INCAPACITIES AND PENALTIES. INCAPACITIES. PENALTY IN ACTION. (1.) Of registration as an elector or voting in any election (Parliamentary or otherwise) in the United Kingdom, for seven years from conviction, s. 6 (3), or sentence of Election Court, s. 43 (4). (2.) Of holding any public or judicial office, for seven years from conviction, s. 6 (3), or sentence of Election Court, s. 43 (4). (3.) For election to, or seat in, House of Commons for seven years from conviction, s. 6 (3), or sentence of Election Court, s. 43 (4). (4.) If a candidate and reported by Election Court, incapacity of ever sitting again for same constituency, and avoidance of election if elected (s. 4). (5.) If a justice of the peace, barrister, &c., &c., liability of disgrace in profession, s. 38 (6-9). (6.) Nullity of vote at election in question, s. 36. This also results from offences at Municipal and other Elections (s. 37). As above. [Note. Electors corruptly accepting treating or bribes are themselves guilty of treating and bribery. Sec. 1 (2), and Corrupt Practices Act, 1854, s. 3]. [Note. If an offender is merely reported, and not prosecuted and convicted, the term of incapacity commences from date of election, and not from date of report. See note to s. 38 (5). And if candidate reported guilty by his agents only, he is merely incapacitated to sit for same constituency for seven years from date of report, and if elected, his election is void. Sec. 5.] [Note.-Indictments for corrupt practices not _triable at Quarter Sessions. C. P. Act, 1854, s. 10; and Act, 1883, s. 53 (1).] [Note. If the personator takes the oath of identification (under 6 Vic. c. 18, s. 81) and forswears himself, he is guilty of perjury; and, if he wilfully makes a false answer to the questions as to his identity when put to him, it is a misdemeanour, and he shall be indicted and punished accordingly (ibid).] B.-ILLEGAL PRACTICES (ss. 7-21.) 7. Paying for conveyance of voters to and from poll. Sec. 7 (1). [7-9. Persons receiving such payment, &c., are themselves guilty of illegal practices. Sec. 7 (2)]. Fine, on summary conviction not exceeding £100. 8. Paying electors for advertising. Sec. 7 (1). 9. Paying for committee rooms in excess of legal number. Sec. 7 (1). As above. As above. (1.) Of registration as an elector or voting at any election (Parliamentary or otherwise) in constituency where offence committed, for five years from conviction. Sec. 10. (2.) Nullity of vote at election in question (Sec. 36), or at any election for which he is disqualified. Sec. 37. (3.) If election court report "by or with knowledge and consent of candidate," incapacity also to sit for said constituency for seven years after report. Sec. 11. (4.) If candidate reported guilty by agents, mere incapacity to sit for said constituency during the then Parliament and avoidance of election. Sec. 11. As above. As above. II. If committed by candidate or election agent. 13. Expense above legal maximum. (Sec. 8). 14. Payment by election agent of claims which are barred by lapse of time. Sec. 29 (2). 15. Payment by election agent of any expenses after time limited for such payment. Sec. 29 (4). 16. Failing to make return of election expenses within time As above. As above. As above. As above. limited. Sec. 33 (1) (6).. C.-ILLEGAL PAYMENT, EMPLOYMENT AND 17. Providing money for illegal practice or payment. Sec. 13. (i.) If committed by person not being candidate or election agent. On summary conviction, fine not exceeding £100. (ii.) If committed by candidate or election agent. The offence ranks as an illegal practice, as to which, see above, 7-16. |