his office. The offence is a misdemeanor. Even the attempt to procure an appointment by offering a sum of money to a cabinet minister was punished as a misdemeanor (x). By particular statutes it has also been provided that Consequences of trafficking persons selling public offices shall lose all right to the in public appointment, and the buyers shall not only be rejected, offices. but also be disabled from ever holding such office (y). Those buying or selling, or receiving or paying money or rewards for offices, are guilty of a misdemeanor (2). So also are persons who do not thus directly buy or sell, but who pay money for soliciting or obtaining offices, or any negotiations or pretended negotiations relating thereto (a). Certain other offences in connection with the traffic in offices (b) are dealt with; and certain exceptions are made, for example, the sale of commissions in the army (c). ii. Bribery at elections. As to parliamentary elections.—The law on this sub- Bribery at parliamentary ject was contained chiefly in the Corrupt Practices Pre- elections. vention Act, 1854 (d), amended by later statutes, which to the extent mentioned below are repealed by the Corrupt and Illegal Practices Prevention Act, 1883 (e). (x) R. v. Vaughan, 4 Burr. 2494. (y) 5 & 6 Edw. 6, c. 16, s. 2; 49 Geo. 3, c. 126, s. 1. (z) 49 Geo. 3, c. 126, s. 3. (a) Ibid. s. 4. (b) As to what offices are within the statute, v. 1 Russ. 311; 3 Chitty, St. 465. (c) It is almost needless to remind the reader that the force of this exception was taken away by the Royal Warrant of July 1871, abolishing purchase. v. 34 & 35 Vict. c. 86. (d) 17 & 18 Vict. c. 102, amended by 21 & 22 Vict. c. 87; 26 Vict. c. 29; 30 & 31 Vict. c. 102, s. 49; 31 & 32 Vict. c. 125, ss. 43-47. As to these Acts, the Corrupt Practices Act of 1883 has repealed the following, viz.: ss. 1, 4, 5, 6, 9, 14, 23, 36, 39, and parts of 2, 3, and 38 of the first of these Acts; the whole of the second, the whole of the third except s. 6, part of s. 34 of the fourth, and ss. 43, 45, 46, and 47 of the fifth. (e) 46 & 47 Vict. c. 51. On the part of the candidate. This Act and the Corrupt Practices Prevention Act (f), that is, the unrepealed parts of them, are to be cited together as the Corrupt Practices Prevention Acts, 1854 to 1883, and contain the law on the subject. The offences declared to be bribery on the part of the candidate or his agents are the following: (a.) To, directly or indirectly, by himself, or by any other person on his behalf, give, lend, or agree to give or lend; or offer, promise, or promise to procure, or to endeavour to procure, any money, or valuable consideration (g), 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 to corruptly do any such act as aforesaid on account of such voter having voted or refrained from voting at any election. An offer to pay rates, &c., has been since included in this offence (h). (b.) To give, &c., any office, place, or employment, under the same circumstances (i). (c.) To do any of the things mentioned above, in order to induce the person benefited to procure, or endeavour to procure, the return of any person, or any vote (i). (d.) The act of the person so procuring, &c. (i). (e.) To pay, &c., money, with the intent that it shall be expended in bribery; or knowingly to pay it in discharge of what has been so expended (i). Besides these, there are other offences on the part of (f) 17 & 18 Vict. c. 102; 26 & 27 Vict. c. 29; 31 & 32 Vict. c. 125; 35 & 36 Vict. c. 33; 42 & 43 Vict. c. 75. (g) 17 & 18 Vict. c. 102, ss. 2 and 3. (h) 30 & 31 Vict. c. 102, s. 49. (i) 17 & 18 Vict. c. 102, s. 2. the candidate or his agents declared by the Act of 1883, and comprised in the terms "corrupt practice," viz. : A. Treating and undue influence as defined by the Act of 1883. B. Bribery and personation as defined by the Acts of 1854, 1867, 1868, and 1872. C. Illegal practice as defined by the Act of 1883. Treating is thus defined :-To directly or indirectly give or provide or pay wholly or in part the expense of giving or providing any meat, drink, entertainment or provision to or for any person, for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at the election, or on account of such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at such election (j). Undue influence is thus defined:-To directly or indirectly make use of or threaten to make use of any force, violence, or restraint, or inflict or threaten to inflict any temporal or spiritual injury, damage, harm, or loss 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 by abduction, duress, or any fraudulent device or contrivance to impede or prevent the free exercise of the franchise of any elector, or thereby to compel, induce, or prevail upon any elector either to give or refrain from giving his vote at any election (k). The definition of bribery has already been given (supra). (j) 46 & 47 Vict. c. 51, s. 1. (k) Ibid. s. 2. Personation is thus defined :-To apply for a ballotpaper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person, or, having once voted at any election, to apply at the same election for a ballot-paper in his own name (1). Illegal practice consists of the following: 1. To make a payment or contract for payment for the purpose of promoting or procuring the election of a candidate (a.) On account of the conveyance of electors to or from the poll, whether for the hiring of horses or carriages, or for railway fares or otherwise; (b.) On account of the use of any house, land, building, or premises for, or on account of, the exhibition of any address, bill, or notice; (c.) On account of any committee-room in excess of the numbers allowed (m). 2. To incur expense in excess of the maximum allowed (n). The commission of any corrupt practice other than personation is a misdemeanor, and is punishable by imprisonment for a term not exceeding one year, or a fine not exceeding £200 (0). The offence of personation is a felony, and is punish (l) 35 & 36 Vict. c. 33, s. 24. (0) Ibid. s. 6. able by imprisonment for a term not exceeding two years with hard labour (0). The commission of an illegal practice is punishable on summary conviction by a fine not exceeding £100 (p). of the voter. The following are offences on the part of the voter, On the part in addition to such of the above-mentioned as applicable to a voter : A. Bribery, which is further defined thus: are (1.) To directly or indirectly receive, agree, or (2.) To directly or indirectly receive any money B. Illegal practice, which consists also of the follow- (1.) To vote or induce or procure any person (2.) To knowingly publish a false statement (p) 46 & 47 Vict. c. 51, s. 10. |