THE Ag ANDIDATES* AND FOURTH EDITION H GENTS' GUIDE IN ■Contested . . LECTIONS. . . m i H. C. RICHARDS, K.c, m.p. •Br^ESf' ^St"©!! wr'S^^Sr'xa 'Gr JORDAN & SONS, LIMITED 120 CHAKGERY LANE. ^mBs> » » ■ ■ • "iM \ *-^ . I i> JORDAN & SONS, LIMITED, beg to intimate that all Books printed and published by them are intended to be sold at the Full Net Price, and that the Discount allowed to the Book- selling Trade does not permit of any deduction being made to the public. I »>Si,i ( ^— ^ . I Z> THE CANDIDATES' AND AGENTS' GUIDE CONTESTED ELECTIONS H. C. iRlCHARDS, K.C., M.P. 'CES. 23 where a house is taken prior to an approaching election, the candidate should return the cost of his living thei-e as part and parcel of his pei-sonal expenses, and. of coui'se, the travelling and hotel expenses of and in relation to such election. It is always well to be on the safe side, and therefore a candidate should keep an account of such travelling and hotel expenses as he may incur, and so far as possible be able to show what money has been expended by him from the time that he became an accepted candidate. This, of course, does not refei- to his charities, nor to his subscriptions to party organisa- tion ; but he should keep accounts of all such moneys expended by him, so that in the event of a petition he may be able to satisfy the Election Judges as to the nature of these payments, and that they have not been incurred in relation to any specific election work. When the time comes for the active work of an election the candidate should, after he has selected his agent, discuss what the various items of expenditure are, place the maximum amount he is allowed to spend in some local bank, and see that all payments from that time are made by cheque and through his election agent. -4 THE CAXDlHATE.s" AND AGENTS' GUIDE. CHAPTER TIL Choice of Election Agent. I CANNOT advise tlie appointment of an Election Agent too long befoi^ehand, though no doubt the candidate should as soon as possible look about in the constituency for a local man whom he can ti-ust to undertake those duties. First and foremost, there is no doul^t that the paid agent of the party, if he can be relied upon for disci-etion, and is able to devote the whole of his time to election work, should have the opportu^nity of accepting the post, because a man who is in touch with the local workers, and has the details of the organisation at his fingers' ends, can naturally work with greater efficiency and with more general local experience tlian a stranger, however talented he may be. But the candidate must be guided by other considerations tlian those of general experience or the popularity of a particular person or party agent. He must consider whether the paid agent possesses the legal knowledge, tact, and skill to undertake the work, and wliethei' he can rely upon lilni not to infringe, throiigh ignorance or inadvertence, any of the provisions of the Cox^rupt Practices Acts. Moi*e- over, he should ascertain whether the agent's conduct in CHOICE OF PJLECTION AGENT. 25 the work of orgauisation has been such that by appointing him election agent he would not adopt or be held responsible for any past acts of the agent which might be held to be " coiTupt or illegal practices." As the Judges pointed out at Hexham, mere ignorance, or accepting without inquiry, will not screen the candidate from the acts of his agent or agents. The candidate must, so far as he possibly can, see that all payments made have been bo)id fide, and, so far as he can judge on inquiry, that nothing" irregular or illegal has been undertaken. In the Chapter on " Political Clubs and the Primrose League " (see page 63, jjost) the question of subscriptions to party societies will be dealt with. Such subscriptions need not come under the head of " Election Expenses," but a record should be kept of all the money paid among the constituency for party work, although since the Plymouth petition of 1880 charitable subscriptions have seldom been called into account. There is no doubt that both in town and country a personal canvass on the part of the candidate is of gi-eat importance. But such canvass to be effectual must be systematic, and the candidate can make no greater mistake than to call upon a few persons over and over again. In going into the constituency from time to time his object should always be to make the personal acquaintance of constituents whose acquaintance he had not previously made. So far as possible the candidate should always be accompanied by one or more fi-iends with local knowledge, 26 THE candidates' and agents' guide. to protect liim from traps and pitfalls wliicli may be laid b}' local opponents, and to assist him with advice and experience when a local question has to be faced or a difficult constituent to be argued with, and, in view of what has happened in election petitions, to be able to disprove any personal charges that have been and may be made against the candidate in the course of his canvass. In a country constituency, when a candidate goes into a village he should endeavour, before the evening meeting, to be introduced, not only to the clergyman and the squire, but to the farmers, small shopkeepers, and the known supporters of the cause, however hurable they may be. At the meeting a few cheery words as the voters enter the room, or as they leave it, without actually asking them for their votes, is of great use ; and very often a candidate will find that it is better to be without a chaii-man, and to addi'ess the meeting in a simple conversational manner, than to i-isk putting in the chair some local man who ma}' not be popular with the labourers. It cannot be too strongly impressed upon a candidate, whether for a borough or a division of a county, to try to master local considerations, and to discuss, especially in the country, in the simplest language, the political questions of the hour and the local questions of the county or district. CHOICE OF ELECTION AGENT. 27 Appointment of Election Agent in Absence of Candidate. A question has been submitted to me as to the manner in -which an agent coukl or should be appointed for a candidate who might happen, at the time of election, to be out of England, and whose supporters have secured his nomination. By Section 63 of The Corrupt and Illegal Practices Prevention Act, 1883, a candidate is defined to be " any person who is nominated as a candidate at such election, or is declared by himself or by others to be a candidate." As to the appointment of the agent, it is provided by Section 24 that " on or before the day of nomination at an election a person shall be named by 07- on behalf of each candidate as his agent for such election " ; and by Sub-section 3 of that Section " the name and address of the election agent of each candidate shall be declared in writing by the candidate or some other person on his behalf to the returning officer." This has recently been exemplified in the Isle of Wight election (May, 1900). Thus some other person may be either the nominator, seconder, or one of the assentors. Provision is also made that where the candidate is abroad at the time of the election he must make his return within fourteen days after his arrival in the United Kingdom. This provision, however, only applies to Parliamentary candidates. A Municipal candidate, if absent from the United Kingdom, must apply for relief to the Divisional Court of the Queen's Bench. 28 THE candidates' AND AGENTS' GUIDE. CHAPTER IV. The Election Agent. Upon the selection of the agent who is to be entrusted with the work of the election it is impossible to exercise too much care, for in several cases Members of Parliament have been unseated merely through the act or omission of the election agent. The point which naturally arises is wdiether the paid political agent of a constituency is the best person to conduct the election, or whether there should be two individuals — one to work the local organisation, and the other, who should be a member of the legal profession, for the purposes of the election itself. The political agents who assembled at Newcastle naturally considered, and most candidates would agree with them, that tlic person who has worked the organisation during the period between elections is the one most cognisant with the wants of each locality, and the one who can enlist with the greatest readiness the personal efforts of the voluntary workers in each ward or village ; and the determination of the National Society of Conservative Agents to establish examinations before giving their certificates to new^ members would certainly show that they recognise as fully as the legal profession the absolute necessity of the acquirement of THE ELECTION AGENT. 29 a full and complete grasp of the various clauses of the Corrupt Practices Acts, and of the decisions of the Election Judges in cases which have arisen out of the General Elections of 1886, 1892, and 1895. The requLrements of a candidate in regard to his election agent cannot be better set out than in the words of Lord Field in his decision at Barrow-in-Furness : — If I understand the Act riglitly, the object of the Act is that a person should be election agent who shall be effectively responsible for ail the acts done in procuring the election. No contract is to be made by anybody but him, because he is a known and responsible man, who can be dealt with afterwards, and who can be looked to for an explanation. The object of the Act was that the responsible man, responsible to the candidate and to the public, should be there to do all that was necessary. The decisions at Walsall, Hexham, Rochester, and Sunderland have absolutely established the necessity of the agent possessing legal knowledge and personal responsibility, and the wisdom of discriminating between acts which do not compromise individuals, but which compromise the candidate when performed by his agent or by the association of which he is the representative candidate. It is not necessary to appoint the election agent until a definite idea of the near approach of an election can be obtained. In view of the recommendations of the Election Judges that political associations should be sus- pended diu-ing the actual candidature, it is advisable to consider whether the local association should not be dissolved or temporarily suspended. My opinion is that the former course should be followed until after the election. so THE candidates' AND AdENTs' GUIDE. It is quite clear tliat if the permanent responsible paid agent of the party is not employed for election purposes the candidate is free to a great extent from personal responsibility for his acts between the period of the two elections. On the other hand, having due regard to the decisions of what are and what are not election expenses, and the differing views of the Judges as to the period of time when a candidature commences, it is difficult to saj- what would be the position of an agent who came upon the scene onh' when the vacancy was announced or the writ issued, and who would have had no control over the expenditure of the association or expenses of the meetings which had been held to promote the return of the Candidate. On this, however, it may be said that, whilst the Judges have given i^elief with regard to the omission of certain amounts within the return of election expenses which do not exceed the maximum allowed by Act f)f Parliament, they unseated the Member at Hexham on account of illegal payments made by his agent ; and the same thing happened at Rochester, where one of the Judges expressed the opinion that expenses of meetings held nearly two months before the election should have been included in the election expenses. On the whole, therefore, it is clear that a candidate must considei', first, whether the paid political agent of the party is a man whose absolute reliability can be accepted for previous acts ; and, secondly, whether in the appointment of a new legal election agent, the person so appointed would be able to work harmoniously witli THE liLKCTlON AGExNT. 31 those who had hitherto been conducting the political work of the organisation in the district. It is, of course, a matter which each candidate must view from a local and personal standpoint, and the advantage of securing the activ'e co-operation of the existing organisation must be balanced against the danger of past acts of the association or of the workers. In counties it would be always possible to retain the work of the paid political agents, because the Act of 1883 permits the appointment of sub-agents in each polling district, and there is no limit to the remuneration so long as the ruaximum is not exceeded. In boroughs the matter might be a little more difficult, but the retention of the chief secretary or agent could be always effected by employing him as (me of the clerks allowed to each polling district, and, of course, in a county he could be retained at the (■antral committee room, for which a separate staff is allowed by the Statute : e.g. in the county a central committee room with one clerk and one messenger, and if the number of the electors exceeds 5000 (which in nearly every case it does) one clerk and one messenger for every complete additional 5000 electors in the county. The agent must remember that before any application for relief can be entertained by the Judges he must show that the mistake or offence against the Act was inadvertent or tz'ivial and bond fide, and that the point had not hitherto been judicially decided. It is therefore absolutely clear that every agent should carefully study the decisions under The Corrupt and Illegal Practices Prevention Act, 1883, 32 THE candidates' and agents' guide. which include those given in 1886 and those at Walsall, Hexham, Rochester, Stepney, and Southampton, to which reference is made in another chapter. Instructions to Agents. Another danger to be faced — which anyone who has had personal experience of an electoral campaign will realise — is that some of those who are entrusted with the work of the election agent or canvasser may be ignorant of the requu'ements of the law and what constitute offences under the Corrupt and Illegal Practices Prevention Acts. To guard against this, the candidate should be careful to place in the hands of every person so employed a short summary of the law and of offences under those Act, with instructions to compl}' with legal requirements, and to see that in all committee rooms, as well as in all canvass books, the instructions are printed and placed before the Avorkers. To use the words of Mr. Justice Vaughan Williams at Rochester : — It was the intention of the Act of Parliament to draw the strings of the law as tightly round corrupt and illegal practices at elections as they could be ; but, at the same time, the law intended Judges to relieve candidates from corrupt and illegal practices where they satisfied the Court that they had done everything on their part to render the election pure and free. The lessons to be gathered from election petitions were, that those who stand for Parliament must feel the full responsibility of personally taking care that those whom they allowed to act as their agents were not guilty of corrupt and illegal practices, and, if they failed to do that, that no relief could be given from the consequences of the acts of others, which by Section 22 of the Act [of 1883] the Judges were otherwise entitled to do. GENERAL AGENCY. 38 CHAPTER V. General Agency. In addition to the perils which a candidate r-uns throiigli the acts of his appointed agent or of the paid political agent of the association or party to which he l^elongs, hi; has to consider very carefully what sort of men are placed upon his committee, or what men are to be found at work on the committee of the association whicli has adopted him. One has only to look at the decision of the Judges at Montgomery, and the report made with regard to the action of two prominent political workers at Rochester, to see how far the doctrine of general agency can be extended. With x'egard to the difference of opinion between the .Judges in the Montgomery Boroughs, the only reason why Karon Pollock dissented from the view of Mr. Justice Wills that the Vice-President of the Conservative Associa- tion was not the agent of the sitting Member, who was then the candidate, was owing simply to the fact that the peculiar habits and position of the alleged agent during the time of the contest (when it appears he was in a general state of drunkeuness) point to this fact, that any worker holding such a position would be held to be the agent of the candidate unless the association itself had been dissolved during the active pai't of the candidatui-e. 3 34 THE candidates' and agents' guide. With regard to the decision at Rochester in 1892, it shouki he remembered that the two gentlemen who were returned as guilty of corrupt treating, and who were con- demned to pay the costs of the Public Prosecutor as far as the expenses of their acts were concerned (although they obtained certificates of indemnity), were two active membei-s of the Constitutional Association, who attended a Liberal meeting and treated the voters returning from that gathering. At Lichfield it was two members of the Liberal organisation who treated at public-house bars during the contest. It has well been pointed out by Mr. Justice Vaughan AVilliams that, given the treating, the onus to show that it was not corru])t and not for the purposes of influencing the vote of an individual voter is probabh' on the person who pavs for the food or drink ; although Mr. Justice Wills, at Montgomery, said that the mere fact of glasses round at a political club or gathering would not in itself prove corrupt treating by agents on behalf of a candidate. But the unfortunate position of two of the three unseated membei'S under the petitions arising out of the Genei-al Election of 1892 clearly shows the absolute necessity foi- the most scrupulous care in the choice of a committee foi- an election, or of canvassers at woi'k with or for the candidate. In the Election Manual published l>y tlie Central Conservative Association it has been well laid down that the term " Agent " may under certain circumstances include members of an election committee or voluntary canvassers. It was pointed out at Hexham that the mere non-appoint- ment of the registration agents as sub-agents during the GENEKAL AGENCY. 35 contest itself would not absolve the member from their acts on the ground that they were not accredited agents of liimself, so long as thej had been working as agents of the party. Mr. S. H. Day, who has had much election petition experience, writes the following pregnant sentence in his edition of Rogers on Elections : — " It has never yet been distinctly and precisely defined what degree of evidence is required to establish such a relation between the sitting Member and the person guilty of corruption as to constitute agency." Mr. Justice Vaughan AVilliams has also pointed out that, with regard to members of the Primrose League, although they might not be held to be agents of the candidate, they woald, if found guilty of corrupt treating, be reported in the ordinary way, although that might not invalidate the member's return. Mere canvassing on liehalf of a candidate does not establish agency, for at Salisbury Baron Pollock held that canvassing wdth a book in company with the Respondent and conveying voters to the poll Avei'o not in themselves evidence of agency ; and Mr. Justice Grove himself decided that there might be cases in which canvassing would not necessarily involve agency. But, generally, canvassing has been held to be strong evidence of agency, and avouIiI require a very strong case to rebut it. Lord Blackburn has gone further, and adds in one of his judgments under the old law : — I think all one can do is this — that is to say, whenever a person is in any way allowed by a candidate, or has the candidate's sanction, to try and carry on his election and to act for him, there is some evidence to show that he is his agent. 36 THE CAXDIDATES' AND AGENTS' GUIDE. In the Chester case, under the old law, the acts of some of tlie Liberal Four Hundred were also held to be acts of agency on behalf of the candidates who were accepted and I'etiu'ned by them. It is therefore more than ever necessary that at the approach of the election the candidate should secure the dissolution or suspension of the political association and of the local habitations of the Primrose League, and if he apjwints a committee he should be most careful to select only those whose strict compliance with the letter of the law he may rely on. Everything points to the desirability that there should he no committee. It is imperative!}' necessaiw in a county election, where the agent has to appoint sub- agents for every polling district, that he should carefully select his men and give them definite instructions as to forbidden payments and acts. Outside Organisations. Whei'C licensed victuallers, or any body of traders, fighting for their trade interests, think fit to support a certain candidate, the expenses Avliich they have incurred in promoting (through their own organisations) the claims of a particular person have been held not to come within the necessary election expenses of that candidate, although it was laid down at Walsall that, for the purposes of corrupt ti'eating, the members of an association which 1i;h1 backed the candidature of certain persons might beheld to be the agents of those persons. This was especially the case with resrard to the Licensed Victuallers' Associations GKXERAL AGKNCY. 87 at Walsall and Stepuey, where the question of expenses was discussed, aiid the Judges held that, as the trade of the licensed victuallers -was specifically attacked, they were justified in taking such means as they thought fit to discuss the claims and further the candidature of some particular person, and that expenses incurred by them as a trade were not election expenses which had to be returned by the member or candidate. Establishing Agency. In the St. George's-in-the-East Election Petition a most important decision was given on the amount of evidence necessary to establish agency in cases where a candidate, by attending meetings of a Political Association, made the officers of the association his agents. The judicial decision, as given below, speaks for itself : — In determining the question how far a candidate, by attending the meetings of a political association, makes it or its officers his agents, it is necessary first to enquire what is the object and character of the association. If, for instance, its object be simply to secure the election to Parliament of a particular indi\ndual, it would be difficult, if not impossible, for a candidate to take part in its operations without becoming responsible for its acts during the election. Again, if the object of an association be to procure the election of some candidate professing the political views of one of the two great parties which are supposed to divide the opinions entertained by the whole electorate of the country, the candidate, if during an election he attended its meetings, and availed himself of the assistance of the association, would probably be held so to sanction the association acting on his behalf as to constitute the officers of the association his agents. .'w;j,'$27 88 THK candidates' and agents' guide. CHAPTER VI, Sub-Agency. Suii-A(iENTS can only be legally appointed in county districts, where one is allowed for each polling station, and, although the appointment is in the hands of the agent, in cases where a candidate has knowledsre of the locality and resides in the neighboui'hood he can often point out and suggest men whom he may think suitable for the purpose. A sub-agent need not be a solicitor. There are very often men with knowledge of the district who will be able to get hold of the working men more effectively than the local solicitor, however learned he may be. Preference should always be given to a sub-agent who can arrange and address village meetings, or who is able to find local workers who will be I'eady and competent to address such meetings, as at a general election nothing is more difficult than to secure competent speakers from London or from large centres of population. No sub-agent should be appointed unless he can be relied upon to carry out instructions and not go beyond them, and he should be furnished with some simple manual of his duties. In any difficulty that may arise he should take the advice and act accordiii'' to the decision of the SUB-AGENCY. 39 principal Election Agent. To prevent the maximum of expenses being exceeded, he should be informed what is the limit he can be allowed for his particular district for printing, postages, holding meetings, clerical assistance, &c. Every order for goods, or payment for them, should be in writing, as by Section 29 of The Corrupt and Illegal Practices Prevention Act, 1883, a voucher giving particulars and a receipt are required for every payment over forty shillings. A sub-agent should be specially encouraged to go out into the villages and work them as far as possible, not during the day, but in the evening, by spending one or more evenings in each, and arranging so that dui'ing the campaign the candidate can attend three or four meetings within a close range of each other in one evening. At bye-elections the sub-agent should be instructed to utilise the numerous offers of help which he will receive fi'om the Primrose League, the United Club, and the Central Conservative Association. No matter how small the village, meetings should always be held in order to rebut the speeches made and statements circulated by the other side. Very often the speaker who comes from London will be ready to spend half a day in the village talking with the men themselves, either in the village inn or on the village green, on the subjects which are uppermost in their minds. Too often these offers of help are refused on the grounds that meetings cannot be arranged ; but sub-agents should be urged to hold village meetings of however humble 40 THE candidates' AND AGENTs' GTIPE. a character, and not to refuse offers of help simply because the candidate is not able to come. The sub-agent ought to furnish the aeent at the coixnty head-quarters with a daily report of the work which is being done, aud on no consideration should he leave his district during the campaign. It is necessary that one clear day before the polling the name and address of every sub-agent should be returned by the Election Agent to the returning officer. What is a Sub= Agent? With the exception of the expres.sion of the Judges' opinion at Sunderland on the definition of "Agent for the purpose of publication " under The Corrupt and Illegal Practices Pi-evention Act, 1895, the only decision to be found on the definition of " Sub-Agent " is that given in the judgment of Lord Kyllachy in the Elgin and Nairn case. Agents who read Lord Kyllachy 's definition will realise more fully the desirability of and necessity for a special retaioier and definite instructions being given to each sub-agent employed. The following are the material portions of the judgment : — 1 do not think there is any definition of the duties of a snb-agent, but it sufficiently appears that he is a person through whom payments may be made at the request of the principal agent. In all other respects his agency seems to be perfectly general. Then a ])olling agent is defined by a reference to the Ballot Act and to a previous Act of 1843, which is a general enactment applicable to the whole of the United Kingdom. I do not read the section ; it was referred to by counsel ; and it sufficiently indicates that a jjolling agent is a person who is to represent the candidate in the polling booth to detect personation. SUB-AGENCY. 41 The ouly political disability -which the Statute applies to any person who is paid for his services is that his right to vote is suspended for that election ; but, as I read the Election Acts, the employe is in no way inhibited from using his personal exertions as an elector to influence the votes of other electors ; nor, so far as I see, is there any restriction on the right of a paid agent or officer to render services to the candidate such as he may think fitting, except that he cannot be employed in the payment of election expenses unless he is the sub-agent. But it is right to say, as the point has been raised, that in my opinion the duty of an election agent in regard to payments is that he shall satisfy himself that the account has been justly incurred and fairly charged, and also that the payment must come from himself. But if he performs those duties, I think he may send a messenger, or may ask a friend, who is willing to undertake the duty of a messenger, to carry the money and get the receipt. It is like the case of paying by a cheque, where, of course, the bank pay the money on the authority of an agent, and I should regret it if the statutory provisions of this Act were capable of being worked in a way which would invalidate an election, when there was nothing done of the description which Parliament truly intended to prohibit. •i2 THE candidates' AND AGENTs' GUIDE. CHAPTER VII. The Contest. " When does the contest begin ? '" This is as difficult a question to answer as " When does a candidature com- mence?" The only words of guidance formerly to be found were those in the Rochester and Stepney decisions, and even there the Judges laid down no definite rule, except that all expenses should be included in the retui-n of election expenses incurred before " the issue of the writ or declaration of the vacancy," but after the active campaign liad begun. These decisions have, however, been superseded by those given in the Petitions ai'ising out of the General Election of 189.5, and the directions are now considerably more explicit. It is clear, of course, that when a candidate issues his election address and commences a round of meetings to press on his candidature, the law will presume the contest has commenced, and that the expenses then and thei-eafter incurred must be within the maximum, and returned in the election expenses. But to obviate any difficulty — as has been pointed out before — the candidate should prevent resolutions of confidence bein"- submitted until the actual THE CONTKST. 43 campaign lias been inaugurated in expectation of an impending vacancy owing to the announcement of a General Election, or even the probable issue of a writ upon known causes. The contest being thus about to commence, the candi- date should at once decide upon his agent, and although it may be advisable not to send his name to the returning officer until the day before the nomination, it is equally clear that the personality of the agent should be decided upon for mutual advice and reliance, and especially for the control and selection of the workers, as it is absolutely necessary that the candidate should not have the invidious task of personal selection and rejocticm. Having selected his agent, and the agent having mapped out his plan of campaign generally, it will be necessary to ask and answer one other question — What about the committee ? In ninety-nine cases out of a hundred it will be better to have no committee, and so far as possible to secure the formal dissolution or suspension of all political societies within the boroug'h or county division, and to rely upon individual help ; for without a doubt the appointment of a committee at once constitutes general and particular agency for each member elected or selected on such a body. Whilst so much of the canvass in town and country alike must depend upon volunteers and volunteer work, neither the candidate nor his agent should deal Avith associations or habitations, but with individuals, to whom deinnite instructions should be given ; and canvassers' books or cards should contain 1. — The qualifyiiijj: words " or the directors of any body or association corporate " are added because, newspapers and printing offices beinp in so many cases in the hands of registered and limited liability companies, it would be exceedingly ditticnlt, if not impos- sible, for the person upon whom the statement reflects to ascertain the person or persons responsible for the printing and publicatron of the incriminating matter. In the Sunderland Election Petition Bax'oii Pollock thus expressed his opinion of the foregoing section : — " It provides that ' any person who, either before or during any Parliamentary election, shall, for the purpose of affecting the return of any candidate at such election, make or publish any false statement of fact in relation to the personal character or conduct of such candidate, shall be guilty of an illegal practice.' The principal words here are ' am- false statement of fact ' ; but if it be a false statement of fact, and it be in relation to the election and to the personal character or conduct of the candidate, this Court has nothing what- ever to do with the question which arises in cases of libel as to whether there was malice or as to what would be the effect otherwise upon a false statement, which would have to be considered if this were the case of an action for libel. Any false statement, whether charging dishonesty or merely bringing a man into contempt, if it affects or is calculated to affect the election, comes within this Act. I would give two illustrations that have occurred to my mind as showing tlie meaning of this. Some perfectlj' innocent acts may be done by people, and yet they may come, if thej' are stated to be done in this way, within the Act. Supposing any gentleman in a county constituency was to say of his adversarj- that he had shot a fox, and he did it for the purpose of working upon the minds of the constituency during an election, that would certainly come within the meaning of the Act. Again, if any person in a con- stituency, where one of the Members was a temperance man, were to say that he had seen him drinking a glass of sherry — a perfectly innocent act — that would also bring him within the Act. Therefore there is no doubt or difficulty about that part of the question. A greater difficulty, no doubt, does arise when you come to consider what is a statement of fact, and here I utterly dcx-line to give anything like a definition, and certainly no one will qnarrel with the decision of the Court of Appeal in the recent case of Bailey v. Edmonds, because it is obvious that an adjective, or even an adverb, THE CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1895. 123 n\ay carry with it such a stin<>; as to be a statement of some particular fact ; but when you come to consider what is meant by a fact, a great many considerations arise before the Court, when they come to consider the jjarticular language used, can decide what is a fact and which is a false statement. In the first place, it is obvious to everybody that a mere argumentative statement of the conduct of a public man, although it may be in respect of his private life, is not always, and in man}' cases certainly would not be, a false statement of fact. In the present case, if one were not to look beyond the present words that have been mentioned and so strongly attacked, I should say, speaking for myself, that I should consider very carefully before I held that such words as a man paying ' wretched wages,' a man having ' cleverly shelved,' or being ' forced to do ' a particular thing, or having sheltered himself under a ' Eadical shuffle,' were facts which would bring the person who used them within the Act ; bxit I certainly should not let the man who used these words go scot free without I carefully considered all the surrounding circumstances, such as who used them, the meaning they were supposed to bear, and all the other circumstances of the case. " There is one other thing that I am very clear ujion, and that is this : — That if you quote an article from another paper, you make any absolute facts stated in that article a part of your own statement by saying, ' Oh, but if you look at my newspaper you will find we read in the evening paper that Mr. So-and-So had committed a forgery.' A man has no right to do that ; but if a man does what was done in this case — quotes from The Labour Leader an article that appeared some time back, and says that The Labour Leader, under the heading of ' Mr. Storey as an Employer,' said so-and-so, and observed something about the payment of the men, and then says that The Labour Leader in its article said some- thing about seeing the wretched wages he had paid, and that he (the Radical employer) does not want to make a profit out of the reduction of the wages, but he very cleverly shelved the whole matter — that is a statement of a course of conduct which is alleged on the one side by The Labour Leader and contradicted on the other by the person of whom it is written. That is not to my mind 'a statement of fact' in the sense in which it is intended in this Act of Parliament." 124 Till: candidates' akd agents' guide. Evidence of 2. No person shall be deemed to be guilty hearing' of _ _ charge of sucli illegal practice if lie can show that he under the ■A^ct. \iin[ i-easonable gi'ounds for believing, and did believe, the statement made by him to be true. Any person charged with an offence under this Act, and the husband or wife of such person, as the case may be, shall be competent to give evidence in answer to such charge. Section 2. — The second paragraph of this section is now unnecessary, as by the legislation of 1898 every incriminated person can give evidence on his or her own behalf. Baron Pollock thus deals with this section : — " The Second Section is one the spirit of which all English lawyers are familiar with : that is, that you do not, as a rule, make people responsible for things that they naay say or do, if they have reasonable grounds for believing, and do believe, that the statement made by them is true. We have had that from all time in our Common Law cases of malicious prosecution. " If a man admits that lie did ])rosecute somebody, but saj's. ' I did so because I had reasonable grounds for believing that he was guilty of the offence with which I charged him,' then the Judge himself is to be the judge of whether it is a reasonable cause or not. In Scotland and in America they have taken what is, perhaps, the more reasonable view — that it is a question for the jnry and not for the Judge. " I think all the observations I have made with regard to a statement made by the candidate himself apply to statements made by an agent, and they apply, I think, with greater force, because it is impossible to suppose that an election agent can have quite the same careful discrimination as to the language he uses as the candidate himself might have, or is supposed to have, in dealing with the more important matters of the election, whereas the election agent has a great many matters to deal with, and he might very well take a representation as true, which, if it was more sifted, might perhaps be found was doubtful. But still it i'.s not, of course, enough for him to say ' Somebody told me so.' In each case it nuist depend THE CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1895. 125 not merely upon the person who told him, but it must depend upon the character and nature of the information that is given to him. " If a man procures from some stranger in the street [Mr. Balfour's ' man in the street is now the more accepted term] a statement that some person he knew had committed a murder or robbery, and he went and promulgated it without any further inquiry, no one could doubt that he would be within the section, and would not be protected. If, on the other hand, he heard that from two or three highly respectable persons wlio must know the truth of it, he would be protected." There must be a bona fide belief in the statement, which must be made upon an authority which can be produced and tested, although it may turn out to be unreliable. 3. Any person who sliall make or publish any ^^^"j'^^^''^'^ false statement of fact as aforesaid may be person 1-estrained by interim or perpetual injunction by the High Court of Justice from any repetition of such false statement or any false statement of a similar character in relation to such candidate, and for the purpose of granting an interim injunction prima facie proof of the falsity of the .statement shall be sufficient. false state- ment. Section 3. — This section is of the greatest value to a candidate, because it enables him to make a prompt application to a Judge at Chambers for the granting of an injunction to restrain the repetition of false statements reflecting upon his character. If the injunction be granted due publicity can be given to the fact throughout the constituency, and any further repetition of the false statements would then be a " contempt of Court," with all its attendant consequences. Agents will note that all that is required for the obtaining of the injunction is a sworn denial of the facts alleged by the person so attacked, with j>''^'>^'^ facie proof of the mere falsity of the statements ; the surrounding circumstances of the case will not be gone into. 126 TUE CANDIDATES AND AGENTS GLTDE. Candidate exonerated in certain cases of illegal practice by agents. 4. A candidate shall not he liable, nor shall be subject to any incapacity, nor shall his election be avoided, for any illegal practice under this Act committed by his agent other than his election agent, unless it can be shown that the candidate or his election agent has authorised or consented to the committing of such illegal practice by such other agent, or has paid for the circulation of the false statement constituting the illegal practice, or unless upon the hearing of an election petition the election coui-t shall find and report that the election of sucli candidate was procured or materially assisted in consequence of the making or publishing of such false statements. Section 4. — In his judgment in the Sunderland Election Petition, Baron Pollock thus comments on this section ; — " The section provides that ' a candidate shall not be liable, nor shall be subject to any incapacity, nor shall his election be avoided, for any illegal practice under this Act committed bj' his agent other than his election agent.' Subject to certain exceptions, in this case it is quite clear that Mr. Hedley was the election agent, and that for his acts in this respect Mr. Doxford is liable." Baron Pollock then discusses very carefully Avhether any person other than the election agent may, for the purpose, become agent for such publication : — " With regard to Howitt, I should have doubted myself whether it was quite clear he became an agent for the purpose of this procedure, merely because in his office and by Ids people these things were printed and sent over to Mr. Hedley for the purpose of being disseminated. But I can have no doubt in my own mind, when I hoar the evidence given by Mr. Hedley himself of what use he made of Howitt : namely, that ho was aware that Howitt knew a great deal more than he himself knew, Howitt having been the manager of the newspaper for some time, and when he was considering what sort of document he could fire off which would be u.seful for the purposes of THE COKKrpT AND ILLEGAL PRACTICES PKEVENTION ACT, 1895. 127 an election, he availed himself of Howitt's knowledge for the purpose of assisting his own mind, and the article which was sent out was the joint production of those two men. Under these circumstances, I think that, although he was not the election agent, he was the agent of Mr. Doxford." Mr. Justice Lawrcuce said that " the question the Judges were trying was whether these people had reasonable grounds for making the statement they did," and upon these grounds, the Judges held that the individuals charged had good reason for believing in the truth of the statement, and the petition failed. Agents must not, therefore, think they can escape liability, on their own part or on the part of their candidate, by merely getting some third party to concoct the article, pamphlet, or attack. 5. This Act may be cited, as the Cori-uj)t Short title. and Illegal Practices Prevention Act, 1895, and shall he construed as one with the Corrupt and Illegal Practices Prevention Act, 1883. False Statements. At St. George's-in-the-East, as at Sunderland, a local editor, who had been attacking the Radical candidate, was convicted under the Act of 1895, and it also formed one of the charges in the petition against the retiu-n of the sitting Member. In his judgment in the former election petition, Baron Pollock commented on the responsi- bility of the sitting Member for the act of the editor who had been convicted, and said : — The only question for consideration is whether the Respondent was liable for the act of Mr. S , and this is governed by the recent Statute of 1895. Section 1 of this Act makes it an illegal practice for any person who, before or during an election, for the purpose of affecting the return of a candidate, makes or publishes any false statements in fact in relation to the personal conduct or 128 THE candidates' and agents' guide. character of a candidate ; that makes it an illegal practice. Section 4 provides that a candidate shall not bo liable for such an illegal practice committed by his agent other than his election agent, unless it can be shown that the candidate or his election agent has authorised or consented to the committing of such illegal practice by such other agent, or has paid for the circulation of the false statement constituting the illegal practice, or unless upon the hearing of an election petition the Election Court shall find and report that the election of such candidate was procured or materially assisted in consequence of the making or publishing of such false statements. It was not suggested that the election agent had taken any part in the printing of the statement in question. With regard to the Respondent, in his evidence before us he swore that he had no knowledge of it until he read it in the newspaper after its publication, and this was corroborated by the fact that, as soon as it came to his knowledge, he made a statutory declaration before a commissioner, swearing that the article was written and published without his knowledge, and that he knew nothing about it until he saw it in print. He had copies of the declaration printed and circulated throughout the district. We find this to be a true statement, and we also find and report that the election of the Respondent was not procured or materially assisted in consecjucuce of the making or publishing of the false statement. At Sunderland, the Conservative agent rendered him- self responsible by practically giving the matter over into the hands of the gentleman who cii'culated the statements complained of, which formed part of Baron Pollock's decision in that case. BORUUCiH MEETINGS. 129 CHAPTER XIII. Borough and County Meetings. On this subject there has always been a great diversity of opinion, and thei-e must continue to be not only a difference of opinion but of experience as to the method of calling the meetings, the suitability of school rooms or licensed premises, and as to the quality and size of the gatherings. No doubt large meetings do a great deal to encoiu'age the general supporters of the party, and at election times to deepen the enthusiasm of the workers ; but, valuable as large meetings may be, the real work of developing the organisation and eidisting new supporters must in the majority of cases be done by small meetings in the boroughs and by village meetings in the country districts. Borough Meetings. In large towns the meetings held at the pul^lic halls generally secure the same people (friends and opponents) over and over again ; but by mapping out each polling district, and securing ward meetings of from about 100 to 200 electors, an active committee is more easily formed, practical discussion takes place, and tlie candidate or mem.ber can get into personal touch with his supporters. 9 180 THE candidates' AND AGENTS' GUIDE. A plan which has met with great success in the Metropolis has been to invite from 200 to 400 persons in each specified district to a ward meeting. The invitation is sent by post, and is in the form of a letter, with the request that the letter be presented at the meeting, so that those who do attend may be checked and their names marked, if supporters, on the register. If possible the member or candidate should be present to receive and pei'sonally Avelcome those invited to the gathering ; and after a short address fi-om him, or his agent, or a pei'sonal friend, the meeting should assume a conversa- tional character, those present being invited to discuss, not only the questions of the hour, but the local requirements, and to offer suggestions as to organisa- tion and work and local subjects which interest the electorate. Such meetings as these should be held at least once a year, and the nnmlior of ward meetings held should be sufficient to include the whole of the electors on the Parliamentary Register. The more fivquently, in reason, such meetings as these are held the better. The presence of the niember or candidate should not be a sine qiid iton, though, of course, he will attend as often as possible, in order to become better acquainted witli tlie electorate, its want.s, feelings, and aspirations. These Avard oi" district meetings should be arranged l»y and held a1 tlie expense of tlir lucal association. They sliould be for the dissemination and elucidation of f)olitical principles and imperial and local intelligence. 'JMiey shoidd liavc for tbeii' object tlic fcnm.'ition of an BOROUGH MEETINGS. 131 esprit de corps and a conimunit}^ of feeling amongst tlie Unionists of the district. But they should not be held in the interest of or their expense be paid by any particular person, whether he be member or candidate or possible candidate. This should be made very clear : otherwise the expenses of such meetings would probably have to be returned as election expenses if such person became a candidate at the ensuing election. Thus, in the Stepney Petition, the fact that a resolution was passed in .support of the candidature of Mr. Isaacson was held to constitute the meeting as part of the electioji. and its expense was therefore an election expense, although the meeting was held by the local association and before the appointment of Mr. Isaacson's election agent. In view of the real objects of these district meeting.s (which do not include the glorification of individuals), and in view also of what has been said by the Judges, there should be no resolution of any kind passed at them which in any way i-elates to an individual who may be. or b}' any possibility coiild afterwards become, a candidate. Any resolutions passed at the meetings should relate to the political or local questions of the day, or to the conduct of prominent political leadei's not connected witli the locality. With regard to Uirofe meetinars, easv as it is to brintr people together in country boroughs, it is a work of great difficulty in London. In oi-der to secure an interested audience in London the presence of some well-known speaker is necessary, and tickets of invitation should, so 182 THE candidates' and AfiENTs' GUIDE. far as possible, be sent out to the known sixppoi'ters of the cause, with special invitations for the platform, and seats should also be reserved for ladies. Wherever held, the presence of ladies should be in-\dted and encouraged at all large meetings, especially where the Primrose League is at work. The time has gone Idv (if it ever existed) where woman Avas a negligeable quantity in political movements. Women of all political parties are especially deserving of all the honoui- that can be shown them ; and, whether Dames of the Primrose League or not, there can be no question that the presence (but not the speeches) of the gentler sex at meetings will often secure better behaviour on the part of j)()litical opponents, who in some districts steadily attend and interrupt all political gathei'ings. It is not advisable, except in extreme cases, to confine the meeting to ticket-holders ; but arrangements will easily suggest themselves to the local managers whereby the presence of friends and supporters can be secui-ed at the gathering. In the case of a Member of Parliament, it is desirable that he should have an annual gathering for addressing his constituency generally, and in that case it will be well for the local managei's to take care that he is supported, both on the platform and in the body of the hall, by political supporters Avho are well known and can lie i-elied upon. COUNTY MEETINGS. V.VA County Meetings. Experience in each disti'ict must necessarily modify any suggestions that may be offered. The spirit of what has been ah-eady said as to borough meetings applies to county meetings, but the latter have some peculiarities to which it niay be well to I'efer. It is perfectly certain that in some way or other each village in a county constituency should have its annual political gathering, as, no matter ho^v small the village may be, thei-e is generally an idea that it has been neglected if a neighboui'ing hamlet should secure a visit from the membci* or candidate, while it has to be content with a joint meeting or no meeting at all. Of course in many cases the aspirant for Parliamentary honours must liimself find it impossible to attend ; but arrangements should be made for the presence of one local speaker and one reliable speaker from Londou or the county town, and an invitation should be sent to each elector by post or delivery, with a i-equest that he will attend the meeting held in the village. Resolutions of confidence are generally unnecessary at village meetings, even at election times. In some places (and herein local judgment must be exercised) they are objectionable, giving, as they do, an opportunity for the moving of an amendment by some noisy and wordy resident, who will rejoice in the opportunit}- of airing his eloquence at a public meeting. Votes of thanks to the chairman and the speakers, and to the person lending the room, are, generally speaking, all that will be necessary to give an opportunity for speeches from local supporters. 134 THE candidates' and agents' guide. ^rembers of Parliament are really not so much a necessity at village meeting's as tlie presence of some experienced politician, who will take the trouble to discuss political and social questions, and especially questions in which the labouring classes are at the time interested, in the simple language of the country. Unfortunately, in village meetings party speakers too often assume a knowledge of imperial and foreign policy which is not always or pei'haps generally ])ossessed by the local mind. Failure ensues. Why? Because there is a want of sympathy. On the other hand, a fluent speaker with no prejudice in favour of truth or common sense will bring down the hoiise by declamations against the Church and parson, and by diatribes against the squire and the wages paid by the farmer. A practised political speaker can, without pandering to the ignorance or the lower nature of his hearers, adapt his manner and language to the understanding and to the edification of the people to whom he is talking. Local details he can gather on the spot. The most cultivated gentleman need never be ashamed of speaking that plain, simjile, and nervous Engdish Avhich all can understand, and which William Cobbett used with so much eifect, whether his subjects were political or otherwise, when he addressed himself to those whom ho pleasantly called '' the Chopsticks." An attempt should always be made to obtain the interest of the young men in shops and oflices in village woi'k, as they have long winter evenings unoccupied, and often form a very good band of volunteers for concerts and meetings. COUNTV MEETINGS. 135 There is also no doubt that a tour by a party of volun- teers having a magic lantern, with African, Indian, and foreign slides, will do a great deal in drawing village audiences together and in educating the rural mind in political responsibility. The only danger in these social gatherings is that the political side may sometimes be lost sight of, and tlierefore they should be attended b}- some reliable local speakers, wlio will give short political addresses. The difficulty of creating an interest in a village meeting, when an election is not on, is well known to those who have had to organise such meetings ; but the presence of some such attractive factor as lantern slides will assist in drawing an audience, the presence of which should be utilised for political purposes. They should also sometimes form a basis for calling a larger political meeting, when the candidate and one or more speakers of ability should be present. It may be well to add a hint or two as regards the larger political meetings refei'red to in the last sentence. There is no greater mistake than taking down an army of speakers to an ordinary political meeting in a country town. One speaker of ability (or at most two), in addition to the candidate or member, is generally all that is required. Where the farmers can be induced to bring in their men to the town, a double purpose is served in securing a full house, and in getting the farm labourers to a political meeting, where they may be stirred up by the presence and applause of their town friends. Here, again, the meeting should be called b}- the local association, and the resolutions should be of as general a 136 THR CAXDIPATES' AND AGENTS* GUIDE. character as possible. The details of the meeting should not be left till the last minute. The secretary of the association and the registration agent should prepare the agenda, arrange what resolutions are to be moved by the various speakers, and, as far as possible, secure a i-epresentative platform. The local Press should always be invited ; and when a report is required of vilLnge meetings, aiTangenieuts sliould be made to secure the attendance of the local reporter, and, if necessary, drive him to the place of meeting. If a reporter cannot attend, a brief summary of the meeting shovild be sent to the local Press. A very valuable piece of advice Avas given many years ago by Sir Edward Clarke, that when candidates or members particularly desire some special quotation to appear in the repoi-t of their speeches, they should take the trouble to fui-nish such quotation to the gentlemen of the Press, who, it must be remembei-ed, have not had that experience in country towns, and have not that versatility of literary knowledge, Aviiich ai'e pai't and parcel of tlie Pressman's training in London and the large centi-es of population. IWALIIi HAl.r.dT PAI'KRS. 137 CHAPTER XIV, Invalid Ballot Papers. In previous mamials on Election Law a chapter has generally been devoted (with illustrative sketches) to ballot papers which have been allowed even though imperfectly marked, and there have been one or two differing decisions upon the validity of a vote owing to the peculiar position or shape of the cross or mark made by the voter. The decision of the Judges at the Cirencester election goes far beyond any of the earlier precedents, for in delivering their judgment they state — If we have found such a mark — i.e. when we have looked at the face of the paper itself with a \ae-w to see whether or not the voter has by any mark clearly indicated the person for whom he wished or intended to vote — we have upheld the vote, regardless of the very technical, and, as we think, unsubstantial, objections which have been allowed in some of the earlier cases to be found in the reports of election cases ; our view being that we ought to interpret the Ballot Act liberally, and, subject to other objections, to give effect to any mark on the face of the paper which in our opinion clearly indicated the intention of the voter, whether such mark were in the shape of a cross or straight line or any other form, or whether made with pen and ink, pencil, or even an indentation made on the paper, or whether on the right or left of the candidate's name, or elsewhere ■within his compartment on the voting paper. 138 THE candidates' and agents' glide. The Judyes further proceeded to say that they thought tlioy ought to adliere to the hinguage of tlie Statute itself, and that to invalidate tlie ballot paper by a mark it must be a mark by which the voter can (not might possibly) be identified. '' In such cases we have done our best to discover whethei-, although obscured by blots, blurs, and other marks, there existed positive indications on the part of the voter of an intention to vote without a thought of leaving behind a trace to enable him to be identified." Witli regard to being void for uncertainty, they have laid down — If it is iij)on the face of tho ballot paper left in doubt whetlu^r the man intended to vote for one candidate or the other, the weight of the objection that the vote is uncertain is obvious, for the simple reason that one candidate has just as mucli right to claim the vote as the other, and so it ought not to be counted for either, as the Statute so enacts. There is a further decision by these learned Judges on Section 2 of the Ballot Act, whei-e this provision occurs: — Any ballot paper which has not on its back the official mark shall be void and not counted. They have also laid down that the Statute does not require that the stamp shall he a])i)lied to the back ; it merely requii-es that the back shall I)car tlic official mark :^ We think it is not necessary that there should he in every respect a clear and distinct impression of every part of the stamp, but that it is quite sufficient if the evidence afforded by that which appears on the back of the pa])er leads iis to the (•(inclusion that the stamp was applied there with tlie iiilcntion of making tlie required mark. All objections to the balhjt j)apers upon the ground that the official marks were defectively impi-essed upon INVALID BALLOT TAPERS. 139 the backs of tliem fail, and it is quite sufficient if there is such evidence of the official mark : — Whether it is perforated through the paper, or the ink is caused to run through the paper so as to indicate the official mark, or where the stamp is applied and fails to make a perfect mark. Since the foregoing decision at Cirencester no decisions in any waj aifecting it have been given, so that it still forms the precedent, and consequently in all such cases, if there be evidence that the presiding officer has intended to make, and has in fact made, what, fairly looked at, indicates that the recognisable official mark is upon the back of the voting paper, votes marked on such papers ought to be held to be good votes in the absence of any other substantial objection. 140 THE candidates' AND AGENTs' GUIDE. CHAPTER XV Preparing for an Election Petition. [By ELLIS T. POWELL, Hon. Election Agent for Mr. H. H. Marks, M.P., in the St. George's-in-the-East Election, 1895, and tlirougliout the resulting Petition and Cross- Petition.] A\ Election Agent who sets about preparing for an election petition must obviously have in view one of two contingencies. He may have reason to believe that after the election his candidate, if successful, will be placed in the position of a respondent ; or, on the other hand, he may considei- it hi.s duty to pi-epare for challenging the success of his opponent. Tt is only rarely — though it was my experience acting in St. George's-iu-the-East Election in 1895 — that an election agent finds himself compelled at the same time to defend his own position and to challenge that of his opponent. A few hints with regard to the conduct of an election agent who has to contemplate either of the contingencies I have mentioned will perhaps be useful, and we will take first the case of the agent who is likely to assume the offensive and to petition against his opponent's return. PBEPAKING FOR AN ELECTION PETITION. 141 With a view to making charges in connection witli the election expenses, the agent should endeavour to discover some announcement of his opponent's candidature sufiiciently definite, if not too remote from the election, to be adopted as a starting point from which the expenses are to I'un. If such candidature — whether in the form of an announcement by the candidate himself, or of the ])assing of a resolution in his favour at some meeting at which he is present or which has the ofiicial support of his party — began within three months of the election, I venture to think, speaking generally, that money laid out after that date on propaganda would have to come into the return, if a candidate has made no absolute declaration of his candidature, he may often be trapped into one by the circulation of a report that he does not intend to stand, or intends standing somewhere else. As regards agency, evidence should be acciimulated with regard to the presence at the candidate's meetings, Of with him at local social or other functions, or at his house in consultation with him, of all persons who might conceivably be his agents. Their constant personal associa- tion with him is the best proof of agency. It is, however, useless to give general evidence that a man "is constantly seen in the company " of the candidate. The occasions and the places should be noted down, and the agent should be pi-epared to bring forward reliable witnesses who will swear that the}- saw A.B. go with the candidate into the local political club, that they have seen them lunching together, that committee meetings have been hold at A.13.'s i-esidence, that they have seen liim canvassing with 142 THE candidates' and agents' guide. the candidate, and so on. This evidence, if A.B. can be proved guilty of some illegality dui'ing the election, will be very useful as ])art of the petitioner's case. With regard to the election literature, as many copies as possible should be procured, at any cost (since the money would be no part of the election expenses), of any bills, leaflets, or pamphlets which might be made the basis of a charge. Practically anything printed or lithographed for use in the election which does not bear the name of the printer and publisher might be useful in this way. Any document issued by the candidate or his agent which contains a false statement of fact with reference to the j)ersonal character or conduct of his opponent should be most carefully preserved. A cojiy of every bill, poster, leaflet, pamphlet, card, portrait, or document — even the note-heads — should be preserved in order that the election return may be checked, and if any be omitted, a charge based upon the omission. Anything in the shape of a badge or mark of distinction, especially banners or flags, should be noted, and specimens secured at any price. Where they cannot be purchased or acquired in some other way, as in the case of banners hanging from the upper windows of a house, they should be photographed. A photograph will foi-iii valuable evidence in support of the charge of making illegal payments. Cases of treating or bribery are extremely difiicult to j)rove, but, if any are suspected, each case should be investigated at once, and the witnesses should make written statements, and should attest them before a commissioner. If the bribery has taken place in the form of a cheque, PHEPAKINU FOR AN ELKCTION PETITION. 143 efforts should be made to ascertain on what bank it was drawn, and by whom, so that tlie bank or the drawer may be served subsequently with a subpoena to produce it. In the case of a bank note it should be ascertained, if possible, where it was changed, and what became of it. Obviously, to give only one instance, if a ten-pound note Avere changed by some comparatively poor man in a local public-house, and that particular note could be shown to have come out of the respondent's banking account, there would be something for him to explain. With regard to acting on the defensive for a possible respondent, the agent will be able to gather several hints from what I have already said. There are, however, a few further points upon which it is desirable to briefly touch. As I'egards the election expenses, I recommend the agent, at the commencement of the election, to obtain from his candidate a crossed cheque to his own order for the maximum amount which he may spend. With this cheque he should open a special election account, and should pay for everything, down to the most trifling items, by crossed cheques drawn on the account. He will then be able to come into the Petition Court and place his cheque book and pass book in the hands of the Judges as the best evidence of his bo7ia fides. This was the system I adopted in the St. George's-in-the-East Election in 1895, and by it defeated every charge coming under the head of expenses "omitted from the returu." The agent should be particularly careful not to employ for ])ayment any person who is a voter, and he should serve upon every one of the persons whom he employs a notice that if he is a voter he may not vote. 144 THE CANIUDATES' AXD AGEXTS' liL'lDE. The election agent and his candidate, and all prominent persons connected with the party, should studiously keep away from the offices of any independent organisation which, for its own purposes, may open committee rooms in the district. Where a powerful organisation of some kind or another comes, and does its best to secure a man's return, it is often difficult for the candidate to keep his agents away from the persons acting on behalf of such organisation. But the election agent must impress upon all his colleagues, and, to avoid offence and misunderstanding, must also courteously inform the officials of the organisation referred to, that he must not constitute them his agents, or he would be responsible and niay suffer for their acts, and their expenses would have to go into his return. 1 should perhaps have added, in dealing with this matter fi-om the ])(;int of view of a petitioning agent, that he should keep a close eye upon the committee rooms of these independent organisations. A snap-shot of the respondent, or the respondent's election agent, or the chairman of the respondent's political association entering or leaving such committee rooms would be oL" incalculable value as proof that the respondent had constituted them his agents, was responsible for their acts, and ought to have included their expenses in his return. The election agent of a possible respondent should keep out (jf local ])Tiblic-houses and restaui-ants altogether during the campaign. He ought to be in a position to swear that from first to last he never entered such a place, and in that way to meet any charge of "treating." PKEPAKIXC FOR AN KLKCTION PKll llON. l4o He should avoid drawing cheques foi' gold or notes upon his private banking account during the election. A man does not usually draw £50 in gold from his bank account, and the fact that an election agent had done so, and could give no very clear account of Avhat had become of the money, would, in the opinion of an Election Petition Court, raise a serious question as to his bond fides. I have scarcely thought it necessary to mention that the agent should give counterfoiled written orders for everything, even half a dozen lead pencils, which he buys during the election ; and I imagine that no agent would commence a campaign without posting bills announcing the fact that he had been appointed election agent for So-and-so (the candidate), and that neither he nor the said candidate would be responsible for any expense incui-red by persons acting or claiming to act under his authority unless he has given an order over his own signature. A printer's proof of every document issued in connection with the election should be seen by the agent personally, in order to ascertain that the imprint is correct, and that the document contains no false statements with reference to the personal chai'acter of the opjiosing candidate upon which any charge could be based. Any bill issued appa- I'eutly l)y the election agent or by the candidate which is in fact not so issued, and which may be dangerous, should be at once publicly repudiated (such repudiation would. I think, be no part of the election expenses) ; and a copy, in a registered letter, should also be sent to the opposition candidate, calling his attention tf) sucli repudiation. lo 146 THE candidates' and agents' (;uide. From these hints an assent may obtain some guidance with regard to the general principles of petition work. Finally', T would urge upon him that mere general statements with respect to alleged offences are worse than useless. It may be "common knowledge" that the election agent on the other side was seen treating people in public-houses, but two good witnesses who will swear they saw him doing it ai'C worth a thousand who can only say that " they heai-d it everywhere."' and that "everybody knew it." [I thoroughly agree with the view taken by Mr. Powell in the methods to be employed in watching the expenditure and the accounts of an opponent ; but, in view of the definite decisions recoi-ded in the earlier portion of this work with regard to the date of the commencement of the candidature, I should in all cases suggest following exactly the judicial obiter dicta of Baron Pollock at Lancaster, and Justices Wright and Bruce at Haggerston, I'ather than the arbitrary selection of a date — e.g. three months before the election. — H. C. R.] MUNICIPAL CONTESTS. 147 CHAPTER XVI. Municipal Contests. The Municipal Elections (Corrupt and Illegal Practices) Act, 1884, practically re-enacts the provisions as to corrupt and illeo'al practices, illegal payments, and hiring, contained in The Corrupt and Illegal Practices Prevention Act, 1883, and makes them applicable to elections in Municipal Boroughs, and to contests in the City of London in Common Hall, Aldermanic, Shrievalty, and Common Coimcil contests, and elections for County Councillors and for School Boards. The difference between the Parliamentary Act of 1883 and the Municipal Act of 1884 lies in the fact that by the latter Statute the expenses of the election are limited ; the use of political clubs and places of refreshment (whether for drink or food) as committee rooms or places for the holding of piiljlic meetings is strictly prohibited ; the declaration as to expenses must be sent in and signed by the candidate himself ; and thei-e is no provision in the Statute for the payment of the agent of the candidate, except as polling agent. He must therefore be paid in that capacity or act as a volunteer. 148 THK CAN'DIUATKS' AND AGENTS' GUIDE. Corrupt and illegal practices are the same as those enacted in tlie Statute of 1883, which coutrols Parliamentary elections ; but a peculiar provision of the Act dealing with Municipal contests is that if the election is for a borough or a ward, one committee room only is allowed in each case, unless the number of the electors in the borough or ward exceeds two thousand, when one additional committee room is allowed for every two tliousand electors or incomplete portion above that numbei'. The maximum expenditure for a ^lunicipal election is £25, unless the number of electors exceeds five luindred, when an additional threepence for each elector is allowed over and above the first five hundred. When there are two or more joint candidates at such election the maximum amount of the expense is reduced for each of such joint candidates by one fourth, and if there are more than two joint candidates by one third. The number of ])ei-sons to ])e employed is limited (by Section 13) to two clerks or messengers for a borough or a ward with two thousand voters, and one additional person for eveiy one thousand or incomplete one thousand over and above. The first two of such ])ci'sons may be employed as clerks oi- messengers, or in 1)oth oi' either of such cajiacities. In mlditioii, on the ])olh'ng day one polling agent may be employed at each polling station. As in Parliamentary elections, every bill, ])lacard. or ])oster must bear the name of tlic pi-intei' and publislier, and there is tlie same statutory enactment against pay- ment foi" bands of music, torches, flags, banners, cockades, i-ibbons, '"or other marks of distinction." Section 16 is the MUNICIPAL CONTESTS. 149 one which marks the difference between the Parliamentary and the Municipal Acts as to the disqualification, for committee rooms or for meetings, of all premises which are licensed for the sale of any intoxicating liquor, or where any refreshments, whether food or drink, are ordinarily sold for consumption on the premises. Political clubs are distinctly excluded l\y the following words : — " Any premises where any intoxicating liquor is supplied to members of a club, society, or association, or any part of such premises, shall not, for the purpose of promoting or procuring the election of a candidate at a Municijaal election, be used either as a committee room or for holding a meeting," and persons guilty of illegal payment, employment, or hiring are liable to a fine on summary conviction of not less than £100. At Rotherhithe a conviction of a candidate was secui'ed because there was a connection, though locked, between the hall of the political club used for a public meeting and the part of the club where refreshments were supplied. In this case, however, the Judge gave relief. Every claim that is made by any person in respect of election expenses must be sent in to the candidate within fourteen days after the day of election, and all such claims must be paid within twenty-one days. Where the candidate has an agent, such agent must within twenty-three days make a return to the candidate in writing of all expenses incurred by such agent on account of or in respect of the conduct or management of the election, and within twenty- eight days the candidate himself must transmit to the Town Clerk, the Clerk to the Council, or the Clerk of the Peace, 150 THE candidates' AND AGENTs' GUIDE. as the case may l)e, a return of all expenses incurred by himself or his agents by or in respect of the conduct or management of the election. Xo payment can be made in excess of the maximum, or after such period, without application to the High Court or to the County Court for the district in which the election was held — the i^ule of the High Court being that notice must be given to the candi- date on the other side and the returning oflBcer, and two days' notice of the application, with proof of advertisements in the district in which the election was held. The return and declaration in pursuance of the Act must be kept by the Town Clerk for twelve months after the date of receipt. The form of declaration by candidates as to expenses is very similar to that which candidates for Parliament have to swear, and is set out in the Fourth vSchedule to the Act ; l)ut there is no declaration for the agent, nor is there any pi-ovision for his payment except that already alluded to on page 147. In the absence of a Parliamentary candidate from the United Kingdom at the time of an election there is a provision allowing him to file his return and make a declara- tion within fourteen days after his arrival ; but there is no similar ])rovision under the Municipal Elections Corrupt Practices Act. A Divisional Court has, however, decided (in the case of Mr. Henry Clai-k, who was l)oth a Common ('ouncilman and a County Councillor) that relief may be given by the Court, and the return filed and the declaration made on the candidate's retui-n to this country. With regard to the City of London, there are special j)rovisions in Section 35, by which, in case of an election of MIXICIFAL CONTESTS. 151 an Alderman or Common Councillor, the expense incurred must not be in excess of the maximum (£25) fixed by this Act in Section 5 ; and by Sub-section 7 of the same section the expenses of an election b}- Liverymen in Common Hall must not, if no poll be demanded, exceed £40. and if a poll be demanded £250 ; this sub-section referring to the election for Sheriffs, Chamberlain, and othei" officers who are elected by Common Hall of the Livery of the City of London. The provisions with regard to the presentation of election petitions vary somewhat from those in disputed Parliamentary elections, the amount to be deposited as security for costs being smaller and the case being heai'd l)y a Conimissionei- appointed by the Election Judges, to whom, of course, any disputed point of law would be referred. It may also be pointed out that, in addition to the Munici])al Elections Cori'upt Practices Act not applying to a Vestry Clerk, Section 37 sets oat that the provisions which prohibit the payment of any sum and the incurring of any expense by or on behalf of a candidate at an election on account of or in respect of the management of the election, and those which relate to the times of sending in and paying claims and to the maximum amount of expenses, or the retitrn or declaration of them, do not apply to the election of members of Local Boards, Improvement Commissioners, Guardians elected under The Poor Law Amendment Act, 1834, and memliers of School Boards. 152 THE CANDli>ATEs' ANi> AGENTs" (.LIHE. CHAPTER XVII. County Council Elections. The letter of the Primate of all England, in answer to the Free Church Council's educational demands from the new County Councils, and Mr. McKinnon Wood's reply as to the London County Council proposals, along with the manifestf) of the Bishops of London and Rochester, call attention to the certainty that the next County Council Election in ]\larch — Saturday, 5th March, being the day fixed for the polling in London — will be fought all over the countiy with an amount of vigour which will not have been equalled since their creation by Statute in 1889. The Statute which regulates what may and wliat may not be provided at these contests is the one 2)assed by the then Attorney General, Sir Henry James (now Lord James of Hereford), and is to be found in the bound volumes of the Statutes for 1884. In the light of recent contests it will also be necessary for candidates and agents to be on the alert against the circulation of false statements, as it will constitiite an illegal practice, and will therefore disqualify and annul the return of a successful candidate. If libellous or slanderous state- ments are printed and ])ublished to the order of the agents or are paid for by him, the candidate will certainly be disqualified from i-etaining the seat if elected. COUNTY COUNCIL KLECTIOXS. 158 There are certain great diffei'ences between the conduct of a County Council and a Parliamentary campaign, though the area may be the same. Of course, for a County Council election in London there will be very often a dual t-ampaign, and the provision as to joint expense will in such cases apply. Section 5, Sub-section -i, of the Act of 1884 defines joint candidature as follows : — " Where two or more candidates at the election, 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 clerks, messengers, or polling agent 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." This applies equally to the question of expenses incurred by any outside person or body by or on behalf of a particular candidature. Election Literature. At elections for County Councils, particularly at the ti-iennial elections for the London County Council, a large amount of Election Literatui-e is often circulated in addition to that which is provided by the candidate or his agent. At the present time, for example, a great deal of interest is existent in all parts of the country owing to the passing of the Education Acts, and probably Free Church Councils, Parochial or Diocesan Committees, and possibly the teachers in the various schools, Avill issue literature, either in leaflet, handbill, or other form, recommending certain candidates for the support of themselves and their friends. 15-i THE CANDIDATKS' AND AGENTS' GUIDE. Tlie })rovision and circulation of this literature by outside organisations is a most important question, and places upon the candidate and his agent a great responsibility, for it is according to the answers to the two questions, " Who })rovided this literature? " and '• How is it to be paid for ? " that the candidate must schedule the cost in his Return of Election Expenses or not. In order to answer the questions, two or three of the decisions of the Judges in the Election Petition cases should be most carefvilly studied. It is needless to state fii'st that every placard, Inll, poster, or pamphlet in relation to the contest must bear the name and address of the printer and pul)lislier, whether issued by the candidate or not. A jiliotograph bearing the name of the company or photogi'apher pi'oducing the same, and an address, with the name and address of the person sending it out, though without the printer's name, were held to comply with tlie Act ; but it is always safer to insist on the name of the printer being on every bill, placard, postei", or address. How and to what extent this outside literature may be used is a question which can oidy be settled in the light of two different decisions: viz. — that in the City of Norwich (O'^Ially and Hardcastle's Reports, Vol. 4, pp. 84 and 85) in 1885, and that in the Borough of Stepney Election Petition in 1892. At Norwich j)ayment for ])lacards (£19 18s.) by volunteers was held to be illegal, and tlie election was voided. This was one of the very first decisions under the Coi'iu})t Practices Act, and Mr. Justice Cave and Mr. Justice Denman held that " it was proved that COUNTY COUNCIL ELECTIONS. 155 placards were posted and distributed in the city by tlie authority of a person who was not an election agent and wlio paid for this purpose a sum of £19 18s. It was admitted that placards were paid for at a cost of about £20, and Section 28 of Tlie Corrupt Practices Act, 1883, provides that, except as permitted by the Act, no pavment shall lie made by any person in respect of the conduct or management of the election otherwise than by the election agent. The test that the Jiidges put before the Court was as follows : — Can it be doubted that this expense was incurred on account of this election — that is, one for the election of the candidates of the particular party in whose interest the placards were printed and ])osted ? For what other reasons were these placards issued ;-' It was clear to the judicial-minded that the return of the particular candidates was the only, or at all events the chief or predominant, reason. All of them were intended to operate in the favour of the Respondent — that is, the successful candidate against whose return the petition was set on foot; and one of the placards directly invited the voters to vote for him. So that in looking at Election Literature it evidently must be included in the candidate's Return of Election Expenses if his name and a request to vote for him appears on the papers thus sent out by friends interested in his election. Then if this expense is within the section it is also within the proviso, and must be I'eturned in the Election Expenses. By the provisos the section is not to be deemed to apply to any sum disbursed by any person out of his own money for any small expenses legally incurred by himself. Upon this Mr. Justice Cave gave his reasons. 156 THE candidates' and agents' guide. wliich are set out, and agents and candidates, of course, ai'e bound to act within the spirit of this decision. To my iiiiml the jiroviso is meant to apply to such small payments as the liirin<;^ of a cab by a (voluntarj') canvasser in order to go round canvassing (where no use is made of it for the purpose of taking any voter to the poll), or for telegrams or postage where the payee is not and does not intend to be repaid. It is not intended to apply to so large a sum as £20, although it might, perhaps, cover the purchase and distribution of Two Shillings and Sixpence worth of cartoons or any small ea'jieni'es of that kind ^chich is- not forbidden hij the Act, which a person who is not an agent may legally incur. The Judges held that the amount of nearly £'20 Avas not trivial, and the objection to its non-inclusion formed an illegal practice, for which the candidate, as -well as his agent, was responsible, and the seat was voided. The only safe plan will be for every bundle of literature Avhich is sent in from outside, whether from the National Liberal Federation, the Conservative Central Office, the Free Church Council, the London Municipal Society, or a local Ratepayers' Association, to be carefully and accurately scheduled, and its gi'iiuine and actual cost scheduled in the Retui-n of Flection Fx})enses Avheu sent in by the candidate. Pei-haps an exception may be made in the case of the licensed victuallers, and possibly of the teachers, the latter of whose interests no doubt are at stake in the forthcoming contest, but any literatui-e which contains the name of any particular candidate or candidates to be voted for may come within the Norwich Election Petition. Particular care must, however, be taken that the names of candidates in whose support circulars are issued are not inserted in the circulars, unless it is intended to schedule the cost in the Return of Flection Expenses. COUNTY COUNCIL ELECTIONS. 157 In the Cockermouth Division, where the publicans were naturally very active against the return of Sir Wilfrid Lawson, the test of Mr. Justice Channell was thus defined : — The difference between an act clone " for tlie conduct and management of the election " and a thing mereh' done for the promotion of the success of a particular candidate seems to me to be this : If another person pays an expense, and that expense is one of the ordinary expenses of the candidate, so that the doing of that by the third person relieves the candidate from part of his election expenses, then the candidate must treat that assistance given to him in respect of his election expenses, and must treat the expenses (so incurred) as part of his election expenses (and within the maxima) They, the Liberal Unionists, supply people with tea, and so on, at less than it costs. They were evidentlj' doing what would have been a very dangerous thing if they had been acting on behalf of any candidate He is not bound to include entertainments and expenses of other people which have nothing to do with the election expenses But no candidate can prevent any people who think they would like him to be elected because they think him more in accordance with their own special views either upon vaccination or upon temperance, or any of the other things which people have strong opinions about, incurring expenses, printing literature, and doing various things in support of the particular candidature, and none of those things come into the candidate's expenses. But the ordinary political worker will hardly realise the difference, and even the trained, but not legal, agent will see elements of danger in all such teas and outside uncontrolled activity, especially if the candidate be present or votes be asked for on his behalf. It is most important that neither the candidate nor any one who can be legally defined as his agent — ^viz., an active supporter, whose help he makes use of and adopts — should provide meat, drink. or refreshments of any kind at a political meeting where the candidate is present or to which electors or ])olitical workers are invited ; a breakfast to the lattei", altliouLih 158 THE candidates' and agents' CiL'lDE. they were all volunteers, cost Sir Fras. Sharp Powell his seat at Wigan, and supplying the loss on P. L. tickets for refreshments lost Sir Horatio Davies his seat at Rochester. The presiding Judge at the Stepney Election Petition in 1892 said that he saw no ground at all for saying that the expenses of the local Licensed Victuallers' Association should he deemed to be election expenses ; and his remarks were generally approved hy two other Judges in the Cockermouth case. The expenses of the Association appear to have been incurred for their own purposes — i.e. for their own intei'ests as licensed victuallers ; and if at the election of 1904 the teachers, or even the Free Church Council or the National Society, of Broad Sanctury, Westminster, or the Chiirch Defence Committee, can keep within the tests laid down in both or either of the foregoing cases, they may issue what literature they please, and take part in the work of an election, without having to make a return of the cost of such litei'ature or reckon such work as Avithin the maximum ; but they must be careful not to recommend any particular candidate by name, as, if they do, they come within the Norwich decision. In the Stepney Election Petition case the Judges added — No doubt thoy (the Licensed Victnallei's) were desirous to assist Mr. Isaacson, whom they preferred as a candidate to Mr. Thompson, bnt it does not follow that because they were desirous of doing that every expense that the}' chose to run into would become an election expense. They may have made themselves election agents for Mr. Isaacson, or that any corrupt practice traced to them might unseat him, . . . but it does not follow that because that is so every expense that they resort to thereby becomes an election expense which must be paid by Mr. Isaacson [or scheduled by his agent as an election expense] If that were so the fate COUNTY COUNCIL KLECTIONS. 159 of a candidate would be very deplorable. He would have no control over persons who chose to say they were acting in his interest and for his benefit, and would be cotniiellod to pay every expense that they might think fit to incur I do not think that the Licensed Victuallers' case was one in which it can be said the expenses were expenses of conducting the election, and not expenses incurred by the Association for their own ends and for their own purjioses, .... ((uite distinct from Mr. Isaacson's election expenses, although undoubtedly his election was one of the things which they were anxious to secure. The candidate and his agent must be careful not to accept in any way tlie direct agency of these outside workers ; and if their expenses are not to be his expenses, and their acts not to be adopted as his acts, the organisations must be distinct and bond fide. Of course, if persons bribed on behalf of a particular candidate no doubt that candidate woukl be unseated, and probably there are other illegal practices known to the law which, if they were guilty, might void the candidate's return. I have carefully put before those engaged in these contests the two controlling decisions, and I still adhere to my opinion that, for safety's sake, all literature should be paid for and returned for and by the candidate and his agent, and that whatever social, parochial, diocesan, religious, or sectarian interference and assistance there may be, it should not be of that character which would be construed as amounting to an adoption of such work by the candidate or his agent and the necessity of accepting a legal agency and responsibility. Inviting him to meet the voters at a Smoking Concert or Tea gathering, and providing meat, drink, or refreshment by the Association or other individuals will be found to be a corrupt practice. 160 THK candidates' AND AGKNTS' CiUlDb). Mural Decorations and Banners. Tlie question of Mural Decorations and Banners will require some care on the part of as'ents, for the Judges have gone with great nicety into the cjuestion of what is a banner and how payment for banners is an illegal ]iractice. In the Stepney Election broad strips of canvas, with the woi'ds " Vote for Isaacson," were stretched across different streets throughout the constituency, and as these were paid for by the candidate both the Judges held it to be an illegal ])ractice. Mr. Justice Cave said : — I am clearly of opinion that those canvas advertisements, as they have been called, arc banners, and nothing else I do not think that it was the intention of the Act to preclude this kind of marks of distinction which might lead to a fight, because if it had been so it seems to me that all colours, all badges, all banners, must have been made illegal, because, whether they are paid for by the candidate or by an agent, .... or by some other person with more money than wit .... who is not an agent or whether they are given away by some person who does not buy and jjay for them .... but gives them away out of his own stores, .... it cannot make the (slightest difference with regard to their provocative effect What was intended to be struck at was the waste of money at elections which served no useful purpose at all A maximum was fixed. This will require care on the ])art of both agent and candidate to see that no such canvas banner or streamer is stretched across the street nxid find its way under any heading into the election accounts, wliich must be cleai- and definite and filed with the Town Clerk, with the names and addresses of every person employed, and a definite stateinent or account of eveiy payment over fortv shillings. COUNTY COUNCII- Kl-HCTl(iNS. 161 Clerical Influence. Considering the active interest taken in County Council Elections by clergymen and ministers of all denominations. Loi'd Justice Fitzgerald's remarks in the Longford Petition may be given as well defining the limits of clerical direction and influence : — In considering what I call here " undue clerical influence," it is not my intention in any way to deti-act from the proper influence which a clergyman has or by a single word to lessen its legitimate cxei'cise He must not hold out hopes of reward here or hereafter, and he must not use threats of temporal injury or of punishment hereafter. He must not threaten to excommunicate or to withhold the sacraments, or to expose the partj^ to anj-^ other religious disability, or denounce the voting for any particular candidate as a sin or as an offence involving punishment here or hereafter. If he does so with a view to influence the voter, or to affect an election, the Law considers him guilty of undue influence. On the other hand, to state that one candidate was "a man of God" and that the other -was a person of indifferent character might render the preacher liable to an action for slander, but would not bring him within the meshes of the Law for clerical or spiritual intimidation. Lord Justice Vaughan Williams gave an ohiter dictum in Chambers restraining a Temperance enthusiast : that although he might state that the publican and his customers would go to hell, such a statement was not illegal, but to say that the publican would lose his licence in consequence Avas restrainable at law ; and an injunction was granted accordingly. This, however, is not a reported case, and could hardly be cited to another Judge, but it is no doubt souiul ];iw II 162 THE candidates' and agents' (ILIHE. Committee Rooms. The following allowance is made for Committee Rooms for elections to a County Council : — One committee room for each electoral division. If the number of electoi's in sutdi division exceeds two thousand, one additional committee room for every two thousand electors or ])art thereof. The use of committee rooms lent voluntarily is not restricted, provided they are not in prohibited premises. It should in this connection be most carefully remembered that no committee, public, or other meeting in support of any County Council candidate can legally be held upon any" licensed premises or on any' premises used as a political club, or any premises where refreshments of any sort (alcoholic or non-alcoliolic) are ordinarily sold for consumption (m the premises. It is also equally well established that no meeting can be held in a hall which is in any Avay connected Avith a club where refreshments can ordinarily be obtained, or where the connection is or may be locked or detached. If there can be found any method of ordinary communication between the hall and such premises the disqualification applies, and the tine of £100 and disqualification on account of the illegal practice follow. The section of the Statute does not, however, a]>])ly to any part of premises where drink oi- food is sold which is ordinarily let for the purpose of chambers or offices, or for the holding of public meetings or arl^iti-ations, if such part COUNTY COUNCIL KLECTIONS. 163 has a separate entrance and there is no direct communication with any part of the premises in which the food or drink is sokl. The use of public elementary schools as committee rooms is not prohibited, as at Parliamentary Elections ; but it is not advisable that they should be used for the pui'pose. County Council Election Expenses. The cost of the campaign is strictly limited and must not exceed £25, unless the number of electors exceeds five hundred. As in every Metropolitan area the voters are numbered by many thousands, the candidate must calculate first of all the initial l)asis at £25 for the first five hundred electors and then add threepence per head for each elector after the first five hundred. Where there are two or more joint candidates at an election the maximum of expenses shall, for each of such joint candidates, be i^educed by one fourth ; or if there are more than two joint candidates (as in some Provincial Councils), by one thii-d. In the Metropolis, where there will probably be in each Parliamentary Division two joint candidates running together, the two £25 for each County Council candidate will be reduced fi'om £50 to £37 10s., and the joint expense per head pei-mitted for each voter after the first five hundi'ed will be fourpence halfpenny instead of sixpence. Section 21 of the Act of 1889 makes it clear how claims are to be made and how and when they may be paid. Every claim against any person in respect of any expenses incurred by or on behalf of a candidate at an election of a Councillor must be sent in within fourteen 164 THE candidates' and agents' guide. days after the day of election, and if not so sent in shall be barred and not paid, and all expenses incurred shall be paid within twenty-one days after the election and not otherwise. Every agent of a candidate at an election of a Councillor shall within twenty-three days after the election make a return to the candidate in writing- of all expenses inciii'red by such agent in respect of the conduct or management of such election, and the candidate must send in sucli return signed by himself, or it must be sent in on his behalf, to the County Council Clerk within twenty-eight days. Clerks and Messengers. The question of Clex'ks and Messengers to be employed nuist also be studied, for though an agent may be appointed there is no provision for his separate paj^ment, as in a Parliamentary campaign. He must therefore be returned not as an agent in addition to tlie clerks and messengers, but he must be included in the number allowed by the Act, and his remuneration must necessarily be fixed within the maximum set forth : viz. £25 or £37 10s. for the first five hundred and the threepence or fourpence halfpenny per head allowed for each elector after the first five hundred. The Election Return Declaration &c. must, in such a case, be made by the Ciindidate or candidates and not by the agent (vide preceding pai-agi/aph). As to the number of paid clerks and messengers the provisions of the law are veiy clear. COL'XTY COUXCIJ. KLKCTIONS. 165 Two clerks or messengers — i.e., two, not four, paid employes for any borough or ward of two thousand electors, and one person in addition, Avhether clerk or messenger, for every one thousand or incomplete thousand electors after the first two thousand, so that if there are three thousand and one electors there may be four persons emploj-ed, and if there ai*e three thousand nine hundred and ninety-nine votei's the four persons may not be exceeded. On the polling day one polling agent may be employed in each ward in addition. Illegal Expenditure. The following Illegal Expenditure must not be provided by the candidate or his agent, or by any other pei'son : — On account of conveyance of the electors to and from the polling place, Avhether by hiring of horses or cai'riages, or for railway fares, or otherwise. Xo payment must be made 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 address, bill, or notice. An exception is, however, made as to professional bill posters ; for 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, is not deemed to be an illegal expenditure. But of course such a payment must be within the maximum allowed. 166 THE candidates' and agents' guide. Illegal Practices. A person must not let, lend, oi' employ, for the purpose of conveying voters to or from the poll at a County Council Election, any pulilic stage or hackney carriage, or any horse or other animal kept or used for drawing the same, or any carriage horse or other animal which he keeps or uses for the purpose of letting 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 fi'om the ])oll, he will be guilty of Illegal Hiring. Persons legally employed for })ayment and voting are guilty of an Illegal Practice. It is also an Illegal Practice to issue any bill, placard, or poster without the name and address of the ]>rintcr and publisher. Any person who befoi-e or during an election knowingly ])ubHshes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or ])rocuring the election of another candidate is guilty of an Illegal Practice. No payment may be made foi' Ijands of music, torches, flags, banners, cockades, ribbons, or other marks of distinction. In the Walsall case a hat card was considered by the Judges to lie a " mai'k of distinction "' within the Act. It is an Illegal Practice knowingly to provide money for any payment which is contrary to the provisions of The Municipal Elections (Corrupt and Illegal Practices) COUNTY COL'NCII- ELECTIONS. 167 Act, 1884, or foi' any expenses incuiTecl in excess of any maximum allowed by the Statute, or for replacing any money expended in sueli pa^-ment. Return of Election Expenses. Within twenty-eight days after the day of election of a Councillor every candidate at such election shall send to the Clerk to the County Council a return of all expenses incurred by such candidate or his agent on account of or in respect of the conduct oi- management of such election. Except in the case of sums under twenty shillings, the return must be accompanied l)y bills stating the particulars of receipts and b}' a declaration of the candidate made before a Justice in the form set forth in the Fourth Schedule of The Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (see p. 193). After the expiration of twenty-eight days the ^Member must neither sit nor vote until his Return Declaration as to Election Expenses has been sent in. The County Coui-t for the district in which the election has been held, or the High Court, or an Election Court, may, on application either of the candidate or a creditor, allow any claim to be sent in and any expenses to be paid after the time limited by this section, and a return of any sum so paid shall forthwith, after payment, be sent to the Clerk to the County Council. Before any application for relief can be made to the County Court or to the King's Bench Division of the High Court, two days' notice of motion must be served 168 THE CANDIOATK.s' AND AtiKNTs' GUIDE. upon the other candidate or candidates upon the Clerk to the Connty Council, and an attidavit must be forth- • coming- that public notice by advertisement, placards, &c., of the intended application has been made in the Electoral Division. Register of Voters. The candidate or agent is particularly I'eminded that the Eegister is not that of the Parliamentaiy campaigns, but is that known as " the List of County Electors." con- taining women ratepayers, owners, and parochial electors. The following notes are based on the personal experiences, and are from the pen, of my agent Mr. J. Ledger Keating, who has gone through many a Borough and County Election in different parts of England :■ — Qualification. — In the case of a County Council Election it is important to ascertain that the proposed candidate is legally qualified to be elected. Tlic (pialilicatiun is defined by Section 11 of The ^Municipal Corpoi-ations Act. 1882, the practical effect of which is that any person who is properly enrolled as a county elector, and in respect of whose registration there is no defect, may be elected a Councillor for that county. A person who is enrolled in one division is also entitled to be elected for any other division of the same administrative county. An elector who is only on the Parliamentaiy Register in respect of occupation (e.r/. lodgings or service) is not qualified to be elected a County Councillor. COUNTY COUNCIL EF,KCT10NS. 1<)9 Expenditure. — The sum which a candidate may expend in the conduct and management of an election is regulated under The Municipal Elections (Corrupt and Illegal Practices) Act, 1884, by a scale which allows a maximum of £25 for the fii'st five hundred electors, and threepence for each elector above that number. The authoi'ised expenditure will not admit of any great outlay on committee rooms, wages of clerks and messengers, printing, advertising, or bill posting, and it will be found absolutely necessary to confine these items within the most moderate limits. Committee Rooms. — One Committee Room is alloAved to be hired for each Electoral Division, or if the number of electors exceeds two thousand, one additional committee room for every additional two thousand or part of that number. The use of committee rooms lent voluntarily is not restricted, provided they are not on prohibited premises. Employment. — The number of persons who may be employed for payment as clerks or messengers or in other capacity is two persons for not more than two thousand electors, and one additional person is allowed for every further one thousand electors, or part of that number. There is no provision authorising the payment of an election agent as such. Anyone acting in that capacity must do so without remuneration, but the necessary work which at a Parliamentary Election falls to the agent may be performed by a superior clerk, who must be included 17(i THE candidates' and agents' guide. among the number of clerks authorised by the Act. 'J'he usual remuneration is, for ordinary clerks, £2 2s. ]ier week, and messengers 30s. per Aveek. Polling agents, one of whom is allowed for each polling station, may be paid, the rate varying from 10s. 6d. to £1 Is. for the day, biit it is usually found that the expenditure allowed will not admit of the employment of paid polling agents at Municipal or County Council Elections. Nomination. — Every candidate must be nominated in WTiting by two registered county electors of the Electoral Division for which he stands. Eight others must assent to the nomination. An elector who is only on the Parlia- mentary Register is not qualified to sign. Beturn of E.rpenses. — Claims in respect of the election expenses of a candidate must be sent in within fourteen days after the election. All such exjienses must be paid within twenty-one days, and every candidate must, within twenty-eight days after the election, send to the Clerk to the County Council a return of all expenses incurred by liim. together with the l)ills stating the particulars. [{RIBKRY DKFINED. 171 APPENDIX A. Enactments Defining the Offences of Bribery and Personation. ' ' Bribery ' ' Defined. THE CORRUPT PRACTICES ACT, 1854, (16 & 17 Vict. c. 102, Sections 2 and 3.) 2. The following persons shall be deemed guilty of bribery, and shall be punishal)Ie accordingly : — (1) Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give, lend, or agree to give or lend, or shall oft'er, promise, or promise to procure or to endeavour to procure, any money or valuable considei'ation to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce any voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of such voter having voted or refrained from voting at any election : 172 TUB candidates' and agents' guide. (2) Every person who shall, directly or indirectly, by himself, or 1)y any other person on his behalf, give or procure, or n^ree to give or pi'ocure, or offer, promise, or promise to prociire or to endeavour to procure, any office, place, or employment to or for any voter, or to or for anj- person on behalf of any voter, or to or for any other person in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of any voter having voted or refrained from voting at any election : {'■]) Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, make any such gift, loan, offer, promise, procure- ment, or agreement as aforesaid to or for any person, in order to induce such person to prociire or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election : (4) Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, pi-ocure or engage, promise, or endeavour to procure the I'etuin of any person to serve in Pai-liament, or the vote of any voter at any election : (5) Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with tlie intent that such money or "lUailEKv" DKFINKD. 173 any part thei-eof shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid any money to any ]ierson in discharge or repayment of any money wholly or in part expended in bribery at any election. Provided always that the aforesaid enactment shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses hand fide incurred at or concerning any election. 3. The following persons shall also be deemed guilty of briber}-, and shall be punishable accordingly : — (1) Every voter who shall, before or during any election directly or indirectly, by himself or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election : i'l) Every person who shall, after any election, directly or indirectly, by himself or by anj^ other person on his behalf, receive any money or valuable consideration on arcouut of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election. It should be noted that the person who receives, as well as the pei'.son wlio pays or offers, is subject to the pains and penalties of the Statutes against bribery. 17-i THE CANDIDATKS' AND AGEXTS' GUIDE. Corrupt Payment of Rates to be Punishable as Bribery. THE REPRESENTATION OF THE PEOPLE ACT, 1867. (30 & 31 YicT. c. 102, Section 49.) 49. Any person, eitliei' directly or indirectly, corruptly paying any rate on behalf of any ratepayer for the purpose of enabling him to be registered as a voter, thereby to influence his vote at any future election, and any candidate or other person, either directly or indirectly, paj'ing any rate on behalf of any voter for tlie purpose of inducing him to vote or refrain from voting shall be guilty of bribery, and be punishable accordingly; and any person on whose behalf and with whose privity any such payment as in this section mentioned is made shall also be guilty of bribery, and punishable accoi'dingly. This section is re-enacted, as regards Scotland, by The Repre- sentation of the People (Scotland) Act, 1868 (31 & 32 Vict. c. 48), Section 49. Corrupt Payment of Registration Fee to be Punistiable as Bribery. THE UNIVERSITIES ELECTIONS AMENDMENT (SCOTLAND) ACT, 1^81. (44 & 45 Vict. c. 40, Skction 2.) 2. Any person, either directly or indirectly, cori'uptly paying any fee for the pui-pose of enabling any person to be registered as a member of the general council, and 175 thereby to influence his vote at any future election, and any candidate or otlier ]ierson, either dii'ectly or indirectly, paying such fee on liehalf of any person for the purpose of inducing him to vote, or to refi'ain from voting, shall be guilty of bribery, and shall be punishable accordingly ; and any person on whose belialf and witli whose privity any such payment as in this section mentioned is made shall also be guilty of bribery, and punishable accordingly. Personation Defined. THE BALLOT ACT, 1872. (35 & 36 Vict. c. 33, Section 2-i.) 2i, A pei'son shall, for all purposes of the laws relating to Parliamentai'y and Municipal Elections, be deemed to be guilty of the offence of personation who, at an election for a county or borough, or at a Municipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person, or who, having voted once at any such election, applies at the same election for a ballot paper in his own name. This definition should be extensively known, and a prosecution instituted when the offence is committed. The punishment is imprisonment with hard labour for a period not exceeding two years, and it cannot be mitigated. 17(; TU1-: candidates' AN'D agents' (iUIDK APPENDIX B. Forms to be used in a Parliamentary Election. The following forms are necessary to be used before or after a Parliamentary Election in order to comply Avitli tlie requirements of The Ballot Act, 1872, and The Coi'ru]it and Illegal Practices Prevention Act, 1883 : — 1. APPOINTMENT OF P:LECTI0N AGENT. NoHcf to he give)i to lyefiiniuid Officer} PARUAMEXTAKV ELECTION, liK) . I. , of being one of the Candidates at the Parliamentary Election for the County [or Borough] of , do hei'eby nominate Mr. , of to be tlio I*]lection Agent for me and on my behalf in pursuance of The CoiTupt and Illegal Practices Prevention Act, 1883, Section 24. ' This Notice should be given to the Returning Oflicer as soon as the writ is issued and the campaign commenced. FORMS FOR L'SK IN A PARrJA.MKNTARY ELECTION. 177 The office or addi-ess of my committee room, to which all claims, writs, summonses, documents, and Parliamentary- notices are to be sent in pursuance of such Statute, is as follows : Dated the day of , 190 . Sigtied Tu the Eeturnuiy Officer for the County [or Borough'] of - 2. HIRE OF COMMITTEE ROOM. PARLIAMENTARY ELECTION, 190 . I, , of being Election Agent [or Sub-Agent] for , the Candidate at this PJlection, do agree to rent of Mr. , of for the price of per day [or Aveek], a Room [or Rooms] at , to be used imtil the close of the Poll ^ as a Committee Room for the said Candidate at the above Election. The above sum is to include all costs and charges. Dated the day of , 190 . Sigiipd Election Agent. I am ready to let on the above Agreement. Signed _^_ ' The Centra) Committee Room .should be hired for three days after the Poll in addition. 178 THE candidates' and agents' guide. 3. AUTHORITY FOR PETTY DISBURSEMENTS. PARLIAMENTARY ELECTION, 190 1, tlie undersigned, being- the duly appointed Election Agent for , hereby give you leave to incur and pay any necessary chai'ges for stationery, postage, telegrams, and other petty expenses in respect of the Parliamentary Election for the County [or Boi'ough] of , the entire sum not to exceed pounds shillings. All items of such payments must be returned to me within Ten Days after the Election, and are re([uired to be vouched for by receipts. Dated the day of , 190 . Signed To Mr 4. NOTICE OF APPOINTMENT OF COUNTY SUB-AGENTS. 1 PARLIAMENTARY ELECTION, 190 1, the undei'signed, being the duly appointed Election Agent for , a Candidate at the above Election, do hereby inform you that the under-mentioned ' This Notice must be delivered to the Returning Officer at least one clear day before the Polling. FORMS FOR USE IN A I'ARLIAMENTARY FLECTION. 179 persons have been appointed by nie to be the Sub-Agents for the said Election, to act within the Polling Districts set opposite their respective names, in pursuance of the Statute thei^ein made and provided. Pollinar Districts. Names and Addresses of Sub-Aorents. Office or Place to whicli Claims or Notices may be sent. Dated the day of Sig)ted __ , 190 . To the Retiirni^ig Officer for the Coimtij [or Borouglt] of- 180 THE candidates' AND AGENTS' GUIDE. 5. APPOINTMENT OF POLLING AGENT, CLERK, OR MESSENGER. PARLIAMENTARY ELECTION, 190 To Mr. , of I hereby give you authority to act as ^ at the above Election, the fee for which service will be per day. Your appointment will cease at the close of the poll, but it may be determined by at any time. No refreshments durino- the Election, nor allowance for the sam.e, can be provided or paid for by me or at the Candidate's expense. Dated the day of , 190 . Signed . —^ Election Agent [or dnly appointed Sub-Agent] for A Candidate at the above Election. 1 Here add "Polling A{?ent, Clerk, or Messenfjer," aa the caRC may lie. Where a Polling Agent is appointed, add "On the Polling Day." One Clerk and one Messenger are by law allowed for every complete five hundred electors in a Borough or County Polling District. If there be a number of electors over and above any complete five hundred or five hundreds, then one clerk and one messenger may be emploj-ed for each such number, although not amounting to a complete five hundred. One Polling Agent only is allowed for each Polling Station. No Elector who is paid bt/ any Candidate for his services can vote. FORMS FOR USE IN A I'AKLIAMENTARY ELECTION. 181 6. NOMINATION PAPER IN A PARLIAMENTARY ELECTION. (As prescribed by The Ballot Act, 1872}) We the undersigned \_name in full] of l_address in fulT\- in the [County, Division, or Borough'] oL and \_naine in full] - of \_address in full] in the [County, Division, or Borough] of being Electors for the [County, Division, or Borough] of , do hereby nominate the following person as a proper person to serve as Member for the said [County, Division, or Borougli] in Parliament : — Other Names. {Signature of Proposer). (Signature of Seconder) Abode. Rank, Profession, or Occupation. 1 Copies of this Form must be obtained from the Returning OflBcer. 182 THE candidates' and agents' guide. We the iindei'signed, being Registered Electors of the [^County, Division, or Borough^ of ? do hereby assent to the Nomination of the above-mentioned [insert the name of the Candidate in full] as a pi'oper person to sei-ve as a Member for the said [County, Division, or Borough'] in Parliament. (Signed) 1. , of 2. , nf 3. , of 4. , of 5. , of 6. , of 7. , of 8. , of 7. NOTICE AS TO DECLARATION OF SECRECY. (To he sent to FvlUng and Coiintiiitf Ai/enf!:.) PARLIAMENTARY ELECTION, 190 Dear Sir, It is necessary that you should attend at on , the day of next, fit o'clock in the noon, in order to make the Statutory Declaration of Secrecy which is requisite for all who appear on behalf of a Candidate at a Polling Station and at the Counting of the Votes. Yours faithfully, Election Aaent foi To Mr. FORMS FOR LSK IN A I'ARLIAMENTARV ELECTION. 183 8. STATUTORY DECLARATION OF SECRECY. I solemnly pi'oiiiise and declare that I will not at this Election for do anything forbidden by Section -i of The Ballot Act, 1872, which has been I'ead to me. 8i(j necl -Made and Subscribed / Signed before me this day of , 190 Justice of the Peace for the [or Returning Officer for the JVofe. — Section 4, al)ove mentioned, must be read to the declarant Ijy the person taking the declaration. The section is as follows : — 4. Every officer, clerk, and agent in attendance at a polling station shaU maintain and aid in maintaining the secrecy of the voting in such station, and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person, any information as to the name or nmnber on the register of voters of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark ; and no such officer, clerk, or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or othei-wise attempt to olitain in the ])olling station information as to the candidate for whom any voter in such station is about to vote, or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is abotit to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station. Every officer, clerk, and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any information obtained at such counting as to the candidate for whom any vote is given in any i)articular ballot paper. No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same, so as to make known to any person the name of the candidate for or against whom he has so marked his vote. Every person who acts in contravention of the provisions of this section shall be liable, on summary conviction before two justices of the peace, to imprisonment for any term not exceeding six months, with or without hard labour. 184 THE candidates' and agents' guide. 9. CANDIDATE'S DECLARATION" AS TO EXPENSES. 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 1 have examined the Return of Election Expenses [about to be] transmitted by my Election Agent [or, if the Candidate 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 a,n.y club, society, or association has, on my behnlf, made any payment, or given, jjromised, 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 sineei'ely tlcchire that I have paid to my Election Agent [if the Candidate is also his oivn 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 ecpiivalent for money lias to my knowledge or belief been })aid, advanced, given, or deposited by anyone to or in the hand.s of my Election FORMS FOR USE IN A PARLIAMENTARY ELECTION. 185 Agent [or, if fite Candidate it; his oxen 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 futui'e time make or be party to the making or giving of any payment, reward, office, employment, or valual)le 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) CD. Signed and declared by the above-named Declarant on the day of before me. (Signed) E.F., Justice of the Peace for 10. ELECTION AGENT'S DECLARATION AS TO EXPENSES. I. , being Election Agent to , 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 me to the Returning Officer at the said 186 TUE CAXDIJ»ATKs' AMU AGENTs' GUIDE. 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 solemnly and sincerely declare that, except as appears from that Return, I have not, and to the best of my knowledge and belief no other 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 tlie said Election. And I further solemnly and sincerely declare that I have i-eceived from the said Candidate Pounds and no more [or nothing] for the purpose of the said Election, and that, except as specified in the said Return sent by me, no money, security, or equivalent for money has been paid, advanced, given, or deposited by anyone 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 Dedarmif) A.B. Signed and declai-ed l)y the above-named Declai'ant on the day of liefore me. (Signed) E.F.. Justice of the Peace for FORMS FOR USE IN A PARLIAMKNTARY ELECTION. 187 11. RKTURN OF ELECTION EXPENSES. I, A.B., being Election Agent to CD., Candidate at the Election for the County [o/- Borough] of on the day of , make tlie following Return respecting Election Expenses of the said Candidate at the said Election [or, lohere the Candidate has named himself as Election Agent, I, CD., Candidate at the Election for the County [or Borough] of on the day oF , acting as my own Election Agent, make the following Return respecting my Election Expenses at the said Election] :■ — Receipts. Received of [the above-named Candidate] \_or, where the Candidate is his cnvn Election Agent, Paid by me] - - - - - - - £ Received oi J.K. - - - - - - £ {^Here set out the namex and descriptions of every person, club, society, or association, ivhether the Candidate or not, from ichom any money, securities, or equivalent in money ivas received in respect of expenses incurred on account of or in connection icith or incidental to the above Election, and 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 £ 188 THE candidates" axd agents' guide. Personal Expenses of the said CD., jDaid by himself \_0); if the Candidate is his own Election Agent, Paid by me as Candidate] - - £ Personal Expenses of the said C.lK, paid by me [_oi\ if the Candidate is liis own Election Agent, add acting as Election Agent] - - - £ Received by me for my services as Election Agent at the said Election [_or, if the Candidate is his oicn Election Agent, leave out this itern^ - - £ Paid to Ct.H., as Sub-Agent for the Polling District of - - - - £ [27*e name and description of each Sub-Agent and the sutn paid to him must he set out separately.] Paid to as Polling Agent - - - - £ Paid to as Clerk for days' services - £ Paid to as Messenger for days' services £ [The uames and descriptions of every Polling Agent, Cleric, and Messenger, and the sum paid to each, must be set out separately either in the account or in a separate list annexed 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 goods supplied or work or labour done : To P.Q. (Printing) £ To ^f.N. (Advertising) - - - - £ To E.S. (Stationery) - - - - - £ [The name and description of each person, and the nature of the goods su/pplied, or the work or labour done FORMS FOR USE IN A HARLIA.M EXTAKY ELECTION. 189 by each, inust he get out separately either in the account or in a separate list annexed to and referred to in the account. 2 Paid for Postage - - - - - - £ Paid for Telegrams - - - - - £ Paid for the Hire of Rooms as follows : For holding Public Meetings - - - £ For Committee Rooms - - - - £ [.-1 Boom hired for a Public Meetimj or for a Committee Room must be named or described so as to identify it ; and the name and description of every person to whom any payment ivas made for each such room, together with the amo^int paid, must he set out separately either in the account or in a separate list annexed to and referred to in the account.^ Paid for ^liscellaueoiis Matters : namely — l^The name and descrijition of each person to whom any sum is paid, and the reason for ivhich it was paid to him, inust he set out separately either in the account or in a separate list annexed to and referred to in the account.'\ In addition to the above, I am aware, as Election Agent for G.D. \_or, if the Candidate is his oicn Election Agent, leave out as Election Agent for CD.], of the following disputed and unpaid claims : namely — Disputed Claims. By T.U. for .... £ [Here set out the name and description of each person xvhose claim is disputed, the amount of the claim, a7id the goods, woj-li, or other matter on the ground of ivhich the claim is hased.'\ 190 THK candidates' AND AGENTS' GUIDE. Unpaid Claims allowed bj tlie 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. By M.O. for - - - - £ \_Here state the name and description of each person to whom any such claim is due, and the amount of the claim, and the goods, work, and labour or other matter on account of which the claim is dne.^ (Sighted) A.B. 12. DECLARATION AS TO EXPENSES. Form for Candidate where Declared a Candidate or Noviinated in his Absence and taking no Part in the Election. I, , having been nominated [or having been declared by others] in my 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 solemnly and sincerely declare that [or with the exception of ] I have not, and no person, club, society, or aasociation at my expense has, made any payment, or given, promised, or offex^ed any reward, office, employment, or valuable consideration, FOKMS FOR USE IN' A PARLIAMEXTARV ELECTION. 191 or incurred any liability on account of or in respect of the conduct or management of the said Election. And I fui'ther solemnly and sincerely declare that [^nr Avith 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 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 a party to the providing of any money, security, or equivalent of money for the purpose of defraying any such expenses. (Siguatnre 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 192 THE candidates' and agents' guide. 13. PERSOXATIOX QUESTIONS. With regard to the duty of the Polling Agent I'epre- senting a Candidate in a poll, either where there is any doubt in his mind as to the identity of an Elector who professes to have come to record his vote, or where he has any record that the Elector is dead or has gone away, there are a few statutor}- questions Avhich may be put to the applicant by the Returning Officer when the vote is challenged by the Polling Agent. They are strictly defined by law as follow : — (a) Are you the same person whose name appears as Y.Z. in the Register of Voters now in force for the Borough [or Cotmty] of ^ (b) Have yoix already voted, either here or elsewhere, at this Election, for the Borough [or County] of , either in this or any other Division ? When the Elector himself applies for a l)allot paper, and it appeai-s that someone else has voted in his name, the Returning Officer will give him a second paper of a different colour, and it will be marked by such officer as a "Tendered Vote." Questions as to its acceptance or rejection must be decided by the Returning Officer, or, in case of sci'utiny. l)y the Presiding Judges. FORM FOR USE IN A MUNICIPAL ELECTION. 193 14. DECLARATION BY CANDIDATE AS TO EXPENSES. MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL PRACTICES) ACT, 18S4. I, , having been a Candidate at the Election of Councillor for the Borough \_or "Ward] of , on the day of [and my Agents do hereby solemnly and sincerely declare that I have paid ] for my expenses at the said Election, and that, except as aforesaid, I have not, and to the best of my knowledge and belief, no person, nor any club, society, or association, has on my behalf, made any payment, or given, promised, or oifered any reward, office, employment, or valuable consideration, or incui^red 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, except as aforesaid, no money, secui'ity, or equivalent for money, has to my knowledge or belief been paid, advanced, given, or deposited by anyone to or in the hands of 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. 13 194 THE candidates' and agents' guide. And I further solemnly and sincerely declare that I will not at any future time make or be a 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 a party to the providing of any money, security, or equivalent for money for the purpose of defraying any such expenses. {Signature of T^erlarant) CD. Signed and declared by the above-named Declarant on the day of before me. {Signed) E.F., Justice of tlie Peace for INDEX. ABSENCE OF CANDIDATE : Appointment of election agent in. 27. ADYERTI.SEMENTS IN NEWSPAPERS, 83, 87. AGENCY: General, 33-37. Outside organisations, 36-37. Establishing, 37. Sub-agency, 38-41. Definition of "sub-agent," 40-41. Evidence of, on preparing for election petition, 141. AGENT (see Election Agent). APPOINTMENT : Election agent, of, 24-26, 27. Pro\isions of Statutes as to, 27. Forms for, of agent, 176-177. County sub-agents, 178-179. Polling agent, clerk, or messenger, LSO. BAITING: Payment for, an illegal payment, 109. Remarks of Judges as to, 109-110. BALLOT ACT, 1872: Definition of " Personation " in, 175. BALLOT PAPERS: Counters of, to make declaration of secrecy, 50, 182, 183. Disputed, 53-54. Invalid, 137 et seq. BANDS OF MUSIC: Where paying for, amounts to bribery, 101. 196 INDEX. BANNERS Specifically prohibited by statute if paid for, 111. Volunteers may provide, 111. Remarks of Judges as to, 113 et seq., 160. Marks of distinction, 115, 166. BARROW-IN-FURNESS PETITION : Reference to, 29. BILLS, BADGES, &c. -. Procuring copies of, 142. BOROUGH ELECTION EXPENSES: Aggregate amount allowed, 85. When joint candidates, 85. Various expenses detailed, 86-88. BOROUGH MEETINGS : At time of contests, 45-47. Expenses of, 83, 87, 130. Ward meetings, 129-131. Resolutions at, 131. Open to public, should be, 132. BRIBERY : Definition of, 92, 171. Illegal and corrupt practice, 92. Personal, by candidate, 93. Treating and, 94-97, 142. " Standing drinks " amounts to, 95-97. Penalties for, 105-106. Rates, corrupt payment of, ])unishable as, 174. Registration fee, corrupt payment of, punishable as, 174. CANDIDATE : Definition of "candidate," 21. Appointment of election agent in absence of, 27. Nomination of, 27, 170. Requirements of, in regard to election agent, 29. CANDIDATE'S EXPENSES : Views of Judges as to when they commence, 76. INDEX. 197 CANDIDATURE : When it commences, 21. Personal, 74-75. CANVASSIXG : Importance of personal, 25. General remarks on, 4-7. By paid election clerk, 48, 49. CHARGES : Returning Officer's, 89-90. CHARITY: Its limits and its dangers, 56-62. CHESTER PETITION: Reference to, 36. CHOICE OF ELECTION AGENT, 24-26. CITY OF LONDON: Special provisions with reference to, in IMuuicipal elections, 150. CLAIMS : Registration, by occupiers, 14-16. By lodgers, 16-18. CLERICAL INFLUENCE, 161. CLERKS AND MESSENGERS, 148, 164, 169. CLUBS: Political, 63-69. COMMITTEE ROOMS : Expenses of hire of, 84. Number allowed in Parliamentary contests (County), 82. (Borough), 86. No central, 'allowed for boroughs, 86. Watching of, 144. Use of public elementary schools not prohibited at Municipal contests, 163. Number allowed in Municipal contests, 148, 162, 169. Agreement for Hire of, Form of, 177. 198 INDEX. CONCERTS : Smokino-, 102-104. CONTEST, THE: Beginning of, and other matters, 42-44, 70. Meetings at time of, 45-47. Canvassing, 47-48. By paid election clerk, 48-49. Eve of the polling day, 49-50. Polling day, 50-53. Disputed ballot papers, 53-54. Declaration of the poll, 54. After the declaration, 55. CONTESTS : Municipal, 147-151. CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT. 1895 County election expenses, 82-85. Remarks and opinions by various Judges on, 12G-12S. False statements, 127-128. CORRUPT PAYMENTS PUNISHABLE AS BRIBERY : Rates, 174. Registration fee, 174. CORRUPT PRACTICES ACT, 1854: Definition of "bribery" in, 171. COUNTIES AND COUNTY DIVISIONS: Maximum expense in connection with election, 81. COUNTY COUNCIL ELECTIONS, 152-170. Expenses in connection with, 163, 169. Qualification of candidate, 168. Nomination of candidate, 170. COUNTY ELECTORAL DIVISIONS: Approximate division of costs, 82. COUNTY MEETINGS: Annually, should be held at least, 133. Resolutions at, 133. Speakers most acceptable at, 134. Local associations should be called by, 135. Press should be invited to, 136. INDEX. 199 DANGERS AND LIMITS OF CHARITY. 56, 62. DEFINITIONS : " Candidate," 21. " Election agent," 27. " Snb-agent," 40-41. '■ Illegal and corrupt jjractices," 92. "Bribery," 92, 171, 172, 174. •• Treating," 97. " Undue influence," 104. " Personation," 156, 175. DISTINCTION Between lodgers and occupiers, 10-11. Notice card and mark of, 115-117. ELECTION : When does it begin ? 70. ELECTION AGENT: Most suitable person, 24-26. Definition of, 27. Appointment of, in absence of candidate, 27. Member unseated owing to illegal acts of, 30. Applications for relief by, 31. Instructions to, 32. Printer's proofs, personal inspection of, by, 145. Position of, in Municipal contests, 147. Returns by, 149, 164. Appointment of. Form for, 176-177. ELECTION CLERK : Canvassing by paid, 48-49. ELECTION EXPENSES, 70-71. Personal, 22, 88-89. What are, 71 et seq. Secretary's salary, 72-73. Personal candidature, 74-75. Political agent, 75-76. When candidates' expenses commence, views of Judges as to, 77-81. Counties and county divisions, 81 et seq. County, 82-85. Meetings, of, 83, 87. Printing, of, 83, 84, 87. 200 INDEX. Election Expenses — continued. Stationery, of, 83, 87. Borough, 85-88. Returning officer's charges, 89-90. Miscellaneous matters, 90-91. Maximum expenditure in Municipal elections, 148. Return of, 149. In Municipal contests, 167, 170. Declaration as to, Forms of, 190-191, 193-194. Candidate's, 184-185. Election agent's, 185-186. Return of, Form of, 187-190. ELECTION LITERATURE : Distribution of, 44. General remarks on, 153. ELECTION PETITION : Preparing for, 140 et .'.ef^. See also under Petitions for vieicf< of Judges in varioii.-i cases. ELGIN AND NAIRN PETITION: References to, 40, 41, 71-74, 77, 78. ESTABLISHING AGENCY, 37. EXPENSES (see Election Expenses). FALSE STATEMENTS, 127-128, 168. FORMS TO BE USED IN ELECTIONS: Appointment of election agent, 176-177. Hire of committee room. 177. Authority for petty disbursements, 178. Notice of appointment of county sub-agents, 178-179. Appointment of polling agent, clerk, or messenger. 180. Nomination paper, 181-182. Notice as to declaration of secrecy, 182. Statutory declaration of secrecy, 183. Candidate's declaration as to expenses, 184-185. Election agent's declaration as to expenses, 185-186. Return of election expenses, 187-190. Declaration as to expenses, 190-191. In Municipal election, 193. Personation questions, 192. INDEX. 201 GENERAL AGENCY, 33-37. HAGGERSTON PETITION: References to, 21, 22, 56-58, 74, 76, 80, 81. HAT CARDS, 112, 166. HEXHAM PETITION: References to, 29, 32, 94. HORSES AND CABS: Expenses of hire of, 82, 87. ILLEGAL AND CORRUPT PRACTICES: Definitions of, 92. Bribery, 92-97, 171-175. Treating, 94-101. Bands of music, 101, 166. Smoking concerts, 102-104. Nursing a constituency, 104. L'udue influence, using, 104-106. Illegal payments &c., making, 106-108, 166. Illegal hiring, 109-110, 149, 166. Trivial and lanimportant payments, 110-111. Banners and marks of distinction, using, 111-119, 166. Hat cards, using, 112, 166. Personating, 119. Voting when legally emploj'ed, 166. Printed matter, 166. Withdrawal of candidate, 166. ILLEGAL HIRING AND PAYMENT: Baiting, 109. Remarks of Judges, as to, 109-110. Presentation of gratuities to coachmen is an illegal payment, 110. ILLEGAL PAYMENTS AND PRACTICES: Instances of, 107, 108, 165, 166. Penalties for, 108. Payments for canvassing, 106. INSTRUCTIONS TO ELECTION AGENTS, 34. INVALID BALLOT PAPERS : Remarks of Judges at Cirencester as to, 137-139. 202 INDEX. "JOINT CANDIDATURE": Definition of, 153. .JOINT OCCUPATION, 7. KENNINGTON PETITION: Reference to, 4. LANCASTER PETITION : References to, 77-79, 101-103. LICHFIELD PETITIONS: References to, 34, 49, 58, 64, 79, 101, 104, 109. LODGER FRANCHISE: Qnalification for, 11. LODGERS: Claims by, 16. Particulars which must be given in claims, 17. LODGERS AND OCCUPIERS: Distinction between, 10, 11. Declaration in making claim, 17. MARK OF DISTINCTION: Distinction between notice card and, 115-117. Is a banner a mark of distinction? 115. MEATH PETITION: Reference to, 105. MEETINGS (see Borough Meetings and Couxtv Meetings) : On licensed promises, 47. MONTGOMERY PETITION: References to, 33, 100. MUNICIPAL CONTESTS, 147-151. Maximum expenditure, 148, 149. MUNICIPAL ELECTIONS ACT, 1884: Difference between this Act and Parliamentary Act of 1883. MURAL DECORATIONS, 160. INDEX. 203 MUSIC Not illegal, wheu, 101. Bands of, 101. NOMINATION OF CANDIDATE, 170. NOMINATION PAPER: Form of, 181-182. NORTH DURHAM PETITION: Reference to, 105. NORWICH ELECTION PETITION: References to, 154, 156, 158. OBJECTIONS : Notice of service of, 18. General grounds of, 19. OCCUPATION : Joint, 7. Successive, 7-8. OCCUPIERS : Claims by, 14. Particulars which must be given in claims, 15. Time by which claims must be sent in, 16. OCCUPIERS ENTITLED TO FRANCHISE: Overseers to publish lists of, 9. OLD BOROUGHS: Limitation of voting power in, 7. ORGANISATION AND REGISTRATION EXPENSES: General remarks on, 4. ORGANISATIONS: Outside, 36, 37. OVERSEERS' LISTS: Method of use of, 2. Publication of, 8. PAYMENTS: Illegal, 106 et seq., 154, 165. Trivial and unimportant, 110-111, 156. 204 INDEX. PENALTIES For bribery, treating, &c., 105. PERSONAL CANDIDATURE, 74-75. PERSONAL ELECTION EXPENSES : Unlimited, 22, 88. Over £100 to be paid through election agent. 88. PERSONATION : Examples of, 119. Penalty for, 119. Defined, 175. Statutory Questions, Forms of, 192. PETITIONS: References to— Chester, 36. Elgin and Nairn, 40, 41, 71-74, 77. 78. Haggerston, 4, 21, 22, 56, 58, 74, 76, 80. 81. Hexham, 29, 30, 32, 94. Kennington, 4. Lancaster, 77-79, 101-103. Lichfield, 34, 49, 58, 64, 79, 101. 104, 109. Meath, 105. Montgomery, 33, 100. North Durham, 105. Norwich, 154, 156, 158. Plymouth, 56, 59. Rochester, 22, 29, 32, 34, 42, 70, 76, 89 100. Rotherhithe, 149. St. George's-in-thc-East, 37, 58, 62, 64, 65, li:< 119. 128, 140 et seq. Salisbury, 35. Shoreditch, 58, 59. Southampton, 32, 109, 110. Stepney, 4, 32, 37, 42, 110, 111, 131, 154, 157, 158, 160. Stroud, 58. Sunderland, 29, 120, 122. Walsall, 29, 32, 36, 37, 70, 76, 113, 114. 166. Windsor, 60. Worcester, 99. INDEX. 205 PETTY DISBURSEMENTS; Authority for, Form of, 178. PLYMOUTH PETITION: References to, 56, 59. POLITICAL AGENT : Expenses of, 75-76. POLITICAL CLUBS: Remarks for guidance of candidate in connection with, 63, 147, 149. Supporting, 65-67. POLL: Declaration of, 54. Proceedings after declaration of, 55. POLLING AGENTS : Payment of, 170. POLLING DAY: General instructions with reference to voters. 31. Eve of, 49. POSTAGE : Expenses of, 84, 87. POSTING BILLS: E.^penses of, 84. PREPARING FOR ELECTION PETITION ; Evidence of agency, 141. Copies of bills, badges, &c., procuring of, 142. Cases of bribing or treating, investigation of, 142. Committee rooms, watching of, 144. Agent's personal inspection of printer's proofs, 145. PRIMROSE LEAGUE, 35, 67-69. PRINTING : Expenses of, 83, 84, 87. Personal inspection of proofs by agent, 145. To have name and address of printer and publisher, 107, 166. 206 IKDEX. QUESTIONS : Statutory, as to impersonation, 192. REGISTER OP VOTERS: Method of use of, 2. REGISTRATION : Introductory remarks, 1. Org'anisation and registration expenses, -4-5. Toting qualification, 5-7. Joint occupation, 7. Successive occupation, 7-8. Overseers' lists, 8-10. Distinction between lodgers and occupiers, 10-11. Lodger franchise, 11-12. Service franchise, 13. Claims by occupiers, 14-16. By lodgers, 16-18. Objections, 18-20. REPRESENTATION OP THE PEOPLE ACT, 1867 : Provision as to corrupt payment of rates, 17-i. RETURN OP EXPENSES IN MUNICIPAL CONTEST, 164, 170. RETURNING OFFICER'S CHARGES: Notice of election, 89. Police, personal, and other assistance, 89. Right to demand deposit before election, 89. Returning officer must give election agent detailed account of expenses, 89. ROCHESTER PETITION: References to, 22, 29, 32, 34, 42, 70, 76, 98-100. ROTHERHITHE PETITION : Reference to, 149. ST. GEORGE'S-IN-THE-EAST PETITION: References to, 37, 58, 62, 64, 65, 113-119, 128, 140 et seq. SALISBURY PETITION: Reference to, 35. 207 SECBECY: Declaration of, Form of notice as to, 182. Statutory declaration of, 183. SERVICE FRANCHISE : Qualification for, 13. SHOREDITCH PETITION: References to, 58, 59. SMOKING CONCERTS: Remarks of Judges as to, 102-104. Chairman of, should not pay for drink at, 102. Invitation to candidate to meet voters at, is a corrupt pi'actice, 159. SOUTHAMPTON PETITION : References to, 32, 109, 110. STATIONERY EXPENSES, 83, 87. STATUTORY QUESTIONS : As to impersonation, 192. STEPNEY PETITION: References to, 32, 37, 42, 90, 110, 111, 118, 131, 154, 157, 158, 160. STROUD PETITION: Reference to, 58. SUB-AGENCY, 38-41. Definition of "sub-agent," 40, 41. Touchers required for payments by, 39. SUCCESSIVE OCCUPATION, 7, 8. SUNDERLAND PETITION: References to, 29, 120, 122. SUPPORTING POLITICAL CLUBS, 65-67. 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ALPE, Barrister-at-Law, and of the Solicitor's Department, Inland Revenue. Revised and Amplified by ARTHUR B. CANE, B.A., of the Inner Temple, Barrister-at-Law. " The Ninth Edition of the Law of Stamp Duties does Mr. Cane every credit, and fully keeps up its high reputation for care, lucidity, and accuracy." — Irish Laiv Ti)nes. Price 2s. 6d. net; hy Post 2s. 9d. HOW TO UNDERSTAND THE BALANCE SHEET and other Periodical Statements. By a Chartered Accountant. The object of this work is to exjjlain, without the use of confusing technicalities, the constitution of the Balance Sheet and the various items contained therein, and to point out the essential difference between the Balance Sheet and other Periodical Statements now in use. Price 3s. 6d. net ; hy Post 3s. 9d. THE STORY OF THE BANK OF ENGLAND. With a History of the Money Market. By HENRY WARREN, Author of "Tour Bankers' Position at a Glance," &c. " An extremely useful volume. As Mr. Warren writes easily and knows his subject tlioroughly, the book can be read with as much interest by the man in the street as by those who have direct dealings with financial houses in the City." — Public Opinion. " Mr. Warren states his case fairly and clearly. The book will be widely read." — Tatler. 116 and 120 Chancery Lane, London, W.C. JORDAN & SONS, LIMITED, Second Edition. Price 12s. 6d. vet ; hy Post 13s. THE LAW OF TRUSTS AND TRUSTEES: wifli Explanatory Notes ; the Rules of Court under The Trustee Act, 1893, and The Judicial Trustees Act, 1896 ; a complete List of Trust Investments ; numerous Forms; references to all the recent Decisions on the Acts, and a Complete Index. By A. R. RU UALL and J. W. GREIG, Ban-isters-at-Law. By the same Authors. Price 10s. vet ; hy Post lOs. 6d. THE LAW AS TO COPYHOLD ENFRANCHISEMENT UNDER THE COPYHOLD ACT, 1894. Containing the Text of the Act with Explanatory Notes, Comparative Tables of Repealed Statutes, Minutes of the Board of Agriculture, Scales of Compensation, numerous Forms, and a full Analytical Index. A notable feature of this work is the large number of Forms, which have been prepared to meet almost every contingency that can arise in connection with the Enfranchisement of Copyholds. By thk samk Authoks. Price 5s. vet; hy Post i')s. 6d. THE LAW OF LAND TRANSFER by Registration of Title under The Land Transfer Acts, 1875 and 1897. Containing an Introductory Clia})tei' ; tlie full Text of the Acts with Explanatory Notes ; the Land Ti-ansfer Rules, 1898, with the Subsidiai-y Rules and Orders ; Tables of Fees; and a. Complete Index. Seventeenth Year of Puhlication. Price 21s. Post Free. THE MINING MANUAL for 1903. By WALTER R. SKINNER. A Record of Information concerning Mining Companies (Gold, Diamond, Silver, Copper, Tin, Iron, and other Mines, Collieries, Land and Explorations, &c.), followed by a List of Mining Company Directors and Soci-etaries, also ]\lining Engineers with their Company connections, and a Dictionary of Alining Terms. 116 and 120 Chancery Lane, London, W.C. JORDAN & SONS, LIMITED, DRAFT FORMS OF ^^Tcmoi'anbiims axxb ^x tides of |l55i50ciafion. rilHESE Draft Forms are now well known to and much nsed hy J\Iembers of the Legal Profession. They have been carefully drafted by an eminent Company Lawyer, and are re-settled from time to time whenever reprints are necessary or decisions in the Courts render alteration in any particular desirable. The object of the Drafts is twofold — first, to provide suitable Precedents on which the Practitioner may base the documents of any Company he may have to prepare ; and, secondly, to save the labour, delay, and risk of error which attend the writing out of lengthy documents. The Forms are also useful for laying before clients with a view to taking instructions as to the clauses to be adopted. In each Draft the Objects Clause of the Memorandum of Association is set out in the most comprehensive manner, 116 and 120 Chancery Lane, London, W.C. JORDAN & SONS, LIMITED, and in tlic Ai'ticles all the regulations are introduced which a wide experience of the working of the Companies Acts has shown to be necessary or desirable. The series of Memorandum and Articles of Association comprises three forms : — Form a contains a complete set of Articles entirely super- seding Table A, and is applicable to Companies inviting the Public to take Shares. Form B is chiefly intended for Private Companies, where Table A is adopted with modihcations. A copy of that Table, foolsca]) size, accompanies this Form. Form C has been drafted to meet the requirements of Shipping Companies, and contains special clauses as to Management. The Drafts are printed on one side of the paper, in such form that alterations can be made to meet the circumstances of each particular case, and where necessary explanatory notes are added. A Table of Stam]i Duties and Fees payable on Registration of Companies Limited by Shares is included with each Form. The price of each Draft is Three Shillings and Sixpence ; postage Fourpence extra. 116 and 120 Chancery Lane, London, W.C. JORDAN & SONS, LIMITED, DRAFT FOEMS OF TRUST DEEDS FOR SKCritlNO DEBENTURES and DEBENTURE STOCK. THE Draft Forms of Memorandums and Articles of Association referred to on the preceding pages have been found to be so useful to Solicitors that many enquiries have reached the Publishers for similar Draft Forms of Trust Deeds for securing the amounts raised by Companies and Corporations on issiies of Debentures and Debenture Stock. Jordan & Sons, Limited, are therefore publishing in Draft form the Trust Deeds contained in the present Edition of Mr. F. Goke-Browne's well-known work " Concise Precedents under the Companies Acts." Thei'e are two Forms — FORM A. — TRUST DEED for securing an Issue of DEBENTURES. FORM B. — TRUST DEED for securing an Issue of DEBENTURE STOCK. Both forms are very full, and have been prepared by Mr. Gore-Browne so as to be easy of adaptation to the various circumstances attaching to the property forming the security offei^ed by the Company or other body issuing the Debentures or Debentui'e Stock. The Draft Forms are printed on stout azure-laid foolscap, on one side of the paper only, and a Table of the Stamp Duties payable on Mortgages and Debentures (to Bearer and to Registered Holder), on issues of Debenture Stock, and on Registration and Transfers of the various documents, is given. The price of each of the Draft Forms is Five Shillings per copy ; postage Fourpence extra. 116 and 120 Chancery Lane, London, W.C. JORDAN & SONS, LIMITED, CORPORATE and COMPANY SEALS. JORDAN & SONS, LIMITED, are noted for the high quality of and the artistic taste displayed in the Corporate and other Seals designed and engraved by them. In consequence of their special facilities for the rapid execution of this branch of Art, they are enabled to supply Seals where necessary at exceedingly short notice. Japanned Cases for the safe custody of Seals, with two -good lever locks and duplicate keys, 12/6, 15/-, 17/6, and 20/-, according to size of Press. Mahogany Cases, with two patent locks and duplicate keys, from 30/- ►J— SKETCHES AND ESTIMATES FREE. H6 and 120 Chancery Lane, London, W.C. JORDAN & SONS, LIMITED, COMMON SEAL Engraved and Fitted to Screw Press, SIMILAR TO THIS From £5 5s. Od. COMMON SEAL Engraved and Fitted to Lever Press, SIMILAR TO THIS From £1 Is. Od. 7^£^iSk:^^>^ These Seals may be secured with Padlocks or Clamp fitted to the Press, or may he placed in Cases fitted with Two or more Locks. COMMON SEAL Engraved and Fitted to Lever Press SIMILAR TO THIS From £2. 116 and 120 Chancery Lane, London, W.C. JORDAN & SONS, LIMITED, JAPANNED CASES Fop Corporate and Company Seals. These Cases are for the purpose of securing the Seals of Corporations and Companies from use bj unauthorised persons, to keep the Seals free from dust, and to enable them to be easily carried from place to place. The Cases are fitted with two good lever locks, w'ith duplicate keys to each, and are stocked in five sizes, at the following pi'ices : — No. 1. (9x3^x4^) 12/6 No. 2. (10^x4x5i) No. 2a. (10x4x7i) No. 4. (13x5ix7i) 20/- The sizes given are Inside measurements. Other sizes made to order. 15/- 15/- No. 3. (12x4ixG) 17/6 Lettering Case with name of Corporation or Company involves a small extra charge, according to length of name. 116 and 120 Chancery Lane, London, W.C. JORDAN & SONS, LIMITED, DEED BOXES with FALL FRONTS. IRON STANDS DEED BOXES Iron Stand, containing Four Boxes, fitted with Lever Locks, with Two Keys and Brass Chains. Size of Boxes, 20§" x 12V' x U". Complete, without Divisions £3 Os. With Divisions £5 15s. In Whi WRITING ON CASES: te, Is. per dozen letters; In Gold, Is 6d. SECOND QUALITY. Complete, without Divisions £4 Os. With Divisions £4 15s. 116 and 120 Chancery Lane, London, W.C. Jordan & Sons, LIMITED, Make a Speciality of P^rinting Memo- randums and Articles of Association, Prospectuses, Trust Deeds, Debentures, Agreements, Reports and Balance Sheets, Minutes of Evidence, Provisional Orders, Petitions, and Legal, Parliamentary, and Company work of all kinds. Estimates given for the Printing and Piibtication of Legal and Scientific PVorks, and Books in General Liter attire. Jordan & Sons, Limited, are in daily attendance at the Companies' Registration Office, the Inland Revenue Department, the Bills of Sale Office, Stationers' Hall, the Registry of Wills, the Legacy and Succession Duty Offices, and the Registries of Births, Marriages, and Deaths, and give immediate attention to all matters entrusted to them in connection with those Departments. 116 & 120 CHANCERY LANE, LONDON Telegrams: "CERTIFICATE, LONDON." Telephone: 2.16 Holborn. UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY Tliis book is DUE on the last date stamped below NOV \ '-• m. 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