i i i i i i ii iiii i iiiiiiiiiiiimiiii *JORRUPT AND ILLEGAL PRACTICES iM PREVENTION ACT, 1883, B| ANNOTATED AND EXPLAINED WITH 7 jxOTES OF JUDICIAL DECISIONS IN CASES OF BRIBERY, TREATING, UNDUE INFLUENCE, PERSONATION, &c. AND A COPIOUS INDEX. BT H. C. RICHARDS, ■09 THE MIDDLK TKMPtB AKW Stt-VT's l*K, BAKRI8TKR-AT-T.*W (BlCOIf KCHOr.AE, OKAT's INK, 1870), Arrnos o» "the casdidatks' aji» agents' scibb ik cohtkstkd KiBciiojrs,' Px*ic«t S8MI* 6dL.; by Post 2a< 9d. LONOOM JOEDAN A SONS, 120 CHANCESY ULNE, W,0. mm IgffWllIIIWrWIHIHWIAOX UlMMM«M*Mwa^ AV / d> THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES 6i^' THE CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1883, ANNOTATED AHD/^^^^X? NOTES OF JUDICIAL DECTsseatSda^aeaeEs of BRIBERY, TREATING, UNDUE INFLUENCE, PERSONATION, &c. AND A COPIOUS INDEX. H. C. RICHARDS, of the middle temple and gkat s inx, bakeistek-at-law (bacon kcholai!, gkat's inn, 1879) AITHOE OF "the CANDIDATES' AND AGENTS* GLIDE IN CONTESTED ELECTIONS LONDON JOEDAN & SONS, 120 CHANCERY LANE. W.C 1893 BY THE SAME AUTHOR. {Beinrf a Companion Volume to this Work.) Price 2s. 6d. ; by post 2S. gd. THE CANDIDATES' AND AGENTS' GUIDE IN CONTESTED ELECTIONS: BEING A FOR CANDIDATES, AGENTS, AND WORKERS IN PARLIAMENTARY AND MUNICIPAL CONTESTS. DEDICATED, BY PERMISSION, TO R. W. E. MIDDLETON, Esq., Chief Conservative Agent. K UJ CO >- cs. PREFACE. rpHE following copy of The Corrupt and Illegal Practices Prevention Act, 1883, is presented in this form in the hope that it will be found useful both for the library, and for reference by Candidates and Agents when actually M engaged in Election work. Its shape renders it more con- "' venient and portable than the large sized Queen's Printers' o copies of the Act, while the Index (which of course the S2 Queen's Printers' copies do not contain) will enable any ^ required part of the Act to be easily turned to. ^ The Marginal Notes to and Comments on many of the Sections, with the References to Judicial Decisions, should ^ be of assistance to Candidates, Agents, and Workers as a S guide to what may and what may not be lawfully done before, during, and after an Election. After carefully studying the provisions of the Act, it is true the lay mind will at times be in doubt as to what may be permissible and what may be considered an Illegal Practice. In such cases the Candidate or Agent is advised to consult " The Candidates' and Agents' Guide in Contested Elections," where the most practical points as they have been experienced by the Author in his own and other contests are dealt with, and which in every case where 402185 IV ^ PREFACE. there has been a judicial interpretation or an obiter dictum will be fennd set out, with the authointy. Since the General Election of 1892 it has been a matter of . almost daily reference and discussion to secure the most complete directions for the safe conduct of any contested election. In the "Guide" will be found further and more particular instructions upon the legal and practical bearing of the Act upon the conduct and management of a political campaign in boroughs and in county constituences, and the differences betAveen the Parliamentary and the Municipal Corrupt Practices Acts. For much valuable information on these points I am indebted to my friend Mr. Frederick Stroud, of the Oxford Circuit. The important subject of Registration is fully dealt with in the " Guide," and the actual conduct of an Election under the Act is mapped out. In its fuller commentaries no point that has as yet been raised and judicially settled is omitted, and upon those where differing views prevail and doubts still exist the analogy of other decisions and the views of the Election Judges as to when i-elief can be given will form a guide for the many questions yet judicially unsolved, though they have been practically experienced by most Candidates and many Agents. H. C. RICHARDS. 2 MiTP.K Court Buildings, Temple, October, 1893- CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1883. (46 & 47 Vict., Cii. 51.) ARRANGEMENT OF SECTIONS. C!„„,- Corrupt Practices. t, feection -^ Page 1. What is treating ---.--..-5 2. What is undue influence -.-.-.. 7 3. What is corrupt practice .-....- 7 4. Punishment of candidate found, on election petition, guilty personally of corrupt jiractices ------ 8 5. Punishment of candidate found, on election petition, guilty by agents of corrupt practices ------ 8 6. Punishment of person convicted on indictment of corrupt practices -.-.------<) Illegal Practices. 7. Certain expenditure to be illegal practice .... 10 8. Expense in excess of maximum to be illegal practice - - 11 9. Voting by prohibited persons and publishing of false statements of withdrawal to be illegal - - - - 12 10. Punishment on conviction of illegal practice - - - 13 11. Report of election court respecting illegal practice, and punishment of candidate found guilty by such report - 13 12. Extension of 15 & 16 Vict., c. 57, respecting election com- missioners to illegal practices ----- - 15 B ARRANGEMENT OP SECTIONS. Section Illcjal Payment, Employment, and lUriiig. p^,^^ 13. Providing of money for illegal practice or payment to be illegal payment --------- 16 M. Employment of hackney carriages, or of carriages and horses kept for hire - - - - - - - -16 15. Corrupt withdrawal from a candidature - - - - 17 16. Certain expenditure to be illegal payment - - - - 18 17. Certain employment to be illegal . - - - . ig 18. Name and address of printer on placards - - - - 19 19. Saving for creditors ........ 20 20. Use of committee room in house for sale of intoxicating liquor or refreshment, or in elementary school, to be illegal hiring 20 21. raiiishment of illegal payment, employiuenl., or luring - - 21 Excuse and Exception for Corrupt or Illegal Practice or Illegal Payment, Employment, or Hiring. 22. licport exonerating candidate in certain cases of corrupt and illegal practice by agents ------ 21 23. Power of High Court and election court to except innocent act from being illegal practice, &c. ----- 23 Election Expem^es. 21-. domination of election agent -.-..- 25 25. Nomination of deputy election agent as sub-agent - - 26 2(5. Office of election agent and sub-agent ----- 27 27. Making of contracts through election agent - - - - 28 28. Payment of expenses through election agent - - - 29 2'.). Period for sending in claims and making payments for election expenses -------- ;^0 30. Reference to taxation of claim against candidates - - 32 31. Personal expenses of candidate and petty expenses - - 32 32. Remuneration of election agent and returning otticer's expenses ---------- 33 33. Return and declaration respecting election expenses - - 34 31-. Authorised excuse for non-compliance with provisions as to return and declaration respecting election exj)enses - - 37 35. Publication of summary of return of election expenses - 40 ARRANGEMENT OF SECTIONS. Section Di.oqualljlcation of Electors. p.^„^. 36. Prohibition of persons guilty of corrupt or ilk',i;;il jiracticcs, &c., from voting - - - - - - - - 41 37. Prohibition of disqualified persons from voting - - -11 38. Hearing of i:)erson before he is reported guilty of corrupt or illegal practice, and incapacity of pcrs(m reported guilty - 41 39. List in register of voters of persons incapacitated for voting by corrupt or illegal practices ------ 40 Proceedings on Election Petition. 40. Time for presentation of election petitions alleging illegal practice .--.------ 48 41. Withdrawal of election petition ------ 51) 42. Continuation of trial of election petition - - - - o2 43. Attendance of Director of Public Prosecutions on trial of election petition, and prosecution by him of offenders - 53 44. Power to election court to order payment by county or borough or individual of costs of election jjetition - - 5(j Miscellaneous. 45. Inquiry by Director of Public Prosecutions into alleged corrupt or illegal practices ------ 58 46. Removal of incapacity on proof that it was procured by perjury ..-.------ o8 47. Amendment of law as to polling districts and polling places - 50 48. Conveyance of voters by sea in certain cases - - - 61 49. Election commissioners not to inquire into elections before the passing of this Act ..----- 61 Legal Proccedinijs. 50. Trial in Central Criminal Court of indictment for corrupt practice at instance of Attorney-General - - - - 62 51. Limitation of time for prosecution of offence - - - 63 52. Persons charged with corrupt practice may be found guilty of illegal practice 63 53. Application of enactments of 17 & 18 Yict. c. 102, and :-6 A 27 Vict. c. 29, relating to prosecutions for bribery - - 64 ARRANGEMENT OP SECTIONS. Section Page 54. Prosecution on summary conviction, and appeal to quarter sessions .-.--...-- 65 55. Application of Summary Juri.sdiction and Indictable Offences Acts to proccediufys befoi-e election courts - - 65 56. Exercise of jurisdiction of High Court, and making of rules of court ---------- 66 57. Director of Public Prosecutions, and expenses of prosecutions 67 58. Recovery of costs payable by county or borough or by person .-----.-.- 67 Supplemental Provisions, Definitions, Savinr/s, and Repeal. 59. Obligation of witness to answer, and certificate of indemnity- 68 60. Submission of rejiort of election court or commissionci's to Attorney General -------- 70 61. Breach of duty by officer 70 62. Publication and service of notices ----- 71 63. Definition of candidate, and saving for persons nominated without consent ..--.--. 72 64. General interpretation of terms ------ 73 65. Short titles ---------- 77 66. Repeal of Acts .-..-.-.- 77 67. Ccmimencement of Act ---..-- 78 Application of Act to Scotland. 68. Application of Act to Scotland ------ 78 Application of Act to Ireland. 69. Application of Act to Ireland ------ 83 Continuance. 70. Continuance --------- 85 SCHKDULES - - 86 CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1883. (46 & 47 Victoria, Chai'ter 51.) An Act for the Better Prevention of Corrupt and Illegal Practices at Parliamentary Elections. [25th August, 1883. T)E it enacted by the Queen's most Excellent -■-^ Maje.sty, by and with the advice and consent of the Lords Spii'itual and Temporal, and Commons, in this present Parliament assembled, and In' the authority of the same, as follows : Corrupt Practices. 1. Whereas under Section 4 of The Corrupt what is Practices Prevention Act, 1854, persons other than candidates at Parliamentary elections are not liable to any punishment for treating, and it is expedient to make such persons liable; be it therefore enacted in substitution for the said Section 4 as follows : — (1) Any person who corruptly by himself or by any other person, either before, dui-ing, or after an election, directly or indirectly gives or provides, or pays wholly or in part, the expense of giving or pi'oviding any meat drink entertainment or provision trcatinp CORRUPT AND rLLKGAf; PRACTICES to or for any person, for tlie purpose of corruptly influencing that person or any other person to give or refrain from giving his A^ote at the election, or on account of such person or any other person having voted oi- refrained from voting, or being about to vote or refrain from voting at such election, shall be guilty of treating. (2) And every elector who corruptly accepts or takes any such meat di-ink entei-tainment or provision shall also be guilty of treating. Everything? in this section depends upon the word "corruptly," and the old doctrine of the Election Courts was that treating to be corrupt must be with the view of intluencing' the individual vote and voter. The decisions at Hexham and Rochester carry the principle much further, and render it absolutely necessary for the candidate and the association to find neither money for nor the provisions themselves for social gatherings at which " entertainment " (in the way of food or drink) is provided. The Judges held that such pro- vision is an infringement of the Act, and unseated the member for even finding a small deficit oi a Primrose League gathering. So far the law has not been put in force against anyone accepting entertainment, though two town councillors were scheduled for standing drinks and cigars to men attending a political meeting of the party to which they were opposed. The Judicial Test as to Corrupt Treativg. — " 1 should not like it to be supposed that there was any inherent difference between a cup of tea and a bun, and a glass of beer and a sandwich. Inherently a cup of tea and a bun contain just as much of the clement of corruption as a glass of beer and a sandwich. I had to ask myself the question whether the entertainment was given with tlie corrupt intention of corruptly influencing tlie voters. That is a question of fact and a question of intention." — Mr. Justice Vaughan Williams (Rochester'). " It is not sufficient in order to make out a case of treating or liribery to show that in this place or in that place this kind of refresh- ment and treating has taken place. One must be careful to see that rUEVKXTlON ACT, 1883. they really are connected with the election in the sense that tlie treatin": was administered for the purpose of influencing the vote." — Mr. Justice Willf< {Monf(jomery Election Petition). 2. Every person who shall directly or indii-cctly, wiiat is by himself or by any other person on his behalf, iniiuonce. make use of or threaten to make use of any force, violence, or resti-aint, or inflict or threaten to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refi-ained from voting at any election, or who shall bv abduction, duress, or any fraudulent device or conti'ivance impede or prevent the free exercise of the franchise of any elector, or shall thereby compel, induce, or prevail upon any elector either to give oi' to refi'ain from giving his vote at any election, shall be guilty of undue influence. "Undue influence " has received its latest judicial interpretations in the decisions of the Irish Judges in the North and South Meath Election Petitions. " Intimidation to invalidate an election must be of such a character, so general and extensive in its operation, that it cannot be said that the polling was a fair representation of the opinion of the constituencv." — Lord Bramwell (Xorth Durham). " Undue spiritual influence is a much more subtle form of influence, and its full effect is much more difficult to estimate than undue influence by physical violence."— Jl/r. Justice Andrews (North Meath). 3. The expression " corrupt practice " as used in TiVhat is this Act means any of the following offences ; practice, namely, treating and undue influence, as defined by this Act, and bribery, and personation, as defined by the enactments set forth in Part III. of the Third CORRUPT AN'D ILLEGAL PRACTICES Schedule to this Act, and aiding, abetting, coun- selling, and procuring the commission of the offence of personation, and every offence which is a corrupt practice within tlie meaning of this Act shall be a corrupt practice within the meaning of The Pai-lia- mentary Elections Act, 1868. " Corrupt practices," hereinafter leo:ally deliiKHl, biMir i)enaltics which are set out in Sections 36, 37, and 50. " Personation " can only be punished by imprisonment with hard hibour. :u c• r\ employ- conviction, be liable to a fane not exceeding Une ment, or Hundi-ed Pounds. (2) A candidate or an election agent of a candidate who is personally guilty of an offence of illegal pay- ment, employment, or hiring shall be guilty of an illegal practice. This proviso brings with it all the liabilities set out in Sections 10 and 11 — Incapacity of voting for five years, &c. Excuse and Exception for Corrupt or Illegal Practice or Illegal Payment, Employment, or Eiriwj. 22. Where upon the trial of an election petition Report respecting an election for a county or borougti, cundidate 22 CORRUPT AND ILLEGAL PRACTICES ill certain the election court report tliat a candidate at such pases of I'll -111- c T «■ cnTTU]itaiui election has been giiilty by his agents or the olience iiraT-ticc by of treating and undue influence, and illegal practice, agenib. ^^, ^£ ^^^ such offences, in reference to such election, and the election court further report that the candi- date has proved to the court — (a) That no corrupt or illegal practice was committed at such election by the candi- date or his election agent, and the offences mentioned in the said report were com- mitted contrary to the orders and without the sanction or connivance of such candi- date or his election agent ; and (h) That such candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at such election ; and (c) That the offences mentioned in the said report were of a trivial, unimpoi-tant, and limited character ; and (d) That in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his agents ; then the election of such candidate sliall not, by reason of the offences mentioned in such repoit, be void, nor shall the candidate be subject to any incapacity under this Act. As to relief, it may be applied for during the sitting of an election court, by public notice being also given in the constituency. It can be ordinarily ap])liGd for to the Divisional Court of the Royal Courts of Justice, upon affidavits being filed, public notices issued in the ward or constituency affected, and by two days' notice to the opposing party or candidate and the returning offlcei\ PREVENTION ACT, 1883. 23 There are some important judicial utterances as to who are entitled to relief reported in the Rochester and Stepney decisions of Mr. Justice Cave and Mr. Justice Vaughan Williams. " The intention of this Act of Parliament is to draw the strings of the law as tightly round practices at election as possibly can be, but at the same time I think that the law intended by the 22nd and 23rd Sections to enable Judges to relieve candidates from all responsibility for contempt and illegal practices where they have satisfied the Judges that they have done everything on their part to render the election pure and free from corruption. It is of all things essential that those who stand for Parliament should feel that the success or failure of a petition against them does not depend upon matters which are beyond their control." 23. Where, on application made, it is sliown to Power of ^ ^ . HiLTh Court the High Court or to an election court by such an if) A statement of all money, securities, anil equivalent of money received by the elec- tion agent from the candidate or any other pei'son for the purpose of expenses incurred or to be incurred on account of or in I'espect of the conduct or management of the elec- tion, with a statement of the name of every person from whom the same may have been received. (2) The return so transmitted to the returning officer shall be accompanied by a declai'ation made by the election agent before a justice of the peace in the form in the Second Schedule to this Act (which declaration is in this Act referred to as a declaration respecting election expenses). The declaration will be found at the end of this work, with other forms. (3) Where the candidate has named himself as his election agent, a statement of all money, securi- ties, and equivalents of money paid by the candidate shall be substituted in the return required hj this section to be transmitted by the election agent for the like statement of money, securities, and equiva- lent of money received by the election agent from the candidate ; and the declaration by an election agent respecting election expenses need not be made, and the declaration by the candidate respecting election expenses shall be modified as specified in the Second Schedule to this Act. (4) At the same time that the agent transmits the said return, or within seven days afterwards, the candidate shall transmit or cause to be trans- mitted to the returning officer a declaration made 36 CORRUPT AXD ILLEGAL PRACTICES by him before a justice of tbe peace, in the form in the first part of the Second Schedule to this Act (which declaration is in this Act refeiTed to as a declaration respecting election expenses). (5) If in the case of an election for any count}- or borough, the said return and declarations are not transmitted before the expiration of the time limited for the purpose, the candidate shall not, after the expiration of such time, sit or vote in the House of Commons as member for that county or borough until either such return and declarations have been transmitted, or until the date of the allowance of such an authorised excuse for tlie failure to ti'ansmit the same, as in this Act mentioned, and if he sits or votes in contravention of this enactment he shall forfeit one hundred pounds for every day on which he so sits or votes to any person who sues for the same. (6) If, without such authorised excuse as in this Act mentioned, a candidate or an election agent fails to comply with the requirements of this section, he shall be guilty of an illegal practice. Tlie "authorised excuse" can alone come from an Election Court, M Divisional Court of the High Court of Justice, or in vacation from the Vacation Judge. (7) If any candidate or election agent knowingly makes the declaration required by this section falsely, he shall be guilty of an offence, and on conviction thereof on indictment shall be liable to the punishment for wilful and corrupt pei-jury ; such offence shall also be deemed to be a corrupt practice within the meaning of this Act. (8) Where the candidate is out of the United Kingdom at the time when the return is so trans- PREVENTION ACT, 1883. mitted to the returning officer, the declaration required by this section may be made by him within fourteen days after his retui-n to the United Kingdom, and in that case shall be forthwith trans- mitted to the returning officer, but the delay hei-eb}^ authorised in making such declaration shall not exonerate the election agent from complying with the provisions of this Act as to the retui-n and declaration respecting election expenses. (9) Where, after the date at which the return respecting election expenses is transmitted, leave is given by the High Court for any claims to be paid, the candidate or his election agent shall, within seven days after the payment thereof, transmit to the returning officer a return of the sums paid in pui-suance of such leave, accompanied by a copy of the order of the court giving the leave, and in default he shall be deemed to have failed to comply with the requirements of this section without such authorised excuse as in this Act mentioned. 35. (1) Where the return and declarations respecting election expenses of a candidate at an election for a county or borough have not been trans- mitted as required by this Act, or being transmitted contain some error or false statement, then — (a) If the candidate applies to the High Court or an election court and shows that the failure to transmit such i-eturn and decla- rations or any of them, or any part thereof, or any error or false statement thei-ein, has arisen by reason of his illness, or of tlie absence, death, illness, or misconduct of his election agent or sub-agent or of any clerk Authorised excuse tor iioii-com- pl iaiice with lii'ovisions lis to return andileclara- tion respect- ins election expenses. 402185 38 CORRUPT AND TLLEOAL PRACTICES or officer of such agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the pai't of the appli- cant, or (b) If the election agent of the candidate applies to the High Court or an election court and shows that the failure to transmit the return and declarations which he was required to transmit, or any part thereof, or any error or false statement therein, arose by reason of his illness or of the death or illness of any prior election ag-ent of the candidate, or of the absence, death, illness, or misconduct of any sub-agent, clerk, or officer of an election agent of the candidate, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant, • the court may, after such notice of the application in the said county or borough, and on production of such evidence of the grounds stated in the applica- tion, and of the good faith of the application, and otherwise, as to the court seems fit, make such order for allowing an authorised excuse for the failure to transmit such I'ctui-n and declai-ation, or for an error or false statement in such return and declaration, as to the court seems just. (2) Where it appears to the court that any person being or having been election agent or sub-agent has refused or failed to make such return or to supply such particulars as will enable the candidate and his election agent respectively to comply with PREVEKTION ACT, 1883. 39 the pi'ovisions of this Act as to the return and declaration respecting election expenses, the court before making an order allowing the excuse as in this section mentioned shall order such person to attend before the court, and on his attendance shall, unless he shows cause to the contrary, order him to make the return and declai-ation, or to deliver a statement of the particulars required to be contained in the I'eturn, as to the court seems just, and to make or deliver the same within such time and to such person and in such mannei* as the court may direct, or may order him to be examined with respect to such particulars, and may in default of compliance with any such order order him to pay a fine not exceeding five hundred pounds. (3) The order may make the allowance conditional upon the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Act ; and an order allowing an authorised excuse shall relieve the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the oi'der; and where it is proved by the candidate to the court that any act or omission of the election agent in relation to the return and declaration respecting election expenses was without the sanction or connivance of the candidate, and that the candidate took all reasonable means for pre- venting such act or omission, the court shall i-elieve the candidate from the consequences of such act or omission on the part of his election agent. 40 CORRUPT AND ILLEGAL PRACTICES (4) The date of tlie order, or if conditions and terms ai'e to be complied with, the date at .which the applicant fully complies with them, is referred to in this Act as the date of the allowance of the Publication cf summary of return of election expenses. 3s & 39 Vict. c. 81. 35. (1) The returning officer at an election within ten days after he receives from the election agent of a candidate a return respecting election expenses shall publish a summary of the return in not less than two newspapers circulating in the county or borough for which the election was held, accompanied by a notice of the time and place at which the return and declarations (including the accompanying docu- ments) can be inspected, and may charge the can- didate in respect of such publication, and the amount of such charge shall be the sum allowed by The Par- liamentary Elections (Returning Officers) Act, 1875. (2) The return and declarations (including the accompanying documents) sent to the returning officer by an election agent shall be kept at the office of the returning officer, or some convenient place appointed by him, and shall at all i^easonable times during two years next after they are received by the returning officer be open to inspection by any person on payment of a fee of one shilling, and the returning officer shall on demand furnish copies thereof or any part thereof at the price of twopence for every seventy-two words. After the expiration of the said tAvo years the returning officer may cause the said return and declarations (including the accompanying documents) to be destroyed, or, if the candidate or his election agent so require, shall return the same to the candidate. PREVENTION ACT, 1883. 41 Disqualification of Electors. 36. Every person guilty of a coiTupt or illegal Prohibition practice or of illegal employment, payment, or giiiity''of"' hiring at an election is prohibited from voting at fneyai''"'^ such election, and if any such person votes his vote practices, shall be void. voting. 37. Every person Avho, in consequence of convic- Prohibition tion or of the report of any election court or election finaiified commissioners, under this Act, or under The Corrupt from Practice (Municipal Elections) Act, 1872, or under ^°'''"^' ^ ^ / ) ? 35 & 36 Vict. Part IV. of The Municipal Corporations Act, 1882, c^eo. or under any other Act for the time being* in force c. so. relating to cori-upt practices at an election for any public office, has become incapable of voting at any election, whether a Parliamentary election or an election to any public office, is prohibited from voting at any such election, and his vote shall be void. 38. (1) Before a person, not being a part3- to an election petition nor a candidate on behalf of whom the seat is claimed by an election petition, is reported by an election coui-t, and before any person is reported by election commissionei-s, to have been guilty, at an election, of any corrupt or illegal practice, the court or commissioners, as the case may be, shall cause notice to be given to such pei-son, and if he appears in pursuance of the notice, shall give him an opportunity of being heard by himself and of calling evidence in his defence to show why he should not be so reported. (2) Every person reported by election commis- sioners to have been guilty at an election of any Hearing of person before he is reported guUty of cornijjt or illegal prac- tice, and incapacity of person reported guilty. 42 CORRUPT AND ILLEGAL PRACTICES corrupt or illegal practice may appeal against such report to tlie next court of oyer and terminer or gaol delivery held in and for the county or place in which the offence is alleged to have been committed, and such court may hear and determine the appeal ; and subject to rules of court such appeal may be bi'ought, heard, and determined in like manner as if the court were a court of quarter sessions and the said commissioners were a court of summary juris- diction, and the person so reported had been con- victed by a court of summaiy' jurisdiction for an offence under this Act, and notice of every such appeal shall be given to the Director of Public Prosecutions in the manner and within the time directed by rules of court, and subject to such rules then within three days after the appeal is brought. (3) Where it appears to the Lord Chancellor that appeals u^nder this section are interfering or are likely to intei-fere with the ordinary business trans- acted before any courts of oyer and terminer or gaol delivery, he may direct that the said appeals, or any of them, shall be heard by the judges for the time being on the rota for election petitions, and in such case one of such judges shall proceed to the county or place in which the offences are alleged to have been committed, and shall there hear and determine the appeals in like manner as if such judge were a court of oyei- and terminer. (4) The provisions of The Parliamentary Elec- tions Act, 1868, with respect to the reception and powers of and attendance on an election court, and to the expenses of an election court, and of receiving and accommodating an election court, sliall ap])ly as if such judge were an election court. PREVENTION ACT, 1883. 43 (5) Every person who after the commencement of this Act is I'eported by any election coui-t or election commissioners to have been guilty of any cori-npt or illegal practice at an election, shall, whether he obtained a certificate of indemnity or not, be subject to the same incapacity as he would be subject to if he had at the date of such election been convicted of the offence of which he is reported to have been guilty : Provided that a report of any election commissioners inquiring into an election for a county or borough shall not avoid the election of any candidate who has been declared by an election court on the trial of a petition respecting such elec- tion to have been duly elected at such election or render him incapable of sitting in the House of Commons for the said county or borough during the Parliament for which he was elected. (6) Where a person who is a justice of the peace is reported by any election court or election com- missioners to have been guilty of any corrupt practice in reference to an election, whether he has obtained a certihcate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to report the case to the Lord High Chancellor of Great Britain with such evidence as may have been given of such corrupt practice, and where any such person acts as a justice of the peace by virtue of his being, or having been, mayor of a borough, the Lord High Chancellor shall have the same power to remove such person from being a justice of the peace as if he was named in a commission of the peace. (7) Where a person who is a barrister or a solicitor, or who belongs to any profession the 44 CORRUPT AND ILLEGAL PRACTICES admission to which is regulated by law, is reported by any election court or election commissioners to have been guilty of any corrupt practice in reference to an election, whether such person has obtained a certificate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to bring the matter before the Inn of Court, High Court, or tribunal having power to take cognizance of any misconduct of such person in his profession, and such Inn of Court, High Court, or tribunal may deal with such person in like manner as if such corrupt practice were misconduct by such person in his profession. (8) With respect to a person holding a licence or certificate under the Licensing Acts (in this section referred to as a licensed person) the following pro- visions shall have effect : (a) If it appears to the court by which any licensed person is convicted of the offence of bribery or treating that such offence Avas committed on his licensed premises, the court shall direct such conviction to be entered in the proper register of licences. (&) If it appears to an election court or election commissioners that a licensed person has knowingly suffered any bribery or treating in reference to any election to take place upon his licensed premises, such court or commissioners (subject to the provisions of this Act as to a person having an opportunity of being heard by himself and producing evidence before being reported) shall report the same ; and whether such PREVENTIOX ACT, 1S83. 4') person obtained a certificate of indemnity or not it shall be the duty of the Director of Public Prosecutions to bring such report before the licensing justices from whom or on whose certificate the licensed person obtained his licence, and such licensing justices shall cause such report to be entered in the proper register of licences, (c) Where an entry is made in the register of licences of any such conviction of or report respecting any licensed person as above in this section mentioned, it shall be taken into consideration by the licensing justices in determining whether they will or will not grant to such person the renewal of his licence or certificate, and may be a ground, if the justices think fit, for refusing such renewal. (9) Where the evidence showing any corrupt practice to have been committed by a justice of the peace, barrister, solicitor, or other professional person, or any licensed person, was given before election commissioners, those commissioners shall report the case to the Director of Public Prosecu- tions, with such information as is necessary or proper for enabling him to act under this section. (10) This section shall apply to an election court under this Act, or under Part IV. of The Municipal Corporations Act, 1882, and the expression election shall be construed accordingly. Those provisions, which deal with licensed victuallers and offences committed on their premises, should be circulated by each Licensed Victuallers' Protection Society, and where any public meeting is convened during the election at a licensed house the agent should 46 CORRL'PT AND ILLEGAL PRACTICES specifically call the attention of the licence-holder to tliese pains and ])enalties. Licensed victuallers ai'e allowed to combine for the purposes of trade defence to support or oppose any particular candidate, and the ex]ienses incurred by them or their association do not form any portion of the candidate's election expenses which have to be returned. List in register of voters of persons in- capacitated for voting by corrupt or illegal practices. 45 & t5 Vict, c. .5(1. 39. (1) The registration officer in every county and borough shall annually make out a list con- taining the names and description of all persons who, though otherwise qualified to vote at a Parlia- mentary election for such county or borough re- spectively, are not capable of voting by reason of having after the commencement of this Act been found guilty of a corrupt or illegal practice on conviction or by the report of any election court or election commissioners, whether under this Act, or under Part IV. of The Municipal Corporations Act, 1882, or under any other Act for the time being in force relating to a Parliamentary election or an election to any public office ; and such officer shall state in the list (in this Act referred to as the cor- rupt and illegal practices list) the offence of which each person has been found guilty. (2) Foi- the purpose of making out such list he shall examine the report of any election court or election commissioners who have respectively tried an election petition or inquired into an election Avhere the election (whether a Parliamentary elec- tion or an election to auy public office) was held in any of the t'ollowing places ; that is to say, (a) if he is the registration officer of a county, in that county, or in any borough in that county ; and rREVEXTlON ACT, 1883. 47 (h) if he is tlie registration officer of a borough, ill the county in which such borough is situate, or in any borougli in that county. (3) The registration officer shall send the list to the overseers of every parish within his county or borough, together with his precept, and the over- seers shall publish the list together with the list of voters, and shall also, in the case of eveuy person in the corrupt and illegal practices list, omit his name from the list of persons entitled to vote, or, as cir- cumstances require, add " objected " before his name in the list of claimants or copy of the register published by them, in like manner as is requii'ed by law in any other cases of disqualitication. (4) Any person named in the cori'upt and illegal practices list may claim to have his name omitted therefrom, and any person entitled to object to any list of voters for the county or borough may object to the omission of the name of any person from such list. Such claims and objections shall be sent in within the same time and be dealt with in like manner, and any such objection shall be served on the person referred to therein in like manner, as nearly as circumstances admit, as other claims and objections under the enactments relating to the registration of Parliamentary electors. (5) The revising barrister shall determine such claims and objections and shall revise such list in like manner as nearly as circumstances admit as in the case of other claims and objections, and of any list of voters. (6) Where it appears to the revising barrister that a person not named in the corrupt and illegal practices list is subject to have his name inserted in 48 CORRUPT AKD ILLKGAL PRACTICES such list, he shall (whether an objection to the omission of such name from the list has or has not been made, but) after giving such person an oppor- tunity of making a statement to show cause to the contrary, insert his name in such list and expunge his name from any list of voters. (7) A revising barrister in acting under this section shall determine only whether a person is incapacitated by conviction or by the report of any election court or election commissioners, and shall not determine whether a person has or not been guilty of any corrupt or illegal practice. (8) The corriipt and illegal practices list shall be appended to the register of electors, and shall be printed and published therewith wherever the same is printed or published. Time for presenta- tion of election petitions alle^ng illegal practice. 31 & 32 Vict, c. 125. Froceedings on Election Petition. 50. (1) Where an election petition questions the return or the election upon an allegation of an illegal practice, then, notwithstanding anything in The Parliamentary Elections Act, 1868, such petition, so far as respects such illegal practice, may be presented within the time following ; (that is to «ay,) (o) At any time before the expiration of fourteen days after the day on which the returning officer receives the return and declarations respecting election expenses by the member to whose election the petition relates and his election agent, (ii) If the election petition specifically alleges a payment of money, or some other act to PREVENTION ACT, 1883. 49 have been made oi' done since the said (hiy by the member or an agent of the member, or with the privity of the member or his election agent in pursuance or in further- ance of the illegal practice alleged in the petition, the petition may be presented at any time within twenty-eight days after the date of such payment or other act. (2) Any election petition presented within the time limited by The Parliamentary Elections Act, :ii & :<:iVict. 1868, may for the purpose of questioning the return or the election up(ni an allegation of an illegal practice be amended with the leave of the High Court within the time within which a petition questioning the return upon the allegation of that illegal practice can under this section be presented. (3) This section shall apply in the case of an offence relating to the return and declarations respecting election expenses in like manner as if it were an illegal practice, and also shall apply not- withstanding: that the act constitutino- the alleged illegal practice amounted to a corrupt practice. (4) For the purposes of this section — (a) Where the return and declarations are received on different days, the day on which the last of them is received, and (h) Where there is an authorised excuse for failing to make and transmit the return and declarations respecting election ex- penses, the date of the allowance of the excuse, or if there was a failure as regards two or more of them, and the excuse was allowed at different times, the date of the allowance of the last excuse, 50 CORRUPT AND ILLEGAL PRACTICES shall be substituted for the clay on which the return and declarations are received by the returning- officer. (5) For the purposes of this section, time shall be I'eckoned in like manner as it is reckoned for the purposes of The Parliamentar}' Elections Act, 1868. A petition grounded ujion illegal practices must be presented within fourteen days of the receipt by the returning officer of the agent's decla- ration of election. The presentation of a petition is a matter of such iin]iortancethat it can only be enti'usted to practitioners who have had experience in such matters. If an agent has reason to believe that illegal or corrupt practices have prevailed, he should in all cases get written and signed statements from his informants, and should obtain counsel's opinion whether they are sufficient to warrant the presentation of a petition, with its accompanying security or deposit. Withdrawal 51. (1) Before leave for the Avithdrawal of an petition. election petition is granted, there shall be produced affida\'its by all the parties to the petition and their solicitors, and by the election agents of all of the said parties who were candidates at the election, but the High Coiu't may on cause shown dispense with the aflidavit of any particular person if it seems to the Court on special grounds to be just so to do. No petition can bo withdrawn when once presented without the leave of the Court ; and the Public Prosecutor has also to be communi- cated with. In the Halifax petition leave was refused, and the petitioner was put to the expense of a hearing and dismissal with costs, though satisfied upon a recount that there had been no substantial mistake. (2) Each affidavit shall state that, to the best of the deponent's knowledge and belief, no agreement or terms of any kind whatsoever has or have been PREVENTION ACT, 18S3. made, and no undertaking has been entered into, in relation to the withdrawal of the petition ; but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set forth that agreement, and shall make the fore- going statement subject to what apjicars fnjm the affidavit. (3) The affidavits of the applicant and his solicitor shall further state the ground on which the petition is sought to be withdrawn. (4) If any person makes any agreement or terms, or enters into any undertaking, in relation to the withdi-aAval of an election petition, and such agree- ment, terms, or undertaking is or are for the withdrawal of the election petition in consideration of any payment, or in consideration that the seat shall at any time be vacated, or in consideration of the Avithdrawal of any other election petition, or is or are (whether lawful or unlawful) not mentioned in the aforesaid affidavits, he shall be guilty of a misderaeanor, and shall bo liable on conviction on indictment to imprisonment for a tei-m not exceeding twelve months, and to a fine not exceeding two hundred pounds. (5) Copies of the said affidavits shall be delivei-ed to the Director of Public Prosecutions a reasonable time before the application for the withdrawal is heard, and the court may hear the Director of Public Prosecutions or his assistant, or other i-epresentative (appointed with the appi'oval of the Attorney- Greneral), in opposition to the allowance of the Avithdrawal of the petition, and shall have power to receive the evidence on oath of any pei-son or persons whose evidence the Dii^ector of Public 52 CORK I' IT AXD ir-LKGAL PRACTICES Prosecutions or his assistant, or other representative, may consider material. (6) Whei'e in the opinion of the court the pro- posed withdrawal of a petition was the result of any agreement, terms, or undertaking prohibited by this section, the court shall have the same power with respect to the security as under Section 35 of The 31 & 32 Vict. Pai'liamentary Elections Act, 1868, where the with- C. 12i>. "^ ' ' _ _ drawal is induced by a corrupt consideration. (7) In every case of the withdrawal of an election petition the court shall report to the Speaker whether, in the opinion of such court, the with- drawal of such petition was the result of any agreement, terms, or undertaking, or Avas in consideration of any payment, or in consideration that the seat should at any time be vacated, or in consideration of the withdi^awal of any other election petition, or for any other consideration, and, if so, shall state the circumstances attending the Avith- draAval. (8) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors. (9) Where a person not a solicitor is lawfully acting as agent in the case of an election petition, that agent shall be deemed to be a solicitor for the purpose of making an affidavit in pursuance of this section. Coiiiimw- 52. The trial of every election petition, so far as tioii of trial . . , '' .,,. of election IS practicable, consistently with tlio interests of justice in respect of such trial, shall be continued de die in diem on eveiy lawful day until its conclu- PREVENTION ACT, 1883. 53 sion, and in case the rota of jiidg'es for the ^-oar sliall expire before the conclusion of the trial, or of all the 2ii"0ceedings in relation or incidental to the petition, the authority of the said judges shall continue for the purpose of the said trial and pro- ceeding-s. 43. (1) On every trial of an election petition the Att5n(lanf>e Director of Public Prosecutions shall by himself or of Pnhiic by his assistant, or by such representative as herein- tions^on after mentioned, attend at the trial, and it shall be ejection the duty of such Director to obey any directions petition, •^ _ _ . >*■"' vrose- given to him by the election court with respect to ciition by , . "^ , . . „ . him of the summoning and examination of any witness to offenders, give evidence on such trial, and with respect to the prosecution by him of oifenders, and with respect to any person to whom notice is given to attend with a view to report him as guilty of any corrupt or illegal prdcti(!e. The costs of the Public Prosecutor are in the discretion of the Judges, and where persons are found guilty of illegal or corrupt jjractices they are visited with the costs of proving the offences against them. The petitioner is sometimes burdened with the costs of the petition and of the Public Prosecutor if the petition be deemed frivolous. (2) It shall also be the duty of such Director, without any direction from the election court, if it appears to him that any person is able to give material evidence as to the subject of the trial, to cause such person to attend the trial, and with the leave of the court to examine such person as a witness. (3) It shall also be the duty of the said Director, without any direction from the election court, if it 54 CORRUPT AND ILLEGAL PRACTICES appears to liim that any person wlio has not received a cei'tificate of indemnity has been guilty of a eoi'i'upt or illegal piuctice, to prosecute such person for the offence before the said court, or if he thinks it expedient in the interests of justice before any other competent court. (4) Where a person is prosecuted before an elec- tion court for any corrupt or illegal practice, and such person appears before the court, the court shall proceed to try him summaril}- for the said offence, and such person, if convicted thereof upon such trial, shall be subject to the same incapacities as he is rendered subject to under this Act upon conviction, whether on indictment or in any other proceeding for the said offence ; and, further, may be adjudged by the court, if the offence is a corrupt practice, to be imprisoned, with or without hard labour, for a term not exceeding six months, or to pay a fine not exceeding two hundred pounds, and if the offence is an illegal pi^actice, to pay such fine as is fixed by this Act for the offence ; Provided that, in the case of a corrupt pi^actice, the court, before proceeding- to try summarily any person, shall give such person the option of being- tried by a jviry. (5) Where a person is so prosecuted for any such offence, and either he elects to be tried by a jury or he does not appear before the court, or the court thinks it in the interests of justice expediejit that he should be tried before some other court, the court, if of opinion that the evidence is sufficient to put the said person upon his trial for the offence, shall order such person to be pi'osecuted on indict- ment or before a court of summary jurisdiction, as rREVEXTIOX ACT, 1983. the case may require, for tlie said offence ; and in either case may order him to be prosecuted before such court as may be named in the order ; and for all purposes preliminary and of and incidental to such prosecution the offence shall be deeined to have been committed Avitliin the jurisdiction of the court so named. (6) Upon such order being made — (a) If the accused person is present before the court, and the offence is an indictable offence, the court shall commit him to take his trial, or cause him to give bail to appear and take his trial for the said offence ; and (h) If the accused person is present before the court, and the offence is not an indictable offence, the court shall order him to be brought before the court of summary juris- diction before whom he is to be prosecuted, or cause him to give bail to appear before that court ; and (r) If the accused person is not present before the court, the court shall as circumstances require issue a summons for his attendance, or a warrant to apprehend him and bring him, before a court of summary jurisdic- tion, and that court, if the offence is an indictable offence, shall, on proof only of the summons or warrant and the identity of the accused, commit him to take his trial, or cause him to give bail to appeal and take his trial for the said offence, or if the offence is punishable on summary con- viction, shall proceed to hear the case, or 56 CORRUPT AND ILLEGAL PRACTICES if such court he not the court before whom he is directed to be prosecuted, shall order him to be brought before that court. (7) The Director of Public Prosecutions may nominate, with the approval of the Attorney- General, a barrister or solicitor of not less than ten years standing to be his representative for the pui-- pose of this section, and that representative shall receive such remuneration as the Commissioners of Her Majesty's Treasury may approve. There shall be allowed to the Director and his assistant or representative, for the purposes of this section, such allowance for expenses as the Commissioners of Her Majesty's Treasury may approve. (8) The costs incurred in defraying the expenses of the Director of Public Prosecutions under this section (including the remuneration of his repre- sentative) shall, in the first instance, be paid by the Commissioners of Her Majesty's Treasury, and so far as they are not in the case of any prosecution paid by the defendant shall be deemed to be ex- penses of the election court; but if for any reason- able cause it seems just to the court so to do, the court shall order all or part of the said costs to be repaid to the Commissioners of Her Majesty's Treasury by the parties to the petition, or such of them as the court may direct. Power to ^^. (1) Where upon the trial of an election rnuii'to petition i-especting an election for a county or order borouffli it appcars to the . election court that a IHiymcut, by c) l l county or corrupt practice has not been 7)roved to have been borouj,'-}! or ^_ ^ _ ' . iniiiviciuai committed in reference to such election by or with election the knowledge and consent of the resj^ondent to the petition. PREVENTION ACT, 1883. 57 petition, and that such respondent took all reason- able means to pi^event corx-upt practices being com- mitted on his behalf, the court may make one or more orders with respect to the payment eith(>i' of the whole or such part of the costs of the petition as the court may think right, as follows : (a) If it appears to the court that corrupt prac- tices extensively prevailed in reference to the said election, the court may order the whole or part of the costs to be paid by the county or borough ; and (b) If it appears to the court that any person or persons is or are proved, whether by providing money or otherwise, to have been extensively engaged in corrupt practices, or to have encoui-aged or promoted exten- sive corrupt practices in reference to such election, the court may, after giving such person or persons an opportunity of being heard by counsel or solicitor and examin- ing and cross-exami ling witnesses to show cause why the order should not be made, order the whole or part of the costs to be paid by that person, or those persons or any of them, and may order that if the costs cannot be recovered from one or more of such persons they shall be paid by some other of such persons or by either of the parties to the petition. (2) Where any person appears to the court to have been guilty of the offence of a corrupt or illegal practice, the court may, after giving such person an opportunity of making a statement to show why the (jrder should not be made, order the whole or any 58 CORRUPT AXD ILLEGAL PRACTICES part of the costs of or incidental to any proceeding before the court in relation to the said offence or to the said person to be paid by the said person. (3) The rules and regulations of the Supreme Court of Judicature with respect to costs to be allowed in actions, causes, and matters in the High Court shall in principle and so far as practicable apply to the costs of petition and other proceedings under The Parliamentary Elections Act, 1868, and under this Act, and the taxing officer shall not allow any costs, charges, or expenses on a higher scale than would be allowed in any action, cause, or matter in the High Court on the higher scale, as between solicitor and client. Inqniry by Hirector of T'ulilic I'rosecu- tions into alleged corru])t or illegal practices. Mii^ceUaneoris. 55. Where information is gi^-en to the Director of Public Prosecutions that any coirupt or illegal prac- tices have prevailed in reference to any election, it shall be his duty, subject to the regulations under The Prosecution of Offences Act, 1879, to make such inquix'ies and institute such prosecutions as the cir- cumstances of the case appear to him to require. Removal of incanaoity on proof that it was procured Ijy perjury. 46. Where a person has, eithor before or after the commencement of this Act, become subject to any incapacity under the Corrupt Practices Prevention Acts or this Act by reason of a conviction or of a report of any election court or election commis- sion ei^s, and any witness who gave evidence against such incapacitated person upon the proceeding for such conviction or report is convicted of perjury in respect of that evidence, the incapacitated person PRRVENTION ACT, 1883. 59 may apply to the High. Court, and the Court, if satisfied that the conviction or report so far as respects such person was based upon perjury, may oi'der that such incapacity shall thencefurtli cease, and the same shall cease accordingly. 57. (1) Every county shall be divided into polling Amemi- distriets, and a polling place shall be assigned to as to each district in .such manner that, so far as is Jiistrifts reasonably- practicable, eveiy elector resident in the pf^ce^"'^"^' county shall have his polling place within a distance not exceeding three miles from his residence, so nevertheless that a polling district need not in any case be constituted containing less than one hunch'ed electors. (2) In every county the local authority who have power to divide that county into polling districts shall from time to time divide the county into polling districts, and assign polling places to those districts, and alter those districts and polling places in such manner as may be necessary for the purpose of carrying into effect this section. The polling stations are fixed by a committee of the county council, and both parties are generally invited to make representations when and where fresh polling stations are required. This is generally done in the early part of each year, but application for information on this point should be addressed to the clerk of the county council. (3) The power of dividing a borough into polling districts vested in a local authority by The Repre- sentation of the People Act, 1867, and the enact- ments amending the same, may be exercised by such local authority from time to time, and as often as the authority think fit, and the said power shall be deemed to include the power of altering any polling 60 CORRUPT AND ILLEGAL PRACTICES district, and tlie said local authority sliall from time to time, where necessary for the pui-p(xse of carrying this section into eifect, divide the borough into polling districts in such manner that — Tlie local authority in a borough is the town council, and application for information or to allow additional polliuo; places should be made to the town clerk ; but it must not be left until an election is pending, as the polling stations are fixed annually. (a) Every elector resident in the boi'ough, if other than one hereinafter mentioned, sliall he enabled to poll within a distance not exceeding one mile from his residence, so nevertheless that a polling district need not be constituted containing less than three hundred electors ; and (Zy) Every elector resident in the boroughs of East Retford, Shoreham, Cricklade, Much Wenlock, and Aylesbury, shall be enabled to poll within a distance not exceeding three miles from his residence, so never- theless that a polling district need not be constituted containing less than one hun- dred electors. These boroughs have ceased to exist, and Sub-section (a) applies to all county districts. (4) So much of Section 5 of The Ballot Act, 1872, and the enactments amending the same as in force and is not repealed by this Act, shall apply as if the sam.e were incorporated in this section. This section provides for the sending of a report by the local authority of a copy of all orders made under these sections to the Secretary of State, and further provides that the clerk of the peace or PREVENTION ACT, 1883. 61 town clerk shall copy, print, and arrange the list of voters for the purpose of such register in accordance with the orders made as to the polling districts. (5) The expenses incurred by the local authority of a county or borough under this or any other Act in dividing- theii' county or borough into polling districts, and, in the case of a county, assigning polling places to such disti-icts, and in altering any such districts or polling places, shall be defrayed in like manner as if they were expenses incurred by the registration officer in the execution of the enact- ments respecting the registration of electors in such county or borough, and those enactments, so far as is consistent with the tenor thereof, shall apply accordingly. is. Where the nature of a county is such that conveyance any electors residing therein are unable at an elec- tion for such county to reach their polling place without crossing the sea or a branch or arm thereof, this Act shall not prevent the provision of means for conveying such electors by sea to their polling- place, and the amount of payment for such means of conveyance may be in addition to the maximum amount of expenses allowed by this Act. But this section in no way permits the hire of steamers or other craft for bringing fishermen home to vote, nor does it prevent the voluntary employment and use of yachts, &c., for the purpose, where lent. of voters by sea in certain cases. 49. Notwithstanding the provisions of the Act Election 15 and 16 Vict. cap. 57, or any amendment thereof, sioners not in any case where, after the passing of this Act, any intoeiec- commissioners have been appointed, on a joint addi-ess thTpassiiiK' of both Houses of Parliament, for the purpose of tins Act. 62 CDRRTPT AND If.LKGAL PRACTICES of making' inquiry into the existence of corrupt practices in any election, the said commissioners shall not make inquiries concerning any election that shall have taken place prior to the passing of this Act, and no witness called before such commis- sioners, or at any election petition after the passing of this Act, shall be liable to be asked or bound to answer any question for the purpose of proving the commission of any corrupt practice at or in relation to any election prior to the passing of this Act : Provided that nothing herein contained shall affect any proceedings that shall be pending at the time of such passing. This only applies to offences before the Act of 1883, and was carried on the motion of Sir Edward Clarke. Trial in Central I 'riminal Court of indictment tor coiTujit . practice at instance of Attorney- General. Legal Proceedings. 50. Where an indictment as defined by this Act for any olf ence under the Corrupt Practices Preven- tion Acts or this Act is instituted in the High Court or is removed into the High Court by a writ of certiorari issued at the instance of the Attorney- General, and the Attorney- General suggests on tlie part of the Ci-own that it is expedient for the pur- poses of justice that the indictment should be tried in the Central Criminal Court, or if a special jury is ordered, that it should be tried before a judge and jury at the Royal Courts of Justice, the High Court may, if it think fit, order that such iiidict- ment shall be so ti-ied upon such terms as the Coui't may think just, and the High Court may make such orders as appear to the Court necessary or proper for carrying into effect the order for such trial. PRBVKNTION ACT, 1883. 68 51. (1) A proceeding against a person in respect Limitntion of the offence of a corrupt or illegal practice or any proseciuion other offence under the Corrupt Practices Prevention "*^ o'^'-^ice. Acts or this Act shall be commenced within one year after the offence was committed, or if it was committed in reference to an election with respect to which an inquiry is held by election commissioners shall be commenced within one year after the offence was committed, or Avithin three months after the report of such commissioners is made, whichever period last expires, so that it be commenced within two years after the oft'ence was committed, and the time so limited by this section shall, in the case of any proceeding under the Summary Jurisdiction Acts for any such offence, whether before an election coui-t or otherwise, be substituted for any limitation of time contained in the last-mentioned Acts. The limit is extended to two years if the offence is only broiiprhr, to light by election commissioners, and the proceedings must bo within three months of their report thereon. One year is the ordinary limit. (2) For the purposes of this section the issue of a summons, waiTant, writ, or other process shall be deemed to be a commencement of a proceeding, Avliere the service or execution of the same on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, but save as aforesaid the service or execu- tion of the same on or against the alleged offender, and not the issue thereof, slxall be deemed to be the commencement of the pi'oceeding. 52. Any person charged with a corrupt practice Persons may, if the circumstances warrant such finding, be with*"'^ 64 CORRUPT AND IIJ.KCJAL PRACTICES corruj)t practice may be found guilty of illegal practice. found eruilty of an illegal practice (which offence shall for that purpose be an indictable offence), and any person charged with an illegal practice may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a cor- rupt practice, and a person chai'ged with illegal payment, employment, or hiring, may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice. Application of enact- ments of 17 & 18 Vict. c. 102. and 26 & 27 Vict. c. 29, rela- ting to prosecu- tions for bribery. 17 & 18 Vict. c. 102. 26 & 27 Vict. c. 29. 53. (1) Sections 10, 12, and 13 of The Corrupt Practices Prevention Act, 1854, and Section 6 of The Corrupt Practices Prevention Act, 1863 (w^hich relate to prosecutions for bribery and other offences under those Acts), shall extend to any prosecution on indictment for the offence of any corrupt practice within the meaning of this Act, and to any action for any pecuniary forfeitirre for an offence under this Act, in like manner as if such offence were bribery within the meaning of those Acts, and such indictment or action were the indictment or action in those sections mentioned, and an order under the said Section J may be made on the defendant ; but the Director of Public Prosecutions or any person instituting any prosecution in his behalf or by direction of an election court shall not be deemed to be a private prosecutor, nor required under the said sections to give any secuinty. No security for costs is necessary. (2) On any prosecution under this Act, wdiether on indictment or summai-ily, and whether before an election court or othei'wise, and in any action for PREVENTION ACT, 1883. 65 a pecuniary forfeiture under this Act, the ])er.sou prosecuted or sued, and the husband or wife of such person, may, if he or she think fit, be examined as an ordinary witness in the case. This permission to call husbtind or wife is an exception to the genei'al rule of the criminal law. (3) On any such prosecution or action as aforesaid it shall be sufficient to allege that tlie person charged was guilty of an illegal practice, payment, employment, or hiring within the m^eaning of this Act, as the case may be, and the certificate of the retui'ning officer at an election that the election mentioned in the certificate was duly held, and that the person named in the certificate was a candidate at such election, shall be sufficient evidence of the facts therein stated. 54. (1) All offences under this Act, punishable Prosecution ... 1 i. J • on sum- on summary conviction, may be prosecuted m mary- maiiner provided by the Summary Jurisdiction and^app'eai A of c to quarter ■^^^'^- _ sessions. (2) A person aggrieved by a conviction by a court of summary jurisdiction for an offence under this Act may appeal to general or quarter sessions against such conviction. Or, if the point of law be of sufficient importance, a case can be stated for the High Court. 55. (1) Except that nothing in this Act shall Appiica- ) ^ ^ , . " ... tion of autiioi'ise any appeal against a summary conviction summary by an election court, the Summary Jurisdiction ^ud indict- Acts shall, so far as is consistent with the tenor Q^g^pps thereof, apply to the prosecution of an ofl'ence Acts to F 66 CORRUPT AND ILLEGAL PRACTICES proceedings summarily before an election court, in like manner before elec- . . "^ tiun courts, as if it Were an offence punisliable only on summary conviction, and according'ly the attendance of any pei-son may be enforced, the case heard and deter- mined and any summary conviction by such court be carried into effect and enforced, and the costs thereof paid, and the record thereof dealt with under those Acts in like manner as if the court were a petty sessional court for the county or place in which such conviction took place. (2) The enactments relating to charges before justices against persons for indictable offences shall, so far as is consistent with the tenor thereof, apply to every case where an election court orders a person to be prosecuted on indictment in like manner as if the court were a justice of the peace. Exercise of jurisdiction of High Court, and making of rules of Court. 56, (1) Subject to any rules of court, any jui-is- diction vested by this Act in the High Court may, so far as it relates to indictments or other criminal proceedings, be exercised by any judge of the Queen's Bench Division, and in other respects may either be exercised by one of the judges for the time being on the rota for the trial of election petitions, sitting either in court or at chambers, or may be exercised by a master of the Supreme Court of Judicatui-e in manner directed by and subject to an appeal to the said judges : Provided that a master shall not exercise juris- diction in the case either of an order declaring any act or omission to be an exception from the provi- sions of this Act with respect to illegal practices, payments, employments, or hirings, or of an order PREVENTION ACT, 1883. 67 allowing an excuse in relation to a return or declara- tion respecting- election expenses. (2) Rules of court may from time to time be made, revoked, and altered for the pui-poses of this Act, and of The Parliamentary Elections Act, 1868, and the Acts amending the same, by the same authority by whom rules of court for procedure and practice in the Supreme Court of Judicature can for the time being be made. The Election Judges have published from time to time Rules for the procedure and guidance of petitioners and respondents, but in their absence an application cannot be heard by the Judge in chambers, who has no power to make orders in election petitions. 57. (1) The Director of Public Prosecutions in Director of Puljlic performing any duty under this Act shall act in Prosecu- accordance with the regulations under The Prosecu- expends of tion of Offences Act, 1879, and subject thereto in {-^^^f "• accordance with the directions (if any) given to him ^2^*43Vict. by the Attorney-General ; • and any assistant or representative of the Director of Public Prosecutions in performing any duty under this Act shall act in accordance with the said regulations and directions (if any) and with the directions given to him by the Director of Public Prosecutions. (2) Subject to the provisions of this Act, the costs of any prosecution on indictment for an offence ])unishable under this Act, whether by the Director of Public Prosecutions or his representative or by any other person, shall, so far as they are not paid by the defendant, be paid in like manner as costs in the case of a prosecution for felony are paid. 58. (1) Where any costs or other sums (not being Recovery of costs of a prosecution on indictment j are, under an J^,',jy^bie bv 68 CORRUPT AND ILLEGAL PRACTICES county oi- lioronjrli or !)>■ person. 32 & 33 Vict, c. 21 34 & 35 Vict, c. 61. order of an election court, or otherwise tinder tliis Act, to be paid by a county or borough, the Com- missioners of Her Majesty's Treasury shall pay those costs or sums, and obtain repayment of the amount so paid, in like manner as if such costs and sums Avere expenses of election commissioners paid by them, and The Election Commissioners Expenses Acts, 1869 and 1871, shall apply accordingly as if they were herein re-enacted and in terms made applicable to the above-mentioned costs and sums. (2) Where any costs or other sums are, under the order of an election court or otherwise under this Act, to be paid by any person, those costs shall be a simple contract debt due from such pei'son to the person or persons to whom they are to be paid, and if payable to the Commissioners of Her Majesty's Treasury shall be a debt to Her Majesty, and in either case may be recovered accordingly. Obligation of witness to answer, and certili- cate of indemnity. Supplemental Provisiuns, Definitions, Savings, and Repeal. 59. (1) A person who is called as a witness respecting an election before any election court shall not be excused from answering any question relating to any offence at or connected with such election, on the ground that the answer thereto may criminate or tend to criminate himself or on the ground of privilege ; Provided that — (a) A witness who answers truly all questions which he is required by the election court to answer shall be entitled to receive a certiticate of indemnity under the hand of PREVENTION ACT, 1883. 69 a member of the court stating' that such witness has so answered : and (6) An answer by a person to a question put by or before any election court shall not, except in the case of any criminal pro- ceeding' for perjury in respect of such evidence, be in any proceeding, civil or criminal, admissible in evidence against him. (2) Where a person has received such a certificate of indemnity in relation to an election and any legal proceeding is at any time instituted against him for any offence under the Corrupt Pi-actices Prevention Acts or this Act committed by him previously to the date of the certificate at or in relation to the said election, the court havinof cosrnisance of the case shall on proof of the certificate stay the proceeding, and may in their discretion award to the said person such costs as he may have been put to in the pro- ceeding. A solicitor or a barrister, thouojh he receive a certificate of indemnit y, loses any public appointment that he holds, and is liable to action taken by the Inn of Court or Law Society to which he belongs. In the Hexham case the solicitor reported as guilty of illegal practices was deprived of every public appointment which he held. (3) Nothing in this section shall be taken to relieve a person receiving a certificate of indemnity from any incapacity under this Act or from any proceeding to enforce such incapacity (other than a criminal prosecution) . (4) This section shall apply in the case of a witness before any election commissioners, in like manner as if the expression " election court" in this section included election commissioners. 70 CORRUPT AND ILLEGAL PRACTICES (5) Where a solicitor or person lawfully acting as agent for any party to an election petition respecting any election for a county or borougli has not taken any part or been concerned in such election, the election commissioners inquiring into such election shall not be entitled to examine such solicitor or agent respecting matters which came to his knowledge by reason only of his being concerned as solicitor or agent for a party to such a petition. 60. An election court or election commissioners, when reporting- that certain persons have been guilty of any corrupt or illegal practice, shall report whether those persons have or not been furnished with certificates of indemnity ; and such report shall be laid before the Attorney- General (accompanied in the case of the commissioners with the e\Tdence on which such report was based) with a view to his instituting or directing a prosecution against such persons as have not received certificates of indemnity, if the evidence should, in his opinion, be sufficient to support a prosecution. Criminal prosecutions can only be commenced against such witnesses as liave not received certificates under the 59th Section. Submission of report of elpction court or commis- sioners to Attornpy- General. I'.rcacli of duty by officer. ■.in & 36 Vict. c. 33. Vict. c. 18. 61. (1) Section 11 of The Ballot Act, 1872, shall apply to a returning officer or presiding officer or clerk who is guilty of any wilful misfeasance or wilful act or omission in contravention of this Act in like manner as if the same were in contravention of The Ballot Act, 1872. (2) Section 97 of The Parliamentary Registration Act, 1843, shall apply to every registration officer who is guilty of any wilful misfeasance or wilful PREVENTION ACT, 1883. act of commission or omission contrary to this Act in like manner as if the same were contrary to The Parliamentary Registration Act, 1843. 62. (1) Any public notice required to be given by j'nbiiration the retui'ning officer under this Act shall be given ""noUces!^ in the manner in which he is directed by The Ballot 35 & soviet. C 33 Act, 1872, to give a public notice. (2) Where any summons, notice, or document is required to be served on any person with reference to any proceeding respecting an election for a county or borough, whether for the purpose of causing him to appear before the High Court or any election court, or election commissioners, or otherwise, or for the purpose of giving him an opportunity of making a statement, or sliowing cause, or being heard by himself, before any court or commissioners, for any purpose of this Act, such summons, notice, or document may be served either by delivering the same to such person, or by leaving the same at, or sending the same by post by a registered letter to, his last known place of abode in the said county or borough, or if the proceeding- is before any court or commissioners, in such other manner as the court or commissioners may direct, and in proving such service by post it shall be sufficient to prove that the letter was prepaid, properly addi'essed, and registered Avith the post office. (3) In the form of notice of a Parliamentary election set forth in the Second Schedule to The Ballot Act, 1872, the words " or any illegal practice " shall be inserted after the woi'ds " or other corrupt practices," and the woi-ds the 72 CORRUPT AND ILLEGAL PRACTICES " Corrupt and Illegal Practices Prevention Act, 1883," shall be inserted after the "words " Corrupt Practices Prevention Act, 1854." Definition of candi- date, and saving for jjersons nominated without consent. 63. (1) In the Corrupt Practices Prevention Acts, as amended by this Act, the expression " candidate at an election " and the expression " candidate " respectively mean, unless the context otherwise requires, any person elected to serve in Parliament at such election, and any person- , who is nominated as a candidate at such election, or is declared by himself or by others to be a candidate, on or after the day of the issue of the wiit for such election, or after the dissolution or vacancy in con- sequence of which such writ has been issued ; (2) Provided that where a person has been nominated as a candidate or declared to be a candidate by others, then — (a) If he was so nominated or declared without his consent, nothing in this Act shall be construed to impose any liability on such person, unless he has afterwards given his assent to such nomination or declaration or has been elected ; and (6) If he was so nominated or declared, either without his consent or in his absence, and he takes no part in the election, he m?bj, if he thinks lit, make the declaration respecting election cxpen-^es contained in the second part of the Second Schedule to this Act, and the election agent shall, so far as circumstances admit, comply with the provisions of this Act with respect to expenses incurred on account of or in PREVENTION ACT, 1883. 7'.i respect of the conduct or management of the election in like manner as if the candidate had been nominated or declared with his consent. The important point as to when the candidature commences is still unsolved, Mr. Justice Hawkins at Walsall, and Mr. Justice Cave at Rochester, clearly disposing of the idea that the expenses of candi- dature and the liability of a candidate simply date from the issue of the writ. The obiter dicta are in distinct conflict with the views of Lord Field and Mr. Justice Day as expressed in the Kenningron decision of 1886. " I cannot think that the period of candidature or the period of at^ency is to be limited by the date of the issuing of the writ or the day of nomination, but I think that when an election is contemplated as probable in the coarse of a few months, and it is well recognised that to secure the election of a particular candidate active steps must be taken and every exertion made at once to secure that object, it cannot reasonably be said that there can be no agency to take such steps or make such exertion until the immediate approach of the election by the issue of the writ." — Mr. Justice Haivkinf: {WaL-^all). 64. In this Act, unless the context otherwise General interjireta- requires — tion of terms. The expression " election " means the election of a member or members to serve in Parliament : The expression " election petition " means a petition presented in pursuance of The Parlia- :u .H: :<2 vk-t. mentary Elections Act, 1868, as amended by this Act : The expression " election court " means the judges presiding at the trial of an election petition, or, if the matter comes before the High Court, that court : The expression " election commissioners " means commissioners appointed in pursuance of The 125 ■w. 74 CORRUPT AND ILLEGAL PRACTICES lo&ir.vict. Election Commissioners Act, 1852, and the enactments amending the same : The expression " High Court " means Her Majesty's High Court of Justice in England : The expressions " court of summary jurisdiction," " petty sessional court," and " Summary Juris- diction Acts " have the same meaning as in i> & wvict. The Summary Jurisdiction Act, 1879 : The expression " the Attorney- General " includes the Solicitor General in cases where the office of the Attorney-General is vacant or the Attorney-General is interested or otherwise unable to act : The expression " i-egistration officer " means the clerk of the peace in a county, and the town clerk in a borough, as respectively defined by the enactments relating to the registration of Parliamentary electors : The expression "elector" means any person whose name is for the time being on the register roll or book containing the names of the persons entitled to vote at the election with reference to which the expression is used : The expression "register of electors " means the said register roll or book : The expression " polling ageiit" means an agent of the candidate appointed to attend at a 35 & 36 Vict. polling station in pursuance of The Ballot Act, 1872, or of the Acts therein referred to or amending the same : The expression "person" includes an association oi- body of persons, corporate or unincorporate, and where any act is done by any such association or body, the members of such association or c. 3a. PREVENTION ACT, 1883. 75 body who have taken part in the commission of such act shall be liable to any fine or punish- ment imposed for the same by this Act : The expression " committee room " shall not include any house or room occupied by a candidate 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 for the purposes of this Act by reason only of the candidate or any agent of the candidate addi'essing therein electors, committee-men, or others : The expression " public office " means any office under the Crown or under the charter of a city or municipal borough or under the Acts relating to Municipal Corporations or to the Poor Law, or under The Elementary Education Act, 1870, 33 & 3-tVict. or under The Public Health Act, 1875, or under 38& sgvict any Acts amending the above-mentioned Acts, "• ^^• or under any other Acta for the time being in force (whether passed before or after the com- mencement of this Act) relating to local govern- ment, whether the office is that of mayor, chairman, alderman, councillor, guardian, mem- ber of a board, commission, or other local authority in any county, city, borough, union, sanitary district, or other area, or is the office of clerk of the peace, town clerk, clerk or other officer under a council, board, commission, or other authority, or is any other office to which a person is elected or appointed under any such charter or Act as above mentioned, and includes 76 CORRUPT AND ILLEGAL PRACTICES any other municipal or parochial office ; and the expressions " election," " election petition," " election court," and " register of electors " shall, whei-e expressed to refer to an election for any such public office, be construed accord- ingly : A report by the election court or election commissioners of any offence committed under tlie Act as to illegal or coi'rupt practice prac- tically deprives the ofSce-holder of his office, even though granted a certificate. The expression "judicial office" includes the office of justice of the peace and revising barrister : The expression " personal expenses" as used with respect to the expenditure of any candidate in relation to any election includes the reasonable travelling expenses of such candidate, and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to such election : Here, again, the personal expenses have not been judicially inter- preted. At Kochester Mr. Justice Cave suggested that the hire of a house for the residence of the candidate prior to the election might have to be returned as the personal expenses of the candidate. The expression " indictment " includes informa- tion : The expression " costs " includes costs, charges, and expenses : The expression " payment " includes any pecu- niary or other reward ; and the expressions "pecuniary reward" and "money" shall be deemed to include any office, place, or employ- ment, and any valuable secui-ity or other equi- valent for money, and any valuable consideration, PREVENTION ACT, 1883. 77 and expressions refcnnng' to money shall be construed accordingly : The oifer of " a place" in a free scliool (if it had been proved) was held to be a reward and within this section by tlie Judj^es in the Mont- gomerj^ Boroughs election petition. The expression " Licensing Acts " means The Licensing Acts, 1872 to 1874 : Other expressions have the same meaning as in the Corrupt Practices Prevention Acts. 65. (1) The enactments described in the Third Short titles. Schedule to this Act are in this Act referred to as the Corrupt Practices Prevention Acts. (2) The Acts mentioned in the Fourth Schedule to this Act are in this Act referred to and may be cited respectively by the shoi-t titles in that behalf, in that Schedule mentioned. (3) This Act may be cited as The Corrupt and Illegal Practices Prevention Act, 1883. (4) This Act and the Corrupt Practices Preven- tion Acts may be cited together as The Corrupt Practices Prevention Acts, 1854 to 1883. 66. The Acts set forth in the Fifth Schedule to Repeal of ActB. this Act are hereby repealed as from the commence- ment of this Act to the extent in the third column of that Schedule mentioned, provided that this repeal, or the expiration of any enactment not continued by this Act, shall not revive any enact- ment which at the commencement of this Act is i-epealed, and shall not affect anything duly done or suffered before the commencement of this Act, or any right acquired or accrued or any incapacity incurred before the commencement of this Act, and 78 CORRUPT AND ILLEGAL PRACTICES any person subject to any incapacity under any enactment liereby i-epealed or not continued shall continue subject thereto, and this Act shall apply to him as if he had become so subject in pursuance of the provisions of this Act. Commence- 67. This Act shall come into operation on the mentof Fifteenth day of October, One thousand eight hundred and eighty-three, which day is in this Act referred to as the commencement of this Act. The first two elections under this Act were the bye-elections at York rind Northampton in 1884. Application of Act to Scotland. Application 68. Tliis Act shall apply to Scotland, with the of Act to p 11 • Tn 1^- Scotland. tollowmg moumcations : (1) The following expressions shall mean as follows : — The expression " misdemeanour " shall mean crime and offence : The expression " indictment " shall include ci'iminal letters : The expression " solicitor " shall mean enrolled law agent : The expression " revising barrister " shall mean sheriff : The expression " barrister " shall mean advocate: The expression " petty sessional court " shall mean sheriff" court : The expression " quarter sessions " shall mean the Court of Justiciary : PREVENTION ACT, 1883. 79 The expression " registration officer " sliall mean an assessor under the enactments relating to the registi'ation of Parliamentary voters : The expression " municipal borough " shall include ro3'al burgh, and burgh of regality, and burgh of barony : The expression "Acts relating to municipal corporations " shall include The General Police and Improvement (Scotland) Act, 1862, and any other Act relating to the constitution and government of burghs in Scotland : The expression " mayor " shall mean provost or chief magistrate : The expression " alderman " shall mean bailie : The expression " Summary Jurisdiction Acts " shall mean The Summary Jurisdiction (Scot- land) Acts, 1864 and 1881, and any Acts amending the same. (2) The provisions of this Act with respect to polling districts and the expenses of dividing a county or borough into polling districts shall not apply to Scotland. (3) The provisions respecting the attendance at the trial of an election petiti(jn of a representative of the Director of Public Prosecutions shall not apply to Scotland, and in place thereof the following jU'ovisions shall have effect : (a) At the trial of every election petition in Scotland Her Majesty's advocate shall be represented by one of his deputes or by the procurator-fiscal of the sheriff court of the district, who shall attend such trial as so CORRUPT AXD ILLEGAL PRACTICES part of his official duty, and shall give all necessary assistance to the judge with respect to the citation of witnesses and recovery of documents : (b) If the jvidge shall grant a warrant for the apprehension, commitment, or citation of any person suspected of being guilty of a corrupt or illegal practice, the case shall be reported to Her Majesty's advocate in order that such person may be brought to trial before the High Court of Justiciary or the sheriff, according to the nature of the case : (c) It shall be the duty of the advocate depute, oi', in his absence, the procurator-fiscal, if it appears to him that a corrupt or illegal practice within the meaning of this Act has been committed by any person who has not received a certificate of indemnity, to report the case to Her Majesty's advocate in order to such person being brought to trial before the proper court, although no warrant may have been issued by the judge. (4) The jurisdiction of the High Court of Justice under this Act shall, in Scotland, be exercised by one of the Divisions of the Court of Session, or by a judge of the said court to whom the same may be remitted by such division, and subject to an appeal tliereto, and the Court of Session shall have power to make Acts of sederunt for the purposes of this Act. (5) Court of Oyer and Terminer shall mean a circuit court of Justiciary, and the High Court of Justiciary shall have jjowers to make acts of PREVENTION ACT, 1893. 81 adjournal regulatintr the procedure in appeals to the circuit court under this Act. ((5) All offences under this Act, ])unishable on summary conviction, may be prosecuted in the sheriff court in manner provided by the Summary Jurisdiction Acts, and all necessai'y jurisdictions are hereby conferred on sheriffs. (7) The authority given by this Act to the Directoi- of Public Prosecutions in England shall in Scotland be exercised by Her Majesty's advocate, and the reference to The Prosecution of Offences Act, 1879, shall not apply. (8) The expression "Licensing Acts " shall mean "The Public Houses Acts Amendment (Scotland) 2r.&2CVict. Act, 1862," and "The Publicans' Certificates (Scot- ;<.Kt'u)Vict. land) Act, 1876," and the Acts thereby amended and therein recited. (9) The expression " register of licences " shall mean the register kept in pursuance of Section 12 of the Act of the ninth year of the reign of King George the Fourth, Chapter 58. (10) The references to The Public Health Act, 1875, and to The Elementary Education Act, 1870, shall be construed to refer to The Public Health (Scotland) Act, 1867, and to The Elemen- tary Education (Scotland) Act, 1872. (11) Anyreference to The Parliamentary Elections Retui-ning Officers Act, 1875, shall TU)t apply. (12) The provision with respect to the registi-a- tion officer sending the corrupt and iUegal practices list to o\'erseers and the dealing witli such list by overseers shall not apply, and in lieu thereof it is 2G. CORRUPT AND ILLKGAL PRACTICRS lierel)y enacted that the assessor shall in counties include the names of such persons in the list of persons who have become disqualified, and in boroughs shall omit the names of such persons from the list of persons entitled to vote. (18) The power given by this Act to the Lord Chancellor in England shall in Scotland, except so far as relates to the justices of the peace, be exer- cised by the Lord Justice Greneral. (14) Any reference to the Attorney-General shall refei' to the Lord Advocate. (15) The pi'ovisions with respect to the removal of cases to the Central Criminal Court or to the trial of cases at the Royal Courts of Justice shall not apply. 21 & 25 Vict. (16) Section Thirty-eight of The County Voters Registration (Scotland) Act, 1861, shall be substi- tuted for Section Ninety-seven of The Parliamentary Registration Act, 1843, where reference is made to that section in this Act. (17) The provisions of this Act with regard to costs shall not apply to Scotland, and instead thereof the following provision shall have elfect : The costs of j)etitions and other proceedings under The Pai'liamentary Elections Act, 1868, and under this Act, shall, subject to any regula- tions which the Court of Session may make by act of sederunt, be taxed as nearly as possible according to the same principles as costs between agent and client are taxed in a cause in that court, and the auditor shall not allow any costs, charges, or expenses on a higher scale. c. 83. PREVENTION ACT, 1883. 83 Application of Act to Ireland. 69. Tliis Act shall apply to Ireland, with tlio following' modifications : Appiirntion of Act to (1) No person shall be tried for any offence Ireland. ■ against this Act under any of the provisions of 45 &48Vict. The Prevention of Crime (Ireland) Act, 1882. (2) The expression " Summary Jm-isdiction Acts" means, with reference to the Dublin Metro- politan Police District, the Acts regulating the powers and duties of justices of the peace and of the police in such district ; and with reference to other parts of Ireland means The Petty i4&i5Vict. Sessions (Ireland) Act, 1851, and any Acts amending the said Act. (8) Section 103 of the Act of the Session of the thirteenth and fourteenth years of the reign of Her present Majesty, Chapter 69, shall be substituted for Section 97 of The Parliamentary Registration Act, 1843, where reference is made to that section in this Act. (4) The provision with respect to the registration officer sending the. corrupt and illegal practices list to overseers and the dealing with such list by overseers shall not apply, and in lieu thereof it is hereby enacted that the registration officer shall, after making out such list, hiniself pub- lish the same in the manner in which he publishes the list referred to in the 21st and the 33rd Sections of the Act of the Session of the thirteenth and fourteenth yeai-s of the reign of Her present Majesty, Chapter 69 ; and shall also in the case of every person in the corrupt and 84 CORUL-PT AND ILLEGAL PRACTICES illegal practices list enter " objected to " against his name in tlie register and lists made out by such registration officer in like manner as he is by law required to do in other cases of disqualification. (.")) The Supreme Court of Judicature in Ireland shall be substituted for the Supreme Court of Judicature. (6) The High Court of Justice in Ireland shall be substituted for the High Court of Justice in England. "(7) The Lord High Chancellor of Ireland shall be substituted for the Lord High Chancellor of Great Britain. (8) The Attorney- General for Ireland shall be substituted for the Director of Public Prosecu- tions, and the reference to The Prosecution of Offences Act, 1879, shall not apply. (9) The provisions of this Act relative to polling districts shall not apjjly to Ireland, but in the county of the town of Galway there shall be a polling station at Barna, and at such other places within the Parliamentary borough of Galway as the town commissioners may apjDoint. (10) Any reference to Part IV. of the Municipal Corporations Act, 1882, shall be construed to refer to The Corrupt Piuctices (Municipal Elections) Act, 1872. (11) Any reference to the Licensing Acts shall be construed to refer to The Licensing Acts (Ireland), 1872 to 1874. PREVENTION ACT, 1883. 85 (12) The Public Health (Ireland) Act, 1878, u t uvict. shall be substituted for The Public Health Act, '^' "**" 1875. (13) The provisions with, respect to the removal of cases to the Central Criminal Court, or to the trial of cases at tbe Royal Courts of Justice, shall not apply to Ireland. Conti7iuance. 70. This Act shall continue in force until the Continu- thirty-first day of December One thousand eight *°*^®" hundred and eighty-four, and no longer, unless continued by Parliament ; and such of the Corrupt Practices Prevention Acts as ax'e referred to in Part One of the Third Schedule to this Act shall con- tinue in force until the same day, and no longer, unless continued by Parliament. This Act has been continued by Parliament, but no amendments have been incorporated with it since its adoption. 86 CORRUPT AND ILLEGAL PRACTICES SCHEDULES. FIRST SCHEDULE. PART I. . Persons Legally Employed for Payment. 1. One election agent and no more. This refers to both boroughs and counties. 2. In counties one deputy election agent (in this Act referred to as a Bub-agent) to act within each polling district and no more. No sub-agents allowed in boroughs : only clerks and messengers. 3. One polling agent in each polling station and no more. 4. In a borough one clerk and one messenger, or if the number of electors in the borough exceeds five hundred, a number of clerks and messengers not exceeding in number one clerk and one messenger for every complete five hundred electors in the borough, and if there is a number of electors over and above any complete five hundred or com- ])lete five hundreds of electors, then one clerk and one messenger may be employed for such number, although not amounting to a complete five hundred. In Boroughs. No ])rovi8ion for a central committee room. Of course one must exist, but the clerks and messengers there employed must be within the minimum — one clerk and one messenger for each 500 electors, and one each in addition for each complete or incomplete 500. 5. In a county for the central committee room one clerk and one nu'sscnger, or if the number of electors in the county exceeds five tliousand, then a number of clerks and messengers not exceeding in number one clerk and one messenger for every complete five thousand electors in the county ; and if there is a number of electors over and above any complete five thousand or complete five thousands of PREVENTION ACT, 1883. 87 electors, then one clerk and one messenpjer may be employerl for such number, although not amounting to a complete five thousand. (). In a county a number of clerks and messengers not exceeding in number one clerk and one messenger for each polling district in the county, or where the number of electors in a polling district exceeds five hundred, one clerk and one messenger for every complete five hundred electors in the polling district, and if there is a number of electors over and above any complete five hundred or complete five hundreds of electors, then one clerk and one messenger may be em- ployed for such number, although not amounting to a complete five hundred : Provided always that the number of clerks and messengers so allowed in any county may be employed in any polling district where their services may be required. In Counties, thekefobe, and only. In. aiUlition, there may be at the central committee room one clerk and imo messenger extra for each 5,000 electors, andone clerk and one messenger in addition for each complete and incomplete 5,000 in addition. In the coimty one clerk and one messenger for each poUlvg district, and when that polling district has over 500 electors then one clerk and one messenger for each complete or incomplete 500 over and for the purposes of this enactment to bo joint candidates at such election. Provided that— (a) The employment and use of the same committee room, sub- agent, clerk, messenger, or polling agent, if accidental or casual, or of a trivial and unimpcn-tant character, shall not be deemed of itself to constitute persons joint candidates. (6) Nothing in this enactment shall prevent candidates from ceasing to be joint candidates. (c) Where any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after having begun to conduct his election as a separate candidate, and such ceasing or beginning was in good faith, and such excess is not more than under the circumstances is reasonable, and the total expenses of such candidate do not exceed the maximum amount allowed for a separate candidate, such excess shall be deemed to have arisen from a reasonable cause within the meaning of the enactments respecting the allowance by the High Court or election court of an exception from the provisions of this Act which would otherwise make an act an illegal practice, and the candidate and his election agent may be relieved accordingly from the consequences of having incurred such excess of expenses. 92 rOKKUPT AXP irj,EGAL PRACTICES SECOND SCHEDULE. PART I. Form of Declaration as to Expenses. Form for Candidate. I , having been a candidate at the election for the county \_or borough] of on the day of , do hereby solemnly and sincerely declare that I have examined the return of election expenses [about to be] transmitted by my election agent [or, tf the candidate is his own election agent, "by me"] to the returning officer at the said election, a copy of which is now shovvTi to me and marked , and to the best of my knowledge and belief that return is correct ; And I further solemnly and sincerely declare that, except as appears from that return, I have not, and to the best of my knowledge and belief no person, nor any club, society, or association, has, on my behalf, made any payment, or given, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election ; It is perfectly clear that when the money is found by any political clul) or as.so- ciatiou after the contest has begun, or the bills arc settled by the agent on their behalf, it ought to be so returned ; but where the candidate has had a lump sum given him before the election, which he in turn gives to the agent, such disclosure may be avoided. And I further solemnly and sincerely declare that I have paid to my election agent [if the candidate is also his own election agent, leave out " to my election agent"] the sutii of pounds and no more for the purpose of the said election, and that, except as specified in the said return, no money, security, or equivalent for money has to my knowledge or belief been paid, advanced, given or deposited by anyone to or in the hands of my election agent [or, if the candidate is his own PREVENTION ACT, 1883. 93 election agent, " myself "] or any other person for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or management of the said election ; And I further solemnly and sincei'ely declare that I will not, except so far as I may be permitted by law, at any future time make or be })arty to the making or giving of, any payment, reward, office, employ- ment, or valuable consideration for tlie purpose of defraying any such expenses as last mentioned, or provide or be party to the providing of any money, security, or equivalent for money for the purpose of defraying any such expenses. SigJiature of declarant CD. Signed and declared by the above-named declarant on the day of before me. (Signed) E.F. Justice of the Peace for Form for Election Agent. I, , being election agent to , candidate at the election for the county [or borough] of on the day of , do hereby solemnly and sincerely declare that I have examined the return of election expenses about to be transmitted by me to the returning officer at the said election, and now shown to me and marked , and to the best of my knowledge and belief that return is correct ; And I hereby further solemnly and sincerely declare that, except as appears from that return, I have not and to the best of my knowledge and belief no other person, nor any club, society, or association, has on behalf of the said candidate made any payment, or given, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election ; And I further solemnly and sincerely declare that I have received from the said candidate pounds and no more [or nothing] for the purpose of the said election, and that, except as specified in the said return sent by me, no money, security, or equivalent for money has been paid, advanced, given, or deposited by any one to me or in my hands, or, to the best of my knowledge and belief, to or in the hands of any other person for the purpose of defraying any expenses 94 CORRUPT AST) ILLEGAL PRACTICES incurred on behalf of the said candidate on account of or in respect of the conduct or management of the said election. Signature of declarant A.B. Signed and declared by the above-named declarant on the day of before me. (Signed) E.F. Justice of the Peace for Form of Return of Election Expenses. I, A.B„ being election agent to CD., candidate at the election for the county [^or borough] of on the day of , make the following return respecting election expenses of the said candidate at the said election {_or where the candidate has named himself as election agent, " I, CD., candidate at the election for the county [o?' borough] of on the day of , acting as my own election agent, make the following return respecting my election expenses at the said election "]. Receipts. Received of [the ahove-named candidate^ '[orivhere the candi- date is his oirn election agent, " Paid by me "] - - £ Received of J. if. £ [Here set out the name and descriptioii of every person, club, society, or association, whether the candidate or not, from whom any money, securities, or equivalent of money %oas received in respect of expenses incurred on account of or in conneixon with or incidental to the above election, and the amount received from each person, cluh, society, or association separately.^ Expenditure. Paid to E. F., the returning officer for the said county [or borough], for his charges at the said election . - - £ Personal expenses of the said C D., paid by himself l_or if the candidaie is his own election agent, " Paid by me as candidate "]-....--..£ PREVENTION ACT, 1883. Personal expenses of the said C. D., paid by me [or if the candidaie is his oion election agent, add "acting as elec- tion agent "] - - - - - - - - - ,€ Received by me for my services as election agent at the said election [or if the candidate is his own election agent, leave out this item^ .....-..£ Paid to O. H. as sub-agent of the polling district of - £ {_The name and description of each suh-agent and tlie sum paid to him, must he set out separately.^ Paid to as polling agent - - - - £ Paid to as dork for days services - £ Paid to as messenger for days eervices £ {_The names and descriptions of every polling agent, cleric, and messenger, and the sum paid to each, must he set out separately either in the account or in a separate list annexed to and referred to in the account, thus, " Paid to polling agent (or as the case may he) as per annexed list £ ."] Paid to the following persons in respect of goods supplied or work and labour done : To P.Q. (printing) £ To M.N. (advertising) £ To R.S. (stationery) .---.-.£ [The name and description of each person, and the nature of the goods supplied, or the loork and labour done hy each, mxist he set out separately either w the account or in a separate list annexed to arid referred to in the account.^ Paid for postage ..-.----£ Paid for telegrams --------£ Paid for the hire of rooms as follows : For holding public meetings - - - - - £ For committee rooms ------£ [A room hired for a public meeting or for a committee room must he named or described so as to identify it ; and the name and description of every person to ivhom any payment was made for each such room, together icith the amount paid, must be set out separately either in the account or in a separate list annexed to and referred to in the account.^ 96 CORRUPT AKD ILLEGAL PRACTICKS Paid for miscellaneous matters, namely : \_The name and description of each person to ivhom any sum is paid, and the reason for which it was paid to him, inu,st be set out separately either in the account or in a separate list annexed to and referred, to in tJie account.^ In addition to the above, I am aware, as election agent for CD. \^or if the candidate is his oic7i election agent, leave out " as election agent for C.D."^, of the following disputed and unpaid claims : namely — Disputed claims. ByT.L". for - -. - - - -■ £"' l^HeJ'e set out the name and description of each person ■ whose claim is disputed, the amount of the claim, and the goods, work, or other matter on the ground of ivhich the claim is hased.^ Unpaid claims allowed by the High Court to be paid after the proper time or in respect of which application has been or is about to be made to the High Court. By M.O. for £ [Here state the name and description of each person to whom any such claim is due, and the amount of the claim, and the goods, ivorh, and labour or other matter on account of luhich the claim is due.] (Signed) A.B. PAET 11. Form of Dkclaration as to Expenses. Form for candidate ivhere declared a candidate or nominated in his absence and taking no part in the election. 1, , having been nominated [oj- having been de- clared by otliers] in my absence [to be] a candidate at the election for the county or borough of , held on the day of , do hereby solemnly and sincerely declare that 1 have taken no part whatever in the said election. PREVENTION ACT, 1883. 97 And I further solemnly and sincerely declare that [_or with the exception of ] I have not, and no person, club, society, or association at my expense has, made any payment, or given, promised, or offered any reward, office, employment, or valuable con- sideration, or incurred any liability on account of or in respect of tlie conduct or management of the said election. And I further solemnly and sincerely declare that \_or with the exception of ] I have not paid any money or given any security or equivalent for money to the person acting as my election agent at the said election, or to any other person, club, society, or association, on account of or in respect of the conduct or management of the said election, and that [_or with the exception of ] I am entirely ignorant of any money, security, or equivalent for mono}' having been paid, advanced, given, or deposited by any one for the purpose of defraying any expenses incurred on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I will not, except so far as I may be permitted by law, at any future time make or be party to the making or giving of any payment, reward, office, employ- ment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be party to the providing of any money, securitj^, or equivalent of money for the purpose of defray- ing any such expenses. Signature of declarant CD. Signed and declared by the above-named declarant on the day of , before me. (Signed) E.F. Justice of the Peace for 98 CORRUPT AND ILLEGAL PRACTICES THIRD SCHEDULE. PART ONE. CoREUPT Practices Prevention Acts, Temporary . Session and Chapter, 17 & 18 Vict, c, 102 - 20 & 27 Vict. c. 29 31 & 32 Vict. c. 125 - 35 & 36 Vict. c. 33 42 & 43 Vict. c. 75 Title of Act. The Corrupt Practices Prevention Act, 1854. An Act to amend and continue the law re- lating to corrupt prac- tices at elections of members of Parlia- ment. The Parliamentary Elections Act, 1868. The Ballot Act, 1872 - The Parliamentary Elections and Cor- rui)t Practices Act, ] 879. Enactments referred to as lieinff The OoiTupt Practices Prevention Acta. The whole Act so far as unrepealed. The whole Act so far as unrepealed. The whole Act so far as unrepealed. Part III. so far as unrepealed. The whole Act so far as unrepealed. PREVENTION ACT, 1883. 99 PART TWO. Permanent. Session and Chapter. 30 & 31 Vict. c. 102 31 & 32 Vict. c. 48 31 & 32 Vict. c. 49 44 & 45 Vict. c. 40 Title of Act. The Eepresentation of the People Act, 1867. The Representation of the People (Scotland) Act, 18t38. The Representation of the People (Ireland) Act, 1868. The Universities Elec- tion s Amendment (Scotland) Act, 1881. Enactments referred to as being The Corrupt Practices Prevention Acts. Sections 11, 4U, and 50. Sections 8 and 49. Sections 8 and 13. Sub-section 17 of Section 2. PART THREE. Enactments Defining the Offences of Bkibeky and Personation. The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. c. 102, ss. 2, 3. s. 2. The following persons shall be deemed guilty of Bribery bribery, and shall be punishable accordingly : — (1) Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer, promise, or promise to procure or to endeavour to procure, any 100 CORRUPT AND ILLEGAL PRACTICES money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce any voter to vote or refrain from votin^, or shall corruptly do any such act as aforesaid on account of such voter having voted or refrained from voting at any election : (2) P]very person -who shall, directly or indirectly, by himself, or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure or to endeavour to procure, any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of any voter having voted or refrained from voting at any election : (3) Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agree- ment as aforesaid to or for any person, in order to induce such person to procure or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election : (4) Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise, or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election : (5) Every person who shall advance or pay, or cause to be paid, any moncj' to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election. Provided always that the aforesaid enactment shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses hond fide incurred at or concerning any election. PKKVRNTION ACT, 1883. 101 8. 3. The following jiprsons shall also bo deemed guilty Bribery of briberr, and shall bo punishable accordingly : — , ^^'"''^ - ' ' "^ ■' defined. (1) Every voter who shall, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, ofBce, place, or employment, for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election : (2) Every person who shall, after any election, directly or indirectly, by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election. The person who receives, as well as the person who pays or offers, is now subject to the pains and penalties of the statutes against bribery. The Representation of the People Act, 1SG7, 30 & 31 Vict. c. 102, s. 49. Any person, either directly or indirectly, corruptly paying Corrupt any rate on behalf of any ratepayer for the purpose of '^"?"^?°) ' enabling him to be registered as a voter, thereby to influence punishable his vote at any future election, and any candidate or other "''' ^"'^'i' person, either directly or indirectly, paying any rate on behalf of any voter for the purpose of inducing him to vote or refrain from voting, shall be guilty of bribery, and be punishable accordingly; and any person on whoso behalf and with whose privity any such payment as in this section is mentioned is made, shall also be guilty of bribery, and punishable accordingly. The Representation of the People (Scotland) Act, 1868, 31 & 32 Vict. c. 48, s. 49. Any person, either directly or indirectly, corruptly paying Corrupt any rate on behalf any ratepayer for the purpose of enabling payment of 102 CORRUPT AND ILLEGAL PRACTICES rates to be l)niiishable as bribery. him to be registered as a voter, thereby to influence his vote at any future election, and any candidate or other person, either directly or indirectly, paying any rate on behalf of any voter for the purpose of inducing him to vote or refrain from voting, shall be guilty of bribery, and be punishable accordingly ; and any person on whose behalf and with whose privity any such payment as in this section men- tioned is made, shall also be guilty of bribery, and punishable accordingly. Corrupt payment of rsKistration fee to be punishable as bribery. The Universities Elections Amendment (Scotland) Act, 1881, 44 & 45 Vict. c. 40, s. 2. 17. Any person, either directly or indirectly, corruptly paying any fee for the jiurpose of enabling any person to be registered as a member of the general council, and thereby to influence his vote at any future election, and any candidate or other person, either directly or indirectly, paying such fee on behalf of any person for the purpose of inducing him to vote or to refrain from voting, shall be guilty of bribery, and shall be punishable accordingly ; and any person on whose behalf and with whose privity any such pajonent as in this section mentioned is made, shall also be guilty of bribery, and punishable accordingly. The Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24. Personation A person shall for all purposes of the laws relating to defined. parliamentary and municipal elections be deemed to be guilty of the offence of personation who, at an election for a county or borough, or at a municipal election, applies for a ballot paper in the name of some otlier person, whether that name be that of a person living or dead, or of a fictitious person, or who, having voted once at any such election, a])plies at the same election for a ballot paper in his own name. This definition should be made more extensively known, and prosecution shoidd be instituted, as the punishment cannot be mitigated. It is imjjrisonmont with hard labour for a period not o.\ceodiug two years. PRKVEXTION ACT, 1983. 103 FOURTH SCHEDULE. Shokt Titles. Session and Chapter. Long Title. Short Title. 15 & 16 Vict. c. 57 - An Act to provide for Election Commis- more effectual in- sioners Act, 1852. quiry into the exist- ence of corrupt prac- tices at the election of members to serve in Parliament. 26 & 27 Vict. c. 29 - An Act to amend and The Corrupt Prac- continue the law re- tices Preven t i o n lating to corrupt Act, 1863. practices at elections of members of Par- liament. 104 CORRUPT AND ILLEGAL PRACTICES FIFTH SCHEDULE. Enactments Eepealed. Note. — Portions of Acts which have already been specifically repealed are in some instances included in the repeal in this Schedule, in order to preclude henceforth the necessity of looking back to previous Acts. A description or citation of a portion of an Act is inclusive of the words, section, or other part first or last mentioned, or otherwise referred to as forming the beginning or as forming the end of the portion comprised in the description or citation. Session and Chapter. Title or Short Title. Extent of Repeal. GO Geo. III. & 1 Goo. An Act for the better Section 36. IV. c. 11 regulation of polls, and for making fur- ther provision touch- ing the election of Members to serve in Parliament for Ire- land. 1 & 2 Geo. IV. c. 58 - An Act to regulate the The whole Act excejit expenses of election Section 3. of Members to serve in Parliament for Ireland. 4 Geo. IV. c. 55 An Act to consolidate and amend the several Acts now in force so far as the same relate to the election and return of Members to serve in Parliament for the counties of cities and counties of towns in Ireland. SectioD 82. PREVENTION ACT, 1883. lOo Fifth Schedulk — continued. Session and Chapter. Title or Short Title. Extent of Roi)cal. 17 & 18 Vict. c. 102 - 21 & 22 Vict. c. 87 26 & 27 Vict. c. 29 The Corrupt Practices Prevention Act, 1854. An Act to continue and amend The Corrupt Practices Prevention Act, 1854. An Act to amend and continue the law re- lating to corrupt prac- tices at elections of members of Parlia- ment. Section 1. Section 2, from " and any person so offending" to "with full costs of suit." Section 3, from " and any person so offending " to the end of the Section. Section 4. Section 5. Section 6. Section 7, from " and all payments " to the end of the Section. Section 9, Section 14, Section 23, Section 36, Section 38, from " and the words personal expen.ses " to the end of the Section, and Sec- tion 39, and Sche- dule A. The whole Act. The whole Act, except Section 6. 106 CORRUPT AND ILLEGAL PRACTICES Fifth Schedule — continued. Session and [Chapter. Title or Short Title. Extent of Repeal. 30 & 31 Vict. c. 102 - The Representation of the People Act, 1867. Section 34, from "and in other boroughs the justices " to " greater part there- of is situate," and Section 36. 31 & 32 Vict. c. 48 - The Representation of the People (Scotland) Act, 1868. Section 25. ^» 31 & 32 Vict. c. 49 - The Representation of the People (Ireland) Act, 1868. Section 12. 31 & 32 Vict. c. 58 - The Parliamentary Electors Registration Act, 1868. Section 18, from "the power of dividing their county " to the end of the section. 31 & 32 Vict. c 125 - The Parliamentary Elections Act, 1868. So much of Section 3 as relates to the definitions of " can- date." Section 16. Section 33. Section 36. Section 41, from " but according to the same principles" to " the High Court of Chancery." Section 43. Section 45. Section 46. Section 47. Section 58, from "The principles " down to "in the court of session," being Sub- section 16. PREVENTION ACT, 1883. 107 Fifth Schedule — continued. Session and Chapter, 35 & 36 Vict. c. 33 42 & 43 Vict. c. 75 43 Vict. c. 18 Title or Short Title. The Ballot Act, 1872 The Parliamentary Elections and Cor- rupt Practices Act, 1879. The Parliamentary Elections and Cor- rupt Practices Act, 1880. Extent of Repeal, Section 5, from the beginning down to " one hundred re- gistered electors." Section 24, from " The offence of personation, or of aiding," to " hard labour," and from " The offence of personation shall be deemed to be" to the end of the Section. Section 3 Schedule. and The whole Act, except Sections 1 and 3. INDEX, AGENT. (See also Election Agent, Sub-Agent, and Polling Agent.) ANDREWS, Justice, on undue spiritual influence, 7. APPEALS : Power to Lord Chancellor to direct appeal by voter to be heard by election petition judges, 42. From Court of Summary Jurisdiction to general ur quarter sessions or High Court, 65. ATTORNEY-GENEEAL : Report of election court or (flection commissioners to be submitted to, 70. Includes Solicitor-General, 74. AUTHORISED EXCUSE : Where issued from, 36. High Court may make order allowing, 37, 38. Date of to be substituted for date on which declarations received by returning officer, 49. BALLOT ACT, 1872 : Application of certain provisions of to this Act, 60, 70, 71, 74. BARRISTER, SOLICITOR, Ac, guilty uf corrupt practice to be reported to Inn of Court, Ac, 43. BR AM WELL, Lord, on intimidation, 7. BRIBERY : Applications of certain enactments to prosecutions for, 64. Definition of, 99—101. Persons guilty of, 99 — 101. Corrupt payment of rates punishable as, 101, 102. ,, „ registration fee punishable as, 102. 110 INDEX. CANDIDATE: Personally guilty of corrupt practices, punishment of, S. Guilty by agents of corrupt practices, puuishment of, 8. Incurring expense in excess of maximum, guilty of illegal practice, 12. Publishing false statement as to withdrawal of, illegal practice, 12. Not liable for offence committed by person other than his agent, 12. Convicted of personal illegal practice incapacitated from sitting in Parliament during period of seven years, 14. Convicted of illegal practice by his agent incapacitated from sitting in Parliament during certain period, 14, 15. Withdrawing from candidatui-e on promise of payment, guilty of illegal payment, 17. Issuing any bill, &c., not beainng name of printer and publisher, illegal practice, 19. E/eport of election court exonerating in certain cases of illegal practice, 21, 22. Responsible for acts of agents or sub-agents, 26. May be incapacitated for illegal acts of agent or sub-agent, 26. Not liable for contract when not made by himself or agents, 28. Election void when payment made by agent without sanction, 31. Disputed claim against may be taxed, 32. Limit of amount of personal expenses, 32. To send statement of expenses to agent, 33. May authorise person to pay petty expenses, 33. To make retui-n of exiDcnses, 35. Declaration as to expenses, 36. Penalty for not making retui-n of expenses, 36. Definition of, 72. Form of declaration by as to election expenses, 92, 93. CANDIDATURE : When commenced, 73. Justices Field, Hawkins, Cave, and Day on, 73. CAVE, Justice, decision by as to bands of music at jjolit ical gatherings, 18. On sub-agents, 26. On agent's duties, 28. On returning officer's charges, 29. On personal expenses, 32, 76. INDEX. Ill CENTRAL CRIMINAL COURT: trial iu, 02. CLERKS AND MESSENGERS : Number allowed, 86, 87. When paid may not vote, 87. COMMITTEE ROOMS : Lent without payment not counted, 11. Use of in certain premises illegal hiring, 20. Definition of, 75. CONTRACT : Candidate not liable for when not made by himself or his agents, 28. CORRUPT PRACTICE : What is, 7. Penalty for, 8. Punishment of Candidate personally guilty of, 8. Punishment of Candidate guilty by agents of, 8. Nature of offence, 9. Punishment of any person convicted of corrupt practice other than personation, 9. Term of imprisonment for, 9. Fine for, 9. Punishment of person aiding, &c., 9. Nature of offence, 9. Term of imprisonment for, 9. Person convicted of incapacitated from voting or holding public office or sitting as Member in House of Commons during period of seven years, 9, 10. Report of election court as to, 13. Extension of Election Commissioners Act, 1852, to, 15. Disqualification of voter for, 41. Person reported guilty of may appeal, 41. Justice of the peace guilty of may be removed from office, 43. Barrister, &c., guilty of to be reported to Inn of Court, &c., 43. Provisions with regard to licensed j^erson on conviction of, 44, 45. Penalty for, 54. Persons charged with may be found guilty of illegal practice, 64. CORRUPT TREATING : What is, 5. 112 IXDEX. CORRUPT TREATING— co/!fi«ue(Z. Judicial test as to, 6. Justice Vaughan Williams on, 6. „ "Wills on, 6. CORRUPT WITHDRAWAL. (See Illegal Payment, &c.) CREDITORS : Saving rights for, in certain events, 20. DECLARATION : By agent to accompany return of expenses, 35. ,, candidate to accompany return of expenses, 35. Punishment for making false, 36. Excuse for non-compliaiace viith directions as to, 37 — 40. Various forms of, 92 — 97. DEPUTIES. (See Sub-Agents.) DIRECTOR OP PUBLIC PROSECUTIONS: Notice of appeal by voter from decision of election commissioners to be given to, 42. To report case of justice of the peace guilty of corrupt practice to Lord High Chancellor, 43. To report case of barrister, &c., guilty of corrupt practice to Inn of Court, &c., 45. Copies of affidavits on election petition to be delivered to, 51. To attend or be represented at trial of election petition, 53. Costs of, on trial of election petition, 53. Duties of, on trial of petition, 53. Who may represent, 56. Costs of, by whom paid, 56. To make inquiries and institute prosecutions with respect to illegal practices, 58. To act in accordance with regulations of Prosecution of Offenders Act, 1879. Costs of, how paid, 67. DISQUALIFICATION OF PERSON for illegal practice, 41. . ELECTION : Definition of, 73. ELECTION AGENT. (See also Sub-Agents.) Knowingly exceeding maximum expense guilty of illegal practice, 12. Issuing bill, &c., not bearing name of printer and publisher, guilty of illegal practice, 19. INDEX. 11;; ELECTION AGEl>iT— continued. Candidate may name himself as, 25. General provisions as to, 25. Nomination of, 25. Name and address of to be given to returning officer, 25. One only appointed for each candidate, 25. Appointment of may be revoked, 25. May appoint deputies, 26, 86. Contracts made through, 28. Duties, Justice Cave on, 28. Expenses paid through, 29. Vouchers required for payments made bj^, 30. Period within vehich claims against must be sent in, 30. Period within which claims against must be paid, 30. Eemuneration of, 33. Directions as to making return to returning ofHcer, 34 — 37. Declaration by as to expenses, 35. Making payment after specified time has elapsed, guilty of illegal practice, 36. Punishment for making false declaration, 36. Not making specified retui-n, guilty of illegal practice, 36. Fine for non-compliance with order of court as to election expenses, 39. If paid may not vote, 87. Form of declaration as to election expenses, 93, 94. ELECTION COMMISSIONERS : Appointment of, 15. To give hearing before person reported guilty, 41. Appeal by voter from decision of to court of oyer and terminer, 42. To report case of justice of the peace guilty of corrupt practice to Director of Public Prosecutions, 45. No powers to make inquiries respecting corrupt practices com- mitted before passing of this Act, 61. Report of to be submitted to Attorney-General, 70. Definition of, 73. ELECTION COMMISSIONERS ACT, 1852 : Inquiry under, where corrupt practices are said to have prevailed, 15. Extension to illegal practices, 15. Expenses of commissioners charged on borough or county fund, 16. I 114 INDEX. ELECTION COURT : Report of exonerating candidate, 22, 23. May order trial of election petition before court of summary juris- diction, 54. Power of to order costs of election petition to be paid by county, &c., 56, 57. Costs under order of, liow recovered, 08. Definition of, 73. ELECTION EXPENSES : Form of return of, §4 — 96. ELECTION PETITION : Proceedings on, 48 — 58. Time for presentation of jjetition alleging illegal practice, 48 — 50. Withdrawal of, 50, 51. Continuance of trial of, 52. Director of Public Prosecutions to attend or be represented at, 53. Duties of Director of Public Prosecutions at, 53. Rules and regulations of Supreme Court to apply to costs of, 58. Definition of, 73. ELECTOR : Disqualification of, 41. Definition of, 74. ENACTMENTS REPEALED : List of, 104-107. ENTERTAINMENT. {See Corrupt Trkating.) EXCUSE. {See Authorised Excuse.) EXPENSES. {See also Election Expenses.) Certain expenditure illegal practice, 10. In excess of maximum illegal, 11. Must be paid within certain time, 30, 31. Limit of candidate's personal, 32. Candidate to send statement of personal expenses to agent, 33. Returning officers', 34. INDEX. ll;') . EXPENSES— co7!fuu/ed in his absence, and taking no part in election, 96, 97. FINE : For person committing corrupt practice other than personation, 9. On conviction of illegal practice, 13. For person other than candidate or agent issuing bill, &v., not bearing name of printer and publisher, 19. On conviction of illegal practice, 21. For candidate sitting in Parliament when return of expenses not made within specified time, 36. For agent or sub-agent not comj)lying with order of court as to return of election expenses, 39. On conviction before election court of corrupt practice, &c., 54. FORM OF DECLARATION : By candidate as to expenses, 92 — 93. By election agent as to expenses, 93 — 94. Of return of election expenses, 94 — 96. Where candidate nominated or declared in absence, and taking no part in election, 96 — 97. HALIFAX ELECTION PETITION, reference to, 50. 116 INDEX. HAWKINS, Justice, on candidature, 73. HEXHAM ELECTION PETITION, references to, 6, 24, 26, 69. HIGH COURT : Power of, to except innocent act from being illegal practice, 23. Power of, to allow payment of disputed claim, 31. May make order allowing authorised excuse, 37 — 40. Power of, to remove incapacity, 59. Appeal to from Court of Summary Jurisdiction, 65. Jurisdiction of, by whom exercised, 66. Definition of, 74. *' ILLEGAL EMPLOYMENT. (See Illegal Payment, Ac.) ILLEGAL HIRING. (See Illegal Payment, &c.) ILLEGAL PAYMENT, EMPLOYMENT, AND HIRING: Knowingly providing money for payment contrary to provisions of Act, 16. Penalty for, 16. Use of prohibited carriage or animal for convej^ance of elector to or from poll, illegal hiring, 17. Withdrawing, or inducing candidate to withdraw on promise of payment, illegal payment, 17. Payment for bands of music, &c., to be illegal payment, 18. Certain employment during election illegal, 18. Use of committee rooms in certain premises illegal hiring, 20. Fine on conviction of, 21. Excuse and exceptions, 21. Disqualification of voter for, 41. Provisions on prosecution for, 65. ILLEGAL PRACTICES: Certain expenditure illegal practice, 10. Expense in excess of maximum illegal practice, 11. Payment for hire of horses or carriages, for railway f;ir(>s, or to elector for use of premises for advertising purposes, or com- mittee rooms in excess of authorised number, illegal, 10, 11. Voting by prohibited persons, 12. Publishinsr false statement as to withdrawal of candidate, 12, 117 ILLEGAL PRACTICES— co7iim(ie(Z. Candidate or election agent knowingly exceeding maxiiiiuin expense, guilty of, 12. Fine for, 13. Person convicted of, incapacitated from voting at election hold within the county or borough during a period of five years, 13. Report of election court as to, 13, It. Extension of Election Commissioners Act, 1852, to, 15. Person guilty of who lends or employs for conveyance of electors to poll any horse or carriage usually kept for hire, 16. Candidate or election agent issuing anj' bill, &c., not bearing name of printer and publisher, guilty of, 19. Penalty on conviction, 19. Power of High Court and election court to except innocent act from being, 23. Claim made against and paid by election agent after specified time has elapsed, 30. Candidate or agent guilty of, if return of expenses not made, 3f3. Disqualification of voter for, 41. Person reported guilty of may appeal, 42. Fine on conviction of by election court, 54. Director of Public Prosecutions may institute inquiries, etc., with regard to, 58. INTIMIDATION : Lord Br.\mwell on, 7. IRELAND : Application of Act to, 83—85. JOINT CANDIDATES : Provisions with regard to, 90, 91. JUSTICE OF THE PEACE reported guilty of corrupt practice may be removed from office, 43. LEGAL PROCEEDINGS. (See aho Trial.) Tiine within which they must be coniinenced, ()3. LICENSED PERSON : Provisions with regard to on conviction of corrupt practice, &c., 44, 45. Penalty on conviction of bribery, 44. LICENSED PREMISES, &c. : Use of committee room in, illegal hiring, 20. 118 INDEX. LOCAL AUTHOEITY : Power of to divide county iuto polling stations, 59. When power may be exercised, 59. Who constitute, 60. Expenses incurred by, how defrayed, 61. LORD HIGH CHANCELLOR : May refer appeals to election judges, 42. Justice of peace guilty of corrupt practice to be reported to, 43. Power of to cancel appointment of justice of the peace convicted of corrupt practice, 43. MEATH (NORTH AND SOUTH) ELECTION PETITIONS: Refer- ence to, 7. MEETINGS : In political clubs, 21. MISCELLANEOUS EXPENSES : Maximum for, 89. MONTGOMERY ELECTION PETITION : Reference to, 7. NORTH DURHAM ELECTION PETITION : Reference to, 7. NOTICE : On applying for relief, 22. To be given to person of hearing, 41. How given or served, 71. PARLIAMENTARY ELECTIONS ACT, 1868: Various sections of to apply to this Act, 8, 13, 14, 15, 42, 48, 49, 58, 73, PARLIAMENTARY REGISTRATION ACT, 1843: Application of to registration officer guilty of misfeasance, 70. PAYMENT : Persons employed for, number of, 86, 87. PENALTY. (See also Fine.s.) For corrupt practice, 9. Illegal practice, 13. 119 FE'mALTY— continued. Illegal payment, 16. For corrupt practice on prosecution before election court, 54-. PERSONAL EXPENSES. (See aiso Expenses.) Cave, Justice, on, 32. Statement of to be sent to agent by candidate, 33. PERSONATION : Punishment for, 8. Definition of, 102. POLLING AGENT. (See Agent, &c.) Definition of, 74. POLLING DISTRICTS: County to be divided into, 59. Polling place to be assigned to each district, 59. Number of electors in, 59. Local authority to divide county into, 59. POLLING STATIONS: Distance from elector's residence to, 59, 60. Local authority to assign, 59. By whom fixed, 59. PROSECUTION: Costs of, how paid, 67, 68. PUBLIC NOTICE. (See Notice.) PUNISHMENT : Of candidate personally guilty of corrupt practice, 8. Of candidate guilty by agent of corrupt ])ractice, 8. Of person aiding, 9. Of candidate or agent making false declaration, 36. REGISTER OF ELECTORS : List of persons disqualified for voting through corrupt practice to be kept in, 46. Corrupt and illegal practices list to be appended to, 48. Definition of, 74. 120 INDEX. HEGISTRATION OFFICER : Agent's name and address to be given to, 25. To give public notice of name and address of election agent, 25. . To keep list of persons disqualified for voting through corrupt practices, &c., 46. To send list to overseers of parish, 47. Guilty of wilful misfeasance, apjilication of Parliamentary Regis- tration Act, 1843, to, 70. Definition of, 74. RELIEF : Not given to printer who neglects to put his name on bills, &c., 19. Where and when to be applied for, 22. Cave, Justice, on, 24. Williams, Justice Vaughan, on, 24. RETURN OF EXPENSES. (See also Expenses.) Period within which return must be made, 34. Contents of return, 34, 35. Returning officer to furnish copies of, 40. RETURNING OFFICERS : Charges of. Justice Cave on, 29. Account of charges claimed by to be sent to agent, 34. Candidate or agent to make return of expenses to, 34. Time within which agent to make retui'n to, 34. Publication of return by, 40. To keep return, &c., open for inspection, 40. To supply copies of returns, 40. Breach of duty by, 70. Notices by, how given, 71. REVISING BARRISTER: To determine claims for and objections against names of dis- qualified persons appearing in overseers' lists, 47. May insert in overseers' list name of person not already included, 48. ROCHESTER ELECTION PETITION : References to, 6, 23, 25, 73, 76. INDEX. 121 SCOTLAND : Application of Act to, 78—82. SPIRITUAL INFLUENCE, UNDUE: Justice Andrews ou, 7. STEPNEY PETITION : References to, 12, 28, 87. SUB-AGENT : Nomination of deputy election agent as, 2G. May be appointed for each jiolling district in county, 2(5. Cave, Justice, on, 26. General provisions as to, 26, 27. Office of, 27. If paid may not vote, 87. SUMMARY JURISDICTION ACTS : Application of to prosecutions under this Act, 65. TERMS : Interpretation of, 73—77. TREATING. (See also Corrupt Treating.) What is, 5. Notice to landlord in respect of a licensed house, 20. Of election petition, 52 — 58. TRIAL : Director of Public Prosecutions to attend or be represented at, 53. In Central Criminal Court at instance of Attorney-General, 62. UNDUE INFLUENCE : What is, 7. VOTERS : Disqualification of for illegal ])ractice, &c., 41. To bo heard by commissioners before being reported to election court, 41. Appeal by, to court of oyer and terminer, from decision of Com- missioners, 42. To give notice of appeal to Director of Public Prosecutions, 42. Disqualified through corrupt practice may object to name appearing in overseers' list, 47. 122 INDEX. VOTEHS— continued. May have incapacity removed on appeal to High Court, 58. Provisions with regard to voters resident in certain disti'icts, 60. Distance of residence from polling station, 61. Conveyance of by sea, 61. VOTING : By prohibited person illegal, 12. WALSALL ELECTION PETITION : Eeferences to, 18, 73. WILLIAMS, Justice .VAUGHAN : On corrupt treating at Rochester, 6. WITHDRAWAL OF CANDIDATE : False statement as to, illegal practice, 12. In consideration of payment, 17. WITNESS : Husband or wife of person prosecuted may be examined as, 65. Obligation of, to answer questions, 68. Certificate of indemnity to, 68, 69, WORKS ON COMPANY LAW AND PRACTICE, &c. PUBLISHED BY 120 CHANCERY LANE, LONDON, W.C. Sixteenth Edition, Price 3s. 6d. vet; Inj Po.^t 3.s. 9d. A Handy Book on the Formation, Management, and Winding Up of Joint Stock Companies. By WILLIAM JORDAN, Registra- tion and Piu-liiiiuentai-y Agenit, and F. 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