c. 33. the name of some other person, whether that name be that of 35 & 36 Vict. 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 ballot paper in his own name. The offence of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of personation by any person, shall be a Felony (8). 35 & 36 VICT. C. 60. 1,2. [Preliminary, The "Corrupt Practices (Municipal Elections) Act, 1872."] Municipal 3. The offences of bribery, treating, undue influence, and Bribery or personation (t), shall be deemed to be corrupt practices Any person who is guilty of a corrupt practice at an election shall be liable to the like actions, prosecutions, penalties, forfeitures, and punishments, as if the corrupt practice had been committed at an election of members to serve in Parliament (u). 4-6. [Disqualification and avoidance of election for corrupt practices.] personation. 7. No person who is included in a register for a borough or Prohibition of ward thereof as a burgess or citizen shall be retained or paid canvassers. employed for payment or reward by or on behalf of a candidate at an election for such borough or any ward thereof as a canvasser for the purposes of the election. If any person is retained or employed by or on behalf of a candidate at an election in contravention of this prohibition, such person and also the candidate or other person by whom he is retained or employed shall be deemed to be guilty of an offence against this Act [Penalty not exc. £10 (r).] An agent or canvasser who is retained or employed for payment or reward for any of the purposes of an election shall not vote at the election, and if he votes he shall be guilty of an offence against this Act [Penalty not exc. £10 (v).] 8. If a candidate or an agent for a candidate pays or agrees Prohibition of to pay any money on account of the conveyance of a voter to payment for con (s) Triable at Sessions. Bail Discretionary. Costs allowed. The returning officer shall be the prosecutor (s. 24). (t) See note (r), ante, p. 208. (u) See 6 & 7 Viet. c. 18; 35 & 36 Vict. c. 33, supra; the provisions in force for detection of personation and apprehension of the offenders apply also to municipal elections (s. 11). (r) Procedure. Within 6 months; 2 justices. Penalty enforced by Imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default Imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appeal, none. veyance of voters. 35 & 36 Vict. or from the poll, such candidate or agent shall be deemed to be guilty of an offence against this Act c. 60. Poor Guardians. Penalties for malpractices at the election of guardians. [Penalty not exc. £5 (w).] 9. [Expenses of prosecution and the witnesses to be allowed, paid, and borne as allowed, paid, and borne in cases of Felony.] 14 & 15 VICT. c. 105. 3. If any person, pending or after the election of any guardian or guardians, shall wilfully, fraudulently, and with intent to affect the result of such election, commit any of the acts following; that is to say, Fabricate in whole or in part, alter, deface, destroy, abstract, or purloin any nomination or voting paper used therein; Or personate any person entitled to vote at such election (x); Or falsely assume to act in the name or on the behalf of any person so entitled to vote; Or interrupt the distribution or collection of the voting papers; Or distribute or collect the same under a false pretence of being lawfully authorized to do so [Imprisonment not exc. 3 months, with or without hard labour (y).] Embezzlement. Sce" CRIMINAL JUSTICE ACT," ante; "LARCENY," post. Escape and Rescue. See also "PRISONS," post. A private person, constable, or gaoler guilty of the negligent escape, or the rescue, of a person in custody on a criminal charge may be committed for trial. A voluntary escape amounts to the same offence, and is punishable in the same degree as the offence of which the prisoner was guilty, and for which he was in custody, whether treason, felony, or trespass. The officer, however, cannot be thus punished until after the original delinquent has been convicted; but before such conviction he may be fined and imprisoned as (w) Procedure.-See note (v), ante, p. 209. (x) It was held in Whiteley v. Chappell, 11 Cox, C. C. 307, not to be an offence to personate a voter who was dead, but the 24th section of the Ballot Act, 1872 (supra), has now altered the law in this respect, both at parliamentary and municipal elections. (y) Procedure.-Within 6 months (Introd. p. 23); 2 justices (s. 3). Appeal, none. for a Misdemeanor (z). See 2 Hawk. c. 19, ss. 22, 31; Id. c. 20, s. 6; 4 Black. Com. 130; 1 Hale, 234. And a rescue, if the party be not convicted of the offence for which he was in custody, is a Misdemeanor (z); but if he be convicted of high treason it is high treason, for felony it is felony, for misdemeanor it is misdemeanor (1 Hale, 607). Excise. It is impossible in a work of this kind to set out all the offences under the excise laws, and as they must be prosecuted by a duly-authorized officer of excise, who is invariably provided with the Acts and sections under which he proceeds, it is hardly necessary; but, as some penalties under other Acts are enforced as excise penalties, it has been thought better to mention the points of excise procedure. Informations, against persons jointly or severally (7 & 8 Procedure. Geo. 4, c. 53, s. 70), for any excise penalty or forfeiture may be exhibited by any officer of excise duly authorized by the commissioners (Id. s. 61), within 6 months (11 & 12 Vict. c. 118, s. 3); for offences within the limits of the chief office before 3 commissioners, elsewhere before 1 justice (7 & 8 Geo. 4, c. 53, s. 65); the general powers of justices are extended to excise cases (Id. s. 67): written notice of such information is to be given to the defendant within one week. The summons must be served 10 days at least before the hearing, but for double duties 12 hours' notice is sufficient, personally or at the abode or place of business (4 & 5 Will. 4, c. 51, s. 19), by an officer of excise or other person (4 Vict. c. 20, s. 31). The hearing to be before 2 justices, and may be ex parte (7 & 8 Geo. 4, c. 53, s. 65); the defendant may be remanded from time to time not exceeding 8 days, or bailed (23 & 24 Vict. c. 113, s. 39). Witnesses may be summoned; refusing to attend or give evidence, penalty £50. (7 & 8 Geo. 4, c. 53, s. 74). Penalties, &c., may be mitigated to not less than one-fourth (Id. s. 78), except double duties and when the offender is arrested (4 & 5 Will. 4, c. 51, s. 20); or the commissioners may remit the whole penalty (7 & 8 Geo. 4, c. 53, s. 78): Recoverable by distress (Id. s. 86); in default imprisonment until paid or the defendant is liberated by order of the commissioners (s. 90): Payable to the commissioners (31 & 32 Vict. c. 124, s. 1). Appeal to quarter sessions held next after 20 days (4 & 5 Will. 4, c. 51, s. 23), on giving written notice to the commissioners or justices and to (*) Triable at Sessions. Bail Compulsory. No Costs. Rescue. the adverse party forthwith; the penalty is to be deposited within 3 days, and one week's notice of the trial is to be given to the adverse party (7 & 8 Geo. 4, c. 53, s. 83), or left at his place of abode (4 Vict. c. 20, s. 30). The rescuing of offenders, assaulting officers, informers, or witnesses is Felony (a). False representation. Evidence. exc. Exhibition Medals. 1. If any trader . . 26 & 27 VICT. c. 119. 1. Falsely represents that he has obtained a medal or certificate from the exhibition commissioners (b) in respect of any article or process for which a medal or certificate has been awarded by the commissioners: 2. Falsely represents (knowing such representation to be false) that any other trader has obtained a medal or certificate from the exhibition commissioners: 3. Falsely represents (knowing such representation to be false) that any article sold or exposed for sale has been made by, or by any process invented by, a person who has obtained in respect of such article or process a medal or certificate from the exhibition commissioners[Penalty not exc. £5; 2nd offence, not exc. £20; or Imprisonment not months (c).] 2. [It shall not be necessary to prove any damage, or to set out any copy or fac-simile of a medal or certificate.] Exposure (Indecent). See also "VAGRANTS," post. Indecent exposure of person to public view, where it may be seen by more than one person (d), is a Misdemeanor (a). (a) Triable at Sessions. Bail Discretionary. Costs allowed. Procedure (s. 4).-Within 6 months; 2 justices. Penalties recoverable by (d) An inclosed urinal adjoining to a public footway is a public place, and the commission of indecency therein is indictable (R. v. Harris and Cocks, Printing, publishing, or exposing to public view obscene writings or prints, &c., sco note "Obscene Books," in "VAGRANTS," post. Whatever openly outrages decency, and is injurious to public morals (e), is a Misdemeanor at common law (ƒ). Extortion. Extortion of tolls, see "MILITARY LAW," "TURNPIKES," post. 3 EDW. 1, c. 26 (1275). By this Act no sheriff nor other the king's officers shall By sheriff's or take any reward to do his office, but shall be paid of that which king's officers. they take of the King; and he that so doth shall yield twice as much, and shall be punished at the King's pleasure. 55 GEO. 3, c. 50, 8. 9. By this section any clerk of assize, clerk of the peace, &c., By clerks of or their deputies or other officers, exacting fees [from prisoners the peace, &c. against whom no indictment is found or acquitted on trial under 8. 4] are rendered incapable of holding their offices, and are declared guilty of a Misdemeanor (f). See Innkeeper. An innkeeper may be indicted for gross extortion. Johnson's case, Cro. Jac. 610; Kirkman v. Shawcross, 6 T. R. 17. Extortion by collectors of duties, &c., see R. v. Higgins, Collectors of 4 C. & P. 247; R. v. Dobson, 7 East, 218. See also 1 Russ. on Crimes, 4th ed. 211. 11 Cox, C. C. 659; 40 L. J. M. C. 67 ; 24 L. T. N. S. 74 ; L. R. 1 C. C. R. 282; 35 J. P. 185). It is unlawful for men to bathe, without any screen or covering, so near to a public footway frequented by females that exposure of their persons must necessarily occur; and they who so bathe are liable to an indictment for indecency (R. v. Reed and Others, 12 Cox, C. C. 1). It is not necessary that the exposure should be made in a place open to the public. If the act be done where a great number of persons may be offended by it, and several see it, it is sufficient (R. v. Thallman, 33 L. J. M. C. 58; 9 L. T. N. S. 425; 27 J. P. 790). It must, however, be in the sight of more than one person (Webb's case, 1 Den., C. C. R. 338; 18 L. J. M. C. 39; 13 Jur. 42; 12 L. T. 250; 12 J. P. 820). (e) 1 Russ, on Crimes, 4th ed. p. 80; and see R. v. Sedley, Sid. 168; R. v. Crunden, 2 Campb. 89; R. v. Curl, 2 Stra. 788. (f) Triable at Sessions. Bail Compulsory. No Costs. duties. |