CO882-10 — Page 493

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ORD OFFICE

Reference :-

C.O. 882/10

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC COPYRIGHT PHOF GRAPH NGETO

PUBLIC RELÓRU

OFFICE, LONDON

Personation.

Treating.

Undue influence,

Bribery.

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(4) No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same, so as to make known to any person the name of the candidate for whom or against whose name he has so marked his vote.

(5) Every person who acts in contravention of the provisions of this Article shall be liable, on summary conviction, to imprisonment of either description for any term not exceeding six months.

XLIII. Any person who at an election held under this Order applies for a ballot paper in the name of some other person, 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, applies at the same election for a ballot paper in his own name, shall be guilty of the offence of personation, and shall be liable, on summary conviction, to imprisonment of either description for any term not exceeding six months.

XLIV.—(1) Any person who corruptly by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing any meat, drink, entertainment or provision to or for any person, for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at the election, or on account of such person or any other person having voted or refrained from voting, or being about to vote or refrain from voting at such election, shall be guilty of the offence of treating, and shall be liable, on summary conviction, to a fine not exceeding 500 Rupees, and shall for seven years from the date of his conviction be disqualified from voting at any election under this Order and from being elected a Member.

(2) Every voter who corruptly accepts or takes any such meat, drink, entertainment, or provision shall also be guilty of the offence of treating, and shall be liable, on summary conviction, to the penalty herein before in this Article specified, and shall be disqualified as therein provided.

XLV. Every person who directly or indirectly by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss 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, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any voter, or thereby compels, induces, or prevails upon any voter either to give or refrain from giving his vote at any election, shall be guilty of the offence of undue influence, and shall be liable, on summary conviction, to the penalty specified in Article 44, and shall be disqualified as therein provided.

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XLVI.-(1) The following persons shall be deemed guilty of the offence of bribery, and shall be liable, on summary conviction, to the penalty specified in Article 44 and shall be disqualified as therein provided :—

(a) Every person who directly or indirectly, by himself or by any other person, on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable considera- tion 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 corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at any election under this Order;

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(b) Every person who, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or 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 corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting at any election under this Order;

(c) Every person who, directly or indirectly, by himself or by any other person on his behalf, makes any Buch gift, loan, offer, promise, procurement, or agreement as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person as a Member of the Legislative Council, or the vote of any voter at any election under this Order;

(d) Every person who upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement procures or engages, promises, or endeavours to procure, the return of any person as a Member of the Legislative Council, or the vote of any voter at any election under this Order;

(e) Every person who advances or pays or causes to be paid any money to or to the use of any other person, with the intent that such money or any part thereof shall be expended in bribery at any election under this Order, or 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 such election; Provided always that the aforesaid enactment shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bona fide incurred at or concerning any election.

(2) The following persons shall also be, deemed guilty of the offence of bribery, and shall be liable, on summary conviction, to the penalty specified in Article 44 and shall be disqualified as therein provided :-

(a) Every voter who, before or during any election under this Order, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts 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 such election;

(b) Every person who, after any election under this Order, directly or indirectly, by himself or by any other person on his behalf, receives 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 such election.

XLVII. It shall be lawful for the Governor, with the advice Power to make and consent of the Council, to make laws for the peace, order, laws. and good government of the Island.

XLVIII. No law made by the Governor, with the advice Assent to laws. and consent of the Council, shall take effect until either the Governor shall have assented thereto in the name and on behalf of His Majesty and shall have signed the same in token of such assent, or His Majesty shall have given his assent thereto by Order in Council or through one of His Principal Secretaries of State.

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