Page images
PDF
EPUB
[merged small][merged small][merged small][merged small][ocr errors]

PAGE Galway (1) 50, 54, 102, 106, 136, 163 Galway (2)

101 Gloucester

55, 142 Gravesend 21, 26, 80, 150, 165 Greenock

158 Guildford.

6, 160

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 Robinson

40

[merged small][ocr errors]

Britt v.

21,

[blocks in formation]

Mackley r. Chillingworth .

173 Malcolm ». Parry

84, 154, 156 Mallow

7, 146

[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]
[blocks in formation]

.

Wakefield

80 Wallingford

27, 38, 41, 165 Waterford

23, 146 Wells v. Wren

143 Wentworth v. Lloyd

171 W'estbury, 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

155, 166 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

Wigan

[blocks in formation]
[ocr errors]

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

160, 166

8, 103

Yates v. Leach
Yorkshire, S.W. Riding
Youghal

135, 155

145, 153 26, 41, 43, 85

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 ccrrupt 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.

[ocr errors]

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, A BETTING, 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 I. -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 employmeut 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

« EelmineJätka »