Odger's English Common Law

192 MALADMINISTRATION.
be sentenced to two years' imprisonment, with or without
hard labour, or fined £500, and in either case can be deprived
for long periods from exercising any political rights, or from
holding public office of any kind. A prosecution for an
offence under this Act can only be instituted with the consent
of the Attorney or Solicitor-General.
IV. Offences in connection with Elections.
Bribery at Parliamentary elections was at common law a
misdemeanour punishable on indictment or information. 1
does not, however, appear that any prosecution ever took
place until the offence was made a statutory one, although the
House of Commons in exercise of its exclusive privilege in
matters relating to the constitution of its own body took
cognizance of bribery as a ground for unseating its members.
Acts of Parliament have from time to time been passed to
secure purity of election, and to put a stop to that bribery and
corruption which formerly was only too rife. By the Corrupt
and Illegal Practices Prevention Acts, 1883 and 1895, 2 any
candidate who has been guilty of any corrupt practice within
the meaning of the Acts can never sit in the House of
Commons for the constituency where such offence was com-
mitted. Even a voter who is guilty of any corrupt practice
in reference to an election is not allowed to sit in the House
of Commons for seven years. Treating, undue influence and
bribery by an agent with the candidate's knowledge are also
misdemeanours. Offences in reference to municipal and county
council elections are dealt with in a similar manner. 3
Personation is a felony, and is punishable with two years'
imprisonment. Any one, who at an election applies for a
ballot paper in some one else's name, whether that name be
that of a person living or dead, or of a fictitious person, or
who, having voted once at any such election in his own name,
applies at the same election for another ballot paper, is liable
to be convicted of this offence/
1 B. v. Pitt (1762), 3 Burr. 1338.
2 46 & 47 Vict. c. 51 ; 68 & 59 Vict. c. 40.
« See 47 & 48 Vict. c. 70 and 1 & 2 Geo. V. c. 7.
* Ballot Act, 1872 (35 & 36 Vict. c. 33), s. 24.
It