A declaration under the 2 Geo. 2, e. 24, s. 7, for corrupting a voter by corruptly giving the voter the sum of £10, as a reward to him to give his vote, was supported by evidence that the defendant gave the voter a card in one room, which the voter presented to a person in another room, who thereupon gave him the money. And it was held in the same case, that the plaintiff might prove that the defendant on the same day, and at the same place, gave cards to other persons, who also obtained money by presenting them to the person in the other room.(c) It seems that an indictment against a voter for giving a false answer at an election is insufficient if it merely state that the voter gave the answer at an election, and does not aver that the writ for holding the election, or that the election was duly held, (d) and the same point would have applied to an indictment for bribery; but the 26 & 27 Vict. c. 29, s. 6, (e) makes it sufficient to allege that the defendant was guilty of bribery at the election. Where the first count charged the defendant with having paid money to one Gilbert with intent that it should be applied in bribery at an election, and several other counts charged the defendant with the actual bribery of several persons named in these counts, and the only act of the defendant was giving £2000 to Gilbert for the purposes of the election, and Gilbert was the person who had bribed the persons named in the second and other counts, and the jury found the defendant guilty on all the counts, it was objected that, as the defendant was found guilty on the first count, he ought not to have been found guilty upon the other counts, it appearing that there was but one act, namely, that of paying money by him to an agent; but it was held that this objection, if available at all, it would only be by application at the trial that the prosecutor should be compelled to elect upon which count he would proceed. There was no doubt that a man by one and the same act might commit several distinct offences. By the 17 & 18 Vict. c. 102, s. 2, No. 5, paying money to any person with intent that such person should use it to bribe electors, is declared to be equivalent to bribery, and, as such, a misdemeanor, though no person was actually bribed; and by No. 1, giving money to an elector to induce him to vote is declared to be bribery, and as such a misdemeanor; but the offences are not the same, though it may be said that they arise from one and the same act. It was further objected, that as the defendant had employed subor*237] dinate agents, by whom the bribes were given, he could not be convicted of having bribed the voters himself; but it was held, that if a man employs an agent to corrupt voters, and that agent in carrying such general instructions into effect employs subordinate agents within the scope of the authority received from the principal, such principal, with reference to the express terms of this statute, as well as upon general principles of law, will be guilty of a misdemeanor as a principal.(ƒ) In an action for bribery at an election it was held, that the register of voters at an election made in pursuance of the 6 & 7 Vict. c. 18, ss. 48, 49, is a document of such a public nature as to be admissible upon its mere production by the returning officer, and therefore an examined or certified copy of it is admissible; and where the plaintiff, having given in evidence a copy of the writ and return from the office of the clerk of the crown, certified by a clerk in the office to be a true copy of the original writ and examined therewith, and the defendant's counsel, having suffered it to be given in evidence as a certified copy, at the close of the case objected that the copies of the writ and return were not duly certified copies; it was held that, assuming that they were not, there was no ground for granting a new trial, for the objection came too late, and might have been cured by proving that they were examined copies, if it had been taken at the proper time. It seems that in such an action proof of the writ, return, and register of voters, is requisite, and that parol evidence of an election having taken place is not sufficient.(g) And (b) Webb v. Smith, 4 Bing. N. C. 373 (33 E. C. L. R.). (c) Ibid. (d) Reg. v. Bowler, C. & M. 559 (41 E. C. L. R.); Reg. v. Ellis, C. & M. 564. (e) Ante, p. 230. (g) Reed v. Lamb, 6 H. & N. 75. (f) Reg. v. Leatham, 3 Law T. 504. on an indictment for personating a voter at an election for a borough, it has been held that the writ to the sheriff must be produced in order to prove that the election was duly held.(h) But where an offence is complete before the return is made, as where the offence is preventing a voter from voting, the return need not be given in evidence (i) The 26 & 27 Vict. c. 29, s. 6,(k) makes the certificate of the returning officer evidence of the election. Where a book, which was in writing and duly signed, contained the register of voters, Byles, J., held, that though there ought to be a copy of the list printed in a book and duly signed, in order to constitute a proper register, yet this register, though irregular, was valid, and admissible in evidence.(7) Where an action for bribery was brought in Essex, and the sum of £10 had been paid by the defendant to the London correspondents of the Harwich Bank to the credit of a person who had a boat in his possession for a debt, and a few days afterwards the boat was released, it was held that the £10 must be taken upon the facts to have been paid at Harwich, and therefore the venue was properly laid in Essex.(m) The 5 & 6 Will. 4, c. 76, s. 54, enacts, "that if any person who shall have or claim to have any right to vote in any election of *mayor, or of a councillor, [*238 auditor, or assessor of any borough, shall, after the passing of this Act, ask or take any money or other reward, by way of gift, loan, or other device, or agree or contract for any money, gift, office, employment, or other reward whatsoever, to give or forbear to give his vote in any such election, or if any person, by himself or any person employed by him, shall, by any gift or reward, or by any promise, agreement, or security for any gift or reward, corrupt or procure, or offer to corrupt or procure, any person to give or forbear to give his vote in any such election, such person so offending in any of the cases aforesaid shall for every such offence forfeit the sum of fifty pounds of lawful money of Great Britain, to be recovered, with full costs of suit, by any one who shall sue for the same, by action of debt, bill, plaint, or information in any of his Majesty's courts of record at Westminster; and any person offending in any of the cases aforesaid, being lawfully convicted thereof, shall for ever be disabled to vote in any election in such borough, or in any municipal or Parliamentary election whatever in any part of the United Kingdom, and also shall for ever be disabled to hold, exercise, or enjoy any office or franchise to which he then shall or at any time afterwards may be entitled as a burgess of such borough, as if such person was naturally dead." ་་ Sec. 55. If any person offending in any of the cases aforesaid shall, within the space of twelve months next after such election as aforesaid, discover any other person offending in any of the cases aforesaid, so that such other person be thereon convicted, such person so discovering, and not having been before that time convicted of any such offence, shall be indemnified and discharged from all penalties and disabilities which he shall then have incurred by any such offence."(n) Sec. 56. "No person shall be made liable to any incapacity, disability, forfeiture, or penalty by this Act imposed, in any of the cases aforesaid, unless prosecution be commenced within two years after such incapacity, disability, forfeiture, or penalty shall be incurred, anything herein contained to the contrary notwithstanding." The 54th section contemplates three descriptions of offences: first, that of procuring the party to give his vote for a particular candidate, that is, when he acts in pursuance of the corrupt agreement; secondly, that of procuring the voter, where the bribe is offered and accepted, an actual agreement is made, and the party promises to act upon it; the third offence is a new one, not found in the old (h) Reg. v. Vaile, 6 Cox C. C. 470. (k) Ante, p. 230. (i) Reg. v. Clarke, 1 F. & F. 654, Byles, J. (1) Reg. v. Clarke, 1 F. & F. 654. In Reg. v. Colebourne, Ibid., Byles, J., held that the decision of the revising barrister was conclusive, and that, even if the list was not signed, the register would be good, though the barrister had contravened the 6 & 7 Vict. c. 18, s. 48. (m) Baker v. Rusk, 15 Q. B. 870 (69 E. C. L. R.). (n) Per Parke, B., Harding v. Stokes, M. & W. 233. VOL. 1.-13 Bribery Act, where the whole that appears is the mere offer of a bribe, refused on the other side, or not assented to at the time.(n) An employment is a reward withing the meaning of this section. The offence of corrupting a voter is complete where the two parties have agreed, the one to offer, the other to accept, a bribe as the condition of voting for a particular person, whether the person who has agreed to vote, votes or not for such person, or whether he intended so to vote or not. But where a bribe is offered, but not accepted, the *239] offence is that of offering to corrupt. A declaration *in debt for the penalty of £50, under the 5 & 6 Will. 4, c. 76, s. 54, alleged that the defendant did corrupt one J. W., who had a right to vote at an election of councillors for a borough, by corruptly promising to give the said J. W., if he should vote at the said election for certain candidates, employment in hauling stones at and for certain hire and reward to be paid for the same; and it was held upon demurrer that the declaration was sufficient. The question was, whether any difference was made between the asker and the offerer of a gift or reward, as to the nature of the thing asked or offered. To ascertain what is the "gift or reward" contemplated in the latter branch of the clause, the Court must look at the former part of the section, and there are found in conjunction the words "any money, gift, office, employment, or other reward whatsoever." An employment, therefore, is there considered as a reward; and by the common sense of mankind it is so, where the party to whom it is offered wants employment. It falls, therefore, equally within the more general words of the latter part of the clause. But whether this employment was in the particular case given as a reward within the object of the Act, was a question for the jury; if only the ordinary wages were given they might probably find that the employment was not given for a corrupt reward.(0) The demurrer having been withdrawn by leave of the Court, the defendant pleaded not guilty, and on the trial it appeared that J. W., having promised his vote in favor of certain candidates, the defendant told him that if he would vote for certain other candidates, he would give him employment in hauling stones at certain weekly wages; J. W. answered that it was a good offer, but that the difficulty was how he should get off his promise; that he would consider of it, and would see the defendant again the next Friday. No further communication, however, took place, and J. W. eventually voted for the candidates to whom he had originally promised his vote. It was objected for the defendant that the evidence did not prove a corrupting of the voter, as charged in the declaration, but a mere offering to corrupt; and the plaintiff was nonsuited; but the Court, upon a rule to show cause why there should not be a new trial, held that if it were proved that there was an agreement to vote in pursuance of the offer, no matter whether the party intended to perform it or not, the offence of corrupting was complete. The evidence given in this case might be construed to prove that the offer was accepted; if the jury should be of that opinion the offence of corrupting was complete; but on the other hand they might well come to the conclusion that the voter had not made up his mind, but took time to consider further whether he would accept the offer; in that case the offence of corrupting was not complete, but it was a mere offer to corrupt within the third clause of the statute.(p) Some cases decided upon the 2 Geo. 2, c. 24, s. 8, may throw light upon the construction of the 5 & 6 Will. 4, c. 76, s. 55. On that Act it was decided that the circumstance of a party having been, within the limited time, a plaintiff in an action on the statute, *and having prosecuted it to judgment, did not prove *240] him to have been the first discoverer. Lord Mansfield, C. J., observed, that the Court had not said, nor would say, that a plaintiff cannot be the discoverer; but that the Act does not make him so, or consider him as the discoverer; and that as the plaintiff could not be the witness himself in the action, some other person must have been the witness; it was not therefore to be presumed, without any evidence of it, that the plaintiff was the first discoverer. (q) And where one (n) Per Parke, B., Harding v. Stokes, 2 M. & W. 233. (0) Harding v. Stokes, 1 M. & W. 354; S. C. T. & Gr. 599. (p) Harding v. Stokes, 2 M. & W. 233. See Henslow v. Faucett, ante, p. 232. person procured another to make an affidavit of facts amounting to bribery, and then prosecuted a third person upon these facts to conviction, it was held that the person making the affidavit was the discoverer.(r) Not only a verdict, but judg ment must be obtained to satisfy the clause; but when judgment is obtained it will relate, for the purpose of the indemnity, to the time when the discovery was first made.(s) *CHAPTER THE SEVENTEENTH. OF NEGLECTING OR DELAYING TO DELIVER ELECTION WRITS. [*241 THE 53 Geo. 3, c. 89, was passed for the purpose of effecting the more expeditious and regular conveyance of writs for the election of members to serve in Parliament. It enacts, that the messenger, or pursuivant of the great seal, or his deputy, shall, after the receipt of such writs, forthwith carry such of them as shall be directed to the sheriffs of London or Middlesex, to the respective officers of such sheriffs, and the other writs to the general post office in London, and there deliver them to the postmaster-general for the time being, or to such other person as the postmaster shall depute to receive the same (which deputation the postmaster is thereby required to make), who, on receipt thereof, shall give an acknowledgment in writing, expressing therein the time of delivery, and shall keep a duplicate of such acknowledgment signed by the parties respectively to whom and by whom the same shall be so delivered; and that the postmaster or his deputy shall despatch all such writs free of postage, by the first post or mail, after the receipt thereof, under covers directed to the proper officers, to whom the said writs shall be respectively directed, accompanied with proper directions to the postmaster or deputy postmaster of the place, or nearest to the place where such officers shall hold their office, requiring such postmaster or deputy forthwith to carry such writs respectively to such office, and to deliver them there to the officers to whom they shall be respectively directed, or their deputies, who are required to give to such postmaster or deputy a memorandum in writing, acknowledging the receipt of every such writ. and setting forth the day and the hour the same was delivered by such postmaster or deputy, and which memorandum shall also be signed by such postmaster or deputy, who are required to transmit the same by the first or second post afterwards to the postmaster-general or his deputy at the general post office in London, who are required to make an entry thereof in a proper book for that purpose, and to file the memorandum along with the duplicate of the said acknowledgment, signed by the messenger, to the intent that the same may be inspected or produced upon all proper occasions by any person interested in such elections. (a) The statute, after directing that all persons to whom the writs for the election of members to Parliament ought to be and are usually directed, shall, within a month, send to the postmaster general an account of the places where they shall hold their offices, and so from time to time, as often as such places shall be changed; and of the post town nearest to such offices; or in case any such office shall be in London, Westminster, or Southwark, or within five miles thereof, shall send [*242 such account to the messenger of the great seal; (b) proceeds to enact, that after the death of the then messenger of the great seal the allowances of mileage shall cease, except an allowance of two guineas on each writ for the election of a member on any vacancy, and of fifty pounds on the calling of a new Parliament.(c) And it further enacts, that whereas the messenger of the great seal and his deputy have from time to time received certain other fees for the conveyance and upon the delivery of these writs, such fees shall cease from the passing of the Act; and that (r) Sibly v. Cuming, 4 Burr. 2464. (a) 53 Geo. 3, c. 89, s. 1. (c) Id. sec. 4. (8) Sutton v. Bishop, 1 Bl. R. 665. neither the messenger nor his deputy, nor any other person, shall receive or take any fee, reward or gratuity whatsoever, for the conveyance or delivery of any such writ.(d) The sixth section enacts, "that every person concerned in the transmitting or delivery of any such writ as aforesaid who shall wilfully neglect or delay to deliver or transmit any such writ, or accept any fee, or do any other matter or thing in violation of this Act, shall be guilty of a misdemeanor, and may upon any convietion upon any indictment or information in his Majesty's Court of King's Bench be fined and imprisoned at the discretion of the Court for such misdemeanor." Offences committed in Scotland may be punished by a fine or imprisonment, as the judge before whom the offender shall be tried and convicted may direct.(e) *243] *CHAPTER THE EIGHTEENTH. OF DEALING IN SLAVES. THE 5 Geo. 4, c. 113, repeals all the Acts and enactments relating to the slave trade, and the abolition thereof, and the exportation or importation of slaves, except so far as they have repealed any prior Acts or enactments, or may have been acted upon, or may be expressly confirmed by the present Act. It then enacts, that it shall not be lawful (except in such special cases as are thereinafter mentioned) to deal in slaves, or to remove, import, ship, tranship, &c., any persons as slaves, or to fit out, employ, &c., any vessels in order to accomplish such unlawful objects, or to lend money, &c., or to become guarantee, &c., for agents in relation to such objects, or in any other manner to engage, directly or indirectly, therein, as a partner, agent, or otherwise; or to ship, &c., any money, goods, or effects, to be employed in accomplishing any of these unlawful objects; or to command, or embark on board, or contract for commanding, or embarking on board, any vessel, &c., in any capacity, knowing that such vessel, &c., is employed, or intended to be employed, in such unlawful objects; or to insure, or contract for insuring, any slaves, or other property, employed, or intended to be employed, in accomplishing any of these unlawful objects. (a) Pecuniary penalties and forfeitures are then imposed upon persons offending, by engaging in such unlawful objects. (b) And the statute then proceeds to subject certain offenders to punishments of a more serious nature.1 By sec. 9, "if any subject or subjects of his Majesty, or any person or persons residing, or being within any of the dominions, forts, settlements, factories, or territories, now or hereafter belonging to his Majesty, or being in his Majesty's occupation or possession, or under the government of the united company of merchants of England trading to the East Indies, shall, except in such cases as are in and by this Act permitted, (c) after the first day of January, one thousand eight hundred and twenty-five, upon the high seas, or in any haven, river, creek, or place, where the admiral has jurisdiction, knowingly and wilfully carry away, convey, or remove, or aid or assist in carrying away, conveying, or removing, any person or persons as a slave or slaves, or for the purpose of his, her, or their being imported, or brought as a slave or slaves, into any island, colony, country, territory, or place whatsoever, or for the purpose of his, her, or their being sold, transferred, (d) 53 Geo. 3, c. 89, sec. 5. And the section further proceeds to give the then messenger an annual allowance for his life of £520 in compensation for these fees. (e) Id. sec. 7. (a) Sec. 2. (b) Secs. 3, 4, 5, 6, 7, 8. (c) These excepted cases are repealed by the 3 & 4. Will. 4, c. 73, s. 12, which abolishes slavery in the British colonies, plantations, and possessions abroad. 1 For the Acts of Congress respecting the slave trade, see Revised Statutes of the United States, pp. 1047, 1048. |