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Ji PREFACE TO THE SECOND EDITION. / 3°] £s I have included at the end of the present edition " The Corrupt and Illegal Practices Prevention Act, 1895," with a few notes thereon. This enactment deals with the circulation of false statements made for the purpose of influencing an election. The Bill, which met with the approval of all parties, had been read a second time in the House of Commons, on the 1st of May, 1895 ; and it had subsequently been before the Grand Com- mittee on Law, who had made a few alterations in its details. It had further been decided that the Bill, as thus amended, should be considered by the whole House on the 26th of June. But when that day arrived, Lord Rosebery's government had fallen ; and, a disso- lution being imminent, it was feared that the Bill had lost its chance for that Session. However, as there was < no opposition to the proposed enactment, it was resolved to hurry the Bill through its remaining stages ; and it has now accordingly received the Royal Assent. Had it not been for this necessary haste, it is probable that several amendments would have been put forward in the House of Lords, which were purposely withheld rather than that the Bill should be killed by their introduction. ERNEST A. JELF. 9, King's Bench Walk, Temple, 8th July, 1S95. 411867 PREFACE TO THE FIRST EDITION. The favourable reception which was given to my Paper in the Law Times — here reprinted, by kind permission of the Proprietor, as an introductory Chapter — has led me to attempt the present edition of the Act. It would be difficult to exaggerate the importance to Candidates and their Election Agents of some knowledge not only of the Statute Law on these matters, but also of the now considerable body of judicial decisions thereunder. These will be found here fully noted up to the present date ; and I have added an excursus on the peculiar " Parliamentary Common Law of Agency," in which I have collected all the Leading Cases on that most difficult subject. ERNEST A. JELF. 9, King's Bench Walk. April, 1894. CONTENTS. PAGE Preface - - - - - -iii Table of Cases - - - -• - - xi Table of Statutes - - - - - xv INTRODUCTION CORRUPT AND ILLEGAL PEACTICES PREVEN- TION ACT, 1883 (46 & 47 Vict. c. 51) - - 27 Corrupt Practices. SECT. 1. What is treating - - - - - 27 2. "What is undue influence - - - - - 30 3. What is corrupt practice - - - - 32 4. Punishment of candidate found, on election petition, guilty personally of corrupt practices - - 33 5. Punishment of candidate found, on election petition, guilty by agents of corrupt 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 prohibited persons and publishing of false statements of withdrawal 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 practice or payment to be illegal payment - - - - 42 14. Employment of hackney carriages, or of carriages and horses kept for hire - - - - 42 15. Corrupt withdrawal from a candidature - - - 44 16. Certain expenditure to be illegal payment - - 44 17. Certain employment 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 hiring - - - - 48 21. Punishment of illegal payment, employment, or* . hiring - . - - - - - - 49 Excuse and Exception for Corrupt or Illegal Practice or . ■ Illegal Payment, Employment, or Hiring. 22. Report exonerating candidate in certain cases of corrupt and illegal practice by agents - - 50 23. Power of High Court 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. VU SECT. PAGE 29. Period for sending in claims and making payments for election expenses - - - - 60 30. Reference to taxation of claim against candidates - 62 31. Personal expenses of candidate and petty expenses - 62 32. Kemuneration of election agent and returning officer's expenses - - - - - 63 33. Beturn 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 incapacity 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 public prosecutions into . . alleged corrupt or illegal practices - - - 96 46. Eemoval of incapacity on proof that it was procured by perjury - - - - - 96 Vlll CONTENTS. SECT. PAQE 47. Amendment of law as to polling districts and polling 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 Yict. 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 00. 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 - - - - 111 64. General interpretation of terms - - - - 113 65. Short titles - - - - - - 117 66. Repeal 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 Continuance. 70. Continuance ------ 125 Schedtiles - - - - - - 126 NOTE ON THE PARLIAMENTARY LAW AS TO AGENCY 151 INDEX - . - 167 ( zi ) CASES CITED. («) ♦ PAOB Andrews v. Barnes 96 Aylesbury case «•.... 28, 112, 153 AyrtQn, Ex parte 53 Barnstaple case 152, 155 Barrow-in-Furness case 37, 46, 47, 54, 129 Belfast case t 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 ca^se 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 (a) For list of statutes repealed by the present Act, see pp. 147-149. XII CASES CITED. PAGE Essex case, S.W 38, 52, 127 Galway case, Borough of, 1869 31 Galway case, County of, 1872 160 Galway 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, 53, 58,69,69, 70,92,94,99, 111, 137, 160 Oldham case 142, 144 CASES CITED. Xlll PAGE Pease v. Norwood '. . . . 83 Plymouth case 155 Pontefract case 45^ 94, 104 Preston case 155 Reg. v. Holl 107 Peg. r. Stroulger 32, 34, 101, 102 Rochester case 29, 37, 51, 53, 88, 92, 112, 164 Rye case 142 Salford case '. 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, 52, 53, 54, 94 Stroud case 154, 158 Tamworth case 152, 161, 162 Taunton case 144, 152, 154 Tewkesbury case 154, 157, 159 Thornbury case 31 "Wakefield oase 152, 154, 158, 164 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 ( XV ) STATUTES CITED, (a) — ♦ — PAGE 7 & 8 Will. 3, c. 25 38 2 Geo. 2, c. 25 67 6&7Vict.c. 18 79, 98,109,114, 123 11 & 12 Vict. c. 42 * 104 11 & 12 Vict. c. 43 ' 103 14 & 15 Vict. c. 93 .• 123 15 & 16 Vict. c. 57 41, 113 17 & 18 Vict. c. 102 12, 21, 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. c. 35 104 30 &31 Vict. c. 101 121 30 &31 Vict. c. 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. c. 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. c. 94 77, 78, 125 36 & 37 Vict. c. 66 • 113 37 & 38 Vict. c. 49 i 77 37 & 38 Vict. c. 69 125 38 & 39 Vict. c. 65 ' 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. c. 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. c. 69 ; 67 THE CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1883. INTRODUCTORY CHAPTER. . THE ACT AS ILLUSTRATED BY THE LAST YEAR'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 : but 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. j. & 2 Corr. 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 was 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 politics redressed. The Act was not understood : and men would 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 James, though in one case — that of Cirencester — these were abandoned before trial, and the petitioner 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 return to an order of the House of Commons, dated February 2, 1893, giving copy shorthand-writers' judgments in the controverted elections, and further return to order of same date. (Parliamentary Papers, 25 and 25 (1).) Introductory Chapter. 3 machinery which was introduced in 1883. These eleven cases were those of Hexham, East Clare, the two divisions of Meath, the Montgomery Boroughs, Walsall, Worcester, Rochester, Stepney, East Manchester, and Pontefract. 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 circumspection, a something more than honesty in those who deal with matters so important to the public weal. If a common carrier must sometimes pay 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 on 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. Prev. Act, 1883. of 1883 — the principle by which 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 corruptly " 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 opponent of the Bill before it became law, " has been pushed to its extreme limits. If the candidate is speaking to anyone, it almost mak^s 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 treatejl. Fortunate, indeed, is the candidate who numbers no such persons among his agents. The election petitions of 1802-3 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 such 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 drop 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. terrible 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," whom the late Mr. Whittier imagined proudly exclaiming on the polling-day, " The wide world has not wealth to huy The power iu my right hand, ' ' is a very different man from some of the real-life " poor voters " at Hexham, Montgomery, or Rochester. 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 Bramwell (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 were so, one would find that honest citizens, Introductory 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 he had been elected, by 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 carefully 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 Court 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 Vaughan 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 which 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) See sect. 63. ( /») "On account of." Where a man was employed to repair a portion of the roof of a house, which had 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), this was held not to be an illegal payment. {Stepney case, 1886, 4 O'M. & H. 39.) (7) Where 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, theso 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 distinction" within the section. ( 'a vi\ 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 necifically mentioned in Illegal Payment, Employment, ajsd 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 employment 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 Li^ron 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 " addresses " 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, c. 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 " addresses and notices" mentioned in Part II. sect. 3, of the First Schedule. Offensive 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. & H. 78.) 48 Corr. and III. Tract. Prev. Act, 1883. candidate, or the election agent of a candidate, shall be liable on summary conviction (u) to a fine not exceeding one hundred pounds. Saving for \Q t The provisions of this Act prohibiting certain creditors payments and contracts for payments, and the pay- ment of any sum, and the incurring 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. Use of 20. (a) Any premises on which the sale by whole- room in sale or retail of any intoxicating liquor is authorized house for ^ a ii cence ( w l ie ther the licence be for consumption sale of in- . toxicating on or off the premises), or refresh* ( D ) Any premises where any intoxicating liquor is ment, or so \d, or i s supplied to members of a club, society, or tary association other than a permanent political club, or bemet*al ( c ) ^^ premises whereon refreshment of any hiring. kind, whether food or drink, is ordinarily sold for consumption on the premises, or (d) The premises of any public elementary school (.r) in receipt of an annual parliamentary (u) " 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 obviously 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-houso 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 houso was held not to be part of the premises of a public elementary school, although the managers were in receipt of an annual par- liamentary grant. (Buckrose case, 4 O'M. & II. 115.) Illegal Payment, Employment, and Hiring. 49 grant, or any part of such premises, shall not be used as a committee room (//) for the purpose of promoting or procuring the election of a candidate at an elec- tion, and if any person (z) 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 public meetings or of arbitrations, if such part has a separate entrance and no direct communication with any part of the premises on which any intoxi- cating liquor or refreshment is sold or supplied as aforesaid. 21. (1.) A person guilty of an offence of illegal Punish- payment, employment or hiring shall, on summary illegal conviction (a) , be liable to a fine not exceeding one P a y™ ent > hundred pounds. ment or (2.) A candidate or an election agent of a candi- iriDg * 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 during 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.) (a) " Summary conviction." See sect. 54. (b) Where it was objected that the petition said that during the election the respondent was, " by his agents," guilty of 50 Corr. and III. Pract. Prlv. Act, 1883. illegal payment, employment, or hiring, shall be guilty of an illegal practice. Excuse and Exception for Corrupt or Illegal Practice or Illegal Payment, Employment, or Hiring. Keport 22. Where, upon the trial of an election petition exonerat- . , . „ . , ■, , -, mo- candi- respecting, an election tor a county or borough, the date m election court report that a candidate at such election certain . , . cases of has been guilty by his agents of the offence of treat- and lUeo-al ^ n S an< ^ UI1( lue influence, and illegal practice, or of practice anv f suc h 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, carriages and horses, ' ' knowing that the owners thereof were pro- hibited, by sect. 14, from lending the same for that pur- pose" — there being no allegation in the particulars that tho acts complained of had been done by the candidate or his election agent — tho 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 amy agent was guilty of hiring horses or carriages. (East Manchester case, 4 O'M. & II. 120.) Excuse for Corrupt or Illegal Practice, etc. 51 (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 was 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 Power of the High Court or to an election court by such Court and 'evidence as seems to the Court sufficient — election . . . court to (a) that any act or omission of a candidate at any except election, or of his election agent or of any olher ^t from agent or person, would, by reason of being a being payment, engagement, employment or contract practice, in contravention of this Act, or being the pay- &c - ment of a sum or the incurring of expense in excess of any maximum amount allowed by this Act, or of otherwise being in contravention of any of the provisions of this Act, be but for this section an illegal practice, payment, employ- ment, or hiring ; and (c) The law intends, by this and the next section, to enable judges to relieve candidates from all responsibility for cor- rupt and illegal practices, where they satisfy the judges that they have done everything on their part to render the election pure and free from corruption. But the onus lies on the candidate and his election agent to prove, if they ask for such relief, that they personally took all reasonable means for preventing the commission of corrupt and illegal prac- tices. (Rochester case, 4 O'M. & H. 160.) e2 52 Corr. and III. Pract. Prey. Act, 1883. (b) that such act or omission arose from inadvert- ence or from accidental miscalculation or from some other reasonable cause of a like nature (d), (d) "Inadvertence" — "accidental miscalculation" — "some other reasonable cause of a like nature." — Thus, in the Step- ney case, 1886(4 O'M. & H. 52), where Denman, J., held that a candidate was guilty of illegal employment and illegal payment, in employing and paying persons to tout for votes and to distribute canvassing handbills, he excused him under this section, because the Act was new and by no means easy to master, and the blot in question was so far from obvious that opposed counsel did not rely on it until the Court pointed out its bearing. But he might hold otherwise, he said, on a future occasion with precisely similar facts. Again, in the Norwich case (4 O'M. & H. 91), where an in- sufficient description of clerks and messengers was excused as " inadvertent," Cave, J., rested his decision on the ground that that part of the Act had never yet been interpreted. It does not therefore follow that the same excuse would be allowed now. "Inadvertence" may either be that the party was not aware of what was done, or that he did not know it was wrong. Where streamers hung across the street were held to be "banners" within sect. 16, the Court said that the election agent might fairly say that the payments for them were "inadvertent" in the latter sense, and the payment was therefore excused under this section. {Stepney case, 1892, 4 O'M. & H. 182.) But where cards for hats were charged as such to the " election account," and were paid for by the election agent, where they had been spoken of from the beginning as "cards for hats," and had been made specially adaptable for being placed in hats, though no want of good faith was imputed to either the respondent or the election agent, the Court refused to excuse this from being an illegal practice. There was no inadvertence, accidental miscalculation, or other ground of a like nature within the meaning of this section. A miscon- ception of the law, it was said here, cannot be treated as inadvertence. (Walsall case, 4 O'M. & H. 129.) Note, that the Court has entire discretion in this matter ; and Haw- kins, J., said in the Walsall case that he would not exercise his discretion in favour of the respondent, even if ho had tho power. (Cf. S. W. Essex case, 2 T. L. K. 388.) Excuse for Corrupt or Illegal Practice, etc. 53 and in any case did not arise from any want of good faith (e) ; and (c) that such notice (/) of the application has been given in the county or borough for which the election was held as to the Court seems fit ; and under the circumstances it seems to the Court to be just that the candidate and the said election and other agent and person, or any of them, should not be subject to any of the consequences under this Act of the said act or omission, the Court may make an order (g) allowing such act or omission to be an ex- (e) With, regard to tlie question as to whether illegal pay- ments have been made bona fide, it is very material to con- sider what was the character of the election in other respects — whether it was in other respects pure, so as to show that there has been a bond fide desire to avoid illegal practices. (Stepney case, 1S92, 4 O'M. & H. 182.) In Ex parte Ayrton (2 T. L. E. 214), an order under sect. 23 was granted to the applicant where the items of excess were for posting bills to deny untrue reports about the candidate. (/) In the Norwich case (4 O'M. & H. 90), notice given in Court, where the persons interested were present, was held enough to satisfy the statute. (y) The effect of such order is to do away with the illegal practice so rebeved against, so that when the Court comes to make its report to the Speaker (see sect. 11), if that practice is all that has been proved against the respondent, the Court will have to report that there has been no illegal practice. (Hexham case, 4 O'M. & H. 145). The law intends by sect. 22 and this section to enable judges to relieve candidates from all responsibdity for cor- rupt and illegal (in this section only illegal) practices, where they satisfy the judges that they have done everything on their part to render the election pure and free from corrup- tion. It is for the candidate and his election agent to prove, when such relief is asked for, that they personally took all reasonable means for preventing the commission of corrupt and illegal practices. (Rochester case, 4 O'M. & H. 160.) Where relief is sought for under the powers which the 54 Cor-r. and III. Peact. Pkev. Act, 1883. ception from the provisions of this Act which would otherwise make the same an illegal practice, payment, employment, or hiring, and thereupon such candidate, agent, or person shall not he subject to any of the con- sequences under this Act of the said act or omission. Nomina tion of election agent. Election Expenses. 24. (1.) On or before the day of nomination at an election, a person shall be named by or on behalf of each candidate as his agent for such election (in this Act referred to as the election agent) (h). (2) A candidate may name himself as election agent, and thereupon shall, so far as circumstances admit, be subject to the provisions of this Act both as a candidate and as an election agent, and any Act confers upon the Court, the person "who obtains that relief always has himself to bear the cost of obtaining it. If therefore the respondent in an election petition delays until the last moment to come and ask for it, so that the whole case has to be fought out, he has only himself to thank for not taking an earlier opportunity of giving notice of what he intends to do, and thereby giving the petitioners an opportunity of reconsidering their position. (Per Cave, J., Stepney case, 1892, 4 O'M. & H. 183.) (A) The object of the Act is that a person shall be the election agent who shall bo effectively responsible for all the acts done in procuring the election. No contract is to be made by anybody but him ; he is the person to make the contracts, because he is a known and responsible man, who can be dealt with afterwards, and who can be looked to after- wards for an explanation of his conduct in the management of the election. The object of the Act was, that the affairs of the election should be carried on in the light of day ; and that a respectable and responsible man, responsible to the candidate and to the public, should bo there to do all that was necessary. (Per .Field, J., Barrow-in-Furness case, 4 O'M. & H. 82.) Election Expenses. 55 reference in this Act to an election agent shall be construed to refer to the candidate acting in his capacity of election agent. (3) On or before the day of nomination the name and address of the election agent of each candidate shall be declared in writing by the candidate or some other person on his behalf to the returning officer (/), and the returning officer shall forthwith give public notice of the name and addre'ss of every election agent so declared. (4.) One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked, and in the event of such revoca- tion or his death, whether such event is before, during, or after the election, then forthwith another election agent shall be appointed, and his name and address declared in writing to the returning officer, who shall forthwith give public notice of the same. 25. (1.) In the case of the elections specified in Nomina - that behalf in the First Schedule to this Act an elec- * ion ? f deputy tion agent (k) of a candidate may appoint the number election of deputies therein mentioned (which deputies are in *^ as this Act referred to as sub-agents), to act within agent. different polling districts. (2.) As regards matters in a polling district the election agent may act by the sub-agent for that (i) "Returning officer." See sect. 8 of the Ballot Act, 1872 (30 & 36 Vict. c. 33) ; and see also the Parliamentary Elections (Returning Officers) Act, 1875 (38 & 39 Vict. c. 84). (&) " Election agent." See preceding section and notes thereto. 56 Corr. and III. Pract. Prev. Act, 1883. district, and anything done for the purposes of this Act by or to the sub-agent in his district shall be deemed to be done by or to the election agent, and any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Act, shall be an illegal practice and offence against this Act committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly ; and the candidate shall suffer the like incapacity as if the said act or default had been the act or default of the election agent. (3.) One clear day before the polling the election agent shall declare in writing the name and address of every sub-agent to the returning officer (/), and the returning officer shall forthwith give public notice of the name and address of every sub-agent so declared. (4.) The appointment of a sub-agent shall not be vacated by the election agent who appointed him ceasing to be election agent, but may be revoked by the election agent for the time being of the candi- date, and in the event of such revocation or of the death of a sub-agent another sub-agent may be ap- pointed, and his name and address shall be forthwith declared in writing to the returning officer, who shall forthwith give public notice of the same. Office of 26. (1.) An election agent (m) at an election for election a coun ^y or borough shall have within the county or agent and J ° J sub- . agent. (/) "Returning officer." See note as to " returning officer " under the preceding section. (m) "Election agent." See sect. 24. Election Expenses. 57 borough, or within any county of a city or town adjoining thereto, and a sub-agent shall have within his district, or within any county of a city or town adjoining thereto, an office or place to which all claims, notices, writs, summons, and documents may be sent, and the address of such office or place shall be declared at the same time as the appointment of the said agent to the returning officer, and shall be stated in the public notice of the name of the agent. (2.) Any claim, notice, writ, summons, or docu- ment delivered at such office or place and addressed to the election agent or sub-agent, as the case may be, shall be deemed to have been served on him, and every such agent may in respect of any matter con- nected with the election in which he is acting be sued in any Court having jurisdiction in the county or borough in which the said office or place is situate. 27. (1.) The election agent (n) of a candidate by Making of himself or by his sub-agent shall appoint every polling ^rou^h* agent, clerk, and messenger employed for payment election on behalf of the candidate at an election, and hire ° every committee room hired on behalf of the candi- date. (2.) A contract whereby any expenses are incurred on account of or in respect of the conduct or manage- ment of an election shall not be enforceable against a candidate at such election unless made by the candidate himself or by his election agent, either by himself or by his sub-agent ; provided that the in- («) "Election agent." See sect. 24, and note thereto. 58 Corr. and III. Pract. Prev. Act, 1883. Payment of ex- penses through election agent. ability under this section to enforce such contract against the candidate shall not relieve the candidate from the consequences of any corrupt or illegal practice having been committed by his agent. 28. (1.) Except as permitted by or in pursuance of this Act, no payment and no advance or deposit shall be made by a candidate at an election (o) or by any agent on behalf of the candidate or by any other person at any time, whether before, during, or after such election, in respect of any expenses incurred on account of or in respect of the conduct or manage- ment of such election (p), otherwise than by or through the election agent of the candidate, whether acting in person or by a sub-agent ; and all money provided by any person other than the candidate (q) for any (o) " A candidate at an election " is denned by sect. 63. (p) But under this section the Court will in every case consider (not by reference only to that definition but on all the facts) whether the payment in question is a payment "in respect of the conduct or management of such election." Thus the expenses of two meetings held to induce the respon- dent to stand, and of a requisition to him for that purpose, are not expenses in respect of such election. (Norwich case, 4 O'M. & H. 86.) Expenses connected with improving the registration of the borough in the interest of the candidate 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.) (7) "Any person other than the candidate." If money is spout illegally by an agent of the candidate to promote his return, wherever the money came from, such expenditure will be fatal to the candidate who succeeds by its help. Thus, where money was paid by one who was admitted to be an agent of the candidate, in order to enable roughs to bo hired for keeping order at that candidate's meeting, this was Election Expenses. 59 expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance, or deposit, shall be paid to the candidate or his election agent and not other- wise; Provided that this section shall not be deemed to apply to a tender of security to or any payment by the returning officer or to any sum disbursed by any person out of his own money for any small expense (r) legally incurred by himself, if such sum is not repaid to him. (2.) A person who makes any payment, advance, or deposit in contravention of this section, or pays in contravention of this section any money so provided as aforesaid, shall be guilty of an illegal practice. held to be an illegal practice within the section. It docs not matter under this section •whether the expenses are incurred by the election agent or by any other person. [Ipsn-ich case, 4 O'M. & H. 74.) [Note. — Volunteers may be employed to keep order ; and, where serious disorder is apprehended, it may be "wise to swear in such volunteers as special con- stables. (Per Cave, J., in the same case.)] Where certain payments had been made by the secretary of a political association on account of the election, and also, acting under the orders of such secretary, by a member of such association, and these payments were not included in the return of the election agent, but the secretary of the parent association repaid to the member of the local branch the sums so paid by him, the Court held that both persons had infringed this section, and their votes were struck off. {Buckrose case, 4 O'M. & H. 116.) (r) The proviso is meant to apply to such small payments as the hire, e. g. of a cab by a canvasser in order to go round canvassing, or for postage, &c, where the payer is not and does not intend to be repaid. Twenty pounds' worth of placards cannot be so excused ; 2s. (W. worth of cartoons possibly might. {Norwich c ise, 4 O'M. & LT. 89.) 60 Corr. and III. Pract. Prev. Act, 1883. Period for 29. (1.) Every payment made by an election claims and agent, whether by himself or a sub-agent, in respect making f an y expenses incurred on account of or in respect payments " A L for elec- of the conduct or management of an election, shall, penses." except where less than forty shillings, be vouched for by a bill stating the particulars and by a receipt. (2.) Every claim against a candidate at an elec- tion (s) or his election agent in respect of any expenses incurred on account of or in respect of the conduct or management of such election which is not sent in to the election agent within the time limited by this Act shall be barred and shall not be paid ; and, subject to such exception as may be allowed in pursuance of this Act, an election agent who pays a claim in contravention of this enactment shall be guilty of an illegal practice. (3.) Except as by this Act permitted, the time limited by this Act for sending in claims shall be fourteen days after the day on which the candidates returned are declared elected. (4.) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or manage- ment of such election, shall be paid within the time limited by this Act and not otherwise ; and, subject to such exception as may be allowed in pursuance of this Act, an election agent who makes a payment in contravention of this provision shall be guilty of an illegal practice. (5.) Except as by this Act permitted, the time (s) " Candidate at an election." See sect. 63. Election Expenses. 61 limited by this Act for the payment of such expenses as aforesaid shall be twenty-eight days after the day on which the candidates returned are declared elected. (6.) Where the election court reports that it has been proved to such court by a candidate that any payment made by an election agent in contravention of this section was made without the sanction or con- nivance of such candidate, the election of such candi- date shall not be void, nor shall he be subject to any incapacity under this Act by reason only of such payment having been made in contravention of this section. (7.) If the election agent in the case of any claim sent in to him within the time limited by this Act disputes it, or refuses or fails to pay it within the said period of twenty-eight days, such claim shall be deemed to be a disputed claim. (8.) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court (t) ; and any sum paid by the candidate or his agent in pursuance of the judgment or order of such court shall be deemed to be paid within the time limited by this Act, and to be an exception from the provi- sions of this Act, requiring claims to be paid by the election agent. (9.) On cause shown to the satisfaction of the High Court, such Court on application by the claim- ant or by the candidate or his election agent may by (<) See the County Courts Act, 1888 (51 & 52 Yict. c. 43), ss. 56 — 65. 62 Corr. and III. Pract. Prev. Act, 1883. order give leave for the payment by a candidate or his election agent of a disputed claim, or of a claim for any such expenses as aforesaid, although sent in after the time in this section mentioned for sending in claims, or although the same was sent in to the candidate and not to the election agent. (10.) Any sum specified in the order of leave may be paid by the candidate or his election agent, and when paid in pursuance of such leave shall be deemed to be paid within the time limited by this Act. 30. If any action is brought in any competent court to recover a disputed claim against a candidate at an election (,r), or his election agent, in respect of any expenses incurred on account or in respect of the conduct or management of such election, and the de- fendant admits his liability, but disputes the amount of the claim, the said amount shall, unless the court, on the application of the plaintiff in the action, other- wise directs, be forthwith referred for taxation to the master, official referee, registrar, or other proper officer of the court, and the amount found due on such taxation shall be the amount to be recovered in such action in respect of such claim. Personal 31. (1.) The candidate at an election (ar) may pay of oandi- an y personal expenses (//) incurred by him on account date and f or j n connection with or incidental to such election petty expenses, to an amount not exceeding one hundred pounds, but Refer en ee to taxation of claim against candi- dates. x) " Candidate at an election." See sect. 63. y) " Personal expenses." See sect. 64. Election Expenses. 63 any further personal expenses so incurred by him shall be paid by his election agent (z). (2.) The candidate shall send to the election agent within the time limited by this Act for sending in claims a written statement of the amount of personal expenses paid as aforesaid by such candidate. (3.) Any person may, if so authorised in writing by the election agent of the candidate, pay any neces- sary expenses for stationery, postage, telegrams, and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the elec- tion agent. (4.) A statement of the particulars of payments made by any person so authorised shall be sent to . the election agent within the time limited by this Act (a) for the sending in of claims, and shall be vouched for by a bill containing the receipt of that person. 32. (1.) So far as circumstances admit, this Act Remune- shall apply to a claim for his remuneration by an election election agent (b) and to the payment thereof in like agent and manner as if he were any other creditor, and if any officer's ° difference arises respecting the amount of such claim ex P eilses - the claim shall be a disputed claim within the meaning of this Act, and be dealt with accordingly. (2.) The account of the charges claimed by the (z) " Election agent." See sect. 24. (a) "Within the time limited by this Act." See sect. 29 (3). (6) See sect. 24. 64 Corr. and III. Pract. Prev. Act, 1883. 38&39 Vict, c. 84. Return and de- claration respecting election expenses. returning officer in the case of a candidate, and transmitted in pursuance of section four of the Parliamentary Elections (Beturning Officers) Act, 1875, shall be transmitted within the time specified in the said section (c) to the election agent of the candidate, and need not he transmitted to the candi- date. 33. (1.) Within thirty-five days after the day on which the candidates returned at an election are declared elected, the election agent of every candidate at that election shall transmit to the returning officer a true return (d) (in this Act referred to as a return respecting election expenses), in the form set forth in the Second Schedule (e) to this Act or to the like effect, containing, as respects that candidate, — (a) A statement of all payments made by the (c) I.e. " within twenty-one days after the day on which the return is made of the persons elected at the election." By the same section, "the returning officer shall not be entitled to any charges which are not duly included in his account." If any part of the returning officer's claim is objected to, application may be made (within fourteen days from the time when the account was transmitted) to the Lord Mayor's Court in London, and elsewhere in England to the County Court, and in Ireland to the Civil Bill Court, having jurisdiction at the place of nomination; which Court has jurisdiction to tax his account. (d ) Inspection may be had and copies obtained of this return on payment of the respective fees mentioned in sect. 35 (2). (e) E. g. where the names of the persons from whom rooms had been hired were (contrary to the form in the schedule-) omitted, and where the election agent had included his own personal expenses in tho sums paid for hiring the rooms, it was held that these things formed a prima facie case of illegal practice under this section ; but it was excused under the circumstances by an authorized excuse which the Court Las power to allow undor sect. 34. (Buckrose case, 4 O'M. & II. 118.) Election Expenses. 0-3 election agent, together with all the bills and receipts (which bills and receipts are in this Act included in the expression "return respecting election expenses ") ; (b) A statement of the amount of personal ex- penses, if any, paid by the candidate ; (c) A statement of the sums paid to the returning officer for his charges, or, if the amount is in dispute, of the sum claimed and the amount disputed ; (d) A statement of all other disputed claims of which the election agent is aware ; (e) A statement of all the unpaid claims, if any, of which the election agent is aware, in respect of winch application has been or is about to be made to the High Court ; (f) A statement of all money, securities, and equi- valent of money received by the election agent from the candidate or any other person for the purpose of expenses incurred or to be incurred on account of or in respect of the conduct or management of the election, with a statement of the name of every person from whom the same may have been received. (2.) The return so transmitted to the returning officer shall be accompanied by a declaration (/) made by the election agent before a justice of the peace in the form in the Second Schedule to this Act (/) " Declaration." Inspection may be had and copies obtained of this declaration on payment of the respective fees mentioned in sect. 35 (2). G6 Corr. and III. Pract. Prev. Act, 1883. (which declaration is in this Act referred to as a declaration respecting election expenses). (3.) Where the candidate has named himself {g) as his election agent, a statement of all money, secu- rities, and equivalent of money paid by the candidate shall be substituted in the return required by this section to be transmitted by the election agent for the like statement of money, securities, and equiva- lent of money received by the election agent from the candidate ; and the declaration by an election agent respecting election expenses need not be made, and the declaration by the candidate respecting elec- tion expenses shall be modified as specified in the Second Schedule to this Act. (4.) At the same time that the agent transmits the said return, or within seven days afterwards, the candidate shall transmit or cause to be transmitted to the returning officer a declaration made by him before a justice of the peace, in the form in the first part of the Second Schedule to this Act (which declaration is in this Act referred to as a declaration respecting election expenses). (5.) If in the case of an election for any county or borough, the said return and declarations are not transmitted before the expiration of the time limited for the purpose, the candidate shall not, after the expiration of such time, sit or vote in the House of Commons as member for that county or borough until either such return and declarations have been transmitted, or until the date of the allowance of (■) In the Norwich case (4 O'M. & H. 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 return 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 Publicu- ten days after he receives from the election agent of su ^^ 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 72 Cokr. and III. Pract. Prev. Act, 1883. 38 & 39 Vict. c. 84. of such 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. Prohibi- tion of persons guilty of corrupt or illegal practices, &c. from voting. Disqualification of Electors. 36. Every person guilty of a corrupt or illegal practice or of illegal employment, payment, or hiring at an election is prohibited from voting at such elec- tion, and if any such person votes his vote shall be void (»). (/) Viz. in counties and district or contributory boroughs 2/. 2s., and in other boroughs 11. la. (Seo sect. 2 of the Act cited, and the first schedule thereto annexed.) (m) On the trial of an election jmtition the Court will allow the Public Prosecutor to have a copy of the respon- dent's return of election expenses. (Hexham case, 4 O'M. & II. M3.) (>/) Field, J., said: — "Corruptness is the essence of dis- Disqualification of Electors. 73 37. Every person who, in consequence of convic- Prohibi- tion or of the report of any election court or election di S q U ali- commissioners under this Act, or under the Corrupt fied P| r " L sons from Practices (Municipal Elections) Act, 1872, or under voting. Part IV. of the Municipal Corporations Act, 1882 (o), »jj* 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 ict public office, has become incapable of voting at any c. 50. election, whether a parliamentary election or an elec- tion to any public office, is prohibited (q) from voting at 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 qualification under this 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. Semble, 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, payment 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, unless it were stated that incapacity should be prohibition, and amounted to prohibition. What may be an objection to registration is not necessarily a ground of objection to the exercise of the franchise by freemen. (Londonderry case, 4 O'M. & H. 103.) 74 Corr. 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 court or commissioners, as the case may be, shall cause notice to be given to such person, and if he appears in pursuance of the notice, shall give him an opportunity of being heard by himself and of calling evidence in his defence to show why he should not be so reported. (2.) Every person reported by election commis- sioners (>■) to have been guilty at an election of any 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 court 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 off ence under this Act, and notice of every such appeal shall be given to the Director of Public Prosecutions in the manner and within the time directed by rules of court, and sub- ject to such rules then within three days after the appeal is brought. (3.) Where it appears to the Lord Chancellor that appeals under this section are interfering or are likely (r) " Election Qommissionere." See sect. 64. Disqualification of Electors. 75 to interfere with the 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 case one of such judges shall proceed to the county or place in which the offences are alleged to have been committed, and shall there hear and determine the appeals in like manner as if such judge were a Court of oyer and terminer. (4.) The provisions of the Parliamentary 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 court, 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 (/) 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 court on the trial of a (s) 31 & 32 Yict. c. 125, beginning sect. 28. (*) See sect. 6 (3). (u) See sect. 11. 76 Cork, and III. Pract. Prev. Act, 1883. petition respecting such election to have been duly elected at such election or render him incapable of sitting in the House of Commons for the said county or borough during the Parliament for which he was elected. (6.) Where a person who is a justice of the peace is reported by any election court or election 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 Great Britain with such evidence as may have been given of such corrupt practice, and where any such person acts as a justice of the peace by virtue of his being, or having been, mayor of a borough, the Lord High Chancellor shall have the same power to remove such person from being a justice of the peace as if he was named in a commission of the peace. (7.) Where a person who is a barrister or a 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 Inn of Court, High Court, or tribunal having power to take cognizance of any misconduct of such person in his profession (%), and such Inn of (x) A barrister may be disbarred by his Inn, subject to an appoal to the judges. As to other professions, seo Solicitors Disqualification of Electors. 77 Court, High Court, or tribunal may deal with 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 (a) . (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 upon 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). (z) 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- feitures of licenses, disqualifications of premises, records of convictions, and other matters relating to the licenses on the register. (a) " Bribery." See the Third Schedule to this Act, where the enactments defining "Bribery" are set forth. "Treating" — see sect. 1. 78 Corr. and III. Pract. Prev. Act, 1883. person having an opportunity of being heard by himself and producing evidence before being re- ported) shall 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 refusing 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 & 30 Vict. c. 94), s. 42 ; the "Wine and Beerhouse Act, 1869 (32 & 33 Vict. c. 27), ss. 8 and 19 [by which it is not lawful for the justices to refuse an application except on certain grounds therein mentioned] ; and the Beer Dealers' lletail Licenses Act, 1882 (45 & 46 Vict. c. 34). Disqualification of Electors. 79 information as is necessary or proper for enabling him to act under this section. (10.) This section shall apply to an election court under this Act, or under Part IV. of the Municipal Corporations Act, 1882 (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- vo fe rs f 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 votm £ b y J . corrupt not capable of voting by reason of having after the or illegal commencement of this Act been found guilty of a prac 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 & 46 other Act for the time being in force relating to a Vlct- c- o0 * parliamentary election or an election to any public office ; and such officer shall state in the list (in this (c) 45 & 46 Yict. 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. 18), 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 might appoint for that purpose." 80 Corr. and 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 circumstances 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 the name of any person from such Disqualification of Electors. 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. 82 Corr. and III. Tract. Pre v. 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 be 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 specifically 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 bo 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 Hanapcr in Ireland, as the case may be, of the member to whose election tho petition relates, unless it question the 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 (y) 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 he 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 purposes of this section — (a) where the return and declarations are received on different days, the day on which the last of them is received, and (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 furtherance 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. Norivood, 4 C. 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 cise, 4 O'M. & H. 117.) (h) See sect. 56, and note. g2 84 Corr. and III. Pract. Prev. Act, 1883. shall be substituted for tlie 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 (k) is granted, there shall be pro- petihon. ol uce (l 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 the 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 purposes of this Act, Sunday, Christmas Day, and Good Friday, and any day set apart for a public fast or public thanksgiving, shall be excluded." (Jc) "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, whoro a pastoral letter read throughout the whole county had been decided to bo " unduo 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 Heath case, 4 O'M. & H. 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- 86 Corr. and III. Pract. Prev. Act, 1883. 31 & 32 Vict. c. 125. Continua- tion uf 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, 18G8, 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 affidavit in pursuance 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, (/) " Lawful day." A phraso from Scotch law. All the days of the week except Sunday, or the fast days appointed by Government, aro called lawful days ; and no legal dili- Proceedings on Election Petition. 87 and in case the rota of judges for the year shall expire before the conclusion 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 purpose 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^e C ° or 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 any direc- tri ^ oi tions given to him by the election court with re- petition, spect to the summoning and examination of any ^cudon 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 court (»i), if gence either against person or property can be executed, except on a lawful day. (Bell's Dictionary of the Law of Scotland, sub 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 Corr. 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 offence before the said court, or if he thinks it expe- dient («) in the interests of justice before any other competent court. founded on something substantial. [Stepney case, 18S6, 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 Boroughs case, 4 O'M. & H. 168, 169.) There, at the conclusion of the respondent's case, the Court called certain witnesses for their own information, hoping that they might throw further light on obscure 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 in 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 lifiht 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 be his duty to interfere, and to call that evidence himself. But the Court is cautious how it allows him to do so. {Rochester case, 4 O'M. & II. 158,) (») " Or if he thinks it expedient." lie must exercise his own discretion, {//is/rich case, 4 O'M. & H. 75.) So in the West Belfast case (4 O'M. & II. 109), the Court were 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 corrupt 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 [= the Director of Public Prosecutions in England, by sect. 69 (8)] ; but they ordered 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 Walsall case, 4 O'M. & H. 123.) 90 Corr. and III. Pract. Prev. Act, 1883. a court of summary jurisdiction, as the 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 summons 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-General, 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 pm'poses 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 Director of Public Prosecutions under this section (including the remuneration of his representative) shall, in the first instance, be paid by the Commissioners of Her Majesty's Treasury, and so far as they are not in the case of any prosecution paid by the defendant shall be deemed to be 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) This section only applies to the costs of the Public Prosecutor at the trial of the petition ; and where the petition is withdrawn (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. [Devunport case, 54 L. T. N. S. 7o3.) (l>) AVhere 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. & II. t»5.) And, on the other hand, where the Public Prosecutor's 92 Cork, and III. Pract. Prey. 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. & II. 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. & II. 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. & II. 104 ; O'Brien, J., remarking that his costs ought to bo regarded as part of the ordinary costs incident to the administration of tho law in that country. The Court will make no order about tho Public Prosecutor's costs when no special grounds for such order are put forward. ( Walsall case, 4 O'M. & II. 126.) PllOCKEDINGS ON ELECTION PETITION. 93 persons is or are proved, whether by providing money or otherwise, 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 corrupt 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 Eules and Regulations of the Supreme Court of Judicature with respect to costs (q) to be (?) See Eules of the Supreme Court, 1883, Ord. LXV., and Appendix N. When 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, and III. Pract. Prey. 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 (>•), 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 respondent was given costs of those cases which were included 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 they failed to prove. Cf. 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 position 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 under 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 petitioner paying the respondent'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.) (r) This is a limitation on the discretion which the Court had under sect. 41 of the Parliamentary Elections Act, 186S (31 & 32 Vict. c. 125). By that section, "All costs, charges, and expenses of and incidental to the presentation of a petition under this Act, and to the inocoedings consequent thereon, -with the exception of such costs and expenses as are by this Act otherwise provided for, shall be defrayod by tho parties to tho j^etition in such manner and in such proportions as Proceedings ox Election Petition. 95 the Court or judge may determine, regard being Lad 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 discouragement of any needless exj)ense 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 according to the same prin- ciples as costs between attorney and client 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 petitions generally, and he will tax them on the usual scale, which does not differ substantially from the other scale." (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 tbe nature and importance or the difficulty or urgency of the case the Court 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 tho 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 the Devonport case, 54 L. T. N. S. 733, that costs ought to be allowed on the higher scale. Cf. Montgomery Boroughs case, 4 O'M. & H. 170. For dif- ference between the two scales, see Appendix X. The Court has power to lower the costs apparently, even to county court costs. (Devonport case, ubi supra.) (s) See Ord. LXT. rule 29. The Court of Chancery had (and the High Court now has), in matters of equitable juris- diction, a general and discretionary power to give to a sue- 96 Cokr. and III. Pract. Prev. Act, 1883. Miscellaneous. Liquiryby 45 > TAThere information is given to the Director Director . . ° of Public of Public Prosecutions that any corrupt or illegal tionTinto P rac tices 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 (t), to make practices. sucn 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 the commencement of this Act, become subject to proof that an y incapacity under the Corrupt Practices Preven- procured tion Acts(^) or this Act, by reason of a conviction by P er - or f a report of any election court (a?) or election commissioners (.r) , 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 Kennington case, 4 O'M. & H. 95, the respon- dent's counsel applied 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 Court. 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. 65(1) and the Third Schedule. (x) Defined by sect. 64. Miscellaneous. 9? 47. (1.) Every county shall be divided into poll- Amend- ing districts, and a polling place shall be assigned to i aw as t0 each district in such manner that, so far as is reason- P? 1 *"?^ • i • t • i districts ably practicable, every elector resident m the county and poll- shall have his polling place within a distance not ex- mg p ace8, 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 Q/), 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) Bepresentation of the People Act, 1867 (30 & 31 Vict. c. 102), s. 34. J. H 98 Cork, and III Pract. Prey. Act, 1883. from his residence, so nevertheless that a polling district need not he constituted containing less than three hundred electors ; and (b) Every elector resident in the boroughs of East Retford, Shoreham, Cricklade, Much Wenlock, and Aylesbury, shall be enabled to poll within a distance not exceeding three miles from his residence, so 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 (z), 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 polling 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 tho beginning to " one hun- dred registered electors." (See the Fifth Schedulo to this Act. ) (a) See tho 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 "?• J . certain crossing the sea or a branch or arm thereof, this Act cases, shall not prevent 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 Vict. cap. 57, or any amendment thereof , l[^ TS no t 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 fore . the , r r passing or making 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 (b) "For the purpose of proving the commission of any corrupt 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 allow 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 Corr. and III. Pract. Prev. Act, 1883. contained shall affect any proceedings that shall be pending at the time of such passing. Trial in Central Criminal Court of indict- ment for corrupt practice at instance of Attorney - General. Limita- tion of time for prosecu- tion of offence. Legal Proceedings. 50. Where an indictment as defined by this Act for any offence under the Corrupt Practices Pre- vention Acts (c) or this Act is instituted in the High Court or is removed into the High Court by a writ of certiorari issued at the instance of the Attorney- Greneral, and the Attorney- General suggests on the part of the Crown that it is expedient for the pur- poses of justice that the indictment should be tried in the Central Criminal Court, or if a special jury is ordered, that it should be tried before a judge and jury at the Royal Courts of Justice, the High Court may, if it think fit, order that such 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. 51. (1.) A proceeding against a person in respect of the offence of a corrupt or illegal practice or any other offence under the Corrupt Practices Prevention 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 8hall be commenced within one year after the offence (c) " Corrupt Practices Prevention Acts." What this means is explained in the third schedulo to this Act. (See sect. 65 (1).) Legal Proceedings. 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 by 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 ^u g found guilty of an illegal practice (which offence corrupt shall for that purpose be an indictable offence) , and ^ a ^ ^ e any person charged with an illegal practice may be ^ uu ^ d found guilty of that offence, notwithstanding that illegal the act constituting the offence amounted to a corrupt P ractlce - practice, and a person charged with illegal payment, (d) " Charged with a corrupt practice" Not a sufficient description of an offence in an indictment. (See Reg. v. Stroulger, 11 Q. B. D. 327; and see the next section (sect. o'S) and note thereunder. ) 102 Corr. akd 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 offence 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 corrupt practice." But " corrupt practice " is not a sufficient description of an offence in an indictment. (See Beg. v. Stroulger, 17 Q. B. D. J527.) In that case, the prisoner was tried and convicted on an indict- ment alleging that at the parliamentary election for Lpswich he was guilty of corrupt practices, against the form of the stahxte, &c. The majority of the Court held that the indict- ment was defectivo, because it did not state specifically of what corrupt 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 that 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 officer 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- ... ■> it- tion on on summary conviction may be prosecuted in manner 8ummar y provided by the Summary Jurisdiction Acts (/). conviction, /o \ a • j -l ■ j_- i and a PP eal (2.) A person aggrieved by a conviction by a to quarter court of summary jurisdiction for an offence under seS810ns ' this Act may appeal (l' doctors." See Parliamentary Registration Act, 1843 (G & 7 Vict. 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 addressing therein electors, committeemen, or others : The expression " public office " means any office under the Crown or under the charter of a city or municipal borough or under the Acts relating to Municipal Corporations or to the Poor Law, or under the Elementary Education Act, 1870, 33 & 34 or under the Public Health Act, 1875, or under 38 & 39 any Acts amending the above-mentioned Acts, c ' °' y 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) With regard to " associations," &c, as agents, see note on the Parliamentary Law of Agency 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 expressions " 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 (e) ; and the expressions " pecu- niary reward " and " money " shall be deemed to include any office, place, or employment, and (r) Thus, refreshments may bo payment. (Barrow-in- Furness case, 4 O'M. & II. 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 * es ' 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 Corr. and III. Pract. Prev. Act, 1883. 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. Com- 67. This Act shall come into operation on the ment of fifteenth day of October one thousand eight hundred Act - and eighty-three, which clay is in this Act referred to as the commencement of this Act. Application of Act to Scotland. Applica- 68. This Act shall apply to Scotland, with the Act to following modifications : Scotland. (I,) The following expressions shall mean as follows : 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 burgh of regality and burgh of barony : The expression " Acts relating to municipal corpo- rations" shall include the General Police and Improvement (Scotland) Act, 1862, and any other Act relating to the constitution and government of burghs in Scotland : The exjDression "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 Vict. c. 53, and 44 & 45 Vict. c. 33. 120 Corr. and III. Pract. Prev. Act, 1883. with 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 Court of Session shall have power to make Acts of sederunt for the purposes of this Act. (5.) Court of Oyer and Terminer shall mean a circuit court of Justiciary, and the High Court of Justiciary shall have powers to make acts of adjournal 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 Publicans' Certificates (Scot- Vict - c - 26 - land) Act, 1876," and the Acts thereby amended and therein recited. (9.) The expression " register of licences " shall mean the register kept in pursuance of section 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 apply. (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 (g) 30 & 31 Vict. c. 101. (h) 35 & 36 Vict. c. 62. 122 Corr. and III. Pract. Prev. Act, 1883. enacted that the assessor shall in counties include the names of such persons in the list of persons who have become disqualified, and in boroughs shall omit the names of such persons from the list of persons entitled to vote. (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 General. (14.) Any reference to the Attorney-General 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 Royal Courts of Justice shall not apply. 24&25 (16.) Section thirty-eight of the County Voters ' Registration (Scotland) Act, 1861, shall be substi- tuted for section ninety-seven of the Parliamentary Registration Act, 1843, where reference is made to that section in this Act. (17.) The 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 Court of Session may make by act of sederunt, be taxed as nearly as possible according to the same principles as costs between agent and client are taxed in a cause in that court, and the auditor shall not allow any costs, charges, or expenses on a higher scale. Application of Act to Ireland. 123 Application of Act to Ireland. 69. This Act shall apply to Ireland, with the Applica- -,-, . -, . n , • tion of Act following modifications : to i re i an a. (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 & 46 (2.) The expression " Summary Jurisdiction Acts" 1C ' c ' 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 Vlctc - 93 - 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 Registration Act, 1843 (e), 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 (0 6 & 7 Yict. c. 18. 124 Corr. 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 Cornet of Judicature in Ireland shall be substituted for the Supreme Court of Judicature. (6.) The High Court of Justice in Ireland shall be substituted for the High Court of Justice in England. (7.) The Lord High Chancellor of Ireland shall be substituted for the Lord High Chancellor of Great Britain. (8.) The Attorney- General for Ireland shall be substituted for the Director of Public Prosecu- tions, and the reference to the prosecution of 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 Galway there shall be a polling station at Barna, and at such other places within the parliamentary borough of Galway as the town commissioners may 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 (k). (11.) Any reference to the Licensing Acts shall be construed to refer to the Licensing Acts (Ireland), 1872-1874 (I). (12.) The Public Health (Ireland) Act, 1878 shall « & 42 be substituted for the Public Health Act, 1875. (13.) The provisions with respect to the removal of cases to the Central Criminal Court, or to the trial of cases at 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 ance ' hundred and eighty-four, and no longer, unless con- tinued by Parliament (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 has 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. Persons 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 within each polling district and no more. (3.) One polling agent in each polling station and no more. (4.) In a borough one clerk (n) 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 (m) Where the election agent was a solicitor, and he em- ployed ono 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. (Buckrvsc case, 4 O'M. & II. 116.) 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 there 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 complete five hundred : Provided always, that the number of clerks and messengers so allowed in any county may be employed in any polling district where their services may be required. (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 Retford, (o) A vote will be struck off if the children of the voter are employed and paid as messengers by the candidate. (Stepney case, 1886, 4 O'M. & H. 39.) "Where M. voluntarily undertook the duties of a sub-agent without any payment or reward, or promise of payment or reward, and when he voted he believed he would receive none, but after the election was over the election agent, finding that he had a surplus, paid Mm the sum of 26/!. 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. W. Essex case, 2 T. L. E. 388.) 128 Corr. and III. Pract. Prev. Act, 1883. Shoreharn, Cricklade, Much Wenlock, and Aylesbury, the provisions of this part of this schedule shall apply as if such borough were a county. Part II. Legal Expenses in Addition to Expenses under 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 polling day, in the neighbourhood of the polling-stations, handbills twelve inches long by eight inches broad, headed ' ' Stepney Election. Facts worth remembering at the poll." 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 papers thus." Then followed a copy of the ballot paper, 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, Meld, J. — that these men were not employed to " distribute addresses or notices" within the meaning of the schedule. But Field, J., would not therefore hold that an illegal employment or payment 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 illegal practice. Denman, J., held that thero 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 whoro it was proved that persons had been paid for the distribution of certain documents relating to the respon- dent's candidature at the election, including a lettor from a • ■ 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, althotigh 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 Court held there was no illegal employment or payment under this section, hut that such things come fairly within the meaning of " addresses and notices." Offensive pictures and statements might 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." ■ K 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 500, 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., H., 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 .. . 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 Ireland, for every complete 1,000 elec- tors above 2,000. Part V. General. (1.) In the case of the boroughs of East Eetford, Shoreham, Cricklade, Much Wenlock, and Aylesbury, the provisions of Parts II., III., and IV. of this schedule 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 IIL 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 . Corr. and III. Pract. Prev. Act, 1883. agent or agents, hire or use the same committee rooms for such election, or employ or use the services of the same sub-agents, clerks, messengers, or 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 expensos. Schedules. 133 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 hereby solemnly and sincerely declare that I have examined the return of election expenses [about to be] transmitted by my election agent [or if the candidate is Ms oion election agent, " by me"] to the returning officer at the said election, a copy of which is now shown to me and marked , and to the best of my knowledge and belief that return is correct ; And I further solemnly and sincerely declare that, except as appears from that return, I have not, and to the best of my knowledge and belief no person, nor any- club, society, or 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 oion election agent, leave out "to my election agent"] the sum of pounds and no more for the purpose' of the said election, and that, except as specified in the said return, no money, security, or equivalent for money has to my knowledge or belief been paid, advanced, given, or deposited by anyone to or in the hands of my election agent [or if the candidate is his own election agent, " my- self"]- or any other person for the purpose of defraying 134 Corr. 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 T 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 marked , and to the best of my knowledge and belief that return is correct ; And I hereby further solemnly and sincerely declare that, except as appears from that return, I have not and to the best of my knowledge and belief no other person, nor any club, socioty, or association has on behalf of the said candidate mado any payment, or given, promised, or offored any reward, office, employment, 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 ecjuivalent 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 of Retukx 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 Where 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 Court 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 borough] of on the day "of , acting as my own election agent, make the " following return respecting my election expenses at " the said election "]. Receipts. Received of [the above-named candidate] [or] where the candidate is his oicn election agent, J- £ "Paid by me"] - - - -J Eeceived of J.K. - - - £ [Here set out the name and description of every person {r), club, society, or association, whether the candidate or not, from whom any money, securities, or equivalent of money ivas received in respect of expenses incurred on account of or in connexion ivith or incidental to the above election, and the amount received from each person, club, society, or association separately .] Expenditure. Paid to E.F., the returning officer for the -said ^ county [or borough] for his charges at the j- £ said election - - - - - J (r) Where there was an omission of those through inad- vertence, Pollock, B., said : — " The requirements of the schedule are of the greatest importance to carry 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 (6). 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 tho Court were satisfied that there had been not only no rnoncy misspent, but that there had been no intention in passing this account to mislead anybody in this important particular. (Buchroae case, 4 O'M. &ii. no.) Schedules. 137 Personal expenses of the said CD., paid by himself [or if the candidate is his own election agent, " Paid by me as candidate "] - Do. do. paid by me [or "j if the candidate is his own election agent, add i £ " acting as election agent "] - - - J Received by me for my services as election ~\ agent at the said election [or if the candidate j- £ 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 and 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 list £ ."] Paid to the following persons in respect of goods supplied or work and labour done : To P. Q. (printing) ... £ To M.N. (advertising) - - - £ To R.S. (stationery) - - - £ \_The name and description of each person, and the nature of the goods supplied, or the ivork (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 address and business should be given. {Norwich case, 4 O'M. & H. 91.) 138 Corr. III. and Pract. Prey. Act, 1883. and labour done by each, must be set out sepa- rately either in the account or in a separate list annexed to and referred to in the account. ~] Paid for postage ■ . - - £ Paid for telegrams - £ Paid for the hire of rooms as follows : — For holding public meetings - £ 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 whom any payment teas made for each such room, together with the amount paid, must be set out separately either in the account or in a separate list annexed to and referred to in the account. ~\ Paid for miscellaneous matters, namely — - £ [The name and description of each person to whom any sum is paid, and the reason for which it teas paid to him, must be set out separately either in the account or in a separate list annexed to and, referred to in the account. ~\ In addition to the above, I am aware, as election agent for CD., [or if the candidate is his own election agent, leave out " as election agent for C.Z)."] of the following disputed and unpaid claims ; namely, — Disputed claims. By T. U. for - - £ [Here set' out the name and description of each person whose claim is disputed, the amount of the claim, and the goods, ivork, or other matter on the ground of which 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 application has been or is about to be made to the High Court. By M. 0. for - - - £ [Here state the name a?ul description of each person to whom any such claim is due, and the amount of the claim, and the goods, tvork, and labour or other matter on account of which the claim is due.~\ (Signed) A.B. Part H. Fomi of Declaration as to Expenses. Form for candidate where 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. Prev. Act, 1883. or given any security or equivalent for money to the person acting as my election agent at the said election, or to any other person, club, society, or association on . account of or in respect of the conduct or management of the said election, and that [or with the exception of ] I am entirely ignorant of any money security or equivalent for money having been paid, advanced, given, or deposited by any one for the purpose of 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 1 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. 30 & 31 Vict. c. 102. . • 31 & 32 Vict. c. 48. 31 & 32 Vict, c. 49. 44 & 45 Vict: c. 40. Paet I. Temporary. 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 Parliamentary Elections Act, 1868. The Ballot Act, 1872 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 unrepealed. The whole Act so far as unrepealed. 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. 142 Corr. and III. Pract. Prev. Act, 1883. Part III. (*). 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 defined. '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 : (t) 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 Rog*ers on Elections, 16th ed., vol. 2, p. 302, and are principally these: — Dover case, Wolferstan & Bristowe, 127 ; Lambeth case, Wolferstan & Dew, 129; Preston case, "Wolferstan & Bristowe, 74 ; Coventry case, 1 O'M. & H. 102 ; Bradford case, 1 O'M. & EL 32 ; Bristol case, sub tit. ; Britt v. Robinson, L. R. 5 C. P. 503; Rye case, 3 Power, Rodwell & Dew, 122; Belfast case, 1 O'M. & H. 285; Oldham case, 1 O'M. & H. 162; Mallow case, 2 O'M. & H. 21. Cf. also Parker's Powers, Duties and Liabilities of an Election Agent, 2nd cd., pp. 380—404. Schedules. 143 (2.) Every person who shall, directly or indirectly, by himself, or hy 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 Parliament, 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 Corr. and III. Pract. Prey. 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 he deemed defined g u ilty of bribery, 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 by 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 ratefito P aym g an y ra * e on Phalli of any ratepayer for the bo punish- purpose of enabling him to be registered as a voter, ^if aB thereby to influence his vote at any future election, and (») See Beverley case, 1 O'M. & H. 145; Oldham case, 1 O'M. & H. 164; Taunton case, 1 O'M. & H. 183; Hastings case, 1 O'M. & II. 219; Cheltenham ca'se, 1 O'M. & H. 63; Wtgan case, 1869, 1 O'M. & H. 190; Rogers on Elections, 16th ed., 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 pay™ en ^ purpose of enabling him to be registered as a voter, be punish- thereby to influence his vote at any future election, and *™*j as 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. 1 7. 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 t° be P un " any candidate or other person, either directly or indi- bribery, rectly, paying such fee on behalf of .any person for the 146 Corr. and III. Pract. Prev. Act, 1883. Persona- tion de- fined. purpose of inducing him 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 g^lty of bribery, and punishable accordingly. The Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24 (x). A person shall 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. FOURTH 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 Stepney case, 1886, 4 O'M. & H. 43 ; Rogers on Elections, 16th ed., vol. 2, pp. 146 — 152 ;' Parker's Powers, Duties and Liabilities of an Election Agent, 2nd od., 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. i l2 148 Corr. and III. Pract. Prev. Act, 1883. Session and Chapter. 17 & 18 Vict. C 102. 21 & 22 Vict. c. 87. 26' & 27 Vict. c. 29. 30 & 31 Vict. c. 102. 31 & 32 Vict. c. 48. 31 & 32 Vict, c. 49. 31 & 32 Vict. c. 58. 31 & 32 Vict. c. 125. Title or Short Title. 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 Representation 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 justioes " 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 sub-s. 16. Schedules. 149 Session and Chapter. Title or Short Title. Extent of Repeal. 35 & 36 Vict. 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 PARLIAMENTARY 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 (1869), 1 O'M. & H. 10.) Principle of the Parliamentary Law as to Agents. — The principle is well summed up in the maxim, "Nemo CORONABITUR QUI NON LEGITIME CERTAVER1T." 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 Westbury case, 1 O'M. & H. 55 ; Tamworth 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. (Dungannon 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 bona fide did his best to hinder it. {Taunton case, 1 O'M. & H. 182; Barnstaple 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 Norwich case (1869), 1 O'M. & H. 11; Westminster case, id. 95; Aylesbury 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 uhat he- intended, but what authority 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, upon the common sense broad view of it, an agent for whom the candidate would be responsible. {Bewdley case, 1 O'M. & H. 18 ; cf. also Stalei/bridge case, id. 70 ; Wakefield case, 2 O'M. & H. 102; Teickcsbury case, 3 O'M. & H. 99 ; Bridgewater 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 Bridgcicater 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 require 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. {Westbury 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. [Barnstaple 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. {Bewdley ease, 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. {Westbury 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. {Nonvich 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 Parliamentary Law as to Agency. 157 conclude that agency is established. (Shrewsbury case, 2 O'M. & H. 36 ; cf. Tewkesbury case, 3 O'M. & H. 98 ; Salisbury 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 with one of the principal agents, who saw him canvassing, or was present when he was canvassing. (Bolton case, 2 O'M. & II. 140, 141.) Introducing caudidates 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. (Salisbury case (1880), 3 O'M. & H. 132.) Where the respondent determined and made known his determination to those who were prima 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. (Harivich case, 3 O'M. & H. 69.) For a definition of " canvassing," see West bury 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 Huddersfield case, 2 Power, Eodwell & Dew, 128.) Peing on the committee is one of the circumstances, several of which go cumulatively, to prove agency. (See Stroud case (Nov. 1874), 3 O'M. & H. 11, above cited.) So, where 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, proved to be in a committee-room, and coming out of it with a body of Parliamentary 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. {Tewkesbury 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. (Staleybridge case, 1 O'M. & H. 66.) — III. Keceiving 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. (Bewdley case, 1 O'M. & H. 19.) — IV. Receiving Letter of Authority from the Candidate. — See, for instance, The Galway 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. (Blackburn 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." (Norwich case, 4 O'M. & II. 89.) — V. By inference from a previous Election. — Where, at a previous election, the respondent had appointed B. to act Parliamentary 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 disclaimed 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. [Waterford 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. {Mallow 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 E., 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. {Tamworth 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. (Tamworth 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 he no agent in The Windsor case, 1 O'M. & H. 3. (Cf. 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. (Galivay 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) : — Staleybridge 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 poll. (King's Lynn case, 1 O'M. & H. 208 ; Parliamentary Law as to Agency. 163 North Norfolk case, 1 O'M. & H. 243.) The respondent's privity must be shown after that. (Sa/ford 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 own 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 Ids 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." (Bexcdley 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 "vVise plan, as soon as the candidate has been fixed upon, for these associations to suspend their operations until after the election is over." [Rochester 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." (Hexham 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. 165 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 of 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 expound his views, and after that the connection ended, it was held that they were not agents. ( Westbury 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 further remarks as to the general principle of these cases, see the judgment of Lush, J., in The Chester case, 44 L. T. N. S. 286, 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 Parliamentary Law as to Agency. common law. Thus, the statement of an agent made after a transaction is not evidence against the principal. {Harwich 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 (3.1 & 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.) ( 166« ) THE CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1895. [58 & 59 Vict.] An Act to Amend the Corrupt and Illegal Practices Prevention Act, 1883. Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this pre- sent Parliament assembled, and by the authority of the same, as follows : — 1. Any person who, or the directors of any body Certain or association corporate which, before or during any statements parliamentary election, shall, for the purpose of concern- affecting the return of any candidate at such elec- candidate tion, make or publish any false statement of fact in *° be an relation to the personal character or conduct (a) of practice. (a) "Conduct." It has been apprehended that some ques- tion may arise under this section, as to whether it does not include erroneous statements with regard to political conduct. Lord Herschell, when the Bill was before the Lords, said that he did not feel altogether sure that it did not. But it will be observed that it must be a false statement of fact, so that in any case it will not touch any subject, which is a bond fide matter of opinion. 166b Corr. and III. Pract. Prev. Act, 1895, such candidate shall be guilty of an illegal practice 46 & 47 within the meaning of the provisions of the Corrupt ' and Illegal Practices Prevention Act, 1883, and shall be subject to all the penalties for and consequences of committing an illegal practice in the said Act mentioned, and the said Act shall be taken to be amended as if the illegal practice denned by this Act had been contained therein. Evidence 2. No person shall be deemed to be guilty of such o^charo-e^ illegal practice if he can show that he had reasonable under the grounds for believing, and did believe, the statement made by him to be true. Any person charged with an offence under this Act, and the husband or wife of such person, as the case may be, shall be competent to give evidence in answer to such charge. Injunction 3. Any person who shall make or publish any person false statement of fact as aforesaid may be restrained making ^y interim or perpetual injunction by the High statement. Court of Justice from any repetition of such false statement or any false statement of a similar character in relation to such candidate, and for the purpose of granting an interim injunction prima facie proof of the falsity of the statement shall be sufficient. Candidate 4. A candidate shall not be liable, nor shall be rated in subject to any incapacity, nor shall his election be certain avoided, for any illegal practice under this Act com- illegal mitted by his agent {a) other than his election agent, (u) " Agent," see " Note on the Parliamentary Law as to Agency," at p. 151. As in the principal Act, the election 58 & 59 Vict. 166c unless it can be shown that the candidate or his practice election agent has authorised or consented to the y agen committing of such illegal practice by such other agent, or has paid for the circulation of the false statement constituting the illegal practice, or unless upon the hearing of an election petition the election court shall find and report that the election of such candidate was procured or materially assisted (b) in will not be annulled under this statute for anything done by a person who is not his " agent " at all. But, as in the cases of treating (see p. 29), and of intimidation (see p. 31), there may be such general corruption as will vitiate an election at common law, so it may be suggested that there might be such a general circulation of a slander as would also deprive the candidate of his seat. For what is the rationale of the common law in the above-mentioned cases ? This question is answered by Martin, B., in The Bradford Case, 1 O'M. & H. 39. " By the common law," he said, " such an election would be void, because it would be carried on contrary to the principle of the common law." Winning an election by a malicious slander, at any rate, is surely impossible without " carrying it on contrary to the principle of the law." But the difficulty of applying this rule to the case of lies and incorrect statements generally is obvious ; for in many cases it would then be necessary for the court to enter upon quasi- historical enquiries, which is manifestly quite impossible. (b) " Procured or materially assisted." It is not unlikely that these words may give some difficulty. For what is "materially assisting" a candidate's election? In one sense, eveiy vote "materially assists" the candidate for whom it is given. It is the chief mission of every canvasser to urge and insist that it does so. In another sense, when the election is over, it may be said that no vote given or withheld is of "material assistance" to either side, which would not have turned the scale. If the phrase be so interpreted, it is synonymous with and adds nothing to the word "procures." We imagine that the promoters of the measure intended to meet cases where it is reasonable to suppose that the conduct complained of may have affected the result, having regard to the absolute majority obtained : 166c? Corr. and III. Pract. Prev. Act, 1895: consequence of the making or publishing of such false statements. Short title. 5. This Act may be cited as the Corrupt and Illegal Practices Prevention Act, 1895, and shall be construed as one with the Corrupt and Illegal Prac- tices Prevention Act, 1883, and that Act and this Act may be cited together as the Corrupt and Illegal Practices Prevention Acts, 1883 and 1895. this criterion has frequently been applied to cases of such general corruption as will vitiate an election at common law. See the cases collected at pp. 29 — 31. INDEX. Accidental Miscalculation, 52. Action for disputed claim, 61. Advebtising Agent, exhibiting bill, 37. Agents, principle with regard to, 151'. degrees of agency, 155. duration of agency, 162. sub-agents, 155. particular things from which 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, denned, 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. handbills, 47, 128. Cards, when marks of distinction, 45. relief 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 Clerks, names and addresses of, necessary in election agent's return, 137. election agent employing his own, 126. 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 Pole, 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 when judges differ, 94. how recovered, 106. when petition oppressive, 93. of the Public Prosecutor, 91, 92, 106. when petition withdrawn, 91. where petitioner impecunious, 94. Court, "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, 59. INDEX. 171 Election Agent, nomination of, 54. candidate may namo himself as his own, 54. office of, 56, 57. when to be appointed, 54. duties of, 54. making of contracts through, 57, 58. employing his own clerks, 126. insufficient return of election expenses by, 67. remuneration of, 63. Election Commissioners Act extended to illegal 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 of Bills, payment for, 37. Expenses, incurred before candidature, 111, 112. registration, 38. newspaper, 38. period for claims and payments, 60. False Statement of Withdrawal, 39. Forms 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. Hat, cards for, 45, 52. mF' r->™ compensation to voter for loss of, 135. Hearing, opportunity 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. by any person, 49. ^^ u _- j 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. ' Judicial 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. Lawful Day, 87. Lord Chancellor, power to order appeal to judges on rota, 75. report of J. P. to, when guilty of corrupt 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, necessary in election agent's return, 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. 175 Notice, of hearing before being reported, 74. where relief sought, 53, 70. publication and service of, 110. Office of election agent, 56, 57. Onus 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. denned, 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. Polling Districts and Places, 97, 98. Premises, what may not be used as committee-room, 48. Priests, undue influence by, 31. Printer, name of, must be on bills, 47. Profession, when person belonging to, is guilty of corrupt practice, 76, 78. Promise to Treat, a charge requiring an answer, 29. Public Office denned, 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 corrupt 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. Refreshments, what, are treating, 29. Register of Electors, defined, 114. mistake in name on, 73. list of incapacitated persons in, 79. INDEX, 177 Eegistration Expenses, when paid by candidate, 38, 58. Eegistration Officer, duties of, 80. breach of duty by, 110. defined, 114. Belief, when granted, 50 — 54, 68 — 71. effect of, in case of illegal practice, 53. on ground of inadvertence, 52, 69. what notice required, 53, 70. Eeport to Speaker, 53. of corrupt practices, 34. of illegal practices, 39, 40. Eeturn 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. Public Prosecutor entitled to co.py of, 72. form of, 135. Beturning Officer, 63. expenses of, 59. breach of duty by, 109. must publish summary of return of election expenses, 71. Eevising Barrister, duties of, 81. Eibbons, 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 corrupt, 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. spiritual, 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. employment of children of, 127. conveyance to poll of, 36, 43. Voting, by prohibited persons, 38. persons disqualified from, 73. Withdrawal of Candidate, false statement of, 39. corrupt inducing 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. Workers, refreshment to, 46. LONDON : PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE, E.O. n „.„,„,, ,.- ,.,..i .. t,iK.. l en ; wun ...,„„..„. ovo. stn Edit. Price 28*. cloth. 1885. Maxims. — Broom's (Dr.) Selection of Legal Maxims, Classified and Illustrated. Sixth Edition. By Herbert Francis Mamsty, of the Inner Temple. Esq.. Barrister-at-Law. ' Svo. Price 1/. 11*. 6d. 1884. 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