^^2^Hr^mmtntlt^|| ^tetott$. USii- OE- QJorn^U Sam i^rliaol Slibratg SHAW AND SO]f^''¥KiMfff§f°ifD PUBLISHERS, ELECTION F(MmS AJfD MATERIALS- -oon. 9 II ii 2 4" ^ 5 ■+? -*^ 00 133 .a .a E~ 00 CO c> ,a ^" lO CD 4 . M ^ ^ ^ § fi.^ 33 (M I §0 rH B CO 1> 5 o I ^ I .1 r*^ ^ ^ S : S :=a : §> :? 1=3 V V -00 ■ •g" c» (U o : g : Pi „ o „ o ^ iz5 ;zi » .a gM g.a ai ® DO OQ d S o a 43 pu^ CU53 §^ a a a ■i4S'a3a ^^^^& s a » a • g -a : g : S J2-at3^2rgS -? gs a.a g^ g,q a a " a 2 a 2 a'S fl ft"-S eu-^ ou'-g Ph'S" ^ .2 ^ .S j< .3 ^ J as a^ a3 Srizi fe"^ fe'Szi I" a s s 2 s § s :S 5 ^ Digitized by Microsoft® xxxvi Parliamentary Elections. » ia n pi A p< i^ ■* ^^^^ „ Chancellor of the Exchequer . . . ) ' ' Chief Secretary for Ireland ... 54 Geo. 3, c. 16. Church Estates, First Commissioner 13 & 14 Vict. t. 94, s, 3, Education, Vice-President of the CouncUon 19 & 20 Vict. c. 116. „ . TO- ■*• i See 30 & 31 Vict. c. 102, Equerry, or Groom m Waiting ... ^ ^^^^^_ ^ 1, 1.1 n t. 11 „« ii, f See 30 & 31 Vict. c. 102, Household — Comptroller of the ,„ i jched. H. , „ „ „., „ fSee 30 & 31 Vict. c. 102, Household— Treasurer of the ... ^ sched. H. P Digitized by Microsoft® 98 Parliamentary Elections. Household— Vice-Chamberlain of j See 30 & 31 Vict. c. 102, the I sched. H. T , . , . „ 1 I See 30 & 31 Vict. c. 102, Judge- Advocate (general ... . . . < ached H Local Government Board, President 34 & 35 Vict. c. 70, o. 4. Local Government Board, Secretary 34 & 35 Vict. c. 70, s. 4. Officers in the Army, &c. ... ... See p. 86. Ordnance, Surveyor- General of ... 33 & 34 Vict. c. 17, ss. 2, 3. Paymaster-General 35 & 36 Vict. c. 44, s. 4. Peers (Irish), except for Irish con- stituencies 39 & 40 Geo. 3, c. 67. Pensioners — Civil Service 32 & 33 Vict. c. 15, s. 1. Pensioners — Diplomatic ... ... 32 & 33 Vict. c. 43, s. 17. Postmaster- General 29 & 30 Vict. c. 56. President of the Privy Council ... { ^'lZl^_ ^''=*- "■ ^''^' Secretary for Scotland 48 & 49 Vict. c. 61, s. 3. Secretaries of State, not more than four 27 & 28 Vict. c. 34, s. 1. Secretaries of State (Under), not more than four 27 & 28 Vict. c. 34, s. 1. Solicitor-General-England . . { ^^^^^O^* ^ ^i-=*- =• l^^, ' Solicitor-General-Scotland ... | ^^H^^^ ^'^*- <=" ^°^' Solicitor-General-Ireland ...\ ^^^f'^^ ^'"t' "=• ^^' L sched. H. m_ ii T J TT- 1 f See 30 & 31 Vict. c. 102. Treasurer, the Lord High j h ci TT ' Treasury — Lords Commissioners of 5 W. & M. c. 7, s. 57. Treasury — Secretaries 15 Geo. 2, c. 22, s. 3. War Office — Financial Secretary ... 33 & 34 Vict. c. 17, ss. 2, 3. Works, Fir^t Commissioner of ... 14 & 15 Vict. c. 24, ». 20. Digitized by Microsoft® The Election Agent. 99 CHAPTER n. PERSONS EMPLOYED ON BEHALF OF A CANDIDATE FOR PAYMENT. I. The Election Agent. Appointment. The Corrupt and Illegal Practices Prevention Act, 1883, enacts that on or before the day of nomination a person must be named by or on behalf of each candidate as his election agent. Section 24(1). A candidate may, however, name himself election agent, lb. s. .24 (2). There is no special form of appointment, nor does the Act require that the person appointed should have any special qualification. Notice to returning officer. On or before the day of nomination the name and address of the election agent of each candidate must be declared in writing by the candidate, or by some other person on his behalf, to the returning officer, who must forthwith give public notice of the same. lb. s. 24 (3). One election agent only. One election agent only can be appointed on behalf of each candidate (lb. s. 24 (4) ), but the same person may be agent for more can- didates than one. lb. sched. I., P. V. 4. Revocation of Appointment, or Death of Agent. The appointment of an election agent, whether the agent appointed be the candidate himself or not, may be revoked, and in the event of such revocation or his F 2 Digitized by Microsoft® 100 Paiiiamentary Elections. death, whetlier such event is before, during, or after the election, then forthwith another election agent must be appointed, and his name and address declared in writing to the returning officer, lb. s. 24 (4). Persons Disqualified to be Agents. Persons guilty of corrupt practices. If upon the trial of an elec- tion petition a candidate is proved to have personally engaged as a canvasser or agent for the management of the election any person, knowing that such person has within seven years previous to such engagement been found guilty of any corrupt practice — 1. By a competent legal tribunal, or 2. By the report of an election court, or 3. By the report of election commissioners (15 & 16 Vict. c. 57), then the election of such candidate shall be void. 31 & 32 Vict. c. 125, s. 44. As to personally engaging the agent, it is not neces- sary to show that the candidate went and spoke to the scheduled man, and said to him, " Act as my agent ;" but the engagement must be brought home to the can- didate's personal knowledge. The person employed need not be paid, but he must be employed for managing the whole or part of the election. A person employed for certain specific pur- poses, as a landlord to canvass his own tenants, would not be such an agent for the management of the whole or part of the election. Nor would the chairman of a public meeting to promote the candidate's return, nor even his proposer be within the above section. But being chairman of a committee would be evidence tending to show such person was manager of part of the election, so as to bring him within the statute. North Norfolk case, 1 O'M. & H. 286 ; 21 L. T. (n.s.) 270. See also the Oalway Borough case, 2 O'M. & H. 196. Digitized by Microsoft® Sub-Agents. 101 Returning officers, Sc. As to the prohibition of the returning officer and officers appointed by him under the Ballot Act acting as agents, see p. 30. The sheriff substitute, sheriff clerk, and town clerk are also prohibited from directly or indirectly acting as agent for any candidate. 2 & 3 Will. 4, c. 65, s. 66. Statutory Duties. If ^ly sub-agents (see below) are appointed, they must be appointed by the election agent, and this apparently whether they are paid or not. The election agent, by himself or sub-agent, must also appoint every polling agent (see p. 108), clerk, and messenger employed for payment, and hire every committee room.. 46 & 47 Vict. c. 51, ss. 25 (1), 27 (1). Except in the cases hereafter mentioned, all ex- penses incurred on account of an election must be paid by the election agent either in person or by a sub- agent, except the tender of security to, or payments by, the returning officer, or any small expense legally incurred by a person which is not repaid to him. lb. s. 28 (1). The personal expenses of the candidate may be paid by himself to an amount not exceeding one hundred pounds ; any further personal expenses must be paid by the election agent. Ih. s. 31 (1). II. Sub-Agent. Appointment. The office of sub-agent, like that of election agent, has been created by the Corrupt and Illegal Practices Prevention Act, 1888. A sub-agent can only be employed at county elections, when one may be employed for each polling district. The appointment must be made by the election agent, who must declare in writing the name and address of every sub-agent to the returning officer, and the returning officer must forthwith give notice of the name and address of every sub-agent so declared. 46 & 47 Vict. c. 51, s. 25. Digitized by Microsoft® 102 Parliamentary Elections. Duties. As regards matters in a polling district, the election agent may act by the sub-agent for that district, and anything done for the purposes of the Corrupt and Illegal Practices, &e.. Act, by or to the sub-agent, shall be deemed to be done by or to the election agent. Ibid. Any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against the Act, is an illegal practice or offence committed by the sub-agent, and the sub-agent shall be punished accordingly ; and the candidate shall suffer the like incapacity as if the act or default had been the act or default of the election agent. Ibid. Revocation of Appointment or Death of Sub- Agent. The appointment of a sub-agent is not 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 candidate. In the event of such revocation, or of the death of a sub- agent, another sub-agent may be appointed ; and his name and address must be forthwith declared in writing to the returning officer, who must forthwith give public notice of the same. Ibid. Persons Disqualified. Persons disqualified to be election agents are also disqualified to be sub-agents. See p. 100. Office of Agents and Sub-Agents. An election agent for a county or borough must have within the county or borough, or within any county of a city or town adjoining thereto, and a sub-agent must have within his district, or within any county of a city or torwp. adjoining thereto, an office to which all claims, notices, vreits, summons, and documents may be sent ; and the address of such office must be declared at the same time as the appointment of the agent to the Digitized by Microsoft® Polling Agents, Clerks, kc. 103 returning oflScer, and shall be stated in the public notice of the name of the agent. 46 & 47 Vict. c. 51, s. 26. The Redistribution of Seats Act, 1885, provides that the law relating to parliamentary elections shall apply as if each division of a county were a separate county. 48 & 49 Vict. c. 23, s. 9 (3). It would therefore appear that the election agent must have his oflSce in the division of a county for which he is election agent, or within a county of a city or town adjoining thereto. III. Polling Agents, Clerks and Mbssengees. Appointment. Every polling agent, clerk, and messenger employed for payment must be appointed by the election agent or sub-agent. Only one polling agent can be employed for payment in each polling station. 46 & 47 Vict, sched. I. , p. I (3). There appears to be no legal objection, however, to the appointment of any number of unpaid polling agents, and the appointments m. such case may be made by the candidate himself. This remark applies also to unpaid clerks and messengers, but not to the election agent, nor, it is submitted, to sub-agents. As to the notice of appointment of polling agent to be given to the returning officer, see ante, p. 34. Duties of Polling Agent. The principal duty of polling agent (formerly called personation agent) is to attend at the polling station for the purpose of detecting personation, and to discharge this duty efficiently he shoiild be well acquainted with the persons voting at his polling station. He may require, and if he does so, the presiding officer is bound to put the questions per- mitted by law to any person applying for a ballot paper ; he may also request the presiding officer to administer Digitized by Microsoft® 104 Parliamentary Elections. the oath to the applicant as to his identity. See 6 Vict. c. 18, s. 81. If at the time a person applies for a ballot paper or after he has voted and before he leaves the station the polling agent declares to the presiding officer that he verily believes and undertakes to prove that the person voting is not the person in vrhose name he assumes to vote, the presiding officer must immediately after the person has voted order a constable or other peace officer to take such person so voting into custody. 76. s. 86. If the justices before whom the person accused of personation is brought are satisfied that the charge is unfounded, they may order the polling agent to pay, if the party accused consents to accept the same, any sum not exceeding lOL nor less than 51. as damages and costs. lb. s. 89. If the person accused agrees to accept the sum awarded, and such sum is paid or tendered, but not otherwise, the agent, candidate, and all other persons are released from all actions or other proceedings, civil or criminal, in respect of the charge and apprehension. Ibid. The polling agent must make the declaration of secrecy. 35 & 36 Vict. c. 33, s. 4. Misconduct of a polling agent in a station, though it may justify the presiding officer in removing him, wiU not render the election of the candidate on whose behalf he was appointed void. Bolton case, 2 O'M. & H. 138. To reduce the number of disputed claims to a minimum, and to enable the election agent to keep the expenditure within the maximum allowed, the remunera- tion of every sub-agent, polling agent, clerk, and messenger should be fixed when they are appointed. Clerks and Messengers. The number of clerks and messengers that may be employed will be found at p. 114. Digitized by Microsoft® Agents for Counting the Votes, 105 Persons cannot be employed and paid as clerks or messengers and employed in capacities not mentioned in the Corrupt and Illegal Practices Prevention Act, 1883 (see section 17 (1),) as, for instance, in canvassing. A person sent round simply to inquire how voters intend to vote is, properly speaking, a messenger so long as he does not use any influence either personal or by his powers of persuasion to induce a voter to vote or refrain from voting for a particular candidate, and there appears no objection to the employment of a paid messenger for such a duty. If, however, he does use influence, he ceases to be a mere messenger and becomes a canvasser, and payment to him for such service would appear to be illegal. See, as to distinction between a canvasser and messenger, the Bodmin case, 1 O'M. & H. 117; 20 L. T. (n.s.) 989. Any of the persons mentioned above may be electors, but, if paid for their services, they must not vote, and the term "payment" includes any pecuniary or other reward ; and the expressions " pecuniary reward " and " money " iuclude any oflSce, place, or employment, and any valuable security or other equivalent for money, and any valuable consideration, and expressions referring to money shall be construed accordingly. 46 & 47 Vict. c. 51, s. 64. Agents for Counting the Votes. The Ballot Act, 1872, contemplates the appointment of agents to attend at the counting of the votes, but such persons are not mentioned in the Corrupt and Elegal Practices, &c.. Act, 1883. It would appear, therefore, that though persons may be employed in such capacity they cannot be paid, not being employed in a capacity mentioned in the first or second parts of the first schedule to the latter Act, unless the duties of such agents are to be considered clerical. f3 Digitized by Microsoft® 106 Parliamentary Elections. CHAPTEE III. PAYMENTS. Except as permitted by the Corrupt and Illegal Practices Prevention Act, 1883, no payment, "] is to be C candidate or agent 'f advance, or y made i on his behalf or > at any time deposit J by a (. any other person j , , , ) before, during, or ) an election in respect i after j of any expense incurred on account of or in respect of the conduct or management of such election, otherwise than by or through the election agent of the candidate, whether acting in person or by a sub-agent. 46 & 47 Vict, c. 51, s. 28 (1). Providing Money. All money provided by any person other than the candidate for any expenses in- curred on account of the conduct or management of the election, whether as a^y^oTor \ mnst be paid to the \ "^^di-Jate or his deposit, \ ( election agent. Any person who acts in contravention of the above provisions is guilty of an illegal practice. lb. s. 28 (1). Exceptions. A tender of security to the returning officer, which may be given by any person. 38 & 89 Vict. c. 84, s. 3 (4) ; 46 & 47 Vict. c. 61, s. 28 (1). Payments made by the returning oflScer. Small sums legally expended by a person out of his own money and not repaid to him. Ibid. Digitized by Microsoft® Personal Eiopemes of Candidate. 107 The candidate's personal expenses, not exceeding lOOZ. See below. A disputed claim paid by order of a competent court may be paid by the candidate himself. See p. 109. Sums paid by leave of the High Court may be paid by the candidate. See p. 109. Authorized payments for stationery, postage, and telegrams. See below. Vouchers. Every pajrment made by an election agent or sub-agent must, except when less than forty shillLngs, be vouched for by a bill stating the particu- lars and by a receipt. lb. s. 29 (1). Any excess of the candidate's personal expenses above one hundred pounds should be vouched in the same way. lb. B. 31 (1). Stationeiy, Telegrams, &c. The election agent may authorize in writing any person to pay any neces- sary expenses for stationery, postage, telegrams, and other petty expenses not exceeding the amount men- tioned in such authority, and the person making the payments must, within the time limited for sending in claims, send to the election agent a statement of parti- culars, vouched for by a bill containing the receipt of the person, lb. sub-sees. (3), (4). Any excess beyond the amount mentioned in the authority must be paid by the election agent. Ibid. Personal Expenses. A candidate may pay any personal expenses incurred by him on account of or in connexion with or incidental to the election to an amount not exceeding one hundred pounds. lb. 81 (1). The expression includes the candidate's reasonable travelling expenses, and his reasonable expenses of living at hotels or elsewhere for the purposes of and in relation to the election. lb. s. 64. Digitized by Microsoft® 108 Parliamentary Elections. The candidate must send to the election agent within 14 days after the day the candidates returned were declared elected a written statement of his personal expenses. lb. s. 3 (2). Election Agent's Fee. This fee is to be paid, as far as circumstances admit, in like manner as if he were any other creditor, and if a difference arise respecting the amount of the claim, it is to be con- sidered a disputed claim. lb. s. 32 (1). Contracts which may be Enforced. The only contracts enforceable against a candidate are those entered into by himself or his election agent. The inability to enforce a contract against the candidate does not relieve him from the consequences of any corrupt or illegal practice having been committed by his agent. lb. s. 27 (2). Time within which Claims must be sent in. Every claim against a candidate or his election agent in respect of any expenses incurred on account of or Ln respect of the conduct and management of the election which is not sent in to the election agent within the time limited is barred and must not be paid. 46 & 47 Vict. c. 51, s. 29 (2). Subject to such exception as may be allowed in pur- suance of the Act, an election agent who pays a claim in contravention of the above enactment is guilty of an illegal practice. Ibid. The time limited by the Act for sending in claims is fourteen days after the day on which the candidates returned are declared elected. lb. sub-sec. 3. Sundays, &c., are included in this computation. The account of charges claimed by the returning officer must be transmitted to the election agent vsdthin 21 days after the day on which the return is made of the persons elected. 38 & 39 Vict. c. 84, s. 4 ; 46 & 47 c. 51, s. 32 (2). Sunday, Christmas Day, Good Friday, fasts, and thanksgiving days are not reckoned. Digitized by Microsoft® Disputed Claims. 109 Time within which Payment must be made. All expenses incurred by or on behalf of a candidate at an election must be paid within the time limited by the Act and not otherwise, lb. s. 29 (4). Subject to such exception as may be allowed by the Act, an election agent who makes a payment in contra- vention of the above provision is guilty of an illegal practice. Ibid. The time limited for the payment of expenses is 28 days after the day on which the candidates returned are declared elected. lb. sub-sec. 5. Where an election court reports that the candidate has proved that any payment made by his election agent in contravention of the above provisions has been made without his sanction or connivance his election will not be declared void, nor will he be subject to any incapacity. lb. s. 29 (6). Disputed Claims, Disputed claims are those which have been sent in within the time limited, and which the election agent either Disputes, or Eefuses to pay, or Fails to pay. The claimant may bring an action for a disputed claim in any competent court, and any sum paid by the candidate or agent in pursuance of the judgment of such court is deemed to be paid within the time limited. The payment may be made by the candidate himself. lb. a. 29 (8). On cause shown to the satisfaction of the High Court, such court, on application either by the claimant or by the candidate or his election agent, may by order give leave for the payment of a disputed claim, or of any such expense as aforesaid, although sent in after the time limited, or although the same was sent to the candidate and not to the election agent. Ih, 29 (9). Digitized by Microsoft® 110 Parliamentary Elections, Any sum specified in the order of leave may be paid by the candidate or his election agent, and is deemed to be paid within the time limited. lb. 29 (10). Where an action is brought, and the candidate or agent admits his liability but disputes the amount, such amount may, unless the court on the application of the plaintiff' otherwise directs, be forthwith referred for taxation to the proper officer of the court, and the amount found due shall be the amount to be recovered in such action. lb. s. 30. As to the taxation of the returning officer's claim, see p. 69. Return and Declaration. Within 35 days after the day on which the candidates were declared elected, the election agent of every candidate at the election must transmit to the returning officer a true return (a), called a return respecting election expenses, in the form set forth in the Second Schedule to the Corrupt and Illegal Practices, &c.. Act, containing as respects that candidate — (a) A statement of payments made by the election agent, with all bills and receipts. (b) Personal expenses of candidate. (c) Sums paid to the returning officer, or if the amount is in dispute, the amount disputed. (d) A statement of all other disputed claims of which the election agent is aware. («) Unpaid claims, in respect of which application has been or is about to be made to the High Court. (/ ) A statement of all monies received, with name of person from whom received. 76. s. 33(1). (o) All expenses incurred for the purpose of supporting a par- ticular candidate's interest at a particular election should be included in this return. For form of account, sec p. 120. Digitized by Microsoft® Return of Election Expenses. Ill The election agent must send with the return a declaration made before a justice of the peace in the form given at the end of this chapter (p. 119). When the candidate is his own election agent, the return and declaration must be modified. lb. s. 33 (3). See form at end of the chapter (p. 119). At the same time that the election agent transmits his return or within seven days afterwards, the candidate must transmit a declaration made before a justice of the peace in the form given in the first part of schedule 2. See end of chapter (p. 118). If the return and declarations are not transmitted before the expiration of the time limited, the candidate is prohibited from sitting or voting in the House of Commons until such return and declarations have been famished, or until the allowance of a lawful excuse for failure to transmit the same. The member who sits or votes in contravention of this provision forfeits 100?. per day to any person who sues for the same. lb. s. 33 (5). If without lawful excuse an election agent or can- didate fails to make the required return and declarations, he is guilty of an illegal practice. lb. s. 83 (6). If the candidate or election agent knowingly makes a false declaration, he shall on conviction be liable to the punishment for perjury, and such offence is deemed a corrupt practice, lb. s. 33 (7). Where the candidate is out of the United Kingdom when the return is transmitted to the returning officer, he may make his declaration within fourteen days after his return to the United Kingdom, which must be forthwith transmitted to the returning officer, lb. s. 33 (8). But this delay is not to exonerate the election agent from complying with the provisions of the Act as to the return and declaration. lb. a. 33 (8). If a candidate has been nominated or declared a candidate, either without his consent or in his absence, and takes no part in the election, he may make a Digitized by Microsoft® 112 Parliamentary Elections. declaration to that effect in the form contained in schedule 2, part 2, of the Corrupt and Illegal Practices Prevention Act (see end of the chapter) ; but the election agent must comply with the provisions of the Act. S. 63 (2). Where, after the date at which the return respecting election expenses is transmitted, leave is given by the High Court for any claims to be paid, the candidate or his election agent must within seven days after pay- ment transmit to the returning officer a return of the sums paid, with a copy of the order of court giving leave, and in default he shall be deemed to have failed to comply with the requirements of the Corrupt and Illegal Practices Act, 1883, without authorized excuse. lb. B. 33 (9). Where the return and declarations have not been transmitted, or contain an error or false statement, then — (a.) If the candidate applies to the High Court or an election court, and shows that the failure to transmit the return and declarations or any error therein has arisen by reason of his illness, or of the absence, death, iUness, or misconduct of his election agent, or sub- agent, or of any clerk of such agent, or by reason of inadvertence, or of any reasonable cause of the like nature, and not by reason of any want of good faith on the part of the applicant ; or (6.) If the election agent shows that the failure, &c., arose by reason of his iUness, or the death or illness of any prior agent, or from any cause similar to those mentioned in the preceding paragraph, the court may, after notice of the application has been given in the county or borough to which the election relates, and on production of evidence of the grounds Digitized by Microsoft® Eiror in Return of Expenses. 113 stated in the application, excuse the failure, or error, or false statement. lb. s. 84 (1). Where it appears to the court that an election agent or sub-agent has refused or failed to make the return, or supply such particulars as will enable the candidate and his election agent respectively to make the return and declarations respecting election expenses, the court, before allowing the excuse, shall order such person to attend before the court, and on his attendance shall, unless he shows cause to the contrary, order him to make the return and declaration, or deliver a state- ment of particulars, within such time, and to such person, and in such manner as the court may direct, or may order him to be examined with respect to such particulars, and may, in default of compliance with any such order, order him to pay a fine not exceeding 5001. lb. s. 34 (2). The court may make the allowance conditional upon making the return and declaration in a modified form, or within an extended time, and upon comphance with such other terms as to the court seem best calculated for carrying into effect the objects of the Corrupt and Illegal Practices Prevention Act. lb. s. 34(3). An order allowing an authorized excuse shall relieve the applicant for the order from any liabUity or con- sequence under the Corrupt and Illegal Practices Pre- vention Act, 1883, in respect of the matter excused by the order. Ibid. Where the candidate proves to the court that any act or omission of the election agent in relation to the return and declaration was without his sanction and coimivance, and that he took all reasonable means for preventing such act or omission, the court shall re- lieve the candidate from the consequences of such act or omission on the part of the election agent. Ibid. The date of the order, or, if conditions and terms are to be compHed with, the date at which the appli- Digitized by Microsoft® 114 Farlmmentary Elections. cant fully complies with them, is the date of the allow- ance of the excuse. Ihid. suh-sect. 4. The returning officer must publish a summary of the return. See p. 70. The returning officer must also keep the return and vouchers for two years. See p. 70. Pebsons Leoally Employed fob Payment. One election agent and no more, whether paid or unpaid. One sub-agent for each polling district in Counties only. One polling agent in each polling station. In a Borough one clerk and one messenger when the number of electors does not exceed 500, and an additional clerk and messenger for each additional 500 or fraction thereof. In a County for the Centbal Committee Room one clerk and one messenger when the number of electors in the county does not exceed 5,000, and an additional clerk and messenger for each additional 5,000 or frac- tion thereof. Also in a — County one clerk and one messenger for each Poll- ing DiSTEiOT when the number of electors in the poll- ing district does not exceed 500, and an additional clerk and messenger for each additional 500 or frac- tional part thereof. Where a county or borough is divided, each division is considered a separate constituency. Lawful Expenses in Addition to the Above. 1. Returning officer's charges, not exceeding the amount authorized by 88 & 89 Vict. e. 84. (See pp. 71-76.) Digitized by Microsoft® Miscellaneous Expenses. 115 2. Personal expenses of the candidate. Items 1 and 2 are not included in the maccimmn amounts mentioned below. 3. The expenses of printing, the expenses of adver- tising, and the expenses of publishing, issuing, and distributing addresses and notices. 4. The expenses of stationery, messages, postage, and telegrams. ' 5. The expenses of holding public meetings. 6. In a Borough the expense of one committee room for each complete 500 electors ox fraction thereof. 7. In a County the expenses of a central committee room and one committee room for each polling dis- trict, and where the number of electors in a polling district exceeds 500 an additional committee room for each complete 500 electors. Miscellaneous Matters. Expenses for miscellaneous matters not mentioned above must not exceed 200Z., and may not be expended in any matter constituting an offence under the Act, or in respect'of a payment expressly prohibited by the Act. If there are two joint candidates, this amount is to be reduced for each by one fourth. Maximum Scale. The expenses mentioned above, other than the Per- sonal Expenses of the candidate, and the RETUENiNa Officer's Charges, must not exceed the amounts set forth in the subjoined table. Digitized by Microsoft® 116 Parliamentary Elections. Maximum Scale of Candidate's Expenses at an Election (exclusive of Personal Expenses and Keturning Officer's Charges). England and Scotland. Ii'eland. No of Electors. Counties. Boro's. Counties. Boro's. Not exceeding £ £ £ 2,000 650 350 500 2,001 2,999 710 380 540 . 3,000 3,999 770 410 580 1) 4,000 4,999 830 440 620 i 5,000 5,999 890 470 660 s 6,000 6,999 950 500 700 J3 7,000 7,999 1,010 530 740 1 8,000 8,999 1,070 560 780 O 9,000 9,999 1,130 590 820 tM 10,000 10,999 1,190 620 860 t 11,000 11,999 1,250 650 900 A 12,000 12,999 1,310 680 940 :§ 13,000 13,999 1,370 710 980 % 14,000 14,999 1,430 740 1,020 c H 15,000 15,999 1,490 770 1,060 g 16,000 16,999 1,550 800 1,100 =2 17,000 17,999 1,610 830 1,140 S 18,000 18,999 1,670 860 1.18Q ■3 19,000 19,999 1,730 890 1,220 20,000 20,999 1,790 920 1,260 s 21,000 21,299 1,850 950 1,300 i 22,000 22,999 1,910 980 1,340 oo 23,000 23,999 1,970 1,010 1,380 24,000 24,999 2,030 1,040 1,420 And for counties in Great Britain an additional 60?. for every complete 1,000 electors. For counties in Ireland an additional iOl. for every complete 1,000 electors. For boroughs in the United Kingdom an additional 30i. for every complete 1,000 electors. Digitized by Microsoft® Joint Candidates. 117 " Borough " in the foregoing table refers to every borough, iacludiag a district borough. The five boroughs which were treated as counties have ceased to exist. The number of electors in a constituency is deter- mined by the number on the register. "Where there are two joint candidates the amount for each is to be reduced by one-fourth. Jcdnt candidates. When candidates hire or use the same committee rooms for the purpose of the election, where they have the same election agent, or the same sub- agents, clerks, messengers, or polling agents, or publish a joint address, or joint circular, or notice at such election, they are deemed joint candidates. {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 unimportant character, shall not be deemed of itself to constitute persons joint candidates. (6.) Nothing is to prevent persons ceasing to be joint candidates. (c.) Where any excess of expenses above the maximum allowed for one of two joint can- didates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after having begun his election separately, and the ceasing or beginning was in good faith, and the ex- cess is reasonable, and the total expense of the candidate does not exceed the maximum allowed for a separate candidate, the excess shall be deemed to have arisen from a reason- able cause, and the High Court or election court may grant relief. Digitized by Microsoft® 118 Parliamentary Elections. Poem op Declaeations 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 own election agent, " by me "] to the returning officer at the said election, a copy of which is now shown to me and marked „ and to the best of my knowledge and belief that return is correct ; And I further solemnly and sincerely declare that, except as appears from that return, I have not, and to the best of my knowledge and belief no person, nor any club, society, or asso- ciation, has, on my behalf, made any payment, or given, promised, or offered any reward, ofSce, employment, or valuable considera- tion, 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 own election agent, lea/tie 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, " myself"] or any other person for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or management of the said election; And I further solemnly and sincerely declare that I will not, except so far as I may be permitted by law, at any future time make or be party to the making or giving of, any payment, reward, ofiice, 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 expenses. Signatiire of declarant C. D. Signed and declared by the above-named declarant on the day of , before me. (Signed) ^. F. Justice of the Peace for Digitized by Microsoft® Return of Election Expmses. 119 Form for Election Agent. I, , being election agent to , candidate at the election for the county [or borough] of , on the day of , do hereby solemnly and sincerely declare that I have examined the return of election expenses about to be trans- mitted 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 j And I hereby further solemnly and sincerely declare that, except as appears from that return, I have not, and to the best of my knowledge and belief no other person, nor any club, society, or association has on behalf of the said candidate made any payment, or given, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election ; And I further solemnly and sincerely declare that I have received from the said candidate pounds and no more [or nothing] for the purpose of the said election, and that, except as specified in the said return sent by me, no money, security, or equivalent for money has been paid, advanced, given, or deposited by any one to me or in my hands, or, to the best of my knowledge and belief, to or in the hands of any other person for the purpose of defraying any expenses incurred on behalf of the said candi- date on account of, or in respect of the conduct or management of the said election.. Signature of declaramt A. B. Signed and declared by the above-named declarant on the day of before me. (Signed) H.F. Justice of the peace for FOEM OP EBTirBN OF ELECTION EXPENSES. I, A. B,, being election agent to O. Z>., 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, C. Z>., candidate at the election for the county [or borough] of on the day of , acting as my own election agent, make the following return respecting my election expenses at the said election "]. Digitized by Microsoft® 120 Parliammtary Elections, Meceipts. Received of [the ahove-named candidate] [or toTtere ) the candidate is his own election agent, " Paid by > £ me"] ) Received oi J. K. - - - £ \^Rere set out the name and description of every 'person, cluh, society, or association, whether the candidate or not, from whom any m^ney, securities, or eqtdvalent of money was received in respect of expenses incarred on account of or in connexion with or incidental to the above election, and the amount received from each person, club, society, or association separately.'} Expenditure. Paid to E. F., the returning officer for the said '\ county [or borough] for his charges at the said \ £ election - - . • -J Personal expenses of the said C D., paid by himself 1 [or if the candidate is his own election agent, >• £ " Paid by me as candidate "] - ■ ■ ) Do. do. paid by me [or'\ if the candidate is his own election agent, add > £ " acting as election agent "] ■ -J Received by me for my services as election agent ■) at the said election [or if the candidate is his > £ own election agent, leave out this item} - -j Paid to &. S. as sub-agent of the polling district of £ [^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 nam£S and descriptions of every polliny agent, clerk, and messenger, and the sum paid to each, must be set out separately either in the account or in a separate Ust annexed to and referred to in the account, thus, " Paid to polling agent {or as the case may be) as per annexed list £ ."] Digitized by Microsoft® Form of Account. 121 Paid to the following persona in respect of goods supplied or work and labour done : To P. q. (printing) £ To M. N. (advertising) £ To S. S. (stationery) £ [The name and description of each person, and the nature of the goods supplied, or the work and labour done iy each, must be set out separate^/ 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 follow : — For holding public meetings - - . • £ For committee rooms .....£ [A room hired for a public meeting or for a com- mittee room must be named or described so as to identify it ; and the name and description of every person to whom any payment was 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 accotint.'] Paid for miscellaneous jnatterSj namely — - - £ [The name and description of each person to whom any sum is paid, and the reason for which it was 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 C. D. [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 r. Cr. for £ [Here set out the name and description of each person whose claim is disputed, the amount of the claim, and the goods, work, or other matter on the ground of which the claim is based.] G Digitized by Microsoft® 122 Parliamentary Elections. 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 ... [Sere state the name and description of eg-cli person to whom any such claim is due, and the amount of the claim, and the goods, work, and labour or other matter on account of which the claim is dvs.~] (Signed) A. S. Poem op Dbolaeation as to Expenses. Form for candidate where declared a candidate or nominated in his absence and talcing 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 ofEered, 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 [or with the exception of ] I have not paid any money or given any security or equivalent for money to the person acting as my election agent at the said election, or to any other person, club, society, or association on account of or in respect of the conduct or management of the said election, and that [or with the excep. tion of ] I am entirely ignorant of any money, security or equivalent for money having been paid, advanced, given, or deposited by any one for the purpose of defraying any expenses Digitized by Microsoft® Declaration by Member. 123 incurred on account of or in respect of the conduct or manage- ment of the said election. And I further solemnly and sincerely declare that I will not, except so far as I may be permitted by law, at any future time make or be party to the making or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be party to the providing of any money, security, or equivalent of money for the purpose of defraying any such expenses. Signature of Declarant C. D. Signed and declared by the above-named declarant on the day of , before me, (Signed) M F. Justice of the Peace for g2 Digitized by Microsoft® 124: Parliamentary Elections. CHAPTEK IV. PEESONS DISQUALIFIED FEOM VOTING. Formerly every voter might be called on to establish his claim to vote at the time he tendered it. The in- convenience of this practice led to the adoption of a system of registration by vrhich persons entitled to vote were placed on a register or list, and the fact of a person's name being on this list was made conclusive evidence of his right to vote, so far at least as the pro- cedure at elections is concerned, and the absence of a person's name was conclusive evidence of his want of title. The Ballot Act, 1872, provides that a person shall not be entitled to vote unless his name is on the register, and that every person whose name is on the register shall be entitled to demand and receive a ballot paper, and to vote. Sect. 7. There is, however, a proviso that nothing in that section (sect. 7) shall entitle any person to vote who is prohibited from voting by any statute, or by the common law of Parliament, or relieve such person from any penalties to which he may be liable for voting. Ibid. A person whose name is on the register is entitled to vote, although from failure in some of the incidents of the franchise, such as receipt of alms, parochial reUef, non-residence, insufficiency of qualification, he might, if objected to, have been struck off the register. Persons who, from some inherent quality in themselves, have not the status of electors, such as peers, women, persons holding certain offices, or convicted of certain crimes, caimot vote, the register is conclusive as regards Digitized by Microsoft® Disqualification on Account of Office. 125 the former, but not as regards the latter. Stowe v. Joliffe, L. E. 9 C. P. 734. It becomes important for agents to know who are prohibited from voting, although on the register, in order that steps may be taken, if it is considered desirable to have the votes given by such persons struck off on a scrutiny. The Corrupt and Illegal Practices Prevention Act enacts that if any person votes or induces or procures any person to vote at any election, knowing that he or such person is prohibited, whether by that or any other Act of Parliament from voting at such election, he shall be guUty of an illegal practice. Sect. 9 (1). Classification of Disqualification. The same classification may be adopted in the case of persons dis- qualified to elect, as in the case of persons disqualified to be elected, viz. : — (a). Disqualification on account of offices. (b). Disqualification on account of offences. (c). Miscellaneous disqualifications. Voters Disqualified on account of Offices held by them. Officers connected with the police. (1). Every justice, receiver, or person belonging to the metropolitan police, during his continuance in office, and for six months afterwards, is disqualified to vote for a member for Middlesex, Surrey, Hertford, Essex, or Kent, or for any city or borough within the metropolitan district. 10 Geo. 4, c. 44, s. 18. The horse patrol and Thames police are now incor- porated with the metropolitan police, and subject to the same incapacities. Every police magistrate, clerk, usher, door-keeper, or messenger of the eight metropolitan police courts is incapacitated from voting for a similar period. 2 & 3 Vict. c. 71, s. 6. Digitized by Microsoft® 126 Parliamentary Electiom. The commissioner and members of the city of London police are prohibited voting within the same area and for the same period as the metropolitan police. 2 & 3 Vict. c. xciv. (Local and Personal). No head or other constable appointed or to be ap- pointed for any borough under the Municipal Corpora- tions Act, 1882, can vote for the borough for which he is appointed, or the county in which such borough is situate. 19 & 20 Vict. c. 69, s. 9 ; 45 & 46 Vict. c. 50, s. 242, sched. 9. County poUce in England are prohibited from voting or interfering in elections for the county or for any adjoining county, or for a borough within them. 2 & 3 Vict. c. 93, s. 9. County police in Scotland are ia the same way pro- hibited from voting or interfering in elections. 20 & 21 Vict. c. 72, s. 17. Special constables are not prohibited from voting. Local constables are not prohibited. 3 & 4 Vict. c. 88, s. 5. Soldiers may vote, but are not otherwise to interfere in elections. See 10 & 11 Vict. c. 22, s. 1. Militiamen may also vote. 45 & 46 Vict. c. 49, s. 39. The Dublin metropolitan magistrates and members of the police force are prohibited from voting for Dublin, Wicklow, Kildare, Meath, or the city of Dublin. 6 & 7 Will. 4, c. 29, B. 19. The inspector-general, deputy inspector-general, county inspectors, magistrates, sub-inspectors (now district inspectors), clerks, and any other person be- longing to the constabulary force in L-eland are pro- hibited from voting for any county in Ireland. 6 & 7 Will. 4, c. 13, s. 18. The returning officer cannot vote in the ordinary way at an election ; he may, however, where the votes of the candidates are equal, give a casting vote, if a registered elector. 35 & 36 Vict. c. 33, s. 2. The under-sheriff, in so far as he acts as returning Digitized by Microsoft® Persons Employed for Payment. 127 officer, is included in the term returning officer (see sect. 8), and it is submitted is disqualified from voting. The deputy returning officer would appear to be dis- qualified on the same grounds. There appears to be no legal objection to presiding officers, clerks, and persons appointed by the returning officer to assist him, voting. A candidate may vote if a registered elector. Har- wich, 1 Peck. 383. In Scotland the sheriff substitute, sheriff clerk, and deputy sheriff clerk are prohibited from voting at an election for the county in which they hold office. In like manner the town clerk and deputy town clerk are pro- hibited from voting at an election for the city, burgh, town, or district in which they hold office. 2 & 3 Will. 4, c. 65, s. 36. The assessors of Scotch counties are prohibited from voting for their counties {24 & 25 Vict. c. 83, s. 13), and assessors of Scotch burghs for their burghs (19 & 20 Vict. c. 58, s. 8). In Ireland, where the votes were equal, the returning officer was required by the Irish Act, 35 Geo. 3, c. 29, s. 13, to give a casting vote, whether otherwise qualified or not. The Ballot Act repeals this section ; and see Athlone case, 2 O'M. & H. 289. Persons employed for Payment. No elector who within six months before or during any election shall have been retained, hired, or employed for all or any of the purposes of the election for reward by or on behalf of any candidate at such election as agent, can- vasser, clerk, messenger, or in other like employment, shall be entitled to vote at such election, and if he votes he is guilty of a misdemeanor. 30 & 31 Vict. c. 102, s. 11 {England) ; 81 & 32 Vict. o. 48, s. 8 (Scotland) ; and 31 & 32 Vict. c. 49, s. 8 (Ireland). The Corrupt and Illegal Practices Prevention Act, 1883, enacts that the persons permitted by that Act to Digitized by Microsoft® 128 Parliamentary Elections, be employed for payment may or may not be electors, but may not vote. Sched. I. If a person employed for payment at an election votes, a vote is to be struck off on a scrutiny from the total of the candidate employing him, without any inquiry as to how he voted. 35 & 36 Vict. c. 33, s. 25. The carrying of a message incidental to printing by a printer was held not to disqualify. Northallerton, 1 O'M. & H. 167 ; 21 L. T. (n.s.) 113. Money paid to a voter to recoup him his expenses for assistants employed by him in his business, when he was engaged in the election, was held to disqualify. A cabman employed in the ordinary way is not disqualified. Southampton, 1 O'M. & H. 222. A solicitor who accepted a retainer, and acted upon it, was held disqualified, though no payment was proved. New Windsor, K. & 0. 175 ; and see AtKUme (1880), 8 O'M. & H. 57. But in the Cashel case, 1 O'M. & H. 286, an agent who was not paid was not disqualified. An agent retained by a candidate who had retired was held incapable of voting, but this disqualification did not extend to his partner. Malknv, 2 O'M. & H. 20. Offences a Ground of Disqualification. A person convicted on indictment of any corrupt practice at a parliamentary election is incapable of voting at any parliamentary election or election for any pubhc of&oe. 46 & 47 Vict. c. 51, s. 6 (3). A person convicted of any corrupt practice at a municipal election is subject to the like incapacity as if the corrupt practice had been committed in reference to a parliamentary election. 47 & 48 Vict. c. 70, s. 2 (2.) A person convicted of an illegal practice at a parUa- mentary election is subject to a like incapacity for five years. 46 & 47 Vict. c. 51, s. 101. Digitized by Microsoft® Persons Guilty of Corrupt Practices. 129 A person guilty of an illegal practice at a municipal election is subject to the same incapacity; 47 & 48 Vict, c. 70, s. 7. Every person guilty of a corrupt or illegal practice or of Ulegal employment,- payment, or hiring at an elec- tion is prohibited from voting at such election, and if any such person votes Ms vote shall be void. 46 & 47 Vict. c. 51, s. 36. Any person guilty of a corrupt practice at a school board election is disqualified for six years from voting at a parliamentary election. 33 & 84 Vict. c. 75, s. 91. . . Re-enfranchisement of certain Persons. The Acts disfranchising certain persons in the towns named below have been repealed by sect. 27 of the Eedistribu- tion of Seats Act, 1885, so that these persons may now, if not otherwise disqualified, be registered, and vote. Beverley, 33 & 44 Viet. c. 21, s. 3. Bridgwater, 33 & 34 Vict. c. 21, s. 2. Cashel, 33 & 34 Vict. c. 38, s. 3. Dublin, 33 & 34 Vict. c. 54, s. 1. Lancaster, 30 & 31 Vict. c. 102, s. 15. Norwich, 33 & 34 Vict. c. 25 ; 34 & 35 Vict. u. 77. Eeigate, 30 & 31 Vict. c. 102, s. 16. Sligo, 33 & 34 Vict. c. 38, s. 2. Totnes, 30 & 31 Vict. c. 102, s. 13. Yarmouth (Great), 30 & 31 Vict. c. 102, s. 14. Persons Disfranchised. Persons named in elec- tion commissioners' reports for the parHamentary boroughs mentioned below are incapable for seven years next after the presentation of the reports, respectively, of being registered as voters, or voting at any parlia- mentary election for the division of a county in which the said borough, or any part of it is situated, in respect of any qualification within the borough, or if such borough still continues to return a member or members g8 Digitized by Microsoft® 130 Parliamentary Elections. to Parliament, of being registered or voting for such isorough. 48 & 49 Vict. c. 23, s. 28. Cannot vote for Boston Boston. Canterbury Canterbury. Chester Chester. Gloucester ... ... ... ... Gloucester. Knaresborough ... ... ... Yorkshire, W. R. Macclesfield ... ... Macclesfield division of Chester. Oxford... ... ... ... ... Oxford. Sandwich Isle of Thanet, division of Kent. Any person who has been tried and acquitted is not under any disability, although reported. Ibid. Every person who, in consequence of conviction, or of the report of an election court or election commissioners under the Corrupt and Illegal Practices Prevention Act, or under the Corrupt Practices (Municipal Elections) Act, 1872, or under Part IV. of the Municipal Corpora- tions Act, 1882, or under any other Act for the time being in force relating to corrupt practices at an election for any public office, has become incapable of voting at any election, whether a parliamentary election or an election to any public office, is prohibited from voting at any such election, and his vote shall be void. 46 & 47 Viet. c. 51, s. 37. Every person who, after the commencement of the Corrupt and lUegal Practices Prevention Act (15th October, 1883), is reported by an election court or election commissioners to have been guilty of any corrupt or illegal practice at an election, shall, whether he ob- tained 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. S. 38 (5). Digitized by Microsoft® Disqualification of Felons. 131 Where any ■witness who gave evidence against an incapacitated person is convicted of perjury in respect of such evidence, the High Court, if satisfied that the conviction or report, so far as respects such person, was based on perjury, may, on application, order that such incapacity shall thenceforth cease. 46 & 47 Vict. c. 51, s. 46. Felons. Any person convicted of treason or felony, for which he shall be sentenced to death or penal ser- vitude, or any term of imprisonment with hard labour, or exceeding twelve months, shall, until he has suf- fered the punishment to which he had been sentenced, or been pardoned, thenceforth he incapable of exercising any right of suffirage or other parliamentary or municipal franchise whatever within England, Wales, or Ireland. 83 & 34 Vict. c. 23, s. 2. Felons sentenced to penal servitude, but released on a license, or ticket of-leave as it is called, under 27 & 28 Vict. c. 47, s. 9, are not entitled to vote until they have endured their sentence. Outlaws. Outlaws in criminal suits are incapable of voting. Whitelocke. Bankruptcy is not a disqualification. Camelford, C. & D. 256 ; WoroesUr, K. & 0. 241. A person convicted of a misdemeanor is not disqua- lified from voting, but if in custody, the court will not grant a habeas corpus to enable him to record his vote. Ex parte Jones, 2 A. & E. 437. MisoEaj^ANEous Disqualifications. Aliens. An alien, although capable of acquiring real and personal property, is not qualified for any muni- cipal, parliamentary, or other franchise. 33 & 34 Vict. c. 14, s. 2. Digitized by Microsoft® 132 Parliamentary Elections. Aliens naturalized by Act of Parliament may vote. An alien who has received from the Secretary of State a certificate of naturalization, under clause 7 of the above-mentioned Act, is entitled to aU the pohtical rights, powers, and privileges to which a natural-born British subject is entitled. A denizen is not incapacitated from voting. 2 Peck. 117. Idiots. The vote of an idiot, i.e., of a person non compos mentis from his birth by a perpetual infirmity, is not good. Bedfordshire, 2 Lud. 567. Imbeciles. Whatever may have been the value of the decision in the Oakhampton case, 1 Frazer, 164, when the returning officer had to decide on the qualification of voters, it is submitted that a presiding officer would' now be bound under similar circumstances to refuse a ballot paper. Lunatics. There is no modern case on the incapacity of lunatics to vote, but if a person answers the ques- tions, and takes the oath in a satisfactory manner, he is entitled to vote. Drunken Persons. A person so drunk as not to be able to answer the questions would not be entitled to receive a ballot paper. If, however, he could answer the questions and take the oath, the presiding officer's duty being merely ministerial, he would be bound to give such person a paper, and it is not apparent how his vote could afterwards be avoided. Infants. Persons under the age of, twenty-one years are prohibited from voting. 7 & 8 Will. 3, c. 25, s. 8. Digitized by Microsoft® Disqualification of Peers. 133 Blind Persons. These are entitled to vote, a special provision being made in the Ballot Act empowering the presiding officer to mark their ballot paper. 35 & 36 Vict, sched. I., r. 26. • Deaf and Dumb Persons. There appears to be no objection to a literate deaf and dumb person voting; the questions could be written out for him if the agents desired it, and the voter could give his answers also in writing. How an illiterate deaf and dumb person could vote, it is not easy to conceive. Peers. By resolutions of the House of Commons, December, 1699, February, 1700, October, 1702, peers are declared not to have a right to vote at the election of any member to serve in Parliament. Beauohamp (Earl) V. Madresfield Overseers, L. K. 8 C. P, 245; 27 L. T. (n.s.) 606; 2 H. & C. 41 ; 42 L. J. C. P. 32. Irish peers are also prohibited by a sessional order. But an Irish peer actually elected, and not having re- fused to serve for any constituency in Great Britain, has the right of voting. The vote of an Irish peer, not being elected for a constituency in Great Britain, is void, though his name was on the register. Droitwich, K. & 0. 65. The mere warrant to issue a writ of summons to the House of Lords has been held not to disqualify. Bed- ford, C. & R. 95; P.& K. 143. Women. Neither at common law nor by statute are •women entitled to vote at parliamentary elections, Chorlton V. Ungs, L. R. 4 C. P. 374 ; 1 H. & C. 1 ; 38 L. J. C. P. 25 ; 19 L. T. (n.s.) 534 ; Chorlton, app., Kessler, resp., L. R. 4 C. P. 397 ; 1 H. & Q. 42. Digitized by Microsoft® 134 Parliamentary Elections, CHAPTER V. AGENCY. Election agency differs widely from common law agency both as to the facts from which the law infers the relation, and the consequences flowing from it when established. Martin, B., in the Westminster case (1869), 20 L. T. (n.s.) 245, states that he and the other judges had, in consultation, unanimously arrived at the con- clusion that the relation between a candidate and his agent was the relation of master and servant, and not the relation of principal and agent. In a recent case, Ltjsh, J., lays it down that the re- lation between a candidate and the person whom he constitutes his agent is much more intimate than that which subsists between an ordinary principal and agent. The closest analogy is that of a sheriff and his under- sheriff and bailiffs. For as regards the seat, the can- didate is responsible for all the misdeeds of his agent, committed within the scope of his authority, although they were done against his express directions and in wilful defiance of them \Harmch case (1880)] : 3 CM. & H. 69. The reason given for this difference in the law as regards election agency and ordinary agency, is that where any corruption is intended the candidate is most carefully kept in intentional ignorance of it [Gloucester (1873)] : P. P, 374-74, p. 75. How Agents are Constituted. The decisions are imiform as to the results flowing from agency. Lush, Digitized by Microsoft® What Constitutes Agency. 135 J., in the Harwich case (1880), P. P. 227-80, p. 4, above referred to, says that as regards the consequences to the candidate of the acts, there is never any difficulty or doubt. The difficulty always is, when there is no express appointment, to determine whether the wrong- doer did or did not stand in the relation of agent to the candidate in respect of the particular matter of complaiat. The same learned judge observes in the same case, " An agent is a person employed by another to act for him and on his behalf, either generally or in some par- ticular transaction. The authority may be actual, or it may be implied from the circumstances. It is not ne- cessary in order to prove agency to show that the person was actually appointed by the candidate. If a person not appelated were to assume to act in any kind of service as agent, and the candidate accepted his services as such, he would thereby ratify the agency ; so that a man may become agent of another in either of two ways, by actual employment, or by recognition and acceptance." Extent to which agent can hind his principal. But though an agent binds his principal by his acts done even against the express prohibition of the latter, such acts must be withia the scope of his employment. All persons employed by a candidate are not agents to the same extent. A person appointed or accepted as agent for canvassing generally, if he bribed any voter, the candidate would lose his seat. If a person were ap- pointed to canvass a particular class of voters, or a specific person or specific persons, and he bribed a voter not belonging to the class or other than the specific persons, the candidate would not be responsible, because this was not withia the scope of his authority {Harwich (1880)] : 3 O'M. & H, 69. Unauthorized persons. If a person whom the candi- date or his agent had not authorized at all to canvass, Digitized by Microsoft® 136 Parliamentary Elections. were to take upon himself to bribe a voter, the candidate •would not be responsible. Ibid. A candidate is not responsible for the acts of a person who canvasses for him, and makes speeches in his favour, if, instead of adopting him as agent, he has endeavoured to dissociate himself from him [London- derry (1869)]: 1 O'M. & H. 278. ' Evidence of facts which constitute agency. Where there is no express appointment, the agency must be inferred from facts. As Keogh, J., observes in the Sligo case (1869), 1 O'M. & H. 301, " Agency is a result of law, to be drawn from the facts of the case, and from the acts of individuals." But the facts and acts from which agency wiU be inferred must be distinctly and clearly proved. " I, for one, sitting as a judge trying these cases, shall always require distinct and clear evidence to lead my mind to the conclusion that a man is an agent within the mean- ing of the law " [Dowse, B., in the Carrickfergus case (1880)] : P. P. 337-80, p. 21. Where the judge is satisfied that candidates intended honestly to comply with the law, and meant to obey it, and that they themselves did no act contrary to the law, stronger evidence wiU be required. " I will not act upon anything as to which there possibly may be mistake or error" [Maktin, B,, in Wigan case (1869)] : 1 O'M. & H. 192. The facts must be established affirmatively to the reasonable satisfaction of the judge. [Per Gkove, J., in Taunton case (1873)] : 2 O'M. & H. 75. Different degrees of agency. " There is always a great difference in my view in the degrees of agency. As you go lower down you require more distinctly to show that the act was done by a person whom the candidate would be responsible for. As you come higher up, it is more as if the candidate had done it Digitized by Microsoft® Definition of Agent. • 187 timself ' [Blaokbubn, J., in the Hereford case (1869)1 : 1 O'M. & H. 195. If a small thing is done by the head agent, it would upset the election ; and if small things to a considerable extent were done by a subordinate person, compara- tively slight evidence of agency would probably have induced one to find that he was an agent [Hastings (1869)] : 21 L. T. (n.s.) 238. Things numerously done. Wherever it appears that the things aie numerously done, it would go very far to show that the agents did come within that principle npon which the law is founded, viz., that they were persons the benefit of whose foul play the member was to get, and therefore it would be right he should forfeit his seat in consequence [Stalyhridge case (1869)] : 1 O'M. & H. 71. Description of Agent. No precise definition can be given of what is the degree of relation that would constitute a man an agent. Taunton (1869). 1 O'M. & H. 185. " I think it must be made out that the party, before he is chargeable as an agent, must be a party found to be entrusted in some way or other by the can- didate whose agent he is intended to be, with some ma- terial part of the business which is ordinarily performed by the candidate in his own person" [Fitzgerald, B., in the Bungannon case (1880)] : 3 O'M. & H. 101. Canvassing a Proof of Agency. Willes, J., in the Windsor case (1869), 1 O'M. & H. 3, says :— " I have already stated that, in my mind, authority to canvass (I purposely use the word ' authority,' and not ' em- ployment,' because I mean it to apply to persons autho- rized to canvass, whether paid or not paid for their services), would constitute agency." Authority for the general management of the election would involve authority to canvass. Ihid. Digitized by Microsoft® 138 Parliamentary Elections. Again, in the Guildford case (1869), 19 L. T. (n.s.) 731, the same learned judge lays down that " as a rule, agency to bind the member would be agency to canvass or procure votes on his behalf." See also the Black- bum case (1869), 20 L. T. (n.s.) 829. Blackburn, J., dissents from making canvassing a hard and fast rule to test agency. " I think that the effect of that would be to say, that wherever there were volunteers who were acting at all, and whose voluntary acting was not repudiated by the candidate or his agent ; wherever, in fact, a person came forward at an election, and said, ' I will act for you and endeavour to assist you,' and the candidate or his agent said, ' I am very much obliged to you, indeed, sir ; ' wherever that was the case, any corrupt or improper act done by that volunteer, although unconnected with the member, would, if the proposition which has been enunciated is to be taken to the fuU extent, vacate the seat, and render the election void. Now, I cannot but think, that to lay down hard and fast rules of that sort would work a great deal of injury and injustice at times." [Stalybridge case (1869)] : 1 O'M. & H. 70 ; 20 L. T. (n.s.) 80. In a later case the same learned judge says : — •' Every bit of canvassing and acting for a candidate is evidence to show agency ; but the result cannot depend on any precise rule that I could define " [Hereford case (1869)] : 21 L. T. (n.s.) 120. Channell, B., lays it down in the Shrewsbury case (1870), 2 O'M. & H. 36, that canvassing is only a matter from which the judge, discharging the functions of a jury, may infer agency. See also the Harwich case (1880), 3 O'M. & H. 69. It will be thus seen that if canvassing is not conclu- sive evidence of agency, it goes a long way towards establishing it. Digitized by Microsoft® A Messenger not an Agent. 139 What is canvassing. Canvassing is where a person goes round seeking either by his personal influence or by his powers of persuasion to induce a voter to vote, or to refrain from voting for a particular candidate. A mere messenger sent round to inquire how the voters are going to vote would not be considered an agent unless proved to be so by other evidence [Bodmin (1869): 1 O'M. & H. 120 ; Windsor (1869), 1 O'M. & H. 3 ; Londonderry (1869), 1 O'M. & H. 278. If a person is asked to canvass specific voters, he would only affect the candidate for whom he canvasses in respect of those specific persons [Bodmin (1869)]: 1 O'M. & H. 120. A person may be an agent although the candidate never intended him to be one. Where G. twice can- vassed with the respondent, and was supplied with a list of voters in a certain district, though this was done after great pressure, and no canvass book was given to him as to the regular agents of the respondents, Willes, J., held that the fact that the respondent had not for- bidden him to canvass further, that he had been supplied with a list of voters by the agent, as well as his activity on the polling day, constituted evidence of agency [Bodmin (1869)]: 20 L. T. (n.s.) 989; P. P. 120-69, p. 29. Although one agent refuses to employ a person, if another agent working side by side with the former does do so, the person so employed will be considered an agent. D. was not a committee man, though he attended continually at the committee rooms. He canvassed three times a week, using, however, a memorandum instead of a regular canvassing book. He had applied for, and received 301., and was engaged about the petition. He was held to be an agent [Stroud (No. 3) (1874)] : P. P. 342-75, p. 36. Digitized by Microsoft® 140 Parliamentary Elections. A candidate cannot, nor need he endeavour to prevent one voter trying to persuade another voter to come to his side [Westbury (1880)]: P. P. 337-80, p. 89. The mere fact that a man has a canvass book is not sufficient to establish agency. It must be shown that lie was employed on behalf of the respondent [Bolton (1874)] : 2 O'M. & H. 140. Where an association was carrying on an independent canvass, the supply to them of duplicate canvass books T)y the agent of the respondent, was not considered sufficient to establish agency {Westminster (1869)] : 1 O'M. & H. 91. And a person who canvasses, although he only uses a memorandum book, and not a canvass book, may be an agent \8troud (No. 3) (1874)] : P. P. 842-75, p. 86. Where a candidate placed a large sum of money in the hands of two persons, directing them to apply it to honest and good purposes, but exercised no control over the manner in which the money was spent, it was held that he constituted them his agents to the fullest extent to which agency can be given ; and that persons employed by them were agents of the candidate, though he might not know or be brought in personal contact with them [Bewdley (No. 1) (1869)]: 1 O'M. & H. 18. Making Common Cause. Grove, J., in the Taunton case (1874), 2 O'M. & H. 74_, lays down that where a candidate has put himself in the hands of persons whose conduct is impugned, or made common •cause with them for the purpose of promoting his election, he wOl be responsible for their conduct as agents. Mere non-interference with parties who, feeling an interest in the success of the candidate, may act in support of his candidature, is not sufficient to saddle the candidate with any unlawful acts of theirs of which Digitized by Microsoft® Agents' Partners. 141 the tribunal is satisfied that he or his authorized agent is ignorant. Ibid. Agents' Agents or Sub-agents. Lush, j., in the Plymouth case, says : — " It is clear law that if an agent of the candidate employs a sub-agent to negociate with a voter for going to the poll, and the sub-agent commits an act of bribery in carrying out his commission, the candidate is as responsible as if the act had been done by the agent himself" [Plymouth case (1880)1: 3 O'M. & H. 108. Agents' agents ia election law have been frequently held to be agents. The maxim. Delegatus non potest delegare, does not apply in full force to these matters. " One person cannot allow another to delegate to a third to do all the dirty work, and himself sit in a room and do nothing, and yet be held irresponsible." Per Geovb, J., in the Poole case (1874) : P, P. 374-74, p. 139. Where the salaried clerk of the candidate's agent was employed about the election, he was held to be an agent [Beivdley case (1869)] : 1 O'M. & H. 19. Agency by adoption. Where an association issued a circvdar, which was afterwards adopted by the candi- dates, addressed to " every manager, overlooker, and tradesman, and any other person having influence," it was held that this circular was a power of attorney to the extent to which it goes, and had the effect of constituting every over-looker, or other person addressed, who bonA fide acted upon it and canvassed, an agent of the sitting member [Blackburn case (1869)] : 1 O'M. & H. 200 ; 20 L. T. (n.s.) 830. Where the wife of an agent attempted to bribe the wife of a voter to procure her husband's vote, the judge held that the act of the wife was by the procurement of the husband, and that the respondent was liable [Cashel case (1869)] : 1 O'M. & H. 288. Partners. The partner of the agent of a candidate is not, from the simple fact of the partnership, an agent of Digitized by Microsoft® 142 Parliamentary Elections. the candidate even when the partners are father and son [Mallow (1870)] : 2 O'M. & H. 21. Traitorous Agent. Where a candidate employs an agent, who acts treacherously or traitorously, a corrupt act done by him would not vacate the seat, unless it is proved that the corrupt act was done at the especial request of the member himself, or some untainted and authorized agent of the member [Stafford Borough (1869)]: 1 O'M. & H. 230. In the above case a number of persons friendly to his opponent joined the respondent's committee. The chairman, a paid agent of the respondent's, was also suspected of being in collusion with his opponent. The judge declared that he would not upset the election for the unauthorised corrupt acts of such an agent. It is different if an agent, still intending to act honestly as an agent, has been tricked into committing a corrupt act by the other party. Ibid. Decisions. We have quoted freely from the decisions of the judges by whom the law of elections has been, we may say, formed. Formerly the election committees gave no reasons for their decisions, which appear to be one mass of contradictions and inconsistencies. Now, how- ever, to use the words of Serjeants Cox and Grady, with regard to the decisions of the new tribunal, " With one or two exceptions, the judgments have been singu- larly consistent, and characterised by a judicial ability unsurpassed in any age or in any country." Law and Practice of Eegistration and Elections, 11th ed., p. ccxxxiv. As, however, the result arrived at depends upon the peouhar facts of each case, we propose to give a few cases in which the facts have been held sufS.cient to establish agency, and others in which a contrary deci- sion has been arrived at. The necessity for doing so will appear from the observations of Keogh, J., in the Sligo Digitized by Microsoft® Cases of Agency. 143 case (1869), P. P. 120-69, p. 144. He says: "All these cases must be looked at, and all the rulings of the judges by the light of the particular facts ; and as I said before, it is quite heedless to quote an isolated passage from the judgment of any learned judge, with- out having before you and weighing deliberately the facts on which that observation has been made." Canvassing. — S. was an active politician. He was in respondent's committee-room, and was seen coming out of it with a body of others who went canvassing. He himself canvassed with the respondent. He was active on the polling day in taking persons to the poll. Held, that in the absence of explanation, S. was an agent [Tewkesbury case (1880)] : 3 O'M. & H. 98. W. went with a deputation to the respondent ; he canvassed actively for him. He from time to time gave the names of the people he had canvassed, and he acted as an avowed and known partisan of the respon- dent. It was also admitted by the respondent's counsel that what W. ordered woidd be paid for by his client. Held, that W. was an agent [Poole (1874)] : P. P. 374-74, p. 37. H. went round before the candidate, warning the people that he was coming. He also went round with the candidate, and made up the canvassing-book. He was engaged the whole of the polling day in getting up voters. Held, that H. was an agent [DurJiam city (1874)] : P. P. 374-74, p. 55. D. was a gentleman who attended the respondent's committee ; he was there as many as twenty times ; he was also present at a local committee. On the po llin g day he was busy in bringing up voters who re- quired particular attention ; and as the judge found he was to use his influence and persuasion to bring them up, held tbat D. was an agent. [Id.]: 2 O'M. & H. 136. Digitized by Microsoft® 144 Parliamentary Elections. Had D. been merely employed to take cabs to the voters, and had no authority to influence them at all, the result might be different [Id.] H. was not a voter ; he had twice called at the re- spondents' committee-rooms, and given a subordinate agent a Ust of persons connected with the railway and in his own employment, and was supplied with a list of those who were voters. He was also asked by an agent to canvass two specific voters. He was seen in company with the respondents' principal agent. H. gave a breakfast on the morning of the poll (a corrupt practice) to which " everybody and everybody's friends" were invited. Members of the respondents' committee were present, and also took voters to it. Carriages were provided to convey voters thence to the poll. H. was thanked by the respondents for the services he had rendered. Held, that all these facts taken together established agency, though taken singly no one would have been sufficient [Hereford (1869)] : 1 O'M. & H. 194. H. was a canvasser ; he canvassed with the son of the respondent and others. On the afternoon of the polling day he bought votes. Held, that he was an agent {Norwich (1869)] : 19 L. T. (n.s.) 617 ; P. P. 120-69, p. 124. The respondent contributed 20Z. to the funds of a political association through its secretary, who admitted he had spent the money in paying for drink and re- freshments at meetings held for the purpose of promot- ing the respondent's candidature. Held, that the re- spondent had made the secretary his agent [Oravesend (1880)] : P. P. 337-80, p. 48. G. came to an agent of the candidate's, and asked whether he might go and fetch some out-voters. The agent, to get rid of him, said at last, " All right, Jem," in an off-hand way. The agent swore he never meant to give him authority to go and fetch the voters, hut what he said was merely to get rid of him. G. at- Digitized by Microsoft® Agency of Committees. 145 tempted to induce some of the out- voters to accompany him by offers of a bribe. Held, that G. was not an agent {Wallingford (No. 2) (1880)]: P. P. 10-81, p. 23. P. was a zealous and active supporter of the respon- dent, and on several occasions accompanied him when canvassing, he sometimes canvassed when the respon- dent was not present, and on the polKng day took voters to the poU. It was proved in evidence that P. and others had accompanied the candidate for the purpose of pointing out to him the houses of the voters, but having done so, they retired, leaving him to solicit the vote himself. The court were satisfied that P. had no authority from the respondent, either expressly or by implication, to' procure voters for him, and that he was not an agent for whom the respondent was responsible [Harwich (1880)] : P. P. 227-80, p. 8. B. was employed by a candidate. Sir H. B., but was not employed by the other candidate, Sir R. P. After the election B. applied to Sir R. P. for payment of money illegally expended by him during the election. Sir R. P. paid the money in ignorance of the facts. This was held not to amount to a ratification of B.'s act by Sir R. P. [Tamworth (1869)] : 1 O'M. & H. 81. Agency of Cominittees. It has been held that a committee in whose hands a candidate places the ma- nagement of his election were collectively and indivi- dually his agents. Ridler v. Moore, Cliff. 371. MiNiSTY, J., in the Harwich case (1880), P. P. 227-80, p. 8, defines a committee as " a number of persons, sometimes many, sometimes comparatively few, to whom the management of the election is in whole or in part committed or entrusted." But Mabtin, B., in the Westminster ease (1869) : 1 O'M. & H. 92, refused to consider a member of a com- mittee, consisting of between 600 and 700 persons, iin Digitized by Microsoft® 146 Parliamentary Elections. agent for whom the candidate was responsible.' He says, " Now I have said, and other judges have said, that bribing by one of his committee would affect the candidate ; but I spoke of what I then understood to be a ' committee.' I meant a number of persons, com- paratively few — of course in a county that extends over a considerable district it would be larger — ^wbo were entrusted by the candidate with the work of carrying out his election, in whom he put faith and trust, and who, in fact, were his agents for carrying it out ; but I have never supposed, nor do I believe, that either Mr. Justice BiiACKBUEN or Mr. Justice Willes ever con- sidered that where a number of people (600 or 700) choose to call themselves a ' committee,' thereupon they become ' agents ' of the candidate for the purpose of making him responsible for an illegal act done by one of them." But where there is a real bond fide committee of volunteers, not selected by the candidate or chosen by him at all, but really, in a business-like way, the voters of the district choosing men in whom they had confi- dence, and acting together, the candidate would not be responsible for the acts of such committee [Stalybridge (1869)] : 1 O'M. & H. 72. Agency of Political Associations. "I desire shortly to allude to one matter, I mean the position of political associations and the liability of candidates. It was contended that there was no privity between the respondent and the W. association ; that their active members were not his agents, and that he was not responsible for their illegal acts. There appear to be persons who think that a candidate may escape the responsibility attaching to the acts of an agent by the employment of the active members of a political asso- ciation, instead of an individual or individual agents ; if this could be done the Corrupt Practices Act would Digitized by Microsoft® Agency of Political Associations. 147 become a dead letter. There may be, doubtless, a political association existing for the purpose of a poli- tical party, advocating the cause of a particular candi- date, and largely contributing to his success, yet in no privity with the candidate or his agents — an indepen- dent 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 unjust, against common sense, and opposed to law. There may, on the other hand, be a political association 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 per- sonally 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 communications and information with his agents respecting the canvassing of voters, and the conduct of the election, and largely contributing to the result — to say that the candidate is not responsible for any corrupt acts done by an active member of such an association would be repealing the Corrupt Practices Act, and sanctioning a most effective system of corrup- tion." Per Lopes, J., in the Bewdley case (1880), 3 O'M. & H. 146. T. N. was an active member of an association ex- pressly formed for the purpose of promoting the respondent's return. The association was ia constant communication with the respondent's authorized agent, who was a member, attended its meetings, and supplied its minute book at the candidate's expense. The agent from time to time communicated with the secretary, who was also employed in his own house as a clerk at the respondent's expense, as to its progress, and also reported progress to it. The agent and association used in common a marked copy of the register of voters showing the favourable, adverse, and doubtful votes. T. N. was one of the leading members of the association, h2 Digitized by Microsoft® 148 Parliamentary Elections. canvassed voters, and vras actively engaged in taking them to the poll. Held, that T. N. was an agent for whom the respondent was responsible [Bewdley (1880)] : 3 O'M. & H. 145. F. C. was an originator of a similar association. Respondent hired and paid for the room in which the association met, he had also a room in the same house which was frequently used by his paid canvasser, who communicated from time to time the progress of the election, and used the room for interchanging information about the election. F. C. was actively employed in bringing voters to the poll. Held, that he was an agent of the respondent [Bewdley (1880)] : P. P. 322-80, p. 142. As to the risk a candidate runs through being brought in contact with large political associations, see the obser- vations of Lush, J., in the Chester case (1880): P. P. 301-80, p. 114. Where there is an organization already in a place which a candidate employs and adopts for the purposes of his election, the mere fact that he allows no one to go round and canvass except himself and his private solicitors, will not necessarily prevent him from being responsible for the acts of that organisation [Evesham (No. 2) (1880)] : P. P. 10-81, p. 17. Where, however, he does not make common cause with such organization, but on the contrary does all that he can to keep aloof from it, he is not responsible. Id. There was an association in T. which did all those things which would commonly be done by a committee for promoting an election. They had a room whence they issued circulars, and circulated papers ; people met there, and the members were actively acting on the canvass in favour of the respondent. They were acting openly, so that there was every probability that the respondent or his agent would know it. Digitized by Microsoft® Agency of Political Associations. 149 Moreover, at the registration wMch took place shortly before the election, the agents of the respondent knew ■of the existence of the association and acted in concert with them. It was held that these facts raised a primd Jacie case of agency, and that it was for the respondent to show that he had no communication with it, that he repudiated it, and that it was acting officiously [^Faun- ton (1869)] : 1 O'M. & H. 181 ; 21 L. T. (n.s.) 169. In the Harmch case [(1880) P. P. 227-80, p. 8] , where the candidate did not make common cause with the members of an association, who invited him to con- test the borough, but carried out his own personal canvass, although he paid for the association's com- mittee rooms, was accompanied on his canvass and introduced to the voters by some members of the association, who, however left him to solicit the votes himself: it was held that he was not responsible for the members of the association as agents. But where persons employ others to influence voters, to canvass voters, where they make common cause with others by taking them round to canvass with them, by availing themselves knowingly of their services, they must take the risk of their acts [Evesham (1880)] : P. P. 10-81, p. 10. In Galway there were organizations or guilds whose meetings had been attended by the respondent and his agents. On the morning of the polling day one of these guilds formed in procession with a band and banners. One of the banners was carried a short distance by the respondent. The members of the guilds were guilty of acts of intimidation during the day. Held, that the respondent was responsible for their acts [Galway Borough (1874)] : P. P. 374-76, p. 68. The respondent was the adopted candidate of a regis- tration society, to whose funds he largely subscribed. P. was appointed by the society to carry out the work of registration. The respondent, though not a party to P.'s appointment, subsequently approved of it. THien Digitized by Microsoft® 150 Parliamentary Elections. the revision was completed, the funds and staff of the society, with P. as principal of the staff, were, with the respondent's assent, used for the purpose of promoting the election. Held, that P. was an agent of the res- pondent [Londonderry City (1869)] : 21 L. T. (n.s.) 709. Subscribers to the Funds of an Association. Subscribing to the funds of an association for the pur- pose of haying the registration attended to does not make the subscribers partners, and does not confer on the person who manages the association any authority to bind them by any acts that may be done by him. S. was manager of a Liberal association, to the funds of which the respondents subscribed. S. employed W. to look after the register or to be " objector-general," as he was called. W. was guilty of bribery by paying rates to enable a person to be put on the register. It was held that W. was not an agent of the respondents, and that they were not affected by his act [Wigan (1869)] : 1 O'M. & H. 189. Roman. Catholic Clergy. Fitzgeeald, B., in the Limerick City case (1869), 1 O'M. & H. 262 ; 21 L. T. (n.s.) 567, referring to influence of the Eoman Catholic clergy over their flocks, especially the poorer class, says, " If they (the clergy) make the cause of the candidate their own, and give him the benefit of having what may be equivalent to a committee-room conducted by themselves in every parish, they being the canvassers ; and if it then turns out at the time of the election that the candidate represents his cause as, identical with that of the clergy, and publicly gives out at the time of the election that the question between him and his adversaries is whether the clergy shall be raised up or pulled down, and is accompanied by them through the street canvassing ; if that be so, though the particular clergyman of the parish be not the party Digitized by Microsoft® When Agency terminates. 151 who accompanied the candidate in canvassing, I for my paxt, will doubt long before I say that the candi- date is not, so far as sitting in Parliament is concerned, responsible for the acts of those parties in their several districts and parishes." In the Galway {County) case (1872), 2 O'M. & H. 53, it was held that a letter from the respondent to a Roman Catholic priest proposing a clerical conference, to settle how far the clergy should go in asking tenants to vote against their landlords, and to organize a popular meeting, would make every bishop and priest who acted at those meetings his agent for the purposes of the election. Termination of Agency. Tiie termination of agency depends on the duties for which the agent has been appointed. The election agent must make his return of expenses and declaration before his duties are at an end, and so of others. The agency at an election which was solely from canvassing before the election, expires with the election unless there is something to show continuing authority [Norfolk (Northern Division) (1869)] : 1 O'M. & H. 243. To affect the candidate, the corrupt act of a canvasser must be done anterior to the close of the election [Sal- ford (1869)] : 1 O'M. & H. 137 ; 20 L. T. (n.s.) 120. Digitized by Microsoft® 152 Parliamentary Elections. CHAPTER VI. BRIBERY. There are certain offences in connection with elec- tions, which, if committed by the candidate or those whom the law considers his agents, will render the election void. These offences are, (1.) bribery, treating, undue influence, personation, and false declarations respecting election expenses ; (2.) Illegal practices ; and (3.) Illegal payment, employment, and hiring. Bribery at Common Law. The definition given of the offence of bribery at common law is : — " Wher- ever a person is bound by law to act without any view to his private emolument, and another, by a corrupt contract engages such person, on condition of the pay- ment or promise of money or other lucrative considera- tion, to act in a manner which he shall prescribe, both parties are by such contract guilty of bribery." 2 Doug. 400. Bribery is an indictable offence at common law. The briber and the bribed are equally indictable, and the legislature has heaped up section upon section and Act upon Act for the purpose of endeavouring to stop it, but the common law is still as it was. Beverley (1869) : 20 L. T. (n.s.) 796. In that case the election judge found that a very great number of the electors were bribed ; he therefore came to the conclusion that there was no necessity to have recourse to the statute at all, but that the election was void at common law. In the Lichfield case (1869), 20 L. T. (n.s.) 14, WiLLBS, J., says, " Bribery at common law, equally as by Act of Parliament, avoided an election where it Digitized by Microsoft® Offer to sell a Vote. 153 took place. If there were general bribery, no matter Jrom what fund, no matter by what person, though the sitting member or his agents had nothing to do with it, that would defeat the election." " General bribery, without its being traced to the candidate, will invalidate the election," per Kbosh, J. in the Bublin case (1869), P. P. 120-69, p. 75. There is one case which is not within 17 & 18 Vict. c. 102, viz. : an offer to sell a vote, which is said to be a misdemeanor at common law. Moeeis, J., however, in the Mallow case (1870), P. P. 268-72, p. 107, re- fused to strike off such a vote on the ground that " the offering for sale by the voter of his vote does not appear to be bribery by the 3rd section of 17 & 18 Vict. c. 102, unless the offer is followed up by an agreement to that effect. It was urged, however, that it was a disquahfication at common law ; however, no case has been referred to me in which such a class of voters was ever struck off, and I decline to make a precedent here." Where an election is set aside on the ground of general bribery or other corrupt practice, the person unseated is not disqualified to be again elected, if not personally or by his agent implicated in the corrupt practice. Statutory Bribery. However true it may be that bribery has been always a crime at common law, no prosecutions for the offence are recorded, and it has been found necessary to supply the deficiency of the common law by statutory provisions extending from the reign of William the Third to the present time. All Acts for the Prevention of Corrupt Practices at Elections prior to the Corrupt Practices Prevention Act, 1854, have been repealed by that Act, which together with the Acts amending the same contain the law on the subject, h3 Digitized by Microsoft® 154 Parliamentary Elections. Definitions of Bribery. Bribery as regards the briber is defined as follows : — The following persons shall be deemed guilty of bribery, and shall be punishable accordingly : 1. Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer, promise, or promise to pro- cure 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 account of such voter having voted or refrained from voting at any election : 2. Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure or to endeavour to procure, any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting at any election : 3. Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as afore- said, to or for any person, in order to induce such person to procure, or endeavour to procure, the return of any person to serve in Parliament, or the vote of any voter at any election : 4. Every person who shall, upon or in consequence of any such gift, loan,, offer, promise, procurement, or agreement, procure or engage, promise, or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election : 5. Every person who shall advance or pay, or cause to be paid, any money to, or to the use of any other person, with the intent that such money, or any part thereof, shall be ex- pended 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 : Digitized by Microsoft® Promise of a Bribe. 155 I'rovided always, that the aforesaid enactment shall not extend to or be construed to extend to any money paid or agreed to he paid for or on account of any legal expenses bond fide incurred at or concerning any election. 17 & 18 Vict. 1. 102, a. 2. Where the bribery is not sufficiently general to avoid the election at common law, it is necessary to prove not only a violation of the law, but that that violation took place with the knowledge and consent of the member or an agent of the member \_Southampton (1869)] P. P. 120-69, p. 289. A single bribe, however, if brought home to a member or his agent, will avoid the election. [Westbury (1869)] : 20 L. T. (n.s.) 22. Offer of a Bribe. Speaking of an offer of a bribe, Blackbtjbn, J., in the Wallingford case (1869): 19 L. T. (n.s.) 767, says: "There is no doubt that that, if brought home to the sitting member or his agent, would avoid the election. But then as a matter of fact, when one is coming to see whether or no it is proved, no one can avoid seeing at once that the evidence requires to be stronger and to be of a different character in such a case." The offer to sell a vote is not bribery [Mallow case (1869)] : P. P. 268-72, p. 107. The offer of a bribe to a person disqualified from voting is bribery. [Ouildford case (1869)] : 1 O'M. & H. 14. Promise of a Bribe. In tlie Penryn case (1869): 1 O'M. & H. 122, WiLLES, J., says :— " If the respondent had promised, it would have been as much as if he had paid." Where bribery consisted in a promise of money,_evi- dence of actual payment was held to be admissible. Magee v. Mark, 11 Ir. E. C. L. 449. In the Coventry case (1869): 1 O'M. & H. 105, the following telegram was held not to be a promise to pay Digitized by Microsoft® 156 Parliamentary Elections, the voter's travelling expenses conditionally on his coming over and voting for the sender's side, and there- fore not bribery : "Eaton's Committee — Mr. H., come by first train to ' Stag,' Bishop-street." Valuable Consideration. The words "valuable consideration" mean valuable consideration estimated in money. Per Aldeeson, B., in Cooper v. Blade, 6 E. & B. 447 ; 6 H. L; cases, 746. Illustrations. The follovsring facts have been held to constitute bribery : — A promise to relieve a voter from a legal liability for the past and future use of a drill. Bewdley case (1880)] : P. P. 122-80, p. 142. Taking a voter's shares in a building society off his hands, and thereby relieving him from any liability in respect of them. Ibid. Hiring rooms in a great number of public-houses, ostensibly for committee-rooms, and paying a uniform rent for each without regard to the accommodation, and without asking the rent required [Sandwich case (1880)]: 3 O'M. & H. 158. Finding and paying a substitute for a voter engaged in trawling to enable him to stay on shore and vote, he still receiving his share of the earnings of the smack [Plymouth (1880)] : 3 O'M. & H. 107. A holiday given to the respondent's employes with pay, very many being voters, or the children or rela- tive of voters. A holiday had been given at the two preceding elections, but no payment was made [Graves- md (1880)] : 3 O'M. & H. 84 ; but see observations of Bbamwell, B., in Stroud case (No. 2), (1874): 2, ih. 181, and 48 & 49 Vict. c. 56; Appendix, p. 243. Payment to recoup a workman for wages lost through coming to vote [Staleybridye (1869)] : 1 ib. 67 ; Hast- ings (1869), ib. 220. Digitized by Microsoft® Cases of Bribm-y. 157 Where a voter was told that he might have a day's wages Bbamwell, B., says in the Durham City case (1874): P. P. 374-74, p. 53 :— " I do not think it is a bribe unless it conveys to the man's mind that he -would be certain to have a day's wages. Telling a man that there is a possibility that he may get something is not the gift of anything or the promise of anythiag." An election was set aside because an agent of the respondent gave a voter a pair of boots [Tewkesbury case (1880)] : P. P. 337-80, p. 80. In the Dungannon case (1880), ib. p. 38, D. repre- sented that he was anxious to refrain from voting, and the respondent believing that he was likely to be bribed by the other side, requested his agent to devise means to keep him out of the way. The agent sent a sub- agent to take the man on a trip from Belfast to Stran- raer, paying all expenses, and keeping him there untU it was too late to vote. It was held that this was a valuable consideration to induce a voter to refrain from voting. In the Launceston case (1874): 2 O'M. & H. 129, where, immediately before an election, general permis- sion was given by a candidate to his tenants who were voters to kill rabbits, although the right of doing so had been reserved to himself ia the leases, it was held to be a valuable consideration, and therefore bribery. The Boston election (1874): 2 O'M. & H. 161, was set aside on account of one of the sitting members having bribed voters by gifts of coal. The orders for the coal were signed by the sitting member's political agent, and on the back were the words " with Mr. P.'s (the sitting member) compliments." Several persons employed to ascertain if the people would accept the coal were also employed to canvass them for their votes. Release from prison. Payment of money to obtain a voter's release from prison [Londonderry case (1869)]: 1 O'M. & H. 275 ; but see Ashburton, W. & B. 1. Digitized by Microsoft® 158 Parliamentary Elections. Payment of old claims. It sometimes happens that persons having claims in connection with a former election seek to get them paid as a condition of voting at a future election. Such payment, whether the claim is legally due or not, is bribery. 1st Sligo, 2 P. E. & D. 258 ; Cambridge, B. & Arn. 169 ; Huddersfield, 2 P. K. & D. 130; Gashel (1869), P. P. 120-69, p. 379. Where, however, a candidate used his influence to get a debt, owing to an elector by a former candidate, paid, it was held not to be bribery [Ouildford (1869)] : P. P. 120-69, p. 100. The promise of a dinner on condition of a voter voting for a certain candidate, is bribery. Procuring food to be consumed in futuro is bribery ; giving food to be consumed on the spot is treating [Bodmin (1869)] : 1 O'M. & H. 124 ; 20 L. T. (n.s.) 991. Corrupt Payment of Rates. Any person who directly or indirectly pays any rate on behalf of any ratepayer for the purpose of enabling him to be regis- tered as a voter, thereby to influence his vote at any future election ; and any candidate or other person, either directly or indirectly pa3dng any rate on behalf of any voter for the purpose of inducing him to vote or refrain from voting, is guilty of bribery. The person on whose behalf, and with whose privity the payment is made, is also guilty of bribery. 80 & 31 Vict. c. 102, s. 49 {England); 31 & 32 Vict. c. 48, s. 49 {Scotland). Maktin, B., in the Cheltenham case (1869), 1 O'M. & H. 63, says : — "that in order to make the payment of a rate for the purpose of enabling voters to be registered affect the election, you must prove that it was done corruptly ; that it was done thereby to influence their votes, which, in my judgment, means to induce them to vote for the person on whose behaK the payment was made." Digitized by Microsoft® Payment of Travelling Expenses. 15^ In the Wigan case (1869): 1 O'M. & H. 190, it was laid down that in order to make a third person respon- sible for the payment of a rate, you must prove that he gave authority to the person to do the act. The common law rules of agency, therefore, and not those of election law, apply to this case. Payment of registration fees. — Scotch ^ Universities. Any person who corruptly pays any fee for the purpose of enabling any person to be registered as a member of the general coimcil, and thereby to influence his vote at any future election ; and any candidate or other person paying such fee on behalf of any person for the purpose of inducing him to vote, or to refrain from voting, is guilty of bribery, and punishable accordingly. 44 & 45 Vict. c. 40, s. 2. Any person on whose behalf and with whose privity any such payment is made is also guilty of bribery. Ibid. Payment to enable person to take up his freedom. Such payments, if not made with the intention of influenc- ing the vote, are not bribery. [Beverley (1869)] : 1 O'M. & H. 145. Parliamentary and municipal elections. Where a municipal and parliamentary election are part of the same political contest, a corrupt practice at the former will avoid the latter, when it either was expressly in- tended to operate upon it, or when the necessary effect of what was done at the municipal election was to affect the parliamentary election [Southampton (1869), 1 O'M. & H. 226 ; BeverUy (1869) ; ibid 147 ; Blaek- burn (1869), ibid 199. Travelling expenses. Ail payments on account of the conveyance of voters to the poll, whether for the hiring of horses or carriages, or for railway fares or other- Digitized by Microsoft® 160 Parliamentary Elections. •wise, are forbidden ; and if made by the candidate or his agent, would render the election void. 46 & 47 Vict. c. 51, ss. 7, 11. Apart, however, from this pro- hibition, a promise to pay the voter's travelling ex- penses conditionally on his votiQg for a particular can- didate has been held to be bribery -within 17 & 18 Vict. «. 102, s. 2 — Cooper v. Slade, ante ; [Dublin (1869)] : 1 O'M. & H. 273 ; but a promise not so conditioned has been held not to be so [Bolton (1874)] : 2 ib. 144. The subject need not be pursued further here, as, of course, no agent or candidate would now think of pro- mising or paying such expenses. The payments on account of travelling, which would have constituted the offence of bribery before the passing of the Corrupt and Illegal Practices Prevention Act, 1883, would do so stiU. Charitable gifts. Charitable gifts, where the motive is not to influence votes, are no offence against any law [Plymouth case (1880)] : 3 O'M. & H. 110. But where BOOZ. a year was habitually spent by a candidate in charitable donations, and at the Christmas preceding the election the amount was raised to 720Z., which was distributed without check by his election agent, the judge was of opinion that such expenditure was corrupt [Stafford case (1869): 1 O'M. & H. 230. ' Largesses. The distribution of 340L in the street in sixpences, shillings, florins, and half-crowns to persons not voters, was held not to be bribery [Youghal case (1869)] : 1 O'M. & H. 294. Lavish expenditure. Lavish expenditure in a neigh- bourhood, with a view of gaining popularity and in- fluencing an election, is not illegal. " In order to con- stitute anything which would be a corrupt practice in respect of expenditure of that sort, it must be made with Digitized by Microsoft® The Amount of the Bribe Material, 161 a view of influencing a particular vote " {Hastings case (1869)] : 1 O'M. & H. 218. Time. Although bribery must be committed at the election, it has been held that it need not be at the moment vyhen the polling is going on, but it means at some time " which is continuing to and operative upon the election. To take an extreme case : if Mr. S. himself had said to any voter, ' Here are 5L for you if you -will promise to vote for me when I am candidate ; ' if he had not come forward for ten years it still would have been within the Act." Per Beamwell, B., in Stroud (No. 2) (1874): 2 O'M. & H. 183. A bribe to avoid an election must be operative at the time of the election [Windsor case (1874)] : 2 O'M. & H. 91. If a person gave a bribe, which was accepted, but the parties afterwards changed their minds, and the bribe was returned, this would not avoid the election. Ibid. A bribe given to a person who died before the election would not avoid it. Ihid. Keogh, J., in the Sligo case (1869): 1 O'M. & H. 302 : — " Any act committed previous to an election, no matter at what distance of time, with a view to influ- ence a voter, whether it is one, two, or three years before, is just as much bribery as if it was committed on the day of the election." The bribery need not be committed with reference to any particular election. Mr. T. was a candidate for Norwich in 1868, when he was defeated ; in 1870 he was returned, but un- seated in consequence of bribery by an agent at the former election [Norwich case (1870)] : P. P. 268-72, p. 130. The Amount. Where the amount given in bribes is trifling, and the acts of bribery isolated, the election will not be avoided. Digitized by Microsoft® 162 Parliamentary Elections. Where it was proved that a shilling had been given to one man, the same amount to another, and sixpence to a third, Maetin, B., says : — " If I were to upset an election for single acts such as these, it seems to me the law would be brought into contempt and ridicule " [Salford case (1869)] : 1 O'M. & H. 142. Eocpectation of voter. No amount of hope or expecta- tion on the part of the voter that he will receive any money or other valuable consideration is sufficient to constitute bribery [Coventry (1869)] : 20 L. T. (n.s.) 418. Corruptly. It will be observed that any of the acts- mentioned in the first paragraph of sect. 2 of 17 & 18 Vict. c. 102, which, if done before an election to induce a voter to vote, dc, would be bribery, must, if done on account of any person having voted, Sc, be done corruptly to constitute that offence. v As regards the meaning of the word corruptly, it does not mean " wickedly, immorally, or dishonestly, or anything of that sort, but with the object and intention of doing that which the legislature plainly meant to forbid." Per Blackbubn, J., in Bewdley case (1869) : 1 O'M. & H. 19. Maktin, B., in the Bradford case (No. 2) (1869) : lO'M. & H. 37; 19 L. T. (n.s.) 726, says:— "If you give money to a man to vote before an election, that is ipso facto bribing ; but if the money is given after a a man has voted, you must show that it was done cor- ruptly. What is the exact meaning of the word ' cor- ruptly ? ' It is difficult to say ; but I am satisfied that it is. a thing done with an evil mind and intention, and unless there be an evil mind or an evil intention accompanying^ the act, it is not done corruptly. ' Corruptly ' means an act done by a man knowing that he is doing what is. wrong, and doing it with an evil object." Digitized by Microsoft® Colourable Employment — Bribery. 163 " I do not know a better definition of the word ' cor- ruptly' than that which is given in the Launceston case (2 O'M. & H. 129), where the judge defined ' corruptly ' to be ' with the intention of produciag an efieot upon the election.' " Per Dowse, B., in Carrickfergus case (1880): 3 ib. 91; see also Cooper v. Slade, ante; Limerick City (1869): 1 O'M. & H. 261. Procuring Employment. The first paragraph of sect. 2 of 17 & 18 Vict. c. 102, makes the gift, &c., of money or money's worth bril^eiy : the second paragraph makes the giving of any office, place, or employment. Employment at election. Employment for reward about tiie election was a long standing form of corrup- tion, and the evil was sought to be remedied by pro- hibiting persons employed for payment at an election from voting. 7 & 8 Geo. 4, c. 37 ; 30 & 31 Vict. c. 102, s. 11. These Acts were, however, only partially suc- cessful, and a more efficacious remedy has been found in strictly limiting the number of persons who may be employed for payment on behalf of a candidate about an election. 46 & 47 Vict. c. 51, sched. I. Wherever- employment is given, whether at an election or else- where, for the purpose of influencing a vote, it is bribery. Colourable employment. Where the employment has been in name only, where money has been given for doing nothing, or in excess for the services fairly ren- dered, it would be considered bribery [Penryn case (1869)] : 1 O'M. & H. 130. Payment not necessary. It is not necessary that there should be any emoluments attached to an office to con- atitute a promise to procure it bribery. Where an agent of the respondent offered to resign his seat in the tovTn. Digitized by Microsoft® 164 Parlmmentary Elections. ■council in favour of a voter in order to induce him to vote for the respondent, the judge expressed his opinion that if such offer had been seriously made it would have been bribery [Waterford case (1870)] : 2 O'M & H. 25. Employment not about the election. The same prin- ciples apply to this as to employment about an elec- tion. It must not be given to influence a vote, nor must it be merely colourable. Willes, J., in the Penryn case (1869): P. P. 120-69, p. 134, says: "I cannot see myself the distinction between employing a man for the purpose of the election and getting a man employment at his ordinary work, and at proper wages, in another capacity." A person who has employment to give may employ persons of his own way of thinking, but he must not- give the employment as a reward for the vote which he hopes to obtain, and he must not make the vote a con- dition of giving employment. Ibid. " To lay down the rule tliat whenever a person really having a job in hand, offers it to a man who is going to vote on the other side, although he says it was not intended to influence the man's vote, we are to draw the inference that it was, would be laying down the rule that during an election there must be exclusive dealing." Blackburn, J., in the Hastings case (1869): 21 L. T. .(n.s.) 238. Wliere the alleged bribery consists in an offer of ■employment, it ought to be made out beyond aU doubt [Cheltenham (1869)] : 1 O'M. & H. 64. Procuring Return. Paragraphs 8 and 4 of the .2nd section of 17 & 18 Vict. c. 102, strike at a very long standing mode of corruption — the purchase of in- fluence. The subject was much discussed in the Coventry case (1869): 1 O'M. & H. 97, in which Mr. E., a candidate, entered into an arrangement with Mr. H., Digitized by Microsoft® Providing Money for Bribery. 165- who had formerly unsuccessfully contested the borough, that they should stand together, Mr. E. paying the whole of the expenses of the election. This, it was con- tended, was a purchase of Mr. H.'s influence. It was- held, however, that under the circumstances it was not, and that the fair payment of the expenses of a candidate, if he will stand, does not of itself constitute an illegality under the provisions of the Act. " A payment to be made under the third paragraph of the 2nd section must be a payment for the purchase of influence ; it must be a payment to a person having influence in a place in order to purchase that influence ; it must be a payment on account of his lending his influence or countenance in the election." Bribery at test ballot. There were three Liberal can- didates for a vacant seat, and from the state of parties in the constituency it was certain that if they all went to the poU a Conservative would be returned, but if only one Liberal candidate went to the poll he was certain to be returned. A test ballot was held to determine which of the three candidates should stand, and an agent of the respondent bribed several persons to vote for him at the test ballot. Nothing was said about voting at the election. This was held to be bribery. Britt v. Robin- son, L. R. 6 C. P. 503. Providing Money for Bribery. Paragraph 5 of sect. 2, 17 & 18 Vict. c. 102, makes it bribery to ad- vance or pay money with the intent that it should be expended in bribery, or to knowingly pay money to any person in discharge or repayment of money expended in bribery at any election. Proviso as to legal expenses. Provided always that the aforesaid enactment shall not extend or be con- Btrued to extend to any money paid or agreed to be paid for or on account of any legal expenses bond fide Digitized by Microsoft® 166 Parliamentary Elections. incurred at or concerning the election. 17 & 18 Vict. ' oandldate report made to the Speaker in pm-suance of section eleven of p?^Hon "^ the ParHamentary Elections Act, 1868, reports that any cor- petition, rupt practice other than treating or undue influence has been guilty per- proved to have been committed in reference to such election tonally o( by or with the knowledge and consent of any candidate at mSes such election, or that the offence of treating or undue influ- „, g^ j, y.-j ence has been proved to have been committed in reference to c. 125. such election by any candidate at such election, that candi- date shall not be capable of ever being elected to or sitting in the House of Commons for the said county or borough, and if he has been elected, his election shall be void ; and he shall further be subject to the same incapacities as if at the date of the said report he had been convicted on an indict- ment of a corrupt practice. 5. Upon the trial of an election petition respecting an Punishment election for a county or borough, in which a charge is made °' candidate of any corrupt practice having been committed in reference e^Mtion"^ to such election, the election com-t shall report in writing to petition, the Speaker whether any of the candidates at such election guilty by has been guilty by his agents of any corrupt practice in ^n"™"' reference to such election ; and if the report is that any can- practices, didate at such election has been guilty by his agents of any corrupt practice in reference to such election that candidate shall not be capable of being elected to or sitting in the House of Commons for such county or borough for seven years after the date of the report, and if he has been elected his election shall be void. 6. (1.) A person who commits any corrupt practice other Punishment than personation, or aiding, abetting, counselling, or pro- "' person curing the commission of the offence of personation, shall be '^^^ guilty of a misdemeanor, and on conviction on indictment mentof cor- shall be liable to be imprisoned, with or without hard labour, rapt prao- for a term not exceeding one year, or to be fined any sum not *'''^^' exceeding two hundred pounds. (2.) A person who commits the offence of personation, or of aiding, abetting, counselling, or procuring the commission Digitized by Microsoft® 216 46 S 47 Vict. c. 51. Aopudx. °^ *^** offence, shall be guilty of felony, and any person con- - — ' victed thereof on indictment shall be punished by imprison- ment for a term not exceeding two years, together with hard labour. (i.) A person who is convicted on indictment of any cor- rupt practice shall (in addition to any punishment as above provided) be not capable during a period of seven years from the date of his conviction : (a.) of being registered as an elector or voting at any election in the United Kingdom, whether it be a parliamentary election or an election for any public office within the meaning of this Act ; or (i.) of holding any public or judicial office within the meaning of this Act, and if he holds any such office the office shall be vacated. (4.) Any person so convicted of a corrupt practice in reference to any election shall also be incapable of being elected to and of sitting in the House of Commons during the seven years next after the date of his conviction, and if at that date he has been elected to the House of Commons his election shall be vacated from the time of such con- viction. Illegal Practices, Certain ex- 7, (1.) No payment or contract for payment shall, for the pendlture to purpose of promoting or procuring the election of a candidate practi^^ at any election, be made — (a.) on account of the conveyance of electors to or from the poll, whether for the hiring of horses or car- riages, or for railway fares, or otherwise ; or (J.) to an elector on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibi- tion of any address, bill, or notice ; or (c.) on account of any committee room in excess of the number allowed by the First Schedule to this Act. (2.) Subject to such exception as may be allowed in pur- suance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this Act, shall also be guilty of an illegal practice. Digitized by Microsoft® 46 S 47 yi(t. c. 51. 217 (3.) Provided that where it is the ordinary business of an Appndx. elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section, 8. (1.) Subject to such exception as may be allowed in Expense in pursuance of this Act, no sum shall be paid and no expense '^^^°^ shall be incurred by a candidate at an election or his election to be illegal agent, whether before, during, or after an election, on ac- practice, count of or in respect of the conduct or management of such election, in excess of any maximum amount in that behalf specified in the Tirst Schedule to this Act. (2.) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice. 9. (1.) If any person votes, or induces or procures any Voting by person to vote at any election, knowing that he or such ^™^^s*^^|j person is prohibited, whether by this or any other Act, from publlsliing voting at such election, he shall be guilty of an illegal of false practice. orS-"** (2.) Any person who before or during an election know- arawaltobo ingly publishes a false statement of the withdrawal of a illegal. candidate at such election, for the purpose of promoting or procuring the election of another candidate, shall be guilty of an illegal practice. (3.) Provided that a candidate shall not be liable, nor shall his election be avoided, for any illegal practice under this section committed by his agent other than his election 10. A person guilty of an illegal practice, whether under Punishment the foregoing sections or under the provisions hereinafter "jo°°™°' contained in this Act, shaU on summary conviction be liable uiegal prac- to a fine not exceeding one hundred pounds, and be incapable tioe, during a period of five years from the date of his conviction of being registered as an elector or voting at any election (whether it be a parliamentary election of an election for a public office within the meaning of this Act) held for or within the county or borough in which the illegal practice has been committed. 11 Whereas by sub-section fourteen of section eleven of Eeport of the Parliamentary Elections Act, 1868, it is provided that ^^^'^ L Digitized by Microsoft® 218 46 d 47 Vict. c. 51. AppndX, where a charge is made in an election petition of any corrupt "— — ' practice having been committed at the election to which the respecting petition refers, the judge shall report in writing to the practice, Speaker as follows :— ment™'^''' («•) " Whether any corrupt practice has or has not been candidate " been proved to have been committed by or with lonnd guilty " tlie knowledge and consent of any candidate at by such n g^gjj election, and the nature of such corrupt " practice ; 31 & 32Vict. ^j-j 11 rj.ijg names of all persons, if any, who have been "■ ^^^" " proved at the trial to have been guilty of any " corrupt practice ; (c.) " Whether corrupt practices have, or whether there is " reason to believe corrupt practices have, exten- " sively prevailed at the election to which the " petition relates ; " And whereas it is expedient to extend the said sub-section to illegal practices : Be it therefore enacted as follows.- — 31 & 32 Vict. Sub-section fourteen of section eleven of the Parliamentary 0. 125. Elections Act, 1868, shall apply as if that sub-section were herein re-enacted with the substitution of illegal practice within the meaning of this Act for corrupt practice ; and upon the trial of an election petition respecting an election for a county or borough, the election court shall report in writing to the Speaker the particulars required by the said sub-section as herein re-enacted, and shall also report whether any candidate at such election has been guilty by his agents of any illegal practice within the meaning of this Act in reference to such election, and the following consequences shall ensue upon the report by the election court to the Speaker; (that is to say,) (a.) If the report is that any illegal practice has been proved to have been committed in reference to such election by or with the knowledge and con- sent of any candidate at such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for the said county or borough for seven years next after the date of the report, and if he has been elected his election shall be void ; and he shall further be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice ; and (J.) If the report is that a candidate at such election has been guilty by his agents of any illegal practice in Digitized by Microsoft® 46 d 47 Vict. c. 51. 219 reference to such election, that candidate shall not Appndx. be capable of being elected to or sitting in the House of Commons for the said county or borough during the Parliament for which the election was held, and if he has been elected, his election shall be void. Illegal Payment, Employment, and Hirinri. 13. Where a person knowingly provides money for any ProTiding of payment which is contrary to the provisions of this Act, or •J'j™^^ '*"' for any expenses incurred in excess of any maximum amount practice or allowed by this Act, or for replacing any money expended in pajrment to any such payment or expenses, except where the same may be illegal have been previously allowed in pursuance of this Act to be *" ^ an exception, snch person shall be guilty of illegal payment. 14. (1-) ^ person shall not let, lend, or employ for the Employ- purpose of the conveyance of electors to or from the poll, any ™6nt of public stage or hackney carriage, or any horse or other animal callages, or kept or used for drawing the same, or any carriage, horse, or of "carriages other animal which he keeps or uses for the purpose of letting a«(l borsea out for hire, and if he lets, lends, or employs such carriage, ™Pj '<"' horse, or other animal, knowing that it is intended to be used for the purpose of the conveyance of electors to or from the poll, he shall be guilty of an illegal hiring. (2.) A person shall not hire, borrow, or use for the purpose of the conveyance of electors to or from the poU any carriage, • horse, or other animal which he knows the owner thereof is prohibited by this section to let, lend, or employ for that purpose, and if he does so he shall be guilty of an illegal hiring. (3.) Nothing in this Act shall prevent a carriage, horse, or other animal being let to or hired, employed, or used by an elector, or several electors at their joint cost, for the pur- pose of being conveyed to or from the poll. (4.) No person shall be liablelto pay any duty or to take out a license for any carriage by reason only of such carriage being used without payment or promise of payment for the conveyance of electors to or from the poll at an election. 15. Any person who corruptly induces or procures any Cornipt other person to withdraw from being a candidate at an ^X a ™a- election, in consideration of any payment or promise of pay- didature. l2 Digitized by Microsoft® 220 46 & 47 Vict. c. 51. Appndx. ment, shall be guilty of illegal payment, and any person withdrawing, in pursuance of such inducement or procure- ment, shall also be guilty of illegal payment. Certain 16. (1-) No payment or contract for payment shall, for expenditure the purpose of promoting or procuring the election of a to be illegal candidate at any election, be made on account of bands of payment. jn^igjc^ torches, flags, banners, cockades, ribbons, or other marks of distinction. (2.) Subject to such exception as may be allowed in pur- suance of this Act, if any payment or contract for payment is made in contravention of this section, either before, during, or after an election, the person making such payment shall be guilty of illegal payment, and any person being a party to any such contract or receiving such payment shall also be guilty of illegal payment if he knew that the same w.as made contrary to law. Certain Yl. (1.) No person shall, for the purpose of promoting or tobe*Utegal P™curing the election of a candi&,te at any election, be ' engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for any purposes or capacities mentioned in the first or second parts of the First Schedule to this Act, or except so far as payment is authorized by the first or second parts of the First Schedule to this Act. (2.) Subject to such exception as may be allowed in pm-- suance of this Act, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person engaging 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. Name and address of printer on placards. 18. Every biU, placard, or poster having reference to an election shall bear upon the face thereof the name and address of the printer and publisher thereof ; and any person printing, publishing, or posting, or causing to be printed, published, or posted, any such bfll, placard, or poster as afore- said, which fails to bear upon the face thereof the name and address of the printer and publisher, shall, if he is the can- didate, or the election agent of the candidate, be guilty of an illegal practice, and if he is not the canAdate, or the election agent of a candidate, shall be liable on summaiy conviction to a fine not exceeding one hundred pounds. Digitized by Microsoft® 46 S 47 Yict. c. 51. 221 19. The provisions of this Act prohibiting certain pay- Appndx. ments and contracts for payments, and the payment of any sum, and the incumng of any expense in excess of a certain creeutors™ maximum, shall not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of the same being in contravention of this Act. 20. («.) Any premises on which the sale by wholesale or l^?^ "' <;<»»- retail of any intoxicating liquor is authorized by a license ^Sjuae""'" (whether the license be for consumption on or off the for sale of premises), or Intoxicatine ,, . . . , ..... ... liquor or (0.) Any prermses where any mtoxicatmg liquor is sold, refreslinient or is supplied to members of a club, society, or association or in ele- other than a permanent political club, or sohoof'^to ba (c.) Any premises whereon refreshment of any kind, i'legal whether food or drink, is ordinarily sold for consumption on "' "*' the premises, or ((?.) The premises of any public elementary school in receipt of an annual parliamentary grant, or any part of any such premises, shall not be used as a committee room for the purpose of promoting or procuring the election of a candidate at an election, and if any person hires or uses any such premises or any part thereof for a committee room he shall be guilty of illegal hiring, and the person letting such premises or part, if he knew it was intended to ruse the same as a committee room, shall also be guilty of illegal hiring : l^rovided that nothing in this section shall apply to any part of such premises which is ordinarily let for the purpose of chambers or offices or the holding of public meetings or of arbitrations, if such part has a separate entrance and no direct communication with any part of the premises on which any intoxicating liquor or refreshment is sold or supplied as aforesaid. 21. (1-) A person guilty of an ofEeuce of illegal payment, PunlsUment employment or hiring, shall, on summary conviction, be ^^^.^1^^^ liable to a fine not exceeding one hundred pounds. employ- (2.) A candidate or an election agent of a candidate who firing, is personally guilty of an offence of illegal payment, employ- ment, or hiring shaU be guilty of an illegal practice. Digitized by Microsoft® 222 46 d 47 Vict. c. 51. Appndx. Exotose and Exception for Corrupt or Illegal Practice or Illegal Payment, Employment, or Siring. Report 22. Where, upon the trial of an election petition respecting exonerating an election for a county or borough, the election court cedatacfse" f^port that a candidate at such election has been guilty by of coiTupt Ms agents of the offence of treating and undue influence, and and illegal illegal practice, or of any of such offences, in reference to agents? ^^ *'"°'^ election, and the election court farther report that the candidate has proved to the court — (a.) That no corrupt or illegal practice was coinmitted at such election by the candidate or his election agent, and the offences mentioned in the said report were conunitted contrary to the orders and without the sanction or connivance of such candidate or his election agent ; and (J.) That such candidate and his election agent took aU reasonable means for preventing the commission of corrupt and illegal practices at such election ; and (c.) That the offences mentioned in the said report were of a trivial, unimportant, and limited character ; and (<^.) 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. Power ol High Court and election court to except inno- cent act from being illegal practice, &c. 23. Where, on application made, it is shown to the High Court or to an election court by such evidence as seems to the Court sufficient — (a.) That any act or omission of a candidate at any election, or of his election agent or of any other agent or person, would, by reason of being a payment, en- gagement, employment, or contract in contravention of this Act, or being the payment 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, employment, or hiring ; and Digitized by Microsoft® 46 d 47 Yict. f. 51. 228 (i.) That such act or omission arose from inadvertence or Appudx^ from accidental miscalculation, or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith ; and (e.) 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 allowing such act or omission to be an exception from the provisions of this Act, which would otherwise make the same an illegal practice, payment, em- ployment, or hiring, and thereupon such candidate, agent, or person shall not be subject to any of the consequences under this Act of the said act or omission. Election JExpenses. 24. (1-) On or before the day of nomination at an election. Nomination a person shall be named by or on behalf of each candidate as "* election his agent for such election (in this Act referred to as the "^^^ ' election agent). (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 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 address of every election agent so declaredr - (4.) One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the canidate himself or not, may be revoked, and in the event of such revocation or his death, whether such event is before, during, or after the election, then forth- with 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. Digitized by Microsoft® 224 46 <& 47 Vict. c. 51. Appudx. lirominatlon of deputy election agent an 8Ub-agent. 25- (1.) In the case of the elections specified in that behalf in the First Schedule to this Act an election agent of a candidate may appoint the nnmber of deputies therein mentioned (which deputies are in this Act referred to as sub- agents), to act within different polling districts. (2.) As regards matters in a polling district the election agent may act by the sub-agent for that district, and any- thing 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 oflScer, and the retm-ning 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 elec- tion agent, but may be revoked by the election agent for the time being of the candidate, and in the event of such revo- cation or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the returning officer, who shall forth- with give public notice of the same. Office of election agent and iiib-agent. 26. (1.) An election agent at an election for a county or borough shall have within the county or 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 document de- livered 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 connected with the election in which he ia act- ing be sued in any court having jurisdiction in the county or borough in which the said office or place is situate. Digitized by Microsoft® 46 S 47 Vict. c. 51. 225 27. (1.) The election agent of a candidate by himself or Appndx. by his sub-agent shall appoint every polling agent, clerk, and messenger employed for payment on behaU of the candidate ^"t'^^^' at an election, and hire every committee room hired on behalf through of the candidate. election (2.) A contract whereby any expenses are incurred on agent. account of or in respect of the conduct or management of an election shall not be enforceable against a candidate at such election unless made by the candidate himself or by his elec- tion agent, either by himself or by his sub-agent ; provided that the inability nnder 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 f^penses "' Act, no payment and no advance or deposit shall be made by thi-ough a candidate at any election or by any agent on behalf of the election candidate or by any other person at any time, whether before, as™*- during, or after such election, in respect of any expenses incurred on account of, or in respect of the conduct or man- agement of such election, otherwise than by or through the election agent of the candidate, whether acting in person or by a snb-agent ; and all money provided by any person other than the candidate for any 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 otherwise ; 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 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 contraven- tion of this section any money so provided as aforesaid, shall be guilty of an illegal practice. 29. (1.) Every payment made by an election agent, whether Period lor by himself or a sub-agent, in respect of any expenses incurred g™i^^JJ^ on account of or in respect of the conduct or management of maMng an election, shall, except where less than forty shillings, be payments vouched for by a bUl stating the particulars, and by a *<"^ election receipt. s f ,^pe„,e». (2.) Every claim against a candidate at an election or his election agent in respect of any expenses incurred on account of or in respect of the conduct or management of such elec- L 3 Digitized by Microsoft® 226 46 S 47 Vict. c. 51. Appndx, tion which is not sent into 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 management 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 contra- vention of this provision shall be guilty of an iUegal practice. (5.) Except as by this Act permitted, the time 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 connivance of such candidate, the election of such candidate 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 ; 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 provisions 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 claimant or by the candidate or his election agent may by order give leave for the payment by a candidate or his election agent of a dis- puted claim, or of a claim for any such expenses as aforesaid, although sent m after the time in this section mentioned for sending m claims, or although the same was sent into the candidate and not to the election agent. Digitized by Microsoft® id d il Vict. c. 51. 227 (10.) Any sum specified in the order of leave may be paid AppildXi by the candidate or his election agent, and when paid in pur- suance 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 Eetorence recover a disputed claim against a candidate at an election, *° taxation or his election agent, in respect of any expenses incurred on against account or in respect of the conduct or management of such candidates, election, and the defendant 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 oflGlcer 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. 31. (1-) The candidate at an election may pay any per- Personal sonal expenses incurred by him on account of or in connection ''•"P^^d^L"* with or incidental to such election to an amount not exceed- ^^ petty ing one hundred pounds, but any further personal expenses expenses. BO incurred by him shall be paid by his election agent. (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 afore- said by such candidate. (3.) Any person may, if so authorized in writing by the election agent of the candidate, pay any necessary expenses for stationery, postage, telegrams, and other petty expenses, to a total amount not exceecUng-that named in the authority, but any excess above the total amount so named shall be paid by the election agent. (4.) A statement of the particulars of payments made by any person so authorized shall be sent to the election agent vrithin the time limited by this Act 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 shall Eemunera- apply to a claim for his remuneration by an election agent '!°° °' ^'1"" and to the payment thereof in like manner as if he were and r^urn- any other creditor, and if any difEerence arises respecting ing officer's the amount of such claim the claim shall be a disputed claim expenses. within the meaning of this Act, and be dealt with accord- ingly. (2.) The accDunt of the charges claimed by the returning Digitized by Microsoft® 228 46 S 47 Vict. c. 51. 38 & 39 Vict. 0.84. Ketum and declaration respecting election expenses. AppndX. officer in the case of a candidate and transmitted in pursuance of section four of the Parliamentary Elections (Ketuming Officers) Act, 1875, shall be transmitted within the time specified in the said section to the election agent of the can- didate, and need not be transmitted to the candidate. 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 (in this Act referred to as a return respecting election expenses), in the form set forth in the Second Schedule to this Act or to the like effect, containing, as respects that candidate, — (a.) A statement of all payments made by the election agent, together with all the bills and receipts (which bills and receipts are in this Act included in the expression " retmn respecting election expenses ") ; (5.) A statement of the amount of personal expenses, if any, paid by the candidate ; (f .) 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 ; ((/.) 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 which application has been or is about to be made to the High Court ; (/.) A statement of all money, securities, and equivalent 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 retm'ning 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 (which declaration is in this Act referred to as a declaration respecting election expenses). (3.) Where the candidate has named himself as his election agent, a statement of all money, securities, and equivalent of money paid by the candidate shall be substituted in the Digitized by Microsoft® 46 dt 47 Viot. c. 51. 229 return required by this section to be transmitted by the elec- Appncbc. tion agent for the like statement of money, securities, and "" equivalent of money received by the election agent from the candidate ; and the declaration by an election agent respect- ing election expenses need not be made, and the declaration by the candidate respecting election expenses shall be modified as specified in the Second Schedule to this Act. (4.) At the same time that the agent transmits the said return, or within seven days afterwards, the candidate shall transmit or cause to be 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 candi- date shall not, after the expiration of such time, sit or vote in House of Commons as member for that coimty or borough until either such return and declarations have been trans- mitted, or until the date of the allowance of such an autho- rized excuse for the failure to transmit the same, as in this Act mentioned, and if he sits or votes in contravention of this enactment he shall forfeit one hundred pounds for every day on which he so sits or votes to any person who sues for the same. (6.) If without such authorized excuse as in this Act men- tioned, a candidate or an election agent fails to comply with the requirements of this section he shall be guilty of an illegal practice. (7.) If any candidate or election agent knowingly makes the declaration required by this section falsely, he shall be guilty of an ofEence, and on conviction thereof on indictment shall be liable to the punishment for wilful and corrupt per- jury ; such ofEence shall also be deemed to be a corrupt prac- tice within the meaning of this Act. (8.) Where the candidate is out of the United Kingdom at the time when the return is so transmitted to the return- ing officer, the declaration required by this section may be made by him within fourteen days after his return to the United Kingdom, and in that case shall be forthwith trans- mitted to the returning officer, but the delay hereby autho- rized in making such declaration shall not exonerate the election agent from complying with the provisions of this Act as to the return and declaration respecting election expenses. Digitized by Microsoft® 280 46 S 47 Vict. c. 51. AppndX. (9.) Where, after the date at which the return respeging - — election expenses is transmitted, leave is giyen by the High Court for any claims to be paid, the candidate or his election agent shall, within seven days after the payment thereof, transmit to the returning officer a return of the sums paid in pursuance of such leave accompanied by a copy of the order of the court giving the leave, and in default he shall be deemed to have failed to comply with the requirements of this section without such authorized excuse as in this 'Act mentioned. Authorized 34. (1.) Where the return and declarations respecting excuse for election expenses of a candidate at an election for a county rUan™with '"' borough have not been transmitted as required by this provisions as Act, or being transmitted contain some error or false state- to return ment, then — tion respect- (a.) if the candidate applies to the High Court or an elec- ing election tion court and shows that the failure to transmit expenses. g^gj^ return and declarations, or any of them, or any part thereof, or any error or false statement therein, has arisen by reason of his illness, or of the absence, death, illness, or misconduct of his election agent or sub-agent or of any other clerk or officer of such agent, or by reason of inadvertence or of any reason- able cause of a like nature, and not by reason of any want of good faith on the part of the applicant, or (J.) if the election agent of the candidate applies to the High Court or an election com:t and shows that the failure to transmit the return and declarations which he was required to transmit, or any part thereof, or any error or false statement therein, arose by reason of his illness or of the death or ill- ness of any prior election agent of the candidate, or of the absence, death, illness, or misconduct of any sub-agent, clerk or officer of an election agent of the candidate, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the apphcant, the court may, after such notice of the application in the said county or borough, and on production of such evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the court seems fit, make such order for allowing an authorized excuse for the failure to transmit such return and declaration, or for an Digitized by Microsoft® 46 S 47 Vict. c. 51. 231 error or false statement in such return and declaration, as to AppndXi the court seems just. - — (2.) Where it appears to the court that any person being or having been election agent or sub-agent has refused or failed to make such return or to supply such particulars as will enable the candidate and his election agent respectiyely to comply with the provisions of this Act as to the return aiid declaration respecting election expenses, the court before making an order allowing the excuse as in this section men- tioned shall order such person to attend before the court, and on his attendance shall, unless he shows cause to the contrary, order him to make the return and declaration, or to deliver a statement of the particulars required to be contained in the return, as to the court seem just, and to make or deliver the same within such time and to such person and in such manner as the court may direct, or may order bim to be examined with respect to such particulars, and may in default of com- pliance with amy such order order him to pay a fine not exceeding five hundred poimds. (3.) The order may make the allowance conditional upon the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Act ; and an order allowing an authorized 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 omis- sion of the election agent in relation to the return and declara- tion respecting election expenses 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 compUes 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 ten publication days after he receives from the election agent of a candidate of summary a return respecting election expenses shall publish a summary "fg"^"" of the return in not less than two newspapers circulating in expenses. 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- Digitized by Microsoft® 232 46 S 47 Vict. c. 51. Appndx. ments) can be inspected, and may charge the candidate in - — * respect of such publication, and the amount of such charge 38 & 39 Vict, shall he the sum allowed by the Parliamentary Elections '^- **■ (Returning Officers) Act, 1875. (2.) The return and declarations (including the accom- panying documents) sent to the returning officer by an elec- tion agent shall be kept at the office of the returning officer, or some convenient pUice 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 accom- panying documents), to be destroyed, or, if the candidate or his election agent so require, shall return the same to the candidate. Prohibition of persons guilty of corrupt or illegal practices, &c., from voting. ProMbltion of disquali- fied persons from voting, 36 & 86 Vlot. ceo. 46 & 46 Viet, c. 60. DisqnaKflcation 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 election, and if any such person votes Ms vote shall be void. 37. Every person who, in consequence of conviction or of the report of any election court or election commissioners under this Act, or under the Corrupt Practices (Municipal Elections) Act, 1872, or under Part IV. of the Municipal Corporations Act, 1882, or under any other Act for the time being in force relating to corrupt practices at an election for any public office, has become incapable of voting at any elec- tion, whether a parliamentary election or an election to any public office, is prohibited from voting at any such election, and his vote shall be void. Proceedings on Election Petition. Time for 40. (1.) Where an election petition questions the return of eSfoT" ""^ ** election upon an allegation of an iUegal practice, then petitions notwithstanding anything in the Parliamentary Elections alleging Act, 1868, such petition, so far as respects such illegal prac- prSlco *^'^^' ™*y ^^ presented within the time following ; (that i» 31 cfc 32 Vlot. *" '*y)' C. 126. Digitized by Microsoft® 46 S 47 Fief. c. 51. ' 288 (a.) At any time before the expiration of fourteen days AppHClx. after the day on which the retm-ning officer receives the return and declarations respecting election ex- penses by the member to whose election the petition relates and his election agent. (i.) 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 practice alleged in the petition, the peti- tion 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 31 & 32 Vlot. by the Parliamentary Elections Act, 1868, may for the pur- <=■ l^S. pose of questioning the return or the election upon an allega- tion of an illegal practice be amended with the leave of the High Court within the time within which a petition ques- tioning the return upon the allegation of that illegal practice can under this section be presented. (3.) This section shall apply in the case of an ofEence relating to the return and declarations respecting election expenses in like manner as if it were an illegal practice, and also shall apply notwithstanding 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 (J.) Where there is an authorized excuse for failing to make and transmit the return and declarations re- specting 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, shall be substituted for the day on which the return and declarations are received by the returning ofBcer. (5.) For the purposes of this section, time shall be reckoned in like manner as it is reckoned for the purposes of the Par- liamentary Elections Act, 1868. 48. Where the nature of a county is such that any electors Convoyanoe residing therein are unable at an election for such county to ?! JiJ?^™!'^ reach their polling place without crossing the sea or a branch tatn cases. Digitized by Microsoft® 234 46 d 47 Vict, c. 51. Appudx, 01 arm thereof, this Act shall not prevent the proTision of means for conveying such electors by sea to their polling place, and the amount of payment for such means of convey- ance may be in addition to the maximum amount of expenses allowed by this Act. Breach of gj_ (i.) Section eleven of the Ballot Act, 1872, shall offl^n ^PPly to a returning officer or presiding officer or clerk who 35 & 36 Vict, is guilty of any wilful misfeasance or wilful act or omission c. 33. in contravention of this Act in like manner as if the same were in contravention of the Ballot Act, 1872. Publication 62. (1-) Any public notice required to be given by the and service returning officer under this Act shall be given in the manner 36 ft'se'vict. ™ '^^^<='^ ^^ i^ directed by the BaUot Act, 1872, to give a c. 33. ' public notice. Deflnltton of candi- date, and saving for persons nominated without consent. 63. (1-) In the Corrupt Practices Prevention Acts, as amended by this Act, the expression " candidate at an elec- tion" and the expression "candidate" respectively mean, unless the context otherwise requires, any person elected to serve in Parliament at such election, and any person who is nominated as a candidate at such election, or is declared by himself or by others to be a candidate, on or after the day of the issue of the writ for such election, or after the disso- lution or vacancy in consequence of which such writ has been issued ; (2.) Provided that where a person has been nominated as a candidate or declared to be a candidate by others, then— (a.) If he was so nominated or declared without his con- sent, nothing in this Act shall be construed to im- pose any liability on such person, unless he has afterwards given his assent to such nominsition or declaration or has been elected ; and (i.) If he was so nominated or declared, either without his consent or in his absence and he takes no part in the election, he may, if he thinks fit, make the declaration respecting election expenses contained m the second part of the Second Schedule to this Act, and the election agent shall, so far as circum- stances admit, comply with the provisions of this Act with respect to expenses incurred on account of or in respect of the conduct or management of the election m like manner as if the candidate had been nominated or declared with his consent Digitized by Microsoft® 46 S 47 Vict. c. 51. 235 64. In this Act, unless the context otherwise requires — AppndX. The expression " election " means the election of a member — - or members to serve in Parliament : ^erpreta- The expression " polling agent " means an agent of the tion of candidate appointed to attend at a polling station in pur- terms, suance of the BaUot Act, 1872, or of the Acts therein g^ ^ jg ^^^ referred to or amending the same : c. 33. The expression " committee room " shall not include any house or room occupied by a candidate at an election as a dwelling, by reason only of the candidate there trans- acting business with his agents in relation to such elec- tion ; 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 " 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 rela- tion to such election : The expression " payment " includes any pecuniary or other reward ; and the expressions " pecTmiary reward " and " money " shall be deemed to include any office, place, or employment, and any valuable security or other equivalent for money, and any valuable consideration, and expressions referring to money shall be construed accordingly. * This Act is continued in force until the 31st day of December. 1886, by the Expiring laws Continuance Act, 1885. Digitized by Microsoft® 286 46 employed for payment, 105. acts of, bind the. candidate, 138. 139, 143, 145. ' Digitized by Microsoft^) Index. CANVASSERS— con JiKMcd. paid clerks, &c., not to be employed as, 105^ distinction between, and a messenger, 105. CASTING VOTE, when it may be given, 59. how to be given, 60. CERTIFICATE of return to be endorsed on the writ, 60. of indemnity does not entitle the recipient to vote, 130. of naturalization, effect of, on recipient's capacity to be elected, 93; entitles the recipient, to vote, 132. CHAPELS, nomination for boroughs not to be held in, 15. poll not to take place in, 26. schoolrooms adjoining, not to be used in Ireland as poll- ing station, 25. CHARITIES, subscribing to, may or may not be bribery, 160. CH A RGES of returning oflBcer. See " Security. " schedule of, in covmties, 71; in boroughs, 74. alphabetical list of, 78. CHRISTMAS DAY not reckoned under the Ballot Act, 13. reckoned under the Corrupt and Illegal Practices Act, 108. CHURCHES. See « Worship, Places of." CHURCHWARDENS cannot be appointed returning officers by sheriff, 4. returning officer appointed by sheriff cannot be appointed churchwarden, 4. CLAIMS. See also " Disputed Claims." against returning officer, notice respecting, 68, 76; time for making, 68; taxation of, 69. against candidate, time for making, 108; late claims cannot be paid, 108; time within which the return- ing officer must send in his claim, 108; time for making payment, 109; payment of a claim sent in late or after the time limited is an illegal practice, 108, 109; but election will not be set aside if the court are satisfied that the payment was made without candidate's sanction, 109. ■ ' Digitized by Microsoft® Index. CLERGY of the Established Church not eligible to Parliament, 93. of the Eoman Catholic Church not eligible to Par- liament, 93. agency of Roman Catholic, 150. undue influence on the part of, 181. CLERK OF THE CROWN, writs to be issued by, 9. retiirn to be forwarded to, 60. ballot papers to be forwarded to, 63. to enter the returns in a book, 62, may be ordered by the House to attend to explain when no return has been made, 62. rectifies any error in return, 62. list of reports and documents to be sent to, at close of election, 64. CLERKS of returning officer or his partner not to act as agents, 7. a sufficient number to be appointed to assist the presiding officer, 30. number which may be employed at each polling station, 80. presiding officer may delegate all his duties to, with exceptions, 35. must make declaration of secrecy, 32. have the power to administer the oath permitted by law, 37. fee to, 78; at county elections in England, 78 (to). appointed by election agent, number of, 114. if paid, may not vote, 127. appointed by returning officer not prohibited from voting, 127. CLUBS, not to be used as committee rooms, 195. COCKADES, payment for, illegal, 194. gift of, on day of election, illegal, 194. COLOURABLE EMPLOYMENT at an election, bribery, 163. COMMITTEE, definition of, 145. agency of, 145. Digitized by Microsoft® Index. COMMITTEE-ROOM, what the term includes, 189. hiring, in excesss of number allowed, an illegal practice, 189. premises not to be used as, 195. COMPARTMENTS. See " Secret Compartments." CONSTABLES to keep order at the polling stations, 31. voters cannot be compelled to serve as special, 31 . should make declaration of secrecy, 31. local, not prohibited from voting, 126. others prohibited, 126. CONSTABULARY OF IRELAND, Inspector-General, &c., of, not eligible to parliament, 87. members of, not to vote, 126. CONTRACTS for the public service, persons holding, not eligible to parliament, 87. which may be enforced against the candidate, 108. CONVEYANCE of voters, illegal practice to pay for, 187. hiring, &c., carriages, &c. for, illegal hiring, 193. voters may hire a carriage at their joint expense, 193. carriages may be lent for, if not hackney carriages, 194. carriages lent not liable to duty, 194. payment of travelling expenses may also be bribery, 160. across arm of sea, 233. CONVICT, ineligible to parliament, 89. incapable of voting, 131. CORRUPT PRACTICE, offences included in the term, 214. penalty on candidate personally guilty of, 167. election, when void for, 168. penalty on conviction for, 168. personation included in the term, 185. making false declaration respecting election expenses, 186. disabilities of persons guilty of, 169. relief from, when the conviction has been obtained through perjury, 131. summary prosecution before election court for, 168. persons guiltg^^^ggcjJ^^lg/i/fS® voting, 169. Iiuteiv. CORRUPT FRACTIGY,— continued. commission of, by candidate, does not cause votes given him to be thrown away, 94. person guilty of, at a School Board election prohibited from voting at a parliamentary election, 129. CORRUPT AGENT personally engaged by candidate avoids the election, 100; what is meant by personally engaging, 100; person engaged need not be paid, 100. CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, liability of returning officer for contravention of, 9; of presiding officers and clerks, 37. " CORRUPTLY," meaning of the term, 162, 163, 171. corrupt intention, how ascertained, 171. COUNTERFEITING the official mark, penalty for, 38. COUNTERFOIL of ballot paper to bear on its face the number of the ballot paper, 29. number of voter in the register to be marked on, 40. to be made up in packet at close of the poll, 53. COUNTERMAND of notice of the poll when a candidate dies before the opening of the poll, 23. COUNTING the votes, arrangements to be made for, as soon as practicable after the close of the poll, 54; notice to be given to agents of the time and place of, 34. need not be carried on within certain hours, 54. ballot papers in each ballot box to be counted, 55. the faces of the ballot papers to be kept upwards during counting, 55. who may be present at, 54. persons present must make the declaration of secrecy, 32. method of, 56. COUNTING AGENTS, notice of appointment of, must be given to returning officer, 34. notice must be given to, of the time and place of count- ing, 34. in case of death another may be appointed, 34. must make declaration of secrecy, 32. as to payment of, 105. Digitized by Microsoft® Index. COUNTING ASSISTANTS to be appointed by returning officer, 31. number which may be paid, 80. must make declaration of secrecy, 32. COUNTY, days for giving notice of election in, 11; for nomi- nation in, 12; polling day in, 13. notice of election to be sent to the postmaster of each polling district in, 12. notice of the candidates nominated and of polling day must be sent by telegraph to each postmaster in, 22 COUNTY COURT, judges ineligible to parliament, 83. returning officers' charges to be taxed in, 69. CREDITORS, saving for, 191. when claim barred, 108. may apply to High Court for payment of disputed claim, 109. CUSTOM, withdrawal of, 180. DEAF AND DUMB persons may vote, 133. DEATH of sheriff, England, 2; Ireland, 2; Scotland, 3. of returning officer appointed by sheriff, 5. of candidate between nomination and poll, 23. of election agent, 23; sub-agent, 33; counting agent, 34. DECISIONS, OF RETURNING OFFICER, on objection to nomination papers, 21. if disallowing objection, final, 21. if allowing, subject to reversal on petition, 21. on ballot papers, may be questioned on petition, 56. DECLARATION. See "Election Expenses." of secrecy, statutory form of, 32; who to make, 6, 32; effect of omission to make, 33; as to constables making, 31. of inability to read, how made, 42; and attested, 42; no fee to be charged in respect of, 42. of candidate elected when election is uncontested, 21; when contested, 60. DEFA(JING, ballot paper or official mark, penalty for, 38. Digitized by Microsoft® Index. DEFINITION of "bribery," 154, 166; "candidate," "com- mittee," 145; "personation," 47, 185; "treating," 171; "undue iniJiience," 77. DELEGATION. Returning officer cannot delegate his judicial functions, 56 ; unless in a divided county or borough, to a deputy, 56. Presiding officer may delegate his functions to clerks, 35; except ordering arrest, exclusion, or ejection of voter, 35. Agents may delegate their duties to others, 141. DENIZEN, meaning of the term, 93. ineligible to Parliament, 93. may vote, 132. DEPUTY returning officer may be appointed in divided counties, 6 ; in divided boroughs, 6; included in the term " re- turning officer, 5; cannot act as agent, 7. not to fix polling day in boroughs, 6. remuneration of, in Scotland, 82. the presiding officer has, as regards taking the poU, the power formerly belonging to deputy returning officer, 37. DEVICE. See " Fraudulent Device." DIEECTIONS FOE VOTEKS to be placarded outside every poUing station, 26; and in every compartment, 26. form of, 27. DISPUTED CLAIMS, what are, 109. claimant may bring action for, in competent court, 109. court may give leave for payment of, 109. may then be paid by candidate or his election agent, 110. where the ammmt only is in dispute, court may order taxation, 110. return of the sums paid by leave of court must be sent to returning officer, 112. DISQ U ALIFICATION, persons disqualified for election— holders of judicial offices, 83; returning officers, 84; revising barristers, 85; holders of offices of profit from the N Digitized by Microsoft® Index. DISQUALIFOATION— coniMmed. Crown, 85 ; police magistrates and officers, 87 ; government contractors, 87. Traitors, felons, outlaws, 89; persona guilty of corrupt practices, 90; of illegal practices, 91; bank- rupts, 91. Women, 91 ; infants, 92 ; lunaticsj. iciiots, 92 ; aliens, 92; denizens, 93; clergymen, 93; peers, 94. persons disqualified to vote — members of the various police forces, 125; persons employed for payment, 127, 188 ; persons guilty of a corrupt or illegal practice, 128; at school board election, 129^ traitors, felons, outlaws, 131 ; tioket-of-leave men, 131; aliens, 131; idiots, imbeciles, lunatics, 132; drunken per- sons, 132; infants, 132; peers, 133; women, 133. may be removed if obtained by means of perjury, 131. of solicitor retained though no actual payment proved, 128. questions of, not to be raised in polling station, 47. DISQUALIFIED " to be a candidate," meaning of term, 94. "to be elected," 94. persons not to vote, 47, 190 ; but objection not to be taken in polling station, 47. DISSENTING MINISTERS may sit in parliament, 93. DISTRICT BOROUGH, nomination day, how fixed for, 12 ; polling day, 13 ; one polling station at least to be provided for each contributory place, 24. returning officers' security and charges at election for, same as for counties, 67, 71. DIVIDED BOROUGH, deputy may be appointed in, 6. new question which may be put to voters in, 44 («.). persons employed for payment at an election in, cannot vote for any division, 189. poll to be taken in every division of, on same day, 13. DOGUM-ENTS, list of, to be sent to the clerk of the Crown, 64. DOUBLE RETURN, when to be made, 60. DUMB PERSON. See « Deaf and Dumb." Digitized by Microsoft® Index, ELECTION. See "Notice of Election," "Place op Elec- tion." can only be held in pursuance of a writ, 9. day of, how fixed, 12; in Orkney and Shetland, 13. proceedings, when uncontested, 21. adjournment of, for taking the poll when contested, 22. not to be held in church, chapel, or other place of re- ligious worship, 15. avoided by corrupt practices, 168 ; by illegal practices, 192. not to be (Questioned for certain informalities, 14. ELECTION AGENT must be appointed on or before day of nomination, 99. returning officer not to refuse to nominate because none appointed, 23. notice of name, address of, and situation of office to be given to and hy returning officer, 23, 99. must make declaration of secrecy, 32. candidate may name himself, 99. duties of, 101. one only to be appointed for each candidate, 99. on death, or revocation of appointment, another must be appointed, 99. persons disqualified to be, 100. to pay all election expenses, 101, 106. to appoint sub-agentSj polling agents, clerks; &c., 101. must not vote if paid, 188. payment of fee to, 108. guilty of an illegal practice in failing to make return of election expenses, 111. court may order, to make return, 113. guilty of illegal practice in making certain payments, 191. when his functions terminate, 151. N 2 Digitized By Microsoft® Jndex. ELECTION COURT may inquire into illegal practices, 192. person guilty of corrupt practices may be tried by, 168. penalties and disabilities attaching to persons reported guilty of corrupt practices by, 167, 169 ; of illegal practices, 192. ELECTION EXPENSES. See also "Disputed Claims," "Per- sonal Expenses," " Petition." to be paid by election agent, 101, 106. maximum amounts allowed for, table of, 116. all money provided for, must be paid to candidate or election agent, 106. payments of 40s. and upwards to be voucbed, 107. exceptions to payment of expenses through election agent: — tender of security to returning oflcer, 106; payments marie by returning officer, 106; small payments legally made by a person which are not repaid him, 106; payments made by order or leave of court, 107; authorized payments for stationery, &c., 107; personal expenses of candidate, 107. time within which claims for, must be sent to election agent, 108. time within which the returning officer must send in his claim, 108. time within which payment must be made by election agent, 109. disputed claims, how dealt with, 109. payment of claims sent in late or after the time limited illegal, 191. election agent must send to the returning officer a return of, accompanied by a declaration, 110; time for sendiog, 110; form of accounts, 119. form of declaration, 119; what expenses are to be in- cluded in, 110 (n); failure to make, an Ulegal practice. 111; modification of, when candidate his own election agent. 111. Digitized by Microsoft® Index. ELECTION EXPENSES— co?iJiTOte(J. declaration respecting, to he made by candidate, 118; time for making, 111; when absent from the United Kingdom, 111; when nominated without consent, and taking no part in election, 111, 123. if declaration not sent in within the time limited candi- date cannot sit, 111. making false declaration respecting, perjury and also a corrupt practice. 111. when return and declaration have not been transmitted within the time limited, or contain an error or false statement, the High Court may relieve, 112; grounds for granting relief, 112; court may allow, in a modi- fied form, 113. returning officer must publish abstract of return of, 70; charge for publication, 70; return and vouchers to be kept by retnxning _ officer for two years, 70; copies must be supplied on payment of fee, 70 ; may be destroyed after two years or returned, 71. EMPLOYMENT, procuring, if with a view to influence vote, biiber3', 163; or only colourable, 163. same principles apply to all kinds of, 163, 164. offer of, must be made out beyond all doubt, 164. after election, 167. illegal, 195. ENDORSEMENT on writ of day and hour of receipt, 11. on rejected ballot papers of the word "rejected," 57. on each packet of its contents, and of the election to which they relate, 64. EQUALITY OF VOTES, returning officer, if a registered elector, may give a casting vote, 59; or return all the candidates, 60. ERROR in notice of election, effect of, 13; when it avoids the election, 14. Digitized by Microsoft® Index. EEEOR — contwAJted. in return to the writ, how correoted, 61. in retiirn of election expenses, 112. EXPENSES. See « Election Expenses." EXHIBITION of bills, placards, &c., payment to elector for, illegal, 187. FALSE RETURN, penalty for making, 8. PALSE STATEMENT of withdrawal of candidate, 190. FjEIiON. See " Cqnviot." FLAGS, payments in respect of, illegal, 194. FORMER ELECTION, bribery at, may avoid a subsec[uent one, 161. FRAUDULENT DEVICE will avoid election, 183. must, to fall within the statute, be practised against specific persons, 184. FREEDOM, payment to enable voter to take up, not bribery, 159. GOOD FRIDAY not reckoned under the BaUot Act, 13. GENERAL bribery avoids election, 153 ; treating, 170 ; intimi- dation, 176. GIFTS, charitable, may or may not be bribes, 160. GRATUITY to returning offiqer for executing writ forbidden, 7, HACKNEY CARRIAGES, letting, lending, &c., illegal, 193. HAWICK BURGHS, returning officer for, 1. HOLY ORDERS. See « Clbr&y." person in, not to be appointed returning officer, 4. HOTEL, poll not to be taken at, without consent of candidates, 26. committee room not to be at, 195. Digitized by Microsoft® Index. HOUSE OF COMMONS may order returning officer to attend to explain irregularity in making return, 62. list of persons ineligible to, 95> list of holdffls of offices and others who may sit in, 97. IDENTIFICATION, mark on ballot paper which would lead to voter's identification renders paper invalid, 57. IDENTITY, questions which may be put to voter as to Ms, 44 (n); oath, 44 (n). IDIOTS, definition of, 132. not eligible to parliament, 92. may not vote, 132. ILLEGAL EMPLOYMENT, 195. ILLEGAL HIKING, 193, 195. ILLEGAL PAYMENT, 193. ILLEGAL PRACTICE, payment for conveyance of voters, 187. any person paying is guilty of the offence, 187. payment to elector for exhibiting biU, address, &c., 187. hiring committee rooms in excess of number allowed, 189. paying or incurring expenses in excess of maximum, 190. prohibited person who votes, is guilty of, 190. inciting a prohibited person to vote, 190. publishing false statement of withdrawal of candidate, 190. payment of barred claims without permission of the court, 191. providing money or making payment otherwise than through the election agent, 191. issuing placards, &c., not bearing name and address of printer and publisher, 191. failure to make return and declaration respecting elec- tion expenses, 191. Digitized by Microsoft® Index. ILLEGAL PRACTICE— cojiimwd. penalty for, 191. election court may inquire into, 192 ; may excuse, 196. disabilities of candidate personally guilty of, 192; by agents, 192. ILLITERATE VOTERS' ballot papers to be marked by pre- siding officer, 41. ILLNESS, wh-O to be returning officer wben sheriff in Ireland unable to act through, 2 ; in Scotland, 3. IMBECILES, as to their right to vote, 132. INABILITY TO READ. See « Declabation." INDEMNITY, certificate of, does not entitle the recipient to vote, 130. INFANTS, when persons cease to be, 92. not eligible to parliament, 92. may not vote, 132. should not be employed by returning officer, 5, 30. INFLICTION of damage, harm, or loss — undue influence, 177. INFLUENCE. See " Undue Influence." purchase of, bribery, 165. legitimate influence of the clergy, 181. legitimate influence of landlords, 182. INFORMATION, communication of, obtained in a polling station, prohibited, 32. no matter to whom, or with what object, 33. but there must be actual communication of, not merely the means of acquiring it, 33. INFRINGEMENT OF SECRECY. See " Seoeecy." INJURY, if on account of a person's vote, a corrupt practice, 179. INK, baUot paper may be marked with, if not peculiar, 58. INN. See "Hotel." INSTRUCTIONS to presiding officers and clerks, xxiii. INTENTION, corrupt, how ascertained, 171. Digitized by Microsoft® fndex, INTEEFERENCE IN ELECTIONS by soldiers, 126. by landlords, 182; by peers, 184; by lords lieutenant, 184. by ministers, 185; and persons in the employment of the Crown, 185. INTIMIDATION. See also « Undue Influence." general, avoids the election, 176. must prevent men of ordinary nerve voting, 177 ; and the violence must be directed against voters, 177. violence on the side of the defeated candidate, 177. definition of statutory, 177 ; alterations in, 178. slight intimidation by agent avoids the election, 178. by threats, 179; withdrawal of custom, 180. cases illustrating, 180. spiritual, 181. by landlords, 182. lEELAND. See also " Eetuhning Officer.'' town council or town commissioners to divide boroughs into polling districts, 24. poll not to be taken at in school adjacent to a place of worship or religious establishment in, 25. place of election for a division of a county in, 15 (w). ISLE OE WIGHT, returning officer for, 1 (n). JEW, presiding ofScer to mark ballot paper for, on Saturday, 41. JOINT CANDIDATES, what constitutes, 117. reduction of maximum expenses in case of, 117. JUDGES not to sit in the House of Commons, 83. LANDLOEDS, threats by, to turn tenants out of their houses, 181. legitimate influence of, 182. present at polling station as agents, 182. LAEGESSES to non-electors not bribery, 160. LAVISH EXPENDITURE not bribery, 160. n3 Digitized by Microsoft® Index. LICENSED PEEMISES. See "Hotel." LIST of voters to be supplied to each polling station by returning officer, 28. of votes marked by presiding officer, 42. of tendered votes, 42. of packets to be made iip at the close of the poll, 58. of documents to be sent to the clerk of the Crown, 64. of the returning officer's charges in alphabetical order, of persons ineligible to parliament, 95 ; of persons eligible, 97. LOCAL AUTHORITY to divide counties and boroughs into polling places, 24. to fix place of election in divisions of counties, 15. LONDON, returning officers for the city of, 1 (m). LORDS LIEUTENANT not to interfere in elections, 185. LOSS OF TIME, payments' in respect of, 156. LUNATIC not eligible to parliament, 92. as to capacity to vote, 132. MAGISTRATES of the metropolitan poKce not eligible to par- liament, 87. may not vote, 125. MALICE need not be alleged in an action against presiding officer or clerk for infringement of Ballot Act, 37. MARK. See " Official Mark." of distinction, providing illegal, 194. MAXIMUM scale of candidates' expenses, 116. illegal to pay money or incur expense in excess of any, 190. providing money to meet expenditure in excess of, 193. MAYOR to be returning officer for his borough at parliamentary elections, 3. where more than one within a parHamentajy borough, who to be returning officer, 3. who to be returning officer when mayor dead or absent, 3. may appoint deputy in divided borough, 6. may resign so as to be eligible as a candidate, 85. Digitized by Microsoft® Index. MEMBER of Parliament, no propertyqualificationnowreqnired, 4- persons qualified to be, exempted from serving as return- ing officer in certain boroughs, 4. list of persons wlio cannot be elected, 95 ; who may be, 97. cannot sit and vote, if return and declaration respecting election expenses not sent in proper time, 111. MESSENGEES, number of, ■which may be employed for pay- ment, 114. difference between, and canvassers, 105. may not vote if paid, 105. METROPOLITAN POLICE. See « Magistrates." Commissioners, receiver, and officers not eligible to par- liament, 87. members of, not entitled to vote, 125. MIDDLESEX, returning officer for, 1 (n). MILITIA, under-sheriff to act for sheriff when absent as officer of, 3. MILITIAMAN may vote, 126. MINISTERIAL ACTS may be delegated by returning officer, 5. MINISTERS of the Crown not to interfere in elections, 185. of the Church of Scotland ineligible to parliament, 93 ; dissenting ministers eligible, 93 . MINOR. See " Infant." MISCONDUCT in a poUing station, persons guilty of may be removed, 35. must have permission of presiding officer to be re- admitted, 35. person removed for, if charged with an offence may be kept in custody, 36. MISTAKES in notice of election, effect of, 13. in register of voters, how to be dealt with, 46. in use of forms in the second schedule to Ballot Act not to avoid election, 14. in return, how rectified, 62. Digitized by Microsoft® Index. MONEY, what is included in the term, 105. providing, to be expended in bribery, 154 given in repayment of money so expended, 154. provided for election expenses to be paid to candidate or his agent, 106. JIUNICIPAL boroughs, mayor to be returning officer in, 3. secret compartments, &c., belonging to, to be used at parliamentary elections, 27. MCTNICIPAL election, corrupt practice at, avoids parliamentary election when part of the same political contest, 159. corrupt practice at, renders the party incapable of sitting in parliament, 190. MUSIC, payment for bands illegal, 194. NAMES of candidates to be published after nomination, 19. of those only properly nominated to be inserted in baUot papers, 20. order of in ballot papers, 29. of persons elected to be returned to the Clerk of Crown, 21, 60. of agents to be sent to the returning officer, 23 ; sub- agents, 33 ; polling and counting agents, 34. NATURALIZED PERSON. See "Aliens." NOMINAL services, payment for bribery, 163. NOMINATION (election), notice of, 11 ; time for giving, 11 ; form of, 11. day and hour for holding, 12. place of, in counties, 14 ; in Scotland, 14 ; in division of a county in England, 14 ; in Ireland, 15 (w) ; in boroughs, 15. not to be held in a place of worship, 15. must be in writing, 17. who entitled to be present at, 18. fresh, not necessary when notice of poll countermanded, 23. Digitized by Microsoft® Index. NOMINATION papers to be provided by returning officer, 15 ; time for supplying, 15. form of, 16 ; use of form supplied by returning officer not obligatory, 16. separate paper necessary for each candidate, 17 ; wbo may subscribe, 17 ; number which may be sub- scribed by same person, 17 ; who may deliver, 17. description of candidate in, 18 ; objection to sufficiency of, when to be taken, 1 8. objections to be decided by returning officer, 21 ; if dis- allowing objection, decision final, 21 ; if allowing, siibject to reversal on petition, 21. offences relating to, 18. forgery of, 18. same person nominated more than once, 19. NOTICE of disqualification, effect of, on vote, 94. of election, when to be given, 11 ; form of, 11 ; signature may be printed, 12 (to) ; to be sent to postmasters in county elections, 12 ; error in, 13 ; if candidate nominated, 19 ; of withdrawal of candidates, 20. NOTICE of poll, how and when to be given, 11 ; to be counter- manded in case of death of a candidate, 23. of adjournment of poll in case of riot, 36. of names and addresses of election agents, 23 ; sub- agents, 33. to agent to attend the counting of votes, 34 ; how sent, 34. of thie situation of the polling stations, and of persons entitled to vote thereat, 26. of result of election, 63. respecting claims against the returning officer, 76. NOTICES, preparation and publication allowance to returning officer for, 81. NUMBER of voter in register to be entered on the counterfoil of the ballot paper given to him, 40. of candidates for which voter may vote to be stated on « form of direction," 27. Digitized by Microsoft® Index. NUMBER — continued. of votes given for each candidate to be stated on public notice of the result of election, 63. NUNNERY, school in connection with, in Ireland, not to be used as polling station, 25. OATH which may be administered to persons applying for ballot paper, 44 (n). no other permitted, 45. must be in very words of statute, 45. cannot be administered after voter has received a, paper, 45. must be administered at request of agent, 43. when voter does not understand English, how adminis- tered, 45. OBJECTIONS to nomination papers to be decided by retuming officer, 21; to ballot papers, 56. decision of returning officer may be questioned, 21, 57. OFFENCES AT ELECTIONS. See "Beibery," "Teeatins,". " Undue Infltjbncb," " Personation," " Fai,se Declaration respecting Election Expenses," " Illegal Practices," " Illegal Payment," " Em- ployment AND Hiring." under the Ballot Act, 18, 38; attempts to commit, 18,37. persons ineligible to parliament on account of, 90. persons not entitled to vote on account of, 128. OFFICERS. See "Returning Officers," Presiding Officers." appointed by returning officer must not have been employed by any other person about election, 30. in the army, volunteers, or yeomanry eligible to parUa- ment, 86. in any court having jurisdiction in bankruptcy, ineli- gible, 83. OFFICES which render holder ineligible to parliament, 85. which do not render the holder ineligible to par- liament, 86. Digitized by Microsoft® Index, OFFIC^B— continued. which render the holder incapable of voting, 125. gift, or procurement, &c., of bribery, 154; emolument not necessary to make the gift, &c., of bribery, 163. OFFICES OF ELECTION AGENTS AND SUB-AGENTS, notice respecting the situation of, to be given to. returning officer, 102. situation of, in a divided county, 103. OFFICIAL MARK, instruments for stamping, to be proyided by returning officer, 28. to be kept secret, 28; and not to be used again -within seven years, 28. penalty for counterfeiting or defacing, 38. recommendation as to mo(Je of marking the papers- with, 40. liability of presiding officer for loss of election through failure to stamp, 40. to be shown to presiding officer before ballot paper is- placed in the box, 41. OPENING OF THE POLL, time for, 39. effect of delay in, 39. ORDER, presiding officer to preserve, at polling stations, 35. constables to be provided to assist in preserving, 31. ORKNEY AND SHETLAND, notice of election in, 13. day of election in, how fixed, 13. as to closing the poll in, 51. OUTLAW ineligible to parHaraent, 90. cannot vote, 131. OVERSEER cannot be appointed returning officer in certain boroughs, 4. returning officer cannot be appointed, 4. PACKETS to be made up at close of the poll, 53. to be delivered to the returning officer, 54. PARTNERS of returning officer not to act as agent, 7. of agent not necessarily an agent, 141. subscribers to funds of a political association not, 150. Digitized by Microsoft® Index. PAYMENT of personal expenses of candidate by himself, 107. of election agent's fee, 108. persons employed for,, not to vote, 128. of old claims, when bribery, 158. of rates, when bribery, 158. of registration fee in Scotch universities, ] 59. to enable voter to take up his freedom, 159. to elector for exhibition of bill, notice, &c., 187. of claims sent in after the time limited, or making after the time limited an illegal practice, 109, 191. to induce candidate to withdraw, 194. meaning of the term, 105. in respect of election expenses, to be made by election agent, 106. of 40s. and upwards to be supported by vouchers, 107. illegal payments by election agent, without consent or connivance of candidate, not to avoid election, 109. " PECUNIARY REWARD," what is included in the term, 105. PEERS, except Irish, not eligijble to the House of Commons, 94, not to interfere in elections, 133, 182. PENALTIES imposed on returning of6cer for negligence, 7 ; false return, 8; under the BaUot Act, 8; under the Corrupt and Illegal Practices Prevention Act, 9; for forging, defacing, or destroying a nomination paper, 18. imposed on presiding officer and clerks for wilful act or misfeasance contrary to the Ballot or Corrupt and lUegal Practices Prevention Acts, 37. for offences relating to ballot papers, 38. for infringemenl; of secrecy, 38. for personation, 50, 168. for other corrupt practices, 168. for false declaration respecting election expenses, 186. for illegal practices, 191. for illegal payment, employment, and hiring, 196. PENCIL to be provided in each compartment for marking baUot paper, 28. Digitized by Microsoft® Index. 'P'E'SCIL— continued. marking ballot paper witli ink instead of, does not render the vote void, 58. PENSION, during pleasure, or for a term of years, renders tolder ineligible to parliament, 85 ; but not Civil Service or Diplomatic, 86. PERJURY, disqualification lor corrupt practices procured by, may be removed, 131. false declaration respecting election expenses is, 186. PERSONAL expenses not exceeding \QOl. may be paid by candi- date bimself, 107. meaning of the expression, 107. excess over 100?. to be paid by election agent, 107. " PERSONALLY engaging " a corrupt agent, meaning of the expression, 107. PERSONALLY guilty of a coiTupt practice, penalty on candi- date, 167. of an illegal practice, penalty on candidate, 192. of illegal payment, employment, or hiring, 196. PERSONATION, definition of, 185. a felony, 50, 168 ; a crime and offence in Scotland, 50 ; a corrupt practice, 186. the offence of, complete when ballot paper has been applied for, 47. prosecution for, may be instituted by returning officer, 50 ; expenses of, how paid, 50. punishment of persons guilty of, 168. voter guilty of, to be given in charge, 48 ; and brought before justices, 48. person wrongfuUy accused of, entitled to compensation, 49. provisions of Registration Acts as to, to apply to persona- tion under the Ballot Act, 49. provisions of the Ballot Act as to, to apply to univer- sities, 51; to be construed with the Parliamentary Elections Act, 1868, 51. payment to induce, 186. person voting who believes he has a right to, not guilty of, 186. Digitized by Microsoft® Index. PERSONATION AGENT. S^e « Polling Agent." PETITION, election, who may present, 198. time for presenting, 198. ■when it alleges an illegal practice, 199. time within which it may be amended, 199. PLACARDS, pnbUc notice may be given by means of, 15. must bear the name and address of printer and publidier, 15,191. PLACE of election in counties, 14 ; in Scotland, 14 ; in division of counties, 14 ; in division of counties in Ireland, 15 {n). in boroughs, 15. PLACE of WORSHIP. See « Worship, Place of." POLICE, magistrates, commissioners, &c., of, not eligible to par- liament, 87. may not vote, 125, 126. POLITICAL ASSOCIATIONS. See « Associations." POLL, notice of day of, to be given in notice of election, 11 ; day of, how fixed, 13. to be in every division of a borough on the same day, 13. adjournment of election for taking, 22 ; public notice o^ 22 ; may be countermanded in case of death of a candidate, 23 ; opening of, 39 ; effect of delay in opening, 39. not to be taken in a place of worship, 26 ; nor, in Ire- land, in a school- room attached to a religious estab- lishment, 25 ; nor in an inn, hotel, or on licensed premises without consent of the candidates, 26. certain school-rooms may be used for taking, 25 ; or room supported out of local rates, 25 ; a courthouse is to be used in Ireland when one is available, 25 ; a room is to be hired if practicable instead of erect- ing booth, 25 ; use of room in unoccupied house does not render any person liable to rates, 25. formerly might be closed by proclamation, 51. once closed cannot be re-opened, 40. Digitized by Microsoft® Index. POLL — continued. to te adjourned in case of riot, 36. ■eflfect of irregular closing of, 53. filosing of in Orkney and Shetland, 51. POLLING agent, notice of the name and address of, to he given to retumiing offlcer, 34. appointment of in Scotland, 34. may request the presiding officer to put the question as to identity, 43. if paid, must be appointed by election agent or sub- agent, 103. number .which may be appointed for payment, 103 ; duties of, 103. on statement of, presiding officer may order person accused of perjury into custody, 104. must make declaration of secrecy, 32, 104. misconduct of, does not avoid the election, 104. cannot vote if paid, 127. landlords acting as, imprudent, 182. POLLING DISTE,ICT,localauthority to divide constituencies into, 24 ; ia Scotland, the sheriff, 24 ; in Irish boroughs, the town council or commissioners, 24. election not to be questioned for any informality relative to, 24. POLLING PLACE not to be more than three miles from voter's residence in counties, 24 ; nor more than one mile in boroughs, 24. to contain sufficient number of polling stations, 24. POLLING STATIONS, sufficient number to be provided by the returning officer at each polling place, 24. to be distributed as the returning officers think most convenient, 24. must be one at least for each, contributory place of a district borough, 24. effect of alloting an excessive number of voters to, 25. may use certain school-rooms free for, 25; but in Ireland not those adjoining a religious establishment, 25. Digitized by Microsoft® Index. POLLING STATIONS— coTCimue^i. room supported out of local rates may be used free for, 25. room is to be bired for in preference to erecting booths, 25. use of room in unoccupied hotise not to render it liable to rates, 25. in Ireland court-house to be used wben one available, 25. not to be on licensed premises without consent of candi- dates, 26 ; nor in places of worship, 26. notice of situation of, to be given, 26. two days' notice of, to be given in boroughs, 26. person can only vote at the station allotted to him, 26. directions for the guidance of voters to be placarded out- side every, 26. to contain a secret compartment for every 150 electors, 27. to be provided with materials for voting, 28. removal from, of persons misconducting themselves in, 35. confusion at, 40. POSTMASTER, duties of, in forwarding writs, 11. in publishing notice of election in counties, 12. in forwarding writ and return to Clerk of the Grown, 60; and ballot papers, 63. PREMISES not to used as committee rooms — licensed premises, 195 ; clubs, 195 ; refreshment rooms, 195 ; elemen- tary schools, 195. persons letting, or person hiring, guUty of Ulegal hiring, 196. exception, 196. PRESIDING OFFICERS and CLERKS, instructions to, xxiii. appointment of, 30. should not be minors, 30. of county elections in Ireland need uot be freeholders, 30. returning officer himself may act as, 30. not to act as agent of a candidate, 30. must make declaration of secrecy, 32. Digitized by Microsoft® liuU:i-. PRESIDING OFFICERS and ChERKS-continued. to keep order at his station, and regulate the admission of voters, 35. may act by clerks except in ordering the arrest, or the exclusion of voter from polling station, 25. to remove persons misconducting themselves from th& polling station, 35 ; but not so as to prevent any person entitled from voting, 36. to adjourn poll in case of riot, 36. may suspend issue of ballot papers during confusion in polling station, 40. have, as regards the poll, the powers of a deputy returning officer, 37. liability of, for infringement of the Ballot Act, 37 ; of the Corrupt and Illegal Practices, &c.. Act, 37. prvmA facie liable for infringement of Ballot Act, 37 -, but he is not responsible for the clerks, 37. liable for omitting to stamp ballot papers "with official mark, 40. to show ballot box empty at beginning of poll, 39. to lock and seal the box, 39. to see the official mark on the back of ballot papers as they are being placed in the box, 41. to mark ballot paper for illiterates, blind persons, and Jews on Saturday, and keep list of papers so marked, 41. to attest declaration of inability to read, 42. to put questions and administer oath to voters when required to do so, 37, 43. to enter name and register number of tendered voters, 42. to give in charge voter guilty of personation, 48. to seal up ballot boxes and packets at close of poU, 53. to make up ballot paper account, 53. to deliver ballot boxes, &c., to returning officer, 53. may vote, 127. PRINTER, the name and address of, to be on election placards, 15, 191. Digitized by Microsoft® iTidex. PRISON, payments to obtain voters release from bribery, 157. PROCLAMATION includes public notice under the Ballot Act, 15. formerly the poll might be closed by, 51. PROFESSIONAL and other assistance to returning officer, maximum charge for, 81. PROHIBITED persons not to vote, 124. penalty on, for voting, 125, 190. inducing to vote, 125. PROMISE of money, &c., to vote, &c., bribery, 154, 155. PROPERTY qualification no longer required for member, 4. PROPOSER must be a registered elector, 17. may attend the nomination, 18 ; and deliver nomination paper to returning officer, 17. may withdraw absent candidate, 20. in Scotland liable for the returning officer's charges, 66. not necessarily an agent, 100. " PROTESTED against for personation," 48. PROVIDING money by persons other than the candidate, 106, 191. for bribery, 165. for a corrupt or illegal practice, 193. PUBLIC PAST not reckoned ixnder the Ballot Act, 13. reckoned under the Corrupt and Illegal Practices, &c.. Act, 70 (w), 138. PUBLIC HOUSE. See " Hotel." " scores " should not be kept at, 174 PUBLIC NOTICE, how given, 1.5. included in the term proclamation, 15. of withdrawal of candidate, 20. of day of poU, 22. of result of election, 62. PUBLICATION of election expenses of candidates, 70; returning officers charge for, 70, 73, 75. need not be sent in with his other claims, 69. PUBLISHER'S name and address to be on aU election plaetffdaj 15, 191. Digitized by Microsoft® Index. PUBLISHING summary of return of election expenses, 70. false statement of withdrawal of candidate, 190. QUESTIONS which are permitted to be put to persons applying for ballot paper, 43, 44 (n.) ; in divided boroughs, 44 (».); can only be put at the time of applying for a ballot paper, 45 . presiding officer to put, only if desired to do so by polling agent, 44 (ra.) must be put in very words of the statute, 45. giving false answer to, a misdemeanor, 44 (w). direct and positive answer should be given, 45. person who answers satisfactorily though falsely entitled to a ballot paper, 46, 48. when voter gives a qualified answer to, 46. when voter at first refuses to answer, but subsequently wishes to do so, he ought to be allowed, 46. RATES, corrupt payment of, bribery, 158. meaning of corrupt payment of, 158. person whose rates have been paid also guilty of bribery, 158. candidate must have given his authority to pay, 159. room supported out of local, may be used free as polling station, 25. RECEIPT, returning officer to give postmaster delivering the writ a receipt for same, 11. date of receipt to be endorsed on writ, 11. to be taken from postmaster for writ and return when delivered to him for transmission to clerk of Crown, 60; for haUot papers and other documents sent to clerk of the Crown, 63.- RECORDERS not eligible for boroughs in which they hold office, 83. RE-ENFRANCHISEMENT of persons in certain boroughs, 129. Digitized by Microsoft® Index. EEFOEM ACT, returning" officers in certain boroughs created by, 4. liability of returning officer for contravention of, 8. REFEESHMENTS. See " Treating." to committees and others engaged in carrying on elec- tion, 173. imprudent for candidate to supply, 174. suppljdng at time of registration, 174. prohibition against supplying on nomination and polling day repealed, 175. committee-room not to be on premises where sold, 195. REFUSAL to answer questions as to identity, &c., 46. REGISTER OF VOTEES, copy of, to be" supplied to polling stations, 28. to be sent to returning officer, 28. correction of, in accordance with judgment on appeal, 28. .conclusion as to right to vote, 43, 124. mistakes in, 46. only persons whose names are included in, entitled to vote, 124. persons whose names are entered in, entitled to vote, although they might have been successfully objected to at revision, 124. number of voter in, to be marked on the counterfoil of his ballot paper, 40. mark to be placed in, against number of voter receiving a ballot paper, 40. marked copy of, to be sealed up in packet at close of the poll, 53. REGISTRATION, payment of fee for, in Scotch universities, bribery, 159. refreshment at the time of, 174. REGISTRATION ACT, 1843 (6 Vict. c. 18), Uability of return- ing officer for contravention of, 8. REGISTRATION ASSOCIATION, subscribing to the fuuds of, does not make the subscribers partners, 150. Digitized by Microsoft® Index. REJECTION OF BALLOT PAPERS, decision of the returning officer may be reversed on petition, 56. invalid papers to be endorsed "rejected," 57. returning officer to report to the clerk of the Crown the number of papers rejected, 57. grounds of: — want of official mark, 57; voting for more candidates than entitled to, 57 ; writing or mark by which voter can be identified, 57 ; void for uncer- tainty, 59. opinion of select committee as to, 59. RESIDENCE, returning officer appointed by sheriff need no longer have one in borough, 4. RESIGNATION of Scotch sheriffs, 3. of English and Irish sheriffs, 84 ; mayors, 85. of returning officer appointed by the sheriff inopera- tive, 5. RETAINER, acceptance of, by solicitor disqualifies him from voting, 128. RETURN TO WRIT of returning officer de facto valid, 5. when to be made in uncontested elections, 21; in con- tested, 60. to be by certificate, 60. mode of transmission to clerk of the Crown, 60. double, when to be made, 60 ; how, 61 ; special, 61 ; false, 61. liability of returning officer for negligence in making, 7; for false, 8. proceedings when none made, 62. can only be altered by order of the House, 61. clerk of the Crown to make the alteration, 62. clerk of the Crown to «nter return in a book, 62; penalty for failure to do so, 62. RETURN AND DECLARATION RESPECTING ELECTION EXPENSES. See " Election Expenses." RETURNING OFFICER. Cheonological Summary of Duties, xix. o Digitized by Microsoft® iTldex. EEFORM ACT, returning' officers in certain boroughs created liability of returning officer for contravention of, 8. REFRESHMENTS. See " Treating." to committees and others engaged in carrying on elec- tion, 173. imprudent for candidate to supply, 174. supplying at time of registration, 174. prohibition against supplying on nomination and polling day repealed, 175. committee-room not to be on premises where sold, 195. REFUSAL to answer questions as to identity, &c., 46. REGISTER OF VOTERS, copy of, to be" suppUed to polling stations, 28. to be sent to returning officer, 28. correction of, in accordance with judgment on appeal, 28. .conclusion as to right to vote, 43, 124. mistakes in, 46. only persons whose names are included in, entitled to vote, 124. persons whose names are entered in, entitled to vote, although they might have been successfully objected to at revision, 124. number of voter in, to be marked on the counterfoil of his ballot paper, 40. mark to be placed in, against member of voter receiving a ballot paper, 40. marked copy of, to be sealed up in packet at close of the poll, 53. REGISTRATION, payment of fee for, in Scotch universities, bribery, 159. refreshment at the time of, 174. REGISTRATION ACT, 1^43 (6 Vict. c. 18), liabiUty of return- ing officer for contravention of, 8. REGISTRATION ASSOCIATION, subscribing to the funds of, does not make the subscribers partners, 150. Digitized by Microsoft® Index. REJECTION OF BALLOT PAPERS, decision of the returning officer may be reversed on petition, 56. invalid papers to he endorsed "rejected," 57. returning officer to report to the clerk of the Crown the number of papers rejected, 57. grounds of : — want of official mark, 57 ; voting for more candidates than entitled to, 57 ; writing or mark by which voter can be identified, 57 ; void for uncer- tainty, 59. opinion of select committee as to, 59. RESIDENCE, returning officer appointed by sheriff need no longer have one in borough, 4. RESIGNATION of Scotch sheriffs, 3. of English and Irish sheriflFs, 84 ; mayors, 85. of returning officer appointed by the sheriff inopera- tive, 5. RETAINER, acceptance of, by solicitor disqualifies him from voting, 128. RETURN TO WRIT of returning officer de facto valid, 5. when to be made in uncontested elections, 21; in con- tested, 60. to be by certificate, 60. mode of transmission to clerk of the Crown, 60. double, when to be made, 60 ; how, 61 ; special, 61 ; false, 61. liability of returning officer for negligence in making, 7; for false, 8. proceedings when none made, 62. can only be altered by order of the House, 61. clerk of the Crown to make the alteration, 62. clerk of the Crown to enter return in a book, 62; penalty for failure to do so, 62. RETURN AND DECLARATION RESPECTING ELECTION EXPENSES. See " Election Expenses." RETURNING OFFICER. Chronological Summary op Duties, xix. o Digitized by Microsoft® Index. RETURNING OFFICER— COTvimwrf-. who are, in counties, 1; in Scotch bvughs, 1; Hawick burghs, 1; London and Middlesex, 1 (ji); Isle of Wight, 1 in); in Irish boroughs which have no mayor, 2; in parliamentary boroughs which are municipal, 3; in parliamentary boroughs where more mayors than one, 3; in certain boroughs created by the Reform Act, 4; in Birkenhead, 4; in certain boroughs created by the Representation of the People Act, 1867, and Redistribution of Seats Act, 1885, 5 ; in boroughs formerly included in Westminster, 4 (n). persons appointed by the sheriff must serve, 4; but can- not be compelled to serve a second time, 4; need not now be resident, 4; cannot resign during the year, 3; neither persons in holy orders, nor church- wardens, nor overseer are eligible, 4. person qualified to be elected member of parliament not compellable to serve, 4. cannot be appointed churchwarden or overseers dming term of office, 4. in case of death or incapacity of sheriff must appoint another, 5. change of, when parliamentary borough becomes also municipal, 5. the term includes under-sheriff and deputy, 5. effect of minority of, 5. may not vote, 6, 126; but may, if a registered elector, give a casting vote, 6, 59. change of, during the election proceedings, 7. not eligible for the place for which he holds office, 6. not to act as agent for candidate, 7. may not receive fees, 7. duties of, under the Ballot Act are partly ministerial and partly judicial, 5; the latter should be perfonnedby the sheriff himself, 5. Digitized by Microsoft® Index. RETURNING OFFICER— co»i«m«ci. penalty attaching to, for contravention of Reform Act, &c., 8. must make declaration of secrecy, 6, 32. property in ballot boxes, &c., to be in, 38. expenses of, by whom to be paid, 65; security for, how given, 66; schedule of maximum amount of, 67; time for sending in claims against returning oflicer 68; notice respecting, to be added to notice of elec- tion, 76; claims against candidate to be sent to election agent, 68; not entitled to charges not duly included in, 65. schedule of maximum amount of charges in counties, 71; in boroughs, 74; alphabetical list of, 78. REVISING BARRISTER ineHgible for the county, &c., which he revises, 85. REVOCATION of election agent's authority, 99. of sub-agents, 102. RIBBONS, purchase ot; illegal, 194. providing, illegal, 194. RIOT, adjournment of the poll in case of, 36. avoids election if freedom of voting interfered with, 176, 177. ROMAN CATHOLIC CLERGY not eligible to parliament, 93. agency of, 150. undue influence by, 181. ROOM in school receiving grant from parliament to be used free as a polling station, 25; also supported out of local rate, 25. to be hired whenever practicable, and booth not to be erected for takiag the poU, 25. " SANDWICH-MAN," illegal to employ voter as, 188. SCHOOL receiving government grant may be used free for taking the poll, 25. Digitized by Microsoft® Index. SCHOOL — continued. in Ireland not to be used if adjacent to a place of wor- ship or religious estabUshment, 25. damage done to, to be made good, 25. room in elementary, not to be used as a committee room, 195. SCHOOL BOARD, corrupt practice at election for, disqualifies voter from voting at parliamentary elections, 129. SCOTCH MINISTER not eUgible to parUament, 93. SCOTLAND, returning officer in counties and burghs, 1, personation a crime and offence in, 50. procedure against person accused of personation in, 50. election expenses, how paid, 65. secretary for, may sit in parliament, 98. SEA, candidate may pay the cost of conveying voters across arm of, 233. SEAL of presiding officer to be placed on ballot box at the com- mencement of the poU, 39; and on the ballot box and packets at end, 53; also of the agents, 53. of returning officer and agents, ballot papers to be placed under, if the counting is interrupted, 55. SECRECY. See " Declaration of Secrecy." duty of presiding officer to maintain, 32. liability for violation of, 33. to obtain a conviction for violation of, the information must actually have been communicated, 33. provision for preserving, at counting the votes, 55. SECRET COMPARTMENTS, returning officer to furnish polling stations with, 27. one must be provided for every 150 electors, 27. directions for guidance of voters to be placarded in, 27. municipal, may be used at parliamentary elections, 29. SECURITY to be given to the returning officer for his charges, 66. if not given within one hour after close of election, can- didate to be deemed withdrawn, 22, 66. Digitized by Microsoft® Index, SECURITY— co»«imt«d. how it may be given, 66. maximum amount of security in contested election, 67; in uncontested, 67. may be given by any person, 67, 106. balance of, to be returned to person making deposit, 67. SICKNESS OF SHERIFF in Ireland, who to be returning officer, 2. in Scotland, who to be returning officer, 3. SIGNATURE to public notice may be printed, 12 (n). of subscribers to nomination papers, 19. SHERIFF to be returning officer in counties, 1; in Scotch burghs, 1; in Irish boroughs where no mayor, 2. may appoint deputy, if returning oflcer for more than one constituency, 6. to act as returning officer for boroughs when there is no returning officer, 2. to appoint returning officers in certain boroughs, 4, 5. effect of death of, after the issue of the writ, 2; of going out of office, 7. on resignation of, in Scotland, who to act, 3; or sickness or unavoidable absence, 3. under sheriff to act for, when absent as an officer of embodied militia, 3. not eligible for county in which he is returning officer, 6,84. must send postal address of office to the Postmaster- General or to the messenger of the great seal in the metropolitan district, 11. SHERIFF CLERK in Scotland to be custodian of the ballot papers, &c., 65. SHERIFF SUBSTITUTE may act for sheriflf, 3. not eligible to Parliament, 84. SHETLAND. See " Orkney and Shetland." SOLDIERS may vote, 126; but not otherwise to interfere in elections, 126. o2 Digitized by Microsoft® index, SOLICITOR who accepted a retainer at election not entitled to vote, 128. SPECIAL RETURN, when to he made, 61. SPOILT BALLOT PAPERS to he exchanged by presiding officer, 41; and cancelled, 41. to be made up in a packet at close of poll with the unused papers, 53. to be forwarded to the clerk of the Crown, 64. STAMPING, instruments for, to be supplied by returning officer, 28. ballot papers, how to be done, 40. STATEMENT of candidate's personal expenses to be sent to his election agent, 108. false, of withdrawal of candidate, 190. STATIONERY and telegrams, how to be paid for, 107. SUB- AGENTS, appointment of, 101 ; not revoked by death or revocation of the election agent, 102. notice to returning officer respecting appointment and office, 33. death or revocation of appointment, 33, 102. only employed at county elections, 101. authority confined to the district for which appointed, 102. may not vote if paid, 105. liability of candidate for acts of, 102. SUBSCRIBERS to the funds of a political association not partners, 150. SUMMARY trial before election court for corrupt practice, 168. of return of election to be published by returning officer, 70. SUNDAY to be excluded in reckoning time under the Ballot Act, 13. not to be excluded in reckoning time under the Corrupt, &c., Act, 108. Digitized by Microsoft® Index. TAXATION of returning officer's claim against the candidate, 69. of claims against the returning officer, 69. courts having power to tax, 69. of disputed claims against the candidate, 110. TENDERED BALLOT PAPER to be of a diiferent colour to the other papers, 42. when to be given to voter, 42. not to be placed in the ballot box, 42. how to be dealt with by presiding officer, 42. not to be counted, 42. TENDERED VOTES LIST to be made by presiding officer, 42. TEST BALLOT, bribery at avoiding the election, 165. THREATS. See " Undue Inplobnob." must be operative at the time of the election, 179. have the same effect on election as actual violence, 179. TICKET-OF-LEAVE MEN cannot vote, 131. TIME, table showing time within which various steps must be taken, xxxv. how reckoned under the Ballot Act, 13. reckoned according to Greenwich mean time for places in Great Britain, 52 ; and DubUn mean time for Ireland, 52. TORCHES, pajTuent for illegal, 194. TOWN CLERK and DEPUTY TOWN CLERK, in Scotland not eligible for the town in which they hold office, 84. cannot vote, 127. TRANSMISSION of writ to the returning officer, 10. of writ and return to Clerk of the Crown, 60. of ballot papers, 63, 64. TRAVELLING EXPENSES of returning officer, 71 ; presiding officers and clerks, 73 ; payment of voters, when bribery, 160 ; now illegal, 160, 187 ; of voters cross- ing arm of the sea may be paid, 233. Digitized by Microsoft® Index. TREASON, person guilty of, not eligible to parliament, 89 ; cannot vote, 131. TREATING, at common law, 170. statutory definition of, 170, 171. must be done with corrupt intention, 171. before the election, 171. where the treating has been a long time before the elec- tion, 171. giving an entertainment after an election not, 172 ; unless connected with some promise before the election. 172i small ness of the quantity of meat, &c., given immaterial, 172. imprudence of candidate having " score " at public- house, 174. of non-electors with a view to influence electors avoids election, 173. must be with a view to induce voters to vote or refrain from voting, 173. refreshments to committee-men and others engaged in carrying on the election not, 173. refreshments at time of registration may not be, 174. candidate providing drink at non-political meeting not, 174 ; otherwise at political meeting, 174. elector corruptly accepting meat, &c., guilty of, 176. refreshments on nomination and polling day, provisions respecting repealed, 175. election void on account of, 168. tabular statement relating to, 204. UNCONTESTED ELECTION, proceedings at, 21. amount of security to be given to returning oflicer at, 67. UNDER-SHERIFF, duties of, on death of sheriff, 1; when sheriff absent as officer of embodied militia, 3, 6. Digitized by Microsoft® Index. UNDEK-SHERIFF— coMtmwed when acting for the sheriff included in the term return- ing officer, 6 ; and may not then vote, 127. may perform the ministerial duties connected with the election, 5. may not decide objections to ballot papers when shuriff present, 5. not to take fees, 7. UNDUE INFLUENCE. See also " Intimidation." intimidation avoids election at common law, 176, must be directed against voters, 177. statutory definition of, 177 ; alterations in, 178. .slight violence, if traced to agent, wUl avoid election, 178. threats have the same effect as actual violence, 179. must be operative at the time of the election, 179. injury, &o., need not be wrongful to be, 179. withdrawal of custom, 180. cases illustrating, 180, 181. spiritual intimidation, 181. landlord influence, 182 ; landlords acting as polling agents, 182. abduction, 183. obtaining votes by fraudulent devices, 183. under the statute miist be practised against ascertained persons, 184. vote of person intimidated, struck off on a scrutiny, wUl be added to the candidate for whom he intended to vote, 184. by peers and lords lieutenant, 184 ; by mmisters and servants of the crown, 185. relief in certain cases from the consecLuences of, 197. penalties, &c., for, 168. tabular statement relating to, 206. Digitized by Microsoft® Index. UNIVERSITIES, provision of Ballot Act as to personation to apply to elections at, 51. the payment of registration fees in Scotch, bribery, 159. UNUSED BALLOT PAPERS to be made up in packet at close ofpoU, 53. "VALUABLE CONSIDERATION," meaning of, in Corrupt Practices Act, 156 ; in the Corrupt and Illegal Practices Prevention Act, 235. VOTE, only persons on the register entitled to, 43. VOTER, directions for guidance of, 26, 27. may vote only at the station allotted to him, 26. cannot be compelled to serve as special constable, 31. interference with, at time of voting, prohibited, 32. obstruction of, coming to the poll in Ireland, 36. questions which may be put to, 44 (?i) ; oath which may be administered, 44 («). voting more than once at same election guilty af per- sonation, 47. VOTES. See " CoxjNTiNa the Votes," "Rejection op Ballot Papees." list of marked, by presiding officer, 42. thrown away, 94 ; effect of notice as to incapacity of candidate, 94. VOTING, officers, clerks, and agents at polling station to preserve secrecy of, 32. VOUCHERS relating to returning officer's account not to be sent to agents, 68 ; but notice to be given where they may be inspected, 68. must be obtained by election agent for all payments of 40s. and upwards, 107. to be sent to returning officers by election agents with return, 110. Digitized by Microsoft® Index. WAGER, when bribery, 167. "WAGES, payment of, sometimes bribery, 156. time may be allowed to employes to vote without deduc- tion from, 156. WESTMINSTER, high bailiff of, to be returning ofaoer for the new boroughs formerly comprised in, 4 («.). WICK DISTRICT OF BURGHS, nomination and polling days in, 13. WIFE OF AGENT held to be an agent, 141. WITHDRAWAL OF CANDIDATE, when it may take place, 20 ; by whom when candidate absent, 20. public notice must be given of, 20. failure to give security is deemed to be, 22. publishing false statement of, 190. corruptly procuring, 194. WOMEN not eligible to parliament, 91. cannot vote, 133. WORSHIP, place of, nomination not to be held in, 15. poll not to take place in, 26. school-room adjoining, in Ireland, not to be used as polling station, 25. WRIT, form of, 9. transmission of, 10. endorsement on, of day of receipt, 11. certificate to be endorsed on, of candidates elected, 60. and return, how transmitted to clerk of the Crown, 60. receipt to be taken from postmaster for, 60, WRITING or mark by which voter may be identified renders the baUot paper invalid, 57. London : Printed by Shaw & Sons, fetter Lane and Crane Court, B.C. Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft®