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How far

voters by

the statute.

lent device" to keep voters from the poll, may CHAP. V. invalidate an election; but it may be doubted whether that phrase will reach the most usual disabling device-that of disabling them by drink-unless drink within it should appear that the liquor was drugged, or that force, fraud, or intimidation was applied in administering it. The offence may be committed by threats of withdrawing custom in order to induce the voter to vote or abstain from voting;1 or by employing spiritual intimidation for the same purpose.

Any person convicted of undue influence is to Penalties.

1 R. v. Barnwell, 5 Weekly Rep. 557.

2 Mayo, Minutes, 1853, 1857; Sligo, Minutes, 1853. Moreover, even by the common law of Parliament, it is a breach of privilege for any "lord of Parliament, or other peer or prelate" (except any peer of Ireland who is elected, and has not declined to serve as member of the House of Commons, or who is proposed as a candidate), or for any lord-lieutenant or governor of a county, "to avail himself of any authority derived from his commission," to influence an election; Resolution, April 27, 1802. And see 3 Edw. I. c. 5; 2 W. & M. c. 7; Resolution, Dec. 10, 1641; Worcestershire, 14 Com. J. 37; 16 ib. 548; Helston, 68 ib. 344; 26 Hans. 796, 989, 1082, 1196, 1211; 31 ib. 157; Worcester, 3 Doug. 255; Hertford, P. & K. 452; Warwick, ib. 538; Stamford and Gloucester cases, 1848. So, too, of any attempt by "a minister or other servant under the Crown directly or indirectly to use the powers of office" to influence the election; Resolution, Dec. 1779; Com. J. 507. So, too, of intimidation by the presence of regular soldiers; Resolution, Dec. 22, 1741; 24 Com. J. 37; and see, as to Great Britain, 10 & 11 Vic. c. 21, ante, p. 17. Finally, a penalty of 100l., and perpetual disqualification" for any office or place of trust whatever," are incurred by any of the following officers who shall endeavour to persuade any voter to vote or refrain from voting Collectors of Excise, 5 W. & M. c. 20, s. 48; Commissioners of Customs, 12 & 13 Will. III. c. 10, s. 91; Postmasters, or Postmasters-general, or any persons employed in managing, &c. the revenue of the Post Office, 9 Anne, c. 10, s. 44; Justices, Receivers, or Police Officers in the Metropolitan Police, during, and six months after, tenure of office, 10 Geo. IV. c. 44, s. 18; 2 & 3 Vic. c. 71, s. 55.

:

Civil conse

quences.

CHAP. V. be deemed guilty of a misdemeanour (in Scotland, of an offence punishable by fine or imprisonment), and is liable to a penalty of fifty pounds. The avoidance of votes, and the civil consequences to candidates and voters, are the same as in bribery; except that the vote of a person found guilty by a committee of having used undue influence is not void.1

1 Ante, pp. 129, 131.

APPENDIX.

List of Persons ineligible for the House of Commons.

As to what Offices will vacate a seat, leaving the person unseated re-eligible, see ante, p. 2, note 2.

GENERAL:

Minors; 7 & 8 W. III., c. 2, s. 8.
Insane persons.

Aliens; 12 & 13 W. III., c. 2.

Denizens by Letters Patent; 7 & 8 V., c. 66, ss. 6, 7, 8. Naturalized persons; 12 & 13 W. III., c. 2, s. 3. Persons in Holy Orders in the Church of England,^ of Ireland, of Scotland (10 G. IV. c. 7, s. 9), or of Rome (10 G. IV. c. 7, s. 9).

Peers of Parliament; Scotch Peers; Irish Representative Peers (39 & 40 G. III., c. 67).

JUDICIAL (ENGLAND):

English Judges of Superior Courts ; Com. J., Nov. 9,
1605.

English Judge of Admiralty Court; 3 & 4 V., c. 66.
Eng ish County Court Judges; 10 & 11 V., c. 102,

s. 18.

English Recorders, for Boroughs in which they act; 5 & 6 W. IV., c. 76, s. 103.

English Revising Barristers for 18 months from appointment, in places for which appointed; 6 V., c. 18, s. 28.

English Justices for the 8 Metropolitan Police Offices mentioned in 3 & 4 W. IV., c. 19, s. 19.

1 Incurable insanity, arising even after election, avoids the seat; Grampound, Oct. 29, 1566; D'Ewes, 126. Otherwise, it seems, when curable; Alcock's case, 2 Hats. 35 n.

2 See 25 Ed. III., st. 2; Cro. Car. 601; Bl. Com. 373; 12 & 13 W. III., c. 2; Glanv. 122; 1 Com. J. 798, 821; 8 ib. 42; 7 Anne, c. 5; 4 G. II., c 21; Dundalk, 1 P. R. & D. 89. 94; Lord Trimlestoun's case, H. Lords' J., Mar. 12, 1832; 13 G. III., c. 21.

3 As to proof of Holy Orders, see 41 G. III., c. 63, s. 4; 10 G. IV.c. 7,

8. 10.

4 1 Com. J. 27; 8 ib. 346; 11 ib. 626; 1 Doug. Introd. 73; Wight on Parl. 293; 2 Hats. 12; 20 Parl. Hist. 386.

41 G. III., c. 52, ss. 1, 2, 3.

The English Master of the Rolls is not ineligible.

A

Persons in JUDICIAL (ENGLAND)-continued.

eligible.

English Justices of the Peace, or Receivers appointed under Commissioners of Metropolitan Police Act; 10 G. IV., c. 44, s. 18 (continued by subsequent Acts).

Commissioner of City of London Police; 2 & 3 V., c. 94 (private), s. 7. DITTO (SCOTLAND):

Scotch Judges of Session or Justiciary, or Barons of the Exchequer; 7 G. II., c. 16, s. 4.

DITTO (IRELAND):

Irish Lord Chancellor, Master of the Rolls; the twelve Judges of Q. B., C. P., & Ex.; and Masters in Chancery; 1 & 2 G. IV., c. 44.

Irish Chairmen and Assistant Barristers for 7 years in any place in which they have exercised jurisdiction under 2 & 3 W. IV., c. 88, s. 37.1

RETURNING OFFICERS, &c.

Sheriffs, for their own shires2; Rutland, 43 El. 1601;
Dalton, 331; Br. Parliament, 7; D'Ewes, 37, 665.
Returning Officers of boroughs, for their own boroughs;
Thetford, 9 Com. J., 725; 1 Ib., 540; 20 Parl.
Hist., 383 Lyme, 2 Lud., 40: Taunton, 1 Peck.,
406: Wakefield, B. & Aust., 395; and see 2
W. IV., s. 11.

Scotch Sheriff Substitutes, Sheriff Clerks, and Deputy
Sheriff Clerks, for the shires for which they are
appointed; and Scotch Town Clerks, and Deputy
Town Clerks, for the places or districts for which
they are appointed; 21 G. II., c. 19, s. 11; 2 & 3
W. IV., c. 65, s. 36.

OTHER OFFICERS:

Governors, and Deputy Governors of Colonies; 6
Anne, c. 7, s. 25; 47 Com. J., 46; 53 Ib., 63.
Persons holding any patent place for life out of
Great Britain; Orme, 261.

Persons holding offices or places of profit under the
Crown which have been created since Oct. 25,
1705; 6 Anne, c. 7, s. 253; e.g.:—

1 No member of the House of Commons may hold these offices; 36 G. III, c. 25, s. 3; 6 V., c 18, s. 29.

2 When Sheriffs were Returning Officers for the boroughs in their shires, as well as for the shires themselves, they were ineligible for the former also; Abingdon, 1 Doug. 420; 2 Hats. 34; and see "Nolumus clause" in writ, post, p vi, note 3. But this is no longer the case (16 & 17 V. c. 68, s. 1). and they have always been eligible for boroughs without their jurisdiction; Southampton, 4 Doug. 87; Wells, ib. 123. A Sheriff of one county was also, in a single instance, declared ineligible for another county; 12 Jac. I, 1614; 2 Whitelocke, 369. But this decision has been shaken, and could hardly now be supported; see Sir E. Cokes' case, 4 Doug. 117.

3 Except Commissioners for Redemption of Land-tax (42 G. III., c.

OTHER OFFICERS-continued.

Persons in

Chief Keeper of Ordnance, &c.; 36 Com. J., 995. eligible.
Clerk of Delivery of Ordnance Stores; Ib., 1006.
Commissary General of Musters; 35 Ib., 809.
Salaried Commissioners of Affairs of India; 53
Ib., 5.

Groom of Bedchamber; 36 Ib., 539; 44 Ib., 319;
48 Ib., 126.

Master of Buckhounds; 39 Ib., 420.

Master of Household; 46 Ib., 447.

Out-Ranger of Windsor Forest; 48 Ib., 6.
Registrar of Court of Admiralty; 46 Ib., 91.
Remembrancer of Exchequer; 53 Ib., 5.
Riding Forester; 46 Ib., 459.

Secretary Chelsea Hospital; 39 Ib., 306.
Treasurer of Household; 48 lb., 996.

Commissioners, or Sub-commissioners, Secreta

ries, or Receivers, of prizes; 6 Anne, c. 7, s. 25.
Commissioners of Transports; Ib.

Commissioners of the Sick and Wounded; Ib.
Regimental Agents: 1b.

Commissioners for Wine Licences; Ib.
Commissioners of Navy in any outports; Ib.
Any fifth or further Secretary of State, if four
in the House; 21 & 22 V., c. 106, s. 4.

Any fifth or further Under Secretary of State, if
four already in the House; Ib.

Persons having Irish offices or places of profit,
by nomination of the Lord Lieutenant, Lord
Deputy, Lords Justices, or other governor of
Ireland, which have been created since 33 G. III.;
41 G. III., c. 52, s. 5.

Persons holding re-established offices in Ireland
under the Crown, which had been abolished or
disused for five years before Aug. 16, 1793; or
holding any Irish offices, the salary of which had
been increased by £100 a year, since that period;
or to which, having then no salary, any salary of

116, s. 185), or for determining claims for premises for service of
Ordnance at Woolwich (42 G. III., c. 89, s. 12); and the Vice Presi-
dent of Board of Trade (57 G. III., c. 66). The following offices are
specially excepted from any statutable disqualification:-Commis-
sioners of Treasury; 5 W. & M. c. 7, s. 57: of Land Tax, 39 G. III.,
c. 6, s. 44: Treasurer or Comptroller of Navy; one Commissioner of
Woods and Forests; 10 G. IV., c. 50, s. 21: Secretaries of Treasury
to Chancellor, of Exchequer, and of Admiralty; Under-secretary to
any Secretary of State (subject to the limitation in 21 & 22 V., c. 106,
s. 4, supra): Deputy-paymaster of Army, 15 G. II., c. 22, s. 3:
Master of Mint, 39 G. III., c. 94, s. 5: Vice President of Board of
Trade, 57 G. III., c. 66: President of Poor Law Board, and one Sec-
retary; 10 & 11 V., c. 109, ss. 8, 9: President of Board of Health;
17 & 18 V., c. 95, s. 3: Pensioners for diplomatic services under the
provisions of 2 & 3 W. IV., c. 116: 22 & 23 V., c. 5, s. 1.

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