ARTICLE 138.

CORRUPTION OF PUBLIC BODIES.

1 Every one is guilty of a misdemeanor and is liable to the penalties mentioned below, who, by himself, or in conjunction with another person

(a.) corruptly solicits or receives, or agrees to receive, for himself or for any other person, any 2 reward as an inducement to, or reward for, or otherwise on account of, any member, officer, or servant of a public body, doing or forbearing to do anything in respect of any matter or transaction actual or proposed in which the public body is concerned; or

(b.) corruptly gives, promises, or offers any 2 reward to any person, whether for the benefit of that person or another person, as an inducement to, or reward for, or otherwise on account of, any member, officer, or servant of any public body, doing or forbearing to do anything in respect of any matter or transaction, actual or proposed in which the public body is concerned.

4 Such person is liable

(a.) to imprisonment with hard labour for two years, or a fine not exceeding £500, or to both fine and imprisonment; and,

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(b.) to be ordered to pay to such body and in such manner as the Court directs the amount or value of any reward received by him or any part thereof; and,

(c.) to be adjudged incapable of being elected or appointed to any public office for seven years from, and to forfeit any such office held by him at, the date of the conviction; and

(d.) on a second conviction for a like offence, in addition to the foregoing penalties to be adjudged to be for ever incapable of holding any 3 public office and to be incapable for seven

years of being registered as an elector, or voting at an election either of members to serve in Parliament or of members of

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(e.) if he is an officer or servant in the employ of any public body, at the discretion of the Court to forfeit his right and claim to any compensation or pension to which he would otherwise have been entitled.

A person is not exempt from punishment under this Act by reason of the invalidity of the appointment or election of a person to a public office.

ARTICLE 139.

EMBRACERY.

2 Every one commits the misdemeanor called embracery who by any means whatever except the production of evidence and argument in open court attempts to influence or instruct any juryman, or to incline him to be more favourable to the one side than to the other in any judicial proceeding whether any verdict is given or not, and whether such verdict, if given, is true or false.

1 "The expression public body' means any council of a county or county of a city or town, any council of a municipal borough, also any board, commissioners, select vestry, or other body which has power to act under, and for the purposes of, any Act relating to local government, or the public health, or to poor law or otherwise to administer money raised by rates in pursuance of any public general Act, but does not include any public body as above defined existing elsewhere than in the United Kingdom." "The expression 'public office' means any office or employment of a person as a member, officer, or servant of such public body." See the Act as to the meaning of "advantage." Ibid. s. 7.

21 Hawk. P. C. 466; 1 Russ. Cr. 360. It is provided by the Jury Act of 1825, 6 Geo. 4, c. 50, s. 61, that "notwithstanding anything herein contained every person who shall be guilty of the offence of embracery, and every juror who shall wilfully or corruptly consent thereto," shall be liable to be proceeded against, and punished as before the Act. I do not know what was the reason for this section. See Draft Code, s. 129.

ARTICLE 140.

DEFINITION OF BRIBERY OF VOTERS.

1 Every one is guilty of bribery

(a.) Who directly or indirectly by himself or by any other person on his behalf,

2 in order to induce any voter to vote or refrain from voting at any election;

3 or corruptly on account of such voter's having voted or refrained from voting at any election;

4 or in order to induce any person to procure or endeavour to procure the return of any person at any election, or the vote of any voter at any election,

(i.) 5 Gives, lends, or agrees to give or lend, or offers or promises, or promises to procure or to endeavour to procure any money or valuable consideration to or for any person what

ever:

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(ii.) Gives or procures, or agrees to give or procure, or offers or promises, or promises to procure or to endeavour to procure any office, place, or employment to or for any person whatever; or

in

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(b.) Who in consequence of any such gift, loan, offer, promise, procurement, or engagement, procures or engages, promises or endeavours to procure the return of any person any election or the vote of any voter at any election; or (c.) Who advances or pays or causes 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 knowingly pays or causes to be paid any money to any person in discharge or repay

1 17 & 18 Vict. e. 102, s. 2.

2 Ibid. 2 (1), (2).

3 Ibid. (1), (2).

4 Ibid. (3).

5 Ibid. (1), (2).

6 Any person

"any voter, or to or for any person on behalf of any

voter, or to or for any other person.

7 17 & 18 Vict. c. 102, s. 2 (1), (2).

8 Sect. 2 (4).

9 Sect. 2 (5).

ment of any money wholly or in part expended in bribery at any election; or

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(d.) 2 Who being a voter before or during any election directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts 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; or

(e.) Who after any election directly or indirectly by himself or by any other person on his behalf receives 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; or

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(f.) Who, either directly or indirectly, corruptly pays any rate on behalf of any ratepayer for the purpose of enabling him to be registered as a voter, thereby to influence his vote at any future election; or

(g.) Any candidate or other person who, either directly or indirectly, pays any rate on behalf of any voter for the purpose of inducing him to vote or refrain from voting; or

(h.) Any person on whose behalf and with whose privity any such payment as in clauses (f.) and (g.) is mentioned is made.

ARTICLE 141.

DEFINITION OF UNDUE INFLUENCE.

5 Every one commits the offence of undue influence (a.) who directly or indirectly by himself or by any other person on his behalf makes use of or threatens to make use

1 This clause does not "extend to any money paid or agreed to be paid for or on account of any legal expenses bona fide incurred in, at, or concerning any election."

2 17 & 18 Vict. c. 102, s. 3 (1).

3 Ibid. s. 3 (2).

4 30 & 31 Vict. c. 102, s. 49. The words of the proviso at the end of 17 & 18 Vict. c. 102, s. (see Note 1) seem to be applicable only to s. 2 (5). 5 46 & 47 Vict. c. 51, s. 2.

of any force, violence, or restraint, or inflicts or threatens to inflict by himself or by any other person any temporal or spiritual injury, damage, harm, or loss, upon or against any person in order to induce or compel him to vote or refrain from voting, or on account of his having voted or refrained from voting at any election; or

(b.) who by abduction, duress, or any fraudulent device or contrivance impedes, or prevents the free exercise of the franchise of any elector, or thereby compels, induces, or prevails upon any voter either to give or refrain from giving his vote at any election.

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ARTICLE 142.

DEFINITION OF TREATING.

1 Every person is guilty of treating

(a.) who corruptly by himself or by any other person, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat drink entertainment or provision to or for any person, for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at the election, or on account of such person or any other person having voted or refrained from voting, or being about to vote or refrain from voting at such election; or

(b.) who being an elector corruptly accepts or takes any such meat drink entertainment or provision.

ARTICLE 143.

PUNISHMENT OF BRIBERY AT CERTAIN ELECTIONS.

2 Every person is guilty of a misdemeanor, and is liable upon conviction thereof to one year's imprisonment and

1 46 & 47 Vict. c. 51, s. 1.

2 17 & 18 Vict. c. 102, ss. 2, 3, 5; 45 & 46 Vict. c. 50, s. 78; 46 & 47 Vict. c. 51, s. 6. Personation is also a corrupt practice, and is punishable as felony; see Art. 407.