of which he does not subscribe, and with which he personally is not ostensibly connected, but at the same time, in intimate relationship with his agents, utilized by them for the purpose of carrying out his election, interchanging communication and information with his agents respecting the canvassing of voters and the conduct of the election, and largely contributing to the result. To say that the candidate is not responsible for any corrupt acts done by an active member of such an association, would be repealing the Corrupt Practices Act, and sanctioning a most effective system of corruption.

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Sec. 5.

didate proof of

The facts of any particular case may no doubt Conduct of canfavour the presumption, and even be taken to prove agency. that the candidate sanctioned the proceedings of the committee, as for instance, where things are openly done, which would not be done in the ordinary course of things, except with the cognisance of a candidate who sanctioned them, "and where neither he nor his agents have shown that they had had no communication with the association, or that they repudiated it" (Taunton, 1. O. & H. 181). In this case the bribery took the form of payments to the voters on the eve of an election in November, nominally for their attendance at the registration court in September.

And now the definition of person, as including associations and members thereof (s. 64), considerably extends the law on this point.

Coalition between Candidates.- In the case of coali- Agency in case of joint candition or the joint candidature of two candidates, each dature. of them becomes the agent of the other, and the agents of the one become the agents of the other, so

Sec. 5.

Joint candidatures under Act of 1883.

that bribery by the one or by his agents affects the other also. But personal bribery (e.g., employment of persons disqualified through previous bribery) proved against the one candidate only will not affect the other (N. Norfolk, 1 O. & H. 240). Nor is a candidate liable for the acts of his colleague or his colleague's agent, done previously to the coalition without his knowledge (Boston, 2 O. & H. 166). And if an agent bribed a voter to plump for one of the two candidates, this will not, semble, affect the other, as such action would determine the joint agency (Norwich, 2 O. & H. 39).

Coalition between two candidates is not proved by the mere fact that one agent acts for both at the registration courts (Tamworth, 1 O. & H. 75, 82), nor by the fact that the one candidate subscribes to the election fund of another (Belfast, 1 O. & H. 285), but such facts as that the candidates stood and canvassed jointly, having joint bills and payments, &c., will be held sufficient evidence (Bridgwater, 1 O. & H. 113, N. Norfolk, ib. 240).

And now it is provided by pt. v. of Sched. I., that "where the same election agent is appointed by or on behalf of two or more candidates at an election, or where two or more candidates by themselves, or any agent or agents, hire or use the same committeerooms for such election, or use or employ the services of the same sub-agents, clerks, messengers or polling agents at such election, or publish a joint address or joint circular or notice at such election, those candidates shall be deemed, for the purposes of this enactment, to be joint candidates at such election." But provision is also made for joint candidatures arising

accidentally, and also for their ceasing during the election. (See, infra, p. 310.)

Sec. 5.

of Agency.

A candidate may now also constitute himself his Termination own agent (s. 24).

As (unless previously determined in any of the ways above-mentioned, N. Norfolk, 1 O. & H. 243) agency terminates with the election, any corrupt payment made by a person who has been merely a member of committee or a canvasser, and made after the election, i.e., after declaration of poll (Galway, 2 O. & H. 49), will not affect the member, unless made with his privity (Salford, 1 0. & H. 140; King's Lynn, ib. 208; Taunton, 2 O. & H. 69). But this does not apply to the duly appointed agent for election expenses (see below), nor to the case of bribes given at an election in pursuance of a previous promise, &c.

may be proved

Proof of bribery before proof of agency.-Under s. 17 When bribery of the P. E. Act, 1868, "On the trial of an election before agency. "petition, unless the Judges otherwise direct, any "charge of a corrupt practice may be gone into, "and evidence in relation thereto received, before

any proof has been given of agency on the part "of any candidate in respect of such corrupt "practice."

This provision is intended to meet the case of general bribery or treating, &c., which by the common law of itself avoids an election, no proof of agency being in such a case necessary; but evidence of acts done by a person whom there would be little hope of proving to be an agent is to be deprecated, as likely to prejudice the Judges' minds (pr. Bramwell, B., Bristol, 2 O. & H. 29; cp. Guildford, 1 ib. 14).

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Sec. 6.

Punishment

of person convicted on indictment of corrupt practices.

6. (1.) A person who commits any corrupt practice other than personation, (a) or aiding, abetting, counselling, or procuring the commission of the offence of personation, shall be guilty of a misdemeanour, and on conviction on indictment (b) shall be liable to be imprisoned, with or without hard labour, for a term not exceeding one year, or to be fined any sum not exceeding two hundred pounds.

(2.) A person who commits the offence of personation, (a) or of aiding, abetting, counselling, or procuring the commission of that offence, shall be guilty of felony, and any person convicted thereof on indictment shall be punished by imprisonment for a term not exceeding two years, together with hard labour.

(3.) A person who is convicted on indictment of any corrupt practice shall (in addition to any punishment as above provided) be not capable (c) during a period of seven years from the date of his conviction :

(a) of being registered (d) as an elector or voting (e) at any election in the United Kingdom, whether it be a Parliamentary election or an election for any public office, within the meaning of this Act; or

(b) of holding any public or judicial office (ƒ) within the meaning of this Act, and if he holds any such office the office shall be vacated.

(4.) Any person so convicted of a corrupt practice in reference to any election, shall also be incapable of being elected to and of sitting in the House of Commons during the seven years next after the date of his conviction, and if at that date he has been elected to the House of Commons his election shall be vacated from the time of such conviction.

This section imposes (a) penalties in the shape of imprisonment and fine; (b) incapacities as to franchise upon all persons, whether candidates, electors, or non-electors, who are convicted of being guilty of corrupt practices. In the case of personation, which is a felony, the Court has no option, but must inflict hard labour. But for the other offences, the punishment may be either imprisonment with or without hard labour, or a fine. The incapacities attach in

every case. The section applies only to corrupt practices, of which the offender is personally guilty.

(a) "Personation."-See notes to s. 3, supra, p. 102. The aiding, abetting, &c., of personation involves the same punishment.

Sec. 6.

Prosecutor.

(b) "On Indictment."-The Public Prosecutor is Duty of Public charged with the duty of attending the trials of election petitions and prosecuting offenders against the Act; and the indictment will then be summarily tried before the Election Court (unless the offender elect to be tried by a jury), in which case (and also, if he fails to appear, or for other reasons, the Court thinks it expedient) he will be committed for trial or held to bail (s. 43).

In the case of personation also, it is the duty of the returning officer, under s. 24 of the Ballot Act, to institute a prosecution; and a still more summary method of proceeding against a person accused of personation is provided by ss. 86-89 of the Registration Act, 1843. (See Appendix, p. 329.)

By s. 10 of the C. P. Act, 1854, "No indictment for bribery or undue influence shall be triable before any Court of Quarter Sessions." And by virtue of s. 53 (1) of the Act of 1883, this provision is extended to all corrupt practices within the Act, which will include false declarations under s. 33 (7), as well as the offences named in s. 3.

70.

By the Municipal Elections (Corrupt and Illegal 47 & 48 Vic. c. Practices) Act, 1884, ss. 2, 3, the definitions of corrupt practices in Parliamentary elections, and the punishments imposed by this section, will apply also to the same offences committed at municipal elections; and