II. The following persons shall be deemed guilty of bribery, and shall be punishable accordingly : 1. Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer, promise, or promise to procure or to endeavour to procure, any money, or valuable consideration, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce any voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such voter having voted or refrained from voting at any election: 2. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure or to endeavour to procure, any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting at any election: 3. Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person, in order to induce such person to procure, or endeavour to procure, the return of any person to serve in Parliament, or the vote of any voter at any election: 4. Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise, or endeavour to procure the return of any person to serve in Parlia ment, or the vote of any voter at any election : 5. Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election: And any person so offending shall be guilty of a misdemeanor, and in Scotland of an offence punishable by fine and imprisonment, and shall also be liable to forfeit the sum of one hundred pounds to any person who shall sue for the Bribery defined. Bribery further defined. Penalty. Treating defined. Penalty. same, together with full costs of suit: provided always, that the aforesaid enactment shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bona fide incurred at or concerning any election. III. The following persons shall also be deemed guilty of bribery, and shall be punishable accordingly : 1. Every voter who shall, before or during any election, directly or indirectly, by himself or by any other per son on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting, at any election: 2. Every person who shall, after any election, directly or indirectly, by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or to refrain from voting, at any election: And any person so offending shall be guilty of a misdemeanor, and in Scotland of an offence punishable by fine and imprisonment, and shall also be liable to forfeit the sum of ten pounds to any person who shall sue for the same, together with full costs of suit. IV. Every candidate at an election, who shall corruptly by himself, or by or with any person, or by any other ways or means on his behalf, at any time, either before, during, or after any election, directly or indirectly give or provide, or cause to be given or provided, or shall be accessory to the giving or providing, or shall pay, wholly or in part, any expenses incurred for any meat, drink, entertainment, or provision to or for any person, in order to be elected, or for being elected, or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such election, or on account of such person having voted or refrained from voting, or being about to vote or refrain from voting, at such election, shall be deemed guilty of the offence of treating, and shall forfeit the sum of fifty pounds to any person who shall sue for the same, with full costs of suit, and every voter who shall corruptly accept or take any such meat, drink, entertainment, or provision, shall be incapable of voting at such election, and his vote, if given, shall be utterly void and of none effect. finence de fined. V. Every person who shall, directly or indirectly, by Undue inhimself, or by any other person on his behalf, make use of, or threaten to make use of, any force, violence, or restraint, or inflict or threaten the infliction, by himself or by or through any other person, of any injury, damage, harm, or loss, or in any other manner practise intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting, at any election, or who shall, by abduction, duress, or any fraudulent device or contrivance, impede, prevent, or otherwise interfere with the free exercise of the franchise of any voter, or shall thereby compel, induce, or prevail upon any voter, either to give or to refrain from giving his vote at any election, shall be deemed to have committed the offence of undue influence, and shall be guilty of a misdemeanor, and in Scotland of an Penalty. offence punishable by fine or imprisonment, and shall also be liable to forfeit the sum of fifty pounds to any person who shall sue for the same, together with full costs of suit. VI. Whenever it shall be proved before the revising Names of barrister that any person who is or claims to be placed on the list or register of voters for any county, city, or borough of register, has been convicted of bribery or undue influence at an elec- and inserted tion, or that judgment has been obtained against any such person for any penal sum hereby made recoverable in respect of the offences of bribery, treating, or undue influence, or either of them, then and in that case such revising barrister shall, in case the name of such person is in the list of voters, expunge the same therefrom, or shall, in case such person is claiming to have his name inserted therein, disallow such claim; and the names of all persons whose names shall be so expunged from the list of voters, and whose claims shall be so disallowed, shall be thereupon inserted in a separate list, to be entitled "The List of Persons disqualified for Bribery, Treating, or undue Influence," which last mentioned list shall be appended to the list or register of voters, and shall be printed and published therewith, wherever the same shall be or is required to be printed or published. offenders to be struck out in separate list. &c. to be VII. No candidate before, during, or after any election No cockades, shall in regard to such election, by himself or agent, directly given at or indirectly, give or provide to or for any person having a elections. vote at such election, or to or for any inhabitant of the county, city, borough, or place for which such election is had, any cockade, ribbon, or other mark of distinction; and Penalty. Voters not to serve as special constables dur every person so giving or providing shall for every such offence forfeit the sum of two pounds to such person as shall sue for the same, together with full costs of suit; and all payments made for or on account of any chairing, or any such cockade, ribbon, or mark of distinction as aforesaid, or of any bands of music or flags or banners, shall be deemed illegal payments within this act. VIII. No person having a right to yote at the election for any county, city, borough, or other place shall be liable or compelled to serve as a special constable at or during ing elections. any election for a member or members to serve in Parliament for such county, city, borough, or other place, unless he shall consent so to act; and he shall not be liable to any fine, penalty, or punishment whatever for refusing so to act, any statute, law, or usage to the contrary notwithstanding. Penalties, how to be recovered. Costs and expenses of prosecutions. Returning notice of election. IX. The pecuniary penalties hereby imposed for the offences of bribery, treating, or undue influence respectively shall be recoverable by action or suit by any person who shall sue for the same in any of her Majesty's Superior Courts at Westminster, if the offence be committed in England or Wales, and in any of her Majesty's Superior Courts in Dublin, if the offence be committed in Ireland, and in or before the court of session if the offence be committed in Scotland, and not otherwise. X. It shall be lawful for any criminal court, before which any prosecution shall be instituted for any offence against the provisions of this act, to order payment to the prosecutor of such costs and expenses as to the said court shall appear to have been reasonably incurred in and about the conduct of such prosecution: provided always, that no indictment for bribery or undue influence shall be triable before any court of quarter sessions. XI. For the more effectual observance of this act, every officer to give returning officer to whom the execution of any writ or precept for electing any member or members to serve in Parliament may appertain or belong shall, in lieu of the proclamation or notice of election heretofore used, publish or cause to be published such proclamation or notice of election as is mentioned in schedule (B) to this act, or to the like effect. In cases of private pro secutions, if judgment be given for the XII. In case of any indictment or information by a private prosecutor for any offence against the provisions of this act, if judgment shall be given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of such indictment or informa- defendant, tion, such costs to be taxed by the proper officer of the court in which such judgment shall be given. pay he shall recover costs from the prosecutor. Prosecutor not to be en entered into XIII. It shall not be lawful for any court to order ment of the costs of a prosecution for any offence against the provisions of this act, unless the prosecutor shall, before titled to costs or upon the finding of the indictment or the granting of the unless he information, enter into a recognizance, with two sufficent shall have sureties, in the sum of two hundred pounds (to be ac- a recogniknowledged in like manner as is now required in cases of zance to conduct prosewrits of certiorari awarded at the instance of a defendant in cution and an indictment), with the conditions following; that is to say, pay costs. that the prosecutor shall conduct the prosecution with effect, and shall pay to the defendant or defendants, in case he or they shall be acquitted, his or their costs. XIV. No person shall be liable to any penalty or forfeiture Limitation hereby enacted or imposed, unless some prosecution, action, of actions. or suit for the offence committed shall be commenced against such person within the space of one year next after such offence against this act shall be committed, and unless such person shall be summoned or otherwise served with writ or process within the same space of time, so as such summons or service of writ or process shall not be prevented by such person absconding or withdrawing out of the jurisdiction of the court out of which such writ or other process shall have issued; and in case of any such prosecution, suit, or process as aforesaid, the same shall be proceeded with and carried on without any wilful delay. officers to XV. Whereas it is expedient to make further provision Power to for preventing the offences of bribery, treating, and undue returning influence, and also for diminishing the expenses of elections: appoint elecbe it enacted, that within six days after the passing of this tion auditors. act the returning officers of the city of Canterbury, the boroughs of Cambridge, Kingston-upon-Hull, Maldon, and Barnstaple, and once in every year, in the month of August, the returning officer of every county, city, and borough shall appoint a fit and proper person to be an election officer, to be called "Election Auditor or Auditor of Election Expenses," to act at any election or elections for and during the year then next ensuing, and until another appointment of election auditor shall be made; and such returning officer shall, in such way as he shall think best, give public notice of such appointment in such county, city, or borough; provided, that any person appointed an election auditor may be re-appointed as often as the returning officer for the time being shall |