And if any money, gift, office, employment, or reward be given or promised to be given to any voter, at any time, in order to influence him to give or withhold his vote, as well he that takes as he that offers such bribe forfeits 500/. and is for ever disabled from voting and holding any office in any corporation; unless, before conviction, he will discover some other offender of the same kind, and then he is indemnified for his own offences (50) the first instance that occurs, of election bribery, was so early as 13 Eliz. when one Thomas

s In like manner the Julian law de ambitu inflicted fines and infamy upon all who were guilty of corruption at elections; but, if

the person guilty convicted another offender, he was restored to his credit again. Ff. 48.

14. 1.

didates, he cannot afterwards maintain an action against that candidate, as courts of justice will not enforce the performance of a contract made in direct violation of the general law of the country. 1 Bos. and Pull. 264.

(50) This is enacted by 2 Geo. II. c. 24. explained and enlarged by 9 Geo. II. c. 38. and 16 Geo. II. c. 11. but these statutes do not create any incapacity of sitting in the house, that depends solely upon the treating act mentioned in the preceding note.

It has been held that it is bribery if a candidate gives an elector money to vote for him, though he afterwards votes for another (3 Burr. 1235.): and there can be no doubt, but it would also be bribery in the voter, for the words of the statute clearly make the offence mutual. And it has been decided that such vote will not be available to the person to whom it may afterwards be given gratuitously; for the elector swears he has received no money, gift, or reward, in order to give his vote; and an election ought not to depend upon a vote so contaminated with perjury, bribery, and treachery; and the voter's previous conduct must raise a strong suspicion that he gives his vote rather from the inducement of a higher bribe, than from the conviction of his conscience. But the propriety of this decision has been questioned by re. spectable authority. (2 Doug. 416.) An instance is given in 4 Doug. 366. of an action, in which twenty-two penalties, 11,000l. were recovered against one defendant. But besides the penalties imposed by the legislature, bribery is a crime at common law, and punishable by indictment or information, though the court of king's bench will not in ordinary cases grant an information within two years, the time within which

Longe (being a simple man and of small capacity to serve in parliament) acknowledged that he had given the returning officer and others of the borough for which he was chosen four pounds to be returned member, and was for that premium elected. But for this offence the borough was amerced (51), the member was removed, and the officer fined and imprisoned. But, as this practice hath since taken much deeper and more universal root, it hath occasioned the making of these wholesome statutes; to complete the efficacy of which, there is nothing wanting but resolution and integrity to put them in strict execution.

UNDUE influence being thus (I wish the depravity [180] of mankind would permit me to say, effectually)

guarded against, the election is to be proceeded to on the day appointed; the sheriff or other returning officer first taking an oath against bribery, and for the due execution of his office. The candidates likewise, if required (52), must swear to their qualification; and the electors in counties to theirs ; and the electors both in counties and boroughs are also com

t 4 Inst. 23. Hale of parl. 112. Com. Journ. 10 and 11 May 1571.

an action may be brought for the penalties under the statute. (3 Burr. 1335. 1359.) But this rule does not affect a prosecution by an indictment, or by an information by the attorney-general, who in one case was ordered by the house to prosecute two gentlemen who had procured themselves to be returned by bribery; they were convicted and sentenced by the court of king's bench to pay each a fine of 1000 marks, and to be imprisoned six months. 4 Doug. 292.

(51) Lord Mansfield observed upon this, that there could be no fine set in the house of commons; it must have been in the starchamber (3 Burr. 1336.); but the journals of the commons on the day referred to by the learned Judge expressly state, that it is ordered by this house that a fine of 20 pounds be assessed upon the corporation for their said lewd and slanderous attempt.

(52) If any candidate, upon a reasonable request from another candidate, or by two of the electors either at the election, or at any time before the return of the writ, shall refuse to swear to his qualification', his election shall be void. (9 Ann. c. 5.)

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pellable to take the oath of abjuration and that against bribery and corruption. And it might not be amiss, if the members elected were bound to take the latter oath, as well as the former; which in all probability would be much more effectual, than administering it only to the electors (53).

(53) All electors are compellable before they vote to take the oaths of allegiance and supremacy, 7 & 8 W. III. c. 27. But as these oaths were frequently required from the electors by one of the candidates for the purpose of delay, it was enacted by the 34 Geo. III. c. 73. that, when a poll is demanded at any election, the returning officer may, at the request of any candidate, appoint two persons, (or a sufficient number,) at proper places, to administer the oaths of allegiance and supremacy, the declaration of fidelity, the oath of abjuration, and the declaration or affirmation of the effect thereof, to each elector before he tenders his vote. The 42 Geo. III. c. 62. empowers these persons to administer all the oaths, and to take all the affirmations in the case of quakers, required by any law or statute, and to certify the names of the electors who have taken such oaths or made such affirmations. The expense thereby incurred is to be borne equally by all the candidates. And by the 25 Geo. III. c. 84. all electors for cities and boroughs shall swear to their name, addition, or profession, and place of abode; and also, like freeholders in counties, that they believe they are of the age of 21, and that they have not been polled before at that election. And by the same statute it is enacted, that if a poll is demanded at any election for any county or place in England or Wales, it shall commence either that day, or at the farthest upon the next, and shall be continued from day to day (Sundays excepted) until it be finished; and it shall be kept open seven hours at the least each day, between eight in the morning and eight at night; but if it should be continued till the 15th day, then the returning officer shall close the poll at or before three in the afternoon, and shall immediately, or on the next day, publicly declare the names of the persons who have a majority of votes; and he shall forthwith make a return accordingly, unless a scrutiny is demanded by any candidate, or by two or more of the electors, and he shall deem it necessary to grant the same, in which case it shall be lawful for him to proceed thereupon; but so as that, in all cases of a general election, if he has the return of the writ, he shall cause a return of the members to be filed in the crown office on or before the day on which the writ is returnable. If he is a returning officer acting under a precept, he shall make a return of the members at least six days before the day of the

THE election being closed, the returning officer in boroughs returns his precept to the sheriff, with the persons elected by the majority: and the sheriff returns the whole, together with the writ for the county and the knights elected thereupon, to the clerk of the crown in chancery; before the day of meeting, if it be a new parliament, or within fourteen days after the election, if it be an occasional vacancy; and this under penalty of 500l. If the sheriff does not return such knights only as are duly elected, he forfeits, by the old statutes of Henry VI, 1007; and the returning officer in boroughs for a like false return 401; and they are besides liable to an action, in which double damages shall be recovered, by the later statutes of king William : and any person bribing the returning officer shall also forfeit 300l. But the members returned by him are the sitting members, until the house of commons, upon petition, shall adjudge the return to be false and illegal. The form and manner of proceeding upon such petition are now regulated by statute (54) 10 Geo. III. c. 16.) amended

return of the writ; but if it is not a general election, then, in case of a scrutiny, a return of the member shall be made within 30 days after the close of the poll. Upon a scrutiny, the returning officer cannot compel any witness to be sworn, though the statute gives him power to administer an oath to those who consent to take it.

(54) This statute is better known by the name of Grenville's act, and it has justly conferred immortal honor upon its author. The select committees appointed pursuant to this statute, have examined and decided the important rights of election with a degree of purity and judicial discrimination highly honorable to themselves; and which were still more satisfactory to the public, from the recollection of the very different manner in which these questions, prior to 1770, had been treated by the house at large.

But this act has been much improved by 25 Geo. III. c. 84. & 28 Geo. III. c. 52. By these statutes any person may present a petition complaining of an undue election; but one subscriber of the petition must enter into a recognizance, himself in 2007. with two sureties in 1007. each, to appear and support his petition; and then the house shall appoint some day beyond 14 days after the commencement of the ses

by 11 Geo. III. c. 42. and made perpetual by 14 Geo. III. c. 15.) which directs the method of choosing by lot a select

sion, or the return of the writ, and shall give notice to the petitioners and the sitting members to attend the bar of the house on that day by themselves, their counsel or agents; this day, however, may be altered, but notice shall be given of the new day appointed. On the day fixed, if 100 members do not attend, the house shall adjourn from day to day, except over Sundays, and for any number of days over Christmasday, Whitsunday, and Good Friday; and when 100 or more members are present, the house shall proceed to no other business except swearing in members, receiving reports from committees, amending a return, or attending his majesty or commissioners in the house of lords. And by the 32 Geo. III. c. 1. the house is enabled to receive a message from the lords, and to proceed to any business that may be necessary for the prosecution of an impeachment on the days appointed for the trial. Then the names of all the members belonging to the house are put into six boxes or glasses in equal numbers, and the clerk shall draw a name from each of the glasses in rotation, which name shall be read by the speaker, and if the person is present, and not disqualified, it is put down; and in this manner they proceed, till forty-nine such names are collected. But besides these forty-nine, each party shall select, out of the whole number present, one person, who shall be the nominee of that party. Members who have voted at that election, or who are petitioners, or are petitioned against, cannot serve; and persons who are sixty years of age, or who have served before, are excused if they require it; and others who can shew any material reason, may also be excused by the indulgence of the house. After 49 names are so drawn, lists of them shall be given to the respective parties, who shall withdraw, and shall alternately strike off one (the petitioners beginning) till they are reduced to 13; and these 13, with the two nominees, constitute the select committee. If there are three parties they shall alternately strike off one; and in that case the 13 shall choose the two nominees.

The members of the committee shall then be ordered by the house to meet within 24 hours, and they cannot adjourn for more than 24 hours, except over Sunday, Christmasday, and Good Friday, without leave of the house; and no member of the committee shall absent himself without the permission of the house. The committee shall not in any case proceed to business with fewer than 13 members; and they are dissolved if for three successive days of sitting their number is less than that, unless they have sat 14 days, and then they may proceed