Candidate sub

ject to civil and

8. Jens

every person who is proved to have been corruptly treated, even apparently where the petition does not claim the seat.

Under the same sec. (94) the candidate guilty of treating as defined by that section shall forfeit the sum of $200 to any person who shall sue for the same, with full costs of suit, in addition to any other penalty to which he may be liable therefor under any other provision of the Act.

The candidate is also subject to the civil and criminal criminal penal penalties hereinafter referred to, to the same extent as other persons.

ties.

Corrupt Practices.

Disqualification, etc.

PENALTIES ON PERSONS OTHER THAN CANDIDATE.

Any person other than a candidate, found guilty of any corrupt practice in any proceeding in which, after notice of the charge, he has had an opportunity of being heard (hh),

Shall, during the eight years next after the time at which he is so found guilty, be incapable of being elected to, and of sitting in the House of Commons

Shall, during the same eight years, be incapable of voting at any election of a member of the House of Commons

Shall, during the same eight years, be incapable of holding any office in the nomination of the Crown or of the Governor (General) in Canada. 37 Vic. c. 9, s. 104. (See new Consolidated Act, s. 99).

election (see Selkirk case, 4 Sup. Ct. 494), whether his vote or those of other disqualified persons whose names appear on the voters' list can be struck off on the trial of a petition is questionable. See secs. 11, 39 and 58 of the Franchise Act, 48 Vic. c. 40, and notes thereunder ante.

(hh) For procedure to procure conviction for corrupt practices, see 39 Vic. c. 9.