w THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE COKRUPT AND ILLEGAL PRACTICES PREYEOTIOI ACT, 188-3. [46 & 47 Vict. c. SI.] AN INTEODUCTION AND NOTES DECISIONS UN ERNEST A. JE OF NEW COLLEGE, OXFORD, AND A BAREISTER-AT-LAW OF THE HONOUBABLE SOCIETY OF THE INXER TEMPLE. .. l^ d. *' Nemo coronahitur qui non legitime certaverit." LONDON: SWEET AND MAXWELL, LIMITED, 3, CHANCEEY LANE. DUBLIN : HODGES, FIGGIS & Co. Ld. and E. PONSONBY. EDINBURGH : W. GREEN & SONS. ^atp Publisher© anb *5ook£feUers. 1894 LONDON : PBI.NTED BY C. F. EOWORTU, GREAT NEW 8TKEET, FETTER lANE, B.C. 7K) PREFACE. ^S^^ The favourable reception which was given to my Paper in the Laiv Times — here reprinted, by kind CO uj permission of the Proprietors, as an introductory ^ Chapter — has led me to attempt the present edition g of the Act. It would be difficult to exaggerate the importance to Candidates and their Election Agents o %' of some knowledge not only of the Statute Law on ^ these matters, but also of the now considerable body y of judicial decisions thereunder. These will be found CD here fully noted up to the present date ; and I have cp added an excursus on the peculiar "Parliamentary 2 Common Law of Agenci/,^' in which I have collected •a; "^ all the Leading Cases on that most difficult subject. The attention of legislators is especially directed to pages 23 to 26, in the hope that the much-needed reform there adverted to Avill receive their early consideration. EENEST A. JELF. 9, Kr^G's Bench Walk. Aj)rn,_ 1894. 411866 CONTENTS. PAGE PeefacE - - - - - - -iii Table of Cases - - - - - - xi Table of Statutes - - - - - xv INTEODUCTION COKRUPT AND ILLEGAL PEACTICES PEEYEN- TION ACT, 1883 (46 & 47 YiCT. c. 51) - - 27 Corrupt Practices. SECT. 1. What is treating - - - - - 27 2. Wliat is undue influence - - - - - 30 3. What is corrupt practice - - - - 32 4. Punisliment of candidate found, on election petition, guilty personally of corrupt practices - - - 33 5. Punislunent of candidate found, on election petition, guilty by agents of coiTupt practices - - 34 6. Punishment of person convicted on indictment of corrupt practices - - - - - 34 Illegal Practices. 7. Certain expenditure to be illegal practice - - 36 8. Expense in excess of maximum to be illegal practice 37 VI CONTENTS. SECT. PAGE 9. Voting by proliibited persons and publishing of false statements of witbdrawal to be illegal - - 38 10. Punishment on conviction of illegal practice - - 39 11. Report of election court respecting illegal practice, and punishment of candidate found guilty by such report - - - - - - 39 12. Extension of 15 & 16 Vict. c. 57, respecting election commissioners to illegal practices - - - 41 Illegal Payment, Employment, and Hiring. 13. Providing of money for illegal jDractice or payment to be illegal liayment • - - - - 42 14. Employment of hackney carriages, or of carriages and horses kept for hire - - • - ■ - 42 15. Corrupt withdrawal from a candidature - - - 44 1{). Certain expenditure to be illegal payment - - 44 17. Certain 'emplojTuent to be illegal - - - 46 18. Name and address of printer on placards - - • 47. 19. Saving for creditors - - - - - 48 20. Use of committee room in house for sale of intoxicat- ing liquor or refreshment, or in elementary school, to be illegal hiiing - - - - 48 21. Punishment of illegal payment, employment, or hii'ing - - - - - --49 Excuse and Exception for Corrupt or Illegal Practice or Illegal Payment, Employment, or Hiring. 22. Eeport exonerating candidate in certain cases of corrujit and illegal practice by agents - - 50 23. Power of High Coiirt and election court to except innocent act from being illegal practice, &c. - 51 Election Expenses. 24. Nomination of election agent - - - 54 25. Nomination of deputy election agent as sub-agent - . 55 20. Office of election agent and sub-agent - - 56 27. Making of contracts through election agent - - 57 28. Payment of expenses through election agent- - 58 CONTENTS. ni 8KCT. PAQE 29. Period for sending in claims and making payments for election expenses - - - - 60 30. Beference to taxation of claim against candidates - 62 31. Personal expenses of candidate and petty expenses - 62 32. Eemuneration of election agent and returning oflBcer's expenses - - - - - - 63 33. Eeturn and declaration respecting- election expenses - 64 34. Authorized excuse for non-compliance •with, provi- sions as to return and declaration respecting elec- tion expenses - - - - - 68 35. Publication of summary of return of election expenses 71 Disqualification of Electors. 36. Prohibition of persons guilty of corrupt or illegal practices, &c., from voting - - - 72 37. Prohibition of disqualified persons from voting - - 73 38. Hearing of person before he is reported guilty of corrupt or illegal practice, and incaj)acity of person reported guilty - - - - - 73 39. List in register of voters of persons incapacitated for voting by corrupt or illegal practices - - - 79 Proceedings on Election Petition. 40. Time for presentation of election petitions alleging illegal practice - - - - - 82 41. "Withdrawal of election petition - - - - 84 42. Continuation of trial of election petition - - 86 43. Attendance of Director of public prosecutions on trial of election petition, and prosecution by him of offenders - - - - --87 44. Power to election court to order payment by county or borough or individual of costs of election peti- tion 92 Miscellaneous. 45. Inquiry by Director of pubHc prosecutions into alleged corrupt or illegal practices - - - 96 46. Eemoval of incapacity on proof that it was procured by perjury - - - - - 96 YUl CONTENTS. SECT, PAQB 47. Amendment of law as to polling districts and poUing places - - - - - - 97 48. Conveyance of voters by sea in certain cases - - 99 49. Election commissioners not to inquire into elections before the passing of this Act - - - 99 Legal Proceedings. 50. Trial in Central Criminal Court of indictment for corrupt practice at instance of Attorney- General - 100 51. Limitation of time for prosecution of offence - - 100 52. Persons charged with corrupt practice may be found guilty of illegal practice - - - - 101 53. Application of enactments of 17 & 18 Vict. c. 102, and 26 & 27 Vict. c. 29, relating to prosecutions for bribery - - - - - - 102 54. Prosecution on summary conviction, and appeal to quarter sessions ----- 103 55. Application of Summary Jurisdiction and Indictable Offences Acts to proceedings before election courts 103 56. Exercise of jurisdiction of High Court, and making of rules of court ----- 104 57. Director of public prosecutions, and expenses of prosecutions - - - - - 105 58. Eecovery of costs payable by county or borough or by person - - - - - - 106 Supplemental Provisions, Definitions, Savings, and Repeal. 59. Obligation of witness to answer, and certificate of indemnity ------ 107 60. Submission of report of election court or commis- sioners to Attorney-General - - _ 109 61. Breach of duty by officer - - - - 109 62. Publication and service of notices - - - 110 63. Definition of candidate, and saving for persons nomi- nated without consent - - - - 1 1 1 64. General interpretation of terms - - - - 113 65. Short titles - - - - - - 117 66. Eepcal of Acts - - - - - - 117 67. Commencement of Act - - - - 118 CONTENTS. IX Application of Act to Scotland. SECT. PAQB 68. Application of Act to Scotland - - - 118 Application of Act to Ireland. 69. Application of Act to Ireland - - - - 123 Continvxince. 70. Continuance ------ 125 Schedules - - - - - - 126 NOTE ON THE PAELIAMENTAEY LAW AS TO AGENCY 151 INDEX - . - 167 ( ^ ) CASES CITED, (a) ♦ PAGB Andrews v. Barnes 96 Aylesbury case 28, 112, 153 Ayrton, Ex parte 53 Barnstaple case.... 152, 155 Barrow-in-Furness case •. 37, 46, 47, 54, 129 Belfast case 142 Belfast case. West 33, 88 Beverley case ' 29, 144 Bewdley case 154, 156, 160, 164 Blackburn case 152, 160, 161 Bodmin case 155 Bolton case -, 157 Boston case 153 Bradford case 29 Bridgwater case ; 154 Bristol case 142, 166 Buckrose case 43, 48, 49, 59, 64, 69, 83, 87, 126, 136 Cashel case 156 Cheltenham case 144, 166 Chester case 165 Clare case. East 45 Coventry case 142, 152 Devonport case 91, 95 Dover case , , 142 Dublin case 158 Dungannon case 152 Durham case. North 31, 158 («) For list of statutes repealed by the present Act, see pp. 147-149. XU CASES CITED. PAGE Essex case, S."W 38, 52, 127 Galway case, Borough of, 1869 31 Galway case, County of, 1872 160 Gal way case. Borough of, 1874 162 Greenock case 152, 155 Guildford case 166 Harwich case 157, 166 Hastings case 144, 154 Hereford case 154, 155 Huddersfield case 158 Ipswich case 30, 31, 59, 88, 94 Kennington case 38, 58, 91, 96 King's Lynn case , 162 Knaresborough case , 35 Lambeth case 142 Litchfield case 156 Londonderry case 73, 92, 162 Longford case 31, 163 Mallow case 142, 156, 161, 162 Manchester case. East 37, 43, 50, 95 Mayo case 31 Meath case. North 31, 84 Meath case, South 31 Montgomery Boroughs case 29, 88, 94, 95, 112 Norfolk case. North 152, 155, 163 Norwich case, 1869 • 28, 30, 151, 153, 156 Norwich case, 1871 161 Norwich case, 1886. .29, 62, 63, 58, 89, 69, 70, 92, 94, 99, 111, 137, 160 Oldham case 142, 144 CASES CITED. Xlll TAOE Pease v. ISTorwood 83 Plymouth case 155 Pontefract case 45, 94, 104 Preston case 155 Reg. JJ. Holl 107 Reg. V. Stroulger 32, 34, 101, 102 Rochester case 29, 37, 51, 53, 88, 92, 112, 164 Rye case 142 Salfordcase 162, 163 Salisbury case, 1880 157, 162 Salisbury case, 1883 157 Shrewsbury case 157 Sligo case 153 Stafford case 31, 162 Staleybridge case 154, 155, 159, 162 Stepney case, 1886. .32,'44, 47, 52, 69, 73, 88, 111, 127, 128, 135, 146 Stepney case, 1892 45, 46, 62, 63, 54, 94 Stroud case 154, 158 Tamworthcase 152, 161, 162 Taunton case 144, 152, 154 Tewkesbury case 154, 157, 159 Thorubury case 31 Wakefield case 152, 154, 158, 16'4 Walsall case 45, 52, 89, 92, 165 Waterford case ' 161, 163 Westbury case 152, 155, 156, 157, 165 Westminster case 153, 154, 156, 159, 165 Wigan case, 1869 144, 153, 154 Wigan case, 1881 152, 156 Windsor case 159, 162 Worcester case 165 ( ^v ) STATUTES CITED, (a) — ^ — • PAGE 7 & 8 Will. 3, c. 25 38 2 Geo. 2, c. 25 67 '6 & 7 Vict. c. 18 79, 98,109, 114, 123 11 & 12 Vict. c. 42 104 11 & 12 Vict. 0.43 103 14 & 15 Vict. c. 93 123 15 & 16 Vict. c. 57 41, 113. 17 & 18 Vict. 0. 102 12, 27, 28, 30, 32, 102 20 & 21 Vict. c. 3 67 20 & 21 Vict. c. 43 103 24 & 25 Vict. c. 83 122 26 & 27 Vict. c. 29 102, 107 27 & 28 Vict. c. 53 119 30 & 31 Vict. 0. 35 104 30 &31 Vict. c. 101 121 30 &31 Vict. 0. 102 38, 97 31 & 32 Vict. c. 125 ... .4, 24, 33, 39, 40, 41, 75, 82, 84, 94, 113, 166 32 & 33 Vict. c. 21 106 32 & 33 Vict. c. 27 78 33 & 34 Vict. c. 75 115 34 & 35 Vict. 0. 61 ; 106 35 & 36 Vict. c. 33 32, 38, 48, 55, 98, 109, 110, 111, 114 35 & 36 Vict. c. 60 73, 125 35 & 36 Vict. c. 62 121 35 & 36 Vict. 0. 94 '. 77, 78, 125 36 & 37 Vict. c. 66 113 37 & 38 Vict. 0. 49 77 37 & 38 Vict. c. 69 125 38 & 39 Vict. c. 55 115 39 & 40 Vict. c. 26 121 (a) For list of statutes repealed by the present Act, see pp. 147-149. XVI STATUTES CITED. PAGE 39 & 40 Vict. c. 59 105 41 & 42 Vict. c. 33 77 42 & 43 Vict. c. 22 96, 105 42 & 43 Vict. c. 49 103, 113 42 & 43 Vict. 0. 75 105, 113 44 & 45 Vict. c. 33 119 44 & 45 Vict. c. 62 77 44 & 45 Vict. c. 68 105 45 & 46 Vict. c. 25 123 45 &46 Vict. C..34 78 45 & 46 Vict. c. 50 73, 79 47 & 48 Vict. c. 70 73 51 & 52 Vict. c. 43 61 51 & 52 Vict. c. 65 77 54 & 55 Vict. 0. 69 67 • THE CORMPT AND ILLEGAL PRACTICES PRETENTION ACT, 1883. INTEODUCTORY CHAPTER. THE ACT AS ILLUSTRATEB JBY THE LAST TEAM'S ELECTION PETITIONS. In the summer months of 1883 the important Bill which is connected with the name of Sir Henry James (the then Attorney- General) was debated at some length in the Houses of Parliament. It was agreed on all hands that some provision to secure a higher degree of purity at Par- liamentary elections was greatly needed : hut the remedy proposed was thought by many to be severer than was needful, and likely in practice to fall hardly on the most innocent of candidates. " You are now proposing," said one opponent of the Bill (Hans., vol. cclxxix., p. 1653). " to pass a most cruel law — not for the criminal classes, but for men who wish to fight an election fairly. Under this Bill an honest man will be afraid to stand, while the dishonest man will triumph." And the same thing was reiterated in various ways through weary weeks of long deliberation. V 2 Cork, and III. Pract. Pre v. Act, 1883. At last, on August 23, 1883, the Bill became law, and from that date those who are interested in the preventing of corruption at elections began to look closely and anxiously, to see what results the new law would bring about. For some while' the chief result wa^ mere per- plexity : election petitions were rare : defeated candidates hesitated to make trial of the newly-made machinery, whereby alone lost honours were to be regained and grievances against rivals in polities redressed. The Act was not understood : and men woidd not play a game of which they did not know the rules. But gradually this state of things passed away. Experiments were made, and made successfully ; and others were encouraged to try their fortune too. Accordingly, the General Election of 1892 was fruitful in illustrations of the working of this Act — so fruitful that the judges, who have lately retired from the duties of administering this portion of the law, have tried no fewer than a dozen petitions (a) during their year of office in England and in Ireland. In all of these cases the petition set forth offences under the Act of Sir Henry J-ames, though in one case — that of Cirencester — these were abandoned before trial, and the j)etitioner relied on other grounds for his attack. The decisions of the remaining eleven cases all depended on this Act, and almost every part of it was touched by one or other of them ; so that now, for the first time, it is really possible to form some judgment of the utility of the . {a) See I'otui'n to an order of tho House of Commons, dated Fel)ruary 2, 1893, giving copy shorthand-writers' judgments in the controverted elections, and further return to order of same date. (Pailiamcntary Papers, 25 and 20(1).) Introductory Chapter. 3 macliinery wliich Wcas introduced in 1883. These eleven cases were those of Hexham, East Clare, the two divisions of Meath, the Montgomery Boroughs, Walsall, Worcester, Rochester, Stej^ney, East Manchester, and Pontefraet. In six cases the petition was successful : in one the judges differed, whereby the sitting member kept his seat : in one they found illegal practice, but condoned it under their special powers : in the other "three they found for the respondents on the facts. What, then, shall we say on looking at these cases ? Is it a severe and cruel law calculated " to make an honest man afraid to stand " ? Another general election may be near at hand, and the question is, therefore, of the gravest consequence. The election law of England, now brought to its highest perfection by Sir Henry James's "Act, is undoubtedly most stringent, and here and there an honest man may feel the sting of it for all his honesty. But the policy of the law requires a diligence, a cii-cumspeetion, a something more than honesty in those who ' deal with matters so important to the public weal. If a common carrier must sometimes |)ay for the loss of goods which he for his part did his best to carry with all safety : and a seller of food and drugs be criminally responsible for the adulteration of articles which he at least did not by will or deed adulterate (and this because of the importance to the public of its being able to utterly rely oh those who carry on these businesses), is there not something to be said for binding a Parliamentary candidate with bonds at least as tight ? The principle which gives the law its real severity, and which is said to make it formidable even to an innocent candidate, is a principle altogether independent of the Act b2 4 CoRR. AND III. Pract, Pre v. Act, 1888. of 1883 — the principle by wliich the Court determines who are the agents of the candidate. But for this, all that part of the Act which deals with corrupt practices would, of course, be without terrors to the innocent candidate. What would such an one have to fear from a punishment which could only fall on "any person who corruj)tly " does this or that, "for the purpose of corruptly influ- encing" and so forth, were it not for the added words . which make the section read " who corruptly by himself or any other person " does these things ? " The doctrine of agency," said an oppon'ent of the Bill before it became law, " has been pushed to its extreme limits. If the candidate is speaking to anyone, it almost makes the man his agent." This principle has long obtained in election petitions. It was upon this principle that the committees of the House acted in deciding such questions — those committees whose principles, practice, and rules in the matter are still to be observed by the express words of statute 31 & 32 Vict. c. 125, s. 6. Sir Henry James's law, therefore, introduced no new 'oppression in this respect. It has not invented the liability ; but the liability has assumed a more serious aspect in view of some of the provisions of the Act. The offence of " corrupt treating " under the Act is the chief cause of this. There is no small portion of the inhabitants of our islands whose lives are largely made up of treating and being treated. Fortunate, indeed, is the candidate who numbers no such persons among his agents. The election petitions of 1892-3 have been fruitful in illustrations of this danger. To quote Mr. Justice Wills : " There is inherent in a great many people, with whom we have had to deal in this inquiry, the habit of giving and accepting drinks ; it is as Introductory Chapter. 5 natural for them to treat and be treated, as it is to have their breakfast or their dinner, or anything else that forms part of their daily life ; and to suppose that sucli habits would be dropped at election time is preposterous." Not a few seats were lost or imperilled by the fact that the candidate had agents among this class of men. And, although it would be an exaggeration to say that " speak- ing to a man " would make him your agent, yet, in a crisis when a man must make all the honest friends he can, and accept all the help that is offered him in good faith, it is difficult not to find some of these would-be friends among the class to whom Mr. Justice Wills refers. And then those habits, which it would be so preposterous to expect them to di'op at election time, prevail once too often ; and by imperceptible degrees the offence of '' corrupt treating " is approached. For it is no more possible for these people in practice to separate the questions, which ought to be so completely distinct. — " How are you going to vote ? " and " What are you going to drink ? " — than for a local cricket club to play together unless it may dine together too. . How is the candidate to fight an election without some agents of this class ? For it may oftentimes include the chief proportion of the constituency. But then, on the other hand, how, but by some such enactment as this, could a monstrous abuse have been done away ? At a general election like the last one, political opinions were very near to being equally divided. And could anything be more disgraceful than that " glasses round " in public-houses throughout the country should decide the tenible issues which lie before us now ? Yet there are men to whom these grave matters are of less moment than a glass of gin in a time of thirstiness ; and 6 Cork, and III. Pract. Prev. Act, 1883. the " poor voter," wliom the late Mr. "Whittier imagined proudly exclaiming on the polling-day, " The -wide world has not wealth to buy The power in my right hand," is a very different man from some of the real-life " poor voters " at Hexham, Montgomery, or Eochester. It must, therefore, be acknowledged that the author of the Act had a very difficult problem before him — to pro- tect the purity of elections on the one hand, and on the other to avoid punishing candidates, who have done their very best in the cause of such purity, for things which were utterly beyond their control. But this problem was dealt with in a masterly manner. The most brilliant idea of the Act is that of sect. 22, enabling the Court to exonerate an innocent candidate, in certain cases, from the consequences of disobedience to what the Act prescribes, when the candi- date himself and his election agent have done nothing against the law themselves, when they have taken all reasonable means to prevent offences, when the offences are trivial, unimportant, and limited, and when the elec- tion is otherwise pure. The notion of this proviso seems to have originated in a suggestion made by the late Lord Pramwell (Hans., vol. cclxxix. p. 1691), when examined by a Royal Commission on this subject. Mr. Justice Vaughan Williams took pains to make it clear that the judges' administration of the Act does not operate hardly upon candidates. " It is of all things essential," said he, " 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. If it were felt that it wore so, one would find that honest citizens, Introductoky Chapter. 7 who respected themselves, would decline to stand for Par- liament at all. No one, with proper self-respect, would submit himself to the chance of being unseated after lie had been elected, bj reason of matters for which he was in no way responsible." The member for Rochester was un- seated, because he failed to prove that" he and his election agent took all reasonable means for preventing the com- mission of corrupt and illegal practices at the election. It is here to be noticed that the candidate is responsible for the doings of his election agent equally with his own. This is only common sense : for it is he who really conducts the business of the candidature : the candidate has trusted all to him, and to excuse his defaults would be beyond the scope of reasonable clemency. In every case which he tried, Mr. Justice Vaughan Williams had a good word for the Act with regard to its bearing on an innocent candi- date. " I do not believe," he said in the Stepney case, " that these Acts, when properly construed, contain any pitfall or trap whatsoever for any candidate who determines to conduct his candidature honestly and carefully." So again at Hexham he would not have it said that the ques- tion of guilt or innocence upon a charge of " corrupt treating" could be a question -of law. "It is not a ques- tion of law," he said : " it is a question of fact. Let the candidate feel that, if he personally carefully avoids corrup- tion, and carefully chooses his agents, and carrfilly super- vises their conduct on his behalf, he will not be stigmatised as a party to an impure election, or suffer the consequences of the misconduct of others." The inference from this is that, if parties innocent of wilful corruption are ever punished, it is for their carelessness. For carelessness in things so important is most reprehensible : it is, in its own 8 CoRR. AND III. Pract. Prev. Act, 1883. degree, analogous to the carelessness that causes another's death, and that is the felony of manslaughter. There is one thing that no section in the Act gives the Coui't any power to condone, however trivial and unim- portant, however much against the wishes of the candidate and his election agent. This thing is actual or attempted (17 & 18 Yict. c. 102, s. 2) bribery. The reason of the distinction is obvious : the giving and receiving of money is much more significant than that of food or drink. The habit of giving and accepting money, without the passing of money's worth, is not inherent in the nature of humanity ; this is not as natural as breakfast or dinner in any class ; and if this is done in a place where canvassing is going on, it is in itself suspicious. Prove this to have been done by an agent of the candidate, prove its corrupt motive, and how could it be excused ? But the danger to a candidate of an agent doing this unpardonable thing must be remem- bered, as against the picture of security enjoyed under this Act by an innocent candidate which Mr. Justice Yaughan Williams draws. For see what happened at Pontefract. There an agent of the candidate, utterly without the candidate's know- ledge, paid a voter certain moneys for attending to vote. (It was left an open question whether this was bribery pure and simple or an illegal payment of a railway fare, which would fall under a later section of the Act.) Sir Henry Hawkins said : " One cannot help it : one must deal with the facts as one feels they ought to be dealt with, and, much as I regret it, I am bound to come to the conclusion that the member must lose his seat. He owes his disagree- able position entirely to the corrupt act of a person who, unfortunately, had been constituted his legal agent. No Introductory Chapter. 9 imputation of any sort or kind rests upon him." And Mr. Justice Cave said that he "to some extent shared the regret expressed by his brother." There was- another case in wliich the sitting member came perilously near to losing his seat by reason of bribery, of which he knew nothing, on the part of a person unfor- tunately his legal agent. The vice-chairman of one of the election committees, which the respondent member for the Montgomery boroughs had made his own, was said, during a bout of heavy drinking, to have tendered first one 6(i and then another 6d. to a voter, and, at the same time, to have asked the man for his vote. Mr. Justice Wills thought that these facts were proved ; and indeed, so far, Mr. Baron Pollock seems to have agreed with him. " Such a vice- chairman," argued petitioner's counsel, " must be an agent : an agent has bribed: the seat is lost." " Not so," it was contended on the other side ; " there can be no corruj^t motive when there is no corrupt mind, and no corrupt mind when there is no mind at all. Therefore, although this man may have been an agent, he did not commit any corrupt practice. If the candidate himself had done the same thing, in the same condition, it would not have been corrupt." Mr. Baron Pollock, the senior member of the Court, did not quite take either of those views. But he put it in this way. It was proved that this vice-chairman was at normal times an honest and respectable man, trusted in business matters by persons of all classes around him. The election agent had sworn he knew nothing of his habits of intemperance ; it was impossible to hold that this man had been made an agent for bribery ; if the candidate and his election agent had known of his frailty, this very knowledge would have prevented them from selecting him 10 CoRR. AND III. Pract. Prev. Act, 1883. to do one of the very nicest acts of criminality that are probably known to mankind. It was not the proper view that this vice-chairman was either furnished with money to bribe, or with liis own money set about bribing others : therefore he found as a fact there was no bribery. Mr. Justice Wills was reluctantly opposed to this " the milder, the more gentle, the more charitable conclusion," and held that the election should be avoided for the corrupt giving of those two sixpences ; but he does not view this as a misfortune falling on the candidate by operation of the law. He " could not help saying that it was a most reprehensible selection of an agent, the consequences of which ought to recoil upon those who have been guilty of such culpable carelessness." Thus in neither judge's view was it right — or the law — that an innocent candidate should suifer. The one said that he should not suffer: the other that he was not, in the true sense, innocent. • It is rare, in fact, for a candidate to lose his seat under tliis Act, by reason of bribery of which he personally is adjudged utterly innocent : yet the judgments at Ponte- fract seem to show that it was so in that case, and, at any rate, it would be too much to say that the Act makes this impossible. The candidate in all innocence might ask his own familiar friend, whom he trusted, to canvass for him, a person of good character and blameless reputation. But the chronicles of breach of trust remind us that character and reputation are occasionally deceptive, insomuch that the most intimate friends and the closest kinsfolk are sometimes duped by the fraudulent trustee ; and, if such an one corruptly gave a single penny to buy a poor man's vote, there is no machinery in the Act to relieve the candi- date from the consequences of his wrong-doing, however Introductory Chapter. 11 trivial. It is, therefore, quite possible for an election to be set aside from circumstances beyond the candidate's con- trol. But the case imagined is a hard one, and it would be impolitic to change the law to meet it. Next, after bribery and treating, the statute deals with "undue influence," which briefly is "the inflicting or threatening of temporal or spiritual injury for the purpose of influencing votes." The most important of the recent cases which depended on this portion of the Act were those decided in co. Meath. " Temporal or spiiitual " injury ! It was with the latter that the court here had most to do. For in this part of the country the real battle was fought by and against the priests. Not that the priests were beyond suspicion of threatening and inflicting even tem- poral injuries in the cause they had at heart. Their black- thorns do figure in the evidence ; but the most important part of these contests referred, of course, to their use of " spiritual " weapons. Here we are on the tlu-eshold of one of the most difficult provinces in all jmisprudeuce. Bentham himself was per- plexed as to the way in which the legislator ought to regard the religious sanction. " The sovereignty," he says (Theory of Legislation, Part lY., chap. 18), " is divided between two magistrates, the spiritual (as he is called) and the tem- poral. The temporal sovereign is in perpetual danger of seeing his authority disputed or snatched away by his rival. We find in history a picture of the effects which result from such a struggle. The temporal magistrate commands such and such an action, tlie spiritual magis- trate forbids it. Whichever side the citizens take, they are punished by the one side or the other — proscribed or damned — they are placed between the fear of the gallows 12 CoRR. AND III. Pract. Prev. Act, 1883. and the dread of hell fire." But this rivalry, as manifested in the evidence given before the election judges in co. Meath, appeared in a very different light to that in which we have seen it oftenest in history. For there we most frequently find that the temporal prince is the usurper, issuing his commands with regard to matters of conscience and faith, where the spiritual authority would more fitly be supreme. In the co. Meath elections, it was the spiritual prince who was the usurper. The parish priest is the sovereign power to whom the Irish peasant looks in matters of religion ; let it be so, but his civil franchise is a very different thing. This must, for the State's sake, be beyond the dictates of hierarchy : in these matters the law of Parliament must be obeyed : these are *' the things that be Csesar's." The law with regard to elections has only gradually recognized this evil. Sir Henry James's Act is the first statute that has attempted to deal with it. The definition of " undue influence " in sect. 5 of stat. 17 & 18 Yict. 0. 102, says nothing about "spiritual" injuries. And it was not until comparatively late years, as Mr. Justice O'Brien points out in his South Meath judgment, that any trace is to be found in the common law of any endeavour to restrain " merely moral agencies " in these respects. The fact is that, so lately as April, 1853, the law was that, where the undue influence was of a spiritual sort, it would not affect the seat. For, a Parliamentary committee of that date, consisting entirely of Protestants, passed two simultaneous resolutions for report to the House (2 Power, Ilodwell and Dew, 201). First, "that the respondents are duly elected knights of the shire to serve in this present Parliament for co. Mayo." Second, " that it appears from Introductory Chapter. 13 evidence given before the committee that there was a great abuse of spiritual influence, on the part of a great body of the Roman Catholic priesthood, during the last election for CO. Mayo." Four years later a second Mayo case (1 Wolferstan and Dew, 1) came before another of these committees. Spiritual intimidation was once more a prominent part of the petitioner's case. It was sworn that one priest, who was present but not called at the hearing, made a speech saying that the candidate, whom he was opposing, had sold his country, his body, and his soul, yet he had now the presumj)tion to come and ask for their support. " But believe me," he added, " the curse of God will follow every man that gives it him." The committee found spiritual intimidation as before ; but this time they avoided the election in consequence, and moreover the priest quoted above was prosecuted for his offence, though his language was nidd compared with that used in 1892 by the priests of co. Meath. The law was still in this unsettled state when the Parlia- mentary Elections Act, 1868, was passed, under which the trial of these petitions was intrusted to a judge of the High Court. Very soon in Ireland the judges had occa- sion to deal with this matter. Mr. Justice Keogh at Galway (1 O'Malley and Hardcastle, 303) in 1869, and Mr. Justice Fitzgerald at Longford (2 Id., 7) in 1875, had to try important cases in which the question was raised. And the law as laid down by them was in substance this : that it is the undoubted right of the clergy to canvass and induce persons to vote in a particular way, but it is not lawful to declare it to be a sin to vote in a different man- ner, nor to threaten to refuse the sacraments to a person for so doing. 14 CoRR. AND III. Pract. Prey. Act, 1883. Thus stood the law when Sir Henry James's Act was passed to clear up any doubt which might remain upon this subject. Mr. Justice Fitzgerald had thought the language of sect. 5 of statute 17 & 18 Yict. c. 102, defining " undue influence," wide enough to embrace almost every case of improper influence, whether by physical intimidation or otherwise. The present definition, however, is undoubtedly an improvement; for undue influence is thereby distinctly defined, so as to include the inflicting or threatening of spiritual injury. One uncertainty remains. How about the holding out of spiritual hope for the purpose of influencing voters ? It is suggested by the judgment in the Longford case, that this also would be " undue influence." That question did not arise for judgment in co. Meath ; and it is still an open matter under the Act of 1883. It is clear that the section does not expressly meet this case ; but it would probably be regarded as within the spirit of the common law. It was, perhaps, because the holding out of heavenly hope seemed less likely to induce the voters of. co. Meath to support the Church's nominee, than were the terrors of its opposite to deter them from supporting his adversary, that the priests in that county preferred the. latter method. The two petitions of 1892 showed that the activity of the priesthood at elections had not diminished since the days of the Parliamentary committees. " The Church," says Mr. Justice O'Brien, " became converted for the time being into a vast political agency, a great moral machine, moving .with the resistless influence of united action and a single way. Every priest who was examined was a canvasser. The canvass waS everywhere, on the altar, in the vestry, in Introductory Chapter. 15 the roads, in the houses. The presence of the priest would be a strong moral influence, and a check upon cowards and traitors ; hut it was an influence undouhtedly attended with distinct danger to the freedom of the voter." " Free- dom of election," says Mr. Justice Andrews, " is at com- mon law essential to the validity of an election. The statute law not only leaves this common law principle intact, but supplements it by stringent enactments." Of the facts there could be no doubt. Spiritual intimi- dation was universal among the priesthood : from the bishop, who sent his pastoral through the two constitu- encies, wherein (so it was found) " the leading idea, that it was a matter of salvation that was in question, was de- veloped with fidelity and distinctness, and governed the whole election " : — from this bishop to the curate, whose language pictured the future punishent of the man who voted for a Parnellite in strong words, terrible to the believing Catholic. " To some," says Mr. Justice Johnson in the Xorth Meath case, " it may be a source of som' satisfaction ; but to . those to whom rehgion is dear, no matter where they worship, it must be a source of sorrow and pain " to find religion degraded in this way. Certainly no election was. more deservedly avoided than were these. An Irish mem- ber, when Sir Henry James's bill was before the House, intreated that the judges in Ireland might have no j mis- diction in, these election matters. " You in England," he said, " may be satisfied with yom' judges : we in Ireland have no confidence in ours " (Hans., vol, cclxxis. p. 1679). But there is no question of ' ■ satisfaction " or " confidence " here. The great mass of the constituency was to blame : and the Queen's judges were wanted in co. Meath to exert 16 CoRR. AND III. Pract. Prev. Act, 1883. the nation's power in securing that freedom of election which the nation had willed should he. Corrupt practices of every sort and kind — alike that of the pulpit and the puhlic-house — under the present law are doomed. Even where there is the inclination to he corrupt, the risk will now be too great. You may win a vote, two votes, three votes: but you will put all your votes in jeopardy. It is a wager that no reasonably prudent man will dare to lay. The right then, it would seem, must triumpli now : the rich man can no longer buy it out. But the authors of Sir Henry James's Act clearly perceived that, to achieve this result, something more is needed than even the entire suj)pression of corrupt practices. For, even where all is honest and above-board, the rich candidate, if unrestrained by law, would still have great advantages. He could pay a higher price for the expenses of his election, for its organisation, and, in the present age most important of all, for its advertisement, A people, which notoriously will buy almost anything be it only advertised enough, will be led by advertisements in the disposal of its franchise, as well as in that of its money : it will do always what seems to be most popular : people will flock to the largest standard, or to that which is made of the most showy stuff. Or, at the least, when opinions are closely divided, these things will turn the scale. Be- sides advertisements, there are many things in which the rich man has the better of his poorer opponent : the attend- ing to registers, the hiring of committee rooms, and (an old vexed question) the bringing of voters to the poll — all these things are expensive. If the true mind of the people is to be shown at the poll, the chances of the candidates must be equalised by some further machinery of the Legis- Introductory Chapter. 17 lature. Hence those many sections of the Act which deal with illegal practices, making positive rules as to how much money may be spent, and on what objects, and by what persons. The mass of these regulations need no dis- cussion ; their meaning is clear ; the only perplexing questions that have arisen in most of these matters have been questions of fact and proof. The principle is a plain and righteous one — to make electioneering as cheap as reasonably possible, so that all sides may have an equal opportunity, and may be judged on their merits alone. There is one section, however, concerning illegal pay- ment, which gave rise to considerable argument. By this section — sect. 16 — "no payment or contract for payment shall, for the purpose of promoting or procuiing the election of a candidate at any election, be made on account of bands of music, torches, flags, banners, cockades, ribbons, or other marks of distinction." On this section raged the hottest of the fight in the Walsall, East Clare, and Stepney petitions. And very nice distinctions arose upon it, the comparison of which is at first sight somewhat startling. At Walsall the sitting member was unseated because his election agent paid for hat cards with the said member's portrait on them, together with words used for the purpose of stimulating the voters on his behalf, and no excuse was allowed. In East Clare the sitting member was a Par- nellite : there the cards invited beholders to remember Parnell and to vote for the Parnellite candidate : these cards were not made for hat cards, but were used as such : these were held (even if paid for by the candidate) not to be "marks of distinction" and not to fall within the 16th section of the Act. At Stepney, streamers paid for by the candidate were hung across the street : these were held to J. c 18 Cork, and III. Pract. Prev. Act, 1883. he *' banners " and " marks of distinction " within the meaning of the section ; but they were excepted from being illegal payments, an exception which the Court has power to make by sect. 23. This last named section gives the Court the second of its condoning powers, exercisable in its discretion ; and greater clemency is thereby allowed in the case of merely illegal payments than can be extended to corrupt practices. What is the object of the provision against payment for " marks of distinction ? " It was suggested in the Stej)ney case that the object was to preclude those kinds of marks of distinction which might lead to a fight (a suggestion which finds some foundation in the judgment of Mr. Baron Pollock at Walsall). " But," said Mr. Justice Cave in his Stej)ney judgment, "I do not think that that was the intention of the Act of 1883, because, if it had been, it seems to me that all colours, all badges, and all banners would have been made illegal, instead of only those which are paid for by the candidate or his election agent. That cannot make the slightest difference, with regard to their provocative effect, if that was the object of the Legislature. It seems to me that .the object was entirely diffet-ent. What was intended to be struck at was the waste of money at elections, which served no useful purpose at all. A maximum was fixed : this, that, and the other mode of spending money was made illegal. Why ? Partly for the purpose of preventing waste of money, and, if it has any other object, it is that of preventing a man from gain- ing a false show of popularity by laying out his money on flags and banners and such like." {b) And tliis probably (/;) Candidates must bo careful aboiit paying even for bills and ]ila('ards, ■wbicli it was suggested in the Htepiiry case may be held to bo within the section. (Cf. 4 O'M. & 11. 181.) Introductory Chapter. 19 may be taken to represent the objects of all those clauses, speaking generally, which deal with illegal practices. The case of "Walsall must be acknowledged to be a hard one ; and it is at first sight very difficult to see why the same relief should not have been given to the respondent there, which was subsequently given in the Stepney case. But it must be remembered that it is of the very essence of those condoning powers that the matter is to be abso- lutely in the discretion of the Court. Now at "Walsall, in the first place, the Court held, as judges of fact, that the conduct of the election agent in buying the fatal hat cards did not arise from " inadvertence or other reasonable cause of a like natiu^e," So they could not excuse it under sect. 23, which makes these circumstances indispensable ; while condonation under sect. 22 was out of the question, because the election agent was himself in fault. In the second place, Sir Henry Hawkins said : " I would add that even if the word ' inadvertence ' could be construed as we were asked to construe it, for myself I should hesitate long before appljang relief, in the exercise of my discre- tion, to a case like the present." Mr. Justice O'Brien in his East Clare judgment said: " The Walsall case is considered to have gone to the extreme verge of the law and of common sense " — which is the general opinion — and he therefore refused " to step across the border into the region of entire and utter absui- dity." It comes to this : the question whether this or that thing is, for this purpose, a " mark of distinction " is a question of fact, which can only be decided in reference to the particular circumstances of each case. A candidate should make himself personally acquainted with the clear directions of the statute as to what are c 2 20 CoRR. AND III. Pract. Prev. Act, 1883. illegal payments. The election agent at any rate must be an expert in the matter. And, so far as possible, every other agent must (as Mr. Justice Vaughan Williams said) be " carefully selected and carefully supervised." It ought to be made almost impossible for any of them to commit a corrupt or illegal practice. There is one class of agents with regard to which the candidate has to be particularly careful. These are political associations. In almost every constituency there are to be found Conservative or Liberal associations, which are em- ployed at ordinary times in doing general work for their respective parties, but which at election times naturally incline to expend their energies to a large degree in each supporting its party's local representative. These associa- tions are invaluable as allies ; but, for obvious reasons, dangerous as agents. Now, as Mr. Justice Cave remarked at Hexham, " if their action is recognised by the candidate that would of course be quite sufficient to make the associa- tion his agents. When I say the 'association,' I do not mean every member of it; but I do mean that it was sufficient to make the acts of the executive committee acts for which the candidate would be responsible, as long as he chose to acquiesce in their endeavouring to support him and procure his election." Therefore, if the candidate would not have the association for his agents, of course, he must not make them hus canvassers. Yet, as Mr. Baron Pollock said at Walsall, " there are many other acts which a political association are entitled to do, even to the extent of making known their views, which in one sense may amount to canvassing, wliile, at the same time, they do not pledge themselves to become agents, nor does the pro- posed member become liable for their acts as agents." The Introductory Chapter. 2X conclusion is that the association may " canvass," if we so call it, for their party, may expound their party views, may publish reasons why Home Eule, or Chm^ch Disestab- lishment, or what not, is desirable or undesii-able, and may persevere in so doing throughout election time. The candidate may acquiesce in all this, and may continue to pay his subscription — that was specifically decided in the Worcester case — and yet, if that is all, the association will not be his agents. But the association must not, with the acquiescence of the candidate, canvass for hiui j^crsoiudlij ; if they do so, of course they will be his agents. The question as to the exact point of time when an association passes from being merely the agents of a party to being the agents of a particular candidate was declared to be a question of some nicety in each case. The judges refused to lay down any positive rule on this subject, considering it to be a question of fact, depending in each case on sur- rounding circumstances. It must be remembered that an election petition is some- thing more than an issue between the petitioner and the respondent. The whole constituency is in a manner on its trial. The judges have to make a general report, and not merely to say whether the election was good or bad. For this reason there must be no collusive holding back of evidence. Charges once made are not easily withdrawn ; nor, on the other hand, can inquuy be escaped by the frank avowal that the seat cannot be defended. That is what was unsuccessfully attempted in the North Meath case. The Court will search out everything it can, and endeavour to find out the real state of facts. And, moreover, the Director of Public Prosecutions or his representative is there to help the Court in seeing that 22 Cork, and III. Pract. Prev. Act, 1883. no material evidence is kept out whicli miglit throw light on the case. This arrangement has its drawbacks : the fight incHnes to become a sort of triangular duel between the petitioner, the respondent, and the Public Prosecutor, and this may prove hard on a respondent who is brought face to face with evidence which he was never, till the last moment, called upon to meet. But this matter again is in the discretion of the Court, in whose hands the Public Prosecutor is entirely placed. In some of the earliest petitions that were tried under this Act — the Stepney (4 O'M. & H. 37) and Buckrose (4 O'M. & H. 115) cases of 1886 — it was ruled that the Public Prosecutor had no right to cross-examine witnesses during the trial. Mr. Justice Cave, at Eochester (4 O'M. & H. 158), has now gone further still, holding that the duties of the Public Pro- secutor are confined to assisting the Court at the conclusion of the case, in considering whether any particular individual has been guilty of corrupt practices. But he concurred in a qualification of this, which Mr. Justice Vaughan Williams added, saying : — " Yet if there should be in his opinion any collusive withholding of evidence, it would be his duty to interfere and call that evidence himself." But, while the parties are at arms' length and beyond suspicion of collusion, the Public Prosecutor must not interfere between them. The question arose again at Montgomery, when it was decided that the issue between the petitioner and respondent must first be tried, and that the Public Prosecutor has no separate locus standi, but must wait until the Court invites his intervention (4 O'M. & H. 168, 169). At the conclusion of the respondent's case, the Court intimated its desire to call certain witnesses, who it hoped might throw further light on obscure parts of the case. Introductory Chapter. 23 Eesponclent's counsel objected that tlie petitioner ought not to have an opportunity of benefiting his case by their evidence ; but the Court said it had jurisdiction — so it had held at Hexham too (4 O'M. & H. 14:3)— and called the witnesses, who did not. however, as it happened, elucidate matters. This method is not without great disadvantages. How is the respondent to deal with charges which are brought against him in this form ? and how is the Court to call evidence, affecting the general report, which shall not affect the seat as well ? The Court must be very careful, as Mr. Justice Denman said in the Stepney case of 1886 (4 O'M. & H. 37), to do nothing which is " incon- venient or ^unfaii' to the respondent" in availing itself of its powers in this respect ; and this has, in fact, been the tendency of all the decisions which have been given in the recent cases on the point. The conclusion of the whole matter is, that the really innocent and careful candidate runs some risk indeed, but a very slight one, of losing his seat for things which he could not have helped ; but it must be observed that he does run a very great risk — indeed, in some cases it is a certainty — of losing thousands and thousands of pounds in the ex- penses of his defence. The petitioner's game is to make the petition as wide, and the particulars as voluminous as possible ; and the defence of each and all of these, the rotten as well as the substantial eharges, is an extremely costly matter. Look at the case of the Montgomery boroughs. There sixty-nine charges were made, the bulk of which were worthless, but which all had to be answered at the cost of immense labour and expense. Look at the flagrant cases of this abuse at Worcester and at Pontefract. The former of these is described in the judgment as " in- 24 Cork, and III. Pract. Prev. Act, 1883. flicting intolerable hardship," and in the latter the charges made were adjudged to be " scandalously reckless." It is true, as Mr. Justice Cave said in the East Manchester peti- tion (which was, perhaps, the worst of them all in this respect) , that the petitioner will suffer the x^enalty for such conduct in the costs which he has to pay, by way of caution " that those who draw particulars are not at liberty to throv/ charges about broadcast, but must confine themselves to those charges which they expect to have some means of establishing." But what consolation is this to the respondent in cases where the petitioners are men of straw ? Now, any voter or person who had a right to vote may be a petitioner. The Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), s. 5, still regulates the question of who may be petitioners; and Sir Henry James's Act does not touch the matter. In theory it may be well that any voter, however poor, should have the right to petition if his franchise has been deprived of its due effect by reason of the wrong-doing of the candidate and his agents at the election — though it must be noted that he will have to deposit 1,000/., and to pay the ex- penses of the attack. But then this poor voter should be bond fide the petitioner, not a mere dummy, under cover of whose poverty the real and substantial attackers shelter themselves. It is notorious that rich men and rich asso- ciations have been behind the nominal petitioners in several of the cases. These find the 1,000/. that must be deposited ; this, indeed — a mere fraction of the cost of answering such charges — the successful respondent may recover, for the rest he has a judgment against a man of straw. Should there not bo some means of reaching the real maintainor of the suit ? Perhaps an action at common law for main- Introductory Chapter. 25 tenance may be suggested as the remedy. But, in the first place, it is at least doubtful whether paying the expenses of an election petition would be held to be an " officious intermeddling " in the suit of another, such as would sup- port an action for maintenance, and whether a plea of common interest with the nominal petitioners would not be successful on defendant's part. In the second place, it is impossible to obtain " discovery," which would be essen- tial to the success of such a suit, because maintenance is a crime, and every one who knew anything of the mainten- ance would be protected from giving evidence. The second reason might be obviated by abolishing the obsolete indict- ment (c) for maintenance, which is quite unnecessary and only operates in the way above suggested in making the civil action difficult. But something more is needed. There should surely be some statutory remedy to prevent rich men and rich associations from maintaining an election petition, using the medium of men of straw, and after- wards, when the petition is dismissed, refusing to pay anything above 1,000/. to the respondent, though he has lost a much larger sum in justifying himself against their unwarranted attack. The respondent can have no men of straw to fight his battle for him. If he is defeated, he pays the petitioner's costs and loses his seat as well. It is therefore a crying injustice that, when he wins the contest, he should have to pay such a high price for his victory. This is the one serious ^\Tong remaining in English election law. If it be not removed it will weigh heavily against the excellent work which Sir Henry James's Act has done (c) The witness is only protected if tlie disclosure would subject him to " crimination, penalty, or forfeiture." (See Best on Evi- dence, p. 218.) 26 CoRR. AND III. Pract. Prev. Act, 1883. in behalf of the right ; and an election petition, which is intended to fiu'ther purity in the exercise of the franchise, and to deprive money of its power to override the real mind of the people, will become, on the contrary, a mere instrument of j)arty machinery, by which rich men and rich associations may wear out the strength of candidates who are too poor to fight in such an unequal struggle. ( 27 ) CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1883. (46 & 47 YicT. c. 51.) An Act for the better prevent ioji of Corrupt (ind Illegal Practices at Parliamentary Elections. [25tli August, 1883. Be it enacted by the Queen's most Excellent Ma- jesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Corrupt Practices. 1. Whereas under section fom' of the Corrupt What is Practices Prevention Act, 1854, persons other than ^^^ ™°' candidates {a) at Parliamentary elections are not liable to any punishment for treating, and it is expe- dient to make such persons liable ; be it therefore enacted in substitution for the said section four as follows : — (1.) Any person who corruptly by himself or by any other person {h) , either before, during, or (a) " Other than candidates." See Corrupt Practices Pre- vention Act, 1854 (17 & 18 Yict. c. 102), s. 4., for -n'Mch repealed section the present section is substituted. {h) " Or by any other person." See " Note on the Par- liamentary Law as to Agexcy," at p. 151. It was decided under the Corrupt Practices Prevention Act, 1854 (17 & 18 28 CoRR. AND III. Pract. Prev. Act, 1883. after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or .providing, any meat drink enter- tainment or provision to or for any person, for the purpose of corruptly influencing (c) that per- Yict. c. 102), that " tlie respondent by himself and other persons in liis behalf," covers the acts of every person, be- sides the respondent, for whose act he is responsible, i. e., every agent ; and it is enough to allege in an ch'ction ]^)etition an offence ' ' by the respondent and other persons on his behalf." Otherwise in a criminal case or an action for jDcnalty. The law of agency, which would vitiate an election, is utterly different from that which woidd subject a candidate to an indictment or penalty ; and the question of his right to sit in Parliament has to be settled on an entirely different l^rinciple. {Norivich case, 1869, 1 O'M. & H. 10.) Wliat that principle is has been explained in the note above referred to. It may be worth obsei'ving, that the words " in his behalf" do not occur- in this section, though they do occur in sect. 2 of this Act. "Person" includes "association." See sect. 64. (c) To constitute an offence under this section the act must be done corruj)tly, or with a corrupt purpose. Treating may be innocent. Prima facie it is innocent. But it may be given under such circumstances as to lead the tribunal to conclude that it was not innocent, but corrupt. Where a school-feast had been given by the respondent for many years, and no more was done than had been done in jDrevious years, there was no corrupt treating in his giving one a few months before the election was expected, although a very much larger number of persons came on the occasion in question than ever came before, and although the respondent did anticipate that ho would be a candidate at such election. {Ayleshunj case, 4 O'M. & II. 63.) The statute docs not apply to that form of treating, which exists occasionally between social equals, where first one treats and then the other — one form of hospitality. Neither does it apply to certain kinds of treating which exist in relation to business matters— cementing a bargain with a little drink. It applies to that sort of treating, which exists whore the superior treats his inferior, which gives the troater influence over the treatee, and secures his goodwill. Not however to all cases of this kind does the " corrupt treating" hero spoken of apply. It does not ajiply to a retui'n for Corrupt Practices. 29 son or any other person to give or refrain from giving his vote at the election, or on aeoount of small services, e.fj., to a porter, or a guard, or the treater's own servants : nor where the obj ect is to acquire general goodwill. It must have reference to some election, and be for the purpose of influencing some vote. (Per Cave, J., Noririch case, 1886, 4 O'M. & H. 91. )_ Where refreshments are a mere incident of a political gathering, there is no offence within the Act. It does not make it " corrupt treating" if the persons attending the meeting are provided with some sort of refreshment. But if they are gathered together merely to gratify their appetites, and so to influence their votes, then it is " corrupt treating" within the Act. [Bochester case, 4 O'M. & H. 157.) In that case a threepenny ticket entitled the holder to partake of ale, claret and sandwiches. So, in the Hexham case (4 O'M. & H. 150), Vaughan Wil- liams, J., speaks of the practice of political associations giving entertainments, picnics, suppers, teas, sports, &c., as " a practice dangerously akin to ' corrupt treating,' and one which if indulged in by a candidate would certainly amount to ' corrupt ti'eating.'" But the //ex/i«??j, judgment is not an intimation that any one of the transactions therein referred to would have been, taken alone, as amounting to ti'eating. It is always a ques- tion of intention, and the Court looks to the whole of the cii'cumstances in each case. {Rochester case, 4 O'M. & H. 156.) Where evidence was given of a " promise to treat" by an agent of the respondent, it was submitted that this required no answer, there being no such offence as a "promise to treat." But the Court said : — " We think this case must be met." {Montgomery Boroughs case, 4 O'M. & H. 169.) Note that, apart from the statutory avoidance of a seat for treating by agents, there may be such general treating as will vitiate the election at common law. If it could be proved there was treating in all directions on purpose to influence voters, that public-houses were thrown open where people could get drink without paying for it, by the common law such election would be void, because it would be carried on contrarv to the principle of the law. {Bradford case, 1 O'M. & H. 41 ; Beverley case, id. 149.) Only to avoid the seat for corruption at common law the corruption must, of coui-se, have been in favour of the person 30 CoRR. AND III. Pract. Pre v. Act, 1883. What is undue in- fluence. such person or any other person having voted or refrained from voting, or being about to vote or refrain from voting at such election, shall be guilty of treating. (2.) And every elector who corruptly accepts or takes any such meat drink entertainment or pro- vision shall also be guilty of treating. 2. Every person who shall {d) directly or in- directly, by himself or by any other person on his behalf (e), make use of or threaten to make use of any force, violence, or restraint, or inflict or threaten to inflict, by himself or by any other person, any wIlo was elected. The Court, in eacli of these cases, will look to the particular circumstances to see whether the result might have been affected by the corruption proved. The absolute majority obtained is an important ingredient in deciding this. The corruption of ten or twelve might be very important where there is a majority of twelve — certainly not so important where there is a majority of sixty or more. {Ipsivich case, 4 O'M. & II. 71.) See last part of note to sect. 2. (rf) This section replaces sect. 5 of the Cori'upt Practices Prevention Act, 1854 (17 & 18 Vict. c. 102), which is re- pealed. (e) " Or any other person on his behalf." It was decided that the same words under the Corriipt Practices Prevention Act, 1854 (17 & 18 Vict. c. 102), cover the acts of every person other than the candidate for whose act he is responsible, i. e. every agent : and it is enough in an election petition to allege an offence ' ' by the respondent and other persons in liis be- half." Otherwise in a criminal case, or an action for penalty. The law of agency which would vitiate an election, is utterly different from that which would subject a candidate to an indictment or penalty ; and the qucsticm of his right to sit in Parliament has to be settled on an entirely different principle. [Norwich case, 1869, 1 O'M. & H. 10.) This pi-inciple is explained in the " Note on the Parlia- mentary Law as to Agency," at p. 151. Corrupt Practices. 31 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 ha\dng voted or re- frained from voting at any election (g), or who shall hy abduction, duress, or any fraudulent device (//) or (/) " Spii'itual." It is the undoubted right of tlie clergy to canvass and induce persons to vote in a particular way ; but it is not lawful to declare it to be a sin to vote in a different manner, nor to threaten to refuse the sacraments for so doing. (See South Meath case, 4 O'M. & H. 131 ; North Meath case, 4 O'M. & H. 187, decided under this Act; and of. the earlier cases of Gahrai/, 1 O'M. & H. 303 ; Long- ford, 2 O'M. & H. 7 ; and Mayo, 1 W. & D. 1.) It is doubful whether the holding out of siJiritual hope to influence a vote would be "undue influence " within this Act. (See South Meath case, vhi sup.) (g) To avoid the seat for intimidation under this section, it is necessary to prove that the candidate or his election agent was guilty of, or sanctioned it. But note that besides statutory intimidation there is a common law intimidation which may also vitiate the election — where the intimidation is so general and extensive in its opei-ation that it cannot be said that the polling was a fair representation of the opinion of the constituency. If the intimidation is local or partial, the election will not be set aside for it. But where it is general, the onus lies on the constituency incriminated to show that the gross amount of intimidation could not possibly have affected the result. The Court looks not only to the amount of the intimidation, but to the absolute majority which has been obtained. {North Durham case, 2 O'M. & H. 157 ; cf. Stafford case, 1 O'M. & H. 229 ; and Thornlury case, 4 O'M. & H. 67.) Por the principle, see also the Ipswich case (4 O'M. & H. 71), and the last part of the note to sect. 1 of this Act. Where such intimidation was considerable, though not enough to affect the result, the respondent will not get his costs. [Tliornhurij case, uhi sup.) {h) " Fraudulent device." The section deals with two classes of misconduct : — (1) the first class depends on intent : using or threatening to use force, &c., or inflicting or thi'eat- ening to inflict injury, &c. in order {i. e., with the intent) to 32 CoRR. AND III. Pract. Prev. Act, 1883. contrivance impede or prevent tlie free exercise of tlie franchise of any elector, or shall thereby compel, in- duce, or prevail upon any elector either to give or to refrain from giving his vote at any election, shall be guilty of undue influence. What is 3. The expression " corrupt practice " (/) as used practSe. ^^ this Act means any of the following offences ; namely, treating (/i-) and undue influence (/), as de- fined by this Act, and bribery {m), and persona- tion («), as defined by the enactments set forth in induce a voter, &c. ; (2) for the second class there must be successful impeding or preventing the free exercise of the franchise by abduction, &c. Thus, in the 8te])ney case, 1886, (4 O'M. & H. 57), a fraudulent device, which falls under the second head, was held not to vitiate an election in the absence of evidence that any one was in fact deceived thereby. (?') " Corrupt practice " is not a sufficient description of an offence in an indictment. (See Reg. v. Stroulger, 17 Q. B. D. 327.) In that case, the prisoner was tried and convicted on an indictment alleging that at the parliamentary election for Ipswich he was guilty of " corrupt practices " against the form, &c. It was held by the majority of the Court that the indictment was defective, because it did not state specifically of what corrupt practices the prisoner was guilty, but that the defect was cured by verdict. (A-) " Treating" — defined by sect. 1 of this Act. (/) " Undue influence"- — defined by sect. 2 of this Act. (in) " Bribery" — defined by the Corruj^t Practices Preven- tion Act, 1854 (17 & 18 Vict. c. 102), ss. 2, 3, and by certain sections of other Acts, making corrupt payment of rates and university registration fees "bribery." (See notes under these sections as set out in the Thii-d Schedule to this. Act.) (n) "Personation" — defined by the Ballot Act, 1872 (35 & 3() Vict. c. 33), s. 24. (See the section set out in the Third Schcdvdo of this Act, and notes thereto.) It seems that an election cannot be avoided by personation other than that by an agent of the candidate. For it cannot be avoided at common law by general personation, as it may by general bribery or undue influence ; while to avoid the seat under CoilRLTT PllACTltES. 33 Part III. of the Third Schedule to this Act, and aiding, abetting, counselling, and procuring the com- mission .of the offence of personation, and every offence which is a corrupt practice within the mean- ing of this Act shall be a corrupt practice within the 31 & 32 meaning of the Parliamentary Elections Act, 1868. c.^rio. 4. Where upon the trial of an election petition Punish- respecting an election for a county or borough the candidate election court (o) , by the report made to the Speaker found, on in pursuance of section eleven of the Parliamentary petition, Elections Act, 1 868, reports that any corrupt practice ^^r^sonallv other than treating or undue influence has been of corrupt proved to have been committed in reference to sucli g!^'^° g, * election by or with the knowledge and consent of any Vict, candidate at such election (7;), or that the offence of °' "^" treating or undue influence has been proved to have been committed in reference to such election by any candidate at such election, that candidate shall not be capable of ever being elected to or sitting in the House of Commons for the said county or borough, and if he has been elected, his election shall be void ; and he shall further be subject to the same incapaci- ties (q) as if at the date of the said rej^ort he had been convicted on an indictment of a corrupt prac- tice. the statute, agency must be proved. {West Belfast case, 4 O'M. & H. 108. See sect. 5.) For the kind of agency which, must be proved, see note on the Parliamentary Law of Agency at p. 151. (0) "Election Court " — defined by sect. 64. Ip) " Candidate at an election"- — defined by sect. 63. (2) " Incapacities." See sect. 6, sub-s. (3). 34 Cork, akd Ilt-. Pract. Prev. Act, 1883. Pimish- ment of candidate found, on election petition, guilty by agents of corrupt practices. Punish- ment of person convicted on indict- ment of corrupt practices. 5. Upon the trial of an election petition respecting an election for a county or borough, in which a charge is made of any corrupt practice having been committed in reference to such election, the election court shall report in writing to the Speaker whether any of the candidates at such election has been guilty by his agents (r) of any corrupt practice in reference to such election ; and if the report is that any candi- date at such election has been guilty by his agents of any corrupt practice in reference to such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for such county or borough for seven years after the date of the report, and if he has been elected his election shall be void. 6. (1.) A person who commits any corrupt prac- tice («) other than personation, or aiding, abetting, counselling, or procuring the commission of the offence of personation, shall be guilty of a misdemeanor {t)^ (r) " By his agents." See note on the Parliamentary Law of Agency at p. 151. (s) " Corrupt practice " is not a sufficient description of an. offence in an incHctment. (See Ileg. v. Stroulger, 17 Q. B. D. 327.) In that case the prisoner was tried and convicted on an indictment alleging that at the Parliamentary election for Ipswich he was guilty of " corrupt practices," against the form of the statute, &c. It was held by the majority of the Court that the indictment was defective, because it did not state specifically of what corrupt jiractices the prisoner was guilty, but that the defect was cured by verdict. (t) Objection was made in the Montcjomcry Boroughs case (4 CM. & II. 1(57) that witnesses should not be ordered out of Court during the trial of an election petition where criminal charges were made against some of the respondent's witnesses, and it was argued tliat it would bo only fair that they should lomaiu in Court to instruct theii- representatives. The Coui't Corrupt rRAciicES. 35 and on conviction on indictment shall be liable to be imprisoned, with or without hard labour, for a term not exceeding one year, or to be fined any sum not exceeding two hundred pounds. (2.) A person who commits the offence of persona- tion, or of aiding, abetting, counselling, or procuring the commission of that offence, shall be guilty of felony, and any person convicted thereof on indict- ment shall be punished by imprisonment for a term not exceeding two years, together with hard labour. (3.) A person who is convicted on indictment of any corrupt practice shall (in addition to any punish- ment as above provided) be not capable during a period of seven years from the date of his convic- tion : (a) of being registered as an elector or voting at any election in the United Kingdom, whf'ther it be a parliamentary election or an election for any public office within the meaning of this Act ; or (b) of holding any public (ti) or judicial office {.r) within the meaning of tliis Act, and if he holds any such office the office shall be vacated. (4.) Any person so convicted of a corrupt practice in reference to any election shall also be incapable of being elected to and of sitting in the House of Corn- overruled the objection, and witnesses on both, sides wer3 ordered out of Coui-t until called. But the election agent may remain in Court. (See Knareshoromjh case, 3 O'M. & H. 142.) {u\ " Public office " — -defined by sect. 64 of this Act. {x) " Judicial office " — defined by sect. 64 of this Act. d2 practice. 36 CoRR. AND III. Pract. Prev. Act, 1883. mons during the seven years next after the date of his conviction, and if at that date he has been elected to the House of Commons his election shall he vacated from the time of such conviction. Illegal Practices. Certain 7. (1.) No payment or contract for payment shall turTto be fo^^he 23urj)ose of promoting or procuring the election illegal of a candidate at any election [y) he made — (a) on account of the conveyance of electors to or from the poll, whether for the hiring of horses or carriages, or for railway fares, or other- wise ; or (b) to an elector on account of the use of any house, land, building, or premises for the ex- hibition of any address, bill, or notice, or on account of the exhibition of any address, bill, or notice ; or (c) on account of any committee room in excess of the number allowed by the First Schedule to this Act. (2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice (;:), and any person re- (?/) " Candidate at any election." Soo sect. 63. (z) Wliore it was objected that the petition said that diirinp; tlie election the respondent was by his agents guilty of illegal practices by hiring, for the puq^oso of the conveyance of electors to and from the poll at the said election, carriages Illegal Pkactices. 37 ceiving such payment or being a j)arty to any such contract, knowing the same to be in contravention of this Act, shall also be guilty of an illegal practice, (3.) Provided that where it is the ordinary business of an elector as an advertising agent to exhibit {a) for payment bills and advertisements, a payment to or contract with such elector, if made in the ordi- nary course of business, shall not be deemed to be an illegal practice within the meaning of this section. 8. (1.) Subject to such exception as may be allowed Expense in pursuance of this Act, no sum shall be paid and ^j ^^x^ no expense shall be incmTed by a candidate at an mum to be election {b) or his election agent, whether before, practice, during, or after an election, on account of or in respect of the conduct or management of such elec- and horses, kno-wing that tlie owners thereof were prohibited by sect. 14 of this Act from lending the same for that purpose — there being no allegation in the particulars that the acts complained of had been done by the candidate or his election agent— the Court held that this was a good objection, and refused to amend the petition so that this section (sect. 7) might apply, in which it is an illegal practice if cuiy agent was guilty of hiring horses or vehicles. [East Manchestir case, 4 0"M. & H. 120.) (a) Field, J., says, in the Barrow-in-Furness case (4 O'M. & H. 78), that if it is lawful to pay an advertising agent to exhibit a bill, it must be la-wful to take the bill to be ex- hibited ; it cannot be exhibited until it is printed, and it must be posted up ; and the labour of doing all that involves an expense which must be incurred by the candidate. So that inferences from this section and sect. 18 would seem to help to extend sect. 17 and the schedule thereto attached. [b) "A candidate at an election" — defined by sect. 63. But where a man begins to incur expenses with regard to an election before the dissolution or issue of the wi'it, those expenses must be returned. [Rochester case, 4 O'M. & H. 157.) e«n 4118S^ 38 CoRR. AND III. Pract. Pre v. Act, 1883. Voting by- prohibited persons and pub- lishing of false state- ments of with- drawal to be illegal. tion (c), in excess of any maximum amount in that behalf specified in the first schedule to this Act. (2.) Any candidate or election agent who know- ingly acts in contravention of this section shall be guilty of an illegal practice. 9. (1.) If any person votes or induces or procures any person to vote at any election, knowing that he or such person is prohibited, whether by this {d) or any other Act (c) from voting at such election, he shall be guilty of an illegal practice (/) . (c) " On account of oi-in respect of the conduct or manage- ment of such election." — Expenses connected with improving the registration of the borough in the interest of the candi- date and his party are not within this section ; nor is the starting of a newspaper advocating the candidate's political views. What is or is not such expense is a question of fact for the Court as a jury to decide. [Kennington case, 4 O'M. & H. 93.) {d) " This Act." See First Schedule, Pt. I. (7). [e) " Any other Act." (Cf. the Ballot Act, 1872 (35 & 36 Vict. c. 33), s. 7.) No person under the age of one-and- twenty years may vote, by 7 & 8 Will. 3, c. 25, s. 8. Nor may any elector vote who has been emploj^ed for reward within six months of the election by any candidate at such election as agent, canvasser, clerk, messenger, or in other like employment by sect. 11 of the Representation of the People Act, 1867 (30 & 31 Vict. c. 102). As to this last case, cf. sect. 17 of this Act, and the First Schedule, Pt. I. (7). Common-law disabilities are not touched by this section. (/) Where M. voluntarily undertook the duties of a sub- agent without any payment or reward, or promise of pay- ment or reward, and when he voted he believed ho would receive none, but after the election was over, the election agent, finding that he had a surplus, paid him a sum of 261. as an honorarium, and five guineas for the use of his office, and M. did not tell him he had voted, this was held to be an illegal practice under sect. 9, and the Court refused to make an order imder sect. 23 relieving M. of the consequences of his act. {S. ir. Essex case, 2 T. L. E. 388.) Illegal Practices. 39 (2.) Any person wlio before or during an election knowingly publishes a false statement of the with- drawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice. (3.) Provided that a candidate shall not be liable, nor shall his election be avoided, for any illegal prac- tice under this section committed by his agent other than his election agent. 10, A person guilty of an illegal practice, whether Punish- under the foregoing sections or under the provisions ™nvktio hereinafter contained in this Act, shall on summary of illegal conviction be liable to a fine not exceeding one hun- ^^^° ^^^ dred pounds and be incapable during a period of five years from the date of his conviction of being regis- tered as an elector or voting at any election (whether it be a parliamentary election or an election for a public oSice within the meaning of this Act) held for or within the county or borough in which the illegal practice has been committed. 11. "Whereas by sub-section fourteen of section Report of eleven of the Parliamentary Elections Act, 1868, it CoS-t''^ is provided that where a charge is made in an elec- yespect- tion petition of any corrupt practice having been practice, committed at the election to which the petition refers, '^"'^. , . . punish- the judge shall report in writing to the Speaker as ment of foUows:- ZT'' . fj'uilty (a) " Whether any corrupt practice has or has not by such " been proved to have been committed by or ^^^^^ 3*2 " with the knowledge and consent of any Viet. 40 Core, and III. Pract. Prev. Act, 1883. " candidate at such election (^), and the nature " of such corrupt practice ; (b) '* The names of all persons, if any, who have " been proved at the trial to have been guilty " of any corrupt practice ; (c) " Whether corrupt practices have, or whether " there is reason to believe corrupt practices " have, extensively prevailed at the election " to which the petition relates " : And whereas it is expedient to extend the said sub-section to illegal practices : Be it therefore enacted as follows : — 31 & 32 Sub-section fourteen of section eleven of the Par- Vict. c. 12*5. Lamentary Elections Act, 186S, shall apply as if that sub-section were herein re-enacted with the substitu- tion of illegal practice within the meaning of this Act for corrupt practice ; and upon the trial of an election petition respecting an election for a county or borough, the election court shall report in writing to the Speaker the particulars required by the said sub-section as herein re-enacted, and shall also report whether any candidate at such election has been guilty by his agents of any illegal practice within the meaning of this Act in reference to such election, and the following consequences shall ensue upon the report by the election court to the Speaker ; (that is to say,) (a) If the report is that any illegal practice has been proved to have been committed in reference to such election by or with the knowledge and (.'/) " Candidate at such election." See sect. 63. Illegal Practices. 41 consent of any candidate at such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for the said county or borough for seven years next after the date of the report, and if he has been elected his election shall be void ; and he shall further be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice ; and (b) If the report is that a candidate at such elec- tion has been guilty by his agents {//) of any illegal practice in reference to such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for the said county or borough during the Parliament for which the election was held, and if he has been elected, his election shall be void (/). 12. Whereas by the Election Commissioners Act, Extension 1852, as amended by the Parliamentary Elections ^J^^ ^"^^^^^ Act, 1868, it is enacted that where a joint address of respecting both Houses of Parliament represents to Her Majesty commis- that an election court has reported to the Speaker sioners to that corrupt practices have, or that there is reason to practices believe that corrupt practices have, extensively pre- y. ^ '^g.. vailed at an election in any county or borough, and 3i & 32 prays Her Majesty to cause inquiry under that Act to ^ 125. be made by persons named in such address (being qualified as therein mentioned), it shall be lawful for {h) See " Note on the Parliamentary Law as to Agency," at p. 151. (r) I. e., unless such illegal practice is exonerated under sect. 22 or sect. 23. 42 CoRR. AND III. Pract. Prev. Act, 1883. Her Majesty to appoint the said persons to be election commissioners for the purpose of making inquiry into the existence of such corrupt practices : And whereas it is expedient to extend the said enactments to the case of illegal practices : Be it therefore enacted as follows : — 15 & 16 When election commissioners have been appointed Vict. c. 57. 'in pursuance of the Election Commissioners Act, 1852, and the enactments amending the same, they may make inquiiies and act and report as if " corrupt practices " in the said Act and the enactments amending the same included illegal practices ; and the Election Commissioners Act, 1852, shall be con- strued with such modifications as are necessary for giving effect to this section, and the expression " corrupt practice " in that Act shall have the same meaning as in this Act. Ilhgal Payment, Employment, coul Hiring. Providiii;? 13. Where a person knowingly provides money for for™'let^al ^^J payment {k) which is contrary to the provisions practice or of this Act, or for any expenses incurred in excess of to be any maximum amount allowed by this Act, or for illegal replacing any money expended in any such payment or expenses, except where the same may have been previously allowed in pursuance of this Act to be an exception, such person shall be guilty of illegal payment. Employ- 14. (1.) A person shall not let, lend, or employ hackney ^^^^ ^^^® purpose of the conveyance of electors to or (/c) " Payment"— defined by sect. 64. Illegal Payment, EMrLOYMEXT, and IIiring. 43 from the poll, any public stage or hackney carriage, carriages, or any horse or other animal kept or used for drawing carriages the same, or any carriage, horse, or other animal and horses whicli he keeps or uses for the purpose of letting out liire. for hire, and if he lets, lends, or employs such car- riage, horse, or other animal, knowing that it is intended to be used for the purpose of the convey- ance of electors to or from the poll, he shall be guilty of an illegal hiring. (2.) A person shall not Im-e, borrow, or use for the purpose of the conveyance of electors to or from the poll any carriage, horse, or other animal which he knows (/) the owner thereof is prohibited by this section to let, lend, or employ for that purpose, and if he does so he shall be guilty of an illegal hiring (m) . (/) Where the voter had driven to tlie poll in a cab, paying nothing to tlie driver, but there was no proof that the voter knew that the use of the cab was prohibited by law, the Court allowed the vote, and held that no breach of this section had been committed. [Buckrose case, 4 O'M. & H. {in) An " illegal hiring" is not an "illegal practice un- less committed (see sect. 21 (2)) by the candidate, or his election agent. Tlierefore, where it was objected that the petition said that duiing the election the respondent was, by his agents, guilty of illegal practices by hiring, for the purpose of the conveyance of electors to and from the poll at the said election, carriages and horses, knowing that the owners thereof were proliibited by this section from lending the same for that purpose— there being no allegation in the particulars that the acts complained of had been done by the candidate or his election agent — the Court held that this was a good objection, and refused to amend the petition so that sect. 7 might apply, which makes it an illegal practice if any agent is guilty of liii'ing horses or vehicles. (East Manchester case, 4 O'M. & H. 120.) 44 Cork, and III. Pract. Prev, Act, 1883. Corrupt ■with- drawal from a candida- ture. Certain expendi- ture to be illegal payment. (3.) Nothing in this Act shall prevent a carriage, horse, or other animal being let to or hired, employed, or used by an elector, or several electors at their joint cost, for the purpose of being conveyed to or from the poll. (4.) No person shall be liable to pay any duty or to take out a license for any carriage by reason only of such carriage being used without payment or promise of payment for the conveyance of electors to or from the poll at an election. 15. Any person who corruptly induces or procures any other person to withdraw from being a candidate at an election {n) , in consideration of any payment or promise of payment, shall be guilty of illegal pay- ment, and any person withdrawing, in pursuance of such inducement or procurement, shall also be guilty of illegal payment. 16. (1.) No payment or contract for payment shall, for the pu.rpose of promoting or procuring the election of a candidate at any election (o), be made on account (p) of bands of music, torches, flags, banners, cockades, ribbons, or other marks of distinc- tion (q). (n) " A candidate at an election" — defined by sect. 63. (o) See sect. 63. Ip) "On account of." "Where a man was employed to repair a portion of the roof of a house, which hati been damaged by reason of ropes having been attached to it for the purpose of suspending a banner across the street (the banner itself being lawful), tliis was held not to bo an illegal payment. [Htcpunj cane, 1S)S(), 4 O'M. & II. 39.) (7) AVhere broad strips of canvas, with the words " Isaac- son for Stepney" on them, had been paid for by the election agent and hung across the streets, these were held to be Illegal Payment, Employment, and Hiring. 45 (2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract "banners" and " marks of distiuction" within the section. Cave, J., did not think it was the object of the Act to pre- clude those kinds of marks of distinction which might lead to a fight. Its object was partly to prevent waste of money, and partly to prevent a man gaining a false show of popu- larity by laying out his money on flags, banners and such like. The payment for these banners was, however, excused as " inadvertent" under sect. 23. {Stepney case, 1892, 4 0'!M. &H. 179—183.) In the WalsaU case (4 O'M. & H. 126), 2,000 cards, bearing respondent's portrait and the words, " We're bound to win — Play ui> Swifts — Vote for James," and 2,000 similar im- pressions on stout paper were printed by the printer, who was employed by the respondent, in respondent's colours. They were, in fact, largely worn in the hats of respondent's supporters. They were charged to the election account, and were paid for by the election agent. The Coiu-t held the election void, on the ground that the use of the hat-cards was an illegal practice, and refused to give relief under sect. 23. Where yellow cards had been extensively worn, and where one witness proved that an agent of respondent pinned such cards on to him at respondent's committee-room, the Court did not agree with regard to the inferences to be drawn from the facts as to whether these were marks of distinction or not. {Pontefract case, 4 O'M. & H. 200.) In that case Hawkins, J., said: — " The cards in use at Walsall were obviously marks of distinction, and I came also to the conclusion that they were simply cockades in another form. They were purposely made to be worn in the hat, oi'dered for that purpose, and paid for with the knowlege of the use to which they were put. It was an illegal payment, whether they are called ' cock- ades,' or only ' marks of distinction.'" In the East Clare case (4 O'M. & H. 162), 3,000 cards bear- ing the inscription, " Men of Clare, remember Parnell — vote for Eedmond," had been printed for the Young Ireland Society, who had distributed them in the interest of the respondent. These cards had, in fact, been largely worn in the hats of respondent's supporters : but had not been made or intended for hat-cards. The Irish judges held that these were not " marks of distinction" within the section. It will thus be seen that the cases run very fine on this matter of " marks of distinction," and great care must be 46 CoRii. AND III. Pract. Prev. Act, 1883. for payment is made in contravention of this section, either before, during, or after an election, the person making sucli payment shall be guilty of illegal pay- ment, and any person being a ]3arty to any such contract or receiving such payment shall also be guilty of illegal payment if he knew that the same, was made contrary to law. Certain 17. (1.) No person shall, for the purpose of pro- ^ntto'be iTiotiug or procuring the election of a candidate at illegal. any election (r), be engaged or emj)loyed for pay- ment (.s) or promise of payment for any purpose or in any capacity whatever, except for any purposes or capacities mentioned in the first or second parts of the First Schedule to this Act, or except so far as payment is authorised by the first or second parts of the First Schedule to this Act {t). exercised by those responsible for the conduct of an election, that nothing is paid for by the candidate, or his election agent, which could possibly fall -w'ithin the .categories of any of the things mentioned in this section. It would seem from dicta of the judges in the Stepney case, 1892, above cited, that it maj^ be unsafe for a candidate at an election to pay even for bills and placards bearing his name and colours, in cases •where they are not " addresses" or " notices" (as to which, see Schedule I., Part II. (3) ). • For such bills and placards might well be held to be •' marks of distinction" within the principle in that case laid down. {r) See sect. 63. (s) " For payment "—see sect. 64. Eefreshments maybe "payment" within the meaning of this section. Thus, where a sandwich, a pork pie and a cup of coffee were given to respondent's "workers" on the polling-day, it was held that this was " illegal cmplojTnent ;" and where the respon- dent and his election agent are the offenders "illegal em- ployment" is " illegal practice" (see sect. 21 (2) ), and avoids the seat. {^Barroni-in-Furncss case, 4 O'M. & H. 82.) (<) Canvassing handbills are not specifically mentioned in Illegal Payment, Employment, and Hiring. 47 (2.) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person en- gaging or employing him shall be guilty of illegal employment, and the person so engaged or employed shall also be guilty of illegal emplojTiient if he knew that he was engaged or employed contrary to law. 18. Every bill, placard, or poster having reference Name and to an election shall bear upon the face thereof the ^'^.'^'"f ®^ °^ ^ printer on name and address of the printer and publisher placards, thereof; and any person printing, publishing, or posting, or causing to be printed, published, or posted, any such bill, placard, or poster as aforesaid, which fails to bear upon the face thereof the name and address of the printer and publisher, shall, if he is the candidate, or the election agent of the candidate, be guilty of an illegal practice, and if he is not the either part of the First Schedule. It is doubtful whether they are " addi-esses " or " notices " -within the meaning of Part II. Sect. 3, of the First Schedule. But looking at other parts of the Act, as sect. 18, Field, J,, held that it is not an illegal practice or expense to employ persons to distribute such handbills. {Dissentiente Denman, J., Stepney case, 1886, 4 O'M. & H. 55.) "Where it was proved that persons had been employed and paid for the distribution of documents relating to the respon- dent's candidature, e.g. a letter from a distinguished states- man giving reasons why he could not come to a meeting, the Court held that there was no " illegal employment" or pay- ment under this section ; but that such things come fairly within the meaning of " addi'esses and notices" mentioned in Part II. sect. 3, of the First Schedule. Oifensive pictures and statements might be otherwise. But the Court has, in general, nothing to do with the contents of the documents. {^Barrow-in-Furness case, 4 O'M. & II. 78.) 48 Cork, and III. Piiact. Prev. Act, 1883, Saving for creditors. Use of committee room in house for sale of in- toxicating liquor or refresh- ment, or in elemen- tary school to bo illegal hirinsr. candidate, or the election agent of a candidate, shall be liable on summary conviction (») to a fine not exceeding one hundred pounds. 19. The provisions of this Act prohibiting certain payments and contracts for payments, and the pay- ment of any sum, and the incuiTing of any expense in excess of a certain maximum, shall not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of the same being in contravention of this Act. 20. (a) Any premises on which the sale by whole- sale or retail of any intoxicating liquor is authorized by a licence (whether the licence be for consumption on or off the premises), or (b) Any premises where any intoxicating liquor is sold, or is supplied to members of a club, society, or association other than a permanent political club, or (c) Any premises whereon refreshment of any kind,' whether food or drink, is ordinarily sold for consumj^tion on the premises, or (d) The premises of any public elementary school (.r) in receipt of an annual parliamentary (m) " Summary conviction." See sect. 54. (x) " The premises of an elementary school." This, in general, includes a schoolmaster's house, where such house is within the curtilage of the school : though it might be otherwise where such house is ob'\'io\isly apart from, and distinct (not only with respect to structure, but with respect to the mode in which the expenditure of keeping it up is defrayed) from the school-house itself. (See sect. 6 of 35 & 36 Vict. c. 33.) But where the master's house was provided rent free by a subscriber to the schools, the house was held not to be part of the premises of a public elementary school, although the managers wore in receipt of an annual par- liamentary grant. {Buckrose case, 4 O'M. & H. 115.) Illegal Payment, Employment, and Hiring. 49 grant, or any part of such premises, shall not he used as a committee room (i/) for the purpose of promoting or procuring the election of a candidate at an elec- tion, and if any person (~) hires or uses any such premises or any part thereof for a committee room he shall he guilty of illegal hiring, and the person let- ting such premises or part, if he knew it was intended to use the same as a committee room, shall also be guilty of illegal hiring : Provided that nothing in this section shall apply to any part of such premises which is ordinarily let for the purpose of chambers or offices or the holding of pubhc meetings or of arbitrations, if such part has a separate entrance and no direct commimication with any part of the premises on which any intoxi- cating liquor or refreshment is sold or supplied as aforesaid. 21. (1.) A person ffuilty of an offence of illegal Punish- \ ^ 1 r" 1 . . -u 11 mentof payment, employment or nu-mg snail, on summary niegal conviction {a), be liable to a fine not exceeding one P'lyment, hundred pounds. ment or (2.) A candidate or an election agent of a candi- "^°' date {b) who is personally guilty of an offence of {y) " Committee-room." See sect. 64. (z) " Any person." Wherever de facto certain persons meet together, who act as a committee diirin» the polling- day, and in a room, whether it be a room within (a), (b), (c) or (d) of this section, in respect of which there is a prohibi- tion : in all of these cases, at any rate, the members of the committee who so use that room must be taken to be within the provision. [Buckrose case, ubi supra.) (o) " Summarj'- conviction." See sect. 54. \h) Where it was objected that the petition said that dui-ing the election the respondent was, " by his agents," guilty of by agents. 50 CoKR. A>'D Ii.L. Pract. Prev. x\ct, 1883. illegal payment, employment, or hiiing, shall be guilty of an illegal practice. Excuse and Excei^tion for Corriqd or Illegal Practice or Illegal Payment, Emijloyment, or Hiring. Keport 22. Where, upon the trial of an election petition ing candi- respecting an election for a county or borough, the date in election court report that a candidate at such election certain _ ■•• _ cases of has been guilty by his agents of the offence of treat- and Uleo-al ^^? ^^^ uudue influence, and illegal practice, or of practice^ any of such offences, in reference to such election, and the election court further report that the can- didate has proved to the court — (a) That no corrupt or illegal practice was com- mitted at such election by the candidate or his election agent and the offences mentioned in the said report were committed contrary to the orders and without the sanction or connivance of such candidate or his election agent ; and (b) That such candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at such election ; and illegal practice by hiring, for the purpose of the conveyance of electors to and from the poll at the said election, caiTiages and horses, "knowing that the owners thereof wore pro- hibited, by sect. 14, from lending the same for that pur- pose" — there being no allegation in the particulars that the acts complained of had been done by the candidate or his election agent — the Court held that this was a good ob- jection, and refused to amend the petition so that sect. 7 might apply, which makes it an illegal practice if any agent was guilty of hiring horses or carriages. [^East Manchester case, 4 O'M. & U. 120.) Excuse for Corrupt or Illegal Practice, etc. 61 (c) That the offences mentioned in the said report ■were of a trivial, unimportant, and limited character; and (d) That in all other respects the election -^-as free from any corrupt or illegal practice on the part of such candidate and of his agents ; then the election of such candidate shall not, by reason of the offences mentioned in such report, be void, nor shall the candidate be subject to any incapacity under this Act (c). 23. Where, on application made, it is shown to r mit, 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 agent 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 reason- able cause of a like nature, and not by reason of any want of good faith on the part of the applicant. ((■) " Inadvertence." Thus, vrliere men were employed and paid to force canvassing handbills into the hands of every voter, and to prevent anyone else from approaching them by superior physical force— not only to distribute them but to tout for votes — the retiu-n described the payment as one for " distributing bills." Denman, J., thought that the description was inaccurate and insufficient ; but he thought that the inaccui'acy and insufficiency arose not from any want of good faith, but from inadvertence arising from diffi- culties in understanding the Act. But he intimated in his judgment, that in futui'e a similar case would not be so leniently treated. {Stepney case, 1886, 4 O'M. & H. 53.) So, again, in the Norwich case (4 O'M. & H. 91), insuffi- cient description of clerks and messengers was excused as inadvertent; but there, too, Cave, J., rested his decision on the ground that this part of the Act had never been yet inter- preted. It does not therefore follow that the same excuse would be allowed now. "WTiere the names of the j)ersons from whom rooms had been hired were omitted from the return, and the election agent had included his own personal expenses in the sums paid for hii-ing the rooms, the Coui-t held that these things had been done through inadvertence, and used their powers under this section, ha\T.ng regard to the fact that there was nothing in the general account of a suspicious character, and to the fact that the Court were perfectly satisfied that there had been not only no money misspent, but that there had been no intention in the framing of this account to mislead -anvbody in this important particular. (Buclrose case, 4 O'M. & H. 119.) Cork, and III. Pract. Prev. Act, 1883. the court may, after such notice (k) 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 return and declaration, or for an error or false statement in such return and declaration, as to the court seems just. (2.) "Where it appears to the coiu-t 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 the pro- visions 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 men- tioned 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 declaration, or to deliver a statement of the par- ticulars required to be contained in the return, as to the com-t seem just, and to make or deliver the same within such time and to such person and in such manner 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. (k) In the Noriukh case (4 O'M. «& 11. 90), notice given in Court, where persons interested were present, was held enough to satisfy the statute. Election Expenses, 71 (3.) The order may make the allowance condi- tional 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 autho- rised excuse shall relieve the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order; and where it is proved by the candidate to the court that any act or omission of the election agent in relation to the retm'n and declaration respecting election ex- penses was without the sanction or connivance of the candidate, and that the candidate took all reasonable means for preventing such act or omission, the court shall relieve the candidate from the consequences of such act or omission on the part of his election agent. (4.) The date of the order, or if conditions and terms are 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 excuse. 35. (1.) The returning officer at an election within Publica- ten days after he receives from the election agent of g^j^arv a candidate a return respecting election expenses of return shall publish a summary of the return in not less expenses, 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 candi- date in respect of such publication, and the amount Cork, and III. Pract. Prev. Act, 1883. 38 & 39 Vict. c. 84. Prohibi- tion of persons guilty of corrupt or illegal practices, &c. from voting. of sucli charge shall be the sum allowed by the Parliamentary Elections (Returning Officers) Act, 1875 (/). (2.) The return {m) 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 reasonable 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 two years the returning officer may cause the said return and declarations, (including the accompanying docu- ments,) to be destroyed, or, if the candidate or his election agent so require, shall return the same to the candidate. Disqualification of Electors. 36. Every person guilty of a corrupt or illegal practice or of illegal employment, payment, or huing at an election is prohibited from voting at such elec- tion, and if any such person votes his vote shall be void {n). [I) Viz. in counties and district or contributory boroughs 2/. 2s., and in other boroughs 1/. Is. (See sect. 2 of the Act cited, and the first schedule thereto annexed.) [m) On the trial of an election petition the Court will allow the Public Prosecutor to have a coi)y of the rcsjion- dent's retvu'n of election expenses. {IlexJuun case, 4 O'M. & 11. 143.) (h) Field, J., said: — "Corruptness is the essence of dis- Disqualification of Electors. 73 37. Every person who, in consequence of convic- Proliibi- tion or of the report of any election court or election disquali- commissioners under this Act, or under the Corrupt ^^^ P?'^' ^ ' ^ suns irom Practices (Municipal Elections) Act, 1872, or under voting. Part lY. of the Municipal Corporations Act, 1882 (o), ^5 & 36 or under any other Act (p) for the time being in force c. 60. relating to corrupt practices at an election for any y.^*^ public office, has become incapable of voting at any c. oo. election, whether a parliamentary election or an elec- tion to any public office, is prohibited (q) from voting iit any such election, and his vote shall be void. 38. (1.) Before a person, not being a party to an Hearing election petition nor a candidate on behalf of whom before he quaKfication under tHs section." Stepney case, 1886, 4 O'M. & H. 48.) In that case a voter was inadvertently registered as entitled to vote for each of two divisions, whereas he was really only entitled to vote for one ; he was ignorant of the law, and had acted conscientiously by mistake ; he had no corrupt intentions, and was not corruptly influenced. It was held that this was not personation, and did not invali- date the first vote. Semhle, that it might be otherwise if a man, deliberately intending to do wrong, went and gave the first vote, intending to give a second: then the words, " if any such person votes his vote shall be void," would apply to both votes. Corrupt practice is defined by sect. 3 of this Act. Sects. 7 — 9 deal with illegal practice. Sects. 13 — 20 with illegal employment, pajouent or hiring. (o) The former of these Acts cited is repealed by the latter. {]}) See Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70). {q) This section is important, as showing that the existence of actual incapacity is not sufficient to prevent a man's voting, tinless it were stated that incapacity should be prohibition, and amounted to prohibition. What may be an objection to registi'ation is not necessarily a ground of objection to the exercise of the franchise by fi'eemen. {Londonderry case, 4 O'M. & H. 103.) 74 Cork, and III. Pract. Prey. Act, 1883. is reported guilty of corrupt or illegal practice, and in- capacity of person reported guilty. the seat is claimed by an election petition, is reported by an election court, and before any person is re- ported by election commissioners, to have been guilty, at an election, of any corrupt or illegal practice, the coui't or commissioners, as the case may be, shall cause notice to be given to such person, and if he appears in pui'suance 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 (r) to have been guilty at an election of any corrupt or illegal practice may appeal against such report to the 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 com-t such appeal may be brought, heard, and determined in like manner as if the court were a court of quarter sessions and the said com- missioners were a court of summary jurisdiction, and the person so reported had been convicted by a court of summary jurisdiction for an offence under this Act, and notice of every such aj)peal shall be given to the Director of Public Prosecutions in the manner and within the time directed by rules of court, and sub- ject to such rules then within three days after the appeal is brought. (3.) Whore it appears to the Lord Chancellor that appeals under this section are interfering or are likely (r) " Electiou Commissioiiers." See sect. 64. Disqualification of Electors. 75 to interfere with tlie ordinary business transacted before any courts of oyer and terminer or gaol de- livery, 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 ease 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 maimer as if such judge were a Court of oyer and terminer. (4.) The provisions of the ParKamentary Elections Act, 1868 (s), with respect to the reception and powers of and attendance on an election court, and to the expenses of an election com-t, and of receiving and accommodating an election court, shall apply as if such judge were an election court. (5.) Every person who after the commencement of this Act is reported by any election court or election commissioners to have been guilty of any corrupt {t) or illegal practice {u) 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 com-t on the trial of a (s) 31 & 32 Tict. c. 125, beginning sect. 28. (f) See sect. 6 (3). (w) See sect. 11. 76 CoRB. AND III. Pract. Prey, Act, 18S3. petition respecting such election to have heen 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 commis- sioners to have been guilty of any corrupt practice in reference to an election, whether he has obtained a certificate 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 Grreat 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 so- licitor, or who belongs to any profession the admis- sion 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 elec- tion, 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 Lm of Court, High Court, or tribunal having power to take cognizance of any misconduct of such person in his profession (,r), and such Inn of (cc) A barrister may be disbarred by his Inn, subject to an appeal to tbe judges. As to other professions, see Solicitors Disqualification of Electors. 77 Court, High Court, or tribunal may deal witli such person in like manner as if such corrupt prac- tice were misconduct by such person in his pro- fession. (8.) "With respect to a person holding a license or certificate under the Licensing Acts [y) (in this sec- tion referred to as a licensed person) the following provisions 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 was committed on his licensed premises, the court shall direct such conviction to be entered in the proper register of licenses (;;). (b) If it appears to an election court or election commissioners that a licensed person has know- ingly suffered any bribery {a) or treating in reference to any election to take place ujDon his licensed premises, such court or commissioners (subject to the provisions of this Act as to a Act, 1888 (51 & 52 Vict. c. 65), ss. 12—15 ; Medical Act, 1858 (21 & 22 Vict. c. 90), s. 29; Dentists Act, 1878 (41 & 42 Vict. c. 33) ; and Veterinary Surgeons Act, 1881 (44 & 45 Vict. c. 62), s. 6. {y) See sect. 64 of this Act. The Acts referred to are the Licensing Acts, 1872 and 1874 (35 & 36 Vict. c. 94, and 37 & 38 Vict. c. 49). (zj See sect. 36 of the Licensing Act, 1872 (35 & 36 Vict. c. 94), which provides for a register of licenses to be kept in every licensing district, on which shall be entered all for- feitiires of licenses, disqualifications of jireniises, records of convictions, and other matters relating to the Licenses on the register. (o) " Bribery." See the Third Schedule to this Act, where the enactments defining "Bribery" are set forth. "Treating " — see sect. 1. 78 Cork, and III. Pract. Prev. Act, 1883. person having an opportunity of "being lieard by Mmself and producing evidence before being re- ported) sliall report the same ; and whether such 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 certi- ficate the licensed person obtained his license, and such licensing justices shall cause such re- port to be entered in the proper register of licenses, (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 con- sideration by the licensing justices in determin- ing whether they will or will not grant to such person the renewal of his license or certificate, and may be a ground, if the justices think fit, for rt^f using such renewal (b). (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 Prosecutions, with such (/;) See the Licensing Act, 1872 (35 & 36 Vict. c. 94), s. 42 ; the Wine and Beerhouse Act, 1809 (32 & 33 Vict. c. 27), ss. 8 and 19 [by which it is not lawful for the justices to refuse an application except on cei'tain grounds therein mentioned] ; and the Beer Dealers' lletail Licenses Act, 1882 (45 & 46 Vict. 0. 34). Disqualification of Electors. 79 information as is necessary or proper for enabling In'm to act under this section. (10.) Tliis section shall apply to an election court under this Act, or under Part IV. of the Municipal Corporations Act, 1882 (c), and the expression elec- tion shall be construed accordingly {d) . 39. (1.) The registration officer (e) in every county List in and borough shall annually make out a list contain- yoters^of" ing the names and description of all persons who, persons though otherwise qualified to vote at a parliamentary tated for election for such county or borough respectively, are '^'otmg by not capable of voting by reason of having after the or illegal 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 45 & 45 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 (c) 45 & 46 Vict. c. 50. (d) Cf. sect. 64. (e) The "registration officer." See sect. 64 ; and cf. the Par- liamentary Registration Act, 1843 (6 & 7 Vict. c. IS), s. 101, by which the words "clerk of the peace" comprehend and apply to any deputy or other person executing the duties of such clerk of the peace, and the words " town clerk," except in regard to the cities of London and Southwark, extend to and mean ' ' any person executing the duties of town clerk, or if in any city or borough there shall be no such officer as town clerk, then to any officer executing the same or like duties as usually devolve upon the town clerk, or if in any city or borough there shall be no such person, then to the returning officer of such city or borough, or to such person as the returning officer niight appoint for that pui'pose." 80 Cork, amd III. Pract. Prev. Act, 1883, Act referred to as the corrupt and illegal practices list) , the offence of which each person has been found guilty. (2.) For 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 where the election (whether a parliamentary election or an election to any public office) was held in any of the following 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 (b) if he is the registration officer of a borough, in the county in which such borough is situate, or in any borough 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 overseers shall publish the list together with the list of voters, and shall also, in the case of every person in the corrupt and illegal practices list, omit his name from the list of persons entitled to vote, or, as cu-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 required by law in any other cases of disqualification. (4.) Any person named in the corrupt 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 tlio name of any person from such Disqualification of Electoiis. 81 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 regis- tration 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 prac- tices list is subject to have his name inserted in 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 opportunity 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 sec- tion shall determine only whether a person is inca- pacitated by conviction or by the report of any election court or election commissioners, and shall not deter- mine whether a person has or not been guilty of any corrupt or illegal practice. (8.) The corrupt 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. J. G 83^ CoRR. AND III. Pract. Prev. Act, 1883. Time for presenta- tion of election petitions alleging illegal practice. 31 & 32 Vict. c. 125. 31 & 32 Vict. c. 125. Proceedings on Election Petition. 40. (1.) Where an election petition questions the return or the election upon an allegation of an illegal practice, then notwithstanding anything in the Par- liamentary Elections Act, 1868, such petition, so far as respects such illegal practice, may he presented within the time following ; (that is to say), (a) 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 elec- tion the petition relates and his election agent. (b) If the election petition sj)ecifically alleges a payment of money, or some other act to have been made or done since the said day by the member or an agent of the member, or with the privity of the member or his election agent in pursuance or in furtherance of the illegal prac- tice 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, 1868 (/), may for the purpose of questioning the (/) By sect. 6 of the Act cited, "The petition shall be presented within twenty-one days after the return has been made to the Clerk of the Crown in Chancery in England, or to the Clerk of the Crown and Hanapor in Ireland, as the case may be, of the member to whoso election the petition relates, unless it question tho return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other reward to have been made by any member, Proceedings on. Election Petition. 83 return or the election upon an allegation of an illegal practice [g) be amended with the leave of the High Court {h) 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 re- specting election expenses in like manner as if it were an illegal practice, and also shall apply not- withstanding that the act constituting the alleged illegal practice amounted to a corrupt practice. (4.) For the piu-poses 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 (b) where there is an authorised excuse for failing to make and transmit the return and declarations respecting election expenses, 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, or on his account, or with his privity, since the time of such return, in pursuance or in fui-therance of such corrupt prac- tices, in which case the petition may be presented at any time within twenty-eight days after the date of such pay- ment." The twenty-one days must be twenty-one working days, and Sundays are excluded. {Pease v. Norwood, 4 0. P. 238. Cf. sect. 49 of the same Act.) [g) No distinction is drawn for this purpose between an illegal practice and an illegal payment, employment, or hiring, which is not an illegal practice. (Buckrose case, 4 O'M. & H. 117.) (/j) See sect. 56, and note. g2 .84 CoRR. AND III. Pract. Prev. Act, 1883. shall be substituted for the day on which the return and declarations are received by the returning officer. (5.) For the purposes of this section, time shall be reckoned in like manner as it is reckoned for the pur- poses of the Parliamentary Elections Act, 1868 {i). With- 41. (1.) Before leave for the withdrawal of an election election petition (Jc) is granted, there shall be pro- petition. duced affidavits 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 Court may on cause shown dispense with the affidavit of any particular person if it seems to tlie Court on special grounds to be just so to do. (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 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 (?') By sect. 49 of the Act cited, "In reckoning time for the pm-poses of this Act, Sunday, Christmas Day, and Good Friday, and any day set apart for a public fast or pubUc thanksgiving, shall be excluded." (k) "Leave for the withdrawal of an election petition." The Court cannot be a party to any arrangement, since an election petition involves much more than a question between the immediate parties in it. Thus the Court would not con- sent to a judgment declaring the election void without hearing evidence, where a pastoral letter read throughout the whole county had been decided to bo "undue influence" within sect. 2 in the other division of the county. One of the judges was not a member of the Court on the trial of the former petition, and both the judges desired to hear the evidence at the present trial. {North Meath case, 4 O'M. & II. 187.) Proceedings on Election Petition. 85 forth that agreement, and shall make the foregoing statement subject to what appears from 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 withdrawal of an election petition, and such agree- ment, terms, or undertaking is or are for the with- drawal 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 withdrawal 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 mis- demeanor, and shall be liable on conviction on in- dictment to imprisonment for a term not exceeding twelve months, and to a fine not exceeding two hun- dred pounds. (5.) Copies of the said affidavits shall be delivered 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 representative (appointed with the approval of the Attorney-Gene- ral), in opposition to the allowance of the withdrawal of the petition, and shall have power to receive the evidence on oath of any person or persons whose evidence the Director of Public Prosecutions or his assistant, or other representative, may consider material. (6.) Where in the opinion of the court the pro- Cork, and III. Pkact. Prev. Act, 1883. 31 & 32 Vict. c. 125. Continua- tion of trial of election petition. 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 thirty-five of the Parliamentary Elections Act, 1868, where the withdrawal 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 withdrawal of such petition was the result of any agreement, terms, or undertaking, or was in consideration of any payment, or in consideration that the seat should at any time be vacated, or in consideration of the withdrawal of any other election petition, or for any other conside- ration, and if so, shall state the circumstances attend- ing the withdrawal. (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 afiidavit in piu'suance of this section. 42. The trial of every election petition, so far as is practicable, consistently with the interests of jus- tice in respect of such trial,^ shall be continued de die in diem on every lawful day (/) until its conclusion, {1) " Lawful day." A phrase from Scotch law. All the days of the week cxcei^t Sunday, or the fast days appointed by Government, are called lawful days ; and no legal dili- Proceedings on Election Petition. 87 and in case tlie rota of judges for the year shall expii'e before the conclusiou of the trial, or of all the proceedings in relation or incidental to the petition, the authority of the said judges shall continue for the pm-pose of the said trial and proceedings. 43. (1.) On every trial of an election petition the Attend- Director of Public Prosecutions shall by himself or.^^j^g^j^Qj. by his assistant, or by such representative as herein- of Public after mentioned, attend at the trial, and it shall tions on be the duty of such Director to obey anv direc- t'l^l of •' , . . election tions given to him by the election court with re- petition, spect to the summoning and examination of any ^ecudon witness to give evidence on such trial, and with by him of respect to the prosecution by him of offenders, 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 practice. (2.) It shall also be the duty of such Director, without any direction from the election com-t [»i), if gence eithei" against person or property can be executed, except on a lawful day. (Bell's Dictionary of tlie Law of Scotland, suh voce " Day.") (/«) The Court will not allow the Public Prosecutor to interrupt proceedings in the course of the case, either by cross-examining witnesses or by stating what he intends to do hereafter. [Buckrose case, 4 O'M. & H. 115.) The Public Prosecutor may not cross-examine a witness in order to prove agency. That is for the petitioners to make out. [Hexham case, 4 O'M. & H. 144.) But though the Public Prosecutor has no right to cross- examine witnesses, he has the right, under certain circum- stances, to summon a witness ; but as to the examination of witnesses, he is bound to obey the directions of the Court. It would be inconvenient and unfair for him to interfere on his own mere motion with every witness. There should be no application on his part to examine a witness, unless it is 88 Cork, and III. Pract. Prev. Act, 1883. 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 appears to him that any person who has not received a certificate of indemnity has been guilty of a corrupt or illegal practice, to prosecute such person for the ofiFence before the said coirrt, or if he thinks it expe- dient {n) in the interests of justice before any other competent court. founded on sometliing substantial. {Stepney case, 1886, 4 O'M. & H. 37.) The issue between the petitioner and the respondent must first be tried ; the Public Prosecutor has no separate locus standi, but must wait until the Court invites his intervention. {Montgomery Borovghs case, 4 O'M. & H. 168, 169.) There, at the conclusion of the respondent's case, the Covu-t called certain witnesses for their own information, hoping that they might throw further light on obsciu-e parts of the case, though the respondent objected that the petitioner ought not to have an opportunity of benefiting his case by their evi- dence. The duties of the Public Prosecutor are iu general confined to assisting the Court, at the conclusion of the case, in con- sidering whether any particular individual has been guilty of corrupt and illegal practices. If he has witnesses who will throw light on this, they will be summoned to be in attend- ance at the close of the case. But, if there should be, in his opinion, any collusive withholding of evidence, it would bo his duty to interfere, and to call tliat evidence himself. But the Court is cautioTis how it allows him to do so. {Rochester case, 4 O'M. & II. 108.) («) " Or if ho thinks it expedient." He must exercise his own discretion. {Ipsun'ch case, 4 O'M. & II. 75.) So in the West Belfast case (4 O'M. & II. 109), the Court wore of opi- nion that the initiative in these cases should be left to the Proceedings on Election Petition. 89 (4.) Where a person is prosecuted before an elec- tion court for any conrupt or illegal practice, and such person appears before the court, the court shall proceed to try him summarily 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 ex- ceeding two hundred pounds, and if the offence is an illegal practice, to pay such fine as is fixed by this Act for the offence ; Provided that, in the case of a corrupt practice, the court, before proceeding to try summarily any person, shall give such person the option of being tried by a jury. (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 expedient 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 prosecuted on indictment or before Attorney-General for Ireland [= tlie Director of Public Prosecutions in England, by sect. 69 (8)] ; but they oi'dered that notice should be given to the persons implicated to appear and show cause why they should not be reported by the Court. (Cf. also WalsaU case, 4 O'M. & H. 123.) 00 CoRR. AND III. Pract. Prev. Act, 1883. a court of summary jurisdiction, as tlie case may re- quire, for the 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 prelim- inary and of and incidental to such prosecution the offence shall be deemed to have been committed • within 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 (b) 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 jurisdiction before whom he is to be prosecuted, or cause him to give bail to appear before that court ; and (c) if the accused person is not present before the court, the court shall as circumstances require issue a simimons for his attendance, or a warrant to apprehend him and bring him before a court of summary jurisdiction, 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 appear and take his trial for the said offence, or if the offence is punishable on summary conviction, shall proceed to hear the case, or if such court be not the court before whom he is directed to be prosecuted, shall order him to bo brought before that court. Proceedings on Election Petition, • 91 (7.) The Director of Public Prosecutions may nom- inate, with the approval of the Attorney- Greneral, a barrister or solicitor of not less than ten years stand- ing to be his representative for the purpose of this section, and that representative shall receive such re- muneration 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 ex- penses as the Commissioners of Her Majesty's Trea- sury may approve. (8.) The costs incurred in defraying the ex- penses (o) of the Dii-ector of Public Prosecutions under this section (including the remuneration of his representative) shall, in the fu'st 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 expenses of the election court ; but if for any reasonable 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 {p), or such of them as the court may direct. (o) Tliis section only applies to the costs of the Public Prosecutor at the trial of the petition ; and where the jietition is withdi'awn (as to which see sect. 41) the Court has no power to order the preliminary costs of the Public Prosecutor, and the costs of the inquiries made by him, to be paid by the parties. [Devonport case, o-i L. T. N. S. 733.) {p) Where the petition is unfounded the public must be protected ; and the petitioner will be ordered to pay the costs of the Public Prosecutor under this section. [Kennington case, 4 O'M. & H. f'j.) And, on the other hand, where the Public Prosecutor's 92 CoRR. AND III. Pract. Pre v. Act, 1883. Power to election court to order pay- ment by county or borough or indi- vidual of costs of election petition. 44. (1.) "Where upon the trial of an election peti- tion respecting an election for a county or borough it appears to the election court that a corrupt practice has not been proved to have been committed in refe- rence to such election by or with the knowledge and consent of the respondent to the petition, and that such respondent took all reasonable means to prevent corrupt practices being committed on his behalf, the court may make one or more orders with respect to the payment either 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 practices 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 costs have been rendered necessary by the conduct of the respondent and his agent, the respondent must pay such costs. [Hexham case, 4 O'M. & H. 152.) The Public Prosecutor does not get his costs from the petitioner except in a strong case of misconduct. {Norwich case, 4 O'M. & H. 92.) Two persons in the Rochester case (4 O'M. & H. 161) whom the Court decided to report as guilty of corrupt treating were ordered to pay so much of the Public Prosecutor's costs as referred to them. (See sect. 44 (2).) The Attorney-General for Ireland [= the Director of Public Prosecutions in England, by sect. 69 (8)] was not allowed his costs in the Londonderry case, 4 O'M. & H. 104 ; O'Brien, J., remarking that his costs ought to be regarded as part of the ordinary costs incident to the administration of the law in that country. The Court will make no order about the Public Prosecutor's costs when no special grounds for .such order are put forward. {WulsuU rase, 4 O'M. A: 11. 12(;.) PUOCREDINOS OX ELECTION PETITION. d3 persons is or are proved, whether by providing money or otlierwise, to have been extensively engaged in corrupt practices, or to have en- couraged or promoted extensive corrupt practices in reference to such election, the court may, after giving such person or persons an oppor- tunity of being heard by counsel or solicitor and examining and cross-examining 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 reco- vered 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 corruj)t or illegal practice, the court may, after giving such person an opportunity of making a statement to show why the order should not be made, order the whole or any 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 (q) to be {q) See Eules of the Supreme Court, 1883, Ord. LXV., and Appendix N. "Wiien the petition succeeded, but the charges had been multiplied in a scandalous and reckless way (109 charges ; in 75 no evidence offered, in 31 evidence insufficient, 3 proved), the Court gave the petitioner no general costs, but only the 94 Cork, axd III. Pract. Prev. Act, 1883. 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 (r), as between solicitor and client (.s). costs of the charges proved. [Pontefract case, 4 O'M. & H. 202.) And in the Ipswich case (4 O'M. & H. 75) the petition succeeded ; but the resi^ondent -was given costs of those cases which were inchided in the particulars, but as to which no evidence was offered at the hearing. No costs were given of cases as to which petitioners had given evidence, but which thej' failed to prove. Of. also the Norwich case, 4 O'M. & H. 92, and cf. sect. 41 of 31 & 32 Vict. c. 125, and sect. 2 of 42 & 43 Vict. c. 75. Where the petitioner fails as to charges of corrupt practice, and the respondent as to charges of illegal practice, there will as a rule be no costs. But where, in such a case, the peti- tioners confessed that they were not in a jDosition to pay anything, the respondent was given half his costs out of the fund in Court. [See sect. 6 of 31 & 32 Vict. c. 125.] Where the respondent asks for relief luider sect. 23 of this Act, he must in general pay the costs of obtaining it. [Stepney case, 1892, 4 O'M. & H. 184.) Where the judges differed on certain charges, the respon- dent was declared duly elected, the i')etitioner pajdng the resjiondent's costs, except as to those charges on which the judges differed. As to those, no costs. {Montgomery Boroughs case, 4 O'M. & H. 170.) (?•) This is a limitation on the discretion which the Court had under sect. 41 of the Parliamentary Inflections Act, 1868 (31 & 32 Vict. c. 125). By that section, "All costs, charges, and exj)enses of and incidental to the presentation of a petition under this Act, and to the jiroceedings consequent thereon, with the exception of such costs and exiienses as are by this Act otherwise provided for, shall be defrayed by the parties to tlie petition in such manner and in such proportions as Proceedings on Election rExnioN. 95 the Court or judge may determine, regard being had to the disallowance of any costs, charges, or expenses which may, in the opinion of the Court or judge, have been caused by vexatious conduct, unfounded allegations, or unfounded ob- jections on the part of the petitioner or respondent, and regard being had to the discoui'agement of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or not on the whole successful. The costs may be taxed in the prescribed manner, but accorrling to the same prin- ciples as costs between attorney and cHent are taxed in a suit in the High Court of Chancery, and such costs may be recovered in the same manner as the costs of an action at law, or in such manner as may be prescribed." On an application by petitioner's counsel for costs on the higher scale. Cave, J., said: — "The difference between the two scales only comes to about 1 per cent. The costs in election petitions are taxed by the master who deals with election j^etitions generally, and he will tax them on the usual scale, which does not differ substantially from the other sca^e." [Hexham case. 4 O'M. & H. 151. Cf. East Man- chester case, 4 O'M. & H. 122.) See Eules of the Supreme Court, 1883, Ord. LXV., rules 8 and 9, by which costs are taxed on the lower scale, unless on special grounds arising out of the natui'e and importance or the difficulty or urgency of the case the Coiu't or judge shall order them to be taxed on the higher scale. See notes illus- trating such special grounds under the said rule 9 in the Annual Practice. An election petition is business which in its nature requires a great deal of inconvenient and unusual attention on the part of a solicitor, since it is of a kind in which he is necessarily very seldom engaged, and further it entails the examination of novel documents. It is, moreover, of great importance, as is shown by the duty of dealing with it being cast upon two judges of the High Court, and clearly involves great interests. Taking into account, therefore, the difficulty with which it is accompanied, the Court held in ^q Devonport case, 54 L. T. N. S. 733, that costs ought to be allowed on the higher scale. Cf. MdiiUjomery Boroughs case, 4 O'M. & H. 170. For dif- ference between the two scales, see Appendix N. The Court has power to lower the costs apparently, even to county court costs. [Devonport case, ubi supra.) (s) See Ord. LXY. rule 29. The Court of Chancery had (and the High Coui't now has), in matters of equitable juris- diction, a general and discretionary power to give to a sue- 96 Cork, akd III. Pract. Pre v. Act, 1883. Miscellaneous. Inquiry by 45^ Wliere information is sriven to the Director Director n t-> i t -r> • -i of Public of Public Prosecutions that any corrupt or illegal tionrinto Practices have prevailed in reference to any election, alleged it shall be his duty, subject to the regulations under illegal the Prosecution of Offences Act, 1879 (^), to make practices. g^Qj^ inquiries and institute such prosecutions as the circumstances of the case appear to him to require. Removal 46. Where a person has, either before or after pacity on ^^6 commencement of this Act, become subject to proof that ^ny incapacity under the Corrupt Practices Preven- procured tion Acts {u) OX this Act, by reason of a conviction l>y per- Qj. q£ g^ report of any election court {x) or election commissioners (.^■), 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 may apply to the High Court, and the Court, if satis- fied that the conviction or report so far as respects such person was based upon perjury, may order that such incapacity shall thenceforth cease, and the same shall cease accordingly. cessful party costs as between solicitor and client. (See Andrews v. Barnes, 39 C. D. 133.) And in the KenniiKjton case, 4 O'M. & H. 95, the respon- dent's counsel aiiplied for costs, and referred to this section, stating that it was the practice of the taxing masters not to tax costs as between solicitor and client without some expres- sion from the Coiu't. The Court, thinking it a case for a full indemnity, made an order giving the respondent his costs as between solicitor and client. (t) 42 & 43 Vict. c. 22. (u) See sect. 05 (1) and the Third Schedule. («) Defined by sect. 64. Miscellaneous. 97 47. (1.) Every county shall be divided into poll- Amend- ing districts, and a polling place shall be assigned to la-w as to each district in such manner that, so far as is reason- P?^^^ . , , . . , districts ably practicable, every elector resident m the county and poll- shall have his polling place within a distance not ex- ^^^ ^ *°^^' ceeding three miles from his residence, so nevertheless that a polling district need not in any case be con- stituted containing less than one hundred 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. (3.) The power of dividing a borough into polling districts vested in a local authority by the Repre- sentation of the People Act, 1867 (y), 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 district, and the said local authority shall from time to time, where necessary for the purpose of carrying this section into effect, divide the borough into poll- ing districts in such manner that — (a) Every elector resident in the borough, if other than one hereinafter mentioned, shall be enabled to poll within a distance not exceeding one mile {y) Eepresentation of the People Act, 1867 (30 & 31 Yict. c. 102), s. 34. J. H 98 CoRR. AKD III. Pract. Pre v. Act, 1883. from his residence, so nevertheless that a polling district need not be constituted containing less than three hundred electors ; and (b) Every elector resident in the boroughs of East Eetford, Shoreham, Cricklade, Much Wenlock, and Aylesbury, shall be enabled to poll within a distance not exceeding three miles from his residence, so nevertheless that a polling district need not be constituted containing less than one hundred electors. (4.) So much of section five of the Ballot Act, 1872(2), and the enactments amending the same as is in force and is not repealed by this Act, shall apply as if the same were incorporated in this section. (5.) The expenses incurred by the local authority of a county or borough under this or any other Act in dividing their county or borough into polhng districts, and, in the case of a county, assigning polling places to such districts, 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 enactments respecting the registration of electors in such county or borough (a), and those enactments, so far as is consistent with the tenor thereof, shall apply accordingly. (z) Tho Ballot Act, 1872 (35 & 30 Vict. c. 33). The part of the section repealed is from the beginning to " one hun- dred registered electors." (See the Eifth Schedule to this Act. J (a) See the Parliamentary Eegistration Act, 1843 (6 & 7 Vict. c. 18), s. 57. Miscellaneous. 99 48. Where the nature of a county is such that Convey- any electors residing therein are unable at an election voters by for such county to reach their polling place without sea m , 7 p 1 • * certain crossing the sea or a branch or arm thereof, this Act cases. sball not j)revent the provision of means for convey- ing 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 ex- penses allowed by this Act. 49. Notwithstanding the provisions of the Act Election 15 & 16 Yiet. cap. 57, or any amendment thereof , ^'jQ^ej-g ^q^. in any case where, after the passing of this Act, any *« inquire commissioners have been appointed, on a joint address tions be- of both Houses of Parliament, for the purpose of ^°^^ ^^^ . . passing 01 miaking inquiry into the existence of corrupt practices this Act. 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 commissioners, 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 {b) at or in relation to any election prior to the passing of this Act : Provided that nothing herein {h) "For tlie purpose of proving tlie commission of any coiTupt practice." But where petitioner's counsel asked a ■witness in cross-examination, "Are you the man ■who •was reported, for corruptly treating voters, by the Election Com- missioners?" Denman, J., would not allo-w an objection to this question. " I do not think," he said, " that the section means to prevent the asking of such a question as this, viz., ■whether he is the same person." {Norwich case, 4 O'M. & H. 90.) h2 100 CoKR. AND III. Pract. Prev. Act, 1883. contained shall affect any proceedings that shall be pending at the time of such passing. Legal Proceedings, Trial in 50. Where an indictment as defined by this Act Criminal for any offence under the Corrupt Practices Pre- Court of Yention Acts (c) or this Act is instituted in the High ment for Court or is removed into the High Court by a writ pr^^ice at ^^ certiorari issued at the instance of the Attorney- instance of General, and the Attorney- Greneral suggests on the General, part of the Crown that it is expedient for the pur- poses of justice that the indictment should be tried in the Central Criminal Coui't, 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 indictment shall be so tried upon such terms as the Court 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. Limita- 51. (1.) A proceeding against a person in respect time for ^f the offence of a corrupt or illegal practice or any prosecu- other offence under the Corrupt Practices Prevention tion of . . , offence. Acts or this Act shall be commenced within one year after the offence was committed, or if it was com- mitted 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 (c) " Corrupt Practices Prevention Acts." Wliat this means is explained in the third schedule to this Act. (See sect. 65 (1).) Legal Proceeuixgs. 101 was committed, or within three months after the report of such commissioners is made, whichever period last expires, so that it be commenced within two years after the offence was committed, and the time so limited bj this section shall, in the case of any proceeding under the Summary Jurisdiction Acts for any such offence, whether before an election court or otherwise, be substituted for any limitation of time contained in the last-mentioned Acts. (2.) For the purposes of this section the issue of a summons, warrant, writ, or other process shall be deemed to be a commencement of a proceeding, where 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 execution of the same on or against the alleged offender, and not the issue thereof, shall be deemed to be the commencement of the proceeding. 52. Any person charged with a corrupt practice {d) Persons may, if the circumstances warrant such finding, be charged found guilty of an illegal practice (which offence corrupt shall for that purpose be an indictable offence) , and ^^j ^^ any person charged with an illegal practice may be found found guilty of that offence, notwithstanding that illegal the act constituting the offence amounted to a corrupt P^^*^*!^^- practice, and a person charged with illegal payment, (fZ) " Charged with a corrupt practice.'''' Not a sufficient description of an offence in an indictment. (See Beg. \. Stroulger, 11 Q. B. D. 327; and see the next section (sect. 53) and note thereunder.) 102 CoRR. AND III. Pract. Prev. Act, 1883. Applica- tion of enact- ments of 17 & 18 Vict. c. 102, and 26 & 27 Vict. c. 29, re- lating to prosecu- tions for bribery. 17 & 18 Vict. c. 102. 26&27 Vict. c. 29. employment, or hiring, may be found guilty of that offence, notwithstanding that the act constituting the oifence amounted to a corrupt or illegal practice. 53. (1.) Sections ten, twelve, and thirteen of the Corrupt Practices Prevention Act, 1854, and section six of the Corrupt Practices Prevention Act, 1863 (which relate to prosecutions for bribery and other offences under those Acts), shall extend to any pro- secution on indictment for the offence of any corrupt practice (e) within the meaning of this Act, and to any action for any pecuniary forfeiture 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 ten may be made on the defendant ; but the Director of public prosecutions or any person insti- tuting 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 security. (2.) On any prosecution under this Act, whether on indictment or summarily, and whether before an (e) " The offence of any corn;pt practice." But " cornipt practice" is not a suflici(3nt description of an offence in an indictment. (See Jley. v. Strouhjer, 17 Q. B. D. ;}27.) In that case, the i)risoner ■was tried and convicted on an indict- ment alleging that at the parliamentary election for Ipswich he was guilty of corrupt j^ractices, against the form of the statute, &c. The majority of the Court held that the indict- ment was defective, bocauso it did not state s2)ecifically of what coiTupt practices the prisoner was guilty, but that the defect was cured by verdict. Legal Proceedings. 103 election court or otherwise, and in any action for a pecuniary forfeiture under this Act, the person prose- cuted or sued, and the husband or wife of such per- son, may, if he or she think fit, be examined as an ordinary witness in the case. (3.) On any such prosecution or action as afore- said it shall be sufficient to allege tliat the person charged was guilty of an illegal practice, payment, employment, or hiring within the meaning of this Act, as the case may be, and the certificate of the returning ofiicer at an election that the election men- tioned 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 Prosecu- • , . T i_ 1 • tion on on summary conviction may be prosecuted m manner summary provided by the Summary Jurisdiction Acts (/). conviction, (2.) A person aggrieved by a conviction by a to quarter court of summary jurisdiction for an offence under ^®^'*^°^' this Act may appeal {g) to general or quarter sessions against such con"\iction. 55. (1.) Except that nothing in this Act shall Applica- ■ 1 . 1 • / • > • tion of authorise any ai:)peal against a summary conviction Summary by an election court (Ji), the Summary Jurisdiction Jurisdic- Acts shall, so far as is consistent with the tenor indictable thereof, apply to the prosecution of an offence sum- Offences Acts to (/) " Summary Jurisdiction Acts." (11 & 12 Yict. c. 43, and 42 & 43 Vict. c. 49.) ((/) Cf. also 20 & 21 Vict. c. 43, s. 14, and 42 & 43 Vict. c. 49, s. 33. (A) " Election Court." See sect. 64. 104 CoRR. AND III. Pract. Prev. Act, 1883. proceed- marily "before an election court, in like manner as if iiiffs before .. pp • i i i i election it were an onence punisnable only on summary con- courts, viction, and accordingly the attendance of any person may be enforced, the case heard and determined 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 56. (1.) Subject to any rules of court, any juris- dictim^of diction vested by this Act in the High Court may, High so far as it relates to indictments or other criminal making of proceedings, be exercised by any judge of the Queen's rules of }3ench Division, and in other respects {k) 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 Judicature in manner directed by and subject to an appeal to the said judges. (0 11 & 12 Vict. c. 4'2, and 30 & 31 Vict. c. 35. (k) Thus, a judge who is not on the rota of election judges has no jurisdiction to make an order giving leave to amend the petiti(m under sect. 40 of this Act. {Poiitefract case, W. N. May 1893, and 02 L. J. Q. B. 375.) Legal Proceedings. 105 Provided that a master shall not exercise jurisdic- tion in the case either of an order declaring any act or omission to be an exception from the provisions of this Act with respect to illegal practices, payments, employments, or huings, or of an order allowing an excuse in relation to a return or declaration respect- ing election expenses. (2.) Rules of court may from time to time be made, revoked, and altered for the purposes 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 {m) . 57. (1.) The Dii-ector of public prosecutions in Director performing any duty under this Act shall act in pro^^u° accordance with the regulations under the Prosecu- tions. and tion of Offences Act, lb79 (;?), and subject thereto in of prosecu- accordance with the directions (if any) given to him *^^^^' by the Attorney-Greneral ; and any assistant or repre- vict. c. 22. sentative of the Director of public prosecutions in {I) Cf. e.g. 42 & 43 Vict. c. 75. (m) See sect. 17 of the Appellate Jurisdiction Act, 1876 (39 & 40 Vict. c. 59), and sect. 19 of the Judicature Act, 1881 (44 & 45 Vict. c. 68). The authority is, " any five or more of the following persons, of whom the Lord Chancellor shall be one, viz. : the Lord Chancellor, the Lord Chief Justice of England, the Master of the Eolls, the President of the Pro- bate, Divorce and Admiralty Division of the High Court of Justice, and four other judges of the Supreme Court of Judi- cature, to be from time to time appointed for the purpose by the Lord Chancellor in writing under his hand, such appoint- ment to continue for such time as shall be specified therein." {n) 42 & 43 Vict. c. 22. 106 CoRR. AND III. Pract. Prev. Act, 1883. 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 punishable 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. Recovery gg^ ({_•) "Where any costs or other sums (not being payable by costs of a prosccution on indictment) are, under an county ^r^ Order of an election court (o), or otherwise under this by person. 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 were expenses of election commissioners paid by them, 32 & 33 and the Election Commissioners' Expenses Acts, 1869 ^r&ss^ 'and 1871, shall apply accordingly as if they were Vict. c. 61. Jiereiu 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 person to the person or persons to whom they are to be paid, and if payable to the Commissioners of Her Majesty's (o) " Election Coui't." See sect. 64. Supplemental Provisions, Definitions, Etc. 107 Treasury shall be a debt to Her Majesty, and in either case may be recovered accordingly. Supplemental Provisions, Definitions, Savings, and Repeal. 59. (1.) A person who is called as a witness Obligation respecting an election before any election court {p) °^ ^^^gr shall not be excused from answering any question and certi- relating to any offence at or connected with such indemnity, 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 {q) to receive a certi- ficate of indemnity under the hand of a member of the court stating that such witness has so answered : and (b) an answer by a person to a question put by or before any election court shall not, except in the case of any criminal proceeding for perjury in respect of such evidence, be in any proceeding, (^j) " Election Court " defined by sect. 64. {(f) "Entitled." See Reg. v. Holl (7 Q. B. D. 575), in wliicli it was decided under sect. 7 of 26 & 27 Vict. c. 29 (now repealed), that where election commissioners have, with reference to a witness before them on the inquiry which they were appointed to make, exercised their judgment as to the right of such witness to receive a certificate, their decision refusing such certificate is conclusive and cannot be reviewed by mandamus. 108 Cork, asd III. Pract. Prey. Act, 1883. 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 Practices 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 having cognisance 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 proceeding. (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. (5.) Where a solicitor or person lawfully acting as agent for any party to an election petition re- specting any election for a county or borough 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 petition. (r) See the third Schedule to this Act. (s) "Election Commissioners " defined by sect. 64. Supplemental Provisions, Definitions, Etc. 109 60. An election court or election commissioners (t), Submis- wlien reporting that certain persons have been guilty report of of any corrupt or illegal practice, shall report whether election those persons have or not been furnished with certi- commis- ficates of indemnity ; and such report shall be laid Att^me''^- before the Attorney- General (accompanied in the case General, of the commissioners with the evidence 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 pro- secution. 61. (1.) Section eleven of the Ballot Act, 1872 (n), Breach of shall apply to a returning officer or presiding officer *^^*^ ^^ or clerk who is guilty of any wilful misfeasance or 35 & 36 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 ninety-seven of the Parliamentary q vict. Registration Act, 1843 (j^), shall apply to every ^- ^^• {t) See sect. 64. (it) By the section cited, "Every returning officer, presid- ing officer and clerk who is guilty of any wilful misfeasance, or any wilful act or omission in contravention of this Act, shall, in addition to any other penalty or Hability to which he may be subject, forfeit to any person aggrieved by such misfeasance, act or omission, a penal sum not exceeding lOOZ." (x) By the section cited, parties wilfvxlly contravening that Act " shall for every wilful misfeasance, or wilful act of com- mission or omission contrary to this Act, forfeit to any party aggrieved the penal sum of 100?., or such less sum, as the jury, before whom may be tried any action to be brought for the recovery of the before-mentioned sum, shall consider just to be paid to such party, to be recovered by such party, with full costs of suits, by action for debt in any of her Majesty's Superior Courts : provided always, that nothing hereia con- 110 Cork, and III. Pract. Prey, Act, 1883. registration officer wlio is guilty of any wilful mis- feasance or wilful act of commission or omission contrary to tliis Act in like manner as if the same were contrary to the Parliamentary Pegistration Act, 1843. Publica- 62. (1.) Any public notice required to be given service of ^J the returning officer under this Act shall be given notices. j^ ^]-^q manner in which he is directed by the Ballot Vict. c. 33. ^ct, 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 showing cause, or being heard by him- self, before any court or commissioners, for any purpose of this Act, such summons, notice, or docu- ment 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 commis- sioners, in such other manner as the court or com- missioners may direct, and in proving such service by post it shall be sufficient to prove that the letter was prepaid, properly addressed, and registered with the post office. tainod shall be construed to supersede any remedy or action against any returning officer according to anj-- law now in force." Supplemental Provisions, Definitions, Etc. Ill (3.) In the form of notice of a parliamentary elec- tion set forth in the Second Schedule to the Ballot Act, 1872, the words " or any illegal practice " shall be inserted after the words " or other corrupt prac- tices," and the words the " Corrupt and Illegal Prac- tices Prevention Act, 1883," shall he inserted after the words "Corrupt Practices Prevention Act, 1854." 63. (1.) In the Corrupt Practices Prevention Definition Acts, as amended by this Act, the expression " can- ^^tT^and didate at an election" and the expression *' candidate" saving for respectively mean (?/), unless the context otherwise (?/) This section was explained in the Xorwich case (4 0"M. & H. 84). It was proved in that case that two meetings had heen held to ask the respondent to stand, and a requisition to him for that pvu'2?ose had been carried round. The expenses of such meetings and requisition were held not to be expenses of the candidate returnable under sect. 28. But it would be incorrect to say that there may not be such a thing as a person who is elected, and in whose case an illegal act was committed before the dissolution or vacancy, who might be a " candidate" within the meaning of this section. " I read the section," says Denman, J., "as dividing the persons who are to be considered ' candidates ' into two classes — one is the successful candidate, i.e., the person who is elected ; and the other is the unsuccessful candidate, the person who is only nominated or declared by himself or by others to be a candidate on or after the day of the issue of the writ, or after the dissolution or vacancy." And, where the charge is that a voter was retained and employed by the respondent for the pm3)ose of the election, it is no answer to say that such employment took place before the respondent had been actually selected as a can- didate. It would have been very dangerous not to have included this payment in his election expenses. [Stepney case, 1886, 4 O'M. & H. 38 ; cf. 35 & 36 Vict. c. 33 (The BaUot Act, 1872), s. 25.) When a man begins to inciir expenses with regard to an election, there is nothing to prevent his appointing an elec- 112 CoRR. AND III. Pract. Prev. Act, 1883. nominated requires, any person elected to serve in Parliament at ■without 1 1 i • 1 1 • • 1 1 consent, such election, and any person wiio 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 writ for such election, or after the dissolution or vacancy in consequence of which such writ has been issued ; (2.) Provided that where a person has been nomi- nated 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 nomina- tion or declaration or has been elected ; and (b) If he was so nominated or declared, either without his consent or in his absence and he takes no part in the election, he may, if he thinks fit, make the declaration resjDccting election ex- penses 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 tion agent. In some cases, canvassers are set to work and committeos formed long before the dissolution or issue of the wi'it. If those expenses are not to be returned as election expenses, the words of the Act as to the maximum amount of expenditure are set at naught. [Rochester case, 4 O'M. & H. 157.) Evidence at any rate of what has passed before the disso- lution is admissible ; and throws a very strong light on what takes place afterwards. {Montgomery Boroughs case, 4 O'M. & H. 1G9 ; and cf. Aylesbury case, hi. 62.) Supplemental Provisions, Definitions, Etc. ll-'i incurred on account of or in respect of the conduct or management of the election in like manner as if the candidate had been nominated or declared with his consent. 64. In this Act, unless the context otherwise General interpre- requires— ^ tation of The expression " election " means the election of a terms, member or members to serve in Parliament : The expression " election petition " means a peti- tion presented in pursuance of the Parliamen- 31 & 32 tary Elections Act, 1868, as amended by this c. 125. Act: The expression " election court " (s) means thejudges 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 ajppointed in pursuance of the Election Commissioners Act, 1852, and the 15 & I6 , , T -1 Vict. c. 57. enactments amending the same : The expression " High Court " {a) 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 the Summary Jurisdiction Act, 1879 : The expression " the Attorney General " includes (2) The Coiu't wliich presides at an election now consists of two judges by tlie Parliamentary Elections and Corrupt Prac- tices Act, 1879 (-42 & 43 Vict. c. 75), s. 2. (a) Judicature Act, 1873 (36 & 37 Vict. c. 66), s. 4. 114 CoRR. AND III. Pract. Prev. Act, 1883. the Solicitor Greneral in cases wliere tlie office of the Attorney Greneral is vacant or the Attorney General is interested or otherwise unable to act : The exj)ression " registration officer " means the clerk of the peace in a county, and the town clerk in a borough, as resjDcctively defined by the enactments {h) 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 en- titled to vote at the election with reference to which the expression is used : The expression" register of electors " (c) means the said register roll or book : The expression "polling agent" means an agent of the candidate appointed to attend at a polling H ^ ^^ station in pm'suance of the Ballot Act. 1872, or Vict, c 33 ' of the Acts therein referred to or amending the same : (b) See The Parliumerdarii Registration Act, 1843 (6 & 7 Vict. c. 18), s. 101, by which the words " clerk of the peace" comprehend and apply to any deputy or other j^erson execut- ing the duties of such " clerk of the peace," and the words "town clerk," except in regard to the cities of London and Southwark, extend to and mean any person executing the duties of " town clerk," or if in any city or borough there shall be no such officer as town clerk, then to any olHcer exe- cuting the same or like duties as usually devolve upon the " town clerk," or if in any city or borougli there sliall be no such person, then to the rotvirning oflicer of such city or borough, or to such person as the returning officer might ai^point for that pur])ose. (c) " Register of electors." ScG Par liamentarjj Rcfjistration Act, 1843 (G & 7 A^ict. c. 18), s. 3, and following sections. Supplemental Provisions, Definitions, Etc. 115 The expression " person " includes an association or body of persons (d), corporate or unincorpo- rate, and where any act is done by any such association or body, the members of such asso- ciation or body who have taken part in the com- mission of such act shall be liable to any fine or punishment imposed for the same by this Act : The expression " committee room " shall not in- clude 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, committeemen, or others : The expression " public ojEfice " means any office under the Crown or under the charter of a city or municipal borough or under the Acts relating to Municii^al Corporations or to the Poor Law, or under the Elementary Education Act, 1870, 33 & 34__ or under the Public Health Act, 1875, or under 38 & 39 any Acts amending the above-mentioned Acts, ^^^^' ^' "*' or under any other Acts 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, chair- man, alderman, councillor, guardian, member of (d) Witli regard to "associations," &c., as agents, see note on the Parliamentary Law of Agexcy on p. 163. i2 116 CoRR. AND III. Pract. Prev. Act, 1883. a board, commission, or other local authority in any county, city, borough, union, sanitary dis- trict, 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 any other muni- cipal, or parochial office ; and the exj^ressions " election," " election petition," "election court," and "register of electors," shall, where ex- pressed to refer to an election for any such public office, be construed accordingly : 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 : The expression "indictment" includes information: The expression " costs " includes costs, charges, and expenses : The expression " payment " includes any pecuniary or other reward (c) ; and the expressions " pecu- niary reward " and " money " shall be deemed to include any office, place, or employment, and (e) Thus, refreshments may bo payment. (Barrow-in- Furness case, 4 O'M. & H. 82.) Supplemental Provisions, Definitions, Etc. 117 any valuable security or other equivalent for money, and any valuable consideration, and ex- pressions referring to money shall be construed accordingly : 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 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 short 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 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 enactment which at the commencement of this Act is repealed, 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 com- mencement of this Act, and any person subject to 118 Cork, and III. Pract. Peev. Act, 1883. Cum- mcnce- ment of Act. any incapacity under any enactment hereby repealed 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. 67. This Act shall come into operation on the 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. Applica- tion of Act to Scotlancl . Application of Act to Scotland. 68. This Act shall apply to Scotland, with the following modifications : (1.) The following expressions shall mean as foUows : The expression " misdemeanour " shall mean crime and offence : The expression " indictment" shall include criminal 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 : The expression " registration officer " shall mean an assessor under the enactments relating to the registration of parliamentary voters : The expression " municipal borough" shall include Application of Act to Scotland. 119 royal burgh and biu-gli of regality and burgli of barony : The expression " Acts relating to municipal corpo- rations" shaU include the Greneral 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 (Scotland) 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 petition of a representative of the Director of public prosecutions shall not apply to Scotland, and in place thereof the following pro- visions shall have effect : (a) At the trial of every election petition in Scot- land 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 part of his official duty, and shall give all necessary assistance to the judge (/) 27 & 28 Yict. c. 53, and 44 & 45 Yict. c. 33. 120 Cork, and III. Pract. Prev. Act, 1883. witli respect to the citation of ■witnesses and re- covery of documents : (b) If the judge 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 or, 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 thereto, and the Com-t 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 jiowcrs to make acts of adjoiu-nal regulating the procedure in appeals to the circuit court under this Act. (G.) All offences under this Act punishable on Application of Act to Scotland. 121 summary conviction may be prosecuted in the sheriff court in manner provided by the Summary Jurisdic- tion Acts, and all necessary jurisdictions are hereby conferred on sheriffs, (7.) The authority given by this Act to the Direc- tor of public prosecutions in England shall in Scot- land 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 25 & 26^ _ " the Public Houses Acts Amendment (Scotland) 39 & 40 Act, 1862," and " The Pubhcans' Certificates (Scot- ^ict. c. 26. land) Act, 187G," and the Acts thereby amended and therein recited. (9.) The expression "register of licences" shall mean the register kept in pursuance of section twelve of the Act of the ninth year of the reign of King George the Fourth, chapter fifty-eight. (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 (g), and to the Elementary Education (Scotland) Act, 1872 (h). (11.) Any reference to the Parliamentary Elec- tions Eeturning Officers Act, 1875, shall not apjjly. (12.) 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 (^f) 30 & 31 Vict. c. 101. {h) 35 & 36 Yict. c. 62. 122 Cork, and III. Pract. Prev. Act, 1883. enacted that tlie 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. (13.) 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 exercised by the Lord Justice Greneral. (14.) Any reference to the Attorney- Greneral shall refer to the Lord Advocate. (15.) The provisions with respect to the removal of cases to the Central Criminal Court or to the trial of cases at the Eoyal Courts of Justice shall not apply. 24&25 (16.) Section thirty-eight of the County Voters ' Pegistration (Scotland) Act, 1861, shall be substi- tuted for section ninety-seven of the Parliamentary Registration Act, 1813, where reference is made to that section in this Act. (17.) The provision of this Act with regard to costs shall not apply to Scotland, and instead thereof the following provision shall have effect : The costs of petitions and other proceedings under " The Parliamentary Elections Act, 1868," and under this Act, shall, subject to any regulations which the Com-t 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. i Application of Act to Ireland. 123 Appliccdion of Act to Ireland. 69. This Act shall apply to Ireland, "with the Applica- p n . TO i • tiou of Act lOilOWing mOOincatlOnS : to Ireland. (1.) No person shall be tried for any offence against this Act under any of the provisions of the Prevention of Crime (Ireland) Act, 1882. 4.5 k 4G _ (2.) The expression " Summary Jurisdiction Acts " ^^ '^' ''' means, with reference to the Dublin Metropolitan 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 Sessions u & 15 (Ireland) Act, 1851, and any Acts amending ^^^*- ^- ^^• the said Act. (3.) Section one hundred and three of the Act of the session of the thirteenth and fourteenth years of the reign of Her present Majesty, chapter sixty-nine, shall be substituted for section ninety- seven of the Parliamentary Eegistration Act, 1843 (i), 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, himself publish the same in the manner in which he publishes (/) G & 7 Vict. c. 18. 124 Cork, and III. Pract. Prev. Act, 1883. the lists referred to in the twenty-first and the thirty-third sections of the Act of the session of the thirteenth and fourteenth years of the reign of Her present Majesty, chapter sixty-nine ; and shall also in the case of every person in the corrupt and illegal practices list enter " objected to " against his name in the 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. (5.) 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 G-reat Britain. (8.) The Attorney-General for Ireland shall be substituted for the Director of Public Prosecu- tions, and the reference to the prosecution of the Offences Act, 1879, shall not apply. (9.) The provisions of this Act relative to polling districts shall not apply to Ireland, but in the county of the town of Gralway there shall be a polling station at Barna, and at such other places within the parliamentary borough of Galway as the town commissioners may appoint. (10.) Any reference to Part IV. of the Municipal Corporations Act, 1882, shall be construed to refer Application of Act to Ireland. 125 to the Corrupt Practices (Municipal Elections) Act, 1872 (A-). (11.) Any reference to the Licensing Acts shall be construed to refer to the Licensing Acts (Ireland), 1872-1874 (/). (12.) The Public Health (Ireland) Act, 1878 shall 4i & 42 ^^ be substituted for the Pubhc 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 the Royal Courts of Justice, shall not apply to Ireland. Continuance. 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 con- tinued by Parhament {m) ; and such of the Corrupt Practices Prevention Acts as are referred to in Part One of the Third Schedule to this Act shall continue in force until the same day, and no longer, unless continued by Parliament. (A-) 35 & 36 Vict. c. 60. {l) 35 & 36 Vict. c. 94, and 37 & 38 Vict. c. 69. (m) The Act lias been continued by Parliament from year to year by the Expiring Laws Continuance Acts, 1884 — 1893 (47 & 48 Vict. c. 53 ; 56 & 57 Vict. c. 51). 126 CoRR. AND III. Pract. Prev. Act, 1883. SCHEDULES. FIEST SCHEDULE. Part I. Pei'sotis Legally Employed for Payment. (1.) One election agent and no more. (2.) In counties one deputy election agent (in this Act referred to as a sub-agent) to act witlain each polling district and no more. (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 ex- ceeding 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 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. (5.) In a county for the central committee room one clerk and one messenger, or if the number of electors in the county exceeds five thousand, then a number of («.) Whore the election agent was a solicitor, and lio em- ployed one of his regular clerks, paying him no additional salary, for work in connection with the election, the Court said that ho was not a clerk within the meaning of this schedule. [Buch-vsc case, 4 CM. & II. IIG.) Schedules. 127 clerks and messengers not exceeding in number one clerk and one messenger for every complete five thou- sand electors in the county ; and if tliere is a number of electors over and above any complete five thousand or complete five thousands of electors, then one clerk and one messenger may be employed for such number, although not amounting to a complete five thousand. (6.) 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 com- plete five hundred electors in the polling district, and if there is a number of electors over and above any com- plete five hundred or complete five hundreds of electors, then one clerk and one messenger may be employed for such number, although not amounting to a com^ilete 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. (7.) Any such paid election agent, sub-agent, polling agent, clerk, and messenger may or may not be an elector but may not vote (o). , (8.) In the case of the boroughs of East Eetford, (o) A vote will be sti'uck off if the children of the voter are employed and paid as messengers by the candidate. [Stepney case, 1886, 4 O'M. & H. 159.) "Where M. volimtarily imdertook the duties of a sub-agent without any jjayment or reward, or promise of payment or reward, and when he voted he beheved he would receive none, but after the election was over the election agent, finding that he had a sui-plus, paid liim the sum of 26Z. as an honorarium, and five guineas for the use of his office, and M. did not tell him he had voted, this was held to be an illegal practice under sect. 9. (>S'. IF. Essex case, 2 T. L. E. 388.) 128 CoRR. AND III. Pract. Prev. Act, 1883. Shoreliain, Cricklade, Much AVenlock, and Aylesbury, the provisions of this part of this schedule shall apply as if such borough were a county. Part II. Legal Expe7ises in Addition to Expenses tinder Part I. (1.) Sums paid to the returning officer for his charges not exceeding the amount authorized by the Act 38 & 3£> Vict. c. 84. (2.) The personal expenses of the candidate. (3.) The expenses of printing, the expenses of adver- tising, and the expenses of publishing, issuing, and distributing addresses and notices {p). [p) In the Stepney case, 1886, 4 O'M. & H. 52, about twenty men were employed by the candidate's agent to dis- tribute on the i^oUing day, m the neighbom'hood of the poUing-stations, handbills twelve inches long by eight inches broad, headed " Stepney Election. Facts worth remembering at the poU." Six paragraphs followed about Mr. Isaacson's qualifications for election, concluding thus : — "Mr. Isaacson will be the winner if his friends will poll early and mark their voting jjapers thus." Then followed a copy of the ballot palmer, with Mr. Isaacson's name in very large letters, and his opponent's name in very small letters. There was a X after Mr. Isaacson's name. It was held by Denman, J. — dubitans, Field, J. — that these men were not employed to " (hstribute addresses or notices" within the meaning of the schedule. But Field, J., would not therefore hold that an illegal employment or jiayment under sect. 17 had been committed ; but looking at other parts of the Act, as sect. 18, he put a broader construction on the Act, and held that there was no niegal practice. Denman, J., held that there was illegal employment and payment, but condoned it under sect. 23. The Court agreed in the condemnation of any such practice as the endeavouring to mislead voters by giving them directions intended to mislead them. But where it was proved that persons had been paid for the distribution of certain documents relating to the respon- dent's candidature at the election, incluchng a letter from a 1 Schedules. 129 (4.) The expenses of stationery, messages, postage, and telegrams. (5.) The expenses of holding public meetings. (6.) In a borough the expenses of one committee room, and if the number of electors in the borough exceeds five hundred, then of a number of committee rooms not exceeding the number of one committee room for every complete five hundred electors in the borough, and if there is a number of electors over and above any complete five hundred or complete five hundreds of electors, then of one committee room for such number, although not amounting to a complete five hundred. (7.) In a county the expenses of a central committee room, and in addition of a number of committee rooms not exceeding in number one committee room for each polling district in the county, and where the number of electors in a polling district exceeds five hundred one additional committee room may be hired for every com- plete five hundred electors in such polling district over and above the first five hundred. statesman giving reasons "why he could not come, and so forth, the Coiu't held there was no illegal employment or payment vmder this section, but that such things come fairly within the meaning of "addresses and notices." Offensive pictures and statements niight be otherwise. The Court, however, has in general nothing to do with the contents of the documents. {Barrow-in-Furness case, 4 O'M. & H. 78.) As to bills, placards, and posters, these are not mentioned in the schedule ; but it is lawful to employ an advertisement contractor to exhibit a bill. See sect. 7 (3). "And there- fore," says Field, J., in the same case, "it must be equally lawful to take the bill to be exhibited, and it cannot be exhibited until it is printed, and it must be posted up, and the labour of doing all that involves an expense which must be borne by the candidate." J. 130 CoRR. AND III. Pract. Prey. Act, 1883. Part III. Maximum for Miscellaneous Matters. Expenses in respect of miscellaneous matters other than those mentioned in Part I. and Part II. of this schedule not exceeding in the whole the maximum amount of two hundred pounds, so nevertheless that such expenses are not incurred in respect of any matter or in any manner constituting an offence under this or any other Act, or in respect of any matter or thing, payment for which is expressly prohibited by this or any other Act. Part IV. Maximum Scale. (1.) In a borough the expenses mentioned above in Parts I., II., and III. of this schedule, other than per- sonal expenses and sums paid to the returning officer for his charges, shall not exceed in the whole the maxi- mum amount in the scale following : If the number of electors on the register — The maximum amount shall be — Does not exceed 2,000 . . . 350^. Exceeds 2,000 380;., and an additional 30/. for every complete 1,000 electors above 2,000. Provided that in Ireland if the number of electors on the register — The maximum amount shall be — Does not exceed 500 .... 200?. Exceeds 600, but does not exceed 1,000 250/. Exceeds 1,000, but does not exceed 1,500 275/. Schedules. 131 (2.) In a county the expenses mentioned above in Parts I., II., and III. of this schedule, other than per- sonal expenses and sums paid to the returning officer for his charges, shall not exceed in the whole the maxi- mum amount in the scale following : If the number of electors on tlie register — Tlie maximum amount shall be — Does not exceed 2,000 ... 650/. in England and Scotland, and 500/. in Ireland. Exceeds 2,000 710/. in England and Scotland, and 540/. in Ireland ; and an additional 60/. in England and Scotland, and 40/. in Ii-eland, for every complete 1,000 elec- ' tors above 2,000. P.UIT V. General. (1.) In the case of the horoughs of East Eetford, Shoreham, Cricklade, Much Wenlock, and Aylesbury, the provisions of Parts II., III., and IV. of this schedide shall apply as if such borough were a county. (2.) For the purposes of this schedule the number of electors shall be taken according to the enumeration of the electors in the register of electors. (3.) Where there are two or more joint candidates at an election the maximum amount of expenses mentioned in Parts III. and IV. of this schedule shall, for each of such joint candidates, be reduced by one-fourth, or if there are more than two joint candidates by one-third. (4.) Where the same election agent is appointed by or on behalf of two or more candidates at an election, or where two or more candidates, by themselves or any k2 132 Cork, and III. Pract. Prey. Act, 1883. agent or agents, hire or use the same committee rooms for such election, or employ or use the services of th,e same sub-agents, clerks, messengers, or polling agents at such election, or publish a joint address or joint circular or notice at such election, those candidates shall be deemed for the purposes of this enactment to be joint candidates at such election. Provided that — (a) The employment and use of • the same committee room, sub-agent, clerk, messenger, or polling agent, if accidental or casual, or of a trivial and unim- portant character, shall not be deemed of itself to constitute persons joint candidates. (b) Nothing in this enactment shall prevent candidates from ceasing to be joint candidates. (c) Where any excess of expenses above the maxi- mum allowed for one of two or more joint candi- dates 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 be- ginning 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 exj)enses. Schedules. • 1-3 3 SECOND SCHEDULE. Part I. Form of Declarations 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 hereb}^ solemnly and sincerely declare that I have examined the return of election expenses [about to be] transmitted by my election agent [or if the candidate is /lis ozcn election agent, " by me "] to the returning officer at the said election, a coj)y of which is now shown to me and marked , and to the best of my knowledge and belief that return is correct ; And I further solemnly and sincerely declare that, except as appears from that return, I have not, and to the best of my knowledge and behef 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 ; And I further solemnly and sincerely declare that I have paid to my election agent \_if the candidate is also his oivn election agent, leave out "to my election agent "J the sum of pounds and no more for the purpose of the said election, and that, except as specified in the said return, no money, security, or equivalent for money has to my knowledge or belief been paid, advanced, given, or deposited by anyone to or in the hands of my election agent [or if the candidate is his oivn election agent, " my- self "] or any other person for the purpose of defraying 134 Cork, and III. Pract. Prev. Act, 1883. any expenses incurred on my behalf on account of or in respect of the conduct or management of the said elec- tion ; And I further solemnly and sincerely declare that I will not, except so far as I may be permitted by law, at any future time make or be party to the making or giving of, any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be party to the providing of any money, security, or equivalent for money for the purpose of defraying any such ex- penses. 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 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 sin- cerely declare that I have examined the return of elec- tion expenses about to be transmitted by me to the returning officer at the said election, and now shown to me and niarked , 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, emplojTnent, or valuable Schedules. 135 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 elec- tion, and that, except as specified in the said return sent by me, no money, security, or equivalent for money has been paid, advanced, given, or deposited by anyone to me or in my hands, or, to the best of my knowledge and belief, to or in the hands of any other person for the purpose of defraying any expenses incurred on behalf of the said candidate on account of, or in respect of the conduct or management of the said election. Signature of 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 or Eettirn' of Election Expenses {q). 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 ivhere the candidate has named himself as election agent, "I, CD., candidate at the election for {q) No section in the Act makes all payments except those in this schedule illegal. Therefore, where a voter was paid five shillings for the loss of a hat at a public meeting, and the return of election expenses showed the payment in specific terms, the Coiu-t refused to hold the payment illegal, and the vote stood. {Stepney case, 1886, 4 O'M. & H. 39.) 136 CoRR. AND III. Pract. Prev. Act, 1883. " the county [_or Lorougli] of on the day "of , acting as my own election agent, make the " following return respecting my election expenses at " the said election "]. Receijits. Received of \jhe above-named candidate^ [^^"i where the candidate is his own election agent^ j- £ ''Paid by me"] - - - -J Received- of /.A'. - - - - £ \^Here set out the name and description of every person (r), club, society, or association, whether the candidate or not, from lohom any money, securities, or equivalent of money was received in respect of expenses incurred on account of or in connexion with or incidental to the aiove election, and the amount received from each person, club, society, or association separately.^ Expenditure. Paid to E.F., the returning officer for the said ^ county [^or borough] for his charges at the Y £ said election - - - - - J (r) Where there was an omission of these through inad- vertence, Pollock, B., said :—" The requirements of the schedule are of the greatest importance to carjy out the object and intention of the Act, viz., that the other side in the election and the public at large should be properly informed, in respect of every payment which is made, whether it be of one kind or the other." There was therefore a, prima facie case of illegal practice under sect. 33 ((5). But the Court excused it under sect. 34, having regard to the fact that there was nothing in the general account of a suspicious character, and to the fact that the Court were satisfied that there had been not only no money misspent, but that there had been no intention in j^assing this account to mislead anybody in this important jiarticular. [liiickrose case, 4 O'M. & ii. 119.) Schedules. 137 1 Personal expenses of the said C.D.^ paid by himself [or if the candidate is his own election agent, " Paid by me as candidate "] - Do. do. paid by me \or \ if the candidate is his own election agent, add j £ " acting as election agent "] - - -J Peceived by me for my services as election '\ agent at the said election [or if the candidate r £ is his own election agent, leave out this iteni^ -J Paid to G.H. as sub-agent of the polling dis- \ trict of . - - - j \_The name and description of each sub-agent and the sum paid to him must be set out separately.'] Paid to as polling agent - - £ Paid to as clerk for days services - £ Paid to as messenger for days services - £ [ The names atid descriptions (s) of every polling agent, clerk, and messenger, and the sum paid to each, must be set out separately either in the account or in a separate list annexed to and re- ferred to in the account, thus, "Paid to polling agent (or as the case may be) as per annexed Hst £ ."] Paid to the following persons in respect of goods supplied or work and labour done : To P. (2. (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 icork (s) A description must be given which would involve that by which they would be known, identified and distinguished from other persons. Obviously, therefore, their addi'ess and business should be given. {Norwich case, 4 O'M. & H. 91.) 138 Cork. III. and Pract, Prey. Act, 1883. and labour done hy each, must he set otit sepa- rately either in tlie account or in a separate list annexed to and referred to in the account.~\ Paid for postage . - - - £ Paid for telegrams - - - - £ Paid for the liire of rooms as follows : — For holding public meetings - - £ Por committee rooms - - - £ \_A room hired for a public meeting or for a committee room must be named or described so as to identify it; and the name and description of every person to xohom any payment was made for each, such room, together icith the amount paid, must be set out siparatcly either in the account or in a separate list annexed to and referred to in the account.~\ Paid for miscellaneous matters, namely — - £ [Z/ic name and description of each person to tvhom any sum is paid, and the reason for lohich it ivas paid to him, must he set otit separately either in the account or in a separate list annexed to and referred to in the account.'] In addition to the above, I am aware, as election agent for CD., [or if the candidate is his otvn electioti agent, leave out "as election agent for C.i)."] of the following disputed and unpaid claims ; namely,— Disputed claims. By T.U.ioY - - - - £ \_Here set out the name and descriptix)n of each person ichose claim is disputed, the amount of the claim, and the goods, ivork, or other matter on the ground of ivhich the claim is based.'] Schedules. 139 Unpaid claims allowed by the High Court to be paid after the proper time or in respect of which aj^plication has been or is about to be made to the High Court. BjM.O.ioT- - - - - £ \^Here state the name and description of each person to lohom any such claim is dtie^ and the amount of the claim, and the goods, tvorh, and labour or other matter on account of which the claim is due.^ (Signed) A.B. Part II. Form: of Declaration as to Expenses. Form for candidate tohere declared a candidate or nomi- nated in his absence and taking no part in the election. I, , having been nominated \or having been declared by others] in my absence [to be] a candidate at the election for the county or borough of held on the day of , do hereby solemnly and sincerely declare that I have taken no part whatever in the said election. And I further solemnly and sincerely declare that \or with the exception of ] I have not, and no person, club, society, or association at my expense has, made any payment or given, promised, or offered, any reward, office, employment, or valuable consideration, or in- curred any liability on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that \or with the exception of ] I have not paid any money 140 Cork, and III. Pract. Pkev. Act, 1883. or given any security or equivalent for money to tlie person acting as my election agent at the said election, or to any other person, club, society, or association on account of or in respect of the conduct or management of the said election, and that [or with the exception of ] I am entirely ignorant of any money security or equivalent for money having been paid, advanced, given, or deposited by any one for the purpose of de- fraying any expenses incurred on account of or in respect of the conduct or management of the said elec- tion. And I further solemnly and sincerely declare that I ■will not, except so far as I may be permitted by law, at any future time make or be party to the making or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be party to the providing of any money, security, or equivalent of money for the purpose of defraying any such ex- penses. 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 Schedules. 141 THIED SCHEDULE. Corrupt Practices Prevention Acts. Session and Chapter. Title of Act. Enactments referred to • as being: the Corrupt Practices Prevention Acts. 17 & 18 Vict. c. 102. 26';& 27 Vict. c. 29. 31 & 32 Vict. c. 125. 35 & 36 Vict, c. 33. 42 & 43 Vict, c. 75. Paet I. Temporary. TTie Corrupt Practices Pre- vention Act, 1854. An Act to amend and con- tinue the law relating' to corrupt practices at elections of members of Parliament. The Parliamentary Elections Act, 186S. The Ballot Act, 1872 30 & 31 Vict. c. 102. 31 & 32 Vict. 0. 48. 31 & 32 Vict, c. 49. 44 & 45 Vict. c. 40. The Parliamentary Elections and Corrupt Practices Act, 1879. Paet II. Permanent. The Representation of the People Act, 1867. The Representation of the People (Scotland) Act, 1868. The Representation of the People (Ireland) Act, 1868. The Universities Elections Amendment (Scotland) Act, 1881. The whole Act so far as Tinrepealed. The whole Act so far as uni'epealed. The whole Act so far as unrepealed. Part III. so far as unre- pealed. The whole Act so far as unrepealed. Sects. 11, 49, 50. Sects. 8, 49. Sects. 8, 13. Sub-s. 17 of sect. 2. defined. 142 CoRR. AND III, Pract. Prev. Act, 1883. Part III. (0- Enactments defining the Offences of Bribery and Personation. The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. c. 102. ss. 2, 3. Bribery s. 2. The following persons shall be deemed guilty of 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 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 voting, or shall corruptly do any such act as aforesaid on ac- count of such voter having voted or refrained from voting at any election : (i) The Corrupt Practices Prevention Act, 1883, adds nothing to the law of bribery and personation, except that — while defining " corrupt practice " under the Act in sect. 3 — it incorporates these definitions of bribery and personation from earlier Acts. The subjects of bribery and personation are not therefore proper to this book. The cases explaining the definition of bribery in sects. 2 and 3 of the Corrupt Practices Prevention Act, 1854, are collected in Eogers on Elections, 16th ed., vol. 2, p. 302, irnd are principally these: — Dover case, Wolferstan & Bristowe, 127 ; Lumbdh casCy AVolferstan & Dew, 129; Preston case, Wolferstan & Bristowe, 74 ; Coventry case, 1 O'M. & 11. 102 ; Bradford case, 1 O'M. & H. 32 ; Bristol case, sub tit. ; Britt v. Robinson, L. E. 5 0. P. 503; Eye case, 3 Power, Eodwell & Dew, 122; Belfast . case, 1 O'M. ■& II. 285; Oldham case, 1 O'M. & 11. 162; Malloio case, 2 O'M. & H. 21. Cf. also Parker's Powers, Duties and Liabilities of an Election Agent, 2nd cd., pj\. 380—404. Schedules. 143 (2.) Every 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 ac- count 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 agreement 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 elec- tion: (4.) Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise, or en- deavour to procure the return of any person to serve in ParKament, or the vote of any voter at any election : (5.) Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with 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 afore- said enactment shall not extend or be construed to 144 Cork, and III, Pract. Prev. Act, 1883. extend to any money paid or agreed to be paid for or on account of any legal expenses bona- fide in- curred at or concerning any election. Bribery s. 3. The following persons shall also be deemed defined g'^^l^J of briber}^, and shall be punishable accord- ingly :— (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 con- sideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election : (2.) Every person who shall, after any election, directly or indirectly, by himself or b}^ any other person on his behalf, receive any money or valu- able 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 Eepresentation of the People Act, 1867, 30 & 31 Yict. c. 102. s. 49 (m). Corrupt Any person, either -directly or indirectly, corruptly of^ rates to P^J^^S ^^J ^^^^ '^^ behalf of any ratepayer for the be punish- purpose of enabling him to be registered as a voter, bribery thereby to influence his vote at any future election, and («) See Beverley case, 1 O'M.- & H. 145 ; Oldliam case, 1 O'M. & H. 164 ; Taunton case, 1 O'M. & H. 183 ; Hastings case, 1 O'M. & H. 219; Cheltenham case, 1 O'M. & H. 63; Wifjau case, 1869, 1 O'M. & H. 190; Eogers on Elections, 16th cd., vol. 2, pp. 292—306. Schedules. 145 any candidate or other person, either directly or indi- rectly, 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 accord- ingly ; and any person on whose 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 Yict. c. 48, s. 49. Any person, either directly or indirectly, corruptly Corrupt paying any rate on behalf of any ratepayer for the payi^ent purpose of enabling him to be registered as a voter, be punish- thereby to influence his vote at any future election, and ^^^ ^^ T 1 1 -1 T 1 • T bribery, any candidate or other person, either directly or indi- rectly, 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 accord- ingly ; and any person on whose behalf and with whose privity any such payment as in this section mentioned is made shall also be guilty of bribery, and punishable accordingly. The Universities Elections Amendment (Scotland) Act, 1881, 44 & 45 Yict. c. 40, s. 2. 17. Any person, either directly or indirectly, corruptly Corrupt paying any fee for the purpose of enabling any person payment to be registered as a member of the general council, and tration fee thereby to influence his vote at any future election, and *« ^e pun- any candidate or other person, either directly or indi- bribery, rectly, paying such fee on behalf of any person for the 146 Cork, and III. Tract. Prey. Act, 1883. purpose of inducing h.im to vote or to refrain from voting, shall be guilty of bribery, and shall be punishable ac- cordingly ; 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. Persona- tion de- fined. The Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24 {x). A person shaK for all purposes of the laws relating to parliamentary and municipal elections be deemed to be guilty of the offence of personation who, at an elec- tion for a county or borough, or at a municipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person, or who, having voted once at any such election, applies at the same election for a ballot paper in his own name. FOUETH SCHEDULE. Short Titles. Session and Chapter. 15 & 16 Vict, c. 57. 26 & 27 Vict. c. 29. Long Title. An Act to provide for more effectual inquiry into the existence ■ of corrupt prac- tices at the election of mem- bers to serve in Parliament. An Act to amend and con- tinue the law relating to corrupt practices at elections of members of Parliament. Short Title. Election Commissioners Act, 1852. The Corrupt Practices Pre- vention Act, 1863. {x) Sco Htejpney case, 1886, 4 O'M. & H. 43 ; Eogcrs on Elections, 16th ed., vol. 2, pp. 140 — 152 ; Parker's Powers, Duties and Liabilities of an Election Agent, 2nd cd., pp. 434 — 336. Schedules. 147 FIFTH SCHEDULE. Enactments Repealed, 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 other- wise 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. 60 Geo. 3 & An Act for the better regula- Sect. 36. lGeo.4,c.ll. tion of polls, and for making further provision touching the election of members to serve in Parliament for Ire- land. 1 & 2 Geo. 4, An Act to regulate the ex- The whole Act except sect. 3. c. 58. penses of election of mem- bers to serve in Parliament for Ireland. 4 Geo. 4, 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 coun- ties of cities and counties of towns in Ireland. Sect. 82. l2 148 CoRR. AND III. Pract. Prev. Act, 1883. Session and Chapter. Title or Short Title. 17 & 18 Vict. c. 102. 21 & 22 Vict. c. 87. 26 & 27 Vict. c. 29. 30 & 31 Vict. c. 102. 31 & 32 Vict. 0. 48. 31 & 32 Vict. 0, 49. 31 & 32 Vict. 0. 58. 31 & 32 Vict. c. 125. The Corrupt Practices Pre- vention Act, 1854. An Act to continue and amend the Corrupt Practices Pre- vention Act, 1854. An Act to amend and con- tinue the law relating to corrupt practices at elections of members of Parliament. The Kepresentation of the People Act, 1867. The Representation of the People (Scotland) Act, 1868. The Representation of the People (Ireland) Act, 1868. The Parliamentary Electors Registration Act, 1868. The Parliamentary Elections Act, 1868. Extent of Repeal. Sect. 1. Sect. 2 from " and any person so offending " to "with full costs of suit." Sect. 3 from " and any per- son so offending" to the end of the section. Sects. 4, 5, 6. Sect. 7 from "and all payments" to the end of the section. Sects. 9, 14, 23, 36. Sect. 38 from "and the words personal ex- penses" to the end of the section ; and sect. 39 and Schedule A. The whole Act. The whole Act except sect. 6. Sect. 34 from " and in other boroughs the justices" to " greater part thereof is situate ;" and sect. 36. Sect. 25. Sect. 12. Sect. 18 from "the power of dividing their county" to the end of the section. So much of sect. 3 as relates to the definitions of " can- didate." Sects. 16, 33, 36. Sect. 41 from "but accord- ing to the same principles" to " the High Court of Chancery." Sects. 43, 45, 46,47. Sect. 58 from " the principles" down to "in the court of session," being 8ub-8. 16. Schedules. 149 Session arid Chapter. Title or Short Title. Extent of Repeal. 35 & 36 Vict. The BaUot Act, 1872 Sect. 5 from the beginning c. 33. down to " one hundred re- gistered electors." Sect. 24 from ' ' The offence of per- sonation or of aiding" to "hard labour," aud from ' ' The offenceof personation shall be deemed to be " to the end of the section. 42 & 43 Vict. The Parliamentary Elections Sect. 3, and Schedule. c. 75. and Corrupt Practices Act, 1879. 43 Vict. c. 18.. The Parliamentary Elections The whole Act except sects. and Corrupt Practices Act, 1,3. 1880. ( 151 ) NOTE PAELIAMENTAM LAW AS TO AGENCY. A MEMBER of Parliament loses his seat under this Act if he has been guilty of corrupt or illegal practices by agents. (Sects. 5, 11.) It is, therefore, of great importance to see what is the parliamentary common law as to agency, for the law of agency which would vitiate an election is a peculiar law of agency — utterly different, for instance, from that which would subject a candidate to a penalty or an indictment. {Norwich case (18fc)9), 1 O'M. & H. 10.) Principle of the Parliamentary Law as to Agents. — The principle is well summed up in the maxim, " Nemo COROXABITUR QUI NON LEGITIME CERTAVERIT." The posi- tion of a candidate at an election is like that of a yacht- owner in a race. When the owner goes aboard and finds captain and crew there, the very fact that he consents to sail with them makes them perforce his agents for the purpose of sailing the race in accordance with the laws of the course. And so, where the steersman aboard one yacht thwarts his opponent by declining to give way to the vessel that had a right to keep her wind, or where one of the crew hoists a sail not allowed by the rules of the 152 Parliamentary Law as to Agency. race, the owner of that yacht is disallowed the prize. This illustration has been frequently approved. (See Wentbury case, 1 O'M. & H. 55 ; Tamicorth case, id. 81 ; Coventry case, id. 107 ; Blackburn case, id. 202 ; Wigan case (1881), 4 O'M. & H. 11.) Lord Barcaple, in the Greenock case (1 O'M. & H. 251), distinguished three classes of cases: — (1) criminal cases, in which the prisoner must be proved personally guilty ; (2) civil cases, in which it is enough if the offence is caused by the person employed by the defendant doing the thing he is employed to do ; (3) election petitions, where, it being proved that a candidate is having his election carried on by a committee or certain canvassers, those canvassers do something which, if the candidate is responsible for it, will invalidate the election ; and it is held that he is responsible for it in the sense of making the election depend upon it. This statement of the law was approved by Blackburn, J., in the North Norfolk case, 1 O'M. & H. 241. What has to be proved to constitute agency for this purpose is that the person in question has been entrusted in some way or other by the candidate with some material part of the business of the election, which is performed, or which is supposed to be performed, by the candidate him- self. {Dungnnnon case, 3 O'M. & H. 101 ; cf. Wakefield case, 2 O'M. & H. 102 ; Aylesbury case, 4 O'M. & H. 62.) In such a case the candidate is responsible for the act of an agent, though he himself not only did not intend or authorise it, but even bojid fide did his best to hinder it. {Taunton case, 1 O'M. & H. 182; Barnstajjle case, 2 O'M. & H. 105.) The relation is, therefore, more on the principle of Parliamentary Law as to Agency. 153 master and servant than on that of principal and agent in the ordinary common law. (See Norivich case (1869), 1 O'M. & H. 11; Westmimter case, id. 95; Ai/Ieshiiry case, 4 O'M. & H. 62.) Agency is a result of law to be drawn from the facts in the case and from the acts of individuals ; as Keogh, J., said, in the Sligo case (1 O'M. & H. 301, 302), "It is not by what the principal tells me that he intends to do that I am to construe the question of agency. It is not icJiat he intended, hut ichat authoritij he gave, and did the acts of the person so authorised naturally flow from the authority so given ? A wherryman may look one way," he significantly added, " while he rows the other." So, where the respondent intended generally a distribu- tion of coals to the poor as a charitable gift, and with a view of making himself popular, but in the hands of those who acted for him it was made an agency for getting votes for him, this was held to be a corrupt act, for which the respondent was responsible, and he was unseated. {Boston case, 2 O'M. & H. 166.) But, on the other hand, mere non-interference with persons, who, feeling interested in the success of the candidate, may act in support of his canvass, is not enough to saddle the candidate with any unlawful act of theirs, of which the tribunal is satisfied that he or his authorised agent is ignorant. {Wigan case (1869), 1 O'M. & H. 192.) It is clear that a man's merely acting is not enough ; he must act in promotion of the election, and he must have authority, or there must be circumstances from which it can be inferred. Where D. canvassed three times a week, though he had no regular canvass book, attended con- tinually at the committee room, was bringing up voters to 154 Parliamentary Law as to Agency. the poll all the poll-day, and was employed as to the- petition afterwards, there, although the respondent had said : " I cannot employ you as an agent," yet others working side by side with the respondent did employ him, he was held to be an agent. {Stroud case (Nov. 1874), 3 O'M. & H. 11.) In such cases as these it is a question for the Court whether, upon the aggregate of all these things taken together, of which each in itself is little — though some — evidence, the person is shown to have been employed to such an extent as to make him, tqwn the common sense broad view of if, an agent for whom the candidate would be responsible. {Betcdley case, 1 O'M. & H. 18 ; cf. also Stale //bridge case, id. 70 ; Wakefield case, 2 O'M. & H. 102; Teivkesbiiry case, 3 O'M. & H. 99 ; Bridgeu-ater case, 1 O'M. & H. 115 ; Taunton case, id. 186 ; Hereford case, id. 195.) But, where the honesty of the candidate is shown, he will not be unseated unless the corrupt act of his agent is shown to the entire satisfaction of the Court. ( Wigan case (1869), 1 O'M. & H. 192.) Again, an isolated act of bribery by an agent must be very clearly proved ; because in such a case, though it is admitted that there is no logical reason why it should be so, more evidence is required to satisfy one of the agency. {Hastings case, 1 O'M. & H. 219 ; cf. Westminster case. Id. 95.) Such, in general, is the principle on which agency is determined in these cases. The Court has refused to frame any exact definition of such agency. (See Bridgeu-ater case, 1 O'M. & H. 115; Taunton case, 2 O'M. & H. 74.) The principle is grounded on the just requirement that the Parliamentary Law as to Agency. 155 candidate must not take the benefit of the services of the individual and repudiate them at the same time. [Barn- staple case, 2 O'M. & H. 105 ; Greenock case, 1 O'M. & H. 251 ; Staleybridge case, Id. 68.) Degrees of Agency. — There may, however, be degrees of agency. As you go lower down you requu'e more dis- tinctly to show that the act was done by a person for whom the candidate would be responsible. {Hereford case, 1 O'M. & H. 195.) Besides this, it must be noted that a man may be an agent for limited purposes ; and such an one makes the candidate liable to that limited extent. {Westbunj case, 1 O'M. & H. 48 ; N. Norfolk case, 1 O'M. & H. 237 ; Bodmin case, Id. 120.) Sub-agents. — If an agent, though he be no agent of the candidate, be employed by the agent of the candidate, he is a sort of subordinate agent ; and, if he is employed by persons who have authority to employ people to further the election of a particular individual, and in the course of such canvassing makes use of a threat or promise, such an act will make the candidate liable, however innocent the candidate may be and however careful. (Barnstajjie case, 2 O'M. & H. 105.) Thus, where one of the respondent's principal agents authorized S. to go to Penzance and bring up any Plymouth voter he could find, and S. found W., who declined to come unless a substitute was paid to do his share in certain fishing during his absence, and S. did this, the election was avoided in consequence. [Plymouth case, 3 O'M. & H. 108.) 156 Parliamentary Law as to Agency. And where a huge sum was paid by the respondent to P. for election expenses, P.'s agent was held to' be the respondent's agent. {Beicdley case, 1 O'M. & H. 19.) A candidate was held responsible, in the Cashel case (1 O'M. & H. 288), for the act of the wife of an agent; for an agent, it was said, may work through an instrument. But where H. was an agent, it was held that his son was • not. Martin, B., said : — " Although young H. seems to have been active with regard to the election, I cannot hold that an act done by him, because his father was a person for whom the respondent would be responsible, would make young H. one also." [Westminster case, 1 O'M. & H. 96.) Nor can the partner of a paid agent be held con- structively liable for having committed a misdemeanour. [Mallow case, 2 O'M. & H. 21.) Particular Things from which Agency may sometimes be inferred. — I. Canvassing. — Canvassing by procurement (whether expressly or impliedly, whether by words or actions it is immaterial) of the respondent creates agency. [Westhimj case, 1 O'M. & H. 55; cf. Wigan case (1881), 4 O'M. & H. 13.) Any person authorized to canvass is an agent ; and it does not matter whether he has been forbidden to bribe or not. [Norwich case (1869), 1 O'M. & H. 11 ; cf. also Lichfield case, 1 O'M. & H. 25, 26.) But agency is not established by merely showing that a particular person has gone about with the candidate and has canvassed. Canvassing will only afford premises from which a judge, discharging the functions of a jury, may Parliamkxtaky Law as to Agency. 157 conclude that agency is established. {Shreicshiiry case^ 2 O'M. & H. 36 ; cf. Teickeshury case, 3 O'M. & H. 98 ; Salishunj case (1883), 4 O'M. & H. 21.) The fact that a man has a canvassing-book is only a step in the evidence that he is a canvasser authorized by candidate's agents. You must prove his authority; e.g., by showing that he was in company vdth one of the* principal agents, who saw him canvassing, or was present when he was canvassing. [Bolton case, 2 O'M. & H. 140, 141.) Introducing candidates to voters, whom the said candi- dates then and there canvassed, is not conclusive evidence of agency. For taking a man to point out voters and to influence them in the candidate's presence is not conclusive evidence of an employment of that person to go behind the candidate's back and bribe them. [Salishury case (1880), 3 O'M. & H. 132.) Where the respondent determined and made known his determination to those who were ^J>v7«a facie his agents that his canvass should be a personal one, and such per- sons conducted him to the voters' houses, but left him to deal with the voters himself, these were held not to be his agents. {Harwich case, 3 O'M. & H. 69.) For a definition of " canvassing," see Westhury case (1 O'M. & H. 56), where it is said: — "Canvassing may be either by asking a man to vote for the candidate for whom you are canvassing, or by begging him not to go to the poll, but to remain neutral, and not to vote for the adversary." — II. Being on the Committee. — Members of a committee, to whom written " instructions " had been sent by the 158 Parliamentary Law as to Agency. respondent's conducting agents, were held to be capable to the fullest extent of making the respondent liable for the parliamentary consequences of their acts. {Dublin case, 1 O'M. & H. 273. See also Hucldersfield case, 2 Power, Eodwell & Dew, 128.) Being on the committee is one of the circumstances, several of which go cumulatively, to prove agency. (See StromI case {Nov. 1874), 3 O'M. & H. 11, above cited.) So, Avhere D. was limited to a district, attended the. respondent's committee twenty times, was present at the local committee, and on the day of the bribery was busy in getting up voters who required particular attention, that was enough, if he was to use anything like solicita- tion or persuasion to them. {Durham case, 2 O'M. & H. 136.) Again, where it was proved that the respondent was vice-president of a society, that he spoke at its meetings, that many of its members were to his knowledge active partisans of his, and actively canvassing for him, that there were certain rooms belonging to the society which might in one sense be called committee-rooms (though they were not such in the old sense of being occupied by a certain fixed committee), that they were placarded with the respondent's name, and that at them business in connec- tion with the election was transacted, it was held that the respondent would be liable for what these persons did — provided that he or his authorized agents had reasonable knowledge that those persons were acting in a certain manner and with a certain object. {Wakefield case, 2 O'M. &H. 102, 103.) And where S. was an active politician, j)roved to be in a committee-room, and coming out of it with a body of Pakliamentaky Law as to Agency. 159 others, and that body separated into three or four parties, canvassing three or four districts, canvassing with canvass- books, and where the respondent was in the immediate neighbourhood of the place where the offence was com- mitted, the Court held S. to be an agent. {Tcickeshury case, 3 O'M. & H. 98, 99.) But, where D.'s name was in a list of a committee for promoting the respondent's election, consisting of six hundred persons, he was held not to be an agent. The committee-man for which the respondent would be respon- sible is a committee-man in the ordinary intelligible sense of the word, i.e., a person in whom faith is put by the candidate, and for whose acts he is, therefore, responsible. {Westminster case, 1 O'M. & H. 92.) So, again, where it was not proved who put P. on the committee, how he got there, what his duties were, or what he did ; but his own statement was, that he under- stood his duties were to do the best he could for the respondent'; the respondent was not responsible for P. having offered to pay a voter's expenses to come and vote. {Windsor case, 2 O'M. & H. 89.) The unauthorized act of an agent of a volunteer com- mittee does not affect the respondent. {Staleyhridge case, 1 O'M. & H. 66.) — III. Receiving Money from the Candidate for Election Expenses. — Thus, where the respondent deposited 11,000^ with P., directing him in his letters to apply that money honestly, but not exercising personally, or by anyone else, any control over its expenditure, the respondent was held thereby to have made P. his agent for the election to almost the fullest extent possible, in so much that every 160 Parliamentary Law as to Agency. person employed by P. was an agent for the respondent. {Bewdleij case, 1 O'M. & H. 19.) — IV. Receiving Letter of Authority from the Candidate. — See, for instance, The Galivay case (2 O'M. & H. 53), in which all the clergy were in this way constituted agents. Where a letter was addressed by the respondents to " every manager, overlooker, and tradesman, and other person having influence in the town," its effect was not to make every overlooker in the place an agent, but to make an agent of every person having authority down to the last grade ; and anybody in that or any other grade, who bond fide took up the respondents' side and acted on the circular, became their agent, and his acts bound them. {Blachhum case, 1 O'M. & H. 200.) Where the respondent addressed a circular to certain voters, who had requisitioned him to stand, asking them " to enter heartily into the contest and secure the votes and interest of others," it was held that every elector who received this circular and took part in promoting his election, did not thereby alone become an agent of the respondent to do illegal things. Cave, J., said: "If he does nothing but an illegal act, it appears to me that he is not acting in pursuance of that invitation; but if I find persons to whom that circular was sent are engaged in promoting the respondent's election, in some instances by proper and legitimate means, but in other instances they have adopted illegal means, I then say there is some prima facie case of agency which calls for an answer.'* {Norivich case, 4 O'M. & H. 89.) — V. By inference from a previous Election. — Where, at a previous election, the respondent had appointed B. to act Parliamextary Law as to Agency. 161 as his personal agent, and B. at that election handed over money for bribery expenses to W., who passed it on to A., who carried on organised bribery therewith, but W. went over to the other side before the present election, and A. was not regularly reappointed agent, but he did canvass for the respondent and bribed, it was held that the respon- dent was responsible for his acts, no matter how much he disclaitned his agency, and that nothing could sever the connection but the death of A., or his going abroad, or going over to the other side. {Wa t erf ord case, 2 O'M. & H. 2.) Note. — On a similar principle, the vote of a paid agent of a candidate, who has retired before the poll, would seem to be invalid. {Maliow case, 2 O'M. & H. 20.) — VI. By being Agent to another Candidate who has coalesced with the Candidate in question. — Candidates are, in general, liable after coalition for the acts of each other's agents ; though if the agent said, " I give you this bribe to vote for R., but not to vote for T., because my object is that you should not vote for T.," he might thereby deter- mine the joint agency. {Norwich case (1871), 2 O'M. & H. 39.) '■ — VII. By ratification of the Candidate after the Act. — A ratification after the act is equivalent to an authority given at the time, provided that the person sought to be made liable as principal is acquainted with the character of the act at the time when he ratifies. {Tamicorth case, 1 O'M. & H. 81.) So in The Blackburn case (1 O'M. & H. 201), the respon- dents were held liable for the consequences of a circular J. M 162 Parliamentary Law as to Agency. sent round by a political association and afterwards adopted by the respondents themselves. Persons who are not Agents. — A land agent is not necessarily an agent in election matters. (Tamxcorth case, 1 O'M. & H. 82.) Nor is any employment in election business necessarily enough to make the employee an agent: e.g., a card-messenger was held to be no agent in The Windsor case, 1 O'M. & H. 3. (Of. Londonderry case, 1 O'M. & H. 278.) So, where K.'s house was proved to have been hired for an exorbitant sum for election purposes, and after that roughs were hired by an arrangement between K. and the respondents, it was held that there was no sufficient evidence to constitute K. an agent. {Salford case, 1 O'M. & H. 136.) Where the respondent publicly stated that he was put forward by the bishop and his clergy, that implied that the bishop was his supporter ; but it does not follow that the bishop had, therefore, made himself the respondent's agent. {Galway case (1874), 2 O'M. & H. 200.) And the candidate is in no case responsible for the act of an agent, who does a corrupt act with a view to betray him. {Stafford case, 1 O'M. & H. 230.) For other instances of persons who are not agents, see the following cases (cited above) : — Staleyhridge case, 1 O'M. & H. 67 ; Mallow case, 2 O'M. & H. 21; Windsor case. Id. 89; Salisbury case, 3 O'M. & H. 132. Duration of Agency. — Ordinary agency ceases at the close of the poU. {King's Lynn case, 1 O'M. & H. 208 ; Paiiliamextary Law as to Agency. 163 North Norfolk case, 1 O'M. & H. 243.) The respondent's privity must be shown after that. {Sal/ord case, Id. 136.) And an agent's statements made twenty-six days after the election must not be put in evidence, without proving that the authority continued after the election was over. {Long- ford case, 2 O'M. & H. 12.) Agency may, however, as has been shown, be inferred from agency at a previous election. {Waterford case, 2 O'M. & H. 2.) Political Associations as Agents. — Associations as well as individuals may be agents for a candidate, if they come within the principle above set forth. Lopes, J., said : " There may doubtless be in a borough a political association, existing for the purposes of a poli- tical party, advocating the cause of a particular candidate, and largely contributing to his success, yet in no privity with the candidate or his agents — an independent agency and acting in its o\vn behalf. To say that the candidate should be responsible for the corrupt acts of any member of that association, however active, would be opposed to law. There may on the other hand be a political association in a borough, advocating the views of a candidate, of which that candidate is not a member, to the funds of which he does not subscribe, and with which he personally is not ostensibly connected, but at the same time in intimate relationship with his agents, utilized by them for the purpose of carrying out his election, interchanging com- munication and information with his agents respecting the canvassing of voters and the conduct of the election, and largely contributing to the result. To say that the candi- m2 164 Parliamentary Law as to Agency. date is not responsible for any corrupt act of such an association, would be repealing the Corrupt Practices Act and sanctioning a most effective system of corruption." {BcKclley case, 3 O'M. & H. 146.) ■ So, where an association suggested to the respondent that it would be desirable to give a conversazione, and he consented, and refreshments were provided at a nominal price, and the extra expenses were borne by the association and not returned in the respondent's "return of expenses," the Court held the election void on the ground of corrupt and illegal practices by the respondent's agents, i. e., by the association. " Undoubtedly," said Cave, J., " it would be a wise plan, as soon as the candidate has been fixed upon, for these associations to suspend their operations until after the election is over." {Hoc/tester case, 4 O'M. & H. 158 ; cf. Wakefield case, 2 O'M. & H. 102.) Party associations are employed at ordinary times in doing general work for their respective parties, but at election time they naturally incline to expend their energies in supporting their party's local representative. " If their action is recognized by the candidate," said Cave, J., — as appears by the shorthand notes — "that would be quite sufficient to make the association his agents : I do not mean every member of it; but it was sufficient to make the acts of the executive committee acts for which the candidate would be responsible, as long as he chose to acquiesce in their endeavouring to support him and procure his election." {IlexJiam case, 4 O'M. & H. 145.) There are many acts which a political association are entitled to do, even to the extent of making known their views, which in one sense may amount to canvassing, while at the same time they do not pledge themselves to become Parliamentary Law as to Agency. lG-3 agents, nor does the proposed member become liable for their acts as agents. {Walsall case, 4 O'M. & H. 124.) The candidate may acquiesce in all this and may con- tinue to pay his subscription (see shorthand notes of Baron Pollock's judgment in the Worcester case, and 4 O'M. & H. 154) ; yet, if that is all, the association will not be his agents. There is no general rule as to the exact point of time when an association passes from being merely the agents oi a party to being the agents of a particular candi- date ; it is a question of fact depending in each case on surrounding circumstances. Where a Conservative association requisitioned the respondent to become their representative, and he attended some of their meetings to exj)ound his views, and after that the connection ended, it was held that they were not agents. ( Wcstbury case, 3 O'M. & H. 79.) Where D. canvassed for the Working Men's Conserva- tive Association, most of the funds of which came from the respondent's subscription, and were spent in promoting the respondent's canvass, but the evidence was that it was an independent agency, and that this body was acting in its own behalf, D. was held not to be an agent. ( West- minster case, 1 O'M. & H. 92.) For farther remarks as to the general principle of these cases, see the judgment of Lush, J., in The Chester case, 44 L. T. N. S. 28d, 287. Rules of Evidence in Cases of Agents within the meaning of the Parliamentary Common Law. — The rules of evidence in these cases seem to follow the analogy of the rules which would be applicable in cases of master and servant, which is the analogy closest to this principle in the ordinary 166 Parliameistary Law as to Agency. common law. Thus, the statement of an agent made after a transaction is not evidence against the principal. {HaruicJi case, 3 O'M. & H. 64 ; Cheltenham case, id. 88.) Proof of Corrupt Practice before Agency is established. — Note that by sect. 17 of the Parliamentary Elections Act, 1868 (31 & 32 Yict. c. 125), it is enacted that, unless the judge otherwise directs, any charge of corrupt practice may be gone into and evidence received in relation thereto before any proof has been given of agency. But it is desirable that proof of bribery should not be given before agency is established, unless there is a rea- sonable expectation of establishing agency afterwards. {Per Bramwell, B., Bristol case, 2 O'M. & H. 29.) Proof of corrupt practice will, however, be allowed before agency is established, where the petitioner has opened a case of agency. {Guildford case, 1 O'M. & H. 14.) INDEX. Accidental Miscalcxjlation, 52. Action for disputed claim, 61. Adveetising Agent, exMbiting bill, 37. Agents, principle -with, regard to, 151. degrees of agency, 155. duration of agency, 162. sub-agents, 155. particular things from ■whicb agency inferred, 156. persons who are not, 162. political associations as, 163. rules of evidence as to, 165. election. (See Election Agent.) Amendment of petition, when allowed, 37, 43. Answer to charge, when necessary, 29. Appeal, . from election commissioners to assizes, 74. Lord Chancellor may direct judge on rota to hear, 75. _ from summary conviction to general or quarter sessions, 103. Association, person includes, 115. as agent, 163. payment of secretary not included in election expenses, 59. Attorney- General, submission of the report to, 109. defined, 113. for Ireland, 89, 124. 168 INDEX. Authorised Excuse, 64, 70. Avoidance of Election, effect of relief on, 53. Bands of Music, 44. Banners, 44. defined, 45. relief in case of, 45, 52. damage caused by rope of, 44. Barrister guilty of corrupt practices, 76. Bona Fides, how shown, 53. Bribery, 32, 142—146. Candidate at an Election, defined. 111, 112. expenses of, relating to an election. 111. when a man commences to be. 111. expenses incurred before becoming, 112. before dissolution, 112. punishment of, when found guilty of corrupt practices, 33. Canvassing, defined, 157. , as proof of agency, 156. handbiUs, 47, 128. Cards, when marks of distinction, 45. lelief in case of, 45. Carriages, 42, 43, 44. Central Criminal Court, trial in, 100. Certificate of Indemnity, 107. does not prevent incapacity, 108. Claim, in election expenses, 60, 61. taxation of, 62. Clergy, undue influence by, 31. INDEX. 169 Clekks, names and addresses of, necessary in election agent's return, 137. election agent employing Ids own, 12G. Cockades, 45. Committee-room:, defined, 115. contracts for, 36. what premises may not be used for, 48, 49. use of schoolmaster's house for, 48. use of school-house for, 48. persons liable for illegal use of, 49. Common Law, how election may be avoided at, 29, 30, 31. parliamentary as to agency, 151. Compensation to voter for loss of hat, 135. Contracts, making of, through election agent, 57. Conveyance of Voters to the Poll, contracts for, 36. by sea, 99. Corrupt Motive, essential to constitute offence of treating, 28, 29. essential to disqualification from voting under this Act, 72. Corrupt Practices, defined, 32. punishment of candidate personally guilty of, 33. punishment of any person guilty of, 35. incapacities of any person guilty of, 36. report to Speaker as to, 39, -40. not a sufficient description of offence in indictment, 32, 34, 101, 102. proof of, before agency is established, 166. Costs, defined, 111. rules of Supreme Court apply to, 93, 95. solicitor and client, 94, 95, 96. higher scale, 94, 95. of relief, 94. 170 INDEX. Costs — continued. apportioned wlien judges differ, 94. h,ow recovered, 106. when petition oppressive, 93. of the Public Prosecutor, 91, 92, 106. ■when petition withdrawn, 91. where petitioner impecunious, 94. COTJET, " election," defined, 113. " High," defined, 113. "of summary jurisdiction," defined, 113. discretion of, to give relief, 52. Creditor, ignorant, protected, 48. Declaration, must accompany return of election agent, 65. inspection of, 65. forms of, for candidate, 133, 134, 139, 140. form of, for election agent, 134, 135. Deposit, where costs ordered to be paid out of, 94. Difference of Opinion between judges, effect of, as to costs, 94. Director of Public Prosecutions. (See Public Prosecutor.) Discretion, of Court to give relief, 52. of Public Prosecutor, 88, 89. Disqualification of Voter, 38. procuring disqualified person to vote, 38. Distribution of Documents, payment for, 47. Divisions, voting for two, in borough, 73. Duration of agency, 162. Election defined, 113. Election Account, payment by secretary of association not included in, 69. INDEX. 171 Election Agent, nomination of, 54. candidate may name himself as his own, 54. office of, 56, 57. when to be appointed, 54. duties of, 54. making of contracts through, 57, 58. emploj'ing his own clerks, 126. insufficient return of election expenses by, 67. remuneration of, 63. Election Commissioners Act extended to Ulegal practices, 41, 42. Election Court defined, 113. Election Petition defined, 113. Elector defined, 114. Entertainments, when they constitute offence of treating, 29. Evidence, of what passed before dissolution, 112. rules of, with regard to agency, 165. Excuse and Exception, from corrupt practices, 50, 51. from illegal practices, 50, 51, 52, 53, 54. Exhibition oe Bills, payment for, 37. Expenses, ' incuiTcd before candidature, 111, 112. registration, 38. newspaper, 38. period for claims and payments, 60. False Statement of "Withdrawal, 39. EoRMS of declarations and return of election expenses, 133 to 140. 172 INDEX. Flags, 44. Fraudulent Device, 31. General Corruption, when it avoids election, 29. General Intimidation, 31. General ' Personation does not avoid election at common law, 32. General Treating, 29. Handbills, 128. 41 Hat, cards for, 45, 52. compensation to voter for loss of, 135. Hearing, oppoi;tunity givenjbefore person is reported, 73, 74. High Court defined, 113. Ignorance, creditor protected in case of, 48. of law, when " inadvertence," 52. Illegal Employment, 46, 47. result of, 49, 50. Illegal Hiring, 43, 49. of persons to keep order, 58, 59. of school-house as committee-room, 48. of schoolmaster's house as committee-room, 48. of vehicles, 42, 43, 44. result of, 49, 50. Illegal Payment, 42, 43,^44. hy any person, 49. by candidate, 49, 50. result of, 49, 50. INDEX. 173 Illegal Practice, what is, 36, 37, 38, 39. report to Speaker as to, 39, 40. extension of Election Commissioners Act to, 41, 42. relief in case of, 53. effect of relief as to, 53, 54. refreshment to workers, 46. Inadvertence, when a ground for relief, 52, 69. Incapacities, of candidate found personally guilty on election 'petition of corrupt practices, 33. of candidate found on election petition guilty, by agents, of corrupt practices, 34. of person convicted on indictment of corrupt practices, 34, 35, 36. of person convicted of illegal practice, 39. of candidate found guilty of illegal practice by report of election court, 39, 41. certificate of indemnity shall not prevent, 75. removal of, on proof that conviction or report was based on perjury, 96. Incriminating Questions, 99. Inquiry by Public Prosecutor, 96. Inspection of Election Agent's Eeturn by any person on payment of a shilling, 72. Intimidation, spiritual, 31. avoidance of election at common law by general, 31. Ireland, application of the Act to, 123. Joint Candidates, 131, 132. agency in case of, 161. Judges, effect of difference of, 94. duty of, to hear petition out, 84. power of, to call witnesses, 88. 174 INDEX. JuDiciAx, Office defined, 116. Jurisdiction of judge not on the rota of election judges, 104. Jury, right to, on trial for corrupt and illegal practices, 89. Justice of the Peace, report of, to Lord Chancellor when guilty of corrupt practice, 76. La-svful Day, 87. Lord Chancellor, power to order appeal to judges on rota, 75. report of J. P. to, when guilty of corrujjt practice, 76. Licensed Persons, when bribery or treating on their premises proved, 77. Limitation of time for prosecution of offence under these Acts, 100. Marks of Distinction, 45, 46. hat-cards, 45. banners, 46. payment for damage to rope of banner, 44. relief in case of, 45. Maximum, expenditure in excess of, 37. Messengers, names, addresses, and businesses of, necessarj^ in election agent's retui'n, 137. Miscalculation, accidental, 52. Mistake in name on register,*72, 73. Music, bands of, 44. Newspaper started by candidate, 38, 58. Nomination of election agent, 54. INDEX. 17.5 Notice, of hearing before being reported, 74. wbere relief sought, 53, 70. publication and service of, 110. Office of election agent, 56, 57. Ontts on candidate or election agent seeking relief to prove reasonable care, 51, 53. Payment, defined, 116. illegal, what is, 42. for conveyance of voters to poll, 36. for exhibition of bill, 36, 37. on account of committee-rooms, 36. in excess of maximum, 37. Period for claims and payments, 60. Person includes association, 115. Personal Expenses, 62. defined, 116. Personation, 32, 146. proof of agency essential, 33. general, cannot avoid election at common law, 32. voting in two divisions of a borough is not necessarily, 72. punishment for, 35. Petition, amendment of, refused, 37, 43. withdrawal of, by leave, 84. costs of, where oppressive from multiplicity, 93, 94. proceedings on, 82. Petty Expenses, 62, 63. Placards, printer's name must be on, 47. Polling Agent defined, 114. 176 INDEX. PoixTNG Districts aot) Places, 97, 98. Premises, wliat may not be used as committee-room, 48. Priests, undue influence by, 31. Peentee, name of, must be on bills, 47. Profession, when person belonging to, is guilty of corrupt practice, 76, 78. Promise to Treat, a cbarge requiring an answer, 29. Public Office defined, 115. Public Prosecutor, duties of, 87, 88. representative of, 91. when he has right to call witnesses, 88. has no right to cross-examine to prove agency, 87. has a right to copy of election agent's return, 72. notice of appeal to be given to, 74. affidavits to be sent to, on withdrawal of petition, 85. when persons belonging to professions are found guilty of corrupt practices, 76. prosecution by, 88. costs of, 91. Punishment of candidate found personally guilty of corrvipt practices, 33. of any person found guilty of corrupt practices, 35. on conviction for illegal practices, 39, 89. for illegal payment, employment or hiring, 49, 50. for false declaration of candidate or election agent, 67. Quarter Sessions, appeal to, 103. Eefreshments, what, are treating, 29. Eegister of Electors, defined, 114. mistake in name on, 73. list of incapacitated persons in, 79. INDEX. 177 Eegistration Expenses, wlien paid by candidate, 38, 58. Eegistration Officer, duties of, 80. breach of duty by, 110. defined, 114. Eelief, ■when granted, 50—54, 68 — 71. effect of, in case of illegal practice, 53. on gi'ound of inadvertence, 52, 69. •what notice required, 53, 70. Eeport to Speaker, 53. of corrupt practices, 34. of illegal practices, 39, 40. Eettjrn of Election Expenses, 64, 65. payment by secretary of association not included in, 59. inspection of, by any person by payment of one shilling, 72. PubHc Prosecutor entitled to copy of, 72. form of, 135. Eetitrning Officer, 63. expenses of, 59. breach of duty by, 109. must publish summary of return of election expenses, 71. Eevising Barrister, duties of, 81. ElBBONS, 44. School Feast, 28. School-house, use of, as committee-room, 48. Schoolmaster's House, use of, as committee-room, 48. Scotland, application of the Act to, 118. Sea, conveyance of electors by, 99. Secretary of Association, payment by, ,not included in return of election expenses, 59. Sessions, general or quarter, appeal to, 103. J. N 178 INDEX. Small Expenses explained, 59. Solicitor, when guilty of corrupt practices, 76. Spiritual Undue Influence, 31. Sub-Agent, nomination of deputy election agent as, 55. ■within principle of parliamentary common law, 155. Summary Trial, 89, 90, 103, 104. Sunday, 83, 87. Time for Presentation of Petition when illegal practices. aUeged, 82, 83, 84. Torches, 44. Treating, what is con'upt, 27. corrupt motive essential, 28. general, when it avoids election at common law, 29. when entertainments are, 29. promise to treat, 29. Undue Influence, what is, 30. spii-itual, 31. . . Unproved Charges, costs where many, 93. Vehicles, voter using cab without payment, 43. illegal hiring of, 43. Volunteer, employment of, to keep order, not illegal, 59. INDEX. 179 Voter, using cab without payment, 43. employment of, 127. emploj-ment of children of, 127. conveyance to poll of, 36, 43. Voting, by prohibited persons, 38. persons disqualified from; 73. Withdrawal of Caistdidate, false statement of, 39. corrupt iuducing of, 44. Withdrawal of Petition, 84, 85. costs, 91. Witness, obligation of, to answer, 107. when entitled to certificate of indemnity, 107. incriminating question put to, 99. ordered out of court, 34, 35. called by court, 88. husband or wife as, 103. WoEKERS, refreshment to, 46. LONDON : PBINTBD BY C. F. EOWOETH, GEEAT NEW STEEET,. FETTEE LANE, E.C; UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. Form L9-25wi,-9,'47(A5618)444 UNIVEKSITY OF CALIFORNIA AT LOS ANGELES LIBRARY J3f Jelf - 1003 Corrupt and J39c — illegal^ practices pre- ventioiL-fLct , asas* 1083 J39c UCLA-Young Research Library JN1083 .J39c y L 009 544 679 5 1 ill ill II 111 nil ill mil 11 ill III AA 001 352 888 o