conviction, for every such offence to a penalty not exceeding twenty pounds. This section is repealed by sec. 28 of the 36 & 37 Vict., c. 86, post. The offence of personation is provided for by the Municipal Elections (Corrupt and Illegal Practices) Act, 1884. See Appendix, p. 377. Penalty for forging or falsifying any Voting Paper, 90. If any person knowingly personate and falsely assume to vote in the name of any person entitled to vote in any election under this Act, or forge or in any way falsify any name or writing in any paper purporting to contain the vote or votes of any person voting in any such election, or (1) by any contrivance attempt to obstruct or prevent the purposes of any such election, or wilfully contravene any regulation made by the Education Department under the second Schedule of this Act with respect to the election, the contravention of which is expressed to involve a penalty (2), the person so offending shall, upon summary conviction, be liable to a penalty of not more than fifty pounds, and in default of payment thereof to be imprisoned for a term not exceeding six months. (3) (1) The words in this section from "knowingly personate" to "voting in any such election or" are repealed by sec. 28 of the 36 & 37 Vict., c. 86, post. (2) The orders of the Education Department with regard to the elections of school boards in boroughs and parishes contain a clause to the effect that "the provisions of secs. 3, 4, 11 and 24 of the Ballot Act, 1872," shall be deemed to be regulations contained in the order, which involve a penalty within the meaning of this section. The sections referred to are those which relate to offences in respect of nomination papers, ballot papers and ballot boxes, infringement of secrecy, liability of officers for misconduct, and definition and punishment of personation. The sections of the Ballot Act, 1872, which under the Regulations of the Education Department with regard to the elections of school boards in boroughs and parishes are to be deemed to be regulations involving a penalty within the meaning of this section are as follows:— Offences in respect of Nomination Papers, Ballot Papers and Ballot Boxes. "Every person who (1.) Forges and fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the returning officer any nomination paper, knowing the same to be forged; or (2.) Forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; or (3.) Without due authority supplies any ballot paper to any person; or (4.) Fraudulently puts into any ballot box any paper other than the shall be guilty of a misdemeanor, and be liable, if he is a returning officer or an officer or clerk in attendance at a polling station, to imprisonment for any term not exceeding two years, with or without hard labour, and if he is any other person, to imprisonment for any term not exceeding six months, with or without hard labour. "Any attempt to commit any offence specified in this section shall be punishable in the manner in which the offence itself is punishable. "In any indictment or other prosecution for an offence in relation to the nomination papers, ballot boxes, ballot papers, and marking instruments at an election, the property in such papers, boxes, and instruments may be stated to be in the returning officer at such election, as well as the property in the counterfoils" (sec. 3). 66 Infringement of Secrecy. "Every officer, clerk, and agent in attendance at a polling station shall maintain and aid in maintaining the secrecy of the voting in such station, and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person any information as to the name or number on the register of voters of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark; and no such officer, clerk, or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station. Every officer, clerk, and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper. No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same, so as to make known to any person the name of the candidate for or against whom he has so marked his vote. Every person who acts in contravention of the provisions of this section shall be liable, on summary conviction before two justices of the peace, to imprisonment for any term not exceeding six months, with or without hard labour" (sec. 4). Liability of Officers for Misconduct. "Every returning officer, presiding officer, and clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of this Act shall, in addition to any other penalty or liability to which he may be subject, forfeit to any person aggrieved by such misfeasance, act, or omission, a penal sum not exceeding one hundred pounds. "Section 50 of the Representation of the People Act, 1867" (which relates to the acting of any returning officer, or his partner or clerk, as agent for a candidate), "shall apply to any returning officer or officer appointed by him in pursuance of this Act, and to his partner or clerk " (sec. 11). Definition and Punishment of Personation. The following enactments shall be made with respect to personation at parliamentary and municipal elections : 66 A person shall for all purposes of the laws relating to parliamentary and municipal elections be deemed to be guilty of the offence of personation who at an election for a county or borough, or at a municipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who having voted once at any such election applies at the same election for a ballot paper in his own name. "It shall be the duty of the returning officer to institute a prosecution against any person whom he may believe to have been guilty of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of personation by any person, at the election for which he is returning officer, and the costs and expenses of the prosecutor and the witnesses in such case, together with compensation for their trouble and loss of time, shall be allowed by the court in the same manner in which courts are empowered to allow the same in cases of felony" (sec. 24 SO far as unrepealed). With regard to the section as to infringement of secrecy, see Stannanought v. Hazeldine (L. R., 4 C. P. D. 191; 48 L. J., M. C. 89 ; 40 L. T., N.S. 589; 27 W. R., 620). In that case it appeared that a personating agent, in attendance at a polling station in connection with the election of a councillor, left the polling station without the permission of the presiding officer, and took with him the part of the burgess roll in which he had ticked the names of the persons who had applied for ballot papers. On his return in about a quarter of an hour, when asked by the presiding officer where his part of the burgess roll was, he replied that he was not going to work for no hing, and as his committee had not supplied him with any refreshments he had given up his part of the burgess roll to them. The fact that the part of the burgess roll was left in the committee room of the candidate by whom he was employed was admitted, but there was no evidence that any person had looked at it whilst it was in the committee room, or had obtained any information from it. It was held that there was not sufficient evidence to warrant a conviction under this section, as there was no proof that the information as to the voters was actually communicated to any person. In order to justify a conviction it must be shown that the information reached the mind of some person, and it was not enough to show that means of acquiring the information had been afforded. As regards sec. 11 of the Ballot Act, which is set forth above, as to the liability of officers for misconduct, see Pickering v. James, Law Rep., 8 C. P. 489; 42 L. J., C. P. 217: 29 L. T., N.S., 211. In that case it was alleged that at a municipal election, the defendant, as presiding officer, delivered to certain of the voters ballot papers not having the official mark, and that he failed to ascertain that the ballot papers had not the official mark when they were placed in the ballot box. One of the candidates, Thomas Startin, was declared to be elected by a majority of three votes. The unsuccessful candidate petitioned against the return, but on the hearing of the petition certain of his votes were struck off, on the ground that the ballot papers did not bear the official mark; and by reason of the neglect of the returning officer, and the loss of these votes, he was prevented from being elected, and lost the expense he was put to in endeavouring to procure his election, and in prosecuting the petition. It was further alleged that the presiding officer was not present, so that the voters could not show him the official mark, and that he wilfully neglected to perform the duties devolving on him. The penalty of 100l. for the omission of duty on the part of the presiding officer was therefore claimed. It was held that the presiding officer, having undertaken and entered upon a ministerial duty, was liable for the negligent performance of the same, but that he was not responsible for the negligence of his clerk in the performance of such duties as he might legally delegate to him, as the relation of master and servant did not exist between them; and that when the presiding officer or clerk commits a breach of duty, he is liable to an action for damages though the breach be not wilful or malicious. It was further held that it is the duty of the presiding officer, or a clerk deputed by him, whichever of them in fact undertakes it, to deliver to the voters ballot papers bearing the official mark, and to be present, so that each voter, before placing his ballot paper in the box, can show to him the official mark on the back; but prima facie, and in the absence of it appearing that a clerk has been deputed by the presiding officer to fulfil it, the duty lies on such officer. The Court were divided in opinion as to whether there is a similar duty as to ascertaining before the voters put their ballot papers in the box whether they are properly marked with the official mark. Keating, J., and Brett, J., held that there was; and Bovill, C.J., and Grove, J., that there was not. With respect to sec. 20 of the Ballot Act, as to "definition and punishment of personation," it is to be observed that the Municipal Corporations (Corrupt and Illegal Practices) Act, 1884 (see Appendix, p. 377), also provides for the offence of personation in a school board election. In R. v. Fox (16 Cox C.C. 166) it was held that when a man applied to the presiding officer for a ballot paper in a name other than his name of origin, or in the name by which he was generally known, but in a name which appeared on the register of voters, and which was inserted therein by the overseers in the belief that it was the name of the applicant and for the purpose of putting him on the register, he was entitled to vote, and was not a person who applied for a ballot paper in the name of some other person so as to be guilty of the offence of personation. As regards the effect of the regulations of the Education Department declaring certain provisions of the Ballot Act, 1872, to be regulations which involve a penalty within the meaning of this section, the case of R. v. Harper may be referred to. The prisoner was charged before Baron Huddleston at the Lincoln Assizes on 20th July, 1880, with personating a voter at a school board election at Grimsby. He was indicted under sec. 24 of the Ballot Act, 1872, under which the offence of personation was a felony. By the 36 & 37 Vict., c. 86, sched. II. 1 (b), post, the Ballot Act is made applicable to the election of a school board subject to any exceptions or modifications contained in an Order of the Education Department. Under the Order as to elections issued by the Department, the provisions of sec. 24 of the Ballot Act as to personation are to be deemed to be regulations contained in the Order which involve a penalty. The contravention of a regulation of the Education Department which is expressed to involve a penalty renders the person offending liable upon summary conviction to a penalty of not more than 50%., and in default of payment to be imprisoned for a term not exceeding six months. For the prisoner it was contended that, by the Order of the Education Department, the Ballot Act in its application to school board elections was modified so as to reduce personation from the category of felonies to that of offences summarily punishable under the Education Act, 1870, and that consequently the prisoner could not be dealt with by that court. To this opinion the judge strongly inclined, but after consultation with Mr. Justice Field agreed to reserve the point, if necessary. The prisoner was, however, acquitted (Times, 21 July, 1880). It may be observed that the part of sec. 24 of the Ballot Act which rendered personation or aiding, abetting, counselling or procuring the commission of the offence of personation, a felony punishable by imprisonment with hard labour, was repealed by The Corrupt and Illegal Practices Prevention Act, 1883. (3) As to proceedings for penalties, see secs. 23 and 24 of the 36 & 37 Vict., c. 86, post. Corrupt Practices. 91. Any person who at the election of any member of a school board or any officer appointed for the purpose of such election is guilty of corrupt practices shall, on conviction, for each offence be liable to a penalty not exceeding two pounds, and be disqualified for the term of six years after such election from exercising any franchise at any election under this Act, or at any municipal or parliamentary election. The term corrupt practices in this section includes all bribery, treating, and undue influence which under any Act relating to a parliamentary election renders such election void. As regards parliamentary elections, "bribery" is defined by the Corrupt Practices Prevention Act, 1854 (17 & 18 Vict., c. 102, secs. 2, 3), and the Representation of the People Act, 1867 (30 & 31 Vict., c. 102, S. 49), and "treating" and "undue influence" are defined by the Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict., c. 51, secs. 1, 2). Where, upon the trial of an election petition, the election court reports that any corrupt practice other than treating or undue influence has been proved to have been committed in reference to a parliamentary election by or with the knowledge and consent of any candidate at such election, or that the offence of treating or undue influence has been proved to have been committed in reference to the election by any candidate at the election, the election of such candidate is void. The election of a candidate is also void if in reference to the election the election court reports that he has been guilty by his agents of any corrupt practice (see secs. 4 and 5 of the Corrupt and Illegal Practices Prevention Act, 1883). The following decisions may be referred to in connection with the question as to what constitutes bribery and treating :— |