CHAPTER I.

CORRUPT PRACTICES.

ion Laws.

CORRUPT Practices according to the Dominion Con- Under Domin troverted Elections Act (a) mean Acts in reference to Elections, which are declared to be corrupt practices by "The Dominion Elections Act, 1874," or any other Act of the Parliament of Canada, or recognized as such by the common law of Parliament. The offences declared to be corrupt practices by the Elections Act (b) are bribery, treating and undue influence, as defined by that or any other Act of the Parliament of Canada, personation or the inducing any person to commit personation, or any wilful offence against certain specified sections of the act; which include, besides definitions of the above mentioned offences, (c), the giving or causing to be given to any voter on the nomination day or day of polling, on account of such voter having voted or being about to vote, any meat, drink or refreshment (d), and the hiring. paying or promising to pay for conveyance of voters to or from the poll (e).

(a) 37 Vic., c. 10 s. 4; cap Oa. s 2 of new Revised Act as in Commissioners' Report.

(b) 37 Vic., c. 9, s. 98; Revised Act, s. 92.

(c) See ss. 92, 93, 94, 95 and 97.

(d) See last clause of sec. 94.

(e) See sec. 96.

Under Ontario
Laws.

Effect of corrupt practices on election.

Under the Controverted Elections of Ontario (f), and the Election Law Amendment Act, 1884, the term "Corrupt Practices" covers not only the above offences, but also the furnishing drink or other entertainment to any meeting of Electors, assembled for the purpose of promoting such election (g), the selling or giving of spirituous or fermented liquor or strong drink at any hotel, etc., during the hours of polling (h); betting, or the participation therein, by a candidate upon the result of the election in the electoral district or in any part thereof, or on any event or contingency relating to the election (i), providing money to be used by another in such betting (j), betting by any person for the purpose of influencing an election (k); voting by prohibited persons or inducing or procuring them to vote (l).

Proof of corrupt practices by a candidate or his agent necessarily involves the avoidance of the election, and, if the candidate be personally guilty, his personal disqualification, whether the election be under Dominion or Ontario laws, unless in the latter case the Judges exercises a saving power given them under certain circumstances by the Ontario Election Act (m).

(f) Rev. Stats. Ontario, c. 11, s. 2, subs (6); 47 Vic., c. 4.

(g) Rev. Stats., c. 10, s. 151.

(h) Sec. 157. This offence is confined to hotel-keepers, etc., though a candidate present and participating in such offence will be disqualified, as having suffered a corrupt practice to be committed by or with his actual knowledge and consent. See post; Lennox 2 Ont. El. Cases 41; N. Wentworth, 1 H. E. C. 343.

(i) 47 Vic., c. 4, s. 3 (Ont.).

(j) Ib. subs. (2).

(k) Ib. subs. (3).

(1) Ib. Section 4.

(m) Sec. 162 of the Rev. Stats. Ontario, c. 10; see further, as to effects of corrupt practices, chapter on Penalties, post.

BRIBERY.

By the Dominion Elections Act 1874 (mx), sec. 92, following persons shall be deemed guilty of bribery, shall be punishable accordingly :

(1.) Every person who directly or indirectly, by him- Bribers. self, or by any other person on his behalf, gives, lends or agrees to give or lend, or offers or promises any money, or valuable consideration, or promises to procure or to 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 person in order to induce any voter to vote, or refrain from voting, or corruptly does any such act as aforsaid on account of such voter having voted or refrained from voting at any election;

(2) Every person who, directly or indirectly, by himself, or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers or promises any office, place or employment, or promises to procure, or to endeavour to procure any office, place or employment, to or for any voter, or to or for any other person in order to induce such voter to vote, or refrain from voting, or corruptly does any such act as aforesaid, on account of any voter having voted or refrained from voting at any election;

(3.) Every person who directly or indirectly, by himself or by any other person on his behalf, makes any gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person, in order to induce such person to procure or endeavour to procure the return of

(mx) 37 Vic. c. 9, s. 92. Cap. Na. s. 85 of the Act as revised by the Com

missioners.

Bribees.

any person to serve in the House of Commons, or the vote of any voter at any election;

(4.) Every person, who, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement procures or engages, or promises or endeavours to procure the return of any person to serve in the House of Commons, or the vote of any voter at any election;

(5.) Every person who advances or pays, or causes to be paid, any money to or for the use of any other person, with the intent that such money or any part thereof shall be expended in bribery, or corrupt practices at any 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 or corrupt practices at any election;

And any person so offending shall be guilty of a misdemeanor, and shall also be liable to forfeit the sum of two hundred dollars, to any person who shall sue for the same, with full costs of suit (n): provided always, that the actual personal expenses of any candidate, his expenses for actual professional services performed, and bona fide payments for the fair cost of printing and advertising, shall be held to be expenses lawfully incurred, and the payment thereof shall not be a contravention of this Act.

By Section 93 of the same act (o), the following persons shall be deemed guilty of bribery, and shall be punishable accordingly

(1.) Every voter who, before or during any election, directly or indirectly, himself or by any other person on

(n) See chapters on Penalties, post. These acts on the part of a candidate or his agent, void his election. :

(0) See s. 86 of the revised Act.