vaj
^a^.
^;.
^o.
m-
IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
I.I
'" IIIM |||||M
■" IIIM i^
• *M mil 2.0
1.8
1.25
1.4
1.6
^ 6" _
►
V]
<^
/a
o
el
e
ei
S"
O
/a
/
/^
Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, NY. 14580
(716) 872-4503
^^
^^'
<r
^9)
V
\
\
6^
%
V
,<'
^0^
% '^^
(p-
o^
CIHM/ICMH
Microfiche
Series.
CIHM/ICMH
Collection de
microfiches.
Canadian Institute for Historical Microreproductions
Institut Canadian de microreproductions historiques
1980
Technical and Bibliographic Notes/Notes techniques et bibliographiques
The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographically unique,
which may alter an- of the images in the
reproduction, or w lich may significantly change
the usual method of filming, are checked below.
D
D
D
n
Coloured covers/
Couverture de couleur
I I Covers damaged/
Couverture endommagde
Covers restored and/or laminated/
Couverture restaurde et/ou pellicul6e
I I Cover title missing/
Le titre de couverture manque
I I Coloured maps/
Cartes gdographiques en couleur
Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)
I I Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur
Bound with other material/
Reli6 avec d'autres documents
Tight binding may cause shadows or distortion
along interior margin/
La reliure serr^e peut causer de I'ombre ou de la
distortion le long de la marge intdrieure
Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajoutdes
lors d'une restauration apparaissent dans le texte,
mais, lorsque cela 6tait possible, ces pages n'ont
pas 6t6 filmdes.
Additional comments:/
Commentaires suppl6mentaires;
L'Institut a microfilm^ le meilleur exemplaire
qu'ii lui a 6t6 possible de se procurer. Les details
de cet exemplaire qui sont peut-dtre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mdthode normale de filmage
sont indiqu6s ci-dessous.
I I Coloured pages/
D
Pages de couleur
Pages damaged/
Pages endommagdes
Pages restored and/oi
Pages restaurdes et/ou peliiculdes
Pages discoloured, stained or foxe(
Pages d6color6es, tachetdes ou piqu6es
I I Pages damaged/
I I Pages restored and/or laminated/
I I Pages discoloured, stained or foxed/
n Pages detached/
Pages ddtachdes
□ Showthrough/
Transparence
I I Quality of print varies/
Qualit6 indgale de I'impression
Includes supplementary material/
Comprend du matdriel supplementaire
Only edition available/
Seule Edition disponible
Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6t^ film6es d nouveau de fapon d
obtenir la meilleure image possible.
y
10X
This item is filmed at the reduction ratio checked below/
Ce document est filmd au taux de reduction indiqud ci-dessous.
14X 18X 22X
26X
30X
Y
12X
16X
20X
24X
28X
32X
ire
details
es du
modifier
er une
filmage
ies
The copy filmed here has been reproduced thanks
to the generosity of:
Library of the Public
Archives of Canada
The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.
Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appioprlate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.
The last recorded frame on each microfiche
shall contain the symbol —^ (meaning "CON-
TINUED"), or the symbol V (meaning "END"),
whichever applleu.
Maps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, as many frames as
required. The following diagrams ilEustrate the
method:
L'exemplaire film6 fut reproduit grdce d la
g6n6rosit6 de:
La bibliothdque des Archives
publiques du Canada
Les images suivantes ont 6t6 reproduites avec le
plus grand soin, compte tenu de la condition et
de la nettetd de l'exemplaire film6, et en
ccnformitd avec les conditions du contrat de
filmage.
Les exemplaires originaux dont la couverture en
papier est imprimde sont filmds en commenpant
par le premier plat et en terminant soit par la
dernidre page qui comporte une empreinte
d'impression ou d'illustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
originaux sont filmds en commengant par la
premidre page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la dernidre page qui comporte une telle
empreinte.
Un des symboles suivants apparaitra sur la
dernidre image de cheque microfiche, selon le
cas: le symbole — ♦- signifie "A SUIVRE", le
symbole V signifie "FIN".
Les cartes, planches, tableaux, etc., peuvent dtre
filmds d des taux de reduction diffdrents.
Lorsque le document est trop grand pour §tre
reproduit en un seul cliche, 11 est filmd d partir
de Tangle sup6rieur gauche, de gauche d droite,
et de haut en bas, en prenant le nombre
d'images ndcessaire. Les diagrammes suivants
illustrent la mdthode.
f errata
d to
It
le pelure,
pon d
n
1
2
3
32X
1
2
3
4
5
6
-f^:^
i
li
I
I
t!
HINTS
ON THE
|3iniinmnitnnj tm of Jignini
AND OF
CORRUPT PRACTICES
AT ELECTIONS FOR THE HOUSE OF COMMONS,
COMPILED FOR THE USE OF
CANDIDATES AND COMMITTEES,
BY
TIIOMAH HODGINH, Q.C.
Printed for Private Clpciiliitlon by the Ontario Keform Association.
GLOBE PRINTING COMPANY, 26 and 28 KING STREET EAST.
HINTS
ON' THB
larlinnieiifnnj ICimt of Sgniri]
AID or
CORRUPT PRACTICES
AT ELECTIONS FOR THE HOUSE 01^ COMMO^kS,
COMPILED FOR THE USE' OF
CANDIDATES AND COMMITTEES,
BY
THOMAS H0DGIN8, Q. O.
r* ♦ ■
Printed for i'rivate Circulation liy tlie Ontario Reform As8oeialion«
GLOBE PRINTING COxMPANT, 2C and 28 KING STREET EAST.
C-ON TENTS.
Law of Election Agency 9
Acts of Election Agency a
l.—Cases brjore Eleciion Committees S
2.-~Case8 before Election Judges 9
COiMMITTEES |1
Volunteer Committees „ 13
Sub-Agency 12
Limitkd Agency 13
Agent Acting Fuaudulently 13
Corrupt Practices 13
LaiDs of Dominio a and Provinces 13
Bribery .. .. ... 15
Treating 18
Undue Influence ,^ 19
Personation 20
Hiring Vehicles, and PxVYMent of Travelling
Expenses ^ 21
Illegal Act.s Not Corrupt Practices ... ... 21
Paid Agents AND Canvassers ., 22
Subscriptions to Charities, &c. ... ^3
HINTS ON THE LAW OF ELECTIONS.
LAW OF ELECTION AGENCY.
'• What constitutes an agent is very ill defined. "--Pc J* Blaceblrn, J.
Th"e law of agency in election matters bears closer analogy to the
law of master and servant than to the ordinary i-iw of principal and
agent in commercial transactions. Thus, at common law, a principal
is Tiot held responsible for the consequences of an ille<]jiil act done
by an agent, if it is not within the scope of the agent's employment ;
nor for a wilful and malicious act committed by an agent in the due
course of his service. But the relation of master and servant im-
poses upon the master a liability for an unhiwful act done by the
servant in the due course of his employment, and notwithstanding
that expre-is instructions may have been given to him by his master
not to do the act in an unlawful or improper manner.
The law of agency which would vitiate an election is iitterlj'^ diffe-
rent from that which would subject a cantPidate to a penalty, or an in-
dictment ; and the question ot his right to sit in Parliament has to be
settled on an entirely different principle. The relation is more on tlie
principle of master and servant, than of principal and agent. A master
is responsible for an aot of negligence on the part of his servant, uot-
Avithstaiiding what directions he may have given him. For instance, if
he is driving a carriage and carelessly does an injury. — Per Martin B.,
Norwich Election, 1 (J'M. & H. 10.
The analogy of the responsibility of the candidate for the acts of
his agent whi ^h I put, is a strong one — I mean that of the liability
of the sheriff" for the under-sheriff — when he is not merely respon-
sible for the acts wliich he himself has done, but also for the acts of
those whom the under-sheriff employs ; and not only re-])onsible for
the acts done by virtue of the mandate, but also for the acts done
under color of the mandate— matt ) s which have heen carrieil very
far indeed in relation to the sheriff.— P«r Blackburn J., Bewdley Elec-
tion, 1, O'M. & H. 19.
6 HINTS ON THE LAW OF ELECTIONS.
I might put a variety of cases in which a principal is held liable,
eren civilly, for an act of his aj?ent, which he never intende*!, and
at which he is exceedingly displeased. The c.-ise of a hank held
liable for the fraud of a manager or clerk ; the case of a person who
employs a man to navigate his boat for hire, held liable for the in-
fringement of a ferry by the boatman, without his authority and
against his will ; and a case which occurred in Loudon in the rivalry
between the omnibuses — where the proprietor of an omnibus was held
liable for the wilful act of his coachman in cutting in before another
omnibus, and injuring the vehicle and the horses, and injuiing one
of the passengers, for the purpose of getting a fare — having in his
mind at the time the compound motive of effecting his own spiiefnl
desire, and at the same time of getting before tht^ other omnibus to
get a fare for his master. — Per Willes J., WeMhiiry Ehxtion, I O'M.
& H. 54. It is a principle of substantive law that for the pre-
servation of the purity and freedom of elections, that the member
returned shall be answerable not only for his own acts, but tor the
acts of his agents. If a race were to take place between two vessels
for a prize, and the steersman aboard one of those vessels was to
thwart his opponent by declining to give way to the vessel tlial had
a right to keep her wind ; or if one of the crew hoisttul an extra
sail not allowed by the rules of the race, and the vessel aboard whi«h
that foul play took place was to come in first, the owner could not
claim the prize, even by showing that he was away, that he had noth-
ing to do with the misconduct of his servants, or even that he forbade
them to be guilty of such misconduct ; nor could he mend his [losition
by showing that if no such misconduct had taken place, his vessel
would, nevertheless, have been sure to come in first. Ptr Willes J.,
Tamworth Election, 1, O'M. & H. 81. As it has been expressed from
early time— no person can win and wear a prize upon whose behalf the
contest has not been legitimately and fairly carried on ; and whether it
be the person who contends — in respect of any unfair play of his own ;
whether it be the owner of a horse — in resj)ect of the tmfair play of
his jockey ; whether it be the owner of a ship — in respect of the fault
of his steersman, or the hoisting of an additional sail, against the rules
of the race, by one of the seamen ; or whether it be a candidate in a
parliamentary contest — in respect of his agent ; in every one of those
cases — whether it has been the principal who has been guilty of ille-
gality, or whether the illegality has been committed by the agent
only, even without his authority, or against his will, provided it be
done in his agency and for the supposed behalf of his principal —
such principal must bear the brunt, and cannot hold the benefit in
respect of that in which the agent has compromised him, and, in a
matter of this description, has also betrayed the public, who have a
riffht that a just election beheld. Per Willes J., Blackburn Election.
1 O'M. & H., 202. The law is a stringent law, a harsh law, a hard
)
eld liable,
iicled, and
bank held
tersnn who
or the in-
hority and
the rivahy
IS was held
re another
jurinn; otie
ing in his
vn spiteful
•mnibus to
uu, 1 O'M.
)r tile pre-
he member
])ut tor the
two vessels
sels was to
;el that had
I an extra
oard whi«h
• could not
e had noth-
lie foi-bade
lis i»osition
his vessel
Willes J.,
'essed from
behalf the
wii ether it
■ his own ;
ir play of
)f the fault
t the rules
lidate in a
ne of those
ty of ille-
the agent
vided it be
)riiicipal —
benefit in
, and, in a
ho have a
n Election,
■iw, a hard
HINTS ON THE LAW Or ELECTIONS. 7
law ; it makes a man responsible, who has directly forbidden a thinjf,
when that thing is done by a subordinate agent. It is in point of fact
making the relation between a candidate and his agent, the relation
of master and servant, and not the relation of princij)al and agent.
Per Martin B., Westminster Election, 1 O'M. & H. 95. If a man gives
another person a general authority to act in his business for him, he is
responsible for all his agent's acts, but he is not responsible for the
acts which his alleged agent chooses to do on his own behalf. But if
that construction of agency were pnt upon acts done at elections, it
would be almost impossible to prevent corruption. Accordingly, a
wider scope has been given to the term " ageru'y " in election matters,
and a candidate is responsible generall}', you may say, for the deeds
of those who to his knowledge, for the purpose of promoting his elec-
tion canvass, and do such other acts as may tend to promote hiss elec-
tion. P«rGrove J., Wakcfidd Election, 2 O'M. & H., 102. Where in
these election petitions it is proved that a candidate is having his
election carried on by a committee or certain canvassers, and those
canvassers do something which will invalidate the election, it is
held that he is responsible for it in the sense of making the validity
of the election depend upon it. I do not see how thes(; election peti-
tions would be of the least use otherwise, because J suppose th(a-e are
very few candidates indeed who undertake the ])ractice of corruption
by their own hand. 1 presume there are e(iually few candidates, or
very nearly so, who ever say to their agents that they are to proceed
corruptly in the matter of the election. Per Lord Barca|)le, Greenock
Election, 1 O'M. & H., 251. Under the allegation, "other persons in
his behalf," it is competent for the petitioner to go into any act of
bribery by the respondent, and further, to go into any acts of bribery
by a person who, by reason of the construction ])ut on these Acts of
Parliament, or I may say, the law that wAs lai(i down by Committees
of the House of Commons (a construction which to some extent is
binding on us) was acting on his behalf. Ftr Martin B., Xoririch
Election,, 19 L. T. N. S., til7, On the ipiestion, " What is the defini-
tion of agency ?" a (Question of very great ditHculty, the decisions of
P^lection Committees, so far as I have been able to look at them, do
not assist me at all, because that tribunal, from the way in which it
was constituted, did not give any reasons for any of those decisions.
Per Blackburn J., iStaleyhr Ubje Election, 1 0'M.*& H., (59.
8
• HINTS ON THE LAW OF ELt^CTIONS.
ACTS OF ELECTION AGENCY.
a.
I
1. — Cases Before Elcctipn Committees.
In t'lie followinf^ cases, — decided hy the Klection Coiiimittees of
the ]*2ii,ijlish House of CoJiinions ]irior to the Parliamentary Elections
Act of 18(;8, which transfcrre(] tlie jurisdiction in Election cases to
the Election .Jud^^^c^ — the nets ]uovcd wvie held suHicient evidence of
ageni-y, lor which the candidate M-as held resj)onsible.
Canvassinjj with the sitting niemlier, and attei.-ding committee
meetings when the sittinj:^ member was ])iesent. Great Yarmouth
EJrciion, 1 P. Pv. & I)., o-H. Iknuf; ]>r<'sent with the sittin^; member
at cntertainmenus to wliich the cltH'tiun a,i;;ent invited eie<-.tors. l.s/5
Lancaster EleeA'wr,, Ibid. W. Oanvassirij]j with the sittinjx member and
lor liiui, and introdut'inti; the sitting member to the electors. 2.nd
Jlorslavin Electron, ibi'L, 251-3. Attending ihe sitting m^'mber in his
canvass, and generally employed by a committee to canvass electors,
Liverpool EIrrlion. "2 P. K. <& I). 51. Canvassing with the sitting
nieniber ; making out th.e list of messi'iigers who were paid by the
sitting member's cotimiittee ; ordering breakfast for voters, and be-
lieved l(» be in th(^ sitting member's committee room. Oxford Eleetiov,
W. & D. lo7. Canvassing with the sitting member and attending in
his committee room ; nameenteied onl^el'st of metnber's supy)orters,
and having a dfjtosit of money in his hands for election jiurpose.s.
(i((hc(iii LJliction. W. tV 1). , llU-l. (Jan vast ,ng voters personally and
in company with the sitting niemher ; engaging the sitting member's
committee rooms ; dining with the sitting nuMnber at the rooms, and
I'aying tlie bill. Falkirk Election, M^ k D., ]t)9. Employing door-
kee])eis for committee rooms ; tiominating his party's list of special
constables, the list being in the hand-writing of a clerk of the sitt-
ing member's electiorr agent ; attendinsi committee rooms and giving
directions there ; present when the parties em])loyed were paid at the
close jf the election, and directing how nnich should be paid. Great
Yannouth Election, AV. & D. 185. Attending at the tally-rooms of the
sitting member's committee on the nomination and polling day, and en-
gaged at writing there ; canvassing electors in the presence of the sitt-
ing member's sons. Dronh<'(lit Election, y^ . k D 210. Pre.sident of a
society for promotin? the election of the sitting member ; chairman of
a meeting addressed by the sitting member , several times at the sitt-
I
yiNTS ON THE LAW OF ELECTIONS.
9
iimittees of
■ Elections
)n eases to
evidence of
committee
Yarmouth
tif; member
!«-.tors. \fit
lember and
;tors. Ind
Tiber in his
> el CI 'tors.
he sittint(
aid by the
s, and be-
d Electio')) ,
tending in
up})orters,
juirpose.s.
onally and
f member's
rooms, and
ying door-
of special
of the sitt-
ind giving
)aid at the
A. Great
)oms of the
ay, and t-n-
of the sitt-
sident of w
lairman of
t tliB sitt-
ing member's, committee rooms; taking voters to the poll; hiring
men to bring up voters — the men so hired being 'pai(i by the sitting
member's election agent ; })aying accounts for ascertaining the political
state of the constituency and for advertising Duhliii Election, W. &
D. 230. Asking the sitting member to be a candidate ; meeting Lim
on his arrival ; joining in the })rocession ; addressing the electors on
behalf of the sitting member and in his ])resence, and constantly with
the sitting member during the election. Htvcrh'ij Ehi'iUm^ W. &
B. 79.
But by some Election Ctmmittees the following acts were held
not to be sufficient evidence of agency: — Being in CDmpany with the
sitting member's election agent in the sitting mend>er's coniuiittee
rooms ; walking arm in arm with the sitting member, and making a
speech in favour of the sitting menibe • during the election. "l)id
Sli<io Election, P. R. & D,, 212. Being an active member of a com-
nnttee, and being placarded as a member of a committee in a pub-
lished list. North Cheshire Election, 1 P. R. & D,, 222. Canvass-
ing electorjs although not seen in the sitting menibci's comndttee
rooms. Bolton Election. 1 P. R. & D. 52. Bemg on a local committee,
giving voting papers, and paying canvassers. Preston. Election, W". &
B. 73.
2. — Cases Before Election Jiuhjes. i
The general position is that a person employed to canvass and get
a vote is an agent for whom the candidate must be to that extent
responsible. As a general proposi ;ion, that would go a great way to-
wards saying who is an agent, but I don't think we can take it as an
absolute hard-and-fast rule on wliich we can say, that, whenever a
case of corruption has been brought home to a person who was within
this limit, the seat should be vacated. The effect of that would be to
say that whenever there were volunteers who wer . acting at ail, and
whose voluntary acting was not repudiated by the candidate or his
agents, — whenever, in fact, a person came forward and said, "I will act
for you, and endeavour to assist you," and the candidate or his agent
said, •* I am very much obliged to you, sir," any corrupt act done by
that volunteer, although unconnected with the miMiiber. would render
the election void. To lay down such hard-and-fast rules woidd at
times work great injustice. Each case must be considered" upon the
whole facts taken together, and it must be deternunt^d in that way
whether the relation between the person guilty of the corrupt act, and
the member, was such as to make the latter fairly responsible for it. —
Per Blackburn, J., Staleyhridge Election, 1 O'M. & H. 70.
I do not apprehend that agency is established, by merely showing
that a particular person has gone about with a candidate and can-
vassed. Canvassing will only afford premises from which a judge —
!l I
10
HINTS ON THE LAW OF ELEOTIONS.
discharging the functions of a jury — may conclude that agency i»
established. If a gentleman comes Jown to canvass a borough, and as
a kind of guarantee for his respectability, he is introduced to the voters
by persons of station and position in the borough, I am of opinion that
such canvassing — though it would be properly called canvassing —
would not be canvassing within the meaning of the words from which
I am to infer tlie agency existed. I draw in my own mind the widest
distinction between the kind of canvassing in the presence of the can-
didate, and canvassing of such a character as to constitute agency. —
Per Channel B., Shrewsburt/ Election, 2%0'M. & H. 3(5,
Autlioriiy to canvass — and 1 purposely used the word " authority''
and not " employment" because 1 mean the observation to apply to
persons authorized to canvass, whether paid or not, for their services, —
would in my opinion (Constitute an agency ; and that authority for the
general management of an election, would involve authority to canvass.
}'er Willes J., Wimhor Election, 1 O'M. & H. 3. Any act, however
t: ifling, is evidence of agenc^y, and an aggregate of isolated acts will by
iheir cumulative force, constitute agency, tliough no one of them
alone, if severed from the others, might be conclusive.
All agree that the relation is not the common law one of principal
and agent, ))ut that the candidate may be responsible for the acts of
one acting in his behalf, thouirh the acts be beyond the scope of the
authority given, or indeed in violation of express injunction. I am of
opinion that to establish agency, for which the candidate would be re-
sponsible, he must be proved, by himself, or his authorized agent, to
have employed the persons whose conduct is impugned, to act "on his
behalf, or to have, to some extent, put himself in their hands, or to
have made common cause with them, for the purpose of promoting his
election. Mere non-interference with persons who, feeling interested
in the success of the candidate, may act in support of his canvass, is
not sufficient, in my judgment, to saddle the camlidatc with the un-
law'ful acts of others, of which the tribunal is satisfied he, or his au-
thorized agent, is ignorant. Per Grove J., Taunton Election, 2 O. &
H. 74.
In the following cases the evidence was held sufficient : —
Going round with respondent and canvassing the electors. Lich-
field Election, 1 O. tfc H. 25. Canvassing and bringing up voters to the
poll. Norwich Election, 19, L. T. N. S. G18. The wife of the can-
didal may be h'ld to be his agent. Hastings Election, Judgments 235.
Being a member of a committee consisting of a limited number of
persons. Westminster Election, 1 O. & H. 92. Canvassing alone,
and with or without a canvassing book. Stale y bridge Election, 1 0. &
H. 70j Lichfield Election, Ibid. 25. Attending meetings and speak-
ing on behalf of the candidate. Galway Election, IS7 2 ; West Wel-
lington Election {Fahey'sCase) 11 Jour. Leg. Assem., Ontario, p. 10.
it agency is
)ugh, and as
to the voters
opinion that
anvaasing —
from which
d the widest
1 of the can-
;e agency. —
* authority''
to apply to
r servioea, —
ority for the
f to canvass,
ict, however
acts will by
one of them
of principal
the acts of
cope of the
n. I am of
vould be re-
ad agent, to
5 act "on his
lands, or to
omoting his
f interested
canvass, is
ith the un-
i, or his au-
rmi, 2 O. &
ors. Lick'
v^otera to the
of t)ie can-
iiments 235.
number of
^sing alone,
io>i, 1 0. &
and speak-
West Wel-
io, p. 10.
HINTS ON THE LAW OF ELErTlONS.
COMMITTEES.
11
Committees are, collectively and individually, agents. Per Loi-d
Kenyon, C. J., Rider \. Moore, Clitf, 371. A member of a committee
who conducts an election for a candidate is su'*h an agent as shall bind
his principal in his acts. Honcijirood v. Oeary, Esp. 119.
Persons who do what committee-men formerly did, and are seen
taking an active part in the election, arc just as much committee men
as if they were called so. Per Willis J., Lichfield Eledlon, 1 O. & H. 2i>.
The committee man wdiom I mean, and wdioin I would hold the re-
spondent responsible for, is a committee man in the onlinary intel-
ligible sense of the word, that is to say, a person in whom*t;iith is put
by the candidate, and for whose acts, therefore, lie is responsible. Per
Martin B., JVestminstcr Election, 1 0. &. H. 92.
Instructions for c(mducting the election were sent to the various
ward committees. The learned judgi^ said : These instructions, signed
as they are by the respondent's conducting agents, are a clear, distinct,
and manifest adoption of all the members of the ward coinniitt(^es as
agents. Here, under the hands of the conducting agmits, is a distinct
and positive recognition of all the members of the ward committees,
and their acts are just as much the acts of the coiulucting agents as if
they had all been sepirately appointed by those agents ; as if they had
all gone round to each of those WMrds, and nominated every man of
them, beginning at the pir'sident down to the honorary secretary.
Per Keogh J., Dublin Election, 1 0. & H. 272. When a Conservative^
association was formed for the pur])0se of conducting the registration of
voters, and at the time of the election, the agents of the respondent
acted in concert with it in promoting the election, and the respondent
and his agents knew that the association was actively canvassing in the
respondent's behalf, the association were held to be agents of the re-
spondent. Taunton Election, 1 0. & H. 181. A Conservative asso-
ciation issued a circular retiuesting tliei)aity to secure, in the municipal
and parliamentary elections, the success of the respondents. The asso-
ciation was afterwards adopted by the respondents in the pluce of a
committee for the management of the election, and weie therefore h(dd
to be their agents. Bladdmrn Election, 1 O. & H. 200.
VOLUNTEER COMMITTEES.
In a case where I am convinced that the parties w'ere real hmot
fide volunteer voters, acting for themselves, not selected by the can-
didate, or chosen by him at all, but really bond fide in a business-like
manner the voters of the district choosing sober and respectal)le men,
in whom they had confidence, to be the head of their own department,
and acting together, a messenger who is sent by one of them is not
so directly connected with the candidate or any of his responsible
12
HINTS ON THE LAW OF ELECTIONS.
agents, as to make him responsil>le. StayUyhridge Election, 1, 0. k
H. 72. Where it was not proved how one P. got on a committee,
or who Tiominat(?d him, or what his duties were, or w^hat he did, ex-
cept that he stated he understood that his duties wen: to do the best
for tlie respondent — held not an agent. Windsor Election, 2, O. &
H. 89.
A ** Workingman's ConsiM'vative Association" was proved to be
an indcpei' ! «>t ))olitical organization, acting in its own behalf, but
its funds were exi)ended in canvassing persons to vote for the respon-
<lent; held, that the corrupt act of one who canvassed for the associa-
tion did not all'ect the respondent. W esfm'wMer Election, 1, O. & H.
91. A Liberal Association was formed, with a view of promoting the
interests of the liberal j)arty, to which the respondent and other gen-
tlemen of similar political opinions contributed. The manager of
the associ ' ion employed one to attend the registration as objector,
on behalt of the liberal party ; the association was held not to be
a;.^ents of the respondent. Wigan Election, 1, O. & H. 189.
SUB-AGENCY.
There is always a great difference in the degrees of agency. As
you go lower dow^i, you reiiulre more distinctly to show that the act
was done by a person whom the candidate would be responsible for.
As you come hiirher up, it is more as if the candidate had done it liim-
sclf. /Vr Blackburn J., Hcn'/ord Election, 21 L. T. N. S. 118. A
peisnn proved to be the direct agent of a candidate is not only himself an
agent, but he also makes those agents of the candidate whom he employs.
Ibid. Beiodley Election, 1 O. & H. 13. A candidate is responsible for
the illegal acts of a sub-agent, appointed by a man who was his agent
for all lawful purposes, and who gave general directions that th«
order of the sub-agent should be complied with. Middlesex Election,
2 Peck. 32.
A person appointed by the election agent to incur expenses and
furnish an account of his expenditure in a ward, and being in com-
munication with the chairman of the central committee up to the
polling day, was held to be a sub-agent, for whose acts the candidate
was responsible. Preston Election, 1 0. & H. 74. The wife of an
agent held to be a sub-agent. Cashel Election, 10. & H. 288. A
salaried clerk of a ])erson authorized by a candidate to conduct his
election, will affect the candidate by a coirupt act. Bewdley Election,
19. L. T. N. S. 676. If a candidate or his agent employ a person to
bring up a voter to the poll, and that person does corruptly wdiat he
was instructed to do incorruptly, the candidate must take the conse-
quences of that person's act, Staleybridge Election, 20 L. T. N. S. 75.
Where an agent r.f a candidate handed a voters' list and canvassing
book to a third party, such third party was held a sub-agent, and his
corrupt act avoided the election. Wetland Election, 11 C L. J. N.
^. 2/l>.
ttTNT.S ON THE LAW OF ET-ECTION.S.
v^
',on,
1. O. k
L committee,
he did, ex-
do the best
Hon, 2, O. &
proved to be
1 behalf, but
the respon-
the associa-
, 1, O. &H.
romoting the
d other gen-
manager of
as objector,
Id not to be
189.
agency. As
that the act
sponsible for.
done it him-
S. 118. A
y himself an
he employs.
sponsible for
as his agent
pns that the
isex Election,
e
expenses and
eing in com-
np to the
le candidate
! wife of an
H. 288. A
conduct his
ley Election,
a person to
itly what he
the conse-
T. N. S. 75.
canvassing
;ent, and his
C. L. J. N.
LIMITED AGENCY,
A person employeil to canvass a particular voter or votes only (as
a manufacturer his own workmen), makes the candidate liable to that
limited extent. — Westhury Election, 1 O. & H. 48. So, a lan<llord
canvassing his own tenants .—TN'orM Norfolk Election, 1 O. & H. 237.
Such a person would be one whose authority was limited to .^uch
v^otes or voters, and his illegal act in respect of others would not affect
the candidate, because he would be only an agent in the particular
limited capacity. — Bodmin Election, 1 0. & H. 120.
AGENT ACTING FRAUDULENTLY.
If it had been proved that M., at tlio time ho was the paid agent
of tlie candidate, was planning to betray him, I do not think he could
any longer be considered as such agent, so that his acts would vacate
the election. If a member employs an agent, and that agent, con-
trary to his wish, and contrary to his diicciion, commits a corrupt
act, the sitting member is responsible for it ; but when he employs
an agent, and the agent treacherously or traitorously agrees with the
other side, then if he does a corrupt act it would not vacate the seat.
— Per Blackburn J., Stafford Election, 1, 0. & H. 230. If a man
who was em])loyed as an agent deliberately communicated with the
other side, and committed an act of bribery to avoid the S(Mt, it cer-
tainly would not avoid the seat, for this reason, that fraud avoids all
acts as against the fraudulent party. What the agent does must be
within the general scope of his authority, and must be done for the
benefit of his principal ; but immediately he sells himself to the other
side, he does some act in pursuance of a design of his own, and for
his own benefit, and the principal is rid of him. Per Willes J., Com-
mittee en Parliamentary and Municipal Elections, p. 441.
CORRUPT PRACTICES.
Law8 of the Dominion and Provinces.
By the Dominion Elections Act, 1874, sect. 98, "The offences of brib-
ing, treating, or undue influence, or any of the off'ences defined by this or
any other Act of the Parliament of Canada ; personation, or the in-
ducing any person to commit personation, or any wilful offence against
any one of the six next preceding (92, 93, 94, 95, 96, and 97) sections
of this Act. shall be corrupt practices, within the meaning of the pro-
visions of this Act. "
14
HINTS ON THE LAW OF ELEOTIONSJ.
Hi \
'i
\ \
«(
And hy the Dominion Controverted Ejections Act, 1874, section 4,
* corrupt practice,' or 'corrupt pvactices,' shal Jmean acta in refer-
ence to elections which are declared to be corrupt practices by the
Dominion Elections Act, 1874. or any othi^r Act of the Parliament of
Canada, or recognized as sacli by the common law of Parliament."
By section 103 of the Election Act, if a candidate personally engnges,
as canvasser, or agent any person whom he knows to have been, within 8
years previous to such engagement, found guilty of any corrupt practice
by any competent tribunal, or by the report of any judge or other
tribunal for the trial of election petitions, the election of such candi-
date shall be void.
In Ontario, corrupt practices at elections for the Legislative
Assembly are the same as those which a])})ly to elections for the
House of Commons — vdth the addition of (1) Selling or giving spirituous
liquor at any hotel, tavern, shop or other place within the limits of a
polling sub-division (R. S. O., section 157) during the hours appointed
for polling {Ibid, section 2, sub-section 11.) (2) Treating at Meet-
ings of electors, [Ibid, s. 15.) (3) Members of the Legislative Assem-
bly receiving fees for drafting or promoting to bribes, or other
parliamentary services, is also a corrupt practice. — (R. S. O., c, 12,
ss. 40, 43).
In Quebec, corrupt practices at .elections for the Legislative As-
sembly, are the same as those which apply to elections for the
House of Commons, loith the addition of (1.) Bets by a candidate or his
agent with a qualified elector, concerning or in relation to any election,
(38 Vic, c. 7, section 254, Que.); and (2). The payment of money, or
other valuable consideration made to any person to engage him to
work, or for having worked, as a canvasser (39 Vic, chap. 13, sec.
19 Que.)
In Nova Scotia, corrupt practices at elections for the General
Assembly are limited to (1) Bribery, and (2) Undue Influence. — (R.*
y.N.S., c. 5.)
In New Brunswick, corrupt practices at elections for the Gene-
ral Assembly are limited to (1) Bribery, and (2) Treating. — (32 Vic,
chap. 32. N. B). "The common law of parliament, or, in other
words, the parliamentary law of agency, is in force in thjs Province,
(N.B.), and is to be acted upon in administering the Bribery and
Corruption and Election Petitions Act of 1869." — Duffy <£• Ryan, 3
Pugsley, N. B. 110.
In Manitoba, corrupt practices at elections for the Legislative
A^ssembly are the same as those which apply to elections for the
House of Commims, with the addition of (I) Bets by a candidate
or his agei't, with a qualified elector, concerning, or at the time of,
any election. — (32 Vic, c 2, Man). (2) Constraining or inducing
any one to take a false oath, where an oath is required, at the elec-
on. — Ibid.
In British Columbia, corrupt practices at elections for the Leg-
HINTS ON THE LAW OF ELECTIONiS.
15
4, section 4,
ct8 in refer-
tices by the
irliament of
ament."
ally engnges,
?en, within 8
rupt practice
dge or other
such candi-
Legislative
ions for the
^g spirituous
.e limits of a
Lrs appointed
ing at Meet-
ative Assam -
es, or other
5. 0., c. 12,
rislative As-
ions for the
didate or his
any election,
of money, or
igage him to
lap. 13, sec.
islative Assembly are limited to (1) Bribery; (2) Treating; (3) Un-
due inllueuce, — (34 Vic, No. 158 B. C. ^; and (4) Personation— (3t>
Vic, No. (), B. C.)
BRIBERY.
tlie Generfll
uence. — (R.-
)r the Gene-
—(32 Vic,
or, in other
lis Province,
Bribery and
<£• Ryan, 3
Legislative
tions for the
a candidate
the time of,
or inducing
at the elec-
for the Leg-
The clauses of the Election Act relating to bribery are the 92nd
-and 93rd. The offence of bribery has been thus defined : When-
ever a person is bound by law to act without any view to his
own private emolument, and another, by a corrupt contract, engages
such person, on condition of a payment or promise of money or other
lucrative consideration, to act in a manner wlii< h he shall prescribe,
both parties are by virtue of such contract guilty of bribery, SI.
Ives Elcctiony 2 Doug. El. Cas. 195. It is the oHering of money or
money's worth with the view of influencing a vote. It must be cor-
rupt — i. e., to influence votes. Chelienhani Election, 1 0. & H. 65.
To produce that result which the Legislature intended to forbid.
fFaUirxjhaDi Election, 1 O. & H. 60. Contrary to the intention of the
Act, with a motive or intention by means of it to produce an effect
upon the election, not going so far as bribery, but with a motive
thereby to influence the election. Hcvpford Election, Judgments
109. Any offer of money or money s worth is equally forbidden : "It
cannot be supposed thnt an otter to bribe is not as bad as the actual
]>ayment of money. It is a legal ott'ence. " Per Willes, J., Corievtry
Election, 1 O. & H. 107. A promise or offer to cause a workman or
other person to be no loser by his coming to vote, comes within the
meaning of the Act, and is an act of bribery and corruption. Staley-
brklije Election,. \ O. & H. 67. So a prom! .; to remunerate a voter for
his loss of time ; Simpson v. Yeend, L. li. 4 Q. B. 626, s, c, 10 B. A
S. 752. So the jjayment, shortly before the election, of 5.^. each to a
number of voters who had attended on the registration of voters, as a
day's pay for their loss of time. Taunton Election, 10. & H. 181. An
offer of reward in any shape, will constitute the offence of bribery.
Halton Election, 11 C. L. J. N. S. 273. Giving leave to shoot rabbits,
not so much from an abstract sense of justice to the electors, but from
a desire to influence the election, and so a corrupt act. Launceston
Election, 2 O. k H. 129. Th(^ payment of money to take a voter
out of the custody of the sheriff, to enable him to vote, is bribery.
Londonderry Election, 10. «fe H. 275. So the payment of voter's
taxes to induce him to vote. L-hiltcnliaw, Election, 10. <fc H. 63.
Must be done corruptly. Oldham Election, Ibid. 164 ; Wigayi
Election, Ibid. 189. A " bribed voter, who has voted, loses his status,
and his vote is an absolute nullity, ; but until that is established,
his vote must stand as it appears on the poll-book." Per Martin,
B., in Norwich Election, 19 L. T. N. S. 621. An offer to secure a
seat in the Town Council for a voter was held to be bribery. Water-
ford Election, 2 O. & H. 25. So money given to a disqualified
voter is within the terms of the Act. • Guilford Election^ 1 O. &
!| !
16
HINTB ON THE LAVT' OF ELECTIONS.
H. 14 ; Lichfield Election, Ibid. 29, Givinsj money to forbear to vote,
is an offence within the Bribery Act, and subjects to the pen/ilty,
although the party actually voted for the opponent, or did not vote.
Bush V. lialliuff, Sayer. 289 ; Sulston v. Norton, 3 Burr. 1235 ; Simeon
on Alections, 207. It is immaterial whtithor the party corrupted had
a ricjht to vote, as the corrupter thought he had, and the other
claimed it. Lilley v. Come, 1 Selw. N. P. 647, n. It m'iU make no
difference in the corrupter's offence whether the voter agrees to the
corrupt bariain, or professedly assents, intending never to fulfil his
part of the transaction ; or indignantly rejects it. Htnslou) v. Faw-
cett, 8 A. & E. 51 ; Harding v IStokes, 2 M. & W. 233. Tlie voter is
guilty of bribery if he asks, receives, or takes ; or agrees, or contracts
for any money, &c., to give, or to forbear to give, his vote. The can-
dida.te is guilty of bribery if he by any gift or reward corrupts, or pro-
cures, any person to give or refuse his vote. Barnstable Elec-
tion, 1 Peck, 91. The offer, in order to become criminal, need not be
made to the voter himself. Clerk's Law of Ehctions, 79. Wherever
it is a crime to give, it is a crime to take ; ihey are reeiprocul. The
attempt is a crime, and it is complete on his side who offers it. Rex v.
Faughan, 4 Burr. 2501 ; Bex v. F/ympton, 2 Ld. Kay. 1377 ; Ward v.
B oughtori, 3 V. & B. 173; Iluntingtowerv. Gar-diner, 1 B. & C. 297.
The payment by a respondent through his ele<!tion agent of an inn-
keeper's account, to tlie amount of S362, 30, '*for exnensesof or«ie?/ns
during the election," in the absence of any proof as to the names and
occupations of, or the services rendered by, the persons styled
orateurs ; and payments moreover not included in the statement of
expenses required by law, were held corrupt practices on the part of
the respondent. Chamhly Election, 19 L. C. Jur. 86 ; afterwards
affirmed, Ihkl, 332. The gifn or loan of money by a respondent to a
voter, pending the contestation of the first election, is a corrupt prac-
tice falling with sec. 92 of Eluction Act of 1874, ib'id. One C, the
agent of the respondent, was found guilty of great carelessness, if not
reckless indifference, by placing the unrestricted use of considei'able
sums of money in the hands of various parties, and apparently showing
an indifference as to whether the law of the land was violated or not ;
but the evidence iiot connecting the respondent with the expenditure
of money, and he having on oath disclaimed knowledge of such a
reckless expenditure, although he had contributed $1,000, was not
held personally liable. Kingston Election, (1874), 11 C. L. J. N. S.
19. And so wdien a respondent did not make inquiries and did
not examine into the expenditure of a lai'ge sum of ^2,000, entrusted
to' his agent, until the election trial. Niagara Election, (1874),
10 C. L. J. N. S. 317. But the Court on an appt-al from the Judge,
held that circumstantial evidence was sufficient to show that corrupt
practices were committed by the agents of the respondent with his
knowledge and consent, notwithstanding his disclaimer on oath of
HINT8 O'S THE LAW OF ELECTIONS,
17
bear to vote,
}he penalty,
id not vote.
!35 ; Simeon
)rrupted had
d the other
■ill make no
Lgrees to the
to fultil his
'Joiv V. Faw-
The vofer is
or contracts
e. The can-
upts, or p7'o-
nstable Elec-
need not be
. Wherever
proc;^l. The
rs it. Rex V.
77 ; Ward v.
L B. & C. 297.
nt of an iiin-
es of orateurs
le names and
rsons styled
statement of
)n the part of
; ; afterwards
pondent to a
corrupt prac-
One C, the
■ssness. if not
considerable
mtly showing
lated or not ;
3 expenditure
(ige of such a
300, was not
L. J. N. S.
iries and did
00, entrusted
lion, (1874),
m the Judge,
that corrupt
ient with his
r on oath of
any knowledge of improper expenditures, and the decision, in his favor,
of the Judge trying the petition. The assent of a candidate to a
corrupt expenditure of money by his agents may be assumed from his
non-interference or non-objection when he has the opportunity. London
Election {\^1^), 24 C. P. 434. • See further South Grey Election, 8 C.
L. J. N. S. 17 ; East Toronto Election. Ibid. 113; South Renfrew
Election, IOC. L. J. N. S. 286 ; North Simcoe Election, Jhid, 232 ;
London Election. Ibid. 281 ; Cornwall Election, 10 C L. J. N. S. 313 ;
C. P. 487 ; Brockville Election, 32 Q. B.
C. L. J. N. S. 273 ; Welland Election,
South JJuron Elcc'ion, 24
132: Halton Election, 11
Ibid. 273 ; South Oxford Election, Ibid. 16) ; East Northumberland
Election, Ibid. 328 : Lincoln Election, (1st) 12 C. L. J. N. vS. 161.
The decisions respecting *' bets" or " •wagers," are conflicting. '* If I
liiy a wager of five guinens with A that he does nat vote for nie, it is a
bfibe." Anon., Lofft 552. Where a bet was laid upon the result
of a decision in the House of Lords, Lord Mansfield, C. J., said:
" If the wager had been made with one of the Judges, or one of
the Lords, it would have been a bribe. " Jones v. Randall, 1 Cewp.
30. A bet on the result of an electioh is illegal, and will not be en-
forced in the Courts. Allen v. Ilearn, 1 T. R. 56. From the
moment tlie wager is laiil, both parties are fettered. It has an influ-
ence on the mind. It is therefore laying them under pecuniary influ-
ence. Per Lord Mansfield, C. J., Ibid. A voter bet £10 to £5 with
another, that B would not be elected, lie made a bet of £1 with
another, that I) would beat B by 100 votes ; £1 with another that D
would beat B by 'iOO votes ; and afterwards he made a bet of £1 he
would win both hi> bets : Held, acts of bribery. Wo ceMer Ehction
(Dutton's Case), K. & Omb. 2.54. A voter bet £5 with another person,
not a voter, that B would beat E. After the bet, he and another voter
went to E's committee rooms, and withdrew the promises they had
made to vote for E. Aftt-r the election he received his bet : Held,
bribery. iVew Windaor Election {Bragf/ and Di/son's Cases), K. & O.
191. Aand P as agrents of R, a candulate, made several bets with
the suppwrters of N, the opposing candidate, in this form, " I bet
you $5, or $10, that you dare not vote for R." Several voters accepted
the bet, and voted for R : Held, that such bets were acts of bribery.
Lincoln Election, 1876. So, similar bets, as to one P, a candidate.
Niagara Election. 10 C. L. J. N. S. 317 Sed contra Monmouth Elec-
tion, K. A Omb. 416 ; Yom/hall Election, 4 F. & F. 404.
It seems hard at flr.st sight that a single act of bribery should
avoid an election, but when an act of bribery is committed the whole
election of the party bribing is tainted. Per Keating, J., Noricich
Election, 2 0. & H 41. "Any act committed previous to an election,
with a view to influence a voter at the coming election, whether it
is one, two, or three 3'^ear8 before, is just as much bribery as if it was
committed the day before the election, or the day of the election;
18
HINTS OX THE LAW OF ELECTIONS.
Nay more, if a man commits bribery on the firat week of a Parlia-
ment, and if he asks for the suffrages of that constituency in the last
week of the seven years which precede the dissolution, that act com-
mitted six years before can be given in evidence aorainst him, and his
seat would be forfetied. Per Keogh, J., Sligo Election, 1 0. «S: H. 302.
An Act of Parliament has been passed under which, if sitting mem-
bers or any of their agents pay in respect of the election, one shil-
ling in bribery at any time between the present hour and the last
hour of the session of this present Parliament, for 28 days alter every
suih payment, a new petition can be presented, and if such a pay-
ment be proved, the seat of the sitting member is efifectually gone.
Per Keogh, J., Galway Election, 1 O. & H. 305.
TREATING.
By the Dominion Elections Act, s, 94, is defined to be cor-
ruptly giving, or providing meat, drink, refreshment or provision,
to or for any person in order to be elected, or for being elected ; or
for the yiurposc of corruptly intluencing such person to give or refrain
from giving his vote at an election. And also the giving or causing to
be given to any voter .m the nomination day or day of polling on
account of such voLer having voted or being about to vote, any meat,
drink, or refrf\,iiment, or any money, or ticket to enable such voter to
procure refr.'shment. What the legislature means by the word * cor-
ruptly,' is lihis : that whenever a candidate is, by himself or his agents,
in any wny accessory to providing meat, drink or entertainment, for
the purpose of being elected, with an intention' to produce an effect
upon tl-e election, that amounts to corrujit treating. But everything
is involved in the question of intention, and it becomes important to
see what is the amount of the treating. The statute does not say or
mean that it shall depend upon the amount of drink. The smallest
tjuautity, given with the intention, will avoid tlie election. Per Bhick-
burn J. , JVd II intjford Election, 10. <fe H. 59. Whenever the inten-
tion is by means of tieating to gain ^Jopularity, and thereby to atlVct
the election, or even if the case is as perhaps it very often is, that per-
sons are afraid that if they do not provide entertainment and tlrink to
secure the strong interest of the publicans, and the })ersons ^ o take
drink whenever they get it for nothing — who are always a numerous
body — they will become unpopular, provided it is <lone in order to
affect the election, when there is an intention in the mind of the can-
didate or his agent to produce that eflect, it is corrupt treating, and the
seat ought to be vacated. Mallow Election, 2 0. & H. 22. Where no
evidence was given- at the election trial to show that equally convenient
places, and such as were more proper than taverns to be used for the
purpose of election meetings, could have been obtained, and where the
opponents also held their meetings at taverns, the keeping of open
houses, and treating at such taverns, was not held illegal. King-
.^ton Election, 1874, 11 C. L. J. N. S. 19. Treating, for the pur-
HINTS ON THE LAW OF ELECTIONS.
19
last
meat,
:)tev to
. ' c'or-
gents,
lit, for
effect
^thinji
ant to
say or
lallest
'>lack-
iuteii-
atfect
t per-
ink to
) take
eroiis
tier to
e oau-
Ind the
ere no
enient
or tlie
re the
open
King-
pur-
pose of influencing an election, was always an oEfonce at common
law, ns a species of bribery ; the only difference being that the
corrupting premium consisted of food, drink, or both. Rogers' Elec-
tion LftJO, 36f) ; Hwjhfs v. Marnha/l, 2 C. & J. 118. Rut it may be
d(»nl)t('d whether treating, in the sense of ingratiation, by mere hospit-
ality, even to the extent of profusion, was stiuck at by the common
law. Lichjidd Election, 1 0. & H. 25. By a standing order of the
House of Commons (21st Oct., 1678), and which may be taken to
enunciate the common law of Parliament, it was oidained *'that if
any person shall, at any time before the day of his election, give any
jiersou having vote at sucdi election any meat or drink, exceeding £10
in the whole, in any other place than his habitation for six months
past, he shall be guilty of bribery, and, if proved, ineligible by it for
such election." The Treating Act (7 Wm. 111. c. 4), passed in 1696,
is more comprelu'nsive. *' The greatest tiitference between the resolu-
tion and the statute consists in tlie evidence required of the facts ;
the former declares the facts alone, when da/// proocd, to be bribery
and criminal ; but the statute infers the guilt from the object and
intention ; the several acts must be don(! in urdcr to he circtcd, before
the j»enalty attaclujs, according to the woi'ds of the first section "
I/hswich ElrA'tion, note 1). 1 Luders (Jih A. general sy;>tem of treating,
houses thrown open so that people could get driidc without paying for
it, all for the purpcseof iiiHuencing votes, is contrary to the principle
of the common law. Bradford E/eclioii,, 1 O. & H, 41. The treating
must be done with a corrupt intent. Brecon Elccfion, (2) 1 0. & H.
121. So ijromise of refreshments in /ir/<itro, Bodmin Election, 1 0.
& H. 124. If a publican supply drink to voters without orders, and
the can<lidate subsequently pays him, such ratiticition would probably
br equivalent to the original treating. Per Willes, J., Covimittee on
Parivinuntary and Municipal Elections, 445. The giving of a single
pot of liquor to a single voter, intending thereby to gain the vote of
that voter, is a corrupt practice. Tam.ivorth Election, Leigh & LeM.
22. Where a dinner was given to 40 voters on the polling day at a
distant polling place in the winter, where there was no inn, and it
was not shown to have been coiriiptly given or accepted, held not a
corrupt })ractice. North Victoria Election, 11 C. L. J. N. S. Ifi3, 87
Q. B. -234.
UNDUE INFLUENCE.
Undue Influence is defined by s. 95 of the Election Act, and
may be of two kinds. (1) Force or intimidation by mobs or riotous
assemblies whereby the frcf dom of election is violated, and persons are
pievented from freely exercising their franchise, and the real political
feeling of the constituency is not ascertained. An election carried by
violence or force, or intimidation, would, by the common law of Par-
liament, be avoided. Cheltenham Election, 1 (). & H. 64 ; Lon</ford,
If
20
HINTS ON THE LAW OF ELECTIONS.
2 0. & li. 12 ; Stafford Election, Ju(ijj;ment8, 295 ; StaUyhridge Elec-
tion, 1 0. & H. 72 ; Galway Election, 2 0. & H. 196 ; Ferguson v.
Adams, 5 U. C. R, 191 ; Wilde \ . Bowen, 37 Q. B. 604 ; (2.^ In-
fluencing voters by appeals to their fears. This is defined to erabraoe
almost every case of improper influence, whether by physical intimi-
dation, clerical undue influence, or otherwise. Longford Elec ion, 2
O. & H. 16 ; Gatway Election, 2 O. & H. 37, 196. Thus, if (Jone with
the intent to interfere With the free exercise of the franchise, whether
by the removal of custom, or business, or employment. Blackburn
Election, 20 L. T. N. S. 823. The freedom of election is two-fold : a
voter must have an unbiassed judgment and be able to exercise it.
Sal ford Election, 20 L. T. N. S. 125. The law will not tolerate that
a man should tyrannize over the opinions of others. Northallerton
Election, 21 L. T. N. S. 116. Expelling or wrongfully discharging
voters shortly before or after a parliamentary election in consequence
of their polities, ihid. So if a landlord was to say to his tenant :
"If you do not vote for so and so, I will turn you out of your house. "
Ite(ji)iu V. BarnvcJl, 5 VV. R. 558. Where fellow servuwts or others
ill-treat one anotlur, and expel one another from their society, or the
common place <»f employment. Blackburn Election, 1 0. & H. 204.
Abducting, or what is vulgarly called "bottling," a voter, and exer-
cising any trick or fraud. Leigh and Le Marchant's Law of Elections,
32. So a voting card, or any traudulent device to induce voters to
believe that they could not vote for A. , and that their vote wt.)uld
only be valid if they put a cross opposite the name of B. Ibia. 124.
The issue of a circular containing a false statement as to how a candi-
date was inducing his friends to vote, is not within the act. East
Northumberland Election, 11 C. L. J. N. S. 328. See also Muskoka
Election, 12 C. L. J. N. S. 193. Sermons and threats by parish
priests, restraining the liberty of voters by declaring that the elec-
tors Avho voted for a certain candidate would commit a sin, or incur
ecclesiastical censures, or be deprived of the sacraments, are corrupt
practices. Charlcvoi.c Election, 1 Sup. C»". Can. 145 ; Galway Election,
2 0. & H 196, Expelling from a political, or religious, or benevolent
organization, on account of the political o])inions, or voting of a mem-
ber of such orgiinization, would also come within the ottence of undue
influence.
PERSONATION.
Personation is defined by s. 74 of the Election Act, to be, when a
person, at an election for the House of Commons, applies for a ballot
paper in the name of some other person, whether such nauie be that
of a person living or dead, or of a fictitious person, or who, having
voted once at any such election, applies at the same election for a
ballon paper. With the Ballot Act and secret votmg it becomes a
very dangerous thing if any one goes to vote and contrives to get a
HINTS ON THE LANV OF ELECTIONS.
21
^hen a
Iballot
that
laving
for a
Imes a
get a
vote registered in the name of another person when lie has ho right
to vote. If it is once brought home, and it is shown that a pai ticulai-
man did not vote, but another ])er9on personated him, the vote given
by that otljer person becomes invalid, and there is a provision in the
Act for inspecting the vote and striking the vote off on a hcrntiny.
Per Blackburn J., Gloucester Election, 2 O. & H. 64. Under the
English Act (6 Vic. c. 18, s. 86>, the leturning officer, on the declara-
tion of any agent that a person has committed peisonaiion and, im-
mediately after such person has voted, must order, by word of moulli,
the arrest of such person.
HIRING VEHICLES AND PAYMENT OF TRAVELLING
EXPENSES.
The intention of the legislature was, that voters should either
walk to the poll or go in their own cariiagea. Fer Martin, B., Sol-
ford Election, 1 U. & H. 135. Sve also East Toronto Elcdion, 10 C. L.
J. N.S. 248 ; Cornwall Election, Ibid. 313. The offer of paymg travel-
ling expenses conditional on the voter coming and voting, is an act of
bribery. Cooper v. Slade, 6 H. Lds. Cas. 746 ; Lichjicul Election, 1 O.
& H. 28 ; Stroud Election, 1 0. & H. 179. And is so at common la\y,
Dublin Election, 10. A H. 27 :^. But not when a railway ticket is
sent to the voter without conditions. Bo/ton Election, 2 O. & H. 144.
The payment of a voter's expenses in g"ing to the poll is illegal,
though not intended as a bribe. Lincoln Election, (1st) 12 C. L. J.
N. S. 161. See also Morth Victoria Election, IOC. L.J. N. S. 217.
By s. 96 of the Dominion Elections Act, 1874, ''any voter hiring any
horse, cab, cart, waggon, sleigh, carriage, or other conveyance, for any
can«lidate, or for any agent ot a candidate, for the purpose of conveying
any voter or voters to or from the polling place or jdaces, shall, ipi^o
facto, be disqualified from voting at such election, and for every .such
offence shall forfeit the sum of $100 to any person suing for the same."
ILLEGAL ACTS, NOT CORRUPT PRACTICES.
1. Providing or furnishing drink or other refreshment at the ex-
pense of the candidate to any elector during the election, by the candi-
date or any other person (sec. 87). Penalty |100 or imprisonment or
both.
2. Selling or giving spirituous liquors at any hotel, tavern, shop,
or other })lace within the limits of any polling district, during the whole
of the polling day (sec. 91). Penalty, $100.
3. Using ensigns, flags, &c., as party flags on the day of election,
or within 8 days before such day, or during the continuance of such
election, or the polling (sec. 88.) Penalty, $100 or imprisonment, or
both.
r
22
HINTS >N THE LAW OF ELECTIONS.
4, Furnishing or wearing ribbons, favors or labels, &c., d^^ring
the same period (sec, 89). Penalty, $100 or imprisonment, or both.
5. Entering the polling district during the polling day, armed
with firearms, swords, staves, bludgeons, or the like (sec, 86). Penalty,
|100 01' imprisonment, or both.
The mere doing of an act which the statute means to be subject
to a penalty, but does not declare to affect the election, could not
by any possibility affect the seat. Bulfon Election, 2 O. & H. 144.
PAID AGENTS AND CANVASSERS.
It is not a corrupt i)ractice to employ voters for the purposes of the
election, and to pay them the ordinary fair and reasonable remunera-
tion lor their services, but such voters thereby lose their franchise,
and are disqualified from voting. But where the remuneration is found
to be unreasonable or excessive for tlie nature of the work done or the
value of the services, or where the employment is cclorable, tlien a
corrupt intent may be inferred. Tlie following decisions show how-
far voters have been disqualified from voting: — A solicitor who was a
paid agent Ntw Windsor {BartGus Case) K. & Omb., 180. A town
clerk who read the proclamation, and sat in the i)olling booth with the
mayor during the election, and received payment therefor. Ibid.
{Seckei'^s Case) 185. A n flector employed as a special messenger during
the election, althougli it appeared tliat such was his ordiaary calling.
EDesham Election (George's Case), Fal. & Fitz. 527. A check clerk
employed and paid by one candidate, vote struck off the poll, including
tliatoi the other candidate by whom he had not been employed. Bed-
ford Election ( Wilcox's Case), P. & K. 136, s. c, C. ii K. 94. See
further, Worcester Election, K. & Omb., 246. The votes of the follow-
ir^g were allowed •.—An elector who was employed to erect the hustings,
and whose bill was afterwards paid. Ipsiuich Election {Page's Oc.se), K.
& Omb. 387. An elector who led the band and was paid. Monmot'th
Election {Partridge's Case), Ibid. 421. An elector who was a regular
constable of the borough, and for whose services a sum of money was
included in the town clerk's account to be ])aid to him. Nmc Windsor
Election {Lovcg^^orcs Case), K. & Omb. 183. So the town sergeants of
the corporation, who were paid out of the rates for their services at the
election. Ipswich Election {Cook's Case), K. & Omb. 384 ; but two of
them who acted as door-keepers of a candidate's committee-room were
disallowed. Ilnd. Printers who also acted as messengers, held not
disqualified. The employment of sous of voters as messengers, when
their wages were paid to their fathers, invalidates the votes of their
fathers. ISouthamptQn Election, 1 O. & H. 223. So payments to a
voter to remunerace him for expenses incurred in employing assistants
HINT.4 OH THE LAW OK ELECTIONS.
23
while tie was engaged in electioTi matters, ihid. S^l. But employing
a voter who was a cabman, which was his ordinary occupation, does
not diaqnalify {Ibi'1.), unless such employment was by a candid.ite or
any agent oi a candidate. See Election Act, 1874, s. 96. Employment
of voters to keep the peace, or to keep the doors of th(^ polling stations,
invalidates their rotes. Glouccste, Election, 2 0. & H. 62.
:!^nlar
ey was
iiuhor
ants of
at the
two of
11 wei'H
;ld not
, when
f their
,s to ft
istants
SUBSCRIPTIONS TO CHARITIES, Etc.
A candidate sent £10 to a dissentinf? con<?regation at the time he
issued his address. In reply to an observation of couusel, the Judge
said, " I do not say I think nothing of it. I have my.self often
observed that people who mean to become candidates, often subscribe
to things they would otherwise not have subscribed to, but I think
that is a step off corrupt practices : it is charity stimulated by grati-
tude or hope of favours to come." Per Willes, J., WcHtburij Klcction,
1 O. t^/ H. 49. A candidate, some long time before the election, gave
£100, which was sjient in coals, beef, and tea amongst his tenants, some
of whom were voters and some not. As to a mixed motive in giving
this money at the time ot an election, the Judge lemarked, — " But
there is no harm in it if a man has a legitimate motive; for doing a
thing, although in addition to that he has a motive whi(;h, if it j^tood
alone, would be an illegitimate one. He is not to refrain from that
which he might legitimately have done on account of the existence of
this motive, which bv itself wonld have been an illegitimate motive."
P«r Bramwell, IJ.. Windsor Election, 2 0. & H. 90. Where I find that
charities (at Christmas), a»e distributed in a bo»ough by tho.-e who are
intending to contest it as candidates, and di-stributed without check, I
am not charitable enough to draw any other conclusion than tliat they
do it with the intention of giving the voters money in the t;iope and
expectation that it will influence the future election. And there is the
further very great danger attending it, that the knowletlge that they
have bren doing it wi 1 cause men at the future elections to give them
votes in the expectation and hope that they will hereafter receive
payment. When that is brought home to anyone, I think it would
undoubtedly mean corruption. Per Blackburn, J. , Stafford E/cction,
1 O. & H. 230. When a candidate made a large distribution of con Is
among the poor of a borough at Christmas, and among many of tlio
persons selected were voteis who were not objects of charity, some of
them being small shopkeepers and others £10 householders, and the
election was held in January : He/d, that the dona' ion was ol>viously
not charitable, and was a corrupt })ractice. Malcolm v. Parry {Boston
Election), L. R. 9 C. P., 610 ; 2 O. & H. 161. It was proved th;it on
and immediately after the polling-day, large sums of money were dis-
tributed in shillings and halt-crowns to poor people in the streets of
u
HINTS ON TttK LAW OF ELECTiuNS.
the borouf^li ; noneoftlH" rnoiK'y, however, was given to voters. Sucii
a proceeding was held not to be a corrupt practice within the Act.
Youglml Ekclion, 1 O. & H. 294. Where a candidate gave a sub-
scription to an Orange I^odge, altliough he was not an Orangeman
properly so-called, nor were his o])inions identical with those of the
Lodge, the Judge remarked, " The ])rofession by a candilate of holding
certain opinions is a hgitiinate mode of inlluencing votes ; and if the
lespondent thought that it would be for his })enefit with reference to
his election, to inform Orangemen and oth'^'s that he did entertain
opinions in favour of •xistitutions of this kind, I can see nothing
illegitimate in that. The case appears to me identical^ the same as
if he had w rilten a pamphlet in support of such institutions as Orange
halls, and had paid the; printer for [»ublishing it. Per O'Brien, J.,
Belfast Election, 1 0. k H. 282. Where it was pioved that a candi-
date gave very li])eral si. Inscriptions to churches, the Court said, " We
strongly itnprcss it upon candidates and their agents at future elec-
tions, to < chibit a larger measure of caution, and to select le.ss suspi-
cious seasons for exercising their liberality towards charitable and
religious objects. Per Hagarty, C. J., Souili Huron Election, 24 C. P.
497'."
Sucii
he Act.
'i a suh-
11 gem a li
? of the
holding
(1 if the
•eiicc to
itertaiii
nothing
5a me as
Orange
ien, J.,
I candi-
l, "We
re clec-
s suspi-
ble and
:4 C. P.
y
%
^