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wards produced before the commissioners on their demand, these letters were not thereby rendered inadmissible against him on an indictment for bribery, under the proviso to the 15 & 16 Vict. c. 57, s. 8.
By the Corrupt Practices Act, 1883, Sect. 6, (I.) A person who commits any corrupt practice other than personation, or aiding, abetting, counselling, or procuring the commission of the offence of personation, shall be guilty of a misdemeanor, and on conviction on indictment, shall be liable to be imprisoned, with or without hard lal>or, for a term not exceeding one year, or to be fined any sum not exceeding two hundred pounds.
(Sub-s. 2.) A person who commits the offence of personation, or of aiding, abetting, counselling, or procuring the commission of that offence, shall be guilty of felony, and any person convicted thereof on i"Ufi1 *i'idictment shall be punished by imprisonment for a term not -I exceeding two years, together with hard labor.
(Sub-ss. 3 and 4.) Persons so convicted are subject to certain incapacities.
Sect. 50 of the Corrupt Practices Prevention Act, 1883, provides for the removal of proceedings in certain cases to the Central Criminal Court or the Royal Courts of Justice.
Sect. 51. (1.) A proceeding against a person in respect of the offence of a corrupt or illegal practice or any other offence under the Corrupt Practices Prevention Acts or this Act shall be commenced within one year after the offence M'as committed, or, if it was committed in reference to an election with respect to which an inquiry is held by election commissioners, shall be commenced within one year after the offence was committed, or within three months after the report of such commissioners is made, whichever period last expires, Go that it be commenced within two years after the offence was committed, and the time so limited by this section shall, in the case of any proceeding under the Summary Jurisdiction Acts for any such offence, whether before an election court or otherwise, be substituted for any limitation of time contained in the last-mentioned Acts.
(2.) For the purposes of this section the issue of a summons, warrant, writ, or other process shall be deemed to be a commencement of a proceeding, where the service or execution of the same on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, but save as aforesaid the service or execution of the same on or against the alleged offender, and not the issue thereof, shall be deemed to be the commencement of the proceeding.
Sect. 52. Any person charged with a corrupt practice may, if the circumstances warrant such finding, be found guilty of an illegal practice (which offence shall for that purpose be an indictable offence), and any person charged with an illegal practice may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt practice, and a person charged with illegal payment, employment, or hiring, may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.
Sect. 53. (1) Sections ten, twelve, and thirteen of the Corrupt Practices Prevention Act, 1854 (17 & 18 Vict. c. 102), and section six of the Corrupt Practices Prevention Act, 1863 (26 & 27 Vict. c. 29), (which relate to prosecutions for bribery and other offences under those Acts), shall extend to any prosecution or indictment for the offence of any corrupt practice within the meaning of this Act, and to any action for any pecuniary forfeiture for an offence under this Act, in like njanner as if such offence were bribery within the meaning of those Acts, and such indictment or action were the indictment or action in those sections mentioned, and an order under the said section ten may be made on the defendant; but the Director of Public Prosecutions or any person instituting any prosecution in his behalf, or by direction of an election court shall not be deemed to be a private prosecutor, nor required under the said sections to give any security.
(2.) On any prosecution under this Act, whether on indictment or summarily, and whether before an election court or otherwise, and in any action for a pecuniary forfeiture under this Act, the *person prosecuted or sued, and the husband or wife of such r+g^y person may, if he or she think fit, be examined as an ordinary <witness in the case. .
(3.) On any such prosecution or action as aforesaid it shall be sufficient to allege that the person charged was guilty of an illegal practice, payment, employment, or hiring within the meaning of this Act, as the case may be, and the certificate of the returning officer at an election, that the election mentioned in the certificate was duly held, and that the person named in the certificate was a candidate at such election, shall be sufficient evidence of the facts therein stated.
Sect. 5o. (2.) ^The enactments relating to charges before justices against persons for indictable offences shall, so far as is consistent with the tenor thereof, apply to every case where an election court orders a person to be prosecuted on indictment in like manner as if the court were a justice of the peace.
By sect. 56 the jurisdiction of the High Court may be exercised by a judge or master in certain cases.
By sect. 57 (1.), the duties of the director of public prosecutions are defined. By sub-s. 2, subject to the provisions of this Act, the costs of any prosecution on indictment for any offence punishable under this Act, whether by the director of public prosecutions or his representative, or by any other person, shall so far as they are not paid by the defendant be paid in like manner as costs in the case of a prosecution for felony are paid.
By sect. 58 (1.), provision is made for costs other than costs of a prosecution on indictment.
(2.) Where any costs or other sums are under the order of an election court or otherwise under this Act, to be paid by auy person, those costs shall be a simple contract debt due from such person to the person or persons to whom they are to be paid, and if payable to the Commissioners of Her Majesty's Treasury shall be a debt to Her Majesty, and in either case may be recovered accordingly.
The Corrupt Practices Act, 1883 (46 & 47 Vict, a 51), contains many provisions respecting corrupt and illegal practices at elections which are punishable upon summary conviction before the election court, and therefore do not come within scope of the present work. By a proviso to 8. 43 in the case of corrupt practices the defendant has an option of being tried by a jury, and by sub-s. (5) he is then triable upon indictment, and it is presumed is liable to the punishments provided in s. 6.
By the Ballot Act (35 & 36 Vict. c. 33, s. 25), and the Municipal Corporations Act (45 & 46 Vict. c. 50), Part IV., certain disqualifications and penalties are affixed to candidates and voters guilty of corrupt practices, which by the interpretation clause means bribery, treating, undue influence, or personation, as described in the Corrupt Practices Act, 1883; and by s. 78 of the Municipal Corporations Act, 1882, a person guilty of a corrupt practice at a municipal election shall be liable to the like actions, prosecutions, penalties, forfeitures, and punishments as if the corrupt practice had been committed at a parliamentary election. The expenses of the prosecution are provided for in the case of municipal elections by s. «84 of the Municipal Corporations Act. In the Ballot Act there appears to be no provision for the expenses of prosecutions for corrupt practices other than personation (see post, "False Personation"); but the expenses of *348l *Prosecuti°ns f°r corrupt practices under the 17 & 18 Vict, c J 102, are provided for by sect. 10 of that Act.
Bribery at elections for members of parliament is also an offence at common law, punishable by indictment or information, and it was held that the statute 2 Geo. 2, c. 24, which imposes a penalty upon such offence did not affect that mode of proceeding. R. v. Pitt, 3 Burr. 1339; 1 W. Bl. 380. The following cases were decided before the recent statutes. Where money is given it is bribery, although the party giving it take a note from the voter, giving a counter note, to deliver up the first note when the elector has voted. Sulston v. Norton, 3 Burr. 1235; 1 W. Bl. 317. So also a wager with a voter, that he will not vote for a particular person. Lofft, 552; Hawk. P. C. b. 1, c. 67, s. 10 (n).
Where a voter received money after an election for having voted for a particular candidate, but no agreement for any such payment was made before the election, it was held not to be an offence within the 2 Geo. 2, c. 24, s. 7 (repealed). Lord Huntingtower v. Gardiner, 1 B. & C. 297, 8 E. C. L.
As to the payment of the travelling expenses of voters, see 1 Russ. Cri. 321,5th ed.; the cases there cited; Cooper v. Slade, 25 L. J., Q. B. 324; and 46 & 47 Vict. c. 51, ss. 13—23, 48.
By the 31 & 32 Vict. c. 125, s. 17, on the trial of an election petition, unless the judge otherwise directs, evidence of corrupt practices may be given before proof of agency.
Bribery in other cases. As to the offence of attempting to bribe officers of justice, see 1 Russ. Cr. 309, 5th ed.1 See also tit. "Offices," post. See also tit. "Elections," post.
26 & 27 Vict. c. 29, s. 6, enacts: "In any indictment or information for bribery or undue influence, and in any action or proceeding for any penalty for bribery, treating, or undue influence, it shall be sufficient to allege that the defendant was, at the election at or in connection with which the offence is intended to be alleged to have been committed, guilty of bribery, treating, or undue influence, as the case may require; and in any criminal or civil proceedings in relation to any such offence, the certificate of the returning officer in this behalf shall be sufficient evidence of the due holding of the election or of any person therein named having been a candidate thereat.
See Reed v. Lamb, 6 H. & N. 75, a case decided before the passing of this Act; R. v. Varle, 6 Cox, C. C. 470, a case of an indictment for personating a voter at an election; and R. v. Clarke, 1 F. & F. 654.
1 An indictment for attempting to bribe a juror is sustained by proof of an oner of services made to the juror. A writing containing the offer is admissible in evidence. Caruthers v. State, 74 Ala. 406. Where the grand jury has been improperly influenced, upon evidence thereof the indictment will be set aside. People v. Sellick, 4 N. V. Crim. Rep. 329. Their affidavits that they were not influenced are inadmissible. Id.
Indictment for not repairing • ■ • 349
Proof of bridge being a public bridge ...... 349
Highway at each end . _ 351
Dedication of a bridge to the public ...... 352
Proof of the bridge being out of repair 352
Proof of the liability of the defendants—at common law . . 352
New bridges 353
Public companies 354
Proof in defence—by counties 356
By minor districts or individuals ..... 356
By corporations 356
Venue and Trial 356
Maliciously pulling down bridges 357
New trial 357
Indictment for not repairing. Upon an indictment for a nuisance to a public bridge, whether by obstructing or neglecting to repair it, the prosecutor must prove, first, that the Dridge in question is a public bridge; and secondly, that it has been obstructed or permitted to be out of repair; and, in the latter case, the liability of the defendants to repair.
Proof of the bridge being a public bridge. A distinction between a public and a private bridge is taken in the 2nd Institute, p. 701, and made to consist principally in a public bridge being built for the common good of all the subjects, as opposed to a bridge made for private purposes, and though the words "public bridges" do not occur in the 22 Hen. 8, c. 5 (called the statute of bridges), yet as that statute empowers the justices of the peace to inquire of "all manner of annoyances of bridges broken in the highways" and applies to bridges of that description, in all its subsequent provisions, it may be inferred that a bridge in a highway is a public bridge for all purposes of repair connected with that statute. 1 Russ. Cn. 530, 5th ed. A public bridge may be denned to be such a bridge as all His Majesty's subjects have used freely and without interruption, as of right, for a period of time competent to protect themselves, and all who should thereafter use them, from being considered as wrong-doers, in respect of such use, in any mode of proceeding, civil or criminal, in which the legality of such use may be questioned. Per Lord Ellenborough, R. v. Inhab. of Bucks, 12 East, 204. With regard to bridges newly erected, the general rule is, that if a man builds a bridge, and it becomes useful to the county in general, it shall be deemed a public bridge (but see the regulations prescribed by the 43 Geo. 3, c. 59, s. 6, post, p. 354), and the county shall repair it. But where a man *^50l *°uilds a bridge for his own private benefit, although the pub■I lie may occasionally participate with him in the use of it yet,