III. As to bribery for votes at elections to public offices.
1. Bribery at parliamentary elections is said to have been always an offence at common law, and it is punishable by in dictment or information. There are how ever no traces of any prosecution; for bribery of this kind, until particular pe nalties were imposed upon the offence by acts of parliament. The act 7 & 8 Will. III. C. 4, called the Treating Act, de clares that no candidate shall, after the tests (date) of the writs, or after the or dering of the writs, or after any vacancy, give any money or entertainment to Ins electors, or promise to give any in order to his being elected, under pain of being incapable to serve for that place in parlia ment. The 2 Geo. II. e. 24, which is explained and enlarged by 9 Geo. II. c. 28, and 16 Geo. III. c. 11, imposed pe nalties both on the giver and receiver of a bribe. But the operative statute upon this subject at the present time is 49 Geo. III. c. 118, which provides that if anyshall give or cause to be given, or indirectly, or shall pro mise or agree to give any sum of money gift, or reward, to any person upon any engagement that such person to whom such gift or promise shall be made, shall by himself, or by any other person at his solicitation, procure or endeavour to pro cure the return of any person to serve in parliament for any place, every such person so giving or promising (if not returned) shall for every such gift or pro wise forfeit the sum of 1000/. ; and every such person returned, and so having given or promised to give, and knowing of and consenting to such gifts or promises upon any such engagement, shall be disabled and incapacitated to serve in that parlia ment for such place ; and any person or persons who shall receive or accept of any such sum of money, gift, or reward, or any such promise upon any such en gagement, shall forfeit the amount of such sum of money, gift, or reward, over and above the sum of 5001. ; which sum of 5001. may be recovered by any party cueing for the same in the inferior Courts of Record in Great Britain or Ireland. This act provides •for every legal expense bong Me incurred at or concerning an election. It also imposes penalties on persons giving, procuring, or promising to give or procure any office, place, or employment, to any person upon an express contract to procure a seat in the House of Commons; the penalty on the person returned is loss of his seat, and on the receiver of the office forfeiture of it, incapacity, and the payment of 5001. ;
but if the person who so gives, procures, or promises any place is an officer of the crown, a penalty of 10001. is imposed on him. Actions on the case under this statute must be brought in two years.
The act of 5 & 6 Viet. C. 102, is an act for the better discovery of bribery and treating at the elections of members of parliament, and is commonly known as Lord John Russell's Act. The 20th and 22nd sections of this act are as follow :— § 20. And whereas a practice has pre vailed in certain boroughs and places, of making payments to or " on behalf of candidates to the voters in such manner that doubts have been entertained whe ther such payments are to be deemed bribery," be it declared, that the pay ment or gift of any sum of money, or other valuable consideration whatsoever, to any voter before, during, or after any election, or to any person on his behalf; or to any person related to him by kindred or affinity, and which shall be so paid or given on account of such voter having voted or refrained from voting, or being about to vote or refrain from voting, at we said election, whether the same shall have been paid or given under the name of head money or any other name whatso ever, and whether such payment shall have been in compliance with any usage or not, shall be deemed bribery. § 22. The act 7 & 8 Will. III. c. 4, having been found insufficient to prevent treating: be it enacted &c. that any candidate or person elected, who shall by himself, or b7 or with any person, or in any manner, directly or indirectly, give or provide, or cause or knowingly allow to be given or provided, wholly or partly at his expense, or pay wholly or in part any expenses incurred for any meat, drink, entertain ment, or provision to or for any person at any time, either before, during, or after such election, for the purpose of corruptly influencing such person, or any other person, to give or to refrain from giving his vote in any such election, or for the purpose of corruptly rewarding such per son, or any other person, for having given or refrained from giving his vote at any such election, shall be incapable of being elected or sitting for the particular county, &c. during the Parliament for which such election shall be holden.