Election Offences Act · s 31

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31.
Where, upon the trial of an election petition respect-ing an election, the Election Judge reports that a candidate at such election has been guilty by his agents of the offence of treating or undue influence or of any other corrupt or illegal practice in reference to such election, and the Elec-tion Judge further reports, after giving the Attorney Gener-al an opportunity of being heard, that the candidate has proved to the Court
(a) that no corrupt or illegal practice was com-mitted at such election by the candidate or his elec-tion agent and the offences mentioned in the said report were committed contrary to the orders and without the sanction or connivance of such candi-date or his election agent; and

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(b) that such candidate and his election agent took all reasonable means for preventing the com-mission of corrupt and illegal practices at such election; and
(c) that the offences mentioned in the said re-port were of a trivial, unimportant and limited character~ and
(d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his agents;
then the election of such candidate shall not, by reason of the offences mentioned in such report, be ~oid, nor shall the candidate be subject to any incapacity under this Act.

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s 31

Where, upon the trial of an election petition respect-ing an election, the Election Judge reports that a candidate at such election has been guilty by his agents of the offence of treating or undue influence or of any other corrupt or illegal practice in reference to such election, and the Elec-tion Judge further reports, after giving the Attorney Gener-al an opportunity of being heard, that the candidate has proved to the Court

(a)

that no corrupt or illegal practice was com-mitted at such election by the candidate or his elec-tion agent and the offences mentioned in the said report were committed contrary to the orders and without the sanction or connivance of such candi-date or his election agent; and

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(b)

that such candidate and his election agent took all reasonable means for preventing the com-mission of corrupt and illegal practices at such election; and

(c)

that the offences mentioned in the said re-port were of a trivial, unimportant and limited character~ and

(d)

that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his agents;

then the election of such candidate shall not, by reason of the offences mentioned in such report, be ~oid, nor shall the candidate be subject to any incapacity under this Act.