CHAP. V. may be either in person or by voting papers. If they vote of persons when to be made. The result of the election for the Universities of Declaration Oxford and Cambridge is to be declared fairly and elected, publicly, either immediately after or on the day next after the final close of the poll; for the University of London the declaration must be not later than 2 P.M. on the day following the close of the poll." versities. As to the Scotch Universities, as soon as the Scotch Uni poll is closed the poll books must be delivered by the Pro-Vice-Chancellors to the Vice-Chancellor of his University; and the Vice-Chancellors of St. Andrew's and Aberdeen respectively shall on receiving such poll books immediately transmit them to the Vice-Chancellor who is Returning Officer, and such Vice-Chancellor shall within three days after such poll books have been re 16 Vict. c. 18, ss. 81, 82, App. xxxiii. 2 See ante, p. 90, as to the power of compelling voters at Scotch borough elections to make any statutory declaration, or to refuse his vote, in the event of the returning officer believing him to be a personator. 3 As to Oxford, Cambridge and Dublin, 24 & 25 Vict. c. 53, App. lx. and 31 & 32 Vict. c. 65, App. lxxx.; as to the Scotch Universities, 31 & 32 Vict. c. 48, s. 39 (4), App. lxxv. It is expressly enacted in s. 6 of 24 & 25 Vict. c. 53, that these voting papers are not liable to any stamp duty. This was decided to be so with regard to voting papers used at municipal elections in R. v. Strachan, L. R. 7 Q. B. 465. 425 Geo. III. c. 84, s. 3, App. vi. 530 & 31 Vict. c. 102, s. 44, App. lxxi. CHAP. V. ceived by him, in presence of the candidates or of any agents appointed by them, cast up the number of votes and forthwith publish in the Edinburgh Gazette the name of the successful candidate.1 Return, to The return is to be made to the clerk of the whom to be Crown forthwith,2 and for English Universities must be certified together with the writ." made. Custody of the poll books. Expenses of elections for versities. There is no statutory enactment as to making a double return for English Universities; but if the votes are equal at an election for a Scotch University, the Returning Officer is expressly ordered to make a double return.* 5 The poll books for English University elections are to be forwarded to the Clerk of the Crown in the same manner as they have been heretofore forwarded. There is no statutory enactment as to what the Vice-Chancellors of the Scotch Universities are to do with the poll books; but they are apparently to remain in their custody." The statutory provisions as to the expenses of Scotch Uni- the Scotch University elections are as follows. The Vice-Chancellor to whom the writ is directed is allowed in Exchequer such payments for executing the writ as are allowed to Sheriffs in elections for Scotch counties or burghs. The necessary expenses incurred by Vice-Chancellors in the transmission or receipt of poll books or other communications, or in making any required advertisements, are to be defrayed by the candidates between them. Whenever a poll is demanded, the candidates are also to contribute to each Pro-Vice-Chancellor for superintending the poll a fee of three guineas for 1 31 & 32 Vict. c. 48, s. 39 (3), App. lxxv. 2 25 Geo. III. c. 84, s. 3, App. vi. and 31 & 32 Vict. c. 48, s. 39 (3), App. lxxv. 3 16 & 17 Vict. c. 68, s. 1, App. 1. 4 31 & 32 Vict. c. 48, s. 39 (3). 5 6 Vict. c. 18, s. 93, App. xxxvi. 6 The ballot papers in Scotland remain in the custody of the sheriff's clerk, Ballot Act, rule 59, App. cxii. the first and of one guinea for each subsequent CHAP. V. day, and to each poll clerk one guinea a day. And if any person is proposed as a candidate without his consent, the proposer is to be liable to all the above expenses as if he was a candidate.1 Dublin University.] There never was any statutory enactment as to the place at which an election for Dublin University is to be held, and, as the statutes which formerly regulated the time for holding the elections for Dublin University in common with other Irish boroughs are repealed by the Ballot Act, there is now no legislative provisions for the day on which the election is to be held, or the poll to be taken in the event of contest, or the result of the election declared, but the Voting Papers Act, above described, applies to this University.* 3 1 31 & 32 Vict. c. 48, s. 40, App. lxxvii. 2 25 & 26 Vict. c. 92, s. 2; 2 & 3 Will. IV. c. 88, s. 52. It may be observed that in 13 & 14 Vict. c. 68, s. 17 (App. xli.) Dublin University is recognised as being a borough. 3 At the election in Jan., 1875, the poll was opened on Monday, Jan. 18, at 10 a.m. (the nomination having been held on Saturday, Jan. 16), and was kept open for five days until 3 p.m. each day. The result of the poll was declared on Friday, Jan. 22, immediately after the poll had been closed. 4 Ante, p. 125, note 3. Bribery an offence at common law. Bribery defined. CHAPTER VI. AVOIDANCE OF ELECTIONS; BRIBERY; TREATING: UNDUE INFLUENCE; IRREGULARITIES IN CONDUCT OF ELECTION. THE law must now be considered by which the exercise of the privilege of choosing a Member of Parliament is guarded from corruption, violence, and irregularities in the conduct of the election. Bribery.] The offence of bribing an elector was always punishable at common law independently of statute: and, though the Corrupt Practices Act, 1854, is so wide and stringent, that obedience to its provisions will effectually secure impunity at common law, yet, practically, the common law rules cannot safely be disregarded-not merely because they are required to interpret the statute itself-but because the latter may often be evaded through the technicalities of penal actions. offence will, therefore, be considered here, first, as it exists at common law; and next, as it exists by statute. The Bribery at common law is a misdemeanour: and is committed whenever a vote is procured from, or disposed of by, an elector for a valuable consideration,2 both parties to the transaction agreeing in that intent; and the offence of bribery will be equally complete, whether the elector, after having been bribed, actually votes or not.3 It is also immaterial how long before an election the bribe is 1 R. v. Pitt, 3 Bur. 1338, 1 W. Bl. 382. 2 As to "valuable consideration," see post, p. 144. 4 2 given ; "any act committed previous to an election CHAP. VI. with a view to influence a voter at the coming election, whether it is one, two, or three years before, is just as much bribery as if it was committed on the day before the election or the day of the election." 1 And as every attempt to commit a misdemeanor is itself a misdemeanor, the mere offer of a bribe to an elector,3 or his solicitation of one, is punishable. But though the bare attempt is punishable as a misdemeanor, it does not therefore amount to bribery, nor involve the civil consequences of that offence. 5 Both the giver and recipient of a bribe are punishable. Again, the offence may be committed under various colourable pretexts; as, for instance, where a man offers to bet against his own side with a voter. The intention of the person making the offer would, in such a case, be presumed to be corrupt, and the bet, if taken, would, as regards him, be a bribe. Moreover, if the vote were given in accordance with the corrupter's intention, the voter also would be guilty of bribery, provided that he was aware of that intention.7 But a bona fide wager on the result of an election has never been deemed bribery or criminal at common law.8 Lastly, the premium offered need not be money: if a voter is purchased 1 Per Keogh, J., Sligo, 1 O. & H. 302, and in the Stroud case, 20. & H. 186, Bramwell, B., said it was immaterial when the bribery took place, so long as it was "operative on the election." 2 Archbold's Cr. Prac. (13th ed.) 2. 3 R. v. Vaughan, 4 Bur. 2500. 4 It seems doubtful whether the mere solicitation of a bribe, not followed up by an agreement to that effect, is an offence at common law. Per Morris J. in Mallow case, 2 O. & H. 22. 5 Ipswich, B. & Aust. 260; New Windsor, K. & O. 194. 6Wherever it is a crime to take, it is a crime to give; they are reciprocal." Per Lord Mansfield, in R. v. Vaughan, 4 Burr. 2500. 7 See per Buller, J., Allen v. Hearn, 1 T. R. 60. 8 Jones v. Randall, Cowp. 39; Anon., Lofft. 552; Youghal, F. & F. 404; Monmouth, K. & O. 416. But see New WindK. & O. 195; Worcester, ib. 254. sor, K |