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TABLE OF CASES.

PAGE

Aldridge v. Hurst

140, 142, 150

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Barnstaple

173 Beal v. Smith

144 Belfast.

. 25, 34 Berwick 144, 150, 153, 155, 156,

157, 160, 166 Beverley

19, 162 Bewdley 37, 42, 68, 71, 73, 75, 81,

144, 165 Blackburn 6, 10, 52, 66, 69, 76, 162 Bodmin

69 Bolton

59, 72, 145, 166 Boston

11, 16, 29, 149, 165 Bradford 9, 41, 42, 103, 159, 163 Bradlaugh v. Clarke

129 Brecon

9, 43, 142 Bridgwater

84 Bristol

21, 145 Britt v. Robinson

40

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21,

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Carrickfergus

14, 29 Carter v. Mills

135 Cashel

75 Wallond

140, 144 Clark's Case

56 Clitheroe

155 Cheltenham

7, 19, 159, 163 Chester

146, 159 Cooper v. Slade .

15, 16, 37 Coventry 15, 33, 40, 56, 145, 158, 166

Kidderminster
King's Lynn
Kingston-upon-Hull .
Kirkwood v. Webster
Knaresborough

7, 39, 136

161 139 171 158

22, 26

Dover
Down
Drinkwater v. Deakin
Drogheda
Dublin
Dudley
Durham

Launceston
Lenham v. Barber

144
Lichfield 49, 50, 103, 160, 161
Limerick
Longford 27, 39, 53, 105, 144, 165
Lord Rendlesham v. Haward

163 49, 55

155 104, 162 15, 68

105 12, 69

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82, 105

97 Londonderry

11, 72, 80, 160 Louth

39, 43

Mackley v. Chillingworth
Malcolm v. Parry
Mallow

173 84, 154, 156

7, 146 8, 103

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.

27, 38, 41,

23, 146

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Wakefield

80 Wallingford

165 Waterford Wells v. Wren

143 Wentworth v. Lloyd

171 Westbury, 25, 42, 52, 69, 73, 77, 165 Westminster 6, 14, 41, 61, 73, 75,

77, 145, 161, 162, 165 31, 42, 78, 145, 146, 149,

159, 165 Wigtown Will's Case

56 Windsor (1) 8, 25, 26, 28, 45, 48, 51,

68, 69, 162 Windsor (2)

51, 73, 162 Woodward v. Sarsons

155, 166 Worcester

160, 166

Wigan

155, 166

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Salford 10, 85, 105, 106, 136, 145, 163 Salisbury (1)

13, 73, 164 Salisbury (2)

31, 73, 105 Sandwich

14 Shrewsbury

10, 73, 138, 140 Sligo Southampton 7, 20, 27, 86, 153, 163, 171

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THE

LAW RELATING TO CORRUPT PRACTICES

AT ELECTIONS.

WE purpose treating of the law relating to corrupt and

illegal practices at elections; first, with reference to the effect of corrupt and illegal acts upon the Seat, and, secondly, with reference to their consequences to Individuals.

PART I.

THE FORFEITURE OF THE SEAT.

An election, upon petition, is avoided and the seat forfeited by:

I. Any corrupt act committed by the sitting member or any one of his agents, or by-

II. Any of the illegal practices enacted by Sections 7 and 28 of the Act of 1883, whether committed by the sitting member or any one of his agents, or by

III. Any illegal practice enacted by the Act of 1883, committed by the sitting member, or by his election agent, or by~

IV. The employment of an agent convicted of or reported for corrupt practices by the candidate personally, or by

V. General corruption by whomsoever committed, subject in certain cases to the possibility of relief under Section 22, 23, or 34 of the Act of 1883.

CHAPTER I.

CORRUPT PRACTICES.

CORRUPT PRACTICES are expressly defined by the Act of 1883. Section 3 is as follows:

“ The expression, corrupt practice, as used in this Act, means any of the following offences, namely: Treating and undue influence, as defined by this Act, and bribery, and personation as defined by the enactments set forth in Part 3 of the 3rd Schedule to this Act, and aiding and abetting, counselling and procuring the commission of the offence of personation, and every offence which is a corrupt practice within the meaning of this Act shall be a corrupt practice within the meaning of the Parliamentary Elections Act, 1868."

And Section 33 of the Act of 1883makes it a corrupt practice knowingly to make a false declaration accompanying the return of election expenses.

Therefore, under the first head of corrupt practices, it appears that an election is defeated and the sitting member loses his seat if he is guilty of any of the following acts, viz., either

1, BRIBERY; 2. TREATING; 3. UNDUE INFLUENCE; 4. PERSONATION AND AIDING, ABETTING, COUNSELLING,

AND PROCURING THE COMMISSION OF PERSONATION; 5. A FALSE DECLARATION; whether any one of these corrupt acts is committed by him personally, or by anyone whom the law construes as his agent for the purposes of the election.

It is proposed, in the first instance, to examine the authorities as to what constitutes the offences named, and then to discuss the meaning which has been given to the word “agent” in this connection.

SECTION 1.-BRIBERY.

definitions of

The Act of 1883 contains no new definition of bribery. On the contrary, Section 3, already quoted, expressly incorporates the definitions of bribery contained in former Corrupt Practices Prevention Acts into the Act of 1883, and in the third schedule of the Act those definitions are set out in detail. It is necessary that in this place we should give Statutory their full text. Section 2 of the Corrupt Practices Pre- bribery. vention Act, 1854 (the 17 &.18 Vic. c. 102), provides :

17 & 18 Vic.

c. 102, s. 2. “ The following persons shall be deemed guilty of bribery, and shall be punishable accordingly, “ 1. Every person who shall, directly or indirectly, by him- Sub-sec. 1.

self 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 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 him- Sub-sec. 2.

self or by any other person on his behalf, give or
promise, or agree to give or procure, or offer, pro-
mise, 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 him- Sub-sec. 3.

self or by any other person on his behalf, make
any such gift, loan, offer, promise, procurement, or

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