voted once at any such election, tenders a vote at the same election, is guilty of personation, and is liable to a penalty of six hundred dollars, and to six months' imprisonment.

1

ARTICLE 171.

FORGERY OF BALLOT PAPERS, AND OTHER OFFENCES

RESPECTING THE SAME.

Every one who,

(a.) forges, counterfeits, fraudently alters, defaces or fraudulently destroys any ballot paper or the initials of the deputy returning officer signed thereon; or

(b.) without authority supplies any ballot paper to any person; or

(c.) fraudulently puts into any ballot box any paper other than the ballot paper, which he is authorized by law to put in ; or

(d.) fraudulently takes out of the polling place any ballot paper; or

(e.) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election; or

(f.) attempts to commit any offence specified in this Article

Is guilty of a misdemeanor; and, if he is a returning officer, deputy returning officer or other officer engaged at the election, is liable to a fine of one thousand dollars and in default of payment to imprisonment for any term less than two years, and if he is not any such officer to a fine of five hundred dollars, and in default of payment to six months' imprisonment."

1 R. S. C. c. 8, s. 100; 35 & 36 Vict. c. 33, s. 3. See also R. S. C. 106, s. 85.

2 With or without hard labor.

1 ARTICLE 172.

DEFINITION OF OFFICE.

[The word "office" in articles 173 and 174 includes

2

Every office in the gift of the crown or of any officer appointed by the crown, and all commissions, civil, naval and military, and all places or employments in any public department or office whatever in any part of Her Majesty's dominions whatever, and all deputations to any such office and every participation in the profits of any such office or deputation.

3 ARTICLE 173.

SELLING OFFICES.

4 Every one commits a misdemeanor who does any of the following things in respect of any office, or any appointment to or resignation of any office, or any consent to any such appointment or resignation, that is to say, every one who directly or indirectly

(a.) sells the same, or receives any reward or profit from the sale thereof, or agrees to do so;

(b.) purchases, or gives any reward or profit for the purchase thereof, or agrees or promises to do so.

5 Whoever commits either of these misdemeanors, upon its commission forfeits to the Queen any right which he may have in the office, and is disabled to hold it for life, and it is not lawful for the Queen to dispense him from such disability.]

1 S. D. Art. 132.

2 [5 & 6 Edw. 6, c. 16; 49 Geo. 3, c. 126, s. 1.]

4

3 S. D. Art. 133.

* [49 Geo. 3, c. 126, s. 3, greatly condensed.] R. v. Mercer, 17 U. C. Q. B. 602; R. v. Moodie, 20 U. C. Q. B. 389.

[5 & 6 Edw. 6, c. 16, s. 1; 49 Geo. 3, c. 126, s. 2; Ingram's Case, 3 Inst. 154. The 5 & 6 Edw. 6, c. 16, s. 1, is repealed as to offices in the Customs by 6 Geo. 4, c. 105, s. 10. It was, however, extended to offices in the Customs as well as to many others by 49 Geo. 3, c. 126. I do not quite understand the result of this. The present Customs Act,39 & 40 Vict. c. 36, throws no light on the subject.]

2

1 ARTICLE 174.

MAKING INTEREST FOR OFFICES FOR REWARD.

[Every one commits a misdemeanor who does any of the following things directly or indirectly :

(a.) receives or agrees to receive any reward or profit for any interest, request, or negotiation about any office, or under pretence of using any such interest, making any such request or being concerned in any such negotiation;

(b.) gives or procures to be given any profit or reward, or makes or procures to be made any agreement for the giving of any profit or reward, for any such request or negotiation as aforesaid;

(c.) solicits, recommends, or negotiates in any manner as to any appointment to or resignation of any office in expectation of any reward or profit;

3

(d.) keeps any office or place for transacting or negotiating any business relating to vacancies in or the sale or purchase of or appointment to or resignation of offices.]

1 S. D. Art. 134.

2 49 Geo. 3, c. 126, s. 4.

3 Ibid. s. 5.

CHAPTER XV.

1MISLEADING JUSTICE-PERJURY-FALSE SWEARING

SUBORNATION-ADMINISTERING

EXTRA-JUDICIAL

OATHS-FALSE CERTIFICATE AS TO EXECUTION.

2 ARTICLE 175.

3

PERJURY DEFINED.

4

[PERJURY is an assertion upon an oath duly administered in a judicial proceeding, before a competent court, of the truth of some matter of fact, material to the question depending in that proceeding, which assertion the assertor does not believe to be true when he makes it, or on which he knows himself to be ignorant.

5 In this definition, the word "oath" includes every affirmation which any class of persons is by law permitted to make in place of an oath.

"The expression " duly administered" means administered in a form binding on his conscience, to a witness legally called before them by any court, judge, justice,

1 The 18th section of The Chinese Immigration Act (R. S. C. c. 67) prohibits the organization of courts composed of Chinese persons for the determination of offences committed by them. The offence is a misdemeanor punishable by twelve months' imprisonment, or a fine of five hundred dollars, or both.

2 S. D. Art. 135. [See 3 Hist. Cr. Law, pp. 240-50.

3 3rd Inst. 167; 1 Hawk. P. C. 429-435; 3 Russ. Cr. 1, &c., and see note, 5th Report, C. L. C. 23. Draft Code, s. 119.] False evidence given upon an examination in the absence of the authority competent to hold such examination is not perjury; R. v. Lloyd, L. R. 19 Q. B. D. 213; 16 Cox C. C. 235; R. v. Gibson, 7 R. L. 573.

+ R. v. Doty, 13 U. C. Q. B. 398; R. v. Row, 14 U. C. C. P. 307; R. v. Gagnon, 17 U. C. C. P. 530; R. v. Martin, 21 L. C. J. 156; McAdam v. Weaver, 2 Kerr 176; R. v. McIntosh, 1 Han. 371; R. v. Leonard, 3 L. N. 138, 211.

R. S. C. c. 1, s. 7 (28.) [Many statutes to this effect have been passed. See in particular 32 & 33 Vict. c. 68, s. 4; 33 & 34 Vict. c. 49; and see statutes as to particular religious bodies collected in 3 Russ. Cr. 26-9.

* See 14 & 15 Vict. c. 99, s. 16. passed to remove doubts in the question by whom an oath might be administered, 3 Russ. Cr. 3. As to using a form binding on the witness's conscience see 1 & 2 Vict. c. 105; Omichund v. Barker, Willes 538, 1 Sm. L. C. 455.]

[officer, commissioner, arbitrator, or other person, who by the law for the time being in force, or by consent of the parties, has authority to hear, receive, and examine evidence.

1

1 The fact that a person takes an oath in any particular form is an admission that he regards it as binding on his conscience.

2 The expression "judicial proceeding" means a proceeding which takes place in or under the authority of any court of justice, or which relates in any way to the administration of justice, or which legally ascertains any right or liability.

3 A proceeding may be judicial although the person accused in it was brought before the court by which the proceeding is held by an irregular warrant.

The word “fact” includes the fact that the witness holds any opinion or belief.

5 The word "material" means of such a nature as to affect in any way, directly or indirectly, the probability of anything to be determined by the proceeding, or the credit of any witness, and a fact may be material although evidence of its existence was improperly admitted.]

6 All evidence and proof whatsoever, whether given or made orally, or by or in any affidavit, affirmation, declaration, examination or deposition, is deemed material with respect to the liability of any person proceeded against for wilful and corrupt perjury, or for subornation of perjury.

1 [Sells v. Hoare. 3 B. &. B. 232; 7 Moody 36.

2 Illustrations (2), (3), (4).] The administering of an oath by a returning officer to a voter at a civic election, is not a judicial proceeding; Thomas v. Platt, 1 U. C. Q. B. 217. Wilful false swearing in an affidavit made in a judicial proceeding, and sworn before a commissioner duly appointed, is perjury; Milner v. Gilbert, 3 Kerr 617; and it is not necessary that the affidavit be used. The offence is complete on the false swearing; Milner v. Gilbert, 1 Allen 51.

8 [R. v. Hughes, L. R. 4 Q. B. D. 614.

4 Illustration (5).

6 Illustrations (6), (7).]

R. S. C. c. 154, s. 5; R. v. Ro83, 28 L. C. J. 261; 1 M. L. R. 227 ; R. v. Murphy, 9 L.N. 95.