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1854, s. 3.
cerning any election.” As to what constitutes legal expenses under the new Act, see ss. 24 et seq. and Schedules.
In any case, “it ought to be thoroughly understood, that this proviso relates merely to the expenses of the candidate, and not to the expenses of any other person. It does not relate to the expenses of voters; to pay the expenses of voters on condition of their voting or abstaining from voting, is unquestionably bribery” (pr. Willes, J., Coventry, 1 0. & H. 101).
The third section, dealing with those who accept C P. Act, bribes, contains the following enactments :
“ The following persons shall also be deemed "guilty of bribery, and shall be punishable ac“cordingly.
“ (1.) Every voter who shall, before or during 6 any election, directly or indirectly, by himself “or by any other person on his behalf, receive,
agree, or contract for, any money, gift, loan or “ valuable consideration, office, place, or employ
ment, for himself, or for any other person, for
any money or " valuable consideration on account of any person
having voted or refrained from voting, or having “ induced any other person to vote or to refrain “from voting at any election."
The prohibitions contained in the first of these
clauses correspond to those directed against bribers
omitting all mention of the offering to be bribed. Offering to be Such asking for a bribe was in fact constituted an
offence by 2 Geo. II. c. 24, but that statute was re-
Every voter-not every person, as in the second
Before or during an election.—The next clause deals with the case of persons, whether voters or not, receiving “money or valuable consideration” (but not “gifts, loans, offices, or employment”) after an election.
Money gift, &c.—See notes on s. 2 above.
The voter will be equally liable under both clauses, whether he deals directly or indirectly (see note
above, p. 42), and personally or through some
For agreeing to vote.—The mere agreement to vote
The clause includes also those cases where the voter,
Persons bribed by corrupt payment of rates,
by means of false pretences, obtains money, &c., from a person who gives it bona fide (Cambridge, W. & D. 42).
On the other hand, a voter may unintentionally become the recipient of what was intended by the giver to be a bribe, e.g., where a person corruptly gives money to voters for loss of time in the Revising Barrister's Court, which the voters receive honestly and bona fide, because they believe they are entitled thereto. “ If,” said Lord Blackburn (Taunton, 10. & H. 184), “a voter honestly and bona fide comes forward in that way, I do not, as at present advised, think it would be bribery on his part within the meaning of 17 & 18 Vic. c. 102, s. 3 (1). It is a question of fact.”
The 49th section of the R. P. Acts, 1867 & 1868, which declares the corrupt payment of rates to be an act of bribery, and also the corresponding enactment as to the Scotch Universities (44 & 45 Vic. c. 40, s. 2), provide that “such person on whose behalf and with whose privity any such payment is made shall also be guilty of bribery, and punishable accordingly.”
The Ballot Act, 1872 (s. 25), provides for the striking off of votes, on a scrutiny in cases of bribery, treating, or undue influence (see, infra, p. 383).
The second clause is to be distinguished from the first in the following particulars :
(a) It is directed against “every person
who, &c., so that the passive recipient of a bribe, whether a man or woman,
C. P. Act, 1854, s. 3, s.-8. 2.
and whether possessing a claim to the
franchise or not, is equally punishable.
happen after an election; and
intention need be proved.
As to the meaning of valuable consideration, see notes supra, p. 73.
The mere taking of money by one who has voted after an election is evidence from which a jury would be justified in inferring a previous contract (R. v. Thwaites, 22 L. J. Q. B. 238; Harwich, 30. & H. 71, supra, p. 88).
This clause goes still further, and makes it No corrupt bribery merely to receive money or valuable consideration on account of a vote, the omission of the word "corruptly," which is used in the corresponding clauses about bribers, rendering it apparently unnecessary to establish any corrupt previous agreement. But where the bribe has taken the form of a “gift, loan, office, place, or employment," made after the election, a previous agreement must be proved, which then brings the offence under the first sub-section, otherwise it is no offence.
The bribe may be taken either directly or indirectly by the voter himself, or by any
by any other person on his behalf, but not, as in the clause above, “ for any other person.” At the same time, the transaction need not necessarily relate to his own vote, but is equally bribery, whether it affects the vote of