or his agent, renders the candidate incapable of sitting in Parliament during the Parliament in existence at the time of his being found guilty (17 & 18 Vict., c. 102, sec. 36; 31 & 32 Vict., c. 125, secs. 43, 46). The 17 & 18 Vict., c. 102, provides that the following persons shall be deemed guilty of bribery— 1. Every person who shall directly or indirectly, by himself or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer, promise, or promise to procure, or to endeavour to procure any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce any voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such voter having voted or refrained from voting at any election. 2. Every person who shall directly or indirectly, by himself or by any other person on his behalf give, or procure, or agree to give or procure, or offer, promise, or promise to procure, or promise to endeavour to procure any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce such voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted, or refrained from voting at any election. 3. Every person who shall directly or indirectly, by himself or by any other person on his behalf make any such gift, loan, offer, promise, procurement, or agreement to or for any person in order to induce such person to procure, or endeavour to procure the return of any person to serve in Parliament, or the vote of any person at any election. 4. Every person who shall upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement procure, or engage, promise, or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election. 5. Every person who shall advance, or pay, or cause to be paid any money to or for the use of any other person with the intent that such money, or any part thereof, shall be expended in bribery at any election. 6. Every person who shall knowingly pay, or cause to be paid any money to any person in discharge, or repayment of any money, wholly or in part expended in bribery at any election. 7. Every voter who shall before or during any election directly or indirectly, by himself or by any other person on his behalf receive, agree, or contract 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. 8. Every person who shall after any election directly or indirectly, by himself or by any other person on his behalf receive 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 at any election. The 30 & 31 Vict., c. 102, by sec. 49 further provides that any candidate or other person either directly or indirectly paying any rate on behalf of any voter for the purpose of inducing him to vote or refrain from voting, shall be guilty of bribery, and any person on whose behalf or with whose privity any such payment as in this section is mentioned is made, shall also be guilty of bribery. Treating is defined by sec. 4 of the 17 & 18 Vict., c. 102, which provides that Every candidate at an election who shall corruptly by himself, or by or with any person, or by any other ways or means on his behalf, at any time, either before, during, or after, any election, directly or any meat, drink, entertainment, or provision, to or for any person Every voter who shall corruptly accept, or take any such meat, drink, entertainment, or provision shall be incapable of voting at such election, and his vote if given shall be utterly void and of none effect. Undue influence is defined by sec. 5 of the 17 & 18 Vict., c. 102, which provides that 1. Every person who shall directly, or indirectly, by himself, or by any other person on his behalf make use of, or threaten to make use of, any force, violence, or restraint, or inflict or threaten the infliction, by himself or by or through any other person, of any injury, damage, harm, or loss, or in any other manner practise intimidation upon or against any person in order to induce, or compel, such person, to vote, or refrain from voting, or on account of such person having voted or refrained from voting at any election; and 2. Every person who shall by abduction, duress, or any fraudulent device or contrivance either to give, or to refrain from giving his vote at any election, shall be deemed to have committed the offence of " undue influence." Personation is also, by operation of sec. 24 of the Ballot Act, 1872, to be deemed a "corrupt practice" within the meaning of the Parliamentary Election Act, 1868. See sec. 90, note, p. 169. The disqualification for corrupt practices at a school board election is extended by sec. 8 of the 36 & 37 Vict., c. 86, post. In the case of Turnbull (App.) v. Justices of Tynemouth (Resp.), 24 L. T., N. s., 731, which came before the Court of Queen's Bench in June 1871, on an appeal against a conviction under this section, the facts as stated in support of the appeal were as follows: In Cullercoats, a village near Tynemouth, the inhabitants were almost exclusively fishermen, and many of them were voters for the school board. The question of a new fish quay and the election for the school board were occupying public attention at the same time. Mr. Scott, a member of the town council of the district, convened a meeting of the inhabitants to consider the new quay question at a publichouse, there being no public building at which to hold it. Nine electors only were present, the rest being non-voters. He spoke to them about the new fish quay, and afterwards he called attention to the election for the school board. He said that he was not a candidate himself, but his friend Mr. Turnbull, who was present, was a candidate, and he recommended him as the right man in the right place. In the course of the evening, after it was stated Mr. Turnbull was a candidate, there was a call of glasses round. There were four calls altogether, and Mr. Scott, the landlord's son, Mr. Turnbull, and another gentleman stood glasses round. Mr. Turnbull paid for one round, and for that he had been convicted of corrupt practices in the school board election. Not one of the persons present was asked to vote for the appellant. Of the nine electors present one only voted for him, and then he only gave him a portion of his votes. The matter under the consideration of the meeting was the new fish quay, and the treating it was alleged was a mere jollification independent of the election. The court affirmed the conviction, the Lord Chief Justice stating that he was glad the example had been made. The penalties under the Act were not at all too severe, and he hoped that the Act would be rigorously enforced whenever there was an opportunity. Recovery of Penalties. 92. Any penalty and any money which under this Act is recoverable summarily, and all proceedings under this Act which may be taken in a summary manner, may be recovered and taken before two justices in manner directed by an Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," and the Acts amending the same. For further provisions with regard to recovery of penalties and summary proceedings, see 36 & 37 Vict., c. 86, secs. 23 and 24, post. Provision as to Oxford. 93. In the case of the borough of Oxford, the provisions of this Act relating to boroughs shall be construed as if the local board were therein mentioned instead of the council; if a school board is formed in the borough of Oxford, one-third of the school board shall be elected by the University of Oxford, or the colleges and halls therein, in such manner as may be directed by the Education Department by an order made under the power contained in the second Schedule to this Act. The Local Board of Oxford is the local board under the Public Health Act, 1875. The local board consists of the Vice-Chancellor of the University of Oxford, the Mayor of Oxford for the time being, and forty-five other commissioners, of whom fifteen are to be elected by the University of Oxford, sixteen by the Town Council of Oxford, and fourteen by the ratepayers of the parishes situated within the jurisdiction of the Oxford Commissioners. The local board made application to the Education Department to form a school board for Oxford, under sec. 12 of this Act, and an order, issued by the Education Department on the 6th of January, 1871, prescribed the regulations for the first election of a school board for the district. The board consists of nine members-six elected by the ratepayers, and three by the University. Effect of Schedules. 94. The Schedules to this Act shall be of the same force as if they were enacted in this Act, and the Acts mentioned in the fourth Schedule to this Act may be cited in the manner in that schedule mentioned. Returns by School Board. 95. Every school board shall make such report and returns and give such information to the Education Department as the Department may from time to time require. See also sec. 43 of the 39 & 40 Vict., c. 79, post, as to the duty of a school board to make returns and give information to the Education Department respecting their proceedings under that Act. (II.) PARLIAMENTARY GRANT. Parliamentary Grant to public Elementary School only. 96. After the thirty-first day of March, one thousand eight hundred and seventy-one, no parliamentary grant shall be made to any elementary school which is not a public elementary school within the meaning of this Act. (1) No parliamentary grant shall be made in aid of building, enlarging, improving, or fitting up any elementary school, except in pursuance of a memorial duly signed, and containing the information required by the Education Department for enabling them to decide on the application, and sent to the Education Department on or before the thirtyfirst day of December, one thousand eight hundred and seventy. (2) (1) For definition of "public elementary school," see sec. 7. (2) The Education Department are now precluded from entertaining any application for any grant in aid of the building, &c., of a school in any case in which the application was not sent with the requisite particulars on or before the 31st of December, 1870. The rules to be observed in planning and fitting up schools, when grants for building, &c., are made, will be found in the Appendix, p. 402. It appears from a parliamentary return that in the year 1870, the total number of building grants applied for by the managers of elementary schools, for the enlargement of existing schools, and the erection of new schools, was 3230. The proportion of applications to "denominations" was as follows:Church of England, 2352; Roman Catholic, 82; British, 96; Wesleyan, 96; Primitive Methodist, 4; United Methodist Free Church, 7; Methodist New Connexion, 1; Baptist, 7; Congregational, 8; English Presbyterian, 1; Unitarian, 2; Jewish, 1; Undenominational, 73. Of the 3230 applications, 3111 were received between the 1st of August, 1870, the date of the passing of this Act, and the 31st of December, 1870. |