THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE CORRUPT PRACTIOES ACT, 1883, WITH INTRODUCTION AND FULL INDEX. BY J. RENWICK SEAGEE, Author of "A Handbook of Parliamentary Registration,''^ S^-c. ^v. LONDON: P. S. KING & SON, PAELIAMENTAEY AGENCY, KING STREET, WESTMINSTER, SAV. t^..: >- •< DC OB i cs 7 1^ INTRODUCTION. The " Corrupt Practices Act, 1883," which comes into force on the 15th of October next, has two main objects : first, that of the prevention of illegal and corrupt practices in connection with parliamentary elections ; and, secondly, the diminution of expense in the conduct of such elections. Both these objects are carefully and elaborately provided for in this Act, and if its provisions are honestly carried out, the length of a man's purse will not, as now, be such an important factor ; and the w^y will be opened for many men of talent, with small means, to take part in the government of the country, who have been hitherto deterred from seeking a seat in the House of Commons by the great expense which a contest entails. It is to be hoped, that not only will the House of Commons thus gain by the addition to its ranks of talented members, but that the people themselves will be gainers, by having their sense of patriotism increased, inasmuch as most of the work of the election will have to be of a voluntary character; and the electors will feel that a great public duty is put upon them ; and that they are not merely assisting in a business which is to result in lining their own pockets in return for the social elevation or aggrandisement of the candidate. The Act is only to remain in force till the 31st of December, 1884, unless continued by Parliament, but there is not much doubt that so well-considei-ed and beneficial an 412689 4, Act will be renewed. It is to be regretted, however, that when the Act was drafted, it did not repeal all prior statutes relating to corrupt practices, instead of leaving a section here, and a part of a section somewhere else, which have to be read with this statute. The Act is divided into ten parts : the first four dealing with matters which are illegal, the fifth with expenditure which is permissible, and the rest of the Act with election petitions and the legal proceedings consequent thereon. The matters which are declared to be illegal are under three heads. Corrupt Practices, Illegal Practices, and Illegal Payment, Employment, or Hiring. Corrupt Practices, Prior to this Act, although treating was illegal, and rendered the candidate, if he was a party to it, liable to a heavy penalty, and rendered the voter who accepted it incapable of voting, it did not punish the person treating, unless he were the candidate. It is now enacted that any person who, before, during, or after an election, by himself or by any other person, either 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 his having voted, or refrained from voting, or, being about to vote, or refrain from voting, shall be guilty of treating. And every elector who corruptly accepts the same will also be guilty of the same offence. Bribery is defined by the Corrupt Practices Prevention Act of 1854 to comprise the giving, or lending, or offering, or providing to give, or lend, any money, or valuable consideration, to a voter, or to any person on behalf of a voter, or to any other person, to induce any voter either to vote, or refrain from voting. It likewise includes the offer of, or agreeing to give, or procure, any office, place, or employment, for any voter, or the corruptly doing of any such act on account of any voter having voted, or refrained from voting. Although the word " corruptly " is not used in the section defining the offence, it is to be implied. Candidates may subscribe to political associations for the purpose of defraying the expenses of registration of voters, but it is doubtful whether payment could be made to a man to compensate him for loss of time in attending the revising barrister's court to substantiate his claim to vote. It is clear that payment for a man's loss of time in going to the poll would be bribery, and that paying a man's rates for the purpose of enabling him to be registered as a voter would be illegal if done for the purpose of corruptly influencing his vote. A voter who is employed in any capacity in the election may not vote, but if he did, probably it would be bribei'y, as well as an illegal practice. Charities dispensed by a candidate, or his agent, would be bribery, if corruptly given for the purpose of influencing the voter receiving them. To be " corrupt '' the act must be done with the intention of influencing the election, and many acts, which are perfectly innocent in themselves, would become illegal, if done with this purpose in view. Undue influence is defined by the present Act to mean the using, or threatening to use, any violence, force, or restraint, or inflicting, or threatening to inflict, any temporal or spiritual injury, damage, harm, or loss, upon any person to induce him to vote, or refrain from voting. The words are almost identical with those of the Act of 1854, with the exception of the words " temporal or spiritual injury," which have been substituted for the word " intimidation,'' in the earlier Act. Temporal injury no doubt points to such cases as the threat of eviction by a landlord, or the withdrawal of custom, or dismissal from employment. While " spiritual injury '' would probably mean the threat of ex-communica- tion by an ecclesiastic, or the denial of the rites of religion. It appears doubtful whether the mere excitation 6 of superstitious fears — as, for example, telling a man that if he votes for A B he will peril his soul — would be considered a spiritual injury. This seems to be a change for the worse, inasmuch as it is not an unknown circumstance that priestly influence has been brought to bear in favour of candidates of a certain class, and unfortunately there are electors amenable to such influence. It is probable that the detaining of workmen, so as to prevent their voting, would come within the word " restraint/' The punishment for bribery, treating, or undue influence, is iibprisonment, with or without hard labour, for a term not exceeding one year, or a fine not exceeding £200. In addition to this, the offender is to be incapable of being registered as a voter, or voting in any election for seven years after the date of conviction (this only refers to parliamentary elections) ; and he is excluded from holding any judicial or public ofiice. This includes the office of justice of the peace, and revising barrister. Personation of a voter, or the aiding or abetting of the offence is to be even more strictly dealt with ; any person convicted of this offence is guilty of felony, and is subject on conviction to imprisonment, with or without hard labour, for a term not exceeding two years. By the Ballot Act, personation not only includes the application for a ballot paper in the name of some other person, either living or dead, or of a fictitious person, but the application for a ballot paper in the voter^s own name, when he has already voted once at the election. Where, after a trial of an election petition, it is reported to the Speaker by the court, that the offence of bribery, or personation, was committed by any candidate, or with hia consent, or that treating or undue influence was exercised by him, or with his consent, in addition to the punishment already specified for such offences, he is for ever rendered incapable of sitting in the House of Commons for the county or borough in which the offence was committed. Where it is reported that the candidate, by his agents, has been guilty of any corrupt practice, lie is precluded from sitting in tte House of Commons for that county or borough for seven years from the date of the report; and in both cases the election is void. % Illegal Practices. By this Act, payment for the conveyance of voters to the poll is prohibited, either by road or rail ; likewise, pay- ment to electors for the exhibition of bills of any kind, except where it is the business of the voter to post or exhibit bills. Payment for the use of committee rooms, beyond the number allowed by the Act, is also declared illegal, A Schedule attached to the Act limits the amount which may be spent in an election, any expenditure in excess of this amount is an illegal practice, and renders the candidate, or his election agent, who knowingly breaks the law, liable to punishment. Publishing a false statement of the withdrawal of a candidate is an illegal practice ; likewise inducing a person to vote who is prohibited by law from voting, or voting where the voter is ineligible to vote — as, for instance, where he is a paid clerk or agent engaged in the election. In these cases, however, the candidate is not liable for the act of any agent, except his election agent. The punishment for breach of this enactment is a fine not exceeding one hundred pounds, and being incapacitated from being registered as an elector, or voting at any election, either Parliamentary or for a public office within the county or borough in which the ofience was committed, for the space of five years from the date of conviction. A public office means any office under the Crown, or under the charter of a city or borough, or for a member of a school board, or local board, or guardian, or any other municipal or parochial office. It is also enacted that where an enquiry is held by an election court, they are now to report illegal practices, as well as corrupt practices, and if they report that any illegal practice has been committed,, by or with the knowledge or consent of any candidate^ lie is incapacitated from sitting in the House for that county or borough for seven years ; while if the report states that the agents of the candidate have been guilty of illegal practices, such candidate cannot be elected or sit for that place during the parliament for which the election was held, and in both cases the election is void. The law of agency is not affected by this Act, and therefore all persons who do any acts tending to promote the election of a candidate, with his own or his authorised agents' knowledge, would be agents, whether paid or not. Thus, every member of the executive committee of a political association which was supporting any candidate might void an election, were he guilty of any illegal practice, as defined by this Act. A mere canvasser who was sent round to obtain information, rather than to exercise personal influence, would hardly be deemed an agent, nor would the candidate be liable for the acts of any member of a general committee of several hundreds, who were only nominally a committee, unless some special circumstance brought such member into a more close relationship with the candidate. The law of agency, however, is very vaguely defined, and it would be impossible within the limits of the present paper to adequately discuss it. Illegal Payment, Employment, and Hieing. By this Act it is illegal to provide money for the pay- ment of anything contrary to the provisions of this Act, or of expenses in excess of the maximum amount allowed by the Act. This will affect political associations as well as some of the great political clubs, who have hitherto been active in supplying pecuniary aid in certain places. It is prohibited to let, lend, or employ any stage or hackney carriage or horse or other animal kept for drawing it, or any horse or carriage kept for the purpose of letting out on hire, for the purpose of gratuitously conveying voters to the poll. 9 But there is nothing to prevent any voter or party of voters hiring any such carriage at their own joint cost. There is no provision for the conveyance of the sick and infirm as was at first suggested ; but there is nothing to prevent any person lending any conveyance not covered by the previous words — that is, not being a conveyance usually let out on hire — gratuitvusly for the purpose of the conveyance of voters, and no duty will be payable or any license required for such conveyance. The only exception in which payment may be made for the conveyance of voters, is where the nature of the county is such that any electors are unable to reach their polling place without crossing the sea, or an arm of the sea. In such a case payment would be allowed in addi- tion to the maximum amount of expenses allowed by the Act. Corruptly inducing or procuring a candidate to with- draw from an election in consideration of payment, or pro- mise of payment, is an illegal payment within the Act, and renders both the parties liable to punishment. It is to be noted that wherever the word " payment '■" is used in this Act, it includes the giving or promising any office, place, or employment, and any valuable consideration or other equi- valent for money. Payment for bands of music, torches, flags, banners, cockades, ribbons, or other marks of distinction, is pro- hibited, and is an illegal payment. By the Act of 1854 such payments were declared to be^ illegal, and rendered persons making them liable to 40s. penalty in every case ; but this Act makes it an offence punishable l)y a fine of £100, and in the case of a candidate or his election agent it is to be deemed an illegal practice, with all the penalties attendant upon such an offence. It is not onl}'^ at the immediate period of the election that such payment or contract to pay is forbidden ; by the Act, if before, during, or after an election, this section of the Act is contravened, the person making the payment is guilty of illegal payment, and any person being party to such a contract or receiving such payment, knowing that it was being made contrary to law, will be equally guilty. 10 As the Act specifies wtat persons may be employed for payment, and in what capacities, it is made illegal to employ any other persons. Therefore the employment of clerks or messengers in excess of the number specified is illegal ; while the employment of paid canvassers or watchers is absolutely prohibited. Every bill, poster, or placard having reference to an election, must bear upon its face the name of the printer or publisher, and the issuing or posting of such bills, &c., by a candidate or his election agent without such name is a corrupt practice^ and in the case of any other person an illegal practice. This will have a very salutary effect in some places, and will probably put an end to some of the scurrilous libels incident to election times. It is an illegal hiring to have committee rooms for election purposes in any public house, or refreshment house, or any premises where intoxicating liquors are licensed to be sold, either wholesale or retail ; the only exception being that of a permanent political club. Nor may committee rooms be taken in any public elementary school receiving an annual parliamentary grant, unless in any of these cases the other parts of the premises are structurally separate from the prohibited premises, and are ordinarily let-off as chambers or offices, or used for public meetings or arbitrations. The term '* committee room'' will not include any house or room occupied by the candidate as his dwelling, merely because the candidate transacts business with his agents there ; nor will a room in which the candidate addresses the electors or his committee men be so considered. This is evidently to meet the difficulty of the candidate staying at an hotel where, without doubt, he would frequently be obliffed to see his agents and members of his committee. As before stated, any person guilty of the offence of illegal payment, hiring or employment, is liable to a fine of £100, and if he is a candidate or election agent it becomes a corrupt practice, with its penal results to the candidate of exclusion from the House of Commons, and the voiding r>f the election. 11 There isj however, a provision in favor of the candidate, that where, on an enquiry by an election court, it shall be proved, and the court shall report that, although offences have been committed contrary to the statute, that they were committed without the sanction or connivance of the candidate or his election agent, and that the candidate and his agent took all reasonable means to prevent such offences, and that in all other respects the candidate and his agent were free from any corrupt or illegal practice ; in such case the candidate is not liable to any penalty under this Act. Likewise, where any payment^ employment, or other matter has been made or done in contravention of the Act innocently, and it is proved either to the High Court, or the Election Court, that such acts have been inadvertent, and the court accepts the excuse, the court has power to allow the matter to be an exception to the Act, and to exonerate all parties from blame. It may be taken, however, that the court will expect very strong evidence of innocence before it grants absolution to candidate or agent. Any indictment under this Act, or the Corrupt Practices Prevention Acts, may be tried at the Central Criminal Court, or before a Judge with a Special Jury at the Royal Courts of Justice if the Court so directs. Election Expenses. The next part of the Act deals with election expenses. A candidate on or before the day of nomination must name some person to be his election agent (he may now nominate himself if he chooses). In counties he may nominate one sub-agent for each polling district, who is equally responsi- ble with the election agent, and the candidate for both. The returning officer is to have notice given him of the appointment of the agent or sub-agents, and is to publicly notify the same. When an election agent ceases to be agent for a candidate the appointment of the sub-agents still exists, unless revoked by the election agent for the time being. Both agent and sub-agent must have, within the county or 12 borough they act for, an office where all claims or documents may be sent, and the notice issued by the returning officer must state the address. No contract is enforceable against a candidate or his election agent unless it was made by the candidate himself or his election agent or sub-agent duly appointed, although the inability to enforce the contract does not relieve the candidate or his agent from the consequences of any acts, illegal or corrupt, that may have been done by other agents. Every payment above 40s. must be vouched for by a bill stating the particulars and by a receipt. All claims against a candidate must be sent in fourteen days after the election, instead of one month as heretofore j and all expenses must be paid within twenty-eight days from the date of election, except where there is a dispute between the election agent and the person who has made a claim ; in that case the claimant is left to his remedy of action, and if it is only the amount which is in dispute, the court may order it to be settled by an arbitrator (either a master or official referee or some other officer of the court) . The candidate is permitted by the Act to spend a sum not exceeding £100, for personal expenses, including hotel bills, &c., and within fourteen days after the election he must supply the election agent with an account of such expenditure. The election agent may authorise in w^riting any person to expend any sum for petty expenses, for postage, tele- grams, stationery, &c., but must limit the amount, and will himself be liable for any excess of that amouut. Within thirty-five days from the date of election, the election agent for each candidate must return a statement of all payments, with bills and receipts, of the personal expenses of the candidate, of the returning officer's charges, and of any disputed or unpaid claims, and, in addition, must state what moneys, securities, or equivalents for money, he has received from the candidate or from any other person for the purposes of the expenses of the election, with a statement of the names of the persons from whom they were received. 13 This provision, together with the one recently iidverted to, making all persons supplying money in excess of the maximum amount allowed by the Act to be expended, liable for an illegal payment, will have to be carefully considered by political associations ; the Interpretation Clause of the Act including any association or body of persons in the word '' person," and stating that the members of such asso- ciations shall be liable to any fine or punishment imposed by the Act. The return, having been made, must be transmitted to the returning officer, accompanied by a declaration by the election agent, made before a justice of the peace, stating that the return is correct, and that no other payment has been made, either by himself or any other person, club, society, or association, or any promise made of payment, or offer of reward, office, employment, &c., and that beyond the return he makes, no money has been deposited, paid, or advanced for the management of the election. Within seven days of the return by the agent, the candidate must make a declaration. This declaration states, that beyond the amount stated in the return, the candidate believes that no person, club, or association has made any payment, or promised any reward, office, employment, or valuable consideration in respect of the election, and that the return made is correct, and that he will not be a party to making any other payment at any future time in respect of the election. The penalty for not transmitting the return of election expenses, as directed by the Act, is, that after the time specified, the person elected cannot sit or vote in the House of Commons until the Act is complied with, and if he sit or votes he is liable to forfeit £100 per day to any person choosing to sue for the penalty, and the election agent is guilty of an illegal practice. Refusal or failure on the part of an election agent or sub-agent to make the necessary return renders such person liable to a fine of £500. A fake declaration lirings the person making it within u the criminal law^ and they are liable to punishment fur wilful and corrupt perjury. The High Court has power to excuse any error or false statement in the return, or the non-transmission, as directed, where the error has arisen from illness, absence, death, or misconduct of any agent or clerk, or from any reasonable cause. A summary of the returns is to be published by the returning officer within ten days, in two newspapers circu- lating in the county or borough for which the election was held, and he is to state at the same time where the returns may be seen. Any person may inspect the returns and declarations at the office of the returning officer upon payment of one shilling, and have copies made at a specified charge. They are to remain open for inspection for two years, and after that time are to be either destroyed or returned to the candidate, if he wishes it. Before a person, not being a candidate or party to the election petition, is reported guilty of any corrupt or illegal practice, he is to have the opportunity of being heard and of defending himself. He has a right of appeal to the next assizes. The public prosecutor who is to be represented at all inquiries by an election court is directed to report any case to the Lord Chancellor, where a justice of the peace has been guilty of any corrupt practice, and the Lord Chan- cellor has power to remove him from the commission of the peace. When a barrister or a solicitor, or surgeon, or a physician is reported guilty of corrupt practice, the public prosecutor is to report their case to whatever tribunal has power to deal with the person reported, as the High Court or an Inn of Court. Persons holding licenses under the Licensing Acts repoi'ted guilty of bribery or treating, are to be reported to the licensing justices, and they shall consider whether the license shall be renewed. A list is to be made annually in every county or borough of persons who have been found guilt}^ of corrupt or illegal practices^ and who would otherwise be eutitlcd to vote, and the list is to be published with the list of voters by the overseers, and the names of all such persons are to be expunged from the list of voters. The time for petitioning against a return is shortened from 21 to 14 days in cases where illegal practices alone are alleged ; in cases where bribery is alleged the period is still 28 days. In calculating the number of days, Sundays will not count, and it excludes the first and includes the last day. The time will begin to run from the day on which the returning officer receives the return and declara- tion from the election agent, and if they were not received at the same time, then the time is to commence from the day on which the last was received. When once a petition is lodged it cannot be withdrawn without the consent of the High Court. It is illegal to make an arrangement to withdraw a petition for payment, or in consideration of the seat being vacated at some future time, or in consideration of the withdrawal of any other petition. Liability to imprisonment for twelve months and a fine of £200 is the penalty for the infraction of this section. The public prosecutor is to attend the trial of every election petition by himself or representative, and he has power to intervene and call witnesses. It is his duty also to prose- cute all persons who have been guilty of corrupt or illegal practices, and who have not received a certificate of indem- nity from the court. The court has power to make the parties to the petition pay the public prosecutor's costs. No person can be prosecuted for any offence under this Act after twelve months from the time when the alleged offence was committed, or three months after the election court has made its report ; and in the latter case it must be within two years after the offence was committed. Polling districts are to be so arranged in counties that every elector shall have a polling place within three miles of his residence, except where the district is so sparsely populated that it would contain less than 100 voters. In boroughs every resident elector shall have a polling 1(5 place within one mile of his residence ; but it is optional with the local authority so to divide the borough if a polling district would contain less than 300 voters. The boroughs of East Eetford, Shoreham, Cricklade, Much Wenlock and Aylesbury are excepted from this provision. The distance in these cases being extended to three miles, and the number of electors reduced to 100. Section 5 of the Ballot Act is incorporated with this section, and therefore any order for the division of polling districts only applies to lists of voters made after the date of the order, and to elections held after the time when the register so formed comes into force. The Act is made applicable to Scotland and Ireland. The only exception being, that in Scotland the list of persons found guilty of corrupt or illegal practices are to be published by the assessor for the county or borough, and in Ireland by the registration officer himself, and not, as in England, by the overseers. Legal Expenditure. Having pointed out the several matters which are illegal, the Act specifies the persons who may be employed and the amount which may be legally expended in an election. Each candidate is allowed to have one election agent and no more, but a candidate may be his own election agent. In counties, sub-agents may be appointed, one for each polling district ; and in counties and boroughs a polling agent in each polling station, presumably the latter persons are to act as personation agents, as no other persons are allowed to remain in a polling station under the Ballot Act, except the officials of the returning officer. A clerk and a messenger may be employed for the central com- mittee room, and where the number of electors exceeds five thousand, an additional clerk and a messenger for every complete five thousand on the register. Clerks and messengers, in the proportion of one of each 17 for every polling district with five hundred electors, or if more than five hundred, a clerk and a messenger for each complete five hundred. If there are more than five hun- dred electors in a polling district, but not one thousand, two clerks and two messengers may be employed, or wherever after taking the complete number of five hun- dreds, there are a number not amounting to a complete five hundred, an additional clerk and a messenger may be em- ployed. These clerks and messengers are not necessarily to be employed for any particular polling district, but may be sent to whatever place within the county their services are required. In boroughs, besides the one election agent, only one clerk and a messenger may be employed for every five hundred electors on the register ; for any number of electors over the complete five hundred, an additional clerk and a messenger may be employed. The boroughs of East Ret- ford, Shoreham, Cricklade, Much Wenlock, and Aylesbury, are to stand in the same position with regard to the employ- ment of clerks and messengers, as counties. No person, in counties or boroughs, beyond those men- tioned, may be employed for payment, or promise of pay- ment, in any capacity whatever, and every person must be appointed and paid by the election agent. Therefore, paid secretaries and officers of political associations will not be able to take part in the work of the election, unless they are duly appointed as either election agents, clerks, or messengers. In boroughs, no sub-agents can be appointed. The election agent may give written authority to any person to pay petty expenses, such as postage, telegrams, &c., for a limited amount. Any of the persons who are employed under this Act may be electors, but if electors they cannot vote, if they do they are subject to the penalties applicable to an illegal practice, and the vote is thrown away. The candidate must pay the returning officer's expenses, which are regulated by the "Parliamentary Elections Act, 1875." 18 He is permitted to spend one hundred pounds for his personal expenses. These would be principally his hotel and travelling expenses ; it would include any hospitality he extended to friends. This must be "reasonable;'' although it is diflBcult to know where the line could be drawn. At any rate, he must not entertain any voters " corruptly " for the purpose of influencing their votes. He may incur the expense of printing, advertising and publishing, issuing or distributing, addresses and notices. Although the number of persons who may be employed at the election is limited by the Act, it would hardly include the services of persons employed to fold and direct notices at so much per thousand, nor the services of " sandwich men," — who would only be part of the necessary expense of advertising — nor bill-stickers. Printers employed upon election literature would not come within the meaning of persons employed for payment. The expense of stationery, messages, postage and telegrams are to be allowed, likewise the necessary expenses attending the holding of public meetings. The expenses of a number of committee rooms, within the limits laid down by the Act, are also to be allowed. Exclusive of the personal expenses of the candidate and the returning officer's expenses in an English or Scotch county, where the electors on the register do not number more than 2,000, £650 is the maximum amount which may be spent ; in Ireland it is limited to £500. Where there are more than 2,000 electors, in England or Scotland, £60 in addition for every complete 1,000 over the first 2,000, and in Ireland £40 additional for every 1,000 may be spent. In English and Scotch boroughs, after payment of returning officer's charges, and candidates personal expenses, the maximum amount would be £350, where the electors on the register do not exceed 2,000 in number, and for every complete 1,000 over the first 2,000 an additional sum of £30 ; while in Ireland, where the electors do not exceed 600 in number, £200 may be spent, with an additional £50 if more than 500, but not more than 1000. If more than 1000 but 19 not more than 1500, the total amount expended may be £375. There is no provision for any borough in Ireland which may have more than 1,500 electors on the register. Of these amounts not more than £200 may be spent on miscellaneous matters not comprised in the list above given, although it is difficult to see what that amount could possibly be spent on honestly after payment of agents, clerks and messengers, printing, postage, and the other various matters set out in the schedule. Each candidate is at liberty to spend his money up to the limit laid down by the Act, where he is standing alone ; but where two candidates agree to use joint committee rooms, or employ the services of the same sub- agents, clerks, messengers, or polling agents, or publish a joint address, they will only be permitted to expend three- fourths of that amount, and if there are more than two joint candidates, only two-thirds of the maximum amount. The practical result of this scale may be shown thus — In the county of Middlesex, with its 38,373 electors, the utmost which it would be legal for a candidate to spend would be £2,870 exclusive of personal expenses and returning officer's expenses ; if two candidates ran together it would be £2,152. 10s. each. In the borough of Marylebone, with a register of 43,000 electors, the maximum amount would be £1,580 per can- didate, or for a joint candidature £1,185. At the last election, these constituencies cost the can- didates an average, in Middlesex, of £5,961. 5.s. 3(/. a-piece, and in Marylebone £1,960. 7s. Such are the principal provisions of the Corrupt Practices Act of 1883, which I have endeavoured to summarise and place before the public in as concise a form as possible. J. R. S. 3, Harcourt Buildings, Temple. B -1 21 COEEUPT AND ILLEGAL PEACTICES PEEVENTION ACT, 1883. [46 & 47 Vict, Cii, 61.] ARRANGEMENT OF SEC^riUNS, Corrupt Practices. Section 1. What is treating. A, D. 1883 2. What is undue influence. 3. What is corrupt practice, 4. Punishment of candidate found, on election petition, guilty personally of corrupt practices. 5. Punishment of candidate found, on election petition, guilty by agents of corrupt practices. 6. Punishment of person convicted on indictment of corrupt practices. Illegal Prticttces. 7. Certain expenditure to be illegal practice, 8. Expense in excess of maximum to be illegal practice. 9. Voting by prohibited persons and publishing of false state- ment of withdrawal to be illegal. 10. Punishment on conviction of illegal practice. 11. Report of election court respecting illegal practice, and pimishment of candidate found guilty by such Report. 12. Extension of 15 and 16 Vict. c. 57, respecting election commissioners to illegal practices. Illegal Payment, Employment, and Hiring. 1 3. Providing of money for illegal practice or payment to be illegal payment. 14. Emplo3^ment of hackney carriages, or of carriages and horses kept for hire. 15. Corrupt withdrawal from a candidature. 16. Certain expenditure to be illegal payment. 17. Certain employment to be illegal. 18. Name and address of printer on placards. Section A.D. 1883. 19. Paving for creditoi-s. 20. Use of committee room in house for sale of intoxicating" liquor or refreshment, or in elementary school, to be illegal hiring. 21. Punishment of illegal pa;yTnent, employment, or hiring. JExcuse and Exception for Corrupt or Illegal Practice or Illegal Payment, Employment, or Hiring. 22. Report exonerating candidate in certain cases of corrupt and illegal practice by agents. 23. Power of High Court and election court to except innocent act from being illegal practice, &c. Election Expenses. 24. Nomination of election agent. 25. Nomination of deputy election agent as sub-agent. 26. Office of election agent and sub-agent. 27. Making of contracts through election agent. 28. Payment of expenses through election agent. 29. Period for sending in claims and making payments for election expenses. 30. Reference to taxation of claim against candidates. 31. Personal exjienses of candidate and petty expenses. 32. Remuneration of election agent and returning offi.cer's expenses. 33. Return and declaration respecting election expenses. 34. Aiithorised excuse for non-compliance with provisions as to return and declaration respecting election expenses. 35. Publication of summary of return of election expenses. Bisqualification of Electors. 36. Prohibition of persons giiilty of corrupt or illegal j)ractices, &c., from voting. 37. Prohibition of disqualified persons from voting. 38. Hearing of person before he is reported guilty of corrupt or illegal practice, and incapacity of person reported guilty. 39. List in register of voters of persons incapacitated for voting by corrupt or illegal practices. Proceedings on Election Petition. 40. Time for presentation of election petitions alleging illegal practice. 41. Withdrawal of election petition. 42. Continuation of trial of election petition. 43. Attendance of director of public prosecutions on trial of election petition, and prosecution by him of offenders. 44. Power to election court to order payment by county or borough or individual of costs of election petition. 2:3 Section Miscellaneous. 45. Inquiry by Director of public prosocutiona into alleged ' J l ' corrupt or illegal practices. 46. Removal of iucaj)acity ou proof that it was procured by perjury. 47. Ameudmeut of law as to polliug districts and polling places. 48. Conveyance of voters by sea in certain cases. 49. Election commissioners not to inquire into elections before the passing of this Act. Legal Proceedings. 50. Trial in Central Criminal Court of indictment for corrupt practice at instance of Attorney-General. 51. Limitation of time for prosecution of offence. 52. Persons charged with corrupt practice may be found guilty of illegal practice. 53. Application of enactments of 17 and 18 Vict., c. 102, and 26 & 27 Vict., c. 29, relating to prosecutions for bribery. 54. Prosecution on summary conviction, and appeal to quarter sessions. 55. Ajjplication of Summary Jurisdiction and Indictable Offences Acts to proceedings before election courts. 56. Exercise of jurisdiction of High Court, and making of rides of Court. 57. Director of public prosecutions, and expenses of prose- cutions. 58. Recovery of costs paj^able by county or borough or by person. Supplemental Provisions, Dejinitions, Savings, and Repeal. 59. Obligation of witness to answer, and certificates of in- demnity. 60. Submission of report of election court or commissioners to Attorney-General. €1. Breach of duty by officer. 62. Publication and service of notices. 63. Definition of candidate, and saving for persons nominated without consent. 64. General interpretation of terms. 65. Short titles. 66. Repeal of Acts. 67. Commencement of Act. Application of Act to Scotland. 68. Application of Act to Scotland. Application of Act to Ireland. 69. Application of Act to Ireland. Continuance. 70. Continuance. Schedules. 24 CHAPTER 61. A.D. 1883. All Act for the better prevention of Corrupt and Illegal Practices at Parliamentary Elections. [25th August, 1883.] BE it enactyd by tlie Queen's most Excellent Majesty, by and Tvitli the advice and consent of the Lords Spiritual and Temporal, and Commons, in tliis present Parliament assembled, and by the authority of the same, as follows : Corrupt Practices. What is 1. Whereas under section four of the Corrupt Practices treating. Prevention Act, 1854, persons other than candidates at Parlia- mentary elections are not liable to any punishment for treating, and it is expedient to make such persons liable ; be it therefore enacted in substitution for the said section four as follows : — ( 1 . ) Any person who corruptly by himself or by any other perscm, either before, during, or after an election, directly or indirectly gives or provides, or paj'S 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 treating. (2.) And every elector who corruptly accepts or takes any such meat drink entertainment or provision shall also be guilty of treating. ^ff^oi ia 2. Every person who shall directly or indirectly, by himself undue in- or by any other person on liis behalf, make use of or threaten flucnce. ^f, make use of any force, violence, or restraint, or inflict or threaten 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 Avho shall by or-. abduction, duvoss, or any fraudulent device or coutrivaiice A.D. 1S83. impede or prrveiit the free exercise of the franchise of any elector, or shall thereby compel, induce, or prevail upon any elector either to give or to refrain from giving his vote at any election, shall be guilt}' of undue influence. 3. The expression "corrupt practice" as used in this Act TVIiat is cor- means any of the following offences : namely, treating and rupt i raotice. undue influence, as defined by this Act, and bribery, and personation, as defined by the enactments set forth in Part III. of the Third Schedule to this Act, and aiding, abetting, counselling, and procuring the commission of the offence of personation, and every oft'ence which is a corrupt practice within the meaning of this Act shall be a corrupt practice within the 31 k o-> Vict. meaning of the Parliamentary Elections Act, 1868. c. \2d. Piiiiislimeut of candidate found, ou election petition, gidlty per- sonally of cornipt practices. 31 & 32 Vict, c. 125. 4. Where upon the trial of an election petition respecting an election for a county or borough the election court, by the report made to the Speaker in pursuance of section eleven of the Parliamentary Elections Act, 1868, reports that any corrupt practice other than treating or undue influence has been proved to have been committed in reference to such election by or with the knowledge and consent of any candidate at such election, or that the offence of treating or undue influence has been proved to have been committed in reference to such election by any candidate at such election, that candidate shall not bo capable of ever being elected to or sitting in the House of Commons for the said county or borough, and if he has been elected, his election shall be void ; and he shall further be subject to the same incapacities as if at the date of the said report he had been convicted on an indictment of a corrupt practice. 5. Upon the trial of an election petition respecting an election for a county or borough, in which a charge is made of any corrupt practice having been committed in reference to such election, the election court shall rejiort in writing to the Speaker whether any of the candidates at such election has been guilty by his agents of any corrupt practice in reference to such election ; and if the report is that any candidate at such election has been guilty by his agents of any corrupt practice in reference to such election, that candidate shall not be capable of being- elected to or sitting in the House of Commons for such county or borough for seven years alter the date of the report, and if he has been elected his election shall be void. 6. (1.) A person who commits any corrupt practice other than Puni,slmient personation, or aiding, abetting, counselling, or procuring the of person commission of the offence of personation, shall be guilty of a mis- convicted on demeanor, and on conviction on indictment shall be liable to be indictment imprisoned, with or without hard labour, for a term not exceed- pi-^^t^cf Piinifilinicnt of caudidato found, on election petition, guilty by agents of corrupt practices. 26 A.D. 1883. "ig 0^16 yeai'» 01' to be fined any sum not exceeding two hundred pounds. (2.) A person who commits the offence of personation, or of aiding, abetting, counselling, or procuring the commission of that offence, shall be guilty of felony, and any person convicted thereof on indictment shall be punished by imprisonment for a term not exceeding two years, together with hard labour. (3.) A person who is convicted on indictment of any corrupt practice shall (in addition to any punishment as above provided) be not capable during a period of seven years from the date of liis conviction: (a.) of being registered as an elector or voting at any election in the United Kingdom, whether it be a parliamentary election or an election for any public office within the meaning of this Act ; or {b.) of holding any public or judicial office within the mean- ing of this Act, and if he holds any such office the office shall be vacated. (4.) Any person so convicted of a corrupt practice in refer- ence to any election shall also be incapable of being elected to and of sitting in the House of Commons during the seven years next after the date of his conviction, and if at that date he has been elected to the House of Commons his election shall be vacated from the time of such conviction. Illegal Practices. Certain "^ ^2.) No payment or contract for payment shall, for the expen 1 ure purpose of promoting or procuring the election of a candidate at practice. ^^J election, be made — {a.) on account of the conveyance of electors to or from the poll, whether for the hiring of horses or carriages, or for railway fares, or otherwise ; or {b.) to an elector on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibition of any addi-ess, bill, or notice ; or (c.) on account of any committee room in excess of the number allowed by the First Schedule to this Act. (2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this Act, shall also be guilty of an illegal practice. (3.) Provided that where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section. 8- (1.) Subject to such exception as may bo allowed iu pursiuiuce of this Act, no sum shall be paid and no expense shall be incurred by a candidate at an election or his election agent, whether before, during, or after an election, on account of or in respect of the conduct or management of such election, in excess of any maximum amount in that behalf sj)ecified in the First Schedule to this Act. (2.) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice, 9. (1.) If any person votes or induces or procures any person to vote at any election, knowing that he or such person is pro- hibited, whether by this or any other Act from voting at such election, he shall be guilty of an illegal practice. (2.) Any person who before or during an election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice. (3.) Provided that a candidate shall not be liable, nor shall his election be avoided, for any illegal practice under this section committed by his agent other than his election agent. 10. A person guilty of an illegal practice, whether under the foregoing sections or under the provisions hereinafter con- tained in this Act, shall on summary conviction be liable to a line not exceeding one hundred pounds and be incapable during a period of five years from the date of his conviction of being registered as an elector or voting at any election (whether it be a parliamentary election or an election for a public office within the meaning of this Act) held for or within the county or borough in which the illegal practice has been committed. 11. Whereas by sub-section fourteen of section eleven of the Parliamentary Elections Act, 1868, it is provided that where a charge is made in an election petition of any corrupt practice having been committed at the election to which the petition refers, the judge shall report in writing to the Speaker as follows : — (o.) "Whether any corrupt practice has or has not been " proved to have been committed by or with the know- " ledge and consent of any candidate at such election. ' ' and the nature of such corrupt practice ; (b.) "The names of all persons, if any, who have been ' ' proved at the trial to have been guilty of any corrupt ' ' practice ; (c.) " Whether corrupt practices have, or whether there is "reason to believe corrupt practices have, extensively " prevailed at the election to which the petition relates " : A.D. 1883. Expense ill oxcf .ss of maximum to bo illegal practice. Voting by prohibited persons and publishing of false state- ments of withdrawal to be illegal. Punishment on con-vdction of illegal practice. Report of election court re- specting il- legal prac- tice, and punishment of candidate found guilty by such re- port. 31, 32 Vict, c. 125. 28 A.D. 1«83. 31 & 32 Vict. G. 125. And whereas it is expedient to extend tlie said sub-section to illegal })raetices : Be it therefore enaeted as follows : — Sub-section fourteen of section eleven of the Parliamentary Elections Act, 1868, shall apply as if that sub-section were herein re-enacted with the substitution of illegal practice within the meaning of this Act for corrupt practice ; and upon the trial of an election petition respecting an election for a county or borough, the election court shall report in writing to the Speaker the particulars required by the said sub-section as herein re- enacted, and shall also report whether any candidate at such election has been guilty by his agents of any illegal practice within the meaning of this Act in reference to such election, and the following consequences shall ensue upon the report by the election court to the Speaker; (that is to say,) (rt.) If the report is that any illegal practice has been proved to have been committed in reference to such election by or with the knowledge and consent of any candidate at such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for the said county or borough for seven years next after the date of the report, and if he has been elected his election shall be void ; and he shall further be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice ; and (b.) If the report is that a candidate at such election has been guilty by his agents of any illegal practice in reference to such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for the said county or boi-ough during the Parliament for which the election was held, and if he has been elected, his election shall be void. Extension of 15 & 16 Vict, c. 57. respect- ing- election commis.sioners to illegal practices. 15 & 16 Vict. c. 57. 31 & 32 Vict, c. 125. 13. Whereas by the Election Commissioners Act, 1852, as amended by the Parliamentary Elections Act, 1868, it is enacted that where a joint address of both Houses of Parliament re- presents to Her Majesty that an election court has reported to the Speaker that corrupt practices have, or that there is reason to believe that corrupt practices have, extensively prevailed at au election in any county or borough, and prays Her Majesty to cause inquiry under that Act to be made by persons named in such address (being qualified as therein mentioned), it shall be lawful for Her Majesty to ajipoint the said persons to be election commissioners for the purpose of making inquiry into the existence of such corrupt practices : And whereas it is expedient to extend the said enactments to the case of illegal practices : Be it therefore enacted as follows : — When election commissioners have been appointed in j)ur- 29 guance of the Election Commissioners Act, 1852, and the enact- ments amending the same, they may make inquires and act and report as if ' corrupt practices ' in the said Act and the enact- ments amending the same included illegal practices ; and the Election Commissioners Act, 1852, shall be construed with siu^h modifications as are necessary for giving effect to this section, and the expression ' corrupt practice ' in tliat Act shall have the same meaniner as in this Act. A.I). 18S:?. 15 & 16 Vict, c. 57. Illegal Payment, Employment, and Hiring. 13. Where a person knowingly provides money for any payment which is contrary to the provisions of this Act, or for any expenses incurred in excess of any maximum amount allowed by this Act, or for replacing any money expended in any such payment or expenses, except where the same may have been illegal jmy- previously allowed in pursuance of this Act to be an exception, ment. such person shall be guilty of illegal payment. Providing- of money for illegal prac- tice or paj-- ment to bo 14. (1.) A person shall not let, lend, or employ for the Employment purpose of the conveyance of electors to or from the poll, any °^ hackney public stage or hackney carriage, or any horse or other animal ^f "!^^^^^' ,^^ kept or used for drawing the same, or any carriage, horse, or and'horj5e.s other animal which he keeps or uses for the purpose of letting kept for hire. out for hire, and if he lets, lends, or employs such carriage, horse, or other animal, knowing that it is intended to be used for the purpose of the conveyance of electors to or from the poll, he shall be guilty of an illegal hiring. (2.) A person shall not hire, borrow, or use for the purpose of the conveyance of electors to or from the poll any carriage, horse, or other animal which he knows the owner thereof is prohibited by this section to let, lend, or emplo}^ for that purpose, and if he does so he shall be guilty of an illegal hiring. (3.) Nothing in this Act shall prevent a carriage, horse, or other animal being let to or hired, employed, or used by an elector, or several electors at their joint cost, for the purpose of being conveyed to or from the poll. (4.) No person shall be liable to pay any duty or to take out a license for any carriage by reason only of such carriage being used without payment or promise of payment for the conveyance of electors to or from the poll at an election. 15. Any person who corruptly induces or procures any otlier Corupt -with- person to withdraw from being a candidate at an election, in drawal from consideration of any payment or promise of payment, shall be s '-■"i»"'dature. guilty of illegal payment, and any person withdrawing, in pur- suance of such indiicement or procurement, shall also bo guilty (of illeg-al payment. 30 A.D. 1883. Cei'tain ex- penditure to be illegal payment. Certain em- ployment to be illeo-al. Name and address of printer on placards. Saving for creditors. Use of com- mittee room in house for 16. (1.) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at any election, be made on account of bands of music, torches, flags, banners, cockades, ribbons, or other marks of distinction. (2.) Subject to such excei^tion as may be allowed in pursu- ance of this Act, if any payment or contract for pa)'ment is made in contravention of this section, either before, during, or after an election, the person making such payment shall be guilty of illegal payment, and any person being a party to any such contract or receiving such payment shall also be guilty of illegal payment if he knew that the same was made contrary to law. 17- (1.) No person shall, for the purpose of promoting or procuring the election of a candidate at any election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for any purposes or capacities mentioned in the first or second parts of the First Schedule to this Act, or except so far as payment is authorised by the first or second parts of the First Schedule to this Act. (2.) Subject to such exception as may be allowed in pursu- ance of this Act, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person engaging or employing him shall be guilty of illegal employment, and the person so engaged or employed shall also be guilty of illegal employment if he knew that he was engaged or employed contrary to law. 18. Every bill, placard, or poster having reference to an election shall bear upon the face thereof the name and address of the printer and publisher thereof ; and any person printing, publishing, or posting, or causing to be printed, published, or posted, any such bill, placard, or poster as aforesaid, which fails to bear upon the face thereof the name and address of the printer and publisher, shall, if he is the candidate, or the election agent of the candidate, be guilty of an illegal practice, and if he is not the candidate, or the election agent of a candidate, shall be liable on summary conviction to a fine not exceeding one hundred pounds. 19. The provisions of this Act prohibiting certain payments and contracts for payments, and the payment of an}' sum, and the incurring of any expense in excess of a certain maximum, shall not affect the right of any creditor, who, when the con- tract was made or the expense was incurred, was ignorant of the same being in contravention of this Act. 20. («.) Any premises on which the sale bj' wholesale or retail of any intoxicating liquor is authorised by a licence (wliether the licence be for consumption on or oft' the premises), or 31 A.D. 1883. sale of intoxi- cating liquor or refresh- ment, or in elementary school, to be illegal hiring. (b.) Any premises wliere any intoxicating liquor is sold, or is supplied to members of a club, society, or association other than a permanent political club, or ( and A.D. l,ss;i. address of tlie election ag-ont of eacli candidate .shall bo declared in writing- by the candidate or some other person on liis liehalf to the retnruiiig officer, and the returning officer sliall f'ortlnvith give public notice of the name and address of every election agent so declared. (4.) One election agent only shall be appointed for each candidate, but the appointment, whether the election a^'ent appointed be the candidate himself or not, may be revoked, and in the event of such revocation or his death, whether such event is before, during, or after the election, then forthwith another election agent shall be appointed, and his name and address declared in writing to the returning officer, wlio shall forthwith give public notice of the same. election agent as sub -agent. 25. (1.) In the case of the elections specified in that behalf Nomination in the First Schedule to this Act an election agent of a candidate of deputy may appoint the number of dejiuties therein mentioned (which deputies are in this Act referred to as sub-agents), to act within different polling districts. (2.) As regards matters in a polling district the election agent may act by the sub-agent for that district, and anything done for the purposes of this Act by or to the sub-agent in his district shall be deemed to be done by or to the election agent, and any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Act, shall be an illegal practice and offence against this Act committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly ; and the candidate shall suffer the like incapacity as if the said act or default had been the act or default of the election agent. (3.) One clear day before the polling the election agent shall declare in writing the name and address of every sub-agent to the returning officer, and the returning officer shall forthwith giA'e public notice of the name and address of every sub-agent so declared. (4.) The appointment of a sub-agent shall not be vacated by the election agent who appointed him ceasing to be election agent, but may be revoked by the election agent for the time being of the candidate, and in the event of such revocation or of the death of a sub-agent, another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the returning officer, who shall forthwith give public notice of the same. 26. (1.) An election agent at an election for a county or borough shall have within the county or borough, or within any county of a city or town adjoining thereto, and a sub-agent shall have within his district, or within any county of a city or town arljoining thereto, an ofHce or place to which all claims, C Office of elcc tion agrnt and sub- agent. 34 A.D. 1883. Making of contracts thi'ough elec- tion agent. Payment of expenses through elec- tion agent. notices, writs, summons, and documents may be sent, and the address of such office or place shall be declared at the same time as the appointment of the said agent to the returning officer, and shall be stated in the public notice of the name of the agent. (2.) Any claim, notice, writ, summons, or document delivered at such office or place and addressed to the election agent or sxib- agent, as the case may be, shall be deemed to have been served on him, and every such agent may in respect of any matter con- nected with the election in which he is acting be sued in any court having jurisdiction in the county or borough in which the said office or place is situate. S7- (1.) The election agent of a candidate by himself or by his sub-agent shall appoint every polling agent, clerk, and messenger employed for payment (m behalf of the candidate at an election, and hire every committee room hired on behalf of the candidate. (2.) A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election shall not be enforceable against a candidate at such election unless made hj the candidate himself or by his election agent, either by himself or by his sub-agent ; provided that the in- ability under this section to enforce such contract against the can- didate shall not relieve the candidate from the consequences of any corrupt or illegal practice having been committed by his agent. 28- (1.) Except as permitted by or in jmrsuance of this Act, no payment and no advance or deposit shall be made by a candidate at an election or by any agent on behalf of the candi- date or by any other person at any time, whether before, during, or after such election, in respect of any expenses incurred on account of or in respect of the condxict or management of such election, otherwise than by or through the election agent of the candidate, whether acting in person or by a sub-agent ; and all money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance, or deposit, shall be paid to the candidate or his election agent and not otherwise ; Provided that this section shall not be deemed to apply to a tender of security to or any payment by the returning officer or to any sum disbursed by any person out of his own money for any small expense legally incurred by himself, if such sum is not rejiaid to him. (2.) A person who makes any payment, advance, or deposit in contravention of this section, or pays in contravention of this section any money so provided as aforesaid, shall be guilty of an illegal practice. :35 29. (I.) Eveiy payment made by an election agent, wlietlier a.D. 188.*5. by himself or a sub-agent, iu respect of any expenses incairred on account of or in respect of the conduct or management of an Period for election, shall, except where less than 40s. be vouched for by a j^l."',"j!f^^'| bill stating the particulars and by a receipt. inakint^ pay- (2.) Every claim against a candidate at an election or his meuts W election agent in respect of any expenses incurred on account of election ex- or in respect of the conduct or management of such election pense.s. which is not sent in to the election agent within the time limited b}"^ this Act shall be barred and shall not be paid ; and, subject to such exception as may be aUowed in pursuance of this Act, an election agent who pays a claim in contravention of tliis enactment shall be guilty of an illegal practice. (3.) Except as by this Act permitted, the time limited by this Act for sending in claims shall be fourteen days after the day on which the candidates returned are declared elected. (4.) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or management of such election shall be paid within the time limited by this Act and not otherwise ; and, subject to such exception as may be allowed in pursuance of this Act, an election agent who makes a pa3'ment in contravention of this provision shall be guilty of an illegal practice. (5.) Except as by this Act permitted, the time limited by this Act for the pajmient of such expenses as aforesaid shall be twenty-eight days after the day on which the candidates returned are declared elected. (6.) Where the election court reports that it has been proved to such court by a candidate that any payment made by an election agent in contravention of this section was made without the sanction or connivance of such candidate, the election of such candidate shall not be void, nor vshall he be subject to any incapacity under this Act by reason only of such paj'mont having been made in contravention of this section. (7.) If the election agent in the case of any claim sent in to him within the time limited by this Act disputes it, or refuses or fails to pay it within the said })eriod of twenty-eight days, such claim chall be deemed to bo a disputed claim. (8.) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court ; and an}' sum paid by the candidate or his agent in pursuance of the judgment or order of such court shall be deemed to be paid within the time limited by this Act, and to be an exception from the provisions of this Act, requiring claims to be paid by the election agent. (9.) On cause shown to the satisfaction of the High Court, such court on application by the claimant or by tlie candidate or his election agent may by order give leave for the pa^'ment by a candidate or his election agent of a disputed claim, or of a claim for any such expenses as aforesaid, although sent in after the time in this section mentioned for sending in claims, or ^6 A.D. 1883. altliough the same was sent in to the candidate and not to the election agent. (10.) Any Slim specified in the order of leave may bo paid by the candidate or his election agent, and when paid in pursuance of s\ich leave shall be deemed to be paid within the time limited by this Act. Reference to taxation of claim ag-ainst oandidat^'H. 30. If any action is brought in any competent court to recover a disputed claim against a candidate at an election, or his election agent, in respect of any expenses incurred on account or in respect of the conduct or management of such election, and the defendant admits his liability, but disputes the amount of the claim, the said amount shall, unless the court, on the application of the plaintiff in the action, otherwise directs, be forthwith referred for taxation to the master, official referee, registrar, or other proper officer of the court, and the amount found due on such taxation shall be the amount to be recovered in such action in respect of such claim. Personal ex- penses of can didate and petty ex penses. 31. (1.) The candidate at an election may pay any personal expenses incurred by him on account of or in connection with or incidental to such election to an amount not exceeding one hundred pounds, but any further personal expenses so incurred by him shall be paid by his election agent. (2.) The candidate shall send to the election agent within the time limited by this Act for sending in claims a written statement of the amount of personal expenses paid as aforesaid by such candidate. (3.) Any person may, if so authorised in writing by the election agent of the candidate, pay any necessary expenses for stationery, postage, telegrams, and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent. (4.) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent within the time limited by this Act for the sending in of claims, and shall be vouched for by a bill containing the receipt of that person. Romuncra- tion of elec- tion agent and retuniin" officer's ex- penses. 38 & 39 Yict. c. 84. 32. (1.) So far as circumstances admit, this Act shall apply to a claim for his remuneration by an election agent and to the payment thereof in like manner as if he were any other creditor, and if any difFeience arises respecting the amount of such claim the claim shall be a disputed claim within the mean- ing of this Act, and be dealt with accordingly. (2.) The account of the charges claimed by the returning officer in the case of a candidate and transmitted in pursuance of section four of the Parliamentary Elections (Returning Officers) Act, 1875, shall be transmitted within the time specified 37 in the said section to the election agent of the candidate, and A.D. 1883, need not bo transmitted to the candidate. 33. (1.) Within thirty-five days after the day on which the Return and candidates returned at an election are declared elected, the tleclaration election agent of every candidate at that election shall transmit eieytiyj]" x- to the returning officer a true return (in this Act referred to as a penaes. return respecting election expenses), in the form set forth in the Second Schedule to this Act or to the like effect, containing, as respects that candidate, — (a.) A statement of all payments made by the election agent, together with all the bills and receipts (which bills and receipts are in this Act included in the expression " return respecting election expenses " ) ; (J.) A statement of the amount of personal expenses, if any, paid by the candidate ; (c.) A statement of the sums paid to the returning officer for his charges, or, if the amount is in dispute, of the sum claimed and the amount disputed ; (rinting, the expenses of advertising, and the expenses of publisiiing, issuing, and distributing ad- dresses and notices. (4.) The expenses of stationery, messages, postage, and telegrams. (5.) The expenses of holding public meetings. (6.) In a borough the expenses of one committee room, and if the number of electors in tlie borough exceeds five hundred, then of a number of committee rooms not exceeding the number of one committee room for every complete five hundred electors in the borough, and if there is a number of electors over and above any comjilete five hundred or complete five hundreds of electors, then of oi^e committee room for such number, although not amounting to a complete five hundred. (7.) In a county the expenses of a central committee room, and in addition of a number of committee rooms not exceeding in number one committee room for each polling district in the county, and where the number of electors in a polling district exceeds five liundred one additional committee room may be hired for every complete five hundred electors in such polling district over and above the first five hundred. PART III. Maximum for Miscellaneous Matters. Expenses iu respect of miscellaneous matters other than those mentioned in Part I. and Part II. of this schedule not exceeding in the whole the maximum amount of two hundred pounds, so nevertheless that such expenses are not incurred in respect of any matter or in any manner constituting an oft'ence under this or any other Act, or in respect of any matter or thing, payment for which is expressly prohibited by this or any Other Act. 66 A.D. 1883. PART IV. Maximum Scale. (1.) In a borougli the expenses mentioned aLore in Parts L, II., and III. of this schedule, other than personal expenses and sums paid to the returning officer for his charges, shall not exceed in the whole the maximum amount in the scale following : If the number of electors on the register — The maximum amount shall be — Does not exceed 2,000 - £350. Exceeds 2,000 - - £380, and an additional £30 for every complete 1,000 electors above 2,000. Provided that in Ireland if the number of electors on the register — The maximum amount shall be — Does not exceed 500 - £200. Exceeds 500, but does not exceed 1,000 - £250. Exceeds 1,000, but does not exceed 1,500 - £275. (2.) In a county the expenses mentioned above in Parts I. , II., and III. of this schedule, other than personal expenses and sums paid to the returning officer for his charges, shall not exceed in the whole the maximum amount in the scale following : If the number of electoi-s on the register — The maximum amount shall be — Does not exceed 2,000 - £650 in England and Scot- land, and £500 in Ireland. Exceeds 2,000 - - £710 in England and Scot- land, and £540 in Ireland ; and an additional £60 in England and Scotland, and £40 in Ireland, for every complete 1,000 electors above 2,000. PART V. Ge7ieral. (1.) In the case of the boroughs of East Petford, Shorehara, Cricklade, Much Wenlock, and Aylesbury, the provisions of Parts II., III., and IV. of this schedule shall apj^ly as if such borough were a county. (2.) For the purposes of this schedule the number of electors shall be taken according to the enumeration of the electors in the register of electors. (3.) Where there are two or more joint candidates at an elec- tion the maximum amoiint of expenses mentioned in Parts III. 67 and IV. of tins scliedule sliall, for each of suoli joint candidates, A.D. 1883. be reduced by one-fourth, or if there are more than two joint candidates b}^ one-third. (4.) Where the same election agent is appointed by or on behalf of two or more candidates at an election, or where two or more candidates, by themselves or any agent or agents, hire or use the same committee rooms for such election, or employ or use the services of the same sub-agents, clerks, messengers, or polHng agents at such election, or publish a joint address or joint circular or notice at such election, those candidates shall be deemed for the purposes of this enactment to be joint candidates at such election. Provided that — (a.) The employment and use of the same committee room, sub-agent, clerk, messenger, or polling agent, if acci- dental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates. (b.) Nothing in this enactment shall prevent candidates from ceasing to be joint candidates, (c.) "Where any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candi- date, or to his having become a joint candidate after having begun to conduct his election as a separate candidate, and such ceasing or beginning was in good faith, and such excess is not more than under the cir- cumstances is reasonable, and the total expenses of such candidate do not exceed the maximum amount allowed for a separate candidate, such excess shall be deemed to have arisen from a reasonable cause within the meaning of the enactments respecting the allow- ance by the High Court or election court of an excep- tion from the provisions of this Act which would otherwise make an act an illegal practice, and the candidate and his election agent may be relieved ac- cordingly from the consequences of having incurred such excess of expenses. K 2 QS A.D. 1883 SECOND SCHEDULE. PART I. Form of Declarations a8 to Expenses. Form for Candidate. I , having been a candidate at the election for the county [or borough] of on the day of , do hereby solemnly and sincerely declare that I have examined the return of election expenses [about to be] transmitted by my election agent [or if the ca^ididate is his own election agent, "by me"] to the returning officer at the said election, a copy of which is now shown to me and marked , and to the best of my knowledge and belief that return is correct : And I further solemnly and sincerely declare that, except as appears from that return, I have not, and to the best of my knowledge and belief no person, nor any club, society, or asso- ciation, has, on my behalf, made any payment, or given, pro- mised, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election ; And I further solemnly' and sincerel}' declare that I have paid to my election agent [(/' the candidate is also his own election agent, leave out " to my election agent "] the sum of pounds and no more for the purpose of the said election, and that, except as specified in the said return, no money, security, or equivalent for money has to my knowledge or belief been paid, advanced, given, or deposited by anyone to or in the hands of my election agent [^or if the candidate is his own election agent, "myself"] or any other person for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or management of the said election ; And I further solemnly and sincerely declare that I will not, except so far as I may be permitted by law, at any future time make or be party to the making or giving of, any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be party to the providing of any money, security, or equivalent for money for the purpose of defraying any such expenses. Signature of declarant C.J). Signed and declared by the above-named declarant on the day of , before me. (Signed) U.F. Justice of the Peace for (-.0 Farm for Flection Atjcni. A.i). ISS.J I, , being olection agent to , candidate at the election for the county [or borough] of on the day of , do hereby sokmmly and sincerely declare that I have examined the return of election expenses about to be transmitted by me to the returning officer at the said election, and now shown to me and marked , and to the best of my knowledge and belief that return is correct ; And I hereby further soleiimly and sincerely declare that, except as ajtpears from that return, I have not, and to the best of my knowledge and belief, no otlier person, nor any club, society, or association has on behalf of the said candidate made any payment, or given, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election ; And I further solemnly and sincerely declare that I have received from the said candidate pounds and no more \or nothing] for the purpose of the said election, and that, except as specitied in the said return sent by me, no money, security, or equivalent for money has been paid, advanced, given, or deposited by any one to me or in my hands or to the best of my knowledge and. belief, to or in the hands of any other person for the purpose of defraying any expenses incurred on behalf of the said candidate on account of, or in respect of the conduct or management of the said election. Signature of declarant A.B. Signed and declared by the above-named declarant on the day of before me. (Signed) E.F. Justice of the peace for Form of Eetuhn of Election Expenses. I, A.B., being election agent to CD., candidate at the elec- tion for the county [or borough] of on the day of , make the following return respecting election expenses of the said candidate at the said election [or where the candidate has named himself as election agent, '' I, C.J)., " candidate at the election for the county [or borough] of *' on the day of , acting ■" as my own election agent, make the following return respect- ■" ing my election expenses at the said election"]. Receipts, Keceived of [the above-na^ned candidate^ [or ivhere th-e | ,^ candidate is his own election aycid., "Paid by me"] j lieceivcd of J.K. ..,....£ 70 A .D. 1883. [Here set out the name and description oj every person^ club, society, or association, whether the candidate or not, from whom any money, securities, or equivalent of money was received in respect of expenses incurred on account of or in connexio7i with or incidental to the above electioi, afid the amount received from each person, club, society, or association separately. ] Expenditure. Paid to E.F., the returning officer for the said \ county \or borough] for his charges at the said > £ election . . . . . . . . / Personal expenses of the said CD., paid by himself \ [or if the candidate is his own election agent, " Paid | £ by me as candidate"] . . . . . ) Do. do. paid by me \ I or if the candidate is his own election agent, add > £ " acting as election agent "] . . . .; Received by me for my services as election agent \ at the said election [or if tl e candidate is his own > £ election agent, leave out this itern^ . . . . ) Paid to G.H. as sub-agent of the polling district of £ [The tuone and description of each sub-agent and the sum paid to him must be set ovt separately. ~\ Paid to as polling agent . . . £ Paid to as clerk for days services . £ Paid to as messenger for days services . £ [The names and descriptions of every polling agetit, clerk, and mes'ienger, and the sum p)(tid to each, must be set out separately cither in the account or in a separate list an7iexed to and referred to in the account, thus, "Paid to polling agent (or as the case may be) as per annexed list £ ."] Paid to the following persons in respect of good^ supplied or work and labour done : To P. Q. (printing) £ To J/.iV. (advertising) £ To E.S. (stationery) £ [The name and description of each person, and the nature of the goods supplied, or the work and labour done by each, must be set out separately either in the ,. account or in a separate list annexed to and referred to in the account. ~\ Paid for postage ..."...£ Paid for telegrams ......£ Paid for the hire of rooms as follows : — For holding public meetings , . . . £ For committee rooms . . . . . £ [A room hired for a public meeting or for a com- 71 tnifiee room must he named or described so as to identify A.D. 1883. it ; and the name and description of every person to whom any payment was >rade for eaeh such room, to- gether toith the amount paid, must he set out separately either in the accour.t or in a separate list annexed to and referred to in the account.'\ Paid for laiscellaueuus matters, namely — . . £ \_The name and description of each person to ichom ttny sum is paid, and the reason for which it ivas paid io him, must he set out separately either in the account >er in a separate list annexed to and referred to in the iaccount.^ In addition to the above, I am aware, as election agent for CD., [or if the candidate is his own election ^gent, leave out " as election agent for C.Z?."] of the following disputed and unpaid claims ; namely, — Disputed claims. By T.U. for £ \^Sere set out the name 'and description of each person whose claim is disputed, the amount of the claim, and the yoods, work, or other matter en the ground of ichich the •olaim is hased.^ Unpaid claims allowed by the High Court to be paid after the proper time or in respect of which application has been or is about to be made to the High Court. ByJ/.O. for £ \Sere st&te the name and description of each person to whom any such claim is due, and the amount of the claitn, and the goods^ work, and labour 'brother matter on «,ocovM of which the claim is due.~\ (Signed) A.B. PART II, FoKM OF Declaration as to Expenses, Form for candidate ivhere declared a candidate or nominated in his absence and taking no part in the election. I, , having been nominated [or having been declared by others J in nay absence [to be] a candidate at the election for the county or borough of held on the day of , do hereby solemnly and sincerely declare that I have taken no part whatever in the said election. And I further solenanly and sincerely declare that [_or with the exception of ] I have not, and no person, club, society, or association at my expense has, made any payment or given, promised, or offered, any reward, office, employment, or 72 A.D. 1883. valuaLle consideration, or incurred any liability on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that [_or with the exception of ] I have not paid any money or given any security or equivalent for money to the person acting as my election agent at the said election, or to any other person, club, society, or association on account of or in respect of the conduct or management of the said election, and that [_or with the exception of ] I am entirely ignorant of any money security or equivalent for money having been paid, advanced, given, or deposited by any one for the purpose of defraying any expenses incurred on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I will not, except so far as I may be i:)ermitted by law, at any future time make or be party to the making or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be party to the providing of any money, seciu-ity, or equivalent of money for the purpose of defraying any such expenses. Signature of declarant CD. Signed and declared by the above-named declarant on the day of , before me, (Signed) E.F. Justice of the Peace for THIRD SCHEDULE. A.D. 1883. CoRHurT Practices Prevention Acts. Session and Chapter, Title of Act. Enactments referred to as being the Con-upt Practices Preveutiuii Acts. 17 & 18 Vict. c. 102 2G & 27 Vict. c. 29 31 8 exclusion from on conviction for corrupt practices 26 person guilty of coiTiipt practice cannot vote for 27 PUBLIC PROSECUTOR to be represented at trial of every Election Petition 47 power to call witnesses at 47 to prosecute all persons guilty of corrupt or illegal practice . . 47 to report to Lord Chancellor, Justices of Peace guilty of corrupt practice 42 to report professional persons guilty of corrupt practices 42 representative of, at trial of Petitions 48 notice of appeal to be given to, by person convicted of corrupt practice 41 to have copy of affidavits supplied him on application to with- draw Petition 46 may be heard by himself or deputy to oppose withdrawal of Petition 46 to make independent enquiry 49 to act under direction of Attorney -General 54 costs of, how to be paid 48, 54 not to be required to give security for costs 52 QUARTER SESSIONS, appeal to 53 RAILWAY fares for Electors, payment of prohibited 26 RATES, corrupt payment of 76 RECEIPT, aU payments must be vouched by 35 REFERENCE of disputed claim may be made by Court 36 REGISTRATION OFFICER, definition of 57 to make out list of persons incapacitated from voting 43 REGISTRATION FEE, corrupt payment of 75 REGISTRATION OF VOTERS, incapability, when guilty of corrupt practices 27 REPORT of Election Court 27 of Commissioners to be submitted to Attorney -General 55 exonerating Candidate in certain cases 31 REPRESENTATIVE of Public Prosecutor, aijpointment of 48 remuneration of 48 RESTRAINT, to prevent persons voting 24 RETURN OF ELECTION EXPENSES, when failure to make, excused 38 may be inspected 40 to be returned, or destroyed after two years 40 form of 69 RETURNING OFFICER to give notice of name of eveiy Election Agent 33 to publish summary of election expenses 40 expenses, statement of 36, 37 REVISING BARRISTER to deal with list of persons guilty of corrupt practices 44 only to determine whether person convicted or reported 44 RULES OF COURT may be made or altered 54 PAGE SCHOOL, Public Elementary, Committee Room at, prohibited 31 SCOTLAND, application to 59 SERVICE OF NOTICES 56 SOLICITORS to parties applying^ to withdraw Petition must make affidavits 45 privilegre of 55 of ten years' standing may represent Public Prosecutor 48 reported guilty of corrupt practice 42, 43 SUB-ELECTION AGENT, appointment of 33 one to each polling place 64 to have an office 33 SUMMARY OF ELECTION EXPENSES to be published by Re- turning Officer 40 SUMMARY JURISDICTION ACT, application of 53 SUMMONS, Court may issue, for attendance of accused person 48 SPIRITUAL INJUTIY, threat of 24 TEMPORAL INJURY, threat of 24 THREAT to inflict injury, to prevent person voting 24 TIME, limitation of, for prosecution 51 when time begins to run 52 for declaration of expenses by Candidate if absent from the country 38 for payment of election accounts 35 for petitioning against return 44, 45 for return of expenses by Election Agent 37 for declaration of election expenses by Candidate 37 TORCHES, payment for, iUegal 30 TREATING, what is 24 who are liable for 24 Elector accepting 24 TRIAL OF ELECTION PETITION to be proceeded with continuously 4 6 UNDUE INFLUENCE, definition of 24 punishment for 25 VIOLENCE used in order to influence vote 24 VOTERS cannot be registered when proved guilty of illegal practice. . 27 guilty of corrupt practice may not vote 40 VOTING by person prohibited, an illegal practice 27 WARRANT, Court may issue, for apprehension of accused person . . 48 WITHDRAWAL OF CANDIDATE, false statement of 27 corruptly procuring 29 WITHDRAWAL OF ELECTION PETITION, Public Prosecutor may oppose 46 the Court to report to the Speakar 46 by leave of Court 45 agreement for, illegal 46 WIFE may be a witness for or against her husband 52 WITNESS, when entitled to certificate of indemnity 54 privileges of 54 Husbands and Wives may give evidence for or against each other itfree, 4,