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A.D. 1878. public capacity and duly authorised in that behalf, unless any other penalty or mode of proceeding is expressly provided by law in respect of such disobedience, and is intended to be exclusive of all other punishment therefor.

CHAPTER XI.

BRIBERY. SALE OF OFFICES.

SECTION 76.

BRIBERY OF PUBLIC OFFICERS.

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(a.) Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to imprisonment, who, being a 10 public officer, accepts or obtains, or agrees to accept or attempts to obtain, from any person for himself or for any other person any valuable thing, advantage, or gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show in the exercise 15 of his official functions favour or disfavour to any person, or for rendering or attempting to render any service or dis-service to any person with any other public officer.

(b.) Every person who commits any such offence as aforesaid, with intent or so as to interfere corruptly with the due administration of 20 justice, or to procure or facilitate the commission of any offence indictable or not, or to protect any offender or person intending to commit an offence from detection or punishment, shall be liable to fourteen years penal servitude.

(c.) Every person who gives, offers, or promises to give any such 25 valuable thing, advantage, or gratification to any public servant as such motive or reward as aforesaid shall be guilty of the same offence and liable to the same punishment as the public servant to whom it was given, offered, or promised would be liable to if he accepted it.

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Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to imprisonment, who by any means endeavours to force, persuade, or induce any public officer to do any act which the offender knows to be a violation of such officer's 35 official duty, or to abstain from doing any act which the offender knows it to be the public officer's duty to do.

A.D. 1878.

SECTION 78.

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BRIBERY OF VOTERS.

Everyone shall be guilty of an indictable offence, and shall be liable on conviction thereof to imprisonment, who

(a.) Directly or indirectly, by himself or by any other person on his behalf;

In order to induce any voter to vote or refrain from voting at any election of any member to serve in Parliament, or of any person to serve as mayor, alderman, councillor, auditor, or assessor of a 10 borough or ward of a borough, subject to the provisions of the Act passed in the fifth year of the reign of His late Majesty King William IV., chapter seventy-six ;

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Or corruptly on account of any such voter's having voted or refrained from voting at any such election;

Or in order to induce any person to procure or endeavour to procure the return of any person at any such election, or the vote of any voter at any such election;

(i.) Gives, lends, or agrees to give or lend, or offers, or promises, or promises to procure or endeavour to procure, any money or valuable consideration to or for any person whatever; (ii.) Gives or procures, or agrees to give or procure, or offers, or promises, or promises to procure or endeavour to procure, any office, place, or employment to or for any person whatever; or (b.) Who, in consequence of any such gift, loan, offer, promise, 25 procurement, or engagement (herein-after denoted by the words "bribe " and bribery "), procures or engages, or promises or endeavours to procure, the return of any person in any such election, or the vote of any voter at any such election; or

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(c.) Who advances or pays, or causes to be paid, any money to 30 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 such election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election; or

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(d.) Who, being a voter before or during any such election, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any bribe, for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any such election; or

(e.) Who after any such election, directly or indirectly, by himself or by any other person on his behalf, receives any bribe on account

A.D. 1878. of any person having voted or refrained from voting, or having induced any other person to vote or to refrain from voting:

Provided that nothing in sub-sections (a.), (b.), or (c.) shall extend to any money paid or agreed to be paid for or on account of any legal expenses bonâ fide incurred at or concerning any such election. 5

SECTION 79.

UNDUE INFLUENCE.

Everyone shall be guilty of an indictable offence, and shall be liable on conviction thereof to imprisonment,

(a.) Who, directly or indirectly, by himself or by any other person 10 on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens the infliction by himself or by or through any other person, of any injury, damage, harm, or loss, or in any other manner practices intimidation upon or against any person in order to induce or compel him to vote or refrain from 15 voting, or on account of his having voted or refrained from voting at any such election as is mentioned in the last section; or

(b.) Who, by abduction, or by duress, or by any fraudulent device or contrivance, impedes, prevents, or otherwise interferes with the free exercise of the franchise of any voter, or thereby compels, 20 induces, or prevails upon any voter either to give or to refrain from giving his vote at any such election.

SECTION 80.

SELLING OFFICES.

Everyone shall be guilty of an indictable offence, and shall be 25 liable on conviction thereof to imprisonment, who does any of the following things in respect of any office, or any appointment to or resignation of any office, or any consent to any such appointment or resignation, that is to say, everyone who, directly or indirectly,

(a.) Sells the same, or receives any reward or profit from the sale 30 thereof, or agrees to do so, or purchases, or gives any reward or profit for the purchase thereof, or agrees or promises to do so; or

(b.) Receives or agrees to receive any reward or profit for any interest, request, or negotiation about any office, or under pretence of using any such interest, making any such request, or being con- 35 cerned in any such negotiation; or

(c.) Gives or procures to be given any profit or reward, or makes or procures to be made any agreement for the giving of any profit or reward for any such request or negotiation as aforesaid; or

(d.) Solicits, recommends, or negotiates in any manner as to any 40

appointment to or resignation of any office in expectation of any A.D. 1878. reward or profit; or

(e.) Keeps any office or place for transacting or negotiating any business relating to vacancies in or the sale or purchase of or appoint5 ment to or resignation of offices.

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Nothing herein-before contained shall include-

(i.) Any deputation to any office in any case in which it is lawful
to appoint a deputy, or any agreement lawfully made in respect
of any payment to be made by or to such principal or deputy
respectively, out of the fees or profits of such office; or
(ii.) Any annual reservation, charge, or payment made or required
to be made out of the profits of any office to any person who
has held such office in any commission, or appointment of any
person succeeding to such office, or to any agreement made for
securing such reservation; provided that the amount of such
reservation, and the circumstances and reasons under which it
was permitted, are stated in the instrument of appointment of
the person succeeding to and holding such office and paying or
securing such reservation.

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The word " office" in this section includes

Every office in the gift of the Crown or of any officer appointed by the Crown, and all commissions, civil, naval, and military, and all places or employments in any public department or office whatever in any part of Her Majesty's dominions whatever, and all deputa25 tions to any such office and every participation in the profits of any such office or deputation, except any office of which any person is seised of any estate of inheritance, and any office of parkership, or of keeper of any park-house, manor, garden, or chase, and except any office now legally saleable, and in the gift of any person by 30 virtue of any office of which such person is possessed by virtue of any patent or appointment for his life.

Every person who commits any of the said offences shall forfeit to Her Majesty any interest which he may have in any office in respect of which such offence is committed, and shall be disabled from 35 holding the said office perpetually, and it shall not be lawful to dispense him from such disability.

This section applies to acts done by Her Majesty's natural born and naturalized subjects in any part of the world.

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Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to imprisonment, who by any means

A.D. 1878. whatever, except the production of evidence and argument in open court, attempts to influence or instruct any juryman, or to incline him to be more favourable to the one side than to the other in any judicial proceeding, whether any verdict is given or not, and whether such verdict, if given, is true or false.

SECTION 82.

APPLICATION OF CERTAIN SECTIONS.

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The provisions of sections 70, 71, 72, 76, and 77, shall apply to all Acts done and to all omissions to discharge any legal duty in any part of the world by any person employed by Her Majesty in any 10 civil or military office or employment in any of Her Majesty's Indian or Colonial Possessions in the execution or under colour, or in the exercise of any such office or employment.

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False evidence is an assertion as to a matter of fact, opinion, or belief, made, whether upon oath or otherwise, by a witness as part of the evidence given by him in a judicial proceeding, and not 20 believed by him to be true at the time when it is made.

If the evidence given is false in fact, the burden of proving that he believed it to be true shall be upon the alleged offender. If the evidence given is true in fact, the burden of proving that the alleged offender believed it to be false shall be upon the prosecutor. 25 The expression judicial proceeding" means a proceeding in or under the authority of a court of justice, or relating in any way to the administration of justice, or by which any legal right or liability of any person is or is intended to be legally ascertained.

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Any number of false statements made in the course of the same 30 judicial proceeding shall constitute only one offence against this section.

SECTION 84.

PUNISHMENT OF FALSE EVIDENCE.

Every person who gives false evidence shall be guilty of an in- 35 dictable offence, and shall upon conviction thereof be liable to the punishments herein-after mentioned; that is to say,

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