to give or lend, or shall offer, promise, or promise to procure or to endeavour to procure, any money or valuable consideration, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such voter having voted or refrained from voting at any election. 2. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure or to endeavour to procure, any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting at any election. 3. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person, in order to induce such person to procure, or endeavour to procure, the return of any person to serve in Parliament, or the vote of any voter at any election. 4. Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise, or endeavour to procure, the return of any person to serve in Parliament, or the vote of any voter at any election. 5. Every person who shall advance or pay, or cause to be paid, any money to, or to the use of, any other person, with the intent that such money, or any part thereof, shall be expended in bribery at any election, or who shall knowingly pay, or cause to be paid, any money to any person, in discharge or repayment of any money, wholly or in part, expended in bribery at any election. And any person so offending shall be guilty of an offence punishable by fine not exceeding one hundred pounds, or by imprisonment, for a term not to exceed one year, and shall also be liable to forfeit the sum of fifty pounds to any person who shall sue for the same, together with full costs of suit: Provided, always, that the aforesaid enactment shall not extend, or be construed to extend, to any money paid, or agreed to be paid, for or on account of any legal expenses bona fide incurred at or concerning any election. 2. The following persons shall also be deemed guilty of bribery, and shall be punishable accordingly: 1. Every voter who shall, before or during 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 employment, for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting, at any election. 2. Every person who shall, after any election, directly or indirectly, by himself or by any other person on his behalf, receive 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. No. 21-1859. And any person so offending shall be guilty of an offence punish- Penalty. 3. Every candidate at an election, or other person, who shali Treating defined. corruptly, by himself or by or with any other person or by any other ways or means, on his behalf, at any time, either before, during, or after any election, directly or indirectly, give or provide, or cause to be given or provided, or shall be accessory to the giving or providing, or shall pay, wholly or in part, any expenses incurred for any meat, drink, entertainment, lodging, provision, or conveyance, to or for any person, for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such election, or on account of such person having voted or refrained from voting, or being about to vote or refrain from voting, at such election, shall be deemed guilty of the offence of treating, and shall forfeit any sum not exceeding twenty-five Penalty. pounds to any person who shall sue for the same, with full costs of suit. 4. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, make use of, or threaten to make use of, any force, violence, or restraint, or inflict or threaten the infliction, by himself or by or through any other person, of any injury, damage, harm, or loss, or in any other manner practise intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who shall by abduction, duress, or any fraudulent device or contrivance, impede, prevent, or otherwise interfere with the free exercise of the franchise of any voter, or shall thereby compel, induce, or prevail upon any voter, either to give or to refrain from giving his vote at any election, shall be deemed to have committed the offence of undue influence, and shall be guilty of an offence punishable by fine not exceeding twenty-five pounds, or Undue defined. influence No. 21-1859. Penalty. Names of offenders to be struck out of voters. imprisonment, not exceeding a term of three months, and shall also be liable to forfeit the sum of twenty-five pounds, to any person who shall sue for the same, together with full costs of suit. 5. Whenever it shall be proved before the Civil Commissioner of list of registered any division that any person who is, or claims to be placed, on the list or register of voters for such division has been convicted of bribery, treating, or undue influence at an election, or that judgment has been obtained against any such person for any penal sum hereby made recoverable in respect of the offences of bribery, treating, or undue influence, or either of them, then and in that case such Civil Commissioner shall, in case the name of such person is on the list of voters, expunge the same therefrom, or shall, in case such person is claiming to have his name inserted therein, disallow such claim; and the names of all persons whose names shall be so expunged from the list of voters, and whose claims And be inserted in shall be so disallowed, shall be thereupon inserted in a separate list, to be entitled "The list of persons disqualified for bribery, treating, or undue influence," which lastmentioned list shail be preserved in the office of the Civil Commissioner, for general information. a separate list. other mark of dis at elections. No cockades or 6. No candidate, or other person shall, before, during, or after tinction to be given any election, in regard to such election, directly or indirectly, give or provide to or for any person having a vote at such election, or to or for any inhabitant of the division for which such election is had, any cockade, ribbon, or other mark of distinction; and every person so giving or providing shall, for every such offence, forfeit the sum of two pounds to such person as shall sue for the same, together with full costs of suit; and all payments made for or on account of any chairing, or any such cockade, ribbon, or mark of distinction as aforesaid, or of any bands of music, or flags, or banners, shall be deemed illegal payments within this Act. Penalties recover able in Supreme and 7. The pecuniary penalties hereby imposed for the offences of Circuit Courts only. bribery, treating, or undue influence, respectively, shall be recoverable by action or suit by any person who shall sue for the same in the Supreme or Circuit Courts of this Colony, but not in any other Court. Cost and expenses of prosecution. election to give warn 8. It shall be lawful for any Criminal Court, before which any prosecution by any private prosecutor shall be instituted for any offence against the provisions of this Act, to order payment to the prosecutor of such costs and expenses as to the said Court shall appear to have been reasonably incurred in and about the conduct of such prosecution: Provided, always, that no indictment for bribery, treating, or undue influence shall be triable before any other than the Supreme or Circuit Court. Proclamation for 9. For the more effectual observance of this Act, every proing against bribery, clamation which shall at any time hereafter be issued by the Governor of this Colony, for any election for either the Legislative Council or House of Assembly of the said Colony, shall pro &c. ^claim and make known that all persons who are guilty of bribery, treating, or undue influence at or in reference to the said election, will upon conviction, be liable to the penalties provided by this Act. No. 21 1859. cutions, if judgment costs from prosecu 10. In case of any indictment or information by a private In private proseprosecutor, for any offence against the provisions of this Act, be given for defenif judgment shall be given for the defendant, he shall be entitled dant, he may recover to recover from the prosecutor the costs sustained by the defendant tor. by reason of such indictment or information, such costs to be taxed by the proper officer of the Court in which such judgment shall be given. 11. It shall not be lawful for any Court to order payment of the costs of a private prosecution for any offence against the provisions of this Act, unless the prosecutor shall, before or upon the finding or filing of the indictment or information, enter into a recognizance before a Judge of the Supreme Court, with two sufficient sureties in the sum of two hundred pounds, with the conditions following, that is to say that the prosecutor shall conduct the prosecution with effect, and shall pay to the defendant or defendants, in case he or they shall be acquitted, his or their costs. Prosecutor not entitled to costs unless he shall have entered that he shall conduct into a recognizance the prosecution and pay costs. 12. No person shall be liable to any penalty or forfeiture hereby Limitation of enacted or imposed, unless some prosecution, action, or suit for actions, the offence committed shall be commenced against such person within the space of six months next after such offence against this Act shall be committed, and unless such person shall be summoned, or otherwise served with process, within the same space of time, provided such summons or service of process shall not be prevented by such person absconding or withdrawing out of the jurisdiction of the Court out of which such summons or other process shall have issued, in which case the summons or process may be served within six months after the return of such person, within the jurisdiction of the Court; and in case of any such prosecution, suit, or processes aforesaid, the same shall be proceeded with and carried on without any wilful delay. Giving legal. ments to 13. The giving, or causing to be given, to any voter on the day of nomination or day of polling, on account of such voter having polled or being about to poll, any meat, drink, or entertainment by way of refreshment, or any money or ticket to enable such voter to obtain refreshment, shall be deemed an illegal act, and the Penalty. person so offending shall forfeit the sum of five pounds for each offence to any person who shall sue for the same, by civil action in any competent Court, together with full costs of suit. 14. In citing this Act for any purpose whatsover, it shall be short Title. sufficient to use the expression "The Corrupt Practices a: Elections Prevention Act, 1859." refreshvoters No. 1-1860. No. 22-1859.] [July 8, 1859.. An Act for introducing into this Colony Immigrants from Europe. [Spent.] No. 23-1859.] [July 8, 1859. An Act for reviving and continuing the Act No. 26, 1857, entitled "An Act for Punishing Emissaries from Kafirland, and others, delivering in this Colony, to Kafirs resident therein, Messages dangerous to the Public Peace." [Expired.] No. 24-1859.] [July 8, 1859.. An Act to Amend the Laws for regulating the Admission of Kafirs and other Native Foreigners into the Colony. [Repealed by Act 22, 1867.] No 25, 1859.] [July 8, 1859.. An Act to Amend the Act No. 23, 1858, entitled "Au Act for declaring Main Roads and Regulating Tolls." [Superseded by Act 22, 1873.] No. 1-1860.] ACT [May 21, 1860.. Preamble. To Prevent the Introduction into the Colony of the Capeof Good Hope of Convicted Felons, and other Persons sentenced to Transportation for Offences against the Laws. (1) WHEREAS the Colony of Western Australia has been constituted a penal settlement for the safe keeping of convicted felons and other persons undergoing transportation for offences against the laws: And whereas certain of the Australian Colonies adjacent to. the Colony of Western Australia, to which colonies persons undergoing, or sentenced, or sent, to undergo transportation in the Colony of Western Australia had betaken and were likely to betake themselves, have passed Legislative Acts prohibiting the landing or living in such colonies of any of the said persons: And whereas certain persons, of the class or description prohibited by the Legislative Acts aforesaid from landing or being in the Colonies of which the Legislatures have passed the said Acts, have recently arrived in this Colony: And whereas, owing to the See Act 6, 1884. |