JBUM 
 
 
 
 jut 
 
 WnfiffW 
 
 
 
 
 ^^^«wi»^w«cc«;?5vv-.;^';^^^^ 
 
 Sea 
 
 
 
 
 
 
 
 
 ^^S 
 
 4'<^',:*;^agO«5«^^^ 
 
 H 
 
 s\h 
 
 wt 
 
 ^li^ 
 
 
 
 
 
 
 if 
 
 
 
 R 
 
 M 
 
 m 
 
 ill 
 
 
 
 
 
 
 I 
 
 
 
 
 
 i^ 
 
 
 Kl^ 
 
 
 
 
 
 
 
 ^^^^^^^^'?Si 
 
 Hi . (K 
 
 Sg 1 1 g^t m 
 
 i ^^^^i^^''^-" 
 
 H A 
 
 u 
 
 
 i' 
 
 l^fa 
 
 
 H 
 
 
 
 
 
 
 
 
 
 
 \m 
 
 SOUIH 
 
 1 
 
 
 
 
 ijmM 
 
 
 m 
 
 
 
 
 
 1 
 
 
 
 Ss i S^ltfSlfM 
 
 \m 
 
 &t ^^Us^n!^^^'^ 
 
 :RN REGIONAL LIBF 
 Di- COLOCO 
 
 
 m 
 
 
 
 ^^^^(^^^ 
 
 1 
 
 
 1 
 
 
 
 
 
 
 1 
 
 I 
 
 m 
 
 HH
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 PARKER'S ELECTION MANUALS. 
 
 A 
 
 MANUAL 
 
 Fdi; Tin: 
 
 YOLUNTEEE ASSISTANT 
 
 AT 
 
 AJJ. ELECTIONS HELD T'XDEIJ 
 
 THE COltHUPT PRACTICES ACTS. 
 
 KRA^'K K. I'AKKEK, 
 
 SOUCTTOl; AND I'ARl.IAllr.XTARV AGENT. 
 
 LONDON : 
 KNIGHT & CO., 90, FLEET STREET, E.C. 
 
 . 6 8 ''"'■
 
 PARKER'S ELECTION MANUALS.
 
 BY THE SAME AUTHOR. 
 
 A MANUAL FOR THE PRESIDING OFFICER 
 
 and POLL CLERK at all Elections held uuUer the Ballot Act, 
 1872. 
 
 A MANUAL FOR THE POLLING AGENT at all 
 
 Elections held un ler the Ballot Act, 1872, 
 
 A MANUAL FOR THE COUNTING ASSISTANT 
 
 and COUNTING AtiENT at all Ekctio.is held under the Ballot 
 Act, 1872. 
 
 A MANUAL FOR RETURNING OFFICERS and 
 
 JtEt'UlY KETUKNINU OFHCKRS at the First Election of 
 County Councillors in January, 1889. 
 
 THE POWERS, DUTIES AND LIABILITIES of 
 
 an KLECTION AGKNT and of a RETURNING OKFI ER at 
 a Parliaiueulary Election iu England or Wales. Second Edition. 
 
 THE ELECTION OF COUNTY COUNCILS under 
 
 the Local Government Act, 1S88. Se ond Edition. 
 
 AN ANALYTICAL INDEX AND DIGEST ot the 
 
 Supr. ni'; C uit of Juticature Acts and Kule.--. Second J-:diti<in, 
 Hevised ar<d Enlarged. 
 
 AN ANALYSIS AND INDEX TO THE BANK- 
 
 RUl'lCY ACr, 1869.
 
 iy. 
 
 PARKERS ELECTION MANUALS. 
 
 ;^|liCE_oep2^ 
 
 
 MANUkL J '^^^^,. 
 VOLUNTEER ASSISTANT 
 
 AT 
 
 ALL ELECTIONS HELD UNDER 
 
 THE CORRUPT PRACTICES ACTS. 
 
 .H 
 
 FRANK R. _PARKER, 
 
 SOLICITOE AND PAULIAMEKTARV AGENT. 
 
 LONDON : 
 KNIGHT ct CO., 90, FLEET STREET, E.C. 
 
 1802.
 
 LONDON : 
 
 PRINTED BY WILLIAM 0L0VVE5 AND SONS, LIUITEU, 
 
 . i 
 
 STJ.MFX)aD STREEr AKD CHARING CKOSS. 
 
 I
 
 PEE FACE. 
 
 The purposes aud capacities in which persons may be 
 employed for payment having, l)y the operation of the 
 Corrupt and Illegal Practices Prevention Acts, 188;->, 
 1884, been materially reduced, the acceptance of volun- 
 teer aid has become more and more general, and in some 
 constituencies may be said to be almost essential to 
 success in any election contest ; the limit also which 
 is now placed on the amount which the candidate or 
 election agent may incur for paid assistance has added 
 to the value of volunteer assistance. Accordingly, a 
 great part of the election work, which was formerly the 
 subject of remuneration, has now to be performed, if at 
 all, by volunteers ; and as the line between paid and unpaid 
 labour becomes more and more sharply defined, so also 
 do the functions which properly belong to the volunteer 
 assistant, as distinguished from those which may still be 
 more properly entrusted to the paid staff. 
 
 In the text-books on election law and practice are to 
 be found passages dealing with the status and position 
 of the volunteer assistant, the dangers or advantages of 
 having recourse to his aid and influence, the part he 
 usually or can safely take in the conduct or management 
 of an election, and otherwise discussing his powers, 
 duties and liabilities. But no work has yet ajipeared 
 solely directed to the subject. 
 
 ;ii)8142
 
 vi Prpfare. 
 
 It has therefore occurred to me that a Manual dealing 
 especially with the volunteer assistant may be of use. 
 Every politician likes to take some share in the work of 
 the election of his candidate, and is desiroiLS of learning 
 so much of the dangers and intricacies of election law as 
 may enable him to do his part without endangering his 
 candidate's election. To supply in some degree this 
 want has been my purpose in writing this book. 
 
 The use of legal terms and phrases has not been 
 wholly unavoidable, but it has been my endeavour to 
 express myself clearly and without ambiguity, and in 
 language that may be comprehensible by the layman as 
 well as by the trained lawyer. 
 
 F. R. P. 
 
 12 Xew Court, Carey Street. 
 Mny, 1892.
 
 CONTENTS, 
 
 PART I.— PARLIAMENTARY ELECTIONS. 
 
 CIIAr. lAIJK 
 
 I. — The Volunteer Assistant 1 
 
 IL — Canvassers and Canvassing 8 
 
 IIL — Committees and Committee Rooms 18 
 
 IV. — PcBLic Meetings, Speeches, and Reports ... 2S 
 
 V. — Bringing Voters to the Poll 41 
 
 VI. — Corrupt Practices 48 
 
 VII. — Illegal Practices, Payment, Employment and 
 
 Hiring 51 
 
 PART n— MUNICIPAL ELECTIONS. 
 
 VIII. — Differences between Municipal and Parlia- 
 mentary Elections 01 
 
 PART III.— COUNTY COUNCIL ELECTIONS. 
 
 IX.— Similarity of County Council and Municipal 
 
 Elections t;7 
 
 PART IV.— ELECTIONS OF LOCAL BOARDS, IMPROVE- 
 MENT COMMISSIONERS, POOR LAW GUARDIANS, 
 AND SCHOOL BOARDS. 
 
 X. — Differences between the above and Municipal 
 
 Elections 08 
 
 INDEX. 
 
 Index 71
 
 ABBREVIATIONS. 
 
 B. A The Ballot Act, 1872 (So & 3G Vict. c. 33). 
 
 C. I. P. P. A. . . The Corrupt and Illegal Practices Preveution 
 
 Act, 1883 (4G & 47 Vict. c. 51). 
 L. G. A. . . . The Local Goverumeut Act, 1888 (51 & 52 
 
 Vict. c. 41). 
 M. 0. A. . . . The Municipal Corporations Act, 1882 (45 & 
 
 46 Vict. c. 50). 
 M. E. C. I. P. A. . The Municipal Elections (Corrupt and Illegal 
 
 Practices) Act, 1884 (47 & 48 Vict. c. 70). 
 
 For other abbreviations, see the Tables of Abbreviations in ' The 
 Election Agent and Keturning Officer ' and ' The Election of 
 County Councils.'
 
 A MANUAL 
 
 FOR THE 
 
 VOLUNTEER ASSISTANT. 
 
 PART I. 
 
 PAKLIAMENTAEY ELECTIONS. 
 
 CHAPTER I. 
 THE VOLUNTEER ASSISTANT. 
 
 PAGE 
 
 Volunteers, tclien agents of 
 candidate 1 
 
 Functions of volunteer 
 assistants 2 
 
 No remuneration or refresh- 
 ment 2 
 
 Political associations . . 3 
 
 Candidate a subscriber . 6 
 
 Every volunteer assistant appointed or engaged with Volunteers 
 the knowledge and approval of the candidate or his ^Vents of 
 election agent, is an agent for whose corrupt and illegal candiiiate. 
 acts the candidate is responsible (see ' Election Agent,' 
 pp. 437, 442). Every volunteer assistant not so ap- 
 pointed or engaged, hut whose services are subsequently 
 adopted by the candidate or his election agent, is also 
 an agent for whose corrupt and illegal acts the candidate 
 is responsible (see ih. p. 449). A volunteer assistant 
 may thus, designedly or inadvertently, render the 
 election void for acts of which the candidate is entirely 
 
 [1] B
 
 2 Tlie Vohmteer Assistant. 
 
 CiiAi'. T. ignorant, and of which he would strongly disapprove 
 and do his utmost to suppress. Herein lies the danger 
 attending the acceptance of volunteer assistance, and the 
 reason of the natural reluctance and hesitation there is 
 in a prudent candidate or election agent before having 
 recoiu'se to such aid. Herein also lies the desirability of 
 extreme care in the selection of volunteer assistants, and 
 of the rejection of all those who cannot be relied on as 
 faithful, discreet, trustworthy, and well acquainted with 
 election law and its pit-falls. Lastly, herein lies the 
 necessity for extreme circumspection on the part of 
 the volunteer assistant lest he should, even inadvertently 
 or unwittingly, endanger the return of the candidate 
 whose election he desires to promote. 
 
 If it be determined to accept the aid of the volunteer 
 assistant (and his aid is practically indispensable in most 
 constituencies), he may act in any capacity to which it 
 may please the candidate or election agent to appoint 
 him. He may become the legal adviser, election agent, 
 sub-agent, polling or counting agent, and if he perform 
 all or any of these functions, he will find as full informa- 
 tion as the author is able to give him on his powers, 
 duties and liabilities in the author's other works on 
 election law. 
 
 But these functions are better and more usually left 
 to the paid staff, and the volunteer assistant can more 
 usefully act as canvasser, committee man, pul)lic speaker, 
 or general worker, and it is in soiue one or more of these 
 capacities that he is usually employed. These branches 
 of election law and practice accordingly form the subject 
 of the present Manual. 
 
 It must be borne in mind that the volunteer assistant 
 must be wholly unpaid, that the giving of refreshment is 
 only another form of payment {Barrow-in-Furness, 4 
 O'M. & H. 78), and that no office, place, or employment,
 
 (I 
 
 associa- 
 tions. 
 
 TliB Vohinieer Assisfant. 3 
 
 valuable security or other equivalent for money, or valu- Cifai-. i 
 able consideration (see C. I. P. P, A. s. G4) must be 
 given or promised, under penalty of an illegal employ- 
 ment (ih. s. 17), and of an illegal practice, ^^ilicll may 
 avoid the election, if given or promised by the candidate' 
 or his election agent {ib. s. 17 ; s. 21, sub. 2 ; s. 11), or 
 if paid by any agent (ib. s. 2S, s, 11). 
 
 A very serious question which arises for consideration Pol it i 
 in every constituency in which there is a political club or 
 association of the same political principles as those of the 
 candidate, is as to how far he shall intrust his interests 
 in their hands, or make common cause with them. To 
 use a colloquial expression, the candidate may " run " the 
 association, or the association the candidate ; there is 
 danger in either coiu'se, and yet, in many cases, the 
 candidate may find it hopeless to conduct his election 
 with success, if he wholly estrange himself from the 
 leaders and representatives of his political supporters. 
 On the one hand, such an association generally contains 
 within its ranks, the most active and valuable of the 
 candidate's supporters ; on the other hand, its members 
 and officers may be, and frequently are, insufficiently 
 experienced or informed as to the intricacies and dangers 
 of election law. 
 
 It is, therefore, very important that the candidate and 
 his election agent should consider how far they may 
 safely avail themselves of the assistance of any such club 
 or association. The legislature, while recognising the 
 existence of political associations, has not prohibited 
 them from taking part in an election, and thus has 
 impliedly feanctioned their doing so : but it throws upon 
 the candidate the onuf; of shewing that tlte act impugned 
 was innocent, or one for which he is not responsible 
 under election law. 
 
 Firstly. If the candidate is unwilling to run any risk 
 
 h 2
 
 4 The Volunteer Assistant. 
 
 CiiAV". I. with regard to the association, or to trust them in the 
 least, cares nothing for their assistance, and does not 
 fear their hostility or neutrality, he may decline to have 
 anything to do with them, and in that case they can 
 incur no expense in regard to the election, and conse- 
 quently can take hut little part therein. Where prac- 
 ticable, this is the only really safe course for a candidate 
 to pursue, and his only real security against responsibility 
 for corrupt and illegal practices committed by members 
 of the associ^ition. If he decide on this cour.5e, he 
 should resign any office he may hold in the association, 
 should keep his organization altogether apart from that 
 of the association, shou'd appoint an independent com- 
 mittee not limited to members of the association, should 
 abstain from using the rooms or offices of the association, 
 should appoint his own volunteer canvassers and workers, 
 and generally, ?iii as far as possible, should avoid com- 
 munication between himself, his election agent and stafp 
 on the one hand, and the association, its officers and 
 members, on the other. 
 
 Under such circimistances the association cannot, 
 for example, organise or superintend a canvass of the 
 constituency or any part thereof, for the purpose of 
 promoting the election of any particular candidate, 
 because it cannot incur the necessary expenses (C. I. 
 P. P. A. s. 28, sub. 2) ; nor can it employ any clerk or 
 person to arrange or analyze the result of any such can- 
 vass. For an association so acting to make any such 
 payments would be an illegal practice (//>.), rendering all 
 members who have taken part therein liable to fine and 
 punishment, and if the association or any such members 
 were held to be the agents of the candidate, his election 
 would be avoided {ib. s. 11). 
 
 This course does not debar the candidate and his 
 election agent from accepting such legitimate services as
 
 The Volunteer Assistant. 5 
 
 the association and its members are willing to render Ckap. r. 
 voluutarilj. Bnt if any such services are accepted, it is 
 eminently desirable that the candidate and his election 
 agent should carefully watch the proceedings of the 
 association and its members, and should at once break 
 off the connection and repudiate the association, if they 
 have reason to believe that it has acted, or is about to act, 
 in contravention of the law. 
 
 iSecondhj. If the candidate desire to retain the control 
 over the election, and yet to avail himself to some extent 
 of the assistance, power, and influence of the association, 
 he may direct his election agent to pay such of their 
 expenses as he may think proper, and though he will 
 thereby probably make them his agents, yet if he employ 
 them in particular transactions only, it is possible that 
 he may, by thus limiting the scope of their authority, 
 limit also his own liability, and so escape responsibility 
 for an illegal act done outside that authority (see 
 ' Election Agent,' pp. 442, 445). In this case the 
 candidate or election agent shoidd precisely define the 
 transactions in which they will employ, or seek the aid of, 
 the association, and should make these limitations widely 
 known to the officers and members of the association. 
 
 Thirdly. If the candidate allow the association to 
 undertake the conduct of the election, and place himself 
 unreservedly in their hands, he undoubtedly makes the 
 association, its officers and members, his agents (see ^ 
 ' Election Agent,' p. 44G), and must trust the success of 
 his election, and his freedom from su})sequent punish- 
 ment, entirely to them. In that case, the candidate will, 
 no doubt, appoint as his election agent any person whom 
 the association may nominate, the association will super- 
 intend the work of the election througlujut, and the 
 association or the candidate will supply the funds, as 
 may be arranged between them. The direct and zealous
 
 6 The Volunteer Assktont. 
 
 Chap. I. co-opcration of the association with the candidate will 
 thns be ol)tained to the fullest extent, the cost of the 
 election may be materially lessened, and the machinery 
 and influence of the association, and its branches or 
 affiliated associations, secured and utilised. This course 
 comprises the maximum amount of benefit which a 
 candidate can derive from the support of a political 
 association, and at the same time the maximum amount 
 of risk of the election being avoided for breaches of the 
 election laws. 
 
 It must be remembered that if the association be a 
 "permanent political club," its rooms can be used as 
 committee rooms ; but if it be not such a club, care must 
 be taken to ascertain, before its rooms are so used, 
 that it does not fall within the category of places pro- 
 hibited from use as committee rooms (as to which see 
 ]iost, p. 20). 
 Candidate In some parts of the country a practice appears to be 
 a sub- growing up by which a candidate, being a subscriber to 
 
 a political association, is deemed to be entitled, without 
 further payment, to the assistance of the paid officers of 
 the association in promoting his election, and yet not 
 bound to return his subscription to the association, or 
 any payment made by the association, in his election 
 accounts. It is sulwnitted that this practice is fraught 
 with danger to the candidate, and may in many cases 
 prove to be illegal. The provision by the association of 
 the services of such paid officers in furtherance of the 
 candidate's election, is a provision of paid employment, 
 or of money in connection with the election, and if it be 
 beyond the purposes, capacities, or amounts authorised 
 by law, it is illegal. The omission from the election 
 accounts of all allusion to the subscription and provision 
 of paid employment, is likewise illegal. And a careful 
 examination of the whole position will probably shew
 
 The VoJiniteer Assistant. 7 
 
 that tlie C. I, P. P. A. lias been offended against in other Chap. i. 
 
 respects. 
 
 These difficulties are sometimes recognised, and at- 
 tempted to be met, by the association appointing its paid 
 officer as " registration agent " merely, confining his 
 remnneration to services rendered in connection with 
 registration, and treating his services at elections as 
 rendered voluntarily, without payment, and as arising 
 solely from his strong political interest in the party. 
 But such distinctions will generally be found to be too 
 fine to be capable of being justified in law, or sustained 
 before any tribunal before whom the question may come.
 
 Ccm vassers. 
 
 CHAPTER II. 
 CANVASSERS AND CANVASSING. 
 
 PAGE 
 
 PAGE 
 
 Definitiovs 
 
 8 
 
 Canvass hook .... 10 
 
 Unpaid vohmteer canvassers 
 
 55 
 
 Canvasser's othfr requisites . 14 
 
 Persons dhqualified as 
 
 
 Expenses of cajivass . . „ 
 
 canvassers 
 
 9 
 
 Dangerous practices in 
 
 Eegister, icliere obtainable 
 
 
 canvassing . . , .16 
 
 and at what cost . 
 
 55 
 
 Canvassing by post ... 17 
 
 Definitions. To canvass is to solicit votes or interest, to use efforts 
 to obtain an office or position ; and a canvasser is one 
 who solicits votes or goes about to make interest (Web- 
 ster's Dictionary) ; one who solicits or persuades, or 
 attempts to persuade, any person to vote, or to abstain 
 from voting (see 45 & 4G Vict. c. 50, s. 77, now repealed 
 by 47 & 48 Vict. c. 70, s. 38) ; one whose influence with 
 the electors, either personal or by his powers of 
 persuasion, is relied on, as distinguished from a mere 
 messenger sent round to know how the electors mean to 
 give their votes {Bodmin, 1 O'M. & H. 120). Canvassing 
 may be either by asking a man to vote for A., or by 
 begging him not to go to the poll, but to remain neutral, 
 and not to vote for B. {Westhurij, ib. 5G). 
 
 Formerly canvassing was almost invariably paid for, 
 and paid canvassers formed an important part of the 
 candidate's paid staff. But canvassing and canvassers 
 arc not mentioned among the purposes and capacities 
 for which persons may now be engaged or employed for 
 payment or promise of payment (C. I. P. P. A. s. 17, sub.
 
 and Canvassing. 9 
 
 1 ; sell. I. pts. 1, 2), and the payment of eauvassers being Chap. II. 
 thus illegal, unpaid volunteers must be found to supply 
 their place, if a personal canvass be thought desirable. 
 
 Certain persons are altogether disqualified as can- Ppi-sons 
 
 disqnali- 
 VaSSerS. fied as .an- 
 
 No person miLst be engaged as a canvasser who, vassers. 
 within seven years, has been found guilty of any corrupt 
 practice by any competent legal tribunal, or by a com- 
 mittee of the House of Commons, or by the report of 
 an election judge, or by the report of election com- 
 missioners, for if the candidate personally engage such 
 a person as canvasser, knowing that he has been so 
 found guilty, his election may be declared void (;^1 & 82 
 Vict. c. 125, s. 44). Although paid canvassing is 
 abolished (as mentioned siqmi), this enactment is still 
 law, and it applies to a volunteer canvasser as well as to 
 the paid canvasser who might formerly have been 
 engaged (see North Norfom, 1 O'M. & H. 238) ; and if 
 the canvasser is engaged with the knowledge and consent 
 of the candidate, the latter has " personally engaged " 
 him within the meaning of this enactment {ib. ; approved 
 Norwich, 2 ih. 40), The employment of a scheduled 
 person after the expiration of the seven years does not 
 endanger the election, as the disability has then ceased 
 {Galwaij Countjj, ih. 52), 
 
 No peer, lord-lieutenant, prelate, minister of the 
 crown, crown servant, soldier, officer or constable of the 
 metropolitan or of any county or borough police, should 
 engage in canvassing, or be appointed or accepted as a 
 canvasser, as they are prohibited from using any 
 influence they may possess in the election of members 
 of parliament (see 'Election Agent,' p. 419). 
 
 In order to conduct a canvass, a copy of the register Register, 
 is required. This is obtainable in a county from the where 
 
 ^ T 1 <• 1 obtainable 
 
 clerk of the peace, and in a city or borough from the and at 
 
 what cost.
 
 s. 
 
 d. 
 
 . 1 
 
 
 
 2 
 
 {] 
 
 5 
 
 
 
 7 
 
 
 
 . 10 
 
 
 
 10 Canvassers 
 
 Chap. II. town clerk (G & 7 Vict. c. 18, s. 49). The charge is 
 regulated by sch. D, No. 2, to G & 7 Yict. c. 18, accord- 
 ing to the number of names, and is for every copy of 
 the register, or any part thereof, as follows : — 
 
 Not exceeding 1,000 names 
 
 Exceeding 1,000 and not exceeding 3,000 
 
 „ 3,000 „ „ 6,000 
 
 6,000 „ „ 9,000 
 
 „ 9,000 .... 
 
 Canvass The canvasser should also be provided with a canvass 
 
 bouk. book, and a pen and pencil. The following is a form of 
 
 canvass book : — 
 
 [ On both sides of cover.'] 
 [Name of county or boi'ough] Parliamentary Election 189 . 
 
 Polling District. 
 
 Polling Station. 
 
 Election of A. B., Esq. 
 Book No. 
 Mr. , Canvasser- 
 
 This book, when not in use, is to be returued to : — • 
 
 Mr. , Election Agent, 
 
 whose office is at : — 
 
 Street or House. 
 
 [Name of town]. 
 
 \_Inside front of cover.] 
 
 INSTRUCTIONS. 
 
 Mark a line ( I ) or a cross ( x ) in the appropriate column 
 (" For, Against, Doubtful ") to shew how, after personal inquiry 
 of the voter, or of his relatives, neighbours or friends (as you 
 may find best), you believe each voter will vote. If the voter
 
 and Canvassing. 11 
 
 declines to answer your inquiries, or claims the secrecy of the Chap. II. 
 
 ballot, he generally belongs to the opposite party. 
 
 If you find a voter holds strong views on any special point, or 
 desires to know your candidate's views on any such point, or 
 that it is desirable that he should have any particular leaflet 
 circulating at the election, but which you may not have with 
 you at the time— note the facts in the column headed " Special 
 points or Leaflet recpiired." 
 
 Distribute freely the candidate's address, and all the leaflets 
 with which you are entrusted; and when your supply is ex- 
 hausted, report the fact at your Committee Room. 
 
 If possilile obtain a promise to vote for your candidate from 
 every voter whom you canvass, and ask every voter to poll 
 early. A voter whose name is on the register, is entitled to 
 vote notwithstanding that he has since removed to another 
 address, and notwiths'anding that his name is incorrectly stated 
 on the ri'gister. 
 
 If any voter is absent, dead, or removed, mark a line or cross 
 in the appropriate column, and if the voter has removed, 
 ascertain his present address, and add it nnder his name. 
 Eeport all these cases as soon as possible at your Committee 
 -Room. 
 
 Fill up the daily return sheet (with which you are supplied) 
 from your canvass book at the close of each day's work, and 
 send such return into your Committee Room at once. 
 
 Report the results of your canvass at your Committee Room 
 on the poll day about every hour. 
 
 Take careful note of any practice which you may observe and 
 deem to be illegal or improper on the part of the opi>csite party, 
 and report same as soon as possible at your Committee Room. 
 
 \_0n page 1.] 
 WARNINGS. 
 
 You must Not give, offer, promise, or procure, either to any 
 voter, or to any other person for or on his behalf, any money, 
 food, drink, office, employment, or any other consideration. 
 
 You must Not threaten any voter, or any of his friends, 
 relatives or servants, with any consequences whatever. 
 
 You must Not counsel or induce any voter to vote twice, or
 
 12 
 
 Canvassers 
 
 Chap. II. to apply for a ballot paper in the name of any other person, 
 living or dead, or of any tictitious person. 
 
 You niUht Not pay for the conveyance of any voter to or from 
 the poll, or borrow or use any pnblic stage or carriage, or hort^e 
 or animal which is kept or used for letting out on hire. 
 
 You must Not induce or procure any prohibited person to 
 vote. 
 
 You must Wot publish a false statement of the withdrawal 
 of the opposite candidate. 
 
 You must Not incur any liability or make any payment 
 whatever, however small. 
 
 Y^'ou must Not vote if you are employed for payment or 
 promise of payment. 
 
 4:3" See also the Caution on the last page of this Book. 
 
 \_Canvass pages — pp. 2 et seg.]" 
 
 .Street or Place. 
 
 No. or 
 
 Name of 
 
 House. 
 
 Name of 
 Vot r. 
 
 No. on a 
 Register. £ 
 
 > 
 o 
 
 1 
 
 1 
 
 Politics. 
 
 C 
 
 & 
 
 '3 
 to 
 
 a 
 o 
 P 
 
 Special 
 I'uiiits. or 
 
 Leaflet 
 Required. 
 
 Re- 
 marks. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 * Note. — The columns headed " No. or Name of House ; " 
 " Name of Voter ; " " No. on Kep:ister." and all the blank spaces 
 on the cover, should be carefully filled up before the book is 
 handed to the canvasser. If the canvass is made on behalf of two 
 candidates, the columns " For," " Against," " Doubtful," must be 
 duplicated, and the names of the candidates written over each trio 
 of columns.
 
 and Canvassing. 13 
 
 [0;i last page, and inside back of cover.'] 
 CAUTION. 
 
 The election of A. B., Esq., for this county \or borough] w ill 
 be RENDERED VOID if any canvasser or volunteer assistant 
 commits any of the following offences : — 
 
 Corrupt Practices. 
 
 Bribery — whether by giving, promising, procuring, or re- 
 ceiving any money, valuable cousiderat on, oilice, place 
 or employment. 
 
 Treatirnj — dinct or indirect, whether by corruptly giving, 
 providing, \ aying for, accepting or taking, any meat, drink, 
 entertainment, or provision. 
 
 Undue influence — direct or indirect, whether by the use or 
 threat of force, violence, or restraint, injury, damage, harm, 
 or loss, abduction, duress, or fraudulent device. 
 Personation — or the aiding, abetting, counselling, or procuring 
 the commission of personation. 
 
 Illegal Practices. 
 
 Paying for the conveyance of voters to or from the poll. 
 Paying for the exhibition ofbills,\ All lawful contracts for these 
 
 add re- ses, or notices. I purposes have been entered 
 
 Paying ior any committee room J into by the election agent. 
 Paying any election expense otherwise than through the 
 
 election agent. 
 Paying any money provided for election expenses otherwise 
 
 than to the election agent. 
 
 The punishment for a corrupt practice, other than personation, 
 includes one year's imprisonment with or with(jut hard labour, 
 or a fine of two hundred pounds ; the punishment for person- 
 ation is two years' impri.sonment with hard labour ; and fevea 
 yeari incapacity to vote or to hold any jjublic or judicial office 
 follows in either case. 
 
 The punishment for an illegal practice may be a fl^ie <f one 
 HUNDREO POUNDS and five years' incapacity to vote in tiiis county 
 \<ir borough]. 
 
 Chap. II.
 
 IJ: Canvassers 
 
 II. Where information is given to the Public Prosecutor that any 
 corrupt or illegal practices have prevailed, it is his duty to make 
 such inquiries, and to institute such prosecutions as the case 
 appears to him to require. 
 
 Oftenders are also liable to be ordered to pay costs. 
 
 All ptTSons assisting in the election oi A. B,, Esq., are hereby 
 warned and prohibited from committing; any of the above 
 ofiences, or any other offence against the law. No voter 
 employed for payment can vote, aud no person employed for 
 payment should canvass. 
 
 The canvasser should also possess a sufficient number 
 of the candidate's address to the electors, printed on 
 cards or paper of a convenient size, any leaflets which it 
 may be desired to circulate, a quantity of canvassing 
 cards, and a number of daily return sheets. The 
 possession of the candidate's address will enable the 
 canvasser to supply it to such electors as have not 
 received or read it, and to correct authoritatively any 
 misapprehension on the part of the elector on any of the 
 matters dealt with in the address. 
 
 The canvassing card may be in the following form : — 
 
 County [or Borough or Division] of 
 
 Parliamentary Election , 189 . 
 
 Mr. A. B. the [liberal] candidate respectfully solicits your vote 
 and interest. ^f_ jy 
 
 Chairman of Committee for the said A. B. 
 
 The daily return sheet should correspond in its 
 headings with those in the canvass book, and should be 
 filled up from the latter by the canvasser at the close of 
 each day's work, and at once forwarded by the canvasser 
 to his committee room. 
 :xi»'iisesof The necessary expenses of a canvass by volunteers 
 auvass. maY, It sccms, be incurred by the candidate's election
 
 a7id Canvassing. 15" 
 
 agent, for although the payment of canvassers is illegal, Chap. ii. 
 as already mentioned {jnite, p. 8), there is no prohibi- 
 tion against expenditure for the materials for a canvass. 
 Thus, there is no illegality in expenditure for canvass 
 books, registers, circulars, cab hire, or travelling expenses 
 incurred in canvassing. And it has been held that a 
 payment to a registration agent for canvass books, 
 polling district books, directed envelopes, and wall sheets 
 of voters' names, may be incurred, and included in the 
 return of election expenses under the heading of 
 "miscellaneous matters " {Ipstcich, 54 L. T. G25). 
 
 But whether or not the expenses of a canvass by 
 volunteers be disbursed or re-couped by the election 
 agent, an individual canvasser may pay out of his pocket 
 any small legal expense, if such sum is not repaid to 
 him (C. I. P. P. A. s. 2S, sub. 1), e.g. for a canvass or 
 memoraudiun book, copy of the register, pencil, telegram, 
 messenger, postage, cab hire, etc. ; and thus several 
 individual canvassers may collectively, and by arrange- 
 ment among themselves, conduct a complete canvass of 
 the whole constituency without in any way infringing 
 the law. 
 
 The expense so incurred by a volunteer canvasser 
 must be (1) small, (2) legal, (?>) incurred by the 
 canvasser himself, and (4) not repaid to him (Tj)su'ich, 
 4 O'M. & H. 73 ; C. I. P. P. A. s. 28, sub. 1) ; if the 
 canvasser does not desire to pay the expense out of his 
 own pocket, or if the expense is not "small," it miLst 
 be incurred through, and paid by, the election agent (ib. 
 ss. 27, 28). The cal) hire of a canvasser going to can- 
 vass a distant place, is a small expense, legally incurred by 
 himself, for the purpose of the election, which need not 
 be returned to the election agent if the canvasser does 
 not mean to be repaid by the election agent {f/isirirh, 
 gist March, 188G). A payment of £20 fur election
 
 16 Canvassers 
 
 Chap. II. placards is not illegal in itself, but not being a " small 
 
 " expense," it is an illegal payment, unless made through 
 
 the election agent {ih. ; Noranrh, 4 O'M. & H. 89) ; 
 while, on the other hand, a payment of a shilling to a 
 canvasser, though a small expense, is not a legal expense, 
 and therefore is an illegal payment (fysirkk, 31st March, 
 188G). This provision is meant to apply to such small 
 payments as cab hire, telegrams, or postage, where the 
 payer is not, and does not intend to be, repaid {Norwich, 
 4 O'M. & H. 89). 
 Dangerous The cauvasser must carefully avoid exercising any undue 
 practices in j^fjije^ce (as .to which see ' Election Agent,' p. 423), and 
 
 canva>sing. ^ i , .i , • 
 
 must remember that there are certain practices m can- 
 vassing that have been condemned by the election judges. 
 It has been laid down that canvassing ought not to be 
 carried on up to the last moment before polling ; and 
 that a canvasser should not station himself in front of a 
 polling booth to record those who go up to vote, and to 
 urge them as to which way they should vote ; and that 
 although such practices may not amount to undue 
 influence over the voters, or avoid the election, yet they 
 are illegitimate practices, and ought never to be resorted 
 to {Lichfield, 3 O'M. & H. 138) ; also 'that canvassing 
 handbills, or polling cards, should not be obtruded or 
 thrust by physical force into the hands of voters as they 
 are going into the polling station {Stepneij, 4 ib. 52, 53). 
 And it has been said that it is a dangerous practice to 
 organize canvasses at public-houses, because it induces 
 indiscriminate drinking, and may lead to charges of 
 treating being established against the candidate, and to 
 the landlord supplying drink to the friends of the 
 committeemen and workers beyond that which he is 
 authorized to supply to the latter, and on the chance of 
 his being ultimately paid {T<una'orfh, 1 ih. 8G). 
 
 A system of dividing a constituency into wards, and
 
 and Canvassing. 17 
 
 of forming committees among the voters, and employing Chap. II. 
 them to send out canvassers, has also been condemned ' 
 
 as a dangerous system, and as one which, if merely 
 colourable, will avoid the election {Cocentry, 1 O'M. & H. 
 102) ; as to what is " colourable," see ' Election Agent,' 
 p. 324. 
 
 Canvassing may be by circulars and letters sent Canvassing 
 through the post office, and, where practicable, this is ^y P^st. 
 by far the safest mode of ascertaining the views and 
 intentions of the electors. There is then no direct 
 contact with the electors, and the only expenses incurred 
 are those of printing, postage, and the addressing of 
 envelopes or wTappers, and these expenses, being capable 
 of being known or ascertained, can be kept completely 
 under control. 
 
 [1]
 
 18 
 
 Committees, 
 
 CHAPTER III. 
 
 COMMITTEES AND COMMITTEE ROOMS. 
 
 Commit- 
 tees. 
 
 I>efiuition. 
 
 Number 
 and selec- 
 tion of 
 committee. 
 
 Committees .... 
 Definitian .... 
 Namher and selection of 
 
 committee 
 Illegal committees 
 Committee KooMS . 
 D Jin it ion . 
 Places prohihited as com- 
 mittee rooms , 
 Licensed premises , 
 
 VAC.-E 
 
 18 
 
 19 
 
 20 
 
 21 
 
 " Fermnnent political 
 clah" 21 
 
 Pidilic elementary school 22 
 llle(ia I It iring of committee 
 
 room 23 
 
 Number .... 
 Hiring of room 
 Edoms lent gratuitously 
 Situation of rooms 
 Use of rooms . 
 
 26 
 
 A COJDIITTEE is a person or persons to whom anything 
 is committed (re Scottish Petroleum Company, 51 L. J. 
 Ch. 84.5) ; an individual or body to which others have 
 committed or delegated a particular duty, or who have 
 taken on themselves to perform it in the expectation of 
 their act being confirmed by the person or body they 
 profess to represent {RoijneJl v. Lewis, 15 M. & W. 529) ; 
 and it has been defined as meaning, in parliamentary 
 elections, a limited number of persons in whom faith and 
 confidence are placed by a candidate, and between whom 
 there exists some privity (Westminster, 1 O'M. & H. 92). 
 A body of GOO persons cannot rightly be denominated a 
 committee (//>.). 
 
 A committee should consist of as few persons as 
 possible, it should be appointed by the candidate or his 
 election agent, and not by any political club or associa- 
 
 4
 
 commit- 
 tees. 
 
 Committees. 19 
 
 tion, it should not be limited to members of any such Ghav. hi. 
 club or organization, each member of the committee - 
 should be a person upon whose judgment and discretion 
 the candidate and his election agent can thoroughly 
 rely, and it should be as representative of all classes in 
 the constituency as is possible. A committee may be, 
 individually as well as collectively, agents, for whose acts 
 the candidate is responsible (see ' Election Agent,' p. 443) ; 
 and if held to be such agents, a corrupt or illegal practice 
 committed by any one of them may avoid the election. 
 
 A committee must not be formed for an illegal object. Illegal 
 Committees were formed, having paid agents at their 
 heads, for the purpose of getting the voters together, 
 so that the latter might be corrupted at any moment at 
 which it might become necessary, and it was held that 
 the proceedings of this committee amounted to bribery 
 {Stafford, 21 L. T. 210). Again, while it is permissible 
 to employ a single spy or detective to find out quietly 
 whether corrupt practices are going on, on a particular 
 side, it has been laid down that it is illegal to employ a 
 " vigilance committee," or large body of persons, to 
 search actively for corrupt practices, and that if such 
 persons commit violence, it will amount to intimidation 
 {ib.). A detective committee must, therefore, consist of 
 as small a number of persons as practicable, and must be 
 very careful that it does not, collectively or individually, 
 interfere actively with any person, and that its investi- 
 gations are not carried to an extent that might subject 
 it to condemnation. 
 
 Committees must be careful that all their acts are 
 legal ; thus, they must not publish, or sanction the 
 publication of, any docmncnt which unjustifiably and 
 unnecessarily reflects on the private character of others, 
 as by imputing corrupt practices, or they may render 
 themselves liable for damages in an action for libel 
 
 C 2
 
 '20 
 
 Committee Rooms. 
 
 ('oiniiT- 
 Ti:r. ROOMS. 
 
 l>t^iinilion. 
 
 CiiAi'. III. {Wilson V, Ree:J, 2 F. & F. 149). Any person -who acts 
 as a member of a committee is liable to the penalties for 
 any illegal practice, hiring etc., in which he has partici- 
 pated {Biirh-ose, 4 O'M. & H. 114). 
 
 No affiiTQative definition of a committee room has 
 been enacted ; but the expression " committee room " 
 shall not include any house or room occup:; d by a can- 
 didate at an election as a dwelling, by reason only of 
 the candidate there transacting business with his agents 
 in relation to such election ; nor shall any room or 
 building be deemed to be a committee room by reason 
 only of the candidate, or any agent of the candidate, 
 addressing therein electors, committee men, or others 
 (C. I. P. P. A. s. G4). Beyond this, the election court 
 will have to determine, from the circumstances of each 
 particular case, whether a room is or is not a committee 
 room ; ])ut by thus speaking of a room or huiMing, the 
 legislature seems to imply that a committee room may 
 include more than a single room. It therefore seems 
 probable, that if reasonably and honCi fide required, and 
 especially in the case of a central committee room, the 
 term " conmiittee room " would be held to apply to a 
 set of offices, or entire building, comprising a clerk's 
 room or rooms, and a private consultation room, and 
 would not invariably be limited to a single room. x\ny 
 room, place, or building habitually used for the business 
 of the election, and not being the election agent's office, 
 should be treated and deemed to be a committee room 
 by the election agent, both in his return of election 
 expenses and in all other respects. 
 
 A committee room must not be in any premises licensed 
 for the sale, wholesale or retail, of intoxicating liquors, 
 nor in any premises where any intoxicating liquor is sold, 
 •or supplied to members of a club, society, or association, 
 other than a permanent political club ; nor in any 
 
 Phices pro- 
 liibited as 
 committee 
 rooms.
 
 Committee Rooms. 2J 
 
 premises where refreshments \^i.e. food or drink] are sold ^""at^h. 
 for consmnption on the premises ; nor in the ] remises of 
 any public elementary school ; and if any such ] rohi])ited 
 place is hired or used as a committee room, it is an illegal 
 hiring (C. I. P. P. A. s. 20). But any part of any of the 
 above-named premises which is ordinarily let as chambers 
 or offices, or for public meetings or arbitrations, is not 
 within the above words, if such part has a separate 
 entrance, and no direct communication with a,ny part 
 iu which any liquor or refreshment is sold or supplied 
 as aforesaid {ib. ; see JDeronjwrt, 2 Times L, R. 840 ; ex 
 parte Montefiore, 5, il). 78). The existence of a refresh- 
 ment or liquor bar, is an indication that refreshments 
 (food or drink) are supplied. 
 
 The "licensed premises " to which the above prohibition Licensed 
 applies, include both those licensed by justices and those P^^""'*^" 
 licensed by the excise authorities, viz., ale-houses, wine 
 and beer-houses, the premises of grocers and others 
 licensed to sell wine, beer, etc., wholesale brewers, wane 
 and spirit merchants, hotels, inns, coffee taverns, railway 
 refreshment rooms, and refreshment houses kept open 
 between 9 p.m and 5 a.m. 
 
 The above words " premises where any intoxicating 
 liquor is- sold or supplied to members of a club, etc., 
 other than a permanent political club," are large enough 
 to include the premises of any brewer, wine merchant, 
 or spirit dealer, who supplies the members of a club, 
 society, or association, with any intoxicating liquor for 
 consumption of the premises (compare the words in the 
 next sentence of the section), and such premises should 
 therefore be considered as unavailable for committee 
 rooms. 
 
 What construction will be given to the term " perma- " I'erman- 
 nent political club," it is not easy to say ; but it seems political 
 clear that a club which is founded contemporaneously club."
 
 22 Committee Rooms. 
 
 Chap. III. with, or for the pui-poses of, the election, and is not- 
 intended to continue beyond the close of the election, 
 does not fall within the words or the meaning of the 
 phrase. On the other hand, a club bond fide intended to 
 continue beyond the election, and not established solely 
 for the purposes of the then pending election, will 
 probably be held to be " permanent," though its origin 
 may have coincided with the commencement of the 
 election. Again, the club must be " political," that is, its 
 qualification for membership must be the possession, or 
 the object of the club must be the furtherance, of certain 
 views in politics, though other qualifications or objects 
 may no doubt be combined therewith. 
 
 If these " permanent political clubs " are used as com- 
 mittee rooms, care should be taken, first, that the par- 
 ticular place in question is a " permanent political club " 
 Avithin the meaning of the above section ; secondly, that 
 the candidate and his election staff are kept altogether 
 apart from the club, its members, offices, and officers ; 
 and, thirdly, that as far as possible communication is 
 not kept up between the former and the latter. If the 
 first of these precautions is not attended to, the election 
 may be avoided for the illegal practice of using a pro- 
 hibited place as a committee room (C. I. P. P. A. s. 20, 
 and s. 21, sub. 2) ; and if the second and third of these 
 precautions are disregarded, the club and its members 
 may be held to be the agents of the candidate for whose 
 acts he is responsible {ih. s. G4, " person," and see ' Elec- 
 tion Agent,' p. 414). 
 Public The "premises of any public elementary school" 
 
 schwfr*^'^^ include the master's dwelling-house, the play-ground, 
 and all that is within the curtilage of the school, none 
 of which can therefore be used as a committee room 
 {Buckrose, 4 O'M. & H. 113). But a school house and 
 premises, provided rent free by the owner, who also
 
 Committee Rooms. 23 
 
 paid the rates, has been held not to be within the pro- Chap. III. 
 liibitiou, although the school manag-ers received the 
 parliamentary grant {ih. 115); and if this distinction 
 be sound, such premises can be used as a committee 
 room. 
 
 The hiring, or letting, or use, of any of the above pro- Illegal 
 hibited premises, or of any part thereof, for a committee p',i"mittee 
 room is an illegal hiring (C. I. P. P. A. s. 20) ; and if room, 
 the illegal hiring be by the candidate's election agent, the 
 election may be avoided {ib. s. 21, sub. 2, and s. 11). 
 The hirer and the person using are equally guilty of an 
 illegal hiring, and so also is the person letting, if he 
 knew it was intended to use the room as a committee 
 room {ib. s. 2(»), but not the person allowing the use. 
 
 In a county, there may be hired for payment :—{fO Number, 
 dne central committee room ; {b) one committee room 
 for each polling district ; and (^:) where the number of 
 electors in a polling district exceeds 500, one additional 
 committee room for every complete 500 electors in such 
 district over and above the first 500 (C. I, P. P. A. s. 7, 
 sub. 1 c, and sch. I. pt. II. cl. 7). Thus, in a county of 
 five polling districts, A., B., C, D., and E., having in A., 
 300 electors, in B., 700, in C, 1,000, in D., 1,490, and in 
 E., 1,501, the number of committee rooms which may 
 be hired for payment is one central committee room, 
 one committee room each for A. and B., two committee 
 rooms each for C. and D., and three committee rooms 
 for E., making a total of ten committee rooms. A 
 division of a county is to be considered a separate county 
 (48 & 49 Vict. c. 28, s. 9, sub. 3). 
 
 In a borough, there may be hired for payment one 
 committee room, and where the number of electors 
 exceeds 500, one additional committee room for every 
 500 electors or part of 500 (C. I. P. P. A. s. 7, sub. 1 c, 
 and sch. I. pt. II. cl. G). Thus, where the electors in a
 
 room. 
 
 24 Committee Rooms, 
 
 Chap. Ill, borough ainoimt to 999, two, and where they amount to 
 ~ ■ 1,001, three committee rooms may be hired for payment. 
 A division of a borough is to be considered a separate 
 borough (48 & 49 Vict. c. 23, s. 13, sub. 5). 
 
 No payment, or contract for payment, shall be made 
 on account of any committee room in excess of the 
 number allowed as above (C. I. P. P. A. s. 7, sub. 1 c), 
 under penalty of an illegal practice (ih. sub. 2), which 
 may avoid the election, if such payment be made or 
 contract be entered into by the candidate or his election 
 agent {ib. s. 1 1). " Payment " includes pecuniary reward, 
 valuable security, or consideration {ib. s. 64). The 
 rights of creditors, ignorant of the facts which make 
 the contract or payment illegal, are saved {ib. s. 19). 
 Hiring of Every committee room hired on behalf of the can- 
 didate must be hired by the election agent, by himself, 
 or his sub-agent (C. I. P. P. A. s. 27, sub. 1) ; the terms 
 of the hiring should be reduced into writing, and the 
 price to be paid, and the date at which the occupation 
 of the room will commence and end, shoidd be dis- 
 tinctly specified. The sum agreed to be paid sliould 
 be a fair and reasonable sum, and in no sense " colour- 
 able " (as to what is " colourable," see ' Election Agent,' 
 p. 394). 
 
 The agreement may be in the following form : — ■ 
 
 I, G. E., of 
 
 the election agent for A. B., Esq., a candidate at the parlia- 
 mentary election for the county [or borough or division] of 
 to be held , 189 , do hereby 
 
 agree to hire, and I, K. K,, of in 
 
 consideration of the sum of £ , to he paid to me by the 
 
 said G. IT., do hereby agree to let, the room known as \jlescribe 
 the room or premises] to be used from this day forth until the 
 close of the poll as a Committee Eoom for the said candidate at 
 the said election. And for the consideration aforesaid I, the said
 
 Committee Rooms. 25 
 
 E. K., further aojee to supply reasonable firing, lighting and Chap. HI. 
 cleaning for the said room. ■"""" 
 
 Dated this 
 
 (Signed) O. H. 
 
 K. K. 
 Witness, P. Q. 
 (^Address) 
 (^Description) 
 
 If two or more candidates, by themselves or any agent 
 or agents, hire or nse the same committee rooms, they 
 shall be deemed, for the pm-poses of ascertaining the 
 maximum amount of expenses, to be joint candidates ; 
 but the employment and use of the same committee 
 room, if accidental or casual, or of a trivial and unim- 
 portant character, shall not be deemed of itself to con- 
 stitute persons joint candidates (C. I. P. P. A. sch. I. 
 pt, V. cl. 4). An elector who receives payment for a com- 
 mittee room can vote ; he is not " employed," within 
 the meaning of C. I. P. P. A. s. 17, or 30 & 31 Vict. 
 c. 102, s. 11. 
 
 The candidate, while thus limited as to paid com- Rooms lent 
 mittee rooms, is not prohibited from making use of any gratui- 
 numbcr of committee rooms that are lent to him gra- 
 tuitously, provided such rooms are not in any prohibited 
 place (as to which, see ante, 20). If a paid election 
 agent supplies a room for use as a committee room, it 
 seems better that it should be treated as paid for by his 
 fee, rather than as simply lent by him. 
 
 Every committee room should be advantageoasly situatioa 
 situated with regard to the requirements of the district, of rooms, 
 and to the position of the polling stations in the district. 
 The central committee room should be provided in the 
 most central and convenient place with respect to the 
 whole constituency ; the district committee room should, 
 in like manner, be situated in the most central and acces-
 
 rooms. 
 
 26 Committee Rooms. 
 
 CiiAr. III. sil)le part of the district. There is nothing to require 
 that a hired committee room shall be situated in the 
 constituency, nor yet that it shall be situated in the dis- 
 trict for which it is allowed ; and thus, if a constituency 
 be divided into two polling districts, for each of which 
 districts one committee room is allowed, they may both 
 be situated in one district. Each committee room shduld 
 be as spacious as is necessary for the requirements of the 
 district. 
 
 Use of The committee room must of course not be resorted 
 
 to or used for any corrupt, illegal, or improper purpose. 
 It should be placarded with all the instructions, cautions, 
 and notices in use in the election, and in any way appli- 
 cable to those who frequent the room. The central 
 committee room should be under the immediate care of 
 the chairman or of the election agent, and should be 
 provided with at least one private room for consultations, 
 committee meetings, etc. The district committee rooms 
 should each be in charge of a responsible clerk, carefully 
 selected by the chairman or election agent, and it may 
 be convenient to consider such clerk as in charge of the 
 electors in the district to which his committee room 
 belongs, and of the communications, notices, etc., to be 
 sent to them. Each clerk in charge should be in con- 
 stant attendance at his room, and should be instructed to 
 give information to all proper applicants, to see that 
 favourable electors are fully instructed as to how and 
 where to record their votes, and to take care that the 
 documents, etc., supplied to his room are preserved un- 
 damaged and accessible. These will comprise : — (1) the 
 register of voters for the whole constituency ; (2) the 
 part of the register assigned to the polling district served 
 by his committee room ; (3) a list of dead or absent 
 voters ; (-i) a list of the out voters, including those 
 residing in other polling districts ; (5) a list of voters
 
 Committee Rooms. 
 
 27.: 
 
 residing in his district, but on the register for other poll- Chap. Ill 
 ing districts. The clerk should also see that the election 
 agent's instructions as to advertisements, arrangements 
 for public meetings, etc., are punctually and properly 
 carried out, and that no expense is incurred that the 
 election agent has not expressly authorized.
 
 28 
 
 Fuhhc Meetings, 
 
 CHAPTER ly. 
 PUBLIC MEETINGS, SPEECHES, AND REPOPTS. 
 
 Election Meetings 
 Definition .... 
 Places at which election 
 
 meetings may be held 
 Advertising the election 
 
 meetings 
 Candidate's companions 
 
 at meetings . 
 Expenses of election meet 
 
 iiigs 
 
 Binds of music, torches, 
 
 flags, banners, etc. . 
 Chairman and his June 
 
 tions 
 
 Expulsion of disturbers 
 Stewards and persons 
 
 to keep order , 
 Lecturers and speahers 
 Employment for pay- 
 ment .... 
 
 PAGE 
 
 28 
 
 29 
 
 30 
 
 31 
 
 32 
 
 33 
 
 Travelling expenses of 
 volunteer lecturers 
 and speakers. 
 
 Speeches 
 
 Licence in speech . 
 Fair and bona fide com 
 
 ment 
 
 Slanderous speeches . 
 Blaspht7nous words . 
 Seditious ivords . 
 Words amounting to con 
 
 tempt of court . 
 Reports ..... 
 Newspaper reports of 
 
 public meetings 
 Libellous comments . 
 Imputations of corrupt 
 
 conduct .... 
 Newsvendor of libellous 
 
 newspapers . 
 
 34 
 
 35 
 
 36 
 
 37 
 
 38 
 
 39 
 
 40 
 
 Election An election meeting, within the meaning of the 0. I. P. 
 Meetings, p^ ^^ jg ^^g i^q[^ g^f^gj. ^j^g election has commenced 
 
 Definition, (see 'Election Agent,' p. 144), for the purpose of 
 promoting or procuring the election of a particular 
 candidate (see ib. p. 9G). A meeting held to present a 
 requisition to a person to stand for election, and to 
 induce him to become a candidate, is not an election 
 meeting ; for a meeting held to select a candidate is not
 
 Puhlic Meeliwjs. 29 
 
 a meeting- to procnre his electitn, and there is a great Chap. IV. 
 distinction between getting a candidate and promoting 
 his election after jon have got him {Norwich, 4 O'M. & H. 
 85, 8G). If the primary, and direct, and real object is 
 to get a candidate, the meeting is not an election 
 meeting, althongh it indirectly promotes the interest of 
 the party ; but if the nominal object is to get a candi- 
 date, while the real object is to promote the election of 
 a particular candidate, the meeting is an election meeting 
 (see ih.). 
 
 An election meeting may lawfully be held in any places at 
 place in which a public meeting may law^fully be held which 
 (as to which see ' Election Agent,' p. 12G) ; and, although meetings 
 a borough election cannot be held in any church, chapel, "^'"^y ^^ 
 or other place of public worship (2 & 3 Will. IV. c. 45 
 s. G<s), there is, apart from restrictions under trust deeds, 
 etc., no legal objection to holding election meetings in 
 dissenting chapels. A school-room in which meetings 
 for public worship are occasionally held does not appear 
 to fall within this prohibition, and there is no enactment 
 rendering an election liable to be set aside for a dis- 
 regard of this prohibition. 
 
 But although vestry meetings may, under certain 
 circumstances, be held in a church, chapel or churchyard 
 of the Church of England, the holding of " musters " or 
 meetings in any such church, etc., is forljidden ; and a 
 disregard of this prohibition amounts to the ecclesiastical 
 offence of profanation (see Canon 88), and might lead 
 to brawling, which is also an ecclesiastical offence and a 
 statutory offence (23 & 24 Vict. c. 32, s. 2 ; and see 
 Aslier V. Cahraft, 18 Q. B. D. 6()7), whether it be 
 committed in a churchyard (which is God's acre), or in 
 a church (which is God's house). Upon these grounds 
 the incumbent and churchwardens ought, it is submitted, 
 to refuse permission for the holding of any election
 
 so PulUc Jleetings. 
 
 Chap. IV. meeting in any church, chapel, or churchyard, and should 
 " remove any person attempting to hold any such meeting 
 in defiance of their prohibition. 
 
 There is nothing to prevent an elector from letting 
 any room or place for an election meeting, nor does 
 he thereby disqualify himself from voting ; and although 
 rooms in public-houses, etc., are prohibited from being 
 used as committee rooms (C. I. P. P. A. s. 20, and see 
 ante, p. 20), it seems clear that candidates may hold 
 meetings in public-houses, schools, and clubs (see ib. 
 s. G4:, tit. " committee room "). Care should, however, 
 be taken that no election business, which is usually 
 transacted in a committee room, is transacted in any 
 place resorted to for a public meeting which is prohibited 
 from use as a committee room. 
 A.iverti^ng Evcry public election meeting should be well ad- 
 m'eetin'c's°" vertiscd, especially in the district in which it is to take 
 place, and it may often be both convenient and prudent 
 for the election agent to pay for the hall or room before, 
 or innnediately after, the meeting. 
 Cniviidate's " The Candidate should be accompanied to public 
 at^feet-""^ meetings l)y some of his leading supporters, but the less 
 ings. the members of the election staff interfere in such meet- 
 
 ings the better" (Gorst, 19). The persons who attend 
 the meetings, and are present on the platform, and 
 speak on behalf of the candidate, may be held to be 
 agents for w^hose acts the candidate is responsible (see 
 ' Election Agent,' p. 438). 
 Expenses of The expenses of holding public election meetings are 
 legal (C. I. P. P. A. sch. I. pt. II. cl. 5), and may, within 
 the maximum, include all reasonable and usual expenses 
 such as for chairs, gas, attendance, and (perhaps) short- 
 hand writers. All orders or contracts respecting public 
 meetings must be entered into by the candidate or his 
 election agent or sub-agent {ib. s. 27, sub. 2), and must be 
 
 election 
 meetings.
 
 PuUic Meetings. 31 
 
 paid for by the election agent or snl)-agent {ih. s. 28, snb. 1). Chap. IV, 
 If these orders are given by any third person, they are 
 not enforceable against the candidate {ih. s. 27, sub. 2) ; 
 and if they are paid for by any third person, the sums 
 paid are irrecoveral)le from the candidate {re Parker, 
 21 Ch. D. 408), such third person is guilty of an illegal 
 practice (C. I. P. P. A. s. 28, sub. 2 ; Norwich, 4 O'M. & 
 H. 89), and if he be an agent of the candidate, the 
 election may be avoided (C. I. P. P. A. s. 1 1). No political 
 association or friend of the candidate, acting indepen- 
 dently of him, can therefore give any orders for, or bear 
 any of the expense of, any printing or advertising in 
 respect of such candidate's election meetings. 
 
 No payment or contract for payment shall, for the Bands of 
 purpose of promoting or procuring the election of a f^"T' 
 candidate at any election, be made on account of bands flags, 
 of music, torches, flags, banners, cockades, ribbons, or l'^"°«''s> 
 other marks of distinction (C. I. P. P. A, s, IG, sub. 1), 
 under penalty of being treated as an illegal payment 
 {ib. sul). 2), or as an illegal practice, if the offence be 
 committed by the candidate or his election agent {ib. 
 s. 21, sub. 2). The giving or providing of cockades, 
 ribbons, or other marks of distinction is illegal per se, 
 (see 17 & 18 Vict. c. 102, s. 7) ; but the giving or 
 providing of bands of music, torches, flags, or banners 
 is not illegal, if no payment, pecuniary reward, valuable 
 security or consideration, or contract for payment, be 
 made. The police may take possession of flags or 
 banners held or used by persons attending an illegal 
 meeting {R. v. Fnrse//, 6 C. & P. 81, 8G). 
 
 Those who summon a meeting may lay down the Chairman 
 order of the proceedings {R. v. Chester, Archdeacon of, '^"'^ ^'■'^ 
 
 •■^ o \ ' J 1 functions. 
 
 1 A. & E. 345), and it devolves on the chairman to 
 preserve order in the meeting, and to regulate its pro- 
 ceedings {R. V. UOyhj, 12 A. & E, l.^U ; Lucm v. Mason,
 
 S2 Puhlic Mepfiuf/s. 
 
 Chap. IV. L. E. 10 Exch. 254), so that the object for which the 
 meeting is called may be accomplished {Pedlcij v. 
 Chapman, 7 Times L. R. 39G). He should, as far as 
 he can, insist on the use of decorous and temperate 
 language ; should endeavour to repress rude or violent 
 interruption or disorder ; and if his appeals and directions 
 are not obeyed by the meeting, he is eui iMed to declare 
 that " this meeting is now adjourned," or " at an end," 
 or " closed," and to quit the chair. He should permit 
 any speaker to challenge his ruling in a proper manner, 
 should put all resolutions and amendments properly 
 proposed and seconded and falling within the scope of 
 the meeting (see Henderson v. Banlc of Australasia, 
 45 Ch. D. 330), and in all that he does, he should bear 
 in mind that absolute impartiality is one of the first 
 principles of his office. 
 Expulsion It is by no means easy to draAv the line between the 
 otMis- circmnstances in which the expulsion of a disturber 
 
 would be held to be justifiable, and those in which it 
 would be held to amount to an assault (see Vavglian v. 
 Hampsoji, 33 L. T. 15). Merely crying out " hear, hear," 
 and putting questions to a speaker, and making observa- 
 tions on hisstatcments (see Wooding v. Oxleij, 9 C. & P. 1), 
 or expressing, by applause or hisses, the sensations which 
 naturally present themselves at the moment, would not 
 be sufficient to justify expulsion (see Clifford v, Brandon, 
 2 Camp. p. 3G9 ; R. v. Forbes, 2 St. Tr. N. S. p. 900 ; 
 Gregory v. Britnsiviclc, Dulce of, 6 M. & G. 205) ; but the 
 expression of censure, although it may be noisy, must 
 not be riotous ; and if it be premeditated by a number 
 of persons confederated beforehand to cry down the 
 speaker, it becomes criminal {R. v. Forbes, Gregory v, 
 Brunswiclc, Dulce of, ubi sup.). And if a person wil- 
 fully disturbs a meeting, and by persistent noise or inter- 
 ruption prevents the object with which such meeting has
 
 PuUic Meetings. 33 
 
 been convened from being carried out, it would seem to Chap. iv. 
 be perfectly lawful to eject liim from the meeting, and, 
 if necessary, by force (see Wood v. Leadlntter, 13 M. & 
 W. 838 ; B. V. Graham, 9 W. R. 738). But no un- 
 necessary violence should be used, the person to be 
 removed should be requested to depart before force is 
 used to eject him {Tullaij v. Bped, 1 C. & P. 6) ; he 
 should, if possible, be removed by pressure, or in some 
 other peaceable way (Imason v. Cope, 6 C. & P. 193) ; 
 care shoidd be taken to remove him without injury to 
 his person or clothes, and the ejection should be by, or 
 by the orders of, those who are entitled to the immediate 
 possession of the room ; that is to say, those who have 
 hired it, or to whom it belongs, or has been lent. The 
 person ejected must not be given in charge to the police, 
 unless he has done something amounting to a breach of 
 the peace {Wooding v. Oxley, 9 C. & P. 1). 
 
 The payment and employment for payment of Stewards 
 stewards and persons to keep order at an election ^" kpei?""^ 
 meeting is illegal {Ipswich, 4 O'M. & H. 72) ; but there order, 
 is no illegality in the employment of unpaid volunteers 
 for these purposes ; and where any serious disorder is 
 apprehended, the proper course is to communicate with 
 the magistrates and police authorities, who, if need be, 
 will swear in a sufficient number of special constables to 
 assist the police in preserving the peace {ib. ; Notting- 
 ham, 1 O'M, & H. 246 ; Salishury, 3 ih. 134). Under 
 no circumstances should " roughs " be employed {Salford, 
 1 O'M. & H. 140 ; Ipswich, 54 L. T. 624 ; and see 
 Longford, 2 O'M. & H. 13). 
 
 The engagement or employment for payment of a Lecturers 
 lecturer or speaker to address a pul)lic meeting, in order ^'^'^ 
 
 to promote or procure the election of a particular candi- " 
 
 date, is an illegal employment (C. I. P. P. A. s. 17), Employ- 
 subjecting the offender to a fine {^ib. s. 21, sub. 1) ; if paymen* 
 
 [1] D
 
 •34 . PuUic Meetings, 
 
 Chap. IV. the employment be by the candidate or his election agent, 
 
 it is also an illegal practice (C.I. P. P. A. s.21,snb.2),which 
 
 may avoid the election {il). s. 11) ; and if the payment be 
 
 by any person other than the election agent, it is an illegal 
 
 practice (/&. s. 28, sub. 2), which also may avoid the 
 
 election, if such person be an agent {ih. s. 11). And the 
 
 giving of refreshment is only another form of payment 
 
 {Bmrow-in-Furness, 4 O'M. & H. 81). But if the lecture 
 
 and the lecturer can be kept wholly distinct from the 
 
 candidate and his impending election, so that the lecture 
 
 is not given in any way for the purpose of promoting or 
 
 procuring the election of a particular candidate at a 
 
 particular election, but is given merely as part of the 
 
 ordinary work of a political party or association, there is, 
 
 it is submitted, no illegality in paying the lecturer ; nor 
 
 need such payment, nor any subscription thereto by the 
 
 candidate or any one else, be returned in the election 
 
 accounts. 
 
 Travelling The payment of the mere travelling expenses of a 
 
 expenses," volunteer lecturer or speaker at an election meeting is 
 
 volunteer perhaps not illegal, though such payment must be 
 
 lecturers returned in the election accounts. Such a payment must 
 
 sneakers ^^^ include anything in the way of remuneration for the 
 
 speech or lecture, or for refreshment ; but the voluntary 
 
 gift by the candidate to the lecturer of a night's lodging, 
 
 a breakfast or dinner, may, it is submitted, be lawfully 
 
 made by the candidate, and, if it involves any direct 
 
 payment, may be treated by him as part of his personal 
 
 expenses and included therein. 
 
 SPEECHES. The volunteer assistant must be careful that any 
 
 ; speech that he may make is in no way slanderous, and 
 
 if he seek to aid the candidate with his pen he must see 
 
 that any report of any meeting or literary article is not 
 
 libellous. The subject is a large one, and beyond the 
 
 scope of this work ; but seme of the leading principles
 
 Speeches. 35 
 
 likely to come under consideration in connection with Chap, i v. 
 election meetings, may be concisely mentioned as a guide 
 to the reader, who must have recourse to the well-known 
 text-books on the law of defamation for fuller informa- 
 tion on the subject. 
 
 Considerable licence in speech is not unusual at election Licence m 
 meetings, but it is clear that the law attaches no especial speech, 
 privilege to speeches uttered at election times. Nor may 
 a person say of another at a public meeting that which 
 he cannot say in private. Slanderous words at a public 
 meeting will support an action in the same manner as if 
 uttered in private [Harwood v. Astley, 1 B. & P. N. R. 48 : 
 Dimcomle v. DanielJ, 8 C. & P. 222, approved PanMiurst 
 V. Hamilton^ 3 Times L. E. 505). 
 
 A speaker has full freedom of speech on matters of Fair and 
 public interest and general concern. He may express ^onufide 
 his honest opinion, however adverse, of the policy or *^*""'"'^"^- 
 public conduct of any public man, and his comments, if 
 uttered fairly, with an honest pm-pose, and not mali- 
 ciously, are not actionable, even though they may affect the 
 reputation of individuals {Davis v. Duncan, L. P. 9 C. P. 
 396 ; Wason v. Walter, L. R. 4 Q. B. 93, 94 ; Jemier v. 
 A' Beckett, L. R. 7 Q. B. 11 ; Merivale v. Carson, 20 Q. 
 B. D. 275). A candidate or an elector may comment on 
 the public life and acts of his opponent, and, in his 
 criticisms, may make imputations on his opponent's 
 motives, provided that such imputations arise fairly and 
 legitimately out of his pubhc life and acts {Parmiter v. 
 Couplaml, 6 M. & W. 105 ; and see CamplpU v. Spotiis- 
 ivoode, 3 B. & S. 776). But the mere fact that his 
 opponent is also a candidate for election to parliament, 
 does not give the speaker a right to discuss all his private 
 life and history. How far electors are entitled to discuss 
 personal matters which affect a candidate's fitness to 
 represent them in parliament, is not clear (see Harivood 
 
 D 2
 
 36 Fuhlic Meetings. 
 
 Chap. IV. y. Astley, 1 Bos. & P. N. R. 47 ; Duncombe v. Daniell, 
 
 8 C. & P. 222 ; Davis v. Duncan, L. R. 9 C. P. 396 ; 
 
 Pankhurst v. Hamilton, 3 Times L. R. 50-t). But they 
 certainly must abstain from speaking dishonestly, or 
 maliciously, or recklessly of him {Wilson v. Brown, 1 
 Times L. R. 412), from making groundless or unfounded 
 charges, and from unnecessarily and improperly imputing 
 to him wicked or corrupt motives for his conduct 
 {Parmitter v. Couplani, 6 M. & W. 105 ; Campbell v. 
 Spoftisu'oode, 3 B. & S. 769). 
 
 Slanderous Thus, a Speaker may not falsely charge another with 
 
 speeches. ^^^q commission of a crime, and therefore may not falsely 
 charge another with bribery or corruption {Bendish v. 
 Lindsey, 11 Mod. 194 ; DicTceson v. Hilliard, L. R. 9 
 Exch. 79) ; nor may a speaker utter false and defamatory 
 words in reference to a person in his trade or profession, 
 or which disparage him in an office of public trust. But 
 words which impute immorality or dishonourable conduct, 
 not amounting to a crime or to fraud or dishonesty in 
 biLsiness, are not actionable when merely spoken, unless 
 the accusation has caused special damage to the person 
 defamed {Burnett v. AUen, 3 H. & N. 376 ; Chamlerlain 
 V. Boyd, 11 Q. B. D. 407). 
 
 ijiasphe- A speaker must carefully abstain from using blas- 
 
 phemous words. It is blasphemy, punishable at common 
 law, scoffingly or irreverently to ridicule or impugn the 
 doctrines of the Christian faith ; but any man may, 
 without subjecting himself to any penal consequences, 
 soberly and reverently examine and question the truth of 
 those doctrines which have been assumed as essential to 
 it {Shore v. Wilson, 9 CI. & F. p. 524 ; i?. v. Carlisle., 1 
 St. Tr. N. S. 1033). If the decencies of controversy are! 
 observed, it would seem that even the fundamental 
 doctrines of religion may be attacked, without rendering 
 the speaker guilty of blasphemy {B,. v. Bamsay & Foote, 
 
 111 us 
 word;
 
 Speeches. 37 
 
 48 L. T. p. 739 ; R. v. Bradlangh, 15 Cox C. C. 217 ; Chap, iv 
 but see Panklmrst v. Tliompson, 3 Times L. R, p. 200) ; 
 it is the mischievous abuse of this state of intellectual 
 liberty, and the wilful intention to pervert, insult, and 
 mislead others, by means of licentious and contumelious 
 abuse applied to sacred subjects, or by wilful mis- 
 representations or artful sophistry calculated to mis- 
 lead the ignorant and unwary, which constitute blas- 
 phemy (-B. V. Bamsay & Foote, 48 L. T. p. 73G ; B. v. 
 Bnullaugh, 15 Cox C. C. 217). And it is actionable, 
 maliciously to assert in a speech that another person has 
 been guilty of the crime of blasphemy (Pankhurst v. 
 Hamilton, 3 Times L. R. 500 ; Pankhurst v. Sotiier, 
 ih. 193). 
 
 Again, a speaker must not use seditious words, or be Seditious 
 guilty of sedition. Seditious words may be (Refined as ^^"^''^• 
 any words which tend to bring into hatred or contempt 
 the sovereign, the constitution of the realm, or the 
 Houses of Parliament, or to excite the Queen's subjects 
 to attempt the alteration of any matter in church or 
 state as by law established, otherwise than by lawful 
 means (GO Geo. III. & 1 Geo. lY. c. 8, s. 1). To utter 
 any such words is a misdemeanour, subjecting the 
 offender to fine and imprisonment (see B. v. Winter^ 
 botham, 22 Howell's St. Tr. 823, 875 ; B. v. Cork, Justices 
 of, lb Cox C. C. 149) ; and even if the circumstances do 
 not call for severe punishment, a person guilty of this 
 offence may be required to find sureties for his good 
 behaviour {ex imrte Seymour v. Davitt, 15 Cox C. C 
 242; 12 Ir. L. 11.46). 
 
 It is sedition to speak words defamatory of the 
 sovereign, of either House of Parliament, or subversive 
 of law and order, with intent to produce public disorder, 
 or to foment or promote rebeUion (60 Geo. III. & 1 
 Geo. IV. c. 8, s. 1 ; and see B. v. ColUns, 9 C. & P. 456 ; 
 
 398142
 
 38 
 
 Fuhlic Meetings. 
 
 Chap. IV 
 
 Words 
 .-unounting 
 to con- 
 tempt of 
 (Hiurt. 
 
 I\ewspaper 
 reports of 
 public 
 nieetinsrs. 
 
 B. V. Bvrdetf, 1 St. Tr. N. S. 1 ; B. v. Burns, 16 Cox 
 
 C. C. 355), But there is no sedition in criticising or 
 censuring the servants of the crown, or the administra- 
 tion of the law, or in seeking redress of grievances, or in 
 the fair discussion of all party questions, if no corrupt or 
 malicious motives are imputed {B. v. Sullivan, 11 Cox 
 C. C. 4tl:), and if such discussions are conducted in a 
 calm, quiet, and temperate manner {B. v. Collins, 9 C. & 
 P. 461). " The people have a right to discuss any griev- 
 ances they may have to complain of, but must not do it 
 in a way to excite tumult " (/&.). 
 
 It is a contempt and misdemeanour to speak words 
 defamatory of any superior court of justice, or of the 
 administration of justice, with intent to obstruct and 
 invalidate its proceedings, to annoy its officers, to 
 diminish its authority and dignity, and to lower it 
 in public esteem ; and such contempts are punishable 
 summarily by the court itself with fine and imprison- 
 ment as well as by indictment (B. v. Gordon, Lord 
 George, 22 Howell's St. Tr. 175 ; B. v. Jeff, 15 Yin. Abr. 
 89 ; B. V. Hart & Wute, 30 Howell's St, Tr. 1131, 1194). 
 But there is no contempt in just criticism on the adminis- 
 tration of the law ; and a speaker may fairly and freely 
 criticise the proceedings of courts* of justice and of 
 individual judges, if he do so after the case is over, and 
 without malignity, without imputing corrupt or malicious 
 motives {B. v. SuUivan, 11 Cos C, C, 44), and without 
 seeking to bring into hatred and contempt the adminis^ 
 tration of justice (i?. v. White, 1 Camp. 359 n). 
 
 A fair and accurate report in a newspaper of the pro- 
 ceedings of a public meeting, if made and published 
 without malice, and not containing anything blasphemous 
 (see ante, p. 36), seditious (see ante, p. 37), or indecent, 
 is, 2^rimd facie, privileged ; but the meeting must have 
 been bond fide and lawfully held, for a lawful purpose, 
 
 I
 
 Reports. Sd 
 
 and for the furtherance or discussion of a matter of Chap. iv. 
 public concern, the publication must be for the public 
 benefit, and the editor or proprietor must, if requested, 
 insert in his newspaper in which the report complained 
 of appeared, a reasonable letter or statement by way of 
 contradiction or explanation of such report, otherwise 
 all privilege is lost (51 & 52 Vict. c. 64, s. 4 ; and see 
 Pankhiirst v. Sowler, 3 Times L. R. 193 ; Pittard v. 
 Oliver, 1891, 1 Q. B. 474). The publication of blasphe- 
 mous, seditious, and indecent matter cannot be for the 
 public benefit, and cannot therefore, under any circum- 
 stances, be justified {B. v. Duffy, 9 Ir. L. R. 329 ; ex 
 parte O'Brien, 15 Cox C. C. 180). 
 
 A public newspaper may comment upon, and discuss Libellous 
 in a fair and bond fide manner, the public conduct of tl e comment?. 
 candidates, their agents, and prominent supporters, and 
 all matters of local interest arising during the contest ; 
 and such comments, though unfavourable, are privileged, 
 and do not amount to a libel. But the distinction 
 tjannot be too clearly borne in mind between mere 
 comment (or criticism) and allegation of fact, such as 
 that disgraceful acts have been committed, or discredit- 
 able language used {Davis v. Shepstone, 11 App. Cas. 
 190). It is is one thing to comment upon or criticise, 
 even with severity, the acknowledged or proved acts of a 
 public man, and quite another to assert that he has been 
 guilty of particular acts of misconduct {ih.). 
 
 Thus, it is libellous to impute to a solicitor disgraceful Imputa- 
 conduct in having at an election disclosed confidential *'°"^ "' 
 
 ° corrupt 
 
 communications made to him professionally {Moore v. conduct. 
 Terrell, 4 B. & Ad. 870) ; and, though a newspaper may 
 comment on the fact that corrupt practices extensively 
 prevailed at a recent election, it is not privileged in 
 imputing that a specified individual has been guilty of a 
 particular corrupt practice {Wilson v. Beed, 2 F. & F.
 
 49 
 
 Public Meetings. 
 
 Chap. IY. 
 
 News- 
 vendor of 
 libellous 
 news- 
 papers. 
 
 149 ; BicJceson v. HilUard, L. R. 9 Exch. 79). A public 
 writer may comment on the distribution of government 
 patronage, and may criticise the fitness of any person to 
 be a member of parliament ; but he may not assert that 
 there had been a corrupt promise or understanding that 
 such person would receive an appointment, or be other- 
 wise rewarded if he always voted according to order 
 {Seymour v. Butterworth, 3 F. & F. 372). The political 
 address of a candidate, and the conduct of persons 
 attending an election meeting, are fair subjects for bond 
 fide discussion, and unfavourable comments upon such 
 address or conduct are privileged {Davis v. Duncan, 
 L. E. 9 C. P. 396) ; and so is the public career, but not 
 the private life or circumstances, of any candidate 
 {Dunromhe v. DanieU, 8 C. & P. 222). And a public 
 man who calls attention to alleged grievances by speeches 
 at public meetings or otherwise, must be prepared to 
 tolerate ridicule, caricaturing, and sneering in a public 
 newspaper ; and to have his assertions controverted, and 
 his alleged grievances held up to public derision and con- 
 demnation {Odger v. Mortimer, 28 L. T. 472). 
 
 A newsvendor is not liable for selling a newspaper 
 containing a libel, if he sold it in the ordinary course of 
 his business, did not know that it contained a libel, if 
 his ignorance was not due to any negligence on his part, 
 and he had no ground for supposing that the newspaper 
 was likely to contain libellous matter {Emmens v. Pottle, 
 1 Cab. & E. 553 ; 16 Q. B. D. 354).
 
 ( 4] ) 
 
 CHAPTER V. 
 
 BRINGING VOTERS TO THE POLL. 
 
 Illegal hiring, to let, borrow, 
 
 etc., cixrriages, etc. , . 41 
 Illegal practice, to pay, etc., 
 
 for voters^ conveyance , 42 
 Difference between the two 
 
 sections and off'ences , „ 
 Voters may be conveyed in 
 
 borrowed conveyances . 43 
 Exemption from licence 
 
 duty 44 
 
 An elector may pay for his 
 
 own conveyance to the 
 
 poll „ 
 
 So may several electors at 
 their joint cost ... 45 
 
 Exemption from turnpike 
 
 toll in county elections. „ 
 
 Conveyance of voters by sea 
 in certain county elec- 
 tions „ 
 
 Relief from consequences of 
 
 illegal practice or hiring 46 
 
 Prohibited or disqualified 
 voters should not be 
 brought up to vote . . „ 
 
 etc. 
 
 The statutes which formerly permitted payment for illegal 
 the conveyance of voters to or from the poll (viz., 21 & b>""g' *<• 
 
 -, -r-r. ^^ ^ ' -,. let, borrow, 
 
 22 Vict. c. 87, s. 1 ; 30 & 31 Vict. 102, s. 36 ; 43 Vict, etc., 
 c. 18, s, 2) have all been repealed (C. I. P. P. A. s. 66), c^'Tiages, 
 and it is now an illegal hiring to — 
 
 1. Let or hire, 
 
 2. Lend or borrow, 
 
 3. Employ or use, 
 
 for the purpose of conveying electors to or from the poll, 
 any public 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 a person keeps or 
 uses for the purpose of letting out for hire (G. I. P .P. A.
 
 42 
 
 Bringing Voters to the Poll. 
 
 CilAP. V. 
 
 Illegal 
 practice to 
 pay, etc., 
 for voters' 
 convey- 
 ance. 
 
 Difference 
 between 
 the two 
 sections 
 
 s. 14, subs. 1, 2). It will be observed that this provision 
 does not include ships, barges, or boats (cp. C. I. P. P. A. 
 s. 7, infra). The offence of illegal hiring becomes an illegal 
 practice when conunitted by the candidate or election 
 agent {ib. s. 21, sub. 2), and when so committed the 
 election may be set aside (ib. s. 11) ; but a person who 
 hires, borrows, or uses, for the purpose of conveying 
 electors to or from the poll, a prohibited carriage, horse, 
 or animal, is not guilty of an illegal hiring, unless he 
 knows that its owner is prohibited by the statute from 
 letting, lending, or employing, the same for that purpose 
 (ib. s. 14, sub. 2 ; and see BucJcrose, 4 O'M. & H. 117). 
 As to the punishment for an illegal hiring, see post, p. 57. 
 
 It is also an illegal practice to pag or contract to pay, 
 and knowingly to receive payment or be party to any 
 contract for payment, for the conveyance of electors to or 
 from the poll, whether for the hiring of horses or car- 
 riages, or for railway fares, or otherwise (C. I. P. P. A. 
 s. 7, subs. 1 a, 2) ; and if the offender be an agent of the 
 candidate the election may be set aside {ib. s. 11). It 
 is thus an illegal practice to pay, or receive payment, or 
 to contract for payment, for the conveyance of voters to 
 or from the poll, whether by horses or carriages, railway 
 fares or passes, ferry or other boats, steamers, sailing 
 ships, " or otherwise." The only exception is that voters 
 may be conveyed to the poll across the sea in certain 
 county elections, as to which seepost, p. 45. " Payment " 
 includes pecuniary reward, valuable security, or con- 
 sideration (C. I. P. P. A. s. 64) ; and thus includes refresh- 
 ment {Barrow-in-Furness, 4 O'M. & H. 78). As to the 
 punishment for and incapacities arising by reason of an 
 illegal practice, see post, p. 52. 
 
 The material difference between the two sections of 
 the C. I. P. P. A. (s. 14, subs. 1, 2, and s. 7, sub. 1 a)— 
 the offence of illegal letting or hiring under the latter
 
 Brmgi7i(j Voters to the Poll. 43 
 
 being an illegal practice by whomsoever committed, while Chap. v. 
 
 under the former it is an illegal payment merely, unless , 
 
 the offender be the election agent — naturally invites all offences. 
 
 parties concerned to endeavour to bring any particular 
 
 case of letting or hiring within the section (s. 14) which 
 
 carries with it the lesser punishment and does not avoid 
 
 the election. The earlier section (s. 7) is more general in 
 
 its terms than the later section (s. 14), and, therefore, in 
 
 accordance with the rule that where a general intention 
 
 is expressed, and the Act also expresses a particular 
 
 intention incompatible with the general intention, the 
 
 particular intention is to be considered in the nature of 
 
 an exception {Churchill v. Crease, 5 Bing. 180 ; and see 
 
 Pretty v. Solly, 2G Beav. 610), and with the further rule 
 
 that an earlier passage gives way to a later (Maxwell, 
 
 46), any case that falls within s. 14 must, it is submitted, 
 
 be considered as excepted from s. 7. It may possibly be 
 
 held that the penalties under the two sections are 
 
 cumulative; but the better construction seems to be that 
 
 the later section of the Act (s. 14) qualifies the earlier, 
 
 and takes the persons therein specifically dealt with out 
 
 of the general words of the earlier section (s. 7). 
 
 There is nothing to prevent the conveyance of voters Voters may 
 to or from the poll in carriages, steam-vessels, ships, ^^ <=°"". 
 barges or boats, or on horses or other anunals, lent borrowed 
 gratuitously for the purpose, provided that the same be convey- 
 not kept or used for the purpose of letting out on hire 
 (C. I. P. P. A. s. 14, subs. 1, 2, ante, p. 41). Nor is the 
 employment- of the person in charge of the borrowed 
 carriage, steam-vessel, etc., an illegal employment, if his 
 payment or remuneration is made by the owner of the 
 carriage, etc., and not by the election agent. 
 
 The lending must be perfectly horn fide and not upon 
 any understanding, express or implied, that the lender is 
 to receive any reward, valuable security or payment.
 
 u 
 
 Bringing Voters to the Poll. 
 
 Chap. V. 
 
 Exemption 
 from 
 licence 
 duty. 
 
 An elector 
 may pay 
 
 Under no pretence must any payment, gift, offer, or 
 promise, either in money or kind, be made by, or on 
 behalf of, the candidate or his election agent to the 
 coachman or driver, nor must any person be hired or 
 paid to drive a borrowed vehicle. 
 
 The object for which a horse, carriage, etc., is kept 
 in non-election times seems to govern its loan and use 
 in election times ; and the prohibition appears to be 
 directed against the employment of vehicles, etc., ordina- 
 rily hired for the conveyance of passengers rather than 
 of goods or merchandise. A Mvery-stable keeper cannot 
 lend a single carriage or horse, nor can he use his own 
 carriage or horse to convey his own friends to or from 
 the poll. A carriage or horse which a person keeps and 
 generally uses for his own trade or pleasure, but which 
 he sometimes lets out for hire, may probably be lent and 
 used, and so also a carriage or horse hired on job and 
 not for the occasion. Farmers, tradesmen, and others 
 may safely lend or use the carts, traps, waggons, horses, 
 etc., which they keep for the purposes of their trade, 
 even though they hire on the poll-day other vehicles to 
 replace those so lent or used ; but any cart, trap, horse, 
 etc., which is kept for the express purpose of being let 
 out for the conveyance of passengers, although the owner 
 occasionally uses it for his own purposes, is clearly pro- 
 hibited. A spring van or cart intended and used for the 
 conveyance of goods or removal of fm-niture, and only 
 occasionally used for the conveyance of pleasure parties, 
 may perhaps also be lent or used. 
 
 Persons are not liable to pay any duty, or to take 
 out a licence for any carriage, by reason only of such 
 carriage being used, without payment or promise of pay- 
 ment, for the conveyance of voters to or from the poll 
 (C. I. P. P. A. s. 14, sub. 4). 
 
 The C. I. P. P. A. expressly permits a carriage, horse
 
 Bringing Voters to the Foil. 45 
 
 or other animal being let to, or hired, employed, or used Chap. v. 
 by an elector, or several electors at their joint cost, for foj. his own 
 the pm-pose of being conveyed to or from the poll conveyance 
 (C. I. P. P. A. s. 14, sub. 3). An elector may therefore ^^ *^" P**"- 
 pay for his own conveyance in a public stage or hackney 
 carriage (a coach, omnibus or cal)), or on horseback, or 
 by railway, to or from the poll, and so may several So may 
 electors at their several or joint cost — though he or they several 
 are not expressly authorized to hire a boat, or any sea or their joint 
 river-going craft, for the same purpose. There is no cost, 
 deiinitiou of the term " joint cost," and if two electors 
 hire and proceed to or from the poll in a hackney 
 carriage, and one of them only pays the whole fare, it 
 would seem that the two electors, and also the owner of 
 the carriage, if he knew of the purpose for which it was 
 hired (see Bwkrose, 4 O'M. & H. 117), are each and all 
 guilty of an illegal hiring. If each contribute some- 
 thing, but one pay the substantial part of the whole fare, 
 they are probably each similarly guilty. But if one 
 elector bond fide hire a hackney carriage to convey 
 himself to or from the poll, and on his way pick up 
 another elector and give him a seat in the carriage, 
 without requiring him to pay his share of the cost, it 
 seems doubtful whether either elector, or the owner of 
 the carriage, be guilty of an illegal hiring, as the original 
 hiring of the carriage was lawful, and the case does not 
 fall within the words of the prohibition. 
 
 Voters going to and returning from the poll in a Exemptiou 
 county election, are exempt from toll on turnpike roads ^'■?"^t*"n'^' 
 situate within the county for which the election is held county 
 
 (3 Geo. IV. C. 12(5, S. 32). elections. 
 
 Where the nature of a county is such that any electors Convey- 
 residing therein are unable, at an election for such county, ^"f ^ ^\ 
 
 11- IT 1 • , . 1 voters by 
 
 to reach their poUmg place without crossing the sea, or sea in 
 a branch or arm thereof, the Act does not prevent the certain
 
 4G 
 
 Bringing Voters to the Poll. 
 
 Chap. V, 
 
 county 
 elections. 
 
 Relief from 
 conse- 
 quences of 
 illegal 
 practice or 
 hiring. 
 
 Prohibited 
 or disquali- 
 fied voters 
 should not 
 be brought 
 up to vote. 
 
 provision of means for conveying sncli electors by sea to 
 their polling place, and the payment for such means 
 of conveyance is a lawful expense (see C. I. P. P. A. 
 s. 48). This enactment is intended to meet the case of 
 electors separated by the sea from their polling places 
 by being resident on islands, or on the other side of 
 inlets or arms of the sea. It only applies in a county 
 election, and to voters residing within the county, and 
 not to out-voters. Apparently, also, it applies only to 
 so much of the journey as is performed by sea, and not 
 to any part that takes place on land, or across an inland 
 lake, nor to the return from the poll. The mouth of a 
 navigable river, which cannot be shewn to be " a branch 
 or arm of the sea," is not within the enactment. 
 
 As to when the payment of travelling expenses 
 amounts to bribery, see ' Election Agent,' p. 388. 
 
 Relief in respect of any offence against the statutory 
 provisions discussed in this chapter will, apparently, not 
 be granted, unless under very special circumstances 
 {Chelsea, 2 Tunes L. R. 374). 
 
 Great care must be taken not to bring up auy voter 
 who is prohibited by statute from voting. Any person 
 who brings up a voter, knowing that such voter is so 
 prohibited, and who thereby induces or procures such 
 voter to vote, is guilty of an illegal practice (C. I. P. P. A. 
 s. 9, sub. 1). And the voter who votes, knowing that he 
 is prohibited by statute from voting, is similarly guilty 
 iih.). 
 
 The consideration of who are qualified, and who are 
 disqualified, voters is dealt with in the ' Election Agent,' 
 Chap. XXIII., p. 340. It is sufficient here to state 
 that the following electors are prohibited by statute from 
 voting : viz., an infant, an unpardoned felon, persons 
 guilty of corrupt or illegal practices, a paid election 
 agent, sub-agent, polling agent, clerk, or messenger, and
 
 Bringing Voters to the Poll. 4.7 
 
 any person whose name is not on the register for the Chap. V. 
 
 time being in force for the election. Aliens and peers 
 
 are prohibited by the common law from voting, but, if, 
 on the register, they may be brought up to vote, and 
 the validity of the vote can be determined afterwards on 
 a scrutiny. A deaf or dumb, a childish or infirm person, 
 a lunatic or drunkard, who is on the register, may be 
 brought up to vote if he can satisfy the tests stated, 
 ' Election Agent,' pp. 354, 351 ; but it seems useless to 
 attempt to poll an idiot, or a woman, even though on 
 the register. A blind person, or one who from other 
 physical cause cannot mark a ballot paper, gives his vote 
 through the presiding oflBcer (see B. A. r. 26).
 
 48 
 
 Corrupt Practices. 
 
 Definition. 
 
 Bribery. 
 
 CHAPTER VI. 
 CORRUPT PRACTICES. 
 
 Definition 48 
 
 Bribery „ 
 
 Treating 49 
 
 PAGE 
 
 Undue influence . . .49 
 Personation 50 
 
 It is not to be supposed that any volunteer assistant will 
 sanction, far less participate in, any corrupt practice ; 
 but that he may appreciate the dangers he has to avoid, 
 it seems desirable to deal shortly with the subject. For 
 more detailed information, the reader is referred to any 
 of the well-known text-books. 
 
 Corrupt practices comprise bribery, treating, undue 
 influence, personation, and the aiding, abetting, coun- 
 selling, and procm'ing of personation (C. I. P. P. A. 
 s. 3). 
 
 Bribery may be shortly defined as the direct or 
 indirect gift, loan, offer, or promise or procurement, 
 before, during, or after an election, of any money, 
 valuable consideration, office, place, or employment, to 
 or for any voter, in order to induce such voter to vote, 
 or to refrain from voting, or because he has voted or 
 refrained from voting, for any person, or because he has 
 procured, or endeavoured to procure, the return of any 
 person to parliament, or the vote of any voter (17 & 18 
 Vict. c. 102, s. 2). The essence of a bribe is its corrupt 
 intention, and if that be proved, the amount of the bribe 
 is immaterial, even though the act be isolated and
 
 Corrupt Practices. 49 
 
 insignificant. The recipient of the bribe is guilty of Chap. vi. 
 bribery as well as the briber (17 & 18 Vict. c. 102, s. 3 ; 
 C. I. P. P. A. s. G6). A mere offer, or promise, of a 
 bribe, a loan as distinguished from an absolute gift, may 
 be a bribe, and it matters not how long before the 
 election the bribe be given, if it be operative on the 
 person bribed at the time of the election. See further 
 hereon ' Election Agent,' p. 380. 
 
 Treating may be shortly defined as the direct or Treating, 
 indirect, corrupt gift or provision, before, during, or 
 after an election, of meat or drink to any person, for the 
 purpose of corruptly influencing any person to give or 
 refrain from giving his vote, or on account of his 
 having voted or refrained from voting at an election 
 (C. I. P. P. A. s. 1). The elector who corruptly accepts 
 the same is also guilty of treating (Jb.). The corrupt 
 intent is of the very essence of the offence ; treating 
 hcfore the election must be operative on the elector at 
 the time he votes or is expected to vote, and treating 
 after the election must be for the purpose of rewarding 
 the voter for having voted in a particular way, or in 
 pursuance of a previous corrupt understanding or 
 agreement. But mere hospitality, unaccompanied by 
 any corrupt motive, is not treating. See further hereon 
 ' Election Agent,' p. 40G. 
 
 Undue influence may be shortly defined as the direct Undu/; 
 or indirect use or threat of force, violence, or restraint, influence, 
 or the infliction or threat of temporal or spiritual injury, 
 damage, harm, or loss, upon or against any person, to 
 induce or compel such person, to vote or refrain from 
 voting, or on account of such person having voted or 
 refrained from voting, at an election, or the impeding or 
 preventing of the free exercise of the franchise by 
 abduction, duress, or any fraudulent device or contrivance 
 (C. I. P. P. A. s. 2). Influence to be undue must be 
 
 [1] E
 
 tion. 
 
 '50 Corrupt Practices, 
 
 Chap. VI. corrupt, but the threat or attempt is an offence equally 
 -with the actual act. See further hereon ' Election 
 Agent,' p. 42:3. 
 
 Persona- Personation is the application for a ballot paper in the 
 
 name of some other person, or the application in the 
 applicant's own name after having already voted at the 
 same election (B. A. s. 24). The aiding, abetting, 
 counselling, or procuring the commission of personation 
 is also personation (C. I. P. P. A. s. 3). The offence 
 must be knowingly and wilfully committed, and with a 
 corrupt mind and intention ; an innocent or honii fide, 
 though erroneous, application for a ballot paper is not 
 personation. See further hereon ' Election Agent,' 
 p. 434.
 
 ( 01 ) 
 
 CHAPTER VII. 
 
 ILLEGAL PRACTICES, PAYMENT, EMPLOY- 
 MENT, AND HIRING. 
 
 I. ILLEGAL PKACTICES. 
 
 Definition of illegal practice, 
 
 and its consequences . 52 
 Definition of ^'■payment" 
 ''^pecuniary reward,'^ 
 and " money " . . .53 
 Definition of " person ". . „ 
 Illegal practices by can- 
 didate OK ANY agent „ 
 1 — 3. Payments or con- 
 tracts for payments 
 for ;— 
 
 1 . Conveyance of voters 
 
 to or from the poll . 54 
 
 2. Exhibition of ad- 
 dresses, notices, etc. „ 
 
 3. Committee rooms in 
 excess of nmnber 
 alloiced . . , . „ 
 
 4. Payment, etc., of elec- 
 tion expenses, otherwise 
 than through the election 
 agent „ 
 
 5. Payment of money pro- 
 vided for election ex- 
 penses, otherwise than 
 to the candidate or elec- 
 tion agent .... 55 
 
 55 
 
 Illegal practices by can- 
 didate OR election 
 
 AGENT 
 
 1. Paying expenses in 
 excess of maximum . „ 
 
 2. Voting, or procuring 
 votes, ichen prohibited . „ 
 
 3. Publishing false state- 
 ment of candidate's 
 ivithdraival. . . . „ 
 
 4. Printing, etc., election 
 placards, etc., icithout 
 printer's, etc., name, etc. „ 
 
 5 — 10. Bi ing guilty of an 
 illegal payment, etc. 55-C 
 11. Failing to make return 
 or declaration as to elec- 
 tion expenses , 
 Illegal practices by 
 election agent . 
 
 1. Paying claims not sent 
 in to election agent, or 
 sent in after time . 
 
 2. Paying election expen- 
 ses after time . 
 
 Illegal practices by 
 ■whomsoever com- 
 mitted 
 
 E 2 
 
 5(J
 
 52 
 
 Illegal Practices. 
 
 Chap. VII. 
 
 II. ILLEGAL PAYMENT, EMPLOYMENT, AND 
 HIEING. 
 
 PAGE 
 
 PAGE 
 
 Definition and consequences 
 
 57 
 
 Illegal hiring .... 
 
 59 
 
 Illegal payments . 
 
 5) 
 
 1. Letting, etc., hackney 
 
 
 1. Providing money for 
 
 
 carriages, etc., to convey 
 
 
 illegal payments 
 
 »5 
 
 electors to the poll . 
 
 „ 
 
 2. Corrupt withdrawal of 
 
 
 2. Hiring, etc., prohibited 
 
 
 candidate .... 
 
 n 
 
 premises for committee 
 
 
 3. Paying, etc., for music. 
 
 
 room 
 
 „ 
 
 torches, flags, etc. . 
 
 „ 
 
 Unclassified offences 
 
 „ 
 
 Illegal employment . 
 
 58 
 
 Printing, etc., election 
 
 
 1 . Employing, etc., persons 
 
 
 placard, etc., without 
 
 
 for unauthorized pur- 
 
 
 printer's, etc., name, etc. 
 
 » 
 
 poses or remuneration . 
 
 „ 
 
 Giving, etc., cockades, etc. 
 
 „ 
 
 1, Illegal Peactices. 
 
 Definition An illegal practice is an offence created by the Act of 
 practice 1883. Some acts are illegal practices when committed 
 ■md its con- by any agent or person whomsoever ; some are so only 
 hequences. ^yj^gjj committed by the candidate or his election agent ; 
 and some are so only when committed by the election 
 agent. As regards the seat, some illegal practices avoid 
 the election if committed by the candidate or any of his 
 agents (C. I. P. P. k.. s. 11), bnt others have this effect 
 only when committed by the candidate or his election 
 agent {ib. ss. 9, 21), and of the latter, some payments by 
 the election agent which amount to illegal practices, do 
 not avoid the seat if the election court reports that the 
 payment was without the sanction or connivance of the 
 candidate {ib. s. 29, sub. 6). As regards the offender, 
 his vote is, ipso facto, void {ib. s. 36), and a conviction 
 renders him liable to a line of £100, and incapacitates 
 him for five years from voting at any election held for 
 or within the county or borough in which the illegal 
 practice has been committed {fb. s. 10). As regards the
 
 Illegal Practices. 
 
 53 
 
 eligibility to parliament, if the election judges report 
 that the illegal practice was committed by or with the 
 knoivledge and consent of the candidate, he is ineligible for 
 the county or borough for seven years next after the 
 date of the report ; and if the report is that the illegal 
 practice was committed hy the candidates agents, the 
 candidate is ineligible for the comity or borough during 
 the parliament for which the election was held (C, I. P. 
 P. A, s, 11). As to relief against the consequences of 
 the illegal practice, see ' Election Agent,' p. 483. 
 
 In considering the subjects of illegal practices, and of 
 illegal payment, employment or hiring, it must be care- 
 fully borne in mind that the expression " payment " 
 includes any pecuniary or other reward ; that the ex- 
 pressions " pecuniary reward " and " money," include any 
 office, place, or employment, and any valuable security or 
 other equivalent for money, and any valuable considera- 
 tion (C. I. P, P. A. s. 64) ; and that refreshment, for ex- 
 ample, being money's worth, is equivalent to payment 
 {Barroit'-in-Furtiess, 4 O'M. & H. 78), Also, that the 
 expression " person " includes an association or body of 
 persons, corporate or unincorporate, and that where any 
 act is done by any such association or body, the members 
 of such association or body, who have taken part in the 
 commission of such act, are liable to any fine or punish- 
 ment im])osed for the same by the Act (C. I. P. P. A. 
 s. 64). The knowledge which the offender must possess 
 is a knowledge of the facts which constitute the offence ; 
 e.g. he must be fixed with knowledge of all facts which 
 constitute a conveyance a public stage or hackney 
 carriage (i7». s. 14), and that established, the presump- 
 tion as to knowledge of the law will apply and bring 
 the case within the Act. 
 
 The acts which are illegal practices, avoiding the 
 election, if committed by the candidate or any of his 
 
 Chap. VII. 
 
 Definition 
 of " pay- 
 ment," 
 "pecuniary 
 reward," 
 and 
 " moriey." 
 
 Definition 
 of " pei'- 
 son." 
 
 ILLEGAL 
 PRACTICES 
 BY CANDI-
 
 u 
 
 Illegal Practices, 
 
 Chai>. VII. 
 
 DATE OR 
 
 ANV 
 
 AGENT, 
 
 Paymeuts, 
 or con- 
 tracts for 
 jiavment 
 for :— 
 
 1. Convey- 
 ance of 
 voters to or 
 from the 
 poll. 
 
 2. Exhibi- 
 tion of 
 addresses, 
 notices, etc. 
 
 3. Commit- 
 tee rooms 
 in excess of 
 number 
 allowed. 
 
 4. Pay- 
 ment, etc., 
 of election 
 expenses, 
 otherwise 
 than 
 through 
 the election 
 ajjent. 
 
 agents (C. I. P. P. A. s. 11), are five in number, 
 viz, : — 
 
 1, 2 «fc 3, Any payment, or contract for payment, 
 knowingly made in contravention of the Act, or the 
 receiving any payment, or being party to any contract, 
 with the like knowledge, on account of : — • 
 
 {a.) The conveyance of electors to or from the poll, 
 whether for the hiring of horses or carriages, 
 or for railway fares, or otherwise (C. I, P. P. 
 A. s, 7, snb, 1 (r/) and sub. 2, and see ante, 
 p. 42). 
 
 (Jb.) The use of any hoiLse, land, bmlding, or premises 
 for the exhibition of any address, bill, or notice, 
 or on account of the exhibition of any address, 
 bill, or notice, the recipient, or party to the con- 
 tract, being an elector, and not an advertising 
 agent receiving such payment or making such 
 contract in the ordinary course of his business 
 (C. I, P. P. A. s. 7, sub. 1 {b), subs. 2, 3). 
 
 (f.) Any committee room in excess of the number 
 allowed by the Act (C. I. P. P. A. s. 7, sub. I 
 (r), sub. 2, and see ante, p. 23). 
 
 4. Any payment, advance, or deposit, on account of 
 or for expenses incurred in respect of the conduct or 
 management of the election (not being security to, or 
 payments by, a returning officer, and not being petty 
 expenses legally incurred by, and not repaid to, the 
 person paying), made by a candidate, or any agent on 
 his behalf, or any other person, at any time, whether 
 before, during, or after the election, otherwise than 
 through the election agent (C. I. P. P. A. s. 28). Any 
 such payment for any such expense, by whomsoever 
 incurred, and whether for a legal or an illegal expense, 
 is an illegal practice within this section (see Ipswich,
 
 Illegal Practices. 
 
 55 
 
 4 O'M. & H. 72 ; Korwich, ib. 89 ; Burkrosp, ib. IIG). A 
 bond fide gift, prompted by frieudship or gratitude, 
 especially if it be iu kind and not in money, is probably 
 unobjectionable, and no infringement either of the spirit 
 or the letter of the Act (see C. I. P. P. A. ss. 17, 28, 33, 
 and see the candidate's declaration as to expenses, ib. 
 sch. II. pt. I). 
 
 5. The payment to any person, other than the candi- 
 date or his election agent, of any money provided for 
 election expenses (not being security to, or payments 
 by, a returning officer, and not being petty expenses 
 legally incurred by, and not repaid to, the person paying), 
 by any person, association, or body of persons, corporate 
 or unincorporate (C. I. P. P. A. s. G4), other than the 
 candidate {ib. s. 28). 
 
 The acts which are illegal practices when committed 
 by the candidate or his election agent, and which avoid 
 the election (C. I. P. P. A. s. 11), are eleven in number, 
 viz. : — 
 
 1. Knowingly paying for, or incurring, any election 
 expense in excess of the maximum amount allowed 
 (C. I. P. P. A. s. 8, subs. 1, 2). 
 
 2. Voting when prohibited by statute, or knowingly 
 inducing, or procuring, any person to vote who is so 
 prohil)ited from voting (C. I. P. P. A. s. 1), subs. 1, 3). 
 
 3. Knowingly publishing a false statement of the with- 
 drawal of a candidate, for the purpose of promoting or 
 procuring the election of another candidate (C. I. P. P. A. 
 s. 9, subs. 2, 3). 
 
 4. Printing, publishing, or posting, or causing to be 
 printed, published, or posted, any bill, placard, or poster, 
 having reference to an election, which does not bear 
 upon its face the name and address of the printer and 
 publisher (C. I. P. P. A. s. IS). 
 
 5 — 10. Being personally guilty of an offence of illegal 
 
 Chap. VII. 
 
 5. Pay- 
 ment of 
 money pri- 
 vided for 
 election 
 expenses, 
 otherwise 
 than to the 
 candidate 
 or election 
 agent. 
 
 ILLEGAL 
 PRACTICES 
 BY CANDI- 
 DATE OR 
 ELECTION' 
 AGENT. 
 
 1. Paying 
 expenses iu 
 excess of 
 maximum. 
 
 2. Voting, 
 or procur- 
 ing votes, 
 when 
 prohibited. 
 
 3. Publish- 
 ing false 
 statement 
 of candi- 
 date's with- 
 drawal. 
 
 4. Print- 
 ing, etc., 
 election 
 placards, 
 etc., 
 without
 
 56 
 
 Illegal Practices. 
 
 CllAI'. VII. 
 
 ))rinter's 
 etc., name, 
 etc. 
 
 5-10. Be- 
 ing guilty 
 I if an 
 
 illegal pay- 
 ment, etc. 
 
 11. Failing 
 to make 
 return or 
 declaration 
 a.s to 
 election 
 exjiensej. 
 
 ILLEGAL 
 I'-RACTiCES 
 BY ELEC- 
 TION 
 AGENT. 
 
 1. Paying 
 claims not 
 sent in to 
 election 
 agent, or 
 sent in 
 after time. 
 
 2. Paying 
 election 
 expenses 
 after time. 
 
 ILLEGAL 
 PRACTICES 
 BY WHOM- 
 SOEVER 
 COMMIT- 
 TED. 
 
 payment, employment, or hiring (C. I, P. P, A. s. 21, 
 sub. 2). 
 
 11. Failing, without authorised excuse, to comply with 
 the provisions of the Act as to the return and declara- 
 tions respecting election expenses (C. I. P. P. A. s, 33, 
 sub. 6 ; Buch-ose, 4 O'M. & H. 117). 
 
 The two following acts are, by the terms of the respec- 
 tive sub-sections, illegal practices only when committed 
 by the election agent. They avoid the election (C. I. P. 
 P. A. s. 11), unless it be shewn to the court that the pay- 
 ment was made without the sanction or connivance of 
 the candidate {ih. s. 29, sub. G), or that the payment arose 
 from inadvertence, accidental miscalculation, or other 
 reasonable cause of a like nature, and not from want of 
 good faith, and the court should think it just to grant 
 rehef {ih. s. 23). 
 
 1. Paying, without a judgment or order of a com- 
 petent court, or leave of the High Court first obtained, 
 any claim for an election expense which is not sent in to 
 the election agent, or is sent in to him after the time 
 Hmited for sending in claims (C. I. P. P. A. s. 29, subs. 
 2, 8, 9). 
 
 2. Paying, without such leave, any election expenses 
 after the time limited for paying such expenses (C. I. P. 
 P. A. s. 29, sub. -i). 
 
 The acts which are illegal practices ab initio, and by 
 whomsoever committed, and which render the offender 
 liable to the fine and incapacities above mentioned 
 (p. 52), are seven in number, viz. : — 
 
 1 — 5. The five offences mentioned under the first 
 heading of " Illegal practices by candidate or any agent " 
 {ante, p. 53). 
 
 6, 7. The second and third offences mentioned under 
 the second heading of " Illegal practices by candidate or 
 election agent " {ante, p. 55).
 
 ( 57 ) 
 
 11. Illegal Payment, Employment, and Hiring, chap. vii. 
 
 An illegal payment, employment, or hiring is also an 
 offence which has mainly been created by the Act of 
 1883. It does not avoid the election, unless the offender 
 is the candidate, or his election agent or sub-agent, in 
 which case it becomes an illegal practice (G. I. P. P. A. 
 s. 21, sub, 2), and, as such, avoids the seat {ib. s. 11). It 
 avoids the vote {ib. s, 3G), and renders the offender liable 
 to a fine of £100 {ib, s. 21, sub. 1 ; and see further as to 
 this fine, ' Election Agent,' p. 472) ; but does not affect 
 his franchise or eligibility to parliament. 
 
 The following are illegal payments ; — ■ 
 
 1. Knowingly providing money for any payment pro- 
 hibited by the Act, or in excess of the maximum amount 
 allowed, or for replacing any money so expended, except 
 where the same may have been previously allowed by 
 the High Court to be an exception from the Act 
 (C. I. P. P. A. ss. 13, 23). 
 
 2. Corruptly inducing, or procuring, any candidate to 
 withdraw in consideration of any payment or promise 
 of payment, and the withdrawing of any candidate in 
 pursuance of any such inducement or procurement 
 (C. I. P. P. A. s. 15). 
 
 3. Making, or knowingly receiving, a payment, or 
 making or knowingly being party to a contract for pay- 
 ment, for the purpose of procuring or promoting a candi- 
 date's election, for bands of music, torches, flags, banners, 
 cockades, ribbons, or other marks of distinction, unless 
 an exception be allowed (C. I. P .P. A. s. IG, subs. 1, 2; 
 and see s. 19). 
 
 The giving or providing by a candidate or any agent 
 of cockades, ribbons, or other marks of distinrtion subjects 
 the offender to a penalty (see 17 & 18 Vict. c. 1U2, s. 7, 
 
 Definition 
 arid conse- 
 quences. 
 
 ILLEGAL 
 
 PAYMENTS. 
 
 1. Provid- 
 ing m< uey 
 for illegal 
 payments. 
 
 2. Corrupt 
 with- 
 drawal of 
 candidate. 
 
 3. Paying, 
 etc., for 
 music, tor- 
 ches, flags, 
 etc.
 
 58 lUogal Payment, 
 
 Chap. VII. aiid posit, p. 59) ; but the giving or providing by any 
 ■ person of music, iorr/iPs,ff((tjs, or banners is not illegal it" 
 no payment or contract for payment (see C. I. P. P. A. 
 s. 16, supra), be made ; and thus a gift or gratuitous 
 provision thereof for the purpose of the election 
 is permissible. The wearing of a cockade, ribbon, 
 flower, or other mark of distinction is not illegal, 
 but the wearer must provide it for himself. The 
 playing of a hand of music, or of a single musical 
 instriunent, the exhibition of a torch, flag, or banner, and 
 the lending of one or several musical instrimients, torches, 
 flags, or banners, is also not illegal, if the person possesses 
 same, or manufactures same himself, and if no payment 
 or contract for payment in respect thereof be made. 
 The expense of repairing a roof, which had been 
 damaged by a rope from which an election banner was 
 displayed, has been held not to be a payment on 
 account of a banner within C. I. P. P. A. s, IG {Slepney, 
 4 O'M. & H. 31)). 
 ILLEGAL The following is an illeggil employment : — 
 
 1. Engaging or employing for payment or promise of 
 payment, any person, or being so engaged or employed, 
 1. Employ- knowing that the same is contrary to law, for the pur- 
 person.s'for P^^^ ^^ promoting or procuring the election of a candi- 
 iinaiithor- date, in any capacity whatever, except those authorized 
 po'ses^or ' ^^^ ^^^^ ^^^^ ^^^ cxccpt SO far as payment is authorized 
 remuneia- by the Act, and subject to any exception that may be 
 allowed (C, I. P. P. A. ss. 17, 23, and see Stepney, 4 O'M. 
 & H. 52). " A person so engaged could not relieve him- 
 self from the consequences by merely pleading ignorance 
 of the law ; he would have to shew that he was ignorant 
 of the facts which made his engagement unlawful " 
 (Gorst, 3',)). An offer of refreshment to volunteer 
 workers, if accepted and acted upon by them, is an 
 engagement or employment, and the refreshment so 
 
 EMPLOV- 
 MEXT. 
 
 tion.
 
 Employment, and Hiring. 
 
 59 
 
 promised or given is payment within the above section 
 {Barrow-in-Furness, 4 O'M. & H. 78). 
 The following are illegal hirings : — - 
 
 1. Knowingly letting or hiring, lending or borrowing, 
 employing or nsing, for the conveyance of electors to or 
 from the poll, any public stage or hackney carriage, or 
 any horse or other animal kept or used for drawing the 
 same, or any carriage, horse, or other animal kept or 
 used to let out for hire (C. I. P. P. A. s. l-l, subs. 1, 2 ; 
 Buckrose, 4 O'M & H. 117 ; and see ante, p. -41). But 
 this does not extend to a carriage, horse, or other animal 
 let to, or hired, employed, ot used by an elector, or 
 by several electors at their joint cost, for the purpose of 
 his or their being conveyed to or from the poll (C. I. P. 
 P. A. s. 14, sub. 3 ; and see ante, p. 44). 
 
 2. Hiring, or using as a committee room, any pro- 
 hibited premises, and letting any such premises knowing 
 that the same are to be so used (C. I. P. P. A. s. 20 ; 
 Buckrose, 4 O'M. & H. 113, 114, 115; and see ante, 
 p. 20). 
 
 The following offence subjects the offender (not being 
 the candidate or his election agent), to a fine of £100 
 (C. I. P. P. A. 8. 18), and, if committed by the candidate 
 or his election agent, is an illegal practice {ih.). It is 
 not {ex parte De Wette, 5 Times L. K. 173), possibly by 
 an oversight, denominated an illegal payment, employ- 
 ment, or hiring : — • 
 
 Printing, publishing, or posting, or causing to be 
 printed, published, or posted, any bill, placard, 
 or poster having reference to an election, which 
 does not bear upon its face the name and address 
 of the printer and publisher (C. I. P. P. A. 
 s. 18). 
 The following, when committed by a candidate or any 
 agent, is also an offence against election law, and subjects 
 
 Chap. VII. 
 
 ILLEGAL 
 HIKING. 
 
 1. Letting, 
 etc., 
 hacl-njy 
 carriages, 
 etc., to 
 convey 
 electors to 
 the po.l. 
 
 2. Hiring, 
 etc., pro- 
 hibited 
 premises 
 forcomniit- 
 tee room. 
 
 UNCLASSI- 
 FIED 
 OFFESCEiS. 
 
 Printing, 
 
 etc., 
 
 election 
 
 placanl, 
 
 etc., 
 
 without 
 
 printer'.s, 
 
 etc., name, 
 
 etc. 
 
 Giving, 
 etc., cock- 
 aiies, etc.
 
 60 Illegal Payment, etc. 
 
 Chap. VII. the offender to a penalty of £2, with full costs of suit 
 (17 & 18 Vict, c. 102, s. 7), but it is not an offence created 
 by the C. I. P. P. A., and is not an illegal practice, pay- 
 ment, employment, or hiring within the meaning of that 
 Act :— 
 
 Directly or indirectly giving or providing to any 
 voter or inhabitant, any cockade, ribbon, or other 
 mark of distinction (17 & 18 Vict. c. 102, s. 7 ; 
 and see Nottingham, 1 O'M & H. 246). The 
 word " inhabitant " includes the wives and chil- 
 dren of voters. 
 See further as to this penalty, ' Election Agent,' 
 p. 455, and as to the offence of paying or contracting 
 for cockades, etc., see ante, p. 57.
 
 ( 61 ) 
 
 PART II. 
 
 MUNICIPAL ELECTIONS. 
 
 CHAPTER YIII. 
 
 DIFFERENCES BETWEEN MUNICIPAL AND 
 PARLIAMENTARY ELECTIONS. 
 
 Application of Act 
 Canvassers . 
 Committee rooms 
 
 PAGE 
 
 . 61 
 
 Places 'prohibited from use 
 for meetings .... 
 Bands of music, flags, etc. . 
 Conveyance of voters 
 
 65 
 
 Applica- 
 tion of Act. 
 
 The M. E. C. I. P. A. is a re-enactment with slight 
 variances of the C. I. P. P. A. The different matters 
 already discussed in considering a parliamentary election 
 are therefore applicable to a municipal election, subject 
 to the following special provisions and modifications. 
 
 Paid canvassers were recognized by the first Act which Canvassers, 
 was passed, dealing with corrupt practices at municipal 
 elections (35 & 36 Vict. c. 60, s. 7), but that Act, and 
 M. C. A. s. 82, which replaced it, prohibited paid can- 
 vassing by electors. This prohibition has now been 
 made universal, in the same manner as in parliamentary 
 elections (M. E. C. I. P. A. s. 13, sub. 1) ; and, except 
 to the extent that canvassing can be undertaken by the 
 paid clerks and messengers, canvassing must now be per- 
 formed, if at all, by volunteers. 
 
 The expression " committee room " has the same Committee
 
 62 Municipal Elections. 
 
 Chap. meaning in the M. E. C. I. P. A. as in the C. I. P. P. A. 
 Vin. (M. E. C. I. P. A. s. 34), as to which, see ante, p. 20; 
 but the section prohibiting the use of certain premises 
 for committee rooms at municipal elections, differs from 
 that relating to parliamentary elections. It is as follows : 
 16. (1.) {a.) Any premises which are licensed for the 
 sale of any intoxicating liquor for con- 
 smnption on or ofP the premises, or on which 
 refreshment of any kind (whether food or 
 drink) is ordinarily sold for consumption on 
 the premises, or 
 (J.) Any premises where any intoxicating liquor is 
 supplied to members of a club, society, or 
 association, or any part of any such premises, 
 shall not, for the purpose of promoting or procuring the 
 election of a candidate at a municipal election, be used 
 either as a committee room or for holding a meeting, 
 and if any person hires or uses any such premises or any 
 part thereof in contravention of this section, he shall be 
 guilty of illegal hiring, and the person letting or per- 
 mitting the use of such premises or part thereof, if he 
 knew it was intended to use the same in contravention 
 of this section, shall also be guilty of illegal hiring, 
 
 (2.) Provided that nothing in this section shall apply 
 to any part of such premises which is ordinarily let for 
 the purpose of chambers or offices or the holding of 
 public meetings or of arbitrations, if such part has a 
 separate entrance and no direct communication with any 
 part of the premises on which any intoxicating liquor or 
 refreshment is sold or supplied as aforesaid. 
 
 On comparing this with the corresponding provision 
 governing parliamentary elections (C. I. P. P. A. s. 20), 
 it will be observed that the former omits the exception 
 of a permanent political club, and the prohibition of the 
 use of a public elementary school, contained in the latter. 
 
 i
 
 Municipal Elections. 63 
 
 There being thus no permission, as there is at a par- Chap. 
 
 liamentary election, to use the premises of a permanent ; 
 
 political club as a committee room, such premises cannot 
 be so used, if they come within either subsection of 
 M. E. C. I. P. A. s. 16. The premises of a club where 
 tea, coffee and other non-intoxicant drinks only are sup- 
 plied to members, are not within the prohibition con- 
 tained in M. E. C. I. P. A. s. 16, sub. l,h; but, if such 
 drinks are " sold for consumption on the premises," such 
 a club falls within the prohibition contained in sub. 1, a, 
 of the same section. 
 
 It seems impossible to give any satisfactory reason for 
 the change of language (" supplied " and " sold ") in 
 these two subsections. The change must have been 
 intentional, but it is impossible to foresee what effect the 
 courts will give to the difference in language, or to lay 
 down any rule applicable to all cases that may arise. It 
 is suggested, however, that subsection i is a limitation 
 upon the generality of subsection a, and that conse- 
 quently clubs are not prohibited from being used as 
 committee rooms, except where they supply intoxicating 
 liquors to members ; also that subsection h may be 
 looked upon as being to some extent repugnant to sub- 
 section a, and that thus, according to the ordinary canons 
 of construction, the later of two repugnant provisions 
 must prevail over the earlier. If so, a club where non- 
 intoxicating drinks only are supplied is not a prohiljited 
 place. "Supplied" must, it is submitted, mean "sup- 
 plied for payment," as clubs where intoxicating drink is 
 supplied gratuitously, unless for a nefarious purpose, do 
 not exist, and the word " supplied " is perhaps used 
 instead of " sold " because it is used in conjunction with 
 " members," while " sold " doubtless means sold to the 
 public. 
 
 All licensed premises, refreshment houses, and clubs,
 
 I 
 
 64 Municipal Elections. 
 
 Chap. where food or drink is sold, are thus unavailable as com- 
 ^^^^' mittee rooms. 
 
 The premises of a public elementary school, not being 
 prohibited from use as committee rooms as they are at a 
 parliamentary election, may when obtainable, be used as 
 committee rooms at a municipal election. 
 
 The hiring, or letting, or use of any of the above 
 prohibited premises, or any part thereof, for a committee 
 room is an illegal hiring (M. E. C. I. P. A. s, IG, sub. 1, b) ; 
 and if the illegal hiring is by, or with the knowledge or 
 consent of, the candidate, the election may be avoided 
 {ib. s, 17, sub. 2, and s. 8, sub. 2). The hirer, and the 
 person using, are equally guilty of an illegal hiring, and 
 so also is the person letting, or permitting the use, if he 
 knew it was intended to use the room as a committee 
 room {ib. s. 16, sub. 1, b). 
 
 The nimiber of committee rooms that may be hired 
 for payment is less than in the case of a parliamentary 
 election. At a municipal election there may be hired 
 for payment one committee room for the borough or 
 ward, and if the number of electors in such borough or 
 ward exceeds 2,000, one additional committee room for 
 every 2,000 electors, and incomplete part of 2,000 electors 
 over and above the said 2,000 (M. E. C. I. P. A. s. 4, 
 sub. 1, c). Thus, in a borough or ward of from 2,001 to 
 4,000 electors inclusive, two committee rooms may be 
 hired for payment ; in a borough or ward having 4,001 
 to 0,000 electors, three committee rooms may be hired 
 for payment, and so on. 
 
 No payment or contract for payment shall, for the 
 purpose of promoting or procuring the election of a 
 candidate at a municipal election, be made on account 
 of any committee room in excess of the number allowed 
 (M. E. C. I. P. A. s. 4, sub. 1, c), under penalty of an 
 illegal practice {ib. sub. 2), avoiding the election, if such
 
 Municqxd Elections. 65 
 
 payment or contract has been made by the candidate or Ohap. 
 his agents {ih. s. 8, sub. 2). ; 
 
 All places prohibited from use as connnittee rooms Places iir< - 
 (as to which see ante, p. 20) are equally prohibited from ^'^'t«^ 
 use for holding meetings for the purpose of promoting for meet- 
 or procuring the election of a candidate at a municipal '"S^- 
 election (M. E. C. I. P. A. s. 16, sub. 1), whether such 
 meetings be public or private. There is no such pro- 
 hibition in parliamentary elections, and this thus 
 constitutes a material restriction on the ability to 
 hold meetings in support of a candidate at a municipal 
 election. But the meeting must be a meeting held " for 
 the purpose of promoting or procuring the election of a 
 candidate " {ih.) ; as to what is such a meeting, see 
 (mte, p. 28. 
 
 No payment or contract for payment shall, for the Baads of 
 purpose of promoting or procuring the election of a J]^"*"'"' : 
 candidate at a municipal election, be made on account of 
 bands of music, torches, flags, banners, cockades, ribbons, 
 or other marks of distinction (M. E. C. I. P. A. s. 12, 
 sub. 1), under penalty of an illegal payment (ih. sub. 2), 
 and of an illegal practice, if the offence be committed by 
 the candidate, or with his knowledge and consent 
 (ih. s. 17, sub. 2). The giving or providing of cockades, 
 ribbons, or other marks of distinction is not illegal 
 2)er se, as it is in a parliamentary election (see ante, p. 59), 
 and the giving or providing of bands of music, torches, 
 flags, or banners is also not illegal, if in either case no 
 payment (pecuniary reward, valuable security or con- 
 sideration, C. I. P. P. A. s. G4 ; M. E. C. I. P. A. s. 34), 
 or contract for payment be made. 
 
 The provision of the M. E. C. I. P. A. defining the Conm-anoe 
 illegal hiring and illegal practice in respect to the of voters, 
 conveyance cf voters to or from the poll at a municipal 
 
 [11 ¥
 
 Of) 3h(iucipal Eelections, 
 
 Ci[Ai'. election (ss. 4, 10), are repetitions of those enacted with 
 
 __■ respect to parliamentary elections (see ante, pp. 41, 42) ; 
 
 but there is no enactment permitting the conveyance of 
 
 voters hy sea as there is at parliamentary elections 
 
 {finfp, p. 45).
 
 ( 67 ) 
 
 PART III. 
 
 COUNTY COUNCIL ELECTIONS. 
 
 CHAPTER IX. 
 
 SIMILARITY OF COUNTY COUNCIL AND 
 MUNICIPAL ELECTIONS. 
 
 PAGE 
 
 Application of Act 67 
 
 The M. E. C. I. P. A. is applied to the election of AppHca- 
 eoimty councillors by L. Gr. A. s. 75 (see ex parte Walher, tionof Act. 
 ■>2 Q. B. D. 384), and there are no variances affecting 
 the subject matter of this Manual in the election of 
 county councillors, or distinguishing that from the 
 election of town councillors.
 
 ( C8 ) 
 
 PART lY. 
 
 ELECTIONS OF LOCAL BOARDS, IMPROVEMENT 
 COMMISSIONERS, POOR LAW GUARDIANS, AND 
 SCHOOL BOARDS. 
 
 CHAPTER X. 
 
 DIFFERENCES BETWEEN THE ABOVE AND 
 MUNICIPAL ELECTIONS. 
 
 PAGE 
 
 Application of Act . . . C8 
 Election meetings and cmn- 
 mittee rooms ...... 
 
 Offences as to voting papers ('.'.» 
 Election expenses , . . 7(' 
 
 Applicn- The provisions of M. E. C. I. P. A. are applied to the 
 
 tionof Act. al)ove elections by s. 3G, subject to the following : — 
 
 Election Nothing- shall render it unlawful to hold a meeting- 
 
 anT '"^* ^^^' ^^^ purpose of promoting or procuring the election 
 
 committee of a Candidate at any of the above-named elections in 
 
 rooms. g^jjy licensed or other premises not situate in an urban 
 
 sanitary district or in the metropolis (M. E. C. I. P. A. 
 
 s, 3G, sub. 1,/). Therefore, in the case of places not 
 
 situate in an urban sanitary district or the metropolis, 
 
 the provision in s. 16, prohibiting the use of licensed 
 
 premises as a committee room, or for holding an election 
 
 meeting, does not apply to the elections now under 
 
 consideration. This exception is doubtless due to the 
 
 difficulty there would be in many rural districts in 
 
 obtaining the ilsc of any other premises for holding 
 
 meetings.
 
 Local Board, etc., Elections. 69 
 
 When the poll at auy of the above-named elections is Chap. X. 
 taken by means of voting papers, such of the said provi- Qg~^ j,^ 
 sions as relate to personation, disclosure of votes and to voting 
 conveyance of voters, shall not apply ; but any offence Papers 
 in relation to voting papers, or to personation, or to 
 voting at such election which is punishable on summary 
 conviction (that is to say) the offences mentioned in the 
 Poor Law Amendment Act, 185,1 (14 & 15 Vict. c. 105), 
 s. a, and in the Public Health Act 1875, (38 & 89 Vict, 
 c. 55) sch. 11. r. G9, shall, without prejudice to the pun- 
 ishment under such section and rule of a person guilty of 
 such offence, be deemed to be an illegal practice within 
 the meaning of the said provisions (M. E. C. I. P. A. 
 
 36, sub. I (j). In school board elections the vote is 
 taken by ballot and not by voting papers, and at such 
 elections the above provision does not apply, but in the 
 other above-named elections the voting is by voting 
 papers. 
 
 Section 3 of the Poor Law Amendment Act, 1851, is as 
 follows : — " If any person, pending or after the election 
 of any guardian or guardians, shall wilfully, fraudulently, 
 and with intent to affect the result of such election, 
 commit any of the acts following : that is to say, fabri- 
 cate in whole or in part, alter, deface, destroy, abstract, 
 or purloin any . . . voting paper used therein, or per- 
 sonate any person entitled to vote at such election ; or 
 falsely assume to act in the name or on the behalf of any 
 person so entitled to vote ; or interrupt the distribution 
 or collection of the voting papers ; or distribute or collect 
 the same under a false pretence of being lawfully au- 
 thorized to do so ; every such person so offending shall 
 for every such offence be liable, upon conviction thereof 
 before any two justices, to be imprisoned in the common 
 gaol or house of correction for any period not exceeding 
 three months, with or without hard labour."
 
 70 Local Boards etc., Elections. 
 
 L'l^x. i>nle 69 of schedule II. of the Public Health Act, is us 
 follows : — " Any person who fabricates in whole or in 
 part, or alters, defaces, destroys, abstracts, or purloins 
 any voting paper, or personates any person entitled to 
 vote at any election, or falsely assumes to act in the 
 name or on the behalf of any person so entitled to vote, or 
 interferes with the delivery or collection of any voting- 
 papers, or delivers any voting paper under a false pretence 
 of being lawfully authorized so to do, shall be liable to a 
 penalty not exceeding £20, or, in the discretion of the 
 court, to imprisonment, with or without hard labour, for 
 any period not exceeding three months." 
 Election The provisions of the M. E. C. I. P. A. which prohibit 
 
 expenses. ^\^q payment of any sum, and the incurring of any ex- 
 pense by or on behalf of a candidate at an election, on 
 account of, or in respect of, the conduct or management 
 of the election, and those which relate to the maximum 
 amount of election expenses, or the return or declaration 
 respecting election expenses, shall not apply (M, E. C. I. 
 P. A. s. 37). The provisions here referred to are those 
 contained in ss. 5 and 21.
 
 ( 71 ) 
 
 INDEX. 
 
 AGENT, 
 
 Committee may be, of candidate, 19, 
 Volunteers, when agents of candidate, 1 . 
 
 ASSOCIATION, see Political Association. 
 
 BANDS OF MUSIC, 
 
 Contracts or payments for, illegal, 31, 57. 
 Gift or provision of, when not illegal, 31, 57. 
 Municipal elections, at, 65. 
 
 BANNEKS, FLAGS, etc.. 
 
 Contracts and payments for, illegal, 31, 57. 
 Gift or provision of, when not illegal, 31, 57. 
 Exhibition of, when not illegal, 58. 
 Municipal elections, at, 65. 
 Seizure of, by police, at illegal meetings, 31. 
 
 BILLS, PLACAEDS AND POSTERS, 
 
 Name, etc., of printer, etc., must appear thereon, 55, 59. 
 Use of house belonging to elector, for exhibition of, 54. 
 
 BRIBERY, 
 
 Definition, 48. 
 
 BRINGING VOTERS TO THE POLL, 
 
 Illegal hiring, to let, borrow, etc., carriages, etc., 41. 
 Illegal practice, to pay, etc., for voters' conveyance, 42. 
 
 Difl'erence between the two sections and offences, 42. 
 Voters may be conveyed in borrowed carriages, 43. 
 
 Not being carriages kept for hire, 42. 
 
 Exemption from license duty, 44. 
 
 And from turnpike toll in county elections, 45.
 
 72 Index. 
 
 BKINGING VOTERS TO THE VQilA^— continued. 
 Disqualified, should not be brought up, 46. 
 Voter may pay for his own conveyance, 44. 
 
 So may several voters at their joint cost, 45. 
 Conveyance of voters by sea in certain county elections, 45. 
 Municipal elections, at, 65. 
 
 CANVASSERS and CANVASSING, 
 Definitions, 8. 
 
 Paid canvassiflg prohibited, 8. 
 Persons disqualified as canvassers, 9. 
 Dangerous practices in canvassing, 16. 
 Payments which volunteer canvassers may make, 15. 
 Political club, acting independently, cannot canvass, 4. 
 Canvass book, and form, 10. 
 
 Expense of, prepared beforehand by registration agent, 15. 
 Daily return sheets, 14. 
 
 Employment of scheduled person as canvasser avoids election, 9. 
 Expenses of, 14. 
 Peers, etc., may not canvass, 9. 
 Canvassing by post, 17. 
 Undue influence, canvasser must avoid, 16. 
 Municipal election, canvassing at, prohibited, 61. 
 
 COMMITTEE. And see Committee Room. 
 Definition, 18. 
 
 Committee-men may be held to be agents, 19. 
 Illegal committees, 19. 
 Vigilance committees, 19. 
 
 COMMITTEE ROOM. And see Committee. 
 Definition, 20. 
 Places prohibited as committee rooms, 20. 
 
 Hiring or using a prohibited jjlaee is an illegal hiring, 23. 
 Number allowed, 23 ; at municipal elections, 64. 
 
 Payment for rooms in excess of, is an illegal practice, 54. 
 Rooms lent gratuitously, 25. 
 Position of committee rooms, 25. 
 Hiring and agreement, 24 ; form of agreement, 24. 
 Use of committee room, 26. 
 Municipal election, at, 61.
 
 Index. 73 
 
 CORRUPT PRACTICES, 
 
 Definition, 48. 
 
 COUNTY COUNCIL ELECTIONS, 
 
 Similarity of, and municipal elections, 67 
 
 ELECTION MEETING, see Public Meeting. 
 
 FORMS, 
 
 Canvass book, 10. 
 Canvassing card, 14. 
 
 Committee room, agreement for hire of, 24. 
 Warnings to volunteer assistants, 11. 
 Caution to, 13. 
 
 ILLEGAL PAYMENT, EMPLOYMENT, AND HIRING, 
 
 Definition and consequences, 57. 
 
 Enumeration of illegal payments, 57. 
 
 Illegal employment, 58. 
 
 Illegal hirings, 59. 
 Voter guilty of, prohibited from voting, 46, 57. 
 
 ILLEGAL PRACTICE, 
 
 Definition and consequences, 52. 
 
 Illegal practices by candidate or any agent, 53. 
 
 By candidate or election agent, 55. 
 
 By election agent, 56. 
 
 By whomsoever committed, 56. 
 Voter guilty of, prohibited from voting, 46, 52. 
 
 IMPROVEMENT COMMISSIONERS, ELECTIONS OF, 
 
 Diflferences between, and municipal elections, 68. 
 
 INTERPRETATION OF TERMS, 
 Blasphemy words, 36. 
 Bribery, 48. 
 
 Canvasser and canvassing, 8. 
 Club, permanent political, 81. 
 Committee, 18. 
 Committee room, 20. 
 Corrupt practices, 48. 
 Election meeting, 28. 
 
 Illegal payment, employment, or hiring, 57. 
 Illegal practice, 52. 
 [1]
 
 74 . Index. 
 
 INTERPRETATION OF TERMS— conimttet?. 
 Licensed premises, 21. 
 Payment and money, in C. I. P. P. A., 53. 
 Pecuniary reward in C. I. P. P. A., 53. 
 Person in C. I. P. P. A., 53. 
 Personation, 49. 
 
 School, premises of public elementary, 22. 
 Seditious words, 37. 
 Supplied and sold, 63. 
 Treating, 49. 
 Undue influence, 49. 
 
 LICENSED PREMISES, 
 
 Definition, 21. 
 
 Committee rooms must not be on, 20. 
 
 At municipal elections, 62, 63. 
 
 At local board, etc., elections, 68. 
 Public meetings may be held in, 30. 
 At school board, etc., elections, 68. 
 
 LOCAL BOARD ELECTIONS, 
 
 Difi'erences between, and municipal elections, 68. 
 
 MUNICIPAL ELECTIONS, 
 
 Diflferences between, and parliamentary elections, 61. 
 
 PERSONATION, 
 
 Definition, 49. 
 
 POLITICAL ASSOCIATIONS AND CLUBS, 
 Considerations as to accepting assistance from, 3. 
 Cannot canvass if acting independently of candidate, 4. 
 "Permanent political club," 21. 
 Candidate, when a subscriber to, 6. 
 Use of room in, as committee room, 22. 
 Committees should not be appointed by, 18. 
 
 POOR LAW GUARDIANS, ELECTIONS OF, 
 Differences between, and municipal elections, 68. 
 
 PUBLIC MEETING, 
 
 Advertising the election meeting, 30. 
 Place where held, no restriction upon, 29. 
 Election meeting, what constitutes an, 28.
 
 Index. . 75 
 
 PUBLIC MEETINGS— con<mMe(?. 
 Chairman and his functions, 31. 
 Disturbers, expulsion of, 32. 
 Stewards and persons to keep order, 33. 
 Lecturers and speakers, 33 ; and see Speeches. 
 Report of, when libellous, 39 ; and see Reports. 
 Expenses of, 30. 
 
 Candidate's companions at, who should be, 30. 
 Right of audience to express disapproval at, 32. 
 Expenses of, 30. 
 Municipal elections, at, 65. 
 Local board, etc., elections, at, 68. 
 
 REFRESHMENT, 
 
 Refreshment house not to be used as a committee room, 2('. 
 Refreshment to workers, an illegal payment, 58. 
 Volunteer assistant, must not be given to, 2. 
 
 REGISTER OF VOTERS, 
 
 WTiere obtainable and at what cost, 9. 
 
 REPORTS. 
 
 Corrupt conduct, imputations of, 39. 
 Libellous comments, 39. 
 Newspaper reports of public meetings, 38. 
 Newsvendor of libellous newspaper, 40. 
 
 SCHOOL BOARD, 
 
 Differences between elections of, and municipal elections, 68. 
 Premises, when usable as committee rooms, 22. 
 At municipal elections, 62, 64. 
 
 SPEECHES, 
 
 Licence in speech, 35. 
 
 Fair and hand fide comment on matters of public interest, 35. 
 
 Slanderous and blasphemous words, 36. 
 
 Seditious words, 37. 
 
 Contempt of court, words amounting to, 38. 
 
 Right of audience to express disapproval of speech, 32. 
 
 Lecturers and speakers, payment of, 33. 
 
 Travelling expenses of, 34. 
 
 Gift of night's lodging or breakfast to, 34. 
 Report of, when libellous, 39. 
 Vendor of libellous newspaper, 40.
 
 7(3 Index. 
 
 TKEATING, 
 Definition, 49. 
 
 UNDUE INFLUENCE, 
 
 Definition, 49. 
 
 Canvasser must carefully avoid, 16. 
 
 YOLUNTEEB, 
 
 Agents of candidate, when, 1 . 
 
 Dangers of employing, 2. 
 
 Functions of, 2. 
 
 Lecturers and speakers, 34. 
 
 Remuneration of, impossible, 2, 
 
 Steward or person to keep order at election meeting, 33, 
 
 Warnings and caution to, forms of, 11, 13. 
 
 VOTING PAPERS, 
 
 Offences as to, at local board, etc., elections, 69. 
 
 3 3 3 8 * 
 
 LONDON : PRINTED BY WM. CLOWES AND SONS, LIMrTED, 
 STAMFORD STREET AND CHARING CROSS.
 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 
 Los Angeles 
 This book is DUE on the last date stamped below. 
 
 ForiiiLQ — 15m-10,'48(B103'J)144 
 
 tIMVKKSlTY OF CALfFORNlA 
 
 AT 
 
 LOS ANGKLbJS
 
 JIT Parker - 
 1005 Manual for 
 T892c^ the"^7orunteer 
 assistant. 
 
 1005 
 1892c 
 
 JN1005 1892c 
 
 y 
 
 L 009 577 950 
 
 UC SOUTHERN REGIONAL LIBRARY FACILITY 
 
 AA 001 353 042 3 
 
 m