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 DATE DUE 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ...»« .Cornell University Library 
 
 arW8673 
 
 The law of parliamentary elections and e 
 
 ,. 3 1924 031 473 782 
 
 , olin.anx 
 
IS 
 
THE LAW OF 
 PAELIAMENTARY ELECTIONS 
 
 AND 
 
 ELECTION PETITIONS. 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924031473782 
 
THE LAW OF 
 
 PAKLIAMENTAEY ELECTIONS 
 
 AND 
 
 ELECTION PETITIONS, 
 
 WITH »■ ' ^» ••' * 
 
 SUGGESTIONS ON THE CONDUCT AND TEIAL OF 
 AN ELECTION PETITION, ^ 
 
 FOEMS AND PEECEDENTS, 
 
 AND 
 
 ALL STATUTES BEARING ON THE SUBJECT. 
 
 BY 
 
 HUGH EEASEE, M.A., LL.D., 
 
 OF THE INNEB TEMPLE AND NORTHEBN CIBOUIT, 
 BAEKISTER-AT-LAW. 
 
 LONDON : 
 BUTTEKWOETH & CO., 11 & 12, Bell Yaed, Temple Bar. 
 
 Xavv iPubllsbers. 
 
 1906. 
 
 V 
 
f\. ^\°^-\^x> 
 
 iBRADBUBy, AGNEW, & CO. LD., PBIKTEBS, 
 LONDON AND TCNBRIDQE. 
 
PREFAOE. 
 
 The object of this work is to prese^it to the reader the Prin- 
 ciples of the Law of Parliamentary Elefetions and Parliamentary 
 Election Petitions. I have endeavoured to make the book as 
 practice,! as possible, and have avoided the history of the subject 
 except so ia!r as I have thought it necessary to deal with it in order 
 to make the present law clear. , The law is stated in iftie form of 
 Propositions, followed bj^ Explanatory Notes, in the preparation of 
 which the original authorities have in every case been consulted. 
 Special prominence has been given to the cases dealt with by the 
 Election Petition Judges, and I have set out verbatim those 
 passages in their judgments which lay down the principles govern- 
 ing this branch of the law. In Appendix I. will be found some 
 practical suggestions on the conduct and trial of an Election 
 Petition, and in Appendix II. all Statutes bearing on the subject, 
 with references where necessary under each section to the particular 
 pages in the text. Appendix III. contains the Election Petition 
 Eules, and Appendix IV. an Abstract of the principal provisions 
 of the Ballot Act, 1872. This Abstract was originally issued by 
 the Home Office to the various Eeturning Officers, but is now 
 out of print. As it is a very valuable and useful summary, I 
 have thought it worth while to print it in a separate Appendix. 
 Appendix V. contains the case and judgment in Woodward v. 
 Sarsons (1875), L. E. 10 C. P. 733. A Select Committee of the 
 House of Commons in 1876 unanimously recommended that this 
 case and judgment should be sent to every Eeturning Officer. The 
 case and judgment, which are printed in Appendix V., are taken 
 from Parliamentary Paper (1876), No. 162, p. iv., and contain 
 facsimiles of the ballot papers dealt with in that case. Appendix VI. 
 contains a series of forms and precedents. 
 
VI PREFACE. 
 
 I wish to express my indebtedness to my friend Mr. H. C. 
 Malkin, M.A., Barrister-at-Law, formerly Chief Clerk in the House 
 of Lords, and for many years Editor of the Annual Statutes, for 
 his kindness in reading through the proof sheets and for many 
 valuable suggestions. I have also to thank my friend and former 
 pupil, Mr. George Jones, M.A., Barrister-at-Law, for the prepara- 
 tion of the Index and Table of Statutes. 
 
 H. F. 
 
 4, Elm Court, 
 
 Temple, E.G., 
 
 January lit, 1906. 
 
CONTENTS. 
 
 PAGE 
 
 Table op Cases ix 
 
 Index of Statutes cited xv 
 
 List of Abbreviations xxiii 
 
 Abticle 1. Who may be a Candidate 1 
 
 2. Election only held in Pursuance of a Writ G 
 
 3. The Returning Officer 10 
 
 4. Notice, Time and Place of Election 16 
 
 5. Nomination of Candidates 18 
 
 6. Withdrawal or Death of Candidate Pending Election 22 
 
 7. The Poll 23 
 
 8. Offences against Provisions of Ballot Act, 1872, as to Secrecy of 
 
 Voting 44 
 
 9. Polling Districts 45 
 
 10. Who may be a Voter 46 
 
 11. What Persons can be Legally Employed for Payment by a 
 
 Candidate 53 
 
 12. Election Agent obligatory — who may be Appointed 54 
 
 13. Sub-agents 57 
 
 14. Polling Agents, Clerks and Messengers 59 
 
 15. Committee Booms, how many and where permissible 60 
 
 16. When an Election is Void 61 
 
 17. Corrupt Practice 90 
 
 18. Bribery 90 
 
 19. Treating 106 
 
 20. Undue Influence 121 
 
 21. Personation 134 
 
 22. False Declaration respecting Election Expenses 136 
 
 23. Illegal Practice 139 
 
 24. Illegal Payment 165 
 
 25. Illegal Employment 171 
 
 26. Illegal Hiring 177 
 
 27. Belief to Candidate who has been Guilty by Agents of Treating, 
 
 Undue Influence, or Illegal Practice 178 
 
 28. Belief in Certain Cases to Anyone Guilty of Illegal Practice or 
 
 Illegal Payment, Employment or Hiring 181 
 
 29. Belief to Candidate or Election Agent Guilty of Non-compliance 
 
 with Provision as to Beturn and Declaration respecting Election 
 Expenses 185 
 
 30. Punishment of Person Convicted of Corrupt Practice 188 
 
 31. Punishment of Candidate found on Election Petition Guilty 
 
 Personally or by Agents of Corrupt Practices 189 
 
 32. Punishment for Illegal Practice, Illegal Payment, Employment 
 
 or Hiring 189 
 
Vlll CONTENTS. 
 
 PAGE 
 
 Article 33. Who may Petition against Return of Candidate, and when 190 
 
 34. Grounds of Petition 192 
 
 35. Security for Costs 193 
 
 36. Who may be Respondent, and what Notice must be served upon 
 
 him 194 
 
 37. Application to Stay Proceedings or Dismiss the Petition 194 
 
 38. Withdrawal of Petition 194 
 
 39. Abatement of Petition 196 
 
 40. Costs 197 
 
 Appendix I. 
 
 On the Conduct and Trial of an Election Petition 203 
 
 Appendix II. 
 
 Statutes 223-367 
 
 Appendix III. 
 
 Petition Rules 369 
 
 Appendix IV. 
 
 Home Oflace Abstract of the Principal Provisions of the Ballot Act, 1872 379 
 
 Appendix V. 
 
 Case and Judgment in Woodward v. Sarsons 391 
 
 Appendix VI. 
 
 Forms and Precedents 407 
 
 INDEX. 
 
TABLE OF CASES. 
 
 PAGE 
 
 Aksteuther V. Williamson (1886), 13 E. 677 49 
 
 Aroh V. Bentinck (1887), 18 Q. B. D. 548 ; 56 L. j.' Q. "bV 458 ; 56 L.T. 360 ; 
 
 35W. K. 476 -B . • ^^ 
 
 Ashburton (1859), 2 W. & B. 1.... 100 
 
 Athlone (1880), 3 0. & H. 53 IV/^V'. ".7.V'' eij, 135,'l36,'419, 424 
 
 Aylesbury (1886), 4 0. & H. 62 81, 103, 118, 19& 
 
 « 
 
 Banbury (1812), Heyw. Co. 318 46 
 
 Barnstaple (1857), 2 P. K. 205 ]] ."." ' .." 95, 105 
 
 (1874), 2 0. &H.105 .V 77, 7» 
 
 Barrow-in-Purness (1886), 4 0. & H. 76 ; 54 L. T. 618 55, 70, 112, 145, 154,. 
 
 165, 171, 175, 176 
 
 Bayley ». Edmunds (1895), 11 T. L. R. 587 164 
 
 Beauohamp v. Madresfield (1872), L. B. 8 C. P. 245 ; 42 L. J. C. P. 32 : 27 
 
 L. T. 606; 21 W. B. 124 ; 2Hop. & C. 41 46 
 
 Bedford (1832), C. & B. 37 ; P. & K. 112 46 
 
 Bedfordshire (1785), 2 Lud. 381 ..46 
 
 Belfast (1886), 4 0. & H. 105 134, 199, 390 
 
 Beresford-Hope c. Lady Sandhurst (1889), 23 Q. B. D. 79 ; 58 L. J. Q. B. 
 
 316; 61 L. T. 150; 37 W. B. 548; 53 J. P. 805 2ia 
 
 Bernardistone v. Some (1673), 2 Lev. 114 14 
 
 Berwick (1881), 3 O. & H. 178; 44 L. T. 289 41, 42, 43, 420 
 
 Bettesworth v. AUingham (1885), 16 Q. B. D. 44 ; 34 W. E. 296 ; 2 T. L. E. 
 
 66 154 
 
 Beverley (1869), 1 0. & H. 143 92, 205, 206 
 
 Bewdley (1869), 1 0. & H. 16 ; 19 L. T 676 78, 103, 109, 118, 120, 201 
 
 (1880) 8 0. & H. 145 ; 44 L. T. 283 84 
 
 Blackburn (1869), 1 O. & H. 198 ; 20 L. T. 823 73, 75, 84, 94, 129 
 
 Bodmin (1869), 1 0. & H. 117 ; 20 L. T. 989 79,88,94,111 
 
 Bolton (1874), 2 0. & H. 138 60, 66, 68, 82, 412, 420^ 
 
 Boston (1874), 2 0. & H. 161 72, 88,98, 100, 101, lOa 
 
 Bowden v. Besley (1888), 21 Q. B. D. 309 ; 59 L. T. 219 ; 57 L. J. Q. B. 473 ; 
 
 36W. E. 889; 52 J. P. 536 20 
 
 Bradford (1869), 1 O. & H. 40; 19 L. T. 723 63, 96, 107, 113, 114, 212. 
 
 Brecon (1871), 2 0. & H. 105 120 
 
 Bridgewater (1803), 1 Peck. 108 46 
 
 Bridgwater (1869), 1 0. & H. 115 78, 88, 92 
 
 Bristol (1870), 2 0. & H. 28 201, 207, 216, 424 
 
 Britt V. Eobinson (1870), L. E. 5 C. P. 508 ; 39 L. J. C. P. 265 ; 18 W. E. 
 
 866; 23 L. T. 188 106, 424 
 
 Buokrose (1886), 4 0. & H. 110 40,41,177, 178,187 
 
 Burgoyne v. Collins (1882), 8 Q. B. D. 450 ; 51 L. J. Q. B. 335 ; 30 W. E. 
 
 923 ; 46 J. P.390 2a 
 
 Cambridge (1857), 1 W. & D. 30 102 
 
 Camelford (1819), C. & D. 256 48. 
 
 Canterbury (1835), K. & 0. 315 51, 380, 419 
 
 Cardigan (1869), B. & Aust. 265 409 
 
 Carnarvon (1833), P. & K. 106; C. & E. 127 13,419- 
 
 Carrickfergus (1869), 1 0. & H. 264 72, 95, 96, 99, 114, 135- 
 
 — (1880), 3 O. & H. 90 99, 136 
 
 Cheltenham (1869), 10. &H. 64; 19 L. T. 816 96,97, 104, 128. 
 
 (1880),3O. &H. 86 4 
 
X TABLE OF CASES. 
 
 PAGE 
 
 Chorlton t!. Kessler (1868), L. B. 4 C. P. 397 ; 1 Hop. & C. 42 46 
 
 r. Lings (1868), L. B. 4 C. P. 374 ; 19 L. T. 534 ; 17 W. B. 284 ; 38 
 
 L. J. G. P. 25 46 
 
 ■Cirencester (1893), 4 0. & H. 198 87, 41, 52, 385 (n) 
 
 'Glaridge v. Evelyn (1821), 5 B. & A. 86 213 
 
 Clark, ^a; jparte (1885), 52 L. T. 260 ; 1 T. L. B. 243 184 
 
 •Clementson v. Mason (1875), L. B. 10 C. P. 209 ; 44 L. J. C. P. 171 ; 32 L. T. 
 
 325; 23W. B. 620 28 
 
 •Clitheroe, 2 P. B. & D. 276 213 
 
 Cockermouth (1901), 5 0. & H. 155 61, 152, 153, 154, 155, 162 
 
 Cooper t. Slade (1857), 6 H. L. C. 746 ; 27 L. J. Q. B. 449 ; 2 Jur. N. S. 
 
 791 95,97, 106, 108 
 
 •Cork (1869), B. & Aust. 534 419 
 
 Coventry (1706), 15 Jour. 276 66, 75 
 
 (1869), 1 0. & H. 107 ; 20 L. T. 407 93, 95, 105, 113, 199, 209, 412 
 
 Cox V. Davies [1898], 2 Q. B. 202 ; 67 L. J. Q. B. 925 19 
 
 Cremer v. Lowles (Haggerston) [1896], 1 Q.B. 504 ; 60 J. P. 100 ; 65 L. J. 
 
 Q. B. 289 ; 74 L. T. 42 ; 12 T. L. B. 158 ; 44 W. B. 629 410 
 
 DarUngton, Ex parte (1889), 5 T. L. B. 18 184 
 
 Davies v. Lord Kensington (1873), L. B. 9 C. P. 720; 43 L. J. C. P. 370; 30 
 
 L. T. 610; 22 W. E. 707 14, 21, 424 
 
 Down (1880), 3 0. & H. 115 ; P. P. 260, p. 12 130, 131, 420 
 
 Drinkwater v. Deakin (1874), L. B. 9 C. P. 626 ; 43 L. J. C. P. 355 ; 30 L. T. 
 
 832 1, 214 
 
 Drogheda (18.57), W. & D. 206 65, 390, 412 
 
 (1869), 1 0. & H. 252 ; 21 L. T. 405 92, 107, 122, 126, 419 
 
 (1874), 2 O. & H. 201 25, 65, 66, 67, 69, 424 
 
 Droitwieh (1834), K. & 0. 44 46 
 
 Dublin (1869), 1 0. & H. 270 83, 95, 123, 124, 205 
 
 Dudley (1874), 2 0. & H. 115 65, 123, 419 
 
 Duugannon (1880), 3 O. & H. 101 ; P. P. No. 337, p. 12 100 
 
 Dungarvon (1834), K. & 0. 6 409 
 
 East Clare (1892), 4 0. & H. 163 62, 67, 168, 199 
 
 East Manchester (1892), 4 O. & H. 122 201 
 
 Elgin and Nairn (1895), 5 0. & H. 10 157, 158, 160, 172, 173 
 
 Ellis V. National Union, &c. (1900), 109 L. T. Jo. 493 ; " Times," Oct. 3. ..163, 164 
 Eversham (1880), 3 0. & H. 94 219 
 
 Falmouth (1834), K. & 0. 440 419 
 
 Finsbury (1892), 4 0. & H. 76 175 
 
 Furness v. Beresford [1898], 1 6. B. 495 ; 67 L. J. 6. B. 417 ; 78 L. T. 137 ; 
 
 46W. B. 359 205 
 
 ■Galway (1859), Wolf. & Dew, 136 209 
 
 (1869), 1 0. & H 305 i24,'l29' 131, 221 
 
 — - (1874), 2 0. & H. 196 70, 214, 215, 419 
 
 GledhiU V. Crowther (1889), 23 Q. B. D. 136 ; 58 L. J. Q. B. 327 ; 60 L. T. 
 
 866; 53J. P. 677 20 
 
 Gloucester (1873), 2 0. & H. 60 . 132 135 419 
 
 Oloucestershire (1777), Male, 113 ......[^..... ' ' 52 
 
 Grant ?;. Guinness (1855), 17 C. B. (Scott), 196725 l!j.C. P.' 66 'iju^ 
 
 N. S. 1217 146 
 
 Greenock (1869), 1 O. & H. 249 66, 67, 8i,'94,'96, 192 
 
 Gribbm v. Kirker (1873), 7 Ir. B. C. L. 30 67 
 
 Guildford (1869), 1 0. & H. 13 '.'.'.'.'.'.".'.'.'.'.'.'.'.'.'.'.'.'.'.".'. "62,"92, 216 
 
 Hackney (1874), 2 0. & H. 81 63, 65, 68, 390, 392, 412 
 
 Haggerston 1896), 5 0. & H. 87 103 147 14a 
 
 Halifax (1893), 4 0. & H. 203 ' Igg 199 
 
 Hardwick (1857), 1 P. D. & B. 315 39O 
 
 Harford v. Linskey [1899], 1 Q. B. 862; 68 L. J. Q. B. 599 ; 80 L. T.'m '"47 
 
 W. E. 653 ; 63 J. P. 263 ' 2I 
 
 Harmon t). Park (1881), 6 Q. B. D. 323 307 
 
 Harwich (1803), 1 Peek. 383 48 
 
TABLE OF CASES. XI 
 
 PAGE 
 
 Harwich (1857), 1 P. R. & D. 3U 380, 409 
 
 (1874), 2 O. & H. 77 409 
 
 — (1880), 3 0. & H. 69 74, 205, 208, 215 
 
 Bastings (1869), 1 O. &H. 220; 21 L. T. 238 94 
 
 HasweUf. Stewart (1874), 2 O. & H. 215 ; 1 R. 231 39 
 
 Haverfordwest (1873), L. R. 9 C. P. 720 ; 43 L. J. C. P. 370 ; 30 L. T. 610 ... 390 
 
 Hereford (1869), 1 0. & H. 195 78, 79, 97, 201 
 
 Herman v. Park (1881), 7 Q. B. D. 369 19 
 
 Hexham (1892), 4 0. & H. 143 ; Day's E. C. 96 ...58, 107, 110, 114, 116, 166, 185, 
 
 189 201 219 
 
 Horsham (1880), 3 0. & H. 55 '..... ' 95 
 
 Howes V. Turner (18761, 1 C. P. D. 671 ; 45 L. J. C. P. 550; 35 L. T. 58 21,62 
 
 Huguenin v. Basley (1807), 14 Vesey, 288 288 
 
 Hutchinson, Ex parte (1889), 5 T. L. R. 136 184 
 
 Ipswich (1886), 4 O, & H. 71 93, 104,156, 176, 196,197, 201 
 
 Isaacson v. Durant (1886), L. R. 17 Q. B. D. 54 ; 55 L. J. Q. B. 331 ; 54 
 
 L. T. 684; 34 W. R. 547 46 
 
 Islington (190y, 5 0. & H. 125 67 
 
 •James v. Henderson (1874), 43 L. J. C. P. 238; 30 L. T. 527 208 
 
 Joyce V. O'DonneU (1874), 22 W. R. 654 211 
 
 Kennington (1886), 4 0. & H. 93 150, 151, 199, 201 
 
 Kidderminster (1874), 2 O. & H. 173 94, 120, 201, 420 
 
 King's Lynn (1869), 0. & H. 208 89 
 
 Knaresborough (1880), 3 O. & H. 143 215 
 
 Lancaster (1896), 5 0. & H. 45 159, 160, 204, 205 
 
 Launoeston (1874), 2 O. & H. 129 95, 97, 420 
 
 Lawsonv. Chester Master [1893 I, 1 Q. B. 245 ; 62 L. J. Q. B. 231 ; 68 L. T. 
 
 60; 41 W. R. 221; 57 J. P. 806 ; 9 T. L. R. 168 209 
 
 Lenanton, E.r parte {18S9), 53 J. P. 263; 5 T. L. R. 173 182, 184 
 
 Lichfield (1869), 1 0. & H. 278 74, 101, 121 
 
 (1880), 3 0. & H. 136; P. P. 278, 1860 67 
 
 • (1895), 5 O. & H. 34 136, 143, 144, 151, 158, 173, 175 
 
 Limerick (1833), P. & K. 373 390 
 
 Lisburn (1864), 2 W. & B. 225 105 
 
 Londonderry (1869), 1 0. & H. 278 74, 100, 121 
 
 (1886), 4 0. & H. 104 195, 199, 205 
 
 Longford (1870), 2 0. & H. 78 19, 62, 90, 120, 125, 131, 201, 205, 207, 215, 419 
 
 Louth (1880), 3 0. & H. 169 Ill 
 
 Lovering v. Dawson (1875), L. R. 10 C. P. 726 ; 44 L. J. C. P. 321 ; 32 L. T. 
 
 819 194 
 
 TVEaidstone, W. & D. 104 117 
 
 (1901), 5 0. & H. 153 93 
 
 Malcolm v. Parry (1874), L. R. 9 C. P. 610 ; 43 L. J. C. P. 331 ; 31 L. T. 331 
 
 88, 424 
 
 MaUow (1870), 2 0. & H. 221 88, 96, 109 
 
 Manchester (1892), 4 0. & H. 121; Day's E. C 204, 205 
 
 Marton v. Gorrill (1889), 23 Q. B. D. 139 ; 58 L. J. Q. B. 329 ; 60 L. T. 867... 20 
 
 Mayo (1874), 2 0. & H. 191 21, 22, 55, 67, 410, 424 
 
 Middlesex (1804), 2 Peck. 118 46 
 
 Monks V. Jackson (1876), 1 C. P. D. 683; 46 L. J. C. P. 162 ; 35 L. T. 95 ... 22 
 
 Monkswell v. Thompson (1898), 1 Q. B. 353 307 
 
 Monmouth (1834), K. & 0. 413 46, 51, 52, 93 
 
 Montgomery (1834), P. & K. 462 419 
 
 (1892), 4 0. & H. 168 ; Day's E. C. 150... Ill, 120, 201, 204, 205, 206, 217, 219 
 
 Moore v. Kennard (1883), L. R. 10 Q. B. D. 290 ; 52 L. J. Q. B. 285 ; 48 
 
 L. T. 236 ; 31 W. R. 610 ; 47 J. P. 343 207 
 
 Morpeth (1802), 1 Dougl. 147 65, 412 
 
 Newoastle-under-Lyme (1869), B. & Aust. 564 419 
 
 New Ross (1853), 2 P. D. & R. 198 65, 392 
 
Xll TABLE OF CASES. 
 
 PAGE 
 
 New Sarum (1833), P. & K. 261 51 
 
 (1869), 19 L. T. 528 ." ;:.;...: 219 
 
 New Windsor (1884), K. & O. 139 99 
 
 Norfolk (1679), Heyw. Co. 555 (n) 65 
 
 North Norfolk (1869), 1 0. & H. 236 ; 21 L. T. 264 69, 70, 80, 87, 94, 
 
 108, 113, 127, 130, 392 
 
 NorthaUerton (1869), 1 0. & H. 167; 21 L. T. 113 127, 130, 211 
 
 North Durham (1874), 2 0. & H. 158 122, 126, 196 
 
 (1880) 3 0. & H.2 195, 215 
 
 North Meath (1892) 4 0. & H. 190 78, 126, 196, 197, 201 
 
 Norwich (1869), 1 0. & H. 8 ; 19 L. T. 615 74, 76, 199, 201, 211, 215 
 
 (1871) 2 0. & H. 38 69, 87, 94, 201, 419 
 
 (1886) 4 O. & H. 84 ; 54 L. T. 625 113, 147, 160, 186, 215, 420 
 
 Nottingham (1869), 1 0. & H. 246 123 
 
 Okehampton (1791), 1 Eras. 162 46 
 
 Oldham (1869), 1 0. & H. 164; 19 L. T. 501 51, 104, 212, 213 
 
 Oxford (1880), 3 0. & H. 155 102 
 
 Pease v. Norwood (1869), L. R. 4 C. P. 235 ; 38 L. J. 0. P. 161 ; 17 W. R. 
 
 320 193 
 
 Pembroke (1901), 5 O. & H. 144 49, 50, 211, 212. 
 
 Penryn (1869), 1 0. & H. 132 95, 102, 149, 419 
 
 Phillips V. Gofi (1886), 17 Q. B. D. 805 ; 55 L. J. Q. B. 512 ; 50 J. P. 614 ... 37 
 Pickering v. James (1873), L. R. 8 G. P. 489 ; 42 L. J. 0. P. 217 ; 21 W. R. 
 
 786; 29L. T. 210 13,31 
 
 Plymouth (1880), 3 0. & H. 109 98, 99, 100 
 
 Pontefract (1857), Wolf. & Dew, 71 117 
 
 (1892), 4 0. & H. 28; Day's E. C. 35 57, 65, 107, 142, 144, 168, 
 
 174. 201, 204, 205, 412 
 
 Poole (1874), 2 0. & H. 127 201, 42* 
 
 Pope f. Bruton (1900), 17 Times Rep. 182 ; 0. 59, r. 1 307 
 
 Prideaax v. Morrice (1702), 7 Mod. 13 14 
 
 Pritchard v. Mayor of Bangor (1888), 13 A. G. 241 ; 57 L. J. Q. B. 313 ; 58 
 
 L. T. 502 ; 37 W. R. 103 ; 52 J. P. 564 21 
 
 R. V. Bridge (1813), 1 M. & S. 76 21S 
 
 V. Brissell (1679), Heyw. Go. 537 213 
 
 V. Hawkins (1813), 2 Dow. 124 212, 
 
 V. Thwaites (1853), 1 E. & B. 704 ; 22 L. J. Q. B. 288 ; 17 Jur. 712 ... 51 
 
 Rendlesham, Lord, v. Haward (1873), L. R. 9 G. P. 252 ; 43 L. J. C. P. 33 ; 
 
 29 L. T. 679 ; 22 W. R. 157 ; 2 Hop. & C. 175 46 
 
 Renfrew (1874), 2 O. & H. 213 208, 42* 
 
 Rochester (1892), 4 0. & H. 83 ; Day's E. G. 102 ... 114, 116, 138, 145, 151, 157, 
 
 175, 179, 180, 189, 199 
 
 Roxburgh (1869). Pale. & P. 469 419 
 
 Rutland (1601), Dalton, 338 14 
 
 Rye (1848), 1 P. R. & D. 112 62 
 
 St. Andrews (1886), 4 0. & H. 32 885 (n> 
 
 St. George's (1895) 5 0. & H. 97 86, 87, 98, 99, 100, 107, 110, 149, 161, 
 
 162, 169, 170, 205- 
 
 St. Ives (1802), 2 Dougl. 416 107 
 
 Salford (1869), 1 0. & H. 284 65, 66, 89, 94, 123, 221, 412 
 
 Salisbury (1880), 3 O. & H. 132 101 
 
 (1883), 4 0. & H. 30 99, 201 
 
 Sandwich, (1880), 3 0. & H. 158 101 
 
 Shaw V. Eeokitt [1893], 1 Q. B. 779 ; 2 Q. B. 59 ; 68 L. T. 688; 41 W. R. 497 
 
 182, 30T 
 
 Shoreditch (1896), 5 0. & H. 68 204 
 
 Shrewsbury (1870), 2 0. & H. 86 82, 94 
 
 Silver v. Benn (1896), 12 T. L. R. 199 16* 
 
 Sligo (1848), June 28 ; 99 Hans. 1289 9 
 
 (1869), 1 0. & H. 302 71, 76, 96 
 
 Southampton (1869), 1 0. & H. 225 209 
 
 (1895), 5 0. & H. 20 142,180,184 
 
 South Meath (1892), 4 0. & H. 139 62, 65, 121, 125, 126, 131, 201, 420 
 
TABLE OF CASES. XIU 
 
 PAGE 
 
 South Shropshire (1886), 34 W. R. 352 182 
 
 Stafford (1869), 1 0. & H. 228 ; 21 L. T. 210 62,88,92,122 
 
 Staleybridge (1869), 1 0. & H. 66 ; 20 L. T. 75 71, 75, 88, 110, 121, 123, 207 
 
 Stepney (1886), 4 0. & H. 56 ... 38, 40, 41, 133, 135, 145, 174, 180, 194, 211, 216 
 
 (1892), 4 0. & H. 178 56, 59, 133, 135, 138, 150, 154, 160, 169, 170, 
 
 171, 174, 180, 183 
 Stowe V. JoUiffe (1874), L. R. 9 0. P. 734 ; 48 L. J. C. P. 173 ; 30 L. T. 299 ; 
 
 22 W. R. 946 46, 48, 49, 50, 208, 211, 424 
 
 Stroud (2nd) (1874), 2 0. & H. 179 96, 102 
 
 (1874), 3 0. & H. 11 81, 82, 97, 113, 199, 201, 215, 219 
 
 Sudbury (1842), B. & Aust. 239 419 
 
 Sunderland (1895), 5 0. & H. 62 161, 162, 163, 164 
 
 Tamworth (1869), 1 0. & H. 75 ; 20 L. T. 181 71, 75, 88, 89, 92, 103, 104 
 
 107, 112, 119, 120, 199 
 
 Taunton (1837), Falo. & Pitzh. 503 51, 52, 72 
 
 (1869), 1 0. & H. 184 183 
 
 (1874), 2 0. & H. 66 74, 77, 219 
 
 Tewkesbury (1830), P. P. No. 337, p. 80 100 
 
 Thetford, 9 Jour. 725 4 
 
 Thornbury (1886), 4 O. & H. 67 122, 420 
 
 Tipperary (1870), 2 0. & H. 31 125 
 
 (1875), 3 O. & H. 36 1, 197, 214, 420, 424 
 
 Trench r. Nolan (1872), 6 Ir. R. C. L. 464 210, 214, 420,424 
 
 Tyrone (1873) 7 Ir.R. C. L. 190 208 
 
 Unwin r. MoMuUen (1891), 1 Q. B. 694 307 
 
 Wakefield (1842), B. & Aust. 295 4,12 
 
 • (1874), 2 0. & H. 102 72, 80 
 
 Walker, Ex parte (1889), 22 Q. B. D. 384 ; 58 L. J. Q. B. 190 ; 60 L. T. 581 ; 
 
 37 W. R. 293 184 
 
 Wallingford (1869), 1 0. & H. 65 97, 109, 201 
 
 WalsaU (1892), 4 0. & H. 124 ; Day's B. C. 63 70, 85, 86, 89, 141, 160, 
 
 166,168, 183 
 
 Warrington (1869), 1 0. & H. 42 64, 67, 211, 380, 420 
 
 Waterford (1869), B. & Aust. 616 101, 419 
 
 (1870) 2 0. & H. 9 205 
 
 Watford (1870), 2 0. & H. 1 90, 99 
 
 Waygood r. James (1869), L. R. 4 0. P. 361 ; 38 L. J. 0. P. 195 ; 21 L. T. 202 ; 
 
 17W. R. 824 210,220 
 
 Wellsr. Wren(1880), 5 0. P.D. 546; 49 L. J. C. P. 681 207 
 
 Westacott r. Stewart [1898], 1 Q. B. 552 ; 67 L. J. Q. B. 421 ; 78 L. T. 256 ; 
 
 46 W.R.379; 62 J. P. 229 23 
 
 Westbury (1869), 1 0. & H. 47 55, 77, 80, 81, 111, 128, 180, 201, 216 
 
 Westminster (1869), 1 0. & H. 89 74, 77, 83, ,88 
 
 Weymouth (1842), B. & Aust. 108 424 
 
 Wigan (1837), Falo. & Fitz. 686 46, 104 
 
 (1869)10. &H. 189 205 
 
 (1881), 4 0. & H. 3 81,88,89,100,117,119,206 
 
 Wigtown (1874), 2 0. & H. 215 35, 36, 38, 39, 41, 42, 43, 390, 405 
 
 Wilson t). Ingham (1895), 64 L. J. Q. B. 775; 72 L. T. 796 21 
 
 Windsor (1869), 1 0. & H. 1 ; 19 L. T. 63 81, 88, 99, 100, 117, 199, 219 
 
 (1874), 2 0. &H. 88; 31 L. T. 138 98,99,130 
 
 Woodward v. Sarsons (1875), L. R. 10 C. P. 733 ; 44 L. J. C. P. 293 ; 32 L. T. 
 
 867 35, 36, 37, 38, 39, 40, 41, 42, 43, 64, 65, 68, 69, 389 et seq. 
 
 Worcester (1834), K. & 0. 241 48, 49, 93 
 
 (1880), 3 0. & H. 184 420 
 
 (1886), 4 0. & H 199 
 
 (1892), 4 0. & H. 154 85, 114, 204, 218 
 
 Yates f. Leach (1874), L. R. 9 C. P. 605 ; 43 L. J. C. P. 377 ; 30 L. T. 790 ... 194 
 Youghal (1869), 1 0. & H. 291 ; 21 L. T. 306 102 
 
INDEX OF STATUTES. 
 
 Figures in heavy type refer to Statutes set out in Appendix II. 
 
 PAGE 
 
 7&8WiU. 3,c. 7 223 
 
 s. 1 13 
 
 s. 2 13 
 
 . 8.3 13 
 
 s. 6 13 
 
 c. 25 224 
 
 s. 7 1 
 
 s. 8 46 
 
 12 & 13 Will. 3, 0. 2 225^ 
 
 5 Anne, o. 11, Art. 25 1 
 
 6 Anne, c. 7, s. 25 i 
 
 c. 41, s. 25 1, 2 
 
 s. 28 2, 226. 
 
 7 Anne, c. 20, s. 21 4 
 
 1 Geo. 1, Stat. 2, o. 38 (Septennial Act) 6 
 
 c. 56 3, 227 
 
 7 Geo. 2, 0. 16, s. 14 4 
 
 15 Geo. 2, 0. 18, s. 8 2, 227 
 
 u. 22, s. 1 3 
 
 B. 3 2 
 
 21 Geo. 2, u. 19, s. 11 4 
 
 22 Geo. 3, c. 45 22» 
 
 24 Geo. 3, c. 26 230- 
 
 s. 4 7 
 
 c. 63 231 
 
 25 Geo. 3, o. 84, s. 3 24 
 
 33 Geo. 3, c. 41, s. 1 8 
 
 c. 64 17 
 
 37 Geo. 8, c. 47, s. 20 1 
 
 39 Geo. 3, o. 94, s. 5 '. 2 
 
 39 & 40 Geo. 3, c. 67 (Art. 4) (Union with Ireland, 1800) 1,46 
 
 41 Geo. 8, 0. 52, s. 4 a 
 
 c. 63 1 
 
 42 Geo. 3, c. 116, s. 185 2 
 
 44 Geo. 3, o. 54 232 
 
 48 Geo. 3, c. 140, s. 14 3 
 
 s. 41 3 
 
 52 Geo. 8, u. 38 232 
 
 53 Geo. 3, u. 89 10, 233. 
 
 1 Geo. 4, 0. 11, s. 4 13 
 
 4 Geo. 4, 0. 35, s. 71 13 
 
 0.65 s. 74 1 
 
 7 & 8 Geo. 4, c. 28, s. 13 46 
 
 9 Geo. 4, c. 32, s. 8 46 
 
 10 Geo. 4, 0. 7, s. 9 1, 234 
 
 i;. 44, s. 18 3, 4, 52, 235 
 
 c. 62 4 
 
 1 &2 Will. 4, c. 33, s. 11 3 
 
 2 & 3 Will. 4, 0. 45 (Reform Act, 1832) 11, 16, 49, 235 
 
 s. 11 11, 12 
 
 s. 65 10 
 
Xvi INDEX OF STATUTES. 
 
 PAGE 
 
 2&3Wm. 4,0.45,3.68 17,25 
 
 B. 70 32 
 
 .. 71 1* 
 
 c. 65, s. 28 12, 16 
 
 s. 30 16 
 
 s. 31 16 
 
 s. 34 12 
 
 s. 86 4. 52 
 
 s. 66 6* 
 
 c. 87, s. 36 34 
 
 5 & 6 Wm. 4, o. 35, s. 5 2 
 
 s. 8 32 
 
 c. 36 239 
 
 6&7WiU.4,o. 13, s. 18(1.) 3, 52 
 
 0. 29, s. 19 3, 52 
 
 2 & 3 Vict. 0. 71, s. 3 52 
 
 0. 93, s. 9 53 
 
 c. 94 53 
 
 s. 7 3 
 
 3 & 4 Vict. c. 108, s. 8 11 
 
 s. 166 (I.) 4 
 
 6 & 7 Vict. 0. 18 (Parliamentary Voters Registration Act, 1843) 29, 46, 240 
 
 s. 28 4 
 
 s. 47 27 
 
 s. 48 27 
 
 s. 67 27 
 
 s. 68 27 
 
 s. 69 27 
 
 s. 81 50, 59 
 
 s. 85 59 
 
 s. 86 29, 30,60 
 
 S.87 31, 60 
 
 s. 88 31, 60 
 
 s. 89 31 
 
 s. 93 24 
 
 10 & 11 Vict. 0. 21 244 
 
 s. 2 10 
 
 B. 3 10 
 
 c. 109, s. 9 2 
 
 12 & 13 Vict. c. 91, s. 24 3 
 
 13 & 14 Vict. c. 69 29 
 
 s. 90 29 
 
 s. 92 29 
 
 s. 96 29 
 
 s. 103 13 
 
 14 & 15 Vict. u. 42, s. 10 3 
 
 s. 20 2 
 
 o. 57, s. 2 3 
 
 15 & 16 Vict. 0. 57 (Election Commissioners Act, 1852) , 221, 245 
 
 s. 1 '. 4 
 
 s. 5 ; 18 
 
 16 & 17 Vict. c. 28, s. 4 (S.) 25 
 
 0. 68 7, 19, 248 
 
 s. 1 12 
 
 s. 4 24 
 
 s. 6 25 
 
 c. 137, s. 5 3 
 
 17 & 18 Vict. c. 34, s. 1 215 
 
 S.2 215 
 
 0- 57 12,249 
 
 0. 102 (Corrupt Practices Prevention Act, 1854) 91 94 97 106 
 
 108,' 222, 250 
 
 s-2 (1) 90,97 
 
 (2 90, 101 
 
 (3) 91, 104 
 
 W 91, 104 
 
INDEX 0*' STATUTES. XVll 
 
 17 & 18 Viot. c. 102, s. 2 (5) 91j 106 
 
 (7) 166, 169 
 
 s. 3 (1) 91, 93 
 
 (2) 91 
 
 B. 5 (1) 93, 132 
 
 s. 6 (4) 93 
 
 s. 36 71 
 
 u. 117, s. 11 3 
 
 19 & 20 Viot. i;. 2, s. 9 3 
 
 c. 50, s. 1 4 
 
 0. 58, s. 8 52 
 
 c. 69, s. 9 53 
 
 20&21 Vict. c. 60, s. 14 4 
 
 c. 72, s. 17 (E. & S.) 53 
 
 21 &.22 Viot. c. 106, s. 12 4 
 
 s. 22 3,4 
 
 s. 30 4 
 
 u. 110 262 
 
 ss. 182, 384 8 
 
 s. 5 7 
 
 22 Viot. e. 14, s. 1 11 
 
 24 & 25 Viot. 0. 53 253 
 
 c. 83, s. 13 52 
 
 25 & 26 Vict. 0.92, s. 3 12 
 
 c. 99 s. 4 3 
 
 26 & 27 Viot. o'. 2o! s." 1 .!..!....!!!]]!.'.'.'.'!.'..'.'.'.'.'.'.'.'.'.'.'.'.'.'..'...'.'..'.'.'.'.'...'..'...'.' .'. ' 8, 256 
 
 c. 29, s. 7 222 
 
 c. 65 266 
 
 29 & 30 Viot. 0.-39, s. 3 3 
 
 .30 & 31 Viot. 0. 75 256 
 
 c. 102 (Representation of People Aot, 1867) 153,267 
 
 s. 11 47,53,175 
 
 s. 37 25 
 
 s. 38 27 
 
 s. 41 12 
 
 S.42 17, 19, 24 
 
 s. 43 24 
 
 s. 49 104 
 
 s. 50 , 33,54 
 
 31 & 32 Vict. 0. 48 24 
 
 s. 37 18, 19 
 
 s. 39 24 
 
 s. 41 12 
 
 s. 51 24 
 
 s.8(S.) 47 
 
 0. 49, B. 8 (I.) 47 
 
 0. 58, s. 12 203 
 
 n. 18 46 
 
 0.65 261 
 
 0.72 262 
 
 0. 125 (Parliamentary Elections Act, 1868) 55, 193, 196 
 
 221, 262 
 
 S.5 190, 203 
 
 s. 6(1) 203, 205 
 
 (2) 191 
 
 (*) 193 
 
 (5) 193 
 
 =i. 11 (11) , 208, 209 
 
 (13) 220 
 
 (14) 220 
 
 (15) 220 
 
 (16) 219 
 
 s. 15 221 
 
 s. 17 90, 216 
 
 s. 28 198 
 
 B.29 209 
 
 L.E. h 
 
xviii INDEX OF STATUTES. 
 
 31 & 32 Viot. 0.125,8. 30 
 
 S.31 
 
 PAGE 
 198 
 
 198 
 
 s. 32 ':::::::::::::::.: ■ iqs, 216 
 
 S.35 19& 
 
 s. 86 195 
 
 s. 37. 
 
 196, 197 
 
 S.41 197 
 
 S.44 ^l 
 
 S.48 13 
 
 s. 49 13 
 
 S.53 210 
 
 S.56 221 
 
 s-58(l) |03 
 
 32 & 33 Vict. c. 15 27» 
 
 c 43 27S 
 
 33& 34 Vict. 0! 17, ss^ %3'.'.'^.'Z ••■•■ 2 
 
 c. 23,s. 2 1. i6, 27» 
 
 s. 33 1 
 
 c. 75, S.91 *7 
 
 34 & 35 Vict. c. 70, s. 4 2 
 
 35 & 36 Vict. c. 33 (Ballot Act, 1872) 19,23,26,29,38,39,42,44,48, 
 
 49, 54, 60, 65, 67, 68, 274 
 
 s. 1 14, 18, 21, 22 
 
 s. 2 23,24, 26,29,32,35,36,40,43,52,192 
 
 s4 45,60 
 
 5.5 i& 
 
 5.6 25 
 
 s. 7 46,47,48,50,211 
 
 s. 8 10,14,23, 26 
 
 B. 9 30,32 
 
 s. 10 32,33, 50 
 
 s.ll 33, 54 
 
 s. 12 215 
 
 s. 14 26 
 
 s. 15 30 
 
 s. 16 15 
 
 s. 17(4) 15 
 
 s. 24 31, 32, 134, 135 
 
 S.25 47, 214 
 
 S.28 36 
 
 s.31 19 
 
 s 82 215 
 
 Sched. i. Part I ...'.'.'....... ... 26, 36, 65, 280 
 
 r. 1 16 
 
 r. 3 17 
 
 r. 4 16 
 
 r. 5 , 19 
 
 r. 6 20 
 
 r. 8 20 
 
 r. 9 19,20 
 
 r. 10 22 
 
 r. 11 20 
 
 r. 12 21, 26 
 
 r. 13 21 
 
 r. 14 23 
 
 r. 15 25 
 
 r. 16 25 
 
 r. 17 25 
 
 f.l8 25 
 
 r-19 25,27 
 
 r- 20 25, 26, 27 
 
 i- 21 25, 28 
 
 r. 22 26 
 
 r- 23 26, 29 
 
 r- 24 27, 29 
 
 r- 25 29 
 
INDEX OF STATUTES. XIX 
 
 35 & 36 Viot. c. 33, Sched. 1, Part I. — contimied. page 
 
 r. 26 30 
 
 r. 27 26, 30,52, 212 
 
 r. 28 29 
 
 r. 29 32 
 
 r. 30 32 
 
 r. 31 33 
 
 r. 32 34 
 
 r. 33 34 
 
 r. 34 34 
 
 r. 35 34 
 
 r. 36 35, 213 
 
 r. 37 43 
 
 r. 38 44 
 
 r. 40 207 
 
 r. 41 207 
 
 r. 44 12 
 
 r. 47 28 
 
 r. 48 28,33 
 
 r. 49 28 
 
 r. 50 33 
 
 r. 5i; 192 
 
 r. 52 34 
 
 r. 53 34,59 
 
 r. 54 33,45 
 
 r. 58 17 
 
 r. 59 44 
 
 r. 61 16 
 
 Sched. 2 26, 27, 36, 40, 65, 287 
 
 3 291 
 
 4 291 
 
 5 294 
 
 6 296 
 
 c. 44, s. 4 2 
 
 0. 58 (Bankruptcy Act, Ireland, 1872). 
 
 s. 41 9 
 
 s. 42 1 
 
 e. 68, s. 41 9 
 
 s 32 203 
 
 36&37 Vict. c. 77 I!!]!!!!!"!!!!!!!!!!]!!"!"!!!!!!!'!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 299 
 
 3'8 & 39 Vict. c. 77, s. 5 3, 299 
 
 c. 84 (Returning Oifioers Act, 1875) 14, 15, 54, 145, 147. 149, 
 
 171, 299 
 
 s. 3 138 
 
 s. 4 14,32,141 
 
 a. 6(E. & I.) 26 
 
 s. 8 19 
 
 s. 29(9) (10) 139 
 
 s. 30 139 
 
 c. 89 33 
 
 Sched. 1. Part III., Part IV 33,34,146,172,801 
 
 Sched. 2 15 
 
 40 & 41 Vict. u. 57, s. 13 .3, 203 
 
 41 & 42 Vict. 0. 41, s. 3 14 
 
 s. 4(S.) 26 
 
 42 & 43 Vict. 0. 75 (Corrupt Practices Act, 1879) 306 
 
 c. 77 220 
 
 a. 2 198, 209, 220 
 
 s. 35 198 
 
 44 & 45 Vict. 0. 40, s. 2 104 
 
 c. 49, s. 54 (I.) 3 
 
 c. 58 306 
 
 c. 68, s. 13 209, 807 
 
 45 & 46 Vict. c. 49, b. 39 48 
 
 c. 50 (Municipal Corporations Act, 1882) 308 
 
 8. 1630>) 4 
 
 s. 242 53 
 
XX INDEX OF STATUTES. 
 
 PAGE 
 
 45 & 46 Vict. 0. 50 (Municipal Corporations Act, 1882) — cowtlwmd. 
 
 s. 244(E.) 11 
 
 46 & 47 Viot. 0. 51 fCorrupt and Illegal Practices Prevention Act, 1883)... 55, 58, 
 
 71, 135, 153, 165, 166, 170, 172, 174, 176, 179,181, 
 185, 188, 190, 197, 215, 216, 218, 222, 308 
 
 s. 1(1) 106 
 
 s. 2 121,127 
 
 s. 3 90, 134, 185, 177 
 
 s. 4 4, 189 
 
 s. 5 5,189, 220 
 
 s. 6 106,188 
 
 (2) 135 
 
 (3) 47,188 
 
 (4) : 4,5,188 
 
 8. 7 (1) 141, 142, 143, 178, 206 
 
 (3) 144 
 
 8. 8 6 
 
 s. 9 6, 53 
 
 (3) 154 
 
 ri. 10 53, 190 
 
 !i. 11(a) 5, 53, 190, 220 
 
 (b) 6 
 
 B. 12 221, 222 
 
 s. 13 165 
 
 s. 14 177 
 
 s. 15 165 
 
 s. 16 165, 168, 169 
 
 s. 17 171, 172. 173 
 
 (i) (E.) 47 
 
 s. 18 175 
 
 s. 19 6,153 
 
 s. 20 61 
 
 s. 21(1) 190 
 
 (2) 6 
 
 s. 22 , 142, 179, 180 
 
 s. 23 167, 179, 180, 181 
 
 (B),(c) 183 
 
 a. 24 (1) 53,54 
 
 (4) 56 
 
 s. 25 (1) 57, 154 
 
 (2) 58 
 
 (3) 58 
 
 (4) 58 
 
 s. 26 57,59 
 
 s. 27 (1) 56 
 
 (2) 56 
 
 s. 28 170 
 
 s. 29 (1) 156 
 
 (2) 141 
 
 (3) 141 
 
 (4) 141 
 
 (5) 141 
 
 s.31(l) 15,138 
 
 (2) 16 
 
 (3) 141 
 
 S.32 (1) '56 
 
 (2) 14. 141 
 
 s- 33 (1) ' 139. 187 
 
 (3) 137 
 
 W 137 
 
 6 137, 141 
 
 P 137 
 
 „, (8; 137 
 
 ::35-(ij-:;;;:::;::;:;:::;;:;::::;:;;::;;:;:;:;;;;:;;;;::;;;;:..."^::^^-^?^ 
 
INDEX OF STATUTES. XII 
 
 PAGE 
 
 46 & 47 Viet. 0.51,8.36 47 
 
 s. 38(1) 321 
 
 (5) 47 
 
 B. 40 (1) (A) (B) 191, 205 
 
 (2) 206 
 
 (8) 206 
 
 (4) 191 
 
 s. 43 (1) 212, 217 
 
 (2) 217 
 
 (3) 217 
 
 (4) 53, 188, 218 
 
 5) 218 
 
 (8) 198 
 
 s. 44 198 
 
 (1) 199 
 
 (2) 199 
 
 (3) 197 
 
 s. 47 1 45 
 
 (2) 4S 
 
 (3) , 46 
 
 (4) 46 
 
 s. 49 215 
 
 s. 51 (1) 189 
 
 s. 54 190 
 
 s. 56 182 
 
 s, 59 215 
 
 (2) 216 
 
 s. 60 220 
 
 S.63 145,190 
 
 s. 64 137,165,188 
 
 Sohed. 1, Part 1 53,57,140,144,171,172,887 
 
 (2) ^„ 67 
 
 (7) 47,53 
 
 (8) , 57 
 
 Sched. 1, Part U 53, 54, 61, 170, 171, 172, 175 
 
 Sohed. 1, Part V. (4) 147 
 
 \i) 56 
 
 Sohed. 2, Part 1 134,187,839 
 
 Sohed. 3, Part II 134, 343 
 
 Sched. 4 345 
 
 0. 53 (Bankruptcy Act, 1883) 345 
 
 s. 32 (1) 1, 8 
 
 s. 33 (1) 8 
 
 (2) 7,8 
 
 s. 116 4 
 
 47 & 4fr Vict, c. 16 (Bankruptcy, &c., Scotland, Act, 1885). 
 
 s. 5 1, 9 
 
 s. 6 9 
 
 0.17 3 
 
 0, 70 (Municipal Election Corrupt and Illegal Practices 
 
 Act, 1884) 154,156,157,158,346 
 
 s. 2 47 
 
 (2) 5,47 
 
 ». 3 (1) 5 
 
 s. 7 47 
 
 s. 10 47 
 
 s. 17(2) 47 
 
 s. 18 155,184 
 
 s. 20 184 
 
 s. 21(2) 184 
 
 s. 23 5, 184 
 
 s. 25(2) 47 
 
 s, 28 155, 156 
 
 s. 36 5, 47 
 
 48 Vict. c. 10 347 
 
 B. 1 - 23 
 
XXll INDEX OF STATUTES. 
 
 PAGE 
 
 48 Vict. c. 15 (Eegistration Act, 1885) 46, 348 
 
 s. 13 46 
 
 48 & 49 Vict. c. 23 (Redistribution of Seats Act, 1885) 10, 17, 350 
 
 s 2 67 
 
 s.' 9 (3) 57, 59 
 
 s. 12(3) 11 
 
 s. 13 (4) 51 
 
 s. 24 54 
 
 s. 27 (1^ . 69 
 
 s'ched. i. Part I. (3) .'.'..'.. .'..'.'.'.'.'...'.. ...... . . . ...... ... 57, 59, 367 
 
 u. 56 102,359 
 
 s. 1 103 
 
 c. 62 (Returning Officers Act, 1885) 14, 33, 359 
 
 c. 83, s. 12 (4) 11 
 
 49 Vict. c. 16 360 
 
 49 & 50 Vict. c. 57 361 
 
 50 Vict. c. 6 208 
 
 sess. 2, c. 9 (Police Disabilities Removal Act, 1887) 48, 52, 368 
 
 50 & 51 Vict. c. 35, s. 44 4 
 
 c. 55(Sherifis Act, 1887) 363 
 
 s. 25(1) 11 
 
 s. 36(1) 11 
 
 51 & 52 Vict. 0. 41 (Local Government Act, 1888) 305 
 
 s. 3 45 
 
 s. 75 5 
 
 s. 83 (13) 3 
 
 c. 43 365 
 
 52' & 53 Vict. c. 69, s. 2 (Public Bodies Corrupt Practices Act, 1889) 47 
 
 53&54 Vict. c. 55, s. 2 5 
 
 s. 3 5 
 
 s. 4(1) 5 
 
 s. 23 5 
 
 s. 49 5 
 
 0. 71, s. 9 (Bankruptcy Act, 1890) 1, 8, 365 
 
 66 & 57 Vict: c. 73, s. 48 (3) 5 
 
 57 & 58 Vict. c. 16 365 
 
 58 & 59 Vict. c. 40 (Corrupt and Illegal Practices Prevention Act, 
 
 1895) 161t 163, 222, 364 
 
 s. 1 ; 141 
 
 s- 2 162, 163 
 
 s. 3 163 
 
 61 & 62 Vict. c. 36 ^ 366 
 
LIST OF ABBREVIATIONS. 
 
 A. & E Adolphus and Ellis. 
 
 A. C Law Reports, Appeal Cases. 
 
 B. & Ad. Barnewall and Adolphus. 
 
 B. & Aid Barnewall and Alderson's Reports (King's 
 
 Bench). 
 
 B. & Am Barron and Arnold. 
 
 B. & Aust Barron and Austen. 
 
 B. & B .». Broderip and Bingham. 
 
 B. & C Barnewall and GressweU. 
 
 B. & P Bosanquet and Puller. 
 
 Beav Beavan. 
 
 Bing Bingham. 
 
 Bing. N. G Bingham (New Cases). 
 
 B. & S Best and Smith. 
 
 C. J Chief Justice. 
 
 G. B Common Bench Reports. 
 
 C. B. (N. S.) Common Bench Reports, New Series. 
 
 C. & D Gorbett and Daniell. 
 
 CM. & R Crompton, Meeson, and Roscoe. 
 
 C. & P Carrington and Payne. 
 
 G. & R Cockburn and Rowe's Election Cases, 1833. 
 
 C. P. D The Law Reports, Common Pleas Division. 
 
 Dalton Dalton's Office of Sheriff (2nd ed.), 1700. 
 
 Day's E. C Day's Election Cases. 
 
 Dougl Douglas. 
 
 E. & B Ellis and Blackburn. 
 
 Ex. D The Law Reports, Exchequer Division. 
 
 E. & P Falconer and Pitzherbert. 
 
 Eras „ Eraser. 
 
 Glanv Glanville. 
 
 Hans Hansard's Parliamentary Debates. 
 
 H. L. C Clarke's House of Lords Cases. 
 
 Heyw. Bo Heywood on Borough Elections, 1797. 
 
 Heyw. Co Heywood on County Elections (2nd ed.), 1812. 
 
 Hob Hobarfc's Reports, temp. Elizabeth and James I. 
 
 Hawk. P. G Hawkins' Pleas of the Crown. 
 
 Ir. C. L. R Irish Common Law Reports. 
 
 Ir. L. R. (N. S.) Irish Law Reports, New Series. 
 
 J Justice. 
 
 J.p Justice of the Peace. 
 
 Journ. Journals of the House of Commons. 
 
 Ju(3g Judgments of the Election Judges, reported 
 
 and printed by order of House of Commons. 
 
 See Parliamentary Elections Act, 1868, s. 24. 
 
 Jurist Jurist Reports, 1837-54. 
 
 K. B King's Bench. 
 
 K. B. D Law Reports, King's Bench Division. 
 
 K. & Knapp and Ombler's Election Cases, 1884-5. 
 
 Xj.33 Lords Justices. i 
 
 Xj, J. Ch ; Law Journal Reports, Chancery. 
 
 L.J. C. P Law Journal Reports, Common Pleas. 
 
 L.J. M. Law Journal Reports, Magistrates' Cases. 
 
 L. J., K. B Law Journal Reports, King's Bench. 
 
 L. J., Q. B Law Journal Reports, Queen's Bench. 
 
XXIV LIST OF ABBREVIATIONS. 
 
 L. R.,C. P The Law Reports, Common Pleas. 
 
 L. R., Ex The Law Reports, Exchequer. 
 
 L. R. H. L The Law Reports, House of Lords. 
 
 L. R.,' Q. B The Law Reports, Queen's Bench. 
 
 L_ T Law Times. 
 
 L. T.Jo Law Times Journal. 
 
 Lev Levinz. 
 
 Lud Luder's Election Cases, 1784-7. 
 
 M. & S Maule and Selwyn. 
 
 M. &W Meeson and Welsby. 
 
 Male Male on Elections. 
 
 May's Pari. Praot May's Parliamentary Practice. 
 
 M. C. A The Municipal Corporations Act, 1882. 
 
 Min Minutes of Evidence taken by shorthand 
 
 writers before Election Committees, but not 
 
 printed. 
 
 Mod Modern (King's Bench) Reports, 1669-1732. 
 
 O. <fe H O'Malleyand Hardcastle's Reports of Election 
 
 Petitions. 
 
 Orme Orme on Elections. 
 
 p. p Parliamentary Papers. 
 
 p. & K Perry and Knapp's Election Cases. 
 
 P., R., & D Power, Rodwell, and Dew's Election Cases. 
 
 Peck Peckwell's Election Cases. 
 
 PhiU Phillips Election Cases. 
 
 Plowd Plowden. 
 
 Print. Min Minutes of Evidence taken by shorthand 
 
 writers before Election Committees, and 
 
 printed by order of the House of Commons. 
 
 Q.B Queen's Bench Reports. 
 
 Q. B. D The Law Reports, Queen's Bench Division. 
 
 R Rettie's Court of Session Cases. 
 
 R. S. C Rules of the Supreme Court. 
 
 Roe Roe on Elections. 
 
 Sch Schedule. 
 
 Sim Simeon on Elections, 1789. 
 
 Steph. Law of El Stephens' Law of Elections, 1840. 
 
 Str Strange. 
 
 T. R Term Reports. 
 
 T. L. R Times Law Reports. 
 
 Ves Vesey. 
 
 Ves., jun ; Vesey junior. 
 
 W. R Weekly Reporter. 
 
 W. & Br Wolf erstan and Bristowe's Election Cases. 
 
 W. & D Wolferstau and Dew's Election Cases. 
 
 Whitelocke Whitelooke on the King's Writ for choosing 
 
 members to serve in Parliament, scanetimes 
 
 called Whitelocke on Government, 1766. 
 
 Wight Wight on Scotch Parliaments and Elections. 
 
THE LAW 
 
 OF 
 
 PAELIAMENTAKY ELECTIONS 
 
 AND 
 
 ELECTION PETITIONS. 
 
 Art. 1. — Who may be a Candidate. 
 
 AnT0K1<: may he a candidate for Parliament — except a Peer, other 
 than an Irish Peer, not previously elected to sit as one of the twenty- 
 eight representative Irish Peers in the House of Lords (such Irish Peer, 
 if not so previously elected, is eligible to serve for a county or borough 
 in England, Scotland, or Wales, but not Ireland) (a), persons holding 
 certain offices (fc) ,- anyone ordained a priest or deacon or being a 
 minister of the Church of Scotland (c), or in holy orders in the Church 
 of Rome (d) ; a woman (e) ,- an infant if) ; a lunatic (g) ; an idiot (h) ,- 
 a deaf mute (/») ; any person ivho has within the preceding five years 
 been adjudged bankrupt in England {i), unless the adjudication has 
 been annulled or he has obtained his discharge, with a certificate to 
 the effect that his bankruptcy was caused by misfortune tvithout any 
 misconduct on his part (k) ; any person whose estate has been seqxies- 
 trated or with respect to tuhom a decree of cessio bonorum has been 
 pronounced by a competent court in Scotland, unless the sequestration 
 or decree of cessio has been recalled or reduced, or he has obtained his 
 discharge from a competent court (l) ; an alien or denizen (m) ; a 
 person convicted of treason or felony and sentenced to death or penal 
 
 (a) Irish Act of Union, 1800, Art. 4. in Ireland he shall, during one year from 
 
 (J) See Note 1. thediteof the order of adjudication, be 
 
 (c) 11 Geo. 3, 0. 6.S. incapable of sitting and voting in the 
 
 (d) 10 Geo. 4, c. 7, s. 9. House, unless within that time either the 
 
 (e) Whitelocke, 475. order is annulled or the creditors who 
 (/) 7 & 8 Will. 3, c. 25, s. 7 (England) ; prove debts under the bankruptcy are 
 
 5 Anne, c. 11, Art. 25 (Scotland) ; 37 fully paid or satisfied. 
 
 Geo. 3, c. 47, s. 20 ; and 4 Geo. 4, c. 55, (i) Bankruptcy Act, 1883, s. 32 ; Bank- 
 
 s. 74 (Ireland). ruptcy Act, 1890," s. 9. 
 
 (r/) 66 Journ. 687 ; 49 "Vict. c. 16. (/) Baukruptcy Act, 1883, s. 32 ; Bank- 
 
 (/t) Ibid. raptcy, &c. (Scotland) Act, 1885, s. 5. 
 
 (i) Anyone adjudged bankrupt in Ire- (hi) 12 & 13 Will. 3, c. 2, s. 3 ; 7 Anne, 
 
 land is nevertheless eligible as a candidate c. 5 ; 4 Geo. 2, o. 21 ; Brinkwater v. 
 
 for Parliament, tliough by the Irish Bank- Deakin (1874), L. R. 9 C. P. 626 ; Tip- 
 
 riiptcyAct, 1872, s. 42, if a member of the perary (1875), 3 0. & H. 36 ; and see 
 
 House of Commons is adjudged bankrupt Note 2, p. 4, infra. 
 
 L.E. B 
 
2 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 servitude or imprisomnent, either with hard labour or exceeding twelve 
 months, until he has suffered the -punishment or received a free 
 pardon (n) ; certain persons for a specified period who are convicted 
 ■of corrupt or illegal practices (o). 
 
 Note 1. — Persons holding certain offices. 
 
 Under this description come : 
 
 (a) Persons having neiv offices or places of profit under the 
 Crown within the meaning of 6 Anne, c. 41, s. 25. This includes 
 any person who has in his own name, or in the name of any 
 person or persons in trust for him or for his benefit, any new 
 office or place of profit under the Crown, created subsequent to 
 October 25, 1715 ; Commissioners or Sub-Commissioners of Prizes ; 
 Secretary or Eeceiver of Prizes ; Comptrollers of Accounts of the 
 Army : Commissioners of Transports ; Commissioners of the Sick 
 and "Wounded ; Agents for any Eegiment ; Commissioners of Wine 
 Licences; Governors and Deputy-Governors of any of the 
 Colonies {oo) ; Commissioners of the Navy employed in any of the out- 
 ports ; and persons holding pensions from the Crown during pleasure. 
 
 The following are excepted from the operation of the above 
 statute (6 Anne, c. 41, s. 25) : — 
 
 An officer in. the Navy or Army who receives any new or other 
 commission in the Navy or Army respectively {p), the Governor and 
 other officers of the Bank of England (g), the Treasurer or Comp- 
 troller of the Navy, the Secretaries of the Treasury, the Chancellor 
 of the Exchequer and the Admiralty, the Under-Secretary to any 
 of the Secretaries of State, the Deputy-Paymaster of the Army, or 
 any person holding office for life so long as he shall behave 
 himself (r), the Master and Worker of the Mint (s), the Land Tax 
 Commissioners (<), the Paymaster- General (m), the President and 
 one secretary of the Poor Law Board {x), the Chief Commissioner of 
 Works (?/), the Surveyor-General of Ordnance and the Financial 
 Secretary of the War Office (z), and the President and one of the 
 Secretaries of the Local Government Board [a). 
 
 By sect. 52 of the Eepresentation of the People Act, 1867, where 
 a person has been returned a member since the acceptance by him 
 from the Crown of any office described in Schedule H. to the Act, the 
 subsequent acceptance by him from the Crown of any other office 
 
 (n) Forfeiture Act, 1870, s. 2. This (s) 39 Geo. 3, u. 94, s. 5. 
 
 has no application to Scotland ; ih. s. 33. (i) 42 Geo. 3, o. 116, s. 185 
 
 (0) See Note 3, p. 4, infra. (w) 5 & 6 Will. 4, c. 35, s. 5 ; 35 & 36 
 
 (00) See 35 Journal, 63, and 47 Journal, Vict. c. 44, s. 4. 
 
 46- (a) 10 & 11 Viot. c. 109, s. 9. 
 
 ip) 6 Anne, o. 41, s. 28. (y) 14 & 15 Vict. c. 42, s. 20 
 
 (?) 15 Geo. 2, c. 13, o. 8. (i) 33 & 34 Vict. c. 17, ss. 2, 3. 
 
 (?■) 15 Geo. 3, c. 22, o. 3. (a) 34 & 35 Vict. c. 70, s. 4. 
 
WHO MAY BE A CANDIDATE. 3 
 
 or offices described in such schedule in heu of and in immediate 
 succession, the one to the other, shall not vacate his seat. 
 
 The following are the o£5ces enumerated in Schedule H. : — Lord 
 High Treasurer, Commissioner for executing the offices of Treasurer 
 of the Exchequer of Great Britain and Lord High Treasurer of 
 Ireland, President of the Privy Council, Vice-President of the Com- 
 mittee of Council on Education, Comptroller of his Majesty's 
 Household, Treasurer of his Majesty's Household, Vice-Cham- 
 berlain of his Majesty's Household, Equerry or Groom in Waiting 
 on his Majesty, any principal Secretary of State, Chancellor and 
 Under-Treasurer of his Majesty's Exchequer, Paymaster-General, 
 Postmaster-General, Lord High Admiral, Commissioner for execut- 
 ing the office of Lord High Admiral, Commissioner of his Majesty's 
 Works and Public Buildings, President of the Committee of Privy 
 Council for Trade and Plantations, Chief Secretary for Ireland, 
 Commissioner for administering the laws for the relief of the poor 
 in England, Chancellor of the Duchy of Lancaster, Judge Advocate- 
 General, Attorney-General for England, Solicitor-General for Eng- 
 land, Lord Advocate for Scotland, Solicitor-General for Scotland, 
 Attorney-General for Ireland, and Solicitor-General for Ireland. 
 
 The Representation of the People (Scotland) Act, 1868, s. 51, 
 and the Representation of the People (Ireland) Act, 1868, s. 11, 
 contain the same provision with reference to schedules in which the 
 above offices are enumerated. 
 
 (b) Pensioners of the Crown during a term of year's (b). 
 
 (c) Members of the Council of India (c). 
 
 (d) Commissioners and officials of various public offices and depart- 
 ments(d), and the deputies or clerks in various public offices (e). 
 
 (e) Judges of the Court of Appeal (/), the High Court (g), and the 
 County Court (h) . 
 
 (J) 1 Geo. 1, Stat. 2, c. 56. 33 Geo. 3, c. 41, s. 1 (Ireland, Revenue) ; 
 
 (c) 21 & 22 Vict. c. 106, s. 12. 41 Geo. 3, c. 52, s. 4 (Ireland, agent 
 
 (d) 15 Geo. 2, c. 22, s. 1 (Navy and of any regiment and collectors of 
 Victualling Offices) ; 56 Geo. 3, c. 46, s. 8 aids granted Sovereign by Parliament) ; 
 (Auditor of the Civil List) ; 10 Geo. 4, 48 Geo. 3, c. 140, s. 14 ; 6 & 7 Will. 4, c. 29, 
 c. 44, s. 18 (Receiver for Metropolitan s. 19 (Dublin Police) ; 2 & 3 Will. 4, c. 87, 
 Police District) ; 2 & 3 Vict. c. 94, s. 7 s. 36 (Ireland, Registrar of Deeds) ; 12 & 
 (City of London Police) ; 14 & 15 Vict. 13 Vict. u. 91, s. 24 (Dublin, CoUector- 
 c. 42, s. 10 (Woods) ; 16 & 17 Vict. c. 137, General and his Officers) ; 44 & 45 Vict, 
 s. 5 (Charitable Trust) ; 17 & 18 Vict. c. 49, s. 54 (Ireland, Land Commissioners, 
 c. 117, s. 11 (West Indian Incumbered Assistant Commissioners and Officers) ; 
 Estates) ; 19 & 20 Vict. c. 2, s. 9 ; 47 15 Geo. 2, c. 22, s. 1 (Gibraltar). 
 
 i: 48 Vict. c. 17 (England, Metropolitan (c) 15 Geo. 2, c. 22, s. 1 ; 41 Geo. 3, 
 
 Police) ; 29 & 30 Vict. c. 39, s. 3 (Ex- c. 52, s. 4 ; 51 & 52 Vict. c. 41, s. 83 (13) 
 
 chequer) ; 51 & 52 Vict. c. 41, s. 83 (13) (County Council). 
 
 (County Council) ; 1 & 2 Will. 4, c. 33, (/) 38 & 39 Vict. c. 77, s. 5 (England) ; 
 
 s. 11 (Ireland, Public Works) ; 6 & 7 40 & 41 Vict. c. 57, s. 13 (Ireland). 
 
 Will, i, c. 13, s. 18 ; 48 Geo. 3, c. 140, (g) Ibid. 
 
 s. 41 ; 6 & 7 Will. 4, c. 29, s. 19 (Ireland, (A) 25 & 26 Vict. c. 99, s. 4 (England) ; 
 
 •Constabulary) ; 15 Geo. 2, c. 22, s. 1 ; 14 & 15 Vict. c. 57, s. 2 (Ireland). 
 
 B 2 
 
4 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 (f) Jndges of Court of Session (i). 
 
 (g) Sheriffs (k), scots sheriffs-principal (l), sheriff-substitutes (m), 
 sheriff-clerks and deputy sheriff-clerks for the shires in which they hold 
 office (m), town clerks and deputy town clerks for the cities, burghs, 
 toivns, and districts in which they are such clerks (m). 
 
 (h) Judges of the Court of Bankruptcy in Ireland (m). 
 
 (i) Recorders for the boroughs of which they are Recorders (o), and 
 Stipendiaries (p). 
 
 (j) Justices of the peace (q) . 
 
 (k) Election commissioners (r). 
 
 (1) Revising barristers (s) for any place within their districts until 
 eighteen months after ceasing to hold office (s). 
 
 (m) Registrars and officers of the Bankruptcy Court (t). 
 
 (n) Receivers (u). 
 
 (o) Registrars of deeds (;w). 
 
 (p) Returning officers (x). 
 
 (q) Government contractors (y). 
 
 Note 2. — An alien or a denizen. An alien who has been 
 naturaUsed either by a private Act of Parliament (^j) or by a 
 certificate of naturalisation (a) is eligible for Parliament. A 
 denizen is an ahen who has been made an English subject by letters- 
 patent ex donatione regis. 
 
 Note 3. — Certain persons for a specified period ivho have been 
 convicted of corrupt or illegal practices. As to what constitutes 
 a corrupt practice and an illegal practice, see Arts. 17 and 23, 
 pp. 90 and 139, respectively. 
 
 Where upon the trial of an election petition respecting an election 
 for a county or borough the election court reports that any corrupt 
 practice other than treating and undue influence has been proved 
 to have been committed in reference to an election by or ivith the 
 knowledge and consent of a candidate, or that the offence of treating 
 or undue influence has been proved to have been committed by a 
 candidate, he is for ever incapable of representing that constituency, 
 and also incapable of representing any other constituency /o?-sere?i 
 years from the date of the report of the election court (i). Where 
 
 CO 7 Geo. 2, c. 16, s. 14. (s) 6 & 7 Viot. c. 18, s. 28. 
 
 (li) Rutland, Dalton, 332. (i) 46 & 47 Vict. c. .52, s. 116 (1). 
 
 (0 21 Geo. 2, c. 19, s. 11. (u) 10 Geo. 4, c. 44, s. 18. 
 
 (m) 2 & 3 Will. 4, c. 65, o. 36. (jo) 7 Anne, c. 20, s. 21. 
 
 (m) 2 & 3 Will. 4, c. 6,5, s. 36. («) TUtford, 9 Journal, 72.5 ; WaJteJwld,. 
 
 (n) 20 & 21 Vict. c. 60, s. 14. B. & Aust. 295. 
 
 (o) 45 & 46 Vict. e. 50, a. 163 (6) (Eng- (y) 22 Geo. 3, c. 45, s. 1 (Middlesex) ; 
 
 land) ; 3 & 4 Vict. c. 108, s. 166 (Ireland.) 2 & 3 Will. 4, c. 87, s. 36 (Ireland). 
 
 dp) 6 Anne, c. 7, s. 25. (2) Cheltenham (1880), 3 0. & H. 86. 
 
 (?) 10 Geo. 4, c. 44, s. 18. (a) 33 & 34 Vict. c. 14, s. 7. 
 
 (r) 15 & 16 Vict. c. 57, s. 1. (i) Corrupt Practices Act, 1883,68. 4, 6 (4).. 
 
WHO MAY BE A CANDIDATE. 5 
 
 the election court reports that any candidate at such election has 
 been guilty hy Ms 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 
 seren years after the date of the report, and if he has been elected 
 his election shall be void (k). 
 
 Any person convicted on indictment 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 it at that date he has 
 been elected to the House of Commons his election shall be vacated 
 from the time of such conviction (t). 
 
 The like inoapacity for election as a member of the House of 
 Commons results from being convicted or reported guilty of any 
 corrupt practice at a municipal (m) election, or at an election of 
 members of a school board or of improvement commissioners (n), 
 or of a parish or district council or of a board of guardians (o), or 
 county council (p). 
 
 The like incapacity results from the finding of the like offences 
 at an election to any corporate office in Scotland (q) ; but a 
 candidate found guilty hy Ids agents of treating or undue influence 
 at an election to a corporate office in Scotland may be exonerated, 
 inter alia, from this incapacitation upon the same grounds upon 
 which a candidate may be exonerated in respect of the like offences 
 at a parliamentary election (r). "Corporate office" "means the 
 office of county councillor, town councillor, or police commissioner of 
 a burgh, member of parochial board, or member of school board " (s). 
 "Burgh" "includes royal burgh, parliamentary burgh, burgh of 
 barony, burgh of regality, police burgh under any general police 
 Act, and the burgh of Coatbridge in the county of Lanark " (s). 
 
 Where an election court reports that any illegal in-actice has been 
 committed in reference to an election for a county or borough hy 
 or ivith the knowledge and consent of any candidate, that candidate is 
 incapacitated from being elected for the said county or borough /o?- 
 seven years from the date of the report {t) . 
 
 Where an election court reports that a candidate has been guilty 
 hy his agents of any illegal practice in reference to an election for a 
 county or borough, that candidate is incapacitated from election for 
 the said county or borough during the Parliament for which the 
 
 (4) Ibiil. s. 5. Qji) 56 & :,7 Vict. c. 73, s. 48 (3). 
 
 (0 Ibid. s. 6 (4). (?) 53 & :,i Vict. c. 55, ss. 3, i (1). 
 
 lilt) iJ k 48 Vict. c. 70, ss. 2 (2), 3 (1), (r) Ibid. ss. 28, 49. 
 
 23. (■«) Ibid. s. 2. 
 
 (m) Ibid. s. 36. (,0 Corrupt Practices Act, 1883, 
 
 (w) 51 & 52 Vict. c. 41, s. 75. s. 11 (a). 
 
6 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 election was held (u), but, unless the agent is the election agent, 
 this has no application (x) where the illegal practice consists of — 
 
 (a) any person voting or inducing or procuring any person to vote 
 knowing that he or such person is prohibited from voting, or (b) any 
 person knowingly publishing a false statement of the withdrawal of 
 a candidate for the purpose of promoting or procuring the election 
 of another candidate. 
 
 A candidate who is personally guilty of an offence of incurring 
 expenses in excess of any maximum amount specified by the 
 Corrupt Practices Act, 1883 {y), printing, publishing or posting a 
 bill-poster or placard without the name and address of the printer 
 and publisher thereof (z), or of illegal payment, employment, or 
 hiring, is guilty of an illegal practice, and is incapacitated from being 
 elected for the county or borough in question for seven years (a). 
 A candidate whose election agent is personally guilty of such an 
 offence is incapacitated from being elected for the county or borough 
 in question during the Parliament for which the election was held (a). 
 As to when relief will be granted see pp. 178 — 187, infra. 
 
 Any person who is reported by any election court or election com- 
 missioners to have been guilty of any corrupt or illegal practice at 
 an election, shall, whether he obtained a certificate of indemnity or 
 not, be subject to the same incapacity as he would be subject to, if 
 he had at the date of such election been convicted of the offence of 
 which he is reported to have been guilty : provided that a report of 
 election commissioners shall not avoid the election of any candidate 
 who has been declared by an election court to have been duly 
 elected, nor render him incapable of sitting in the House of Commons 
 for the said county or borough during the Parliament for which he 
 was elected (b). 
 
 Aet, 2.— Election only held in Pursuance of a Writ. 
 
 A parliamentary election may be caused — (1) by a dissolution of 
 Parliament ivhich takes place after the lapse of seven years from its 
 commencement or before that time by the exercise of the royal preroga- 
 tive on the advice of ministers, in ivhich case every seat becomes 
 vacant (c) ; or (2) by a vacancy in a particular seat, ivhich may be 
 caused (a) by a member accepting an office of profit from the Crown, 
 
 (b) by his elevation or succession to the peerage, (c) by his death, 
 (d) by his being adjudicated a bankrupt, (e) by his being disqualified 
 when elected, (f) by his being returned for more than one constituency, 
 (g) by his being unseated on petition, (h) by his expidsion. 
 
 00 liid,. s. 11 (b). (a) lUd. s. 21 (2). 
 
 (■'0 liid. s. 9. (J) jjirf. s. -,. 
 
 r'} 77*!f''',^u- ^'^ Septennial Act, 1 Geo. 1, stat. 2, 
 
 (z) Ihid.s. 18. C.38. 
 
ELECTION ONLY HELD IN PURSUANCE OF A WRIT. 7 
 
 In case (1) a general election is held. A warrant or order is issued 
 hfi the King, with the advice of the Privy Council, and in pursuance 
 of a royal proclamation to the Lord High Chancellor of Great Bntain 
 and to the Lord High Chancellor of Ireland, or to the Lords Keepers 
 or Lords Commissioners of the Great Seal if it is in commission, 
 commanding them to cause writs to he issuedfor the election of members 
 to serve in Parliament, and writs are accordingly issued in Great 
 Britain by the Clerk of the Crown in Chancery, and in Ireland by the 
 Clerk of the Crown in Hanaper, and they are respectively returnable 
 into the offices of the said clerks. 
 
 In case (2), i.e., where there is a vacancy in a particular constituency 
 only, the vacancy may occur either during session or during recess by 
 2worogation or adjournment of the House. In the former case the 
 House, on the motion (d) of any member, seconded by another, orders 
 the Speaker to sign a warrant to the Clerk of the Crown in Chancery 
 or to the Clerk of the Crown in Hanaper, to issue a lurit (e) for electing 
 a member to serve in the place of him whose seat has become vacant. 
 
 If the vacancy occurs during the recess, the Speaker has power, in 
 cases (a), (b), (c), (d) only, to issue a warrant to the Clerk of the 
 Croion to make out a new lurit for election of a member in the room 
 of the member v;hose seat is vacated. 
 
 The Speaker shall not, however, during the recess issue a warrant, 
 unless the application for it is made so long before the next meeting of 
 the House for the despatch of business as that the writ for the election 
 may be issued hefore such meeting ; and, further, in cases (a) , (b) and (c) 
 above, he shall not do so unless — (1) the return of the member whose seat 
 is vacated shall have been brought into the office of the Clerk of the 
 Crown fifteen days at least before the end of the last sitting of the 
 House, and (2) there is no petition against the return or election of the 
 member whose seat has become vacant pending at the time of the proro- 
 gation or adjournment (f). 
 
 The Speaker must at the beginning of each Parliament appoint a 
 certain number of members, not exceeding seven and not less than three 
 in number, to execute his duties with reference to the issue of ivnts 
 during any recess in the case of his death, the vacating of his seat, or 
 his absence from the realm. 
 
 Such appointment stands good during the existence of such Parlia- 
 ment ; but if the number should be reduced to less than three, then the 
 Speaker must appoint another or others as before. 
 
 ((f) Such motions take precedence over must be in the form prescribed by 16 & 17 
 
 other business as relating to privilege of Vict. c. 68. As regards the other Univer- 
 
 Pailiament : May's Pari. Prac. 10th ed. sities there are no special forms of writ 
 
 pp . 599 — 600. prescribed by statute. 
 
 (e) For form of writ, see p. 408, infva. (/) 24 Geo. 3, c. 26, s. 4 ; 21 & 22 Vict. 
 
 The writ for the election of members for c. 1 10, s. 5 : Bankruptcy Act, 1883, a. 33 (2). 
 the Universities of Oxford and Cambridge 
 
8. THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 The writ is delivered to the returning officer or his deputy — (a) in the 
 Metropolitan District by the messenger of the Great Seal ; (b) outside 
 the Metropolitan District by the nearest postmaster or his deputy. 
 
 Note 1. — A vacancy in a particular seat may be caused by a 
 member accepting an office of profit from the Crown. The Speaker 
 may, during any recess, issue his warrant to the Clerk of the Crown 
 to make out a new writ for election of a member in the room of any 
 member who has, since the adjournment or prorogation, accepted 
 any disqualifying office, so soon as he shall have been gazetted 
 thereto in any of the King's gazettes, and notice thereof, together 
 ■yyith a copy of the gazette, shall have been sent to the Speaker by 
 a certificate under the hands of two members ; provided, however, 
 that the member accepting the office shall forthwith notify the 
 same to the Speaker either by writing under his hand or by counter- 
 signing the certificate. And the Speaker shall not issue his 
 warrant without such notification, and until six days after he shall 
 have caused notice of his having received the certificate and notifi- 
 cation to be inserted in the " London Gazette " (/). 
 
 The Speaker may, if it appears doubtful to him whether the 
 acceptance of the office vacates the seat, reserve the question for 
 the decision of the House instead of issuing his warrant {g). 
 
 Note 2. — By his being adjudicated a bankrupt. If a member of 
 the House of Commons be adjudged a bankrupt, he is thereby dis- 
 qualified for sitting or voting in the House, unless (a) the order for 
 adjudication is annulled, or (b) he obtains from the Court his 
 discharge, with a certificate to the effect that his bankruptcy was 
 caused by misfortune without any misconduct on his part(/t). No 
 such disqualification arising from bankruptcy shall, however, exceed 
 a period of five years from the date of the bankrupt's discharge (i). 
 
 If within six months from the date of the adjudication such 
 disqualification is not removed, the Court shall immediately after 
 such time certify the same to the Speaker, and thereupon the seat 
 of such member shall become vacant (k) and if the seat so becomes 
 vacant during recess, the Speaker shall forthwith, on receipt of 
 such certificate, cause notice thereof to be published in the " London 
 Gazette," and after the expiration of six days from the time of 
 such publication, shall (unless the House has met before that day, 
 
 (/) 21 & 22 Vict. c. 110, ss 1, 2 ; 26 & 27 Hundreds, of East Ilendred, Hempholme, 
 
 Vict. c. 20. The formal offices which Northstead, and the escheatorship of 
 
 members take in order to effect a resigna- Munster. 
 
 tion of their seats in Parliament are (//) 21 & 22 Vict. c. 110, s. 3. 
 
 ■excepted from the operation of the Acts. (A) Bankruptcy Act, lS83,s. 32 (1) (b). 
 
 See 21 & 22 Vict. c. 110, s. 4. These (0 Bankruptcy Act, 1890, s. 9. 
 
 offices are the Stewardships of the Chlltcrn (/ii) Bankruptcy Act, 1883, s. 33 (1). 
 
ELECTION ONLY HELD IN PURSUANCK OF A WRIT. 9 
 
 or will meet on the day of the issue) issue his warrant to the Clerk 
 of the Crown to make out a new writ(Z). 
 
 In the case of a Scotch seat the above provisions, in a slightly 
 altered form, are applicable (in). 
 
 In the case of an Irish seat, if a member of the House of 
 Commons be adjudged a bankrupt he shall remain during one year 
 from the date of adjudication incapable of sitting and voting, unless 
 within that time either the order of adjudication is annulled or the 
 creditors are fully paid or satisfied. If within such time the adjudi- 
 cation is not annulled or the debts paid or satisfied, the Court shall 
 immediately after such time certify the same to the Speaker, and 
 thereupon the seat of such member shall become vacant {mm). 
 
 Note S. — By his being disqualified ii-lieu elected. As to what 
 amounts to a disqualification, see Art. 1, supra, pp. 1 — 6. 
 
 Note 4. — By his being returned for more than one constituency. 
 When a member, before taking his seat, is returned for two or 
 more constituencies, he must elect to sit for one of them within 
 three weeks after the returns; provided that no petition has, in 
 the meanwhile, been presented against him. If either return has 
 been petitioned against, be cannot make his choice until the 
 petition is dismissed (»). 
 
 Note 5. — By his being unseated on petition. When a member is 
 unseated on petition, the motion may be made as soon as the House, 
 on being informed by the Speaker that he has received a certi- 
 ficate from the judge who tried the petition that such member was 
 not duly elected, recommends that " a new writ ought to issue " ; 
 provided that previous notice of such motion has been given in the 
 -votes (o). If, however, the notice should be dropped, it must be 
 renewed like other dropped notices (p). 
 
 Note 6. — By his expulsion. When the House resorts to the 
 ■extreme measure of expelling a member, reasonable notice is given 
 of the motion to be made for his expulsion on a day fixed ; and, if 
 possible, an order is served upon him to attend in his place on that 
 •day. But whether any service is effected or not, and whether he 
 attends or absents himself, the motion may be made when the day 
 arrives (q) . 
 
 (0 Tbid. s. 33 (2). («) Resolution of April 5, lSi8 ; May's 
 
 ()h) Bankruptcy Frauds and Disabilities Pari. Pract. 10th ed. 
 
 •(Scotland) Act, 1884, ss. .5, 6. (i>) -SVi^o, June 28, 18-18 ; 99 Hans,. ]2S!I. 
 
 (mm) Bankruptcy (Ireland) Amend- (j) Hans. 1187 ; IH ibid. 561 ; 184 ibid. 
 
 meat Act, 1872, s. 41. February 16, 1857. He is re-eligible im- 
 
 («) May's Pari. Pract. 10th ed. mediately : 38 Journal, 977. 
 
10 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Note 7. — The znit is delivered to the returning officer or his 
 deputy (a) in the Metropolitan District by the Messenger of the Great 
 Seal ; (b) outside the Metropolitan District by the nearest postmaster 
 or his deputy. In order that the post of&ce may be able to dehver 
 the writs, the returning officers are required to send their addresses 
 to the Postmaster-General. Those within the metropolitan area 
 must send their address to the Messenger of the Great Seal (r). 
 
 The officer receiving the writ must give to the person delivering 
 it a receipt in writing, setting forth the day and hour the writ was 
 delivered to him (?■). 
 
 With the object of obtaining freedom of election it is provided 
 by statute (s) that the Clerk of the Crown or other officer making 
 out any new writ shall, as soon as the writ has been made out, give 
 notice to the Secretary or Under-Secretary for War, and he to the 
 general commanding in the district, who is to see that no soldier 
 within two miles of the place of election or poll, other than any 
 soldiers attending as guards on his Majesty or employed or stationed 
 within the Bank of England, shall be allowed to go out of barracks 
 on the day of nomination or of polling, unless to mount or relieve 
 guard or give his vote at the election, and that, going out for such 
 purpose, he shall return with all convenient speed. 
 
 Aet. 3. — The Returning Officer. 
 
 In a county, county of a city, or county of a town, within the United 
 Kingdom, the sheriff for such county, county of a city, or county of a 
 toicn, is respectively the returning officer. In a division of any such 
 county, or county of a city or toivn, luhich is a separate constituency (t), 
 the sheriff of such county, county of a city or toivn is respectively the 
 returning offi,cer. 
 
 Where the sheriff is returning officer for more than one county, as defined 
 for the purposes of parliamentary elections — i.e., in counties divided 
 for the purpose of parliamentary representation— he may, by writing 
 tinder his hand, appoint a fit person to be his deputy for all or any 
 of the purposes relating to an election in any such county, and may, 
 by himself or such deputy, exercise any powers and do any things 
 which the returning officer is authorised or required to exercise in 
 relation to such election (u) . 
 
 Where -the sheriff of a county dies before the expiration of his year 
 of office or before he is laufully superseded, the under-sheriff by him 
 appointed shall nevertheless continue in office, and shall, until another 
 
 (r) 53 Geo. 3, o. 89. («) Ballot Act, 1872, s. 8 ; Rgdistribu- 
 
 («) 10 & 11 Vict. c. 21, ss. 2, 3, 4. tioii of Seats Act, 1885. 
 
 (0 2 & 3 Will, i, c. 45, s. 6i;. 
 
WHO MAY BE RETURNING OFFICER. 11 
 
 sheriff is appointed for the said county and lias made the declaration 
 of ojfice, execute the office of sheriff', in the name of the deceased 
 slurif, and be ansiverable for the execution of the said office as the 
 deceased sheriff ivoidd by latv have been if living (v). 
 
 Wiere the sheriff of a county of a city, or a county of a town 
 other than London, dies or becomes incapable of performing the duties 
 of his office, the council of the said city or town shall forthivith appoint 
 another fit person to execute the office {iv). 
 
 In English and Irish municipal boroughs, other than cities and 
 towns being counties of themselves, the mayor is the returning 
 officer {x). 
 
 If there are more mayors than one ivithin the boundaries of a 
 parliamentary borough, the ivrit is to continue to be directed to the 
 mayor of that one of the municipal boroughs to the mayor of which 
 it was directed before the j)assincj of the Redistribution of Seats Act, 
 1885, or if it lias not been directed to any such mayor, then to the 
 mayor of that one of the mimicipal boroughs which lias the largest 
 population according to the last census (y). 
 
 If, tvlien a mayor is required to act as returning officer, he is 
 absent, or incapable of acting, or there is no mayor, the council must 
 forthivith choose an alderman to be returning officer (z). 
 
 As regards non-municipal boroughs the returning officers for 
 certain of the boroughs created by the Puform Act, 1832, are given in 
 Schedules C. and D. to that Act ; as regards others it is provided that 
 the sheriff of the county, in ivhicli the ivliole or largest part of such 
 borough is situate, shall appoint a fit person to be returning officer. 
 The appointment is to be made under the hand of the sheriff in the 
 month of March in each year, and must be delivered to the clerk of 
 the peace for the county to be filed and preserved ivith the records of 
 his office (a). 
 
 In Irisli boroughs in which there is no mayor and wliich are not 
 counties of cities or towns, the returning officer is the sheriff of the 
 county in ivliich the whole or greatest part of the borough is situate {b). 
 In England and Ireland, ivhenever from temporary vacancy or 
 some other cause there is no person duly qualified to perjorm the duties 
 of returning officer for a borough, city, or town, the sheriff of the 
 county in which such place is situate is charged ivith the execution of 
 the wnt, and vmst do all things incidental to the office of returning 
 officer. He must not receive or execiite any writ, hoivever, unless there 
 
 (r) Sheriffs Act, 1887, s. 25 (1). (-) 4.". & 46 Vict. c. 50, s. 24-t (3) ; 
 
 (»(.) Ibid. 8. 36 (1). 3 & 4 Vict. c. 108, s. 84. 
 
 (./•) 45 & 46 Vict. c. 50, s. 244 (1) («) 2 & 3 Will. 4, c. 45, s. 11 ; 48 & 49 
 
 (England) ; 3 & 4 Vict. c. 108, s. 84 Vict. c. 23, s. 12 (3). 
 
 (Ireland). (i) 3 & 4 Vict. c. 108, s. 84 ; 22 Vict. 
 
 (y) 48 cV; 49 Vict. c. 23, s. 12 (4). c. 14, s. 1. 
 
12 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 shall be no person legally qualified and competent to aet as returning 
 officer in such borough (c). 
 
 No person in holy orders, nor any churchwarden or overseer of the 
 poor within the borough, can he nominated or appointed; and no 
 person nominated or appointed can be a churchwarden or overseer of 
 the poor within the borough while he shall be returning officer. 
 
 No person once a,ppointed a returning officer shall, after his office 
 has expired, be again compellable to serve as such for the same 
 borough (d). 
 
 And no person qualified to be elected to serve as a member of 
 Parliament shall be compellable to serve as a returning officer for any 
 borough for which he shall be appointed, if, within a iveek after notice 
 of such appointment, he shall make oath of his qualification before a 
 magistrate, and shall forthwith notify the same to the sheriff {d). 
 
 A person once appointed cannot resign apart from-the provision last 
 mentioned. He is compellable to serve xvntil the end of the current 
 year, unless incapacitated by illness or other sufficient cause (e). 
 
 In Scotland the sheriff of the county is the returning officer for the 
 parliamentary burghs within his county. 
 
 The returning officers for the various districts of burghs are specified 
 in Schedule L. of the Scotch Reform Act of 1832. 
 
 In a Scotch city, burgh or town, the returning officer is the sheriff of 
 the county witliin tvldch the city, burgh or town is situated, and in a 
 Scotch district of cities, burghs or towns, the returning officer is the 
 sheriff specified in Schedule L. of the Scotch lieform Act, 1832 (/). 
 
 In the Universities of Oxford and Cambridge (g), and London (li), the 
 returning officer is in each case the Vice -Chancellor, and in the Univer- 
 sity of Dublin the provost (i). In the joint constituency of the 
 Universities of Edinburgh and St. Andrews the returning officer is 
 the Vice-Chancellor of the University of Edinburgh, and in that of the 
 Universities of Glasgoiv and Aberdeen the Vice-Chancellor of the 
 University of Glasgoiu (k), and in either case if the Vice-Chancellor is 
 absent or absent or incapacitated by illness, or the office is vacant, the 
 duties shall be discharged by a person appointed for that imrpose by 
 the University {I). 
 
 The return is made by a certificate of the name of the member or mem- 
 bers elected, endorsedhy the returning officer on the writ of election {m). 
 
 .S-''^}'!^f^^^^^'^'^^-^-"'''^-'^(J'^S'^^^'^'); provost is mentioned as the returning 
 
 V JN o Vw'\S^ ' ^- ^ 0''<^^^nd). officer in the University Voting Papers Act. 
 
 y} 7t- , J^, J • *' "^^ "'■"'' ^- ^^- CO Representation of the People (^cot- 
 
 ((!) n«/,r^«Z<Z. Bar. &Aust. 271. land) Act, lS(iS 
 
 (/) 2 & 3 Will. 4, c. 6.5, s. 28. (0 Ihid. s. 41. 
 
 ^■?^. intllTr''';''-^,*^'-^-., ^"') Ballot Act, 1872, v. 44. Home 
 
 C/t) 30 & il Vict. c. 102, s. 41. Office Abstract, par. 45 ; as to Scotland, 
 
 (I) 1 here IS no statutory provision on see 2 & 3 "Will. 4 c 65 s 34 
 
 the point apart from the fact that the > ■ , . . 
 
DUTIES AND RIGHTS OF RETUENING OFFICER. 13 
 
 In Irish elections, in addition to the names of the candidates, the 
 number of the votes cfiven for each candidate nmst also be endorsed on 
 the writ (o). 
 
 Note. — Duties and rights of the returninci officer. The returning 
 officer is bound, under stringent penalties, to make a true return. 
 
 Every returning officer in England and Wales who wilfully 
 makes a return contrary to the last determination of the House of 
 Commons respecting the right of election in the place concerned, is 
 to be adjudged guilty of a false return {p ) ; and is liable, together 
 with those who procure it to be made, to be sued, within two years 
 after the cause of action arises, in any of the superior courts for 
 double damages and full costs of suit, by any person duly elected 
 at the election (17). In Carnarvon {r), where the returning officer 
 made a colourable majority by adding up the tendered and 
 disallowed votes together with those which were allowed, the 
 return was in consequence pronounced fraudulent (r). A returning 
 officer is also liable to the penalty mentioned above if he wilfully, 
 falsely, and maliciously return more persons than are required to- 
 be chosen by the writ (s). 
 
 Further, if a returning officer wilfully delays, neglects, or refuses- 
 duly to return any person, such person may, after obtaining a 
 decision on the hearing of an election petition under the Parliamen- 
 tary Elections Act, 1868, that he ought to have been returned, sue 
 the returning officer and recover double damages, with costs of the 
 action ; provided that the action is commenced within a year of the 
 offence complained of, or within six months after the conclusion of 
 the trial of the election petition (i). 
 
 The returning officer is liable, in England, in common with other 
 persons, to forfeit £100 for any wilful breach of any of the pro- 
 visions in the Parliamentary Eegistration Act, 1843 {u), and by 
 sect. 11 of the Ballot Act, 1872, every returning officer, presiding 
 officer, and clerk, who is guilty of any wilful act or omission in 
 contravention of the Ballot Act, is liable, in addition to any penalty^ 
 to forfeit £100 {x). 
 
 The action can only be brought after an election petition has- 
 been tried under the Parliamentary Elections Act, 1868 (jj). If, 
 therefore, an election is now inquired into by a select committee of 
 the House of Commons it would seem that no action could b& 
 
 («) 1 Geo. i, c. 11, ». 4 ; 1 Geo. i, c. 55, (i) 31 & 32 Viet. c. 125, s. 48. 
 
 s_ 71_ (?() S. 97 ; as to Ireland see 13 & 14 
 
 ' («) 7 & 8 Will. 3, c. 7, B. 1. Vict. c. 69, ^j. 103. 
 
 (ff) IMd. ss. 2, 6. («) Pickering v. James (1873), L. E. 8 
 
 00 P. & K. lOG ; C. & E. 127. C. P. 489. 
 
 (») 7 4; 8 Will. 3, c. 7, s. 3. (y) See s. 48 of that Act. 
 
14 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 brought against a returning officer, for an action will not He at 
 common law either for a double or a false return {z). 
 
 Charges of the returning officer. — By the combined effect of the 
 Ballot Act, 1872, ss. 1, 8, and the Eeform Act, 1832, s. 71, the 
 reasonable charges of the returning officer are to be paid him in 
 equal shares by the candidates ; but they must not exceed the sum 
 mentioned in the 1st Schedule to the Eeturning Officers Act, 1875, 
 as amended by the Eeturning Officers Act, 1885. He cannot, 
 except as mentioned below, insist on having security for such 
 expenses given to him by the candidate as a condition precedent to 
 allowing him to be put in nomination : where, therefore, a candidate 
 refused to give such security, and the returning officer thereupon 
 disregarded his nomination and declared his opponent elected, the 
 ■election was set aside (a). 
 
 Now, however, by the Eeturning Officers Act, 1875, s. 3, he may, if 
 he think fit, require candidates to give security to an amount fixed 
 by the statute within an hour of the close of the time fixed for the 
 nomination ; and in such a case if the candidate fail to give such 
 security he shall be deemed to be withdrawn {h). 
 
 Claims against the candidate. — Within twenty-one days after the 
 •day on which the return is made of the persons elected the return- 
 ing officer is required to transmit to the election agent of each 
 candidate, or other person from whom he claims payment, either 
 out of any deposit or otherwise, of any charges in respect of the 
 •election, a detailed account (c) showing the amount of all the charges 
 claimed by him in respect of the election, and the share which he 
 claims from the person to whom the account is transmitted [d). 
 
 The returning officer must annex to the account a notice of the 
 place where the vouchers relating to the account may be seen, and 
 must at all reasonable times, and without charge, allow the person 
 from whom payment is claimed, or his agent, to inspect and take 
 •copies of the same. 
 
 The returning officer is not entitled to any charges which are not 
 •duly included in the account (e). 
 
 In Scotland the ballot-boxes, stamping instruments, and other 
 requisites for a parliamentary election shall be provided and paid 
 for in the same manner as polling rooms or booths under 3 & 4 
 Will. 4, c. 65, s. 40, and the reasonable remuneration of presiding 
 •officers, assistants, and clerks employed by the returning officer at 
 
 (2-) ^cr)iflr&toHev.>S07?;e, (1673)2 Lev. 41 & 42 Vict. c. 41, s. 3 ; 48 & 49 Vict. 
 
 114 ; Prideiiu v. Morrice, (1702) 7 Mod. 14.1 c 62. 
 
 (a) Haries v. Lord Kensington (19,1 i-), (c) This account need not be trans- 
 
 L. E. 9 C. P. 720. mitted to the candidate : Corrupt Prac- 
 
 (S) See p. 299, infra. The above pro- tices Act, 1883, s. 32 (2). 
 
 ■vision applies to England and Ireland ; {d) Returning Officers Act, 1875, s. 4. 
 
 .a provision as to Scotland is made by (/) Ibid. 
 
DUTIES AND EIGHTS OF RETURNING OFFICER. 15 
 
 such an election, and all other expenses properly incurred by the 
 returning officer, and by sheriff clerks and town clerks, in carrying 
 into effect the provisions of this Act, shall be paid by the candi- 
 dates : provided always, that if any person shall be proposed as a 
 candidate without his consent the person so proposing him shall be 
 liable to defray his share of all those expenses in like manner as if 
 he had been a candidate himself; provided also, that the fee to be 
 paid to each presiding officer shall in no case exceed the sum of 
 three guineas per day, and the fee to be paid to each assistant to 
 the returning officer shall not exceed two guineas per day, and the 
 fee to be paid to each clerk shall not exceed one guinea per day (/). 
 
 In Ireland no returning officer can claim any sum of money for 
 the erection of polling booths or stations and compartments other 
 than the sum or 'sums actually and necessarily incurred and paid 
 by him in reference to the same, and the expenses of providing 
 sufficient polling stations or booths and compartments at every 
 polling place must not exceed the sum or sums now given and 
 allowed by statute in Ireland (g). 
 
 Claims against the returning officer. — A notification is added to 
 the notice of election to the effect that all persons having claims 
 against the returning officer in connection with the election (except 
 the publication of the accounts of election expenses) must send 
 detailed particulars of such claim to the returning officer in writing 
 within fourteen days after the day on which the return is made. 
 The returning officer is not liable in respect of anything which is 
 not duly stated (h). 
 
 Publication of sumtnary of return of election expenses. — The 
 returning officer at an election, within ten days after he receives 
 from the election agent of a candidate a return respecting election 
 expenses, must publish a summary of the return in not less than 
 two newspapers circulating in the county or borough for which 
 the election was held, accompanied by a notice of the time and 
 place at which the return and declarations (including the accom- 
 panying documents) can be inspected, and may charge the candi- 
 date in respect of such publication, and the amount of such charge 
 is the sum allowed by the Eeturning Officers Act, 1875 (i). 
 
 The return and declarations (including the accompanying docu- 
 ments) sent to the returning officer by an election agent must 
 be kept at the office of the returning officer, or some convenient 
 place appointed by him, and must at all reasonable times during 
 two years next after they are received by the returning officer be 
 
 (/) Ballot Act, 1872, s. 16 (5). (/i) Eeturning Officers Act, 1875, 2nd 
 
 (j7) 35 & 36 Vict. c. 33, s. 17 (4) ; Schedule. 
 Eeturning Officers Act, 1875, Sohed. 1. (i) Corrupt Practices Act, 1888, s. 31 (1). 
 
16 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 open to inspection by any person on payment of a fee of one shilling, 
 and the returning ofBcer shall on demand furnish copies thereof or 
 any part thereof at the price of twopence for every seventy-two 
 words. After the expiration of the said two years the returning 
 officer may cause the said return and declarations (including the 
 accompanying documents), to be destroyed, or, if the candidate 
 or his election agent so require, must return the same to the 
 candidate (k). 
 
 See further as to the duties of the returning officer, pp. 26 — 32, 
 infra. 
 
 Art. 4. — Notice, Time, and Place of Election. 
 
 Tlie returning officer must in the case of a county election within 
 tuo days after the day on ivhich he receives the writ, and in the case 
 of a borough election on the day on tvhich lie receives the tvrit or on 
 the folloioing day, give public notice, between the hours of 9 a.m. and 
 4 p.m., of the day on which and the place at which he will proceed to 
 an election, and of the time appointed for the election, and oj the day 
 on which the poll ivill be taken in case the election is contested, and of 
 the time and place at which forms of nomination papers may be 
 obtained, and in the case of a county election shall send one of such 
 notices by post, under cover, to the postmaster of the principal post 
 office of each polling place in the county, endorsed with the words 
 " Notice of election," and the same shall be forwarded free of charge ; 
 and the postmaster receiving the same must forthivith publish the 
 same in the manner in ivhich post-office notices are usually 
 published (Z) . 
 
 The day of election must be fixed by the returning officer as follows ; 
 that is to say, in the case of an election .for a county or a district 
 borough not later than the ninth day after the day on which he receives 
 the writ, tvith an interval of not less than three clear days between the 
 day on ivhich he gives the notice and the day of election ; and in the 
 case of an election for any borough other than a district borough not 
 later than the fowrth day after the day on which he receives the writ, 
 with an interval of not less than two clear days between the day on 
 which he gives the notice and the day of election (m). 
 
 The time appointed for the election shall be such two hours between 
 the hours of 10 a.m. and 3 p.m. as may be appointed by the returning 
 officer, and the returning officer must attend during those two hours 
 and for one hour ajter (n). 
 
 (/O Corrupt Practices Act, 1883, s. for the Wick district of burghs are still 
 
 M T! 11 t A * lo-n c , J , governed by the Scotch Reform Act, 1832, 
 
 2^ 7 i -i o ' t1^' ^''^'^^ ^ ' "•■ ^- . '■^^^ W''"- *■ «• 65. ss. 28, 30, 81 ; 35 & 36 
 
 (jii) lbid.M.2. The days of nomination Vict. c. 33, Sched. 1 !■ 61 
 and polling for Orkney and Shetland and («) Ihid. r. i. 
 
NOTICE, TIME, AND PLACE OF ELECTION. 17 
 
 III a county which is not divided by the RedistribiUion of Seats Act, 
 1885, the place of election is to be a convenient room situate in the 
 town in lohich such election would have been held if that Act had not 
 been passed, or, where the election ivould not have been held in a town, 
 then situate in such town in the county as the returning officer may 
 from time to time determine as being in his opinion most convenient 
 for the electors (o). 
 
 In a division of a county, except in Ireland, the place of election is to 
 be in such toivn situate in such county at large, or in a county or city 
 of a town adjoining thereto, as the local authority having power to divide 
 the division into polling districts, or in default of any determination 
 by such local authority the returning officer, may from time to time 
 determine as being Jhe most convenient for the purposes of election (p). 
 
 hi a division of a county in Ireland the place of election must be 
 fixed by the returning officer, and must be situate within the division 
 or ivithin the county of a city or town adjoining such division (p). 
 
 In a borough or division of a boroiyli the place of election is to be 
 such room in the borough as the returning officer may determine. 
 
 In Scotland the place of election is to be a convenient room in the 
 town in which the icrit tvould have been proclaimed if the Ballot Act 
 had not passed (q). 
 
 A nomination is not to be made, nor an election holden,for any city 
 or borough in any church, chapel, or other place oj public worship (r). 
 
 At the Universities of Oxford and Cambridge notice of the time and 
 place of elections must be publicly given by the Vice-Chancellor, on 
 receipt of the writ, at the usual place or places between the hours of 
 8 a.7n. and 4 p.m., from October 25 to March 25, and between the hours 
 of 8 a.m. and 6 p.m. from March 25 to October 25 inclusive (s). 
 
 At the University of London the Vice-Chancellor must give notice by 
 proclamation of the time and place of election, ivhich shall be within 
 six days after the receipt of the writ, and such notice shall be three 
 clear days before such election, exclusive of the day of proclamation 
 and the day of election (t) . 
 
 At the Scotch Universities the returning officers must give notice 
 within three days of the receipt of the writ of the time and place for 
 holding the election. Notice is given by advertisement in such news- 
 papers as the returning officer shall deem expedient, and also by sending, 
 within such time, written notice to the Vice-Chancellors of the Univer- 
 sities of St. Andrews and Aberdeen, for elections for the Universities 
 of Edinburgh and St. Andreivs and of Glasgoiu and Aberdeen 
 respectively (m). 
 
 ((>) Ballot Act. 1872, Sched. 1, r. 3. (r) Reform Act, 1832, s. 68. 
 
 (/)) Eedistributiou of Seats Act, 1885, («) 33 Geo. 3, c. 64. 
 
 s. 16 (1). (0 30 & 31 Vict. c. 102, s. 42. 
 
 (?) Ballot Act, 1872, Sched. 1, r. 58. 00 31 & 32 Vict. c. 48, s. 37. 
 
 L.E. C 
 
18 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 For the Universities of Oxford and Cambridge, the Vice-Chancellor 
 has poiver to appoint a number of polling places not exceeding three in 
 addition to the House of Convocation or Senate House, and to direct at 
 which of such polling places the members of convocation and of the 
 senate, according to their colleges, shall vote (x). 
 
 For the University of London and the Scotch Universities there is 
 to be one place only, which the Vice-Chancellors of these Universities 
 are to appoint (y). 
 
 Aet. 5. — Nomination of Candidates. 
 
 A candidate for election to serve in Parliament for a county or 
 borough must be nominated in writing {z). The writing must be sub- 
 scribed by two registered electors of such county or borough as proposer 
 and seconder, and by eight other registered electors of the same county 
 or borough as assenting to the nomination, and must be delivered during 
 the time appointed ;f or the election to the returning officer by the candi- 
 date himself, or his proposer or seconder {z). 
 
 If at the expiration of one hour after the time appointed Jor the 
 election no more candidates stand nominated than there are vacancies 
 to he filled up, the returning officer must forthwith declare the candi- 
 dates who may stand nominated to be elected, and return their names to 
 the Clerk of the Crown in Chancery ; but if at the expiration of such 
 hour more candidates stand nominated than there are vacancies to be 
 Jilled up, the returning officer must adjourn the election and must take 
 a poll{z). 
 
 If the election is contested the returning officer must, as soon as 
 jpracticable after adjourning the election, give public notice of the day 
 on which the poll will he taken, and of the candidates described as in 
 their respective nomination papers, and of the names of the persons who 
 subscribe the nomination paper of each candidate, and oj the order in 
 which the names of the candidates will be printed in the ballot paper, 
 and, in the case of an election for a county, deliver to the postmaster 
 of ike principal post office of the town in 2vhich is situate the place of 
 election a paper, signed by himself, containing the names of the candi- 
 dates nominated, and stating the day on which the poll is to be taken, 
 and the postmaster must forward the information contained in such 
 paper by telegraph, free of charge, to the several postal telegraph offices 
 situate in the county for ivhich the election is to be held, and such 
 information must be published forthwith at each such office in the 
 manner in which post office notices are usually published (a). 
 
 (») Parliamentary Elections Act, 1853, sitv of Dublin. 
 
 ^•^\„. , ^ («) Ballot Act, 1872, s. 1. 
 
 Cy) Ihere has never been any provision (a) BaUot Act, 1872, Sched. 1, r. 9. 
 fixing tlie place of polling for the Univer- 
 
NOMINATION OF CANDIDATES. 19 
 
 With regard to University elections (6), there is no nomination by 
 nomination papers, but each candidate is proposed and seconded orally 
 at the hustings by a proposer and seconder, in the same manner as at 
 county and borougli elections before the Ballot Act, 1872. If there 
 are no more candidates than there are vacancies, then each candidate 
 nominated should he returned. If there are more candidates nominated 
 than there are vacancies, then it is the duty of the returning officer to 
 call for a shore of hands, and to announce in whose favour the show oj 
 hands is. If thereon no candidate or agent of a candidate demands a 
 j)oll, it is the duty of the returning officer to return the candidate or 
 candidates in favour ofivhom the shou) of hands is decided. If a poll is 
 demanded, the duty of the returning officer is to adjourn the election for 
 the purpose of taking a poll. 
 
 At the University of London (c) the nomination must be held witldn 
 six days after the receipt of the writ{d). 
 
 At the Scotch Univei'sities the nomination must be not less than 
 three and not more than six clear days after the day on which the tcrit 
 is received (e). 
 
 The nomination for the Universities of Edinburgh and St. Andrews 
 shall be held in Edinburgh, and for those of Glasgow and Aberdeen in 
 Glasgotv(f). 
 
 Note 1. — Must be nominated in icriting. Each candidate must 
 be nominated by a separate nomination paper, but the same 
 electors or any of them may subscribe as many nomination papers 
 as there are vacancies to be filled, but no more (g). 
 
 The nomination paper must be fully filled in before it is sub- 
 scribed by anyone {h). 
 
 Where there were four vacancies to be filled, and an elector 
 subscribed four nomination papers, which were duly delivered to 
 the returning officer, and then a fifth, which was also duly delivered 
 to him, the court held that the first four nomination papers were 
 valid, but that the fifth was not (i). 
 
 Each candidate must be described in the nomination paper in 
 
 (J) As to these the old law of nomina- BallotAct, 1872, Fitzgerald, J., appeared to 
 
 tion still exists . Ballot Act, 1872, e. 31 ; think that holding the election on a day 
 
 Returning Olficers Act, 1875, ». 8. other than that directed by law would 
 
 (c) There does not appear to be, at not avoid the election, 
 present, any time fixed by statute for (/) Kepresentation of People (Scot- 
 holding the nominations for the Univer- land) Act, 1868, s. 37. As regards elec- 
 sities of Oxford and Cambridge, as the tions at the other Universities, there are 
 3rd section of 16 & 17 Vict. c. 68, which no provisions as to the place for holding 
 formerly regulated such time, is repealed the nominations, 
 by the BaUot Act, 1872. (?) Ballot Act, 1872, Sched. 1, r. 5. 
 
 (ct) Representation of People Act, 1867, (A) Herman v. Park (1881), 7 Q. B. D. 
 
 s. 42. 369 ; Cox v. Bavies [1898], 2 Q. B. 202. 
 
 (c) Representation of People (Scotland) (i) Burgoijm v. Collins (1882), 8 Q. B. D. 
 
 .\ct, 1868, s. 37. In Longford (1870), 2 450. 
 -0. & H. 78, which was tried before the 
 
 c 2 
 
20 THE LAW OP PARLIAMENTARY ELECTIONS. 
 
 such manner as in the opinion of the returning officer is calculated 
 to sufficiently identify such candidate ; the description must include 
 his names, his abode, and his rank, profession, or calling, and his 
 surname must come first in the list of his names (A;). No objection 
 to a nomination paper on the ground of the description of the 
 candidate therein being insufficient, or not being in compliance 
 with this rule, shall be allowed or deemed valid, unless such objec- 
 tion is made by the returning officer, or by some other person, at 
 or immediately after the time of the delivery of the nomination 
 paper (l). 
 
 The returning officer must supply a form of nomination paper 
 to any registered elector requiring the same during such two hours 
 as the returning officer may fix, between the hours of ten in the 
 morning and two in the afternoon on each day intervening between 
 the day on which notice of the election was given and the day of 
 election, and during the time appointed for the election; but 
 provided that the nomination paper is in the form prescribed by 
 the Ballot Act, 1872, it need not be a nomination paper supplied by 
 the returning officer (?«.). 
 
 The nomination papers must be delivered to the returning officer, 
 at the place of election during the time appointed for the elec- 
 tion ; and the candidate nominated by each nomination paper, and 
 his proposer and seconder, and one other person selected by the 
 candidate, and no person other than aforesaid shall, except for the 
 purpose of assisting the returning officer, be entitled to attend the 
 proceedings during the time appointed for the election («). 
 
 The returning officer must on the nomination paper being 
 delivered to him, forthwith publish notice of the name of the 
 person nominated as a candidate, and of the names of his proposer 
 and seconder, by placarding or causing to be placarded the names 
 of the candidate and his proposer and seconder in a conspicuous 
 position outside the building in which the room appointed for the 
 election is situate (o). 
 
 A person is not entitled to have his name inserted in any ballot 
 paper as a candidate unless he has been nominated in the manner 
 above described, and every person whose nomination paper has been 
 delivered to the returning officer during the time appointed for the 
 election is deemed to have been nominated in manner above 
 described, unless objection be made to his nomination paper by the 
 
 (70 Ballot Act, 1872, Sohed. 1, r. 6. 23 Q. B. D. 136 ; Marton v. Oomll, ibid. 
 
 Ihere have been numerous decisions 139, and cases there cited, 
 on the meaning of words similar to but (Q Ballot Act, 1872, Sched. 1, r. 6. 
 
 not exactly the same as these in other (to) Ibid. r. 7. 
 
 Acts; see JBowden v. Sesley (1888), 21 (ji) Jbid.i: 8 
 
 Q. B. D. 309 ; OUdhill v. Crowther (1889), (o) lUd. r 11 
 
NOMINATION OF CANDIDATES. 21 
 
 returning officer, or some other person, before the expiration of the 
 time appointed for the election or within one hour afterwards (p). 
 
 The returning officer decides on the validity of every objection 
 made to a nomination paper, and his decision, if disallowing the 
 objection, shall be final ; but, if allowing the same, is subject to 
 reversal on petition questioning the election or return (q). 
 
 The returning officer's duty in this matter is limited to objections 
 made to the nomination paper; thus, he has no jurisdiction to entertain 
 an objection that the nomination paper has not been delivered 
 in time (t), and he has no power to deal with an objection to the 
 qualification of the candidate (tt). But if a nomination paper appears 
 on the face of it to be an abuse of the right of nomination, e.g., if it 
 purports to nominate a woman, the returning officer should reject 
 it (,r). 
 
 When the returning officer has considered the objection to the 
 nomination paper, and decided that such objection is invalid, the 
 candidate is duly nominated, though he be disqualified and may 
 be unseated on petition (u). 
 
 " ' Nominated ' means duly nominated, and none but duly nomi- 
 nated candidates should be allowed to go to the poll " (y). 
 
 If the name of a candidate who has withdrawn after nomination 
 is printed in the ballot papers, and votes are consequently wasted, 
 the election would be void (z). 
 
 On the other hand, provided that the nomination paper 
 is in the form required by the Ballot Act, 1872, the return- 
 ing officer is bound to accept and act upon it. Thus, in 
 Davies v. Lo'd Kensington (a), the plaintiff was nominated in 
 due form, but the returning officer refused to accept the nomina- 
 tion because the plaintiff would not pay the returning officer's 
 expenses or find security for them. In consequence the court held 
 that the election was void. So, too, in Mayo (h) the returning 
 officer refused to accept or act upon the nomination of the peti- 
 tioner on the ground that he had not appointed an expense agent 
 and given due notice thereof to the returning officer on or before 
 the day of nomination. The election was held void, Morris, J., 
 observing (c) that the objections raised had just as much to do 
 with the case " as if the petitioner wore a white hat or had fur on 
 
 (jD) Ballot Act, 1872, Sched. 1, r. 12. 862. 
 
 ((/) Ibid. 1-. 13. (V) Per Archibald, J., in Monks v. 
 
 (0 Howes V. U'lO'ne.r (1876), 1 C. P. D. Jackumi (1876), 1 C. P. D. at 690. 
 
 671 ; (■/. Monks v. .Jackson, ibid. 683. (-) Wilson v. Ingham (1895), 64 L. J. 
 
 (^0 Pritchard v. Miiyor of Bangor Q. B. 775 ; 72 L. T. 796. 
 
 (l.s,S8), 13 A. C. 251, 257 (H. L.). (a) (1874), L. R. 9 C. P. 729. 
 
 (m) Pritchiird v. Mayor of Bangor (*) (1874), 2 0. & H. 191. 
 
 (1888), 13 A. C. 241 (H. L.). (c) (1874), 2 0. & H. 194. 
 
 (.r) Harford v. Linslwy [1899], 1 Q. B. 
 
22 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 his coat." " A party is put in nomination ; the sheriff (returning 
 officer) has the fullest power under the Act of Parliament of investi- 
 gating his nomination paper, and seeing that he was properly 
 nominated and seconded, and there his control ends ; he has only 
 to go on with the election " (d). 
 
 Note 2. — Must be delivered to the returning officer by the candidate 
 himself or his proposer or seconder. In Monks v. Jackson {e) a 
 nomination paper delivered hy a person who was not the candidate, 
 nor his proposer, nor seconder, was held to be void. 
 
 Art. 6. — "Withdrawal or Death of Candidate pending 
 
 Election. 
 
 A candidate may, during the time appointed for the election, hut not 
 afterwards, withdraw from his candidature by giving a notice to that 
 effect, signed by him, to the returning officer ; but the proposer of a 
 candidate nominated in his absence out of the United Kingdom may 
 tvitlidraw such candidate by a lontten notice signed by him ami 
 delivered to the returning officer, together ivith a ivritten declaration 
 of such absence of the candidate (/). 
 
 If after the adjournment of an election by the returning officer for 
 the purpose of taking a poll one of the candidates nominated shall die 
 before the poll has commenced, the returning officer must, upon being 
 satisfied of the fact of such death, countermand notice of the poll, and 
 all the proceedings u'ith reference to the election shall be commenced 
 afresh in all respects as if the writ had been received by the returning 
 officer on the day on tvhich proof ivas given to him of such death ,- pro- 
 vided that no fresh nomination shall be necessary in the case of a 
 candidate who stood nominated at the time of the countermand of 
 the foil if). 
 
 Note 1. — If any candidate nominated during the time appointed 
 for the election is withdrawn, the returning officer must give public 
 notice of the name of stich candidate, and the names of the persons 
 who subscribed the nomination paper of such candidate, as well as 
 of the candidates who stood nominated or were elected (g). 
 
 Note 2. — If . . . one of the candidates nominated shall die before 
 the poll has commenced, the returning officer must . . . countermand 
 the poll. If in these circumstances the returning officer does not 
 countermand the poll, a mandamus will lie to compel him to 
 do so (/«). 
 
 W ff Morris, J., in 2{„.yo (1874), 2 0. (.,;) IMd. Sched. 1 , r. 10. 
 
 5) 0876), 1 C. P. D. 083. J'^ '''"'""""' "^ ^'^""''^ ^^^''^' ' «• ^^ 
 
 (/) Ballot Act, 1872, s. 1. 
 
THE POLL. 23 
 
 Art. 7.— The Poll. 
 
 At every election for a county or borough, the poll must take place 
 on such day as the returning officer may appoint, not being in the case 
 of an election for a county or a district borough less than two nor 
 more than six clear days, and not being in the case of an election for 
 a borough other than a district borough more than three clear days, 
 after the day fixed for the election (t). 
 
 It must commence at 8 a.m., and be kept open till 8 p.m. of the same 
 day, and no longer (k). 
 
 The votes must be given by ballot. The ballot of each voter consists 
 of a paper called a ballot paper, showing the names and description of 
 the candidates. Each ballot paper must have a number printed on the 
 back, and must have attached a counterfoil with the same number 
 printed on the face. At the time of voting the ballot paper must be 
 marked on both sides with an official mark, and delivered to the voter 
 within the polling station, and the number of such voter on the register 
 of voters must be marked on the counterfoil, and the voter having 
 secretly marked his vote on the paper, and folded it up so as to conceal 
 his vote, must place it in a closed box, called a ballot box, in the pre- 
 sence of the officer presiding at the polling station, called the presiding 
 officer, after having shown to him the official mark at the back (m). 
 
 It is the duty of every returning officer to provide such nomination 
 papers, polling stations, ballot boxes, ballot papers, instruments fin- 
 stamping thereon the official marks, copies of register of voters, materials 
 for voters to mark the ballot papers, and forms of directions for the 
 guidance of the voter in voting, and to appoint and pay such officers, 
 and do Siich other acts and things as may be necessary for effectually 
 conducting an election in manner provided by the Ballot Act, 1872 (;t)' 
 
 After the close of the poll the ballot boxes must be sealed up, so as to 
 prevent the introduction of additional ballot papers, and must be taken 
 charge of by the returning officer, and that officer must, in the presence 
 of such agents, if any, of the candidates as may be in attendance, open 
 the ballot boxes, and ascertain the residt of the poll by counting the 
 votes given to each candidate (hi). 
 
 Any ballot paper which has not on its back the official mark, or on 
 
 which votes are given to more candidates than the voter is entitled to 
 
 vote for, or on which anything, except the said number on the back, is 
 
 written or marked by ivhich the voter can be identified, shall be void 
 
 and not counted {o). The decision of the returning officer as to any 
 
 question arising in respect of any ballot paper is final, subject to reversal 
 
 on petition questioning the election or return (o). 
 
 (i) Ballot Act, 1872, Sohed. 1, i. 14. («) Hid. s. 8 ; Sched. 1, i. 20. 
 
 (A) 48 Vict. c. 10, s. 1. (») Ballot Act, 1872, s. 2. 
 
 C«0 Ballot Act, 1872, s. 2. 
 
24 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Where an equality of votes is found to exist between any candidates 
 at an election for a county or borough, and the addition of a vote 
 would entitle any of such candidates to be declared elected, the 
 returning officer, if a registered elector of such county or borough, may 
 give such additional vote, but shall not in any other case be entitled to 
 vote at an election for which he is returning officer (q). 
 
 After ascertaining the result of the poll as aforesaid, the returning 
 officer must forthwith declare to be elected the candidates or candidate 
 to whom the majority of votes have been given (q). 
 
 The above provisions do not apply to University elections (r). At 
 the Universities of Oxford and Cambridge the polling must not continue 
 for more than five days, Sunday, Christmas Day, Good Friday, and 
 Ascension Day being excluded (s) ; and the poll must be kept open each 
 day during seven hours at least between the hours of 8 a.m. and 
 8p.m. (t). 
 
 At the Univej'sity of London (;•) and at the Scotch Universities (u) 
 the polling must commence at 8 o'clock in the morning of the day fixed 
 for the commencement of tlie polling, and may not continue more than 
 five days, Sunday, Christmas Day, Ascension Day, and Good Friday 
 excluded ; hit no poll shall be kept open later than 4 o'clock p.m. {uu) . 
 
 The result of the election (1) Jor the Universities of Oxford and 
 Cambridge is to be declared fairly and pidilicly, either immediately 
 after or on the day next after the final close of the poll (v), and (2) for 
 the University of London is to be declared not later than 2 p.m. on 
 the day following the close of the poll (iv). 
 
 At the Scotch Universities, as soon as the poll is closed the poll 
 books must be delivered by the pro-Vice-Chanc.ellor to the Vice-Chan- 
 cellor of his University ; and the Vice -Chancellors of St. Andreiv's and 
 Aberdeen respectively shall, on receiving such poll books, immediately 
 transmit them to the Vice-Chancellor ivho is Returning Officer, and 
 such Vice-Chancellor shall, within three days after such poll books have 
 been received by him, in presence of the candidates or of any agents 
 appointed by them, cast up the number of votes, and foi'thwith publish in 
 the "Edinburgh Gazette " the name of the successful candidate {x). 
 
 Note 1. — Polling station. At every polling place the returning 
 officer must provide a sufficient number of polling stations for the 
 accommodation of the electors entitled to vote at such polling place, 
 
 (i/) Ballot Act, 1872, s. 2. fixed for the commencement of the polling 
 
 ()•) 30 & 31 Vict. c. K)2, s. 43. on any day after the first. The direction 
 
 (s) 16 &; 17 Vict. c. 08, s. i. ' as to the first day was, however, probably 
 
 (0 2.T Geo. 3, c. 84, s. 3. intended to apply to the other days. 
 
 C«) 31 & 32 Vict. c. 48. s. 39. (u) 25 Geo. 3, c. 84, s. 3. 
 
 {uu) The last-mentioned limitation is (ly) 30 & 31 Vict. o. 102 s. 44 
 
 applicable to each day, but no hour is {*) 31 & 32 Vict. u. 48, s. 39 (3). 
 
POLLING STATION. 25 
 
 and must distribute the polling stations amongst those electors in 
 such manner as he thinks most convenient, provided that in a 
 district borough there must be at least one polling station at each 
 contributory place of such borough {y). 
 
 The returning officer may use, free of charge, for the purpose 
 of taking the poll, any room in a school receiving a grant out of 
 moneys provided by Parliament, and any room the expense of 
 maintaining which is payable out of any local rate, but he shall 
 make good any damage done to such room, and defray any expense 
 incurred by the person or persons having control over the same 
 on account of its being used for the purpose of taking the poll {z). 
 
 No poll at any election is to be taken in any church, chapel, or 
 place of public worship {a), nor, except by the consent of all the 
 candidates in writing, in any inn or other place licensed for the 
 sale of wine, beer, or spirits, or any place connected therewith {h). 
 
 Each polling station must be furnished with such number of 
 compartments, in which the voters can mark their votes screened 
 irom observation, as the returning officer thinks necessary, so that 
 at least one compartment be provided for every 150 electors entitled 
 to vote at such polling station (c). 
 
 In Drogheda (d) it was contended that the election was void by 
 reason of the arrangement of the polling stations. The compartment 
 was a room separated from that in which the presiding officer sat 
 by a passage to which the public had access. The Court was equally 
 divided as to whether this was such a breach of the Ballot Act as 
 to render the election void. 
 
 A separate room or separate booth may contain a separate polling 
 station, or several polling stations may be constructed in the same 
 room or booth (e) . 
 
 No person is to be admitted to vote at any polling station except 
 the one allotted to him (/). 
 
 The returning officer must give public notice of the situation of 
 polling stations and the description of voters entitled to vote at 
 «ach station, and of the mode in which electors are to vote (9). 
 
 By sect. 37 of the Eepresentation of People Act, 1867, it is 
 provided that at contested elections for counties or boroughs, the 
 returning officer shall, when practicable (unless some place belonging 
 to the county or borough is provided for the purpose), hire a building 
 or room instead of erecting a booth. 
 
 (y) Ballot Act, 1872, Sched. 1, r. 1.".. (c) Ballot Act, 1872, Sched. 1, r. 16. 
 
 C--) Ballot Act, 1872, s. 6. (<r) (1874), 2 0. & H. 201. 
 
 (-0 Reform Act, 1832, s. 68. This does (e) Ballot Act, 1872, Sched. 1, r. 17. 
 
 mot apply to anv University election. (/') Ibid. r. 18. 
 
 (A) Ki & 17 Vict. c. 68, s. 6 ; 16 & 17 (j) Ibid. i. 19. 
 Vict! c. 2S, s. i (Scotland). 
 
26 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Note 2. — It is the duty of every returning officer to provide such 
 nomination papers, polling stations, ballot boxes, ballot papers, instru- 
 ments for stamping thereon the official marks, copies of register of 
 voters, materials for voters to mark the ballot papers, and forms oj 
 directions for the guidance of the voter in voting, and to appoint and 
 pay such officers and do such other acts and things as may be necessary 
 for effectually conducting an election in manner provided by the Ballot 
 Act, 1872 (A). 
 
 As to nomination papers and polling stations, see respectively 
 pp. 18 — 22, 24, supra. 
 
 As regards the ballot boxes, they must be so constructed that the 
 ballot papers can be introduced therein, but cannot be withdrawn 
 therefrom, without the box being unlocked (Q . 
 
 Where a parliamentary and municipal borough occupy the whole 
 or any part of the same area, any ballot boxes or fittings for polling 
 stations, and compartments provided for such parliamentary or 
 municipal election, may be used in any municipal or parliamentary 
 election in such borough free of charge, and any damage, other 
 than reasonable wear and tear, caused to the same, shall be part 
 of the expenses of the election at which they are so used (m) ; and 
 in any case to which this provision is applicable it is the duty of the 
 returning officer, so far as is practicable, to make use of the ballot 
 boxes, fittings, and compartments, provided for municipal or school 
 board elections, and the Court upon taxation of his accounts shall 
 have regard to the provisions of this section (n). 
 
 Every ballot paper must contain a list of the candidates describe(} 
 as in their respective nomination papers, and arranged alphabeti- 
 cally in the order of their surnames, and (if there are two or more 
 candidates with the same surname) of their other names : it must be 
 in the form set forth in the Second Schedule to the Ballot Act, 1872, 
 or as near thereto as circumstances admit, and must be capable of 
 being folded up (o). 
 
 The names of those candidates only who have been duly 
 nominated and not withdrawn can be printed on the ballot 
 papers {p). Ballot papers of a different colour must be provided 
 for " tendered votes " {q). Every ballot paper must have a counter- 
 foil, and must be numbered on the back with a number correspond- 
 ing to that on the face of the counterfoil (r). As the object of the 
 numbering is to make it possible to ascertain in the event of a 
 scrutiny how votes have been given, all the ballot papers in any one 
 
 (7^) Ballot Act, 1872, ;i. S; Sched. 1, r. 20. c. 41, s. 4 (Scotland). 
 
 (l) Ibid. Sched. 1, r. 23. (o) Ballot Act, 1872, Sched. 1, r. 22. 
 
 ('») ^'>'"l- s. 14. (^) ma. V. 12. 
 
 (w) Keturuing Officers Act, 1875, s. fi (q) Ihid. r. 27. 
 
 (England and Ireland) ; 41 & 42 Vict. (r) Hid. s. 2. 
 
DUTIES OF RETURNING OFFICER. 27 
 
 election, at whatever station they are used, ought to be numbered 
 in a continuous series. The ballot papers and counterfoils should 
 be bound up in books like ordinary cheque or receipt books (s). 
 
 As regards stamping instruments, the returning officer must 
 provide each polling station with the materials (usually a pencil) 
 with which voters may mark the ballot papers, and with instru- 
 ments for stamping thereon the official mark, which must be kept 
 secret, and an interval of not less than seven years must be allowed 
 to intervene between the use of the same official mark at elections 
 for the same county and borough (t). The mark may be stamped or 
 perforated (m) ; as it is to be visible on both sides of the paper, a 
 perforating or embossed stamp should be used (v). 
 
 As regards the register of voters, the returning officer must provide 
 each polling station with a copy of the part of the register which 
 contains the names of the electors entitled to vote at that station (.r) . 
 
 The register of voters is to be delivered on or before the last 
 day of December in each year, by the clerk of the peace or town 
 clerk, as the case may be, to the sheriff or other returning officer, and 
 such register shall be the register of persons entitled to vote at any 
 election during the year commencing January 1 after it is made (i/). 
 
 Where, in consequence of a judgment or order of the King's Bench 
 Division, an alteration of the register of voters becomes necessai-y, 
 notice is to be given by the court, signed by one of the masters, tO' 
 the returning officer, specifying exactly the alteration. This must 
 be carried out in the register of voters by the returning officer, who 
 must also sign his name against every such alteration. He must 
 also keep the master's notice and hand it over to his successor (z). 
 
 The right to vote at an election is not to be affected by any 
 appeal pending at the date of issue of the writ (a) . 
 
 As regards the directions for the guidance of the voter, the returning, 
 officer must have these printed in conspicuous characters, and 
 placarded outside every polling station, and in every compartment 
 of every polling station (6). They must be as follows (b) : — 
 
 " The voter may vote for candidate. 
 
 " The voter will go into one of the compartments, and, with the 
 pencil provided in the compartment, place a cross on the right-hand 
 side, opposite the name of each candidate for whom he votes, thus X^ 
 
 (s) Home Office Abstract, par. 23, 1843. ss. 47, 48 ; Representation of People- 
 Appendix IV. p. 388, infra. Act, 1867, s. 38. 
 
 (0 Ballot Act, 1872, Sched. 1, r. 20. (2) Parliamentary Registration Act, 
 
 (?0 ^id. r. 24. 1843, ss. 67, 68. 
 
 (f) Home Office Abstract, par. 24, (a) Ihid. s. 69. 
 
 Al)pendix IV. p. 383, infra. (i) Ballot Act, 1872, Sched. 2 ; ihid. 
 
 (a-) Ballot Act, 1872, Sched. 1, r. 20. Sched. 1, r. 19. 
 
 ly) Parliamentary Registration Act, 
 
28 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 " The voter will then fold up the ballot paper so as to show the 
 ■official mark on the back, and leaving the compartment will, without 
 showing the front of the paper to any person, show the official 
 mark on the back to the presiding officer, and then, in the 
 presence of the presiding officer, put the paper into the ballot box, 
 and forthwith quit the polling station. 
 
 " If the voter inadvertently spoils a ballot paper he can return it 
 to the officer, who will, if satisfied of such inadvertence, give him 
 another paper. 
 
 " If the voter votes for more than candidate, or places any 
 
 mark on the paper by which he may be afterwards identified, his 
 ballot paper will be void, and will not be counted. 
 
 ' ' If the voter takes a ballot paper out of the polling station, or 
 deposits in the ballot box any other paper than the one given him 
 by the officer, he will be guilty of a misdemeanour, and be subject 
 to imprisonment for any terra not exceeding six months, with or 
 without hard labour. 
 
 " Note. — These directions shall be illustrated by examples of the 
 ballot paper." 
 
 The retiirniiif/ officer is to appoint and piay such officers as may he 
 necessary for effectually conducting the election. 
 
 These officers are a presiding officer to preside at each polling 
 ■station, poll clerks, and, in addition to any clerks, competent 
 persons to assist him in counting the votes (c), if he thinks such 
 assistance will be needed, and constables or peace officers ; but no 
 person can be appointed by him for the purposes of an election who 
 has been employed by any other person in or about the election {d). 
 
 The returning officer may, if he think fit, preside at any polling 
 station (e). 
 
 Presiding officer. — The presiding officer must preside at the 
 polling station to which he is appointed. He must keep order at 
 his station, regulate the number of voters to be admitted at a 
 time, and exclude all other persons except the candidates (/) and 
 their agents (gr), the clerks, and the constables on duty {g). 
 
 The presiding officer at any polling station, just before the 
 commencement of the poll, must show the ballot box empty to such 
 persons, if any, as may be present in such station, so that they may 
 see that it is empty, and must then lock it up and place his seal 
 upon it in such manner as to prevent its being opened without 
 
 (r) EaUotAct, 1872, Sched. ],r. 48. (/) Clementson v. Mason (1875), 32 
 
 {d-) Ihd.r.i^. L. T. M.S. 325. 
 
 (.r) Ibid. r. 47. (^) Ballot Act, 1872, Sched. 1, r. 21. 
 
THE POLL. 29 
 
 breaking such seal, and must place it in his view for the receipt of 
 ballot papers, and keep it so locked and sealed {h). 
 
 Immediately before a ballot paper is delivered to an elector the 
 presiding officer must mark it or cause it to be marked on both 
 sides with the official mark, either stamped or perforated. The 
 number, name, and description of the elector as stated in the copy 
 of the register must then be called out, and the number of such 
 elector marked on the counterfoil, and a mark must be placed in the 
 register against the number of the elector, to denote that he has 
 received a ballot paper, but without showing the particular ballot 
 paper which he has received (i). 
 
 The voter, on receiving the ballot paper, must forthwith proceed 
 into one of the qpmpartments in the polling station, and there 
 mark his paper and fold it up so as to conceal his vote, and 
 must then put his ballot paper, so folded up, into the ballot 
 box ; he must vote without undue delay, and must quit the 
 polling station as soon as he has put his ballot paper into the- 
 ballot box {k). 
 
 It is the duty of the presiding officer to see that the ballot paper 
 bears the official mark before the voter puts it into the ballot 
 box (Z), and where a candidate lost an election in consequence 
 of ballot papers not having the official mark, the presiding officer 
 was held liable to such candidate for the omission (m) . 
 
 A voter who has inadvertently dealt with his ballot paper in such 
 manner that it cannot be conveniently used as a ballot paper, may, 
 on delivering to the presiding officer the ballot paper so inadver- 
 tently dealt with, and proving the fact of the inadvertence to the 
 satisfaction of the presiding officer, obtain another ballot paper in 
 the place of the ballot paper so delivered up (in the Ballot Act, 
 1872, called " a spoilt ballot paper "), and the spoilt ballot paper 
 shall be immediately cancelled (n). 
 
 If a person, representing himself to be a particular elector named 
 on the register, applies for a ballot paper after another person has. 
 voted as such elector, the applicant shall, upon duly answering the 
 questions and taking the oath permitted by law to be asked of and 
 to be administered to voters at the time of polling, be entitled to 
 mark a ballot paper in the same manner as any other voter ; but 
 the ballot paper (called a tendered ballot paper) must be of a 
 colour differing from the other ballot papers, and, instead of being 
 put into the ballot box, must be given to the presiding officer and 
 
 (/(.) Ibid. Sched. 1, i'. 23. ("0 Picltering v. Jamet (1873), L. K. 
 
 (0 Ihid. r. 24. 8 C. P. 489. 
 
 (*) lUd. J. 25. (»0 Ballot Act, 1872, Sohed. 1, i. 28. 
 (0 md.'s.2. 
 
30 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 endorsed by him with the name of the voter and his number, in the 
 register of voters, and set aside in a separate packet, and must not 
 be counted by the returning officer. And the name of tho voter 
 and his number on the register must be entered on a list called 
 " the tendered votes list " (o). 
 
 The presiding officer, on the application — (1) of any voter who is 
 incapacitated by blindness or other physical cause from voting in 
 the prescribed manner ; or (2) (if the poll be taken on Saturday) of 
 any voter who declares that he is of the Jewish persuasion, and 
 objects on religious grounds to vote in the prescribed manner; or 
 {3) of any voter who makes the prescribed declaration that he is 
 unable to read (p), must, in the presence of the agents of the 
 candidates, cause the vote of such voter to be marked on a ballot 
 paper in manner directed by such voter, and the ballot paper to be 
 placed in the ballot box, and the name and number on the register 
 of voters of every voter whose vote is marked in pursuance of this 
 rule, and the reason why it is so marked, shall be entered on 
 a list, called " the list of votes marked by the presiding officer." 
 Such declaration must be made by the voter at the time of 
 polling, before the presiding officer, who must attest it in the 
 prescribed form, and no fee, stamp, or other payment shall be 
 charged in respect of such declaration, which must be given to the 
 presiding officer at the time of voting (q). 
 
 If at the time any person tenders his vote or applies for a ballot 
 paper, or after he has voted and before he leaves the polling 
 station, any agent appointed for the purpose of detecting personation 
 shall declare to the returning officer or to the presiding officer that 
 he verily believes, and undertakes to prove, that the person so 
 voting is not in fact the person in whose name he applies for a 
 ballot paper, or to the like effect, the returning or presiding officer 
 must, immediately after such person has voted, by word of mouth, 
 order any constable or other peace officer to take him into custody ; 
 and such order is a sufficient warrant to the constable or peace 
 officer for so doing (r) . 
 
 Every such constable or peace officer must take the person so in 
 his custody, at the earliest convenient time, before two justices acting 
 for the place within which the said person has voted. If two 
 justices cannot be found within three hours after the close of the 
 poll, the person charged may request the constable or police officer 
 to take him before one justice, who must liberate him on entering 
 mto a recognisance with one sufficient surety to appear before two 
 
 (o) Ballot Act, 1872 Sched. 1. (^) Ballot Act, 1872, Sohed. 1, r. 28. 
 
 {p} box form of this declaration, see (»■) Parliamentary Registration Act, 
 
 Appendix VI. Form 15, p. 413, infm. 1843, s. 86 ; Ballot Act 1872, s. 15. 
 
THE POLL. 31 
 
 justices ; and if one justice cannot be found within four hours after 
 the close of the poll, the person charged must forthwith be discharged 
 from custody. Any two justices may, however, on the next or some 
 subsequent day, inquire into the charge, and, it necessary, issue 
 their warrant for the apprehension of the person charged (s) . 
 
 If the justices are satisfied on the oath of not less than two 
 credible witnesses that the person so brought before them has 
 knowingly personated and falsely assumed to vote in the name of 
 some other person, they shall commit him for trial (f). 
 
 Where the justices are satisfied that a charge has been made 
 without reasonable or probable cause, or if the agent making the 
 charge does not appear to support it, they may make an order 
 under their hands on the agent to pay the person falsely charged, 
 if he consents to accept it, any sum not exceeding £10, nor less 
 than £5, by way of damages and costs. If this sum be not paid 
 within twenty- four hours after the making of the order, then it may 
 be levied by distress and sale of the goods, &c., of the agent, or if 
 he has not sufficient goods, &c., on which to levy, the same may be 
 levied on the goods and chattels of the candidate who appointed 
 the agent. If the money is not paid or levied, the agent or candidate 
 may be sued for the salne in the High Court. If the person agrees 
 to accept the sum aforesaid, and it is actually paid or tendered, 
 then the agent and candidate are released from all actions or other 
 proceedings, civil or criminal (m) . 
 
 The statute 13 & 14 Vict, c 69, ss. 90, 96, is substantially a 
 re-enactment as regards elections in Ireland of the provisions of the 
 Eegistration Act, 1843, as to the personation oath and questions, and 
 as to the prosecution and punishment of the offence of personation 
 
 The provisions of the Eegistration Acts (6 & 7 Vict. c. 18, and 
 13 & 14 Vict. c. 69) in England and Ireland respectively apply to 
 personation under the Ballot Act, 1872, in the same manner as they 
 apply to a person who knowingly personates and falsely assumes 
 to vote in the name of another person, as mentioned in the said 
 Acts (x). 
 
 It is the duty of the returning officer to institute a prosecution 
 against any person whom he may believe to have been guilty of 
 personation, or of aiding, abetting, counselling, or procuring the 
 commission of the offence of personation by any person, at the 
 election for which he is returning officer, and the costs and expenses 
 of the prosecutor and the witnesses in such case, together with 
 compensation for their trouble and loss of time, must be allowed by 
 
 (•«") Parliamentary Eegistration Act, (h) Ibid. s. 89. 
 
 1843, s. 87. Q^') Ballot Act, 1872, s. 24. 
 
 (O' ibid. s. 88. 
 
32 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 the court in the same manner in which courts are empowered to 
 allow the same in cases of felony (xx). 
 
 If any person misconducts himself in the polling station, or fails 
 to obey the lawful orders of the presiding officer, he may immediately, 
 by order of the presiding officer, be removed from the polling station 
 by any constable in or near that station, or any other person 
 authorised in writing by the returning officer to remove him ; and 
 the person so removed shall not, unless with the permission of the 
 presiding officer, again be allowed to enter the polling station during 
 the day. Any person so removed as aforesaid, if charged with the 
 commission in such station of any offence, may be kept in custody 
 until he can be brought before a justice of the peace (y). 
 
 For the purpose of the adjournment of the poll in case of riot or 
 interruption and of every other enactment relating to the poll, the 
 presiding officer has the same powers as a deputy returning officer (z). 
 
 The presiding officer of each station, as soon as practicable after 
 the close of the poll, must in the presence of the agents of the candi- 
 dates, make up into separate packets sealed with his own seal and the 
 seals of such agents of the candidates as desire to affix their seals : — 
 I. Each ballot box in use at his station, unopened but with the 
 
 key attached ; and 
 II. The unused and spoilt ballot papers placed together ; and 
 
 III. The tendered ballot papers ; and 
 
 IV. The marked copies of the register of voters, and the 
 
 counterfoils of the ballot papers ; and 
 V. The tendered votes list, and the list of voters marked by the 
 presiding officer, and a statement of the number of the 
 voters whose votes are so marked by the presiding officer 
 under the heads "physical incapacity," "Jews," and 
 " unable to read," and the declarations of inability to read ; 
 and must deliver such packets to the returning officer (a). 
 
 The packets must be accompanied by a statement made by such 
 presiding officer, showing the number of ballot papers entrusted to 
 him, and accounting for them under the heads of ballot papers in 
 the ballot box, unused, spoilt, and tendered ballot papers, which 
 statement is known as the ballot paper account (b). 
 
 Presiding officers at a county election are allowed a payment of 
 four guineas a day (c) and at a borough election three guineas a 
 day (d) ; in Scotland three guineas a day (e). 
 
 (ica;) Ballot Act, 1872, s. 24. (») lUd. s. 10. , See also 2 Will. 4, c. 45, 
 Wlbid.s. 9. The powers conferred s. 70 ; and 5 & 6 Will. 4, c. 36, s. 8. 
 
 by this section must not be exercised so («) Hid. r. 29 
 
 as to prevent any elector who is other- (_*) Ihid r 3o" 
 
 wise entitled to vote at any polling station (c) Returning Oflacers Act, 1 885, s. 4. 
 
 .!^nh .ttl™^ an opportunity of voting at (d) EeturningOfficersAot,1875,Sohed.l. 
 
 such station, xM. (,) Sg^ 15,%)y)ra. 
 
THE POLL CLERK. 33 
 
 Poll clerk. — A poll clerk must make the same statutory declaration 
 of secrecy as a presiding officer (c). He has the power of asking 
 questions and administering the oath authorised by law to be asked 
 of and administered to voters (d), and he can do any act which 
 the presiding officer is required or authorised by the Ballot Act to 
 do at a polling station except ordering the arrest, exclusion or 
 ejection of any person from the polling station (e). 
 
 One poll clerk may be employed for every 500 voters, and the 
 payment is 30s. a day at a county election (/) and £1 Is. a 
 day at a borough election (g). 
 
 No returning officer for any county or borough, nor his deputy, 
 nor any partner or clerk of either of them(/t), nor any presiding 
 officer, poll clerk, pr check clerk appointed by such returning 
 officer (i), may act as agent for any candidate in the management 
 or conduct of his election as a member to serve in Parliament for 
 such county or borough ; and if any returning officer, his deputy, 
 the partner or clerk of either of them, or any presiding officer, 
 poll clerk, or check clerk, shall so act, he shall be guilty of a 
 misdemeanor. 
 
 In addition to the duties of the returning officer mentioned in 
 Article 7 (page 23, and pages 24 to 32), it is his duty before the 
 poll, as has been pointed out, to give due notice of the election, 
 receive nominations and withdrawals, decide on the validity of 
 objections to nomination papers, and give notice of the persons 
 nominated and of the poll. After the close of the poll he must also 
 perform certain duties which are specified in the above Article and 
 Note 6, pages 43 — 44, infra, and must give due notice of the time 
 and place of counting of the votes to the agents of the respective 
 candidates. 
 
 Note 3. — The returning officer must ascertain the re,sult of the poll 
 by counting the votes given to each candidate. The returning officer 
 may, in addition to any clerks, appoint competent persons to assist 
 him in counting the votes (/c) . Six such persons may be charged 
 for where the number of registered electors does not exceed 3,000, 
 and one additional person to assist the returning officer in counting 
 is allowed for each additional 1,000 electors {I). 
 
 The candidates themselves may respectively appoint agents to 
 attend the counting of the votes (?«). Such agents must not, 
 however, be paid. 
 
 (c) Ballot Act, 1872, r. 54. (A) Kepresentation of People Act, 1867, 
 
 (d) Ibid. s. 10. s. 50. 
 
 (c) 1 bid. r. 50. (0 Ballot Act, 1872, s. 11. 
 
 (/) Returning Officers Act, 1875, s. 4. (A) 1 bid. r. 48. 
 
 07) Eeturning Officers Act, 1875, it) 38 & 39 Vict. c. 89, Sched. 1. 
 
 Sched. 1. ("0 Hid. r. 31. 
 
 L.E. D 
 
34 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 The returning officer must make arrangements for counting the 
 votes in the presence of the agents of the candidates as soon as 
 practicable after the close of the poll, and must give to the agents 
 of the candidates appointed to attend at the counting of the votes 
 notice in writing of the time and place at which he will begin to 
 count the same(n). 
 
 The returning officer, his assistants and clerks, and the agents 
 of the candidates, and no other person, except with the sanction of 
 the returning officer, maybe present at the counting of the votes (o). 
 
 Before the returning officer proceeds to count the votes, he must, 
 in the presence of the agents of the candidates, open each ballot 
 box, and, taking out the papers therein, must count and record the 
 number thereof, and then mix together the whole of the ballot 
 papers contained in the ballot boxes. The returning officer, while 
 counting and recording the number of ballot papers and counting 
 the votes, must keep the ballot papers with their face upwards, and 
 take all proper precautions for preventing any person from seeing 
 the numbers printed on the backs of such papers (p). 
 
 The returning officer must, so far as practicable, proceed 
 continuously with counting the votes, allowing only time for 
 refreshment, and excluding (except so far as he and the agents 
 otherwise agree) the hours between seven o'clock at night and nine 
 o'clock on the succeeding morning. During the excluded time the 
 returning officer must place the ballot papers and other documents 
 relating to the election under his own seal and the seals of such of 
 the agents of the candidates as desire to affix their seals, and must 
 otherwise take proper precautions for the security of such papers 
 and documents (q). 
 
 The name and address of every agent of a candidate appointed 
 to attend the counting of the votes must be transmitted to the 
 returning officer one clear day at the least before the opening of the 
 poll ; and the returning officer may refuse to admit to the place 
 where the votes are counted any agent whose name and address has 
 not been so transmitted, notwithstanding that his appointment 
 may be otherwise valid, and any notice required to be given to an 
 agent by the returning officer may be delivered at or sent by post 
 to such address (r). 
 
 If any such agent dies or becomes incapable of acting during the 
 time of the election, the candidate may appoint another agent in 
 his place, and must forthwith give to the returning officer notice in 
 writing of the name and address of the agent so appointed (s). 
 
 («) 38 & 39 Vict. c. 89, Sched. 1, r. 32. (j) lUd. r. 35. 
 
 ") i*'.^- '■■ f; Iri Ibid. .. 52. 
 
 Cp) liid. r. 34. ^,) jiia.'i. 53. 
 
BALLOT PAPERS WHEN VOID. 35 
 
 Note -i. — Any ballot paper which has not on its back the official mark, 
 or on ichich votes are given to more candidates than the voter is entitled 
 to vote for, or on ivhich anything except the said number on the back 
 is written or marked by which the voter can be identified, shall be void 
 and not counted. This provision is contained in sect. 2 of the 
 Ballot Act, 1872, and by r. 36 of the 1st Schedule to the same 
 Act it is the duty of the returning officer to endorse " rejected " on 
 any ballot paper which he may reject as invalid, and to add to the 
 endorsement " rejection objected to," if an objection be in fact 
 made by any agent to his decision (t). Failure to make the 
 endorsements will not, however, render the election invalid (w). 
 He must report to the Clerk of the Crown in Chancery the number 
 of ballot papers rejected and not counted by him under the several 
 heads of — 
 
 1. Want of official mark ; 
 
 2. Voting for more candidates than entitled to ; 
 
 3. Writing or mark by which voter could be identified ; 
 
 4. Unmarked or void for uncertainty ; 
 
 and must, on request, allow any agent of the candidates, before such 
 report is sent, to copy it (f). 
 
 "The questions here raised," said Lord Neaves in Wigtown (x), 
 " are important and delicate on this account in particular, viz., that 
 while a certain form of exercising the franchise is pointed out in 
 the statute on the subject, some deviations from the strict letter 
 of the directions therein contained may be so trifling as to be 
 immaterial, while others may be more serious, and thus may be 
 fatal. The merits of each vote, therefore, may turn on questions 
 of degree, which it is always difficult to distinguish, as the one 
 class may run almost imperceptibly into the other. This is the old 
 puzzle as to how many grains of corn make a heap, or at what stage 
 a little thing grows into a big one. 
 
 " In this state of matters the important point is to look to the 
 great objects and principles of the statute, and to take care that we 
 do everything necessary to follow these out, and nothing that can 
 defeat or endanger them. 
 
 " The great object in view, I take it, in the Ballot Act is the double 
 result of facility in the exercise of the franchise and perfect secrecy 
 as to the vote of individual voters. This double purpose is by the 
 Act sought to be accomplished by not allowing a vote to be given 
 vii-d voce, as it used to be, nor in writing (properly speaking), in 
 either of which cases secrecy would be impossible, or would be 
 imperilled, for by writing, though not setting forth the writer's 
 
 (0 Ballot Act, 1872, Sched. 1, r. 36. 10 C. P. 753. 
 
 C«) Woudward v. Sarsons (187i3), L. K. (.r) (1874), 2 0. & H. 220, 221. 
 
 D 2 
 
36 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 name, yet through the comparatio literarum the writer might be 
 discovered. Nor would it have done, perhaps, to leave the voter 
 to put any mark he pleased to show the candidate for whom he 
 voted. A mark has been pointed out and represented in the 
 statutory directions, that of a cross, thus, X- It is, I think, a mark 
 well devised for the purpose, easy of execution by men of the most 
 moderate intelligence, and at the same time perfectly neutral in its 
 character, so as to be practically incapable of betraying its author- 
 ship by its appearance. I think it is scarcely possible that a ballot 
 paper strictly in terms of the statute should lead to the voter's 
 identification, one man's cross being in general indistinguishable 
 from another man's." 
 
 It is important to notice, as was pointed out in the considered 
 judgment of the Court in the case of Woodward v. Sarsons (y), that. 
 " the rules in the 1st Schedule of the Ballot Act and the forms 
 in the 2nd Schedule are directory enactments, as distinguished' 
 from the absolute enactments in the section in the body of the Act,. 
 and that, while the general rule is that an absolute enactment 
 must be obeyed or fulfilled exactly, it is sufficient if a directory 
 enactment be obeyed or fulfilled substantially. 
 
 " The second section enacts, as to what the voter shall do, that 
 ' the voter, having secretly marked his vote on the paper, and folded 
 it up so as to conceal his vote, shall place it in an enclosed box.' 
 This is all that is said in the body of the Act about what the voter 
 shall do with the ballot paper. That which is absolute, therefore, 
 is that the voter shall mark his paper secretly {z). How he shall 
 mark it is in the directory part of the statute " (a). 
 
 " The result seems to be, as to writing or mark on the ballot 
 paper, that if there be substantially a want of any mark, or a mark 
 which leaves it uncertain whether the voter intended to vote at all 
 or for which candidate he intended to vote, or if there be marks 
 indicating that the voter has voted for too many candidates, or a. 
 writing or a mark by which the voter can be identified, then the 
 ballot paper is void, and is not to be counted; or, to put the matter 
 aiSrmatively, the paper must be marked so as to show that the 
 voter intended to vote for someone, and so as to show for which 
 of the candidates he intended to vote. It must not be marked so 
 
 (y) (1875), L. R. 10 C. P. 7(tG, set out 2 0. & H. 215) or if it is filled up in such 
 
 in Appendix V., p. 391, infra. a way as to lead to the identification o£ 
 
 (j) If this provision is infringed, the voter. See sect. 2 of the Ballot Act, 
 
 the vote will be void, and a, similarly 1872, and Sched. 2, which is made 
 
 strict compliance with all the other part of the Act by sect. 28 : Woodward v. 
 
 requirements of sect. 2 is necessary. Thus Sarsons (1875), L. R. 10 C. P. 747. 
 
 a vote will be void if the ballot paper has (a) (1875), L. R. 10 C. P. 747. 
 no oflBcial mark on it (^Wigtown (1874), 
 
BALLOT PAPERS WHEN VOID. 37 
 
 as to show that he intended to vote for more candidates than he is 
 entitled to vote for, nor so as to leave it uncertain whether he 
 intended to vote at all or for which candidate he intended to vote, 
 nor so as to make it possible, by seeing the paper itself, or by 
 reference to other available facts, to identify the way in which he 
 has voted. 
 
 " If these requirements are substantially fulfilled, then there is 
 no enactment and no rule of law by which a ballot paper can be 
 treated as void, though the other directions in the statute are not 
 strictly obeyed. If these requirements are not substantially fulfilled, 
 the ballot paper is void, and should not be counted ; and if it is 
 counted, it should be struck out on a scrutiny. The decision in 
 each case is upon a, point of fact, to be decided first by the returning 
 officer, and afterwards by the election tribunal, on petition" (b). 
 
 1. Want of official mark. 
 
 "It is quite sufficient if there is such evidence oE the official 
 mark, whether it is perforated through the paper, whether the 
 ink is caused to run through the paper so as to indicate the official 
 mark, or whether the stamp is applied, but fails to make a perfect 
 mark. In all such cases, if there be evidence that the presiding 
 officer has intended to make, and has in fact made, what, fairly 
 looked at, indicates that a recognisable official mark is upon the 
 back of the ballot paper, votes marked on such papers ought to be 
 held good votes in the absence of any other substantial objection." 
 
 2. Voting for more candidates than entitled to. 
 
 " If there be marks indicating that the voter has voted for too 
 many candidates . . . then the ballot paper is void and is not 
 to be counted" (c). 
 
 " The paper must not be marked so as to show that he intended 
 to vote for more candidates than he is entitled to vote for '' (c). 
 
 If it is so marked " the ballot paper is void and should not be 
 counted ; and if it is counted, it should be struck off on a 
 scrutiny" (c). 
 
 3. Writing or mark by wliich the voter might be identified. 
 
 "The fact that the marks are such as miglit lead to the identifica- 
 tion of the voter is not sufficient to vitiate and render void the 
 vote. . . . The mark must be a mark by which the voter can 
 {not, might possibly) be identified. Whether the mark is such is a 
 matter of fact. ... It is an insufficient objection that the 
 marks referred to might possibly afford a clue to the identification 
 of the voter " {d). 
 
 (*) (1875), L. R. 10 0. P. 748. P/iiUiji.': v. ^o/(1886), 17 Q. B. D. 814. 
 
 (c) Per Curiam in WoodioaM v. (d) Per Hawkins, J., in Cirencester 
 
 Siirsons (1875), L. R. 10 C. P. 748. See also (1893), 4 0. & H. at p. 198. 
 
38 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 4. Unmarked or void for uncertainty. — The Courts appear to have 
 placed a more rigid and technical interpretation on the language 
 of the statute in the earlier than in the later cases. Thus in 
 Wigtoivn (e) Lord Neaves said : — 
 
 " I think it essential to a good vote that the voter should 
 make the cross thus pointed out, and that any mark materially 
 different would be a deviation from what is prescribed, and 
 a failure to fulfil the requirements of the statute. For anyone 
 to put, instead of a cross, a circle or an oval, or any other 
 geometrical or anomalous figure, would not be a compliance 
 with the law, independently of the consideration that such a plain 
 and wilful departure from what was intended would suggest strongly 
 the suspicion that some sinister purpose was intended." 
 
 Again, in Stepney Division (/) counsel objected to a vote on the 
 ground that the voter had put a circle instead of a cross and that 
 by this it might be identified; he cited Wigtoivn (g). Denman, J., 
 said : — 
 
 " The question here is whether the ballot paper is good in 
 which the voter, instead of making a cross or a mark of the 
 ordinary kind straight with his pen, deliberately makes a circle. 
 If a man does that, he really must either do it with some sinister 
 object, or it is so perversely and absurdly in deviation from the 
 directions of the Ballot Act as to make it a case in which he ought 
 really to be held to have thrown away his vote. If he does it with 
 the sinister object of having his vote known, then he has forfeited 
 the vote because he has violated the Ballot Act. If he does it 
 purposely— and one cannot understand a man supposing that 
 a cross is a circle — he has done it perversely, and done it in 
 such a way as again to legitimately forfeit his vote. If he does 
 it purposely, knowing that his vote may be thrown away, then he 
 really has not indicated his intention to vote for the candidate 
 against whose name he has placed the mark ; so that in any case 
 there is no good ground for holding that a circle is a cross within 
 the meaning of the Ballot Act." 
 The vote was struck off. 
 
 The attention of the Court in this case does not appear to have 
 been drawn to the important decision of the Court of Common 
 Pleas in Woodirard v. Sarsons {h) , but having regard to that case 
 and to later decisions, it is respectfully submitted that the obser- 
 vations of Lord Neaves cited supra do not correctly state the law, 
 and that the decision of the Court in Stepney Division must now be 
 regarded as overruled. 
 
 («) (1874) 2 0. & H. 220, 221. (^,) (1874), 2 0. & H. 215. 
 
 U) Per Denman, J., in Stepney Din- Qi) (1875), L. R. 10 C. P. 733. 
 
 noil (1886), 4 0. & H. at pp. 37, 38. 
 
BALLOT PAPERS WHEN VOID. 39 
 
 In Woodward v. Sarsons (i) it was laid down that any mark which 
 sufficiently indicates for whom the vote is given, so long as it is not 
 such as to enable the voter to be identified, is good. (For facsimiles 
 of ballot papers adjudicated upon in this case see Appendix V., 
 pp. 894—399, infra.) The following modes of marking were held 
 good in the absence of evidence of connivance or prearrangement : — 
 
 (a) Two or three crosses instead of one. 
 
 (b) A straight vertical line instead of a cross. 
 
 (c) A straight stroke in addition to a cross. 
 
 (d) A letter P in addition to a cross. 
 
 (e) An oblique line instead of a cross. 
 
 (f) A star instead of a cross. 
 
 (g) A pencil line drawn through the name of one candidate and 
 a cross opposite th'at of another. 
 
 (h) A cross placed on the left instead of the right-hand side of 
 the candidate's name. 
 
 Some of these decisions are in conflict with some of the decisions 
 of the majority of the judges in the Scotch Court of Session 
 in Wigtoivn (j), and in regard to this Lord Coleridge, C.J., in 
 delivering the considered judgment of the Court in Woodivai-d v. 
 Sarsons (i) said : — 
 
 " We are aware that, in so applying the principles which we 
 have deduced from the statute, we are acting apparently in 
 opposition to some of the decisions in the Wigtoivn case (k) ; 
 but there may have been evidence in that case which does not 
 exist in the present case, and which made many of the marks 
 there marks of identification, which the mere presence of such 
 marks here does not do. If this was not so, we respectfully differ 
 from the strict view taken by the majority of the learned judges 
 who decided that case, and adhere to the view of Lord Benholme 
 given in that case." 
 
 In 1876 a Select Committee of the House of Commons, appointed 
 to inquire into the working of the Ballot Act, reported that in their 
 opinion "no ballot paper should be rejected unless it appears 
 clearly to the returning officer that the obligatory portion of the 
 Act has not been complied with ; and that the marking of the ballot 
 paper in a manner not in accordance with the ' directions ' should 
 not cause its rejection, unless it appears to the returning officer 
 that such departure from the directions has been for the purpose of 
 identification, or would necessarily afford an opportunity for such 
 identification being effected, or unless the returning officer is unable 
 
 (i) (1875), L. K. 10 C. P. 733. Court of Sess. Cases, 4th Series, 925, 231, 
 
 If) (1874), 2 0. & H. 215. mb mm. Uasivell v. Stewart. 
 
 (/O (1874), 2 0. & H. 215, 227 ; 1 
 
40 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 to determine for whom the voter intended to vote." The Committee 
 further suggested that the Home Office should forward to every 
 returning officer the case and judgment in Woodward v. Sarsons (I). 
 
 In the later case of Buckrose (m), where a vote was objected to on 
 the ground that the ballot paper had been marked with a circle 
 instead of a cross, the vote was allowed. Pollock, B., said : — 
 
 " I should have myself no doubt about this case but for the 
 remarks of my brother Denman (n), which one must take to have 
 been entirely assented to by my brother Field, inasmuch as he did 
 not dissent from them, but we have not before us the precise 
 character of the circle in that case. It may have been some- 
 thing very accurate as a circle, and it may have indicated more 
 education and mental power than is indicated by such figures as we 
 find here, and therefore I cannot consider that that case is a bind- 
 ing authority upon us with reference to this particular ballot paper. 
 So far as the Scotch authority goes it is not binding upon us. But 
 now let us look at the plain intention which is indicated by the 
 statute itself." After referring to the 2nd section of the Ballot Act, 
 1872, and the 2nd Schedule to that Act, the learned Baron con- 
 tinued: "It is in the schedule that for the first time you have an 
 indication that it shall be by a cross. When you get to the form the 
 same thing is indicated, and the only question is whether that 
 cross, in the form of a cross substantially, is essential to a good 
 vote. It has been already held that if it be a cross with a mark 
 across it like an X, or like a Winchester cross, and a good many 
 figures of that kind, then it would be perfectly good. This is not a 
 cross ; but is it such a departure from a cross as to indicate any 
 intention on the part of the voter otherwise than to record his vote for 
 the person whose name is opposite the bad cross ? I cannot myself 
 think that that is so. For my part, I think this is a good vote." 
 
 Smith, J., concurred, holding that the case came within the 
 principle of Woodward v. Sarsons (1875), L. E. 10 C. P. 733, and 
 that the ballot paper was marked in such a way as to show that the 
 voter intended to vote for the candidate opposite whose name he 
 had placed the mark in question. 
 
 In Buckrose (o) counsel objected to a vote on the ground that the 
 only mark on the paper was a cross made immediately upon the name 
 of Mr. S., in such a way as to make it appear possible that he 
 intended to strike the name out. The vote was disallowed. 
 
 In the same case (p) a vote was objected to on the ground that the 
 
 {I) Par. Pap. 162 of 1878, p. iv. The case (jt) Sti'j)>u^y Dinsion (1886), 4 0. & H. 
 
 and judgment in Woodward v. Samons 37, 38. 
 
 are set out in Appendix V., p. 391, infra. (o) (1886), 4 0. & H. 112. 
 
 (»0 (1886), 4 0. & H. 112. (^0 Ihid. 111. 
 
BALLOT PAPERS WHEN VOID. 41 
 
 cross had been put, not opposite to either of the candidates' names, 
 but in the light-hand top corner of the ballot paper above the 
 line. The Court, followmg the opinion of Hawkins, J., in Benvick {q) 
 and of the Court in Stepney Division (r), held that the vote was void 
 for uncertainty. 
 
 A vote was also objected to by counsel on the ground that the 
 figure 33 had been written upon the back of the ballot paper. 
 The Court, in the absence of any evidence showing that the voter 
 could be identified by the writing, allowed the vote(r), following the 
 decision of Field, J., in Stepney Division (s). 
 
 A ballot paper had been rejected by the returning officer which 
 had been marked upon the back opposite the name of one of the 
 candidates, and it was contended that, inasmuch as the mark could 
 be seen through tlie paper without turning it over, it was a good 
 vote. 
 
 Pollock, B., said (t) : "I have a very clear opinion that that will 
 not do. If you take the whole context of the Act and read the 
 direction, the voter is to place a cross on the right-hand side 
 opposite the name of each candidate for whom he votes, and that 
 together with the other provision with regard to the returning 
 officer clearly indicates that it must be upon the face of the paper. 
 We think that the vote was properly rejected on the ground that a 
 cross upon the back is not a compliance with the Act." 
 
 In the same case ballot papers marked both on the face and on 
 the back and ballot papers marked opposite names of both candidates 
 were respectively allowed and rejected. 
 
 Where a ballot paper was marked with a cross on the left-hand 
 side of the respondent's name, and with a straight line on the right- 
 hand side of the petitioner's name, and the vote was objected to on 
 the ground of uncertainty. Pollock, B., said (t) : "I think the 
 cross in one case and the line in the other make it doubtful, and 
 we must reject the vote." 
 
 In Stepney Division {u), where the cross had been put on the top 
 of the voting paper opposite the words " Ballot paper," the vote 
 was struck off on the ground of uncertainty. 
 
 In the same case the Court was divided in opinion as to whether 
 a name and a cross on the back of a ballot paper invalidated the 
 vote (x). 
 
 In Cirencester (i/) Hawkins, J., thus explained the principles by 
 
 (y) 3 0. & H. 182. (•;■) The decision on this point in fVig- 
 
 (;•) (1886), 4 0. & H. 111. toion (187-i), 2 0. & H. 216, was, however, 
 
 («) (1886), 4 0. & H. 40. not mentioned to the Court. 
 
 («) Bvckrufe (1886), 4 0. & H. 111. (y) (1893), 4 0. & H. 196, 197. 
 
 {«) (1886), 4 0. & H. 37. 
 
42 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 which the Court would be guided in dealing with cases of this 
 kind: — 
 
 " With regard to those votes as to which objections have been 
 raised to the mode in which they were marked by the voters, we 
 have proceeded upon what we think was the true intention of the 
 Legislature in framing the Act of Parliament. We have, first of 
 all, asked ourselves whether the voter received his paper with the 
 intention to vote. The mere fact that he has applied for and 
 received a voting paper affords abundant evidence that such was 
 his intention. Then we have looked at the face of the paper itself, 
 with a view to see whether or not the voter has by any mark clearly 
 indicated the person for whom he wished and intended to vote ; and 
 if we have found such a mark we have upheld the vote, regardless 
 of the very technical, and as we think unsubstantial, objectiona 
 which have been allowed in some of the earlier cases to be found 
 in the reports of election cases, our view being that we ought t& 
 interpret the Ballot Act liberally, and, subject to other objections, 
 to give effect to any mark on the face of the paper which in our 
 0]3inion clearly indicated the intention of the voter, whether such 
 mark were in the shape of a cross, or a straight line, or in any 
 other form, and whether made with pen and ink, pencil, or even an 
 indentation made on the paper, and whether on the right or the 
 left hand of the candidate's name, or elsewhere within his compart- 
 ment on the voting paper. Of course, every deviation from the 
 course pointed out in the rule tends to create difficulties which 
 may be avoided by a rigid observance of it. It is highly prudent 
 therefore to adhere to it, though we do not think it essential. . . . 
 
 " Where there are marks and blotches of a very irregular 
 character on the voting paper, which might well be mistaken as 
 indications of temporary unsteadiness in the voters, who thereby 
 imperil their votes, the Court will endeavour to discover whether, 
 although obscured by the blots, blurs, and other marks, there 
 existed obvious indications on the part of the voter of an intention 
 to vote without a thought of leaving behind a trace to enable him 
 to be identified. ... Of course, if it is on the face of the ballot 
 paper left in doubt whether the man intended to vote for one 
 candidate or the other, the weight of the objection that the vote is- 
 uncertain is obvious, for the simple reason that one candidate haa 
 just as much right to claim the vote as the other, and so it ought 
 to be counted for neither, and the statute so enacts." 
 
 " It has been held," said Hawkins, J., in Berwick-upon-Tweed {z), 
 "that it is not necessary that this mark should be made with th& 
 
 (--) Wi!/tow!i (1874), 2 0. & H. 219. 
 
BALLOT PAPERS WHEN VOID. 43 
 
 pencil provided in the compartment, or with a pencil at all. A 
 mark made with ink or with a piece of burnt stick is just as good 
 as a mark made with pencil, and I cannot see any reason why a 
 mark made in any other way is not just as good." 
 
 In the same case one of the ballot papers had been marked with 
 a long cross, one part of which extended into the space opposite the 
 name of the respondent, although the actual intersection of the 
 cross was in the space opposite the petitioner's name. It was 
 held (a) that this was a good vote for the petitioner. 
 
 "If," said Lopes, J. (6), "you strike out the upper part of the 
 cross, that is, the part opposite the name of the respondent, you 
 will have a perfect cross opposite the petitioner's name. On the 
 other hand, if you strike off what is opposite to the petitioner's name, 
 you will have no cross at all." 
 
 Where the voter writes his own name instead of a cross, as 
 directed, opposite the candidate's name (c), or where he writes any 
 name {cl) or initials (e) , even though they are not those of the voter 
 or candidate, the vote will be rejected on the ground that the voter 
 may be identified by his handwriting. 
 
 Note 5. — Tlie decision of the returning officer as to any question 
 arising in respect of any ballot paper is final, subject to reversal on 
 petition questioning the election or return. As to the duties of the 
 returning officer as to any question arising in respect of any ballot 
 paper, see pp. 28 — 32, 35, 39, supra. 
 
 Note 6. — After ascertaining the result of the poll, the returning 
 officer must forthwith declare to be elected the candidates or candidate 
 to whom the majority of votes hare been given. Upon the completion 
 of the counting the returning officer must seal up in separate 
 packets the counted and rejected ballot papers. He must 
 not open the sealed packet of tendered ballot papers or marked 
 copy of the register of voters and counterfoils, but must pro- 
 ceed, in the presence of the agents of the candidates, to verify 
 the ballot paper account given by each presiding officer by com- 
 paring it with the number of ballot paj)ers recorded by him as 
 aforesaid, and the unused and spoilt ballot papers in his possession 
 and the tendered votes list, and must reseal each sealed packet 
 after examination. The returning officer must report to the Clerk 
 of the Crown in Chancery the result of such verification, and must, 
 on request, allow any agent of the candidates, before such report is 
 sent, to copy it (/). 
 
 (a) (18«0), 3 0. & H. 180. (<?) Ihid. ; Wigtown, supra. 
 
 (*) Ihid. 181. (e) Ballot Act, 1872, s. 2. 
 
 (c') WoodiCiinl V. Sai'scns, mq:va. (/) Ihid. Sched. 1, r. 37. 
 
44 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Lastly, the returning officer must forward to the Clerk of the 
 Crown in Chancery (in manner in which the poll books are by any 
 existing enactment required to be forwarded to such Clerk, or as 
 near thereto as circumstances admit) (1) all the packets of ballot 
 papers in his possession ; (2) his reports (a) on the number of ballot 
 papers rejected and not counted by him under the four several 
 heads mentioned on p. 35, above, (b) as to the result of the verifica- 
 tion of the ballot-paper accounts ; (3) the ballot-paper accounts ; (4) 
 tendered votes lists ; (5) lists of votes marked by the presiding officer; 
 (6) statements relating thereto ; (7) declarations of inability to read ; 
 (8) packets of counterfoils ; and (9) marked copies of registers sent 
 by each presiding officer, endorsing on each packet a description of 
 its contents and the date of the election to which they relate, and 
 the name of the county or borough for which such election was 
 held ; and the term poll book in any such enactments shall be con- 
 strued to include any document forwarded in pursuance of this 
 rule ig). 
 
 In Scotland the returning officer must forward these various 
 papers to the sheriff clerks of the different counties in place of the 
 Clerk of the Crown (h) . 
 
 Aet. 8.— Oflfences against Provisions of Ballot Act, 1872, 
 as to Secrecy of Voting. 
 
 Every officer, clerk, and agent in attendance at a polling station 
 must maintain and aid in maintaining the secrecy of the voting in 
 such station, and must not communicate, except for some purpose 
 authorised by law, before the poll is closed, to any person any 
 information as to the name or number on the register of voters of 
 any elector ivho has or has not applied for a ballot paper or voted at 
 that station, or as to the official mark, and no officer, clerk, or agent, 
 and no person lohosoever, is alloived to interfere v;ith or attempt to 
 interfere luith a voter tvhen marking his vote, or otherwise attempt to 
 obtain in the polling station information as to the candidate for whom 
 any voter in such station is about to vote or has voted, or com- 
 municate at any time to any j)erson any information obtained in a 
 polling station as to the candidate for whom any voter in such station 
 is about to vote or has voted, or as to the number on the back of the 
 ballot paper given to any voter at such station. Every officer, clerk, 
 and agent in attendance at the counting of the votes must maintain 
 and aid in maintaining the secrecy of the voting, and nmst not attempt 
 
 Oj) Ballot Act, 1872, Sohed. 1, i. 38. (7i) Ibid, i: 59. 
 
OFFENCES AS TO SECRECY OF VOTING. 45 
 
 to ascertain at such counting the number on the hack of any ballot 
 j>aper, or communicate any informatimi obtained at such counting as 
 to the candidate for ivliom any vote is given in any particular ballot 
 paper. No person is alloived directly or indirectly to induce any 
 voter to display his ballot paper after he has marked the same, so 
 as to make knoion to any person the name of the candidate for or 
 against whom he has so marked his vote (i). 
 
 Every person who acts in contravention of the above provisions is 
 liable, on summary conviction before two justices of the peace, to 
 imprisonment for any term not exceeding six months ivith or without 
 hard labour (i). 
 
 Note. — Every returning officer and every officer, clerk, or agent 
 authorised to attencT at the polling station or at the counting of 
 the votes, must, before the opening of the poll, make a statutory 
 declaration of secrecy, in the presence, if he is the returning officer, 
 of a justice of the peace, and, if he is any other officer or an agent, 
 of a justice of the peace or of the returning officer (k). 
 
 The provisions of sect. 4 of the Ballot Act, 1872, which are set 
 out in the above Article, must be read to the declarant by the 
 person taking the statutory declaration of secrecy. The form of 
 this declaration is as follows : 
 
 " I solemnly promise and declare that I will not at this election 
 for do anything forbidden by sect. 4 of the Ballot Act, 
 
 1872, which has been read to me." 
 
 Art. 9.— Polling Districts. 
 
 Every count)/ must be divided into polling districts, and a polling 
 place must be assigned to each district in sv^h manner that, so far as 
 is reasonably practicable, every elector resident in the county shall 
 have his polling place within a distance not exceeding three miles from 
 his residence, so nevertheless that a polling district need not in any 
 case be constituted containing less than one hundred electors (Z). 
 
 In every county the county council must from time to time divide 
 the county into polling districts, and assign polling places to those 
 districts, and alter those districts and polling places in such manner 
 as may be necessary for the purpose of carrying into effect the above 
 provision (m). 
 
 In a municipal borough the totvn council, and in a borough in which 
 the toivn council is not the local authority the justices of the peace for 
 the county in wldch such borough or larger part thereof in area is 
 
 (0 Ballot Act, 1872, s. 4. vention Act, 1883, s. 47 (1). 
 
 (k) Ibid. Sched. 1, r. 54. (m) Ibid. s. 47 (2) ; Local Government. 
 
 (0 Corrupt and Illegal Practices Pre- Act, 1888, s. 3. 
 
46 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 situate, assembled at some court of general or quarter sessions or at 
 some adjournment thereof, may exercise the power of dividing the 
 borough into polling districts from time to time and as often as they 
 think fit, and the said power is to be deemed to include the power of 
 altering any polling district ; and the local authority are from time 
 to time, where necessary for the purpose of carrying the section into 
 effect, to divide the borough into polling districts so that every elector 
 resident in the borough shall be enabled to poll within one mile from 
 his residence, but a polling district need not be constituted containing 
 less than 300 electors (n) . 
 
 Note. — No election can be questioned by reason of any non-com- 
 pliance with the requirements of this article, or any informality 
 relative to polling districts or polling places (o) . 
 
 As to the duty of the returning officer to provide at every polling 
 place a sufficient number of polling stations, see pp. 24 — 2,5, supra; 
 and as to the places which cannot be legally used as polling places, 
 see p. 25, supra. 
 
 Aet. 10. — Who may be a Voter. 
 
 At any election for a county or borough any person whose name is on 
 the register of voters for such county or borough is e^ititledto vote (p), 
 provided thathe is not, (1) a peer of the United Kingdom (q), or of Scot- 
 land, or of Ireland not actually elected and serving for a constituency 
 ill Great Britain (s) ; (2) a person holding any one of certain offices (t) ; 
 (3) a icoman (u) ; (4) an infant {x) ; (5) an alien (y) ; (6) an idiot (z) ; 
 
 (7) a lunatic who is not at the time of voting in a lucid interval (a) ; 
 
 (8) a?i imbecile who is not at the time of voting compos mentis (b) ; (9) a 
 person 2vho is so intoxicated as not to be compos mentis at the time of 
 voting (c) ; (10) a person convicted of treason or felony and sentenced to 
 death or penal servitude or imprisonment, either with hard labour or 
 exceeding twelve months, until he has suffered the punishment or received 
 a free pardon (d) ; (11) an election agent, sub-agent, polling agent, clerk, or 
 
 («) Eepresentation of People Act, (!<) Churlton v. Zings (1868), L. K. 4 
 
 1867, s. 34 ; 31 & 32 Vict. c. 58, s. 18 ; C. P. 374 ; Chorltoii v. Kessler, ib. 397. 
 
 Ballot Act, 1872, s. 5 ; Corrupt Practices (a;) 7 & 8 Will. 3, c. 25, s. 8 ; Stowe v. 
 
 Act, 1883, s. 47 (3) ; Registration Act, JuUiffe (1874), L. E. 9 C. P. 743, 750. 
 
 1885, s. 13 (4). Qy-) Middlesex (1804), 2 Peck, 118; 
 
 ((/) Ballot Act, 1872, s. 5 ; Corrupt Bedfm-d (1832), C. & E. 98 ; Isaacson i. 
 
 Practices Act, 1883, s. 47 (4). Hiinnit (1886), 17 Q. B. D. 54 ; 33 & 34 
 
 {ji) 6 Vict. c. 18, 79 ; 35 & 36 Vict. Vict. c. 14, s. 2. As to naturalisation, see 
 
 c. 33, s. 7 ; Stoioe v. JoUiffe (1874), L. E. 33 & 34 Yict. c. 14, ss. 9, 14. 
 
 9 C. P. 734. (;) Bedfordshire (1785), 2 Lud. 567. 
 
 (_(£) Com. Dig. tit. Pari. D. 10 ; Beau- (a) Heywood, 260. 
 
 Cham]} {Earl) v. Madresfield (1872), L. E. (*) Bridgeivater (1803), 1 Peck, 108 ; 
 
 8 C. P. 245. Oalthamptun (1791), 1 Fraser, 162. 
 
 (.0 39 & 40 Geo. 3, c. 67, art. 4 ; Ban- (c) Monmouth (1835), K. & 0. 413 ; 
 
 hury (1797), Heywood, 3lS ; Broitwich Wic/an (1837), Falc. & F. 695. 
 
 (1834), K. & 0. 65 ; Lord Be.ndlesham v. (d) 7 & 8 Geo. 4, c. 28, s. 13 ; 9 Geo. 4, 
 
 Haward (1873), L. E. 9 C. P. 252. c. 32, s. 3 ; 33 & 34 Vict. c. 23, s. 2. 
 
 (i) See Note 2, p. 52, infra. 
 
WHO MAY BE A VOTER. 47 
 
 messenger, if employed for payment (e) ; (12) a person convicted on 
 
 indictment ivithin the preceding seven years of a corrupt practice at a 
 
 parliamentary election (/) or convicted uitliin the preceding seven 
 
 years of a corrupt practice at a municipal election (g) ; (13) a person 
 
 found guilty on summary conviction ivithin the preceding five years of an 
 
 illegal practice at a parliamentary election tvithin the county or borough 
 
 in which the election is being held (h); (14) a person luho, as a candidate, 
 
 election agent or sub-agent, has within the preceding five years been 
 
 convicted of an illegal employment, payment, or hiring, at a parliamentary 
 
 election (i) ; (15) a person who within six months before or during the 
 
 said election has been retained, hired, or employed, for any of the 
 
 purposes of the said election for reivard as agent, canvasser, clerk, 
 
 messenger, or in any other like employment {k) ; (16) a person found 
 
 guilty of a corrupt or illegal practice or illegal employment, payment, or 
 
 hiring, at the said election (I) ; (17) a person convicted within the 
 
 preceding five years of an illegal practice at a municipal election {m) or 
 
 convicted toithin the preceding five years as candidate at a municipal 
 
 election of an illegal employment, payment, or Idring (n) ; (18) a person 
 
 who has within the preceding seven years been convicted of a corrupt 
 
 practice, or within the preceding five years of an illegal practice, at the 
 
 election of a member of a local hoard, of a member of Improvement 
 
 Commissioners, or of a poor law guardian (o) ; (19) a person who has 
 
 been convicted, ivithin the preceding six years, of a corrupt offence at the 
 
 election of a member of a school board which has been held witldn the 
 
 preceding six years (p) ; (20) a person who has been twice convicted under 
 
 the Public Bodies Corrupt Practices Act, 1889, s. 2 ; (21) a person 
 
 who is reported by an election court or Election Commissioners to have 
 
 been guilty of any corrupt or illegal practice at an election, whether he 
 
 obtains a certificate of indemnity or not, provided that he tvould have 
 
 been incapable of voting if he had at the date of such election been 
 
 convicted of the ofi^ence of which he is reported to have been guilty (q). 
 
 Note 1.— This is the effect of sect. 7 of the Ballot Act, 1872, 
 which is as follows : — 
 
 " At any election for a county or borough, a person shall not be 
 entitled to vote unless his name is on the register of voters for the 
 
 (e) Corrupt and Illegal Practices Pre- 1883, s. 17 (1) (England) ; 31 & 32 Vict, 
 
 vention Act, 1883, Sched. 1, Part 1, cl. 7. c. 48, s. 8 (Scotland) ; 31 & 32 Vict. u. 49, 
 
 (/) Corrupt and Illegal Practices Pre- s. 8 (Ireland), 
 
 vention Act, 1883, s. 6 (3). (Z) Corrupt Practices Act, 1883, s. 36. 
 
 (j) Municipal Elections (Corrupt (?«) Municipal Elections (Corrupt 
 
 Practices) Act, 1884, s. 2 (2), Practices) Act, 1884, s. 7. 
 
 (A) Ibid. s. 10. («) Ibid. ss. 7, 17 (2). 
 
 (0 Ibid. s. 21 (2) ; s. 25 (2) ; s. 10. (o) Ibid. ss. 2, 36, Sched. I. 
 
 (*) Representation of People Act, 1867, lp~) 33 & 34 Vict. c. 75, s. 91. 
 
 s. 11; Ballot Act, 1872, s. 25; Corrupt (j') Corrupt Practices Act, 1883, 
 
 and Illegal Practices Prevention Act, s. 38 (5). 
 
48 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 time being in force for such county or borough, and every person 
 whose name is on such register shall be entitled to demand and 
 receive a ballot paper and to vote, provided that nothing in this 
 section 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." 
 
 A candidate may vote if a registered elector (r). A militiaman 
 may vote if on the register (t). 
 
 Bankruptcy is not a disqualification (u). 
 
 A police constable on duty, being an elector in the constituency, 
 may poll at any polling station, on producing a certificate under 
 the hand of the chief constable, stating the name of the constable, 
 his number in the police force, his number and description on the 
 register, and the fact that he is unable, owing to being sent on 
 duty, to poll at his proper polling station. The presiding officer to 
 whom such certificate is produced, must allow the constable to 
 vote, and must then cancel the certificate, and place it with the 
 counterfoils of the used ballot papers (v). 
 
 The effect of sect. 7 of the Ballot Act is to render the register at 
 an election conclusive evidence of the right of any person to vote 
 whose name appears therein, and no one is entitled to vote unless 
 his name is on the register of voters for the time being in force. 
 The register is also conclusive evidence before any tribunal inquiring 
 into any election except in the cases of voters to whom some personal 
 disqualification attaches. 
 
 In Stoive V. Jolliffe (y) Lord Coleridge, C.J., said : — 
 
 " I think the true construction of these sections is to make the 
 register conclusive not only on the returning, officer, but also on 
 any tribunal which has to inquire into elections, except in the case 
 of persons ascertained by the proviso at the end of section 7. These 
 are ' persons prohibited from voting by any statute or by the common 
 law of Parliament.' " 
 
 "I do not think that these words are pointed at any of the cases 
 which my brother Mellor has referred to us. The receipt of alms, 
 supposing the alms in this case to be such as to disqualify ; the 
 receipt of parochial relief ; non-residence within the proper distance 
 of the borough ; non-occupation ; insufficient qualification — none of 
 these things appear to satisfy the words of this proviso. It does 
 not mean persons who from failure in the incidents or elements of 
 the franchise could be successfully objected to on the revision of 
 
 (r) Ilarmcli (1803), 1 Peck, 383. (^) Police Disabilities Removal Act, 
 
 (0 4o & 4« Vict. c. 49, s. 39. 1887 s 2 
 
 («) CamelMd (1819), C. & P. 256 ; (y) (1874), L. R. 9 C. P. 750. 
 
 Worcester (1834), K. & 0. 241. 
 
WHO MAY BE A VOTER. 49 
 
 the register ; it means persons who from some inherent or for the 
 time irremovable quality in themselves have not, either by prohibition 
 of statutes or at common law, the status of parliamentary electors. 
 Such, for example, are peers, whether of the United Kingdom, or 
 of Scotland, or of Ireland, women, persons holding certain offices 
 ■or employments the subjects of statutory prohibitions, and persons 
 convicted of crimes which disqualify them from voting. I do not 
 say that this list is exhaustive. It is enough to give examples of 
 the cases in which I think the register would be still open." 
 
 The register, therefore, will not be conclusive at the trial of an 
 election petition in the case of the persons mentioned in the above 
 Article, whether the disqualification occurs before or after registra- 
 tion. But in all these cases the presiding officer cannot refuse to 
 deliver a ballot paper if the person's name is on the register, though 
 if he votes his name may be cut off on a scrutiny. 
 
 In all cases, however, where the disqualification is not of a personal 
 nature the register will be conclusive even at the trial. The receipt 
 of alms or parochial relief before or since registration will not 
 therefore now disqualify, if the name be in fact on the register (z). 
 
 Similarly as to non-residence within the proper distance of the 
 horough (a), non-occupation or insufficient qualification (6), or 
 other non-personal disqualifications. 
 
 "It seems to me," said Channell, J., in Pembroke (c), "that the 
 policy o^ the Legislature has from the time of the Eeform Act of 1832 
 until the Ballot Act been to make it necessary to raise all questions 
 as to right to vote in the registration court, and to do this by 
 preventing them being raised at any other time or in any other 
 manner. . . . The 7th section of the Ballot Act, which, as inter- 
 preted and explained in Stowe v. Jolliffe, reads thus : ' At an election 
 a person shall not be entitled to vote unless his name is on the 
 register, even although he ought to be on, and every person whose 
 name is on the register shall be entitled to vote, even if it ought 
 not to be on.' " 
 
 Thus a pauper has no right to be put on the register, but if his 
 name is there, he is entitled to vote {d). 
 
 The presiding officer is in no way concerned with persons who 
 are disqualified from voting either by the common law of Parlia- 
 ment or by statute. If these persons are on the register their votes 
 must, if tendered, be accepted, though they will be struck off on 
 petition. " Now, the obvious intention of the proviso at the end 
 of sect. 7," said Lush, J., in Worcester (e), "is not in order that any 
 
 {z) Stuwe V. Jolliffe, stipra. 5 0. & H. 144. 
 
 \f. i?''f • « Sfwice ;. Jolliffe, mjira; Anaruthcr 
 
 f wj 7,u „ -r . „ V. TKiH-wMTOre 1886), 13 R. 577. 
 
 (c) Per Channell, J., m Pemlroke (1901), (e) (1880), 3 0. & H. 187. 
 
 L.E. ' „ 
 
60 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 objection of the kind mentioned in that proviso may he taken in the 
 l^olling booth, but the Legislature put in this proviso lest the enact- 
 ing part should be held to restore or make absolute the qualificaT 
 tion of a man who really has no qualification." 
 
 " When you say that the register is conclusive, as has often been 
 said, what you mean is this — that it is conclusive that the people 
 who are on it have the qualification which entitles them to be 
 there. It may be that they are not to be entitled to vote by reason 
 of the 7th section of the Ballot Act (e). . . . Until recent yearg 
 there was no register, and the register was instituted, I think, 
 for this purpose. There were ways of disputing who had a 
 right to vote — cumbersome and expensive ways — and the register 
 was instituted as a simple method of finding out, by means of 
 the revising barrister, who should be put on, the register. People 
 could claim to be put on, and people could object to others being 
 put on, and the claims and objections could be investigated by the 
 revising barrister. But in my judgment the intention of the Legis- 
 lature . . . was this, to compile a list, which, except in special cir^ 
 cumstances which are provided for, should be conclusive as showing 
 those people had passed a test as to whether they were to vote or 
 not, and have been declared to have satisfied that test " (/). 
 
 There are only two cases in which the presiding officer ought to 
 refuse to accept the vote : (1) where the person offering to vote is 
 not on the register, and (2) where the person offering to vote 
 declines to answer certain questions which the presiding officer is 
 required to administer to him, or declines to take the oath or make 
 the affirmation required by statute {g). 
 
 No inquiry is permitted at the time of polling as to the right of 
 any person to vote, except that the returning officer or his deputy {h) 
 or clerk or the presiding officer (j) shall, if required on behalf of 
 any candidate, put to any voter at the time of his tendering his 
 vote, and not afterwards, the following questions, or either of them: 
 
 1. Are you the same person whose name appears as A. B. on 
 the register of voters now in force for the county of \pr for 
 the riding, parts, or division of the county of ] , 
 or for the city [or borough] of [as the case may 6e] ? 
 
 2. Have you already voted, either here or elsewhere, at this 
 election for the county of [or for the riding, parts, or 
 
 division of the county of J , or for the city [or borough] 
 
 of [as the case may &e] ? 
 
 And if any person shall wilfully make a false answer to either 
 
 (e) See section set out on pp. 47 — iS, C?) Parliamentary Registration Act, 
 
 ""P/"-- „ 1843, s. 82. 
 
 (/) Per Darling, J., in Pemh-oJie (1901) (A) 6 & 7 Vict. c. 18, s. 81. 
 
 5 0. & H. at pp. 137, 138. (j) Ballot Act, 1872, s. 10. 
 
RETURNING OFFICER MAY BE REQUIRED TO QUESTION VOTER. 51 
 
 of the questions aforesaid he shall be deemed guilty of a mis- 
 demeanour, and shall and may be indicted and punished accordingly ; 
 and the returning officer or his deputy shall, if required on behalf 
 of any candidate at the time aforesaid, administer an oath to any 
 voter in the following form : 
 
 "You do swear [or affirm, as the case may he], That you are the 
 same person whose name appears as A. B. on the register of voters 
 now in force for the county of or for the riding, parts, 
 
 or division of the county of or for the city or borough 
 
 of [as the case may he], and that you have not before voted, 
 
 either here or elsewhere, at the present election for the county 
 of [or for the riding, parts or division of the 
 
 county of ] or for the city or borough of [as the case 
 
 may he]. So help you God." 
 
 In a borough divided into divisions, instead of the second question 
 set out above, the following question must be asked (i) : " Have 
 you already voted here or elsewhere at this election for the borough 
 of either in this or in any other division ? " 
 
 The meaning of the first of the above questions, and of the 
 corresponding clause in the oath, is not whether the person ten- 
 dering his vote is rightly named in the register as A. B., but 
 whether he is the person whom the name A. B. was intended to 
 designate there, so that George Jones, if entered in the register as 
 John Jones, would be entitled to answer " Yes " to the question, 
 whilst anyone else, though actually named John Jones, if he did so 
 would be guilty of a misdemeanour (,;). 
 
 Thus in New Sarum (k), William Morris was entered on the 
 register as John Morris. He stated at the poll that his name was 
 William Morris, and the returning officer rejected his vote on the 
 ground that his name was not on the register, but on appeal the 
 committee directed it to be added to the poll. 
 
 The questions must be put precisely in the forms prescribed 
 and no vote can be rejected unless they have been so put {m). 
 
 The answers must be positive and unequivocal. Therefore, if a 
 voter, instead of answering " I am," or, " I have not," or words to 
 the same effect, should say to the first question, " I think so," or, 
 " I should say I am " ; or to the second question, " I don't think I 
 have," or, " If I did I should not come here," or give any similarly 
 unpositive or evasive answer, the presiding or other officer would be 
 justified in refusing to give him a ballot paper (n). 
 
 (0 Eeaistribution of Seats Act, issrj, (;«) Ca)iterh(jy {l8S5),K.kO. 323.326 
 
 >-■ 13 (4). 327. 
 
 (.?') B. V. nncaifci (1863), 1 E. & B. 704. («) J/otiiiio)if/i, K. & 0. 414 ; Tmiiiton 
 
 (*) (1833), I'. & K. 2C1 ; see also Kaulk. & Fitzh. n03. 
 
 Oldham (l«6y), 1 0. i: H. 152, 1.53. 
 
 E 2 
 
52 THE LAW OP PARLIAMENTARY ELECTIONS. 
 
 Where a voter, to whom the questions, with or without the 
 oath, are put, then declines to answer, but subsequently presents 
 himself to vote and offers to answer the questions and take the 
 oath if required, the better opinion seems to be that the presiding 
 officer ought to repeat the questions, or administer the oath, with 
 a view to allowing him to vote (o). 
 
 Where a person claims to vote ia respect of a qualification in 
 virtue of which someone else has already voted, the presiding 
 officer must deal with the matter as directed by rule 27 of the 
 Ballot Act, 1872. This rule provides that if a person representing 
 himself to be a particular elector named on the register, applies for 
 a ballot paper after another person has voted as such elector, the 
 applicant shall, upon duly answering the questions and taking the 
 oath permitted by law, be entitled to mark a ballot paper in the 
 same manner as any other voter, but the ballot paper (called a 
 " tendered ballot paper"), must be of a colour differing from the 
 other ballot papers, and, instead of being put into the ballot box, 
 must be given to the presiding officer, and endorsed by him with 
 the name of the voter and his number on the register, and set 
 aside in a separate packet, and must not be counted by the 
 returning officer. 
 
 The name of the voter and his number on the register must also 
 be entered in the " tendered votes list." 
 
 Unless a vote which is void falls under one of the three heads 
 dealt with above, the returning officer is bound to receive the vote 
 as if it were valid, and it can only be dealt with on petition. 
 
 As to when votes may be lost or thrown away, see pp. 212 — 215, 
 infra. 
 
 Note 2. — A person holding any one of certain offices. Under this 
 head come : — (1) a returning officer at the said election, unless upon 
 a count the votes of the candidates are equal, in which case the 
 returning officer, if a registered elector, may give a casting vote {p) ; 
 (2) a Scots sheriff, a sheriff substitute, a sheriff clerk, a deputy 
 sheriff clerk, a town clerk, or depute town clerk for the respective 
 shire, city, burgh, town, or district within which the said election 
 is being held (q) ; (3) an assessor of a Scots county (r) or Scots 
 burgh (s) ; (4) various officers connected with the constabulary and 
 police in Ireland (<). 
 
 Qo)eimwestersh;.re 0.777), Mala, IVA. (Dublin Metropolitan Magistrates and 
 
 yV o,°\.^?!'' ^**^2' ^- 2- Police). The disqualifications formerly 
 
 yn ^ & d Will. 4, c. 65, s. 36. attaching to the police in Great Britain 
 
 ;'< in r „" 1'°*- °' **^' '^- ^'■^- were abolished by the Police Disabilities 
 
 ,5 i . -?"J',?'- ''■ '''*• ^- **• Removal Act, 1887. See pp. 362-363, 
 
 (0 6 & 7 Will. 4, c. 13, s. IS (Irish Ufra. 
 Constabulary) ; G & 7 Will, i, c. 29, s. 19 
 
WHO IVIAY BE EMPLOYED FOR PAYMENT BY CANDIDATE. 53 
 
 Art. 11.— What Persons can be Legally Employed for 
 Payment by a Candidate. 
 
 .1 candidate can only employ the following persons for pay- 
 ment (m) :— (1) One election agent (x) ; (2) in a county, hut not in a 
 borough, one deputy election agent {in the Corrupt Practices Act, 
 1883, referred to as a sub-agent) for each polling district ; (3) one 
 polling agent in each polling station ; (4) (a) in a county, for the central 
 committee room, one clerk and one messenger when the number of electors 
 in the county does not exceed 5,000, and an additional cleric and 
 messenger for each additional 5,000 or fraction thereof, (b) in a 
 county, for each polling district, or in a borough, one clerk and one 
 messenger when the number of electors in the polling district or horniinh 
 does not exceed 500^ and an addiliaiutl rlrrl,- and iiii'sm'iifiiT far <itcli 
 (idditional 500 or fractional part thereof {it) ; (5) any person niiuse 
 employment arises in co7isequence of the candidate incurring any of the 
 expenses authorised (a) under Schedule I., Part II., of the Corrupt 
 Practices Act, 1883, unless such employment is otherivise prohibited, or 
 (b) under s. 48 of the said A(ft in the conveyance of voters by sea in 
 the cases therein specified {xx). Where a county or borough is divided, 
 each division is considered a separate constituency {y). 
 
 Note 1. —If the candidate employs any person for payment other 
 than those mentioned above, he is guilty of an illegal practice, 
 and if he is elected his election will be void. Further, on sum- 
 mary conviction he is liable to a fine of lOOZ. {z), and if reported 
 guilty by an election court he is incapable for seven years of being 
 elected to or sitting in the House of Commons for the county or 
 borough within which the illegal practice has been committed (a), 
 and in both cases {a) he is also incapable for five years of being 
 registered as an elector or voting at any parliamentary election, 
 or election for a public oflBce, held for or within the county or 
 borough within which the illegal practice has been committed. 
 
 Any such paid election agent, sub-agent, polling agent, clerk and 
 messenger may or may not be an elector, but may not vote (6), and 
 if he does so is guilty of an illegal practice (c), and also of a 
 misdemeanour {d). 
 
 Note 2. — Any person whose employment arises in consequence of the 
 candidate incurring any of the expenses authorised under Schedule I., 
 Part II., of the Corrupt Practices Act, 1883. These expenses are 
 
 («) Corrupt Practices Act, 1883, s. 17 ; (z) Con-upt Practices Act, 1883, ss. 10 
 
 ibid. Sched. 1, Pt. 1. 43 (4). . 
 
 (jt) Ibid. o. 24 (1). The appointment (a) Ihid. s. 11. 
 
 of nil election agent is obligatory : ibid. (IT) 1 bid. Sched. 1 , Pt. 1 (7). 
 
 (*») Sec p. 328, infra. (c) 1 bid. s. 9. 
 
 Cy) Redistribution of Seats Act, 1885. (d) Representation of People Act 18G7 
 
 s^- S »■ s. 11. r , , 
 
54 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 as follows : — (1) Sums paid to the returning officer for his charges 
 not exceeding the amount authorised by 38 & 39 Vict. c. 84 ; (2) the 
 personal expenses of the candidate ; (3) the expenses of print- 
 ing, the expenses of advertising, 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 expenses of one com- 
 mittee room, and if the number of electors in the borough exceeds 500, 
 then of a number of committee rooms not exceeding the number of 
 one committee room for every complete 500 electors in the borough, 
 and if there is a number of electors over and above any complete 500 
 or complete five hundreds of electors, then of one committee room 
 for such number, although not amounting to a complete 500; 
 (7) in a county the expenses of a central committee room, and, in 
 addition, of a number of committee rooms not exceeding in number 
 one committee room for each polling district in the county, and where 
 the number of electors in a polling district exceeds 500 one addi- 
 tional committee room may be hired for every complete 500 electors 
 in such polling district over and above the first 500. 
 
 For the decisions of the Courts as to what constitutes illegal 
 employment, see pp. 145—153, 171 — 176, infra. 
 
 Aet. 12— Election Agent Obligatory. Who may be 
 Appointed. 
 
 Every candidate must appoint an election agent, hut may not 
 appoint more than one ; such election agent must he named hy or on 
 hehalf of the candidate on or before the nomination day, and the name 
 and address of such agent must he declared in uniting hy a candidate 
 or hy some other person on his hehalf to the returning officer on or 
 hefore the nomination day (d). 
 
 A candidate for a county or burgh may appoint, to he Ms 
 election agent, himself (d), a sheiiff substitute, sheriff clerk and toivn 
 clerk (e), or any other person — except (1) a returning officer for such 
 county or burgh or his deputy (/), or any partner or clerk of either of 
 them(g) ; (2) an officer appointed hy the returning officer in pursuance of 
 the Ballot Act or any partner or clerk of such officer {g) ,- (3) any person 
 whom he knows to have been in the preceding seven years convicted of any 
 corrupt practice by any competent tribunal, or reported guilty thereof 
 hy a committee of the House of Commons or a judge, upon an election 
 petitum under the Parliamentary Elections Act, 1868, or commissioners 
 appointed in pursuance of the Election Commissioners Act, 1852 (fe). 
 
 W 2^& 3 Wi«'4''''fr^°*;.?^^' =• 2*- C7) BaUot Act, 1872, s. 11. 
 
 r A l^.n,3 ; :■ ""■ ^I'^- ''^ ('*) parliamentary Elections Act, ISSS, 
 
 C/) Kepresentationof People Act, 1867, s 44 
 s, 50. r 1 , 
 
ELECTION AGENT OBLIGATORY. WHO MAY BE APPOINTED. 55 
 
 The appointment of the election agent is revocable, and in the event 
 of a revocation of the appointment or death of an election agent, 
 whether before, during or after the election, another election agent 
 must be appointed forthwith, and his name and address declared in 
 uriting to the returning officer (k). 
 
 Note 1. — The office of election agent was created by the Corrupt 
 Practices Act, 1883. " The object of the Act," said Field, J., in 
 Barrow-in-Furness {I), " is, that a person shall be the election agent, 
 who shall be effectively responsible for all the acts done in pro- 
 curing the election. He is to hire the polling clerks ; that is a 
 distinct and positive enactment. He is to hire everybody ; no man 
 is to be paid money by anybody that does not pass through his 
 hands. No contract is to be made by anybody but him ; he is the 
 person to make the contract, because he is a known and responsible 
 man who can be dealt with afterwards, and who can be looked to 
 afterwards for an explanation of his conduct in the management of 
 the election. It is not to be left, says the Legislature, to uncertain 
 bodies of people, to floating committees, or bodies of that sort, or 
 even to a series of inferior people, who we know in the former days 
 of elections were called managers, and people of various descriptions 
 and denominations, and whose acts no one would be responsible 
 for, or know anything at all about. The object of the Act was, it 
 seems to me, that the affairs of the election should be carried on in 
 the light of day, and that a respectable and responsible man, 
 responsible to the candidate and to the public, should be there to 
 do all that was necessary." 
 
 A candidate can only have one election agent (m), but the same 
 person can be election agent for two or more candidates (»)• The 
 election agent is not required by statute to have any particular 
 qualification. His appointment need not be in any particular 
 form, nor need he be paid anything for his services. It is, 
 however, desirable that the terms of his appointment should be in 
 writing, and one of them should be that the sum to be paid to him 
 for his services shall be conditional upon there being a sufficient 
 balance to meet the same within the maximum expenditure allowed 
 by statute after payment of all the election expenses. 
 
 So far as circumstances admit, the rules applicable in the case 
 of a claim by an ordinary creditor (o) apply to a claim for his 
 remuneration by an election agent and to the payment thereof, and 
 
 (A) Corrupt I'ractices Act, 1883, s. 2i 2i (4). 
 <4). («) Ibiil. Sched. 1, Pt. o (4). 
 
 (0 (1886), 4 0. & H. at pp. 82, 83. («) As to what these rules iiro, see 
 
 (/«) Corrupt Practices Act, 1883, s. p. 138, iiij'ru. 
 
56 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 if any difference arises respecting the amount of such claim, the 
 claim ^¥ill be regarded as a " disputed claim " (p), and will be dealt 
 with in the same manner as any other disputed claim (q). 
 
 Time of appointineiit. — The election agent need not be appointed 
 until the nomination day (»■)■ It is, however, very desirable that his 
 appointment should not be unnecessarily delayed, for, until it is ' 
 made, no polling agent, clerk, or messenger employed for payment 
 can be appointed, and no committee room hired, on behalf of the 
 candidate(s) ; nor is any contract whereby expenses are incurred on 
 account of or in respect of the conduct or management of an election 
 enforceable against a candidate, unless made by the candidate 
 himself (t), nor can any payment, advance, or deposit be made in 
 respect of any expenses incurred on account of or in respect of the 
 conduct or management of the election («) . 
 
 The election agent should warn persons whom he employs for 
 payment that they must not vote. In Stepney Borough {x) one of 
 the charges against the election agent was that he had procured 
 persons, who were disqualified, to vote. As to this Cave, J., said : 
 "There is no doubt that certain voters who were disqualified, by 
 being employed for pay in the election, did vote, which they ought 
 not to have done. They were, however, called, and said they did 
 not know they were disqualified ; and that is quite possible, as they 
 were persons who could not be expected to study the Act of Parlia- 
 ment. For that reason, however, it is incumbent on the agent who 
 employs them to warn them not to vote. But I come to the con- 
 clusion that he did not 'procure' them to vote; and though I do 
 not think he took enough trouble to prevent them from voting, that 
 would not amount to the offence with which he is charged, and of 
 which, therefore, he must be acquitted." 
 
 Note 2. — Election agent must have an office and ought to keep certain 
 hooks. The election agent must have an office or place to which 
 all claims, notices, writs, summons, and documents may be sent, 
 within the county or borough where the election is to take place, 
 or within a county of a city or town adjoining thereto ; and the 
 address of such office or place must be declared to the returning 
 officer at the same time as the appointment of the election 
 agent (ij). If a candidate appoints himself as his election agent, he 
 must in like manner furnish the address of such an office or place. 
 
 The election agent for a division of a county must have his 
 
 Cjij) As to whatcoustitutes a '• disputed (f) I bill h ''7(2) 
 
 claim," sec also p. 18S, infm. („,) lb!,/, s. 28 (1). 
 
 Qo*-?i\*^°"'"P* I'l'a-ctices Act, 1883, s. (.;•) (1892), 4 O. & H. 178, 179. 
 
 ^V\, ,.„ ,. iy) Corrupt Practices Act, 1883; s, 
 
 ()•) JJayo (187-1), 2 0. & H. 191. 20 (1). 
 
 (») Corrupt Practices Aot,lS83, s. 27 (1). 
 
DUTIKS OF ELECTION AGENT. 57 
 
 office in that division, or within a county of a city or town adjoining 
 thereto (z). 
 
 The election agent " should enter in a book who are the 
 responsible people, who are the agents, who are the clerks, who are 
 the canvassers and so on ; and if this is done, at any rate he 
 cannot be complained of for not having done his duty and shown a 
 thorough desire to act honestly " (a). 
 
 "He ought to keep a cash-book, in which everything should be 
 set down in chronological order, so that it can be told by looking at 
 the cash-book exactly when each sum was spent, how it was spent, 
 and to whom it was given. He would be well advised also if he had 
 an order-book with counterfoils, which should be numbered con- 
 secutively, and wrote down every order upon the form and upon the 
 counterfoil, so that by an inspection of the book one could at once 
 see that all the counterfoils were there, and that everything that 
 had been ordered was put down in its place, and on the counterfoil 
 that belonged to it. Lastly, he would be wise to have a receipt book 
 made up in a similar form, and to take a receipt from the persons 
 to whom he pays any money, upon one of these forms, using them 
 also again consecutively and in chronological order. When a man 
 has got those documents he can come with confidence before an 
 election tribunal and say : ' These books represent everything i 
 have ordered, everything I have spent, everything I have paid' " (jb). 
 
 Art. 13. — Sub-Agents. 
 
 A siih-KiicHt can he appointed nt an rlcrtion in a county or division 
 (if a county (c), hut not at an election in a horoueih {d). 
 
 Every suh-ageiit who is employed for payment must be appointed hy 
 the election agent at least one clear day i/efore the polling, and not 
 more than one suh-agent may he appointed to act ivitldn each pollinrj 
 district (e). 
 
 The name and address of every suh-agent must he declared iit 
 writing to the returning officer hy the election agent one clear day 
 before the polling (/). 
 
 The appointment of a suh-agent is not vacated hy the election acient 
 who appointed him ceasing to he election agent, but may he revoked 
 hy the election agent for the time being of the candidate, and in. 
 the event of such revocation or <f the death of a sub-agent another 
 
 (;) Redistribution of ^cats Act, l.S,s:.. of Seats Act, l,s,So, s. !• (3). 
 
 ,-. ii (8^. (rf) CDiTupt Practices Act, 1883, Sched. 
 
 (<() I'ei- I'avc, J., ill Poiitcfnict (18112), 1 (.8) ; Kedistributiou of Scuts Act, 188."), 
 
 Hav's Election Cases, 35. s. 2, Scbed. 1, Pt. 1. 
 
 (b) Per Cave, J., in Stepney (18112). (e) Corrupt Practices Act, 1883, s. 2.';, 
 
 Con. Elect. Judgm. at p. 1)4. Sched. 1, Pt. 1 (2). 
 
 (r) Corrupt Practices Act, 1883, s. (/) Corrupt Practices Act, 1883, 
 
 ■i:, (1), Sched. 1, Pt. 1 (2) ; Redistribution s. 25 (3). 
 
58 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 sub-agent may he ajJi^oiiited, and his name and address shall he forth- 
 with declared in ivritimi to the rcturnini/ officer, who shall forthwith 
 give public notice of the same (g) . 
 
 Anyone may he appointed sub-agent, unless he is disqualified to he 
 an election agent (h). 
 
 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 Practices Act, 1883, 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 
 defaidt of a sub-agent which, if he were the election agent, ivoidd be 
 mi illegal practice or other ofence against the Act, shall he an illegal 
 practice and offence cogainst the Act committed by the sub-agent, and 
 the sidi-agent shall be liable to punishment accordingly ; and the 
 candidate shall suffer the Wee incapacity as if the said act or default 
 had been the act or default of the election agent (i). 
 
 Note. — The office of deputy election agent, or as it is called in 
 the Corrupt Practices Act, 1883, sub-agent, Avas, like the office of 
 election agent, created by that Act. Certain persons " perform the 
 duty of sub-agents, they conduct the election in their own particular 
 districts, and the Act intended that, where that is the case, they 
 should be nominated as sub-agents in order that where the election 
 agent had necessarily to delegate his authority to other people it 
 might be known who they were, and they might be held responsible 
 for their acts and omissions. It is for the very purpose that agency 
 under such circumstances should not be in dispute, and that the 
 persons who conduct the election locally should be responsible in 
 the way in which election agents are responsible, and not in the 
 way in which an ordinary agent is responsible, that the Act requires 
 that they shall be appointed sub-agents, and not that they should 
 either not appear as agents at all or be put down as clerks "(h). 
 
 Every sub-agent must have within his district, or within a 
 county of a city or town adjoining thereto, an of&ce 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 {I). 
 
 Aet. 14.— Polling Agents, Clerks, and Messengers. 
 
 The appointment of every polling agent, clerk, and messenger, 
 
 employed for ^Myment, must be made by the election agent by him- 
 
 (g) Corrupt Practices Act, 18S3, s. 25 (/i) Pei- Cave, J., iu JlewUm (1892), 
 
 W- Day's Election Cases, at p. 96. 
 
 (A) See Article 12, p. 5i, siijjra. {I) Corrupt Practices Act, 1883, s. 26 (1) ; 
 
 (i) Corrupt Practices Act, 1883, s. 25 (2). Redistribution of Seats Act, 1885, s. 9 (3). 
 
POLLING AGENTS, CLERKS, AND MESSENGERS. 59 
 
 self or hy his sub-agent, and only one polling agent can he appointed 
 in each polling station {in). 
 
 Notice in writing of the name and address of every such polling agent, 
 clerk, and messenger, employed for payment, must be given by the 
 election agent to the returning officer or his deputy previous to the time 
 fixed for taking the poll{n). 
 
 If the polling agent should die or become incapable of acting during^ 
 the time of election, another may be appointed, and notice in ivriting of 
 the name and address of the polling agent so appointed must be given 
 forthvitli to the returning officer (o). 
 
 Note. — As to the number of paid clerks and messengers that can 
 be legally employed.'see Article 11, p. 53, supra. 
 
 No special form of appointment is required, but in the case of 
 every paid polling agent, clerk, and messenger, the appointment 
 should be in writing, and should state the payment for his services. 
 
 Every such person may or may not be an elector, but may not 
 vote (2^). " It is incumbent on the agent who employs them to warn 
 them not to vote " (q). 
 
 Anyone may be appointed a paid polling agent, clerk, or messenger, 
 unless he is disqualified to be an election agent (?•). 
 
 The polling agent, or, as he used to be named, the personation 
 agent, attends at the polling station in order if possible to prevent 
 personation. The presiding officer may be required by him to put 
 the questions and administer the oath or declaration allowed by 
 statute to anyone applying for a ballot paper (s). 
 
 If at any time when any person presents himself as a voter, or 
 after he has voted, any polling agent shall declare to the returning 
 or presiding officer, that he believes and undertakes to prove that 
 the person voting is not in fact the person in whose name he 
 assumes to vote, or to the like effect, or that he has already voted at 
 the election, the returning or presiding officer is required by word of 
 mouth to order a constable or other peace officer to take such 
 person into custody ; for which the above order is to be sufficient 
 authority (i) . 
 
 Persons so charged shall be taken before two justices of the 
 county, &c., or borough, &c. ; or if the attendance of two cannot 
 
 (m) Hid. s. 27 (1) ; and Sched. 1, (1892), 4 0. & H. 178. 
 
 ^'H \^^\- ('■) ^^s Article 12, p. 54, tu/n-a. \„ 
 
 (») 6 ^ ict. c. 18, s. 85 (England) ; 13 & time is prescribed for the appointment of 
 
 14 Vict. c. 69, s. 92 (Ireland). clerks or messengei-s. 
 
 (o) Ballot Act, 1872, Sched. 1, r. 53. (<) 6 Vict. c. 18, s. 81 
 
 J-/2 ?p?P,' „^^^°"<=«^ Act, 1883, (0 6 Vict. c. 18, s. 86, as extended by 
 
 Sched. 1, Pt. 1 (7). the BaUot Act, 1872. ^ 
 
 (j) Per Cave, J., in Stepiuy Borough 
 
60 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 be secured within a certain time, viz., within three hours from the 
 close of the poll, then at the request of the person charged the 
 constable is required to take him before one justice, who is to release 
 him on his own recognisance with one sufficient surety to appear 
 before two justices at a specified time. If one such justice shall 
 not be found within four hours after the closing of the poll, then 
 such person is to be forthwith discharged ; provided also, that if by 
 reason of the absence of two justices or other cause the charge 
 cannot be inquired into at the time specified, the justices may 
 nevertheless inquire into the charge on a subsequent day, and, if 
 necessary, issue a warrant to apprehend the person charged (u). 
 
 If the justices are satisfied, on the oath of two witnesses,, 
 that the person has been guilty of personation, they are to commit 
 him for trial and bind over the witnesses. But if they are 
 satisfied that the charge has been made against him without reason- 
 able or just cause, or if the agent making it, or someone on his 
 behalf, does not appear to support it, they are to make an order on 
 the agent to pay a sum not exceeding lOL, and not less than 51., for 
 damages and costs if the person charged should accept it ; to be levied 
 under a warrant of any justice, in case of non-payment in twenty-four 
 hours, by distress on the goods of such agent, and if not sufficient, 
 on those of the candidate by whom such agent was appointed ; pro- 
 vided that if the person has consented before such justices to accept 
 the sum so ordered, and the same be paid or tendered, such agent 
 and candidate shall be released from all further proceedings, civil or 
 criminal, on account of such charge and apprehension (x). 
 
 The polling agent must make the declaration of secrecy (y). 
 
 If he endeavours to infringe the provisions of the Ballot Act as 
 to secrecy, he may be removed by the presiding officer ; but his 
 conduct will not render the election of the candidate on whose 
 behalf he was appointed void so long as such conduct does not 
 affect the result of the election (z). 
 
 Akt. 15. — Committee Rooms, how many, and where 
 Permissible. 
 
 The miinher of committee rooms that maij be hired is as follows. ■ 
 (1) III a borough one committee room for every complete 500 electors in 
 the constituency , andif there is a number of electors over and above any 
 complete 500, or complete five hundreds of electors, then one committee 
 room for such number, although not amounting to a complete 500, and 
 so on («) ; (2) Ml a county (a) one central committee room, and (b) one 
 
 00 6 Vict. c. 18, s. 87, as extended by (y) Ballot Act, 1872, s. 4. 
 
 the Ballot Act, 1872. p— << (L-) Bolton (1874), 2 0. & H. 138. 
 
 (.r) (i Vict. c. 1 8, ss.|SS, 89, as extended («) Corrupt Practices Act. 1883, 
 
 by the Ballot Act, 1872. Sched. 1, Pt. 2 (6). 
 
COMMITTEE ROOMS, HOW MANY, AND WHERE PERMISSIBLE. 61 
 
 committee room Jor each polling district in the constituency, and tvhere 
 the number of electors in the polling district exceeds 500 one additional 
 committee room for every complete 500 electors in such polling district 
 over and above the first 500(/)). 
 
 The following premises must not be used as a committee room for the 
 purpose of promoting or %)rocuring the election of a candidate at an 
 election : (a) Any premises upon ivhich the sale by loholesale or retail 
 of any intoxicating liquor is authorised by licence, whether the licence 
 be for consumption on or of the premises ; (b) any premises ivhere 
 any intoxicating liquor is sold or is sup2]licd to members of a club, 
 society, or asaociation, other than a permanent political club ; (c) any 
 premises ivhere refreshment of any kind, whether food or drink, is 
 ordinarily sold for Consumption on the jwemises ; (d) the premises of 
 any public or elementary school in receipt of an annual parliamentary 
 grant or any part of such premises (c). It is, however, permissible to 
 use any part of the aforesaid premises ivhich 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 com- 
 munication with any part of the premises on which any intoxicating 
 liquor or refreshment is sold or supplied as aforesaid (d) . 
 
 Note. — In accordance with the last of the above provisions it 
 has been held permissible to use as a committee room a room 
 forming part of licensed premises ordinarily let for the purpose of 
 holding public meetings, but which had no direct communication 
 with any part of the premises on which liquor was sold(e). See 
 also p. 178, infra. 
 
 Art. 16. — When an Election is Void. 
 
 An election is void {ee) — (1) if it is not a real election ; or (2) if the 
 election ivas not conducted in accordance with the principles of the sub- 
 sisting election laws; or (3) if the successful candidate or any agent 
 of his has been guilty of any of the following corrupt practices : 
 (a) bribery (/), (b) treating (g), (c) undue influence (li), (d) personation 
 or aiding personation (i) ; or (4) if the successful candidate or his 
 election agent has been guilty of the corrupt practice of knowingly 
 making a false declaration respiecting election expenses [k) ; or (5) if the 
 successful candidate personally engages any person as a canvasser 
 or agent knowing that such person has within seven years previous 
 to such engagement been found or reported guilty of any corrupt 
 
 (*) Comipt Practices Act, 18S3, (/') Article 1.S, p. ill), ;«y>«. 
 
 Sclied. 1, Pt. 2 (7). (f/) Article 1», p. Kill, iiifni. 
 
 {r^ IVid. s. 2(1. (/() Article 20, p. 121, iiifra. 
 
 {d) Ihid. (0 Corrupt Practices Act, 1883, ss. -I, 
 
 (e) Coclienmuih (1901), 5 0, & H. at 5, ti ; Article 21, p. VH, infra. 
 
 P- 155. (*) Corrupt Practices Act, 1883, ss. 4, 
 
 (ee) As to when relict will be granted, 5, 6, 33 (1) ; Article 22, p. l;)6, tii/ru. 
 
 see p. 179, infra. See also s. 25 (2). 
 
62 THE LAW OP PARLIAMENTARY ELECTIONS. 
 
 practice (l) ; or (6) if the successful candidate or any agent of his is 
 guilty of any of the illegal j}ractices mentioned in Article 23 (1), (6) {II) ; 
 or (7) [f the successful candidate or his election agent, or sub-agent within 
 his district, is guilty of the illegal practice mentioned in Article 23 (9), 
 or has authorised or consented to the committing of such illegal practice 
 by any other agent, or has paid for the circulation of the false statement 
 constituting such illegal practice , or if the election court finds and reports 
 that the election of stich candidate icas procured or materially assisted 
 ill consequence of such false statement by such other agent (m) ; or (8) ij 
 the successful candidate or his election agent, or sub-agent within his 
 district, is guilty of any of the illegal practices mentioned in Article 23 
 (2), (8), (4), (5), (7), or is personally guilty of illegal payment, employ- 
 ment, or liiring (n) ; or (9) if the successful candidate or his election 
 agent {nn) is guilty of the illegal practice mentioned in Article 23 (8) ,- 
 or (10) if the person elected was disqualified from being a candidate 
 under Article 1, supra. As to iciien relief will be granted, see 
 Articles 27, 28, and 29, at pp. 178—185, infra. 
 
 Note 1. — An electimi is void if it is not a real election. The election 
 may be void by reason of acts for which the candidate is in no way 
 responsible. Thus it may be void by reason of — (a) general bribery; 
 (b) general treating ; (c) general intimidation ; (d) irregularities 
 committed by officials which affected the result of the election (o). 
 
 Where there has been general bribery, general treating, or general 
 intimidation, prevalent to such an extent that there could not be a 
 free election, the election is void at common law, even though the 
 acts in question could not be traced to the candidate or any agent 
 of his. In the language of Andrews, J., in South Meath (p) : — 
 
 "Do not be mistaken and suppose that . . . general corrup- 
 tion, quite apart from acts of the members or their agents, 
 would not have the effect of vitiating an election. It clearly would, 
 because it would show there was no pure or free choice in the 
 matter — that what occurred was a sham, and not a reality" (q). 
 
 " If there has been general corruption, although it does not appear 
 to have been done by any agent, — I mean either general corruption, 
 preventing the election representing what it ought to represent, that 
 is, the feeling of the constituents ; or general intimidation, so that 
 you may say it is evident that the election is not a free one, — in 
 that case, although it is not brought home to the agent, the election 
 would not be good by the common law of Parliament " (r). 
 
 (0 Parliamentary Elections Act, 18(;S, (18-tS). 1'. li. & P. 112 ; Lonfifovd. (1870), 
 
 i^. a. 2 0. & H. 7 ; //»«r.v v. Tiirni'v 1876), 
 
 («) Article 20, p. 121, iiifm. L. l\. 1 C. P. D. (wU ; Eunt Chiiv (1892), 
 
 (ill) See pp. 141, ICO— 1(;4, 'inl'ni. 4 0. & H. I(i3. 
 
 («) Articles 24, 25, 2(;, pp. 105, 171, 1 72, (y;) (1892), 4 0. i; H. at p. 13!). 
 
 305, 366, iiifrii. (y) Pgf Willes, J., in Guildford (1869), 
 
 (»«) As to the effect of the acts of a 10. & H. 15. 
 
 sub-agent, see Corrupt Practices Act, (r) Per Blackburn, J., in Stafford 
 
 1883, ss. 25, 34. (1869), 1 0. & H. 234. 
 
 («) Athloiw (1843), B. & A. 122 ; Bye 
 
ELECTION IS VOID IF NOT REAL. 63' 
 
 " The policy and the theory of the law is, that a man upon 
 whom the elective franchise is conferred should judge for himself 
 which is the best and preferable candidate, and give his vote 
 accordingly. But influences are brought to bear upon men which 
 cannot be prevented. There are some influences which are called 
 due influences, and other influences which are called undue 
 influences, and the law has endeavoured to punish the use of undue 
 influences. Amongst these influences there are what are called 
 bribery, treating, and oppression, that is, an improper and undue 
 pressure put upon a man. But if pressure is put upon a man, or 
 a bribe is administered to him, no matter by whom, or refresh- 
 ments are given to a man, no matter by whom, for the purpose of 
 affecting his vote, the effect is to annihilate the man's vote, because 
 he gives his vote lipon an influence which the law says deprives 
 him of free action ; he becomes a man incompetent to give a vote,, 
 because he has not that freedom of will and of mind which the law 
 contemplates he ought to have for the purpose of voting. But 
 that affects the man alone, it does not affect the candidate ; it has- 
 merely the effect of extinguishing the vote, and if there was a 
 scrutiny for the purpose of ascertaining who had the majority of 
 lawful votes, that man's vote ought to be struck off the poll, but 
 that is all. But it has been long held, before these Acts of 
 Parliament passed at all, that by the common law of the land, that 
 is, law not created by the enactments of Acts of Parliament, bribery,, 
 undue influence, and undue pressure vitiate an election. So that 
 if it had been proved that there existed in this town, generally, 
 bribery to a large extent, and that it came from unknown quarters, 
 that no one could tell where it had come from, but that people were 
 bribed generally and indiscriminately; or if it could be proved, 
 that there was treating in all directions on purpose to influence 
 voters, that houses were thrown open where people could get 
 drink without paying for it, — by the common law such election 
 would be void, because it would be carried on contrary to the 
 principle of the law " (q). 
 
 In Hackney (r) Grove, J., in discussing the effect on an election 
 of irregularity in the opening of polling stations, said: "Counsel 
 was bound to admit that if the irregularity was so great as to 
 prevent the election being a true election, that would avoid it even 
 at common law. ... An election which is conducted in such a way 
 as (whether by accident or design) not to afford to the very large 
 mass of the electors an opportunity of voting, cannot be a true 
 election of members." 
 
 (?) Per JIartin, 13., in Bradford (^ISSQ), (?•) (187i), 2 0. & H. at p. 81. 
 
 1 0. & H. 40, 41. 
 
64 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 In Warrington (s) it was held that confusion at the polling hooth 
 does not avoid the election. It is the duty of every voter to tender 
 his vote to the poll clerk. " If," said Martin, B., " a man, instead of 
 asking who was the person to take his vote, were to go and put a 
 ticket before a man who is not the polling clerk and leave it there, 
 that man has not voted at all. He has no right to complain. He 
 ought to have taken the ordinary trouble to ascertain that he had 
 voted aright. What more can the mayor possibly do than put a 
 poll clerk in the booth ? If people will not inquire who is the poll 
 clerk, they must take the consequences." 
 
 In Woodward v. Sarsons (f) the Court of Common Pleas (Lord 
 Coleridge, C.J., Brett, Archibald and Denman, JJ.), in a considered 
 judgment, laid down the law as follows: — "An election is to be 
 declared void by the common law applicable to parliamentary 
 elections if it was so conducted that the tribunal which is asked to 
 avoid it is satisfied as matter of fact, that there was no real electing 
 at all. The tribunal should be so satisfied, i.e., that there was no 
 real electing hy the constituency at all, if it were proved to its 
 satisfaction that the constituency had not in fact had a fair and 
 free opportunity of electing the candidate which the majority might 
 prefer. This would certainly be so, if a majority of the electors 
 were proved to have been jDrevented from recording their votes 
 effectively according to their own preference, by general corruption 
 or general intimidation, or by being prevented from voting by want 
 of the machinery necessary for so voting, as by polling stations 
 being demolished or not opened, or by other of the means of voting 
 according to law not being supplied, or supplied with such errors 
 as to render the voting, by means of them, void, or by fraudulent 
 counting of votes, or false declaration of numbers by a returning 
 officer, or by other such acts or mishaps. And we think that the 
 same result should follow if, by reason of any such or similar 
 mishaps, the tribunal, without being able to say that a majority 
 had been prevented, should be satisfied that there was reasonable 
 ground to believe that a majority of the electors inay have been 
 prevented from electing the candidate they preferred. But if the 
 tribunal should only be satisfied that certain of such mishaps had 
 occurred, but should not be satisfied either that a majority had 
 been, or that there was reasonable ground to believe that a majority 
 might have been, prevented from electing the candidate they pre- 
 ferred, then we think that the existence of such mishaps would not 
 entitle the tribunal to declare the election void by the common 
 law of Parliament. This, we think, is the result of comparing 
 
 (s) (1869), 1 0. & H. at p. 45. {t) (1875), L. R. 10 C. P. 733 ; see 
 
 Appendix V., p. 391, infra. 
 
ELECTION VOID IF NOT CONDUCTED IN ACCORDANCE WITH LAW. 6 5 
 
 the judgments of Grove, J., at Hackney (u) and Dudley (x) with 
 the judgments of Martin, B., at Salford (y), and of Mellor, J., at 
 Bolton {z), all which judgments are in accordance with, but express 
 more accurately the grounds of, the decisions in Parliament in the 
 older cases of Norfolk {a), Morpeth (b), Pontefract (c), Coventry (d). 
 New Ross (e), and Drogheda" (/). 
 
 " Freedom of election," said Andrews, J., in South Meath (g), " is 
 at common law absolutely essential to the validity of an election. 
 If this freedom be prevented generally, the election is void at 
 common law, and, in my opinion, it matters not by what means 
 the freedom of election may have been destroyed. This is wholly 
 independent of statute law. It would be absurd and unnatural to 
 contend that there, could be a valid election which was not a free 
 election. The statute law not only leaves this common law prin- 
 ciple intact, but supplements it by stringent enactments, visiting 
 candidates and all others with severe penalties for interfering with 
 the purity or freedom of elections either directly or indirectly." 
 
 Note 2. — That the election was not conducted in accordance tcith 
 the principles of the subsisting election laws. In Drogheda (/), 
 Barry, J., said this principle of the common law of Parliament 
 was laid down in numerous cases, and it is now expressly recog- 
 nised by statute, for by sect. 13 of the Ballot Act, 1872, it is 
 provided that " no election shall be declared invalid by reason of a 
 non-compliance with the rules contained in the Ist Schedule to 
 this Act, or any mistake in the use of the forms in the 2nd 
 Schedule to this Act, if it appears to the tribunal having cogni- 
 sance of the question that the election was conducted in accord- 
 ance with the principles laid down in the body of this Act, and 
 that such non-compliance or mistake did not affect the result of 
 the election." 
 
 It should be noticed that the rules in the 1st Schedule of the 
 Ballot Act and the forms in the 2nd Schedule are directory enact- 
 ments as distinguished from the absolute enactments in the sections 
 in the body of the Act, and that " an absolute enactment must be 
 obeyed or fulfilled exactly; it is sufficient if a directory enactment be 
 obeyed or fulfilled substantially 7 {h). 
 
 In their considered judgment in Woodward v. Sarsons (h) the 
 Court said : "An election is to be declared void by the common law 
 
 («) (1874), 2 0. & H. 81. (c) Ibid. 377. 
 
 (*J J bid. 115. (rf) (1706), 15 Journ. 276. 
 
 (y) (1869), 1 0. & H. 133. (e) (1853), 2 Pow. Rod. & D. 198 
 
 (-) (1874), 2 0. & H. 138. (/) (1859), W. & D. 206. 
 
 («) (1679), Heyw. Co. Elect. 55.5 n. C?) (1892), 4 0. & H. at 139 
 
 CO (1775), 1 Dougl. 147. (/t) (1875), L. E. 10 C. P. 746. 
 L.B. 
 
66 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 applicable to parliamentary elections, if it was so conducted that the 
 tribunal which is asked to avoid it is satisfied as matter of 
 fact . . . that the election was not really conducted under the 
 subsisting election laws. ... As to this, i.e. that the election was 
 not really conducted under the subsisting election laws at all, 
 though there was an election in the sense of there having been an 
 election by the will of the constituency, we think that the question 
 must in like manner be, whether the departure from the prescribed 
 method of election is so great that the tribunal is satisfied as matter 
 of fact that the election was not an election under the existing laws. 
 It is not enough to say that great mistakes were made in carrying out 
 the election under those laws; it is necessary to be able to say that, 
 either wilfully or erroneously, the election was not carried out under 
 those laws, but under some other method. For instance, if, during 
 the time of the old laws, with the consent of a whole constituency, a 
 candidate had been selected by tossing up a coin, or by the result of 
 a horse-race, it might well have been said that the electors had 
 exercised their free will, but it should have been held that they had 
 exercised it under a law of their own invention, and not under the 
 existing election laws, which prescribed an election by voting. So 
 now, where the election is to be an election by ballot, if either 
 wilfully or erroneously a trliole constituency were to vote, but not by 
 ballot at all, the election would be a free exercise of their will, but it 
 would not be an election by ballot, and therefore not an election 
 under the existing election law. But if, in the opinion of the 
 tribunal, the election was substantially an election by ballot, then 
 no mistakes or misconduct, however great, in the use of the 
 machinery of the Ballot Act could justify the tribunal in declaring 
 the election void by the common law of Parliament. We agree 
 upon this point with the answer attributed to Martin, B., before a 
 Committee of the House of Commons, with his decision at Salford, 
 and with the decisions of Mellor, J., at Bolton, and of Barry, J., at 
 Drogheda " (i). 
 
 In Greenock (k), where irregularities had been committed in 
 dividing the borough into polling districts and assigning to voters 
 their proper polling books, the election was held void. 
 
 "If . . . the Court sees that the effect of the transgressions was 
 such that the election was not really conducted under the existing 
 election law, or it is open to reasonable doubt whether these trans- 
 gressions may not have affected the result, and it is uncertain whether 
 the candidate who has been returned has really been elected by the 
 majority of persons voting, in accordance with the laws in force 
 (0 (1874), 2 0. & H. 201. (/j) (1869), 1 0. & H. 249. 
 
KLECTION vol D IF NOT CONDUCTED IN ACCORDANCE WITH LA W . 67 
 
 relating to elections, the Court is then bound to declare the election 
 void. . . . And it is to be borne in mind by the tribunal which has 
 to consider the validity of elections that it ought to act with great 
 caution. 'I adhere,' said Mr. Baron Martin in the JVarrington 
 case(i), ' to what Mr. Justice Willes said at Lichfield, that a judge, to 
 upset an election, ought to be satisfied beyond all doubt that the 
 election was void ; and that the return of a member is a serious 
 matter, and not lightly to be set aside ' " {m). 
 
 In Warrington {n),heioj:e using the words quoted above, Martin, B., 
 said : " Supposing it happened that the votes of half a dozen out of 
 2,000 or 3,000 voters are omitted to be taken, are all the other 
 votes to be set aside, and the election declared void? It would 
 be . . . ridiculous to say that because at one booth there is an 
 irregularity the whole of the rest of the borough should be put to 
 the trouble of a new election, and all that has taken place declared 
 null and void " (o). 
 
 In Drogheda(p), in consequence of some unforeseen accident, the 
 polling stations were not opened at the statutory hour of 8 a.m., and 
 no votes were or could be received until 8.45 a.m. It was clear that 
 the fact of not opening the polling stations until three-quarters of 
 an hour after the appointed time had no effect whatever upon the 
 result of the election, and that not a single voter was in consequence 
 prevented from voting ; in fact, the whole constituency was almost 
 entirely polled out before the poll was closed. The Court refused 
 to hold the election invalid by reason of this irregularity. 
 
 So, too, in East Clare (q) it was held that irregularities on the 
 part of the returning officer, not affecting the result of the election, 
 •did not render the election invalid. 
 
 In that case it was proved that at two of the polling places the 
 presiding officers had closed the poll while they adjourned for lunch, 
 and that in one of them the presiding officer had by a bond fide 
 mistake omitted to detach the voting paper from the counterfoil in 
 195 eases, but had given the voting paper with the counterfoil 
 attached to the voter, and after receiving it back had placed it, 
 with the counterfoil so attached, in the ballot-box, and the 
 votes were therefore bad. O'Brien, J., said: " I think that these 
 mistakes, although undoubtedly large, fall within sect. 13 of the 
 Ballot Act, 1872, and that the election ought not to be declared 
 invalid in consequence of them. Section 13 provides that an 
 
 (0 (1869), 1 0. & H. at p. 44. (1869), 1 O. & H. 249. 
 
 (m) Fer Kennedy and Darling, JJ., in (n) (1869), 1 0. & H. 42. 
 
 Islington (1901), 5 O. & H. at pp. 125, 126. (o) Warrington (1869), 1 0. & H 44 
 
 See also Mayo (1874), 2 0. & H. 191 ; (_?;) (1874), 2 0. & H. 201. Cf. GrihUn 
 
 J)rogheda,ihd.201. Cf. GrihMnY.KirUer t. ^rAe?- (1873), 7 Ir. Kep C L 30 
 (1873), 7 Ir. Kep. C. L. 30 ; Greeiwcli (?) (1892), 4 0. & H. 163. 
 
 F 2 
 
68 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 election shall not be declared invalid, by reason of a mistake or 
 non-compliance with the rule, if the election is conducted in accord- 
 ance with the principles of the Act, and if the non-compliance or 
 mistake did not affect ' the result of the election.' I do not at all 
 agree with the construction put upon that section by Mr. Justice 
 Grove in the Hackney case (2 0. & H. 77). ... In my opinion 
 that decision is entirely wrong. In Woodward v. Sarsons (L. E. 10 
 C. P. 733), no less than 294 votes were spoiled by the mistake of 
 the presiding officer, but they would not, if admitted, have turned 
 the scale against the successful candidate, and therefore did not 
 affect ' the result of the election.' It was held that this did not 
 render the election invalid, but that sect. 13 applied. In fact, that 
 case is altogether decisive of the present case." 
 
 Johnson, J., concurred, and observed that " the election was a 
 real election of the successful candidate by the majority of the 
 electors, and was conducted in substance according to the rules of 
 law, and that the admitted mistakes which had been made did not 
 affect the result of the election. It ought, therefore, not to be 
 invalidated." 
 
 The Ballot Act, 1872, s. 4, contains strict provisions for the 
 maintaining of the secrecy of voting, and severe penalties for their 
 infringement. A deliberate violation of these provisions by a poll- 
 ing agent will not however avoid the election (r), unless, indeed, it 
 has affected the result of the election (s) . 
 
 In Bolton (t) the respondent's polling agent at each polling station 
 was furnished with a register of the voters to which tickets were 
 attached opposite the name of each voter. As soon as a voter had 
 voted the agent stealthily tore off the ticket and put it in his 
 pocket, and subsequently conveyed it to some person outside the 
 polling station, and by this means persons outside knew, while the 
 poll was going on, who had voted and who had not voted. It was 
 proved by the petitioners that this proceeding was a deliberate and 
 wilful violation of the provisions of the Ballot Act, and it was con- 
 tended on their behalf that in consequence the election ought to be 
 declared void. In delivering judgment, Mellor, J., said : " There 
 is no doubt that the Legislature, when it passed the Ballot 
 Act, did intend that that should be a perfectly secret mode of 
 voting, as far as any instrumentality or machinery which it could 
 provide could make it so. . . . But, as it seems to me, no foundation 
 for attacking the seat can arise from the act of the personation agent, 
 or any other officer connected with the election. The punishment 
 is specified by the Legislature ; it must be found within the four 
 
 00 Bolton (187-t), 2 0. & H. 138. (0 (1874), 2 0. & H. 138. 
 
 (.v) Ballot Act, 1872, s. 13. 
 
ELECTION VOID IF NOT CONDUCTED IN ACCORDANCE WITH LAW. 69 
 
 corners of the Act of Parliament, and I have no power, neither has 
 the common law any power, to supplement any additional penalty 
 npon either the persons who transgressed the law or the persons for 
 whose sake or in whose favour such an act may have been done." 
 
 The respondent was declared duly elected. 
 
 In Woodward v. Sarsons (u), where the presiding officer marked 
 the face of the ballot paper with the number of the voter on the 
 burgess roll before delivering it to the voter for use, so that the 
 voters might have been identified, though this was not in fact done, 
 it was held that this did not avoid the election, though it would 
 avoid these votes on a scrutiny. 
 
 In the same case the presiding officer wrapped up each of the 
 voting papers of illiterate voters in the corresponding declaration of 
 inability to read (m), and placed them in the ballot box, so that it 
 would have been possible for the v-oters to be identified at the 
 counting of the votes, though this was not in fact done. It was 
 held that the election was not thereby avoided (x). 
 
 The election is not avoided by an omission of the election officers 
 to make the required declaration of secrecy (y). 
 
 Note 3. — If the candidate is iwoved to have personally engaged at 
 the election to which sueh petition relates as a canvasser or agent for 
 the management of the election any person knowing that such petson 
 has tvithin seven years previous to such engagement been found guilty 
 of any corrupt j^i'O-ctice by any competent legal tribunal, or been 
 reported guilty of any corrupt practice by a Committee of the House 
 of Commons, or by the report of the judge upon an election petition, 
 or by the report of commissioners, the election of siich candidate 
 shall be void. The candidate is proved to have " personally 
 engaged" the canvasser or agent, if the latter has been appointed 
 with the candidate's knowledge and consent ; it is not necessary 
 to prove that the candidate has had a personal interview with 
 him {z). 
 
 " The nature of the employment . . . must be ' as a canvasser 
 or agent for the management of the election.' . . . The sort of 
 agency pointed at is not by any means confined to a paid agent, but 
 ... he must be an agent for the management of the election. I 
 do not think," said Blackburn, J., " that it is necessary that he 
 should be an agent for the management of the whole election ; it 
 is enough if he is an agent for part of the election : he must be not 
 simply an agent who might be employed to such an extent as might 
 make the candidate answerable for corrupt practices committed by 
 
 («) See rr. 26, 29. (j) Xorth Koi-fulk (1869), 1 0. & H, 
 
 (jO (1875), L. R. 10 C. P. 733, 718. 238 ; Xurwich (1871), 2 0. & U. 40 
 
 (y) Di-of/lieda (187i), 2 0. & H. 2U1. 
 
70 THE LAW OF PAKLIAMENTARY ELECTIONS. 
 
 him, but he must be employed in the way of managing a portion of 
 the election " (a). 
 
 Note 4. — Distinction between corrupt and illegal practice. " A 
 corrupt practice is a thing the mind goes along with. An illegal 
 practice is a thing the Ijegislature is determined to prevent, whether 
 it is done honestly or dishonestly " (h). 
 
 " An illegal practice involves no question of motive, pure or 
 otherwise. The only question the Court has to consider is, whether 
 there has been a breach of the Act "(c). 
 
 Another distinction between a corrupt practice and an illegal 
 practice is that in the case of the former the Court has no power to 
 grant relief, whereas in the case of an act or omission which is an 
 illegal practice, the Court has power to except such act or omission 
 from being an illegal practice. 
 
 As to what constitutes a corrupt practice and an illegal practice 
 respectively, see Art. 17, p. 90, infra, and Art. 23, p. 139, infra. 
 
 Note 5. — By an;/ agent. The principles which govern the law 
 of agency in parliamentary elections have been thus explained by 
 the election judges : — 
 
 " The parliamentary practice, beginning from early times, always 
 was that a member was not merely to lose his seat on account of 
 bribery committed by himself personally, or which he personally 
 did, but that he was also to lose it when he was guilty of bribery 
 by his agents. The reason of that was obvious enough. Candi- 
 dates put forward agents to act for them, and if it were permitted 
 that these agents should play foul and that the candidate should 
 have all the benefit of this foul play, without being responsible for 
 it in the way of losing his seat if the foul play was committed by 
 the agents without the candidate having precisely known it, great 
 mischief would arise. Then, again, one cannot shut one's eyes to 
 the fact that, to a great extent, where corrupt practices were com- 
 mitted they were committed by persons who carefully abstained 
 from letting the member know precisely what they were going to 
 do. . . . In that way there was a great deal of corruption. I do 
 not doubt that these two principal grounds led to what was 
 undoubtedly the practice of election committees, that it was not 
 sufficient to say that the member himself was not guilty of corrupt 
 practices, or did not know of them, but that his seat was lost if he 
 was guilty by his agent. And that law, which was recognised by 
 
 (a) Nui'fh Xorfulk, 1 0. & H. 239 ; see (1886), 4 0. & H. at p. 77. 
 
 also Galwaij Bonmgh (1874), 2 0. & H. (e) Per Pollock, B., in Walsall (1892), 
 
 l'*6- Con. Elect. Judgment, at p. 63. 
 
 (J) Per Field, J., in Barroio-in-Fiirnegi 
 
AGENCY. 
 
 71 
 
 what one may almost call the common law of Parliament, is 
 recognised by the Legislature in the 17 & 18 Vict. c. 102, s. 36. 
 It is also recognised in the corresponding section (sect. 5) of the 
 Corrupt and Illegal Practices Prevention Act, 1883 " (d). 
 
 "It is a principle of substantive law that, for the preservation 
 of the purity and freedom of elections, the member returned shall 
 be answerable, not only for his own acts, but for the acts of his 
 agents, whom he puts in his place to represent him in the conduct 
 of the election. It is unnecessary after the luminous discussions 
 of that principle ... to enlarge upon it. It will be sufficient to 
 dismiss it with an illustration — an illustration, it is true, not 
 involving the constitutional principle which makes the chief value 
 of the rule, but which will at once show its good sense and its 
 justice. If a race were to take place between two vessels for a 
 prize, and the steersman aboard one of those vessels was to thwart 
 his opponent by declining to give way to the vessel that had a 
 right to keep her wind, or if one of the crew hoisted an extra sail 
 not allowed by the rules of the race, and the vessel aboard which 
 that foul play took place was to come in first, the owner could not 
 claim the prize, even by showing that he was away, that he had 
 nothing to do with the misconduct of his servants, or even that he 
 forbade them to be guilty of such misconduct ; nor could he mend 
 his position by showing that if no such misconduct had taken place 
 his vessel would nevertheless have been sure to come in first" (e). 
 
 " No sitting member can guard himself against the consequence 
 of the acts of agents, if once they are proved to be agents, by 
 coming before the Court and swearing, even though he may con- 
 vince the Court he is swearing truly, that he never intended that 
 anything illegal should be done at an election. It is not what he 
 intended, as he explains here, but it is what authority did he give, 
 and did the acts of the person so authorised, legal or illegal, 
 naturally follow the authority which was given ? A common and 
 familiar instance occurs to my mind: the wherryman upon the 
 river does not arrive one moment the less certainly at his destina- 
 tion because he happens to be rowing one way and looking 
 another "(/). 
 
 " By election law the doctrine of agency is carried further than 
 in other cases. By the ordinary law of agency a person is not 
 responsible for the acts of those whom he has not authorised, 
 or even for acts done beyond the scope of the agent's authority. 
 If a man gives another person authority to buy a horse for him, 
 
 (rf) Per Blackburn, J., in Stalybridge 1 0. & H. 81, 82. 
 (1869), 1 0. & H. «7, 68. (/) Per Keogh, J., in Slim (1869) 1 
 
 (e) Per Willes, J., in ramivorth {1869), 0. & H. 302. -^^^c I i »(>»,, i 
 
72 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 he is responsible for the acts of that person in that transaction ; if 
 he gives him a general authority to act in his business for him, he 
 is responsible for all his agent's acts ; but he is not responsible for 
 the acts which his alleged agents choose to do on their own behalf. 
 But if that construction of agency were put upon acts done at 
 elections, it would be almost impossible to prevent corruption. 
 Accordingly a wider scope has been given to the term "(g). 
 
 " The law has decided that a candidate at an election is 
 responsible for the acts of agents who are not, and would not 
 necessarily be, agents under the common law of agency. At 
 common law a person is only responsible for such acts of his 
 agents as are within the scope of the authority which he has given 
 to those agents. For instance, if I authorise a man to buy a horse 
 for me I am responsible for his conduct about the purchase of that 
 horse, but if that man, whom I tell to buy a horse for me, goes 
 and sells a farm of mine, I am not responsible for the act. That is 
 putting it into a very simple form, but with regard to election law 
 the matter goes a great deal farther, because a number of persons 
 are employed for the purpose of promoting an election who are 
 not only not authorised to do corrupt acts, but who are expressly 
 enjoined to abstain from doing them, nevertheless the law says 
 that if a man chooses to allow a number of people to go about 
 canvassing for him, generally to support his candidature, to issue 
 placards, to form a committee for his election, and to do things of 
 that sort, he must, to use a colloquial expression, take the bad 
 with the good. He cannot avail himself of these people's acts for 
 the purpose of promoting his election, and then turn his back, or 
 sit quietly by, and let them corrupt the constituency. Therefore 
 the law carries a responsibility of a member of Parliament for the 
 acts of the agents, who are instrumental with his assent in pro- 
 moting his election, a good deal farther than the mere common 
 law of agency " (It). 
 
 " Under the election law of Parliament a candidate, however 
 morally innocent of any charge, is legally answerable for the 
 practices of his agents " (i). 
 
 " In parliamentary election law it has long been established that 
 where a person has employed an agent for the purpose of procuring 
 his election he (the candidate) is responsible for the act of that 
 agent in committing corruption, though he himself not only did 
 not intend it or authorise it, but even bond fide did his best to 
 hinder it" (/c). 
 
 (r/) Per Grove, J., in WalieJkU (187i), (/) Pev O'Brien, J., in Camclifergus 
 
 2 0. & H. at p. 102. (18fiy), 1 0. & H. at p. 269. 
 
 (A) Per Grove, J., in Boston (1874), 2 (k) Per tilackb}ini, J., in Taunton {im), 
 
 O. & H. at p. 167. 1 0. & H. at p. 182. 
 
AGENCY. 73 
 
 " The rule of parliamentary election law that a candidate is 
 responsible for the corrupt act of his agent, though he himself not 
 only did not intend it or authorise it, but bond fide did his best to 
 hinder it, is a rule that must at times fall with great hardship upon 
 particular persons (I). . . . Wherever a person is in any way allowed 
 by a candidate, or has the candidate's sanction, to try to carry on 
 his election and to act for him, that is some evidence to show that 
 he is his agent" {m). 
 
 In Blackbp.rn (n), Willes, J., in the course of a judgment which 
 has been repeatedly cited with approval, said : " Nothing can be 
 clearer than this law ; it has existed for a very considerable period, 
 I believe certainly from as early as the time of James I. ... No 
 matter how well the member may have conducted himself in the 
 election, no matter how clear his character may be from any 
 imputation of corrupt practice in the matter, yet if an authorised 
 agent of his, a person who has been set in motion by him to 
 conduct the election or canvass voters on his behalf, is in the 
 course of his agency guilty of corrupt practices, an election obtained 
 under such circumstances cannot be maintained. 
 
 " As it has been expressed from early time, no person can win and 
 wear a prize upon whose behalf the contest has not been legitimately 
 and fairly carried on, or, as it was expressed upon the occasion to 
 which I refer, ' Non coronabitur qui non legitime certaverit,' which is 
 only so much in Latin showing the antiquity of the principle which 
 I have already expressed in English, and whether it be that the 
 person who contends in respect of any unfair play of his own, 
 whether it be the owner of a horse in respect of the unfair play 
 of his jockey, whether it be the owner of a ship in respect of the 
 fault of his steersman or the hoisting of an additional sail against 
 the rules of the race by one of the seamen, or whether it be a 
 candidate in a parliamentary contest in respect of his agent, in 
 every one of those cases, whether it has been the principal who 
 has been guilty of illegality or whether the illegaUty has been 
 committed by his agent only, even without his authority or against 
 his will, provided it be done in his agency and for the supposed 
 benefit of his principal, such principal must bear the brunt, and 
 cannot hold the benefit in respect of that in which the agent lias 
 compromised him, and would in a matter of this description have 
 ulso betrayed the public, who have a right that a just election shall 
 be had." 
 
 "The relation between a candidate and a person whom he 
 constitutes his agent is much more intimate than that which 
 
 (0 Per Blackburn, J., in Tauato)i\nS69), (m) Ibid, at p. 185. 
 
 1 0. & H. at p. 184. C«) (1889), 1 0. & H. at pp. 201, 2(i2. 
 
74 THE LAW OF PAKLIAMENTARY ELECTIONS. 
 
 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 candidate 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 even in defiance 
 of them. There is never any difficulty or doubt as regards this 
 proposition. The difficulty always is when there is no express 
 appointment to determine whether the wrongdoer did or did not 
 stand in the relation of agent to the candidate in respect of the 
 particular matter of complaint. An agent is a person employed 
 by another to act for him and on his behalf, either generally or in 
 some particular transaction. The authority may be actual, or it 
 may be implied from circumstances. It is not necessary, in order 
 to prove agency, to show that the person was actually appointed 
 by the candidate. If a person not appointed were to assume to act 
 in any department of service as election 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. The next 
 question is. If agent, what is he agent for? If a person were 
 appointed or accepted as agent for canvassing generally, and he 
 were to bribe or treat any voter, the candidate would lose his seat. 
 But if he was employed or accepted to canvass a particular class, 
 as if a master were asked to canvass his workmen, and he went 
 out of his way and bribed a person who was not his workman, the 
 candidate would not be responsible, because this was not within 
 the scope of his authority. And for the same reason, if a person 
 whom the candidate had not in any way authorised to canvass at 
 all for him were to take upon himself to Isribe a voter, the candidate 
 would not be responsible for the wrongful act. No candidate could 
 ever secure a seat, if he were made answerable for the acts of 
 unauthorised persons " (o). 
 
 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 (jp). 
 
 In dealing with this branch of the law in Taunton (q), Grove, J., 
 said : " The law of agency as applied to election petitions has been 
 differently expressed by different learned judges, some of whom 
 have likened it to the relation to master and servant (r), and another 
 
 (») Pel' Lush, J., in Harwich (1880), 3 (?•) Per Martin, B., in Konoich, 1 
 
 0. & H. 69, 70. 0. & H. at p. 11, and in Westminder, 
 
 ip) Londunderry (1860), 1 0. & H. 278. ibid, at p. 95. 
 i<2) (1874), 2 0. & H. at pp. 73, 74. 
 
AGENCY. 75 
 
 to the employer of persons to run a race for him (s) ; hut no exact 
 definition, meeting all cases, has, as far as I am aware, heen given. 
 Two learned judges — the late Mr. Justice Willes and Mr. Justice 
 Blackburn — have pointed out {t) the difficulties of arriving at one. 
 All agree that the relation is not the common law one of principal 
 and agent, but that the candidate may be responsible for the acts 
 of one acting on his behalf, though the acts be beyond the scope of 
 the authority given, or, indeed, in violation of express injunction. 
 So far as regards the present case, I am of opinion that, to establish 
 agency for which the candidate would be responsible, he must be 
 proved by himself or by his authorised agent to have employed the 
 persons whose conduct is impugned to act on his behalf, or to have 
 to some extent put l^imself in their hands, or to have made common 
 cause with them for the purpose of promoting his election. To what 
 extent such relation may be sufficient to fix the candidate must, it 
 seems to me, be a question of degree and of evidence to be judged of 
 by the election petition tribunal. Mere non-interference with per- 
 sons who, feeling interested in the success of the candidate, may act 
 in support of his canvass, is not sufficient, in my judgment, to saddle 
 the candidate with any unlawful acts of theirs of which the tribunal 
 is satisfied he or his authorised agent is ignorant. It would be vain to 
 attempt an exhaustive definition, and possibly exception may be taken 
 to the approximate limitation which I have endeavoured to express. 
 
 " The law of agency in election cases has now for a period of 
 many years . . . been held ... to go much further than the 
 ordinary law of principal and agent. Various attempted definitions 
 have been given of it, but I do not think that any one ha^ been 
 entirely successful. . . . Each case in that respect must stand upon 
 its own ground, and it really comes to this, that the Court must 
 see what the relation of the person charged is from the facts of the 
 case, and it is more a matter of inference from facts than anything 
 that is capable of being expressed in positive law " («)• 
 
 " No doubt it may seem hard to persons who are not conversant 
 with the law that a man should lose a valuable position, and the 
 dignity it gives, on account of the conduct of somebody who has 
 perhaps disobeyed orders ; but it has been pointed out over and 
 over again that, hard as it may appear to the ignorant and 
 uninitiated, this law is the purest justice and common sense. To 
 use the happy illustration of one judge {v), it is very much like the 
 
 («) Per Willes, J., in Westhir)/, 1 («) Per GroTe, J., in Wigan (1881). i 
 
 0. & H. at p. 55 ; Tamwurth, ibid, at p. 0. & H. at p. 10. 
 
 81 ; Cocentry, Hid. at p. 107 ; Blackhurn, (c) Willes, J., Wexthury, 1 0. & H. 55 ; 
 
 ihld. at p. 202. TainwoHli, ibid. 81 ; Coventry, ibtd. 107 ; 
 
 (0 TamwoHh (18t>9), 1 0. & H. 81 ; Blacltbnm, ibid. 202. 
 Stalybridge (1869), ibid. p. 68. 
 
76 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 case of a yacht race where a yacht, with her captain and her crew 
 on board, is waiting for some owner to take possession of her, in 
 order that she may fly his colours and race in his name. When 
 the new owner goes on board and finds the captain and the crew 
 there, the very fact that he consents to sail with them makes them 
 perforce his agents for the purpose of sailing the race in accord- 
 ance with the laws of the course. The problem in like manner 
 to be solved in these questions as to agency is to what extent the 
 candidate, either actively or by inaction, has placed or left in a 
 position of command or of management the person whose acts are 
 inculpated" {x). 
 
 " The law of agency which would vitiate an election is utterly 
 different from that which would subject a candidate to a penalty 
 or an indictment, and the question of his right to sit in Parliament 
 has to be settled upon an entirely different principle. Mr. Justice 
 Blackburn, Mr. Justice Willes, and myself unanimously came to 
 the conclusion that any person authorised to canvass was an agent, 
 and it does not signify whether he has been forbidden to bribe or 
 not. If the candidate had told him honestly, ' Do not bribe ; I will 
 not be responsible for it,' if bribery was committed, that bribery 
 would affect him. Such is the opinion of Mr. Justice Willes, Mr. 
 Justice Blackburn, and myself. The relation is more on the 
 principle of master and servant than of principal and agent. It 
 has been arrived at after full consideration, and it is a conclusion 
 by which I am prepared to abide. A master is responsible for an 
 act of negligence on the part of his servant notwithstanding what 
 directions he may have given him, for instance, if he is driving a 
 carriage, and carelessly driving against another does an injury; 
 and if the respondent had told Mr. Hardimount, who is now proved 
 up to the hilt to be an agent, not to commit any illegal act, if he 
 did so, the respondent is responsible for it. It is utterly imma- 
 terial whether the respondent had forbidden him to bribe, if he 
 committed bribery, the effect of which would be to destroy his 
 status as a candidate, render him by law incapable of election, and 
 make every vote given to him void " (?/). 
 
 Where there is no express appointment, the agency must be 
 inferred from facts. " Agency is a result of law, to be drawn from 
 the facts of the case, and from the acts of individuals " {z).- 
 
 Erklenvc required. — As to the degree of evidence necessary in order 
 to render a candidate liable for a corrupt practice committed by an 
 alleged agent Martin, B., said (a) : "If I am satisfied that the 
 
 (.?■) Pel' Bowen, J., in iri>« (IHSl), at (,-) Per Keogh, J., in Slitio (1869), 1 
 
 PP- 11.12. O.&H. 301. 
 
 i!/)Pt:r Martin, B., in Xonvich (1869), 1 («) In Wit/an (1869), 1 0. & H. 192. 
 
AGENCY. 77 
 
 candidates intended honestly to comply with the law and meant to 
 obey it, and that they themselves did no act contrary to the law, 
 their desire and object being that the proceedings in reference to 
 the election should be pure and honest, I will not unseat such 
 persons upon the supposed act of an agent unless the act is 
 established to my entire satisfaction." 
 
 In another case (h) the same judge said : " The law is a stringent 
 law, a harsh law, a hard law : it makes a man responsible who has 
 directly forbidden a thing to be done, when that thing is done by a 
 subordinate creature. It is in point of fact making the arrange- 
 ment between a candidate and his agent the relation of master and 
 servant, and not the relation of principal and agent. But I think I 
 am justified when I am about to apply such a law in requiring to be 
 satisfied beyond all reasonable doubt that the act of bribery was 
 done, and that, unless the proof is strong and cogent — I should say 
 very strong and very cogent — it ought not to affect the seat of an 
 honest and well-intentioned man by the act of a third person." 
 
 After quoting these passages. Grove, J., said (t) : " Now, without 
 expressing myself in equally strong terms with those used by the 
 learned judge last quoted, I am at all events of opinion that the evi- 
 dence of corrupt practice must establish affirmatively, to the reason- 
 able satisfaction of the judge, that the acts complained of were done." 
 
 " I quite think," said Mellor, J., in Barnstaple (d), " the election 
 law is a cruel and somewhat hard law, yet it is too well settled 
 for an election judge to act contrary to it. I say that if an 
 agent, although he may be no agent to the candidate, be employed 
 by the agent of the candidate, he is a sort of subordinate agent, and 
 if he is employed by persons who have authority to employ people 
 to further the election of a particular individual, and in the course 
 of canvassing makes use of a threat or a promise, such an 
 act will make the candidate liable. However innocent the 
 candidate may be, or however careful the candidate may have 
 been to avoid such conduct, ... he cannot take the benefit 
 of the services of the individual and repudiate them at the same 
 time. But the judge must be satisfied that the man, when he was 
 acting, was acting as the agent for furthering the election of a par- 
 ticular candidate. This must be a question of more or less ; it 
 must depend upon the actual belief of the judge. . . . Where it is 
 evident that it was intended that an election should be honestly 
 conducted, and where the expenditure shows that the parties con- 
 templated only that which was honest and legitimate, I should require 
 very conclusive evidence to induce me to declare it void " (d). 
 
 (i) Westminster (1869), 1 0. & H. at (f) ?a««/om (187i), 2 0. &H.pp. 75, 76. 
 
 pp. as, 96. ((/) (187i), 2 0. &H. atpp. lOo, 106. 
 
78 THE LAW OF PAKLIAMENTARy ELECTIONS. 
 
 " It has never yet been distinctly and precisely defined," said 
 Blackburn, J. (e), " what degree of evidence is required to establish 
 such a relation between the sitting member and the person guilty 
 of corruption as should constitute agency. I do not pretend to be 
 able to define it certainly ; no one yet has been able to go further 
 than to say, ' As to some cases enough has been established, as to 
 others enough has not been established, to vacate the seat ; this 
 case is on the right side of the line, that is on the wrong ' ; but the 
 line itself has never yet been definitely drawn, and I profess myself 
 unable accurately to draw it " (e). 
 
 " No one can lay down a precise rule as to what would constitute 
 evidence of being an agent. Every instance in which it is shown 
 that, either with the knowledge of the member or candidate himself, 
 or to the knowledge of his agents who had employment from him, a 
 person acts at all in furthering the election for him, in trying to get 
 votes for him, is evidence tending to show that the person so acting 
 was authorised to act as his agent. It is by no means essential 
 that it should be shown that a person so employed, in order to be 
 an agent for that purpose, is paid in the slightest degree, or is in 
 the nature of being a paid person. But it is a question what is 
 sufficient evidence on that point. ... I take it that in each case 
 the judge must bring common sense to bear upon it, and satisfy 
 himself whether it is sufficient or not. I do not think that such a 
 question as that would turn upon minute particulars, as to what 
 particular words were used, or what particular thing was done, but 
 upon the common-sense broad view of it " (/). 
 
 "For an agent to bind another, it is not necessary that there 
 should be any payment ; it is only necessary that the act done by 
 the agent upon which the question arises whether it is to bind 
 the principal should be an act done by the procurement of the 
 principal" (g). 
 
 " Agency does not solely depend upon formal appointment 
 by the respondent ; ... it is a fact to be gathered from all the 
 circumstances in evidence in each case" (h). 
 
 Degrees of agency. — " There is always a great difference in my 
 view on 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 himself " (i). 
 
 "If a small thing is done by the head agent, it would upset the 
 
 (fi) In Bridgwater (1869), 1 0. & H. 1 0. & H. at p. 55. 
 
 115, 116. (A) Per Johnson, J., in North Meath 
 
 (/) Per Blackburn, J., in Beiodley (1892), 4 0. & H. at p. 190. 
 
 (1869), 1 0. & H. 17, 18. (J-) Per Blacliburn, J., in Hereford, 
 
 it/-) Per Willes, J., in Westbury (1869), (1869), 1 0. & H. 195. 
 
DEGREES OF AGENCY. 7 9 
 
 election ; and if small things to a considerable extent were done by 
 a subordinate person, comparatively slight evidence of agency would 
 probably have induced one to find that he was an agent " (k). 
 
 " The extent to which a person is agent differs accordingly to what 
 he is shown to have done. I take it that an agent employed so 
 exclusively {i.e., having money entrusted to his care) as is shown 
 here does make the candidate responsible not only for his own 
 acts, but also for the acts of those whom he (the agent) did so 
 employ, even though they are persons whom the candidate might 
 not know or be brought in personal contact with. 
 
 " The analogy which I put ... in the course of the case, I think, 
 is a strong one ; but it would convey my meaning more to a 
 lawyer than to the general public — the analogy of the liability 
 of the sheriff for the under-sheriff, where he is not merely 
 responsible for the acts which he himself has done, but also for 
 the acts of those whom the under-sheriff employs, and not only 
 responsible for acts done by virtue of the mandate, but also for 
 acts done under colour of the mandate, matters which have been 
 carried very far indeed in relation to the sheriff " (Z). 
 
 " If an agent, although he may be no agent to the candidate, 
 be employed by the agent of a candidate, he is a sort of sub- 
 ordinate agent, and if he is employed by persons who have 
 authority to employ people to further the election of a particular 
 individual, and in the course of canvassing makes use of a threat 
 or a promise, such an act will make the candidate liable, how- 
 ever innocent the candidate may be, or however careful the 
 candidate may have been to avoid such conduct. 
 
 "But the judge must be satisfied that the man, when he was 
 acting, was acting as the agent for furthering the election of a 
 particular candidate" (m). 
 
 "On the other hand, the act might be limited to the case of 
 a person who was employed to canvass a particular voter or 
 voters only, and then that person would be one whose authority 
 being limited to such voter or voters, his illegal acts in respect of 
 others would not affect the member, because he would be only 
 an agent in the particular limited capacity" (n). 
 
 " But I do not think that being asked to canvass two distinct 
 and specific persons would make him a general agent, so that 
 for anything else he might do the candidate would be made 
 responsible " (o). 
 
 f/O Bastings (1869), 21 L. T. N. S. (m) Barnstaple (1874), 2 0. & H. 105, 
 
 238. 106. 
 
 (0 llewdley (1869), 1 0. & H. 19 ; Staly- («) Sodmin (1869), 1 0. & H. 120 
 
 bridge, ib. 69 («) Hereford (1869), 1 0. & H. 19o. 
 
80 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 "Asking an employer to go and canvass his workmen would not 
 be an authority to canvass ' beyond the scope of the workmen in his 
 employ ' " (p). 
 
 As to what constitutes agency, " it is almost impossible ... to 
 lay down such exact definitions and limits as shall meet every 
 particular case, and it is extremely important that the public should 
 know that. ... It is, therefore, well that it should be understood 
 that it rests with the judge, not misapplying or straining the law, 
 but applying the principles of the law to changed states of facts, to 
 form his opinion as to whether there has or has not been what 
 constitutes agency in these election matters. It is well that the 
 public should know that they cannot evade the difficulty by merely 
 getting, as they suppose, out of the technical meaning of certain 
 words and phrases " {q). 
 
 In the case just cited Grove, J., said (r) : " A candidate is respon- 
 sible generally, you may say, for the deeds of those who to his know- 
 ledge, for the purpose of promoting his election, canvass and do 
 such other acts as may tend to promote his election, provided that 
 the candidate or his authorised agent have reasonable knowledge 
 that those persons are so acting with that object." In other words, 
 " it must be made out that a party, before he is chargeable as an 
 agent, has been entrusted in some way or other by the candidate 
 with some material part of the business of the election which 
 ordinarily is performed, or is supposed to be performed, by the 
 candidate himself. Whether it has any distinct reference to can- 
 vassing or anything of that kind appears to me to be immaterial, 
 but in some sense or another he must be considered as entrusted 
 by the candidate with the performance of some part of the business 
 of the election which properly belongs to the candidate himself, 
 though he is unable to perform it in many cases without somebody 
 to aid him. But that entrusting may be made out not merely by 
 an express appointment to the performance of some material duty 
 in reference to the election, but may be made out by implication. 
 The circumstances of each case may differ, but that implication 
 ordinarily must arise from the knowledge which it appears that the 
 candidate has of the part which the person is taking in the election. 
 If that part of the business of an election which ordinarily and 
 properly belongs to the candidate himself be done to the knowledge 
 of the candidate by some other person, it appears to me that that 
 other person is an agent of the candidate, and the candidate is 
 responsible for any corrupt act done by that person." 
 
 (j;) Westbury (1869), 1 0. & H. 47 ; (?) Per Grove, J., in WaJieJield iWi), 
 
 North Norfolk (186!)), iUi. 237. 2 0. & H. at p. 103. 
 
 (r) lUd,. 
 
CANVASSER WHEN AN AGENT. 81 
 
 In Aylesbury (s), Field, J., said : " The principles ... as to 
 agency affecting a sitting member are very much wider than agency 
 to affect a principal. It is not a case of principal and agent. The 
 analogy is that of master and servant, and I have come to the con- 
 clusion that any person whom the candidate puts in his place to do 
 a portion of his task, namely, to procure his election as a member 
 of Parliament, is a person for whose acts he would be liable." 
 
 "It is clear that a person is not to be made an agent of the 
 sitting member by his merely acting : that is not enough ; he must 
 act in promotion of the election, and he must have authority, or 
 there must be circumstances from which we can infer authority " (t). 
 
 What, then, are circumstances from which this authority will be 
 inferred ? 
 
 Canvassing. — The fact that the candidate has expressly or 
 impliedly employed any person to canvass for him will generally, 
 but not necessarily, constitute that person his agent. "I have 
 already stated," said Willes, J., in Windsor (u) " that, in my mind, 
 authority to canvass (I purposely use the word ' authority,' and not 
 ' employment,' because I mean it to apply to persons authorised to 
 canvass, whether paid or not paid for their services), would 
 constitute agency." 
 
 Authority to manage the election would include authority to 
 canvass. 
 
 " . . . . There is the . . . class of cases, . . . where, ... it 
 being proved that a candidate is having his election carried on by 
 . . . certain canvassers, those "canvassers do something which, if the 
 candidate is responsible for it, will invalidate the election. And it 
 is held that he is responsible for it in the sense of making the 
 validity of the election depend upon it. I do not see how these 
 election petitions would be of the least use otherwise, because I 
 suppose that there are very few candidates indeed who undertake 
 the practice of corruption by their own hand. I presume there are 
 equally few candidates, or very nearly so, who ever say to their 
 agents that they are to proceed corruptly in the matter " (x). 
 
 " Canvassing may be either by asking a man to vote for the candi- 
 date for whom you are canvassing, or by begging him not to go to 
 the poll, but to remain neutral, and not to vote for the adversary. 
 No distinction can be drawn except in the amount of favour between 
 voting for a man and abstaining from voting for his adversary " (z/). 
 
 "It has been held that canvassing with the authority of the 
 
 (<) (1886), 4 0. & H. at p. 62. (») Per Lord Barcaple in Greewck 
 
 (0 i'eJ- Pigott, B., in 5t7W(i (1874), (1869), 1 0. & H. at p. 251. 
 
 3 0. & H. at p. li. iy) Per Willes, J., in Westiury (1869), 
 
 («) (1869), 1 0. t H. 3. 1 0. & H. at p. 56. 
 
 L.B. G 
 
82 THE LAW OP PARLIAMENTARY ELECTIONS. 
 
 candidate, or the candidate canvassing with him, is proof of 
 agency, although there may be exceptions as to that, for 
 instance, where the canvass is limited, or where a person is 
 told only to go and see one or two particular men and ask for 
 their votes. There may be cases in which canvassing would not 
 necessarily involve agency, but general canvassing has always been 
 held to be strong evidence of agency, and evidence which requires 
 a very strong case to rebut it, if it can be rebutted. Where the 
 canvassing is general, and where the indiscriminate use of the 
 candidate's name is committed to the person canvassing, that person 
 is generally held to be an agent. ... No doubt the election cases 
 go much further than the ordinary law " (z). 
 
 " There is nothing more difi&cult or more delicate than the 
 question of agency, but if there be evidence which might satisfy 
 a judge, and if he be conscientiously satisfied that the man was 
 employed to canvass, then it must be held that his acts bind his 
 principal. ... I should not, as at present advised, hold that the 
 acts of a man who was known to be a volunteer canvasser, without 
 any authority from the candidate or any of his agents, bound the 
 principal. You must show me various things, you must show me 
 that he was in company with one of the principal agents, who saw 
 him canvassing, or was present when he was canvassing, or that in 
 the committee room he was, in the presence of somebody or other, 
 acting as a man would act who was authorised to act. If, putting 
 all these things together, you satisfied me that the man was a can- 
 vasser with the authority of the candidate's agents, then I do not 
 look with nicety at the precise steps, but there must be something 
 of that character " (a). 
 
 " I do not apprehend that agency is established by merely show- 
 ing that a particular person has gone about with a candidate and 
 has canvassed. Canvassing will only afford premises from which a 
 judge, discharging the functions of a jury, may conclude that agency 
 is established. If a gentleman comes down to canvass a borough, 
 and, as a kind of guarantee for his respectability, is introduced to 
 the voters by persons of station and position in the borough, I am 
 of opinion that such canvassing, though it would be properly called 
 canvassing, would not be canvassing within the meaning of those 
 words from which I am to infer the agency existed. I draw in my 
 own mind the widest distinction between the kind of canvassing in 
 the presence of the candidate, and canvassing of such a character 
 as to constitute agency " (b). 
 
 (i) Per Grove, J., in Wlt/aji (1881), 4 (J) Fer Channell, B., in Shrewshiry 
 
 0. & H. 12, 13. (1870), 2 0. & H. 36. See also Durham 
 
 (o) Per Mellor, J., in Bolton (1874), 2 (1874), 2 0. & H. 136 ; Stroud (1874), a 
 
 0. &H. atp. 141. 0. &H. 11. 
 
AGENCY. 83 
 
 " Taking a man to point out voters, and to influence them ... in 
 the candidate's presence, is not conclusive evidence of an employ- 
 ment of that person to go behind the candidate's back and bribe 
 them (c)." 
 
 Canvassing from time to time with the candidate is in itself 
 possibly not sufficient evidence of agency, but where the candidate 
 introduces such person to people who are then asked for their votes, 
 and he canvasses upon other occasions with the candidate's daughters, 
 this is sufficient (d). 
 
 Member of candidate's committee. — The fact that a person is a 
 member of the candidate's committee is prima facie evidence that 
 such person is an agent of the candidate (e) ; but for .this rule to 
 operate, as Martin, B., pointed out in Westminster (/), the word 
 " committee " must be taken to mean "a limited number of persons 
 in whom faith and confidence is placed by a candidate, and between 
 whom there exists some privity." " I have never supposed," said 
 the learned Baron (g), " 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 respon- 
 sible for an illegal act done by one of them. I think it is a con- 
 clusion that could not be borne out by common sense. The 
 committee-man whom I mean, and whom I would hold the 
 respondent to be responsible for, is a committee-man in the 
 ordinary intelligible sense of the word, that is to say, a person in 
 whom faith is put by the candidate, and for whose acts, therefore, he 
 is responsible." 
 
 Political clubs and associations. — A political club or association 
 may be an agent for a candidate. 
 
 " 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 association, instead 
 of an individual or individual agents ; if this could be done, the 
 Corrupt Practices Act would become a dead letter. There may 
 be, doubtless, in a borough a political association existing for the 
 purpose of a political party, advocating the cause of a particular 
 candidate, and largely contributing to his success, yet in no privity 
 with the candidate or his agents, an independent agency, and acting 
 in its own behalf. To say that the candidate should be responsible 
 for the corrupt acts of any member of that association, however 
 active, would be unjust, against common sense, and opposed to law. 
 
 (c) Per Hawkins, J., in Salisiury (e) Dublin (1869), 1 0. & H. 272 ; 
 (1880), 3 0. & H. at p. 132. Wakefield (1874) 2 0. & H. 102, 
 
 (d) Per Cave, J., in Rochester (1892), (/) (1869) 1 0. & H. at p. 92. 
 Daj's Election Cases, 102. ((?) lUd. 
 
 G 2 
 
84 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 There may, on the other hand, be a political association in a borough 
 advocating the views of a candidate, of which that candidate is not 
 a member, to the funds of which he does not subscribe, and with 
 which he personally is not ostensibly connected, but at the same 
 time in intimate relationship with his agents, utilised by them for 
 the purpose of carrying out his election, interchanging communica- 
 tion 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 corruption" (/i). 
 
 Thus in Blackburn (i) it was proved that on October 12, that is, 
 about a month before the election, a circular was issued by an 
 association in the town called the Conservative Association, 
 addressed to " every manager, overlooker, and tradesman, and 
 any other person having influence" in the town of Blackburn, 
 requesting them to "secure in the municipal elections as well as 
 the parliamentary the success " of the respondents ; and it went on 
 to say, " we venture to urge upon you most strongly the necessity 
 of vigorous personal effort to secure the return ..." of the respon- 
 dents. This circular was afterwards adopted by the respondents, 
 and the association which had issued it was adopted by them in 
 place of a committee for the management of the election. 
 
 Willes, J., in his judgment, said as to this : " This circular 
 must be taken as being the act of the respondents just as much 
 as if each of them had written a letter to this effect to every 
 ' manager, overlooker, and tradesman, and any other person having 
 influence ' in the town. ... Its effect was to make an agent of 
 every person having authority down to the last grade, that of over- 
 lookers over the hands, and to request, and therefore authorise, 
 each such to influence the hands who were under him for the pur- 
 pose of inducing them to vote for the candidates upon whose behalf 
 this document was issued, and any overlooker, and consequently 
 anybody in that or any higher grade, who bond fide took up the 
 Tory side, and who acted upon the circular and did canvass for the 
 respondents, became their agent, and his acts did bind them." 
 
 On the other hand, as has been pointed out by the Courts, it 
 must not be too hastily assumed that every act which is done by 
 the association is necessarily the act of the candidate himself. 
 
 Pollock, B., said {k) : "Although a general election maybe approach- 
 ing, and although a candidate may have been named, I do not agree 
 
 (A) Per Lopes, J., in Bewdley (1880), (i) (1869), 1 0. & H. 198. 
 
 at 3 0. & H. pp. 146, 147. (A) Walsall (1892), 4 0. & H. 124, 
 
POLITICAL ASSOCIATION WHEN CANDIDATE'S AGENT. 85 
 
 with the view that every act which after that time is done by the 
 Conservative Association and their immediate agents must be taken 
 to be the act of the candidate himself or as if it were done by an 
 agent, either appointed by him beforehand or whose acts were by 
 him afterwards ratified." 
 
 " If there be a political association upon the one side or upon the 
 other, whose character is permanent — who from month to month 
 and from year to year are industrious in watching the register, 
 correcting it, influencing people to get their names put upon the 
 register, and are holding meetings and gatherings for that purpose, 
 (although every piece of conduct on their part must be narrowly and 
 cautiously watched), it is not to be too hastily assumed that because 
 an election takes place at some particular period, every act which 
 is done by the association, although it maybe perhaps necessary in 
 the furtherance of the election, makes that association, or the 
 different members of it, necessarily agents for the candidate ; or in 
 other words, that although the acts of the members of such 
 association may result' in their becoming, from the very necessity 
 of the case, agents of a candidate, those acts which are otherwise 
 innocent, and which would be done whether there was an election 
 or not, do not necessarily become criminal because their indirect 
 effect may extend beyond what was the original intention and 
 object which prompted them. . . . The moment it appears that the 
 candidate or his agent adopt either individually or collectively the 
 work that is done by that association, in such a manner as to benefit 
 by its agency quoad the election, then I should look upon this sort 
 of organisation with very grave suspicion, and I should be the very 
 first to say that the agency had been proved "(Z). 
 
 In Walsall (m) Pollock, B., after contrasting the position of the 
 Licensed Victuallers' Association with that of the Conservative 
 Association, went on to say : " The position of the Conservative 
 Association is, of course, essentially different. However long they 
 may have existed in the town, the time must come when, in carrying 
 out the general interests of the body they represent, they must ally 
 themselves to the candidate who they suppose will best further 
 their purposes, and is best fitted to protect and advocate in Parlia- 
 ment their views. At what time and under what particular 
 circumstances they divested thernselves of their more general 
 constitution, and became active in the assistance of the candidate, 
 is a question which, of course, must depend upon the facts of each 
 particular case, and must be in all cases a question of considerable 
 nicety. I content myself on the present occasion with saying that 
 
 (0 Per Pollock, B., in Worcester (1892), (m) (1892), 4 0. & H. at pp. 124, 125. 
 
 4 0. & H. at p. 154. 
 
86 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 I do not think there has been any breach either of what was right 
 as a question of duty, or of what was prudent as a question of pohcy, 
 in taking up this cause. Although a general election may be 
 approaching, and although a candidate may have been named, I do 
 not agree with the view that every act, which after that time is done 
 by the Conservative Association and their immediate agents, must 
 be taken to be the act of the candidate himself, or as if it were done 
 by an agent either appointed by him beforehand, or whose acts 
 were by him afterwards ratified. There are some cases in which, 
 of course, the very nature of the act in itself shows that there must 
 be an agency. A great many others are acts which it may be 
 properly said that an association upon the one side or the other are 
 entitled to carry on, even to the extent of making known their 
 views, which essentially is in itself canvass in one form, to the 
 different voters in the borough, while at the same time they do not 
 pledge themselves to become agents, nor does the candidate become 
 liable as if they were agents." 
 
 In cases of this kind it is important to notice that there is a 
 distinction between an association, the object of which is to procure 
 the election of a party candidate professing the views of one of the 
 great political parties and an association the object of which is 
 merely to advocate the views and interests of a particular portion of 
 the community. 
 
 In St. George's (n) Pollock, B., said: — 
 
 "In determining the question how far a candidate, by attending 
 the meetings of a political association, makes it or any of its 
 officers his agents, it is necessary first to inquire what is the 
 object and character of the association. If, for instance, its object 
 be simply to secure the election to Parliament of a particular 
 individual, it would be difficult, if not impossible, for a candidate 
 to take part in its operations without becoming responsible for its 
 acts during an election. Again, if the object of an association be 
 to procure the election of some candidate professing the poUtical 
 views of one of the two great parties which are supposed to divide 
 the opinions entertained by the whole electorate of the country, a 
 candidate, if during an election he attended its meetings and availed 
 himself of the assistance of the association, would probably be 
 held so to sanction the association acting on his behalf so as to 
 constitute the officers of the association his agents. "Where, how- 
 ever, the object of the association is merely to advocate the views 
 and interests of a particular portion of the community, as where 
 a temperance society forms local branches to uphold the closing 
 
 («) (1895), 5 0. & H. at pp. 97, 98. 
 
POLITICAL ASSOCIATION WHEN CANDIDATE'S AGENT. 87 
 
 of public-houses or local option, and a brewers' or a publicans' 
 association forms branches to support the opposite views, or where 
 Irish Home Eule is advocated by one society and Unionist views 
 by another, the position is different, and a candidate who is invited 
 by a branch association within his division to attend their meeting, 
 to hear their views and to explain his own, does not by so attending 
 necessarily associate himself with their organisation so as to make 
 any of their officers his agents. . . . We consider that we should 
 be carrying the presumption of agency to an unreasonable extent, 
 and far beyond any decision that has yet been given, if we were 
 to hold that persons who are engaged in various constituencies 
 in actively promoting a particular political principle, such as the 
 maintenance of the Union or the Local Veto Bill, are to be regarded 
 as the agents of all those candidates who may, each in his particular 
 constituency, support the one article of the political creed which 
 they are concerned in upholding" (o). 
 
 "With regard to the position which was assumed by the Con- 
 servative Association and by the Licensed Victuallers' Association, 
 it is plain that the licensed victuallers occupied a very different 
 position to that of the Conservative Association, because they had 
 a distinct and necessarily direct interest, which made the contest 
 one of vital consequence to them ; and I do not think that their 
 action in holding meetings to promote their own interests made 
 them agents of the candidate " (p). 
 
 If candidates coalesce, the agents of the one become the agents 
 of the other. 
 
 " It happens that in this case W. and L. have stood jointly ; 
 they have chosen to what we commonly call coalesce ; they united 
 in a canvass, and in fact have made each one agent for the other ; 
 and they have chosen to stand or fall together : consequently if any 
 corrupt act is shown to be done by an agent appointed by one 
 member it will affect both ; such are the consequences of a coalition. 
 A candidate is not only responsible for his own individual agent, 
 but, having made a coalition, he becomes responsible for the acts of 
 the agent of the other candidate with whom he has coalesced. 
 W., therefore, as far as those matters are concerned, is exactly in 
 the same position as L. If a corrupt act is brought home to the 
 one, both are unable to hold their seats "(q). 
 
 But where candidates have coalesced, one candidate is not respon- 
 sible for acts of the agents of the other candidate committed before 
 
 (») Pei- Pollock, B., in St. George's (_q) Korfolh (Nmtliern Division) (1869), 
 
 (1895), 5 0. & H. at pp. 97, 98. Judgments, 269 ; 1 0. & H. 240 ; Norwich 
 
 ip) Per Pollock, B., in Walsall (1892), (1871), 2 0. & H. 39. 
 4 0. & H. at pp. 124, 125. 
 
88 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 the coalition of which he was ignorant (r). It would be otherwise, 
 however, if he had such knowledge, as in that case he would be 
 taken to have adopted the acts (s). 
 
 Where the respective agents for two candidates jointly attended 
 to the registration, but during the election did not act in concert, 
 it was held that there was not sufficient joint action to constitute 
 mutual agency (t). 
 
 Where the respondents had issued a canvassing card in the 
 following terms : " B. election — The honour of your vote and 
 interest is respectfully solicited on behalf of Mr. K. and Mr. V., the 
 Liberal candidates, " and joint accounts had been sent in to the 
 candidates and joint payments made on their behalf, this was 
 considered sufficient evidence of a joint candidature (m). 
 
 On the other hand, agency will not be inferred from the fact that 
 a particular person was a partner of an agent of the candidate {x), 
 or a canvasser for an independent agency (z/), or a card messenger 
 for the candidate (z), or a messenger of a volunteer committee (a), 
 or the candidate's land agent (b), or, in the absence of evidence 
 that he was employed by the candidate, that he had a canvass 
 book(c). None of these things is in itself sufficient to constitute 
 such person an agent of the candidate. Nor is a candidate liable 
 for the corrupt act of a traitorous agent. 
 
 " If a member employs an agent, and that agent, contrary to his 
 wish and contrary to his direction, commits a corrupt act, the 
 sitting member is responsible for it, but where he employs an 
 agent, and the agent treacherously or traitorously agrees with 
 the other side, then if he does a corrupt act it would not vacate 
 the seat, unless it is proved that the corrupt act was at the special 
 request of the member himself or some untainted and authorised 
 agent of the member who directed the act to be done. ... I say 
 that if M. was a treacherous agent he loses the power of upsetting 
 the seat by reason of his unauthorised acts of corruption ; it would 
 require actual proof of authority in order to make it so. It is a 
 very different affair if a man, being an agent, has been tricked by 
 the other party into committing a corrupt act, he himself honestly 
 still intending to act as an agent" (d). 
 
 " But the rule is plain that a ratification after the act is equivalent 
 to an authority given at the time. The rule is also plain as limited 
 to the case in which the principal, the person sought to be made 
 
 (r) Malcolm v. Parry (1875), L. E. 10 (x) Windsor (1869), 1 O. & H. at p. 3. 
 
 C. P. 168. (ffi) Stalylridge (1869), 1 0. & H. 72 ; 
 
 CO IhU. p. 176. Bodmin, ibid. 120. 
 (0 Tamworth (1869), 1 0. & H. 83. (J) Tamwortli, Hid. at p. 82. 
 
 («) Bridgwater, Hid. 113. (c) Bolton (187i), 2 0. & H. 140. 
 
 (ic) JUallow (1870), 2 0. & H. 221. {d) Per Blackburn, J., in Stafford, 
 
 (y) Westminster (1869), 1 0. & H. (1869), 1 0. & H. at p. 231. 
 
WHEN AGENCY BEGINS AND ENDS. 89 
 
 liable as principal, is acquainted with the character of the act at the 
 time when he ratifies "(e). 
 
 When does agency begin ? — " Agency is not confined," said Hawkins 
 J- (/). "within any precise and definite period, but . . . the com- 
 mencement of agency must be determined in each case by the 
 particular circumstances of each case." 
 
 "The period during which a candidate can be held responsible 
 for the illegal and injudicious acts of his recognised supporters must 
 be confined within reasonable limits. It would not be reasonable 
 to say that a man who contemplates in the year 1892 becoming a 
 candidate in the year 1896, could not legally employ a person to do 
 for him a variety of acts to ingratiate him with those whose votes 
 and suffrages he intended to seek in some future year " (g). 
 
 On the other hand, in the words of the same learned judge (fe): 
 " I cannot think that the period of candidature or the period of 
 agency is to be limited, either by the date of the issuing of the writ 
 or by the day of nomination ; but I think that when an election is 
 contemplated as probable in the course of a few months, and it is 
 well recognised that to secure the election of a particular candidate, 
 active steps must be taken and every exertion made at once to secure 
 that object, it cannot reasonably be said that there can be no agency 
 to take such steps, or to make such exertions, until the immediate 
 approach of the election by the issuing of the writ." 
 
 " Upon the present occasion, I think, the limit of time to which 
 we ought fairly to apply our minds is a period commencing from the 
 time when it was first known that the respondent announced his 
 intention to present himself as a candidate for election at the next 
 ensuing election " (h). 
 
 lllien does agency end ? — In the absence of any evidence to the 
 contrary, agency ceases when the election is over(Z), {i.e., when the 
 result of the poll is declared (/«) ), " otherwise the consequences 
 would follow that a perfectly honest and pure election, of which upon 
 the return nothing whatever could be said, might be affected by an 
 act done the following week by an indiscreet person, who having 
 been employed in the election might make a corrupt payment. I 
 cannot think that a corrupt payment made by a person who has been 
 merely a member of committee or a canvasser, and made after the 
 election, and without the privity of the member himself, could affect 
 the member" (n). 
 
 (e) Per WiUes, J., in Tamworth (1869), (0 Per Martin, B., in Salford (1869), 1 
 
 1 0. & H. at pp. 80, 81. 0. & H. at pp. 136—140, and King'sl/ynn, 
 
 (/) Per Hawkins, J., in Waltall ibid, at p. 208. 
 
 (1892), Day's Election Cases at p. 113. (m) Galway (187-t) 2 0. & H. 49. 
 
 (9) Per Hawkins, J., in WaUall (1892), (») Per Martin, B., in Salford (1869), 
 
 4 0. & H. at p. 125. 1 0. & H. at p. 140. 
 
 (4) Ibid. 
 
90 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Unless the judge otherwise directs, any charge of a corrupt 
 practice maybe gone into, and evidence in relation thereto received, 
 before any proof has been given of agency on the part of any 
 candidate in respect of such corrupt practice (n). 
 
 In Watfo7-d (o), however, evidence of conversation after the election 
 had taken place was held to be inadmissible without previous proof 
 of agency. 
 
 So, too, in Longford (p) , Fitzgerald, J., stated that he could not 
 receive evidence of statements made twenty-six days after the election 
 without some evidence in the first place to show that the authority 
 of the agent continued after the election was over. 
 
 Art. 17. — Corrupt Practice. 
 
 The expression corrupt practice (q) means any of the following 
 offences : (a) bribery (r) ,- (b) treating (s) ; (c) undue influence (t) ; 
 (d) personation, and aiding, abetting, counselling and procuring the 
 commission of the offence of personation (m) ; (e) making knowingly a 
 false declaration respecting election expenses {x). 
 
 Art. 18. — Bribery. 
 
 A person is guilty of bribery who : — (1) Directly or indirectly 
 by himself, or by any other person on his behalf, gives, lends, or 
 agrees to give or lend, or offers, promises, or promises to procure 
 or to endeavour to procure, any money or valuable consideration 
 to or for any voter, or to or for any person on behalf of any voter, 
 or to or for any other person, in order to induce any voter to vote or 
 refrain from voting, or corruptly does any such act as aforesaid on 
 account of such voter having voted or refrained from voting at any 
 election (y) : 
 
 (2) Directly or indirectly by himself, or by any other person on 
 Ids belialf gives or procures or offers or promises, or promises 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 ang voter, or 
 to or for any other person, in order to induce such voter to vote or 
 refrain from voting, or corruptly does any such act as aforesaid on 
 account of any voter having voted or refrained from voting at any 
 , election (z) ; 
 
 (n) Parliamentary Elections Act, 1868, (<) See Article 20, p. 121, infra. 
 
 J3. 17. (m) See Article 21, p. 131, infra. 
 
 («) (1870), 2 0. & H. at p. 3. (k) See Article 22, p. 136, infra, 
 
 (p) Ibid, at p. 12. («/) Corrupt Practices Prevention Act, 
 
 (q) Corrupt Practices Act, 1883, s. 3. 1854, s. 2 (1). 
 
 ()■) See Article 18. (z) lUd. a. 2 (2). 
 (.<) See Article 19, p. 106, infra. 
 
BRIBERY. 91 
 
 (3) Directly or indirectly, by himself, or by any other person on his 
 behalf, makes any such gift, loan, offer, promise, procurement, or 
 agreement as aforesaid to or for any person, in order to induce the 
 return of any person to serve in Parliament, or the vote of any voter 
 at any election (a) : 
 
 (4) Upon or in consequence of any such gift, loan, offer, promise, 
 procurement or agreement, procures or engages, promises or endeavours 
 to procure, the return of any person to serve in Parliament, or the 
 vote of any voter at any election (b) : 
 
 (5) Advances or pays, or causes to be paid, any money to or to the 
 use of any other person with the intent that such money or any 
 part thereof shall be expended in bribery at any election, or knoic- 
 ingly pays or causes 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 ; but this has no application to any money paid or 
 agreed to be paid for or on account of any legal expenses bona fide 
 incurred at or concerning any election (c) ; 
 
 (6) Being a Voter, before or during any election directly or 
 indirectly by himself, or by any other person on his behalf, receives, 
 agrees or contracts for any money gift, loan, or valuable consideration, 
 office, place or employment, for himself or for any other person, for 
 voting or agreeing to vote, or for refraining or agreeing to rejrainfrom 
 voting at any election (d) : 
 
 (7) After any election, directly or indirectly by himself or by any 
 ether person on his behalf , receives any money or valuable consideration 
 on account of any person having voted or refrained from voting, or 
 having induced any other person to vote or refrain from voting at any 
 election (e). 
 
 Note 1. — The above definition of bribery is that which is con- 
 tained in sects. 2 and 3 of the Corrupt Practices Prevention Act, 
 1854. Sect. 2 contains five sub-sections, each being a definition of a 
 distinct kind of bribery in the h-iber. Sect. 3 contains two sub- 
 sections and deals with acceptors of h-ibes (voters and other persons). 
 The above definition of bribery is unaffected by the Act of 1883, but 
 sect. 3 of that Act provides that the expression " corrupt practice " 
 means, amongst other offences, bribery as above defined. Bribery 
 is and has always been a criminal offence at common law, but the 
 statutory definition is now so far-reaching that it includes almost 
 every possible form of bribery. In one case, however, as has already 
 been pointed out (see p. 62, supra), bribery avoids an election at 
 
 (a) Corrupt Practices Prevention Act, (c) lUd. a. 2 (5). 
 
 1854, s. 2 (3). id) Ibid. s. 3 (1). 
 
 (*) Ibid. s. 2 (4). (e) I bid. s. 3 (2). 
 
92 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 common law which would not have that effect by statute, namely, 
 where there has been general bribery, even if it could not be 
 brought home to the candidate or his agent. Another form of 
 bribery which does not appear to be within the statutory definition 
 is that involved in wagers. Whenever .a wager is made under such 
 circumstances as to influence a voter in deciding for which candidate 
 he will vote, the vote will be held bad at common law (I). 
 
 Note 2. — General bribery. " With respect to bribery the law is 
 perfectly clear. Bribery at common law, equally as by Act of 
 Parliament, avoided any election at which it occurred. If there 
 were general bribery, no matter from what fund or by what person, 
 and although the sitting member and his agents had nothing to do 
 with it, it would defeat an election, on the ground that it was not a 
 proceeding pure and free as an election ought to be, but that it 
 was corrupted and vitiated by an influence which, coming from 
 no matter what quarter, had defeated it and shown it to be 
 abortive" (/). 
 
 " General bribery unquestionably, from whatever quarter it 
 comes, will vitiate an election, even without proving any such 
 connection, probably because of the propriety of acting upon the 
 presumption that it must have been from some person so interested 
 in the member, or so connected with his agent, that it ought to be 
 attributed to the one or at least to the other " (g). 
 
 " A man giving a vote for a member of Parliament under what 
 the law deems undue influence gives no vote at all. This is the 
 common law ; it depends upon no statute, and it is a consequence 
 of it that if the judge is satisfied that the votes of a considerable 
 number of persons were corrupted and bribed, however innocent 
 the candidate may be, and though himself unconnected with 
 corrupt practices, his election is void by reason of the incapacity of 
 the voters, because of general corruption, to give valid and effective 
 votes" {h). 
 
 " I take it to be well settled law . . . that an organised system 
 ... of bribery . . . will invalidate an election. ... I am speaking 
 now of cases where nothing can be traced to a candidate or his 
 agent, that is to say. Surely it could not be for a moment con- 
 tended that, supposing in a borough of this description banks were 
 to open their doors, to let it be understood and known that every 
 
 (0 New Windsor (1835), K. & 0. 195 ; 1 0. & H. at p. 85. 
 Worcester, ibid. 225 ; cf. Monmouth (1835), (A) Per Martin, B., in Beverley (1869), 1 
 
 K. & 0. 416 ; Toughal (1838), F. & F. 404. 0. & H. at pp. 147, 148. See also Staffori 
 
 Cf) Per W^iUes, J., in Lichfield (1869), (1869), 1 0. & H. 234 ; Drogheda, ib. 257, 
 
 1 0. & H. at p. 26. 258 ; Omldford, ib. 15 ; Bridgwater, xb. 
 
 (.g) Per Willes, J., in Tamwortk (1869), 115. 
 
BRIBERY. 93 
 
 man who voted in a certain way would receive a sum of money, 
 that large amounts were deposited for that purpose, which you 
 might never be able to trace to the candidate, or to one of his 
 agents, but yet you would be able to prove that there was 
 an organised and extensive system of bribery carried on in the 
 borough, no elections under such circumstances could be allowed to 
 stand " (i) 
 
 In Ipswich (j), Denman, J., said : — " If one saw that bribery was 
 so rife that there could be no further election held in the place, 
 then I should say the election would be avoided, subject only to 
 this, that it would be obviously unfair to avoid the election if one 
 found that the bribery which had been committed had not been in 
 favour of the persons who had been elected, — there must be that 
 qualification always*, — for it would be impossible for a person who 
 had been fairly elected to be unseated merely because his opponents 
 had been largely guilty of bribery." 
 
 " So far as we are aware, there has never been any judicial 
 announcement or suggestion as to what the expression ' extensively 
 prevailed ' ought to be taken to include, but we cannot but think 
 that the expression was intended by the Legislature to denote some- 
 thing wider and more general than the bribery, even systematised 
 bribery, of a comparatively small class of voters " (k). 
 
 Note 3. — Where the candidate or any agent of his has been guilty 
 cf irihery the election is rendered void{m). As to what constitutes 
 an agent see Article 16, note 5, p. 70, supra. 
 
 " A person can no more claim to be a member of Parliament for 
 a place as the result of an election in which his agent has been 
 guilty of bribery, than a person can fairly claim a prize if the 
 person to whom he employs to ride his horse, or to steer his vessel, 
 has been guilty of foul play in the course of his employment " (n). 
 
 "If it were shown that the agent of the member bribed, even 
 without the authority and contrary to the express orders of the 
 member, his seat was forfeited — not by way of punishment to the 
 member, but in order to avoid the danger that would exist if 
 persons subordinate to the candidate during an election were led 
 away, by their desire to benefit their superior, into illegal acts, the 
 precise extent of which it was difficult to prove, but a single one of 
 which, if proved, it was the policy of the law to hold would have 
 the effect of avoiding the proceeding. That a member was thus 
 
 (0 Per Keogh, J., in Brugheda (1869), (m) Corrupt Practices Act, 1883, 83. 3, 
 
 1 0. & H. 257, 258. 5 (1), 6 (4). 
 
 Q) (1886), 4 0. & H. 71. (») Per Willes, J., ia Coventry (1869), 
 
 («) Per Kennedy and ChanneU, JJ., in 1 0. & H. 107. 
 Maidstone (1901), 5 0. &H. 153. 
 
94 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 answerable for his agent at common law — his agent in the sense of 
 conducting the election, not merely in the sense of being authorised 
 to bribe — is perfectly clear " (o). 
 
 " It seems hard at first sight," said Keating, J., in Norwich (p), 
 " that a single act of bribery should avoid an election ; but when an 
 act of bribery is committed the whole election of the party bribing 
 is tainted. It is no longer an election ; it is utterly void. . . . 
 This result may be undoubtedly a cruel consequence of the law of 
 agency as applicable to elections ; it is, however, a law that arises 
 from the necessity of the case, and is well put by a learned Scotch 
 judge, Lord Barcaple, in the Greenock caBe(g'), an exposition which 
 was approved by my brother Blackburn (r) afterwards. ' I do not 
 see,' said Lord Barcaple, in the case referred to(g'), 'how these 
 election petitions would be of the least use otherwise, because I 
 suppose there are very few candidates indeed who undertake the 
 practice of corruption by their own hand. I presume there are 
 equally few candidates, or very nearly so, who ever say to their 
 agents that they are to proceed corruptly in the matter.' " 
 
 As to avoiding an election on account of a single and insignificant 
 act of bribery, Channell, B., in Shrewsbury (s), said : — " If an act of 
 bribery is clearly made out, and agency is clearly proved, I am 
 disposed to agree with the dictum of my brother Willes (t), even 
 supposing it to be a little in opposition to that of my brother 
 Martin (m), a judge is at liberty to weigh the importance of that 
 act, or to take into consideration the effect it may have had upon 
 the election, but he is bound to apply the express provisions of the 
 Act of Parliament, without going into the question of the compara- 
 tive insignificance of the act of bribery which has been proved to 
 have been committed." 
 
 Note 4. — By sect. 2 (1) of the Corrupt Practices Act, 1854, theinduce- 
 ment may be any gift or loan, c&c, of money or valuable consideration. 
 
 In order to come within the meaning of these words the gift, &c., 
 need not be money. 
 
 In Bodmin {x) Willes, J., said that the promise of refreshment 
 infuturo would be equivalent to a bribe within sect. 2 (1), if it were 
 made out, quite apart from any question of corrupt treating, that G. 
 offered valuable consideration to the voters in order to induce them 
 to vote or refrain from voting. 
 
 (o) Per Willes, J., in Lichfield (1869), 1 Blackburn, J., in Hastings (1869), 1 0. & 
 
 0. & H. at pp. 26—27. H. at pp. 218—219. 
 
 iP) (1871), 2 0. & H. at p. 41. (f) BlaoUurn (1869), 1 0. & H. at p. 
 
 iq) (1869), 1 0. & H. at p. 251. 202. 
 
 00 A^prth Norfollc (1869), 1 0. & H. at (w) Salford (1869), ihid. at p. 142. 
 
 P- 240. (a,) (1869), 1 0. & H. 121 ; and see 
 
 (s) (1870), 2 0. & H. at p. 37. See also Mddermimter (1874), 2 0. & H. 173. 
 
BRIBERY. 95 
 
 Thus, where boots -were given to electors and their relatives in 
 order to induce such electors to vote, it was held there was a gift 
 within the meaning of the section (y). 
 
 In Launceston (z), where the candidate had for the purpose of 
 influencing voters at the election given to certain voters immediately 
 before and at the election a right to trap and shoot rabbits, it was 
 held that there was an offer within the meaning of this section, and 
 that there was a valuable consideration, and that the candidate had 
 been guilty of bribery. The election was accordingly declared void. 
 " I cannot help thinking," said Mellor, J. (a), "that it is a considera- 
 tion which is valuable and appreciable, and that being so, I am bound 
 to come to the conclusion that this was a corrupt act done by the 
 respondent himself. I cannot go into any intention of the respon- 
 dent ; I must be governed by what he said, and what he did, and 
 by the inferences I ought to draw therefrom." 
 
 Again, under sect. 2 (1) the inducement may be " any agreement 
 to make a gift or loan of money or any valuable consideration — 
 any offer or promise to procure or endeavour to procure any 
 money or valuable consideration — whether the offer be accepted 
 or declined." 
 
 Promise of a hribe. — " It is clear and settled law as laid down by 
 the House of Lords in the case of Cooper v. Blade (b), recognised by 
 Mr. Justice Willes(c) to be still law, that a promise to pay the 
 travelling expenses of a voter conditionally upon his supporting a 
 particular candidate was bribery " (ci). "If," said "Willes, J., in 
 Penryn (e), " the respondent had promised, it would have been as 
 much as if he had paid." On the other hand, a message to come 
 and vote, sent to the voter by an agent of the candidate, is not 
 bribery. 
 
 " In Cooper v. Slade (b) Lord Bramwell, in the House of Lords, 
 pointed out in the clearest terms that no amount of hopes or 
 expectation on the part of a voter is enough to constitute bribery, 
 and everyone agreed that a mere request to a voter to come up and 
 vote could not constitute bribery (g). 
 
 " Every payment of expenses, though fair and reasonable, to a 
 voter in order to induce him to vote (that is, every payment upon 
 any condition, express or implied, that he should be paid his expenses 
 if he voted for a particular candidate) is bribery within the meaning 
 of the Act" (/i). 
 
 (y) Sarmtaple (1853), 2 P. R. & S. 208. («) (1869) 1 0. & H. 122. 
 
 (s) (1874), 2 0. & H. 129. 0/) -Per Willes, J., in Coventry (1869), 1 
 
 (a) Ibid, at 133. 0. & H. at p. 105. 
 
 (») (1858) ti H L. C. 746. (A) Per Lord Wensleydale m Cooper t. 
 
 (c) 1 0. & M. 29. Slade (1858), 6 H. L. C. at 791, quoted 
 
 (d) Per Keogh, J., in Subli/i (1869), 1 with approval by Quain, J., in Monhavt 
 & H. at p. 273. (1876), 3 0. & H. at 55. 
 
96 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Offer of a bribe. — " Where the evidence as to bribery consists 
 merely of offers or proposals to bribe, the evidence required should 
 be stronger than that with respect to bribery itself . . . because 
 when two people are talking of a thing which is not carried out, it 
 may be that they honestly give their evidence ; but one person 
 understands what is said by another differently from what he 
 intends it" (t). 
 
 " Offers or conversations unaccompanied by any acts should be 
 much more strongly proved in evidence than where some clear 
 definite act has followed the alleged offer or conversation" {k). 
 
 The offer of a bribe to a person disqualified from voting is 
 bribery {I), but an offer by a voter to sell his vote, unless such offer 
 is proved to have been accepted by the candidate or his agent, does 
 not amount to bribery (m). 
 
 " Any act committed previous to an election, no matter at what 
 distance of time, with a view to influence a voter at a coming 
 election, whether it is one, two, or three years before, is just as much 
 bribery as if it was committed the day before the election or the day 
 of the election ; nay, more, if a man commits bribery on the first 
 week of a Parliament, and if he sues for the suffrages of that con- 
 stituency in the last week of the seven years which precede the 
 dissolution, that act committed six years before can be given in 
 evidence against him, and his seat will not hold an hour " (n). 
 
 "Any act committed previous to an election, no matter at what 
 distance of time, with a view to influence 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 " (o). 
 
 " To take an extreme case-: if Mr. S. himself had said to any 
 voter, ' Here are £6 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 " (p). 
 
 Note 5. — In order to induce any voter to vote or refrain from voting 
 or corruptly does any such act as aforesaid. " What is the exact mean- 
 ing of the word ' corruptly ' ? I am satisfied," said Martin, B., in 
 Bradford (q), " that it means 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 ' corruptly ' done. ' Corruptly ' 
 
 (i) Per Martin, B., in Cheltenham (I) Guildford (1869), 1 0. & H. 14. 
 
 (1869), 1 0. & H. pp. 6i, 65 ; cited with (m) Mallow (1870), 2 0. & H. 21. 
 
 approval by Harrison, J., in Carrick- (m) Sligo (1869), Judgments, 144. 
 
 fergus (1880), 3 0. & H. at 92. (o) Per Keogh, J., in Sligo (1869), 1 0. 
 
 (A) Per Morris, J., in Mallow (1870), 2 & H. 302. 
 
 0. & H. at p. 22 ; cited with approval by (p) Per Bramwell, B., in Stroud {No. 2) 
 
 Harrison, J., in Carrickfergus (1880), 3 (1874), 2 0. & H. 183. 
 
 O & H. at 92. (j) (1869) 1 0. & H. at p. 37. 
 
BRIBERY. 97 
 
 means an act done by a man knowing he is doing what is 
 wrong, and doing it with an evil object. ... I think the meaning 
 must be given to the word ' corruptly ' which I have indicated, 
 namely, a thing done with an evil mind ; there must be some evil 
 motive in it and it must be done in order to be elected." 
 
 Corruptly— i.e., " to influence votes " (r), " to produce the result 
 which the Legislature intended to forbid" (s), "means, contrary to 
 the intention of this Act, with a motive or intention by means of 
 it to produce an effect upon the election, not going so far as bribery, 
 but with a motive thereby to influence the election" (<). 
 
 The words set out in italics above occur at the end of sub- 
 sects. (1) and (2) of sect. 2 of the Corrupt Practices Act, 1854 ; see 
 p. 90, supra. 
 
 The word corruptly only occurs in the definition of what 
 constitutes bribery after the voting has taken place. 
 
 In Launceston (u) Mellor, J., said : "The word 'corruptly' has 
 been several times under the consideration of the judges, and, as 
 far as I know, they are all agreed upon its meaning ; and my 
 brother Blackburn certainly upon two occasions (x) has laid down 
 law in reference to it in terms which are exceedingly clear. He said 
 in the Hereford case (y), ' What is the exact meaning of the word 
 ' corruptly ' ? It means, contrary to the intention of the Act, with a 
 motive or an intention by means of it to produce an effect upon the 
 election, not going so far as bribery, but going so far as to produce 
 an effect upon the election.' " 
 
 In Stroud (z) Bramwell, B., said : " The Act says ' shall corruptly 
 do any such act.' Now, it would be impossible to find that it was 
 corruptly done, unless there had been some previous engagement 
 or something else to make that wrong which otherwise would be 
 right. I rather think that word ' corruptly ' would not apply to any 
 case where the payment was merely on account of the voting, 
 unless there was some other reason for giving the money. For 
 instance, such a thing as this might happen : if a man voted and got 
 turned out of his situation and went to anybody for charity, and a 
 man said, 'I am sorry for you, here is a sovereign,' that would not 
 be a corrupt payment, though it might be said to have been given 
 on account of the man having voted in a particular way. Never- 
 theless, in almost every case where a payment is made in conse- 
 quence of a voter having voted, it would be a corrupt giving, unless 
 some reason, such as I have suggested, could be given." 
 
 00 Cheltenham (1869), 1 0. & H. 65. (x) SemUe, Wnllingford (1869),10.&H. 
 
 («) WaUingford, ibid. 60. 59, and Hereford, iMd. 195. 
 
 (0 Hereford, ibid. 195. (y) 1 0. &' H. at p. 195. 
 
 (m) (1874), 2 0. & H. at pp. 132—133. (:) (1874),2 0. &H. 184 ; Cuoperv.Slade 
 
 (1858), 6 H. L. C. 746. 
 L.E. H 
 
98 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 In all these cases the question is, What was the viotive for doing 
 the act ? What teas the governing principle ? Was the act done for 
 the purpose of inducing the voter to vote or refrain from voting, or was 
 it done from a motive of kindness or charity — in other words, was the 
 act done from a dishonest or honest motive ? 
 
 " Before the Court is led to the conclusion that the distribution 
 of charity in any particular ease has been used for a dishonest 
 purpose, it must be clearly proved that the motive of the person so 
 using it is dishonest and corrupt. Whether this is so or not must 
 he a matter of inference to be drawn from the facts of each particular 
 case, and must depend upon many circumstances, involving those 
 of time, place, the persons by whom the charity is distributed, and 
 by whom it is received ; whether it has been given in pursuance of an 
 accustomed course, or whether it is novel and unprecedented ; whether 
 it is moderate or immoderate in>^amount, and. especially whether the 
 persons to whom it is given are proper recipients (a). 
 
 " It might be a doubtful question . . . whether, assuming two 
 motives to exist, the one being pure and the other with the 
 intention to corrupt, you could exclude the corrupt intention and 
 rely wholly upon the pure intention. I think that must be rather a 
 question of degree. A man may wish to be charitable in a neigh- 
 bourhood, but at the same time he may have an eye to his own 
 interests, and there must be in fact some limiting line, incapable of 
 being defined in words, where the two things come to a nearly 
 equal balance " (b). 
 
 " What are called charitable gifts may be nothing more than a 
 specious and subtle form of bribery, a pretext adopted to veil the 
 corrupt purpose of gaining or securing the votes of the recipients. 
 And if this is found to be the object of the donor, it matters not 
 under what pretext, in what form, to what person, or through 
 whose hands the gift may be bestowed, or whether it has proved 
 successful in gaining the desired object or not. On the other hand, 
 a gift may really be what it professes to be, the offspring of a 
 purely benevolent impulse, and, if this be its character, it matters 
 not whether the recipient makes a good or bad use of it, or what its 
 effects may be upon him " (c). 
 
 "A charitable gift, however injudicious it may be, is harmless in 
 the eye of the law, whatever its effects may be upon the recipient, 
 and certainly is not bribery " (rf). 
 
 In Windsor (e) Bramwell, B., said : " It is certain that the 
 
 (a) Per Pollock, B., in St. George's (c) Per Lush, J., in Plymouth (1880), 
 
 (1895), 5 0. & H. 94. 3 0. & H. 109, 110. 
 
 (&) Per Grove, J., in Boston (1874), 2 QT) Per Lush, J., in Plymouth (1880), 
 
 *3-'S'H. 163. 3 0.&H. 111. 
 
 (b) (1874), 2 0. & H. 90. 
 
CHABITABLE GIFTS. 99 
 
 coming election must have been present to the respondent's mind 
 when he gave away these things. But there is no harm in it 
 if a man has a legitimate motive for doing a thing, although 
 in addition to that he has a motive which, if it stood alone, 
 would be an illegitimate one. He is not to refrain from doing 
 that which he might legitimately have done on account of the 
 existence of this motive, which by itself would have been an illegiti- 
 mate motive. If the respondent had not been an intending candi- 
 date for the borough, and yet had done as he has done in respect of 
 these gifts, there would have been nothing illegal in what he did, 
 and the fact that he did intend to represent Windsor and thought 
 good would be done to him and that he would gain popularity by 
 this does not malje that corrupt which otherwise would not be 
 corrupt at all" (/). 
 
 In Carrichfergus (g) Dowse, B., said : " I think the law upon this 
 subject should be clearly understood, and I do not know that there 
 is a better reading upon the point than the judgment of Baron 
 Bramwell in the Windsor case " (/). 
 
 On the other hand, in Salisbury (h) and St. George's (i) a different 
 view of the law was taken. In the latter case the Court said (t) in 
 reference to the observations of Bramwell, B., set out above : " We 
 feel we should not be quite prepared to adopt so lenient a judgment, 
 but should prefer to say . . . that in each case the question arises 
 whether the distribution of charity was done honestly or whether it 
 was done corruptly, and that we must take the whole of the 
 evidence into consideration and inquire whether the governing 
 principle in the mind of the man who made such gifts was that 
 he was doing something with a view to corrupt the voters ; or 
 whether he was doing something which was a mere act of kindness 
 or charity." 
 
 The distribution of so-called charitable tickets 'has frequently 
 given rise to questions in the election courts. " There are two 
 ways," says Pollock, B. (j), in "which a candidate, or his agent, 
 may be guilty of bribery in the distribution of charitable tickets : 
 First, by the giving of them to individuals, coupled with a request 
 for their vote, in which case the offence falls within the same 
 principle as any other direct bribery which is procured by 
 the giving of money, or anything else which is valuable to the 
 recipient. . . . 
 
 " Another, and certainly not a less mischievous mode of brib- 
 ing by the distribution of charitable tickets, is by giving them 
 
 (/) (1874), 2 0. & H. 90. (0 (1895), 5 0. & H. 95—96. 
 
 (7) Carrickfergus (1880), 3 0. & H. 90. 0) ^^^- ^'^■ 
 
 {Ji) (1883), 4 0. & H. 28. 
 
 H 2 
 
100 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 dishonestly and colourably on a large scale, and without due 
 consideration of the need of the persons to whom they are given, 
 so that the proper inference to be drawn from the conduct of the 
 giver is that his motive was not that of true charity, but of corrupt- 
 ing the minds of the recipients and inducing them to support him 
 in his election ; and this might well be so, although there was no 
 selection of voters only, and even if a large proportion of those to 
 whom the tickets were given were non-voters, women and children. 
 Indeed, such a course of conduct would amount to bribery at 
 common law, apart from the recent statutes, and is probably 
 more mischievous and insidious than the buying of a vote by 
 money. It has been said of mercy that it is twice blessed — 'It 
 blesseth him that gives, and him that takes ' ; but it might well be 
 said of such charity as this that it is twice cursed, as corrupting 
 alike the giver and receiver." 
 
 Where it was proved (k) that the respondent had given £1 for a 
 voter who previously promised him his vote, and afterwards applied 
 to him for assistance in distress occasioned by the death of two 
 children, Willes, J., said : " The giving of the sovereign was a question 
 of degree. If a sovereign was sent to every person on the register, 
 on the occasion of a birth or a death in his family, by a candidate 
 at an election, it would be hard to come to any other conclusion 
 than that the money was given with the view of obtaining votes. 
 It was a very different question whether an isolated gift of the kind 
 in' a case of great distress was to be looked upon in the same 
 light." 
 
 " If a man asks another to shout for so-and-so, and says he will 
 give him a pot of beer for doing so, I should not consider that 
 bribery ; but if he gives him a guinea — an inordinate price for a 
 shout — I should come to an opposite conclusion " (l). 
 
 The election has been declared void on the ground of bribery where 
 the candidate or his agent had been guilty of paying money to get a 
 voter out of prison in order to enable him to vote (m), paying money 
 to take a voter on a trip and so keep him out of the way until it 
 was too late to vote in order to prevent his being bribed by the other 
 side (w), giving coals to voters (o), giving a voter a pair of boots (p)^ 
 the payment of a substitute to do a voter's work while he votes {q). 
 
 In Sanclwicli [r), where the candidate hired a room for committee 
 meetings in each of eighty-eight public-houses at the rate of £5 a 
 
 (i) Windso)' (1869), 1 0. & H. at p. 2. No. 337, 1880, p. 38. 
 
 (0 Per Pollock, B., in St. George's (o) Boston (1874), 2 0. & H. 161. 
 
 JDirishm (1895), .5 0. & H. at p. 91. {p) Tewliesiury (1880), P. P. No. 337, 
 
 (m) Londo-nderry (1869), 1 0. & H. 275, 1880, p. 80. 
 
 276 ; cf. AshhuHon (1859); W. & B. 1. (^) Plymouth (1880), 3 0. & H. at 107. 
 
 (m) Dungaunon, Parliamentary Papers, (?0 (1880), 3 0. & H. 158. 
 
BRIBERY. 101 
 
 room, and it was proved that these rooms were not used for election 
 business at all, as committee rooms proper were hired elsewhere in 
 which the ordinary business of the election was transacted, Lush, J., 
 said (s) : " There is no difference in substance between a colourable 
 hiring of a voter's room as a committee room and the colourable 
 hiring of the voter himself as a messenger. The object in each 
 case is to secure his vote. The only difference between the two cases 
 is the form of disguise. We therefore adjudge the hiring of these 
 rooms in the public-houses to be colourable, and to be suflBcient 
 to avoid the election." 
 
 In dealing with the decided cases it must be borne in mind that 
 every case must depend on its particular circumstances, and must 
 not be too readily "accepted as a conclusive precedent. 
 
 " It is as well that the public should know that, when a judge 
 pronounces an opinion upon a certain state of facts, he takes into 
 consideration the existing state of knowledge and the existing cir- 
 cumstances, but when upon a second occasion persons seek to avail 
 themselves of that ruling, and think that they can do a wrong act, 
 simply trying to keep within the particular facts which upon the 
 former occasion were held not to be corrupt, they frequently do acts 
 which must be held to be corrupt. It may be that, upon precisely 
 the same apparent state of facts, an act which is not held corrupt 
 at one time may be held corrupt at another time ; because knowledge 
 goes on, and if the second act is a mode of effecting a corrupt 
 purpose, merely getting out of a judicial decision upon the previous 
 state of circumstances, then that which in the first instance is not 
 corrupt would in the second instance become corrupt. It is well 
 that persons should know that these matters must depend upon the 
 circumstances, and that people cannot successfully evade the law 
 by simply, as they think, getting out of the terms which the judges 
 use in their expositions of the law "(t). 
 
 Note 6. — Again, the imlwement may he the giving or procuring of 
 office, place, or employment {u). This is so whether the office, place 
 or employment is in the gift of the person holding out the induce- 
 ment, or is to be obtained through his means. 
 
 Thus, the offer to procure a seat in the town council for a voter 
 was held to be within sect. 2 (2) of the Corrupt Practices Act, 
 1854 {x). 
 
 In order to ascertain whether the employment amounts to 
 bribery or not, it is useful to inquire whether it is a case of fair 
 
 (■v) 3 0. & H. at 160. 00 Corrupt Practices Act, 1851, s. 2 (2). 
 
 (.0 Per Grove, J., in Bmtoii (1874), 2 (J) Waterford (1870), 2 0. i: H. 25. 
 
 0. Jc H. at pp. 164, 165. 
 
102 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 work for fair pay; if so, generally speaking, there would be no 
 bribery, but a genuine transaction. If, on the other hand, there is 
 only nominal employment, it may well be a cloak for bribery. 
 
 In Camhridge (y), where 74 messengers apparently connected 
 with electors were employed on one side, and 33 on the other, and 
 there was a conflict of evidence as to the necessity of employing so 
 many as 74, but there was no dispute that they were actually 
 employed about the business of the election, it was held that this 
 was not bribery. 
 
 On the other hand, in Oxford (z), where 152 messengers were 
 employed on one side and only 28 on the other, and it appeared 
 that some of the 152 performed no real services, the election was 
 avoided on account of the employment of these messengers. Where, 
 however, about 250 men were employed as " watchers " for the 
 alleged purpose of resisting threatened violence, and they were 
 employed by electors, to each of whom was given money to pay them, 
 and who in many cases employed their own servants or relatives, 
 the court nevertheless refused to treat this as colourable bribery, on 
 the ground that sufficient was shown to justify it in regarding it as 
 a bond fide engagement of persons for services which either were 
 necessary or were deemed necessary (a) . 
 
 The mere fact, however, of nominal services being rendered, 
 though it raises a presumption of guilty intention where the 
 persons hired are the friends or employes of electors, is not 
 conclusive (a). 
 
 In Penryn (b) a voter applied for employment to the respondents' 
 agent, who sent him to a person who gave him a month's work, a 
 fortnight before and a fortnight after the election. Nothing was 
 said about his vote until after he was told where he might go and 
 get work ; he was then asked whether he intended to vote for the 
 respondents, to which he answered "Yes," and voted accordingly. 
 Willes, J., held that these facts did not constitute colourable 
 employment by the agent of the respondents, and in the course of 
 his judgment he said(c) : " Unless^the employment was colourable — 
 unless, that is to say, it was an employment only in name, and it 
 was shown that the money either was given for doing nothing or 
 was given in excess for the services fairly rendered by the voter, — 
 there was no bribery." 
 
 In Stroud (d), which was a case decided prior to the passing of 
 the statute 48 & 49 Vict. e. 56, it was held that the payment of 
 wages to workmen who were absent from their work on polling day 
 
 (»/) (1857), W. & D. 30. (J-) (1869), 1 0. & H. 127. 
 
 (2) (1880), 3 0. & H. 155. (c) Ibid. 130. 
 
 («) Youfjkcd (1869), 1 O. & ja. 291. (d) (1871), 2 0. & H. 181. 
 
BRIBERY. 103 
 
 was not bribery. Bramwell, B., said (e) : " The Act does not say 
 that liberal conduct towards your men, ... for instance, the 
 putting up of a drinking fountain, or what not, although.it may be 
 done very much to influence voters, is an act of bribery. I do not 
 think that it was the intention of the Legislature to prevent the 
 doing of any act liberal and good in itself ; as, for instance, if a 
 master said to his men, ' If you choose to make a holiday of this 
 day you shall not lose money by it ; whatever your colour, go out 
 and take your holiday, and you shall be paid your day's wages all 
 the same.' I doubt, if there had been any antecedent promise of 
 that kind, whether it would come within the meaning of the Act. 
 I do not think the Legislature intended to prohibit that ; it intended 
 to prohibit acts done yvith the specific object of influencing the mind 
 of the individual voter to whom they had relation by the particular 
 temptation held out to him, but it did not intend to prevent an act 
 being done to a person, kind and good in itself, merely because it 
 had a tendency to make that person favourable to the persons 
 doing it." 
 
 In 1885 an Act (/) was passed laying down the conditions on 
 which an employer may give leave of absence to his employes to 
 record their votes. This Act provides that an employer may permit 
 parliamentary electors in his employment to absent themselves 
 from such employment, for a reasonable time, for the purpose of 
 voting at the poll at a parliamentary election, without having any 
 deduction from their salaries or wages on account of such absence, 
 if such permission is, so far as practicable without injury to the 
 business of the employer, given equally to all persons alike who are 
 at the time in his employment, and if such permission is not given 
 with a view of inducing any person to record his vote for any 
 particular candidate at such election, and is not refused to any 
 person for the purpose of preventing such person from recording 
 his vote for any particular candidate at such election. 
 
 It is bribery to employ voters as paid watchers or assistants (g). 
 
 " Anyone who presumes to appoint for himself a number of 
 persons whom he calls private police is answerable, as their master, 
 for the misconduct of any one of them. . . . The principle to be 
 acted upon is represented by the question ' Is the employment of 
 these men a colourable device to cover bribery ? or is it to be 
 referred to motives and springs of action other than an intention to 
 procure votes? '"(/i) 
 
 (e) (1874) 2 0. &H. at 184; cited with Q/) Seicdley (ISHd), 1 0. & H. 16 ; 
 
 approval by Bruce, J., in Huggerston Bodon (1889), 3 0. & H. 152, 153. 
 
 (1896), 5 0. & H. at p. 87. (//) Per Willes, J., in Tamworth (1869), 
 
 (/) 48 & 49 Vict. c. 56, s. 1 ; and see 1 0. & H. 78, 79. 
 Aylesbury (1886), 4 0. & H. 59. 
 
104 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 On the other hand, " It is not illegal for private individuals to 
 employ persons to keep the peace. It is a most dangerous practice, 
 and one which ought rarely, if ever, to be resorted to " (i). " There 
 can be no objection to the employment of unpaid volunteers to put 
 down disturbances, and where any serious disorder is apprehended 
 it may be a wise proceeding to swear in such volunteers as special 
 constables" (j). 
 
 Corrupt payment of rates. — " Any person, either directly or 
 indirectly, corruptly paying any rate on behalf of any ratepayer for 
 the purpose of enabling him to be registered as a voter, thereby to 
 influence his vote at any future election, and any candidate or other 
 person, either directly or indirectly, paying any rate on behalf of 
 any voter for the purpose of inducing him to vote or refrain from 
 voting, is guilty of bribery, and is punishable accordingly; and any 
 person on whose behalf and with whose privity such j)ayment is 
 made is also guilty of bribery, and punishable accordingly " (k). 
 
 " 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 . . . means to induce them to vote for the 
 person on whose behalf the payment was made " (/)• 
 
 In Oldham (m) Blackburn, J., held that in order to bring a person 
 under this provision it must be shown conclusively that the pay- 
 ment of rates was with a corrupt intention. And in Wigan (n) 
 Martin, B., stated it to be his impression that to make a candidate 
 liable for such a payment by an agent it must be shown that he 
 expressly authorised it. This seems to be contrary to a departure 
 from the general law of election agency. 
 
 At any of the 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 council, 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. 
 
 Any person on whose behalf and with whose privity any such 
 payment is made is also guilty of bribery (o). 
 
 NoTE_ 7.— By sect. 2 (3) of the Corrupt Practices Act, 1854, a 
 person is guilty of bribery who . . . makes any gift, loan, &c. . . . 
 
 (0 Per Willes, J., in TamwoHh (1869), (Scotland) Act, 1868, s. i9. 
 
 /-^ ?• ''^' ^''- (0 Per Martin, B., in CMtewham 
 
 U) Per Willes, J., in Ijiswich (1886), i (1869), 1 0. & H. 63. 
 O. & H at 74. (,„) (1809), 1 0. & H. 164. 
 
 (A) Representation of People Act, 1867, («) J bid. 190. 
 
 s. 49 (England) ; Eepreseutation of People («) 44 ^ 45 Vict. c. 40, s. 2. 
 
BRIBERY. 105 
 
 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 
 Parhament or the vote of any voter at any election. 
 
 An illustration of a case which amounts to bribery within the 
 xneaning of these words would be any payment or promise of pay- 
 ment to induce a person to personate a voter. 
 
 In Lislnirn {p), it was held that the payment of money to induce a 
 person to personate his father who was dead, and vote, was bribery. 
 In Coventry (q) , evidence having been given as to an attempt to 
 induce a man to personate an absent voter, Willes, J., remarked 
 that it might, in his opinion, be laid in the petition that an agent 
 of the member had got voters personated, and that that, if 
 established, would bp sufficient fraud at common law to set aside 
 the election. 
 
 Note 8. — Sect. 2 (4) of the Corrupt Practices Act, 1854, makes 
 any person guilty of bribery who, lopon or in consequence of any such 
 rewards or inducements — i.e., held out by an offender against 
 sect. 2 (3) — shall procure, or engage, promise, or endeavour to 
 procure, a return or a vote. The distinction in this case is that, 
 whereas under the previous sub-sections the offence may be confined 
 to one person, here there must be a corrupter, in order to make 
 the person procuring, &c., liable. 
 
 In Barnstaple (?•), the sitting member entered into the following 
 agreement with one C. : "I will pay ^400 and £1,000 within a 
 week after the election." C. had been very active in a commission 
 of inquiry held for the borough and in preventing its disfranchise- 
 ment, and had incurred expenses to the amount of £1,400 in so 
 doing ; it was in respect of the payment of this £1,400 that the 
 above agreement was made. C. swore that it was no part of the 
 understanding that he should endeavour to procure L.'s return ; 
 but it was held that the election was void. 
 
 The fair payment, however, by one candidate of the expenses of 
 another if he will stand along with him does not of itself constitute 
 an illegality under the provisions of sect. 2, although it constitutes 
 a case calling for a full inquiry. In the words of Willes, J. (s) : " If 
 the respondent had agreed to give the respondent H. £5 — I might 
 eay a farthing in point of law — if he agreed to give him anything, 
 if only a peppercorn, for the purpose of purchasing any influence 
 which H. had with the electors of Coventry, and of advancing E.'s 
 mfluence as a candidate at the election, it would have been bribery, 
 and it would have avoided the election." 
 
 0*) (1863), W. & B. 223. ()■) (1833), 2 P. R. & D. 336. 
 
 (?) (1869), 1 0. i: H. 105. (s) CvveiUri/ (1869), 1 0. & H. 97. 
 
106 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Note 9. — The fifth and last kind of bribery described by- 
 sect. 2 (5) of the Corrupt Practices Act, 1854, is committed — first, 
 by one who advances or pays, or causes to be paid, any money to or 
 for the use of any other person, ' with the intent ' that the 
 money is to be spent in ' bribery at an election ' ; or, secondly, by 
 one who knowingly pays, or causes to be paid, any money to any 
 person in discharge, or repayment, of money spent wholly, or in 
 part, in 'bribery at an election.' Both these offences are confined 
 to bribery at an election; both relate to general bribery without 
 reference to particular voters ; and in both the corrupt intention 
 must be shown. No person, therefore, who subscribes money for 
 the expenses of an approaching election, within the amount which 
 may legitimately be anticipated in the particular case, will be 
 within this section, unless independent evidence be given of his 
 intention to be a j)arty to bribery at such election {t). 
 
 Note 10. — The proviso at the end of sect. 2 (5) of the Corrupt 
 Practices Act, 1854, set out in Article 18, above (ii), excepts from 
 the definition of bribery in sect. 2 any money paid or agreed to be 
 paid for or on account of any expenses which are hondfide incurred 
 at or concerning any election and which are not illegal on some 
 other ground {iC). 
 
 Art. 19. — Treating. 
 
 Any ■person who corruptly by himself or hy any other person, 
 either before, during, or after an election, directly or indirectly gives 
 or provides, or pays wholly or in part the expense of giving or pro- 
 viding, any meat, drink, entertainment or provision to or for any 
 person for the purpose of corruptly influencing that person or any 
 other person to give or refrain from giving his vote at the election, or 
 on account of such person or any other person having voted or refrained 
 from voting or being about to vote or refrain from voting at such 
 election, shall be guilty of treating (x). 
 
 And every elector xcho corruptly accepts or takes any such meat, 
 drink, entertainment, or provision shall also be guilty oj treating (y). 
 
 Note 1. — The definition of treating given in the above Article is 
 that contained in sect. 1 of the Corrupt and Illegal Practices 
 Prevention Act, 1883. The punishment for this offence is dealt 
 with in sect. 6 of the same Act. Under the preceding Corrupt 
 Practices Act of 1854, candidates only were liable to punishment for 
 treating. 
 
 (0 See Britt v. liohinmi (1870), L. E. Cooper v. Slade (1858), 6 H. L. C. 764, 
 
 5 C. P. 503. 7(i6. 
 (J.f) See p. 91, supra. (j.) Corrupt Practices Act, 1883, s. 1. 
 
 (w) Per Watson and Bramwell, BE., in (?/) Ihid. 
 
GENERAL TREATING. 107 
 
 General treating, though it could not be brought home to the 
 candidate or his agent, always rendered the election void at 
 common law. 
 
 " I take it to be well settled law . . . that an organised system 
 ... of treating will invalidate an election ... I am speaking now 
 of cases of which nothing could be traced to a candidate or his 
 agent ; but supposing at the head of every street food and drink 
 were provided in large quantities, and places for eating and places 
 for drinking opened, as to which it was known that every voter who 
 wished to go thither and seek for food or for drink would receive it, 
 provided he was a voter upon the side of a particular candidate, and 
 that that was an organised system of debauching the voters of a 
 particular borough, although all the while not traceable to the 
 member or his agents so as to disqualify him at future elections, is 
 it to be supposed for a moment that such an organised system as 
 that would not defeat an election ? I take it that it is well settled 
 that it would do so, and that there is no possibility of contesting 
 that proposition " (o). 
 
 " If it could be proved that there was treating in all directions on 
 purpose to influence voters, that houses were thrown open where 
 people could get drink without paying for it, by the common law 
 such election would be void, because it would be carried on contrary 
 to the principle of the law " (b). 
 
 In accordance with the principles laid down above, it was held in 
 St. Ives (c) that the election was void on the ground of general 
 treating, although neither the candidate nor his agent was in any 
 way responsible for it. 
 
 As to what amounts to general treating — 
 
 " Any act of treating tending to interfere with the free exercise of 
 the franchise was always considered as a corrupt and illegal act at 
 common law " (d) -. 
 
 " In order to find general treating, you ought to find that in all 
 probability an effect has been produced upon a considerable number 
 of minds "(e) : 
 
 " The charge of general treating is ridiculous. . . . The giving of 
 ten gallons or so of beer in a constituency of 2,600 people, even if it 
 were given for the purpose of influencing their vote, cannot be general 
 treating. ..." (/) : 
 
 " Any act of treating tending to interfere with the free exercise of 
 
 (a) Per Keogh, J., in Droglieda (1869), (1895), 5 0. & H. at p. 99. 
 
 1 0. & H. at pp. 257, 258. (e) Per Cave, J., in Hexham (1892), 
 
 (*) Per Martin, B., in Bradford, ihid. Con. Elect. Judgm. at p. 8. 
 
 *' P- Jl- (/) Per Cave, J., in Pomtefract (1893), 
 
 (c) (1760), 2 Douglas, 416. Day's Election Cases, at p. 129. 
 
 (<«) Per Pollock, B., in &. George's 
 
108 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 the franchise was always considered a corrupt and illegal act at 
 common law. But it has never been considered necessarily a 
 corrupt thing for persons interested in particular subjects to invite 
 other persons to a discussion relating to the subject, even though 
 some entertainment may be provided. It would, we think, be to 
 impose restrictions upon the advocacy of many public questions 
 which the Legislature never intended to be imposed, if it were 
 to be held that a temperance meeting or a meeting to advocate 
 the admission of women to the franchise, or a meeting for the 
 disestablishment of the Church in Wales, at which tea or other 
 refreshments were provided, was to be considered as a corrupt act, 
 simply because the effect of the meeting might be to give force and 
 strength to an agitation in favour of a political measure to carry out 
 the views of the promoters of the meeting " (g). 
 
 Note 2. — Any person ivlio corruptly . . .for the purpose of cor- 
 ruptly influencing. In order to amount to treating a corrupt intention 
 must be proved. 
 
 In North Norfolk (h) Blackburn, J., said : " The word ' corruptly' 
 means 'with the object and intention of doing that thing which the 
 statute intended to forbid.' " 
 
 " When that eating and drinking take the form of enticing people 
 for the purpose of inducing them to change their minds, and to vote 
 for the party to which they do not belong, then it becomes corrupt, 
 and is forbidden by the statute. Until that arrives, the mere fact 
 of eating and drinking, even with the connection which this supper 
 had with politics, is not suf&cient to make out treating" (i). 
 
 " If the opening had been proved to the extent of a single pot of 
 liquor being supplied to a single voter by any proved agent of the 
 member under circumstances in which I could be satisfied that it 
 was intended thereby to gain the vote of that man, this election 
 must have been declared void " (k). 
 
 As regards the meaning of the word " corruptly," the decisions of 
 the election court as to the construction to be placed on the same 
 word in the corresponding section (sect. 4, now repealed) of the 
 Corrupt Practices Act, 1854, are in point {I). 
 
 "As to this word ' corruptly ' the true construction of the Act is 
 that which was stated by Mr. Justice Willes in giving his opinion 
 in the House of Lords in the case Cooper v. Slade (m), namely, that 
 ' corruptly ' there does not mean wickedly or immorally or dishonestly, 
 or anything of that sort, but with the object and intention of doing 
 
 Q/) For Pollock, B., in St. Oeorge's (It) TanmoHh (1869), 1 0. & H. 83 ; 
 
 (1895), 5 0. & H. at p. 99. Bradford, ibid. 36, 39. 
 
 (/O (1869), 1 0. & H. 2i2. (0 (1871), 2 0. & H. 43. 
 
 (i) Coventry (1869), 1 0. & H. 106. (/«,) (1858), 6 H. L. C. 
 
TREATING. 109 
 
 that which the Legislature plainly means to forbid. In fact giving 
 meat or drink is treating when the person who gives it has an inten- 
 tion of treating, not otherwise ; and in all cases where there is any 
 evidence to show that meat or drink has been given, it is a 
 question of fact for the judge whether the intention was made out 
 by the evidence which in every individual case must stand upon its 
 own ground ; and although each individual case may be a mere 
 feather's weight by itself, and so small that no one would act upon 
 it, yet, if there is a large number of such eases, a large number of 
 slight cases will together make a strong one, and consequently it 
 must always be a very important inquiry what was the scale, the 
 amount, and the extent to which it was done. In considering what 
 is corrupt treating an^ what is not, we must look broadly to the 
 common sense of the thing. There is an old legal maxim " Inter 
 apices juris summa injuria." To go by the strict letter of the law 
 often would produce very grave wrong. If we were to say that an 
 election was void upon a single case of that sort, we should be going 
 to the apices juris, and the result would be summa injuria. There- 
 fore the inquiry must be as to the extent and amount of such 
 cases" (n). 
 
 "I cannot doubt," said Blackburn, J., in Walling ford (o) , "that the 
 intention of the Legislature in construing the word ' corruptly ' was 
 to make it a question of intention, which must be ascertained, as 
 all questions of intention must, by looking at the outward acts of 
 the parties and seeing the degrees and extent, and then drawing 
 the conclusion from the facts; a conclusion which may be, to a 
 certain extent, doubtful, when we are considering what were the 
 intentions. I think that what the Legislature means by the 
 word ' corruptly ' for the purpose of influencing a vote, is this : 
 that whenever a candidate is, either by himself or by his agents, in 
 any way accessory to providing meat, drink, or entertainment, for 
 the purpose of being elected, with an intention to produce an effect 
 upon the election, that amounts to corrupt treating. Whenever, 
 also, the intention is by such means to gain popularity and thereby 
 to affect the election, or if it be that persons are afraid that if they 
 do not provide entertainment and drink to secure the strong interests 
 of the publicans, and of the persons who like drink whenever they 
 can get it for nothing, they will become unpopular, and therefore- 
 provide it in order to affect the election — when there is an intention 
 in the mind either of the candidate or his agent to produce that 
 effect, then I think that it is corrupt treating (p). But everything 
 
 /■I aco^ ■''*'' ^'^o'^l'"™. J-i in Bewdley if) This passage was cited with 
 
 U»69) 1 0. & H. 19, 20. approval by Morris, J., in Mallow (1870),. 
 
 (») (1869) 1 0. & H. 58, 59. 2 0. & H. at 22, 23. 
 
no THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 is involved in the question of intention, and it becomes important 
 to see what is the amount of the treating. The statute does not 
 say or mean that it shall depend upon the amount of drink. The 
 smallest quantity given with the intention will avoid the election. 
 But when we are considering, as a matter of fact, the evidence, to 
 see whether a sign of that intention does exist, we must, as a 
 matter of common sense, see on what scale and to what extent it 
 is done. No one would think it reasonable to draw the conclusion 
 from the mere giving of a thimbleful of drink (to use a strong 
 expression), that it was done with any intent to influence' the 
 election so as to bring it within the statute. It is equally certain 
 in the case of a person giving a large number of thimblefuls one 
 would draw the conclusion that there was such an intention. But 
 it must always be a question more or less of evidence, and the 
 inference which the court draws from the facts must to some extent 
 depend upon the peculiar views of the minds which have to draw 
 the inference, and there must, therefore, always be a certain measure 
 of doubt in that respect. But I take it there is no doubt that the 
 point to be considered is, Was it given with an intention to influence 
 the election ? " 
 
 If a publican supplies drink to voters without orders and the 
 candidate subsequently pays him, such ratification would probably 
 be equivalent to original treating (q) . 
 
 " The question of corrupt treating must ... be in each case a 
 question of fact. If the refreshments provided were excessive, if the 
 occasions were numerous, and if there were other circumstances 
 calculated to excite suspicion, a corrupt intention might be 
 inferred" (r). 
 
 " The question whether or not there is corrupt giving of meat 
 and drink must, like every other question of intention, depend upon 
 what was done, and to a great extent to the extent to which it was 
 done, the manner and way. And therefore it is a question which 
 must always be more or less a question of fact " (s). 
 
 On the question whether a particular candidate was liable 
 personally for treating. Cave, J., said (i) : — 
 
 " If the candidate was bo7id fide ignorant of what had taken place, 
 then I think he would not be personally liable foi' that treating. 
 But, on the other hand, if he was ignorant viald fide, he would be. 
 I do not think that mere carelessness is suf&cient, unless it is of so 
 gross a character as to compel the conclusion that the ignorance is 
 
 (cf) Per Willes, J., in evidence before (.f) Per Blackburn, J., in StalyMdae 
 
 the Select Committee on Pari, and Mun. (1869), 1 0. & H. 72. 
 
 Elections, 415. (f) In Hexham (1892), 4 0. & H. H7, 
 
 (?•) Pel- Pollock, B., in 6^^ Georqe's 149. 
 (1895), 5 0. & H. 99, 100. 
 
TREATING. Ill 
 
 maid fide — that is to say, that the respondent suspected that some- 
 thing was wrong, and chose wilfully to shut his eyes in order that 
 he might be able to say at some future time that he did not actually 
 know what was going on." 
 
 Wills, J., in Montgomery (u) said: — 
 
 " There is inherent in a great many people with whom we have 
 had to deal in this inquiry the habit of giving and accepting 
 drink, and to suppose that such habit would be dropped at election 
 time is preposterous. In the excitement of election times you must 
 expect to find more indulgence in such habits rather than less. It 
 is therefore not sufficient, in order to make out a case of treating, to 
 show that this kind of refreshment has taken place. We must be 
 careful to see that the treating is administered for the purpose of 
 influencing votes." 
 
 "The law deals with substance, and not with shadows. The 
 law allows those trivial matters which occur from time to time 
 and cannot be prevented, which really do no mischief except 
 in the minds of the suspicious, and no inference is to be drawn 
 against a person who simply eats or drinks in the way of 
 moderate refreshment. . . . That which might present attrac- 
 tion to one man which he could not resist may to another be 
 possible to avoid. A hungry creature will go into the trap for a 
 bait at which the well-fed one will turn up his nose with disdain. 
 But it must be obvious (I have said enough and I meant no more 
 by what I said than to introduce what really is at the bottom of the 
 decision in all these cases) that the judge must satisfy his mind 
 whether that which was done was really done in so unusual and 
 suspicious a way that he ought to impute to the person who has 
 done it a criminal intention in doing it, or whether the circum- 
 stances are such that it may fairly be imputed to the man's generosity, 
 or his profusion, or his desire to express his good will to those who 
 honestly help his cause, without resorting to the illegal means of 
 attracting voters by means of an appeal to their appetite " (x). 
 
 In Westhury (y) Willes, J., said : — 
 
 " I do not wish it to be supposed (as has been supposed by some 
 people from some expression of mine in another case) that treating 
 by a single glass of beer would not be treating if it were really 
 given to induce a man to vote or not to vote. All I have ever said 
 18 that that is not sufficient to bring my mind to the conclusion 
 that the intention existed to influence a man's vote by so small a 
 quantity of liquor." 
 
 («) (1892) Day's Election Casesat p. 150. hj Dowse, B., in Louth (1880), 3 0. & H. 
 (*) Per Willes, J., in 5odm/« (1869), 1 at 169, 170. 
 "• & a. at p. 125, quoted with approval (y) (186'J), 1 0. & H. 50, 
 
112 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 In Tamwortli {z) the same learned judge said : " Treating, to be 
 corrupt, must be treating under circumstances and in a manner that 
 the person who treated used meat or drink with a corrupt mind, 
 that is, with a view to induce people by the pampering of their 
 appetite to vote or abstain from voting, and in so doing to act other- 
 wise than they would have done without the inducement of meat or 
 drink. It is not the law that eating and drinking are to cease 
 during an election." 
 
 In Wigan (a) Bowen, J., explained the law in the following striking 
 passage : — 
 
 " Can one close one's eyes to this fact, in connection with this last 
 Wigan election, that it took place at a time of great distress in the 
 town, when large numbers of colliers were on strike, and when the 
 gift of a breakfast to a starving man was worth as much to him on 
 that morning as the gift of a pound would have been perhaps at a 
 more prosperous time ? In the answer to the question that a cup 
 of coffee or a piece of bread and cheese was no such pampering of 
 the appetite as constitutes electoral treating, I desire to point 
 out that a cup of water to a soldier who is perishing for 
 water on the battlefield would be worth all the worth of the cup 
 in gold and more. You must not measure the treat by the actual 
 thing which is given. Water or bread in itself may appear little 
 matter, but you must take into consideration the time at which and 
 the circumstances in which it is given. Now on this day hunger 
 was abroad in the streets of Wigan. 
 
 " In the second place, I wish to answer the suggestion that this 
 was merely charity ; charity in election times ought to be kept by 
 pohticians in the background. ... It will generally be found that 
 the feeling which distributes relief to the poor at election time, 
 though those who are the distributors may not be aware of it, is 
 really not charity, but party feeling following in the steps of charity, 
 wearing the dress of charity, and mimicking her gait." 
 
 Primd facie, as has been often pointed out, the mere exercise of hos- 
 pitality is not an offence, but if that guise of hospitality is made use of 
 for the purpose which in the mind of the Legislature is corrupt,' for 
 the purpose of inducing a man to vote otherwise than he would vote, 
 either to vote in favour of the person, who engages his feelings by 
 giving him a handsome treat, or to refrain from voting for a man who 
 would not do it, the Legislature has said by express enactments, 
 independently of the question of bribery, that that is an offence" (6). 
 
 "Eating and drinking must go on, notwithstanding election 
 coming, in the ordinary and usual course. When eating and 
 
 (.-) (1869), 1 0. & H. 82, 83. (J) Per Field, J., in Saivow-in-Furms 
 
 («) (1881), iO.icH. 13, U (1S86), 4 0. & H. at p. 79. 
 
TREATING. 113 
 
 drinking takes the form of enticing people for the purpose of in- 
 ducing them to change their minds, and to vote for the party to which 
 they do not belong, then it becomes corrupt and is forbidden by the 
 statute. Until that arrives the mere fact of eating and drinking, 
 even with the connection which the supper had with politics, is not 
 sufficient to make out corrupt treating "(c). 
 
 " I have found," said Blackburn, J., in North Norfolk (d), " that the 
 notion has prevailed that for a candidate to give anything in the way 
 of meat or drink was fatal to the election. That is a salutary notion, 
 and acts as a protective machinery to the candidate, but I cannot 
 lay down the law to the full extent to which that goes. But I can 
 say, whenever a candidate or agent gives any meat or drink he does 
 what is a foolish and^imprudent thing, because it becomes a ques- 
 tion what the intention was in doing such a thing, and if the judge 
 who trys the case finds that the intention was to influence and affect 
 voters it vacates the election." 
 
 " In my judgment," said Cave, J., in Norwich{e), "the statute 
 does not apply to that form of treating which exists occasionally 
 between social equals, where first the one treats and then the other 
 treats, and which is only one form of ordinary hospitality. Neither 
 does it apply to certain kinds of treating which exist in relation to 
 business matters; it is not at all uncommon for persons, when 
 they have struck a bargain, to cement it with a little drink, and it is 
 obvious that the treating referred to in sect. 1 of the Act has no 
 reference to treating of that sort. It applies, in my judgment, to 
 that sort of treatment which exists where the superior treats his 
 inferior, the treating which gives the treater influence over the 
 person treated, and secures for the former the good will of the latter. 
 Not, however, to all cases of this kind does the corrupt treating 
 spoken of in the Act apply : it does not apply where the treating is 
 in return for small services, as where a man may treat a railway 
 guard or porter, or he may treat his own servants ; nor does it apply 
 where the object is to acquire general good will. It must have refer- 
 ence to some election, and it must be for the purpose of influencing 
 the vote of the person treated. What the object is in each particular 
 case must depend upon the circumstances of the case." 
 
 The act must be done in order to induce any voter to vote or 
 abstain from voting; whether this intention is present will be a 
 matter of inference from all the evidence in each particular case (/). 
 
 In Bradford {No. 1) (g), where 115 public-houses were opened 
 
 n^'2 if^i'.y"^'^^''"^-' ^"^ Go'^eMnj (1869), 1 (/) Pei- Bramwell, B., in Strmtd (1874), 
 
 "V^Ji- 106. 107. 2 0. &H. 184. 
 
 L.E. 
 
114 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 ostensibly as committee rooms, in which refreshments were sup- 
 plied, and it was proved that voters were admitted to those 
 committee rooms, that the ■ farce was gone through of putting 
 down their names as committee-men, that, their names being so 
 put down, refreshments were furnished to them whether they were 
 voters or non-voters or messengers, Martin, B., held that there 
 was a corrupt intention, and that this was a case of treating. On 
 the other hand, in Bradford {Xo. 2) Qi), it was held that there was 
 no case of treating where refreshments were provided for com- 
 mittee-men and others engaged in promoting an election, who had 
 declared their intention of supporting a particular candidate. 
 
 Political clubs and associations. — Difficult questions arise where 
 meetings are held for the purpose of exciting political enthusiasm, 
 and some sort of refreshment is provided for persons attending the 
 meetings. Does the giving of this refreshment amount to treating 
 within the Act ? "Whether this is so or not must depend on the 
 particular facts of each case, but it is material to consider the form 
 and amount of the refreshment, the persons who are the recipients 
 of it, whether similar refreshment has been customary, and whether 
 the meeting has been avowedly held in support of the particular 
 •candidate or merely for general political discussion. 
 
 In dealing with this question in Rochester [i) Vaughan WiUiams, 
 J., said : — 
 
 "If people are called together for the purpose of exciting 
 their political enthusiasm, and if the so-called treating is a mere 
 incident of such a gathering, it is not an offence within the Act. It 
 does not make it corrupt treating that a roof or warmth is pro- 
 vided for the meeting, nor is it necessarily corrupt treating if the 
 persons attending the meeting are provided with some sort of refresh- 
 ment ; but if they are gathered together merely to gratify theii' 
 appetites, and so to influence their votes, then it is treating within 
 the Act." 
 
 " Now there is, of course, nothing to be said in the abstract against 
 associations for the promotion of either Conservative or Liberal 
 views. People have a right to associate together in order to persuade 
 their fellow countrymen to adopt those views of politics which they 
 themselves are persuaded are the best and most wholesome, and so 
 long as in doing that they resort solely to things that are likely to 
 produce an effect upon the reason of those to whom they are 
 addressed, no fault whatever can be found with their action: it 
 is only when they endeavour to go beyond that, and to acquii'e popu- 
 larity for political principles of a particular kind by endeavouring to 
 
 (A) (1869), 1 0. & H. 39 ; see also (0 (1892), 4 0. & H. at p. 157. 
 
 Carriclifergxis, Hid. 268. 
 
TREATING. 1 1 5 
 
 secure the adhesion of those voters who take a less strong view of 
 political matters by addressing themselves, not to their reason, but to 
 less praiseworthy methods, by giving them treats or entertainments 
 for the purpose, by those means, of inducing those who take but 
 little interest in politics, for the sake of what they may get by those 
 treats and picnics, to join one or other of the great political parties 
 into which the country is divided, that fault is to be found. 
 
 " No doubt, so long as the local associations confined themselves 
 to their own members and did not tout for subscriptions for such a 
 purpose — if they united in order that by means of uniting they might 
 be able to form a social gathering — I should see nothing wrong in 
 that ; but undoubtedly it is somewhat dangerous, because it is so easy 
 to pass from that to something which is objectionable, and where a 
 local organisation has got up a social fete and there happens to be a 
 loss upon it, there is then the temptation to other people to sub- 
 scribe and make good that loss, which, if the treat is one involving 
 the giving of meat and drink at a less price than it can be furnished 
 at by those engaged in furnishing it, comes very perilously near to 
 treating, and cannot be too strongly deprecated " (k) . 
 
 Inriratiation by hospitality. — " It may be doubted whether treat- 
 ing in the sense of ingratiation by mere hospitality, even to the 
 extent of profusion, was struck at by common law. ... In order to 
 prove treating, it must be shown, not merely that eating and 
 drinking went on during the election, and went on under the 
 eyes of the candidate (eating and drinking must always go on), 
 but it must be shown that the eating and drinking was supplied at 
 the expense or upon the credit of the candidate, either by his 
 authority or by the authority of one or more of his agents, in 
 order to influence voters "(0- 
 
 " No man is bound to abstain from harmless hospitalities 
 (especially if they are, so far as he is concerned, customary) 
 because an election is pending. . . . But the regular practice of 
 giving drinks to the persons present at the meetings of the 
 National Conservative League stands upon a very different ground 
 — it is objectionable, demoralising, and dangerous to the seat " {in). 
 " Primrose League and other associations . . . unhappily se.em to 
 make a practice of giving entertainments, picnics, suppers, teas, 
 sports, and what-not, a practice which is dangerously akin to corrupt 
 treating, and a practice which, if indulged in by a candidate, would 
 certainly amount to corrupt treating. ... In my opinion the can- 
 didate has not fully performed his duties who has failed to take all 
 
 (4) Cave, J., in Hexham (1892), 4 0. & 1 0. & H. 24—25, 26. 
 M. 145, 140. ("to) Per Wills, J., in Worcester (1892). 
 
 (0 Per Willes, J., in Liclifield (1869), Day's Election Cases, 88. 
 
 I 2 
 
116 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 reasonable means that those whom he appointed his agents have 
 not been, and shall not be, guilty of corrupt or illegal practices " (w). 
 
 " There is undoubtedly no harm in political associations so long 
 as they confine themselves to legitimate ends — the danger of them is 
 that they are liable to be diverted towards illegitimate means ; and 
 undoubtedly it would be a wise plan, as soon as a candidate has 
 been fixed upon, for these associations to suspend their operations 
 until after the election is over, and entirely abstain as an associa- 
 tion from taking any part in collecting any money, incurring any 
 expense, or paying any account, during the whole time that the 
 active candidature is going forward " (o). 
 
 Smoking concerts. — " Smoking concerts, again, are open to the same 
 objection — they are not necessarily corrupt. What takes place there 
 is not necessarily corrupt treating, but it has a tendency to foster 
 among certain people the expectation that joining that association 
 will secure them free meat or free drink to an extent which they 
 would not be able to get in any other way. In that way they are 
 dangerous ; they tend to foster that kind of feeling which may easily 
 degenerate into corrupt treating " (p). 
 
 "I agree with what has been said by Mr. Justice Vaughan 
 Williams in the Hexham case (4 0. & H. at p. 150), that the practice 
 of political associations giving entertainments is a practice danger- 
 ously akin to corrupt treating. . . . The practice which was proved in 
 the present case, of the chairman for the time being at smoking 
 concerts and at other social gatherings paying for a glass of beer for 
 those present at the commencement of the concert or meeting, is, I 
 think, a very objectionable practice, but I cannot in the circum- 
 stances of the present case say that the observance of the custom 
 by persons who from time to time acted as chairmen of smoking 
 concerts was a treating, with the intention to influence votes, by 
 persons for whose acts Colonel F. ought to be held responsible " {q). 
 
 Finally, to sum up the matter in the language of Vaughan 
 Williams, J., in Rochester (?•) : — 
 
 " Every candidate who wishes honestly to prevent the commission 
 of corrupt and illegal practices will, from the moment he becomes a 
 candidate, make up his mind that he will have nothing to do with 
 any political club or association which makes it part of its business 
 to provide meat, drink, and entertainment for the persons who are 
 interested in the cause." 
 
 Distinction between political and non-political societies. — It should 
 
 {ii) Per Vaughan Williams, J., in Day's Elec. Cases, p. 101. 
 Mexlam, 4 0. & H. at pp. 150, 151. (j) Per Bruce, J., in Lancaster (1896), 5 
 
 (o) Per Cave, J., in Rochester (1892), 0. i: H. 43, 44. 
 4 0. & H. 160. (r) (1892), Day's Election Cases, at p. 
 
 ip) Per Cave, J., in Rochester (1892), 105. 
 
TREATING. 117 
 
 be noticed that the election judges, following the decisions of parlia- 
 mentary election committees, have drawn a distinction between 
 societies which have and those which have not a political object. 
 
 Thus, in Windsor (s), a question arose as to treating the members 
 of an Oddfellows Society. 
 
 It was proved that the Oddfellows Society consisted for the most 
 part of artizans. The annual dinner was held at the "Crown " Tavern 
 on August 25, the respondent being in the chair, and ninety-five 
 members present. The usual course on such occasions was that 
 those present should each pay his own score. The chairman, how- 
 ever, occasionally paid for the wine which was supplied. On this 
 occasion four or five dozens of champagne were drunk. The wine 
 was placed on the tabie by the landlord at the respondent's request. 
 Each guest had paid half-a-crown for his dinner : £27 10s. were 
 set down to the account of the respondent, Mr. Jones, the vice- 
 chairman, and Mr. Mason, for champagne, sherry, and cigars. A 
 considerable number of persons present at the dinner were voters 
 for Windsor, of all shades of political opinion. 
 
 In the course of his judgment (t) Willes, J., said : " The Oddfellows 
 is not a political society. Its constitution is of a benevolent character 
 and party politics are as a rule excluded from it, as from other 
 societies of a similar description. The sting of this case lies in the 
 fact that the dinner was held on August 25, within a fortnight 
 or three weeks of the commencement of the actual canvass for the 
 election. Now I am impressed with the objectionable character, to 
 say the least of it, of any transaction by which an intended candidate 
 may seek to ingratiate himself with electors, whether of his own side 
 of politics or not, by profuse expenditure for luxuries. I must 
 express the opinion, for I entertain it, that this is a questionable 
 proceeding, and that it would be well if such proceedings were 
 refrained from in future. . . . Cases of a similar nature have, I find, 
 been under consideration of parliamentary committees, who have 
 drawn a distinction between societies which have and those which 
 have not, a political object. I may refer to the decision in the 
 Pontcfract case (Wolferstan & Dew, p. 71) as bearing upon this 
 pomt. The treating of Oddfellows mentioned in that case was to 
 a much smaller extent than in the present instance, but it was held 
 not to amount to treating within this Act, the society not being a 
 political society. I may also refer to the Maidstone case (Wolferstan 
 & Dew, p. 104) as bearing immediately upon this point, as showing 
 that it appears to have been taken for granted, and no doubt 
 correctly, that a similar treating of a society having a political 
 
 (») (1869) 1 0. & H. 1. (0 Ibid, at pp. 4, 5. 
 
118 THK LAW OF PARLIAMENTARY ELECTIONS. 
 
 character, if established in evidence, would have amounted to an 
 offence within the Act of Parliament. I am not bound by decisions 
 of parliamentary committees, but I may properly refer to those 
 decisions for my guidance. As to the case of the Oddfellows, then, 
 while I cannot, for reasons that I have mentioned, disabuse my 
 mind of its importance, yet I think it well to follow the course 
 which has been adopted by parliamentary committees in similar 
 instances." 
 
 School feast. — Giving a school feast is not necessarily treating. 
 
 " Undoubtedly it is proved that the candidate did give refreshments 
 in the shape of food and entertainment to a very large number of 
 persons. Everybody agrees that there were something like from 
 7,000 to 10,000 people present, who came from all round the 
 neighbourhood, no doubt principally from the division. Pnma 
 facie that calls for some answer. It was a very large entertainment, 
 and was given at a time when a person giving it would have in his 
 mind that a great many of the persons who would be likely to come 
 there would be persons who would exercise the franchise, and whose 
 votes he would be glad to have. But then all the reported decisions 
 show that you must take into consideration all the circumstances 
 of the case. On the other side it is said that this was not a political 
 association, and was not an unusual thing. It is clearly and satis- 
 factorily proved to my mind that this so-called school treat has been 
 an entertainment given by the respondent on the Waddesdon estate, 
 at all events for the last five or six years, though this year it was 
 larger than usual. It appears that all the schools in the district 
 were invited, and everybody knows that all over England it is the 
 habit of some person or other, generally the gentry in the neigh- 
 bourhood, to open their parks for the purpose of giving some 
 entertainment of this kind. It is a thing very much done, and is 
 very generally known. Of course, it may be made a vehicle for 
 political corruption, and then it is as bad as any other mode of 
 corruption. But it has been satisfactorily established in this case 
 that no more was done than had been done in previous years" (w). 
 
 Employment of tvatchers. — In Bewdlcy (x) Blackburn, J., dealt 
 with this question. " The employment of watchers " he said, 
 " comes within all the mischief of treating. In the first place, it 
 indirectly influences the men, whether voters or not ; if they are 
 not voters, it indirectly influences all their friends and other voters. 
 In the second place, when it is given to voters, it would in all human 
 probability lead to an expenditure by them in public-houses and 
 
 («) Per Field, J., in Aylesbury (ISSfi), (.r) (1869) 1 0. & H. 20. 
 
 4 0. & H, 63, 64. 
 
TREATING. 119 
 
 elsewhere, which would indirectly influence voters. In that way it 
 falls within all the mischief of treating, but no statute has yet been 
 passed rendering it of the same effect as treating." The learned 
 judge subsequently said that he considered this to be a corrupt 
 practice, and that as such he must report it to the Speaker. 
 
 Candidate speaking at public -ho use.—" A case of treating is not 
 proved by merely showing that a candidate went to a public-house 
 to address a meeting where drinking was going on, unless it is 
 proved that the drinking was more than might be expected to take 
 place at a house where people meet together. It does not appear 
 to me that that would be sufficient to bring my mind to the con- 
 clusion that necessarily the candidate paid for the drink that was 
 there supplied. The,case of treating is not made out unless it is 
 shown that an extraordinary amount of drink was consumed which 
 could not have been paid for by the persons there "(2/). 
 
 " Drunkenness, in the way of general drunkenness, with a view 
 to influencing the election, according to my reading, would be 
 drunkenness operating upon men at or near the time when you 
 wanted them to come up to the poll to give you votes "(z). 
 
 It is a most dangerous practice to use public-houses for canvassuig 
 purposes. As to this, in Tamworthia), Willes, J., said : — 
 
 " Organising canvasses at public-houses I call a dangerous 
 practice, for two reasons. First, because persons who are not 
 voters at all, who have no interest in either party, and who only 
 care to swig at other people's expense wherever they think that 
 drink is going gratuitously, go round to such meetings, and are 
 allowed to go in under the mistaken notion that they are voters 
 on legitimate business with the committee, or out of good nature 
 not liking to object to them. The candidate is thus exposed 
 to a number of persons of that sort dropping in and drinking 
 what they do not pay for, and then making a great show of 
 it when the trial comes. . . . The second reason is because 
 committee-men who are employed, and who it has been assumed 
 may be supplied with refreshments, never ought to be. If com- 
 mittee-men are allowed to have drink, it is sure to lead to 
 excess. . . . There is also a third reason, and that is with 
 regard to the landlords themselves. The landlord being called 
 upon to lend his room for the purpose of holding meetings there, 
 and having, it may be implied, authority to provide fair refresh- 
 ment to the committee during their labour (which could hardly 
 have the name of treating affixed to it unless it were excessive), 
 
 1 l^^\ 'Sf ^'"^^' J- ™ Licltjield (1869), 1 0. & H. at 86. 
 
 ('•^D w^P- ^t' "■ («) I^i^- at pp. 87, 88. 
 
 (-) i'«)'Wi)les, J., in yiimujoj-c/t (1869) 
 
120 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 takes upon himself, without any orders at all, and upon the chance 
 oE being paid by the candidate if he should turn out to be successful, 
 to allow a long score to be run up for other refreshments in addition 
 to what he has been authorised to supply." 
 
 Treating after an election. — In order to make treating after the 
 election corrupt it would appear that it must have been in pur- 
 suance of a previous understanding. 
 
 In Brecon (b) Lush, J., said: — 
 
 " I am therefore driven to the conclusion that the treating which 
 the Act calls corrupt as regards a bygone election must be connected 
 with something which preceded the election, must be the comple- 
 ment of something done or existing before, and calculated to 
 influence the voter while the vote was in his power. An invitation 
 given before to an entertainment to take place afterwards, or even 
 a promise to invite, or a practice of giving entertainments after an 
 election, which it may be supposed the voters would calculate on, 
 would, if followed up by the treat afterwards, give it the character 
 of corrupt treating. But when the entertainment was, as it is 
 proved in this case to have been, not only not mentioned, but not 
 even thought of till after the election was over, no such entertain- 
 ment ever having been given before, it cannot, in my judgment, be 
 deemed corrupt treating within the meaning of the Act, even if its 
 object was, as my brother Ballantine contends, to gain a hold upon 
 the voters and secure their future support." 
 
 It has been held that where a man has been returned and 
 immediately begins to feast the population of his constituency, 
 that is a corrupt practice extending to the next election (c). 
 
 Evidence of what has passed before the dissolution is per- 
 missible (d). 
 
 A j)romise to treat. — It has been held that a promise to treat is 
 a charge which requires an answer (e). 
 
 Treating of non-electors. — " The treating of non-electors may be 
 illegal and corrupt, just as much as the treating of voters "(/). 
 Thus, in Tamworth (g), Willes, J., in dealing with the case of some 
 women who had been treated by the respondent's agent, said: 
 " The question was, "Were they treated in order that they might 
 influence their fathers, brothers, or sweethearts ? If so, this would 
 be unquestionably corrupt treating, and would avoid the election." 
 
 (t) (1871), 2 0. & H. 45 ; approved by (^d) I bid. per Pollock, B. 
 
 Grove, J., in Poole (1874), 2 0. & H. 125 ; (e) Montgomery (1892), 4 0. & H. 169. 
 
 cf. Kidderminster (1874), 2 0. & H. 170. (/) Per Fitzgerald, J., in Longford 
 
 (c) Per Willes, J., Montgomery (1892), (1870), 2 0. 4: H. 15. 
 4 0. & H. 168. ' (^^ (1869), 1 0. & H. 86. 
 
UXDUE IXFL^E^■CK. I- 1 
 
 Art. 20.— Undtie Influence. 
 
 Eccry person is guilty of undue iniiuencf trho, dinrtln or »»»- 
 
 directly, by himself or by any other person on his Inhal/, inakr:^ u.<c oj. 
 or threatens to make use of, any force, violence, or ngtraint, or inrlirt,-', 
 or thratens to inflict, by himself or by any other person, any tenqwral or 
 spiritual injury, damage, harm, or loss, upon or against any person in 
 order to induce or compel such person to rote or refrain from rotin;i. 
 ■or on account of such person having voted or refrained from roting, 
 at any election, or who, by abduction, duress, or any fraudulent device 
 or contrivance, impedes or prevents the free exercise of the Jrauchise of 
 any elector, or thereby compels, induces, or prevails upon any elector 
 ■either to give or refrainfrom giving his vote at any election Jt). 
 
 Note 1. — The definition given above is that contained in sect. 2 
 of the Corrupt and Illegal Practices Act, 1883. Apart, however, 
 from statute, if it could be shown that by reason of undue influence 
 there had not been freedom of election, the election would be set 
 aside — in other words, undue influence, if it was so extensive as to 
 prevent a true election, would at common law render the election 
 void, and this is so even though it could not be proved that the 
 ■candidate or any agent of his was responsible for such influence. 
 
 "What was the effect of undue influence before the statute is the 
 effect still, and . . . such influence prevailing generally is sufficient 
 to avoid the election, without any proof of agency whatever" (i). 
 
 " In order to avoid an election on the ground of . . . undue 
 influence, either it must be shown that the rioting or violence was 
 instigated by the member or his agents for whom he is responsible, 
 or it must be shown that it was to such an extent as to prevent the 
 ■election being an entirely free election " (/c). 
 
 It is, of course, only undue influence which is illegal. 
 
 " The law cannot strike at the existence of influence. The law 
 •can no more take away from a man, who has property or who can 
 give employment, the insensible but powerful influence he has over 
 those whom, if he has a heart, he can benefit by the proper use of 
 his wealth, than the law could take away his honesty, his good 
 feeling, his courage, his good looks, or any other qualities which 
 give a man influence over his fellows. It is the abuse of influence 
 with which alone the law can deal. Influence cannot be said to be 
 abused because it exists and operates " (l). 
 
 W Corrupt Practices Act, 1883, s. 2. (1869), 1 0. & H. 72 ; see also Salford 
 
 yis'm ,^ "^°' •'■< '"1 '^''"** ■^'"'*'' (1869), 1 0. & H. 140. 
 
 iU'd d,^; ?' 1^2- (0 J^''>- Willes, J., in Lichfield (1869), 
 
 (*) Per Blackburn, J,, in Stahjhndge 1 0. & H. 28 
 
122 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 The undue influence may take various forms. It may consist, 
 for instance, of general riot and violence, threats, or spiritual 
 intimidation. , 
 
 In North Durham, to quote the words of Bramwell, B., who tried 
 the case: "It was proved that one of the committee rooms was 
 wrecked, that the police station was stormed and the prisoners 
 liberated, that the vicar's house and other houses were attacked, 
 that savage violence was used . . . that a number of men were 
 ill-treated, and that a conveyance was flung over the cliffs." In 
 delivering judgment, Bramwell, B., said : — 
 
 " I take it that the law is this. First of all, there is the statutory 
 intimidation, that contemplated by the statute, if one may use such 
 an expression, that is, an intimidation contemplated by the statute 
 which avoids the seat, where a candidate or his agent is guilty of 
 it. But besides that there is another intimidation that has been 
 called a common law intimidation, and it applies to a case where 
 the intimidation is of such a character, so general and extensive in 
 its operation, that it cannot be said that the polling was a fair 
 representation of the opinion of the constituency " (m). 
 
 "Where intimidation happens to such an extent as not to let 
 the election be free, though not traced to the agent, it will make 
 the election void. ... In considering whether an election was 
 free or not it would be necessary to see what was the positive 
 majority " (n). 
 
 In Drogheda (o) Andrews, J., said : — 
 
 " To put general intimidation upon a parallel with general bribery 
 or general treating, it must be shown to spread over such an extent 
 of ground, and to permeate through the community to such an 
 extent, that the tribunal considering the case is satisfied, if it be so, 
 that freedom of election has ceased to exist in consequence. If that 
 be the case, I, for my part, see no distinction between an organised 
 system of bribery, an organised system of treating, and an organised 
 system of intimidation." 
 
 "Before an election can be vitiated by reason of general riot and 
 violence, it must be shown to be such as to affect the freedom of 
 election, which is that every person who has the franchise ought ta 
 be at liberty to go, and have the means of going, to the poll and 
 giving his vote, without obstruction, and without fear or intimida- 
 tion. To set aside an election on the ground of general riot and 
 violence, it must be established that persons possessing the ordinary 
 
 (m) (1874), 2 0. & H. 156. This case common law intimidation and riot, 
 
 and that of Drogheda (1869), 1 0. & H. (?t) Per Blackburn, J., in Staffonl 
 
 259, were referred to by Field, J., in (1869), 1 0. & H. at 229. 
 
 Tlwrnhary (1886), 4 0. & R. at p. 67, as («) (1869), 1 0. & H. 2.59. 
 the two leading cases on the subject of 
 
GENERAL INTIMIDATION. 123 
 
 nerve and courage of men have been prevented from going to the 
 poll to record their votes " (^). 
 
 " No doubt if rioting takes place to such an extent that ordinary 
 men, having the ordinary nerve and courage of men, are thereby 
 prevented from recording their votes, the election is void by the 
 common law, for the common law provides that an election should 
 be free, in the sense that all persons shall have an opportunity of 
 coming to the poll and voting without fear or molestation. But for 
 this purpose it must be a rioting to an extent certainly to deter a 
 man of ordinary reasonable nerve from going to the poll " (q). 
 
 In Dudley (r) Grove, J., said : — 
 
 " Of course, one would not set aside an election for any trifling 
 disturbance which may take place, as it sometimes does, good- 
 naturedly, at an election, without any real hindrance or impediment 
 to the voting. What I have to look at is whether there was such a 
 substantial riot and tumult as prevented any large number of the 
 electors from voting. ... An election is supposed to be the volun- 
 tary voting of the people, and if the state of the things in the town 
 is such that that cannot be properly exercised, there cannot be said 
 to be an election." 
 
 " In order to avoid an election on the ground of intimidation and 
 undue influence, either it must be shown that the rioting or violence 
 was instigated by the member or his agents, for whom he is respon- 
 sible, or it must be shown that it was to such an extent as to prevent 
 the election being an entirely free election " (s). 
 
 "If the evidence affected this return, it seems to me that it 
 would affect it by reason of the common law, which, of itself, 
 renders an election carried by violence, or force, or intimidation, 
 void, because the freedom of election is violated, and persons are 
 prevented from freely exercising their franchise and giving their 
 votes'' (t). 
 
 In DMin {u) Keogh, J., said : — " General bribery or general 
 treating will invalidate an election, even although it be not directly 
 traceable to the candidate, and I say above all things that 
 general intimidation and undue influence, whether it is lay or 
 ecclesiastical, whether it is the ecclesiastic of one persuasion or the 
 ecclesiastic of another, whether it is the Protestant Episcopalian 
 minister or the Eoman Cathotic priest, or the minister of any other 
 of those innumerable sects which I believe are to be found existino- 
 
 1 i/l H"■lin^'?^ ^■' ™ ^"^^'"''^ <^^*''^)' « P'"' Blackburn, J., in Stalybridge 
 
 it ?• 3 ^"- (1869), 1 0. & H. 72. •^ 
 
 WPe>-U^nm,KMNottingnam,\0. (t) Per Martin, B., in Cheltenham 
 
 , \ ;,o,.N „ r. (1869), 1 0. & H. 64. 
 (<■) (1874), 2 0. & H. 120, 121. (») (1869), 1 0. & H. 273. 
 
124 THE LAW OF PAELIAMENTARY ELECTIONS. 
 
 all over the face of the world, will upset every election at which it 
 is practised." 
 
 And in a later case(x), after citing what he had said on the 
 subject of general intimidation in the Dublin case, continued : — 
 
 " That I believe to be the law as laid down by the greatest 
 authorities, and of that I believe no happier exposition was ever 
 given than in the celebrated argument of Sir Samuel Eomilly in the 
 case of Huguenin v. Baseley {y). I adopt his words as marking 
 what I conceive to be the limit between due and undue influence. 
 They were as follows : ' Undue influence will be used if eccle- 
 siastics make use of their power to excite superstitious fears or pious 
 hopes, to inspire, as the objects may be best promoted, despair or 
 confidence ' (that is, to inspire despair or confidence in order to 
 attain their own objects, be they what they may), ' to alarm the con- 
 science by the horrors of eternal misery, or support the drooping 
 S2)iriis by unfolding the prospect of eternal happiness — that good or 
 evil which is never to end.' " 
 
 And the same learned judge in Galway {Borough) said {z) : — 
 
 " If a single elector, the most miserable freeman that crawls 
 about this town, had been refused the rites of the churches in order 
 to compel him to vote, or because he had voted, 'or because a 
 member of his family had voted in a particular way, I would have 
 avoided this election without the slightest hesitation." 
 
 In Longford (a) the law regarding spiritual intimidation was thus 
 laid down : — 
 
 " The Catholic priest has, and he ought to have, great influence. 
 His position, his sacred character, his superior education, and the 
 identity of his interests with his flock ensure it to him ; and that 
 influence receives tenfold force from the conviction of his people 
 that it is generally exercised for their benefit. 
 
 " In the proper exercise of that influence on electors, the priest may 
 counsel, advise, recommend, and entreat, and point out the true line 
 of moral duty, and explain why one candidate should be preferred to 
 another, and may, if he think fit, throw the whole weight of his 
 character into the scale ; but he may not appeal to the fears, or 
 terrors, or superstition of those whom he addresses. He must not 
 hold out hopes of reward here or hereafter, and he must not use 
 threats of temporal injury, or disadvantage, or punishment here- 
 after. He must not, for instance, threaten to ex-communicate, or 
 to withhold the Sacraments, or to expose the party to any other 
 
 (.r) Per Kengh, 3., in Galway {Borou/jh) -56, 57. 
 1869), 1 0. & H. 305 ; see also the oh' 
 
 (1869), 1 0. & H. 305 ; see also the obser- (y) U Ves. 288. 
 
 vations of the same learned judge in (z) (1869), Judgments, 317. 
 
 G'alway (^County-) (1872), 2 0. & H. (a) (1870), 2 0. & H. 16. 
 
UNDUE INFLUENCE OF CLERGY. 125 
 
 religious disability, or denounce the voting for any particular 
 candidate as a sin, or as an offence involving punishment here 
 or hereafter. If he does so with a view to influence a voter, 
 or to affect an election, the law considers him guilty of undue 
 influence." 
 
 In South Meath (b) O'Brien, J., said, referring to this passage :— 
 
 " The rule of law as laid down by Mr. Justice Fitzgerald (the late 
 Lord Fitzgerald) in the Longford case (2 0. & H. 6) is in substance 
 this— that it is the undoubted right of the clergy to canvass and 
 induce persons to vote in a particular way, but that it is not lawful 
 to declare it to be a sin to vote in a different manner or to threaten 
 to refuse the Sacraments to a person for so doing." 
 
 "The priest's true jnfluence ought to be like a landlord's true 
 influence, springing from the same sources, mutual respect and 
 regard, sympathy for troubles or losses, sound advice, generous 
 assistance, and kind remonstrance. And where these exist, a 
 priest can exercise his just influence without denunciation, and 
 the landlord can use his just influence without threat or violence. 
 A priest is entitled, as well as any other subject, to have his 
 political opinions, and to exercise his legitimate influence legiti- 
 mately. It is a mistake to suppose that on a man taking holy 
 orders he ceases to be a citizen, or ceases to be clothed with all the 
 privileges and rights of a citizen. But a priest has no privilege to 
 violate or abuse the law ; he has no right to interfere with the rights, 
 and privileges of other subjects. He may exercise his own privilege, 
 but he must forbear in respect of others "(c). 
 
 It is the undoubted right of the clergy to speak. in favour of 
 a candidate to his congregation (d), to attend a meeting held 
 for the purpose of choosing a candidate (e), and to use every legal 
 means to try to induce other voters to accept his own political 
 views (J). 
 
 On the question of how far a meeting composed exclusively of 
 Eoman Catholic clergy of the county was evidence of spiritual 
 intimidation, Fitzgerald, J., said (h): " All I have to do is to pro- 
 nounce upon the legality of it, and I am obliged to say that, however 
 objectionable it may have been, it was a lawful proceeding. . . . 
 The objections to it are that it separates the clergy from the laity ; 
 it exposes the former to the imputation of what is called ' clerical 
 dictation.' It creates jealousy and uneasiness, and lays the founda- 
 tion for the charge of undue influence; and there is this quite 
 
 (») (1892), 4 0. & H. at 132. . (e) (1870), 2 0. & H. U. 
 
 2 /n . if'^^U^-' ™ ^PP^'-'^^J (18'0), (/) Tipperary (1870), 2 0. & H. 31. 
 
 \^Ga^!ifo. , H. 307. Jl '^ ^""^^"'•'^ ^''''^^ ^ «' ^ «■ ^' 
 
126 THE LAW OP PARLIAMENTARY ELECTIONS. 
 
 certain, that it calls upon the judge who may have to determine the 
 validity of the election to view with suspicion, and criticise with 
 vigilance, the course which the clergy may take in the contest." 
 
 Where general undue influence can be proved, it is unnecessary to 
 go further and prove that the result of the election was in fact 
 affected thereby. 
 
 In Drogheda {i), it was argued that where the respondent polled 
 an actual majority of the registered electors, the election could not 
 be avoided on the ground that the electors were prevented from 
 polling by a mob, inasmuch as if they had all polled the result 
 must have been the same. This contention, however, failed. 
 Keogh, J., said : — 
 
 " Take it that a candidate has by the most legitimate means 
 obtained, the votes of nine-tenths of the constituency in his favour, 
 yet it is of vital importance to the public weal that the remaining 
 tenth should be able to record their votes and to express their 
 opinions." 
 
 In the words of Andrews, J., in South Meath (k) : " It is a mistake to 
 suppose that where general undue influence exists, it must be further 
 shown that the result of the election was, in fact, affected thereby. 
 It is enough to show such general undue influence as may be reason- 
 ably believed to have affected the result" (fc). . . .And again, in 
 Nartli. Meath (l) : " I do not agree that undue spiritual influence is, 
 in point of law, subject to exactly the same consideration as undue 
 influence by physical violence. The former is a much more subtle 
 form of influence, and its full effect is much more dif&eult to esti- 
 mate. I think it clear, that if it has prevailed so generally that the 
 result of the election may be reasonably believed to have been 
 affected thereby, the court cannot be called on, before avoiding the 
 election, to determine, as a matter of fact, that if this influence had 
 not existed the result of the election would have been different. 
 From the very nature of the influence in question this could 
 scarcely ever have been done, and, in my opinion, even in the 
 case of undue physical influence of a wide-spread and general 
 character, no such doctrine applies. In the North Durham {m) case, 
 Bramwell, B., speaking of common law intimidation, said that it 
 applied to a case where the intimidation was of such a character, so 
 general and extensive in its operations, that it cannot be said that 
 the polling was a fair representation of the opinion of the consti- 
 tuency; and a little further on in his judgment he said: 'Where 
 it is of such a general character that the result may have been 
 affected, in my judgment it is no part of the duty of a judge to 
 
 (0 (1869), 1 0. & H. 254. (Z) Ibid. 188. 
 
 (70 (1892), 4 0. & H. 141, 142. (m) (1874), 2 0. & H. 156. 
 
UNDUE INFLUENCE. 127 
 
 enter into a kind of scrutiny to see whether possibly, or probably 
 even, or as a matter of conclusion upon the evidence, if that 
 intimidation had not existed the results would have been 
 different. ' " 
 
 Note 2. — The definition of undue influence contained in sect. 2 
 of the Corrupt and Illegal Practices Act, 1883, and which is set 
 out in Article 20, p. 121, above, was substituted for that contained 
 in sect. 5 of the Corrupt Practices Act, 1854, which was repealed 
 by the Act of 1883. It differs only from the repealed section in 
 the addition of the words " temporal or spiritual" before the word 
 "injury" and the omission of the words "in any other manner 
 practise intimidation," and " otherwise interfere with the franchise 
 of any voter." 
 
 Makes use of, or threatens to make use of, any force, violence, or 
 restraint. — In North Norfolk (n), on the question of undue influence, 
 Blackburn, J., after quoting sect. 5 of the Act of 1854, said: "I 
 feel no doubt that where a person, in order to prevent another from 
 voting or to force him to vote, either beats him or threatens injury 
 to his person, or his house, or the like, that is undue influence ; but 
 I do not think it is confined to that. Where such a thing is done 
 and brought home to the agent, according to my view it avoids the 
 election." 
 
 " It is clear," said the same judge, in Stafford (o), " that when- 
 ever intimidation is brought home to the agent it would upset the 
 election, however slight the intimidation might be, provided it be 
 intimidation." It will also avoid the election, although the voter 
 has not, in fact, been intimidated (p). 
 
 Or inflict any . . . temporal or spiritual injury, damage, harm, or 
 loss. — These words include cases where the act complained of is not 
 in itself wrongful, but which comes within the section by reason of 
 its being done in order to induce or compel the voter to vote 
 or refrain from voting, or on account of such person having voted 
 or refrained from voting. Thus they include the case of a 
 landlord giving his tenant notice to quit, or a master by due 
 notice dismissing his servant, provided that it be proved in the one 
 case the tenancy, and in the other the service, was terminated on 
 account of the tenant or servant having voted in a particular way. 
 
 In North Norfolk (q), Blackburn, J., thus explained the law : — 
 
 " Harm or loss within the meaning of the section is not confined 
 to cases where the injury was a wrongful or violent injury. It would 
 apply to cases where, though a person has a perfect right to do it if 
 
 (n) (1869), 1 0. & H. 240. (;;) mn-th-allerton (1869), 1 0. & H. 173. 
 
 (0) P. P. (1869), 120, p. 297. (j) (1869), 1 0. & H.'240— 242. 
 
128 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 he does not do it with the motive of affecting the vote, yet the doing 
 of it does inflict harm upon the other side. . . . Where a tenant 
 holds his land from year to year, and the landlord can at any time 
 give six months' notice to quit, the landlord has a perfect right to 
 choose his tenant, and turn him out ; but if the landlord threatens 
 to inflict, or does inflict, that turning out of his tenant for his vote, 
 that is inflicting harm or loss within the meaning of the Act ; and 
 I think that sort of thing was intended to be struck at by the 
 statute. So, where a person employs a servant, and the servant 
 is continuing in his employment, and would in all probability 
 continue so in the ordinary course of things, the master may 
 dismiss him at pleasure, giving him proper notice, and commits no 
 wrong in doing so ; but if he does it on account of the vote and for 
 the purpose of coercing the voter, the statute intends, I think, to 
 make that an infliction of loss which was to be punished. 
 
 " In the Westbury (r) case, where it was proved that a manufac- 
 turer had exercised coercion on a large scale in order to force his 
 workpeople to vote, it was held, properly, that it was an infliction of 
 damage or loss which, being proved to be done by an agent, vacated 
 the seat. In the Blackburn (s) and Oldham (t) cases it was rightly 
 held that though the loss and harm to be done to a man is not an 
 illegal harm — not a matter that would be a crime, like treating a 
 man or destroying his property — yet if it be a loss inflicted for the 
 purpose of affecting the vote, it is brought within the statute. 
 
 " Coming now to what may be called precarious loss. Suppose 
 the case of a person who is in the habit, at intervals, of frequent- 
 ing a shop and giving the tradesman some custom — if he chose no 
 longer to give that custom, but to go elsewhere, if he chose to 
 threaten to take away that custom, and go elsewhere, is that a loss 
 or not ? I think if the loss proposed to be inflicted that way were 
 to such an extent and in such a way as would seriously affect the 
 saleable value of the goodwill of the man's business, it would clearly 
 be a loss. The matter must be weighed as a question of degree. 
 It is not to be forgotten that the section enacts that the offence 
 shall be a misdemeanour. It must be remembered, in construing 
 the statute, that it is intended that such an infliction of loss, or 
 such a threatening of infliction of loss, must be so serious that one 
 could direct a jury in a criminal court to find that a person was 
 guilty of misdemeanour." 
 
 Speaking then of mere threats as distinguished from actual loss, 
 he said : — 
 
 "Where an injury has been actually inflicted, the proof is 
 
 00 (1869), 1 0. & H. 50. (i) (1869), 1 0. & H. 161. 
 
 (<) (1869), 1 0. & H. 204. 
 
UNDUE INFLUENCE. 129 
 
 comparatively easy, but where merely a threat has been made, or what 
 is supposed to be a threat, and not acted upon, the point is more 
 difficult to determine. The question would be one of fact. Was 
 this a serious and deliberate threat, meant to affect the vote (though 
 perhaps repented of and not afterwards acted upon), or merely 
 angry words not meaning anything ? When it comes to be a case 
 of what may be called precarious benefit arising from being a cus- 
 tomer or the like, the matter should be made out to such an extent 
 that you might direct a jury upon an indictment to find the prisoner 
 guilty. The maxim ' De minimis non curat lex ' applies to a consider- 
 able extent, and in seeing whether there is undue influence from a 
 threat of some loss, you should see whether the loss is really con- 
 siderable or not, and that the loss is not what a lawyer would call 
 too remote." * 
 
 As to dismissal, partly on political and partly on other grounds, 
 Willes, J., in Blackburn (u), said : — 
 
 "Another question arises as to the dismissal of workmen by 
 ■their masters immediately before a parliamentary election, and 
 that is this : Where an employer has a mixed motive for dismissing 
 his man, where he has a reason for getting rid of him apart from 
 his politics, is the employer bound, in point of law, to abstain from 
 getting rid of him merely because of the general election coming 
 on? Well, I think that in point of law, as an abstract ques- 
 tion, he is not bound to abstain. But I think any sensible man or 
 sound lawyer advising him would say, ' You may do so ; but take 
 ■care how you do so, because, unless you prove clearly that you 
 have a good ground for discharging your servant apart from the 
 political one, it is inevitable that your discharge of him will 
 be imputed to your dislike, not of the man himself, but of his 
 politics.' " 
 
 In the last-mentioned case (u), where shortly before the election 
 workmen were in some instances threatened with discharge and in 
 others actually discharged, it was held on the evidence before the 
 Court that there had been undue influence, and the election was 
 consequently declared void. 
 
 The landlord, like the clergyman, is entitled to make legitimate 
 use of his influence. "I say it is right and becoming," said 
 Keogh, J. (x), " that a landlord should use his influence with his 
 tenants. As long as he does not exercise that influence in an 
 illegitimate manner, no steadier, or safer, or more legitimate 
 influence can be used" (a;). 
 
 (u) (1869), 1 0. & H. 204, 205. (a) Galway (^Bmougk) (1869), 1 0. & 
 
 H. 306. 
 L.E. V 
 
130 THE LAW OF PARLIAMENTARY ELECTIONS, 
 
 As regards the presence of landlords in the polling stations, 
 Fitzgerald, B. (y), in Down, said: "I entertain grave doubts 
 whether this assemblage of landlords at the places where the 
 actual polling of their tenants takes place is either prudent or 
 proper." 
 
 Or threaten. — Threats of "injury, damage, harm or loss," if 
 operative at the time of the election (0), have the same effect as 
 the use of force, violence or restraint, or the actual infliction of 
 such injury, &c. " Unless you can show that the . . . threat is one 
 the force of which is in existence, continuing till the time of the 
 election ; although the . . . threat which has been . . . made may 
 have subjected the parties to penalties, it is not a . . . threat which 
 will avoid the election " (a). 
 
 A threat by a landlord to turn a tenant out of his house is 
 intimidation (a). 
 
 Under the corresponding section (b), now repealed, it was held(c) 
 that a threat of dismissal of workmen was intimidation. Willes, 
 J. (d), said : "It was suggested that some of the workmen left 
 voluntarily. Though in one sense they may have gone voluntarily, 
 they did not go willingly, any more than a man acts willingly, 
 when he voluntarily takes to a small boat in the middle of the 
 ocean when his ship is on fire. There was a compulsion upon 
 these men which they could not resist. ... A man who is sent 
 out to live upon the charity of his fellow workmen, or to go tO' 
 the workhouse with his family, unless he does a particular thing, 
 is intimidated. . . . The words (of sect. 5) are large enough to 
 include every sort of intimidation, every sort of conduct which 
 would operate upon the mind of another, and terrify or alarm 
 him into doing what the person misconducting himself willed, 
 against his own free will." 
 
 It is intimidation within the statute to threaten to give up a. 
 pew in a Nonconformist chapel unless the minister will vote in 
 a particular way (e). 
 
 " A mere attempt on the part of an agent to intimidate a voter, 
 even though it were unsuccessful, would avoid an election" (/). 
 
 Spiritual injury. — These words did not appear in the corresponding 
 sect. 2 of the Act of 1854. As has been stated, however, it was 
 held that independently of statute the election was avoided by undue 
 influence of this kind, apart from any question of whether the 
 
 (?y) Pari. Papers, 260 (1880), p. 12. (i) Ibid, at pp. 51, 52. 
 
 (z) Whuhor (1874), 2 0. & H. 91. (e) Per WiUes, J., in NoHludUHon 
 
 (a) Per Bramwell, B., ilid. 92. (1869), 1 0. & H. 168. 
 
 (*) See Note 2, p. 127, supra. (/) Per WiUee, J., in Northallerton, 
 
 (c) Westhurij (1869), 1 0. & H. 47. (1869), 1 0. & H. 173. 
 
UNDUE INFLUENCE. 131 
 
 candidate or any agent of his were responsible for it. In dealing 
 with this question of spiritual influence at an election, O'Brien J., 
 said in South Meath (g) : — 
 
 " The effect of such influence at all was broadly challenged at 
 the Bar, but whatever might be the view taken at one time of the 
 question of the right of the State to step into the domain of human 
 conscience, and to say that a person should not be influenced who 
 had himself the power of resisting the influence, we must take the 
 law to be settled by the decisions in this country, the principle of 
 which is adopted into the express terms of the statute in making 
 the threat or infliction of spiritual injury undue influence such as 
 V ill void an election, although there was not, before the Longford (h) 
 and the Qalway cases, any trace to be found in the common law 
 of England of any rule other than to leave merely moral agencies to 
 moral correction. Other occasions and facts differing from those 
 which exist in the present case may render it necessary to consider, at 
 a future time, whether the terms of the statute themselves involve 
 the revision in one respect of the rules laid down in the Longford (h) 
 case by making injury not benefit, punishment not reward, 
 that which is the subject of fear instead of hope, alone undue 
 influence. The real principle is not that of intimidation in the 
 proper sense, because the intimidation in the spiritual relation 
 assumes to be for the benefit of the person intimidated ; but it is 
 that of undue influence, which by the common law is allowed to 
 avoid all private acts, and by the rule in the Longford (h) case — and 
 now by the terms of the statute — is applied to the public act of the 
 exercise of the franchise. And I consider it to be a necessary 
 position of the law that what was the effect of undue influence 
 before the statute is the effect still, and that such influence 
 prevailing generally is sufficient to avoid the election without 
 any proof of agency whatever, and that the object of the 
 statute was merely to bring spiritual means into the category of 
 such influence." 
 
 "It is a mistake," said Andrews, J., in a later case (A:), "to 
 suppose that, if such undue influence as consists of the infliction 
 or threat of temporal or spiritual injury is proved to have been 
 committed, it is necessary to prove that any person was in fact 
 thereby prevented from freely exercising his franchise. This class 
 of undue influence is dealt with by the first branch of the 2nd 
 section of the Act of 1883, and it is the use or threat of it in order 
 to affect votes which constitutes the offence. It is only in the cases 
 
 (?) (1892), 4 0. & H. 131, 132. (J) Soiit/i Mcatk (1892), 4 0. & H. at 
 
 (A) (1870) 2 0. & H. 78. 142. 
 
 K 2 
 
132 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 referred to in the second branch of that section — namely, abduction, 
 duress, or any fraudulent device or contrivance — that it is necessary 
 to prove, or enable the court to infer from the evidence, that an 
 elector was thereby impeded or prevented in the free exercise of his 
 franchise." 
 
 Abduction. — As has been pointed out, the first part of the section 
 covers cases of abduction, where force or violence has been used. 
 Cases of abduction without force or violence are covered by the 
 latter part of the section. Thus, in Liclifield (m), where voters 
 were kept out of the way by the devices of an agent of the candidate 
 until it was too late for them to vote, this was held to be a ease of 
 abduction within the statute. 
 
 Fraudulent device or contrivance. — In Gloucester (n) it was admitted 
 by the respondent's party that they issued cards to a large 
 number of voters, similar in shape and appearance to ballot papers, 
 and having a mark on them put opposite to the name of the 
 respondent. It was stated on the cards that if any voter marked 
 his ballot-paper otherwise than in the way in which the card was 
 marked, his vote would be invalidated. It was contended on the 
 part of the petitioners that the issuing of cards like this was an 
 attempt to obtain votes by a fraudulent device, and that it was a 
 contravention of sect. 5 of the Corrupt Practices Prevention 
 Act, 1854. 
 
 Blackburn, J., decided upon the facts that it was not made out 
 that the parties issuing the cards had the fraudulent intention 
 imputed. 
 
 In Do2vn (o) it was proved that one of the principal agents of the 
 respondent stated publicly, on several occasions just before the 
 election, that he had discovered a plan by means of which he 
 would be able to ascertain after the election how each elector had 
 voted ; in fact, that the Ballot Act was a farce. It was also proved 
 that the agent in question ordered at the expense of the respondents, 
 and distributed in the constituency, 10,000 copies of a newspaper 
 containing an account of an interview with the agent, in which it 
 was stated that he had in the presence of eight persons conclusively 
 established his position. 
 
 It was submitted on behalf of the petitioners that this was a 
 fraudulent device within the Act. The learned judges differed, and 
 the election was therefore allowed to stand. 
 
 In Stepney (p) it was proved that, a short time before the polling 
 day, the election agent had caused to be printed, and sent to every 
 
 (m) (1880), P. P. 278, 1880 ; 3 0. & H. (y) (1880), 3 0. & H. 122. 
 
 136. (|,) (1886), 4 0. & H. 55. 
 
 in) (1873), 2 0. & H. 60—61. 
 
UNDUE INFLUENCE BY FRAUDULENT DEVICE. 133 
 
 voter, a card about eight inches long by four inches wide. These 
 cards were coloured yellow, and were headed ' Polling day, &c., from 
 8.0 a.m. to 9.0 p.m. at the ' (here followed the polling 
 
 station of the voter to whom the card was sent, and the name and 
 number on the register of that voter). Then followed the words, 
 ' To secure the return of Mr. T., poll early and mark your voting 
 paper as below.' Then followed a diagram which might be fairly 
 described as a copy of the ballot paper, subject only to this, that 'D.' 
 was printed in very small type, and ' T.' in very large type with a 
 cross against it. Immediately under this diagram were the words, 
 ' Be careful not to sign your voting-paper nor make any other mark 
 except the cross as shown above, or your vote will be lost,' the words 
 ' nor make any other mark ' and ' vote will be lost ' being in con- 
 spicuous capital letters, the rest of the paragraph in small type. 
 The card contained two other paragraphs, one to the effect that it 
 would save time to take the card to the poll, and the other requesting 
 that the card might be delivered to Mr. T.'s agent at the door of the 
 polling station or at the committee room. As to these ' yellow 
 cards,' Denman, J., said in his judgment : — 
 
 " Was the circulation of such a document as the yellow card of 
 itself sufficient to disqualify the petitioner — as having been an act 
 deliberately done by his election agent, in order to trick voters into 
 the belief that their votes would be thrown away if they voted for 
 the respondent ? ... I do not think that it could be held upon the 
 true construction of sect. 2 that, in the absence of any proof that 
 any one or more voters had been prevented or impeded in the free 
 exercise of the franchise by the perusal of such cards, the mere 
 sending of them with the intent that they should have that effect 
 could rightly be held to amount to the offence of undue influence 
 within that section. ... I am unable, therefore, to hold that the 
 distribution of these yellow cards, in the absence of any evidence 
 that anyone was in fact deceived by them, was an act (however 
 objectionable and discreditable to the party who circulated them) 
 which deprives the petitioner of a right to sit for the division in 
 case any vacancy should occur during the present Parliament." 
 
 It should be noticed, as was pointed out by Denman, J., in 
 Stepney (q), that " the section deals with two classes of misconduct, 
 the first consisting of using or threatening to use force &c., or 
 inflicting or threatening to inflict injury, &c., in order (that is to 
 say, with the intent) to induce an elector to vote or refrain from 
 voting ; the second consisting of the successfully impeding or pre- 
 venting the free exercise of the franchise of any elector by abduction, 
 
 (i?) (1886), 4 0. A: H. at :,7. 
 
134 THE LAW OP PARLIAMENTARY ELECTIONS. 
 
 duress, or any fraudulent device or Contrivance ; and that, as regards 
 the latter class of misconduct, there must be proof that some elector 
 or electors had been actually impeded or prevented before it can be 
 held that an offence has been committed." 
 
 Aet. 21. — Personation. 
 
 A person is guilty of personation who at an election for a county or 
 borough, or at a municipal election, applies for a ballot paper in the 
 name of some other person, ivhether that name be that of a person 
 living or dead, or of a fictitious person, or who, having voted once at 
 any such election, applies at the same election for a ballot paper in his 
 own name (?•)■ 
 
 Note 1. — It has been seen that an election will be set aside at 
 common law on the ground of general bribery, general treating, or 
 general undue influence, even though it cannot be traced to the 
 candidate or any agent of his, but there is no such law in regard to 
 general personation. This question was discussed in Belfast (s) ; 
 and Dowse, B., in delivering the judgment of the court, said (t) : — 
 
 " It has been said, and evidence has been given on that basis, that 
 if the personation was general in its nature, it might unseat the 
 member, irrespective of any agency at all. With that view we 
 admitted some evidence in the early part of the case, but it is now 
 perfectly apparent that nothing of the kind can be maintained. It 
 would be impossible, even if such were the law, that thirteen cases 
 of personation out of a constituency of over 8,000, and where there 
 were upwards of 3,500 who voted for the successful candidate, could 
 be said to so infect the whole constituency as to make the election 
 void at common law. But I find no authority that the election 
 would be void at common law in such a case as this. I do find one 
 of the judges (tt) laying down that an election may be void at common 
 law when it is proved that the act of personation was committed 
 with the assent of the member or his agent, and that there was no 
 necessity to rely upon the statute. I think that leaves the case where 
 it was before, and narrows it to the question of agency. I can very 
 well conceive charges of bribery being made. I can conceive a rich 
 man coming into a constituency, or a man supplied with money by 
 other persons, and bribing in such a way a number of people as to 
 lead the mind of the judges to the conclusion that the influence of 
 his money, the hope of one person getting it and the fear of another 
 person missing it, may have such an effect upon the mind of the 
 
 (r) Ballot Act, 1872, s. 24 ; Corrupt (t) lUd. 108, 109. 
 
 Practices Act, 1883, s. 3, Sched. 3, Pt. 2. (w) Willes, J., in Coventry (1869), 1 
 
 («) (1886), 4 0. & H. 105. 0. & H. 105. 
 
PERSONATION. 135 
 
 constituency as to debauch it, and make it impossible that a pure 
 election could be held. 
 
 " I can imagine a case of undue influence, whether it be spiritual 
 influence (as it has been called sometimes) or temporal influence. 
 I can conceive cases of that description placing the constituency in 
 such fear or exciting such hopes, or raising such apprehensions, or 
 working in such a way upon the vivid imagination of a population, 
 as to make it an impure election, if it is proved that such an idea 
 was widely spread ; but I cannot conceive such a thing in the case 
 of personation, because if a dozen people successfully personated a 
 dozen people, the next dozen that came up might have nothing to 
 do with it at all." 
 
 Note 2. — The de'finition of personation given in the above Article is 
 contained in sect. 24 of the Ballot Act, 1872. It is unaffected by the 
 Corrupt Practices Act of 1883 ; but sect. 3 of that Act provides that 
 the expression "corrupt practice" means, amongst other offences, 
 personation as above defined, and by sect. 6 (2) it is made a felony. 
 
 "Personation is a very serious offence; it is not merely a misde- 
 meanour, it is a felony "(x), and it cannot be committed unless there 
 be a corrupt intention. 
 
 "It is thoroughly understood in election law," said Field, J., in 
 Stepney {y), "that, unless there be corruption and a bad mind and 
 intention in personating, it is not an offence. If it is done under 
 an honest belief that the man is properly there for the purpose of 
 voting, it is held in these cases and in other cases {s) analogous that 
 no offence has been committed. Now, on the general principle that 
 personation is a corrupt practice, and is only a bad act against the 
 election law if it is corrupt, it seems to me that we ought to decide 
 here that the first vote is a good vote. ... To suppose that the 
 Legislature ever intended to enact that a man who with perfect 
 honesty, but from a mere blunder as to his rights, gives a vote, and 
 then (believing that he has a right to do so) gives a second vote, 
 he being on the register, on the same day, is to be deemed guilty of 
 felony, is to impute an intention to the Legislature which is absurd, 
 though, if it had said so in absolutely plain words, we must have 
 carried it out. I do not think that that is the intention of the Act ; 
 I think there is still to be added to the offence of personation a 
 corrupt intention, and, where the corrupt intention is absent, the 
 offence of personation cannot have been committed." 
 
 It has accordingly been decided (a) that the offence of personation 
 
 (■/■) Pel' Denman, J., in Stepney (1886), Athlone (1880), 3 O. & H. 57 ; Carrich- 
 
 4 0. &. H. ii. fergm (1880), Parliamentary Papers, 337, 
 
 \ij) (1886), i 0. & H. 40. 1880, p. 34 ; Stepney Dieuion (1886), 4 
 
 if) See Athlom (1880), 3 0. & H. 59. 0. & H. 43. 
 (ff) Gloucester (1873), 2 0. & H. 62 ; 
 
136 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 is not committed by a person who applies for a ballot paper 
 on a second occasion, honestly believing that he is entitled to vote. 
 " When this corrupt practice is shown to be committed by an 
 agent of the sitting member," said Blackburn, J., in Gloucester (b), 
 "not only will the agent be guilty of a felony, but it shall also 
 vacate the election, and forfeit the seat. Of course, this is a very 
 severe penalty on the sitting member, and though in a great many 
 cases I have felt that for a small error on the part of the agent it 
 was rather hard that the sitting member should lose his seat, yet I 
 do think that where he has employed an agent who is capable of 
 doing such a thing as persuading another to fraudulently personate 
 and obtain a vote, knowing he was not entitled to it, he properly 
 enough suffers the penalty of having trusted such a person with the 
 management of his election "(b). 
 
 Art. 22. — False Beclaration respecting Election Expenses. 
 
 The election agent of every candidate must, loithin thirty-five days 
 after the result of the election is declared, transmit to the returning 
 officer a true return respecting election expenses. This return must be 
 in the form contained in the Second Schedule to the Cornipt Practices 
 Act, 1883, or in a similar form, and must contain : (a) a statement oj 
 all payments made by the election agent, together with all bills and 
 receipts ,■ (b) a statement of the amount of personal expenses, ij any, 
 paid by the candidate; (c) a statement of the sums paid to the 
 returning officer for his charges, or, if the amount is in dispute, of the 
 sum claimed and the amount dispioted ; (d) a statement of all other 
 disputed claims of which the election agent is aware ; (e) a statement 
 of all the unpaid claims, if any, of which the election agent is aivare, 
 in respect oftvhich application has been or is about to be made to the 
 High Court ; (f) 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 lohom the same may 
 have been received (c). 
 
 The return must be accompanied by a declaration made by the 
 election agent before a justice of the peace in the form required by the 
 said Act{d). 
 
 Where the candidate has made the return himself as his election 
 agent, a statement of all money, securities, and equivalent of money, 
 paid by the candidate must be substituted in the return required to be 
 transmitted by the election agent for the like statement of money 
 
 (i) (1873), 2 0. & H. at pp. 6-1, 65. (r/) Ibid. s. 33 (2). 
 
 (f) Corrupt i'ractices Act, 1883, s. 33 (1). 
 
FALSE DECLARATION RESPECTING ELECTION EXPENSES. 137 
 
 secmities, and equivalent of money, recnved by the election agent from 
 the candidate ; and the declaration by an election agent respecting 
 election expenses need not be made, and the declaration by the candidate 
 respecting election expenses must be modified as specified in the Second 
 Schedule to the said Act (c)- 
 
 At the same time that the election agent transmits his return 
 respecting election expenses, or tvithin seven clays afterwards, the 
 candidate must transmit to the returning officer a declaration respecting 
 election expenses made by him before a justice of the peace in the fonn 
 given in the Second Schedule to the said Act (rf). 
 
 But ivhere the candidate is out of the United Kingdom at the time 
 when his election agent transmits his return, the candidate may make 
 the necessary declaration within fourteen days after he comes back 
 to the United Kingdom, and must then forthwith transmit the same 
 ill the returning officer (e). 
 
 If in the case of an election for any couiity or borough the said 
 return and declarations arc not transmitted before the expiration of the 
 time limited for the purpose, the candidate may not sit or vote in the 
 House of Commons as member for that county or borough imtil (1) such 
 return and declaration have been transmitted; or (2) the date of the 
 allowance by the court of an authorised excuse for the failure to 
 transmit the same (/). 
 
 A candidate or an election agent {ff) is guilty (1) of con illegal yractice, 
 if he ivithout an authorised excuse fails to comply with the above- 
 mentioned requirements (g) ; and (2) of a)i offence upon conviction 
 ■whereof on indictment he is liable to 2}unishment for wilful or corrupt 
 pi'rjury, if he htoivingly makes the required declaration falsely {h). 
 
 Note 1. — A statement of all payments made by the election agent, 
 together with all bills and receipts. As to when these payments are 
 deemed by the law to begin, see infra, pp. 145, 156 — 160. 
 
 Note 2. — A statement of the amount of personal expenses, if any, 
 paid by the candidate. 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 candi- 
 date, and the reasonable expenses of his living at hotels or elsewhere 
 for the purposes of and in relation to such election (i). 
 
 The candidate at an election may pay any personal expenses 
 incurred by him on account of, or in connection with, or incidental 
 to, such election to an amount not exceeding £100, but any further 
 
 (c) Corrupt Practices Act, 1883, s. {ff) As to position of sub-agent, sec 
 
 33 (3). ibid. ss. 25, 3i. 
 
 {d) Ibid. s. 33 (4). (j) Ibid. s. 33 (6). 
 
 (e) I bid. s. 33 (8). (A) Ibid. s. 33 (7). 
 
 (/) Ibid. a. 33 (5J. (0 Ibid. s. G4. 
 
138 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 personal expenses so incurred by him shall he paid by his election 
 agent (k). 
 
 In Rochester (l) a question was raised as to whether the amount 
 paid by the candidate for the hire of a house during the election 
 ought to be included in the return of election expenses, and Cave, J., 
 said : " With regard to the amount paid for house hire, I am unable 
 to satisfy myself that that is a matter which must be returned as 
 the personal expenses of the candidate ; but ... I am of opinion 
 that under the circumstances of this case we ought to make that an 
 exception under the 23rd section (which gives the Court power to 
 except an innocent act from being an illegal practice). 
 
 Note 3. — 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 dis2nited. The returning officer may, if he think fit, require 
 security to be given for his charges (m). 
 
 The returning officer has two courses open. He may either 
 demand security for his fees or not. 
 
 " Whether the election agent is bound to return the amount 
 where he does not himself pay the sum, but where it is deducted 
 by the returning officer from the deposit of security, is a matter of 
 no great moment ; no harm is done by putting it in, and no Court 
 would for a moment hold that he was wrong in leaving it out. It 
 is a matter of comparatively very little importance indeed, but 
 perhaps on the whole it is best to be on the safe side and to put it 
 in ; but, as I have said, I do not suppose that any evil consequences 
 would result if it happen to be left out " (n). 
 
 Note 4. — A statement of all other disputed claims of lohich the 
 agent is aware. Disputed claims are those which have been sent 
 in within fourteen days after the day on which the candidates 
 returned are declared elected (o), and which the election agent 
 either (1) disputes, or (2) refuses to pay, or (3) fails to pay within 
 twenty-eight days after the day aforesaid {p). 
 
 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 (q). 
 
 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 
 
 (70 Corrupt Practices Act, 1883, s. Judgment, 90. 
 31 (1). («) Corrupt Practices Act, 1883, s. 29 
 
 (Z) (1892), Day's Election Cases, IU3. (2), (3). 
 
 (m) Parliamentary Elections (Returning (j;) I hid. s. 29 (7). 
 
 Officers) Act, 1875, s. 3. (ry) Ihid. s. 29 (8). 
 
 (m) Per Cave, J., in Stepieij Con. Elect. 
 
FALSE DECLARATION RESPECTING ELECTION EXPENSES. 139 
 
 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 (»•). 
 
 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 (s). 
 
 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 (t). 
 
 Note 5. — A statement of all money, securities, and eqidvalent of 
 money received by the election agent from the candidate or any other 
 person for the purpose of expenses incurred or to he incurred on 
 account of or in respect of the conduct or management of the election, 
 with a statement of the name of evert/ person from tvliom the same may 
 have been received. As to what expenses under this head must be 
 included in the return, or, in other words, what is meant by 
 the words " expenses incurred or to be incurred on account of 
 or in respect of the conduct or management of the election," see 
 pp. 156 — 160, infra. 
 
 Note 6. — A candidate or an election agent is guilty of an illegal 
 practice if he icithout an authorised excuse fails to comply loith the 
 above requirements as to the return and declaration respecting election 
 expenses. By sect. 33 of the Corrupt Practices Act, 1883, the Court 
 has power, in certain circumstances, to make an order for allowing 
 an authorised excuse for the failure to transmit such return and 
 ^declaration, or for an error or false statement therein. As to when 
 this power will be exercised, see Article 29, p. 185, infra. 
 
 Art. 23. — Illegal Practice. 
 
 The expression illegal practice includes the following offences : — 
 
 (1) Making or receiving payment or making a contract for payment 
 
 for the purpose of promoting or procuring the election of a candidate at 
 
 any election — (a) on account of the conveyance of the electors to or 
 
 from poll, whether for the hiring of horses or carriages, or for railway 
 
 fares, or othenvise ; or (b) 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 exhibition of any address, bill, or 
 
 notice, unless it is the ordinary business of such elector as an advertising 
 
 agent to exhibit for payment bills and advertisements, and such payment 
 
 to or contract xcith such elector is made in the ordinary course of 
 
 (»•) Corrupt Practices Act, 1 883, s. 21) (9). (0 1 bid. a. 30. 
 
 (*) Ibid. s. 29 (10). 
 
140 THE LAW OF PAKLIAMENTAEY ELECTIONS. 
 
 lusiness ; or (c) on account of any committee room in excess of the 
 number alloued by the Corrupt Practices Act, 1883, Schecltde I. (u). 
 
 (2) Payment of any sum or incurring any expense by a candidate 
 at an election or his election agent, or sub-agent tvithin his district, 
 tchether befwe, during, or after an election, on account of or in respect 
 of the conduct or management of such election, in excess of the maximum 
 specified in the Corrupt Practices Act, 1883, Schedule I. {x). 
 
 (3) Voting at an election by any person who knows that he is prohibited 
 by statute from voting, or inducing or procuring any person to vote at an 
 election knowing that such person is prohibited by statute from voting (y). 
 
 (4) Knowingly publishing, before or during an election, a false state- 
 ment of the withdraival of a candidate at such election,for tlie purpose of 
 promoting or procuring the election of another candidate {z). 
 
 (6) In the case of a candidate, his election agent, or sub-agent 
 within his district, printing, publishing or posting, or causing to be 
 printed, pnMished or posted, any bill, placard, or poster, having 
 reference to an election, ^chich fails to bear iipon the face thereof the 
 name and address of the printer and pidilishcr {a) . 
 
 (6) In the case of a candidate at an election or any agent of his or 
 any other person making any payment, advance, or deposit before, during, 
 or after, an election, in respect of any expenses incurred on account of or 
 in respect of the conduct or management of such election otherwise than 
 by or through the election agent acting in person, or by a sub-agent 
 tcitliin his district, and in the case of any person, payment of any 
 money provided by any person other than the candidate for any of the 
 said expenses, whether as gift, loan, advance, or deposit, to any person 
 other than the candidate or his election agent Q)). 
 
 Provided ahcays that this section shall not apply to — (i.) a tender of 
 security to or payment by the returning officer ; or (ii.) any sum dis- 
 bursed by any person out of his own money for any small expense 
 legally incurred by himself if such sum is not repaid to him ; or 
 (iii.) payment by the candidate of any personal expenses incmred by 
 him on account of or in connection with or incidental to the election, to 
 an amount not exceeding ^'100 (c) ; or (iv.) the payment by any person 
 if authorised in writing by the election agent of any necessaiy ejypenses 
 Jor stationery, piostage, telegrams, and other petty expenses, to a total 
 amount not exceeding that named in the authwity (d). 
 
 (7) In the case of an election agent, or sub-agent within his district, 
 
 piayment — (a) ivithout a judgment or order of a competent Court, or 
 
 leave of the High Court first obtained, of a claim against a candidate or 
 
 his election agent in respect of any expenses incurred on account or 
 
 («) Corrupt Practices Act, 1883, ». 7. («) Ibid. ss. 18. 25. 
 
 i-r) Ibid. ss. 8, 2.-,. (J) I hid. ss. 2."), 28. 
 
 Cy) Jbid. s. 9 (1), (3). (f) J bid. s. 31 (1). 
 
 C--) Ibid. s. U (2), (3). (_,/j Ib/d. a. 31 (3). 
 
ILLEGAL PRACTICE. 141 
 
 in respect of the conduct or management of such election, which is 
 not sent in to the election agent within fourteen days after the day on 
 which the candidates returned are declared elected (d), other than a 
 claim by the returning officer for payment of his charges (e) ,- (b) with- 
 out such leave, of any of the said expenses after twenty-eight days after 
 the day on which the candidates returned are declared elected (f). 
 
 (8) In the case of a candidate or his election agent, failure, tvithout 
 authw'ised excuse, to comply with the requirements of sect. 33 of the 
 said Act as to the return and declaration respecting election expenses (g). 
 
 (9) Making or publishing a false statement of fact in relation to the 
 personal character or conduct of a candidate for the purpose of affecting 
 Ms return, unless the person making or publishing such statement can 
 show that he had remsonable grounds for believing and did believe the 
 statement made by him to be true (h) . 
 
 (10) Any illegal payment, employment, or hiring by a candidate, his 
 election ager\t, or sub-agent within his district, if ^personally guilty 
 thereof (hh). 
 
 Note 1. — The distinction between a corrupt practice and an 
 illegal practice has already been pointed out (i). To constitute a 
 corrupt practice it is essential that there should be a corrupt or 
 wicked motive. " An illegal practice, on the other hand, involves no 
 question of motive, pur-e or otherwise. The only question the Court 
 has to consider is whether there has been a breach of the Act " (j). 
 
 As regards the principle to be applied in dealing with the question 
 whether the act complained of amounts to an illegal practice or not, 
 Pollock, B., in Lichfield (k), said : — 
 
 " I think that no Act of Parliament like this, where there is a 
 doubt in the matter, ought to be so construed as to fetter and to 
 interfere with the undoubted right, the civil and constitutional 
 right of a man, apart from an election, to uphold, and encourage 
 the upholding by others of those political sentiments in which he 
 honestly believes." 
 
 The offences set out under the heading (1) in the above Article 
 
 (d) Ibid. a. 29 (2), (3), (8), (9) ; s. 25. such payment : Hid. s. 29 (6). 
 
 (e) Corrupt Praotioes Act, 1883, (^) Ibid. s. 33 (6). As to the position 
 8. 32(2) ; Returning i Officers Act, 1875, of the sub-agent, see ibid. s. 25. 
 
 s. 4. The claim by the returning officer (A) Corrupt Practices Act, 1895, s. 1. 
 
 may be sent to the election agent within As to liability of candidate for agent's 
 
 twenty-one days after the day on which statement, see Article 16, p. 62, supra, 
 
 the retui'n is made of the persons elected : and Corrupt Practices Act, 1895, s. i, in 
 
 iUd. Appendix II., p. 366, infra. 
 
 (/) Ibid. s. 29 (4), (5) ; s. 25. If, (M) Corrupt Practices Act, 1883, 
 
 however, the election court reports that ss. 21 (2), 25. 
 
 such payment was made without the (i) See p. 70, supra. 
 
 sanction or connivance of the candidate, (j) Per Pollock, B., in ^7aUall (1892), 
 
 his election will not be void nor will he be Judgments, 63. 
 
 sujjieot to any incapacity by reason of Qi) (1895), 5 0. & H. 34. 
 
142 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 are contained in sect. 7 of the Corrupt Practices Act, 1883, and 
 according to the language of this section the payment or receipt of 
 payment or contract mentioned must be " knowingly made in con^ 
 travention of this section." 
 
 In Pontefract (k) counsel for the respondent contended that these 
 •words meant that in order to amount to an illegal practice within 
 the section the payment, &c., must have been made by the person in 
 question knowing that such payment, &c., was illegal. The court 
 was not called upon to decide the point, but appeared to take the 
 view that the words " knowingly made in contravention of this 
 section " merely mean " knowingly made on account of the matters 
 specified in clauses (a), (b), or (c)." 
 
 According to this view the word " knowingly " is superfluous, and 
 it is therefore submitted that the law is correctly stated in the 
 above Article. 
 
 Note 2. — On account of the conveyance of electors to or from the 
 23oU, whether for the hiring of horses or carriages, or for railway fares, 
 or otherwise. Every payment for the conveyance of voters to or from 
 the poll is illegal, except that, in the case of an election for a county 
 where the nature of the county is such that any electors residing 
 therein are unable to reach their polling place without crossing the 
 sea, it is permissible to provide means for conveying such electors 
 by sea to their polling place [1). 
 
 In Southampton (m) it was proved that a Mr. B., who was chair- 
 man of a ward Conservative Association and a member of the 
 respondents' executive committee, had sent a telegram to a man 
 at Winchester asking him to come down and vote, and saying, 
 " Fare all right," and that the man had come and voted, and that 
 Mr. B. had paid his fare. As to this, relief was prayed under 
 sect. 22 of the Corrupt Practices Act, 1883. 
 
 Wright, J., in giving judgment, after stating that the other 
 charges were not made out, said : " Then there remains only the 
 question of the payment of 2s. made by Mr. B. to the witness P. 
 That was a payment admittedly made in direct contravention of 
 the law, and it cannot be too widely known that whoever pays any 
 sum, however small, for the conveyance of a voter to the poll, or 
 from the poll, will thereby avoid and destroy the very election 
 which he wants to forward (m). The only exception is if the 
 election in other respects is proved to have been absolutely 
 faultless ; and if a Court, like this Court, comes to the conclusion 
 that a particular offence was ' of a trivial, unimportant, and limited 
 
 (Ji) (1893), Day's Election Cases, 62—63. (m) (1895), 5 0. & H. 20. 
 
 (0 Corrupt Practices Act, 1883, =. -IS. {n) Corrupt Practices Act, 1883, s. 7. 
 
ILLEGAL PRACTICE. 143 
 
 character ' we have power to relieve. The question here will be 
 whether we have such power." 
 
 In the result the Court declared the election of one candidate 
 void and the election of the other good. 
 
 In Lichfield (o) it was proved that certain payments had been 
 made on behalf of the respondent in respect of the stabling and 
 baiting of horses sent from a distance for the purpose of conveying 
 voters to the poll. Counsel for the respondent admitted this, but 
 contended that the payment for stabling and baiting was not an 
 illegal payment within sect. 7, and that if the mere payment for 
 the baiting was an illegal payment, any gentleman who lent his 
 carriage and paid his coachman's wages, and then gave the latter 
 something extra foii his dinner or putting up for the night, might 
 be equally regarded as an offender against the law. He further 
 argued that if the contention of the petitioners was correct, it made 
 it practically impossible for any vehicles whatever to be sent from 
 a distance overnight, so as to be ready for the poll in the morning, 
 because no provision could be made for them by anybody, not even by 
 their owner. In that case the horses must stand in the road all night. 
 
 As to this, Pollock, B., in giving judgment, said : " I think 
 it is impossible to say that when there has been a systematic 
 arrangement, by which vehicles shall be got within range of 
 the poll, and where the distance is such that they must come 
 there overnight, and possibly leave next day, baiting should 
 be provided for them ; I think it is impossible to say that such 
 a payment for baiting is not a payment ' made on account of 
 the conveyance of electors to or from the poll.' . . . Whether, 
 if a case arose in which a gentleman paid money for the 
 baiting of his own horses under some peculiar circumstances, 
 whether, when that case did arise, a different conclusion could be 
 arrived at with regard to the facts, it is unnecessary here to say. 
 My decision is based upon the understanding that the matter was 
 systematic, and, if systematic, I cannot have a doubt that it is 
 within the meaning and intention of the Legislature. I will not go 
 beyond the figures in this case. If it should be that some forty or 
 fifty vehicles are to be sent to a district, and that the baiting of 
 the horses and the feeding and putting up of the drivers must be 
 provided for and money must be paid for it, then it is quite clear 
 to me that this matter is as much included in the intention of the 
 Legislature as the hiring of the vehicle itself." 
 
 Bruce, J. (p), said : " It is not necessary to consider the question 
 whether there would have been anything illegal in the friends of the 
 candidate putting up vehicles, horses, and men gratuitously ; but I 
 
 (o) (1895), 5 0. & H. 30. dj/) Ibid. 31. 
 
144 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 ■entertain no doubt that a payment made to procure such accom- 
 modation as is necessary to render the vehicles available for the 
 conveyance of electors to or from the poll is a payment within the 
 meaning of the section " {q). 
 
 Note 3. — 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 exhibition of any address, bill, or notice. In 
 Pontefract (r), a charge of illegal practice under this sub-section was 
 made in respect of certain boards covered with placards which were 
 placed outside the doors of the houses of various electors. The facts 
 sufficiently appear from the judgment of Hawkins, J., who said: — 
 
 " This section evidently was framed in order to meet the West- 
 minster ease(s), where bribery was charged in respect of certain 
 boards which had been exhibited at certain public-houses and 
 other places for hire. With reference to the boards in this case it 
 was admitted that there were a great many, covered with placards, 
 placed outside the doors of the houses of various electors. But 
 that alone is not an illegal practice within the meaning of the 
 statute. The statute requires, to make it an illegal thing, that 
 there should be a .contract for the hiring of the right to exhibit 
 such boards. There is not evidence of any such contract ; although 
 it is perfectly true that two or three witnesses, having exhibited 
 boards, had afterwards converted them to their own use. I think 
 the very fact that most of the boards were collected after the 
 election was over, by those who had given them out for exhibition, 
 affords cogent support to the view I have taken. I think there is 
 nothing whatever in that charge." 
 
 Where it is the ordinary business of an 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, is not to be deemed an illegal practice (t). 
 
 Note 4. — On account of any committee-room in excess of the 
 number alloived by the Corrupt Practices Act, 1883, Schedule I. As 
 to the number allowed, see p. 60, supra. 
 
 Note 5. — In the case of a candidate, his election-agent, or sub- 
 agent, payment of any sum or incurring any expense, whether before, 
 during, or after an election, on account of or in respect of the conduct 
 or management of such election in excess of the maximum specified in the 
 Corrupt Practices Act, 1883, Schedule I. (u). In the section of the Act 
 which deals with this matter it is provided that the candidate, or 
 
 (?) Per Bruce, J., in LicJiJield (1895), 5 (s) 1 0. & H. 90. 
 
 O. & H. at p. 31. (i) Corrupt Practices Act, 1883, s. 7 (3). 
 
 (r) (1893), Day's Election Cases. 126,127. (a) Ibid. s. 8. 
 
ILLEGAL PRACTICE, WHAT IS. 145 
 
 election agent, or sub-agent, who knowingly acts in contravention 
 of the section is guilty of an illegal practice. It is, however, 
 submitted, for the reasons set out on pp. 141, 142, supra, that 
 these words are surplusage. 
 
 It will be noticed that not only paying but incurring expenses is 
 prohibited by this section. 
 
 By sect. 63 a candidate means " 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 dissolution or vacancy in consequence of 
 which such writ has been issued." 
 
 In Rochester (u) counsel submitted that under the above section 
 the respondent was not " a candidate " until after the dissolution, 
 and that the issue of the writ and the expenses incurred by him 
 before that time could not be included in the election expenses. 
 As to this Cave, J., said (v) : — 
 
 "When a man begins to incur expenses with regard to an election, 
 there is nothing to prevent his appointing an election agent. In 
 some cases canvassers are set to work, and committees are formed, 
 long before dissolution, or the issue of the writ. If those expenses 
 are not to be returned as election expenses, the words of the Act as 
 to the maximum amount of expenditure are set at nought." 
 
 See further, as to when election expenses begin, pp. 147, 157 — 160, 
 infra. 
 
 The following expenses may be legally incurred (x) : — 
 
 (1) Expenses in the employment of the persons mentioned in 
 Article 11, p. 53, supra ; 
 
 (2) Sums paid to the returning officer for his charges not exceed- 
 ing the amount authorised by the Parliamentary Elections (Keturn- 
 ing Officers) Act, 1875 ; 
 
 (3) The personal expenses of the candidate : see pp. 137, 138, 
 supra ; 
 
 (4) The expenses of printing and advertising and the expenses 
 of publishing, issuing, and distributing addresses and notices. In 
 Barrow-in-Furness (y) it was held that addresses and notices cover 
 bills; 
 
 (5) The expenses of stationery, messages, postage, and telegrams ; 
 
 (6) The expenses of holding public meetings ; 
 
 (7) In a borough the expenses of one committee room, and if the 
 
 (m) (1892), 4 0. & H. 157. 0/) (1886), 4 0. & H. 78 ; cf. Stejineij, 
 
 (.1)) Ibid. : ijirf. 52, 5i, 55, where the Court difEered on 
 
 (a;) Corrupt Practices Act, 1883, this question. 
 Schedule 1, Pts. 1—3. 
 
 L.E. L 
 
.146 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 number ot electors exceeds 500, one for every complete 500 electors, 
 and one for any number over 500 ; in a county the expenses of a 
 central committee room, and of one for each polling district, and if 
 the number of electors in a polling district exceeds 500, of one for 
 every complete 500 electors over and above the first 500 ; 
 
 (8) Expenses in miscellaneous matters other than those mentioned 
 above not exceeding £200. 
 
 The amount -which may be legally incurred for expenses, other 
 than personal expenses, sums paid to the returning officer for his 
 charges, and sums paid for the conveyance of voters by the sea to 
 the poll (a), shall not exceed in the whole the maximum amount in 
 the scale following : — 
 
 (1) In a borough, or division of a borough : — 
 
 If the number of electors on the The maximum amount shall 
 
 register does not exceed be — 
 
 2,000 £350. 
 
 Exceeds 2,000 £380. 
 
 And an additional £30 for every complete 1,000 electors above 2,000. 
 
 In Ireland : The maximum amount shall be — 
 If the number of electors 
 
 on the register does not 
 
 exceed 500 £200. 
 
 Exceeds 500 but does not exceed 
 
 1,000 £250. 
 
 Exceeds 1,000, but does not 
 
 exceed 1,500 £275. 
 
 (2) In a county, or division of a county : — 
 
 If the number of electors on The maximum amount shall be — 
 the register does not exceed 
 
 2,000 £650 in England and Scotland 
 
 and £500 in Ireland. 
 
 Exceeds 2,000 £710 in England and Scotland 
 
 and £540 in Ireland. 
 And an additional £60 in England and Scotland, and £40 in 
 Ireland, for every complete 1,000 electors above 2,000 (b). 
 
 Where there are two or more joint candidates at an election, the 
 maximum amount of expenses mentioned under the above heads 
 shall for each of such joint candidates be reduced by one-fourth, or 
 if there are more than two joint candidates by one-third (c). 
 
 (as) Corrupt Practices Act, 1883, s. 48. (c) Corrupt Practices Act, Schedule 1, 
 
 (6) Ibid. Schedule 1, Pt. 4 (3) ; Pedis- Pt. 5 (3). 
 tnbution of Seats Act, 1885. 
 
ILLEGAL PRACTICE, WHAT IS. 147 
 
 Where (1) the same election agent is appointed by or on behalf 
 of two or more candidates at an election; or (2) two or more 
 candidates by themselves or any agent or agents (i.) hire or use the 
 same committee room for such election, or (ii.) employ or use the 
 services of the same sub-agent, clerks, messengers, or polling agents, 
 at such election, or (iii.) publish a joint address or joint circular or 
 notice at such election; such candidates are joint candidates at such 
 election : but the employment and use of the same committee room, 
 sub-agent, clerk, messenger, or polling agent, if accidental or casual, 
 or of a trivial or unimportant character, shall not of itself constitute 
 persons joint candidates {y). There is nothing to prevent candidates 
 from ceasing to be joint candidates (y). 
 
 Expenses before candidature need not he returned {z). — " To my 
 mind," said Cave, J., in Norwich (a), "there is a great distinction 
 between the expense of getting a candidate and the expense of pro- 
 moting his election after you have got him. If the primary and direct 
 and real object is to get a candidate,! think that the expenses incurred 
 in so doing are not within the Act, although indirectly they may 
 promote the interests of the party. If the nominal object is 
 to get a candidate, but the real object is to promote the elec- 
 tion of the individual candidate, then I should say it would be 
 within the Act." 
 
 In the same case, Denman, J., said (a): " According to my view, 
 these expenses for the meeting were not really in substance expenses 
 incurred in the conduct or management of that election ; they were 
 expenses incurred in order to induce a particular person to become 
 a candidate, and the two things are, in my judgment, totally distinct. 
 I think, therefore, that, until the respondent had consented to 
 become a candidate, the payment was not a payment on his behalf." 
 
 Whether expenses of public meetings and political lectures are election 
 expenses. — As to the question whether the expenses of public 
 meetings and political lectures are election expenses, and therefore 
 ought to be included in the return, the judgment of the Court in 
 Haggerston (b) showed that this is a question of fact which must 
 always depend on the particular circumstances of each case. If the 
 meeting in question was called with the direct object of advancing 
 the election of the candidate, and not merely for the purpose of 
 advancing political principles, then the expenses of the meeting 
 would be election expenses. 
 
 In the case just mentioned the election took place on July 17, 1895. 
 The respondent admitted that he became a candidate on November 17, 
 
 (j/) Corrupt Practices Act, 1883, Sohed,. (a) IMd. 86. 
 1, Pt. 5 (4). (J) (18'.)l0, 5 0. & H. 72. 
 
 (--) Nm-mch (1886), 4 0. &H. 84. 
 
 L 2 
 
148 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 1892. The legal maximum of expenses was £500, and the re- 
 spondent returned an expenditure of £319. Expenses had been 
 incurred between 1892 and the date of the election by the Haggerston 
 Unionist Council, of which the respondent was president, in 
 organising meetings and lectures, the payment of officers, and pay- 
 ments on account of illustrated almanacs containing matter in 
 support of the respondent's candidature, pamphlets containing his 
 speeches, pledge cards and portrait cards, &c. It was contended 
 that these expenses were election expenses, and that they would 
 make the respondent's election expenses above the legal maximum. 
 
 As to the expense in respect of the public meetings, Bruce, J. (c), 
 said : — 
 
 " Of course, public meetings cannot be held without expense, but 
 in my opinion the expenses of such meetings are not election 
 expenses, unless the meetings are in some way connected with the 
 election of the candidate. A meeting that is called for general 
 political purposes does not, I think, become an election meeting, 
 merely because a candidate attends it, nor even because some 
 allusions are made to his candidature. Every meeting of any kind 
 that a candidate attends may have the effect of increasing his- 
 popularity and making him better known to the electors, but 
 incidental matters of that kind do not alter the character as regards 
 the expense of the meetings. In each case it must be a question of 
 fact whether the main object of the meeting is to promote the 
 election of the candidate. 
 
 " The lectures in 1893, about which we have heard so much, were,, 
 no doubt, of a political character, but they were lectures to advance 
 political principles ; and I think it would be most mischievous to- 
 hold that the expenses of such lectures should be regarded as 
 election expenses. If a candidate opens a bazaar, or lays a founda- 
 tion stone, or takes the chair at a charity meeting, he may by so 
 doing indirectly tend to promote his election, but the expenses 
 attending such meetings, or the expenses of the candidate attending 
 them, are not to be considered as election expenses. The line must 
 be drawn between meetings called with the direct object of advancing 
 the election of the candidate and meetings called for another object, 
 from attendance at which the candidate only derives some indirect, 
 or remote advantage." 
 
 In the same case {d} Wright, J., laid down the law as follows : — 
 ^ " The giving of lectures for what has here been called the educa- 
 tion of the constituency is not at all necessarily an expense on 
 account of the election, or an election expense. We think it would 
 
 ((■) (1896),'5 0. & H. 72. , (rf) Ibid. 70. 
 
ILLEGAL PRACTICE, WHAT IS. 149 
 
 be unduly confining the methods of political work and political 
 enlightenment in this country, if we were to attempt to lay down 
 any such general rule as that lectures, even though given with a 
 view of advancing the prospects of a particular candidate, are 
 necessarily election expenses ; we think that must depend upon the 
 circumstances of each case." 
 
 As regards the other matters in question Wright, J., said (e) : — 
 
 "The illustrated almanacs containing the matters which they 
 did in support of Mr. L. (the candidate) personally, the pamphlets 
 containing his speeches, certainly the pledge cards, and I think 
 the portrait cards and to some extent the boards, were all matters 
 which were expenditure on account of the election, and, in so far as 
 they ought in law* to have been held to be expenditure made by 
 Mr. L. (the candidate), ought to have been included in his 
 return." 
 
 Expenses of committee room. — In St. George's (/) a question arose 
 as to whether the expenses of using a certain room as a committee 
 room should be included under the head of election expenses. It 
 was proved that the petitioner had taken a house in the con- 
 stituency. He had built at the further end of the yard a room 
 which he had furnished as a club room, and which he had allowed 
 the Eadical Association to use as a club for its meetings, and during 
 the election it was used as a committee room. The petitioner paid 
 all the expenses in connection with the room, and did not include 
 any of them in his return of his election expenses. In giving 
 judgment, Pollock, B., said : — 
 
 " When an election is taking place there must be a committee 
 room somewhere, and that committee room must be hired 
 unless the candidate carries it on in his own house, and there must 
 be the expenses of the rent, coals, gas, cleaning, and so forth, 
 and, but for this club room, they must have gone elsewhere ; it 
 was found more convenient to have this club room, but the people 
 who inhabited it were the people who were workers for the election : 
 therefore it seems to me that these were election expenses. The 
 decision in this case is important, because it is just one of those 
 little things that, until the law is known, may prove a source of 
 difficulty in the minds of persons who are not acquainted with the 
 law, and it is as well that they should know in the future that, 
 unless they make a return of such expenses, they are guilty of a 
 breach of the Act of Parliament." 
 
 Registration exj^enses are not election expenses. — Willes, J., how- 
 ever, in dealing with this question under the old statute (26 Vict. 
 
 (c) (1896), rj 0. & H. 70. (/) (1895), 5 0. & H. 114. 
 
150 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 c. 29, s. 4) in 1869 in Penryn (cj), went no further than to say: "These 
 are expenses which could not, as I read the Act, probably come 
 into a properly framed account, though I should not like to advise 
 anyone to leave them out who was anxious to avoid the penalties 
 of not accounting." 
 
 In more recent years, however, the Court has held that such 
 expenses may be lawfully paid. But if the candidate does expend 
 money in this way, he should be careful to do it in such a way that 
 it cannot be suggested against him that it was really a payment for 
 the purpose of promoting his election. 
 
 "It seems to me," said Vaughan Williams, J., in Stepney (h), 
 " that although registration expenses may lawfully be paid for 
 by the candidate, the candidate is doing a very imprudent and 
 unwise thing, if he chooses to pay those expenses by way of a 
 subscription to an association like this Stepney Conservative 
 Association. It did not confine its operations to registration. 
 . . . They concerned themselves with all sorts of matters other 
 than registration." 
 
 In the same case Cave, J., said (i) : " Unless an election agent 
 can make it quite clear that he has not 'been doing election work 
 under the guise of registration work, he must not be surprised, 
 when his accounts are brought before the election court, if the 
 judges take the view that he has been purposely muddling the 
 two accounts up together, in order that he may escape from the 
 fetters of the Act of Parliament." 
 
 Moneys paid in improving the registration of the constitueneij and 
 in publishing a newspaper are not election expenses. — In Kennington (k) 
 it was proved that the respondent, who was accepted as a candidate 
 for the constituency about eight months before the election, paid 
 almost all the expenses connected with improving the registration 
 of the borough in the interest of himself and his party, the amount 
 being ^£145. It was also proved that in August, three months 
 before the election, the respondent started a newspaper called the 
 Soiith London Standard, which advocated his own political views. 
 The paper was discontinued in January as it did not pay. The 
 respondent paid ^£500 in respect of this paper, and it was argued 
 on behalf of the petitioner that these sums of £145 and i^500 were 
 in reality expenses incurred "in the conduct and management of 
 the election " (l). 
 
 In giving judgment for the respondent. Field, J., said (/) : " The 
 Legislature leaves the different parties in the country to follow their 
 
 (.'/) (I*^fi9), 1 0. & H. 132. (i) (188fi), 4 0. & H. 03. 
 
 ill) (l.Sii2), Day's Election Cases, p. 123. m Ibid. 1)4. 
 
 (0 Ihitl. 118. 
 
ILLEGAL PRACTICE, WHAT IS. 151 
 
 own interests in ascertaining and inducing a revising barrister to say 
 who are and who are not qualified to vote, and I must confess that 
 merely because a person, who is a candidate, looks after his interests 
 to ascertain that no persons but those who are favourable to him are 
 upon the register and are qualified to be on the register, I am quite 
 unable to come to the conclusion that that is an expense on account 
 of the election, or on account of the conduct or management of the 
 election. It is simply a question to me as a juryman to decide, and 
 in this case I shall certainly come to that conclusion. The same 
 observations apply to the South London Standard." 
 
 "I have no doubt whatever," said Field, J. (w), " that the respon- 
 dent would not have published this paper at all, unless he had 
 thought it would assist him. Whether he thought it would be a 
 good speculation pecuniarily, I do not know, but the question is 
 whether it is an expense of conducting or managing the election. 
 It is not for me to say what difficulties might arise if we were to 
 hold that. I have simply to decide whether the case falls within 
 the language and spirit and intention of the Act, and I am very 
 clearly of opinion that in neither of these cases was the respondent 
 guilty of an illegal practice." 
 
 Expenses of conversazione. — In Rochester (m) the respondent had 
 paid for certain expenses in connection with a conversazione given 
 by the Constitutional Association of the borough, and the question 
 for the Court was, inter alia, whether these expenses were election 
 expenses, and therefore expenses which ought to have been included 
 in the return. The facts were as follows : — In May, 1892, it was 
 suggested to the respondent by the Constitutional Association that 
 it would be desirable to give a conversazione. The respondent 
 assented ; a conversazione was held on May 4th and 5th, refresh- 
 ments were provided at a nominal price, and the extra expenses 
 were borne by the Association. The election took place two months 
 later, on July 4th, 1892, and none of these expenses were returned 
 in the respondent's return of expenses. In the result the Court 
 held the election void on the ground of corrupt treating and illegal 
 practices by the respondent's agents. 
 
 Cave, J., said (o) : — " With reference to the conversazione, looking 
 at the time at which it was held, and that it was the obvious inten- 
 tion of those who took part in it to promote the return of the 
 respondent, it seems to me that, if it had been innocent throughout, 
 nevertheless it must necessarily have been returned as a portion of 
 the election expenses of the candidate." 
 
 («0 Q886), 4 0. & H. 94, 95 ; referred («) (1892), 4 0. & H. 158. 
 
 to withVpAval by Pblloct, B., in Zidi- (o) Ibid. 159. 
 
 field {lS9o), 5 0. & H. 33—34. 
 
152 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 It is sometimes a difficult question to say whether expense 
 incurred by an association or individual which undoubtedly is an 
 assistance to the candidate is or is not an election expense. The 
 test appears to be this : Was the expense incurred by the associa- 
 tion or individual an expense incurred for their own ends and their 
 own purposes, or was it one of the ordinary expenses of the candi- 
 date ? In the former case it would not be, in the latter it would be, 
 an election expense. 
 
 This question arose in Stepney (p) in regard to payments made by 
 the Licensed Victuallers' Association, and again in Cockermouth (q), 
 in regard to the expenses of a tea meeting given by the Liberal 
 Unionist Association. In both cases the payments in question were 
 held not to be election expenses. In the former Cave, J., said (p) : — 
 "With regard to the Licensed Victuallers' Association, I see no 
 ground at all for saying that those were election expenses. They 
 appear to have been expenses incurred by them for their own pur- 
 poses. No doubt they were desirous to assist Mr. Isaacson, whom 
 they preferred as a candidate to Mr. Thompson, but it does not 
 follow that because they were desirous of doing that, every expense 
 that they chose to run into would become an election expense. 
 They may have made themselves agents for Mr. Isaacson, so that 
 any corrupt practice traced to them might unseat him : I do not say 
 that it would, because it has not been necessary for us to direct our 
 attention specifically to that point ; but it does not follow that, 
 because that is so, every expense that they resort to thereby 
 becomes an election expense which must be paid by Mr. Isaac- 
 son. If that were so, the fate of a candidate would be very 
 deplorable. He would have no control over persons who chose 
 to say that they were acting in his interest and for his benefit, and 
 would be compelled to pay every expense that they might think fit 
 to incur. No such liability exists, and I do not think the Licensed 
 Victuallers' case was one in which it can be said that the expenses 
 were expenses of conducting the election, and not expenses rather 
 incurred by the association for their own ends, and for their own 
 purposes, quite distinct from Mr. Isaacson's election, although 
 undoubtedly his election was one of the things which they were 
 anxious to secure." 
 
 In Cockermouth, Channell, J., said (r) : — 
 
 " The difference between an act done in the conduct and manage- 
 ment of the election and a thing done merely for the promotion of 
 the success of a particular candidate seems to me to be this: if 
 
 (i-;) (1892), Day's Election Cases. 118, lli). 00 C1901"), 5 0. & H, 158, 
 
 (?) (1901), 5 0. & H. 15«. 
 
ILLEGAL PRACTICE, WHAT IS. 153 
 
 another person pays an expense and that expense is one of the 
 ordinary expenses of the candidate, so that the doing of that by 
 the third person relieves the candidate from part of his election 
 expenses, then the candidate must treat that assistance as given to 
 him in respect of his election expenses, and must treat the expenses 
 as part of his expenses. If he, being merely a person interested for 
 some reason as a Liberal Unionist or any other reason in the success 
 of a particular candidate, chooses to do things on his own account, 
 which do not go to relieve the candidate from any portion of his 
 election expenses, that is not doing anything in reference to ' the 
 conduct or management of the election.' ... No candidate can 
 prevent any people who think they would like him to be elected, 
 because they think him more in accordance with their own special 
 views, either upon vaccination or upon temperance or any of the 
 other things which people have strong opinions about, incurring 
 expenses, printing literature, and doing various things in support of 
 the particular candidature, and none of those things come into the 
 candidate's expenses." 
 
 See further, as to what are election expenses, p. 156, infra. 
 
 The provisions of the Corrupt Practices Act, 1883, prohibiting 
 certain payments and contracts for payments, and the payment of 
 any sum, and the incurring of any expense, in excess of a certain 
 maximum, are not to affect the right of any creditor who, when the 
 contract was made or the expense was incurred, was in ignorance 
 of the same being in contravention of the Act (s). . 
 
 Note 6. — The expression illegal practice includes . . . voting at 
 an election, knowing that the person so voting is prohibited by statute 
 from voting, or inducing or procuring any person to vote at an election 
 knowing that such person is prohibited by statute from voting (t). Under 
 such circumstances the voter is guilty of a misdemeanour (tt). 
 
 In Stepney (u) one of the charges against the election agent was 
 that he had procured persons who were disqualified to vote. 
 
 As to this, Cave, J., said : " There is no doubt that certain 
 voters who were disqualified, by being employed for pay in the 
 election, did vote, which they ought not to have done. They were, 
 however, called, and said they did not know they were disqualified ; 
 and that is quite possible, as they were persons who could not be 
 expected to study the Act of Parliament. For that reason, how- 
 ever, it is incumbent on the agent who employs them to warn them 
 not to vote. But I come to the conclusion that he did not ' procure ' 
 
 W Corrupt Practices Act, 1883, s. 19. s. 11. 
 
 CO nid. s. 9 (1). («) (1892), 4 0. & H. 178. 
 
 (tt) Representation of People Act, 1867, 
 
154 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 them to vote ; and though I do not think he took enough trouble to 
 prevent them from voting, that would not amount to the offence 
 with which he is charged, and of which, therefore, he must be 
 acquitted." 
 
 In the case of this illegal practice and that referred to in the 
 following note, both of which are dealt with in sect. 9 of the Corrupt' 
 Practices Act, it is expressly provided (r) that the candidate shall not 
 be liable, nor shall his election be avoided, for the illegal practice 
 of his agent other than his election agent or sub-agent. 
 
 Note 7. — Tlie expression illegal practice includes . . . knoivinghj 
 piihlishing before or during an election a false statement of the with- 
 drawal of a candidate at such election, for the purpose of promoting 
 or procunng the election oj- another candidate (w). In the case of this 
 illegal practice, as in the case of that dealt with in the preceding 
 note, a candidate is not liable nor is his election avoided for the 
 act of his agent other than his election agent or sub-agent (x). 
 
 Note 8. — The expression illegal practice includes, . . . in the case 
 of a candidate, his election agent or sub-agent, printing, publishing, or 
 ■posting, or causing to he iirintcd or posted, any bill, placard, or poster, 
 having reference to an election, which fails to bear upon the face 
 thereof the name and address of the printer and publisher [y). In 
 Bettesivorth v. Allingham (yy), the question of what amounted to 
 " printing or causing to be printed," under the corresponding 
 section [14] of the Municipal Elections (Corrupt and Illegal 
 Practices) Act, 1884, was discussed. 
 
 There is no reported case as to the meaning of the words 
 " bill, placard, or poster," but in Barrow-in-Furness {z). Field, J., 
 described the word " bill " as " a very large word indeed." 
 
 In Cockermouth (a) it was proved that the copies of the respon- 
 dent's election address did not bear the printer's name. The 
 address was printed on the back of jphotographs of the respondent, 
 which bore the stamp of the London Stereoscopic Company. 
 Counsel submitted that the candidate's address as sent to the 
 electors was not a bill, placard, or poster within the meaning of 
 sect. 18. Darling, J., said : " I think the matter absolutely trivial. 
 The address bears the stamp of the London Stereoscopic Company. 
 Even if it amounts to a technical breach of the statute, it is a 
 matter in which we should certainly give relief." 
 
 Channell, J., in concurring, said that the section was aimed at 
 
 ('■) Corrupt Practices Act. ISs;), sb. (//) 7J/V. s. is. 
 
 '■' (:^), 25. (,/,/) (1885), L. K. IB Q. B. D. 44. 
 
 («0 Hid. s. 9 (3). (O (IBBG), 4 0. & H. 7ti. 
 
 (.'•) Ibid. s. 9 (3). (rt) (1901), 5 0. & H. 156. 
 
ILLEGAL PRACTICE, WHAT IS. 155 
 
 documents which were anonymous or of doubtful authority, so that 
 the printer might be asked who had authorised him to issue such a 
 document. This was an election address signed by the respondent, 
 and he did not think it came within the section at all. 
 
 As to the meaning of the words " having reference to an 
 election," see pp. 152, 153, supra, 156 — 160, infra. 
 
 Note 9. — The expn'ssion illegal practice includes the following 
 offences : . . . (a) in the case of a candidate at an election, or any agent 
 of his, or any other person, making any payment, advance, or deposit 
 before, during, or after an election in respect of election expenses other- 
 wise than hy or through, the election agent acting in person or by a 
 sub-agent; and (b) -in the case of any person, payment of money 
 provided by any person, other than the candidate, for election expenses, 
 whether as gift, loan, advance, or deposit, to any person other than the 
 candidate or his election agent (b). But the aforesaid provisions shall not 
 apply to — (i.) a tender of security to or payment by the returning officer ; 
 (ii.) any sum disbursed by any person out of his otvn moneji for any 
 small expense legally inc%irred by himself if such sum is not repaid to 
 him(c) ; or (iii.) payment by the candidate of any ]3ersonal expenses 
 incurred by him on account of, or in connection with, or incidental to 
 the election to an amount not exceeding £100 (d); or (iv.) the payment 
 hy any person, if authorised in writing by the election agent, of any 
 necessary expenses for stationery, postage, telegrams, and other petty 
 expenses to a total amount not exceeding that named in the authority (e). 
 The above provisions (a) and (b) are contained in sect. 28 of the 
 Act. By the first all election expenses, with the exception of the 
 expenses referred to under the heads (i.), (ii.), (iii.) and (iv.), must be 
 paid by the election agent, who is thus made responsible for all 
 expenditure in connection with the election ; whilst by the second, 
 all moneys provided by any person other than the candidate are to 
 be paid to the candidate or his election agent. A breach of either 
 of these provisions is an illegal practice. 
 
 It should be noticed that all expenses incurred by any person 
 ifhatevcr, not merely by the election agent, on account of or in 
 respect of the conduct and management of the election, are within 
 the meaning of the provisioiis, and are therefore election expenses 
 which must be included in the return, unless they come under one 
 of the four excepted heads (a) . 
 
 Every payment made by an election agent, whether by himself 
 or a sub-agent, in respect of any expense incurred on account of or 
 
 (i) Corrupt Practices Act, l.sss,s. as. (e) Ibirl. s. 31 (3); Schedule 1, 
 
 {'■) Ibid. Pt. 2 (4). 
 
 {d) Ilnd. s.. 31 0); Schedule 1, („) Jjiswich (ISSG), i 0. ^ H. IS. 
 Vt. •> (2). . , 
 
156 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 in respect of the conduct or management of an election, must, 
 except where less than 40s., be vouched for by a bill stating the 
 particulars and by a receipt (6). 
 
 In Ipsicidi (c) , counsel for the respondent contended that " expenses 
 incurred on account of or in respect of the conduct and management 
 of the election " could only apply to expenses incurred by the per- 
 son who had the conduct and management of the election, that 
 is, by the election agent, and, consequently, that the section did 
 not affect the payment by persons other than the election agent 
 of expenses incurred by themselves. " This view," however, said 
 Cave, J. (d), in giving judgment for the petitioners, " is at once 
 disposed of by the proviso, which exempts from the operation of. 
 the section sums disbursed by any person out of his own money 
 for any small expenses legally incurred by himself; which shows 
 that, but for the proviso, all expenses incurred by any person 
 whatever on account of or in respect of the conduct and manage- 
 ment of the election would be within the clause, and that only such 
 expenses are excepted as are — (1) small ; (2) legal ; (3) incurred by 
 the party paying them himself ; and (4) not repaid to him. . . . 
 The only consistent interpretation of the section is that those 
 expenses which, if incurred by the election agent, must have been 
 returned by him as expenses incurred on account of or in respect 
 of the conduct and management of the election, are equally within 
 the 28th section, whether incurred by the election agent or by 
 any other person. If the expenses incurred by A. B. are such that, 
 if they had been incurred by the election agent, they would have 
 been illegal, they are within the section [28], as is shown by the 
 proviso, and if the expenses incurred by A. B. are such that, if 
 incurred by the election agent, they would have been legal, but 
 must have been returned by him, then also they are within the 
 section, and payment of them by A. B. is an illegal practice, unless 
 they are — (1) small ; (2) legally incurred by A. B. ; (3) paid out of 
 his own money ; and (4) not repaid to him." 
 
 Election expenses. — The words used in the Act are " expenses 
 incurred on account of or in respect of the conduct or management 
 of such election." 
 
 What, then, do these words include ? First, in order to understand 
 their meaning, it is necessary to know when the election begins and 
 when it ends. 
 
 As to the question When does the election begin? the Courts have 
 consistently refused to lay down any definite rule on the point. 
 Each case must be considered with reference to its particular 
 
 (J>) Corrupt Practices Act, 1883, s. (r) (ISSC), i 0. & H. 70. 
 
 29 (1). ill-) Ibid. 73, 74. 
 
ILLEGAL PRACTICE, WHAT IS. 157 
 
 circumstances. The Court will take into consideration the whole 
 of the facts, the nature, extent, and amount of the work done, and 
 of the expenses incurred ; the question how far the operations of 
 the candidate were continuous up to the election or were intermittent ; 
 and, above all, whether the evidence goes to show that eA-ery- 
 thing has been done in good faith, or whether, on the other hand, it 
 shows an attempt to evade the Act. 
 
 "It is impossible to say that only those expenses are to be 
 returned which are incurred after the writ is issued. The time 
 which, in many cases, elapses between the issue of the writ and 
 the day of the election is too short to admit of the necessary 
 preparations being made for conducting the election, and it is. 
 absolutely essential .that preparations of that kind should be begun 
 and expenses should be incurred in anticipation of the issue of the- 
 writ in many instances and before it actually does issue. There is 
 nothing in the Act which forbids expenses being incurred before the 
 issue of the writ, there is nothing in the Act which forbids the 
 candidate to incur such expenses. The Act requires, no doubt, 
 that they shall be paid by the election agent, and so long as they 
 are paid by the election agent it does not require that they shall 
 in all cases be incurred by him, although undoubtedly with regard 
 to some of them it is necessary that they should be "(e). 
 
 " For some reason, good or bad," said Lord Kyllachy in Elgin and 
 Nairn if), "the Legislature has confined the enactment to expenses 
 which can be attributed to the ' conduct and management of the 
 election ' ; and these words, as it seems to me, at least suggest and 
 contemplate an election, which is not in nubibus, but is reasonably 
 imminent. . . . Accordingly, while I think that the Act indicates 
 plainly enough the kind of period which it contemplates, it con- 
 tains nothing in the shape of hard-and-fast definition ; and, that- 
 being so, I apprehend the result is that it is left to us, as election 
 judges, and it becomes our duty, to consider each case with respect, 
 to its own facts, and to say in each case whether or not special 
 circumstances exist requiring us to hold that the election began 
 prior to what I may call the normal period. In considering that 
 question I apprehend we are to have regard to the whole facts — the 
 nature of the work done, and of the expenses incurred ; the extent 
 and amount of that work, and of those expenses ; the question how 
 far the operations of the candidate were continuous up to the- 
 election or were intermittent, taking the shape merely of periodical 
 visits to the constituency. Above all, we are, I apprehend, to have 
 regard to this, whether we have before us evidence of any attempt 
 
 (e) Per Cave, J., in Rochester (1892), (/) (1895), 5 0. & H. 10, 12. 
 
 Judgments, 80. 
 
158 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 to evade the Act — evidence, for example, of profuse expenditure 
 purposely antedated, so as to escape the Act ; or whether, on the 
 other hand, everything appears to have been done in good faith, 
 and in ordinary course, the pre-election operations and pre-election 
 expenditure being on the whole fair and reasonable — that is to say, 
 fair and reasonable having regard to the position of the candidate 
 and the character of the constituency." 
 
 In the same case. Lord McLaren said (g) : — 
 
 " ' Conduct or management of such election ' means a definite 
 election within the knowledge and contemplation of the parties who 
 are engaged in conducting and managing it. . . . Again, there 
 may be a case of an unexpected death vacancy, where an election 
 could not be in the thoughts of the people, until the vacancy 
 ■occurred ; but there may be intermediate cases, and the late 
 general election sufficiently illustrates my meaning — the case 
 where there is a vote in the House of Commons adverse to the 
 Ministry, and where from the moment that vote is announced 
 everyone is looking forward to a dissolution of Parliament, with a 
 view to determining whether the Government of the day is to con- 
 tinue to enjoy the confidence of the country. I should certainly 
 hold that from that time the election had begun in the sense of 
 the sections we are considering. I do not say that it may not have 
 begun at an even earlier period. If, for example, a candidate, not 
 proceeding upon any public and patent facts, but trusting to his 
 ■own political sagacity and looking round the political horizon, 
 thinks that an election is imminent, and proceeds to institute what 
 is called a canvass of the constituency, which he continues without 
 intermission down to the election, it may very well be that in such 
 a case his own judgment as to when it is necessary to attend to his 
 electoral interests shall be taken as fixing the commencement of 
 that particular election. 
 
 " I think I have said enough to indicate that in the view of the 
 ■statute which I adopt, it is impossible to lay down any definite 
 term or to deal with this otherwise than as a question of fact in 
 which the general political history of the period and the conduct of 
 the individual candidate are both to be taken into account." 
 
 In a subsequent case, Pollock, B., said (h), after referring to this 
 judgment : — " I entirely agree with Lord McLaren when he said that 
 what is meant by an election is a definite election within the 
 Jinowledge and contemplation of the parties. . . ." 
 
 "I think," said Hawkins, J., in Walsall (i), " the limit of time to 
 
 0;) C1895), 5 0. & H. 5, G. by Pollock, B., in LiehfieU (1895), 5 0. & 
 
 (/O LichiieU (1895), 5 0. & H. at p. 35. H. p. 36. 
 (0 (1892), 4 0. & H. 125 ; approved 
 
ILLEGAL PRACTICE, WHAT IS. 159 
 
 ■which we ought to apply our minds is a period commencing from 
 the time when it was first known that the respondent announced 
 hie intention to present himself as a candidate for election at the 
 next ensuing election." 
 
 "As soon as a candidate begins to hold meetings in the con- 
 stituency to advance his candidature — in other words, as soon as 
 he begins to take measures to promote the election — the election 
 commences. ... I therefore hold," said Bruce, J., in Lichfield (j), 
 " that the expenses of that meeting, and the expenses incurred after 
 that date to promote Mr. F.'s candidature, were election expenses, 
 and that there was a neglect to comply with the requirements of 
 the statute in not returning those expenses." 
 In Lancaster (k), % year later. Pollock, B., said : — 
 " I must say, with all who have gone before me, in giving judg- 
 ment upon this point, the statute does not state when the election 
 begins. It says many things as to the appointment of an agent 
 and the incurring of election expenses, which might point, with the 
 words ' or management of the election,' to this meaning — that the 
 election did not commence until there was an actual election, and 
 an election agent actually appointed ; but the judges have not 
 accepted that construction. The judges have very properly rejected 
 it, and they have said, ' We can go behind that and start from an 
 earlier date ' ; but still it is entirely a matter, I will not say of dis- 
 cretion, but of sound judgment, to say how far you may go back. 
 . . . Now, I want to say one word about the ease we had before us 
 the other day at Lichfield, because we found there that the election 
 had commenced at some period many weeks, at any rate, before the 
 election itself. But we found that fact because a person who was 
 an absolute stranger to the district, who lived at a distance, but 
 who had a considerable command of money, commenced his con- 
 nection with the district by sending forward an agent, by providing 
 large inordinate sums of money to one or two political institutions 
 and clubs, by running a newspaper, and more than one newspaper, 
 at his own expense, and then, when that had been so for a certain 
 time, coming himself and saying, ' I am your candidate.' I hold, 
 and I should always hold, when a man puts himself in that position, 
 although it may be some time before the election, that he cannot 
 be beard to say that the election has not begun." 
 In the same case (I) Bruce, J., laid down the law as follows : — 
 " No definition and no definite rule can be laid down as to the 
 time when an election begins. The Legislature has not fixed any 
 definite period, and I think it is not for the judges to attempt to 
 
 (,?■) (1895), 5 0. & H. 37, 38. • (0 (189G), 5 0. & H. 50. 51. 
 
 (*) (1896), 5 0. & H. 45, 46. 
 
160 THE L^^^■ OF PARLIAMENTARY ELECTIONS. 
 
 lay down a general definition which the Legislature has carefully 
 avoided doing. I conceive that Lord Kyllachy, in the late Scotch 
 case, Elgin and Nairn (m), laid down the true rule when he 
 said, ' I apprehend that the result is that it is left to us as 
 election judges, and it becomes our duty, to consider each ease 
 with respect to its own facts, and to say in each case whether or 
 not special circumstances exist requiring us to hold that the election 
 began prior to what I may call the normal period ' ; and so Lord 
 McLaren says, ' It is impossible to lay down any definite term or tc* 
 deal with this otherwise than as a question of fact, in which the 
 general political history of the period and the conduct of the 
 individual candidate are both to be taken into account.' And so 
 Hawkins, J., in the Walsall case («), ' The commencement of agency 
 must be determined in each case by the particular circumstances 
 of the case, . . . but the limit of time is not the only question to 
 be considered. Even after a person has become a candidate, he is 
 only liable to return expenses incurred in the conduct or manage- 
 ment of the election. The question of the time of the commence- 
 ment of the candidature is only one element to be considered." 
 
 The second of the heads to which the provisions (a) and (b), set 
 out on p. 155, supra, have no application is contained in the proviso 
 to sect. 28. " By this proviso," said Cave, .J., in Norwich (o), "the 
 section is not deemed to apply to any sum disbursed by any person 
 out of his own money for any small expenses legally incurred by 
 himself. To my mind, the proviso is meant to apply to such small 
 payment as the hire, for instance, of a cab by a canvasser in order 
 to go round canvassing (where no use is made of it for the purpose 
 of taking any voter to the poll), or for telegrams or postage, where 
 the payer is not, and does not intend to be, repaid. It is not 
 intended, to my mind, to apply to so large a sum as ^20, although 
 it might perhaps cover the purchase and distribution of half-a-crown's 
 worth of cartoons, or any small expense of that kind which is not 
 forbidden by the Act, and which a person who is not an agent might, 
 legally incur." 
 
 " Only such expenses," therefore, "are excepted by the proviso as 
 are — (1) small ; (2) legal ; (3) incurred by the party paying them 
 himself ; and (4) not repaid to him " (p). 
 
 Note 10.— The expression illegal ^practice includes . . . making 
 or publishing a false statement of fact in relation to the personal 
 character or conduct of a candidate, for the purpose of affecting his 
 
 («0 (1895), 5 0. & H. 12. (^) Per Cave, J., in IjMvich (1886), i 
 
 (k) (1892), 4 0. ^ H. 125. 0. & H. 73. 
 
 («) (1886), 4 0. & H. Sli. 
 
ILLEGAL PRACTICE, WHAT IS. 161 
 
 election. This offence was created by the Corrupt and Illegal 
 Practices Prevention Act, 1895. "Although the old common law 
 of libel was analogous, this statute created a new offence with 
 regard to election law. Although in some sense it may be said that 
 the words in this section are not so wide as in the common law of 
 libel, in some sense they are wider, and there can be no doubt that 
 words, although they did not impute bad conduct against the 
 candidate, still might come within the meaning of this Act" {p), 
 
 " Any false statement," said Pollock, B., in Sunderland (q), 
 " whether charging dishonesty or merely bringing a man into con- 
 tempt, if it affects, or is calculated to affect, the election, comes 
 within the Act. I would give two illustrations that have occurred 
 to my mind as showing the meaning of this. Some perfectly 
 innocent acts may be done by people, and yet they may come, if 
 they are stated to be done in this way, within the Act. Supposing 
 any gentleman in a county constituency was to say of his adversary 
 that he had shot a fox, and he said it for the purpose of working 
 upon the minds of the constituency during an election, that would 
 certainly come within the meaning of the Act. Again, if any person 
 in a constituency, where one of the members was a temperance man, 
 were to say that he had seen him drinking a glass of sherry — a 
 perfectly innocent act — that would also bring him within the Act." 
 
 " In the present case, if one were not to look beyond the present 
 words, I should say, speaking for myself, that I should consider very 
 carefully before I held that such words as a man paying ' wretched 
 wages,' a man having ' cleverly shelved,' or being ' forced to do ' 
 a particular thing, or having sheltered himself under a ' Eadical 
 shuffle ' were facts which would bring the person who used them 
 within the Act ; but I certainly should not let the man who used 
 these words go scot free unless I had carefully considered all 
 the surrounding circumstances, such as who used them, to whom 
 he used them, the meaning they were supposed to bear, and all the 
 other circumstances of the case" (r). 
 
 In order to come within the Act, four conditions must be fulfilled: — 
 
 (1) There must be a statement of fact as opposed to an expression 
 of opinion. 
 
 " As to what is a statement of fact," said Pollock, B., in the case 
 last cited (?•), "I utterly decline to give anything like a definition. 
 ... In the first place, it is obvious to everybody that a mere argu- 
 mentative statement of the conduct of a public man, although it 
 may be in respect to his private life, is not always, and in many 
 cases certainly would not be, a false statement of fact." This was 
 approved by Buckley, J., in Ellis v. National Union, dr., Association 
 
 {/>) Per Pollock, B., in St. George's (^q) (1896), 5 0. & H. 62. 
 
 (18Uo), 5 0. & H. 104. (V) Sunderland (1895), 5 0. & H. 62, 63. 
 
 L.E. M 
 
162 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 and others (a), who added : " The Act was meant to deal with state- 
 ments of facts as opposed to statements of opinion." " There is 
 one other thing which I am very clear upon," said Pollock, B., in 
 Sunderland (s) , and that is this : that if you quote an article from 
 another paper you make any absolute facts stated in that article a 
 part of your own statement. . . ." 
 
 (2) The statement of fact complained of must be untrue. 
 
 (3) The statement of fact must he in relation to the personal 
 character or conduct of the candidate. 
 
 "It is not an offence," said Darling, J., in Cockermouth{t), "to 
 say something which may be severe about another person, nor 
 which may be unjustifiable, nor which may be derogatory, unless 
 it amounts to a false statement of fact in relation to the personal 
 character or conduct of such candidate ; and I think the Act says 
 that there is a great distinction to be drawn between a false state- 
 ment of fact which affects the personal character or conduct of the 
 candidate, and a false statement of fact which deals with the 
 political position or reputation or action of the candidate. If that 
 were not kept in mind this statute would simply have prohibited at 
 election times all sorts of criticism which was not strictly true 
 relating to the political behaviour and opinions of the candidate. 
 That is why it carefully provides that the false statement, in order 
 to be an illegal practice, must relate to the personal character and 
 personal conduct." 
 
 (4) The statement must be made for the purpose of affecting the 
 election of the candidate. 
 
 But even though these conditions are fulfilled, it will be a defence 
 under sect. 2 of the Act if the person making the statement can 
 prove that he had reasonable grounds for believing, and did believe, 
 the statement made by him to be true. Whether he had such 
 grounds and did so believe is a question of fact, and " in each case 
 it must depend upon the character and nature of the information 
 that is given to him. 
 
 "If a man procured from some stranger in the street a statement 
 that some person he knew had committed a murder or robbery, and 
 he went and promulgated it without any further inquiry, no one 
 could doubt that he would be within the section, and would not be 
 protected. If, on the other hand, he heard that from two or three 
 highly respectable persons, who must know the truth of it, he would 
 be protected "(('). 
 
 By sect. 3 of the Act, any person who shall make or publish any 
 
 (a) (1900), 109 L. T. Journal, 493 ; (Q (1901), 5 0. & H. 159, 160. 
 
 Times, October 3, 1900. (c) Per Pollock, B., in Sunderland 
 
 (s) Per Pollock, B., in Sunderland (1896), 5 0. & H. 65. 
 (1896), 5 0. & H. 62, 63. 
 
ILLEGAL PRACTICE, WHAT IS. 163 
 
 false statement of fact as aforesaid may be restrained by interim or 
 perpetual injunction by the High Court of Justice from any repeti- 
 tion of such false statement or any false statement of a similar 
 character in relation to such candidate, and for the purpose of 
 granting an interim injunction piimd facie proof of the falsity of 
 the statement shall be sufficient. 
 
 The provisions of sect. 2 (i-) apparently only apply to criminal or 
 quasi criminal proceedings in respect of the illegal practice, and do 
 not apply to an application for an injunction. 
 
 By sect. 4 a candidate shall not be liable, nor subject to any 
 incapacity, nor shall his election be avoided, for any illegal practice 
 under this Act committed by his agent other than his election 
 agent, unless it can be shown that the candidate or his election 
 agent has authorised or consented (iv) to the committing of such 
 illegal practice by such other agent, or has paid for the circulation 
 of the false statement constituting the illegal practice, or unless 
 upon the hearing of an election petition the election court shall find 
 and report that the election of such candidate was procured or 
 materially assisted in consequence of the making or publishing of 
 such false statements. 
 
 The following cases have been decided under the Act. 
 
 In St. George's {x) the statements complained of were contained 
 in a pamphlet, and in giving judgment, Bruce, J., said : " There is 
 no doubt that the pamphlet in question is within the mischief of 
 the Act of Parliament. The printing and circulating of a document 
 stating that the candidate has been guilty of lying, cowardice, and 
 bribery, pointing at the same time to specific statements, which are 
 alleged to be the lies of which he has been guilty, and suggesting 
 circumstances which showed that, although he was himself the 
 source of lies, he did not dare to promulgate the lies in his own 
 name, but used as his instrument a man who was his lodger, is to 
 my mind the publishing of false statements of fact in relation to 
 the personal character or conduct of the candidate ; and if such state- 
 ments are false, they clearly fall within the Act. In my opinion 
 the pamphlet in question is just the kind of print the publication 
 of which the Legislature intended to visit with severe penalties." 
 
 In Silver v. Benn (b) a case was stated by a police-court magis- 
 trate. The alleged false statements appeared in certain local papers 
 of which the appellant was the editor. They were headed " Foul 
 Play " and " Hitting below the Belt," and asserted that there was a 
 very dark passage in the life of one of the candidates, naming him, and 
 that there was a skeleton in his cupboard which might be exposed. 
 
 (v) See the sections of the Act set out («) (1895) 5 0. & H. 106. 
 
 in full on pp. 365—366, i7ifra. (J) (1896), 12 T. L. E. 199. 
 
 (w) See Sunderland (1896), 5 0. & H. 67. 
 
 M 2 
 
164 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 The magistrate found that these statements had been published with 
 the intention of defaming the candidate in question, that they would 
 naturally be understood as imputing discreditable conduct to him, 
 and had been published maliciously, and he fined the appellant £10. 
 
 Counsel sought to show that the appellant was excused, under 
 sect. 2 of the Act, on the ground that he believed in the truth of 
 that which he intended to say. 
 
 The Court, in dismissing the appeal, said that the passage clearly 
 imputed to the candidate something that was discreditable, and 
 that the appellant had been guilty of a gross breach of the statute. 
 
 In Bayley v. Edmunds and others (c) a paragraph appeared in a 
 local newspaper to the effect that the Liberal candidate, who was 
 a colliery proprietor, had locked his men out of their pits for six 
 weeks, till stocks were cleared out, and coal had reached a fabulous 
 price. " Then," continued the paragraph, " the late member for 
 Chesterfield found his ' conscience ' would not allow him to starve the 
 poor miner any longer." The defendants reprinted this paragraph in 
 the form of a leaflet, and distributed it among the electors. The Court 
 of Appeal held that this statement was derogatory to the plaintiff's 
 personal character, and therefore within the Act ; that it was 
 published for the purpose of injuring the plaintiff in the election; 
 and, as no attempt was made to prove the charge true, an injunc- 
 tion was granted to restrain the further publication of the leaflet 
 "until the trial of the action, or the election, whichever happens first." 
 
 In Sunderland {d) a parliamentary candidate caused to be printed 
 and circulated throughout the constituency a leaflet, headed "Elec- 
 tion Facts and Fictions," in which he accused his opponent, who- 
 Avas an employer of labour, of paying his men ' wretched wages,' 
 commented on ' the remarkable differences between his practice in 
 dealing with men in his own employ and his precepts when preach- 
 ing to the employes of other people' ; and asserted that he ' meanly 
 took advantage of a slander against his opponent,' ' sheltered him- 
 self under a Eadical shuffle ' ; that such conduct was ' hitting 
 below the belt,' &c. Pollock, B., held that these statements were 
 not ' statements of fact ' in the sense in which those words were 
 intended by the Act. 
 
 In Ellis V. National Union, dc, Association and others (e), during 
 the parliamentary election of 1900, a candidate published a poster, 
 in which he alleged falsely that his opponent was one of a band of 
 ' Eadical traitors,' ' who are always found on the side of Britain's 
 enemies, and who were during the summer of 1899 in correspondence 
 with the Boers.' Buckley, J., held that these were not statements 
 of fact within the meaning of the Act. 
 
 (c) (1895), H T. L. E. 537. («) (1900), 109 L. T. Journal, 493 ; 
 
 (rf) (1896), 5 0. & H. 53. Times, Octobei- 3, 1900. 
 
ILLEGAL PAYMKNT, 1G5 
 
 Art. 24. — Illegal Payment. 
 
 A person is guilty of illegal payment ivho .- — 
 
 (1) Knotvingly provides money for any payment contrary to the 
 provisions of the Corrupt Practices Act, 1883, or for any expenses 
 incurred in excess of any maximum amount allowed hy the said Act, or 
 for replacing any money expended in any such payment or expenses, 
 except tohere the same may previously have been alloioed as an 
 exception (/) ; 
 
 (2) Corruptly induces or i^rocures any otlicr person to aithdraw 
 from being a candidate at an election in conside^'ation of any payment 
 or promise of paymeivt, or so withdraws in pursiiamc of such induce- 
 ment or procurement (g) : 
 
 (3) Pays or receives payment or contracts for j^ayment, before, during, 
 or after an election, for the pii,rpose of promoting or pirocuring the elec- 
 tion of a candidate at any election, on account of bands of music, torches, 
 flags, banners, cockades, ribbons or other marks of distinction (li). 
 
 Note 1. — Knowingly provides money for any payment contrary to 
 the provisions of the Corrupt Practices Act, 1883, or for any expenses 
 incurred in excess of any maximum amount allowed by the said Art, or 
 for replacing any money expended in any such payment or expenses, 
 except where the same may previously have been allowed as an 
 exception. The expression ' payment ' includes any pecuniary 
 or other reward (i). Thus refreshments, even if they only consist 
 of a pork pie, a sandwich, and a cup of coffee, may be payment (?). 
 As to the maximum amount allowed, see p. 146, supra. 
 
 Note 2. — Corruptly induces or p)rocures any other pierson to with- 
 draw from being a candidate at an election in consideration of any 
 payment or promise of payment, or so withdraivs in pursuance of such 
 inducement or p>rocurement. 'A candidate at an election' means 
 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 dissolution 
 or vacancy in consequence of ^Yhich such writ has been issued {I). 
 
 Note 3. — Pays or receives payment or contracts for 2Myment, before , 
 during, or after an election, for the piurpose of promoting or jn-ocvr- 
 ing the election of a candidate at any election, on account of bands of 
 music, torches, banners, cockades, ribbons or other marks of distinction. 
 
 (/) Corrupt Practices Act, 1883, s. 13. (i) Barrow-iit-Fiinim (1886), i 0. &H. 
 
 (,17) Ihid. s. 15. 80—82. 
 
 (A) Ibiil. s. 1(1. (0 Corrupt Practices Act, 1883, s. Gl. 
 ■ (iyUid. s. 64. 
 
166 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 In order to rightly understand the object of this provision, it is 
 necessary to some extent to consider the history of this branch of 
 the law. " I should like," said Pollock, B., in Walsall (n), "to refer 
 shortly to what was the law, and the spirit of the law, upon this 
 matter. This is no new thing, because as far back as 1854, the 
 17 & 18 Vict. c. 102, s. 7, provides this : ' No candidate before, 
 during, or after any election shall, in regard to such election, by him- 
 self or his agent, directly or indirectly, give or provide to or for any 
 person having a vote at such election, or to or for any inhabitant of 
 the county, city or borough, or place for which such election is had, 
 any cockade, ribbon or mark of distinction.' There you have the 
 Legislature denoting that they will discourage, by penalty, any mark 
 of distinction, and for an obvious reason (o). It is not because a 
 ribbon is blue, or any other colour, or because a cockade is more or 
 less showy, that it is objectionable ; it is because it is a party badge. 
 Everyone who knows anything of the history of elections knows 
 that whatever may be the virtue of the people, if they are got 
 together in the spirit that they are banded against each other, and 
 that banding against each other is encouraged by marks of dis- 
 tinction, you will always have more or less disturbance according as 
 that spirit is encouraged. That being so, when the more recent A-Ct 
 was passed, the Legislature endeavoured to extinguish this mischief 
 by preventing, not only the ordering of such badges, or the wearing 
 of them, but the paying for them by the candidate or his agent." 
 
 In WalsaU{p) 2,000 cards bearing the respondent's portrait and the 
 words 'We're bound to win,' 'Play up Swifts,' 'Vote for James,' 
 and 2,000 similar on stout paper, were printed by the printer who 
 was employed by the respondent in the respondent's colours. They 
 were described as cards for hats, and were made for that purpose, 
 and were in fact largely worn in the hats of the respondent's sup- 
 porters. They were ordered by the secretary of the Licensed 
 Victuallers' Association, but were charged to the ' election 
 account,' and were paid for by the election agent. The respon- 
 dent and his agent admitted that they knew of the use of and 
 payment for the cards, but relief was asked in respect of them 
 under sect. 23 of the Corrupt and Illegal Practices Prevention Act, 
 1883, on the ground of inadvertence. 
 
 The Court held the election void, on the ground that the use of 
 the hat cards was an illegal practice, from the consequences of 
 which it would not be right to relieve the respondent. 
 
 "The cards which were printed," said Pollock, B. {q), " were not 
 
 (rt) (1SU2), Day's Election Cases, 110— juixt, p. 170. 
 111. OO (l.sii2). 4 0. & H. 126. 
 
 " 00 Butseethc reason given by Cave, J., (^) n'ldsuU (,\S'J-2), 4 0. & H. 127, 128. 
 
ILLEGAL PAYMENT. 167 
 
 merely the card of invitation as of old, but bore the photographic 
 likeness of the candidate and words of invitation and encourage- 
 ment to fight for him. In themselves they cannot be found fault 
 with as being within the Act of Parliament under the words ' marks 
 of distinction,' and so long as cards alone are used there could be 
 no objection. I may even go further, and say that sometimes the 
 cards may be put in a man's coat or fixed to the outside of his hat, 
 and yet not necessarily be ' marks of distinction.' But if the card is 
 made specially adaptable to place in the hat, as these cards were in 
 fact, and if they were used for that purpose, then after being 
 ordered, having been used, and having been so described in the 
 account, the person who pays that account pays it knowing what it 
 is. . . . The Legislature has decided to prohibit any marks of dis- 
 tinction and any party badge from being supplied and paid for by 
 candidates or their agents." 
 
 Hawkins, J., said (r) : " There is no doubt at all that these cards 
 vieve intended to be worn, and were in fact worn, in the hats of many 
 of the partisans of Mr. J., on the day of the election. The cost of 
 these cards was included by the election agent, Mr. J., in his 
 accounts, who most frankly told us that he knew they had been so 
 used. That these cards were ' marks of distinction,' I cannot entertain 
 a doubt ; they were worn to mark the partisanship of the wearer 
 with the candidate whose portrait was depicted upon it, and to 
 invite and enlist others to join in the same cause. In truth, 
 they were intended to serve the purpose of cockades, and the only 
 real difference between the cards and cockades is that cockades 
 were worn on or about the level of the crown of the hat, whereas 
 the cards were worn in the hat-band. Worn as cockades are worn, 
 it would be difficult to say they were not actually cockades ; at least, 
 they were marks of distinction. . . . There were 4,000 cards paid 
 for, many of which had been used during the election in flagrant 
 disobedience of the law. . . . For this illegal practice relating to 
 the hat cards, from which the candidate has not been relieved, I 
 think this election must be declared void." 
 
 In Pontefract (s) a question arose as to whether certain yellow 
 cards which had been extensively worn were marks of distinction. 
 The Court did not agree as to whether these cards were marks of 
 distinction or not, and Hawkins, J., said : " I wish to correct an 
 erroneous impression which may exist with regard to the decision 
 in the Walsall petition. The cards in use at Walsall were obviously 
 marks of distinction, and I may add that I came also to the con- 
 clusion that they were simply cockades in another form. They were 
 
 00 Ibid. Day's Election Cases, 114, 11 J. (■-) (1803), 200, 201. 
 
168 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 purposely made to be worn in the hat, they were ordered for that pur- 
 pose, and were so used and worn in the presence of those who were 
 undoubtedly agents for the sitting member, and were paid for with 
 the knowledge of the use to which they were put. Under those circum- 
 stances it was absolutely impossible not to say that the payment for 
 those cards was an illegal payment, whether they are called cockades, 
 or whether they are denominated only as marks of distinction." 
 
 In the East Clare petition a question arose as to whether 
 canvassing cards, that is, cards inviting the recipient to vote, were 
 marks of distinction within the meaning of sect. 16. It was proved 
 that these cards had been largely worn in the hats of the 
 respondent's supporters. O'Brien, J., said (u) : " The cards, in my 
 opinion, were not marks of distinction within the meaning of 
 sect. 16 — they were canvassing cards, cards inviting the recipient 
 to vote, and were not intended to be worn or used as badges. The 
 Walsall case (t) expressly declared such cards to be innocent. In 
 my opinion the Walsall case (t) has gone to the extreme verge of 
 the law, and it would be most undesirable to carry it further. No 
 doubt such cards as these might be used as marks of distinction, 
 but what is forbidden by the Act is the use of badges or marks of 
 distinction which are made for the purpose and intended to be used 
 as such. In the Walsall case (t) the cards were expressly described 
 as hat cards, and were adapted for placing in the hat and bore the 
 candidate's portrait; that is not so here. These cards had a 
 different use altogether, and the fact that another use was made 
 of them than that for which they were supplied does not, in my 
 opinion, render them illegal, unless there be some specific evidence 
 from which the Court may draw the inference that such illegal use 
 was intended by those supplying them" (u). 
 
 As to what constitutes ' a banner ' within the meaning of the 
 Act, it was held in Stepney {Borough) {x) that broad strips of canvas 
 with the words ' Isaacson for Stepney ' upon them, which had been 
 paid for by the respondent's election agent, and had been stretched 
 across different streets throughout the constituency, came within 
 this description. 
 
 Cave, J., said {x) : " I am clearly of opinion that these canvas adver- 
 tisements, as they have been called, are banners, and nothing else. 
 In order to get them made they go to a man who describes himself 
 as a ' flag and banner maker ' ; they are described in the bills which 
 are sent in as banners, and if you were to put a stick at each end 
 of the canvas and set two men to carry it along the street, no one 
 could doubt that it would be a banner to all intents and purposes." 
 
 00 Eu!,t Clare (1892), 4 0. & H. 163. («) (1892), 4 0. & H. 179. 
 
 (0 (1892), 4 0. & H. 123. 
 
ILLEGAL PAYMENT. 169 
 
 Vaughan Williams, J., in concurring, said (y) : " My view is 
 this ... if you read the -words of the earlier Act, 17 & 18 Vict. 
 c. 102, s. 7, and remember that the 16th section of the Corrupt and 
 Illegal Practices Act, 1883, does not repeal that section, but only 
 adds to it, I think that one is bound to hold that a banner, to 
 come within the operation of those two sections, must be a banner 
 used as a mark of distinction. 
 
 " I think it is perfectly plain with regard to many of these 
 banners, that they were used as marks of distinction, and, when 
 banners are so used, I do not doubt but that they come within the 
 section and that any payment for them is illegal. Let me give one 
 concrete example of what I mean. Supposing you had a committee 
 room, and from out of the window of that committee room was 
 hung an announcement either in the shape of a flag or in the shape 
 of a banner, to inform j)eople that that room was the committee- 
 room of the candidate, I do not think, or, at all events, I should 
 hesitate much to find, in that case, that the user of that flag or 
 banner was a matter the payment for which would come within this 
 section, because in such a case the flag or banner is not used as a 
 mark of distinction. But in this case it seems to me that the 
 banners were used as marks of distinction, and for that reason I 
 entirely agree with the conclusion of fact at which Mr. Justice Cave 
 has arrived." 
 
 In St. George's (^) it was proved that from 500 to 1,000 portraits 
 of the petitioner had been printed on linen, and had been furnished 
 with a lath at the top and bottom. It was contended that this was 
 done in order that they might be nailed and not pasted to walls ; 
 but there was evidence to show that they had been carried about 
 on sticks by boys and others, and that they had been suspended by 
 strings across streets with the knowledge of the petitioner. There 
 were also strips of linen with the words " Vote for Benn " stretched 
 across some streets in the constituency. The petitioner paid for 
 the portraits and for fitting the laths to them. 
 
 "It is clear to my mind," said Pollock, B. («), " that the words 
 ' marks of distinction ' are not limited to the last two words pre- 
 ceding them, ' cockades and ribbons,' but that flags and banners 
 also may be marks of distinction. That was clearly the opinion of 
 my brother Vaughan Williams (b), when he said he thought a mere 
 Union Jack, or a notice, ' This is the Kadical Committee Eoom,' 
 would not be contrary to the Act, because such a banner would not 
 be used as a mark of distinction; and therefore I think that a 
 banner, or anything like it, may be a mark of distinction : and, to 
 
 (y) Ibid. 181. (a) St. George's (1895), 5 0. & H. 109, 
 
 (f) (1895), 5 0. & H. 107. (*) la Stejjnei/ {Boroiifj/O (1892), 4 0. & H. 181. 
 
170 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 my mind, it is absolutely clear that whatever may have been the 
 intention or the idea of the person who ordered them, these large 
 photos, some printed on linen and some on paper, in themselves 
 were marks of distinction." 
 
 The objects of this section are — (1) to prevent unnecessary 
 expenditure (c) ; (2) to prevent a candidate gaining a false show 
 of popularity by laying out his money on flags, banners, ribbons, 
 cockades, and things of that kind (c) ; (3) to preclude marks of 
 distinction which might lead to a fight (rf). 
 
 In Stepney Division (e) it was proved that a voter was paid 5s. 
 for the loss of a hat at a public meeting, and the return of election 
 expenses showed the payment in specific terms. It was contended 
 by counsel that this was an illegal payment, inasmuch as it was 
 not within the payments authorised by Schedule I., Part II., of the 
 Corrupt Practices Act, 1883, although he admitted that no section 
 of the Act in precise terms made all payments, except those in the 
 schedule, illegal. 
 
 The Court refused, in the absence of any authority upon the 
 point, to hold the payment illegal, and the vote stood. In the same 
 case it was proved that payment was made to a voter for repairs 
 done by him to the roof of a house which had been damaged by 
 reason of ropes having been attached to it for the purpose of 
 suspending a banner across the street. The Court held that this 
 was not an illegal payment, and Field, J., said (e) : " I think this 
 was not within the meaning of the Act. The words of the 28fch 
 section are ' on account of bands of music, torches, flags, banners,' 
 and so on ; but surely the banner was lawful, because there is nd 
 proof that there was any payment made for it, and the banner 
 caused the injury. If the contention for the petitioner is right, 
 the hole in the roof must never be repaired, or the voter must do it 
 himself. This vote must stand." 
 
 In Hexham (/) certain payments on account of bands had been 
 made before the election had begun. In dealing with the objection to 
 these payments, Cave, J., said : " I think that is a misconceived objec- 
 tion altogether. Payment on account of a band is illegal, as soon as 
 the election has begun, but up to that time I do not find anything that 
 makes it illegal. If it is part of an entertainment the whole thing 
 of course may be treated together for the purpose of showing what 
 was the intention of the people who got up the entertainment . . . 
 but the mere paying of a band before the election has begun is, in 
 my judgment, not one of those things that are hit by the Act." 
 
 Cr) Per Cave, J., in Stepney (1892), 4 Stepney {BorovglC) (1892), 4 0. & H. 179* 
 
 O. & H. 179. ((!) (188G), 4 0. & H. 39. 
 
 (rf) Per Pollock, 1!., in St. George's (/) (1892), Judgment's, 9. 
 (1895), 5"0. & H. 108 ; cmitra Cave, J., in 
 
ILLEGAL EMPLOYMENT. 171 
 
 Art. 25. — Illegal Employment. 
 
 A person is guilty of illegal employment tvhofor llie jmrpose of pro- 
 moting or procuring the election of a candidate at any election engages 
 or employs, or is for the said purpose engaged or employed by, any 
 other person for payment or promise of payment for any purpose , or 
 in any capacity whatever, except for any purposes or capacities men- 
 tioned in the first or second parts of the First Schedule to the Corrupt 
 Practices Act, 1883, or except so far as payment is authorised by the 
 first or second parts of the said schedule or otherwise by the said Act if). 
 
 Note. — This provision is contained in sect. 17 of the Corrupt 
 and Illegal Practices Prevention Act, 1883. " Sect. 17 has two 
 branches, the first as to the persons to be employed (Part I. of the 
 schedule), the other as to the expenses to be incurred (Part II. 
 of the schedule) " (^). 
 
 Part I. of this schedule contains a list of persons who can be 
 legally employed for payment. They are as follows : — ■ 
 
 (1) One election agent ; 
 
 (2) In a county, one deputy election agent (in the Act referred to 
 as a sub-agent) for each polling district ; 
 
 (3) One polling agent in each polling station ; 
 
 (4) (a) in a county, for the central committee room, one clerk and 
 one messenger when the number of electors in the county does not 
 exceed 6,000, and an additional clerk and messenger for each 
 additional 5,000 or^fraction thereof ; (b) in a countj^ for each poll- 
 ing district, or in a borough, one clerk and one messenger when the 
 number of electors in the polling district or borough does not exceed 
 500, and an additional clerk and messenger for each additional 500 
 or fractional part thereof. Where a county or borough is divided, 
 each division is considered a separate constituency. 
 
 Part II. contains a list of legal expenses in addition to expenses 
 under Part. I. These are as follows : — 
 
 (1) Sums paid to the returning officer for his charges, not ex- 
 ceeding the amount authorised by the Parliamentary Elections 
 (Returning Officers) Act, 1875 ; 
 
 (2) The personal expenses of the candidate (see p. 137, supra) ; 
 
 (3) The expenses of printing and advertising, and the expenses 
 of publishing, issuing, and distributing addresses and notices. In 
 Barrow-in-Furness (h) it was held that ' addresses and notices ' 
 cover bills ; 
 
 (/) Corrupt Practices Act, 1883, s. 17. (A) (1886), 4 0. & H. 78 ; (/. Stepneij, 
 
 iff) Per Field, J., in Stepney (1880), 4 iVid. 52, 5i, 55, where the members of the 
 0. & H. 54. court differed on this question. 
 
172 IKE LAW OF PARLIAMENTARY ELECTIONS. 
 
 (4) The expenses of stationery, messages, postage, and telegrams : 
 
 (5) The expenses of holding public meetings ; 
 
 (6) In a borough, the expenses of one committee rOom ; and if 
 the number of electors exceeds 500, of one for every complete 500 
 electors, and of one additional for the remaining fraction, if any, 
 over 500 ; in a county, the expenses of a central committee room, 
 and of one for each polling district, and if the number of electors 
 in a polling district exceeds 500, of one for every complete 500 
 electors over and above the first 500. 
 
 Part III. of Schedule I. further authorises expenses in miscella- 
 neous matters other than those mentioned above, not exceeding £200. 
 
 Lastly, sect. 48 of the Act authorises conveyance of voters by 
 sea in certain cases. 
 
 Some of these expenses enumerated above necessitate the engage- 
 ment or employment of certain persons, and in such cases, unless 
 otherwise illegal, the person so engaging or employing, and the 
 person so engaged or employed, are legally justified. 
 
 In Elgin and Nairn (i) it was proved that M. had been appointed 
 one of the respondent's polling agents, and had been paid seventeen 
 guineas for his services. M. was acquainted with most of the voters 
 in the district, and he admitted that both on the polling day and 
 previous to it he bad urged voters to vote. Counsel contended that 
 he was substantially a sub-agent, and that his appointment was a 
 breach of sect. 17 of the Act of 1883. 
 
 The Court decided against this contention, and in giving judgment 
 Lord McLaren said : " The objection is, not that the total number 
 of salaried agents authorised by the statute was exceeded, but that 
 while, ex facie of the letters of appointment, Mr. G. had no more 
 agents of the various classes than the statute authorised, yet the 
 persons were employed and paid nominally in one capacity, but 
 with the intention, and, I suppose, under contract, that they should 
 render services in another capacity. 
 
 " The enactment that is said to have been violated is sect. 17 of the 
 Act of 1883, and that section prohibits the engagement or the 
 employment for j^aj^ment for any purpose or in any capacity, except 
 for any purposes or capacities mentioned in the First and Second 
 Schedules thereof ; the persons who may be employed as enumerated 
 in the schedule are an election agent, who has the supervision of 
 the candidate's affairs generally, and then for each district there 
 may be a sub-agent, a polling agent, a clerk, and a messenger. The 
 duties of these officers are not very clearly or strictly defined. I do 
 not think there is any definition of the duties of a sub-agent, but it 
 
 (0 (1895), r, 0. ic H. 13, 1+. 
 
ILLEGAL EMPLOYMENT. 173 
 
 sufficiently appears that he is a person through whom payments 
 may be made at the request of the principal agent. In all other 
 respects his agency seems to be perfectly general . . . a polling agent 
 is a person who is to represent a candidate in the polling booth to 
 detect personation. . . . The general and leading purpose of sect. 17, 
 I think, is to keep down expenditure by prohibiting the employ- 
 ment of a larger number of persons than are mentioned in the 
 schedule. 
 
 " It may very well be that the clause would also prohibit the 
 employment for money of an agent to perform additional duties to 
 those which are indicated by his name or by his description ; but 
 in order to invalidate an election because an agent has performed 
 duties additional ,to those for which he is expressly engaged, it 
 would be necessary, at least, that we should have a case very clearly 
 proved ; and it is evident that it would always be extremely difficult 
 to establish a case of that description of colourable employment of 
 a man in one capacity, in order that he might perform duties in 
 another capacity. The only political disability which the statute 
 applies to any person who is paid for his services is that his right 
 to vote is suspended for that election ; but as I read the Election 
 Acts, the employe is in no way inhibited from using his personal 
 exertions as an elector to influence the votes of other electors ; nor, 
 so far as I see, is there any restriction on the right of a paid 
 agent or officer to render services to the candidate such as he may 
 think fitting, except that he cannot be employed in the payment of 
 election expenses unless he is the sub-agent " (k). 
 
 "No disability attaches to the acceptance of a paid office except 
 that the agent is disabled from giving his individual vote" (Z). 
 
 In Lichfield (m) Pollock, B., said: "It was fairly admitted by 
 counsel that some of the persons who were employed as clerks had 
 acted as canvassers. The question, therefore, is whether that was 
 done honestly or was culpable. It is not because a man, who is 
 employed to act as a clerk for only part of the day, or for some 
 possibly trivial, or small matters, such as the directing of envelopes, 
 or what-not ; it is not because he occupies that time which is his 
 own that he is to be robbed of the ordinary right of a citizen to go 
 about and take an interest in an election where he cares for the 
 politics involved, and to canVass. The question, therefore, in this 
 case, as in others, is : Was there a canvassing either by the direct 
 direction of the sitting member or his agent, or by their knowledge, 
 in the sense that they not merely knew that there was canvassing 
 done, in fact, by that election agent, but that the canvassing was- 
 
 (70 (1895), 5 0. & H. 15. (m) (1895), 5 0. & H. 28. 
 
 , (0 Ibid. 16. 
 
174 THE LAW OF PARLIAMENTARY ELECTIONS, 
 
 .such that the fair assumption would be that it was illegal ? As to 
 that I entirely agree with the judgment in the Elgin case." 
 
 "Where persons are bond fide employed in a manner not forbidden 
 by the law, e.g., to take out and deliver bills, this will not make 
 them messengers. On the other hand, if their employment in 
 regard to the bills is a mere device to evade the provisions of the 
 Act as to the number of messengers who may be employed, the 
 employment would be illegal. The same observations apply to the 
 employment of persons who are legally employed for any purpose, 
 and who happen to be employed to do the copying work. This 
 does not make them clerks unless the employment is colourable, 
 and for the purpose of evading the Act. 
 
 In the words of Cave, J., in Pontefract (re) : " The number of 
 clerks, that is to say, the persons who attend upon the committee, is 
 limited. The number of messengers who are supposed to go on 
 messages from one committee room to another, or to fetch a par- 
 ticular individual who happens to be wanted, is also limited. On 
 the other hand, mere clerical work has not in every case to be done 
 by clerks ; but obviously, if they have other duties, you may 
 employ persons who give themselves out for doing clerical work to 
 do it, and the mere fact that they are employed to do clerical work, 
 in writing addresses, copying out documents, or things of that kind, 
 does not at all, in my judgment, necessarily make them clerks ; nor 
 again, if other persons are employed to take out and deliver bills, 
 does that make them, in my judgment, messengers. In both these 
 cases, no doubt, if there is only colourable employment of these 
 people, if there is an intention of evading the Act, it would bring 
 the offender at once within its provisions." 
 
 Canvassing hand-hills, addresses and notices. — In Stepney Divi- 
 sion (o), in the recriminatory case, it was proved that about twenty men 
 were employed by the petitioner's agent to distribute on the polling 
 day in the neighbourhood of the polling stations handbills, twelve 
 inches long by eight inches broad, headed ' Stepney Election, 
 Thursday, November 26. From 8 a.m. to 8 p.m. Facts worth remem- 
 bering at the poll.' Then followed six paragraphs containing certain 
 statements about the qualifications of the petitioner to be elected, 
 and concluding thus : ' Mr. I. will be the winning candidate if his 
 friends will poll early and mark their voting papers thus.' Then 
 followed a copy of the ballot paper with the respondent's name in 
 very small letters, and the petitioner's name in very large letters, 
 with an X after it. 
 
 Denman, J., said that these bills would be most appropriately 
 
 00 (1893), Day's Election Cases, pp. (o) (188C), 4 0. & H. 52. 
 
 129, 130. 
 
ILLEGAL EMPLOYMENT. 175 
 
 described as 'canvassing handbills,' but the judges were divided 
 in opinion as to whether it was an illegal practice or expense to 
 distribute bills of this kind. 
 
 In Barroiu-in-Furness ( p) the respondent and his agent had 
 incurred expense and employed people in distributing, posting, 
 or printing documents, which included a letter written by a distin- 
 guished statesman to an alderman of the borough and notices 
 ' Vote for Duncan ' : and the Court, having regard to other parts 
 of the Act, such as sect. 18, held that such expense was not illegal, 
 and that such documents were ' addresses and notices ' under 
 Part II. of the First Schedule. The Court intimated, however, that 
 offensive pictures and statements might be illegal. 
 
 Bill-posters. — In Finshury (q) counsel for the petitioner objected 
 to the votes of two persons as having been employed by the respon- 
 dent as bill-posters. It appeared that the men carried on business 
 as bill-posters, and contracted with the respondent to post bills on 
 his behalf. 
 
 Cave, .J., said (?•) : "If the work is of a kind which can be done 
 for both parties it does not disqualify. These men were not 
 engaged in an employment requiring personal service, and which, 
 therefore, could not be rendered to both sides at the same time. 
 They were bill-posters, and were not bound to go and post bills with 
 their own hands. They might post them themselves if they liked, 
 or might employ men, as they in fact did, to post them. It is all a 
 question for the contractor how he will fulfil his contract, and he is 
 not bound to abstain from posting the bills himself if he likes to 
 do so." 
 
 Vaughan Williams, J., said (s) : " In 30 & 31 Vict. c. 102, s. 11, the 
 disqualifying words are ' agent, canvasser, clerk, messenger, or 
 other like employment.' That means an employment ejusdem 
 generis, and I do not think these gentlemen were emploj^ed in any 
 employment of that kind." 
 
 Payment of canvassers. — The payment of canvassers is an illegal 
 payment, and if, under the guise of canvassing for registration, 
 men are sent out by the candidate, his election agent, or sub- 
 agent, to canvass for the election and are paid for such canvassing, 
 this would be an illegal practice, which would consequently make 
 the election void (t). 
 
 In Rochester (u) Cave, J., said: "No less than 300 persons of the 
 lower class of voters have been employed going about with what 
 purports to be a canvassing book, but which appears to have been 
 
 (.P) (1886), 4 0. & H. 76. (0 Per Cave, J., ia StepTiey (^Bormgli) 
 
 00 (1892), 4 0. & H. 176. (1892), Dav's Election Cases, 119. 
 
 (r) IHd. 177. (tt) (1892), Day's Election Cases, 102— 
 
 (») Hid. 103. 
 
176 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 employed for registration purposes. If they were all paid at 5s., 
 as, admittedly, the man Knight was paid, if they did no more work 
 than Knight did, J should have very little hesitation in coming to 
 the conclusion that the whole of that employment was collusive, 
 and that that was a case of bribery on a very extensive scale. 
 Fortunately for the respondent, that is not the way in which it was 
 put before us in the particulars." 
 
 No illegal act is committed, however, if there is only that 
 species of canvassing which is connected with registration, and not 
 that kind of canvassing which attends upon an election (x). 
 
 Employment of persons to keep order. — In Ipswich (y) it was held 
 illegal to hire persons to keep order at meetings. On the other 
 hand, " there can be no objection to the employment of unpaid 
 volunteers to put down disturbances, and where any serious disorder 
 is apprehended it may be a wise proceeding to swear in such 
 volunteers as special constables "(z). 
 
 " If a man were so obnoxious to his fellows that they could not 
 resist the desire to fall upon him and do him an injury whenever 
 they met him, even if it were at a public meeting at which they 
 would otherwise have behaved themselves in an orderly manner, he 
 would not be guilty of an illegal practice if he were to pay men to 
 protect him" (a). 
 
 Payment may he in kind. — In Barroiv-in-Furness (h) it was proved 
 that at a meeting summoned by the election agent for the respon- 
 dent, at which about 400 persons were present, it was agreed, with 
 the sanction of the respondent and the election agent, to provide 
 refreshments on the polling day, at the expense of the respondent, 
 to 441 persons who were designated " workers," and who were to 
 take an active part in the election on behalf of the respondent. Of 
 the persons who partook of the refreshment 226 were voters. The 
 refreshments consisted of a pork pie, a sandwich, and a cup of 
 coffee for each person, and were distributed in the various committee 
 rooms. 
 
 The Court held that there had been illegal payment within the 
 meaning of sect. 17 and, as the employment was by the respondent 
 and his election agent, that there had been an illegal practice, and 
 the election was therefore declared void. 
 
 " Promise of payment ... in sect. 17 of the Act of 1883, . . . 
 
 means an actual express promise, and not that the promise may be 
 
 inferred by the conduct of the parties, which would entitle a man 
 
 to recover in a civil action "(c). 
 
 («) Per Cave, J., in Stepney (Borouglt) (a) Hid. 72, 73. 
 
 (1892), Day's Election Cases, 119. (S) (1886), 4 0. & H. 78—79. 
 
 Cy) (1886), 4 0. & H. 74. (c-) Per Pollock, B., in Lichfield (1895), 
 
 (--) 2 bid. 2>er Cave, J. 5 0. & H. 30. 
 
ILLEGAL HIRING. 177 
 
 Art. 26.— Illegal Hiring. 
 
 A person is f/iiiUy ofillec/al hiring tclio — 
 
 (1) Lets, lends, or employs, for the purpose of conveyance of electors 
 to or from the poll, any jmhlic stage or hackney carriage, or any horse 
 or other animal kept or used for drawing the same, or any carriage, 
 horse, or other animal, which he keeps or uses for the purpose of letting 
 out for hire, knowing that it is intended to he used for the purpose of 
 the conveyance of electors to oi- from the poll (d) ; or 
 
 (2) Hires, borrows, or uses, for the purpose of the conveyance of 
 electors to or from the poll, any carriage, horse, or other animal, 
 knowing that the oiuner thereof is prohibited from letting, lending, or 
 employing it for that purpose (e) ; or 
 
 (3) Hires or uses as a committee room, for the purpose of promoting 
 or procuring the election of a candidate at an election, or lets, knowing 
 it was intended to use the same as a committee room, any premises or 
 part of any premises, — 
 
 (a) Oil which the sale by ivholesale or retail of any intoxicating 
 
 liquor is authorised by a licence {whether the licence he for 
 consumption on or off the premises) ,- or 
 
 (b) Where any intoxicating liquor is sold, or is supplied to members 
 
 of a club, society, or association, other than a permanent 
 political club ; or 
 
 (c) Whereon refreshment of any kind, irhether food or drink, is 
 
 ordinarily sold for consumption on the premises ; or 
 
 (d) Of any public elementary school in receipt of an annual parlia- 
 
 mentary grant ; 
 but the provisions of sect. (3) (a), (b), (c), (d), above, do not apply to 
 any part of such piremises which is ordinarily let for the purpose of 
 chambers or offices, or the holding of public meetings or of arbitra- 
 tions, if such part has a separate entrance and no direct communica- 
 tion with any part of the premises on ivhich any intoxicating liquor 
 or refreshment is sold or supplied as aforesaid (/). 
 Note 1- — Hires, horroivs, or uses, for the conveyance of voters to or 
 from the poll, any carriage, horse, or other animal, knowing that the 
 owner is prohibited from letting, lending, or employing it for that pur- 
 pose. In Buckrose (g) objection was taken to a vote on the ground 
 that the voter had driven to the poll in a cab, paying nothing to-the 
 driver ; and it was argued that a breach of sect. 14 of the Corrupt 
 Practices Act of 1883 had been committed, and that the voter using 
 the cab was disqualified. There was no proof that the voter knew 
 that the use of the cab was prohibited by law. The Court held 
 that no breach of the section had been committed. 
 
 (d) Sect. U (1). (/) Hid. s. 20. 
 
 (e) Sect. U (2). (?) (1886), 4 0. i: H. llff. 
 L.E. N 
 
178 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Under the provisions of sect. 7, set out in Article 23, p. 139, 
 supra (see also p. 142), payment on account of the conveyance of 
 electors to or from the poll is an illegal practice both on the part 
 of the person paying and the person receiving payment. It is not 
 illegal for anyone to lend his own carriage for the purpose of 
 conveying electors to or from the poll, nor for an elector to hire a 
 cab for his own conveyance to or from the poll. 
 
 Note 2. — 21ie premises of any public elementary school. " Under 
 these words," said Pollock, B. (/(), "in the absence of any other 
 explanation, certainly any play-ground or room would be included ; 
 and I should also be inclined to think that in the word ' premises,' 
 unless there were some grounds to the contrary, the master's house 
 would be included." 
 
 In cases under this section the penalty is incurred, not only by 
 the persons letting and hiring the prohibited committee room, but 
 " whenever you find that de facto there are certain persons met 
 together who act as a committee during the polling day, and in 
 a room (whether it be a room within (a), (b), (c), or (d) of sect. 20 
 or not) in respect of which there is a prohibition, in all those cases, 
 at any rate, that member of the committee who so uses that room 
 must be taken to be within the provision " (i). 
 
 Art. 27.— Relief to Candidate who has been Guilty by 
 Agents of Treating, Undue Influence, or lUegal 
 Practice. 
 
 Where upon the trial of an election petitio7i respectiufi an election 
 for a county or borough the election court reports that a candidate at 
 such election has been guilty by his agents of the offence of treating 
 and undue influence, and illegal practice, or of any of such offences, 
 in reference to such election, and the election court further reports that 
 the candidate has proved to the court — 
 
 (a) That no corrupt or illegal practice was committed at such election 
 by the candidate or his election agent, and that the offences mentioned in 
 the said report ivere committed contrary to the orders and without the 
 sanction or connivance of such candidate or his election agent; and 
 
 (b) That such candidate and his election agent took all reasonable 
 means for preventing the commission of corrupt and illegal fracticcs 
 at such election ; and 
 
 (c) That the offences mentioned in the said report ivere of a trivial, 
 unimportant, and limited character ; and 
 
 (d) That in all other respects the election was free from ami 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 
 
 (/O Buchvse (1880), 4 0. & H. 114. (i) Ihid. 115. 
 
RELIEF TO CANDIDATE GUILTY BY AGENTS OF TREATING. 179 
 
 mentioned in sucli report, he void, nor shall the candidate he subject to 
 any incajmciti/ under the Corrupt Practices Act, 1883 (k). 
 
 Note. — The only cases where relief is granted, and then only when 
 the Court is satisfied that certain conditions have been fulfilled, are — 
 
 (1) Under sect. 22 of the Corrupt and Illegal Practices Prevention 
 Act, 1883, to a candidate who has been guilty hy his agents of 
 treating, undue influence, or illegal practice : 
 
 (2) Under sect. 23 to any person who has been guilty of an 
 illegal practice or illegal payment, employment, or hiring: 
 
 (3) Under sect. 34 to a candidate or his election agent who has 
 been guilty of the illegal practice of not transmitting the necessary 
 return and declaration respecting election expenses. 
 
 No relief is given — 
 
 (1) Where a candidate has by himself or his election agent been 
 guilty of any corrupt or illegal practice, or where such offence has 
 been committed by any other person with the sanction or connivance 
 of the candidate or his election agent : 
 
 (2) Where the candidate has by his agents been guilty of any 
 corrupt practice other than treating or undue influence. 
 
 The general principles upon which relief is granted have been 
 thus explained. 
 
 " The intention of the Corrupt and Illegal Practices Prevention 
 Act, 1883, was to draw the strings of the law as tightly round 
 ■corruption and illegal practices as possible, but at the same time 
 the law intends by sects. 22 and 23 to enable judges to relieve 
 candidates from all responsibility for corrupt and illegal practices, 
 where they satisfy the judges that they have done everything on 
 their part to render the election pure and free from corruption. . . . 
 Those who stand for Parliament must feel the full responsibility 
 of personally taking care that those whom they allow to act as 
 their agents are not guilty of corrupt and illegal practices, and if 
 they fail to do that they disentitle themselves to the relief from the 
 consequences of the acts of others, which judges are entitled to give 
 them under sect. 22 "(Z). 
 
 " It is quite true that the Act lays down most stringent rules as 
 to the conduct of candidates. It maybe said that these rules gff 
 so far into detail as to make it very difficult for either the candidate 
 or his election agent to go through an election without in some 
 way or other transgressing against the multifarious provisions of' 
 these Acts, but the answer to this is that the Act takes everj^ possible 
 care by the 22nd and 23rd sections that no candidate who has 
 
 (*) Corrupt Practices Act, 1.S88, s. (0 Per Vaughan A\'ilIiaiTs, J., in 
 
 ■22. Rochester (1892), 4 0. & H. 160, IGl. 
 
 1.T >) 
 
180 THE LA\^' OF PARLIAMENTARY ELECTIONS. 
 
 tried his best to conduct his election purely and fairly shall suffer 
 thereby" (m). 
 
 In order to obtain relief under the provisions of sect. 22, which 
 are set out in the above Article, the candidate must prove that the 
 conditions set out under the headings (a), (b), (e) and (d) have been 
 fulfilled. 
 
 In Rochester (n) the respondent applied for relief under this 
 section in respect of the use of certain hat cards, which was held 
 to amount to an illegal practice. The Court held that the respon- 
 dent was not entitled to relief, and Hawkins, J., thus stated the 
 reasons for this decision : " First of all, it certainly was not proved 
 that these hat cards were used contrary to the orders and without 
 the sanction or connivance of the candidate or his election agent, 
 because the respondent himself in the box did not say that he had 
 forbidden the use of those cards (though he did say he had given no- 
 such orders for their use) ; and when the payments came to be mad& 
 he sanctioned and passed them in his account. Then, did the 
 election agent or the respondent take reasonable means to prevent 
 the commission of illegal practices ; I do not find any evidence 
 that they took any means to prevent these cards being worn or 
 used or paid for, and when I regard the number of these cards 
 which were used, and bought with the view of being used, it is 
 impossible to come to the conclusion that they were of a ' trivial 
 character.' " 
 
 In Southampton {o), where there were two candidates elected, it 
 was proved that a Mr. B., who was chairman of a ward Conservative 
 Association, and a member of the respondent's executive committee 
 had sent a telegram to a man at Winchester asking him to come 
 down and vote, and saying, " Fare all right," and that the man had 
 come and voted and that Mr. B. had paid his fare. As to this relief 
 was prayed under sect. 22, and in the result the Court declared the 
 election of one candidate void and that of the other good. 
 
 Wright, J., in giving judgment, said (oo) : " The payment of 2s. 
 made by Mr. B. to the witness P. . . . was a payment admitted by 
 Mr. T., the respondent himself, in the box. 
 
 But then we have to consider whether this other condition is 
 satisfied, namely, ' that such candidate and his election agent took 
 all reasonable means for preventing the commission of corrupt 
 and illegal practices at such election.' We have both come to the 
 conclusion, although there is no authority upon it, and although the 
 matter is by no means free from doubt, that that section may be 
 
 (m) Per Vaughan Williams, J., in (n) (1892), Day's Election Cases, U5. 
 
 Stepnei) {Bormgli) (1892), Day's Election (o) (1895), 5 0. & H. 20. 
 
 Cases, 124. („„) jud. 20, 21. 
 
RELIEF TO CANDIDATE GUILTY OF TREATING, ETC. 181 
 
 read as applying to each of the candidates separately, and if one of 
 them is shown to have used all reasonable means he may be 
 excused, although the other, who does not show that he has used 
 all reasonable means, may not be excused." 
 
 Bruce, J., in concurring, said (jj) : " I felt some difficulty, indeed 
 the same difficulty that he has expressed, in saying that the pay- 
 ment of money for the conveyance of a voter was ' unimportant, ' 
 when, as we know in some elections, a single vote may turn the 
 election. But I have come to the conclusion that in this case the 
 payment of 2s. was a payment that was ' trivial and unimportant ' 
 in its character. I attach importance to that word ' character.' 
 The Act of Parliament does not say trivial and unimportant in its 
 results. It may be that an act that is trivial in its character may 
 be important in its results. The words in the Act of Parliament 
 are, ' of a trivial, unimportant and limited character,' and if any 
 payment of an illegal fare can be trivial and unimportant, I think 
 the payment of a sum of 2s. must be so considered." 
 
 Akt. 28. — Relief in Certain Cases to anyone Guilty of 
 Illegal Practice or Illegal Payment, Employment, 
 or Hiring. 
 
 Where on application made it Is shoivii to the High Court or to an 
 flection court hy sucli evidence as seems to the Court sufficient — 
 
 (a) That any act or omission of a candidate at any election, or of 
 
 his agent, or of any other agent or jJerson, icould hy reason of 
 being a payment, engagement, employment or contract in con- 
 travention of the Corrupt Practices Act, 1883, or of being the 
 ■payment of a sum or the Incurring of expense in excess of any 
 maximum amount allowed hy the said Act, or of otherwise being 
 in contravention of any of the provisions of the said Act, he, 
 hut for this section, an Illegal iiractlcc, payment, employment, 
 or hiring ; and 
 
 (b) That suclt act or omission arose from inadvertence or from 
 
 accidental miscalculation, or from some other reasonable cause 
 of a like nature, and in any case did not arise from any ivaiit 
 of good faith ; and 
 
 (c) That such notice of the application has been given In the county or 
 
 borough for which the election was held as to the Court seems fit ,- 
 and under the circumstances It seems to the Court to he just that the 
 candidate, and the said election and other agent and person, or any of 
 them, shotdd not he subject to any of the consequences under the said 
 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 the said 
 
 (y>) I bid. 23. 
 
182 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Act, which would othericise make the same an illec/al jn'octice, iJayment,. 
 employment, or hiring, and thereupon such candidate, agent, or person 
 shall not be subject to any of the consequences under the said Act of the 
 said act or omission (q). 
 
 Note 1. — On application . . . to the High Court or to an Election 
 Court. Where there is no petition pending, the application should 
 be made upon affidavit to one of the judges on the rota for the 
 trial of election petitions, sitting either in court or in chambers. 
 Formerly it was the practice to apply to a Divisional Court, but 
 having regard to sect. 56 of the Corrupt Practices Act, 1883, such 
 a Court, unless the members of it are election judges, has no 
 jurisdiction in the matter (?■) ; nor has a master (s). 
 
 "Where there is a petition pending, the application should be 
 made to the Election Court. Notice must be given of the appli- 
 cation — (1) to the defeated candidate or candidates ; (2) to the 
 returning officer; and (3) to the constituency by advertisements (f) • 
 Such advertisements may be inserted in newspapers circulating in the 
 district, or contained in posters {t). Notice should also be given to 
 the Elections Petitions Office, Eoom 175, Eoyal Courts of Justice (u). 
 
 In Walsall {v) the Court refused an application for relief in respect 
 of certain matters "if found by the Court to be illegal." 
 
 Note 2. — That such act or omission arose from inadrcrtence or 
 from accidental miscalcidatioii, or from some other reasonable cause of 
 a like nature, and in any case did not arise from any want of good 
 faith. What is inadvertence ? In Stepney Division (.r) an order was 
 made under the above section, but in giving judgment, Denman, J., 
 said (?/) : " I do not say that if I found a precisely similar course 
 taken on any future occasion I might not feel constrained to hold 
 otherwise : but I cannot but give some weight to the consideration 
 , that the Act had never before the present case come before any 
 judicial tribunal ; that it is an Act by no means easy to master : 
 and that the blot which has been hit after full investigation is one 
 which was so far from obvious that neither the respondent's counsel 
 nor the counsel for the Director of Public Prosecutions relied upon 
 it until the Court pointed out its bearing upon the recriminatory 
 charge. I think, for the reasons above given, that we shall be 
 justified' in holding that the illegal conduct here arose from inad- 
 vertence, and not from want of good faith within the meaning of 
 
 (j) Corrupt Practices Act, 1883, s. 23. («) The Corrupt and Illegal Practices 
 
 00 S/iaw V. Reckitt [1893], 1 Q. B. 770. Prevention Act, 1883, by E. Jelf, 3rd ed., 
 
 («) Corrupt Practices Act, 1883, s. 56. 113, 114.— Sweet and Maxwell. 
 (0 Smith Shropuhlre (1886), 34 W. E. (v) (1892), Days Election Cases, 77. 
 
 352 ; Ex parte Le.naiitoii (1889), 53 J. P. (.;■) (1886), 4 0. A: H. 52. 
 
 263 ; 5 T. L. K. 173. (y) Ihid. 53. 
 
RELIEF TO ANYONE (!UILTY OF ILLEGAL PRACTICE, ETC. 183 
 
 sect. 23 (b) ; and that, inasmuch as a sufficient notice was given 
 that an apphcation would be made to us to that effect, we may make 
 an order allowing the illegal employment and payment in question 
 to be an exception from the provisions of the Act referred to in that 
 section." 
 
 The question what amounts to inadvertence was dealt with in 
 Walsall {z) and Stepney {Borough) (a), and it is difficult to reconcile 
 the decisions in the two cases. The judgment in Stepney (Boroufih) 
 was delivered only one month after that in Walsall, and in the 
 former case the Court stated that the judgment in Walsall had not 
 been published, and treated the points as new. In both these cases 
 the election agent had committed an illegal practice — in the first, by 
 paying for certain hat cards ; in the second, by paying for certain 
 banners. In Walsall (z) the Court refused relief on the ground that 
 the payment for the hat cards did not arise from accident or inad- 
 vertence, as it was made intentionally although in ignorance of its 
 illegality. The election was therefore avoided. 
 
 According to the decision in this case inadvertence does not mean 
 ignorance of the law. "Although a man may not know the law 
 because he has not taken the trouble to make himself acquainted 
 with it, no one," said Hawkins, J., " can call that inadvertence 
 within the meaning of sect. 23 " (c). 
 
 " If it were once allowed that a breach of the law, in the sense 
 that there was a misconception of the law, is to be treated as an 
 inadvertence, I do not know," said Pollock, B. (d), " where there is 
 to be any limit. If one man is entitled to say, ' I did this by way of 
 inadvertence, because I did not think, or it did not occur to me, 
 that this was a mark of distinction,' another might just as well say, 
 ' Well, I knew there was an Act of Parliament, and I knew that one 
 of the sections was directed against the use of flags and so on, but 
 I did not read it ; somebody told me about it ; it never occurred to 
 me that a cockade or ribbon could be an illegality.' I cannot see, 
 therefore, how it is possible for us to grant relief in this respect." 
 
 In Stepney (Borough) (a), on the other hand, relief was granted on 
 the ground that the payment for the banners had been made in 
 good faith. 
 
 Cave, J., said(e) : "The two matters to which we have to direct 
 our attention are — first, whether the thing was done inadvertently ; 
 and, secondly, whether there is any absence of bona fides. . . . Was 
 it inadvertence in the sense that the person doing it, or making the 
 omission, was not aware what it was that he was doing, or was 
 
 CO (1892), 4 0. & H. 128. (rf) IliA. 127, 128. 
 
 W Jbid. 1.S2. (e) Day's Election Oases, 120, 121, 
 
 is) Hid. 129. 122. 
 
184 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 it inadvertence because he did not know that what he was doing 
 was wrong? It seems to me that a man may be inadvertent in 
 regard to both those points. He may be inadvertent, if he does 
 something of which he was not actually aware at the time ; he may 
 also be inadvertent, if he was not aware of the character of the act 
 — that is to say, that it is a thing which is wrong. . . . Now, when 
 we come to inquire into the question of bona fides, it seems to me 
 that one of the chief points will be to look at the election and see 
 whether it was in other respects pure, or whether there was an 
 attempt made under one guise or another to get out of the Act, 
 and to obtain some benefit that the Act did not allow. The question 
 whether the election is pure does not mean whether it was free 
 from corrupt practices, because if it was not free from corrupt 
 practices the question could not arise at all. It means whether there 
 was apparently a bond fide desire to keep free from illegal practices." 
 
 In the case of Ex "pc-rte Walker {f), under the corresponding 
 section (sect. 20) of the Municipal Corporations (Corrupt and Illegal 
 Practices) Act, 1884, it was held by the Court of Appeal, reversing 
 the Divisional Court, that ignorance of the law was " inadvertence " 
 within the meaning of the section, and that therefore the applicant 
 was entitled to relief. 
 
 " The section is intentionally very carefully guarded, and has 
 always been limited by the Courts to small and accidental 
 mistakes " (</). 
 
 Under sect. 20 of the Municipal Corporations (Corrupt and Illegal 
 Practices) Act, 1884, the Court has made an order granting relief 
 where a meeting was held in a prohibited place Qi), where the 
 name of the printer was omitted from the candidate's address (i), and 
 where the maximum number of messengers was exceeded (/c), but 
 refused to grant relief to a printer for omitting his name from a 
 placard, which is an offence against sect. 18, on the ground that he 
 is not within this sub-sect, (a) unless he knew he was acting in con- 
 travention of the Act, in which case he is not within sub-sect, (b) (?)• 
 
 Note 3. — The Court may make an order allowing such act or omis- 
 sion to be an exception from the provisions of the said Act. Where 
 an application for relief is made under sect. 23, "if an order is 
 made upon it, the effect will be to do away with the illegal practice 
 which has so been relieved against, so that when the Court comes 
 to make its report to the Speaker — if that practice is all that has 
 
 (/) (1889), 22 Q. B. D. 384. r*) Ex parte Ives, Hid. 
 
 ifl) Per Wright, J., in Southampton (Ai) Mr parte Darlington (18S9), 5 
 
 (1895), 5 0. & H. 2o. T.L.B. 183. 
 
 (/t) Ex pa.rte Hutcliinson (1889), 5 T. (J) Ex parte LenaMon (1889), 53 J. P. 
 
 li. R. 136 ; Jfe ElectioTi of County Coun- 263. See however £r parte CTar/j (1885), 
 
 cillors, Hid,. 173. 52 L. t. 260. 
 
RELIEF TO ANYONE GUILTY OF ILLEGAL PRACTICE, ETC. 185 
 
 been proved against the respondent — the Court will have to report 
 that there has been no illegal practice " (m). 
 
 Art. 29.— Relief to Candidate or Election Agent Guilty of 
 Illegal Practice of Non-compliance with Provision 
 as to Return and Declaration respecting Election 
 Expenses. 
 
 (1) Where the return and declarations respecting election expenses of 
 a candidate at an election for a county or borough have not been trans- 
 mitted as required by the Corrupt Practices Act, 1883, or, being 
 transmitted, contain some error or false statement, then — 
 
 (a) If the candidate applies to the High Court or an election court 
 
 and shows that the failure to transmit such rrturu and declara- 
 tions, 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 Ids election 
 agent or sub-agent, or of any clerk or officer of such agent, or 
 by reason of inadvertence or of any reasonable eatise of a 
 like nature, and not by reason of any want of good faith on 
 the part of the applicant ; or 
 
 (b) If the election agent of the candidate applies to the High Court 
 
 or an election court and shows that the failure to transmit the 
 return and declarations tvhich he was required to transmit, or 
 any part thereof, or any error or false statement therein, arose 
 by reason of his illness, or of the death or illness of any p)rior 
 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 inadccrtence or of miy 
 reasonable cause of a like nature, and not by reason of any 
 want of good faith on the part of the applicant, 
 the Court may, after such notice of the application in the said county 
 or borough, and on production of such evidence of the grounds stated 
 in the application, and of the good faith of the application, and 
 otherwise, as to the Court seems fit, make such order for allowing an 
 autliorised excuse for the failure to transmit such return and declara- 
 tion, or for an error or false statement in such return and declaration, 
 as to the Court seems just (n). 
 
 (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 particidars as ivill enable the candidate and 
 his election agent respectively to comply with the provisions of the said 
 
 {ni) Per Cave, J., in UeAam (1892), 4 («) Corrupt Practices Act, 1883, s. 
 
 0. & H. 144—145. 34 (1). 
 
18G THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Act as to the return and declaration respecting election expenses, the 
 Court, he/ore making an order alloiving the excuse mentioned above, 
 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 witltin such time, and to such 
 person, and in such manner as the Court may direct, or may order him 
 tube examined with respect to such particulars, and may in defaidt of 
 ciiuipliance with any sucli order, order him to pay a fine not exceeding 
 J6500 (o). 
 
 (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 comjilianci' with such other terms as to the Court seem 
 best calculated for carrying into effect the objects of the said Act; and 
 an order allowing an authorised excuse shall relieve the applicant for 
 the order from any liability or consequences under the said Act in 
 respect of the matter excused by the order ; and where it is proved by 
 the candidate to the Court that any act or omission of the election agent 
 in relation to the return and declaration respecting election expenses 
 ivas without the sanction or connivance if 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 (onission on the ],art of his election agent {p). 
 
 (4) The date of the order, or, if conditions and terms are to be com- 
 plied with, the date at which the applicant fully complies with them, 
 is referred to in the said Act as the date of the allowance of the 
 excuse [q). 
 
 Note. — In Norwich {r), where the return did not contam the 
 names and addresses of the clerks and messengers, as reqmred under 
 Schedule II., Part I., the Court made an order under the above 
 provisions; and Cave, J., said : — 
 
 "The names and addresses of clerks and messengers were not 
 inserted in the accounts, and I think it is clear that a description 
 must be given which would involve that by which they would be 
 known, identified, and distinguished from other persons. Obviously, 
 therefore, their address and their business should be given ; but one 
 must bear in mind that this, again, is a part of the Act which has never 
 yet been interpreted, and although I entertain no doubt, yet I am 
 not satisfied that this omission was done for any wrong or improper 
 purpose, and I think under the circumstances it may be treated as 
 inadvertence." 
 
 («) Corrupt Tracticos Act, 18S3, s. 31 (2). (?) Ibid. s. 34 (4). 
 
 i]/} I hid. s. 34 (3). (,•) (1886), 4 0. & H. 90—91. 
 
RELIEF TO ANYONE GUILTY OF ILLEGAL PRACTICE, ETC. 187 
 
 InBiickiose (s) , in the recriminatory case, counsel for the respondent 
 alleged that an insufficient account of the election expenses of the 
 Ijetitioner had been filed by his election agent. It appeared that 
 through inadvertence the names of the persons from whom rooms 
 had been hired were omitted from the return, and that the election 
 agent had included his own personal expenses in the sums paid for 
 luring the rooms. These facts were admitted by counsel for the 
 petitioner, and he stated that he proposed to apply to the Court for 
 relief of the petitioner and his agent from the consequences of these 
 irregularities. The Court ordered notice of the application to be 
 served upon the returning officer, and on a subsequent day on proof 
 of this notice granted the application. 
 
 In giving judigment in favour of the petitioner, Pollock, B., said : 
 " The recriminatory case is founded upon an alleged breach of the 
 requirements of sect. 33, and the provisions of the Second Schedule 
 of the Corrupt Practices Act, 1883. ... It is impossible to read 
 the section and the requirements that are set forth in the schedule 
 without seeing, that they must be both observed substantially, and 
 that both contain matters which are of the greatest importance to 
 carry out the object and intention of the Act, namely, that the 
 other side in the election, and the public at large, should be properly 
 informed in respect of every payment which is made, whether it be 
 of one character or the other, and therefore it was that we watched 
 very carefully to see whether the provisions of the Act had been 
 complied with. . . . With regard to the breach, I only have to 
 observe that this and all other Courts that sit for the purpose of 
 hearing these cases would be most unwilling to allow anything like 
 a substantial variation from the requirements in the schedule. . . . 
 It is observable in this case that there is nothing in the general 
 character of the account which is of a suspicious nature ; it is not 
 like some accounts where large or immoderate sums have been 
 spent upon messengers or matters of that kind which in their 
 very essence may appear to be of a doubtful character, but there 
 are a great many reasons why it shotild be accurately set forth, in an 
 account of this kind, how every penny has been spent. Now, Mr. J. 
 (the election agent) was called, and he certainly did give an account 
 to the uttermost penny, so far as he could, of every item which is 
 challenged in this account, and therefore the Court were perfectly 
 satisfied that there had been not only no money misspent, but that 
 there had been no intention in the framing of this account to mislead 
 anybody in this important particular." 
 
 As to how and to whom the application for relief is to be made, 
 see p. 182, supra. 
 
 (s) (1886), i 0. & H. 118. 
 
188 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Aet. 30.— Punishment of Person Convicted of Corrupt 
 
 Practice. 
 
 A person tvho permits any corrupt practice (t) other than persona- 
 tion, or aidincj, abetting, counselling, or procuring the commission of 
 the offence of personation, shall he guilty of uiisdemeanovr, and on 
 conviction on indictment shall be liable to be imprisoned with or without 
 hard labour for a term not exceeding one year, or to be fined any 
 sum not exceeding £200 («)• 
 
 A person %vho commits the offence of personation {x), or of aiding, 
 abetting, counselling, or procuring the commission of that offence, shall 
 be guilty of felony, and any person convicted thereof on indictment 
 shall be punished hy imprisonment for a term not exceeding two 
 years, together with hard labour (y). 
 
 A person ^vho is convicted on indictment of any corrupt j^ractice 
 shall, in addition to any pnuiishynent as above provided, be incapable 
 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 witliin the meaning of the Corrupt Practices Act, 
 1883 ; or (b) of holding any public or judicial office (z), and if he 
 holds any such office the office shall be vacated (a). 
 
 Any person so convicted of a corrupt practice shall be incapable 
 of being elected to and of sitting in the House of Commons during 
 the term of seven years next after the date of his conviction, and if 
 at that date he has been elected to the House of Commons his election 
 shall he vacated from the time of such conviction (b) . 
 
 A person who is summarily convicted by an election court of 
 any corrupt practice, which cannot occur unless such person declines 
 to be tried by a jury, shall be subject to the same incapacities as if 
 he had been convicted on indictment, and further, may be imprisoned 
 with or without hard labour for a term not exceeding six months, or 
 ordered to pay a fine not exceeding £200 (c) . 
 
 Limitation of time for prosecution of offence. — A proceeding 
 against a person in respect of the offence of a corrupt or illegal 
 practice, or any other offence under the Corrupt Practices Preven- 
 tion Acts, must be commenced within one year after the offence was 
 committed, or if it was committed in reference to an election with 
 respect to which an inquiry is held by election commissioners shall 
 be commenced within one year after the offence was committed, or 
 
 (0 As to what is a corrupt practice, see office" and "judicial" office, see sect. 
 
 Article 17, p. 90, siipm. 64 of the Corrupt Practices Act, IHSS, set 
 
 («) Corrupt Practices Act, 1883, s. 6 (1). out at p. 333, i/ifni. 
 
 (.(■) As to wliat is personation, see («) IJiid. s. (i (3). 
 
 Article;21, p. 134, xii.jim. (/y) Il/id. r,. (i (4). 
 
 (//) J bid. s. 6 (2). i^r) I hid. k. 43 (4). 
 
 (.-) As to tlie meaning of •' public 
 
PUNISHMENT OF CANDIDATE GUILTY OF CORRUPT PRACTICE. 189 
 
 within three months after the report of such commissioners is made, 
 whichever period last expires, so that it be commenced within two 
 years after the offence was committed (d). 
 
 Every person guilty of a corrupt practice at an election is pro- 
 hibited from voting at such election, and if any such person votes, 
 his vote shall be void (del) . 
 
 Aet. 31. — Punishment of Candidate found on Election 
 Petition Guilty Personally or by Agents of Corrupt 
 Practices. 
 
 Where an election court reports that any corrupt practice other 
 than treating or undue influence has been proved to have been com- 
 mitted by or with the knowledge and consent of any candidate, or 
 that treating or undue influence has been committed by a candidate (e), 
 that candidate shall be incapable of ever being elected for the county 
 or borough in reference to irldcJi the offence has been committed, and 
 if he has been elected his election shall be void, and such candidate 
 is further subjected to the same incapacity (/) as if at the date of tho- 
 report he had been convicted on indictment of a corrupt practice (g). 
 
 Where an election court repoi'ts that a candidate has been guilty 
 by his agents (h) of any corrupt practice he is incapable of being 
 elected far- the county or borough in reference to which the offence lias 
 been eommitted for seven years after the date of the report, and if he 
 has been elected his election shall be iynd{i). 
 
 Note. — "A candidate who is bond fide ignorant of a corrupt 
 practice on the part of his agent is not personally liable therefor, 
 but if he is ignorant mala fide it is otherwise. Mere carelessness 
 it not sufficient to render him personally liable unless it is of so gross 
 a character as to compel to the conclusion that the ignorance is 
 mala fide ; that is to say, that he suspected that something was 
 wrong and chose wilfully to shut his eyes in order that he might be 
 able to say on a future occasion that he did not actually know what 
 was going on " (j). 
 
 Aet. 32.— Punishment for Illegal Practice, Illegal 
 Payment, Employment, or Hiring. 
 
 A person guilty of an illegal practice is on summary conviction 
 liable to a fine not exceeding £100, and is incapable, during a period 
 of five years from the date of his conviction, of being registered as an 
 eleeto^ or of voting at any election (whether it be a parliamentary 
 
 id) Corrupt Practices Act, 1883, s. 51 (1). p. 189, ^^iqmr. 
 
 Idd) Hid. s. 36. 0?) Corrupt Practices Act, 1883, s. i. 
 
 (e) As to who is " a candidate," see (A) As to who is " an agent," see 
 
 sect. 63 of the Corrupt Practices Act, Article 16, Note 5, pp. 70—78, supra. 
 1883, p. 332, infra; and see also p. 145, (i) Corrupt Practices Act, 1883, s. 5. 
 
 supra. (.7) P^'' Cave, J., in Hexham (1892), 
 
 (/) As to this incapacity, see Article 30, Judgments, 7 ; see also Rochester, ibid. 80. 
 
190 TIJE LAW OF PARLIAMENTARY ELECTIONS. 
 
 election or an election far a puhllv office (k) ), held for or nitltin the 
 ■coimti/ or horoiujh in which the illegal 2}>'0'Ctice was committed {I). 
 
 If the election court reports that aini illegal practice Itas been com- 
 mitted by or icith the knowledge and consent of any candidate, the 
 candidate is incapiable of being elected to or sitting in the House of 
 Commons for the county or borough in respect of which the illegal 
 practice has been committed for seven years next after the date of the 
 report, and if he has been elected his election is void, and he is further 
 sidrject to the same incapacity as if at the date of the report he had 
 been convicted of sxich illegal practice (hi). 
 
 If the report of the election court is that a candidate has been fjuilty by 
 his agent (n) of any illegal practice in reference to such election, the 
 candidate shall be incapable of being elected to or sitting in the House 
 of Commons for the county or borough in reference to which the illegal 
 practice icas committed during the Parliament for whicli the election 
 zvas held, and if he has been elected his election shall he void (o). 
 
 A person guilty of an offence of illegal payment, employment or hiring 
 shall, on summary conviction, be liable to a fine not exceeding £100 (oo). 
 
 A candidate, or an election agent of a candidate, who is personally 
 gtdlty of an offence of illegal payment, employment, or hiring, is 
 yuilty of an illegal practice, and is punishable accordingly (p). 
 
 Note. — A person guilty of an illegal practice, or of illegal pay- 
 ment, employment, or hiring, cannot be proceeded against by 
 indictment. He has, however, committed an offence under the 
 Corrupt Practices Act, 1883, which is punishable on summary 
 conviction, and may be prosecuted in manner provided by the 
 Summary Jurisdiction Acts (g) ; further, he is prohibited from voting 
 at such election, and if he votes his vote shall be void (r). 
 
 Abt. 33. — Who may Petition against Return of 
 Candidate, and within what time. 
 
 Any one or more of the following persons may petition : — (1) Any 
 pierson who voted or who had a right to vote at the election to which 
 the petition relates ; or (2) any pierson claiming to have a right to 
 be returned or elected at such election ; or (3) any ijersnn alleging 
 himself to hare been a candidate for such election (s). The petition 
 must be signed by the pietitioner, or all the petitioners if more than 
 ^)ne, and must be presented within twenty-one days after the return 
 lias been made to the Clerk of the Crownin Chancery in England, or to 
 
 (A) As to meaning of " public office," 70 — 78, supra. 
 sue sect. G3 of the Corrupt Practices Act, (o) Corrupt Practices Act, 1883, s. 11. 
 
 1883, p. 332, infra. (oo') Ihid. ». 21 (1). 
 
 (Q Corrupt Practices Act, 1883, s. 10. (yj) Hid. s. 21 (2). 
 
 (m) Corrupt Practices Act, 1883, s. 11. (</) lliid. ss. 21, 54 (1). 
 
 As to what this incapacity is, see pp. 181) — (r) Ihld. a. 3G. 
 
 1!)0, supra. (s) Parliamentary Elections Act, 1868, 
 
 (/i) As to who is "an agmt" see pp. a. 5. 
 
WHO MAY PETITION AGAINST RETURN OF CANDIDATE. 191 
 
 Ihe Clerk of the Crown and Hanaper in Ireland, unless it qvesfious 
 the return or election — (i.) itpon the firoiind of corrupt practices 
 and specificalli/ alleges a payment of money or other ren-ard tohare been, 
 made hy any number, or on his account or with his pririti/, since the 
 time of sveh return, in p)nrsuance or in furtherance <f such corrupt 
 jiractices, in 2vhich case the petition may he presented at any time 
 icitldn twenty-eight days after the date of such p<iyinent{s) ; or (ii.) iijMn 
 the ground of an illegal practice, in u-hich case the petition may he 
 presented at any time before the expiration <f fourteen days after the 
 day nn irhich the returning officer receives the return and declarations 
 respecting election expenses by the member to xrhose elccti<m the petiti(ni 
 relates and his election agent (t) ; or (iii.) ujmu the ground of an illegal 
 practice, and if .the petition specifically alleges a paymoit tf money or 
 some other act to have been made or done, since the day on which the 
 returning officer so receives the return and. declarations aforesaid, hy the 
 member or an agent of the member or with the p)rivity of the member or 
 his election agent in pursuance or in furtherance of the illegal practice 
 alleged in the petition, the petition may he presented at any time jrithin 
 twenty-eight days after the date of such p)ayment or other act (m). 
 
 In ease (ii.) above, i.e., trhere the petition questions the return or the 
 election upon tlte ground of an illegal practice — 
 
 (a) where the return and declarations are received on different days, 
 
 the day on which the last of them is received ; and 
 
 (b) where there is an authorised excuse for failing to make and transmit 
 
 the return and declarations respecting election expenses, the date 
 
 (fthe allowance of the excuse, or if there teas a failure as regards 
 
 two or more of them, and the excuse was cdloived at dif event times, 
 
 the date of the allowance of the last excuse shall be substituted for 
 
 the day on whicli the return and declarations are received hy the 
 
 returning officer (v). 
 
 Note. — Presentation of petitions by poor persons. Dealing with this, 
 Bowen, J., said in IVigan : " There may be many constituencies 
 in which from the character and composition of the constituency, or 
 from the influence, perhaps, of persons who live near the con- 
 stituency or in it — I say there may be many constituencies (I can 
 conceive, at all events, some) in which it would be difficult for anybody 
 except a poor person to come forward to petition. I do not think it 
 would be in the spirit of the English law to prevent such persons 
 from presenting a petition simply because they were poor, nor even 
 because it was a great disadvantage to the sitting member that he 
 should not have a wealthier litigant to contend against (a;). . . 
 
 W Parliamentary EleotionBAct,1868,s.6(2). (r) I!j!tl. e. 40 (4). 
 
 (t) Corrupt Practices Act, 1883, 6. 40 (1) (a). (,r) (18S1), 4 0. & H. 18. 
 
 (K)iJ;rf. e. 40 (l)(b). 
 
192 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 The character and atafcus of the petitioners is a matter to be care- 
 fully watched by the election judges in order that they may see that 
 petitions are not made the means of inflicting upon the sitting 
 member a litigation for the costs of which, if he succeeds, he will 
 have no remedy whatever beyond a recourse to the limited security 
 imposed by the statute as a condition on the presentation of election 
 petitions (?/).... Although in each instance it is a matter of degree, 
 and it is very difficult to adjust one's judgment to the particulars of 
 every case that might arise, one is bound on such occasions to see 
 that the great right of English electors to petition against acts of 
 corruption is not manipulated so as to enable a powerful political 
 party to petition under the cover of an insolvent person " (z). 
 
 Art. 34.— Grounds of Petition. 
 
 'The grounds of a petition are that the election or return was void, or 
 that there was no return {a). An election may he void for any of the 
 reasons stated in Article 16, p. 61, siupra. A return may he void as 
 heing an undue (b) or double (c) return. 
 
 Note 1. — As to what a petition must contain, see Appendix I. 
 pp. 203 — 205, infra, and for forms of petition, see Appendix VI., 
 pp. 414 — 420, infra. 
 
 Note 2. — Undue return. As to the duties of the returning officer 
 in regard to making a due return and the penalties for not doing so, 
 see Article 3, Note, p. 13, supra. Instances of a petition on the 
 groxmd of an undue return by reason of a mistake in counting the 
 ballot papers are Greenock (d) and Halifax (e). 
 
 On the trial of a petition complaining of an undue return and 
 claiming the seat for some person, the respondent may give evidence 
 to prove that the election of such person was undue, in the same 
 manner as if he had presented a petition complaining of such 
 election (_/). 
 
 Note 3. — Double return. By sect. 2 of the Ballot Act, 1872, if 
 the votes for any candidates at an election for a county or borough 
 are equal, and the addition of a vote would entitle any of such 
 candidates to be declared elected, the returning officer, if he is a 
 registered elector, may, but he need not, give such additional vote, 
 but he shall not in any other case be entitled to vote at an election 
 for which he is returning officer {g). If the returning officer cannot 
 vote, or does not choose to do so, he is to make a double return. 
 
 (y) (1R81) 4 0. & H. 1!). (cZ) (1892), Day's Election Cases, 21, 22. 
 
 (z) n,kl. IS— HI. (e) (1893), 4 0. & H. 203. 
 
 (_«) Parliamentary Elections Act, 1868, (/) Ballot Act, 1872, s. 61. 
 
 ss. 5, 40, 52, 53. (^) Ibid. s. 2. There was a double 
 
 (V) Ihid. ss. 52, 53. return for Horsham in 1868 which 
 
 ((■) Ihid. s. 40. was dealt with under this section. It 
 
SECURITY FOR COSTS. 193 
 
 Art. 35. — Security for Costs. 
 
 At the time of presentation of a petition, or within three clays after- 
 ivards, security has to be given on behalf of the petitioner for the 
 payment of all costs, charges and expenses that may become payable by 
 him — (1) to any person summoned as a witness on his behalf; or (2) to 
 the member whose election or return is complained of{i). 
 
 The amount of security required is £1,000, and it must be given 
 either by recognisance to be entered into by any number of sureties not 
 exceeding) four, or by a deposit of money, or partly in one way and partly 
 in the other (k) . 
 
 Note 1. — Security . , , by recognisance. The recognisance as 
 security for costs may be acknowledged before a judge at chambers 
 or the master in town, or a justice of the peace in the country (I). 
 
 There may be one recognisance acknowledged by all the sureties, 
 or separate recognisances by one or more, as may be convenient (Z). 
 
 The recognisance shall contain the name and usual place of abode 
 of each surety, with such sufficient description as shall enable him 
 to be found or ascertained (m) . 
 
 For form of such recognisance see Appendix VI., Form 27, infra. 
 
 The recognisance or recognisances shall be left at the master's 
 office by or on behalf of the petitioner in like manner as before 
 prescribed for the leaving of a petition forthwith after being 
 acknowledged (n). 
 
 Note 2. — Security . . . by a deposit of money. The deposit of 
 money by way of security for payment of costs, charges and expenses 
 payable by the petitioner shall be made by payment into the Bank 
 of England to an account to be opened there by the description of 
 " The Parliamentary Elections Act, 1868, Security Fund," which 
 shall be vested in and drawn upon from time to time by the Lord 
 Chief Justice of England, for the time being, for the purposes for 
 which security is required, and a bank receipt or certificate for 
 the same shall be forthwith left at the master's office (o). 
 
 The master shall file such receipt or certificate, and keep a book 
 open to inspection by all parties concerned, in which shall be entered 
 from time to time the amount and the petition to which it is 
 applicable (f)). 
 
 seems that a treble return, such as there jVm'wood (1869), L. K. 4 G, P, 235. 
 
 was for Knaresborough in 1852, would be (Q Petition Eules, r. 18. 
 
 dealt with in a similar way. (»0 Ibid. r. 19. 
 
 (i) Parliamentary Elections Act, 1868, (») Ibid. 
 
 B. 6 (4). (») Ibid. r. 16. 
 
 (JO Ibid. d. 6 (5) ; and see Fease v. (^) Ibid. r. 17. 
 
 L.E. O 
 
194 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Akt. 36.— Who may be Respondent, and what Notice 
 must be served upon Him. 
 
 The person ivhose o-eturn is petitioned against is the only person who 
 can he made respondent (q), except a returning officer, and within five 
 days of the presentation of the petition, exclusive of the day of presenta- 
 tion, the petitioners must serve notice of the presentation and of the 
 proposed security on the respondent, together luith a copy of the 
 petition (r). 
 
 In Scotland, such notice must be served loithinfive days, inclusive nf 
 the day of presentation (s). 
 
 Note. — A person who assumes that he has been elected, and acts 
 accordingly, may be made respondent to a petition. Thus, in Yates 
 V. Leach (t), where A. and B. were candidates for the office of town 
 councillor, and A. obtained a majority and was declared elected, 
 but being disqualified refused to serve, and B. thereupon claimed 
 to be elected and acted for a time, it was held that the proper form 
 of proceeding was by petition ; and, both candidates having been 
 made respondents, the Court refused an application by B. to have 
 his name struck out of the petition. As the respondent, B., would 
 neither resign nor disclaim the office, it was not open to him to say 
 that he was not properly made a respondent (m). 
 
 Aet. 37.— Application to Stay the Proceedings or Dismiss 
 
 the Petition. 
 
 Any application to stay the proceedings or dismiss the petition must 
 he made by tcay of motion, of which due notice must he given to the 
 petitioner, zvho has the right of being heard and of giving any explana- 
 tion that he may have to give ivith regard to the allegations made 
 against him (x). 
 
 Art. 38. — Withdrawal of Petition. 
 
 A petition cannot he withdrawn ivithout the leave of the Court (which 
 must consist of two judges). Such leave must be obtained by special 
 application. No such application can be made for the withdrawal of 
 a petition until notice has been given, in the county or borough to 
 which the petition relates, of the intention of the petitioner to make an 
 application for the withdraival of his petition (y). Such notice must be 
 
 (?) Lovering v. Dawson (1875), L. R. 10 (k) Per Lord Coleridge, C J., in Lowering 
 
 C- P- 717. V. Dawson (1875), L. R. 10 C. P. 714. 
 
 (r) f aiiijiinentary Elections Act, 1868, (x) Per Cave, J., in Stepmy (Borongli) 
 
 a. 8 ; General Rules (England), r. 13. (1886), Judgments, 89. 
 
 For Petition Rules, see Appendix III., (?/) Parliamentary Elections Act, 1868, 
 
 p. 369, infra. s. 35 ; Parliamentary Corrupt Practices 
 
 (.?) General Rules (Scotland), r. 5. Act, 1879, s. 2. 
 
 (i) (1874), L. R. 9 C. P. 605. 
 
WITHDRAWAL OF PETITION. 195 
 
 in writing and signed hy the petitioners or their agent {z). It must 
 state the ground on tchich the application is intended to be supported, 
 and must be left at the master's office (a) . A copy of such notice must 
 be given by the petitioner to the respondent and to the returning officer, 
 who must make it public in the county or borough to tvhich it relates, 
 and must be forthwith published in at least one newspaper circulatimi 
 in the place (b). 
 
 On the hearing of the application for tvithdraival any person, who 
 might have been a petitioner in respect of the election to which the 
 petition relates, may apply to the Court to be substituted as a petitioner 
 for the petitioner so desirous of withdrawing the petition (c). 
 
 The Cou/rt may, if it tliinks fit, substitute as a lu-iitioner any such 
 applicant as afbresaid ; and may further, if the proposed withdrawal 
 is, in the opinion of the Court or judge, induced by any' con-upt bargain 
 or consideration, by order direct that the security given on behalf of 
 the original petitioner shall remain as security for any costs that may 
 be incurred by the substituted petitioner, and that to the extent of the 
 sum named in such security the original petitioner shall be liable to 
 pay the costs of the sitbstituted petitioner. If no such order is made 
 with respect to the security given on behalf of the original petitioner, 
 security to the same amount as tvould be required in the case of a new 
 petition, and subject to the like conditions, must be given on behalf of 
 the substituted petitioner before he proceeds ivith his petition, and 
 within the prescribed time after the order of substitution. Subject as 
 aforesaid, a substituted petitioner shall stand in the same position, as 
 nearly as may be, and be subject to the same liabilities as the original 
 petitioner. 
 
 If a petition is withdrawn, the petitioner is liable to pay the costs of 
 the respondent. 
 
 Where there are more petitioners than one, no application to tvithdraw 
 41 petition can be made except ivith the consent of all the petitioners (c). 
 ■ In every case of the withdrawal of an election petition the Court 
 shall report to the Speaker whether in, its opinion the withdrawal of 
 such petition loas the result of any corrupt arrangement, or in considera- 
 tion of the withdrawal of any other petition, and if so the circumstances 
 attending the withdratcal (d). 
 
 Note. — " The withdrawal of an election petition must be by 
 leave of the judge, and if the judge sees that the withdrawal was 
 the result of any compromise to prevent evidence from being 
 brought forward, he ought not to allow a petition to be withdrawn, 
 
 (z) Petition Rules, r. 45 ; see Appen- (o) Parliamentary Elections Act, 1868, 
 
 ■dix III., infra. s. 35 ; Parliamentary Corrupt Practices 
 
 (a) Ibid. T. 46. Act, 1879, s. 2. 
 
 (J) Ibid. I. i7. (rf) Ibid. a. 36. 
 
 2 
 
196 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 but he ought, as far as he has power to do so, to insist upon the 
 petition being proceeded with " (a). 
 
 " When an election petition is presented, its very nature and the 
 provisions of the Acts relating to it render it impossible for the 
 Court to sanction any concession which may have the effect of pre- 
 cluding that full disclosure of the facts which it was one of the 
 objects of the statute to provide for, or of preventing that thorough 
 investigation which the Court is bound to make of all the charges 
 relied on by the petitioner, so far as the Court has means of doing 
 so within its reach, and can do so with justice and a due regard to 
 that regularity of procedure which is requisite in the administration 
 of justice "(6). "In this Act there are provisions which render it 
 impossible, if there are any indications of impurity in the election,, 
 to shorten the case by a concession between the parties, and which 
 really compel the judges to sit as long as there is anything which 
 can be brought before them, not only by the parties themselves, 
 but by the officer sitting here in the interests of the public, whose- 
 duty it is not to let anything drop which may tell in favour of the 
 theory that there has been improper conduct, so that it may not 
 escape notice or go unpunished, and still more perhaps in order 
 that there may not be that which was an intolerable burden upon 
 a place, namely, commissioners coming down to hold a further- 
 inquiry "(c). 
 
 Art. 39. — Abatement of Petition. 
 
 A 'petition is abated by the death of a sole petitioner or of the swvivor 
 of several petitioners. The abatement of a petition does not affect the 
 liability of the petitioner to the payment of costs previously incurred. 
 
 On the abatement of a petition notice of such abatement having taken 
 place must be given in the county or borough to which the petition 
 relates, in the same manner as notice of an application to withdraw a 
 petition, and within one calendar month after such notice is given, or 
 within such further time as the Court may allow, any person who 
 might have been a petitioner in respect of the election to ivhich the 
 petition relates may apply to the Court or judge by motion or summons 
 at chambers to be substituted as a petitioner. 
 
 The Court may, if it think fit, substitute as a petitioner any such 
 applicant who is desirous of being substituted and on whose behalf 
 security to the same amount is given as is required in the case of a 
 new petition {d). 
 
 (a) Per Grove, J., in North Durham 4 0. & H. 130 ; quoted -with approval by 
 
 (1874), 3 0. & H. 2. Andrevfs, J., in j\mih Meath (1892), i 
 
 (i) Per Andrews, J., in Mrth Meath 0. & H. 187, 188. 
 
 (1892), 4 O. & H. 187. (<i) Parliamentary Elections Act, 1868, 
 
 (e) Per Denman, J., in Ipswich (1886), s. 37 ; r. 50. 
 
ABATEMENT OF PETITION. 197 
 
 Note. — On the other hand, a petition is not abated by the death 
 of a respondent. " This is not a proceeding of a personal nature 
 against a dead man ; it is the assertion of a right in rem, a right to set 
 aside an undue return, and in no sense falls within the meaning of 
 the maxim ' Actio personalis moritur cum persona.' It is remarkable 
 how carefully the Parliamentary Elections Act, 1868, and the rules 
 recognise this distinction between an election petition and an ordinary 
 suit or action. The form of the petition given in the rules does not 
 name any respondent or pray any process against anyone. The 
 37th section of the Act provides that the petition shall abate by 
 the death of a sole petitioner, but there is no abatement whatever 
 by the death of a respondent, but a machinery is provided for 
 substituting a new respondent " (e). 
 
 Aet. 40.— Costs. 
 
 All costs, charges, and expenses of and incidental to the presentation of 
 apetition and to the proceedings consequent thereon, tcith the exception of 
 such costs, charges, and expenses as are hy statute otherwise pirovided for, 
 must he defrayed hy the parties to the petition in such manner and in 
 such proportions as the Court may determine, regard being had to the 
 disallowance of any costs, charges, or expenses, which may, in the 
 opinion of the Court, have been caused hy vexatious conduct, unfounded 
 allegations, or unfounded objections, on the part either of the petitioner 
 or the respondent, and regard being had to the discouragement of any 
 needless expense by throwing the burden of defraying the same on the 
 parties hy whom it has been caused, whether such parties are or are 
 not on the whole successful (/). 
 
 The Rides and Bcgulations of the Supreme Court of Judicature ivith 
 respect to costs to he allotved in actions, causes, and matters in the 
 High Court shall in principle and so far as practicable apply to 
 the costs of ptetition and other proceedings under the Parliamentary 
 Elections Act, 1868, and under the Corrupt Practices Act, 1883, and 
 the taxing officer shall not allow any costs, charges, or expenses, on a 
 higher scale than zvould be allowed in any action, cause, or matter in 
 the High Court on the higher scale as bettceen solicitor and client (g). 
 
 In Scotland the provisions of the Corrupt Practices Act, 1883, tvith 
 regard to costs do not apply, hut the costs of petitions and other pro- 
 ceedings under the Parliamentary Elections Act, 1868, and under the 
 Cpri-upt Practices Act, 1883, shall, subject to any regulations which 
 the Court of Session may make by act of sederunt, be taxed as nearly 
 as possible according to the same p)rincip)les as costs hettveen agent and 
 client are taxed in a cause in that Court, and the auditor shallnot allow 
 any costs, charges, or expenses on a higher scale (gg). 
 
 ■ (e) Per Lawson, J., in Tijiperan/ (1875), s. 41. 
 
 3 0. & H. 23— 2i. ' 0?) Corrupt Practices Act, 1883, s. li (3). 
 
 (/) Parliamentary Elections Act, 1868, (ss~) Ibid. s. 68 (17). 
 
198 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 Note 1. — With the exception of such costs, charges, and expenses, 
 as are by statute otherwise provided for. These costs, charges, and 
 expenses are — 
 
 (1) The expenses of the judge and of his reception by the sheriff 
 or mayor at the place of trial and of the court and of any witness 
 whom the judge may think fit to call and examine, which are to 
 be paid by the Treasury Qi) : 
 
 (2) The costs of the respondent where the petition is withdrawn, 
 which must then be paid by the petitioner (i) : 
 
 (3) The costs of the publication of anything required to be pub- 
 lished by the returning officer, which the petitioner must pay in the 
 first instance (ft). They, however, form part of the general costs of 
 the petition, and therefore, if the Court orders the respondent to 
 pay the petitioner his costs, the petitioner would be entitled to 
 repayment of these costs paid to the returning officer : 
 
 (4) The costs of objections to the recognisances, which are in the 
 discretion of the judge or of the master (l), i.e. to be paid by the 
 party ordered to pay them, independently of the result of the 
 petition ; and in default of such order they are to form part of the 
 general costs of the petition : 
 
 (5) The expenses of the solicitor or assistant solicitor to the 
 Treasury (»n). 
 
 Under the Corrupt Practices Act, s. 44, the Court has power in 
 certain cases to order the costs to be paid by the county or borough 
 or a particular person. This section provides that where, upon the 
 trial of a petition respecting an election for a county or borough, it 
 appears to the election court that a corrupt practice has not been 
 proved to have been committed in reference to such election by or 
 with the knowledge and consent of the respondent to the petition, 
 and that such respondent took all reasonable means to prevent 
 corrupt practices being committed on his behalf, the Court may 
 make one or more orders with respect to the payment either of the 
 whole or such part of the costs of the petition as the court may 
 think right, as follows : — 
 
 (a) If it appears to the Court that corrupt practices extensively 
 
 prevailed in reference to the said election, the Court may 
 order the whole or part of the costs to be paid by the 
 county or borough ; and 
 
 (b) If it appears to the Court that any person or persons is or are 
 
 proved, whether by providing money or otherwise, to have 
 
 (/() Parliaraentaiy Elections Act, 186S, (/<) Petition Rules, r. 12. 
 
 i^s, 2S, 30, 31, 32 ; i2 & -13 Vict. c. 75, s. 2. (Q Rule 27. 
 
 (i) Parliamentary Elections Act. 1868, (m) Corrupt Practices Act, 1883, s. 
 
 s. 35. 43 (;n). 
 
COSTS. 199 
 
 been extensively engaged in corrupt practices, or to have 
 encouraged or promoted extensive corrupt practices in refer- 
 ence to such election, the Court may, after giving such person 
 or persons an opportunity of being heard by counsel or solicitor 
 and examining and cross-examining witnesses to show cause 
 why the order should not be made, order the whole or part 
 of the costs to be paid by that person, or those persons, or any 
 of them, and may order that if the costs cannot be recovered 
 from one or more of such persons they shall be paid by 
 some other of such persons or by either of the parties to the 
 petition (w). 
 The same section provides that, where any person appears to 
 the Court to haVe been guilty of the offence of a corrupt or illegal 
 practice, the Court may after giving such person an opportunity of 
 making a statement to show why the order should not be made, 
 order the whole or any part of the costs of or incidental to any 
 proceeding before the Court in relation to the said offence or to the 
 said person to be paid by the said person (o). 
 
 Under this section the Court in Rochester (p) directed that two 
 persons whom they had decided to report as guilty of treating should 
 pay so much of the Public Prosecutor's costs as referred to them. 
 
 Note 2. — The ordinary rule is that costs follow the event (q). — 
 " The intention of the Legislature was to put this question of costs 
 on the same footing as in an ordinary action, and as a general rule 
 the costs ought to be paid by the unsuccessful party " (r). 
 
 " I need hardly say," said Blackburn, J., in Bridgioater (s), " that 
 in a case like this where the petitioners have succeeded, the ordinary 
 rule is that the petitioners have costs, and as there is no reason to 
 depart from the ordinary rule, the petitioners must have costs." 
 
 What is " the event " ?— In Petersfield (2 0. & H. 99), where 
 there was a claim (1) to unseat the respondent for corruption, and 
 (2) a claim for the seat on a scrutiny, this was regarded as divisible 
 into two cases for purposes of costs, and as the claim to unseat the 
 respondent for corruption failed, the costs of that part of the case 
 were ordered to be paid by the petitioner, before the result of the 
 scrutiny. 
 
 Exceptions. — There -are, however, certain exceptions to the 
 ordinary rule that costs follow the event — (1) If the respondent has 
 
 («) Corrupt Practices Act, 1883, ss. ibid, ^o ; Belfast (Wesf), ihidi W9 ; Wor- 
 
 U (1), 58. cester, ibid. 154 ; Clare (East), ibid. 166 ; 
 
 (») Ibid. s. 44 (2). Halifax, ibid. 204. 
 
 (p) (1892), 4 0. & H. 161. (?■) Per Willes, J., in Windsor (1869), 
 
 (?) Barrow-in-Furness (1886), 4 0. & H. 1 0. & H. at p. 7. 
 
 83 ; St. Andrews, ibid. 33 ; J,ondimde)ry, (.s) (1869), 1 0. & H. 116. 
 ibid. 104 ; Aylesbury, ibid. 64 ; Kensington, 
 
200 THE LAW OF PARLIAMENTARY ELECTIONS. 
 
 committed breaches of the law, though not such as to render the 
 election void (i) ; (2) if there was reasonable and probable cause for 
 presenting the petition (w). On each of these grounds the judges 
 refused to order the petitioner, though unsuccessful, to pay costs. 
 
 In Coventry (x) Willes, J., said : " As a rule, costs ought to follow 
 the event, and in ordinary actions they almost invariably follow it, 
 the exceptions being rare. I did intend to deal with these cases as if 
 they were ordinary suits between party and party. I have, how- 
 ever, become deeply impressed with the feeling that there is a third 
 party, no less interested than those who are immediately engaged 
 in the petition, and that I ought in each case to consider, not 
 merely whether the petition has failed or has succeeded, but 
 whether upon the whole I think there are grounds, not founded 
 merely upon the truthfulness of witnesses but founded upon the 
 very character and history of the transaction, upon which it was for 
 the public benefit that the petition should be presented, and upon 
 which I think that the petitioners have had reasonable and probable 
 cause for instituting the inquiry, I shall say no more upon that 
 point, unless it is desired that I should do so. I think this is a case 
 in which a petition has been most reasonably presented and prose- 
 cuted ; and, therefore, I say nothing about the costs, although the 
 petitioner has in the end, in my mind, altogether failed of arriving 
 at the result of unseating the members." 
 
 In Salisbury (y) Manisty, J., said: "As a rule costs follow the 
 event, but in this case I think there are exceptional circumstances 
 which fully justify us in the conclusion at which we have arrived. 
 I think the conduct of the respondent's agents in employing so 
 many paid voters, and the illegal act of the respondent's election 
 expenses agent, in not complying with the Act of Parliament by 
 sending to the returning officer a detailed statement of all the 
 election expenses, with the bills and vouchers relating to them, 
 including, as it ought, the list of all the persons employed in any 
 paid capacity on behalf of the candidate, fully justified the peti- 
 tioners in instituting and in prosecuting this inquiry. If authority 
 be needed to support this view there is abundant authority, but it is 
 unnecessary for me to refer to it. Then there is the admitted fact 
 that the election expenses agent purposely . , , withheld the par- 
 ticulars required by the Act of Parliament because a petition was 
 imminent or pending," 
 
 On the other hand, the successful petitioner has been deprived of 
 
 (0 Londondervii (1869), 1 0. & H. 277 ; Ciiveidnj, ibid. HI. 
 Solton (1874), 2 0. & H. 150 ; Stroud, (aj) (1869), 1 0. & H. Ill ; see also 
 
 liid. 185. Km-wich, ibid. 12 ; Tamworth, ibid. -88. 
 
 («) Mcstmbistei- (1869), 1 0. & H. 96 ; (y) Salisbury, 4 0. & H. 30, 31. 
 
COSTS. 201 
 
 costs in consequence of his own improper conduct — (1) in delivering 
 misleading or oppressive particulars (z) ; (2) in making unfounded 
 charges (a) ; (3) in not sufficiently preparing his case and so wasting 
 time (b) ; (4) in presenting a fishing petition (c). 
 
 The Court may order the costs of part of the case to be paid by 
 either party if such costs have been caused by improper evidence (d), 
 or unnecessary charges (e), or preparing for a scrutiny which has 
 been abandoned (/) , or matters in respect of which no evidence is 
 offered (^f), or charges which have failed (7i). 
 
 Note 3. — The taxing officer shall not alloiu any costs, charges, or 
 expenses, on a higher scale than ivould be allowed in any action, cause, 
 or matter in the High Court on the higher scale as bettueen solicitor 
 and client. 
 
 The onus is on the applicant for an order that the costs be taxed 
 on the higher scale to satisfy the Court that there are special 
 grounds for the order asked for arising out of the nature, or im- 
 portance, or difficulty or urgency of the case (i). In Kennington (k) 
 and Montgomery (l), the Court made such an order, but refused it in 
 East Manchester (m) and Hexham {n). 
 
 («) Hereford (1869), 1 0. & H. 197; (/■■) Ntyrwich (1869), 1 0. & H 12; 
 
 Nmwwh (1871), 2 0. & H. 42 ; Bristol Sewdley, ibid. 21 ; Westlury, ibid. 56. 
 
 (1870), 2 0. & H. 28 ; Puntefract (1893), (y) Ipsvnch (1886), 4 O. & H. 75. 
 
 4 0. & H. 201. Ill) Meatk iNoHlC), Judgments, 42 ; 
 
 (a) Westbury (1869), 1 0. & H. 56 ; Meath (^South'), ibid. 37. 
 
 Longford (1870), 2 0. & H. 17. (/) Rules of the Supreme Court, Order 
 
 (J) Wallingford (1869), 1 0. & H. 61. LXV., rr. 8, 9. 
 
 (c) Poole (1874), 2 0. & H. 127. (It) (1886), 4 0. & H. 95. 
 
 Id) Kidderminster (1874), 2 0. & H. (I) (1892), 4 0. & H. 170. 
 
 '8. (m) Jiid. 122. 
 
 («) Stroud (1874), 3 0. & H. 12. (n) Ibid. 151. 
 
APPENDIX I. 
 
 ON THE CONDUCT AND TRIAL OF AN 
 ELECTION PETITION. 
 
 All petitions under the Parliamentary Elections Act, 1868, must be 
 presented in Englqjnd and Ireland to the King's Bench Division of the 
 High Court of Justice and in Scotland to either division of the Inner 
 House of the Court of Session (a). 
 
 Petitions are presented by leaving them at the office of the master of 
 the King's Bench Division nominated by the Lord Chief Justice of 
 England in England and of Ireland in Ireland, and the master must 
 give a receipt {b). 
 
 The official in Scotland who corresponds for this purpose to the 
 master in England is such one or more of the principal clerks of 
 Session as may be determined by the Lord President of the Court of 
 Session (c). 
 
 With the petition must also be left — (1) a copy thereof for the master 
 to send to the returning officer pursuant to sect. 7 of the Parliamentary 
 Elections Act, 1868 (d) ; and (2) a writing signed by the petitioners or 
 on their behalf, giving the name of their agent, or stating that they act 
 for themselves, as the case may be, and in either case giving an address 
 within three miles from the General Post Office at which notices 
 addressed to them may be left (e). 
 
 On presentation of the petition the master must send a copy thereof 
 to the returning officer of the county or borough to which the petition 
 relates, who must forthwith publish the same in the county or borough, 
 as the case may be (/). 
 
 In Scotland the principal clerk must upon presentation of the petition 
 forthwith send a copy of it to the returning officer in pursuance of 
 sect. 7 of the Act (g), but the petitioners are not required, as in England, 
 by the rules to leave a copy of the petition for that purpose with the 
 principal clerk. 
 
 What a petition must contain. — The petition must state the right of 
 the petitioner to petition within sect. 5 of the Parliamentary Elections 
 Act, 1868, and the holding and result of the election, and the facts 
 and grounds relied on to sustain the prayer (Ii). 
 
 The petition must be divided into paragraphs, each of which, as nearly 
 
 («) Parliamentary Elections Act, 186S, Rules are set out in Appendix III., p. 369, 
 
 ss. 5, .58 (1), amended as to England by i/ifra. 
 
 3(; 4: 37 Vict. c. 66, s. 32 ; and see Order '(^0 Parliamentary Elections Act, 1868, 
 
 in Council, December 16, 1880; and as c. ,58, s. 12. 
 
 to Ireland by 40 & 41 Vict. u. ."i7, and 50 (rf) General Rules (England), r. 1. 
 
 Vict. c. 6, s. 2 ; and see Order in Council, (<■) Ihid. r. 9. 
 
 July 6, 1887. (/) Ibid. s. 7. 
 
 (*) Parliamentary Elections Act. s. (j ; (j/) General Rules (Scotland), r. 15. 
 
 General Rules (England), r. 1. These (A) General Rules (England), r. 2, 
 
204 APPENDIX I. 
 
 as may be, must be confined to a distinct portion of the subject, and 
 every paragraph must be numbered consecutively (i). 
 
 The petition must conclude with a prayer, as, for instance, that some 
 specified person should be declared duly returned or elected, or that the 
 election should be declared void, or that a return may be enforced, as the 
 case may be, and must be signed by the petitioner or petitioners (j). 
 
 Evidence need not be stated in the petition, but by rule 6 of the 
 Election Petition Rules the Court may order such particulars as may be 
 necessary to prevent surprise and unnecessary expense, and to ensure 
 a fair and effectual trial, in the same way as in ordinary proceedings in 
 the King's Bench Division in the High Court of Justice, and upon such 
 terms as to costs and otherwise as may be ordered. The order 
 usually requires these particulars to be delivered within seven days(^y). 
 
 Care should be taken to draw the petition in such a way as to enable 
 the petitioner to bring forward all the charges on which he means to 
 rely, for the petition may limit the charges to be brought, and if the 
 charges are limited by the petition the judges have no power, to extend 
 them (k). 
 
 " I should much prefer," said Bruce, J., in Lancaster {l), " to see in a 
 petition, instead of a general allegation of corrupt and illegal practices, 
 separate paragraphs setting out the character of the offences charged 
 against the respondent, so that he might be informed from the first of 
 the general character and nature of the charges preferred against him." 
 
 Particulars. — " No particulars ought to be delivered," said Cave, J., 
 in Pontefract {in), "unless the petitioner has in his possession some 
 evidence in support of them which he can lay before the Court. 
 Suspicion is not sufficient to justify the insertion of a charge in the 
 particulars. That may justify the wideness of the petition, but it does 
 not justify the wideness of the particulars, because they are intended to 
 give the respondent notice of what are the charges which are intended 
 to be proved against him, and it is necessary for his defence that he 
 should at once incur the expense of investigating those cases and of 
 preparing himself for trial. ' ' And, again, in Mancliester {ii) the same judge 
 said : " Those who draw particulars should understand they are not at 
 liberty to throw charges about broadcast, but should confine themselves, 
 as far as can reasonably be done, to those charges which they actually 
 have the means, or expect to have the means, of establishing at the trial." 
 
 Special care should be taken not to insert any allegation that the 
 respondent has been personally guilty of corrupt practices, unless there 
 be some very good grounds to support it (o). 
 
 In Montgomery {p) Wills, J., said : " I am very sorry that such a 
 multitude of particulars has been put in in this case. They go far 
 beyond any of the evidence in the possession of the petitioners. The 
 result is an outpouring of expense ; every one of those cases must be 
 investigated. To force the respondent to investigate and meet a great 
 number of cases which are not to be proceeded with is very unfair 
 to him." And in Worcester {q) the same judge said: "To deliver 
 
 CO General Kules (England), r. 3. (»() (1892), 4 0. & H. at p. 202. 
 
 O') lUd. r. 4. ' (») (1892), Day's Election Cases, l-")3, 
 
 (jj) La7waster (\ii^%), 5 0. & H. 39; ITil. 
 
 Shureditok, ibid. 68. (o) Per Hawkins, J., in lewkesiiiry 
 
 (70 Per Cave, J., in Manekcxter (1892), (1880), 3 0. & H. 99. 
 
 Judgments, 101. (;/) (1892), Day's Election Ca.ses, 
 
 (0 Per Bruce, J. (1896), .". 0. & H. 41. 152. 
 
 42. (5^) (1892), ibid. 88. 
 
PARTICULARS. 205 
 
 particulars which contain nothing but the name of the candidate and the 
 character of the offence suggested and leave everything else in blank, 
 and to attempt under them to fish out some possible material from 
 which the blank may be filled up, is an abuse of procedure." 
 
 "Where, however, the petitioner does not seek to have the election 
 declared void, but merely claims the seat alleging that he (the unsuccess- 
 ful candidate) had a majority of legal votes, and asks for a scrutiny and 
 recount of the votes, rule 6 of the Petition Eules (which is set out 
 p. 204, above) as to ordering particulars does not apply. In such a case 
 rule 7 (r) is exclusively applicable, and therefore an order for particulars 
 cannot be made (s). 
 
 Time within luhich additional 'particulars may he given, and what they 
 may contain. — As has been pointed out on p. 190, supra, the petition 
 must be delivered within a specific and limited time under the Parlia- 
 mentary Elections Act, 1868, s. 6, and the Corrupt Practices Act, 1883, 
 s. 40; and suflScient particulars of the matters relied on to prevent 
 surprise and unnecessary expense must be stated in the petition, or 
 may be ordered by the Court. 
 
 Where particulars have been delivered they can be amended by leave 
 of the Court, so as to cover other charges within the petition where the 
 omission is due to the fact that the other charges had not been dis- 
 covered when the particulars were delivered (a), or where the omission 
 is caused by mistake (6). The application for leave to amend must be 
 made on affidavit (c). 
 
 " The Court ought not to allow particulars to be amended in such a 
 way as to bring in charges which were not pointed out by the petition. 
 Charges in an election petition are of a very serious nature, and cannot 
 be dealt with in the same way as particulars in a civil action. It is the 
 duty of the Court to see that such charges should be formulated in 
 definite form, and should not be brought by the petitioners, from time to 
 time, after the expiration of the statutory period fixed by the Act of 
 Parliament "(cc). 
 
 In St. George's Division (d) the Court granted the petitioner leave to 
 amend his particulars on the ground that the amendment asked for was 
 not an amendment in point of fact, but for the purpose of supplying a. 
 mere mechanical and accidental defect. 
 
 In Dublin (e) Keogh, J., said as to the amendment of particulars : 
 " It is right that, following the principles of the House of Commons, Usts 
 of particulars should be given, but I will not shut out the parties in any 
 fair case from going beyond the Ust. ... I shall allow the utmost 
 latitude to amend, unless it is a case in which I see that the party kept 
 back information at the time the list was furnished." 
 
 In Longford (/) Fitzgerald, J., said : " On an appUcation for leave to 
 amend particulars in consequence of facts subsequently discovered, I 
 would not hesitate, in case, for instance, of bribery or undue influence, to 
 give the utmost latitude to petitioners, even though the name be not in 
 the bill of particulars . . . but as to this case of individual treating,. 
 
 ()•) Set out on p. 370, infra. (cc) Per Bruce, J., in Lancaster (1896), 
 
 (») Purness v. Beresford, [1898], 1 Q. B. 41, 42. 
 495. ((?) (1895), 5 0. & H. 90 ; see also- 
 
 (a) Pontefract (1893), Day's Election Lmdonde.rry (1869), 1 0. & H. 275. 
 Cases, 15. (e) (1869), 1 0. & H. 271, 272. 
 
 (6) Harwich (1880), 3 0. & H. 61. (/) (1870), 2 0. & H. 9. 
 
 (c) ^[''igan (1869), 1 0. & H. 189. 
 
206 APPENDIX I. 
 
 ■which may be quite capable of explanation, and which ought to have 
 been inquired into beforehand, I do not think I ought to depart 
 from the ordinary practice. Though I am here to represent the public, 
 there are individual interests concerned, and even the public may be 
 injured by inquiry into a matter as to which there is no opportunity of 
 giving an explanation." 
 
 On the application to insert a fresh name in the particulars, 
 Hughes, B., in Waterford (g) said : " It cannot be done as a matter 
 of course, but, on the other hand, I will not shut out any evidence that 
 could be given, unless I see clearly that it would be taking some unfair 
 advantage of the opposite party. What we did on the last trial here 
 was this, when a name was mentioned as an important name, which was 
 not in the particulars, notice was required to be served for the next 
 morning to amend in respect of that particular name, and then inquiry 
 was made on the oath of the attorney as to when he heard the name 
 first." 
 
 In Bristol (K) it was objected that the name of the person alleged to 
 have been bribed was not in the particulars delivered, and Bramwell, B., 
 said : " I do not like to shut out any evidence. It is not in accordance 
 with the order, but I shall not disallow it, because, as there is no jury, I 
 should prefer to hear the evidence ; and if I see any improper prejudice 
 towards the respondent I shall know how to deal with it. ... If I come 
 to the conclusion that the suppression of the name has been wilful, I 
 shall know what value to put upon the rest of the evidence given as to 
 this matter ; and if I find that any injury has been sustained by the 
 respondent, I must endeavour to make amends to him in some way or 
 •other by giving him every opportunity of making inquiry into the case, 
 but as at present advised I am resolved to admit the evidence." 
 
 It is not, however, open to the petitioner to introduce into his par- 
 ticulars a fresh charge not within the petition (i), nor can he, after the 
 time for delivering particulars under an order of the Court has expired, 
 deliver additional particulars containing a fresh charge not covered by 
 particulars already delivered. The latter question was raised in 
 Lancaster {j), and Pollock, B., said: " The point we have to decide 
 involves a very important question — and it is the first time that it has 
 been broadly raised — as to within what time particulars may be allowed 
 to be given and in what aspect the Com-t is to look upon those parti- 
 culars. . . . The present petition has been drawn up in a general form, 
 and no one has a right to gain any indirect advantage by reason of its 
 being so drawn. ... It would be dealing extremely harshly if time and 
 advantage were given to the petitioners' by reason of the general form in 
 which the petition has been brought. That was not the intention of the 
 Act, and we must see that we do nothing contrary to it. The intention 
 of the Act was, as shown by sect. 40, to limit the time within which 
 charges could be made. The additional particulars must be struck out." 
 
 In Manchester (k) it was held that, where the petition contains charges 
 of general treating, it is necessary to give in the particulars every 
 particular street in which it is alleged that drunkenness went on, 
 and therefore evidence was held to be inadmissible as to a certain 
 public-house, where such public-house had not been mentioned in the 
 
 (f/) (1870), 2 0. & H. 25. Cases, 15. 
 
 (70 Ibid. 28. ( j-) (1896), 5 0. & H. at p. 41. 
 
 (0 Montgomery (1892), Day's Election (A) (1892), 4 0. & H. 121. 
 
AMENDMENT OF PETITION, 207 
 
 particulars. On the other hand, in Beverley hi) Martin, B., allowed 
 proof of a system of corruption to be illustrated by particular cases not 
 named in the particulars ; and in Wigan (x) it was held that in order 
 to support an allegation of general treating names of persons treated 
 need not be given in the particulars. 
 
 Where the petitioners are under the order for particulars precluded 
 at the trial of the petition from going into any case of which the afore- 
 said particulars have not been delivered, " they must," said Grove, J., in 
 Wigan (y), "give particulars of the time and place and persons, so far 
 aa they can, where the alleged drinking or the alleged bribery has taken 
 place. Of course, the particulars of bribery must be more specific than 
 the particulars of drinking, because you do not bribe hosts of people 
 generally. I think that ... it would be open to us to allow evidence 
 to be given that other persons were there and that there was general 
 drinking. ... Of course, general corruption can only be established by 
 a considerable number of cases being proved, and we are the judges of 
 that. One case would not do it, and three might not ; but if it came 
 to twenty or thirty it might amount to general treating. I do not see 
 how that can possibly be shown except by admitting this evidence." 
 
 In the same case, Bowen, J., said (z) : " The object of these par- 
 ticulars is simply to prevent surprise and unnecessary expense. . . 
 In this case fuU particulars have been given, a number of names have 
 been given of persons who are supposed to have been treated or bribed 
 at particular places, and at the end of the list of names comes this, that 
 persons are supposed to have been bribed whose names are at present 
 unknown ; and the persons who are presenting the election petition 
 may really be bond fide ignorant of the names of the persons who were 
 receiving bribes or being treated at that particular place ; and they 
 ought not to be prevented from going into those cases simply because 
 they cannot give the names of the persons with respect to whom the 
 criminal act is supposed to have been committed. What they are 
 bound to do is to tell the most they can at the time these particulars are 
 given ; and at all events, before the trial, to tell as much as they can to 
 put the sitting member and his counsel upon inquiry, and to prevent 
 surprise or expense. . . . Grove, J., has pointed out that this is not 
 a fresh case which is being started, and his observations are in accord- 
 ■anoe with what I find in the judgment of Martin, B., in Beverley, where 
 he points out that the object of the particulars is not to limit the 
 witnesses called, but merely to limit the acts relied upon for the purpose 
 of unseating the respondent. I should be perfectly prepared to take 
 broader grounds and to say that a judge sitting here to try the election 
 petition can at any moment receive any evidence, provided he takes 
 oare that there is no surprise upon the sitting member by its being 
 tendered.'' 
 
 Amendment of petition. — Any election petition presented within the 
 time limited by the Parliamentary Elections Act, 1868, may for the 
 purpose of questioning the return or the election upon an allegation of 
 an illegal practice be amended with the leave of the Court within the 
 time within which a petition questioning the return upon the aUegation 
 of that illegal practice can be presented (a). This applies in the case of 
 an offence relating to the return and declarations respecting election 
 
 («) (1869), 1 0. & H. 143. (z) (1881) 4 0. & H. 3, i. 
 
 (j;) (1869), 1 0. & H. 189. (a) Corrupt Practices Act, 1883, s. 
 
 (y) (1881), 4 0. & H. 2, 3. 40 (2). 
 
208 APPENDIX I. 
 
 expenses in like manner as if it were an illegal practice, and also applies 
 notwithstanding that the act constituting the alleged illegal practice 
 amounted to a corrupt practice (z). 
 
 An amendment will also be allowed in respect of an illegal payment, 
 employment or hiring which was not an illegal practice (a). The 
 application to amend must be made to one of the election judges (6). 
 
 An amendment in the petition will not be allowed in the course of 
 the case, where the proposed amendment would amount to a virtual 
 amendment of the petition. In Manchester (c) the Court refused to 
 allow an amendment which would have allowed the petitioner to rely 
 upon an offence under sect. 7 of the Corrupt Practices Act, 1883, where 
 the petition clearly pointed to an offence under sect. 14. 
 
 Commission. — A commission will be issued to examine a witness who 
 is too ill to attend the trial (d). 
 
 The Court has no power to make a general order for discovery of 
 documents (e) or for interrogatories to be administered (/). 
 
 Inspection of documents. — Under the Ballot Act, 1872, Sched. 1, 
 rr. 40 and 41, an order can be obtained for inspection of — (1) rejected 
 ballot papers ; (2) counted ballot papers ; (3) counterfoils. On making 
 and carrying into effect any such order, care must, however, be taken 
 that the mode in which any particular elector has voted shall not be dis- 
 covered until he has been proved to have voted, and his vote has been 
 declared by a competent Court to be invalid {g). 
 
 The practice of granting inspection of documents under the Ballot 
 Act is to be regulated by the same rules as in ordinary cases, subject to 
 due precautions being taken to ensure secrecy of voting (h). 
 
 An application for inspection of rejected ballot papers must be made 
 to a judge at chambers (i), and from his order an appeal would he to the 
 Court. In the case of an application for inspection of counted ballot 
 papers or counterfoils, the application must be made direct to the 
 Court (^y 
 
 In Tyrone (k) an order was made that the Clerk of the Crown 
 should open the sealed packet of rejected ballot papers, and permit the 
 petitioner to inspect certain ballot papers alleged to have been wrongly 
 rejected by the returning officer on the ground that there were marks on 
 them by which the voters could be identified ; but the petitioner was 
 not allowed to see the numbers on the back of the ballot papers corre- 
 sponding with those on the counterfoils. 
 
 A strong case must be made on affidavit before an order can be 
 obtained for inspection of ballot papers or counterfoils (l). 
 
 All documents forwarded by the returning officer td the Clerk of the 
 Crown are open to inspection under certain prescribed regulations (»»), 
 without an order; and the petitioner wUl be allowed to inspect the 
 marked register of voters whether the petition does or does nbt pray for 
 
 (z) Corrupt Practices Act, 1883, s. 40 (.,/) Ballot Act. 1872, Sched. 1, r. 41. 
 
 (3). (/t) Per Brett, J., in Stowe v. JoUiffe 
 
 (a) Buclrose (1886), 4 0. & H. 116— (1874), L. E. 9 C. P. at p. 454. 
 
 117. (0 Eule 40, Sto-we v. Jolliffe (1874), 
 
 (J) Shaio V. RecUtt [1893], 1 Q. B. L. R. 9 C. P. 445, 446 ; Tyrone (1873), 7 
 
 779. Ir. E. G. L. 190. 
 
 (c) (1892), 4 0. & H. 121. (j) Hid. r. 41. 
 
 ((Z) Staleyhridge (1869), 1 0. & H. 57. (4) Tyrone, supra. 
 
 (e) Moore v. liennard (1883), 10 Q. B. D. (0 Stowe v. .lolUffe (1874), L. R. 9 C. P. 
 
 290. 446. 
 
 (/■) Wells T. Wren (1880), 5 C. P. 13. 546. {m) Ballot Act, 1872, Sched. 1, r. 42. 
 
TRIAL OF PETITION. 209 
 
 a scrutiny (u). Where the marked register was by mistake returned to 
 the Clerk of the Crown in the same sealed packet with the counterfoils 
 the Court granted an order for its inspection (v). 
 
 The Court has power to make an order for the production of telegrams 
 by the Post Office authorities (w). Care should be taken to make the 
 notice to produce sufficiently full and particular. 
 
 In Westminster (x), where notice had been given to produce " all 
 documents, books, and papers whatsoever and in any wise relating to 
 the matters in question in this case," Martin, B., held "that the notice 
 covered every document which ought to be filed, and ought to be 
 delivered to the returning officer," but that the notice was too general 
 to include all papers relating to the matter without being further 
 particularised. 
 
 Becount. — If a petition claims the seat and prays a recount, alleging 
 that the totals of the votes have been wrongly counted by the returning 
 officer, his decisien may be reviewed and the votes recounted (y). It 
 was formerly the practice to recount the votes at the trial (z), but in 
 recent years an order for a recount before the trial has often been 
 obtained (a). The application is made to an election judge by summons 
 supported by affidavits. 
 
 Venue. — By the Parliamentary Elections Act, 1868, s. 11 (11), the 
 trial of an election petition, in the case of a petition relating to a county 
 or borough election, shall take place in the county or borough respec- 
 tively : " provided always, that if it shall appear to the Court that 
 special circumstances exist which render it desirable that the petition 
 should be tried elsewhere than in the county or borough, it shall be 
 lawful for the Court to appoint such other place for the trial as shall 
 appear most convenient." 
 
 Such " special circumstances " exist where the allegations of fact in 
 a parliamentary election petition are not in dispute, but are specifically 
 admitted by the respondent so as to render it unnecessary at the trial 
 to call witnesses from the district in which the election took place (6). 
 There are, however, no such " special circumstances " in the fact that 
 the inquiry is of such a nature that the trial can be more cheaply and 
 conveniently held elsewhere (c). 
 
 In the case of a petition relating to any of the boroughs within the 
 metropolitan district, the petition may be heard at such place within the 
 district as the Court may appoint (d). 
 
 The time and place of trial is fixed by the judges on the rota (e). 
 
 Trial to take place before tioo judges of the King's Bench Division. — 
 The trial of every election petition takes place before two judges 
 of the King's Bench Division of the High Court of Justice, who are 
 selected from a rota which is formed every year (/). 
 
 The judges have the same powers, jurisdiction, and authority, as a 
 
 («) Ibid. Sclied. 1, Pt. 1, r. 42 ; James 548. 
 
 V. Seuderson (1874), 43 L. J. C. P. 238. (e) Lnivsm v. Cliester, Master [1893], 1 
 
 ())) StoK-c T. Jolliffe (1874), L. R. 9 C. P. Q. B. 245. See also Sligo (1869), 1 0. & 
 
 459. H. 300 : Collkis v. Price (1880), L. E. 5 
 
 (w) Harwich (1880), 3 0. & H. 62, 63. C. P. D. 544. 
 
 (») (1869), 1 0. & H. 93. ((f) Parliamentary Elections Act, 1868, 
 
 (y) Renfrew (1874), 2 0. & H. 213. s. 11 (11). 
 
 (z) Hid. ; Stepney Division (1886), 4 (e) Eule 31. 
 
 0. k H. 49—52. (/) Parliamentary Elections Act, 1868, 
 
 (a) Day's Election Cases, 17. s. 11 (1), (2) ; 42 & 43 Vict. c. 75, s. 2 ; 
 
 (J) Arch V. Bentinck (1887), 18 Q. B. D. 44 &: 45 Vict. c. 68, s. 13. 
 
 L.E. P 
 
210 APPENDIX I. 
 
 judge of one of the superior courts and as a judge of assize and nisi 
 prills, and the court held by them is a court of record (d). 
 
 The Court may from time to time, by order made upon the application 
 of a party to the petition, or by notice in such form as the Court may 
 direct to be sent to the returning of&cer, as the case may be, postpone 
 the beginning of the trial to such day as they may name, and such notice 
 when received must be forthwith made public by the returning ofl&cer(e). 
 
 In the event of the judges not having arrived at the time appointed 
 for the trial, or to which the trial is postponed, the commencement of 
 the trial shall ipso facto stand adjourned to the ensuing day, and so from 
 day to day (/). 
 
 No formal adjournment of the Court for the trial of an election 
 petition is necessary, but the trial is to be deemed adjourned, and may 
 be continued from day to day until the inquiry is concluded (g). 
 
 Proof of election. — It is customary to dispense with formal proof 
 that an election has been held, and in one case (h), where counsel for 
 the respondent contended that this must be strictly proved, Willes, J., 
 said : " I shall not require the election to be proved in any of these 
 cases ; the poll books are here, and they tell me that an election was 
 held." 
 
 Scrutiny. — When the petition claims the seat for the unsuccessful 
 candidate, alleging that he had the majority of legal votes, the method 
 of ascertaining the truth of the allegation is by a scrutiny of votes. 
 
 An inquiry in the form of a scrutiny consists in each party attacking 
 the votes on his opponent's poll and striking off any to which he can 
 establish a fatal objection, apart from the question of non-personal 
 qualification arising from non-residence, &c. (Iih), and adding to his own 
 poll any votes of which he was deprived at the counting of the votes, 
 either by reason of votes given for him having been rejected on insufficient 
 grounds, or in consequence of duly tendered votes having been refused. 
 
 In order to obtain a scrutiny, it is essential to allege that the person 
 for whom the seat is claimed has a majority of legal votes (i). 
 
 When a scrutiny is claimed, each party must deliver a list of the votes 
 intended to be objected to. By rule 7 (k), when a petitioner claims the 
 seat for an unsuccessful candidate, alleging that he had a majority of 
 lawful votes, the party complaining of or defending the election or 
 return must, six days before the day appointed for trial, deliver to the 
 master, and also at the address, if any, given by the petitioners or 
 respondent, as the case may be, a list of the votes intended to be 
 objected to, and of the heads of objection to each such vote {T), and 
 the master must allow inspection and office copies of such lists to all 
 parties concerned ; and no evidence may be given against the validity 
 of any vote, nor upon any head of objection, not specified in the list, 
 except by leave of the Court or judge, upon such terms as to amend- 
 ment of the list, postponement of the inquiry, and payment of costs, as 
 may be ordered. By rule 8{k), when the respondent complaining of an 
 undue return and claiming the seat for some person, intends to give 
 evidence to prove that the election of such person was undue, such 
 
 (d) Parliamentary Elections Act, 1868, (hh) See pp. 48 — .'JO, supra. 
 
 s. 29. (i) Gahvinj (1859), Wolf. & Dew. 136 ; 
 
 («) Rule 3i. Trench v. Xohm (1872), 6 T. E. C. L. 464. 
 
 (/) Rule 35. (7s) See p. •i70,iafra. 
 
 iff) Rule 36. {!,) For form of such list, see Form 39, 
 
 (/(.) Cocentnj (1869), 20 L. T. X. S. 40G. p. 434, infra. 
 
SCRUTINY. 211 
 
 respondent must, six days before the day appointed for trial, deliver to the 
 master, and also at the address, if any, given by the petitioner, a list of 
 the objections to the election upon which he intends to rely, and the 
 master must allow inspection and of&ce copies of such lists to all parties 
 concerned; and no evidence maybe given by a respondent of any 
 objection to the election not specified in the list, except by leave of the 
 ■Court or judge, upon such terms as to amendments of the list, postpone- 
 ment of the inquiry, and payment of costs, as may be ordered. 
 
 The six days mentioned above are six clear days exclusive of 
 .Sundays' («). 
 
 Votes may also be added to the poll if they have been duly tendered (nn) 
 at the election: e.g., where a ballot-paper has, in consequence of 
 personation or a mistake of the polling clerk, been given to someone 
 not entitled to it and subsequently the elector whose name is on the 
 register tenders jjis vote (o) ; or where the presiding officer refuses to 
 deliver a ballot paper to a person whose name is on the register, on 
 the ground of personal disqualification (oo). 
 
 On a scrutiny the inquiry into each vote is dealt with separately (^j). 
 The petitioner opens his case with any class of objections he may select : 
 the respondent answers and the petitioner replies. 
 
 When the petitioner has made out a majority by striking off or adding 
 votes, the respondent, if he can, then reduces it by similarly dealing with 
 class after class of objections, and so the scrutiny is continued until one 
 party or the other has no further objections to raise. 
 
 If at any time the respondent withdraws from the inquiry, the 
 petitioner must continue to strike off votes until the person for whom 
 the seat is claimed is in a majority ; and where the respondent has 
 been unseated, he may, if he can, prove that the petitioner is not 
 ■entitled to the seat. Thus, in Nonoich (g), where S. had been unseated, 
 •and it was argued that, in consequence, he had no further locus standi, 
 Martin, B., said : "Is not S. a respondent in respect of every matter 
 that you charge in your petition, and in respect of every claim you make 
 in your petition ? and has he not a right, as having been a candidate, and 
 though he may be unable to protect his own seat, to show that you are 
 not entitled to it?" 
 
 Votes which the Court will strike off on a scrutiny. — " The register of 
 voters is conclusive, not merely on the returning officer at the election, 
 but also on the election court holding a scrutiny, except in cases coming 
 withm the proviso (at the end of sect. 7 of the Ballot Act, 1872) " (r) — 
 i.e., in the cases of " persons prohibited from voting by any statute or by 
 the common law of Parliament." 
 
 These words " do not mean persons who from failure in the incidents 
 or elements of the franchise could be successfully objected to on the 
 revision of the register " (s), 
 
 (n) Joyce v. O'Donnell (,Galway) (187i), (<?) (1869), 19 L. T. N. S. 620. 
 
 22 \X. R. 65-t. (/■) Per Channell, J., in Penibrolte 
 
 (Jiffi) For form of List of Tendered Boroughs (1901), 5 0. & H. 143 ; and see 
 
 Votes, see Class 11, p. 426, infra. the observations of Lord Coleridge, C.J., 
 
 (o) St. Andrew's (1886), 4 0. & H. 32 ; in \Stowe v. JolUffe cited by Darling, J., 
 
 Stepney Division, ibid. 43; Cirencester in the same case at p. 139. 
 
 <1893), 4 0. & H. 194 ; see also pp. 50, 52, (s) Per Lord Coleridge, C.J., in Stowe 
 
 -■<upra, and p. 386, infra. v. JolUffe, supra ; see the judgment of 
 
 ioo) See pp. .48—50, supra. Darling, J., in Pembroke Sormiglis (1901), 
 
 (p) See observations of Willes, J., in 5 O. & H. 141. 
 
 yorthaXlerton (1869), 1 0. 4; H. 167. 
 
 P 2 
 
212 APPENDIX I. 
 
 The Court will not, therefore, on a scrutiny strike off the votes of 
 persons merely on the ground that they had not the necessary qualifica- 
 tion in one of the incidents or elements of the franchise. " The proviso 
 means persons who from some inherent or for the time irremediable 
 quality in themselves have not, either by prohibition of statutes or 
 at common law, the status of pariiamentary electors " {t). " In 
 other words, the register is made conclusive as to the qualifica- 
 tion, but this is not to entitle anyone to vote who is by statute or- 
 the common law of Parliament prohibited from voting even when 
 qualified " (u). 
 
 Thus, the Court will strike off on a scrutiny the votes of persons who 
 are disqualified from voting by the common law of Parliament or by 
 statute, whether they are on the register or not. A list of these persons 
 is given in Article 10, p. 46, sm|j;«. 
 
 The Court will also strike off votes on the ground that they have been 
 procured by bribery, treating, or undue influence, or that the voter has. 
 been guilty of personation or procuring the same. 
 
 " If pressure is put upon a man or a bribe is administered to him, no- 
 matter by whom, or refreshments are given to a man, no matter by 
 whom, for the purpose of affecting his vote, the effect is to annihilate- 
 the man's vote, because he gives his vote upon an influence which the 
 law says deprives him of free action ; he becomes a man incompetent 
 to give a vote, because he has not that freedom of will and of mind 
 which the law contemplates he ought to have for the purpose of voting.. 
 That . . . has the effect of extinguishing the vote, and if there was a 
 scrutiny for the purpose of ascertaining who has the majority of lawful 
 votes, that man's vote ought to be struck off the poll" (x). 
 
 In Stepney Division {y) a vote was struck off on the ground that 
 the children of the voter had been employed and paid as messengers, 
 by the respondent. It was proved that the father did not hand the 
 money over to the children as their earnings ; although, on the other 
 hand, the money was not paid to the voter until after the election, and 
 as a matter of fact he had not expected to be paid anything for his- 
 children's services. 
 
 In the same case (z) votes were allowed to stand, notwithstanding' 
 that the voter in one instance was paid the sum of 5s. for the loss of a hat 
 at a public meeting and the return of election expenses showed the pay- 
 ment in specific terms, and in another, payment was made to a voter for- 
 repairs done by him to the roof of a house which had been damaged by 
 reason of ropes having been attached to it for the purpose of suspending 
 a banner across the street. 
 
 The Court will also strike off (1) the votes of persons whose votes are 
 void through mistakes or irregularities at the poll, and (2) votes lost or- 
 thrown away. 
 
 An instance under the first of these heads was where the same voter 
 was entered on the register under two different names, and voted in 
 respect of each entry : one vote was struck off (b) . On the other hand. 
 
 (0 jPer Lord Coleridge, C.J., in Stotve (a;) Pn' 'M.artm,'B., in Bi'adfwd {\S69),. 
 
 v. Julliffe, mpra; see the judgment of 1 0. & H. 40; see also Oldham (1869), 1 
 
 Darling, J., in Pemiroke Sorovghs (1901), 0. & H. 161. 
 
 5 0. & H. Ul. (j/-) (1886), 4 0. & H. 38. 
 
 (u) Per Channell, J., in Pemirolie (z) Ibid. 39. 
 
 Boroughs (1901), 5 0. & H. 144. (*) Oldham (1869), 1 0. & H. 153. 
 
SCRUTINY, 2 1 o 
 
 ■where a mistake occurred in the description of the locality where a 
 voter's house was situate, the vote was held to be good ; the material 
 question being not whether the description was strictly accurate 
 or not, but whether the man was the voter intended to be on the 
 register (c). 
 
 Votes may be lost by the ballot paper coming within any of the objec- 
 tions set out in rule 36 of the Ballot Act, 1872 (see p. 35, supra, and 
 p. 290, infra), or by the vote being given at the wrong polling 
 station (cZ). 
 
 A vote will also be considered as lost or thrown away when it is given 
 lor a disqualified candidate — (1) after a sufficient notice of the disqualifi- 
 cation (e); or (2) knowing that the candidate is disqualified (/) ; or 
 (3) knowing the facts by reason of which the candidate is disqualified (g) ; 
 or (4) when the fact of the disqualification or the facts by which it is 
 caused are notorious (/) . 
 
 The effect of 'this would be that the candidate next on the poll, 
 though with a minority of actual votes, may be declared elected, pro- 
 vided that, after deducting the number of votes actually given, after 
 such notice or knowledge, for the disqualified candidate, the latter 
 would be found to be in a minority. This would be a very different 
 result from that of a respondent being unseated on the ground that he 
 was disqualified, where no sufficient notice or knowledge of the dis- 
 qualification was proved ; as in this latter case, though the respondent 
 would be unseated, yet the petitioner would not in consequence thereof 
 be entitled to the seat merely as being the next qualified candidate on 
 the poll : he must show that he had an actual majority of legal and 
 valid votes in order to obtain the seat (/t). 
 
 In order, therefore, to avoid the necessity of a second election, it is of 
 the utmost importance to the other candidates that a sufficient notice 
 should be given of the disqualification of the candidate in question. 
 The notice should state distinctly and positively — • 
 
 (1) The fact on which the disqualification is founded : 
 
 (2) That the candidate was by reason of such fact legally disqualified. 
 This part of the notice should refer to the statute, resolution or decision 
 bj which the disqualification was imposed or established : 
 
 (3) That all votes given for such candidate after such notice would be 
 thrown away, and treated as if they had not been given. 
 
 In Drinkivater \. Deakiu (i) the sufiiciency of the notice was objected 
 to on the ground that it did not state positively that the candidate was 
 by law disqualified, but only that the person giving it (the agent of the 
 other candidate) believed him to be disquahfied. It was, however, held 
 that the notice was sufficient, and stated that when a voter has such 
 knowledge of existing facts, or such notice of existing facts is given to 
 him as would convince a person of ordinary care and intelligence that 
 «uch facts existed, and they are such as, if he knew what legally con- 
 stituted incapacity, would convince him, as a person of ordinary care 
 and intelligence, that such incapacity existed, then, if he votes for the 
 ■candidate who is in fact disqualified, he throws away his vote. 
 
 ((■) Oldham (18C9), 1 0. & H. 153. (1679), Heywood, County El. 537. 
 
 (_d ) Ibid. 163. [ii) Beresfiyrd-Hope v. Sandhurst (1889), 
 
 "(r) 11. v. HawhiLs (1813), 2 Dow,. 124 ; 23 Q. B. D. 79. 
 (iarldge v. Utelyn (1821), o B. & Aid. 81. (//) R. v. Jiridgo (1813), 1 M. & S. 76. 
 
 (O CWAfrac (18.-)3), 2 P. R. & D. 276 ; (») Launceston (187i), L. li. 9 C, P. 
 
 jie.r Lord Mansfield in R. i. llrlsseU C2C. 
 
214 APPENDIX I. 
 
 If possible, the notice should be personally served on every voter and 
 advertised in the newspapers ; if that be impossible, the notice should 
 be affixed to some conspicuous place near the polling place, if the dis- 
 qualification is discovered on the nomination day (h). 
 
 The notice should proceed from, and be signed by, some responsible 
 person, e.g., the election agent of the opposing candidate. , For form of 
 notice of disqualification, see Form 10 in Appendix VI., p. 410, infra. 
 
 The notoriety which will be equivalent to notice would appear to be a. 
 knowledge of the fact of the disqualification, or of the report of such fact, 
 on the part of the great majority of the electors, obtained through the 
 ordinary channels of intelligence and receiving general acquiescence. 
 
 In Drinkwater v. Deakin (i) it was held that bribery at an election 
 does not incapacitate a candidate in the sense of causing votes given for 
 him at the election after notice of the act of bribery to be thrown 
 away ; that such incapacity would not attach until he was found guilty 
 by some competent tribunal, and that the incapacity which would (after 
 due notice given) cause votes given for a candidate to be thrown 
 away is confined to cases such as those of an infant, a woman, an alien 
 under the old law, a convicted felon, &c. : in all of which, as was pointed 
 out by Brett, J., in the above case {j), " something is wanting in the 
 candidate himself which cannot be supplied, the existence or non- 
 existence of which is not dependent on argument or decision, but 
 which the law insists shall exist in everyone who puts himself forward 
 as a candidate." 
 
 Where a candidate, on the trial of an election petition claiming the 
 seat for any person, is proved to have been guilty, by himself or by any 
 person on his behalf, of bribery, treating, or undue influence, in respect 
 of any person who voted at such election, or where any person retained 
 or employed for reward by or on behalf of such candidate for all or 
 any of the purposes of such election, as agent, clerk, messenger, or in 
 any other employment, is proved on such trial to have voted at such 
 election, there shall, on a scrutiny, be struck off, from the number of 
 votes appearing to have been given to such candidate one vote for every 
 person who voted at such election and is proved to have been so bribed, 
 treated, or unduly influenced, or so retained or employed for reward as 
 aforesaid {k). 
 
 The construction of this section was discussed in Malcolm v. Parry (T), 
 where, after the respondent had been unseated for the corrupt dis- 
 tribution of coal tickets by his agent, the petitioner in order to obtain 
 the seat claimed on a scrutiny to strike off one vote from the respon- 
 dent's poll for each voter who had received such a ticket, whether the 
 voter had acted corruptly in receiving them or not, and without inquir- 
 ing for whom he voted. It became, however, unnecessary to decide the 
 question as to the necessity of a corrupt intention on the part of the 
 voter, as the majority of the Court was of opinion that the circum- 
 stances of the case raised a prima facie case of the existence of such 
 corruption, in the absence of any evidence on the part of the voters 
 that the gift was not received corruptly, and had not influenced their 
 minds; and one vote was struck off in respect of each such voter 
 
 (/(.) Gahvay Ccmnty (1S72), 2 O. & H. (t) (187CJ,L. E. 9 C. P. G2G. 
 
 4(; ; Tri'.nch v. Nolan, 6 Iv. E. C. L. 46i ; (;) lUA. 635. 
 
 Ikalim V. Drlnhwater (]87i), L. R. 9 (it) Ballot Act, 1872, s. 2,5. 
 
 G. P.62G ; Tippemrij (1875), 3 0. & H. 11 ; (jE) BostoJi (1874), L. E. 9 C. P. 610: 
 •' -li". Ai. C L, 217« 
 
POWERS OF COURT. 215 
 
 without looking for wliom he had in fact voted. Two of the judges, 
 Lord Coleridge, C.J., and Brett, J., said however that proof that the 
 voter had acted corruptly was necessary before a vote could be struck 
 off under the section. 
 
 "Where a scrutiny is claimed and there is a recriminatory case, it is 
 usual to take the scrutiny first (x). The recriminatory case can be 
 withdrawn at the trial (y). 
 
 Becriminatory case. — Eecriminatory evidence can be given by the 
 respondent when the petitioner claims the seat, but not otherwise («). 
 
 On the trial of a petition under this Act complaining of an undue 
 return and claiming the seat for some person, the respondent may give 
 evidence to prove that the election of such person was undue, in the 
 same manner as if he had presented a petition complaining of such 
 election {a). 
 
 If the petitioner fails to prove that the respondent has been guUty of 
 corrupt practices, and the respondent then establishes his recriminatory 
 case, " the petitioner still has the right to go into the scrutiny for the 
 purpose of unseating the respondent, because if he succeeded in showing 
 that the respondent had not a majority of legal votes, although in 
 consequence of the success in the recriminatory case the defeated 
 candidate would not be seated, still the voters would be entitled to a 
 new election" (6). 
 
 The petitioner is not obliged to be called as a witness when there is a 
 recriminatory charge, but if there is any ground for suspicion the judge 
 may call him under sect. 32 of the Parliamentary Elections Act, 1868 (g). 
 
 No one but the respondent is allowed to be called to exonerate himself 
 after the inquiry has closed Qi). 
 
 Power of Court to order attendance of witness. — ^The Court has powei- 
 to order the attendance of any person as a witness who appears to it to 
 have been concerned in the election to which the petition refers, and any 
 person refusing to obey such order is guilty of contempt of Court. The 
 Court may examine any witness so compelled to attend, or any person 
 in court, although such witness is not called and examined by any party 
 to the petition. After the examination of a witness as aforesaid by the 
 Court, such witness may be cross-examined by or on behalf of the 
 petitioner and respondent, or either of them {m). 
 
 Such order will be made, if it be proved that every efifort has been 
 made to serve the witness with a subpoena but without effect (ii), or 
 that he has been called on his subpoena and has not answered (o), or he 
 is intentionally keeping out of the way(jj). If necessary the Court will 
 adjourn in order that a witness may be compelled to attend (q). 
 
 When a witness is out of the jurisdiction, the Court will, if necessary, 
 as was done in Cashel(r), issue a subpmiia ad testificandum to secxaa 
 his attendance (s). 
 
 (*) Stepneij IHrislon (188G), 4 0. & H. at p. liS. 
 
 35. ()») Faiiiamcntary Elections Act, 1868, 
 
 ((/) ShomVitch (1896), 5 O. & H. 88. s. :-!2 ; and Petition Kules, r. 41. 
 
 (c) Thh-slt (1880), 3 O. & H. 113. («) Watetforil (1870), 2 O. & H. 3. 
 
 («) Parliamentary Elections Act, 1868, (o) Xorwich (1869), 1 0.& H. 9 ; Galway 
 
 8.53. (187:i), 2 0. & PI. 50. 
 
 (i) I'.'i- Willes, J., in Southampton ip') Longford (1870), 2 0. & H. 12 ; 
 
 (1869), I 0. & H. 225, 226; see also TawrfOTJ (1874), 2 0. & H. 70. 
 
 Waterfonl (187(1), 2 0. & H. 2. (?) Stroiid (1874), 2 0. & H. 108. 
 
 0/) Wexthury (1869), 1 0. & H. 48. (r) (1869), 1 0. & H. 287. 
 
 (/') Kiturcshorough (1880), 3 0. &: H. («) 17 & 18 Vict. c. 34, ss. 1, 2. 
 
216 APPENDIX I. 
 
 TProhihition of disclosure of vote. — " Until a vote is declared invalid 
 an election court is prohibited by rule 41 in the schedule of the Ballot 
 Act from discovering for whom such vote has been given "{t). 
 
 No person who has voted at an election can, in any legal proceeding 
 to question the election or return, be required to state for whom he has 
 voted {u). 
 
 And even though the person who is called as a witness has not 
 voted, he may not, unless he has openly stated that he belongs to a 
 particular party, be asked to what party he belongs {x). 
 
 No witness is liable to be asked, or bound to answer, any question for 
 the purpose of proving the commission of any corrupt practice at or in 
 relation to any election prior to the passing of the Corrupt and Illegal 
 Practices Prevention Act, 1883 {y). 
 
 In Nonvich {z) a witness was asked in cross-examination, " Are you 
 the man who was reported for corruptly treating voters by the election 
 commissioners " ; and counsel objected, on the ground that such a 
 question was prohibited by this section. Denman, J., said : " I do not 
 think the section means to prevent the asking of such a question as 
 this, viz., whether he is the same person." 
 
 Obligation of witness to answer and certificate of indemnity. — By the 
 Corrupt Practices Act, 1883, s. 59 (1), a witness is not now excused 
 from answering any question relating to any offence at or connected 
 with the election, on the ground that the answer thereto may 
 criminate or tend to criminate himself, nor on the ground of privi- 
 lege ; but 
 
 (1) A witness who answers truly all questions which he is required 
 by the election court to answer is entitled to receive a certificate of 
 indemnity under the hand of a member of the Court stating that such 
 witness has so answered ; and 
 
 (2) An answer by a person to a question put by or before any election 
 Court shall not, except in the case of any criminal proceeding for perjury 
 in respect of such evidence, be in any proceeding, civil or criminal, 
 admissible in evidence against him. 
 
 Where a person has received such a certificate of indemnity in 
 relation to an election, and any legal proceeding is at any time instituted 
 against him for any offence under the Corrupt Practices Prevention Acts 
 conimitted by him previously to the date of the (fertificate at or in 
 relation to the said election, the Court having cognisance of the case 
 shall on proof of the certificate stay the proceeding, and may in their 
 discretion award to the said person such costs as he may have been put 
 to in the proceeding (6). 
 
 A person receiving a certificate of indemnity is not, however, relieved 
 from any incapacity under the Act nor from any proceeding to enforce 
 such incapacity, other than a criminal prosecution (c). 
 
 Evidence of corrupt practices, hoiu received. — IJnless the judge 
 otherwise directs, any charge of a corrupt practice may be gone into 
 and evidence in relation thereto received, before any proof has been 
 
 (i!) Per Denman, J., in Stepiwi/ (1886), (?/) Corrupt Practices Act, 1883, s. 49. 
 
 4 O. & H. 36. (c) (1886), 4 O. & H. 90. 
 
 («) Ballot Act, 1872, s. 12. (*) Corrupt Practices Act, 1883, s. 
 
 (a) Per Groye, J., in Nmth Durliain 59 (2). 
 
 <1874), 3 0. & H. 2 ; Lush, J., in Harwich (c) Ibid. s. 59 (3). 
 
 <.1880), aid. 64. ^ ^ 
 
DUTIES OF PUBLIC PROSECUTOR. 217 
 
 j^ven of agency on the part of any candidate in respect of such corrupt 
 practice (d). 
 
 Thus, in Guildford (e), where the respondent was alleged to have com- 
 mitted a corrupt practice by one H., his alleged agent, and it was objected 
 that no evidence of the corrupt practice could be given until it was proved 
 that he was the respondent's agent, Willes, J., said : " The objection is, in 
 effect, that no proof of H.'s agency has yet been given ; but the Act 
 removes that objection, for it says that proof of corrupt practice may be 
 given before proof of agency, unless the judge in his discretion should 
 change the order, or, rather, should direct counsel to change the order, 
 of proceeding." 
 
 On the other hand, in Bristol (/), where collective acts of bribery were 
 alleged against one person, Bramwell, B., in the exercise of his discretion, 
 required the petitioner, before going into the alleged acts, to give proof 
 of that person's agency, and said : " Although the statute says that you 
 may, unless the judge otherwise orders, prove bribery before agency, it 
 is desirable that the proof should not be given, unless there is a 
 reasonable expectation of proving the agency afterwards." 
 
 Questioning ivitncsses who are ivaiting to be examined, or getting them 
 to sign a written statement, a reprehensible practice. — " During the 
 course of a trial the plan of getting witnesses waiting to be examined, 
 poor ignorant men who do not know whom to please or to displease, 
 into a room alone with a solicitor and examining them is extremely 
 reprehensible. Even before the trial, dealing with witnesses of the 
 ■other side — I do not say it never should be done, but it should be done 
 with great caution, and it would certainly be advisable not to do it in 
 solitude. It is, as I have said, exceedingly reprehensible, and a thing 
 which does not tend to the furtherance of justice, and which does a 
 great deal of harm in every way. . . . There is another matter which is 
 incidental, upon which, I think, it is important to express my opinion, 
 and that is the question of getting witnesses who have been subpoenaed, 
 or are likely to be subpoenaed, by the other side, to make statements, 
 and in some cases getting them to sign already prepared statements. 
 This is not the first time that it has been done . . . but it has never 
 been successfully done, and it is, I believe, useless to the parties " («). 
 
 Duties and rights of Public Prosecutor. — On every trial of a petition, 
 the Director of Public Prosecutions must by himself or by his assistant, 
 or by such representative as hereinafter mentioned, attend at the trial, 
 and it is his duty to obey any directions given to him by the election 
 court with respect to the summoning and examination of any witness to 
 give evidence on such trial, and with respect to the prosecution by him 
 of offenders, and with respect to any person to whom notice is given to 
 attend with a view to report him as guilty of any corrupt or illegal 
 practice (k). 
 
 It is also his duty without any direction from the election court, if it 
 appeal's to him that any person is able to give material evidence as 
 to the subject of the trial, to cause such person to attend the trial, and 
 with the leave of the Court to examine such person as a witness (Z). 
 
 Further, it is his duty, without any direction from the election court, 
 
 (rf) Parliamentary Elections Act, 1868, (0 -'-'«'■ Grove, J., in Wirjan (1881), 4 
 
 «;17. O. &H. 5. 
 
 ('■) (1869), 1 0. & H. p. U. ti) Corrupt Practices Act, 1883, s. 43 (1). 
 
 (./) (1870), 2 0. & H. 29. (I) Ibid. s. 43 (2). 
 
^18 APPENDIX I. 
 
 if it appears to him that anj- person wlio has not received a certificate 
 of indemnity has been guilty of a corrupt or illegal practice, to prosecute 
 such person for the offence before the said court, or if he thinks it 
 expedient in the interests of justice before any other competent 
 court (m). 
 
 " Tlie only duty of a Public Prosecutor at the trial of an election 
 petition," said Wills, J., in Montgomery (n)," is to attend the court and wait 
 until the Court invites his intervention. I do not think that it vyas ever 
 intended to give him a separate loms standi. There may be cases where 
 witnesses are allowed to leave the box without being cross-examined, 
 and where the Court may think that in the public interest they ought to^ 
 be cross-examined. In such a case they would call for the intervention 
 of the Public Prosecutor." 
 
 In the same case Pollock, B., said (o) : " I do not think that counsel 
 for the Public Prosecutor ought to be instructed by or to receive 
 information from either side. He maj', of course, make any suggestions 
 that he may think fit to the Court, but it is certainly more convenient 
 that the issue between the parties should be tried out." 
 
 " We have looked at the Act," said Denman, J., in Stepney 
 Division (p), " and we do not find it anywhere laid down that the- 
 Public Prosecutor has any right to cross-examine witnesses who are 
 called here. Under certain circumstances he has the right to summon 
 a witness, but as to the examination of a witness he is bound to obey 
 the directions of the Court. It would be extremely inconvenient and 
 unfair to the parties, by prolonging the inquiry, if the Pubhc Prosecutor 
 were allowed to interfere on his own mere motion with every witness. 
 We shall expect to have no application for leave to examine a witness 
 made to us by the Public Prosecutor unless it is founded upon something 
 substantial." 
 
 Costs of Public Prosecutor. — " It is by no means a matter of course 
 that the costs of the attendance of the counsel who represents the Public 
 Prosecutor should be paid by either party" (q). 
 
 Prosecution before election court for corrupt or illegal practice. — 
 Where a person is prosecuted before an election court for any corrupt 
 or illegal practice, and such person appears before the court, the court 
 shall proceed to try him summarily for the said offence, and such person,, 
 if cou\icted thereof upon such trial, shall be subject to the same 
 incapacities as he is rendered subject to under the Corrupt Practices 
 Act, Iy83, upon conviction, whether on indictment or in any other 
 proceeding for the said offence ; and further, may be adjudged by the 
 court, if the offence is a corrupt practice, to be imprisoned, with or 
 without hard labour, for a term not exceeding six months, or to pay a 
 fine not exceeding £200, and if the offence is an illegal practice, to pay 
 sach fine as is fixed by this Act for the offence ; 
 
 Provided that, in the case of a corrupt practice, the court, before- 
 proceeding to try summarily any person, shall give such person the 
 option of being tried by a jury (r). 
 
 Where a person is so prosecuted for any such offence, and either 
 elects to be tried by a jury or does not appear before the court, or the 
 
 (w) Corrapt Practices Act. lt!S:i, (^.i^) (Ii-\sc,), i 0. & f[. 37. 
 
 £.. i3 (8). (^,f) Per Pollock, B., in Worceiter (18!»2), 
 
 (■«) (is!l2), 4 0. & H. 108. Day's Election Cases, at p. 80. 
 
 («) J l>nl. Q--) Corrupt Tracticcs Act, 1883, s. 43 (-()- 
 
COURT NOT AN INQUISITORIAL TRIIiUNAL. 2 1 1) 
 
 court thinks it in the interests of justice expedient that he should be 
 tried before some other court, the court, if of opinion that the evidence 
 is sufficient to put the said person upon his trial for the offence, shall 
 order such person to be prosecuted on indictment, or before a court of 
 summary jurisdiction, as the case may require, for the said offence ; and 
 in either case may order him to be prosecuted before such court as may 
 be named in the order ; and for all purposes preliminary and of and 
 incidental to such prosecution the offence shall be deemed to have been 
 committed within the jurisdiction of the court so named (s). 
 Upon such order being made — 
 
 (a) if the accused person is present before the court, and the offence 
 is an indictable offence, the court shall commit him to take his trial, or 
 cause him to give bail to appear and take his trial for the said offence ; 
 and 
 
 (b) if the accused person is present before the court, and the offence 
 is not an indictable offence, the court shall order him to be brought 
 before the court of summary jiu'isdiction before whom he is to be 
 prosecuted, or cause him to give bail to appear before that court ; and 
 
 (c) if the accused person is not present before the court, the court 
 shall as circumstances require issue a summons for his attendance, or a 
 warrant to apprehend him and bring him before a court of summary 
 jurisdiction, and that court, if the offence is an indictable offence, shall, 
 on proof only of the summons or warrant and the identity of the 
 accused, commit him to take his trial, or cause him to give bail to appear 
 and take his trial for the said offence, or if the offence is punishable on 
 suminary conviction shall proceed to hear the case, or if such court be 
 not the court before whom he is directed to be prosecuted, shall order 
 him to be brought before that court (t). 
 
 Election court a judicial, not an inqiiisitorial, tribunal. ■ — " It 
 must," however, " be borne in mind in these cases that although th6 
 object of the statute by which these election tribunals were created 
 was to prevent corrupt practices, still the tribunal is a judicial, and 
 not an inquisitorial, one : it is a court to hear and determine according 
 to law, and not a commission armed with powers to inquire into and 
 suppress corruption " («). 
 
 In Windsor (x) Willes, J., said : " I consider my duties to be judicial; 
 and not inquisitorial, except in so far as it would be proper that I should 
 follow up any clue which the evidence laid before me by the one side or 
 the other may furnish. ... It is only where a clue to the existence of 
 • . . corrupt practices is presented by the evidence properly and formally 
 laid before me that I shall think it necessary ... to send for parties 
 and papers with a view to investigate a subject which I consider to be 
 out of my jurisdiction." 
 
 In Stroud (y) Bramwell, B., said he agreed with these observations. 
 
 In Evesham (z) the Court intimated that if in the course of the trial of 
 a petition something is brought to their attention which shows that there 
 has been coiTuption in the borough, it would be their duty to report that 
 corruption to the House. 
 
 " Under sect. 43 of the Corrupt and Illegal Practices Prevention Act. 
 1883, the Public Prosecutor has power, with the leave of the court, to 
 
 (•«) liid. s. 43 (.-.-). O. & H. p. 74. 
 
 CO Corrupt Practices Act, 188:!, i?. (.r) (1869), 1 0. .V H. 7. 
 
 43 (6). (,/) (1874), 2 (). Jc H. Ui'.i. 
 
 («) I'ei- Grove, J., in Taunton (1874). '2 (-) (1880), 3 0. & H. at pp. 9,-,, 96. 
 
220 APPENDIX I. 
 
 ball additional witnesses, and therefore the court has power to call 
 witnesses to clear up any matters which may have cropped up in the 
 course of the case. It is a very proper course to take " (a). 
 
 Special case. — Where, upon the application of any party to a petition 
 made in the prescribed manner to the court, it appears to the court that 
 the case raised by the petition can be conveniently stated as a special 
 case, the court may direct the same to be stated accordingly (aa), and any 
 such special case shall, as far as may be, be heard before the court, and 
 the decision of the court shall be final ; and the court shall certify to the 
 Speaker its determination in reference to such special case (6). 
 
 In Nezo Sarmn{c) Willes, J., granted a special case, but directed that 
 when drawn up it should be submitted to him so that he should take 
 care of the interests of the constituents. 
 
 Certificate and report of court. — At the conclusion of the trial the 
 Court determines whether the member whose return or election is com- 
 plained of, or any and what other person, was duly returned or elected, 
 or whether the election was void, and forthwith certifies in writing such 
 determination to the Speaker, and upon such certificate being given such 
 determination shall be final to all intents and purposes (d). 
 
 Where any charge is made in an election petition of any corrupt 
 practice having been committed at the election to which the petition 
 relates, the Court, in addition to such certificate, and at the same time, 
 reports in writing to the Speaker as follows : — 
 
 ( 1) Whether any corrupt or illegal practice has or has not been proved 
 to have been committed by or with the knowledge and consent of any 
 candidate at svich election, and the nature of such corrupt or illegal 
 practice (e) ; 
 
 (2) The names of all persons, if any, who have been proved at the 
 trial to have been guilty of any corrupt or illegal practice (e) ; and 
 whether those persons have or have not been furnished with certificates 
 of indemnity (/) ; 
 
 (3) Whether corrupt or illegal practices have, or whether there is 
 reason to believe that corrupt or illegal practices have, extensively 
 prevailed at the election to which the petition relates (e) ; 
 
 (4) Whether any candidate has been guilty by his agents of any 
 corrupt or illegal practice (7(). 
 
 The Court may at the same time make a special report to the Speaker 
 as to any matters arising in the course of the trial an account of which 
 in their judgment ought to be submitted to the House of Commons (g) : 
 
 Every certificate and every report sent to the Speaker as aforesaid 
 shall be under the hands of both judges, and if the judges differ as to 
 whether the member whose return or election is complained of was duly 
 returned or elected, they shall certify that difference, and the member 
 shall be deemed to be duly elected or returned; and if the judges 
 "determine that such member was not duly elected or returned, but 
 differ as to the rest of the determination, they shall certify that difference, 
 
 ('/) Per Polloct, B., in Moiitffomenj s. 11 (13) ; 42 & 43 Vict. c. 75. s. 2. 
 (1892), 4 0. & H. 109, 170 ; see also (c) Parliamentary Elections Act, 1868, 
 
 Hexham (1892), 4 O. & H. 143. s. 11 (14) ; Corrupt Practices Act, 1879, 
 
 («a) 'For pivcerlcnU of special case, see s. 2 : Corrupt Practices Act, 1883, s. 11. 
 p. 414, infra. ( f^ Corrupt Practices Act, 1883, a. 60. 
 
 (i) Parliamentary Elections Act, 1868, (A) Corrupt Practices Act, 1883, ss. 5, 11. 
 
 s- 11 (K'O- (,9) Parliamentary Elections Act, 1868, 
 
 CO (1 869), 19 L. T. N. S. 523. s. I'l (15) ; 42 .t 43 Vict. c. 75, s. 2. 
 
 f.d) I'arliamentary Elections Act, 1808, 
 
ELECTION COxMMISSIONERS. 221 
 
 and the election shall be deemed to be void ; and if the judges differ as 
 to the subject of a report to the Speaker, they shall certify that 
 difference, and make no report on the subject on which they so differ (i). 
 A certificate is final and conclusive, but a report is not ; and therefore 
 a report will not prevent an inquiry into the same facts on another 
 petition (k). 
 
 Where a candidate who has been defeated presents a petition claiming 
 the seat and is declared duly elected, the certificate of the election court 
 is final, and he cannot subsequently be petitioned against (I). 
 
 But although the certificate of the election court is final as to the 
 particular petition before the court, and also final as to what could with 
 due diligence have been brought under the petition, the certificate is 
 no bar to another petition being presented within twenty-eight days 
 after a new act of corruption had been disclosed. But the new act of 
 corruption must be an act done by the member or with his privity (vi). 
 
 " The agent that I should consider would affect the seat by his act 
 after the election would be a person who did that act with the privity of 
 the member. A person who merely was an agent in the sense that he 
 had been an agent in the election would not, in my judgment, affect the 
 seat by any corrupt act cff his done after the election without the privity 
 of the member " (n). 
 
 " There is a clause in the Parliamentary Elections Act, 1868, under 
 which, if the respondent or one of his agents pay in respect of the 
 election one shilling of money at any time between this present hour 
 and the last hour of the session of this present Parliament, not only in 
 this year, not only in the next year, but up to the last hour when it may 
 be finally dissolved at the approach of a new election, for twenty-eight 
 days after every individual payment a new petition can be presented, not 
 even to Parliament, but to the Court of Common Pleas, and if that 
 individual payment be proved, the seat of the sitting member is just as 
 effectually gone as it would be on this inquiry. There are two parties 
 to every pecuniary transaction — there is the donor and there is the 
 donee ; and though I am perfectly satisfied that neither of the candi- 
 dates intends making any such payment, let me tell the one and the 
 other, that if he is pressed by persons who wish to carry on a system of 
 corruption, he is bound by no feeling of honour to contribute to their 
 rapacity ; and let me tell him also, that if he at any time pays one 
 shilling in consideration of this last election, he can be again petitioned 
 against. If a farthing is paid in consideration of a vote at the last 
 election to anyone here, during the existence of the Parliament now 
 sitting, a new petition can be presented, and the whole thing can be 
 again made the subject of investigation " (o). 
 
 Where the Court under the Parliamentary Elections Act, 1868, s. 15, 
 reports that corrupt practices have extensively prevailed in any con- 
 stituency at the election to which the petition relates, both Houses by a 
 joint addi-ess may pray His Majesty for an inquiry by means of a com- 
 mission under the 15 & 16 Vict. c. 57. A joint address by both Houses 
 
 (0 42 & 43 Vict. c. 75, s. 2. before the Select Committee on Parlia- 
 
 (*) Stevens v. Tillett (1870), L. E. G mentary and Municipal Elections, p. 447. 
 C. P. 174. (ft) Per Martin, B., in Salford (1869), 
 
 (/) Waygood v. James (1869), L. E. 4 1 0. & H. 139. 
 C. P. 361. (o) Per Keogh, J., in Qahvay {Borough) 
 
 («0 See the evidence of Willes, J., (1869), Judgments, 341 ; 1 0.'& H. 805. 
 
■222 APPENDIX I. 
 
 to the same effect may also be presented under the circumstances stated 
 in the Parliamentary Elections Act, 1868, s. 56 : — 
 
 "If upon a petition to the House of Commons, presented within 
 twenty-one days after the return to the Clerk of the Crown in Chancery 
 in England, or to the Clerk of the Crown and Hanaper in Ireland, of a 
 member to serve in Parliament for any borough or county, or within 
 fourteen days after the meeting of Parliament, and signed by any two 
 or more electors of such borough or county, and alleging that corrupt 
 practices have extensively prevailed at the then last election for such 
 borough or county, or that there is reason to believe that corrupt 
 practices have there so prevailed, an address be presented by both 
 Houses of Parliament, praying that such allegation may be inquired 
 into, the Crown may appoint commissioners to inquire into the same, 
 and if such commissioners in such case be appointed, they shall inquire 
 in the same manner and with the same powers and subject to aU the 
 provisions of the statute of the 15 & 16 Vict. c. 57." 
 
 The Commissioners, when appointed, can also inquire into and report 
 Xbs to the existence of illegal practices (p). 
 
 {J)) Corrupt Practices Act, 1883, s. 12, 
 
APPENDIX II. 
 
 STATUTES. 
 
 7 & 8 Will. 3, c. 7. 
 
 An Act to prevent False and -Double Eeturns of Members to serve in 
 
 Parliament. 
 
 Fdhe return prohihtted. — Returns contrary to the last determination of the 
 commons adjudged false. 
 
 Whereas false and double returns of members to serve in Parliament are an 
 abuse of trust in a matter of the greatest consequence to the kingdome and not 
 (inly an injury to the persons duely chosen by keeping them from their service 
 in the House of Commons and putting them to great expence to make their 
 elections appeare but also to the counties cities boroughs and cinque -ports by 
 which they are chosen and the businesse of Parliament disturbed and delayed 
 thereby Be it therefore enacted and declared . . . that all false returns -wilfully 
 made of any . . . member to serve in Parliament are against law and are 
 hereby prohibited And in case that any person or persons shall returne any 
 member to serve in Parliament for any county city borough cinque-port or 
 place contrary to the last determination in the House of Oomons of the right 
 of election in such county city borough cinque-port or place that such returne 
 see made shall and is hereby adjudged to be a false returne. 
 
 Party grieved to recover douhle damages and full costs. 
 
 2. And . . . the party grieved (to witt) every person that shall bee duely 
 elected to serve in Parliament for any county city borough cinque-port or place 
 by such false I'eturne may sue the officers and persons making or procuring the 
 same and every or any of them att his election in any [of (a)] his Majesties 
 courts of record att Westminster and shall recover double the damages hee shall 
 sustaine by reason thereof together with his full costs of such suit. 
 
 Officer making false returns; remedy. 
 
 3. And to the end the law may not bee eluded by double returns ... if any 
 officer shall wilfully falsly and maliciously returne m.ore persons then are 
 required to bee chosen by the wi'itt or precept on which any choice is made the 
 like remedy may bee had against him or them and the party or parties that 
 willingly procure the same and every or any of them by the party grieved att 
 his election. 
 
 Securities to procure return void. — Giving such security ; penalty £300. 
 
 4. And ... all contracts promises bonds and securities whatsoever hereafter 
 made or given to procure any returne of any member to serve in Parliament or 
 any thing relating thereunto bee adjudged void and whoever makes or ;gives 
 such security contract promise or bond or any guif t or reward to procure such 
 false or double returne shall forfeit the sum of three hundred pounds one third 
 part thereof to bee to his Majestie his heires and successors another third part 
 
 (o) Interlined on the roll. 
 
224 APPENDIX 11. 
 
 thereof to the poor of the county city borough or place concerned and one third 
 part thereof to the informer with his costs to bee recovered in any of his 
 Majesties courts of recoi'd att Westminster by action of debt bill plaint or infor- 
 mation wherein noe essoigne protection or wager of law shall bee allowed nor 
 any more then one imparlance. 
 
 Clerk of the Crown to enter single and doulle returns of members, and 
 alterations made therein in a hook. — All persons may have free access thereto, 
 — Fee. — BtiDk or true copy thereof evidence. — Clerk of the Crown not making 
 entry, or altering vr unduly giving certificate or neglecting duty ; penalty £500, 
 and loss of office and incapacity. 
 
 5. And for the more easie and better proof of any such false or double 
 returne . . . the clerk of the crowne for the time being shall from time to time 
 enter or cause to bee entred in a book for that purpose to bee kept in his office 
 every single and double returne of any member or members to serve in Parlia- 
 ment which shall bee returned or come into his ofHce or to his hands and alsoe 
 every alteration and amendment as shall bee made by him or his deputy in 
 every such returne to which book all persons shall have free accesse at aU 
 seasonable times to search and take true copies of soe much thereof as shall 
 bee desired paying a reasonable fee or reward for the same ; and the partie 
 or parties prosecuting such suit shall and may att any tryal give in evidence 
 such book soe kept or a true copy thereof relateing to such false or double 
 returne and shall have the like advantage of such proof as hee or they should 
 or might have had by producing the record it seUe any law custome or usage to 
 the contrary notwithstanding And in case the said clerke of the crowne shall 
 not within six days after any returne shall come into his office or to his hands 
 duely and fairely make such entry or entries as aforesaid or shall make any 
 alteration in any returne unlesse by order of the House of Commons or give 
 any certificate of any person not returned or shall wilfully neglect or omitt to 
 perf orme his duty in the premisses hee shall for every such offence forfeit to the 
 party and parties aggrieved the sum of five hundred pounds to bee recovered as 
 aforesaid and shall alsoe forfeit and lose his said office and bee for ever incapable 
 of having or holding the same. 
 
 Limitation of Action. 
 
 6. Provided always that every information or action grounded upon this 
 Statute shall bee brought within the space of two yeares after the cause of 
 action shall arise and not after. 
 
 & 8 Will. 3, c. 25. 
 
 An Act for the further regulating Elections of Members to serve in Parliament 
 and for the preventing irregular Proceedings of Sheriffs and other Officers 
 in the electing and returning such Members. 
 
 Recital that electors have ieen injured in their rights of election by the 
 practices of sheriffs and others. — Forty days to be between the teste and return 
 of writ of summons. — Writs to he issued with expedition ; and to he delivered to 
 the proper officer. 
 
 Whereas by the evill practices and iri-egular proceedings of sheriffs under- 
 sheriffs mayors bayliffs and other officers in the execution of writts and 
 precepts for electing of members to serve in Parliament as well the free- 
 holders and others in their right of election as alsoe the persons by them elected 
 to bee theire representatives have heretofore beene greatly injured and abused 
 Now for remedying the same and preventing the like for the future bee itt 
 enacted . . . that when any new Parliament shall att any time hereafter bee 
 summoned or called there shall bee forty dayes betweene the teste and returnes 
 of the writts of summons And that the lord chancellor lord keeper or lords 
 commissioners of the great seale for the tjine being shall issue out the writts 
 
STATUTES. 7 & 8 WILL. 3, C. 25. 225 
 
 for election of members to serve in the same Parliament with as much expedi- 
 tion as the same may be done And that as well upon the calling or summoning;^ 
 any new Parliament as also in case of any vacancy dureing this present or any 
 future Parliament the severall writts shall bee delivered to the proper officer 
 to whome the execution thereof doth belong or appertaine and to noe other 
 person whatsoever and that every such officer upon the receipt of the same 
 writt shall upon the back thereof indorse the day hee received the same. . . . 
 
 Sheriff, <tc., not to take fee for making out, delivering, &c., of writ 
 
 or precept. 
 
 2. And be it further enacted by the authority aforesaid that neither the 
 sheriEEe or his under sherifle in any county or city nor the mayor bayhffe 
 constable port-reeve or other officer or officers of any borough towne corporate 
 port or place to whom the execucbn of any writt or precept for electing 
 members to serve in Parliament doth belong or appertame shall give pay 
 receive or take any fee reward or gratuity whatsoever for the makeing out 
 receipt delivery retume or execution of any such writt or precept. 
 
 Sheriff, &c., offending ; penalty, jEoOO. 
 
 5. . . . And every sheriffe under-sheriffe mayor bayliffe and other officer to 
 whom the execution of any writt or precept for electing of members to serve in 
 Parliament doth belong for every wOfull offence contrary to this Act shall 
 forfeit to every party soe aggreived the summe of five hundred pounds to bee 
 recovered by him or them his or theire executors or administrators together 
 with full costs of suite and for which hee or they may sue by action 
 of debt bill plaint or informacbn in any of his Majesties coiirts att 
 Westminster. . . . 
 
 Infants not to vote or le elected. — Penalty. 
 
 7. And . . . that noe person whatsoever being under the age of one and 
 twenty yeares shall att any tyme hereafter bee admitted to give his voice for 
 election of any member or members to serve in this present or any future 
 Parliament and that noe person hereafter shall bee capable of being elected a 
 member to serve in this or any future Parliament who is not of the age of one 
 and twenty yeares and every election or returne of any person under that age is 
 hereby declared to bee null and void And if any such minor hereafter chosen 
 shall presume to sitt or vote in Parliament hee shall incur such penalties and 
 forfeitures as if hee had presumed to sitt and vote in Parliament without being 
 chosen or returned (a). 
 
 12 & 13 Will. 3, c. 2. 
 
 An Act for the further Limitation of the Crown and better securing the 
 Bights and Liberties of the Subject. 
 
 Further provisions for securing the religion, laws, and liberties of these realms. 
 
 That ... no person born out of the kingdoms of England Scotland or 
 L-eland or the dominions thereunto belonging (although he be naturalized or 
 
 (a) See pp. 1, 16, snpra. 
 L.E. Q 
 
226 APPENDIX II. 
 
 made a denken (except suoli as are born of Englisli parents) shall be capable to 
 be ... a member of either House of ParUament . . . (h). 
 
 6 Anne, c. 41. 
 
 An Act for the security of Her Majesties Person and Government and of the 
 Succession to the Crown of Great Britain in the Protestant Line. 
 
 Certain new officers and others herein named not to sit in Parliament. 
 
 S4. And ... no person who shall have in his own name or in the name of 
 any person or persons in trust for him or for his benefit any new oflce or place 
 of profit whatsoever under the crown which at any time since the five and 
 twentieth day of October in the year of our Lord one thousand seven hundred 
 and five has been created or erected or hereafter shall be created or erected nor 
 any person who shall be commissioner or sub-commissioner of prizes secretary 
 or receiver of the prizes nor any comptroller of the accompts of the army nor 
 any commissioner of transports nor any commissioner of the sick and wounded 
 nor any agent for any regiment nor any commissioner for any wine licences nor 
 any governor or deputy governor of any of the plantations nor any commis- 
 sioners of the navy imployed in any. of the out ports nor any person having any 
 pension from the crown dui'ing pleasure shall be capable of being elected or of 
 sitting or voting as a member of the House of Commons in any Parliament 
 which shall be hereafter summoned and holden (c). 
 
 Proviso as to member accepting office of profit, 
 
 25. Provided always that if any person being chosen a member of the House 
 of Commons shall accept of any office of profit from the crown during such 
 time as he shall continue a member his election shall be and is hereby declared 
 to be void and a new writ shall issue for a new election as if such person so 
 accepting was naturally dead provided nevertheless that such person shaU be 
 capable of being again elected as if his place had not become void as 
 aforesaid (d). 
 
 Proviso for officers in the army or navy sitting. 
 
 27. Provided also that nothing herein contained shall extend or be construed 
 to extend to any member of the House of Commons being an officer in her 
 Majesties navy or army who shall receive any new or other commission in the 
 navy or army respectively (e). 
 
 Disabled persons sitting in Parliament ; penalty, £500. 
 
 28. And ... if any person hereby disabled or declared to be incapable to sit 
 or vote in any Parhament hereafter to be holden shall nevertheless be returned 
 as a member to serve for any county stewartry city town or cinque port in any 
 such Parliament such election and return are hereby enacted and declared to be 
 void to all intents and purposes whatsoever And if any person disabled or 
 declared incapable by this Act to be elected shall after the dissolution or deter- 
 mination of this present Parliament presume to sit or vote as a member of the 
 House of Commons in any Parliament to be hereafter summoned such person 
 
 (*) See pp. 1, 4, supra. (S) See pp. 6, 8, snpra, 
 
 (c) See p. 2, supra. («) See p. 2, supra. 
 
STATUTES. 6 ANNE, C. 41. 227 
 
 so Bitting or votLog shall forfeit the sum of five hundred pounds to be recovered 
 by such person as shall sue for the same in England by action of debt bill plaint 
 or information wherein no essoign protection or wager of law shall be allowed and 
 only one imparlance. 
 
 1 Geo. 1. Stat. 2, c. 56. 
 
 An Act to disable any Person from being chose a Member of or from sitting 
 and voting in the House of Commons, who has any Pension for any 
 Number of Years from the Crown. 
 
 No person having a pension from the crown, shall be capable of being elected, die., 
 a member of the House of Commons. 
 
 Whereas by an Act intituled " An Act for the security of her Majesties person 
 and government, and of the succession to the crown of Great Britain in the 
 protestant line," and made in the sixth year of the late Queen Anne, it was 
 provided that no person having any pension from the Crown during pleasure 
 should be capable of being elected, or of sitting or voting as a member of tho 
 House of Commons, in any Parliament which should be then after summoned 
 and holden : To the end, therefore, that the provision intended by that law, for 
 securing the honour of the House of Commons, may not in future times be 
 defeated or eluded by any person who shall be a member of the House of 
 Commons accepting any pension for any term or number of years, be it enacted 
 by the Kings most excellent Majesty, by and with the advice and consent of 
 the lords spiritual and temporal, and commons, in this present Parliament 
 assembled, and by the authority of the same, that no person having any pension 
 from the crown for any term or number of years, either in his own name or 
 in the name or names of any other person or persons in trust for him or for his 
 benefit, shall be capable of being elected or chosen a member of, or for sitting 
 ■or voting as a member of this present or any future House of Commons which 
 shall be hereafter summoned (/). 
 
 Any person having such pension, and who being elected shall sit in the 
 House, shall forfeit £j20 per diem to the prosecutor. 
 
 2. And be it further enacted by the authority aforesaid that if any person 
 who shall have such pension aforesaid at the time of his being so elected, or at 
 any time after, during such time as he shall continue or be a member of the 
 House of Commons, shall presume to sit or vote in that House, then and in 
 such case he shall forfeit twenty pounds for evei'y day in which he shall sit or 
 vote in the said House of Commons to such person or persons who shall sue for 
 the same in any of his Majesties courts in Westminster-HaU. ; and the monies 
 60 forfeited shall be recovered by the person so suing, with full costs of suit, in 
 any of the said courts, by action of debt, bill, plaint, or information. . . . 
 
 15 Geo. 2, c. 22. 
 
 An Act to exclude certain Officers from being Members of the House of 
 
 Commons. 
 
 Preamble. — Description of officers not admitted to sit in Parliament, 
 
 Foe further limiting or reducing the number of officers capable of sitting in 
 the House of Commons, be it enacted by the King's most excellent Majesty, by 
 
 {/) See p. 3, supra. 
 
 Q 2 
 
228 APPENDIX II. 
 
 and with the advice and consent of the lords spiritual and temporal, and 
 commons, in this present Parliament assembled, and by the authority of the 
 same, that from and after the dissolution or other determination of this present 
 Parliament, no person who shall be commissioner of the revenue in Ireland, or 
 commissioner of the navy or victualling oflQces, nor any deputies or clerks in 
 any of the said offices, or in any of the several offices following, that is to 
 say, the office of lord high treasurer, or the commissioners of the Treasury, 
 or of the auditor of the receipt of his Majesty's Exchequer, or of the tellers 
 of the Exchequer, or of the chancellor of the Exchequer, or of the lord high 
 admiral, or the commissioners of the admiralty, or of the paymasters of the 
 army, or of the navy, or of his Majesty's principal secretaries of state, 
 or of the commissioners of the salt, or of the commissioners of the 
 stamps, or of the commissioners of appeals, or of the commissioners of wine 
 licences, or of the commissioners of hackney coaches, or of the commissioners of 
 hawkers and pedlars, nor any persons having any office, civil or military, within 
 the island of Minorca, or in Gibraltar, other than officers having commission& 
 in any regiment there only, shall be capable of being elected, or of sitting or 
 voting as a member of the House of Commons, in any Parliament which 
 shall be hereafter summoned and holden (jr). 
 
 What returns of memhers are declared void. — Penalty on persona sitting 
 or voting, after disabled hy this Act. 
 
 2. And ... if any person hereby disabled or declared to be incapable to sit. 
 or vote in any Parliament hereafter to be holden, shall nevertheless be returned 
 as a member to serve for any county, stewartry, city, borough, town, cinque 
 2)ort, or place in Parliament, such election and return are hereby enacted and 
 declared to be void to all intents and purposes whatsoever ; and if any person 
 disabled and declared incapable by this Act to be elected shall, after the dissolu- 
 tion or other determination of this present Parliament, presume to sit or vote- 
 as a member of the House of Commons in any Parliament to be hereafter 
 summoned, such person so sitting or voting shall forfeit the sum of twenty 
 pounds for every day in which he shall sit or vote in the said House of Commons- 
 to such person or persons who shall sue for the same in any of his Majesty's 
 courts at Westminster, and the money so forfeited shall be recovered by the- 
 persons so suing, with fuU costs of suit, in any of the said courts, by action of 
 debt, bill, plaint, or information, . . . and shall from thenceforth be incapable- 
 of taking, holding, or enjoying any office of honour or profit rmder his Majesty, 
 his heirs or successors. 
 
 Proviso. 
 
 3. Provided always, . . . thatnothinginthisAct shall extend or be construed 
 to extend or relate -to, or exclude the treasurer or comptroller of the navy, the- 
 secretaries of the Treasury, the secretary to the chancellor of the Exchequer, or 
 secretaries of the admiralty, the under secretary to any of his Majesty's principal 
 secretaries of state, or the deputy paymaster of the army, or to exclude any person 
 having or holding any office or employment for life, or for so long as he shaU. 
 behave himself well in. his office, anything herein contained to the contrary 
 not-withstanding (h). 
 
 22 Geo. 3, c. 45. 
 
 An Act for restraining any Person concerned in any Contract, Conmiission or 
 Agreement made for the Publick Service from being elected or sitting and 
 voting as a Member of the House of Commons. 
 
 Preamlle. — After the end of this session, all persons holding contracts, &c., 
 for the •publick service shall he incapable of being elected or sitting in the 
 House of Commons. 
 
 EoB, further securing the freedom and independence of Parliament, be it 
 enacted . . . that from and after the end of this present session of Parliament- 
 
 (g) See p. 3, supra. (/,,) See p. 2, supra. 
 
STATUTES. 22 GEO. 3, C. 45. 229 
 
 any person who stall directly or indirectly himself or by any person whatsoever 
 in trast for him. or for his use or benefit or on his account undertake, execute, 
 hold or enjoy, in the whole or in part, any contract, agreement or commission 
 made or entered into with, under or from the commissioners of his Majesty's 
 Treasury, or of the Navy or Victualling Office, or with the master general or 
 board of Ordnance, or with any one or more of such commissioners, or with any 
 other person or persons whatsoever, for or on account of the publick service, 
 or shall knowingly and willingly furnish or provide in pursuance of any such 
 agreement, contract or commission which he or they shall have made or entered 
 into as aforesaid, any money to be remitted abroad or any wares or merchandize 
 to be used or employed in the service of the publick, shall be incapable of being 
 elected or of sitting or voting as a member of the House of Commons during the 
 time that he shall execute, hold or enjoy any such contract, agreement or com- 
 mission or any part or share thereof, or any benefit or emolument arising from 
 the same (i). 
 
 If any member ^ccepts or continues to liold any such contract, &c., after 
 the commencement of the next session, his seat shall be void. 
 
 2. And ... if any person, being a member of the House of Commons, shall, 
 directly or indirectly himself or by any other person whatsoever in trust for 
 him or for his use or benefit or on his account enter into, accept of, agree for, 
 imdertake or execute, in the whole or in part, any such contract, agreement or 
 commission as aforesaid, . . . the seat of every such person in the House of 
 Commons shall be and is hereby declared to be void. 
 
 Not to extend to incorporated trading companies. 
 
 3. Provided always, . . . that nothing herein contained shall extend or be 
 construed to extend to any contract, agreement or commission made, entered 
 into or accepted by any incorporated trading compauj^ in its corporate capacity, 
 nor to any company now existing or established and consisting of more than 
 ten persons, where such contract, agreement or commission shall be made, 
 entered into or accepted for the general benefit of such incorporation or 
 company. 
 
 Not to extend to contracts devolving by descent, dr., until after twelve 
 ononths' 
 
 6. Provided also, . . . that nothing herein contained shall extend or be 
 construed to extend to any person on whom after the passing of this Act the 
 completion of any contract, agreement or commission shall devolve by descent 
 or limitation, or by marriage, or as devisee, legatee, executor or administrator, 
 until twelve calendar months after he shall have been in possession of the 
 same. 
 
 If any person hereby disqualified shall be elected, election shall he void. — 
 Disabled pel-sons ivho shall sit in the House of Goinmons after this session shall 
 forfeit £500 for each day. 
 
 9. And ... if any person hereby disabled or declared to be incapable to sit 
 or vote in Parliament shall nevertheless be returned as a member to serve for 
 any county, stewartiy, city, borough, town, cinque port or place in Parliament, 
 such election and return are hereby enacted and declared to be void ; and if any 
 person disabled and declared incapable by this Act to be elected shall after the 
 end of this present session of Parliament presume to sit or vote as a member of 
 the House of Commons, such person so sitting or voting shall forfeit the sum of 
 five hundred pounds for every day in which he shall sit or vote in the said 
 houBe, to any person or persons who shall sue for the same in any of his 
 Majesty's courts at Westminster, and the money so forfeited shall be recovered 
 by the person or persons so suing with full costs of suit in any of the said courts, 
 by any action of debt, bill, plaint or information, . . , and every person against 
 whom any such penalty or forfeitui'e shall be recovered by virtue of this Act, 
 
 (0 See p. 4, supra. 
 
230 ■ APPENDIX II. 
 
 shall be from thenceforth incapable of taking or holding any contract, agreement 
 or commission for the pubUok service, or any share thereof or any benefit or 
 emolument from the same in any manner whatsoever. 
 
 J condition to he inserted in all puhlick contracts that no member of the 
 House of Commons shall have any share thereof. — -Penalty on contractors who 
 shall admit any member of the House of Commons to any share of their contracts. 
 
 10. And ... in every such contract, agreement or commission to be made, 
 entered into or accepted as aforesaid, there shall be inserted an express condi- 
 tion that no member of the House of Commons be admitted to any share or 
 part of such contract, agreenaent or commission, or to any benefit to ai-ise 
 therefrom ; and . in case any person or persons who hath or have entered 
 into or accepted or who shall enter into or accept any such contract, agreement 
 or commission shall admit any member or members of the House of Commons 
 to any part or share thereof, or to receive any benefit thereby, aU and every 
 such person and persons shall for eveiy such offence forfeit and pay the sum 
 of five hundred pounds, to be recovered with full costs of suit in any of his 
 Majesty's Courts of record at Westminster by any person or persons who shall 
 sue for the same, by any action of debt, bill, plaint or information. . . . 
 
 Limitation of actions. 
 
 11. Provided also, . . . that no person shall be liable to any forfeitm'e or 
 penalty inflicted by this Act unless a prosecution shall be commenced within 
 twelve calendar months after such penalty or forfeiture shall be incurred. 
 
 24 Geo. 3, c. 26. 
 
 An Act to repeal so much of Two Acts made in the Tenth and Fifteenth Years 
 of the Eeign of his present Majesty as authorizes the Speaker of the House 
 of Commons to issue his Warrant to the Clerk of the Crown for making out 
 Writs for the Election of Members to serve in Parliament in the manner 
 therein mentioned, and for substituting other provisions for the like 
 pui-poses. 
 
 Speaker to issue his warrant during a recess for making out writs for electing 
 members in the room of those who shall die or become ■peers of Great Britain. 
 
 2. And be it enacted, that from and after the passing of this Act it shall and 
 may be lawful for the speaker of the House of Commons for the time being, 
 during any recess of the said house, whether by prorogation or adjournment, 
 and he is hereby required to issue his warrant to the clerk of the crown, to 
 make out a new writ for electing a member of the House of Commons in the 
 room of any member of the said house who shall happen to die, or who shall 
 become a peer of Great Biitain either during the said recess or previous thereto, 
 as soon as he shall receive notice by a certificate, under the hands of two 
 members of the House of Commons, of the death of such member in the first 
 case, and in the second case that a writ of summons hath been issued under the 
 great seal of Great Britain, to summon such peer to Parliament ; which 
 certificate may bo in the form or to the eflect comprized in the schedule hereunto 
 annexed. 
 
 Schedule. 
 We whose names are underwritten, being two members of the House of 
 Commons, do hereby certify, that M.P., late a member of the said house, serving 
 as one of the knights of the shire for the county of [or as the case may be~\ 
 
 died upon the day of [or is become a peer of Great Britain, and 
 
 that a writ of summons hath been issued imder the great seal of Great Britain 
 to summon him to Parliament] [as the case may he'] ; and we give you this 
 notice to the intent that you may issue your warrant to the clerk of the crown 
 
STATUTES. 24 GEO. 3, C. 26. 231 
 
 to make out a new writ for the election of a knight to serve in Parliament for 
 
 the said county of [or as the case may 6e] in the room of the said M.P. 
 
 Given under our hands this day of . 
 
 To the speaker of 
 the House of Commons. 
 
 Note, That in case there shall be no speaker of the House of Commons, or of his 
 absence out of the realm, such certificate may be addressed to any one of 
 the persons appointed according to the directions of this Act. 
 
 Certificates of vacancies to be notified in the Gazette. 
 
 3. Provided always . . . that the speaker of the House of Commons shall 
 forthwith after his receiving such certificate cause notice thereof to be inserted 
 in the London Gazette, and shall not issue his warrant until fourteen days 
 after the insertion of such notice in the Gazette. 
 
 Certain restricHona on the speaker relative to issuiiiy his tvarrant. 
 
 4. Provided also, that nothing herein contained shall extend to enable the 
 speaker of the House of Commons to issue his warrant for the purposes aforesaid 
 unless the return of the writ (by virtue of which such member deceased or 
 become a peer of Great Britain was elected) shall have been brought into the 
 office of the clerk of the crown fifteen days at the least before the end of the 
 last sitting of the House of Commons immediately preceding the time when 
 such apphoation shall be made to the speaker of the House of Commons to issue 
 such warrant as aforesaid ; nor unless such application shall be made so long 
 before the then next meeting of the House of Commons for the dispatch of 
 business as that the writ for the election may be issued before the day of such 
 next meeting of the House of Commons ; nor in case such application shall be 
 made with respect to any seat in the House of Commons which shall have 
 been vacated in either of the methods before-mentioned by any member of that 
 house against whose election or return to serve in Parliament a petition was 
 depending at the time of the then last prorogation of Parliament or adjournment 
 of the House of Commons (J). 
 
 41 Geo. a, c. 63. 
 
 An Act to remove doubts respecting the Eligibility of Persons in Holy Orders 
 to sit in the House of Commons. [23rd June 1801.] 
 
 No person ordained a priest or deacon, or helng a minister of the Church of 
 Scotland, shall be capable of being elected a member of the House of Commons. 
 
 Whereas it is expedient to remove doubts which have arisen respecting the 
 ehgibility of persons in holy orders to sit in the House of Commons, and also to 
 make effectual provision for excluding them from sitting therein : Be it there- 
 fore declared and enacted . . . that no person having been ordained to the 
 office of priest or deacon, or being a minister of the Church of Scotland, is or 
 shall be capable of being elected to serve in Parliament as a member of the 
 House of Commons (k). 
 
 The election of such person shall be void, and if any person after his election 
 shall be ordained a priest, d;c., he shall vacate his seat. — Penalty for sitting or 
 voting in either case, £500 per day, and disgualification to hold any preferment. 
 
 2. And ... if any person, having been ordained to the office of priest or 
 deacon, or being a minister of the Church of Scotland, shall hereafter be elected 
 to serve in Parliament as aforesaid, such election and return shall be void; 
 and . if any person, being elected to serve in Parliament as a member of the 
 
 0') See p. 7, supra. (k) See p. 1, .lupra. 
 
232 APPENDIX II. 
 
 House of Commons, shall, after hia election, be ordained to the office of priest 
 or deacon, or become a minister of the Church of Scotland, then and in such 
 case the seat of such person shall immediately become void ; and if any such 
 person shall, in any of the aforesaid cases, presume to sit or vote as a member 
 of the House of Commons, he shall forfeit the sum of five hundred pounds for 
 every day in which he shall sit or vote in the said house, to any person or 
 persons who shall sue for the same in any of his Majesty's courts at West- 
 minster ; and the money so forfeited shall be recovered by the person or persons 
 so suing, with full costs of suit, in any of the said courts, by any action of debt, 
 bill, plaint, or information . . . and every person against whom any such 
 penalty or forfeiture shall be recovered by virtue of this Act, shall be from 
 thenceforth incapable of taking, holding, or enjoying any benefice, living, or 
 promotion ecclesiastical, and of taking, holding, or enjoying any office of honour 
 or profit under his Majesty, his heirs, or successors : . . . 
 
 Limitation of actions. 
 
 3. Provided also, . . . that no person shall be liable to any forfeiture or 
 penalty inflicted by this Act, unless a prosecution shall be commenced within 
 twelve calendar months after such penalty or forfeiture shall be incurred. 
 
 Wliat proof shall he necessary. 
 
 4. And . . . proof of the celebration of divine service according to the rites 
 of the Church of England, or of the Church of Scotland, in any church or chapel 
 consecrated or set apart for public worship, shall be deemed and taken to be 
 primEi facie evidence of the fact of such person having been ordained to the 
 office of a priest or deacon, or of his being a minister of the Church of Scotland, 
 within the intent and meaning of this Act. 
 
 44 Geo. 3, c. 54. 
 
 An Act to consolidate and amend the Provisions of the several Acts relating to 
 Corps of Yeomanry and Volunteers in Great Britain ; and to make further 
 Eegulations relating thereto, (c) [5th June 1804.] 
 
 Acceptance of commissions not to vacate seats in Parliament. 
 
 58. And be it further declared and enacted, that no person who has accepted 
 or shall hereafter accept of a commission in any corps of yeomanry or volunteers 
 in Great Britain or Ireland shall be deemed in respect thereof to have vacated 
 or to vacate his seat as a member returned to serve in Parliament. 
 
 52 Geo. 3, c. 38. 
 
 An Act for amending the Laws relating to the Local Militia in England. 
 
 [20th April 1812.] 
 
 Commissions in local militia not to vacate seats in Parliament, 
 
 195. And . . . the acceptance of a commission in the local militia shall not 
 vacate the seat of any member retui-ned to serve in Parliament. 
 
 («)lEepealed, so far as relates to volunteers in Great Britain, 26 & 27 Vict. c. 65, s. 51. 
 
STATUTES. 53 aEO. 3, c. 89. 233 
 
 53 Geo. 3, c. 89. 
 
 An Act for the more regular conveyance of Writs for the Election of Members 
 to serve in Parliament. [2n(i July 1813.] 
 
 Messenger of the great seal to carry election writs directed to sheriffs of London 
 and Middlesex to their offices ; and all other election writs to the General Post 
 Office, to the postmaster general, &c., to he forwarded by post. 
 
 Foe the more expeditious and regular conveyance of writs for the election of 
 members to serve in Parliament, be it enacted by the King's most excellent 
 Majesty, by and with the advice and consent of the lords spiritual and temporal, 
 and commons, in this present Parliament assembled, and by the authority of 
 the same, that when any new Parliament shall at any time hereafter be sum- 
 moned or called, as also in all cases of vacancy during this present or any 
 futm'e Parliament, the messenger or pursuivant of the great seal or his deputy 
 shall, after the receipt thereof, forthwith carry such of the said writs as shall 
 be directed to the shesiffs of London, or sherifi of Middlesex, to the respective 
 offices of such sheriffs or sheriff; and all such other writs to the General Post 
 Office in London, and there deliver the same to the postmaster or postmasters 
 general for the time being, or to such other person or persons as the said post- 
 master or postmasters general shall depute to receive the same (and which 
 deputation they are hereby respectively required to make), who on receipt 
 thereof shall give an acknowledgment in writing of such receipt to the said 
 messenger or his deputy from whom the same shall be received, expressing 
 therein the time of such delivery, and shall keep a duplicate of such acknow- 
 ledgment, signed by the parties respectively to whom and by whom the same 
 shall be so delivered ; and the said postmaster or postmasters general, or such 
 their deputy or deputies, shall dispatch all such writs, free from the charges of 
 postage (which they are hereby authorized to do), by the first post or mail after 
 the receipt thereof, under covers respectively directed to the proper ofiB.cer or 
 officers to whom the said writs shall be respectively directed, and to no other 
 person whomsoever, accompanied with proper directions to the postmaster or 
 deputy postmaster of the town or place or nearest to the town or place where 
 .such officer or officers shall hold his or their office, requiring such postmaster or 
 deputy postmaster forthwith to carry such writs respectively to such office, and 
 to deliver the same there to such officer or officers to whom the same shall be 
 respectively du'ected, or to his or their deputy or deputies, who are hereby 
 respectively required to give to such, postmaster or deputy postmaster a 
 memorandum in writing under his or theii- hand or hands, acknowledging the 
 receipt of every such writ, and setting forth the day and hour the same was 
 delivered by such postmaster or deputy postmaster, which memorandum shall 
 also be signed by such postmaster or deputy postmaster, who are hereby 
 required to transmit the same by the first or second post afterwards, to the said 
 postmaster or postmasters general or their respective deputies at the said 
 General Post Office in London ; who are hereby required to make an entry 
 thereof in a proper book for that purpose, and to file and keep such memorandum 
 along with the duplicate of the said acknowledgment signed by the said 
 messenger as aforesaid, to the intent that the same may be inspected or produced 
 upon all proper occasions by any person interested in such elections (/). 
 
 Sheriffs, (fee, to give notice to the postmaster general of the place where they 
 hold their offices. 
 
 2. And that the said postmasters general may be duly informed where such 
 officers to whom such writ shall be respectively du'ected hold their respective 
 offices for the purposes aforesaid, be it further enacted by the authority 
 aforesaid, that the sheriffs and Stewarts of the several cities, counties, and 
 etewartries, and all other persons to whom such writs for the election of 
 members to serve in Parliament ought to be and are usually directed, or their 
 
 (I) See pp. 9 — 10, supra. 
 
234 APPENDIX 11. 
 
 respective lieutenants or deputies, shall, within one month after the passing^ 
 of this Act, severally send up to the said postmasters general an account 
 of the city, town, or place where they shall hold their respective offices for the 
 pui-pose aforesaid, specifying in such account such particulars as shall he 
 necessary to ascertain the particular situation of such respective offices, and so 
 from time to time, with all convenient speed, as often as the places for holding- 
 such offices shall he changed ; and also an account of such general post town or 
 place as shall he nearest to such offices respectively, in case such respective 
 offices shall not he in any general post town or place ; and the said postmasters 
 general shall make or cause to he made a list of such places, and cause the 
 same to he hung up and kept in some puhlic place in the General Post Office 
 aforesaid. 
 
 Proviso where sheriffs hold their offices in or near the metropolis. 
 
 3. Provided always, . . . that in all cases where any such sheriff or other 
 person to whom such writs ought to be directed shall hold his office within the 
 cities of London or "Westminster, or the borough of Southwark, or within iive 
 miles thereof, such sheriff or officer shall send such account as aforesaid of the 
 place where he shall hold such office to the messenger of the great seal, instead 
 of the said postmaster general ; and the said messenger or his deputy shall 
 carry all such writs to such office, in like manner as is herein-before directed in 
 the case of the sheriffs of London and Middlesex. 
 
 All persons wil/iilly neglecting to deliter -writs, £<:., guilty of a misdemeanor. 
 
 6. And . . . every person concerned in the transmitting or deHvery of any 
 such writ as aforesaid, who shall wilfully neglect or delay to deliver or transmit 
 any such writ, or accept any fee, or do any other matter or thing in violation of 
 this Act, shall be guilty of a misdemeanor, and may, upon any conviction upon 
 any indictment or information in his Majesty's Coiu't of King's Bench, be 
 fined and imprisoned at the discretion of the court for such misdemeanor. 
 
 10 Geo. 4, c. 7. 
 
 An Act for the Relief of His Majesty's llomau Catholic Subjects. 
 
 [13th April 1829.1 
 
 No Roman Catholic priest to sit in the House of Commons. — Any person so 
 sitting shall he liable under 41 Geo. 3, u. 63. 
 
 9. No person in holy orders in the Church of Rome shall be capable of being 
 elected to serve in Parliament as a member of the House of Commons ; and if 
 any such person shall be elected to serve in Parliament as aforesaid such 
 election shall be void ; and if any person, being elected to serve in ParHament 
 as a member of the House of Commons, shall, after his election, take or receive holy 
 orders in the Church of Rome, the seat of such person shall immediately become 
 void ; and if any such person shall, in any of the cases aforesaid, presume to sit 
 or vote as a member of the House of Commons, he shall be subject to the same 
 penalties, forfeitures, and disabilities as are enacted by an Act passed in the 
 lorty-first year of the reign of King George the Third, intituled "An Act to 
 remove doubts respecting the eligibility of persons in holy orders to sit in the 
 House of Commons" ; and proof of the celebration of any religious service by 
 such person, according to the rites of the Church of Rome, shall be deemed and 
 taken to be prima facie evidence of the fact of such person being in holy orders 
 within the intent and meaning of this Act (m). 
 
 , (m) See p. 1, mpra. 
 
STATUTES. METROPOLITAN POLICE ACT, 1822. 235 
 
 Meteopolitan Police Act, 1822. 
 
 10 Geo. 4, c. 44. 
 
 An Act for improving the Police in and neai' the Metropolis. 
 
 [19th June 1829.} 
 
 No justice, (tc, itmhr this Act fa sit in Parliament. — No justice, recrirey, 
 policeman, d'c, ajipointed under this Act to cuiuuss at certain elections. — Penalty,. 
 £100. — Proviso. 
 
 18. No justice of the peace or receiver appointed by virtue of this Act shall, 
 ihuing the continuance of such appointment, be capable of being elected or of 
 sitting as a member of the House of Commons ; and no justice, receiver, or 
 person belonging to the police force, appointed by virtue of this Act . . . shall, 
 by word, message, writing, or in any other manner, endeavour to persuade any 
 elector to give, or dissuade any elector from giving, his \ote for the choice of 
 any person to be a member to serve in Parliament for any such county, city, or 
 borough ; and if any such justice, receiver, or person belonging to the police 
 force shall offend thereim, he shall forfeit the sum of one hundred pounds, to be 
 recovered, by any person who will sue for the same, by action of debt, to be 
 commenced withui six calendar months after the commission of the offence ; and 
 one moiety of the sum so recovered shall be paid to the informer, and the other 
 moiety thereof to the receiver appointed under this Act, to be by him added to 
 and applied as part of the frmds for the purposes of the police under this Act : 
 Provided always, that nothing in this enactment contained shall subject any such 
 justice, receiver, or person belonging to the police force, to any penalty for any 
 act done by him at or concerning any of the said elections in the discharge of hi» 
 oflicial duty(«). 
 
 Eepkesentation op the People Act, 1832. 
 2 &;nViLL. 4, c. 45(o). 
 
 Au Act to amend the representation of the I'eople in England and Wales. 
 
 [7th June 1832.] 
 ir/(o shall he returuiny officers for the nen- bonniyhs. — Appointment of 
 ntiivHirxj officer hy sheriff of the county in certain coses. — 1(7(0 disqualijied. — 
 Who exempt. 
 
 11. The persons respectively described in the said schedules (C.) and (D.) shall 
 be the returning oiHcers at all elections of a member or members to serve in 
 Parliament for the boroughs in conjunction with which such persons are respec- 
 tively mentioned in the said schedules (C.) and (D.), and [Pep. o3 & o4 Vict. c. 33. 
 (S.L.E.)] for those boroughs in the said schedules for which no persons are men- 
 tioned in such schedules as retui-ning oflacers the sheriff for the time being of 
 the comity in which such boroughs are respectively situate shall, within two 
 months alter the passing of this Act, and in every succeeding respective year 
 '^ f^* inonth of March, by writing under his hand, to be delivered to the clerk 
 of the peace of the county within one week, and to be by such clerk of the peace 
 nled and preserved with the records of his office, nominate and appoint for each 
 ot such boroughs a fit person, ... to be, and such person so nominated and 
 appomted shall accordingly be, the returning officer for each of such boroughs 
 respectively until the nomination to be made in the succeeding March ; and in 
 the event of the death of any such person, or of his becoming incapable to act 
 by reason of sickness or other sufficient impediment, the sheriff lor the time 
 being shall on notice thereof forthwith nominate and appoint in his stead a fit 
 person, . to be, and such person so nominated and appointed shall 
 accordingly be, the returning officer for such borough for the remainder of the 
 tncn current year; and no person, having been so nominated and appointed as 
 leturiimg officer for any borough, shall after the expu-ation of his office be com- 
 pellable at any tune thereafter to serve again in the said office for the same 
 
 («) See pp. 3, i, 52, supra, (n) 8ee pp. 11,1/), 49, si/pra. 
 
236 APPENDIX II. 
 
 borough : Provided always, that no person being in holy orders, nor any church- 
 warden or overseer of the poor within any such borough, shall be nominated or 
 appointed as such returning officer for the same ; and that no person nominated 
 and appointed as returning officer for any borough now sending or hereafter to 
 send members to Parliament shall be appointed a churchwarden or overseer of 
 the poor therein during the time for which he shall be such returning officer : 
 Provided also, that no person qualified to be elected to serve as a member in 
 Parliament shall be compellable to serve as returning officer for any borough 
 for which he shall have been nominated and appointed by the sheriff as afore- 
 said, if within one week after he shall have received notice of his nomina- 
 tion and appointment as returning officer he shall make oath of such qualification 
 before any justice of the peace, and shall forthwith notify the same to the 
 sheriff. . . . (o) 
 
 Erection of booths at tJie polli)i(j jihtces for coiiuties. — Voters to poll at the 
 allotted booths, dr. 
 
 64. At every contested election for any county, or riding, parts, or division 
 of a county, the sheriff, under sheriff, or sheriff's deputy shall, if required 
 thereto by or on behalf of any candidate, on the day fixed for the election, and 
 if not so required may, if it shall appear to him expedient, cause to be erected a 
 reasonable number of booths for taking the poll at the principal place of election, 
 and also at each of the polling places so to be appointed as aforesaid, and shall 
 cause to be affixed on the most conspicuous part of each of the said booths the 
 names of the several parishes, townships, and places for which such booth is 
 respectively allotted ; and no person shall be admitted to vote at any such 
 election in respect of any property situate in any parish, township, or place, 
 except at the booth so allotted for such parish, township, or place, and if no 
 booth shall be so allotted for the same, then at any of the booths for the same 
 district; and in case any parish, township, or place shall happen not to be 
 included in any of the districts to be appointed, the votes in respect of property 
 situate in anj' parish, townshiji, or place so omitted shall be taken at the 
 principal place of election for the county, or riding, parts, or division of the 
 county, as the case may be [p). 
 
 Sheriff in county elections 'mai/ act in places of exclusive jurisdiction. 
 
 66. In all matters relative to the election of knights or a knight of the shire 
 to serve in any futui-e Parliament for any county, or for any riding, parts, or 
 division of a county, the sheriff of the county, his under sherifif, or any lawful 
 deputy of such sheriff, shall have power to act in all places having any exclusive 
 jurisdiction or privilege whatsoever, in the same manner as such sheriff, under- 
 sheriff, or deputy may act within any part of such sheriff's ordinary jurisdiction. 
 
 Polling booths for diffcrejit parishes, cfcc, at borough elections in England.— 
 Voters to poll at the ollutted booths, &c. — Nominations and elections not to be 
 held in pilaces of pjublic worship. 
 
 68. At every contested election of a member or members to serve in any 
 future Parliament for any city or borough in England, . . . the returning 
 officer shall, . . . cause to be affixed on the most conspicuous part of each 
 of the said booths the names of the several parishes, districts, and parts for 
 which such booth is respectively allotted ; and no person shall be admitted to 
 vote at any such election, except at the booth allotted for the parish, district, or 
 part wherein the property may be situate in respect of which he claims to_ vote, 
 or in case he does not claim to vote in respect of property, then wherein his 
 place of abode as described in the register may be ; but in case no booth shall 
 happen to be provided for any particular parish, district, or part as aforesaid, 
 the votes of persons voting in respect of property situate in any parish, district, 
 or part so omitted, or having their place of abode therein, may be taken at any 
 of the said booths, and the votes of freemen residing out of the limits of the city 
 
 (o) Sea pp. 11, 12, supra. (p) See p. 10, supra. 
 
STATUTES. REPRESENTATION OF PEOPLE ACT, 1832. 23T 
 
 or borough ma^ be taken at any of the said booths ; and public notice of the 
 situation, division, and allotment of the difierent Ijooths shall be given two- 
 days before the commencement of the poll by the returning officer ; . . 
 Provided also, that no nomination shall be made or election holden of any 
 member for any city or borough in any church, chapel, or other place of public 
 worship (q). 
 
 When returning officers may close the poll hefvre the expiration of the time 
 fixed — Adjournment of poll in case of riot. 
 
 70, Nothing in this Act contained shall prevent any sheriff or other re turning- 
 olficer, or the lawful deputy of any returning officer, from closing the poll 
 previous to the expiration of the time fixed by this Act, in any case where the 
 .-.ame might have been lawfully closed before the passing of this Act ; and where 
 the proceedings at any election shall be interrupted or obstructed by any riot or 
 open violence, the sheriff or other returning officer, or the lawful deputy of any 
 returning officer, shall not for such cause finally close the poll, but, in case the- 
 proceedings shall be so interrupted or obstructed at any particular polling place 
 or places, shall adjourn ihe poll at such place or places only until the following 
 day, and if necessary shsSl further adjourn the same until such interruption or 
 obstruction shall have ceased, when the returning officer or his deputy shall 
 again proceed to take the poll at such place or places ; and any day whereon the- 
 poU shall have been so adjourned shall not, as to such place or places, be 
 reckoned one of the two days of polling at such election within the meaning of 
 this Act; and wherever the poll shall have been so adjourned by any deputy of 
 any sheriff or other returning officer, such deputy shall forthwith give notice of 
 such adjournment to the sheriff or returning officer, who shall not finally 
 declare the state of the poll, or make proclamation of the member or members 
 chosen, until the poll so adjourned at such place or places as aforesaid shall 
 have been finally closed, and delivered or transmitted to such sheriff or 
 other returning officer ; anything herein-before contained to the contrary 
 notwithstanding (r). 
 
 Polling booths to be erected at joint expense of candidates. — Limitation of expense^ 
 — Any person proposing a candidate without his consent to pay his share. 
 
 71. From and after the end of this present Parliament all booths erected for 
 the convenience of taking poUs shall be erected at the joint and equal expense 
 of the several candidates, and the same shall be erected by contract with the 
 candidates, if they shall think fit to make such contract, or if they shall not 
 make such contract, then the same shall be erected by the sheriff or other- 
 returning officer at the expense of the several candidates as aforesaid, subject to 
 such limitation as is hereinafter next mentioned; (that is to say,) that the 
 expense to be incurred for the booth or booths to be erected at the principal 
 place of election for any county, riding, parts, or division of a county, or at any 
 of the polling places so to be appointed as aforesaid, shall not exceed the sum of 
 forty pounds in respect ol any one such principal place of election or any one 
 such polhng place ; and that the expense to be incurred for any booth or booths 
 to be erected for any parish, district, or part of any city or borough shall not 
 exceed the sum of twenty-five pounds in respect of any one such parish, district, 
 or part ; . . . Provided always, that if any person shaU be proposed without 
 his consent; then the person so proposing him shall be liable to defray his 
 share of the said expenses in like manner as if he had been a, candidate ; . , . (s) 
 
 All election laws to remain in force, except where superseded by this Act. 
 
 75. AU laws, statutes, and usages now in force respecting the election of 
 members to serve in Parliament for that part of the United Kingdom called 
 England and Wales shall be and remain, and are hereby declared to be and 
 remain, in fuU force, and shall apply to the election of members to serve ia 
 Parliament for all the counties, ridings, parts, and divisions of counties, cities,, 
 
 ((?) See pp. 17, 25, supra, (.s) See p. 14, supra, 
 
 (r) See p. 32, supra. 
 
■238 APPENDIX II. 
 
 and boroughs, hereby empowered to return members, as fully and effectually as 
 if the same respectively had heretofore returned members, exceptso far as any 
 of the said laws, statutes, or usages are repealed or altered by this Act, or are 
 inconsistent with the provisions thereof. 
 
 Penalties on officers for breach of duty. 
 
 76. If any sheriff, returning officer, barrister, overseer, or any person what- 
 soever shall wilfully contravene or disobey the provisions of this Act or any of 
 them, with respect to any matter or thing which such sheriff, returning officer, 
 barrister, overseer, or other person is hereby required to do, he shall for such 
 his offence be liable to be sued in an action of debt in any of his Majesty's 
 courts of record at Westminster for the penal sum of five hundred pounds ; and 
 the jury before whom such action shall be tried may find their verdict for the 
 full sum of five hundred pounds, or for any less sum which the said jury shall 
 think it just that he should pay for such his offence ; and the defendant in such 
 
 ^action, being convicted, shall pay such penal sum so awarded, with full costs of 
 suit, to the party who may sue for the same : Provided always, that no such 
 action shall be brought except by a person being an elector or claiming to be an 
 elector, or a candidate, or a member actually rettu-ned, or other party aggrieved : 
 Provided also, that the remedy hereby given against the returning officer shall 
 not be construed to supersede any remedy or action against him according to 
 the law now in force. 
 
 Writs, cCc, to lie made conformahle to this Act. 
 
 77. All writs to be issued for the election of members to serve in all future 
 Parliaments, and all mandates, precepts, instruments, proceedings, and notices 
 consequent upon such writs, shall be and the same are hereby authorised to he 
 framed and expressed in such manner and form as may be necessary for the 
 carrying the provisions of this Act into effect. 
 
 Definitions: "city or borough"; "returning officer"; "parish or town- 
 ship"; "overseers of the poor" ; majority of overseers may act. — Notices to 
 overseers. — Powers of justices of the peace, &c., in certain cases. — Misnomer not to 
 interfere with operation of Act. 
 
 79. Throughout this Act, wherever the words " city or borough," " cities or 
 boroughs," may occur, those words shall be construed to include, except there 
 be something in the subject or context manifestly repugnant to such construc- 
 tion, all towns corporate, cinque ports, districts, or places within England and 
 Wales, which shall be entitled after this Act shall have passed to return a 
 member or members to serve in Parliament, other than counties at large, and 
 ridings, parts, and divisions of counties at large, and shall also include the 
 town of Berwick-upon-Tweed ; and the words " returning officer " shall apply 
 to every person or persons to whom, by virtue of his or their office, either under 
 the present Act or under any former law, custom, or statute, the execution of 
 any writ or precept doth or shall belong for the election of a member or members 
 to serve in Parliament, by whatever name or title such person or persons may 
 be called; and the words "parish or township" shall extend to every parish, 
 township, vill, hamlet, district, or place maintaining its own poor; and the 
 words " overseers of the poor" shall extend to all persons who by virtue of any 
 -office or appointment shall execute the duties of overseers of the poor, by 
 whatever name or title such persons may be called, and in whatsoever manner 
 they may be appointed ; and all matters by this Act directed to be done by the 
 ove]-seers of a parish or township may be lawfully done by the major part of 
 ■such overseers ; and wherever any notice is by this Act required to be given to 
 the overseers of any parish or township, it shall be sufficient if such notice shall 
 be delivered to any one of such overseers, or shall be left at his place of abode, 
 or at his office or other place for transacting parochial business, or shall be sent 
 by the post, addressed by a sufficient direction, to the overseers of the particular 
 parish or township, or. to any one of them, either by their or his christian name 
 and surname, or by their or his name of office ; and all provisions in this Act 
 
STATUTES. REPFtESENTATION OF PEOPLE ACT, 1832. 239 
 
 relative to any matters to be done by or with regard to justices of the peace for 
 counties, or sessions of the peace for counties, or clerks of the peace for counties, 
 or treasurers of counties, shall extend to the justices sessions, clerks of the 
 peace, and treasurers of the several ridings of Yorkshire and parts of Lincoln- 
 skire ; and the clerk of the peace for the time being for the borough of Newport 
 in the Isle of Wight shall for the purposes of this Act be deemed and taken to 
 be the clerk of the peace for the county of the Isle of Wight ; and all the said 
 respective justices, sessions, and clerks of the peace shall have power to do the 
 several matters required by this Act, as well within places of exclusive jurisdic- 
 tion as without ; and no misnomer or inaccurate description of any person or 
 place named or described in any schedule to this Act annexed, or in any list or 
 register of voters, or in any notice required by this Act, shall in anywise prevent 
 or abridge the operation of this Act with respect to such person or place, 
 provided that such person or place shall be so designated in such schedule, list, 
 register, or notice as to be commonly understood. 
 
 5 & 6 Will. 4, c. 36. 
 
 An Act to limit the Time of taking the Poll in Boroughs at contested Elections 
 of Members to serve in Parliament to One Day. [25th August 1835.] 
 
 Liverymen of Londoii, entitled to vote in respect of premises, may vote at the 
 hootli for the district where such premises are situate. 
 
 7. Such of the freemen of the city of London, being liverymen, as are or 
 .shall be entitled to vote in the election of members to serve in any future 
 Parliament for the city of London in the Guildhall, and who are or shall be also 
 entitled to vote in such election as owner or tenant of premises in such city, 
 shall be entitled to vote at any such election at the booth or place appointed for 
 the parish, district, or part wherein the property may be situate in respect of 
 which he is so entitled to vote as aforesaid ; and such vote shall be entered in 
 the poll books either as the vote of a liveryman, or as owner or tenant, as the 
 person so voting shall direct. 
 
 Adjournment of nomination or of poll in case of riot {t). 
 
 8. Where the proceedings at any election shall be inteiTupted or obstructed 
 by any riot, or open violence, whether such proceedings shall consist of the 
 nomination of candidates or of the taking the poll, the sheriff or other returning 
 officer, or the lawful deputy of any returning officer, shall not for such cause 
 terminate the business of such nomination, nor finally close the poll, but shall 
 adjourn the nomination or the taking the poll at the particular poUing place or 
 places at which such interruption or obstruction shall have happened until the 
 following day, and, if necessary, shall further adjourn such nomination or poll, 
 as the case may be, until such interruption or obstruction shall have ceased, 
 when the returning officer or his deputy shall again proceed with the business 
 of the nomination or with the taking the poll, as the case may be, at the place 
 or places at which the same respectively may have been interrupted or obstructed ; 
 and the day on which the business of the nomination shall have been concluded 
 shall be deemed to have been the day fixed for the election, and the commence- 
 ment of the poll shall be regulated accordingly ; and any day whereon the poll 
 shall have been so adjourned shall not as to such place or places be reckoned the 
 day of poUing at such election, within the meaning of this Act ; and whenever 
 the poll shall have been so adjourned by any deputy of any sheriff or other 
 returning officer, such deputy shall forthwith give notice of such adjournment 
 to the sherifl or returning officer, who shall not finally declare the state of the 
 poll, or make proclamation of the member or members chosen, until the poU so 
 adjourned at such place or places as aforesaid shall have been finally closed and 
 the poll books delivered or transmitted to such sheritf or other returning officer, 
 any thing herein-bef ore or in any other statute to the contrary notwithstanding : 
 
 (t) See p. 32, supra. 
 
240 APPENDIX II. 
 
 Provided always, tliat this Act shall not be taken to authorize an adjoTimment 
 to a Sunday ; but that in every case in vehich the day to which the adjournment 
 would otherwise be made shall happen to be a Sunday, Good Friday, or Christmas 
 Day, that day or days shall be passed over, and the following shall be the day 
 to which the adjournment shall be made. 
 
 Extent of Ad. 
 9. Nothing in this Act shall be construed to apply to Ireland or Scotland. 
 
 Pabliamentaey Voteks Eegisteation Act, 1843. 
 
 6 & 7 Vict. c. 18 {u). 
 
 An Act to amend the Law for the Registration of Persons entitled to vote, and 
 to define certain Eights of voting, and to regulate certain Proceedings in 
 the Election of Members to serve in Parliament for England and 
 Wales [v). 
 
 28. [After providing for the appointment of revising barristers enacts] that 
 no barrister shall be so appointed who shall be ... a member of Parliament, 
 or (w) who shall hold any office or place of profit under the crown, except the 
 office of recorder of any city or borough ; . . . and that no barrister appointed 
 as aforesaid shall for eighteen months from the time of his appointment be 
 eligible to serve in Parliament for any county, riding, parts or division of a 
 coirnty, or for any city, borough, or other place as aforesaid for which he shall 
 be so appointed (a;). 
 
 Appeal pending not to affect right of voting. — No decision after election to 
 affect the result of such election. 
 
 69. No right of voting at any election of a member or members to serve in 
 Parliament shall be afieoted by any appeal pending in the said court at the time 
 of the issuing of the writ for such election, but it shall be lawful for every 
 person to exercise the. right of voting at such election as effectually, and every 
 vote tendered thereat shall be as good, as if no such appeal were pending ; and 
 the subsec[uent decision of any appeal which shall be pending in the said court 
 at the time of the issuing of the writ for any such election shall not m any way 
 whatsoever alter or affect the poll taken at such election, nor the return made 
 thereat by the returning officer («/). 
 
 No inquiry at time of election, except as to identity of the voter, and whether 
 he has already voted. — Oath to he administered to voter, if required. 
 
 81. In all elections whatever of a member or members to serve in Parliament 
 for any county, riding, parts or division of a county, or for any city or borough, 
 in England or Wales, no inquiry shall be permitted at the time of polling as to 
 the right of any person to vote, except only as follows ; (that is to say,) that the 
 returning officer or his respective deputy shall, if required on behalf of any 
 candidate, put to any voter at the time of his tendering his vote, and not after- 
 wards, the following questions, or either of them : 
 
 1. Are you the same person whose name appears as A.B. on the register of 
 voters now in force for the county of , [or for the riding, 
 
 parts, or division of the county of ], or for the city [or horough} 
 
 of [as the case may ie] ? 
 
 (w) See pp. 31, 46, sujjra. missionevs under 15 & 16 Vict. c. 57, are 
 
 (d) This Act applies to parliamentary excepted from this disqualification : 29 & 
 
 counties in like manner as to parlia- 30 Vict. c. 54. 
 
 mentary boroughs, 48 Vict, c 15. s. 1. (at) See p. 4, sup7-a. 
 
 (w) Barristers, who are Election Com- (y) See p. 27, supra. 
 
STATUTES. PARLIAMENTARY REGISTRATION ACT, 1843. 241 
 
 2. Have you already voted, either here or elsewhere, at this election for the 
 
 county of [or for the riding, parts, or division of the 
 
 county of J, or for the city [or borough] of [as the case may 
 
 he] ? _ 
 
 And if any person shall wilfully make a false answer to either of the questions 
 
 aforesaid he shall be deemed guilty of a misdemeanor, and shall and may be 
 
 indicted and punished accordingly ; and the returning officer or his deputy . . . 
 
 shall, it required on behalf of any candidate at the time aforesaid, administer an 
 
 oath to any voter in the following form : 
 
 " You do swear for affirm, as the case may be], that you are the same person 
 whose name appears as A.B. on the register of voters now in force for the county 
 of , [or for the riding, parts, or division of the county of 
 
 ], or for the city [or borough] of [as the case may be], and that 
 
 you have not before voted, either here or elsewhere, at the present election for 
 the county of , [or for the riding, parts, or division of the 
 
 county of J, or for the city [or borough] of [as the case may be.] 
 
 "So help you GOD "(a-). 
 
 Voter not to he required to take any other oath. — No vote to be rejected 
 except in consequence of answers to inquiries, or refusal to answer, or to tahe 
 the oath. — No scrutiny to he allowed by or before returning officer. 
 
 82. Save as aforesaid, it shall not be lawful to require any voter at any election 
 whatever of a member or members to serve in Parliament to take any oath or 
 affirmation, either in proof of his freehold, or of his residence, age, or other 
 qualification or right to vote, any law or statute, local or general, to the contrary 
 notwithstanding ; nor to reject any vote tendered at such election by any person 
 whose name shall be upon the register of voters now in force for the time being, 
 except by reason of his appearing to the returning officer or his deputy, upon 
 puttmg such questions as aforesaid, or either of them, that the person so claiming 
 to vote is not the same person whose name appears on such register as aforesaid, 
 or that he had previously voted at the same election, or except by reason of such 
 person refusing to answer the said questions or either of them, or to take the 
 said oath, or make the said aflBrmation, . . . ; and no scrutiny shall hereafter 
 be allowed by or before any returning officer with regard to any vote given or 
 tendered at any such election ; any law, statute, or usage to the contrary 
 notwithstanding. 
 
 Agents may be appointed by candidates to detect personation at the time of polling. 
 
 85. It shall be lawful for any candidate, at any election of a member or 
 members to serve in Parliament for any county, city, or borough, previous to 
 the time fixed for taking the poll at such election, to nominate and appoint an 
 agent or agents on his behalf to attend at each or any of the booths appointed 
 for taking Qie poll at such election, for the purpose of detecting personation ; 
 and such candidate shall give notice in writing to the returning officer, or his 
 respective deputy, of the name and address of the person or persons so appointed 
 by him to act as agent for such purpose ; and thereupon it shall be lawful for 
 every such agent to attend during the time of polling at the booth or booths for 
 whidi he shall have been so appointed {y). 
 
 Returning officer may order persons charged with personation to he taleen 
 into custody. — Vote not to be rejected if questions answered in the affirmative; 
 hut note of protest to be entered against vote in poll book. 
 
 86. If at the time any person tenders his vote at such election, or after he 
 has voted, and before he leaves the polling booth, any such agent so appointed 
 as aforesaid shall declare to the returning officer, or his respective deputy, 
 presiding therein, that he verily believes, and undertakes to prove, that the said 
 person so voting is not in fact the person in whose name he assumes to vote, or 
 to the like effect, then and in every such case it shall be lawful for the said 
 returning officer, or his said deputy, and he is hereby required, immediately 
 
 (») See pp. 50, 59, mpra. (y) See p. 59, sujjra. 
 
 L.E. K 
 
242 APPENDIX II. 
 
 after such person shall have voted, by word of mouth to order any constable or 
 other peace officer to take the said person so voting into his custody, which said 
 order shall be a sufficient warrant and authority to the said constable or peace 
 officer for so doing : Provided always, that nothing herein contained shall be 
 construed or taken to authorize any returning officer, or his deputy, to reject 
 the vote of any person who shall answer in the affirmative the questions 
 authorized by this Act to be put to him at the time of polling, and shall take 
 the (h) oaths or make the affirmations authorized and required of him ; but the 
 said returning officer, or his deputy, shall cause the words, " protested against 
 for personation," to be placed against the vote of the person so charged with 
 personation when entered in the poll book (2). 
 
 Persons cJiarged loiili personation to he taken before tivo justices. — Bail 
 to he taken or person discharged in certain cases ; but charge may be suhse- 
 quently inquired into, and persons charged may he re-arrested. 
 
 87. Every such constable or peace officer shall take the person so in his 
 custody, at the earliest convenient time, before some two justices of the peace 
 acting in and for the county, city or borough within which the said person shall 
 have so voted as aforesaid : Provided always, that in case the attendance of two 
 such justices as aforesaid cannot be procured within the space of three hours 
 after the close of the poll on the same day on which such person shall have been 
 so taken into custody it shall be lawful for the said constable or peace officer, 
 and he is hereby required, at the request of such person so in his custody, to 
 take him before any one justice of the peace acting as aforesaid, and such justice 
 is hereby authorized and required to liberate such person on his entering into a 
 recognizance, with one sufficient surety, conditioned to appear before any two 
 such justices as aforesaid, at a time and place to be specified in such recognizance 
 to answer the said charge; and if no such justice shall be found within four 
 hours after the closing of the said poU then such person shall forthwith he 
 ■discharged from custody : Provided also, that if in consequence of the absence of 
 such justices as aforesaid, or for any other cause, the said charge cannot be 
 inquired into within the time aforesaid, it shall be lawful nevertheless for any two 
 such justices as aforesaid to inquire into the same on the next or on some other 
 subsequent day, and if necessary, to issue their warrant for the apprehension of 
 the person so charged (a). 
 
 If justices are satisfied that the person charged has been guilty of personation, 
 they are to commit him for trial. 
 
 88. If on the hearing of the said charge the said two justices shall be satisfied, 
 upon the evidence on oath of not less than two credible witnesses, that the said 
 person so brought before them has knowingly personated and falsely assumed to 
 vote in the name of some other person within the meaning of this Act, and is 
 not in fact the person in whose name he voted, then it shall be lawful for the 
 said two justices to commit the said offender to the gaol of the county, city or 
 borough within which the offence was committed, to take his trial according to 
 law, and to bind over the witnesses in their respective recognizances to appear 
 and give evidence on such trial as in the case of other misdemeanors (a). 
 
 If justices are satisfied that the charge is unfounded, they are to order 
 compensation ; to he paid by agent or levied by distress on his goods or those 
 of his principal, or recovered by action of debt. — If party falsely charged accepts 
 compensation, no action to be brought. 
 
 89. If the said justices shall on the hearing of the said charge be satisfied that 
 the said person so charged with personation is really and in truth the person in 
 whose name he voted, and that the charge of personation has been made against 
 him without reasonable or just cause, or if the agent so declaring as aforesaid, 
 orsome one on his behalf, shall not appear to support such charge before the 
 said justices, then it shall be lawful for the said justices, and they are hereby 
 required, to make an order in writing under their hands, on the said agent so 
 
 (A) The oath required by sect. 81 is (z) See pp. 30, 31, 60, supra. 
 
 now the only oath. See repeal of the (a) See pp. 31, 60, smpra. 
 
 bribery oath by 17 & 18 Vict. c. 102. 
 
STATUTES. PARLIAMENTARY REGISTRATION ACT, IH43. 243 
 
 declaring; as aforesaid, to pay to the said person so falsely charged, if he shall 
 consent to accept the same, any sum not exceeding the sum of ten pounds, nor 
 less than five pounds, by way of damages and costs ; and if the said sum shall 
 not he paid within twenty-four hours after such order shall have been made, 
 then the same shall be levied, by warrant under the hand and seal of any justice 
 of the peace acting as aforesaid, by distress and sale of the goods and chattels of 
 the said agent ; and in case no sufficient goods or chattels of the said agent can 
 ho found on which such levy can be m.ade, then the same shall be levied in like 
 manner on the goods and chattels of the candidate by whom such agent was so 
 appointed to act ; and in case the said sum shall not be paid or levied in the 
 manner aforesaid, then it shall be lawful for the said person to whom the said 
 sum of money was so ordered to be paid to recover the same from the said agent 
 or candidate, with full costs of suit, in an action of debt to be brought in any one 
 of her Majesty's superior courts of record at Westminster: Provided always, 
 that if the person so falsely charged shall have declared to the said justices his 
 consent to accept such sum as aforesaid by way of damages and costs, and if the 
 whole amount of the sum so ordered to be paid shall have been paid or tendered 
 to such person, in every such case, but not otherwise, the said agent, candidate, 
 and every other person shall be released from all actions or other proceedings, 
 civil or criminal, for or in respect of the said charge and apprehension (6). 
 
 Sheriffs, and returning officers to iirovide constables at polling places. 
 
 90. It shall and may be lawful for the high sheriff of any county, and for the 
 mayor or returning officer of any city or borough, and he and they are hereby 
 required, for the purposes aforesaid, to provide a sufficient attendance of 
 constables or peace officers in each booth at the different polling places within 
 their respective counties, cities, or boroughs. 
 
 Liverymen of London to poll in the Oidldhall. 
 
 98. In the city of London the returning officer or officers shall take the poll or 
 votes of such freemen of the said city, being liverymen of the several companies, 
 as are entitled to vote at such election, in the Guildhall of the said city, and 
 shall not be required to provide for them any booth or compartment, but shall 
 take one poll for the whole number of such liverymen at the same place. 
 
 Poll hooks at the close of a contested election to be sealed and transmitted 
 to the clerk of the Crown in Chancery. 
 
 93. \_Recital in fart of 2 & 'A Will. 4, c. 45, ss. 65, 68.] At every contested 
 election of a member or members to serve in Parliament for any county, riding, 
 parts, or division of a county, or for any city or borough in England or Wales, 
 or for the town of Berwick-upon-Tweed, the sheriff, under sheriff, or returning 
 officer, after having declared the state of the poll, and made proclamation of the 
 member or members chosen to serve in ParKameut in the manner provided for 
 hy the said herein-before in part recited Act, shall forthwith enclose and seal up 
 the several poll books, and tender the same to each of the candidates, to be 
 sealed by them respectively ; and in case any candidates shall neglect or refuse 
 to seal me same, the sheriff, under sheriff, or returning officer shall thereupon 
 indorse on one of the said poll books the fact of such neglect or refusal ; and 
 every such sheriff, under sheriff, or other returning officer shall, by himself or 
 his agent, as soon as possible after such proclamation as aforesaid, deliver the 
 same poU books, so sealed as aforesaid, to the clerk of the crown in the High 
 Court of Chancery, or his deputy, or deliver the same, directed to the said clerk 
 of the crown, to the postmaster or deputy postmaster of the city, town or place 
 wherein such proclamation shall have been made as aforesaid, who on receipt 
 thereof shall give an acknowledgment in writing of such receipt to such 
 sheriff, under sheriff, or returning officer, expressing therein the time of such 
 dehvery, and shall keep a duplicate of such acknowledgment, signed by such 
 sheriff, under sheriff, or returning officer ; and the said postmaster or deputy 
 postmaster shall despatch aU. such poll books, so sealed and directed as aforesaid. 
 
 (>) See pp. 31, 60, supra. 
 
 K 2 
 
244 APPENDIX II. 
 
 by the first post or mail after tte receipt thereof, to the General Post Office in 
 London ; and the postmaster or postmasters general are hereby directed, imme- 
 diately on receipt of such poll books, to convey the same to the crown office, and to 
 deliver the same there, so sealed as aforesaid, to the said clerk of the crown or 
 his deputy ; and the said clerk of the crown or his deputy is hereby required to 
 give to such postmaster or postmasters general, sheriff, under sheriff, returning 
 officer, or agent delivering the same, a memorandum in writing, acknowledging 
 the receipt of such poll books, and setting forth the day and hour when the 
 same were delivered at the crown office ; and the said olerk of the crown or his 
 deputy is hereby required, immediately on receipt x>i such poll books, to register 
 the same in the books of the said crown office, and to indorse thereon the day 
 and hour upon which he received the same ; and every such sheriff, under 
 sheriff, or returning officer is hereby required, at the time of transmitting such 
 poll books as aforesaid through the post office, to address and forward a letter, 
 by the same post or mail to the said clerk of the crown, informing him of such 
 transmission, and giving the number and description of such poll books so 
 transmitted (c). 
 
 Parties wilfidlij contravening this Act liable to penalty, recoverable by action 
 
 of debt. 
 97. Every sheriff, under sheriff, clerk of the peace, town clerk, secondary, 
 returning officer, clerk of the crown, postmaster, overseer, or other person, or 
 public officer, required by this Act to do any matter or thing, shall for every 
 wilful misfeasance, or wilful act of commission or omission contrary to this 
 Act, forfeit to any party aggrieved the penal sum of one hundred pounds, or 
 such less sum as the jury before whom may be tried any action to be brought 
 for the recovery of the before-mentioned sum shall consider just to be paid to 
 such party, to be recovered by such party, with full costs of suit, by action for 
 debt in any of her Majesty's superior courts at Westminster : Provided always, 
 that nothing herein contained shall be construed to supersede any remedy or 
 action against any returning officer according to any law now in force. 
 
 10 & 11 Vict. c. 21. 
 
 An Act to regulate the Stations of Soldiers during Parliamentary Elections. 
 
 [23rd April 1847.] 
 
 Soldiers to remain in bai-rachs or quarters during elections. 
 
 2. On every day appointed for the nomination or for the election or for taking 
 the poll for the election of a member or members to serve in the Commons 
 House of Parliament no soldier within two miles of any city, borough, town, or 
 place where such nomination or election shall be declared or poll taken shall be 
 allowed to go out of the barrack or quarters in which he is stationed, unless for . 
 the purpose of mounting or relieving guard, or for giving his vote at such 
 election; and every soldier allowed to go out for any such purpose within the 
 limits aforesaid shall return to his barrack or quarters with all convenient speed 
 as soon as his guard shall have been relieved or vote tendered (d). 
 
 Notice of elections to he given to Secretary at War, and commanding officers. 
 
 3. When and so often as any election of any member or members to serve in 
 the Commons House of Parliament shall be appointed to be made, the clerk of 
 the crown in chancery or other officer making out any new writ for such election 
 shall, with all convenient speed after making out the said writ, give notice 
 ^e^'eof to the Secretary at War . . . who shall, at some convenient time before 
 t^ day appointed for such election, give notice thereof in writing to the general 
 officer commanding in each district of Great Britain, who shall thereupon give 
 the necessary orders for enforcing the execution of this Act in all places under 
 his command (d) . 
 
 (c) See p. 2i, supra. (d) See p. 10, supra. 
 
STATUTES. 10 & 11 VICT. C. 21. 245 
 
 Saving as to certain soldiers, 
 
 4. Nothing in this Act contained shall be deemed to apply to any soldiers 
 attending as the guards of her Majesty or any pei-son of the royal family, or to 
 the soldiers usually stationed or employed within the Bank of England (e). 
 
 Election Commissioners Act, 1852. 
 
 15 & 16 Vict. o. 57. 
 
 An Act to provide for more effectual Inquiry into the Existence of Corrupt 
 Practices at Elections for Members to serve in Parliament. 
 
 [30th June 1852.] 
 \_Preamhle.'] 
 
 Ajqiointinent of commissioners to inquire into corriqd practices at elections. 
 
 1. Where by a joint addi'ess of both Houses of Parliament it shall be repre- 
 sented to her Majesty that a committee of the House of Commons appointed to 
 try an election petition, or a committee of that House appointed to inquire into 
 the existence of corrupt practices in any election or elections of a member or 
 members to serve in Parliament, have reported to the House that corrupt 
 practices have, or that there is reason to believe that corrupt practices have, 
 extensively prevailed in any county, division of a county, city, borough, 
 university, or place in the United Kingdom electing or sharing in the election 
 of a member or members to serve in Parliament, at any election or elections of 
 such members or member, and the said Houses shall thereupon pray her 
 Majesty to cause inquiry to be made under this Act, by persons named in such 
 address, such persons being (where the inquiry to be made relates to a place in 
 England or Ireland) barristers-at-law of not less than seven years standing, or 
 (where such inquiry relates to a place in Scotland) advocates of not less than 
 seven years standing, and not being members of Parliament, or holding any 
 office or place of profit under the Crown, other than that of a recorder of any 
 city or borough, it shall be lawful for her Majesty, by warrant under her lioyal 
 Sign Manual, to appoint the said persons to be commissioners for the purpose of 
 making inquiry into the existence of such con'upt practices ; and in case any 
 of the commissioners so appointed die, resign, or become incapable to act, it 
 shall be lawful for the surviving or continuing commissioners or commissioner 
 to act in such inquiry as if they or he had been solely appointed to be commis- 
 sioners or a sole commissioner for the purposes of such inquiry, and (as to such 
 sole commissioner) as if this Act had authorized the appointment of a sole 
 commissioner; and all the provisions of this Act concerning the commissioners 
 appointed to make any such inquiry shall be taken to apply to such surviving or 
 continuing commissioner or commissioners (/). 
 
 Commissioners to he sworn. 
 
 2. Every commissioner appointed in pursuance of this Act shall, before be- 
 ginning to act in the execution of this Act, take the following oath ; (that is 
 to say,) 
 
 " 1 A.B. do swear, that I will truly and faithfully execute the powers and 
 trusts vested in me by the Election Commissioners Act, 1852, according to the 
 best of my knowledge and judffuient. 
 
 "So help me GOD." 
 And every such commissioner appointed in England or Ireland shall take such 
 oath before a justice of the Court of Queen's Bench, or a baron of the Court of 
 Exchequer, in England or Ireland respectively ; and every such commissioner 
 appointed in Scotland shall take such oath before a judge of the Court of 
 Session in Scotland. 
 
 Secretary and clerks to be appointed. 
 
 3. It shall be lawful for any commissioners appointed under this Act to 
 appoint, and at their pleasure to dismiss, a secretary, and so many clerks, 
 
 («) See p. 10, supra. (/) See p. 221, supra. 
 
246 APPENDIX II. 
 
 messengers, and officers as shall be thought necessary by one of her Majesty's 
 Principal Secretaries of State, for the purpose of conducting the inquiry to be 
 made by them, and to pay to such secretary, clerks, messengers, and officers 
 such salaries and allowances as shall be thought reasonable by the Treasurj'. 
 
 Meetings of commissioners. 
 
 4. The commissioners appointed under this Act to make inquiry as aforesaid 
 in relation to any county, division of a county, city, borough, university, or 
 place, shall, upon their appointment, or within a reasonable time afterwards, go 
 to such county, division of a county, city, borough, university, or place, and 
 shall from time to time hold meetings for the purposes of such inquiry at some 
 convenient place within the same, or within ten miles thereof, and shall have 
 power to adjourn such meetings .from time to time, and from any one place to 
 any other place within such county, division of a county, city, borough, univer- 
 sity, or place, or within ten miles thereof, as to them may seem expedient; and 
 such commissioners shall give notice of their appointment, and of the time and 
 place of holding their first meeting, by publishing the same in some newspaper 
 in general circulation in such county, division of a county, city, borough, 
 university, or place, or the neighbourhood thereof : Provided always, that such 
 commissioners shall not adjourn the inquiry for any period exceeding one 
 week, without the consent and approbation of one of her Majesty's Principal 
 Secretaries of State. 
 
 Meetings in London and Westminster, 
 
 5. Provided also, that it shall be lawful for the said commissioners, with such 
 consent and approbation as aforesaid, to hold meetings of the said commissioners 
 in the cities of London or Westminster, and to adjourn the same from time to 
 time, as they may deem fit. 
 
 Inquiry hy the commissioners. 
 
 6. Such commissioners shall, by all such lawful means as to them appear best, 
 with a view to the discovery of the truth, inquire into the manner in which the 
 election in relation to which such committee as aforesaid may have reported to 
 the House of Commons, or, where the report of such committee has referred to 
 two or more elections, the latest of such elections, has been conducted, and 
 whether any coiTupt practices have been committed at such election, and, if so, 
 whether by way of the gift or loan or the promise of the gift or loan of any 
 sum of money or other valuable consideration to any voter or voters, or to any 
 other person or persons in his or their behalf, for the promise or the giving of 
 his or their vote or votes, or for his or their refraining or promising to refrain 
 from giving his or their vote or votes, at such election, or for his or their pro- 
 curing or undertaking to procure the votes of other electors at such election, or 
 whether by the payment of any sum of money or loan or other valuable con- 
 sideration whatsoever to any voter, or to any other person on his behalf, before, 
 during, or after the teiTnination of such election, by way of head money, or in 
 compliance with any usage or custom in the county, division of a county, cit}"-, 
 borough, university, or place to which the inquiry relates, or how otherwise, or 
 whether any sum of money or other valuable consideration whatsoever has been 
 paid to any voter, or to any other person on his behalf, aftflr the termination of 
 such election, as a reward for giving or for having refrained from giving his vote 
 at such election ; and in case such commissioners find that corrupt practices 
 have been committed at the election into which they are herein-before authorized 
 to inquire, it shall be lawful for them to make the like inquiries concerning the 
 latest previous election for the same county, division of a county, city, borough, 
 university, or place ; and upon their finding corrupt practices to have been com- 
 mitted at that election it shall be lawful for them to make the like inquiries 
 concerning the election immediately previous thereto for such county, division 
 of a county, city, borough, university, or place, and so in like manner from 
 election to election, as far back as they may think fit; but where upon inquiry 
 
STATUTES. ELECTION COMMISSIONERS ACT, 1852. 247 
 
 as aforesaid concerning any election sucli commissioners do not find that corrupt 
 practices have been committed thereat, they shall not inquire conoerniDg any 
 previous election ; and such commissioners shall from time to time report to her 
 Majesty the evidence taken by them, and what they find concerning the premises, 
 and especially such commissioners shall report with respect to each election the 
 names of all persons whom they find to have been guilty of corrupt practice at 
 such election, and as well of those who have given bribes for the purchase or for 
 the purpose of purchasing the votes of others as of those who have themselves 
 received money or any otner valuable consideration for having given or having 
 refrained from giving, or for the purpose of inducing them to give or to refrain 
 from giving their votes at such election, and also the names of all persons whom 
 they find to have given to others, or to have received themselves, payments by 
 way of head money, or as a reward for giving or refraining from giving their 
 votes at such election, and aU other things whereby in the opinion of the said 
 commissioners the truth may be better known touching the premises (g). 
 
 Seporta to be laid before Parliament. 
 
 7. Every report which such commissioners make to her Majesty in pursuance 
 of this Act shaU be laid before Parliament within one calendar month next after 
 such report is made, if Parliament be then sitting, or, if Parliament be not 
 then sitting, then within one calendar mouth next after the then next meeting 
 of ParHament. 
 
 Attendance of persons and production of books, Jcc. — Proviso as to admissibility in 
 evidence of statements, 
 
 8. It shall be lawful for such commissioners, by a summons under their hands 
 and seals, or under the hand and seal of any one of them, to require the attend- 
 ance before them, at a place and time to be mentioned in the summons, which 
 time shall be a reasonable time from the date of such summons, of any persons 
 whomsoever, whose evidence, in the judgment of such commissioners or com- 
 missioner, may be material to the subject matter of the inquiry to be made by 
 such commissioners, and to require all persons to bring before them such books, 
 papers, deeds, and writings, as to such commissioners or commissioner appear 
 necessary for arriving at the truth of the things to be inquired into by them 
 under this Act; all which persons shall attend such commissioners, and shall 
 answer all questions put to them by such commissioners touching the matters 
 to be inquired into by them, and shall produce all books, papers, deeds, and 
 writings required of them, and in their custody or under their control, according 
 to the tenor of the summons : Provided always, that no statement made by any 
 person in answer to any question put by such commissioner shall, except in 
 cases of indictment for perjury committed in such answers, be admissible in 
 evidence in any proceeding, civil or criminal. 
 
 Examination on oath, tfcc. 
 
 11. It shall be lawful for any such commissioners, or one of them, to 
 administer an oath, or an affirmation where an affirmation would be admitted in 
 a court of justice on the ground of religious scruples, to all persons who are 
 examined before them touching the things to be inquired into by them under 
 this Act. 
 
 Penalty for non-attendance, or refusing to give evidence or produce books, Ac. 
 
 12. If any person on whom any summons shall have been served, by the 
 deUvery thereof to him or by the leaving thereof at his usual place of abode, 
 fail to appear before the said commissioners at the time and place specified in 
 such summons, it shall be lawful for the said commissioners to certify such 
 default under their hands and seals, or under the hand and seal of any one of 
 them, to any of her Majesty's superior coui-ts in England or Ireland or to the 
 Court of Session in Scotland, or to the Lord Ordinary on the bills in the said 
 court, as the case may be ; and thereupon such court or judge shall proceed 
 
 {g) See p. 221, supra. 
 
248 APPENDIX II. 
 
 against the person so failing to attend, in tlie same manner as if the said person 
 had failed to obey any writ of subpoena, or any process issuing out of the said 
 court; and if any person so summoned to attend as aforesaid, and having 
 appeared before the said commissioners, shall refuse to be sworn, or to make 
 answer to such questions as are put to him touching the matters in question by 
 the said commissioners, or to produce and show to the said commissioners any 
 papers, books, deeds, or writings being in his possession or under his control, 
 which the commissioners may deem necessary to be produced ; or if any person 
 shall be guilty of any contempt of the said commissioners or their office, the 
 said commissioners shall have such and the same powers, to be exercised in the 
 same way, as any judge of any of her Majesty's superior courts of England or 
 Ireland, or of the Court of Session in Scotland, sitting under any commission, 
 may now by law exercise in that behalf ; and all head-boroughs, gaolers, con- 
 stables, and bailifEs shall and they are required to give their aid and assistance 
 to the said commissioners in the execution of their office. 
 
 Penalty for false swearing, &c. 
 
 13. Every person who, upon examination upon oath or affirmation before any 
 commissioners to be appointed under this Act, wilfully gives false evidence, 
 shall be liable to the pains and penalties of perjury. 
 
 Expences of witnesses. 
 
 14. The said commissioners shall have power, if they deem fit, to award to 
 any witness summoned to appear before them a reasonable sum for his or her 
 travelling expences, and for his or her maintenance, according to a scale to be 
 determined and approved of by the Treasury ; and the said commissioners shall 
 certify to the Treasury the names of the said witnesses, together with the sums 
 allowed to each ; and the said commissioners shall pay to the said witnesses the 
 said sums so allowed as aforesaid, out of any money which may be provided by 
 Parliament for the purposes of the said commission. 
 
 Protection of commissioners. 
 
 16. The commissioners shall have such and the like protection and privileges, 
 in case of any action brought against them for aiiy act done or omitted to be 
 done in the execution of their duty, as is now by law given by any Act or Acts 
 now or hereafter to be in force to justices acting in execution of their office. 
 
 Paeliamentaey Elections Act, 1853. 
 
 16 & 17 Vict. c. 68 (/(). 
 
 An Act to limit the Time for proceeding to Election in Counties and Boroughs 
 in England and Wales, and for Polling at Elections for the Universities of 
 Oxford and Cambridge, and for other Purposes. 
 
 [loth August 1853.] 
 
 Direction of writs in coiiiiti/, university, and borough elections. 
 
 1. The writ for any election hereafter to be directed to the sheriff of anj' county 
 in England or Wales (other than the county of a city or of a town) shall require 
 such sheriff to cause election to be made of a knight or knights to serve in 
 Parliament for such county, and for any riding, parts, or division thereof only, 
 and not further or otherwise ; the writ for making any election of a member or 
 members to serve in Parliament for the Universities of Oxford and Cambiidge, 
 and for every borough, town corporate, port, or place returning members to 
 serve in Parliament in England and Wales, shall hereafter be directed to the 
 Vice Chancellors of the said Universities, and to the returning officers of such 
 boroughs, towns corporate, ports, and places respectively; and such Vice 
 
 (Ji) See pp. 7, 19, siqira. 
 
STATUTES. PARLIAMENTARY ELECTIONS ACT, 1853. 249 
 
 Chancellors and returning officers shall ttereupon in due course of law proceed 
 to election, and after such election certify the same, together with the writ, 
 according to the directions thereof ; all such writs hereafter to be issued, and all 
 mandates, precepts, instruments, proceedings, and notices consequent upon such 
 writs, shall be and the same are hereby authoiized to be framed and expressed 
 in such manner and form as may be necessary for carrying the provisions of 
 this Act into effect (i). 
 
 Polling at the universities to continue for five days only. 
 
 4. At any election of a member or members to sei've in Parliament for either 
 of the Universities of Oxford and Cambridge the polling shall not continue for 
 more than five days at the most, Sunday, Christmas Day, Good Friday, and 
 Ascension Day being excluded (/). 
 
 Vice Chancellors r.iay appoint additional polling places, cfcc, and appoint Pro Vice 
 Chancellors, &c., for conducting the poll. 
 
 5. At every such election the Vice Chancellor shall have power to appoint 
 any number of polling places not exceeding three, in addition to the House of 
 Convocation or Senate House, and to direct at which of such polling places the 
 members of Convocation and of the Senate according to their colleges shall 
 vote, and also to appoint any number of Pro Vice Chancellors, any one of whom, 
 may receive the votes and decide upon all questions during the absence of such 
 Vice Chancellor ; and such Vice Chancellor shall have power to appoint any 
 number of poll clerks and other officers, by one or more of whom the votes shall 
 be entered in such number of poll books as shall be judged necessai-y by such 
 Vice Chancellor (/). 
 
 Polls not to he taken at inns, &c., luithout consent of uU the candidates. 
 
 6. No poU at any election for members of Parliament in England and Wales 
 shall be taken at any inn, hotel, tavern, public-house, or other premises licensed 
 for the sale of beer, wine, or spirits, or in any booth, hall, room, or other place 
 directly communicating therewith, unless by consent of all the candidates 
 expressed in writing (k). 
 
 17 & 18 Vict. o. 57. 
 
 An Act to amend the Law relating to the Appointment of Eeturning Officers in 
 certain cases. [31st July 1854.] 
 
 Writs fur borough elections to be directed to returning officer or his depiaty, and 
 in their absence to the sheriff of the county ; loho shall perform duties of returning 
 officers in boroughs in absence of such officers, &c. 
 
 1. Every writ for making any election of a member to serve in Parliament for 
 ■any borough, city, or town shall be dii-ected to the returning officer of the, said 
 borough or his deputy, and in their absence to the sheriff of the county in which 
 the said city, borough, or town is situate ; and in all cases whatever, whenever 
 there shall be, either from temporary vacancy or from some other cause, no 
 person_ duly qualified in any borough, citj% or town to perform the duties of a 
 returning officer for the same, the sheriff of the county in which such borough, 
 city, or town is situate shall be charged with the execution of the said writ, and 
 shall execute the same and in all respects jjerform the duties of and incidental 
 to the office of returning officer : Provided always, that it shall not be lawful for 
 the said sheriff to receive or execute the writ, except when there shall be no 
 person within the said borough, city, or town legallj' qualified and competent 
 as returning officer to execute the same (/). 
 
 (i) See p. 12, supra. (/■) See p. 2."), supra, 
 
 (j) See p. 24, supra. (I) See p. 12, supra. 
 
250 APPENDIX II. 
 
 CoEErPT Practices Pkevention Act, 1854. 
 
 17 & 18 Vict. o. 102. 
 
 An Act to consolidate and amend the Laws relating to Bribery, Treating, and 
 undue Influence at Elections of Members of Parliament (Q. 
 
 [loth August 1854.] 
 Bribery defined. 
 
 2. The foUowing persons shall be deemed gmlty of bribery, and shall be 
 punishable accordingly : 
 
 1. Every person who shall, directly or indirectly, by himself, or by any other 
 
 person on his behalf, give, lend, or agree to give or lend, or shall offer, 
 promise, or promise to procure or to endeavour to procure, any money, 
 or valuable consideration, to or for any voter, or to or for any person on 
 behalf of any voter, or to or for any other person, in order to induce any 
 voter to vote, or refrain from voting, or shall corruptly do any such act 
 as aforesaid on account of such voter having voted or refrained from 
 voting at any election (m) : 
 
 2. Every person who shall, directly or indirectly ,_ by himself, or by any other 
 
 person on his behalf, give or procui'e, or agree to give or procure, or ofier, 
 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 {n) : 
 
 3. Every person who shall, directly or indirectly, by himself, or by any other 
 
 person on his behalf, make any such gift, loan, oSer, promise, procure- 
 ment, or agreement as aforesaid, to or for any person, in order to ioduce 
 such person to procure, or endeavour to procure, the return of any person 
 to serve in ParCament, or the vote of any voter at any election (o) : 
 
 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 ( jp) : 
 
 0. Evei-y person who shall advance or pay, or cause to be paid, any money to 
 
 or to the use of any other person, with the intent that such money or any 
 part thereof shall be expended in bribery at any election, or who shall 
 knowingly pay or cause to be paid any money to any person in discharge 
 or repayment of any money wholly or in part expended in bribery at any 
 election (q): 
 . . . Provided always, that the aforesaid enactment shall not extend or be con- 
 strued to extend to any money paid or agreed to be paid for or On account of 
 any legal expenses bona fide incurred at or concerning any election [q). 
 
 Bribery further defined. 
 
 3. The following persons shall also be deemed guilty of bribery, and shall be 
 punishable accordingly : 
 
 1. Every voter who shall, before or during any election, directly or indirectly, 
 
 by himself, or by any other person on his behaU, receive, agree, or con- 
 tract for any money, gift, loan, or valuable consideration, office, place, or 
 employment, for himself or for any other person, for voting or agreeing 
 to vote, or for refraining or agi'eeing to refrain from voting, at any 
 election (r) : 
 
 2. Every person who shall, after any election, directly or indirectly, by him- 
 
 self, or by any other person on his behalf, receive any money or valuable 
 
 Q) This Act, which by sect. 39 was of (k) See pp. 90, 96, 101, supra. 
 
 temporary duration, has as to so much (u) See pp. 91, 104, supra. 
 
 as is continued by 46 & 47 Vict. c. 51, (p) See pp. 91, 105, supra. 
 
 been continued by the Expiring Laws (q) See pp. 91, 106, supra. 
 
 Continuance Acts. (?•) See p. 91, supra. 
 
 {m) See pp. 90, 94, 96, svpra. 
 
STATUTES. CORRUPT PRACTICES ACT, 1854. 251 
 
 consideration on account of- any person having voted or refrained from 
 voting, or having induced any other person to vote or to refrain from 
 voting, at any election (a) : 
 
 No cochadea, &c., to he given at elections. 
 
 7. No candidate, before, during, or after any election, shall in regard to such 
 election, by himself or agent, directly or indirectly, give or provide to or for 
 any person having a vote at such election, or to or for any inhabitant of the 
 county, city, borough, or place for which such election is had, any cockade, 
 ribbon, or other mark of distinction ; and every person so giving or providing 
 shall for every such offence forfeit the sum of two pounds to such person as shall 
 sue for the same, together with full costs of suit . . . {t). 
 
 Voters not compellable to serve as special constables during elections. 
 
 8. No person having a right to vote at the election for any county, city, 
 borough, or other place shall be liable or compelled to serve as a special constable 
 at or during any election for a member or members to serve in Parliament for 
 such county, city, borough, or other place, unless he shall consent so to act ; and 
 he shall not be liable to any fine, penalty, or punishment whatever for refusing 
 so to act, any statute, law, or usage to the contrary notwithstanding. 
 
 Costs and expenses of prosecutions for offences. 
 
 10. It shall be lawful for any criminal court Before which any prosecution 
 shall be instituted for any offence against the provisions of this Act to order 
 payment to the prosecutor of such costs and expenses as to the said court shall 
 appear to have been reasonably incurred in and about the conduct of such 
 prosecution : Provided always, that no indictment for bribery or undue influence 
 shall be triable before any court of quarter sessions. 
 
 Costs lohere judgment fur defendant. 
 
 IS. In case of any indictment or information by a private prosecutor for any 
 offence against the provisions of this Act, if judgment shall be given for the 
 defendant, he shall be entitled to recover from the prosecutor the costs sustaned 
 by the defendant by reason of such indictment or inform.ation, such costs to be 
 taxed by the proper officer of the court in which such judgment shall be given. 
 
 Conditions on which prosecutor entitled to costs. 
 
 13. It shall not be lawful for any court to order payment of the costs of 
 a prosecution for any offence against the provisions of this Act, unless the 
 prosecutor shall, before or upon the finding of the indictment or the granting of 
 the information, enter into a recognizance, with two sufficient sureties, in the 
 sum of two himdred pounds, (to be acknowledged in like manner as is now 
 required in cases of writs of certiorari awarded at the instance of a defendant in 
 an indictment,) with the conditions following ; that is to say, that the prosecutor 
 shall conduct the prosecution with effect, and shall pay to the defendant or 
 defendants, in case he or they shall be acquitted, his or their costs. 
 
 Parties, and their husbands or ivives, to be competent witnesses. 
 
 35. On the trial of any action for recovery of any pecuniary penalty under 
 this Act, the parties to such action, and the husbands and wives of such parties 
 respectively, shall be competent and compellable to give evidence in the same 
 manner as parties, and their husbands and wives, are competent and compellable 
 to give evidence in actions and suits under the Evidence Act, 1851, and the 
 Evidence Amendment Act, 1853, but subject to and with the exceptions con- 
 tained in such several Acts : Provided always, that any such evidence shall not 
 thereafter be used in any indictment or criminal proceeding under this Act 
 against the party giving it. 
 
 («) See p. 91, siipru. (t) See pp. 166, 169, mpra. 
 
252 APPENDIX II. 
 
 Short title. 
 
 37. In citing this Act in any instrument, document, or proceeding, or for any 
 purpose whatsoever, it shall be sufficient to use the expression " The Corrupt 
 Practices Prevention Act, 1854." 
 
 Interpretation, 
 
 38. Throughout this Act, in the construction thereof, except there he some- 
 thing in the subject or context repugnant to such construction, the word 
 " county '' shall extend to and mean any county, riding, parts, or division of a 
 county or combined counties, respectively returning a member or members to 
 serve in Parliament; and the words "city or borough" shall mean any 
 university, city, borough, town corporate, county of a city, county of a town, 
 cinque port, district of burghs, or other place or combination of places (not 
 being a county as herein-before defined), returning a member or members to 
 serve in Parliament ; and the word "election" shall mean the election of any 
 member or members to serve in Parliament ; and the words " returning officer " 
 shall apply to any person or persons to whom, by virtue of his or their office, 
 under any law, custom, or statute, the execution of any writ or precept doth or 
 shall belong for the election of a member or members to serve in Parhament, 
 by whatever name or title such person or persons may be called ; and the words 
 "revising barrister" shall extend to and include an assistant barrister and 
 chairman presiding in any court held for the revision of the lists of voters, or 
 his deputy, in Ireland, and a sheriff or sheriff's court of appeal in Scotland, and 
 every other person whose duty it may be to hold a court for the revision and 
 correction of the lists or registers of voters in any part of the United Kingdom ; 
 and the word " voter " shall mean any person who has or claims to have a right 
 to vote in the election of a member or members to serve in Parliament ; . . . 
 
 Election of Members dubing Recess Act, 1858. 
 21 & 22 Vict. c. 110. 
 
 An Act to extend the Act of the Twenty-fourth Year of King George the 
 Third, Chapter Twenty-six, for issuing "Writs during any Eecess of the 
 House of Commons, whether by Prorogation or Adjournment. 
 
 [2nd August 1858.] 
 
 Speaker may, duriiuj recess, issue warrants for making out neio lurits in the 
 room of •members accepting certain offices. 
 
 1. It shall and may be lawfiil for the Speaker of the House of Commons for 
 the time being, during any recess of the House as aforesaid, to issue his warrant 
 to the Clerk of the Crown to make out a new writ for election of a member of 
 the House in the room of any member who has, since such adjournment or 
 prorogation, accepted any office whereby he has, either by the express provision 
 of any Act of Parliament or by any previous determination of the House of 
 Commons, vacated his scat in the House of Commons, so soon as he shall have 
 been gazetted thereto in any of the Queen's Gazettes, and a notice thereof, 
 together with a copy of the Gazette, shall have been sent to the Speaker by a 
 certificate under the hands of two members of the House of Commons, 
 according to the form in the schedule to this Act annexed, or to the like 
 effect (it). 
 
 Members acceptiwj o^ce to notify the same to the Speaker, dc. 
 
 2. Provided always, that any member of the House of Commons accepting 
 any such office as aforesaid shall forthwith notify his acceptance thereof to the 
 Speaker, either by writing under the hand of such member or by his counter- 
 signing the said certificate relating to such acceptance ; and the Speaker shall 
 
 00 See p. 8, supra. 
 
STATUTES. ELECTION OF MEMBERS, ETC., ACT, 1858. 253 
 
 not issue his warrant in pursuance of this Act without having received such 
 notification, and until fourteen days after he shall have caused notice of his 
 having received such certificate and notification to be inserted in the London 
 Gazette (v). 
 
 If case appears to the Speaker doubtful, warrant not to he issued. 
 
 3. Provided always, that in any case in which it shall appear to the Speaker 
 to be doubtful whether the acceptance of any office which has been certified to 
 him as aforesaid has the effect of vacating the seat of the person so appointed, 
 it shall be lawful for the said Speaker, instead of issuing his warrant in 
 pursuance of this Act, to reserve such question for the decision of the House (r). 
 
 Act not to apply to certain offices. 
 
 4. Provided always, that this Act shall not in any way apply to the accept- 
 ance of any of the following offices ; that is to say the office of steward or 
 bailiff of Her Majesty's three Chiltern Hundreds of Stoke, Desborough, and 
 Boneham, or of the Manor of East Hendred, or of the Manor of Northstead, or 
 of the Manor of Hempholme, or of escheator of Munster (y). 
 
 Application of 24 Oeo. 3, sess. 2, c. 26. 
 
 5. All the other provisions of the said recited Act shall be applicable to the 
 cases provided for in this Act (w). 
 
 SCHEDtTLE. 
 
 We, whose names are underwritten, being two members of the House of 
 Commons, do hereby certify that M.P., late a member of the said House, 
 serving as one of the knights of the shire for the county of [^or as the case 
 
 may 6e], has accepted the office of member of the Council for India [or as the 
 case may 6e], and has been gazetted thereto in the Gazette, dated the 
 
 day of , and has thereby vacated his seat ; and we give you this notice, to 
 
 the intent that you may issue your warrant to the Clerk of the Crown to make 
 out a new writ for the election of a knight to serve in Parliament for the said 
 county of {_or as the case may 6e], in the room of the said M.P. 
 
 Given under our hands, this dav of 
 
 A.B. 
 CD. 
 
 To the Speaker of the House of Commons. 
 
 Univeesity Elections Act, 1861. 
 24 & 25 Vict. c. 53. 
 
 An Act to provide that Votes at Elections for the Universities may be recorded 
 by means of Voting Papers. [1st August 1861.] 
 
 Wheeeas it is expedient &c. : 
 
 Electors may vote by means of voting papers, &c. 
 
 1. It shall be lawful for such electors, in lieu of attending to vote in person, 
 to nominate any other elector or electors of the same University, competent to 
 make the declaration hereinafter mentioned, to deliver for them at the poll 
 
 (i') See p. 8, supra. (vS) See p. 7, supra. 
 
254 APPENDIX II. 
 
 voting papers containitig their votes, as by this Act provided. Every sucli 
 voting paper shall bear date subsequently to notice given by the returning 
 oJEcer of the day for proceeding to election, and shall contain the name or 
 names of the candidate or candidates thereby voted for, and the name or names 
 of the elector or electors authorized on behalf of the voter to tender such voting 
 paper at the poll, and shall be according to the form (o) or to the effect pre- 
 scribed in the schedule to this Act annexed. Such voting paper, the aforesaid 
 date and names being previously filled in, shall, on any day subsequent to notice 
 given by the returning officer of the day for proceeding to election, be signed by 
 the voter in the presence of a justice of the peace for the county or borough in 
 ■which such voter shall be then residing ; and the said justice shall certify and 
 attest the fact of such voting paper having been so signed in his presence, by 
 signing at the foot thereof a certificate or attestation in the form or to the effect 
 prescribed in the said schedule, with his name and address in full, and shall 
 state his quality as a justice of the peace for such county or borough. 
 
 Voting papers to he delivered, and votes recorded, &c. 
 
 2. The voting paper, signed and certified as aforesaid, may be delivered to the 
 vice chancellor of the University for which the election is held, or to any pro 
 vice chancellor appointed by him, or, in the case of the University of Dublin, 
 to the Provost of Trinity College, or to any person lawfully deputed to act for 
 him, at any one of the appointed polling places, during the appointed hours of 
 polling, by any one of the persons therein nominated in that behalf, who shall, 
 on tendering such voting paper at the poll, read out the same ; and the said 
 vice chancellor, pro vice chancellor, provost, or deputy shall receive the voting 
 papers as the same shall be deKvered, and shall cause the votes thereby given, 
 ■or such of them as may not appear to be contrary to the provisions of this Act, 
 to be recorded in the manner heretofore used, in all respects as if such votes 
 had been given by the electors attending in person ; and aU votes so recorded 
 shall have the same validity and effect as if they had been duly given by the 
 voters in person : Provided always, that no person shall be entitled to sign or 
 vote by more than one voting paper at any election ; and that no voting paper 
 containing the names of more candidates than there are burgesses to be elected 
 at such election shall be received or recorded : Provided also, that no voting 
 paper shall be received or recorded unless the person tendering the same shall 
 make the following declaration, which he shall sign at the foot or back 
 thereof (p) : . . . 
 
 Provided also, that no voting paper shall be so received and recorded if the 
 voter signing the same shall have already voted in person at the same election : 
 Provided also, that every such elector shall be entitled to vote in person, not- 
 withstanding that he has duly signed and transmitted a voting paper to another 
 elector, if such voting paper has not been already tendered at the poU. 
 
 Voting papers may he inspected and objected to hy any person now entitled to 
 
 ohject to votes. 
 
 3. It shall be lawful for any person now by law or custom authorized on 
 behalf of any candidate to object to votes to inspect any voting paper tendered 
 at the poll before the same shall be received or recorded, and to object to it on 
 one or more of the following grounds : 
 
 1. That the person on whose behalf the voting paper is tendered is not 
 
 qualified to vote : 
 
 2. That the person tendering the voting paper is not duly qualified in that 
 
 behalf : 
 
 3. That the person in whose behalf the voting paper is tendered has already 
 
 voted at that election in person or by voting paper : 
 
 (o) This form is set out at the foot of ip) This form is now replaced by 31 & 32 
 
 the opposite page. Vict. c. 66,s. 1, infra, p. 261. 
 
STATUTES. UNIVERSITY ELECTIONS ACT, 1861. 255 
 
 4. That the voting paper bears date anterior to notice given by the returning 
 
 officer of the day for proceeding to election : 
 
 5. That the voting paper is forged or falsified . 
 
 And the returning officer, his deputy or assessor, or any officer having by law 
 or custom power to decide objections in respect of votes tendered lay voters 
 attending the poll in person, shall have power to put questions to the person 
 tendering such voting paper, and to reject, receive, and record, or receive and 
 record as objected to or protested against, any votes tendered by voting papers : 
 Provided, that in case the objection offered to any voting paper shall be that it 
 is forged or falsified, such returning or other officer shall receive and record such 
 voting paper, having previously written upon it, " objected to as forged " or 
 " objected to as falsified," together with the name of the person making such 
 objection. 
 
 Voting papers to he filed. 
 
 4. All voting papers received and recorded at such election, as well as any 
 voting papers rejected for informality or on any other ground, shall be filed and 
 kept by the officer entrusted with the care of the poll books or other documents 
 relating to the said election ; and any person shall be allowed to examine such 
 voting papers at all reasonable times, and to take copies thereof, upon payment 
 of a fee of one shilling. 
 
 Penalty for falsely signing voting papers, &c. 
 
 5. Any person falsely or fraudulently signing any voting paper in the name 
 of any other person, either as a voter or as a witness, whether such other person 
 shall be living or dead, and every person signing, subscribing, endorsing, attest- 
 ing, certifying, tendering, or transmitting as genuine any false or falsified 
 voting paper, knowing the same to be false or falsified, and any person falsely 
 making any such declaration as aforesaid, or such declaration as is contained in 
 the schedule, or with fraudulent intent altering, defacing, destroying, with- 
 holding, or abstracting any voting 'paper, and any person wilfully making a 
 false answer to any question put to him by the returning or other officer as 
 herein-before provided, shall be guilty of a misdemeanor, and punishable by 
 fine, or imprisonment for a term not exceeding one year. 
 
 Voting papers not liahle to stamp duty. 
 
 6. No such voting paper as herein-before mentioned shall be liable to any 
 stamp duty. 
 
 SCHEDtTLE. 
 
 University Election, 18 
 
 I, A.B., [the christian and surnames of the elector in full, his college or hall, if 
 any, and his degree or academical rank or office, if any, to he here inserted'] do 
 hereby declare, that I have signed no other voting paper at this election, and do 
 hereby give my vote at this election for 
 And I nominate CD. 
 
 E.P. 
 G.H. 
 or one of them, to deliver this voting paper at the poll. 
 Witness my hand this day of ,18 
 
 (Signed) A.B. of {the elector's place of residence to he 
 
 here inserted']. 
 
 Signed in my presence by the said A.B., who is personally known to me, 
 
256 APPENDIX II. 
 
 on the above-mentioned day of 18 , the name [or names] of 
 
 , as the candidate [or candidates] voted for having been previously- 
 filled in. 
 
 (Signed) Z.M. of [the witness's place of residence to he 
 
 here inserted.^ 
 a justice of the peace for 
 
 26 & 27 Vict. c. 20. 
 
 An Act to further limit and define the Time for proceeding to Election during 
 the Recess. [8th June 1863.] 
 
 Becited Acts to he construed as if six and not fourteen days' notice had heen 
 
 originally in said Acts. 
 
 1. The Act of the twenty-fourth year of George the Third, chapter twenty-six, 
 the Act of the fifty-second year of George the Third, chapter one hundred and 
 forty-four, and the Act of the twenty-first and twenty-second years of Victoria, 
 chapter one hundred and ten, shall be so construed as if six and not fourteen 
 days notice had been originally in the said Acts ; and this Act and the said Acts 
 shall be construed and read together (^). 
 
 CoEEirPT Practices Pbevention Act, 1863. 
 26 & 27 Vict. c. 29. 
 
 An Act to amend and continue the Law relating to Corrupt Practices at 
 Elections of Members of Parliament (j). [8th June 1863.] 
 
 General allegations sufficient in indictments, &c. 
 
 6. In any indictment or information for bribery or undue influence, and in 
 any action or proceeding for any penalty for bribery, treating, or undue 
 influence, it shall be sufficient to allege that the defendant was at the election 
 at or in connexion with which the offence is intended to be alleged to have been 
 committed, guilty of bribery, treating, or undue influence (as the case may 
 require) ; and in any criminal or civil proceedings in relation to any such 
 offence the certificate of the returning officer in this behaU shall be sufficient 
 evidence of the due holding of the election, and of any person therein named 
 having been a candidate thereat. 
 
 26 & 27 Vict. c. 65. 
 
 An Act to consolidate and amend the laws relating to the Volunteer Force in 
 Great Britain. [21st July 1863.] 
 
 5. . . . The acceptance of a commission in the Volunteer Force by a member 
 of the Commons House of Parliament shall not render his seat vacant. 
 
 ip') See p. 8, supra. (y) Continued by Expiring Laws Con- 
 
 tinuance Acts. 
 
STATUTES. REPRESENTATION OF PEOPLE ACT, 1867. 257 
 
 Eepresentation of the People Act, 1867. 
 30 & 3] Vict. c. 102. 
 
 An Act further to amend tho Laws relating to the Eepresentation of the People 
 in England and Wales. [loth August 1867.] 
 
 \_Prea'mble.] 
 
 Short title.. 
 
 1. This Act shall be cited for all purposes as "The Eepresentation of the 
 People Act, 1867." 
 
 Application of Ad. ' 
 
 2. This Act shall not apply to Scotland or Ireland, nor in anywise affect the 
 election of members to serve in Parliament for the Universities of Oxford or 
 Oambridge. 
 
 No elector who has been employed for reward as agent, <fcc,, within six months 
 of an election to be entitled to vote. 
 
 11. No elector who wifbin six months before or during any election for any 
 county or borough 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, canvasser, clerk, messenger, or in other like employment, 
 shall be entitled to vote at such election, and if he shall so vote he shall be 
 guilty of a misdemeanor (q). 
 
 Universal/ of London. 
 
 34. In all future Parliaments the University of London shall return one 
 member to serve in Parliament. 
 
 Electors of member for Universit;/ of London. 
 
 85. Every man whose name is for the time being on the register of graduates 
 constituting the Convocation of the University of London shall, if of full age, 
 and not subject to any legal incapacity, be entitled to vote in the election of a 
 member to serve in any future Parliament for the said University. 
 
 Provision for appointment of polling districts and polling places, and places 
 for holding revision courts in counties. — Proviso as to Isle of Ely. — Polling 
 districts and places in boroughs. — List of voters, luhere a parish forms part of 
 mare than one district, 
 
 34. In every county the justices of the peace having jurisdiction therein or 
 
 m the larger part thereof, assembled at some court of general or quarter 
 
 sessions, or at some adjournment thereof, held after the passing of tms Act, 
 
 may, if they think convenience requires it, divide such county into polling 
 
 districts, and assign to each district a polling place, in such manner as to 
 
 enable each voter, so far as practicable, to have a polling place within a 
 
 convenient distance of his residence ; and the justices shall advertise in such 
 
 manner as they think fit a description of the polling districts so constituted 
 
 by them, and the name of the polling place assigned to each district, and shall 
 
 name the polling places at which the revising barristers are to hold their courts, 
 
 and no revising barrister shall be obliged to hold his courts at any polling 
 
 places not so named : Provided, that the justices of the peace for the Isle of Ely, 
 
 assembled as aforesaid, shall carry into effect the provisions of this section so 
 
 far as regards the said Isle of Ely ; but nothing herein contained shall affect 
 
 the powers conferred by any other Act of Parliament of altering polling places 
 
 "*' Polling districts, or of creating additional polling places or districts : 
 
 The local authority of every borough shall, if they think convenience requires 
 
 it, a^ soon as may be after the passing of this Act, divide such borough iato 
 
 polling districts, and the returning officer shall in the case of a contested 
 
 election provide at least one booth or room for taking the poll in each 
 
 polling district ; and in cases where a parliamentary borough is constituted 
 
 (?) See pp. 47, 5.3, 175, supra. 
 L.E. a 
 
258 APPENDIX II. 
 
 of two or more towns, the distance between two of wMcli shall exceed two 
 miles, there shall be provided a booth or room for taking the poll in each of 
 such towns : 
 
 Where any parish in a borough is divided into or forms part of more than 
 one polling district, the overseers shall, so far as practicable, make out the 
 lists of voters in such manner as to divide the names in conformity with 
 each polling district : 
 
 The town clerk, as defined by the Parliamentary Voters Registration Act, 
 1843, shall cause the lists of voters for each borough to be copied, printed, 
 arranged, and signed, and delivered in the manner directed by the said 
 Act, so as to correspond with the division of the borough into polling 
 districts : 
 
 A description of the polling districts made or altered in pursuance of this Act 
 shall be advertised by the local authority in such manner as they think fit, 
 and notice of the situation, division, and allotment of the polling booth or 
 place for each district shall be given in manner now required by law : 
 
 The local authority shall mean in every municipal borough, and in every 
 borough any part of which forms a municipal borough, the town council of 
 such borough, and in cases where a parliamentary borough is constituted 
 by the combination of two or more municipal boroughs, then the local 
 authority shall mean the town council of that municipal borough in which 
 the nomination takes place : 
 
 The local authority may from time to time alter any districts made by them 
 under this Act. 
 
 Booms to he hired for taking polls, luherever they can he ohtained. 
 
 37. At every contested election for any county or borough, unless some 
 building or place belonging to the county or borough is provided for that 
 purpose, the returning officer shall, whenever it is practicable so to do, instead 
 of erecting a booth, hire a building or room for the purpose of taking the poU (p). 
 
 Election in University of London. — Vice- Chancellor of University of London 
 to he the returning officer. 
 
 41. The Vice-Chancellor of the University of London shall be the returning 
 officer for such University, and the writ for any election of a member to serve 
 in Parliament for such University shall be directed to such Vice- Chancellor {pp). 
 
 Election to he luithin six days after receipt of writ, three clear days notice 
 heing f/it-eii, and result to he certified. 
 
 42. The Vice-Ohancellor of the University of London shall proceed to election, 
 in pursuance of any writ to be directed to him as hereinbefore mentioned, 
 within six days after the receipt of such writ, giving three clear days notice of 
 the day and place of election, exclusive of the day of proclamation and the day 
 of election ; and the Vice-OhanceUor shall after such election certify the same, 
 together with such writ, according to the directions thereof (j). 
 
 Polling may continue for five days, from 8 a.m. to 4 p.m. 
 
 43. At every contested election of a member or members to serve in Parlia- 
 ment for the University of London the polling shall commence at eight o'clock 
 in the morning of the day next -following the day fixed for the election, and 
 may continue for not more than five days (Sunday, Christmas Day, Ascension 
 Day, and Good Friday being excluded), Ijut no poll shall be kept open later than 
 four o'clock in the afternoon (r). 
 
 Power to Vice- Chancellor to appoint polling place. Pro- Vice- Chancellors, and 
 poll clerks. — Declaration of the state of the poll. 
 
 44. At every election of a member to serve in Parliament for the University 
 of London the Vice-Chancellor shall appoint the polling place, and also shall 
 
 (j») See p. 25, siijmi. (i^) See pp. 17, 19, 24, supra. 
 
 iP2>) See p. 12, siijjra. (r) See p. 24, snpra. 
 
STATUTES. REPRESENTATION OF PEOPLE ACT, 1867. 259 
 
 have power to appoint two or more Pro-Vice-Chancellors, any one of wiom may 
 receive the votes and decide upon all questions during the absence of such Vice- 
 ChanceUor ; and such Vice-ChaQcellor shall have power to appoint poll clerks 
 and other ofiS^cers, by one or more of whom the votes may be entered in the poll 
 book, or such number of poU books as may be judged necessary by such Vice- 
 Chancellor ; and such Vice-ChaneeUor shall, not later than two o'clock in the 
 afternoon of the day next following the close of the poU, openly declare the 
 state of the poU and make proclamation of the member chosen (s). 
 
 Elections for University of London. 
 
 45. All the provisions of the University Elections Act, 1861, shall apply to 
 evei-y election of a member for the University of London. 
 
 Repeal o/ 2 * 3 Will. 4, u. 45, ss. 27, 32, and 6 <fc 7 Vict. c. 18, s. 79, as ta 
 residence of electors for City of London within seven 'miles. 
 
 46. So much of the twenty -seventh and thirty - second sections of the 
 Eepresentation of the Peftple Act, 1832, and of the seventy-ninth section of the 
 ParUamentary Voters Registration Act, 1843, as relates to the residence of 
 electors within seven miles of any city or borough, shall be repealed in respect 
 to electors otherwise qualified to be registered and to vote for members to serve 
 in Parliament for the City of London ; Provided always, that no person shall 
 be registered as an elector for the said City unless he shall have resided for six 
 calendar months next previous to the last day of July in any year . . . within 
 the said City, or within twenty-five miles thereof or any part thereof. 
 
 Miscellaneous. — As to returning officers in new boroughs. 
 
 47. (ss) In any borough named in schedules (B.) and (C.) to this Act annexed, 
 which is or includes a municipal borough, the mayor of such municipal borough 
 shall be the returning officer, and in the other oases the returning officer shall 
 be appointed in the same manner as if such places were included amongst the 
 boroughs mentioned in schedules (C.) and (D.) of the Eepresentation of the 
 People Act, 1832, for which no persons are mentioned in such schedules as 
 returning officers. 
 
 Corrupt 'payment of rates to he punishable as bribery, on part of both payer 
 
 and voter. 
 
 49. Any person, either directly or indirectly, corruptly paying any rate on 
 behalf of any ratepayer for the purpose of enabling him to be registered as a 
 voter, thereby to influence his vote at any future election, and any candidate or 
 other person, either directly or indirectly, paying any rate on behalf of any 
 voter for the purpose of inducing him to vote or refrain from voting, shall be 
 guilty of bribery, and be punishable accordingly; and any person on whose 
 behalf and with whose privity any such payment' as in this section is mentioned 
 is made shall also be guilty of bribery, and punishable accordingly (J). 
 
 Returning officer, <£c., acting as agent guilty of misde'meanor. 
 
 50. No returning officer for any county or borough, nor his deputy, nor any 
 partner or clerk of either of them, shall act as agent for any candidate in the 
 management or conduct of his election as a member to serve in Parliament for 
 such county or borough ; and if any returning officer, Ms deputy, the partner 
 or clerk of either of them, shall so act, he shall be guilty of a misdemeanor («). 
 
 Demise of Grown not to dissolve Parliament, 
 
 51. The Parliament in being at any future demise of the Crown shall not be 
 aeternuned or dissolved by such demise, but shaU continue so long as it would 
 nave continued but for such demise, unless it should be sooner prorogued or 
 
 (») See p. 24, m/n-u. (f) See p. 104, xiqM-a. 
 
 (««) See now 48 i: 40 Vict. c. 23, s, 12. ((() See pp. 33, oi, mpra. 
 
 S 2 
 
260 APPENDIX 11. 
 
 dissolved by the Crown, anj^thiiig in the Succession to the Crown Act, 1707, in 
 any way notwithstanding. 
 
 Member returned after accepting any office of profit from the Crown, as in 
 schedule {H.), nut required to vacate his seat on acceptance of another office. 
 
 52. Where a person has been returned as a member to serve in Parliament 
 since the acceptance by him from the Crown of any office described in schedule (H.) 
 to this Act annexed, the subsequent acceptance by him from the Crown of any 
 other office or offices described in such schedule in lieu of and in immediate 
 succession the one to the other shall not vacate his seat. 
 
 Writs, &c., to he made conformalle to this Act. 
 
 58. All writs to be issued for the election of members to serve in ParUament, 
 and all mandates, precepts, instruments, proceedings, and notices consequent 
 upon such writs or relating to the registration of voters, shall be framed and 
 expressed in such manner and form as may be necessary for can'ying the 
 provisions of this Act into efieot. 
 
 This Act, as far as consistent, to he construed xuith enactments now in force. — 
 Construction of '2 & ^ Will. 4, c. 45, ss. 24, 25. 
 
 59. This Act, so far as is consistent with the tenor thereof, shall be construed 
 as one with the enactments for the time being in force relating to the representa- 
 tion of the people, and with the Registration Acts ; and in construing the pro- 
 visions of the twenty-fourth and twenty-fifth sections of the Representation of 
 the People Act, 1832, the expressions "the provisions hereinafter contained," 
 and "as aforesaid," shall be deemed to refer to the provisions of this Act 
 conferring rights to vote as well as to the provisions of the said Act. 
 
 Interpretation of terms : " Memher" ; "Election" ; "County" ; "Borough"; 
 "The Registration Acts" (6 cfc 7 Vict. c. 18; 28 Vict. c. 36). 
 
 61. The following terms shall in this Act have the meanings hereinafter 
 assigned to them, unless there is something in the contex|; repugnant to such 
 construction ; (that is to say,) 
 
 ****** 
 
 " Member " shall include a knight of the shire : 
 
 "Election" shall mean an election of a member or members to serve in 
 
 Parliament : 
 " County " shall not include a county of a city or county of a town, but shall 
 
 mean any county, riding, parts or divisions of a county returning a 
 
 member or members to serve in Parliament : 
 "Borough" shall mean any borough, city, place, or combination of places, 
 
 not being a county as hereinbefore defined, returning a member or 
 
 members to serve in Parliament : 
 
 " The Registration Acts" shall mean the Parliamentary Voters Registration 
 Act, 1843, and the County Voters Registration Act, 1865, and any other 
 Acts or parts of Acts relating to the registration of persons entitled to 
 vote at and proceedings in the election of member to serve in Parliament 
 for England and "Wales. 
 
 Schedule (H.). 
 
 Offices of Profit referred to in this Act [a). 
 
 Lord High Treasurer. 
 
 Commissioner for executing the offices of Treasurer of the Exchequer of Great 
 Britain and Lord High Treasurer of beland. 
 President of the Privy Council. 
 
 ((/) See p. S, supra. . 
 
STATUTES. REPRESENTATION OF PEOPLE ACT, 1867. 261 
 
 Vice-Pi-esident of the Committee of Council for Educition. 
 Comptroller of Her Majesty's Household. 
 Treasurer of Her Majesty's Household. 
 Vice-Chamberlain of Her Majesty's Household. 
 Equerry or Groom in Waiting on Her Majesty. 
 Any Principal Secretary of State. 
 
 Chancellor and Under Treasurer of Her Majesty's Exchequer. 
 Paymaster General. 
 Postmaster General. 
 Lord High Admiral. 
 
 Commissioner for executing the office of Lord High Admiral. 
 Commissioner of Her Majesty's Works and Public Buildings. 
 President of the Committee of Privy Council for Trade and Plantations. 
 Chief Secretary for Ireland. 
 
 Commissioner for administering the Laws for the Belief of the Poor in 
 England. 
 Chancellor of the Duchy of Lancaster. 
 Judge Advocate General. 
 Attorney General for England. 
 Solicitor General for England. 
 Lord Advocate for Scotland. 
 Solicitor General for Scotland. 
 Attorney General for Ireland. 
 Solicitor General for Ireland. 
 
 UNivERsiriEs Election Act, 1868. 
 31 & S'2 Vict. c. 65. 
 
 An Act to amend the Law relating to the Use of Voting Papers in Elections for 
 the Universities. [31st July 1868.] 
 
 Funn of Declaration. 
 
 1. The said recited form of declaration shall not be required, and there shall 
 be substituted in place thereof the form of declaration following; that is 
 to say, 
 
 "I solemnly declare that I verily believe that this is the paper by which Au.B. 
 \the voter] intends to vote pursuant to the provisions of the Universities 
 Election Acts, 1861 and 1868." 
 
 Amendment of sect. 2 of first-recited Act as to University of London. 
 
 2. The second section of the said first-mentioned Act shall, in reference to the 
 University of London, be construed as if the words ' ' in the manner heretofore 
 used " were omitted therefrom. 
 
 Officers in whose presence votiny papers may he signed in the Channel Islands. 
 
 3. A voting paper for the election of any burgess or member to serve in 
 Parliament for any universities or university in respect of which the provisions 
 of the said first-mentioned Act may for the time being be in force may be signed 
 by a voter being in one of the Channel Islands in the presence of the following 
 officers ; that is to say : 
 
 1. In Jersey and Guernsey, of the bailiffs or any lieutenant baiUff, jurat, or 
 
 juge d'instruction. 
 
 2. In Alderney, of the judge of Aldemey, or any jurat. 
 
 3. In Sark, of the seneschal or deputy seneschal. 
 
 And for the purpose of certifying and attesting the signature of such voting 
 paper, each of the said officers shall have all the powers of a justice of the 
 peace under the first-mentioned Act ; and a statement of the official quality of 
 such officer shall be a sufficient statement of quality in pursuance of the 
 provisions of the said Act. 
 
262 APPENDIX 11. 
 
 31 & 32 Vict. c. 72. 
 An Act to amend the Law relating to Promissory Oaths. [31st July, 1868.] 
 
 No -person to he required or authorized to take the oath of allegiance except the 
 persons herein specified, or to take the oath of assurance in Scotland. 
 
 9. No person shall be required or authorized to take the oaths of allegiance, 
 supremacy, and abjuration, or any of such oaths, or any oath substituted for 
 such oaths, or any of them, or to make any declaration to the like effect of such 
 oaths, or any of them., except the persons required to take the oath of allegiance 
 by this Act and the Clerical Subscription Act, 1865, and the Parliamentary 
 Oaths Act, 1866, or one of such Acts, any Act of Parliament, charter, or custom 
 to the contrary notwithstanding ; and no person shall be required or authorized 
 to take the oath of assurance in Scotland. 
 
 Part 2. — Oaths to be Abolished. 
 
 Substitution of declaration for oaths. — Regulations as to substitution of 
 declarations for oaths. 
 
 12. The following regulations shall be enacted with respect to the substitution 
 as declarations for oaths ; (that is to say,) 
 
 5. The making a declaration in pursuance of this section instead of oath 
 shall in all respects have the same effect as the taking the oath for which 
 such declaration is substituted would have had if this Act had not 
 passed. 
 
 Penalty on not making declaration substituted for oaih by this Act. 
 
 13. If any person required by this Act to make a declaration instead of an 
 oath declines or neglects to make such declaration, he shall be subject to the 
 same penalties and disabilities, if any, as he would have been subjected to for 
 declining or neglecting to take the oath for which the declaration provided by 
 this Act is substituted. 
 
 Part 3. 
 Saving clause. — This Act not to affect matters herein stated. 
 
 14. Nothing in this Act contained shall affect — 
 
 7. The oath taken by aliens on being naturalized, . . . 
 
 Application to declarations of powers of altered imi of oaths. 
 
 15. "Where a declaration has been substituted for an oath under this Act, any 
 person, guUd, body corporate, or society which before the passing of this Act 
 had power to alter such oath, or to substitute another oath in its place, may 
 exercise a like power with regard to such declaration. 
 
 PAKLIAiMEJrTARY ELECTIONS ACT, 1868. 
 
 31 & 32 ViCT. C. 125(a). 
 
 An Act for amending the Laws relating to Election Petitions, and providing 
 more effectually for the Prevention of Corrupt Practices at Parliamentary 
 Elections. [31st July 1868.] 
 
 Definition and jurisdiction of court. 
 
 2. The expression "the Court" shall, for the purposes of this Act, in its 
 application to England mean the Court of Common Pleas at Westminster («), 
 
 (a) Sec pp. 55, 193, 196, 197, 221, xiipnt. («) Now the King's Bench Division. 
 
STATUTES. PARLIAMENTARY ELECTIONS ACT, 1868. 263 
 
 and in its application to Ireland the Court of Common Pleas at Dublin ; and 
 such Court shall, subject to the provisions of this Act, have the same powers, 
 jurisdiction, and authority with reference to an election petition and the pro- 
 ceedings thereon as it would have if such petition were an ordinary cause within 
 their jurisdiction. 
 
 Inierprelation. 
 
 3. The following terms shall in this Act have the meanings herein-after 
 assigned to them, unless there is something in the context repugnant to such 
 construction ; (that is to say,) 
 
 "Metropolitan district" shall mean the City of London and the liberties 
 
 thereof, and any parish or place subject to the jurisdiction of the 
 
 Metropolitan Board of Works : 
 "Election" shall mean an election of a member or members to serve in 
 
 Parliament : 
 " County " shall not include a county of a city or county of a town, but 
 
 shall mean an^ county, riding, parts, or division of a county returning a 
 
 member or members to serve in Parliament : 
 " Borough" shall mean any borough, university, city, place, or combination 
 
 of places, not being a county as herein-before defined, returning a 
 
 member or members to serve in Parliament: 
 
 *♦##*# 
 
 " Corrupt practices " or " corrupt practice " shall mean bribery, treating, and 
 undue influence, or any of such offences, as defined by Act of Parliament, 
 or recognized by the common law of Parliament : 
 " Rules of court" shall mean mles to be made as herein-after mentioned : 
 " Prescribed" shall mean " prescribed by the rules of court." 
 
 Provision as to Speaker. 
 
 4. Per the purposes of this Act "Speaker" shall be deemed to include 
 Deputy Speaker; and when the office of .Speaker is vacant, the Clerk of the 
 House of Commons, or any other officer for the time being performing the 
 duties of the Clerk of the House of Commons, shall be deemed to be substituted 
 for and to be included in the expression " the Speaker." 
 
 Presentation and service of Petition. — To luJiorn and by irhom election petition 
 inaij hy presented. 
 
 5. A petition complaining of an undue return or undue election of a member 
 to serve in Parliament for a county or borough may be presented to the Court 
 of Common Pleas at Westminster, if such county or borough is situate in 
 England,_ or to the Court of Common Pleas at Dublin, if such county or 
 borough is situate in Ireland, by any one or more of the following persons : 
 
 1. Some person who voted or who had a right to vote at the election to which 
 
 the petition relates ; or 
 
 2. Some person claiming to have had a right to be returned or elected at such 
 
 election ; or 
 y. Some person alleging himself to have been a candidate at such election : 
 And such petition is herein-after refeiTed to as an election petition (6). 
 
 Regulations as to presentation of election petition. 
 
 6. The following enactments shall be made with respect to the presentation of 
 an election petition under this Act : 
 
 1. The petition shall be signed by the petitioner, or all the petitioners, if 
 
 more than one (c) : 
 -■ The petition shall be presented within twenty-one days after the return 
 
 has been made to the Clerk of the Crown in Chancery in England, or to 
 
 (*) See pp. 190, 203, .w(^«'a. (c) See pp. 203, 205. .mprn. 
 
264 APPENDIX ir. 
 
 the Oleik of the Crown and H3,naper in Ireland, as the case may be, of 
 the member to whose election the petition relates, unless it question the 
 retiu-n or election upon an allegation of corrupt practices, and specifically 
 alleges a payment of money or other reward to have been made by any 
 member, or on his account, or with his privitj'-, since the time of such 
 return, in pursuance or in furtherance of such ooiTupt practices, in which 
 case the petition may be presented at any time within twenty-eight days 
 after the date of such payment (d) : 
 
 3. Presentation of a, petition shall be made by delivering it to the prescribed 
 
 officer, or otherwise dealing with the same in manner prescribed (e) : 
 
 4. At the time of the presentation of the petition, or within three days after- 
 
 wards, security for the payment of all costs, charges, and expenses that 
 may become payable by the petitioner — 
 
 (a) to any person summoned as a witness on his behalf, or 
 
 (b) to the member whose election or return is complained of (who is 
 
 herein-after referred to as the respondent), 
 shall be given on behalf of the petitioner (/) : 
 
 5. The security shall be to an amount of one thousand poimds; it shall be 
 
 given either by recognizance to be entered into by any number of sureties 
 not exceeding foui', or bj' a deposit of money in manner prescribed, or 
 partly in one way and partly in the other (/) . 
 
 Co2}y of petition in be sent to returning officer. 
 
 7. On presentation of the petition the prescribed officer shall send a copy 
 thereof to the returning officer of the county or borough to which the petition 
 relates who shall forthwith publish the same in the county or borough, as the 
 case may be (g). 
 
 Serii'ce of notice of petition, and of nature of security, on respondent. — 
 Becognizance may be objected to. 
 
 8. Notice of the presentation of a petition under this Act, and of the natm'e 
 of the proposed security, accompanied with a copy of the petition, shall within 
 the prescribed time, not exceeding five days after the presentation of the petition, 
 be served by the petitioner on the respondent ; and it shall be lawful for the respon- 
 dent, where the security is given wholly or partially by recognizance, within a 
 further prescribed time, not exceeding five days from the date of the service on 
 him of the notice, to object in writing to such recognizance, on the ground that 
 the sureties, or any of them, are insufficient, or that a surety is dead, or that 
 he cannot be found or ascertained from the want of a. sufficient description in 
 the recognizance, or that a person named in the recognizance has not duly 
 acknowledged the same (/). 
 
 Determinaliun of objection to recognizance. 
 
 9. Any objection made to the security given shall be heard and decided on in 
 the prescribed manner. If an objection to the security is allowed, it shall be 
 lawful for the petitioner, within a further prescribed time, not exceeding five 
 days, to remove such objection, by a deposit in the prescribed manner of such 
 sum of money as may be deemed by the court or officer having cognizance of 
 the matter to make the security sufficient. 
 
 If on objection made the security is decided to be insufficient, and such 
 objection is not removed in manner herein-before mentioned, no further 
 proceedings shall be had on the petition ; otherwise, on the expiration of the 
 time limited for making objections, or, after objection made, on the sufficiency 
 of the security being established, the petition shall be deemed to be at issvie. 
 
 List of petitions at issue to be made. 
 
 10. The prescribed officer shall as soon as may be make out a list of all 
 petitions under this Act presented to the court of which he is such officer, and 
 
 id) See p. 191, supra. (/) See p. 193, supra. 
 
 (e) See p. 203, sujyra. (jf) Sec p. 203, supra. 
 
STATUTES. PARLIAMENTARY KLECTIONS ACT, 1868. 265 
 
 which are at issue, placing them in the order in which they were presented, and 
 shall keep at his office a copy of such list, herein-after referred to as the election 
 list, open to the inspection in the prescribed manner of any person making 
 application. 
 
 Such petitions, as far as conveniently may be, shall be tried in the order in 
 ■which they stand in such list. 
 
 Trial of a Petitimi. — J]foiIe of trial of election petitions. 
 
 11. ((') The following enactments shall be made with respect to the trial of 
 election petitions under this Act : 
 
 1. The trial of every election petition shall be conducted before a puisne 
 
 judge (w) of one of Her Majesty's Superior Courts of Common Law at 
 Westminster or Dublin, according as the same shall have been presented 
 to the court at Westminster or Dublin, to be selected from a rota to be 
 formed as herein-before mentioned. 
 
 2. (x) The members of each of the Courts of Queen's Bench, Common Pleas, 
 
 and Exohequer'in England and Ireland shall respectively, on or before 
 the third day of Michaelmas term in every year, select, by a majority of 
 votes, one of the puisne judges of such court, not being a member of 
 the House of Lords, to be placed on the rota for the trial of election 
 petitions during the ensuing year. 
 S. (x) If in any case the members of the said court are equally divided in 
 their choice of a puisne judge to be placed on the rota, the Chief Justice 
 of such court (including under that expression the Chief Baron of the 
 Exchequer) shall have a second or casting vote (y). 
 
 4. Any judge placed on the rota shall be re-eligible in the succeeding or any 
 
 subsequent year. 
 
 5. {x) In the event of the death or the illness of any judge for the time being 
 
 on the rota, or his inability to act for any reasonable cause, the coui't to 
 which he belongs shall fill up the vacancy by placing on the rota another 
 puisne judge of the same court. 
 
 C. The judges for the time being on the rota shall; according to their seniorit}% 
 respectively try the election petitions standing for trial under this Act, 
 unless they otherwise agree among themselves, in which case the trial of 
 each election petition shall be taken in manner provided by such 
 agreement. 
 
 7. (x) Where it appears to the judges on the rota, after due consideration 
 of the list of petitions under this Act for the time being at issue, that 
 the trial of such election petitions will be inconveniently delayed unless 
 an additional judge or judges be appointed to assist the judges on the 
 rota, each of the said courts (that is to say), the Court of Exchequer, the 
 Court of Common Pleas, and Court of Queen's Bench, in the order named, 
 shall, on and according to the requisition of such judges on the rota, 
 select, in manner herein-before provided, one of the puisne judges of the 
 court to trj' election petitions for the ensuing year; and any judge so 
 selected shall, during that year, be deemed to be on the rota for the trial 
 of election petitions : 
 
 9. (oj) Every election petition shall, except where it raises a question of law 
 for the determination of the court, as herein -after mentioned, be tried by 
 one of the judges herein-before in that behalf mentioned, herein-after 
 referred to as the judge, sitting in open court without a jury. 
 
 ((') By 42 & 43 Vict. c. 7;"), s. 2, the trial (lo") A petition is now tried before tirn 
 
 of an election petition and the hearing of judges of the King's Bench Division, 
 
 an .ipplioation for the withdrawal of an («) Sub-sects. 2, 3, 5, 7, 9 are repealed as 
 
 election petition are to be conducted to England : 55 & .50 Vict. c. 14 (S.L.R.). 
 
 before two judges. With respect to the (?/) This sub-section is now repealed as 
 
 rofa of judges, see that section, and also to England. The Lord Chief Justice, or, in 
 
 44 & 45 Vict. c. .68, s. 13. See also p. 209, his absence, the senior judge present, has 
 
 snprtt. now a casting vote: 44&45Vlct.c. 68, s.13. 
 
266 APPENDIX II. 
 
 10. Xotice of the time and place at which an election petition mil be tried 
 shall be given, not less than fourteen days before the day on which the 
 trial is held, in the prescribed manner. 
 
 11. The trial of an election petition in the case of a petition relating to a 
 borough election shall take place in the borough, and in the case of a 
 petition relating to a county election in the county : Provided always; 
 that if it shall appear to the court that special circumstances exist which 
 render it desirable that the petition should be tried elsewhere than in the 
 borough or count}', it shall be lawful for the court to appoint such other 
 place for the trial as shall appear most convenient : Provided also, that 
 in the case of a petition relating to any of the boroughs within the 
 metropolitan district, the petition may be heard at such place within the 
 district as the court may appoint (//). 
 
 12. The judge presiding at the trial may adjourn the same from time to time, 
 and from any one place to any other place within the county or borough, 
 as to him may seem expedient. 
 
 13. At the conclusion of the trial the judge who tried the petition shall deter- 
 mine whether the member whose return or election is complained of, or 
 any and what other person, was duly returned or elected, or whether the 
 election was void, and shall forthwith certify in writing such determina- 
 tion to the Speaker, and upon such certificate being given such determina- 
 tion shall be final to all intents and purposes (2). 
 
 14. (o) Where any charge is made in an election petition of any corrupt 
 
 practice having been committed at the election to which the petition 
 refers, the judge shall, in addition to such certificate, and at the same 
 time, report in wi'iting to the Speaker as follows : 
 
 (a) Whether any coiTupt practice has or has not been proved to have 
 been committed by or with the knowledge and consent of any 
 candidate at such election, and the nature of such corrupt practice : 
 
 (b) The names of all persons (if any) who have been proved at the trial 
 to have been jjuilty of any cotnipt practice ; 
 
 (c) 'Whether corrupt practices have, or whether there is reason to 
 believe that corrupt practices have, extensively prevailed at the 
 election to which the petition relates (/). 
 
 1 5. The judge may at the same time make a special report to the Speaker as 
 
 to any matters arising in the course of the trial an account of which in 
 his judgment ought to be submitted to the House of Commons {€). 
 
 16. Where, upon the application of any part)' to a petition made in the pre- 
 scribed manner to the court, it appears to the court that the case raised 
 by the petition can be conveniently stated as a special case, the court may 
 direct the same to be stated accordingly, and any such special case shall, 
 as far as may be, be heard before the court, and the decision of the court 
 shall be final ; and the coui't shall certify to the Speaker its determination 
 in reference to such special case (/). 
 
 Beservution of questions for the court. 
 
 12. Provided always, that if it shall appear to the judge on the trial of the 
 said petition that any question or questions of law as to the admissibility of 
 evidence or otherwise requu'e further consideration by the Court of Common 
 Pleas, then it shall be lawful for the said judge to postpone the granting of the 
 said certificate imtil the determination of such question or questions by the 
 court, and for this purpose to reserve any such question or questions^ m 
 like manner as questions are usually reserved by a judge on a trial at Nisi Pnus. 
 
 House of Commons to carry out certificate or report. 
 
 13. The House of Commons, on being informed by the Speaker of such certifi- 
 cate and report or reports, if any, shall order the same to be entered in theu^ 
 
 (A) See pp. 208, 209, siiprn. tions, to illegal practices : -16 & i7 Vict. 
 
 (-) In the event of the judges differing, c. 51, s. 11. 
 they must certify their dlfierence : 42 & 43 (ij !-iee p. 220, siijira. 
 
 Vict. c. 75, s. 2. See also p. 220, stiprn. (j) See p. 219, mjira. 
 
 (rt) Extended, with certain modifica- 
 
STATUTES. PARLIAMENTARY ELECTIONS ACT, 1868. 267 
 
 journals, and shall give the necessary directions for confirming or altering the 
 return, or for issuing a writ for a new election, or for carrying the determination 
 into execution, as circumstances m.ay require. 
 
 Order on special report. 
 
 14. Where the judge makes a special report, the House of Commons may 
 make such order in respect of such special report as they think proper. 
 
 Report of judge as to corrupt practices to have same effect as report of committee fm- 
 purposes of lo & IG Vict. c. 57. — Expenses of commission of inquiry. 
 
 15. (6) If the judge states in his report on the trial of an election petition 
 under this Act that corrupt practices have, or that there is reason to believe that 
 corrupt practices have, extensively prevailed in any county or borough at the 
 election to which the petition relates, such statement shall for all the purposes 
 of the Election Commissioners Act, 1852, have the same effect and may be dealt 
 with in the same manper aa if it were a report of a committee of the House of 
 Commons appointed to trj' an election petition ; and the expenses of any com- 
 mission of inquiry which may be issued in accordance with the provisions of the 
 said Act shall be defrayed as if they were expenses incurred in the registration 
 of voters for such county or borough (/r). 
 
 EviiJcnce of corrupt practices, how received. 
 
 17. On the trial of an election petition under this Act, unless the judge 
 otherwise directs, any charge of a corrupt practice may be gone into and 
 evidence in relation thereto received before any proof has been given of agency 
 on the part of any candidate in respect of such corrupt practice (T) . 
 
 Acceptance of office not to stop petition. 
 
 18. The trial of an election petition under this Act shall be proceeded with 
 notwithstanding the acceptance by the respondent of an office of profit under 
 the Crown. 
 
 Prorogation of Parliament not to stop petition, 
 
 19. The trial of an election petition under this Act shall be proceeded with 
 notwithstanding the prorogation of Parliament. 
 
 Proceedings. — Form of petition. 
 
 20. An election petition under this Act shall be in such form and state such 
 matters as may be prescribed. 
 
 Service of petition. 
 
 21. An election petition under this Act shall be served as nearly as may be in 
 the manner in which a writ or summons is served, or in such other manner as 
 may be prescribed. 
 
 Joint respondents to petition. 
 
 22. Two or more candidates may be made respondents to the same petition, 
 nnd their case may for the sake of convenience be tried at the same time, but 
 for all the pui-poses of this Act such petition shall be deemed to be a separate 
 l)etition against each respondent. 
 
 Provision in cases ivhere more jiefitions than one are presented in relation to 
 
 the same election. 
 
 23. Where, under this Act, more petitions than one are presented relating to 
 the same election or return, all such petitions shall in the election list be bracketed 
 
 (A) Extended to illegal practices : -16eVl7 (Jt) See p. 221, A//^)r». 
 
 Virt. c. 51, s. 12. (0 See pp. 90, 21(i, .vipni. 
 
268 APPENDIX II. 
 
 together, and shall be dealt with as one petition, but .suoh petitions shall stand 
 in the election list in the place where the last of suoh petitions would have 
 stood if it had been the only petition presented, unless the court shall 
 otherwise direct. 
 
 Shorthand 'writer of House to attend trial of election petitiov, and take 
 down eridrnce, which shall accompany judge's certificate, 
 
 24. On the trial of an election petition under this Act the shorthand writer 
 of the House of Commons or his deputy shall attend, and shall be sworn by the 
 judge faithfully and truly to take down the evidence given at the trial, and from 
 time to time as occasion requires to write or cause the same to be written in 
 words at length ; and it shaU. be the duty of such shorthand writer to take down 
 such evidence, and from time to time to write or cause the same to be written at 
 length, and a copy of suoh evidence shall accompany the certificate made by the 
 judge to the Speaker ; and the expenses of the shorthand writer shall be deemed 
 to be part of the exj)enses incuiTed in receiving the judge. 
 
 Jurisdiction and rules of court. — Utiles of court to be made. — Bnles 
 to be laid before I'arliament. 
 
 25. The judges for the time being on the rota for the trial of election 
 petitions in England and Ireland may respectively from time to time make, 
 and may from time to time revoke and alter, general rules and orders (in this Act 
 referred to as the rules of court), for the efieotual execution of this Act, and of 
 the intention and object thereof, and the regulation of the practice, procedure, 
 and costs of election petitions, and the trial thereof, and the certifying and 
 reporting thereon. 
 
 Any general rules and orders made as aforesaid shall be deemed to be within 
 the powers conferred by this Act, and shall be of the same force as if they were 
 enacted in the body of this Act. 
 
 Any general rules and orders made in pursuance of this section shall be laid 
 before Parliament within three weeks after they are made, if Parliament be then 
 sitting, and if Parhameht be not then sitting, within three weeks after the 
 beginning of the then next session of Parliament. 
 
 Princiiiles and practice of committees of House of Commons to be observed, 
 
 subject til rules. 
 
 26. Until rules of court have been made in pui-suance of this Act, and so far 
 as such rules do not extend, the principles, practice, and rules on which 
 committees of the House of Commons have heretofore acted in dealing with 
 election petitions shall be observed so far as may be by the court and judge in 
 the case of election petitions under this Act. 
 
 Duties of prescribed officer to be perforined bt/ Master of Common Pleas. 
 — His remuneration. 
 
 37. The duties to be performed by the prescribed officer under this Act shall 
 be performed by such one or more of the Masters of the Court of Common Pleas 
 at Westminster as may be determined by the Chief Justice of the said Court of 
 Common Pleas, and by the Master of the Court of Common Pleas at Dublin; 
 and there shall be awarded to such Masters respectively, in addition to theu- 
 existing salaries, such remuneration for the performance of the duties imposed 
 on them in pursuance of this Act as the Chief Justices of the said Courts of 
 Common Pleas at Westminster and Dublin may respectively, with the consent 
 of the Treasury, determine. 
 
 deception, expeiises, and jurisdiction of judge. — Reception of judge. 
 
 28. The judge shall be received at the place where he is about to try an 
 election petition under this Act with the same state, so far as circumstances 
 admit, as a judge of assize is received at an assize town ; he shall be received by 
 
STATUTES. PARLIAMENTARY ELECTIONS ACT, 1868. 269 
 
 the sherifE in the case of a petition relating to a county election, and in any other 
 case by the mayor, in the case of a borough having ec mayor, and in the case of 
 a borough not having a mayor, by the sheriff of the county in which th© 
 borough is situate, or by some person named by such sheriff. 
 
 Expenses. 
 
 The travelling and other expenses of the judge, and all expenses properly 
 incm'red by the sheriff or by such mayor or person named as aforesaid in 
 receiving the judge and providing him with necessary accommodation and with 
 a proper court, shall be defrayed by the Treasury out of money to be provided 
 by Parliament (to). 
 
 Powers of judge. — Court to he court of record. 
 
 29. On the trial of an election petition under this Act the judge shall, subject 
 to the provisions of this Act, have the same powers, jurisdiction, and authority 
 as a judge of one of the superior courts and as a judge of assize and Nisi Prius, 
 and the court held by him shall be a court of record («). 
 
 Attendance on Judge. 
 
 30. The judge shall be attended on the trial of an election petition under this. 
 Act in the same manner as if he were a judge sitting at Nisi Prius, and the 
 expenses of such attendance shall be deemed to be part of the expenses of pro- 
 viding a court (m). 
 
 Witnesses. — Summons of witnesses, and penalties for perjurij. 
 
 31. Witnesses shall be subpoenaed and sworn in the same manner as nearly 
 as circumstances admit as in a trial at Nisi Prius, and shall be subject to the 
 same penalties for perjury (m). 
 
 Judge may summon and examine witnesses, 
 
 32. On the trial of an election petition under this Act the judge may, by 
 order under his hand, compel the attendance of any person as a witness who 
 appears to him to have been concerned in the election to which the petition 
 refers, and any person refusing to obey such order shall be guilty of contempt 
 of court. The judge may examine any witness so compelled to attend, or any 
 person in court, although such witness is not called and examined by any party 
 to the petition. After the examination of a witness as aforesaid by a judge, 
 such witness may be cross-examined by or on behalf of the petitioner and 
 respondent, or either of them (o). 
 
 Expenses of witnesses. 
 
 34. The reasonable expenses incurred by any person in appearing to give 
 evidence at the trial of an election petition under this Act, according to the 
 scale allowed to witnesses on the trial of civil actions at the assizes, may be 
 aUowed to such person by a certificate under the hand of the judge or of the 
 prescribed officer ; and such expenses, if the witness was called and examined 
 by the judge, shall be deemed part of the expenses of providing a court, and in 
 other cases shall be deemed to be costs of the petition. 
 
 Withdrawal and abatement of election petitions. — Withdrawal of petition, and 
 substitution of new petitioners. 
 
 35. An election petition under this Act shall not be withdrawn without 
 the leave of the court or judge upon special application, to be made in and at 
 the prescribed manner, time, and place. 
 
 No such application shall be made for the withdrawal of a petition until the 
 prescribed notice has been given in the county or borough to which the petition 
 relates of the intention of the petitioner to make an application for the withdrawal 
 of his petition. 
 
 (m) See p. 198, supra, (o) See pp. 198, 21G, .mprn. 
 
 (i) See p. 209, svpra. 
 
270 APPENDIX II. 
 
 On the hearing of the application for withdrawal any person who might have 
 been a petitioner in respect of the election to which the petition relates may- 
 apply to the court or judge to be substituted as a petitioner for the petitioner so 
 desirous of withdi-awing the petition. 
 
 The court or judge may, if it or he think fit, substitute as a petitioner aily 
 such applicant as aforesaid ; and may further, if the [proposed withdrawal is in 
 the opinion of the court or judge induced by any corrupt bargain or considera- 
 tion, by order direct that the security given on behalf of the original petitioner 
 shall remain as security for any costs that may be incurred by the substituted 
 petitioner, and that to the extent of the sum named in such security the original 
 petitioner shall be liable to pay the costs of the substituted petitioner. 
 
 If no such order is made with respect to the security given on behalf of the 
 original petitioner, security to the same amount as would be required in the case 
 of a new petition, and subject to the like conditions, shall be given on behalf of 
 the substituted petitioner before he proceeds with his petition, and within the 
 jprescribed time after the order of substitution. 
 
 Subject as aforesaid, a substituted petitioner shall stand in the same position, 
 as nearly as may be, and be subject to the same liabilities, as the original 
 petitioner. 
 
 If a petition is withdrawn, the petitioner shall be liable to pay the costs of the 
 respondent. 
 
 Where there are more petitioners than one, no application to withdraw a 
 petition shall be made except with the consent of all the petitioners {p). 
 
 Abatement of petition, and substitution of neio petitioner. 
 
 37. An election petition under this Act shall be abated by the death of a sole 
 lietitioner or of the survivor of several petitioners. 
 
 The abatement of a petition shall not affect the liability of the petitioner to 
 the payment of costs previously incurred. 
 
 On the abatement of a petition the prescribed notice of such abatement having 
 taken place shall be given in the county or borough to which the petition 
 relates, and within the prescribed time after the notice is given any person who 
 might have been a petitioner in respect of the election to which the petition 
 relates may apply to the court or judge, in and at the prescribed manner, time, 
 and place, to be substituted as a petitioner. 
 
 The court or judge may, if it or he think fit, substitute as a petitioner any such 
 applicant who is desirous of being substituted, and on whose behalf security to 
 the same amount is given as is required in the case of a new petition (j). 
 
 Ailinission in certain cases of voters to be respondents. 
 
 38. If before the trial of any election petition under this Act any of the 
 following events happen in the case of the respondent ; (that is to say,) 
 
 (1) If he dies : 
 
 (2) If he is summoned to Parliament as a peer of Great Britain by a writ 
 
 issued rmder the Great Seal of Great Britain : 
 
 (3) If the House of Commons has resolved that his seat is vacant : 
 
 (l) If he gives in and at the prescribed manner and time notice to the com't 
 that he does not intend to oppose the petition : 
 Notice of such event having taken place shall be given in the county or borough 
 to which the petition relates, and within the prescribed time after the notice is 
 given any person who might have been a petitioner in respect of the election to 
 which the petition relates may apply to the court or judge to be admitted as a 
 respondent to oppose the petition, and such person shall on such application be 
 admitted accordingly, either with the respondent, if there be a respondent, or 
 in place of the respondent; and any number of persons not exceeding three 
 may be so admitted. 
 
 Respondent not opposing not to appear as party, nor sit or vote until report 
 
 •made to House. 
 
 39. A respondent who has given the prescribed notice that he does not intend 
 to oppose the petition shall not be allowed to appear or act as a party against 
 
 (y) See pp. 19i, 195, siqiru. (q) See pp. 196 — 197, supra. 
 
STATUTES. PARLIAMENTARY ELECTIONS ACT, 1868. 271 
 
 such petition in any proceedings thereon, and shall not sit or vote in the House 
 of Commons until the House of Commons has been informed of the report on 
 the petition ; and the court or judge shall in all cases in which such notice hos 
 been given in the prescribed time and manner report the same to the Speaker of 
 the House of Commons. 
 
 Provision for case of double return, where the member complained of 
 declines to defend his return. 
 
 40. Where an election petition under this Act complains of a double return, 
 and the respondent has given notice to the prescribed officer that it is not his 
 intention to oppose the petition, and no party has been admitted in pursuance 
 of this Act to defend such return, then the petitioner, if there be no petition 
 complaining of the other member returned on such double return, may with- 
 draw his petition by notice addressed to the j^rescribed officer ; and upon the 
 receipt of such notice the prescribed officer shall report the fact of the with- 
 drawal of such petition to the Speaker, and the House of Commons shall there- 
 upon give the necessary directions for amending the said double return by 
 taking ofl the file the indenture by which the respondent so declining to oppose 
 the petition was returned, or otherwise as the case may require : . . . . 
 
 Costs. — General costs of peitition. — Taxation and recovery of costs. 
 
 41. All costs, charges, and expenses of and incidental to the presentation of a 
 petition under this Act, and to the proceedings consequent thereon with the 
 exception of such costs, charges and expenses as are by this Act otherwise 
 provided for, shall be defrayed by the parties to the petition in such manner 
 and in such proportions as the court or j udge may determine, regard being had 
 to the disallowance of any costs, charges, or expenses which may, in the opinion 
 of the court or judge, have been caused by vexatious conduct, unfounded 
 allegations, or unfounded objections on the part either of the petitioner or the 
 respondent, and regard being had to the discouragement of any needless 
 expense by throwing the burden of defraying the same on the parties by whom 
 it has been caused, whether such parties are or are not on the whole successful. 
 
 The costs may be taxed in the pi-esoribed manner, . . . and such costs may be 
 recovered in the same manner as the costs of an action at law, or in such other 
 manner as may be prescribed (r). 
 
 Eecognir-ance, lohen to be estreated, &c. 
 
 42. If any petitioner in an election jietition presented under this Act neglect 
 or refuse for the space of six months after demand to pay to any person sum- 
 moned as a witness on his behalf, or to the respondent, any sum certified to be 
 due to him for his costs, charges, and expenses, and if such neglect or x'efusal 
 be within one year after such demand proved to the satisfaction of the court of 
 elections, in every such case every person who has entered into a recognizance 
 relating to such petition under the provisions of this Act shall be held to have 
 made default in his said recognizance, and the prescribed officer shall thereupon 
 certify such recognizance to be forfeited, and the same shall be dealt with in 
 England in manner provided by the Levy of Fines Act, 1822, and in Ireland in 
 manner provided by the Fines Act (Ireland), 1851. 
 
 Punishment of corrupt practices. — Avoidance of election of candidate proved 
 to have knowingly employed an agent previously found or reported guilty of 
 corrupt practices. 
 
 44. If on the trial of any election petition under this Act any candidate is 
 proved to have personally engaged at the election to which such petition relates, 
 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 
 
 ()■) See p. 197, supru. 
 
272 APPENDIX II. 
 
 found guilty of any corrupt practice by any competent legal tribunal, or been 
 reported guilty of any corrupt practice by a committee of tbe House of Commons, 
 or by the report of tbe judge upon an election petition under this Act, or by the 
 Keport of commissioners appointed in pursuance of the Election Commissioners 
 Act, 1852, the election of such candidates shall be void. 
 
 Miscellaneous. — Action against returnin;/ officer for neglecting to return person 
 found to have been duly elected. 
 
 48. If any returning officer wilfuUy delays, neglects, or refuses duly to return 
 any person who ought to be returned to serve in Parliament for any county or 
 borough, such person may, in case it has been determined on the hearing of an 
 election petition under this Act that such person was entitled to have been 
 returned, sue tbe officer having so wilfully delayed, neglected, or refused duly 
 to make such return at his election in any of Her Majesty's Courts of Becord 
 at Westminster, and shall recover double the damages he has sustained by 
 reason thereof, together with full costs of suit; provided such action be 
 commenced within one year after the commission of the act on which it is 
 grounded, or within six months after the conclusion of the trial relating to such 
 election (s), 
 
 Beclwning of time. 
 
 49. In reckoning time for the purposes of this Act, Sunday, Christmas Day, 
 Good Friday, and any day set apart for a public fast or public thanksgiving, 
 shall be excluded. 
 
 Other modes of (jiiestionvtuj elections barred. 
 
 50. No election or return to Parliament shall be questioned except in 
 accordance with the provisions of this Act, . . . 
 
 BeturniiKj officer, if complained of, to he respondent, 
 
 51. Where an election petition under this Act complains of the conduct of a 
 returning officer, such returning officer shall for all the purposes of this Act, 
 except the admission of respondents in his place, be deemed to be a respondent. 
 
 Petition complaining of no return. 
 
 52. A petition under this Act complaining of no return may be presented to 
 the court, and shall be deemed to be an election petition within the meaning of 
 this Act ; and the court may make such order thereon as they think expedient 
 for compelling a return to be made, or may allow such petition to be heard by 
 the judge in manner herein -before provided with respect to ordinary election 
 petitions. 
 
 llecriminution when petition complains cf undue return, atid claims seat. 
 
 53. On the trial of a petition under this Act complaining of an undue retm'n, 
 and claiming the seat for some person, the respondent may give evidence to 
 prove that the election of such person was undue in the same manner as if he 
 had presented a petition complaining of such election (<). 
 
 Commission of inquiry into corrupt practices, on address hy Parliament, 
 presented pietition of electors. 
 
 56. (c) If upon a petition to the House of Commons, presented within twenty- 
 one days after the return to the Clerk of the Crown in Chancery in England, or 
 to the Clerk of the Crown and Hanaper in Ireland, of a member to serve in 
 Parliament for any borough or county, or within fourteen days after the meeting 
 of Parliament, and signed by any two or more electors of such borough or 
 county, and alleging that corrupt practices have extensively. prevailed at the 
 
 (.s) See p. 13, svpra. (o) Extended to illegal practices : 46 & i? 
 
 CO See p. 210, supru, Vict. c. 51, s. 12. 
 
STATUTES. PARLIMENTARY ELECTIONS ACT, 1868. 273 
 
 then last election for such borough or county, or that there is reason to believe 
 that corrupt practices have there so prevailed, an address be presented by both 
 Houses of Parliament, pra3dng that such allegation may be inquired into, the 
 Crown may appoint commissioners to inquire into the same, and if such com- 
 missioners in such case be appointed, they shall inquire in the same manner 
 and with the same powers and subject to all the provisions of the Election 
 Commissioners Act, 1852 (m). 
 
 57. Any person who at the time of the passing of this Act was entitled to 
 practise as agent, according to the principles, practice, and rules of the House 
 of Commons, in cases of election petitions and matters relating to election of 
 members of the House of Commons, shall be entitled to practise as an attorney 
 or agent in cases of election petitions and all matters relating to elections before 
 the court and judges prescribed by this Act : provided that every such person 
 so practising as aforesaid shall, in respect of such practice and everything 
 relating thereto, be subject to the jurisdiction and orders of the court as if he 
 were an attorney of the said court : and further, provided that no such person 
 shall practise as aforesaid, until his name shall have been entered on a roll to be 
 made and kept, and wtich is hereby authorized to be made and kept, by the 
 prescribed officer in a prescribed manner. 
 
 Pensioners Civil Disabilities Eelief Act, 1869. 
 
 32 & 33 Vict. c. 15. 
 
 An Act to remove doubts as to the qualification of persons holding Civil Service 
 Pensions, or receiving Superannuation Allowances, to sit in Parliament. 
 
 [24th June 1869.] 
 
 Pensions not to disqualify holders from sitting in Parliament. 
 
 1. Pensions, compensations, or allowances, granted for civil services according 
 to the provisions of the Superannuation Act, 1834, and the Superannuation Act, 
 1859, or any other Act or Acts whatever, shall not disqualify the holder from 
 being elected or sitting or voting as a Member of the House of Commons. 
 
 Diplomatic Salaries, &c., Act, 1869. 
 
 32 & 33 Vict. c. 43. 
 
 An Act to provide for the payment of Diplomatic Salaries, Allowances, and 
 Pensions. [2nd August 1869.] 
 
 Pensioner may sit in House of Commons. 
 
 17. A pension under this Act shall not disqualify the holder for being elected 
 or sitting or voting as a member of the House of Commons. 
 
 Forfeiture Act, 1870. 
 33 & 34 Vict. c. 23. 
 An Act to abolish Forfeitures for Treason and Felony, and to otherwise amend 
 the Law relating thereto. [4th July 1870.] 
 
 Conviction for treason or felony to ie a disqualification for offices, &c. 
 
 2. . . . Any person hereafter convicted of treason or felony, for which he 
 shall be sentenced to death, or penal servitude, or any term of imprisonment 
 
 («.) See p. 221, supra. 
 L.E. T 
 
-274 APPENDIX II. 
 
 ■with hard labour, or exceediua; twelve months . . . shall become, and (until he 
 shall have suffered the punishment to which he had been sentenced, or such 
 other punishment as by competent authority may be substituted for the same, 
 ■or shall receive a free pardon from Her Majesty), shall continue thenceforth 
 incapable of . . . being elected, or sitting, or voting as a member of either 
 House of Parliament, or of exercising any right of suffrage or other parliamentary 
 «r municipal franchise whatever within England, Wales, or Ireland (w). 
 
 Ballot Act, 1872. 
 35 & 36 Vict. o. 33 {w). 
 
 An Act to amend the Law relating to Procedure at Parliamentary and 
 Municipal Elections. [18th July 1872.] 
 
 IPreamhle.'] 
 
 Part I. — ^Pabliamentaey Elections. 
 
 Procedure at elections. — Nomination of candidates for parliamentary elections. 
 
 1. A candidate for election to serve in Parliament for a county or borough 
 shall be nominated in writing. The writing shall be subscribed by two regis- 
 tered electors of such county or borough as proposer and seconder, and by eight 
 other registered electors of the same county or borough as assenting to 
 the nomination, and shall be dehvered during the time appointed for the 
 election to the returning officer by the candidate himself, or his proposer or 
 seconder. 
 
 If at the expiration of one hour after the time appointed for the election no 
 more candidates stand nominated than there are vacancies to be filled up, the 
 retirrning officer shall forthwith declare the candidates who may stand nominated 
 to be elected, and return their names to the Clerk of the Crown in Chancery ; 
 but if at the expiration of such hour more candidates stand nominated than 
 there are vacancies to be filled up, the returning officer shall adjourn the 
 election and shall take a poll in manner in this Act mentioned. 
 
 A candidate may, during the time appointed for the election, but not after- 
 wards, withdraw from his candidature by giving a notice to that effect, signed 
 by him, to the returning officer: Provided that the proposer of a candidate 
 nominated in his absence out of the United Kingdom, may withdraw such 
 candidate by a written notice signed by him and delivered to the returning 
 officer, together with a written declaration of such absence of the candidate. 
 
 If after the adjournment of an election by the returning officer for the 
 purpose of taking a poll one of the candidates nominated shall die before the 
 
 (f) See pp. 1, 46, supra. 44, 48, 49, 54, 60, 65, 67, 68, supra. 
 
 (_w) See pp. 19, 23, 26, 31, 38, 39, 42, 
 
STATUTES. BALLOT ACT, 1872. 275 
 
 poll has commenced, the returning officer shall, upon being satisfied of the fact 
 of such death, countermand notice of the poU, and all the proceedings with 
 reference to the election shall be commenced afresh in all respects as if the writ 
 had been received by the returning officer on the day on which proof was given 
 to him of such death ; provided that no fresh nomination shall be necessary in 
 the case of a candidate who stood nominated at the time of the countermand of 
 the poll (sc). 
 
 Poll at elections. 
 
 2. In the case of a poU. at an election the votes shaU be given by ballot. The 
 ballot of each voter shall consist of a, paper (in this Act called a ballot paper) 
 showing the names and description of the candidates. Each ballot paper shall 
 have a number printed on the back, and shaE have attached a counterfoil with 
 the same number printed on the face. At the time of voting the ballot paper 
 shall be marked on both sides with an official mark, and delivered to the voter 
 within the polling station, and the number of such voter on the register of voters 
 shall be marked on the counterfoil, and the voter having secretly marked his 
 vote on the paper, and folded it up so as to conceal his vote, shall place it in a 
 closed box in the presence of the officer presiding at the polling station (in this 
 Act called " the presiding officer") after having shown to him the official mark 
 at the back. 
 
 Any ballot paper which has not on its back the official mark, or on which 
 votes are given to more candidates than the voter is entitled to vote for, or on 
 which anything, except the said number on the back, is written or marked by 
 which the voter can be identified, shall be void and not counted. 
 
 After the close of the poll the ballot boxes shall be sealed up, so as to prevent 
 the introduction of additional ballot papers, and shall be taken charge of by the 
 returning officer, and that officer shall, in the presence of such agents, if any, 
 of the candidates as may be in attendance, open the ballot boxes, and ascertain 
 the result of the poll by counting the votes given to each candidate, and shall 
 fo):thwith declare to be elected the candidates or candidate to whom the majority 
 of votes have been given, and return their names to the Clerk of the Crown in 
 Chancery. The decision of the returning officer as to any question arising in 
 respect of any ballot paper shall be final, subject to reversal on petition 
 questioning the election or return. 
 
 Where an equality of votes is found to exist between any candidates at an 
 ■election for a county or borough, and the addition of a vote would entitle any 
 of such candidates to be declared elected, the returning officer, if a registered 
 elector of such county or borough, may give such additional vote, but shall not 
 in any other case be entitled to vote at an election for which he is returning 
 •officer [y). 
 
 Offences at elections.— Offences in respect of nomination papers, hallot papers, 
 
 and lallot homes. 
 
 3. Every person who, — 
 
 (1) Eorges or fraudulently defaces or fraudulently destroys any nomination 
 paper, or delivers to the returning officer any nomination paper, 
 knowing the same to be forged; or 
 
 <a) See pp. 14, 18, 21, 22, mpra. 192, supra. 
 
 iy) See pp. 23, 24, 29, 35, 36, 40, 43, 52, 
 
 T 2 
 
276 APPENDIX 11. 
 
 (2) Forges or counterfeits or fraudulently defaces or fraudulently destroys any 
 
 ballot paper or the official mark on any ballot paper ; or 
 
 (3) Without due authority supplies any ballot paper to any person ; or 
 
 (4) Praudulently puts into any ballot box any paper other than the ballot 
 
 paper which he is authorised by law to put in ; or 
 
 (5) Fraudulently takes out of the polling station any ballot paper ; or 
 
 (6) Without due authority destroys, takes, opens, or otherwise interferes 
 
 with any ballot box or packet of ballot papers then in use for the 
 purposes of the election ; 
 shall be guilty of a misdemeanor, and be liable, if he is a returning officer or 
 an officer or clerk in attendance at a polling station, to imprisonment for any 
 term not exceeding two years, with or without hard labour, and if he is any 
 other person, to imprisonment for any term not exceeding six months, with or 
 without hard labour. 
 
 Any attempt to commit any offence specified in this section shall be punishable 
 in the manner in which the offence itself is punishable. 
 
 In any indictment or other prosecution for an offence in relation to the 
 nomination papers, ballot boxes, ballot papers, and marking instruments at an 
 election, the property in such papers, boxes, and instruments may be stated to 
 be in the returning officer at such election, as well as the property in the 
 counterfoils {z). 
 
 Infringement of secrecy. 
 
 4. Every officer, clerk, and agent in attendance at a polling station shall 
 maintain and aid in maintaining the secrecy of the voting in such station, and 
 shall not communicate, except for some purpose authorised by law, before the 
 poll is closed, to any person any information as to the name or number on the 
 register of voters of any elector who has or has not applied for a ballot paper or 
 voted at that station, or as to the official mark, and no such officer, clerk, or 
 agent, and no person whosoever, shall interfere with or attempt to interfere 
 with a voter when marking his vote, or otherwise attempt to obtain in the 
 polling station information as to the candidate for whom any voter in such 
 station is about to vote or has voted, or communicate at any time to any person 
 any information obtained in a polling station as to the candidate for whom any 
 voter in such station is about to vote or has voted, or as to the number on the 
 back of the ballot paper given to any voter at such station. Every officer, 
 clerk, and agent in attendance at the counting of the votes shall maintain and 
 aid in maintaining the secrecy of the voting, and shall not attempt to ascertain 
 at such counting the number on the back of any ballot paper, or communicate' 
 any information obtained at such counting as to the candidate for whom any 
 vote is given in any particular ballot paper. No person shall directly or 
 indirectly induce any voter to display his ballot paper after he shall have 
 marked the same, so as to make known to any person the name of the candidate 
 for or against whom he has so marked his vote. 
 
 Every person who acts in contravention of the provisions of this section 
 shall be liable, on summary conviction before two justices of the peace, to- 
 
 (z) See pp. 45, 60, sujrra. 
 
STATUTES. BALLOT ACT, 1872. 277 
 
 imprisonment for any term not exceeding six months, with or without hard 
 labour (a). 
 
 Division of counties and boroughs into polling districts. 
 
 5. . . . The local authority (as hereinafter defined) of every borough shall take 
 into consideration the division of such borough into polling districts, and, if 
 they think it desirable, by order, divide such borough into polling districts in 
 such manner as they may think most convenient for taking the votes of the 
 electors at a poll. 
 
 The local authority of every county and borough shall ... if they make any 
 order with respect to polling districts or polling places in their county or borough 
 . . . send a copy of such order to the . . . Seoretar}' of State, to be laid by him 
 before both Houses of Parliament. 
 
 The local authorit/of a county or borough in this section means the authority 
 having power to divide such county or borough into polling disti-icts under 
 section thirty-four of the Eepresentation of the People Act, 1867, and any enact- 
 ments amending that section ; and such authority shall exercise the powers thereby 
 given to them for the purposes of this section ; and the provisions of the said 
 section as to the local authority of a borough constituted by the combination of 
 two or more municipal boroughs shall apply to a borough constituted by the 
 combination of a municipal borough and other places, whether municipal 
 boroughs or not ; and in the case of a borough of which a town council is not 
 the local authority, and which is not wholly situate within one petty sessional 
 division, the justices of the peace for the county in which such borough or the 
 larger part thereof in area is situate, assembled at some coui-t of general or 
 quarter sessions, or at some adjournment thereof, shall be the local authority 
 thereof, and shall for this purpose have jurisdiction over the whole of such 
 borough; . . . 
 
 No election shall be questioned by reason of any non-compliance with this 
 section or any informality relative to polling districts or polling places, and any 
 order made by a local authority in relation to poUing districts or polling places 
 shall apply only to lists of voters made subsequently to its date, and to registers 
 of voters formed out of such lists, and to elections held after the time at which 
 a register of voters so formed has come into force : Provided that where any such 
 order is made between the first day of July and the first day of November in 
 any year, and does not create any new division between two or more polling 
 districts of any parish for which a separate poor rate is or can be made, such 
 order shall apply to the register of voters which comes into force next after such 
 order is made, and to elections held after that register so comes into force ; and 
 the clerk of the peace or town clerk, as the case may be, shall copy, print, and 
 arrange the list of voters for the purpose of such register in accordance with 
 such order (J). 
 
 Use of school and public] room foi- poll. 
 
 6. The returning officer at a parliamentary election may use, free of charge, 
 for the pui-pose of taking the poll at such election, any room in a school 
 
 (a) See p. 46, supra. (*) See p. 25, supra. 
 
278 • APPENDIX II. 
 
 receiving a grant out of laoneys provided by Parliament, and any room the 
 expense of maintaining which is payable out of any local rate, but he shall 
 make good any damage done to such room, and defray any expense incurred 
 by the person or body of persons, corporate or uninoorporate, having control 
 over the same on account of its being used for the purpose of taking the poll 
 as aforesaid. 
 
 The use of any room in an unoccupied house for the purpose of taking 
 the poll shall not render any person liable to be rated or to pay any rate for 
 such house (c). 
 
 Conclusiueness of register of voters. 
 
 7. At any election for a county or borough, a person shall not be entitled to 
 vote unless his name is on the register of voters for the time being in force for 
 such county or borough, and every person whose name is on such register shall 
 be entitled to demand and receive a ballot paper and to vote : Provided that 
 nothing in this section 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 (d). 
 
 Duties of retarjiinij and election officers. — General powers and duties of 
 returning officer. 
 
 8. Subject to the provisions of this Act, every returning officer shaU provide 
 such nomination papers, polling stations, ballot boxes, ballot papers, stamping 
 instruments, copies of register of voters, and other things, appoint and pay such 
 officers, and do such other acts and things as may be necessary for effectually 
 conducting an election iu manner provided by this Act. 
 
 All expenses properly incurred by any returning officer in carrying into effect 
 the provisions of this Act, in the case of any parliamentary election, shall be 
 payable in the same manner as expenses incurred in the erection of polling 
 booths at such election are by law payable. 
 
 Where the sheriff is returning officer for more than one county as defined for 
 the purposes of parliamentary elections, he may, without prejudice to any other 
 power, by writing under his hand, appoint a fit person to be his deputy for all 
 or any of the purposes relating to an election in any such county, and may, by 
 himself or such deputy, exercise any powers and do any things which the 
 returning officer is authorised or required to exercise or do in relation to such 
 election. Every such deputy, and also any under sheriff, shall, in so far as he 
 acts as returning officer, be deemed to be included in the term returning officer 
 in the provisions of this Act relating to parliamentary elections, and the enact- 
 ments with which this jjart of this Act is to be construed as one (e). 
 
 Keeping of order in station. 
 
 9. If any person misconducts himself in the polling station, or fails to obey 
 the lawful orders of the presiding officer, he may immediately, by order of the 
 
 (c) See p. 25, supra. (e) See pp. 10, 14, 23, 26, avjyra. 
 
 (d} See pp. 46, 47, 48, 50, 211, supra. 
 
STATUTES. BALLOT ACT, 1872. 279 
 
 presiding officer, be removed from the polling station by any constable in or 
 near that station, or any other person authorised in writing by the returning 
 officer to remove him ; and the person so removed shall not, unless with the 
 permission of the presiding officer, again be allowed to enter the polling station 
 during the day. 
 
 Any person so removed as aforesaid, if charged with the commission in such 
 station of any offence, may be kept in custody until he can be brought before 
 a justice of the peace. 
 
 Provided that the powers conferred by this section shall not be exercised so 
 as to prevent any elector, who is otherwise entitled to vote at any polling station, 
 from having an opportunity of voting at such station (/). 
 
 Powers of presiding officer and administration of oaths, &e. 
 
 * 
 
 10. For the purpose of the adjournment of the poll, and of every other 
 
 enactment relating to the poll, a presiding officer shall have the power by law 
 belonging to a deputy returning officer; and any presiding officer and any 
 clerk appointed by the returning officer to attend at a polling station shall have 
 the power of asking the questions and administering the oath authorised by 
 law to be asked of and administered to voters, and any justice of the peace and 
 any returning officer may take and receive any declaration authorised by this 
 Act to be taken before him (</). 
 
 Liability of officers for misconduct. 
 
 11. Every returning officer, presiding officer, and clerk who is guilty of any 
 wilful misfeasance or any wilful act or omission in contravention of this Act 
 shall, in addition to any other penalty or liability to which he may be subject, 
 forfeit to any person aggrieved by such misfeasance, act, or omission, a penal 
 sum not exceeding one hundred pounds. 
 
 Section fifty of the Eepresentation of the People Act, 1867, (which relates to 
 the acting of any returning officer, or his partner or clerk, as agent for a 
 candidate,) shall apply to any returning officer, or officer appointed by him in 
 pursuance of this Act, and to his partner or clerk {h). 
 
 Miscellaneous, — Prohibition of disclosure of vote, 
 
 12. No person who has voted at an election shall, in any legal proceeding to 
 question the election or return, be required to state for whom he has voted (?'). 
 
 Non-compliance with rules. 
 
 13. No election shaUbe declared invalid by reason of a non-compliance with 
 the rules contained in the First Schedule to :his Act, or any mistake in the use 
 of the forms in the Second Schedule to this Act, if it appears to the tribunal 
 haying cognizance of the question that the election was conducted in accordance 
 
 (/) See pp. 28, .92, s^ipra. (A) See pp. 33, 54, supra, 
 
 (s) See pp. 32, 33, 50, supi-a. (i) See p. 215, supra. 
 
280 APPENDIX II. 
 
 with the principles laid down in the body of this Act, and that such non-com- 
 pliance or mistake did not affect the result of the election (/). 
 
 Use of municipal lalht boxes, dr., for parliamentary election, and vice versa. 
 
 14. ((/) Where a parliamentary borough and municipal borough occupy the 
 whole or any part of the same area, any ballot boxes or fittings for polling 
 stations and compartments provided for such parliamentary borough or such 
 municipal borough may be used in any municipal or parliamentary election in 
 such borough free of charge, and any damage other than reasonable wear and 
 tear caused to the same shall be paid as part of the expenses of the election at 
 which they are so used {k). 
 
 Construction, 
 
 15. This part of this Act shall, so far as is consistent with the tenor thereof, 
 be construed as one with the enactments for the time being in force relating to 
 the representation of the people, and to the registration of the persons entitled 
 to vote at the election of members to serve in Parliament, and with any enact- 
 ments otherwise relating to the subject matter of this part of this Act, and 
 terms used in this part of this Act shall have the same meaning as in the said 
 enactments ; and in construing the said enactments relating to an election or to 
 the poU or taking the votes by poll, the mode of election and of taking the poll 
 established by this Act shall for the purposes of the said enactments be deemed 
 to be substituted for the mode of election or poll, or taking the votes by poU, 
 referred to in the said enactments ; and any person applying for a ballot paper 
 under this Act shall be deemed " to tender his vote," or " to assume to vote,'' 
 within the meaning of the said enactments ; and any application for a ballot 
 paper under this Act, or expressions relative thereto, shall be equivalent to 
 " voting" in the said enactments and any expressions relative thereto ; and the 
 term "polling booth" as used in the said enactments shall be deemed to 
 include a polling station ; and the term "proclamation" as used in the said 
 enactments shall be deemed to include a public notice given in pursuance of 
 this Act (l). 
 
 Part III. — Pbrsostation. 
 
 Definition and punishment of personation. 
 
 24. The following enactments shall be made with respect to personation at 
 parUamentarj' and municipal elections : 
 
 A person shall for all pui'poses of the laws relating to parliamentary and 
 municipal elections be deemed to be guilty of the offence of personation who at 
 an election for a county or borough, or at a municipal election, applies for a 
 ballot paper in the name of some other person, whether that name be that of a 
 
 if) See p. 65, supi-a. Scotland : 41 & 42 Vict. c. 41, s. 4. 
 
 (^) Amended as to England and Ireland: {li) See p. 26, supra. 
 
 38 & 39 Vict. 0. 84, 3. 6 ; and as to (I) Sae pp. 29—30, supra. , 
 
STA'l-UTES. BALLOT ACT, 1872. 281 
 
 person living or dead or of a fictitious person, or who having voted once 
 at any such election applies at the same election for a ballot paper in his own 
 name. 
 
 ... It shall be the duty of the returning officer to institute a prosecution 
 against any person whom he may believe to have been guilty of personation, or 
 of aiding, abetting, counseUing, or procuring the commission of the offence of 
 personation by any person, at the election for which he is returning officer, and 
 the costs and expenses of the prosecutor and the witnesses in such case, to- 
 gether with compensation for their trouble and loss of time, shall be allowed by 
 the court in the same manner in which courts are empowered to allow the same 
 in cases of felony. 
 
 The provisions of the Eegistration Acts, specified in the Third Schedule to 
 this Act, shall in England and Ireland respectively apply to personation under 
 this Act in the same manner as they apply to a person who knowingly personates 
 and falsely assumes to vote in the name of another person as mentioned in the 
 said Aots(m). 
 
 Vote to he struck off for hribery, treating, or undue influence. 
 
 25. Where a candidate, on the trial of an election petition claiming the seat 
 for any person, is proved to have been guilty, by himself or by any person on 
 his behalf, of bribery, treating, or undue influence, in respect of any person who 
 voted at such election, or where any person retained or employed for reward by 
 or on behalf of such candidate for all or any of the purposes of such election, 
 as agent, clerk, messenger, or in any other employment, is proved on such trial 
 to have voted at such election, there shall, on a scrutiny, be struck off from the 
 number of votes appearing to have been given to such candidate one vote 
 for every person who voted at such election and is proved to have been so 
 bribed, treated, or unduly influenced, or so retained or employed for reward, as 
 aforesaid. 
 
 Alterations in Act as applying to Scotland, 
 
 26. This part of this Act shall apply to Scotland, subject to the following 
 provisions : — 
 
 The offence of personation shall be deemed to be a crime and offence, and the 
 rules of the law of Scotland, with respect to apprehension, detention, pre- 
 cognition, commitment, and bail shall apply thereto, and any person accused 
 thereof may be brought to trial in the court of justiciary, whether in 
 Edinburgh or on circuit, at the instance of the Lord Advocate, or before the 
 sheidff court, at the instance of the procurator fiscal. 
 
 Construction of jmrt of Act. 
 
 27. This pai't of this Act, so far as regards parliamentary elections, shall be 
 construed as one with the Parliamentary Elections Act, 1868, and shall apply 
 to an election for a university or combination of universities. 
 
 (w) See pp. 30, 134, 135, supra. 
 
282 appp:ndix ii. 
 
 Paet IV. — Miscellaneous. 
 
 Effect of schedules. 
 
 28. The schedules to this Act, and the notes thereto, and directions thereia^ 
 shall be construed and have efleot as part of this Act (»). 
 
 Saving. 
 
 31. Nothing in this Act, except Part III. thereof, shall apply to any election 
 for a university or combination of universities (o). 
 
 Short title. 
 
 33. This Act maybe cited as " The Ballot Act, 1872," and shall continue in 
 force till the thirty-first day of December one thousand eight hundred and 
 eighty, and no longer, unless Parliament shall otherwise determine (a) ; and on 
 the said day the Acts in the Fourth, Fifth, and Sixth schedules shall be thereupon 
 revived; provided that such revival shall not aSect any act done, any right* 
 acquired, any liability or penalty incurred, or any proceeding pending under 
 this Act, but such proceeding shall be carried on as if this Act had continued 
 in force. 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 Paet I. — Exiles eor Paeliamentaby Elections (^j). 
 
 Election. 
 
 1. The returning officer shall, in the case of a county election within two 
 days after the day on which he receives the writ, and in the case of a borough 
 election on the day on which he receives the writ or the following day, giv* 
 public notice, between the hours of nine in the morning and four in the after- 
 noon, of the day on which and the place at which he will proceed to an election, 
 and of the time appointed for the election, and of the day on which the poll will 
 be taken in case the election is contested, and of the time and place at which 
 forms of nomination papers may be obtained, and in the case of a county 
 
 (n) See p. 36, supra. Expiring Laws Continuance Acts. 
 
 (o) See x>. Id, supra. 
 
 (a) This Act has been confirmed by the 
 
 («) See p. 19, supra. (p) See pp. 26, 36, 66, snpra. 
 
STATUTES. BALLOT ACT, 1872. SCH. I. RULES. 283 
 
 election shall send one of such notices by post, under cover, to the postmaster 
 of the principal post office of each polling place in the county, endorsed with 
 the words " Notice of election," and the same shall be forwarded free of charge ; 
 and the postmaster receiving the same shall forthwith publish the same in the 
 manner in which post office notices are usually published {q). 
 
 2. The day of election shall be fixed by the returning officer as follows ; that 
 is to say, in the case of an election for a county or a district borough not later 
 than the niath day after the day on which he receives the writ, with an interval 
 of not less than three clear days between the day on which he gives the notice 
 and the day of election ; and in the case of an election for any borough other 
 than a district borough not later than the fourth day after the day on which he 
 receives the writ, with an interval of not less than two clear days between the 
 day on which he gives the notice and the day of election (q). 
 
 3. The place of election shall be a convenient room situate in the town in 
 which such election would have been held if this Act had not passed, or where 
 the election would not have been held in a town, then situate in such town in 
 the county as the returning officer may from time to time determine as being 
 in his opinion most convenient for the electors (s). 
 
 4. The time appointed for the election shall be such two hours between the 
 hours of ten in the forenoon and three in the afternoon as may be appointed by 
 the returning officer, and the returning officer shall attend during those two 
 hours and for one hour after (5). 
 
 5. Each candidate shall be nominated by a separate nomination paper, but 
 the same electors or any of them may subscribe as many nomination papers as 
 there are vacancies to be filled, but no more [u). 
 
 6. Each candidate shall be described in the nomination paper in such manner 
 as in the opinion of the returning officer is calculated to sufficiently identify 
 such candidate; the description shall include his names, his abode, and his 
 rank, profession or calling, and his surname shall come first in the list of his 
 names. No objection to a nomination paper on the ground of the description of 
 the candidate therein being insufficient, or not being in compliance with this 
 rule shall be allowed or deemed valid, unless such objection is made by the 
 returning officer, or by some other person, at or immediately after the time of 
 the delivery of the nomination paper {v). 
 
 7. The returning officer shall supply a form of nomination paper to any 
 registered elector requiring the same during such two hours as the returning 
 officer may fix, between the hours of ten in the morning and two in the after- 
 noon on each day intervening between the day on which notice of the election 
 was given and the day of election, and during the time appointed for the election ; 
 but nothing in this Act shall render obligatory the use of a nomination paper 
 supplied by the returning officer, so, however, that the paper be in the form 
 prescribed. by this Act(i'). 
 
 8. The nomination papers shall be delivered to the returning officer at the 
 place of election during the time appointed for the election ; and the candidate 
 nominated by each nomination paper, and his proposer and seconder, and one 
 other person selected by the candidate, and no person other than aforesaid, shall, 
 except for the purpose of assisting the returning officer, be entitled to attend 
 the proceedings during the time appointed for the election (y). 
 
 il) See p. 16, supra. {n) See p. 19, mpra. 
 
 {') See p. 17, mpra. (c) See p. 20, mpra. 
 
284 APPENDIX II. 
 
 9. If tlie election is contested the returning officer shall, as soon as practicable 
 alter adjourning the election, give public notice of the day on which the poll 
 ■will be taken, and of the candidates described as in their respective nomination 
 papers, and of the names of the persons who subscribe the nomination paper of 
 each candidate, and of the order in which the names of the candidates will be 
 printed in the ballot paper, and in the case of an election for a county deliver 
 to the postmaster of the principal post office of the town in which is situate the 
 place of election a paper, signed by himself, containing the names of the candi- 
 dates nominated, and stating the day on which the poll is to be taken, and the 
 postmaster shall forward the infoi-mation contained in such paper by telegi-aph, 
 free of charge, to the several postal telegraph offices situate in the county for 
 which the election is to be held, and such information shall be published forth- 
 with at each such office in the manner in which post office notices are usually 
 published (i«). 
 
 10. If any candidate nominated during the time appointed for the election is 
 withdrawn in pursuance of this Act, the retui'ning officer shall give public notice 
 of the name of such candidate, and the names of the persons who subscribed the 
 nomination paper of such candidate, as well as of the candidates who stood 
 nominated or were elected (as). 
 
 11. The returning officer shall, on the nomination paper being delivered to 
 him, forthwith publish notice of the name of the person nominated as a candi- 
 date, and of the names of his proposer and seconder, by placarding or causing 
 to be placarded the names of the candidate and his proposer and seconder in a 
 conspicuous position outside the building in which the room is situate appointed 
 for the election (y). 
 
 12. A person shall not be entitled to have his name inserted in any ballot 
 paper as a candidate unless he has been nominated in manner provided by this 
 Act, and every person whose nomination paper has been delivered to the return- 
 ing officer during the time appointed for the election shall be deemed to have 
 been nominated in manner provided by this Act, unless objection be made to 
 his nomination paper by the returning officer or some other person before 
 the expiration of the time appointed for the election or within one hour 
 afterwards (a). 
 
 13. The returning officer shall decide on the validity of every objection made 
 to a nomination paper, and his decision, if disallowing the objection, shall be 
 final ; but if allowing the same, shall be subject to reversal on petition 
 questioning the election or return (a). 
 
 The Pull. 
 
 14. The poll shall take place on such day as the returning officer may appoint, 
 not being in the case of an election for a county or district borough less than 
 two nor more than six clear days, and not being in the case of an election for a 
 borough other than a district borough more than three clear days after the day 
 fixed for the election (a). 
 
 15. At every polling place the returning officer shall provide a sufficient 
 number of polling stations for the accommodation of the electors entitled to 
 
 (to) See pp. 19, 21, supra, (i) See p. 21, supra, 
 
 (a;) See p. 22, supra. (a) See p. 23, supra, 
 
 (ij) See p. 20, stipra. ^ 
 
STATUTES. BALLOT ACT, 1872. SCH. I. RULES. 285 
 
 vote at such polling place, and shall distribute the polling stations amongst 
 those electors in such manner as he thinks most convenient, provided that in a 
 district borough there shall be at least one polling station at each contributory- 
 place of such borough (b). 
 
 1 6. Bach polling station shall be furnished with such number of compartments, 
 in which the voters can mark their votes screened from observation, as the 
 returning officer thinks necessary, so that at least one compartment be pro- 
 vided for every one hundred and fifty electors entitled to vote at such polling 
 station (b). 
 
 17. A separate room or separate booth may contain a separate polling 
 station, or several polling stations m.ay be constructed in the same room or 
 booth (6). 
 
 18. No person shall be admitted to vote at any poUing station except the one 
 allotted to him (t). 
 
 19. The returning officer shall give public notice of the situation of polling 
 stations and the description of voters entitled to vote at each station, and of the 
 mode in which electors are to vote (6). 
 
 20. The returning officer shall provide each polling station with materials for 
 voters to mark the ballot papers, with instruments for stamping thereon the 
 official mark, and with copies of the register of voters, or such part thereof as 
 contains the names of the voters allotted to vote at such station. He shall keep 
 the official mark secret, and an interval of not less than seven years shall 
 intervene between the use of the same official mark at elections for the same 
 county or borough (c). 
 
 2 1 . The returning officer shall appoint a presiding officer to preside at each 
 station, and the officer so appointed shall keep order at his station, shall regulate 
 the number of electors to be admitted at a time, and shall exclude all other 
 persons except the clerks, the agents of the candidates, and the constables on 
 
 22. Every ballot paper shall contain a list of the candidates described as in 
 their respective nomination papers, and arranged alphabetically in the order of 
 their surnames, and (if there are two or more candidates with the same surname) 
 of then- other names : it shall be in the form set forth in the Second Schedule to 
 this Act or as near thereto as circumstances admit, and shall be capable of being 
 folded up(e). 
 
 23. Every ballot box shall be so constructed that the baUot papers can be 
 introduced therein, but cannot be withdrawn therefrom, without the box being 
 unlocked. The presiding officer at any polling station, just before the com- 
 mencement of the poll, shall show the ballot box empty to such persons, if any, 
 as may be present in such station, so that they may see that it is empty, and 
 shall then lock it up, and place his seal upon it in such manner as to prevent its 
 being opened without breaking such seal, and shall place it in his view for the 
 receipt of ballot papers, and keep it so looked and sealed (e). 
 
 24. Immediately before a ballot paper is delivered to an elector, it shall b& 
 marked on both sides with the official mark, either stamped or perforated, and 
 the number, name, and description of the elector as stated in the copy of the- 
 register shall be called out, and the number of such elector shall be marked on 
 the counterfoil, and a mark shall be placed in the register against the number 
 
 (}) See p. 2.5, supra. (d) See p. 28, supra. 
 
 (c) See pp. 2G, 27, supra. (e) See p. 26, supra. 
 
286 APPENDIX II. 
 
 of the elector, to denote that he has received a ballot paper, but without sho-wing 
 the particular ballot paper which he has received (/), 
 
 25. The elector, on receiving the ballot paper, shall forthwith proceed into 
 one of the compartments in the polling station, and there mark his paper, and 
 fold it up so as to conceal his vote, and shall then put his ballot paper, 
 so folded up, into the ballot box ; he shall vote without undue delay, and 
 ■shall quit the polling station as soon as he has put his ballot paper into the 
 ballot box(5r). 
 
 26. The presiding officer, on the application of any voter who is incapacitated 
 by blindness or other physical cause from voting in manner prescribed by this 
 Act, or (if the poll be taken on Saturday) of any voter who declares that he is of the 
 Jewish persuasion, and objects on religious grounds to vote in manner prescribed 
 by this Act, or of any voter who makes such a declaration as hereinafter men- 
 tioned that he is unable to read, shall, in the presence of the agents of the 
 candidates, cause the vote of such voter to be marked on a ballot paper in 
 manner directed by such voter, and the ballot paper to be placed in the ballot 
 box, and the name and number on the register of voters of every voter whose 
 vote is marked in pursuance of this rule, and the reason why it is so marked, 
 fihall be entered on a list, in this Act called ' ' the list of votes marked by the 
 presiding officer " {h}. 
 
 The said declaration, in this Act referred to as " the declaration of inability 
 to read," shall be made by the voter at the time of polling, before the presiding 
 officer, who shall attest it in the form herein-after mentioned, and no fee, 
 fitamp, or other payment shall be charged in respect of such declaration, 
 and the said declaration shall be given to the presiding officer at the time of 
 voting (7j). 
 
 27. If a person, representing himself to be a particular elector named on the 
 register, applies for a ballot paper after another person has voted as such elector, 
 the applicant shall, upon duly answering the questions and taking the oath 
 permitted by law to be asked of and to be administered to voters at the time of 
 polling, be entitled to mark a ballot paper in the same manner as any other 
 voter ; but the ballot paper (in this Act called a tendered ballot paper) shall be 
 of a colour difiering from the other ballot papers, and instead of being put into 
 the ballot box, shall be given to the presiding officer and endorsed by him with 
 he name of the voter and his number in the register of voters, and set aside in 
 a, separate packet, and shall not be counted by the returning officer. And the 
 name of the voter and his number on the register shall be entered on a Ust, in 
 this Act called the tendered votes list (■/). 
 
 28. A voter who has inadvertently dealt with his ballot paper in such manner 
 that it cannot be conveniently used as a ballot paper, may, on delivering to the 
 presiding officer the ballot paper so inadvertently dealt with, and proving the 
 fact of the inadvertence to the satisfaction of the presiding officer, obtain another 
 ballot paper in the place of the ballot paper so delivered up (in this Act called 
 a spoilt ballot paper), and the spoilt ballot paper shall be immediately 
 cancelled {j). 
 
 29. The presiding officer of each station, as soon as practicable after the close 
 of the poll, shall, in the presence of the agents of the candidates, make up into 
 
 (/) See pp. 27, 30, sujn-a. (i) See pp. 29—30, 52, 212. 
 
 (g) See p. 29, mpra. ( j) See p. 29, smpra. 
 
 (A) See p. 30, supra. 
 
STATUTES. BALLOT ACT, 1872. SCH. I. RULES. 287 
 
 separate packets sealed with his own seal and the seals of such agents of the 
 candidates as desire to affix their seals, — 
 
 (1) Each ballot box in use at his station, unopened but with the key- 
 
 attached ; and 
 
 (2) The unused and spoilt ballot papers, placed together ; and 
 
 (3) The tendered ballot papers ; and 
 
 (4) The marked copies of the register of voters, and the counterfoils of the 
 
 ballot papers ; and 
 
 (5) The tendered votes list, and the list of votes marked by the presiding 
 
 officer, and a statement of the number of the voters whose votes are so 
 marked by the presiding officer under the heads " physical incapacity," 
 "Jews," and "unable to read," and the declarations of inability to 
 read; 
 and shall deliver such packets to the returning officer (k). 
 
 30. The packets shall? be accompanied by a statement made by such presiding 
 officer, showing the number of ballot papers entrusted to him, and accounting 
 for them under the heads of ballot papers in the ballot box, unused, spoilt, and 
 tendered ballot papers, which statement is in this Act referred to as the ballot 
 paper account (/c). 
 
 Counting Votes. 
 
 31. The candidates may respectively appoint agents to attend the counting of 
 the votes {I). 
 
 32. The returning officer shall make arrangements for counting the votes in 
 the presence of thra agents of the candidates as soon as practicable after the 
 close of the poll, and shall give to the agents of the candidates appointed to 
 attend at the counting of the votes notice in writing of the time and place at 
 which he will begin to count the same (m). 
 
 33. The returning officer, his assistants and clerks, and the agents of 
 candidates, and no other person, except with the sanction of the returning 
 officer, may be present at the counting of the votes (n). 
 
 34. Before the returning officer proceeds to count the votes, he shall, in the 
 presence of the agents of the candidates, open each ballot box, and, taking out 
 the papers therein, shall count and record the number thereof, and then mix 
 together the whole of the ballot papers contained in the ballot boxes. The 
 returning officer, while counting and recording the number of ballot papers and 
 coionting the votes, shall keep the ballot papers with their faces upwards, and 
 take all proper precautions for preventing any person from seeing the numbers 
 printed on the back of such papers (o). 
 
 35. The returning officer shall, so far as practicable, proceed continuously 
 with counting the votes, allowing only time for refreshment, and excluding 
 (except so far as he and the agents otherwise agree) the hours between seven 
 clock at night and nine o'clock on the succeeding morning. During the 
 excluded time the returning officer shall place the ballot papers and other 
 documents relating to the election under his own seal and the seals of 
 such of the agents of the candidates as desire to affix their seals, and 
 
 {k) See p. 32, supra. («) See p. 28, smpra. 
 
 (0 See p. 33, tupra. (o) See pp. 28 — 29, supra. 
 
 (m) See pp. 32—33, supra. 
 
288 APPENDIX II. 
 
 shall otherwise take proper precautions for tlie security of such papers and 
 documents (^). 
 
 36. The returning officer shaU endorse "rejected" on any ballot paper 
 ■which he may reject as invalid, and shall add to the endorsement " rejection 
 objected to," il an objection be in fact made by any agent to his decision. 
 The returning officer shall report to the Clerk of the Crown in Chancery 
 the number of ballot papers rejected and not counted by him under the several 
 heads of, — 
 
 (1) Want of official mark ; 
 
 (2) Voting for more candidates than entitled to ; 
 
 (3) Writing or mark by which voter could be identified ; 
 
 (4) Unmarked or void for uncertainty ; 
 
 and shall on request allow any agents of the candidates, before such report is 
 sent, to copy it(j). 
 
 37. "Upon the completion of the counting the returning officer shall seal up 
 in separate packets the counted and the rejected ballot papers. He shall not 
 open the sealed packet of tendered ballot papers or marked copy of the register 
 of voters and counterfoils, but shall proceed in the presence of the agents of the 
 candidates, to verify the ballot paper account given by each presiding ofiioer by 
 comparing it with the number of ballot papers recorded by him as aforesaid, and 
 the unused and spoilt ballot papers in his possession and the tendered votes Hst, 
 and shall reseal each sealed packet after examination. The returning officer 
 shall report to the Clerk of the Crown in Chancery the result of such verification, 
 and shall, on request, allow any agents of the candidates, before such report is 
 sent, to copy it (r). 
 
 38. Lastly, the returning officer shall forward to the Clerk of the Crown in 
 Chancery (in manner in which the poll books are by any existing enactment 
 required to be forwarded to such clerk, or as near thereto as circumstances 
 admit) all the packets of ballot papers in his possession, together with the said 
 reports, the ballot paper accounts, tendered votes lists, lists of votes marked by 
 the presiding officer, statements relating thereto, declarations of inability to 
 read, and packets of counterfoils, and marked copies of registers, sent by each 
 presiding officer, endorsing on each packet a description of its contents and the 
 date of the election to which they relate, and the name of the county or borough 
 for which such election was held ; and the term poll book in any such enactment 
 shaU be construed to include any document forwarded in pursuance of this 
 rule (s). 
 
 39. The Clerk of the Crown shall retain for a year all documents relating to 
 an election forwarded to him in pursuance of this Act by a returning officer, 
 and then, unless otherwise directed by an order of the House of Commons, or 
 of one of Her Majesty's Superior Courts, shall cause them to be destroyed. 
 
 40. No person shall be allowed to inspect any rejected ballot papers in the 
 custody of the Clerk of the Crown in Chancery, except under the order of the 
 House of Commons, or under the order of one of Her Majesty's Superior Courts, 
 to be granted by such court on being satisfied by evidence on oath that the 
 inspection or production of such ballot papers is required for the purpose of 
 instituting or maintaining a prosecution for an oHence in relation to ballot 
 
 ip) See f . 34, supra. (r) See p. 43, supra. 
 
 (j) See pp. 35, 213, s^ipra. («) See p. 44, supra. 
 
STATUTES. BALLOT ACT, 1872. SCH. 1. RULES. 289 
 
 papers, or for the purpose of a petition questioning an election or return ; and 
 any such, order for the inspection or production of ballot papers may be 
 made subject to such conditions as to persons, time, place, and mode of in- 
 spection or production as the House or court making the same may think 
 expedient, and shall be obeyed by the Clerk of the Crown in Chancery. Any 
 power given to a court by this rule may be exercised by any judge of such court 
 at chambers (t). 
 
 41. No person shall, except by order of the House of Commons or any 
 tribunal having cognizance of petitions complaining of undue returns or undue 
 elections, open the sealed packet of counterfoils after the same has been once 
 sealed up, or be allowed to inspect any counted ballot papers in the custody of 
 the Clerk of the Crown in Chancery ; such order may be made subject to such 
 conditions as to persons, time, place, and mode of opening or inspection, as the 
 House or tribunal making the order may think expedient ; provided that on 
 making and carrying into effect any such order, care shall be taken that the 
 mode in which any particular elector has voted shall not be discovered until he 
 has been proved to have voted, and his vote has been declared by a competent 
 court to be invalid (Q. 
 
 42. All documents forwarded by a returning officer in pursuance of this Act 
 to the Clerk of the Crown in Chancery, other than ballot papers and counterfoils, 
 shall be open to public inspection at such time and under such regulations as 
 may be prescribed by the Clerk of the Crown in Chancery, with the consent of 
 the Speaker of the House of Commons, and the Clerk of the Crown shall supply 
 copies of or extracts from the said documents to any person demanding the same, 
 on payment of such fees and subject to such regulations as may be sanctioned 
 by the Treasury. 
 
 43. Where an order is made for the production by the Clerk of the Crown in 
 Chancery of any document in his possession relating to any specified election, 
 the production by such clerk or his agent of the document ordered, in such 
 manner as may be directed by such order, or by a rule of the court having power 
 to make such order, shall be conclusive evidence that such document relates to 
 the specified election ; and any endorsement appearing on any packet of ballot 
 papers produced by such Clerk of the Crown or his agent shall be evidence of 
 such papers being what they are stated to be by the endorsement. The produc- 
 tion from proper custody of a ballot paper purporting to have been used at any 
 election, and of a counterfoil marked with the same printed number and having 
 a number marked thereon in writing, shaU be prima facie evidence that the 
 person who voted by such ballot paper was the person who at the time of such 
 election had affixed to his name in the register of voters at such election the 
 same number as the number written on such counterfoil. 
 
 General Provisions. 
 
 44. The return of a member or members elected to serve in Parliament for 
 any county or borough shall be made by a certificate of the names of such 
 member or members under the hand of the returning officer endorsed on the 
 
 (t) See p. 207, m]>ra. 
 
 L.E. U 
 
290 APPENDIX II. 
 
 writ of election for such county or borough, and such certificate shall have 
 effect and be dealt with in like manner as the return under the existing law, 
 and the returning officer may, if he think fit, deliver the writ witli such 
 certificate endorsed to the postmaster of the principal office of the place of 
 election, or his deputy, and in that case he shall take a receipt from the post- 
 master or his deputy for the same ; and such postmaster or his deputy shaU 
 then forward the same by the first post, free of charge, under cover, to the 
 Clerk of the Crown with the words "Election Writ and Return" endorsed 
 thereon (»)• 
 
 45. The returning officer shall, as soon as possible, give public notice of 
 the names of the candidates elected, and, in the case of a contested election, 
 the total number of votes given for each candidate, whether elected or 
 not (('). 
 
 46. Where the returning officer is required or authorised by this Act to give 
 any pubKc notice, he shall carry such requirement into eflect by advertisements, 
 placards, handbills, or such other means as he thinks best calculated to afford 
 information to the electors. 
 
 47. The returning officer may, if he think fit, preside at any polHng station, 
 and the provisions of this Act relating to a presiding officer shall apply to such 
 returning officer with the necessary modifications as to things to be done by the 
 returning officer to the presiding officer, or the presiding officer to the returning 
 officer (w). 
 
 48. In the case of a contested election for any county or borough, the 
 returning officer may, in addition to any clerks, appoint competent persons to 
 assist him in counting the votes (x). 
 
 49. No person shall be appointed by a returning officer for the purpose 
 of an election who has been employed by any other person in or about the 
 election (lu). 
 
 50. The presiding officer may do, by the clerks appointed to assist him, any 
 act which he is required or authorised to do by this Act at a polling station, 
 except ordering the arrest, exclusion, or ejection from the polling station of 
 any person (y) . 
 
 51. A candidate may himself undertake the duties which any agent of his if 
 appointed might have undertaken, or may assist his agent ia the perfonnance 
 of such duties, and may be present at any place at which his agent may, in 
 pursuance of this Act, attend (z). 
 
 52. The name and address of every agent of a candidate appointed to attend 
 the counting of the votes shall be transmitted to the returning officer one clear 
 day at the least before the opening of the poll ; and the returning officer may 
 refuse to admit to the place where the votes are counted any agent whose name 
 and address has not been so transmitted, notwithstanding that his appoint- 
 ment may be otherwise valid, and any notice required to be given to an 
 agent by the returning officer may be delivered at or sent by post to such 
 address. 
 
 53. If any person appointed an agent by a candidate for the purpose of 
 attending at the polling station or at the counting of the votes dies, or becomes 
 
 (k) See p. 12, sui>ra. (a;) See pp. 28, 33, supra. 
 
 (■V) See pp. 21, 43, supra. (y) See p. 33, supra, 
 
 {w) See p. 28, supra. . (.r) See p. 192, sujir/i. 
 
STATUTES. BALLOT ACT, 1872. SCH. 1. RULES. 291 
 
 incapable of acting during the time of the election, the candidate may 
 appoint another agent in his place, and shall forthwith give to the 
 returning officer notice in writing of the name and address of the agent so 
 appointed (a). 
 
 54. Every returning officer, and every officer, clerk, or agent authorised to 
 attend at a polling station, or at the counting of the votes shall, before the 
 opening of the poll, make a statutory declaration of secrecy, in the presence, if 
 he is the returning officer, of a justice of the peace, and if he is anj- other officer 
 or an agent, of a justice of the peace or of the returning officer ; but no such 
 returning officer, officer, clerk, or agent as aforesaid shall, save as aforesaid, be 
 required, as such, to make any declaration, or take any oath on the occasion of 
 any election (5). 
 
 35. Where in this Act any expressions are used requiring or authorising or 
 inferring that any act or thing is to be done in the presence of the agents of the 
 candidates, such exprelSsions shall be deemed to refer to the presence of such 
 agents of the candidates as may be authorised to attend, and as have in fact 
 attended, at the time and place where such act or thing is being done, and the 
 non-attendance of any agents or agent at such time and place shall not, if such 
 act or thing be otherwise duly done, in anywise invalidate the act or thing 
 done. 
 
 66. In reckoning time for the purposes of this Act, Sunday, Christmas 
 Day, Good Friday, and any day set apart for a public fast or public thanks- 
 giving, shall be excluded ; and where anything is required by this Act to 
 be done on any day which falls on the above-mentioned days such thing 
 may be done on the next day, unless it is one of the days excluded as above- 
 mentioned. 
 
 57. In this Act — 
 
 The expression "district borough" means the borough of Monmouth and 
 any of the boroughs specified in Schedule E. to the Representation of the 
 People Act, 1832 ; and 
 
 The expression " poUing place" means, in the case of a borough, such 
 borough or any part thereof in which a separate booth is required or 
 authorised by law to be provided ; and 
 
 The expression "agents of the candidates," used in relation to a poUing 
 station, means agents appointed in pursuance of section eighty-five of 
 the Parliamentary Voters Registration Act, 1843. 
 
 Modifications in Application of Part One of Schedule to Scotland. 
 
 58. In Scotland, the place of election shall be a convenient room situate in 
 the town in which the writ for the election would, if this Act had not passed, 
 have been proclaimed (c). 
 
 59. In Scotland, the candidates may respectively appoint agents to attend at 
 the polling stations. The ballot papers and other documents, other than the 
 
 (a) See p. 5!), svpra. (n) See p. 17, mipm. 
 
 (b) See pp. 33, 45, xiiprK. 
 
 V 2 
 
292 APPENDIX II. 
 
 return required to be sent to and kept by the Clerk of the Crown in Chancery, 
 shall, in Scotland, be kept by the sheriff clerks of the respective counties in 
 which the returns (including those for burghs) are made, and the provisions of 
 this schedule relating thereto shall be construed as if the sheriff clerk were 
 substituted for Cleik of the Crown in Chancery (d). 
 
 60. In Scotland, the term " district borough " shall mean the combined burghs 
 and towns specified in Schedule E. of the Eepi'esentation of the People (Scotland) 
 Act, 1832, and in Schedule A. of the Eepresentation of the People (Scotland) 
 Act, 1868. 
 
 61. The provisions of the Eepresentation of the People (Scotland) Act, 1832, 
 in so far as they relate to the fixing and announcement of the day of election , 
 the interval to elapse between the receipt of the writ and the day of election, 
 the period of adjournment for taking the poU in the case of Orkney and Shetland, 
 and of the district of burghs comprising Kirkwall, Wick, Dornoch, Dingwall, 
 Tain, and Cromarty, and to the keeping open of the poll for two consecutive 
 days in the case of Orkney and Shetland, shall remain in full force and effect, any- 
 thing in this Act or any other Act of Parliament now in force notwithstanding ; 
 but nothing herein contained shall be construed to exclude Orkney and Shetland 
 or Orkney or Shetland, or the said district of burghs, or any of the burghs in 
 the said district, from any of the benefits and obligations of the other portions 
 of this Act (e). 
 
 Modi-ficatiuns in Ajiplication of Part One of Schedule to Ireland. 
 
 62. The expression " Clerk of the Crown in Chancery " in this schedule shall 
 mean, as regards Ireland, " The Clerk of the Crown and Hanaper in Ireland." 
 
 63. A presiding officer at a polling station in a county in Ireland need not be 
 a freeholder of the county. 
 
 SECOND SCHEDULE (/). 
 
 Note. — The forms contained in this schedule, or forms as nearly resembhng 
 the same as circumstances will admit, shall be used in all cases to which they 
 refer and are applicable, and when so used shall be sufficient in law. 
 
 Writ fur a C'ouiity or Borough at u. Parliamentary Election, 
 
 (h) Victoria, by the Grace of God, of the United Kingdom of Great Britain 
 
 (d) See p. 44, swpra. (/t) The name of the Sovereign may be. 
 
 (p) See p. 16, sHjn-a. altered when necessary. 
 
 (/) See pp. 26, 27, 36, 43, 65, svpr/i. 
 
STATUTES. BALLOT ACT, 187:2. SCH. 2. 293 
 
 and Irelaad, Queen, Defender of the Faith, to the (j) of the county [or 
 
 borough] of , greeting : 
 
 (j) Whereas by the advice of our Council we have ordered a Parliament to be 
 holden at Westminster on the day of next. We command you that 
 
 notice of the time and place of election being first duly given, you do cause 
 election to be made according to law of members [or a member] to serve in 
 
 Parliament for the said county [or the division of the said county, or the 
 
 borough, ur as the case may be] of (k) and that you do cause the names of 
 
 such members [or member] when so elected, whether they [or he] be present or 
 absent, to be certified to us, in our Chancery, without delay. 
 
 Witness ourself at Westminster, the day of in the year of 
 
 our reign, and in the year of our Lord 18 . 
 
 Label or direction of Writ. 
 
 To the (0 of 
 
 A writ of a new election of members [or member] for the said county [or 
 division of a county or borough, or as the case may be]. 
 
 Endorsement. 
 
 Eeceived the within writ on the day of 18 . 
 
 (Signed) A.B., 
 High Sheriff [or Sherifi, or Mayor, or as the case may 
 
 Certificate endorsed on the Writ. 
 
 I hereby certify, that the members [or member] elected for in pursuance 
 
 of the within-written writ, are [or is] A.B. of , in the county of and 
 
 CD. of , in the county of 
 
 (Signed) A.B., 
 High Sheriff [or Sheriff, or Mayor, or as the case may be]. 
 
 Note. — A separate writ will be issued for each county as defined for the 
 purposes of a parliamentary election. 
 
 (i) Insert " sheriff " or other returning here in the name of A.B., deceased, or 
 
 officer. otherwise, stating the cause of vacancy. 
 
 (j) This preamble to be omitted except (Z) Insert '■ sherifE " or other returning 
 
 in case of a general election. officer. 
 
 (i) Except in a general election, insert 
 
294 APPENDIX II. 
 
 Fin-m r-f Xiitice of Parliameiiiory Elivlimi. 
 
 The returning officer of the of will, on the day of 
 
 now next ensuing, between the hoiu-s of and , proceed to the 
 
 nomination, and, if there is no opposition, to the election, of a member 
 
 [or members] for the said county [or division of a county or borough] at 
 the (to) 
 
 Forms of nomination paper may be obtained at (m), between the hours 
 
 of and on 
 
 Every nomination paper must be signed by two registered electors as 
 proposer and seconder, and by eight other registered electors as assenting to the 
 nomination. 
 
 Every nomination paper must be delivered to the retiu'ning officer by the 
 candidate proposed, or by his proposer and seconder, between the said hours 
 of and on the said day of at the said (m). 
 
 Each candidate nominated, and his proposer and seconder, and one other 
 person selected by the candidate, and no other persons, are entitled to be 
 admitted to the room. 
 
 In the event of the election being contested, the poll will take place on the 
 day of 
 
 (Signed) A.B., 
 Sherifi [or Mayor, or as the rase may be], 
 day of 18 . 
 
 Take notice, that all persons who are guilty of bribery, treating, undue 
 influence, pei'sonation, or other corrupt practices, [(h) or any illegal practice] at 
 the said election will, on conviction of such offence, be liable to the penalties 
 mentioned in that behalf in the Corrupt Practices Prevention Act, 1854 [o), 
 and the Ballot Act, 1872, and the Acts amending the said Acts. 
 
 Form of Nomination l-'aj)tr in ParUamiidary Election. 
 
 We, the undersigned A.B. of in the of and O.D. of in 
 
 the of , being electors for the of , do hereby nominate 
 
 i'li) yute. — Insert description of place («) By 40 & 47 Yict. c. »\, s. 62, the 
 
 and room. words " The Corrupt and Illegal Practices 
 
 («) ^\'ords in brackets inseited by Prevention Act, 1883," are to be here 
 
 4('> & 47 Yict. c. 51, s. Ii2. inserted. 
 
STATUTES. BALLOT ACT, 1872. SCH. 2. 
 
 295 
 
 the following person as a proper person to serve as member for the said 
 Parliament : — 
 
 Surname. 
 
 Other Names. 
 
 Abode. 
 
 Bank, Profession, or 
 Occupation. 
 
 BROWN . 
 
 John 
 
 52, George St., Bris- 
 tol. 
 
 Merchant. 
 
 JONES . 
 
 or 
 William David . 
 
 High Elms, Wilts . 
 
 Esquire. 
 
 MERTON . 
 
 or 
 Hon. Geobge Tea vis, 
 commonly called 
 Viscount. 
 
 Swauworth, Berks . 
 
 Viscount. 
 
 SMITH . 
 
 • 
 
 or 
 
 Henky Sydney 
 
 72, High St., Bath . 
 
 Attorney. 
 
 (Signed) A.B. 
 CD. 
 
 We, the undersigned, being registered electors of the , do hereby assent 
 
 to the nomination of the above-mentioned John Brown as a proper person to 
 serve as member for the said in Parliament. 
 
 (Signed) 
 
 E.F. of 
 
 G.H. of 
 
 I.J. of 
 
 K.L. of 
 
 M.N. of 
 O.P. of 
 Q.R. of 
 S.T. of 
 
 Noie. — Where a candidate is an Irish peer, or is commonly known by some 
 title, he may be described by his title as it it were his surname. 
 
 Form of Back of Ballot Paper. 
 
 No. 
 
 Election for county [or borough]. 
 
 18 . 
 Note.—Tha number on the ballot paper is to correspond with that on the 
 coimterfoil. 
 
 Directions as to Printing Ballot Paper. 
 
 Nothing is to be printed on the ballot paper except in accordance with this 
 schedule. 
 
296 APPENDIX II. 
 
 The eumame of each candidate, and if there are two or more candidates of 
 the same surname also the other names of such candidates, shall he printed in 
 large characters, as shown in the form, and the names, addresses, and descrip- 
 tions, and the numher on the back of the paper, shall be printed in small 
 characters. 
 
 Form of Directions for the Guidance of the Voter in voting, which shall be 
 printed in conspicuous Characters, and placarded outside every Polliny Stidion 
 and in every Compartment of every Polling Station. 
 
 The voter may vote for candidate . 
 
 The voter will go into one of the compartments, and, with the pencil provided 
 in the compartment, place a cross on the right-hand side, opposite the name of 
 each candidate for whom he votes, thus X- 
 
 The voter will then fold up the ballot paper so as to show the official mark on 
 the back, and leaving the compartment will, without showing the front of the 
 paper to any person, show the official mark on the back to the presiding officer, 
 and then, in the presence of the presiding officer, put the paper into the ballot 
 box, and forthwith quit the polling station. 
 
 If the voter inadvertently spoils a ballot paper, he can return it to the officer, 
 who will, if satisfied of such inadvertence, give him another paper. 
 
 If the voter votes for more than candidate , or places any mark on the 
 
 paper by which he may be afterwards identified, his ballot paper will be void, 
 and will not be counted. 
 
 If the voter takes a ballot paper out of the polling station, or deposits in the 
 ballot box any other paper than the one given him by the officer, he will be 
 guilty of a misdemeanor, and be subject to imprisonment for any term not 
 exceeding six months with or without hard labour. 
 
 Note. — These directions shall be illustrated by examples of the ballot 
 paper. 
 
 Form of Statutory Declaration of Secrecy. 
 
 I solemnly promise and declare, that I will not at this election for do 
 
 anything forbidden by section four of the Ballot Act, 1872, which has been 
 read to me. 
 
 Note. — This section must be read to the declarant by the person taking the 
 declaration. 
 
 Form of Declaration of inability to read. 
 
 I, A.B., of , being numbered on the Eegister of Voters for the 
 
 county [or borough] of , do hereby declare that I am unable to read. 
 
 A.B., his mark, 
 day of 
 
STATUTES. BALLOT ACT, 1872. ,SCH. 3. 
 
 297 
 
 I, the undersigned, being the presiding officer for the polling station for 
 
 the county [or borough] of , do hereby certify, that the above declaration, 
 
 having been first read to the above-named A.B., was signed by him in my 
 presence with his mark. 
 
 Signed, CD., 
 Presiding officer for polling station 
 
 for the county [or borough] of 
 day of 
 
 THIRD SCHEDULE. 
 
 Provisions of Registration Acts referred to in Part III. of the foregoing Act 
 
 (sect. 24). 
 
 Session and 
 Chapter. 
 
 Title. 
 
 Part applied. 
 
 6 & 7 Vict. 
 c. 18. 
 
 As TO England. 
 
 The Parliamentary Voters Regis- Sections eighty-five to eighty-nine, 
 tration Act, 1843. both inclusive. 
 
 Navai Abtilleky Volunteer Act, 1873. 
 36 & 37 Vict. c. 77. 
 
 An Act to provide for the Establishment of a Royal Naval Artillery Volunteer 
 Force. [oth August 1873.] 
 
 As to memiers of House of Commons accepting commissions. 
 
 6. The acceptance of a comm.ission in the naval artillerj' volunteer force 
 by a member of the Commons House of Parliament shall not render his seat 
 vacant. 
 
298 APPENDIX ir. 
 
 Supreme Court of Judicature Act, 1875. 
 38 & 39 Vict. c. 77. 
 
 An Act to amend and extend the Supreme Court of Judicature Act, 1873. 
 
 [Uth August 1875.] 
 
 5. . . . No Judge of either of the said courts [the High Court of Justice, and 
 the Coui't of Appeal] shall be capable of being elected to or of sitting in the 
 House of Commons {g). 
 
 Parliamentary Elections (Returning Officers) Act, 1875. 
 38 & 39 Vict. c. 84. 
 
 An Act to regulate the Expenses and to control the Charges of Returning 
 Officers at Parliamentary Elections (s). [13th August 1873.] 
 
 Construction of Act ivith 35 (fe 36 Vict. c. 33. 
 
 1. The Ballot Act, 1872, as modified by this Act, and this Act shall be 
 construed as one Act. 
 
 This Act shall apply only to parliamentary elections. 
 
 Payments to returning officers, 
 
 2. The returning officer at an election shall be entitled to his reasonable 
 charges, not exceeding the sums mentioned in the Eirst Schedule to this Act, 
 in respect of services and expenses of the several kinds mentioned in the said 
 schedule, which have been properly rendered or incurred by him for the purposes 
 of the election. 
 
 The amount of such charges shall be paid by the candidates at the election m 
 equal several shares, or where there is only one candidate, by such candidate. 
 If a candidate is nominated without his consent, the persons by whom his 
 nomination is subscribed shall be jointly and severally liable for the share of 
 the charges for which he would be liable if he were nominated with his 
 consent. 
 
 A returning officer shall not be entitled to payment for any other services or 
 
 (^) See p. 3, supra. temporary duration, has been continued 
 
 (.s) This Act, which by s. 9 was of by the Expiring Laws Continuance Acts. 
 
STATUTES. RETURNING OFFICERS ACT, 1875. 299 
 
 expenses, or at any greater rates than as in the said schedule mentioned, anj- 
 law or usage to the contraiy notwithstanding (/i). 
 
 Returning officer may require deposit or security. 
 
 3. The returning officer, if he think fit, may, as herein-after provided, require 
 security to be given for the charges which may become payable under the 
 provisions of this Act in respect of any election (A). 
 
 The total amount of the security which may be required in respect of all the 
 candidates at an election shall not in any case exceed the sums prescribed in the 
 Third Schedule to this Act. 
 
 Where security is required by the returning officer it shall be apportioned and 
 given as follows ; viz., 
 
 (1) At the end of the two hours appointed for the election the retiu-ning 
 
 officer shall forthwith declare the number of the candidates who then 
 stand nominated, and shall, if there be more candidates nominated than 
 there are vacancies to be filled up, apportion equally among them the 
 total amount of the required security : 
 
 (2 ) Within one hour after the end of the two hours aforesaid, security shall 
 
 be given, by or in respect of each candidate then standing nominated, 
 for the amount so apportioned to him : 
 
 (3) If in the case of any candidate security is not given or tendered as herein 
 
 mentioned, he shall be deemed to be withdrawn within the provisions of 
 the Ballot Act, 1872 : 
 
 (4) A tender of security in respect of a candidate may be made by any person : 
 
 (5) Security may be given by deposit of any legal tender or of notes of any 
 
 bank being commonly current in the county or borough for which the 
 election is held, or, with the consent of the returning officer, in any 
 other manner : 
 
 (6) The balance (if any) of a deposit beyond the amount to which the 
 
 returning officer is entitled in respect of any candidate shall be repaid to 
 the person or persons by whom the deposit was made. 
 
 The accounts of a returning officer may he taxed (/). 
 
 4. Within twenty-one days after the day on which the return is made of the 
 persons elected at the election, the returning officer shall transmit to every 
 candidate or other person from whom he claims payment either out of any 
 deposit or otherwise of any charges in respect of the election, or to the agent for 
 election expenses of any such candidate, a detailed account showing the amounts 
 of all the charges claimed by the returning officer in respect of the election, and 
 the share thereof which he claims from the person to whom the account is trans- 
 mitted. He shall annex to the account a notice of the place where the vouchers 
 relating to the account may be seen, and he shall at all reasonable times, and 
 without charge, allow the person from whom payment is claimed, or any agent 
 of such person, to inspect and take copies of the vouchers. 
 
 The returning officer shall not be entitled to any charges which are not duly 
 included in his account {j). 
 
 If the person from whom paj'ment is claimed objects to any part of the claim, 
 he may, at any time within fourteen days from the time when the account is 
 transmitted to him, apply to the court as defined in this section for a taxation 
 of the account ; and the court shall have jurisdiction to tax the account in such 
 
 (/') See p. 14, supra. (J) See p. 14, mpfii. 
 
 (0 See Rules for Taxation, p. 30'i, infra. 
 
300 APPENDIX 11. 
 
 manner and at suoli time and place as the court thinks fit, and finally to deter- 
 mine the amount paj'able to the returning ofiicer and to give and enforce 
 judgment for the same as if such judgment were a judgment in an action in 
 such court, and with or without costs at the discretion of the court. 
 
 The court for the purposes of this Act shall be in the city of London the Lord 
 Mayor's Coiu't, and elsewhere in England the County Court(7i-), and in L-eland the 
 Civil Bill Court, having jiu'isdiction at the place of nomination for the election 
 to which the proceedings relate. 
 
 The court may depute any of its powers or duties under this Aet to the 
 registrar or other principal officer of the coui't. 
 
 Nothing in this section shall apply to the charge of the returning officer for 
 publication of accounts of election expenses. 
 
 Claims against a returning officer. 
 
 5. Every person having any claim against a returning officer for work, labour, 
 materials, services, or expenses, in respect of any contract made with him by or 
 on behalf of the returning officer for the purposes of an election, except for 
 publication of accounts of election expenses, shall, within fourteen days after 
 the day on which the return is made of the person or persons elected at the 
 election, transmit to the returning officer the detailed particulars of such claim 
 in writing, and the returning officer shall not be liable in respect of anything 
 which is not duly stated in such particulars. 
 
 Where application is made for taxation of the accounts of a retiu'ning (fflcer, 
 he may apply to the court as defined in this Act to examine any claim trans- 
 mitted to him b}' any person in pursuance of this section, and the court after 
 notice given to such person, and after hearing him, and any evidence tendered 
 by him, may allow or disallow, or reduce the claim objected to, with or without 
 costs, and the determination of the court shall be final for all purposes, and as 
 against all persons (k). 
 
 Use of ballot hoxes, &c., provided for municipal elections. 
 
 6. In any case to which the fourteenth section of the Ballot Act, 1872, is 
 applicable, it shall be the duty of the returning officer, so far as is practicable, 
 to make use of ballot boxes, fittings, and compartments provided for municipal 
 or school board elections, and the court, upon taxation of his accounts, shall 
 have regard to the provisions of this section (l). 
 
 Notices to be giren by returning officers. 
 
 7. There shall be added to every notice of election to be published under the 
 provisions of the Ballot Act, 1S72, the notification contained in the Second 
 Schedule to this Act with respect to claims against returning officers. 
 
 Saviiig of the Universities. 
 
 8. Nothing in this Act shall apply to an election for any university or 
 combination of universities. 
 
 (/s) See Eules for Ta.xation, p. .S05, (Z) See p. 26, sujira. 
 
 infra. 
 
STATUTES. RETURNING OFFICEES ACT, 1875. 301 
 
 SJiort title. 
 
 10. This Act may be cited for all purposes as " The Paiiiamentary Elections 
 (Eetui-mDg Officers) Act, 1875." 
 
 Not to apply to Scotland. 
 11. This Act shall not apply to Scotland. 
 
 SCHEDULES. 
 
 EIEST SCHEDULE. 
 
 Charges of EETURNiNa Officers. 
 
 The following are the maximum charges to be made by the returning officer, 
 but the charges are in no case to exceed the sums actually and necessarily paid 
 or payable. 
 
 Part I. — Counties and District oe Contributory Boroughs. 
 
 This Part of this Schedule applies to an election for a couidy, or for either of the 
 boroughs of Aylesbury, Gricldade, Monmouth, East Retford, Stroud, and New 
 Shoreham, or for any borough or burgh consisting of a combination of separate 
 boroughs, burghs, or towns. 
 
 For preparing and publishing the notice of election 
 For preparing and supplying the nomination papers 
 For travelling to and from the place of nomination, 
 
 or of declaring the poll at a contested election, per 
 
 mile. 
 For hire or necessary fitting up of rooms or buildings 
 
 for polling, or damage or expenses by or for use of 
 
 such rooms or buildings. 
 
 & s. d. 
 
 2 2 
 
 1 1 
 
 1 
 
 The necessary expenses, not 
 exceeding at any one poll- 
 ing station the charge for 
 constructing and fitting 
 a polling station. 
 
302 
 
 APPENDIX II. 
 
 For constructing a polling station, with its fittings and 
 compartments, in England. 
 
 And in Ireland the sum or sums payable under 
 the provisions of the 13th and 14th Victoria, 
 chap. 68, and 35th and 36th Victoria, chap. 33. 
 Tn Ireland the returning officer shall use a court house 
 where one is available as a polling station, and his 
 maximum charge for using and fitting the same 
 shall in no case exceed three pounds three shillings. 
 
 For each ballot box required to be purchased 
 
 P'or the use of each ballot box, when hired 
 
 For stationery at each polling station 
 
 For printing and providing ballot papers, per thousand . 
 
 For each stamping instrument 
 
 For copies of the register ..... 
 
 For each presiding officer («/) . ... 
 
 For one clerk at each polling station where not more 
 than 500 voters are assigned to such station. 
 
 For an additional clerk at a polling station for every 
 number of 500 voters, or fraction thereof beyond the 
 first 500 assigned to such polling station. 
 
 For every person employed in counting votes, not ex- 
 ceeding six such persons where the number of regis- 
 tered electors does not exceed 3,000, and one for every 
 additional 2,000 electors. 
 
 For making the return to the clerk of the Crown 
 
 For the preparation and publication of notices (^other 
 than the notice of election). 
 
 For conveyance of ballot boxes from the polling stations 
 to the place where the ballot papers are to be counted, 
 per mile. 
 
 For professional and other assistance in and about the 
 conduct of the election. 
 
 For travelling expenses of presiding officers and clerks, 
 
 per mile. 
 For services and expenses in relation to receiving and 
 
 publishing accounts of election expenses, in respect of 
 
 each candidate. 
 For all other expenses .... 
 
 £, s. d. 
 7 7 
 
 1 1 
 5 
 
 10 
 
 1 10 
 
 10 
 
 The sums payable by 
 statute for the necessary 
 copies. 
 
 3 3 
 
 1 1 
 
 1 1 
 
 1 1 (I 
 
 1 1 
 Not exceeding for the 
 whole of such notices 
 £20, and £1 for every 
 additional 1,000 electors, 
 above 3,000. 
 
 1 
 
 In a contested election not 
 exceeding £25, and an 
 additional .-£3 for every 
 1,000 registered electors 
 or fraction thereof above 
 3,000 and up to 10,000, 
 and £2 for every 1,000 
 or fraction thereof above 
 10,000. In an uncon- 
 tested election, one-fifth 
 of the above sums. 
 10 
 
 2 2 
 
 In a contested election, not 
 exceeding £10, and an 
 additional £1, for every 
 1,000 electors or fraction 
 thereof above 1,000. In an 
 uncontested election, nil. 
 
 Note. — Travelling expenses are not to be allowed in the case of any person unless 
 for distances exceeding two miles from the place at which he resides. 
 
 (m) See p. 32, sujrra. 
 
STATUTES. RETURNING OFFICERS ACT, 1875. 
 
 .303 
 
 PaET II. — BOBOTJGHS. 
 
 This Pari of the Schedule ajipliei to all boroughs not included in Part I. of this 
 
 Schedule. 
 
 For preparing and publishing the notice of election 
 For preparing and supplying the nomination papers 
 For hire or necessary fitting up of rooms or buildings 
 
 for polling, or damage or expenses by or for use of 
 
 such rooms or buildings. 
 
 In England, for constructing a polling station, with its 
 fittings and compartments, not exceeding two in 
 number. 
 For each compartment required to be constructed, 
 
 when more than two be used. 
 For the use of each compartment hired, when more 
 , than two are used. 
 
 And in Ireland, in lieu of the charges payable in 
 respect of the foregoing last three services, the 
 sum or sums payable under the provisions of 13th 
 and 14th Victoria, chap. G8, and 35th and 36th 
 Victoria, chap. 33. 
 For each ballot box required to be purchased 
 For the use of each ballot box, when hired 
 For stationery at each polling station 
 For printing and providing ballot papers per thousand 
 For each stamping instrument 
 For copies of the register 
 
 For each presiding officer . . . . . 
 
 For, one clerk at each polling station where not more 
 than 500 voters are assigned to such station. 
 
 For an additional clerk at a polling station for every 
 number of 500 voters, or fraction thereof beyond the 
 first 500 assigned to such station. 
 
 For every person employed in counting votes, not ex- 
 ceeding six such persons where the number of regis- 
 tered electors does not exceed 3,000, and one for every 
 additional 2,000 electors. 
 
 For making the return to the clerk of the Crown 
 
 For the preparation and publication of notices (other 
 than the notice of election). 
 
 For professional and other assistance in and about the 
 conduct of the election. 
 
 ;£ K. d. 
 
 2 2 (I 
 
 1 1 
 The necessary expenses, 
 not exceeding at any 
 one polling station the 
 charge for constructing 
 and fitting a polling 
 station. 
 
 7 7 
 
 1 1 
 5 
 
 1 1 
 5 
 
 10 
 
 1 10 
 
 10 
 
 The sums payable by 
 statute for the necessary 
 copies. 
 
 £ .1. d. 
 3 3 
 
 1 1 
 
 1 1 
 
 1 1 
 
 1 1 
 
 Not exceeding for the 
 whole of such notices 
 £10, and £1 for every 
 additional 1,000 electors 
 above 1,000. 
 
 In a contested election, not 
 exceeding £20, an addi- 
 tional £2 for every 1,000 
 registered electors or 
 fraction thereof above 
 1,000 and up to 10,000, 
 and £1 additional for 
 every 1,000 or fraction 
 thereof above 10,000. In 
 an uncontested election 
 one fifth of the above 
 sum. 
 
304 
 
 APPENDIX II. 
 
 For services and expenses in relation to receiving and 
 publishing accounts of election expenses, in respect 
 of each candidate. 
 
 For all other expenses 
 
 £ s. d. 
 1 1 
 
 Not exceeding £10, and an 
 additional £1 for every 
 1,000 electors above the 
 first 1,000. 
 
 Note to Parts I. and II. of Schedule I. 
 
 The above sums are the aggregate charges, the amount of which is to be apportioned 
 among the several candidates or other persons liable for the same. 
 
 SECOND SCHEDULE. 
 1. Notification to be added to the Notice of Election. 
 
 Take notice, tliat by tbe Parliamentary Elections (Returning Officers) Act, 
 1875, it is provided tbat every person having any claim against a returniag 
 officer for work, labour, materials, services, or expenses in respect of any eon- 
 tract made with him by or on behalf of the returning officer, for the purposes 
 of an election (except for publications of account of election expenses), shall, 
 within fourteen days after the day on which the return is made of the person or 
 persons elected at the election, transmit to the returning officer the detailed 
 particulars of such claim in writing, and the returning officer shall not be liable 
 in respect of anything which is not duly stated in such particulars. 
 
 THIRD SCHEDULE. 
 
 MAxniUM Amount of Seoxtmty which may be required by a Retuening 
 
 Officer. 
 
 
 County or District 
 
 
 
 or Contributory 
 Borough. 
 
 Borough. 
 
 
 £ 
 
 £ 
 
 Where the registered electors do not exceed 1,000 
 
 1.50 
 
 100 
 
 Where the registered electors exceed 1,000 but do 
 
 200 
 
 150 
 
 not exceed 2,000. 
 
 
 
 Where the registered electors exceed 2,000 but do 
 
 275 
 
 200 
 
 not exceed 4,000. 
 
 
 
 Where the registered electors exceed 4,000 but do 
 
 400 
 
 250 
 
 not exceed 7,000. 
 
 
 
 Where the registered electors exceed 7,000 but do 
 
 550 
 
 300 
 
 not exceed 10,000. 
 
 
 
 Where the registered electors exceed 10,000 but 
 
 700 
 
 450 
 
 do not exceed 15,000. 
 
 
 
 Where the registered electors exceed 1.5,000 but 
 
 800 
 
 500 
 
 do not exceed 20,000. 
 
 
 
 Where the registered electors exceed 20,000 but 
 
 900 
 
 600 
 
 do not exceed 30,000. 
 
 
 
 Where the registered electors exceed 30,000 
 
 1,000 
 
 700 
 
 If at the end of the two hours appointed for the election, not more candidates stand 
 nominated than there are vacancies to be filled up, the maximum amount which may 
 be required is [one fifth of the maximum according to the above scale.] (t) 
 
 (0 The words in brackets, by 48 & 49 Vict. c. 62, s. 2, should now be read as 
 £25, 2'0-'<t. 
 
ORDER FOR TAXATION OF CHARGES OF RETURNING OFFICERS. 305 
 
 Order tor Taxation of CnAEOES or Eetuening Oiticees (a). 
 
 1. An application to the Coxixt to tax charges of any returning officer in 
 respect of any election, under the Parliamentary Elections (Returning Officers) 
 Act, 1875, or any Act applying to the said Act, or under any other Act providing 
 for the taxation by the Court of costs of election, shall be made in writing 
 according to the statutory form (see rorm_ 41 in Appendix VI., p. 430, infra), 
 and shall state on whose behalf the application is made, and shall contain a 
 submission on the part of the applicant to pay what shall be found to be due on 
 taxation (6). 
 
 2. On receipt of such application the Court shall fix a place and time for pro- 
 ceeding with such taxation, and the registrar shall issue to the bailififor service 
 on the applicant and the officer whose account is to be taxed a notice according 
 to the statutory form (Form 42 in Appendix VI., p. 431, infra), signed by the 
 registrar himself, and under the seal of the Court, stating the place, day, and 
 hour at and on which the taxation will be proceeded with, and requiring the 
 parties to attend and produce documents and be examined, and warning them 
 that if they do not attend in person or by their solicitors such order will be made 
 and such proceedings taken as to the Court shall seem just (c). 
 
 3. Where application is made for taxation of the charges of a returning 
 officer, and such officer applies to the Court to examine any claim transmitted 
 to him by any person pursuant to sect. 5 of the Parliamentary Elections 
 (Returning Officers) Act, 1875, or any Act applying the said section, such 
 application shall be in writing according to the statutory form (Form 44 in 
 Appendix VI., p. 431, infra), and shall contain a submission on the part of the 
 applicant to pay what shall be found due on examination (d). 
 
 4. On receipt of any such application, the Court shall fix a place and time 
 for such examination, which shall take place before the taxation of the charges 
 of the returning officer is concluded, and such taxation shall, if necessary, be 
 adjourned until such examination has been completed. The registrar shall 
 issue to the bailiif for service on the returning officer and the person by whom 
 the claim was transmitted to the returning officer a notice according to the 
 statutory form (Form 45 in Appendix VI., p. 431, infra), signed by the registrar 
 himself, and under the seal of the Court, stating the place, day, and hour at and 
 on which such examination will be proceeded with, and requiring the parties to 
 attend and produce documents and be examined, and warning them that if they 
 do not attend in person or by their solicitors, such order will be made and such 
 proceedings taken as to the Court shall seem just(e). 
 
 0. The bailiff shall serve all copies of such notices as hereinbefore mentioned, 
 ten clear days at least before the day fixed for any taxation or examination (/). 
 
 6. Unless by consent, or otherwise ordered, oral evidence only shall be 
 admitted on such taxation or examination [g). 
 
 7. The order made on any taxation or examination shall determine the 
 amount payable to or by the returning officer, and shall contain directions as to 
 fees and costs, and as to the addition to the sum allowed to any party of any 
 costs adjudged to be paid to him, or the set-off against such sum of any costs 
 adjudged to be paid by him, and as to the payment of the balance ascertained 
 to be due-from any party to any other, and the application of any sum deposited 
 by any party to the proceeding with the returning officer as security for his 
 
 (a) Order XLIII. of the County Court (p) Rule 2. 
 
 Rules for 1903, made pursuant to the (d) Rule 3. 
 
 HetuniingOflaceisAct,1875,andtheLocal (e) Rule -t. 
 
 Government Act, 1888, s. 75, sub-s. 19. (/) Rule 5, altered. 
 
 (*) Order XXXVIIIb., Rule 1, April, {a) Rule 6. 
 1895. ' r > 
 
 L.B. X 
 
306 APPENDIX 11. 
 
 charges, or advanced to the returning oflficer on account of his charges ; and 
 such order shall be according to such of the statutory forms (Forms 43 and 46 in 
 Appendix VI., pp. 430 and 433, infra) as shall be applicable to the case, with 
 such variations as circumstances may require (7t). 
 
 8. The certificate to be delivered under sect. 1 of the Parliamentary 
 Elections (Eeturniag Officers) Act, 1875, Amendment Act, 1886, shall be 
 according to the statutory form (Form 47 in Appendix VI.) (i). 
 
 The Pabliamentary Elections ai^d Coeeupt Peactices Act, 1879. 
 
 42 & 43 Vict. c. 75. 
 
 An Act to amend and continue the Acts relating to Election Petitions, and to 
 the prevention of Corrupt Practices at Parliamentary Elections. 
 
 [loth August 1879.] 
 
 Short Title. 
 
 1. This Act may be cited as the Parliamentary Elections and Corrupt Practices 
 Act, 1879. 
 
 Trial of election petition to he conducted hefore two judges. 
 
 S. The trial of every election petition and the hearing of an application for 
 the withdrawal of an election petition shall be conducted before two judges 
 instead of one, and the Parliamentary Elections Act, 1868, shall be construed 
 as if for the purpose of hearing and determining the petition at the trial and of 
 hearing and determining any application for the withdrawal of an election 
 petition two judges were mentioned, and additional judges shall, if necessary, 
 be placed on the rota accordingly. 
 
 Every certificate and every report sent to the Speaker in pursuance of the 
 said Act shall be under the hands of both judges, and if the judges differ as to 
 whether the member whose return or election is complained of was duly 
 returned or elected they shall certify that difference, and the member shall be 
 deemed to be duly elected or returned ; and if the judges determine that such 
 member was not duly elected or returned, but differ as to the rest of the deter- 
 mination, they shall certify that difference, and the election shall be deemed to 
 be void ; and if the judges differ as to the subject of a report to the Speaker, 
 they shall certify that difference and make no report on the subject on which 
 they so differ. 
 
 Save as aforesaid, any order, act, application, or thing for the purposes of the 
 said Act may continue to be made or done by, to, or before one judge. The 
 expenses incident to the sitting of two judges shall be defrayed as the expenses 
 of one judge are payable under the provisions of the said Act (k). 
 
 Aemt Act. 
 44 & 45 Vict. c. 58. 
 
 Officers not to he sheriffs or mayors. 
 
 146. A person who is commissioned and in full pay as an officer in Her 
 Majesty's regular forces shall not be capable of being nominated or elected to 
 
 (h) Eule 7. (k) See p. 209, supra. 
 
 (t) New. 
 
STATUTES. SUPREME COURT OP JUDICATURE ACT, 1881. 307 
 
 be sheriff of any county, borough, or other place, or to be mayor or alderman 
 of, or to hold any office in, any municipal corporation in any city, borough, or 
 place in the United Kingdom. 
 
 Modification of Act irith respect to auxiliary forces. 
 
 181. — (5.) The competence or liability of an officer of the auxiliary forces to 
 be nominated or elected to, or to hold the office of sheriff, mayor, or alderman, 
 or an office in a municipal corporation, shall not be affected by reason of the 
 battalion or ooi-ps to which he belongs being assembled for annual training at the 
 time of such nomination or election, or during the time of his tenure of office. 
 
 Supreme Court of Judicature Act, 18S1. 
 
 44 & 45 Vict. c. 68. 
 Selection of judges for trial of election petitions. 
 
 13. The judges^to be placed on the rota for the trial of election petitions in 
 England in each year, under the provisions of the Parliamentary Elections Act, 
 1868, or any Act amending the same, shall thenceforth be selected out of tlie 
 judges of the Queen's Bench Division of the High Court of Justice in such 
 manner as may be provided by any Rules of Court to be made for that purpose ; 
 and, subject thereto, shall be selected as follows ; (that is to say,) the judges of 
 the Queen's Bench Division of the said High Coui-t shall, on or before the 
 fourth day of November in every year, select, by a majority of votes, three of 
 the puisne judges of such Division (none of whom shall be a member of the 
 House of Lords) to be placed on the rota for the trial of election petitions 
 during the ensuing year. 
 
 If in any case the judges of the said Division, present at the time of their 
 meeting to make such selection, are equally divided in their choice of any judge 
 to be placed on the rota, the Lord Chief Justice of England, or, in case of his 
 absence, the senior judge then present, shall have a second or casting vote. 
 
 The choice of a judge to fill any occasional vacancy upon the rota, or to assist 
 the j,udge on the rota as an additional judge, shall be made in like manner. 
 
 TSie judges, who at the time of the passing of this Act shall be upon the rota 
 for the trial of election petitions, shall continue upon such rota until the end of 
 the year for which they have been appointed, in the same manner as if this Act 
 had not passed; 
 
 If at the end of the year for which any such judge shall have been appointed, 
 whether before or alter the passing of this Act, any trial or other matter shall 
 be pending before him, either alone or together with any other judge, and not 
 concluded, or if, after the conclusion of any such trial or of the hearing of any 
 such matter, judgment shall not have been given thereon, it shall be lawful for 
 every such judge to proceed with and to conclude such pending trial pr other 
 matter, and to give judgment thereon, after the end of such year, in the same 
 manner in all respects as if the year for which he was appointed had not 
 expired (a;). 
 
 Jurisdiction of High Court in registration and election cases. 
 
 14. The jurisdiction of the High Court of Justice to decide questions of law, 
 upon appeal or otherwise, under the Act of the sixth and seventh years of Her 
 Majesty, chapter eighteen, the County "Voters Registration Act, 1865, the 
 Parliamentary Elections Act, 1868, the Corrupt Practices (Mhinicipal Elections) 
 Act, 1872, the Parliamentary and Municipal Registration Act, 1878, or any of 
 the said Acts, or any Act amending the same respectively, shall henceforth be 
 final and conclusive, unless in any case it shall seem fit to the said High Court 
 to give special leave to appeal therefrom to Her Majesty's Court of Appeal, 
 whose decision in such case shall be final and conclusive (xx). 
 
 (x) See p. 209, supra. preliminary to an election petition, see Harmon v. 
 
 (ra) As to amendment of petition see S!mw v. Park (1881), 6 Q. B. D. 323, followed in Mankstcdl 
 
 Keckitt, [189S1 2 Q. B. 69. This section creates an v. 'niom/pson, [1898] 1 Q. B. 853. Appeal from 
 
 absolute finality of decision, where leave is not refusal to take a petition olf the file lies to a 
 
 granted (Viimn v. MeMuUen, [1891] 1 Q, B. 694). Divisional Court (Pope v. Bruton (1900), 17 Times 
 
 When the matter appealed from is entirely Rep. 182 ; O. 59, r. 1). 
 
 X 2 
 
308 APPENDIX II. 
 
 The Municipal Cokpoeations Act, 1882. 
 
 45 & 46 Vicr. c. 50. 
 
 Part VIII. — Administration op Justice. 
 
 Recorder, 
 
 163. — (6.) He shall not, during his office, he eligible to serve in Parliament 
 for the borough, or be an alderman, councillor, or stipendiary m.agistrate of the 
 borough ; but he may be appointed revising barrister for the borough, and shall 
 be eligible to serve in Parliament except for the borough (x). 
 
 Returning officers at parliamentary elections. — Mayors of certain boroughs to 
 ie returning officers in parliamentary elections. 
 
 244. — (1.) In boroughs, other than cities and towns being counties of them- 
 selves, the mayor shall be the returning officer at parliamentary elections ; but 
 this provision shall not extend to the borough of Berwick-upon-Tweed. 
 
 (2.) If there are more mayors than one within the boundaries of a parlia- 
 mentary borough, the mayor of that borough to which the writ of election is 
 directed shall be the returning officer. 
 
 (3.) If when a mayor is required to act as returning officer the mayor is 
 absent, or incapable of acting, or there is no mayor, the council shall forthwith 
 choose an alderman to be returning officer (y). 
 
 Corrupt and Illegal Practices Prevention Act, 1883 (z). 
 46 & 47 Vict. c. 51. 
 
 An Act for the better prevention of Corrupt and Illegal Practices at Parlia- 
 mentary Elections. [25th August 1883.] 
 
 Corrupt practices. — What is treating. 
 
 1. Whereas under section four of the Corrupt Practices Prevention Act, 1854, 
 persons other than candidates at Parliamentary elections are not liable to any 
 punishment for treating, and it is expedient to make such persons liable ; be it 
 therefore enacted in substitution for the said section four as f oUows : — 
 
 (1.) Any person who corruptly by himself or by any other person, either 
 before, during, or after an election, directly or indirectly gives or pro- 
 vides, or pays wholly or in part the expense of giving or providing, 
 any meat drink entertainment or provision to or for any person, for the 
 purpose of corruptly influencing that person or any other person to 
 give or refrain from giving his vote at the election, or on account of 
 such person or any other person having voted or refrained from voting, 
 or being about to vote or refrain from voting at such election, shall be 
 guilty of treating (ci). 
 
 (2.) And every elector who corruptly accepts or takes any such meat drink 
 entertainment or provision shall also be guilty qi treating [a). 
 
 What is undue influence. 
 
 2. Every person who shall directly or indirectly, by himself or by any other 
 person on his behalf, make use of or threaten to make use of any force, 
 violence, or restraint, or inflict or threaten to inilict, by himself or by any other 
 person, any tempoi'al or spii'itual injury, damage, harm, or loss upon or against 
 any person in order to induce or compel such person to vote or refrain from 
 voting, or on account of such person having voted or refrained from voting at 
 any election, or who shall by abduction, duress, or any fraudulent device or 
 contrivance, impede or prevent the free exercise of the franchise of any elector, 
 or shall thereby compel, induce, or prevail upon any elector either to give or 
 
 See p. i, supra. 170, 172, 174, 176, 179, 181, 185, 188, 190, 
 
 See p. 11, supra. 197, 215, 216, 218, 222, supra. 
 
 See pp. 55, 58, 71, 135, 153, 165, 166, («) See p. 106, supra. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 309 
 
 to refrain from giving his vote at any election, shall be guilty of undue 
 influence (z). 
 
 What is corrupt practice. 
 
 3. The expression " corrupt practice " as used in this Act means any of the 
 following ofiences; namely, treating and undue influence, as defined by this 
 Act, and bribery, and personation, as defined by the enactments set forth in 
 Part m. of the Third Schedule to this Act, and aiding, abetting, counselling, 
 and procuring the commission of the offence of personation, and every ofienoe 
 which is a corrupt practice within the meaning of this Act shall be a corrupt 
 practice within ttie meaning of the Parliamentary Elections Act, 1868 (a). 
 
 Punishment of candidate found, on election petition, guilty personally of corrupt 
 
 practices. 
 
 4. Where upon the trial of an election petition respecting, an election for a 
 county or borough the election court, by the report made to the Speaker in pur- 
 suance of section eleven of the Parliamentary Elections Act, 186S, reports that 
 any Corrupt practice other than treating or undue influence has been proved to 
 have been committed in reference to such election by or with the knowledge 
 and consent of any candidate at such election, or that the offence of treating or 
 undue influence has been proved to have been committed in reference to such 
 election by any candidate at such election, that candidate shall not be capable 
 of ever being elected to or sitting in the House of Commons for the said county 
 or borough, and if he has been elected, his election shall be void ; and he shall 
 further be subject to the same incapacities as if at the date of the said report 
 he had been convicted on an indictment of a corrupt practice (i). 
 
 Punishment of candidate found, on election 'jn-illiou, (juilty hy ar/ents of corrupt 
 
 jiradices. 
 
 5. Upon the trial of an election petition respecting an election for a county 
 or borough, in which a charge is made of any corrupt practice having been 
 committed in reference to such election, the election court shall report in 
 writing to the Speaker whether any of the candidates at such election has been 
 guilty by his agents of any corrupt practice in reference to such election ; and 
 if the report is that any candidate 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 (c). 
 
 Punishment of person convicted on indictment of corrupt practices. 
 
 6. — (1.) A person who commits any corrupt practice other than personation, or 
 aiding, abettmg, counselling, or procuring the commission of the offence of 
 personation, shall be guilty of a misdemeanor, and on conviction on indictment 
 shall be liable to be imprisoned, with or without hard laboui-, for a term not 
 exceeding one year, or to be fined anj"- sum not exceeding two hundred pounds [d) . 
 
 (2.) A person who commits the offence of personation, or of aiding, abetting, 
 counselling, or procuring the commission of that offence, shall be guiltj' of 
 felony, and any person convicted thereof on indictment shall be punished by 
 impnsonment for a term not exceeding two years, together with hard labour (e). 
 
 (3.) A person who is convicted on indictment of any corrupt 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 ofiice within the meaning of this Act ; or 
 
 (b) of holding any public or judicial ofiice within the meaning of this Act, 
 and if he holds any such office the office shall be vacated (/). 
 
 (d) Sec pp. 106, 188, mpra 
 
 (e) See p. 135, svpra. 
 
 (/) See pp. 47, ISS, xiipru. 
 
310 APPENDIX II. 
 
 (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 conviction (d). 
 
 Illegal practices. ^Oertain expenditure to be illegal practice. 
 
 7. — (1.) No payment or contract for payment shall, for the purpose of 
 promoting or procuring the election of a candidate at any election, be made — 
 
 (a) on account of the conveyance of electors to or from the poU, -whether for 
 
 the hiring of horses or carriages, or for railway fares, or otherwise ; or 
 
 (b) 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 accoimt 
 of the exhibition of any address, bill, or notice ; or 
 
 (c) on account of any committee room in excess of the number allowed by the 
 
 First Schedule to this Act (e). 
 
 (:*.) Subject to such exception as may be allowed in pursuance of this Act, 
 if any payment or contract for payment is knowingly made in contravention of 
 this section either before, during, or after an election, the person making such 
 payment or contract shall be guilty of an illegal practice, and any person 
 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 (/). 
 
 (3.) Provided that where it is the ordinary business of an 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 (g). 
 
 Expense in excess of maximum to he illegal pjractice. 
 
 8. — (1.) Subject to such exception as maybe allowed 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 agent, whether before, during, or after an election, on 
 account of or in respect of the conduct or management of such election, in excess 
 of any maximum amount in that behalf specified in the first 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 [g]. 
 
 Voting h?j prohibited persons and publishing of false statements of 
 withdrawal to be illegal. 
 
 9. — (1.) If any person votes or induces or procures any person to vote at any 
 election, knowing that he or such person is prohibited, whether by this or any 
 other Act, from voting at such election, he shall be guilty of an illegal practice. 
 
 (2.) Any person who before or during an election knowingly publishes a false 
 statement of the withdrawal of a candidate at such election for the purpose of 
 promoting or procuring the election of another candidate shall be guilty of an 
 illegal practice. 
 
 (3.) Provided that a candidate shall not be liable, nor shall his election be 
 avoided, for any illegal practice under this section committed by his agent 
 other than his election agent {/»). 
 
 Punishment on conciciiun of illegal practice. 
 
 10. A person guilty of an illegal practice, whether under the foregoing 
 sections or under the provisions hereinafter contained in this Act, shall on 
 summary conviction be liable to a fine not exceeding one hundred pounds and 
 be incapable during a period of five years from the date of his conviction of bemg 
 
 iS) See pp. i, 5, 188, supra. (r/) See p. 144, supra. 
 
 («) See pp. 141, 142, 143, 178, 206, svpra. Oo See pp. n, 53, 153, 154, supra. 
 
 (/) See pp. 141 — 142, siqmi. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 311 
 
 registered as an elector or voting at any election (whether it be a parliamentarj'- 
 election or 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 (i). 
 
 Report of election court respecting illegal practice, and punishment of candidate 
 found guilty by such report. 
 
 11. Whereas by sub-section fourteen of section eleven of the Parliamentary 
 Elections Act, 1868, it is provided that where a charge is made in an electioii 
 petition of any corrupt practice having been committed at the election to which 
 the petition refers, the judge shall report in writing to the Speaker as follows : — 
 
 (a) " Whether any corrupt practice has or has not been proved to have been 
 
 committed by or with the knowledge and consent of any candidate at 
 such election, and the nature of such corrupt practice ; 
 
 (b) " The names of all persons, if any, who have been proved at the trial to 
 
 have been guilty of any corrupt practice ; 
 
 (o) " Whether corrupt practices have, or whether there is reason to believe 
 corrupt practices have, extensively prevailed at the election to which 
 the petition relates " : 
 
 And whereas it is expedient to extend the said sub-section to illegal practices : 
 
 Be it therefore enacted as follows : — 
 
 Sub-section fourteen of section eleven of the Parliamentary Elections Act, 
 1868, shall apply as if that sub-section were herein re-enacted with the sub- 
 stitution 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 
 consent of any candidate at such election, that candidate shall not be 
 capable of being elected to or sitting in the House of Commons for the 
 said county or borough for seven years next after the date of the report, 
 and if he has been elected his election shall be void ; and he shall 
 further be subject to the same incapacities as if at the date of the report 
 he had been convicted of such illegal practice ; and 
 
 (b) If the report is that a candidate at such election has been guilty by his 
 
 agents of a^y illegal practice in reference to such election, that candidate 
 shall not be capable of being elected to or sitting in the House of 
 Commons for the said county or borough during the Parliament for 
 which the election was held, and if he has been elected, his election 
 shall be void(y). 
 
 Extension of 15 & 16 Vict. c. 57, respecting election commissioners to 
 illegal practices, 
 
 12. Whereas by the Election Commissioners Act, 1852, as amended by the 
 Parliamentary Elections Act, 1868, it is enacted that where a joint address of 
 both Houses of Parliament represents to Her Majesty that an election court 
 has reported to the Speaker that corrupt practices have, or that there is reason to 
 behove that corrupt practices have, extensively prevailed at an election in any 
 county or borough, and prays Her Majesty to cause inquiry under that Act to 
 bo made by persons named in such address (being qualified as therein men- 
 tioned), it shall be lawful for Her Majesty to appoint the said persons to be 
 election commissioners for the purpose of making inquiry into the existence of 
 such corrupt practices : 
 
 (i) See pp. 63, 190, supra. (j) See vp- 5, 53, 19 ), 220, siqtra. 
 
312 APPENDIX 11. 
 
 And whereas it is expedient to extend the said enactments to the case of 
 illegal practices : 
 
 Be it therefore enacted as follows : — 
 
 When election commissioners have been appointed in pursuance of the 
 Election Commissioners Act, 1852, and the enactments amending the same, 
 they may make inqmries and act and report as if " corrupt practices" in the 
 said Act and the enactments amending the same included illegal practices ; and 
 the Election Commissioners Act, 1852, shall be construed with such modifica- 
 tions as are necessary for giving effect to this section, and the expression 
 " corrupt practice " in that Act shall have the same meaning as in this Act. 
 
 Illegal payment, emjiloyment, and liiring. — Providing of money for illegal 
 practice or payment to be illegal payment, 
 
 13. Where a person knowingly provides money for any paj'ment which is 
 contrary to the provisions of this Act, or for any expenses incurred in excess of 
 any maximum amount allowed by this Act, or for replacing any money expended 
 in any such payment or expenses, except where the same may have been 
 previously allowed in pursuance of this Act to be an exception, such person 
 shall be guilty of illegal payment {k). 
 
 Employment of hackney carriages, or of carriages and horses kept for hire. 
 
 14.— (1.) A person shall not let, lend, or employ, for the purpose of the 
 conveyance of electors to or from the poll, any public stage or hackney carriage, 
 or any horse or other animal kept or used for drawing the same, or any carriage, 
 horse, or other animal which he keeps or uses for the purpose of letting out for 
 hire, and if he lets, lends, or employs such carriage, 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 poll any carriage, horse, or other animal which he 
 knows the owner thereof is prohibited by this section to let, lend, or employ for 
 that purpose, and if he does so he shall be guilty of an illegal liiring. 
 
 (3.) Nothing in this Act shall prevent a carriage, horse, or other animal, being 
 let to or hired, employed, or used by an elector, or several electors at their joint 
 cost, for the purpose of being conveyed to or from the poU. 
 
 (4.) No person shall be liable to pay any duty or to take out a licence for any 
 carriage by reason only of such carriage being used without payment or promise 
 of payment for the conveyance of electors to or from the poU at an election il). 
 
 Corrupt loithdrawal from a candidature, 
 
 15. Any person who corruptly induces or procures any other person to with- 
 draw from being a candidate at an election, in consideration of any payment or 
 promise of payment, shall be guilty of illegal payment, and any person with- 
 drawing, in pursuance of such inducement or procurement, shall also be guilty 
 of illegal payment (m). 
 
 Certain expenditure to he illegal payment. 
 
 16.— (1.) No payment or contract for payment shall, for the purpose of pro- 
 moting or procuring the election of a candidate at any election, be made on 
 account of bands of music, torches, flags, banners, cockades, ribbons, or other 
 marks of distinction. 
 
 (2.) Subject to such exception as may be allowed in pursuance of this Act, if 
 any pajinent or contract for payment is made in contravention of this section, 
 either before, duiing, or after an election, the person making such payment 
 shall be guilty of illegal payment, and any person being a party to any such 
 
 (70 See p. 105, ra^M'a. ?h) See p. 165, .«!y^ra. 
 
 (0 Pee p. 177, siiitru. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 313 
 
 contract or receiving Buch payment shall also be guilty of illegal payment if 
 he knew that the same was made contrary to law (w). 
 
 Certain employment to Tje illegal. 
 
 17. — (1.) No person shall, for the purpose ofi promoting or procuring the 
 election of a candidate 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 Krst 
 Schedule to this Act, or except so far as payment is authorised by the first or 
 second parts of the First Schedule to this Act. 
 
 (2.) Subject to such exception as may bo allowed in pursuance of this Act, if 
 any person is engaged or employed in contravention of this section, either 
 before, during, or after an election, the person 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 (o). 
 » 
 Name and address of printer on placards, 
 
 18. Every bill, 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 bill, placard, or poster as aforesaid, 
 which fails to bear upon the face thereof the name and address of the printer 
 and publisher, shall, if he is the candidate, or the election agent of the 
 candidate, be guilty of an illegal practice, and if he is not the candidate, or the 
 election agent of a candidate, shall be liable on summary conviction to a fine not 
 exceeding one hundred pounds (p). 
 
 Saving for creditors, 
 
 19. The provisions of this Act isrohibiting certain payments and contracts for 
 payments, and the payment of any sum, and the incurring of any expense in 
 excess of a certain maximum, shall not affect the right of any creditor, who, 
 when the contract was made or the expense was inciu-red, was ignorant of the 
 same being in contravention of this Act (7). 
 
 Use of committee room in house for sale of ■intoxicating liquor or refreshment, or 
 in elementary school, to be illegal hiring. 
 
 20. — (a) Any premises on which the sale by wholesale or retail of any 
 intoxicating liquor is authorised by a licence (whether the licence be for 
 consumption on or off the premises), or 
 
 (b) Any premises where any intoxicating liquor is sold, or is supplied to 
 members of a club, societj', or association other than a permanent political 
 club, or 
 
 (c) Any premises whereon refreshment of any kind, whether food or drink, is 
 ordinarily sold for consumption on the premises, or 
 
 (d) 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 procur- 
 ing the election of a candidate at an election, and if any person hires or uses 
 any such premises or any part thereof for a commitee room he shall be guilty 
 of illegal hiring, and the person letting such premises or part, if he knew it 
 was intended to use the same as a committee room, shall also be guilty of iUegal 
 hiring; 
 
 Provided that nothmg 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 
 
 . («) See pp. 165, 168, 169, supra. (^) See p. 175, supra. 
 
 (0) See pp. 171—172, 173, sujjra. (y) See pp. 6, 15;i, mqn-a. 
 
314 APPENDIX 11. 
 
 direct communication with any part of the premises on ■which any intoxicatino 
 liquor or refreshment is sold or supplied as aforesaid (r). 
 
 Punishment of illegal payment, employment, or luring. 
 
 SI. — (1.) A person guilty of an offence of illegal payment, employment or 
 hiring shall, on summary conviction, be liable to a fine not exceeding one 
 hundred pounds (rr). 
 
 (2.) A candidate or an election agent of a candidate who is personally guilty 
 of an offence of illegal payment, employment, or hiring shall be guilty of an 
 illegal practice (s). 
 
 Excuse and exception for corrupt or illegal practice or illegal payment, employ- 
 ment, or hiring. — Report exonerating candidate in certain cases of corrupt and 
 illegal practice by agents. 
 
 22. Where, upon the trial of an election petition respecting an election for a 
 county or borough, the election court report that a candidate at such election 
 has been guilty by his agents of the offence of treating and undue influence, 
 and illegal practice, or of any of such offences, in reference to such election, 
 and the election court further report that the candidate has proved to the com-t — 
 
 (a) That no corrupt or illegal practice was committed at such election by the 
 
 candidate or his election agent and the offences mentioned in the said 
 report were committed contrary to the orders and without the sanction 
 or connivance of such candidate or his election agent ; and 
 
 (b) That such candidate and his election agent took all reasonable means 
 
 for preventing the commission of corrupt and illegal practices at such 
 election ; and 
 
 (c) That the offences mentioned in the said report were of a trivial, unim- 
 
 portant, and limited character ; and 
 
 (d) That in all other respects the election was free from any corrupt or illegal 
 
 practice on the part of such candidate and of his agents ; 
 then the election of such candidate shall not, by reason of the offences men- 
 tioned in such report, be void, nor shall the candidate be subject to any incapacity 
 under this Act {t). 
 
 Power of High Court and election court to except innocent 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 pay- 
 ment, engagement, 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 (a) ; and 
 
 (b) that such act or omission arose from inadvertence or from accidental mis- 
 
 calculation or from some other reasonable cause of a like natui'e, and in 
 any case did not arise from any want of good faith();) ; and 
 (o) 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 (v); 
 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'Sict or omission, 
 the court may make an order allowing such act or omission to be an exceptioQ 
 from the provisions of this Act which would otherwise make the same an illegal 
 practice, payment, employment, or hiring, and thereupon such candidate, agent, 
 or person shall not be subject to any of the consequences vmder this Act of the 
 said act or omission. 
 
 (r) See p. 61, supra. (t) Sec pp. 142, 179, 180, xiipni. 
 
 (n-^Heo p. I'JO, -mpra. (?(,) See pp. 107, 179, 180, 181, aipra. 
 
 (.«) See p. (J, siqim. (/■) ,Sce p. 183, supra. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 315 
 
 Election expenses. — Nomination of election agent. 
 
 24. — (1.) On or before the day of nomination at an election, a person shall 
 1)0 named by or on behalf of each candidate as 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 ofBcer 
 shall forthwith give public notice of the name and address of every election 
 agent so declared. 
 
 (4.) One election agent only shall be appointed for each candidate, but 
 the appointment, whether the election agent appointed be the candidate him* 
 self 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 forthwith 
 another election agent shall be appointed, and his name and address declared 
 in writing to the returning officer, who shall forthwith give public notice of 
 the same (»). 
 
 Nomination of deputy election cKjent as suh-ayent. 
 
 35.— (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 number 
 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 anything done for the purposes of this Act by 
 or to the sub-agent in his district shall be deemed to be done by or to the elec- 
 tion 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 ^Vct, shall be an 
 illegal practice and offence against this Act committed by the sub-agent, and 
 the sub-agept 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 retui-ning officer, and the 
 returning officer shall forthwith give public notice of the name and address of 
 every sub-agent so declared. 
 
 (4.) The appointment of a sub-agent shall not be vacated by the election agent 
 who appointed him ceasing to be election agent, but may bo revoked by the 
 election agent for the time being of the candidate, and 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 shall be forthwith declared in writing to the returning 
 officer, who shall forthwith give public notice of the same (y). 
 
 Office of election ayent and suh-ayent. 
 
 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 tho 
 agent (z). 
 
 (2.) Any claim, notice, writ, summons, or document delivered at such office 
 or place and addressed to the election agent or sub-agent, as the case may be, 
 shall be deemed to have been served on him, and every such agent may in 
 
 (») See pp. .53, 54, ."..">, xiqim. (-) Sec pp. 56, .'iT, ."jS— j",l, siqtra. 
 
 (y) See pp. 57, 58, 154, supra. 
 
316 APPENDIX II. 
 
 respect of any matter connected with tlie election in which he is acting be sued 
 in any court having jurisdiction in the county or borough in which the said 
 office or place is situate (z). 
 
 Making of contracts through ejection agent. 
 
 27. — (1.) The election agent of a candidate by himself or by his sub-agent 
 shall appoint every polling agent, clerk, and messenger employed for payment 
 on behalf of the candidate at an election, and hire every committee room hired 
 on behaH of the candidate (n). 
 
 (2.) A contract whereby any expenses are incurred on 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 
 election agent, either by himself or by his sub-agent ; provided that the 
 inability under this section to enforce such contract against the candidate shall 
 not relieve the candidate from the consequences of any corrupt or illegal 
 practice having been committed by his agent {a). 
 
 Payment of e.r2ieiises through election agent. 
 
 28. — (1.) Except as permitted by or in pursuance of this Act, no payment 
 and no advance or deposit shall be made by a candidate at an election or by any 
 agent on behalf of the candidate or by any other person at any time, whether 
 before, during, or after such election, in respect of any expenses incurred on 
 account of or in respect of the conduct or management of such election, other- 
 wise than by or through the election agent of the candidate, whether acting in 
 jjerson or by a sub-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 seoiu'ity 
 to or any paj-ment by the returning officer or to any sum disbursed bj' any 
 person out of his own money for any small expense legally incurred by himself, 
 if such sum is not repaid to him. 
 
 (12.) A person who makes any payment, advance, or deposit in contravention 
 of this section, or pays in contravention of this section any money so provided 
 as aforesaid, shall be guilty of an illegal practice (6). 
 
 Period for sending in claims and making payments for election expenses. 
 
 29. — (1.) Every payment made bj- an election agent, whether by himseK or 
 a sub-agent, in respect of any expenses incurred on account of or in respect of 
 the conduct or management of an election, shall, except w hen less than fort y 
 shilliiigs, be vouched for bj"- a bill stating the particulars and. by a receipt ^c). 
 
 (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 election which is not sent in to the election agent within 
 the time limited by this Act shall be barred and shall not be paid ; and, subject 
 to such exception as may be allowed in pursuance of this Act, an election agent 
 who pays a claim in contravention of this enactment shall be guilty of an illegal 
 practice (d). 
 
 (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 (rf). 
 
 (4.) All expenses incui-red 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 contravention of this provision shall be 
 guilty of an illegal practice (e). 
 
 (.-) Sec pp. ')ti, 57, 58 — 59, xvjmi. (<■) See p. 156, mpra. 
 
 (a) See p. 56, miprii. (d) See pp. 138, 141, supra. 
 
 (,*) See p. 170, supi-it. (e) See p. 141, supra. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 317 
 
 (5.) Except as by this Act permitted, the time limited by this Act for the pay- 
 ment of such expenses as aforesaid shall be twen ty-ei ^ht Aa.jR_a.H(tr the day on 
 which the candidates returned are declared elected (e). — — 
 
 (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 ht, bring an action for a disputed claim in 
 any competent court ; and any sum paid by the candidate or his agent in pursu- 
 ance 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 coui-t on 
 apphcation 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 
 disputed claim, or of a claim for any such expenses as aforesaid, although sent 
 in after the time in this section mentioned for sending in claims, or although the 
 same was sent in to the candidate and not to the election agent (y). 
 
 (10.) Any sum specified in the order of leave may be paid by the candidate or 
 liis election agent, and when paid in pursuance of such leave shall be deemed to 
 be paid within the time limited by this Act (</). 
 
 Reference to taxation of claim, against candidates. 
 30. If any action is brought in any competent court to recover a disputed 
 claim against a candidate at an election, or his election agent, in respect of any 
 expenses incurred on account or in respect of the conduct or management of 
 such election, and the 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, otherwise directs, be forthwith refeiTed for taxation to 
 the master, official referee, registrar, or other proper ofiicer of the court, and the 
 amount found due on such taxation shall be the amount to be recovered in such 
 action in respect of such claim. 
 
 Personal expenses of candidate and petty expenses. 
 
 31. — (1.) The candidate at an election may pay any personal expenses incurred 
 by him on account of or in connexion with or incidental to such election to an 
 amount not exceeding one hundred pounds, but any further personal expenses 
 so incurred by him shall be paid by his election agent (h). 
 
 (2.) The candidate shall send to the election agent within the time limited by 
 this Act for sending in claims a written statement of the amount of personal 
 expenses paid as aforesaid by such candidate (/). 
 
 (3.) Any person may, if so authorised in writing by the election agent of the 
 candidate, pay any necessary expenses for stationery, postage, telegrams, and 
 other petty expenses, to a total amount not exceeding that named in the 
 authority, but any excess above the total amount so named shall be paid 
 by the election agent {k). 
 
 (4.) A statement of the particulars of payments made by any person so 
 authorised shall be sent to the election agent within the time limited by this 
 Act for the sending in of claims, and shall be vouched for by a bill containing 
 the receipt of that person. 
 
 Remuneration of election agent and returning officer's expenses. 
 32. — (l.J So far as circumstances admit, this Act shaU apply to a claim for his 
 remuneration by an election agent and to the payment thereof in Hke manner as. 
 
 (e) See p. 141, suj)ra. (Ji) See pp. 15, 138, supra. 
 
 (J ) See p. 138, supra. (i) See p. 16, supra, 
 
 (jj) See p. 139, svjira. (/;) See p. 141, supra. 
 
318 APPENDIX II, 
 
 if he were any other creditor, and if any difference arises respecting the amount 
 of such claim the claim shall be a disputed claim within the meaning of this Act, 
 and be dealt with accordingly (e). 
 
 (2.) The account of the charges claimed by the returning ofiicer in the case of 
 a candidate and transmitted in pursuance of section four of the Parliamentary 
 Elections (Eeturning Officers) Act, 1875, shall be transmitted within the time 
 specified in the said section to the election agent of the candidate, and need not 
 be transmitted to the candidate (/). 
 
 lieturn and declaration respecting election expenses. 
 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 expi-ession "return respecting election expenses ") ; 
 
 (b) A statement of the amount of personal expenses, if any, paid by the 
 
 candidate ; 
 
 (c) A statement of the sums paid to thp returning officer for his charges, or, 
 
 if the amount is in dispute, of the sum claimed and the amount 
 disputed ; 
 <d) A statement of all other disputed claims of which the election agent is 
 aware ; 
 
 (e) A statement of all the unpaid claims, if any, of which the election agent 
 
 is aware, in respect of which application has been or is about to be made 
 to the High Court ; 
 
 (f) A statement of all money, securities, and equivalent of money received by 
 
 the election agent from the candidate or any other person for the pui'pose 
 
 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 [g). 
 
 (2.) The return so transmitted to the returning officer shall be accompanied 
 
 by a declaration made by the election agent before a justice of the peace in the 
 
 form in the Second Schedule to this Act (which declaration is in this Act 
 
 i-eferred 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 shaR be 
 substituted in the return required by this section to be transmitted by the 
 election 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 respecting election expenses need not be made, and the 
 ■declaration by the candidate respecting election expenses shall be modified as 
 specified in the Second Schedule to this Act (h). 
 
 (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) Qi). 
 
 (5.) If in the case of an election for any county or borough, the said return 
 and declarations are not transmitted before the expiration of the time limited for 
 the purpose, the candidate shall not, after the expiration of such time, sit or 
 vote in the House of Commons as member for that county or borough until either 
 such return and declarations have been transmitted, or until the date of the 
 allowance of such an authorised 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 aits 
 -or votes to any person who sues for the same (/»). 
 
 (e) See p. 56, supra. {g') See pp. 139, 187, supra. 
 
 (/) See p. 14, supra, (Ji) See p. 137, supra. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 319 
 
 (6.) If without such authorised excuse as in this Act mentioned, a candidate 
 or an election a^ent fail 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 offence, and on conviction 
 thereof on indictment shall be liable to the punishment for wilful and corrupt 
 perjury ; such offence shall also be deemed to be a corrupt practice within the 
 meaning of this Act {j\. 
 
 (8.) Where the candidate is out of the United Kingdom at the time when the 
 return is so transmitted to the returning 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 transmitted to the returning officer, 
 but the delay hereby authorised 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 [j). 
 
 (9.) Where, after the date at which the return respecting election expenses is 
 transmitted, leave is given by the High Court for any claims to be paid, the 
 candidate or his flection 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 require- 
 ments of this section without such authorised excuse as in this Act 
 mentioned. 
 
 Authorised excuse for non-compHance with provisiniu as to return and 
 declaration respecting election expenses. 
 
 34. — (1.) Where the return and declarations respecting election expenses of u, 
 •candidate at an election for a county or borough have not been transmitted as 
 required by this Act, or being transmitted contain some error or false statement, 
 then — 
 
 (a) If the candidate applies to the High Court or an election coui-t and shows 
 
 that the failure to transmit such 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 clerk or officer of such agent, 
 or by reason of inadvertence or of any reasonable cause of a like nature, 
 and not by reason of any want of good faith on the part of the 
 applicant, or 
 
 (b) If the election agent of the candidate applies to the High Court or an 
 
 election court and shows that the failure to transmit the return and 
 
 declarations which he was required to transmit, or any part thereof, or 
 
 any error or false statement therein, arose by reason of his illness or of 
 
 the death or illness of any prior election 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 applicant, 
 
 the court may, after such notice of the application in the said county or borough, 
 
 and on production of such evidence of the grounds stated in the apphcation, and 
 
 of the good faith of the application, and otherwise, as to the court seems fit, 
 
 make such order for allowing an authorised excuse for the failure to transmit 
 
 such return and declaration, or for an error or false statement in such return 
 
 and declaration, as to the court seems just (Ic). 
 
 (2.^ Where it appears to the court that any person being or having been 
 election agent or sub-agent has refused or failed to make such return or to 
 supply such particulars as will enable the candidate and his election agent 
 respectively to comply with the provisions of this Act as to the return and 
 declaration respecting election expenses, the court before making an order 
 allowing the excuse as in this section mentioned shall order such person to 
 
 (i) See pp. 137—141, supra. (A) See pp. 179, 185—186, mpra. 
 
 (jy See p. 137, supra. 
 
320 APPENDIX II. 
 
 attend before the court, and on his attendance shall, unless he shows cause to 
 the contrary, order him to make the return and d.eclaration, or to deliver a 
 statement of the particulars required to be contained in the return, as to the 
 court seems just, and to make or deliver the same within such time and to such 
 person and in such manner as the court may direct, or may order him to be 
 examined with respect to such particulars, and may in default of compliance 
 with any such order order him to pay a fine not exceeding five hundred pounds. 
 
 (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 efiect the object of this Act ; and an order allowing an authorised 
 excuse shall relieve the applicant for the order from any liability or con- 
 sequences under this Act in respect of the matter excused by the order ; and 
 where it is proved by the candidate to the court that any act or omission of the 
 election agent in relation to the return and declaration respecting election 
 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 complies with them, is referred to in this 
 Act as the date of the allowance of the excuse (A). 
 
 Puhlication of summary of return of election expenses. 
 
 35. — (1.) The returning officer at an election within ten days after he receives 
 from the election agent of a candidate a return respecting election expenses 
 shall publish a summary of the return in not less than two newspapers circu- 
 lating in the county or borough for which the election was held, accompanied 
 by a notice of the time and place at which the return and declarations (including 
 the accompanying documents) can be inspected, and may charge the candidate 
 in respect of such publication, and the amount of such charge shall be the sum 
 allowed by the Parliamentary Elections (Returning Officers) Act, 1875. 
 
 (2.) The return and declarations (including the accompanying documents) 
 sent to the returning ofiicer by an election agent shall be kept at the office of the 
 returning officer, or some convenient place appointed by him, and shall at all 
 reasonable times during two years next after they are received by the returning 
 officer be open to inspection by any person on payment of a fee of one shiUing, 
 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 expira- 
 tion of the said two years the returning officer may cause the said return and 
 declarations, (including the accompanying documents,) to be destroyed, or, 
 if the candidate or his election agent so require, shall return the same to the 
 candidate. 
 
 Disqualification of electors. — Prohihifion of persons guilty of corrupt or illegal 
 practices, &c., from voting. 
 
 36. — Every person guilty of a corrupt or illegal practice or of illegal employ- 
 ment, payment, or hiring at an election is prohibited from voting at such ©lection, 
 and if any such person votes his vote shall be void (/c). 
 
 Prohibition of disqualified persons from voting. 
 
 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 pubKc 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 {Ic). 
 
 (Ji) See pp. 179, 185, 186, supra. (A) See p. 47, mpra. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 321 
 
 Hearing of person before he is reported f/itilty of corrupt or illegal practice, 
 and incapacity of person reported (jaiHij. 
 
 38. — (1.) Before a person, not being a party to an election petition nor a 
 candidate on behalf of whom the seat is claimed by an election petition, is 
 reported by an election court, and before any person is reported by election 
 commissioners, to have been guilty, at an election, of any cori-upt or illegal 
 practice, the com-t or commissioners, as the case may be, shall cause notice to be 
 given to such person, and if he appears in pursuance of the notice, shall give him 
 an opportunity of being heard by himself and of calling evidence in his defence 
 to show why he should not be so reported. 
 
 (2.) Every person reported by election commissioners to have been guilty at 
 an election of any corrupt or illegal practice may appeal against such report 
 to the next court of oyer and terminer or gaol delivery held in and for the 
 county or place in which the offence is alleged to have been committed, and such 
 court may hear and determine the appeal ; and subject to rules of court such 
 appeal may be brought, heard, and determined in like manner as if the court 
 were a court of quarter sessions and the said commissioners were a court of 
 summary jurisdiction, and the person so reported had been convicted by a court 
 of summary jurisdiction for an offence under this Act, and notice of every such 
 appeal shall be given to the Director of public prosecutions in the manner and 
 within the time directed by rules of court, and subject to such rules then within 
 three days after the appeal is brought. 
 
 (3.') Where it appears to the Lord Chancellor that appeals under this section 
 are interfering or are likely to interfere with the ordinary business transacted 
 before any courts of oyer and terminer or gaol delivery, he may direct that the 
 said appeals, or any of them, shall be heard by the judges for the time being on 
 the rota for election petitions, and in such case one of such judges shall proceed 
 to the county or place in which the ofEences are alleged to have been committed, 
 and shall there hear and detei-mine the appeals in like manner as if such judge 
 were a court of oyer and terminer. 
 
 (4.) The provisions of the Parliamentary Elections Act, 1868, with respect to 
 the reception and powers of and attendance on an election court, and to the 
 expenses of an election court, and of receiving and accommodating an election 
 court, shall apply as if such judge were an election court. 
 
 (o.) Every person who after the commencement of this Act is reported by any 
 election court or election commissioners to have been guilty of any corrupt or 
 illegal practice at an election shall, whether he obtained a certificate of indemnitj' 
 or not, be subject to the same incapacity as he would be subject to if he had at 
 the date of such election been convicted of the offence of which he is reported to 
 have been guilty : Provided that a report of any election commissioners inquiring 
 into an election for a county or borough shall not avoid the election of any 
 candidate who has been declared by an election court on the trial of a petition 
 respecting such election to have been duly elected at such election or render him 
 incapable of sitting in the House of Commons for the said county or borough 
 during the Parliament for which he was elected (a). 
 
 (6.) Where a person who is a justice of the peace is reported by any election 
 oom't or election commissioners to have been guilty of any corrupt practice in 
 refer^ce to an election, whether he has obtained a certificate of indemnity or 
 not, it shall be the duty of the Director of public prosecutions to report the case 
 to the Lord High Chancellor of Great Britain with such evidence as may have 
 been given of such corrupt practice, and where any such person acts as a 
 justice of the peace by virtue of his being, or having been, mayor of a borough, 
 the Lord High Chancellor shall have the same power to remove such person 
 from being a justice of the peace as if he was named in a commission of the 
 peace. 
 
 (7.) Where a person who is a barrister or a solicitor, or who belongs to any 
 profession the admission to which is regulated by law, is reported by any election 
 court or election commissioners to have been guilty of any corrupt practice in 
 reference to an election, whether such person has obtained a certificate of 
 
 {a) See p. 47, svpra. 
 L.E. Y 
 
322 APPENDIX II. 
 
 indemnity or not, it shall be the duty of the Director of puhlio prosecutions to 
 bring the matter before the Inn of Court, High Court, or tribunal having power to 
 take cognizance of any misconduct of such person in his profession, and such 
 Inn of Court, High Court, or tribunal may deal with such person in like 
 manner as if such corrupt practice were misconduct by such person in his 
 profession. 
 
 (8.) With respect to a person holding a licence or certificate under the 
 Licensing Acts (in this section referred to as a licensed person) the following 
 provisions shall have eflect : 
 
 (a) If it appears to the court by which any licensed person is convicted of 
 
 the offence of bribery or treating that such offence was committed on his 
 licensed premises, the court shall direct such conviction to be entered in 
 the proper register of licences. 
 
 (b) If it appears to an election court or election commissioners that a licensed 
 
 person has knowingly suffered any bribery or treating in reference to 
 any election to take place upon his licensed premises, such court or 
 commissioners (subject to the provisions of this Act as to a person having 
 an opportunity of being heard by himself and producing evidence before 
 being reported) shall report the same ; and whether such person obtained 
 a certificate of indemnity or not it shall be the duty of the Director of 
 public prosecutions to bring such report before the licensing justices 
 from whom or on whose certificate the licensed person obtained his 
 licence, and such licensing justices shall cause such report to be entered 
 in the proper register of licences. 
 
 (c) Where an entry is made in the register of licences of any such convicfion 
 
 of or report respecting any licensed person as above in this section 
 
 mentioned, it shall be taken into consideration by the licensing justices 
 
 in determining whether they will or will' not grant to such person 
 
 the renewal of his licence or certificate, and may be a ground, if the 
 
 justices think fit, for refusing such renewal. 
 
 (9.) Where the evidence showing any corrupt practice to have been committed 
 
 by a justice of the peace, barrister, solicitor, or other professional person, or any 
 
 licensed person, was given before election commissioners, those commissioners 
 
 shall report the case to the Director of public prosecutions, with such information 
 
 as is necessary or proper for enabling him to act under this section. 
 
 (10.) This section shall apply to an election court under this Act, or under 
 Part IV. of the Municipal Corporations Act, 1882, and the expression election 
 shall be construed accordingly. 
 
 List in register of voters of persons incapacitated for voting hy corrupt or 
 
 illegal practices. 
 
 39. — (1.) The registration officer in every county and borough shall annually 
 make out a list containing the names and description of all persons who, though 
 otherwise qualified to vote at a parliamentary election for such county or borough 
 respectively, are not capable of voting by reason of having after the commence- 
 ment of this Act been found guilty of a corrupt or illegal practice on conviction 
 or by the report of any election court or election commissioners whether imder 
 this Act, or under Part IV. of the Municipal Corporations Act, 1882, or under 
 any other Act for the time being in force relating to a parliamentary election or 
 an election to any public office ; and such officer shall state in the hst (in this 
 Act referred to as the corrupt and illegal practices Hst) , the offence of which each 
 person has been found guilty. 
 
 (2.) For the purpose of making out such list he shall examine the report of 
 any election court or election commissioners who have respectively tried an 
 election petition or inquired into an election where the election (whether a parha^ 
 mentary election or an election to any public office) was held in any of the 
 following places ; that is to say, 
 
 (a) if he is the registration officer of a county, in that county, or in any 
 
 borough in that county ; and 
 
 (b) if he is the registration officer of a borough, in the county in which such 
 
 borough is situate, or in any borough in that county. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 323 
 
 (3.) The registration officer shall send the list to the overseers of every parish 
 within his county or borough, together with his precept, and the overseers shaU 
 publish the list together with the list of voters, and shaU. also, in the case of 
 every person in the corrupt and illegal practices list, omit his name from the list 
 of persons entitled to vote, or, as circumstances require, add " objected" before 
 his name in the list of claimants or copy of the register published by them, in 
 like manner as is required by law in any other cases of disqualification. 
 
 (4.) Any person named in the corrupt and illegal practices list may claim to 
 have his name omitted therefrom, and any person entitled to object to any list 
 of voters for the county or borough may object to the omission of the name of 
 any person from such list. Such claims and objections shall be sent in within 
 the same time and be dealt with in like manner, and any such objection shall be 
 served on the person referred to therein in like manner, as nearly as circum- 
 stances admit, as other claims and objections under the enactments relating to 
 the registration of parliamentary electors. 
 
 (5.) The revising barrister shall determine such claims and objections and shall 
 revise such list in like manner as nearly as circumstances admit as in the case 
 of other claims aiy^ objections, and of any list of voters. 
 
 (6.) Where it appears to the revising barrister that a person not named in the 
 corrupt and illegal practices list is subject to have his name inserted in such 
 list, he shall (whether an objection to the omission of such name from the list 
 has or has not been made, but) after giving such person an opportunity of making 
 a statement to show cause to the contrary, insert his name in such list and 
 expunge his name from any list of voters. 
 
 (7.) A revising barrister in acting under this section shall determine only 
 whether a person is incapacitated by conviction or by the report of any election 
 court or election commissioners, and shall not determine whether a person has 
 or not been guilty of any corrupt or illegal practice. 
 
 (8.) The corrupt and illegal practices list shall be appended to the register of 
 electors, and shall be printed and published therewith wherever the same is 
 printed or published (i). 
 
 Proceedings on election petition. — Time for presentation of election petitions alleijing 
 
 illegal practice. 
 
 40. — (1.) Where an election petition questions the return or the election upon 
 an allegation of an illegal practice, then notwithstanding anything in the 
 Parliamentary Elections Act, 1868, such petition, so far as respects such illegal 
 practice, may be presented within the time following ; (that is to say), 
 
 (a) At any time before the expiration of fourteen days after the day on which 
 
 the returning officer receives the return and declarations respecting 
 election expenses by the member to whose election the petition relates 
 and his election agent : (b) 
 
 (b) If the election petition specifically alleges a payment of money, or Some 
 
 other act to have been made or done since the said day by the member 
 
 or an agent of the member, or with the privity of the member or his 
 
 election agent in pursuance or in furtherance of the illegal practice 
 
 alleged in the petition, the petition may be presented at any time within 
 
 twenty-eight days after the date of such payment or other act (c). 
 
 (2.) Any election petition presented within the time limited by the Parlianientary 
 
 Elections Act, 1868, may for the purpose of questioning the return or the 
 
 election upon an allegation of an illegal practice be amended with the leave 
 
 of the High Court within the time within which a petition questioning the 
 
 return upon the allegation of that illegal practice can under this section be 
 
 presented. 
 
 (3.) This section shall apply in the case of an ofience 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. 
 
 (J) See pp. 191, 205, stqim. (c) See p. 191, supra. 
 
 Y 2 
 
324 APPENDIX II. 
 
 (4.) For the purposes of this section — 
 
 (a) where the return and declarations are received on different days, the day 
 
 on which the last of them is received, and 
 
 (b) where there is an authorised excuse for failing to make and transmit the 
 
 return and declarations respecting election expenses, the date of the 
 allowance of the excuse, or if there was a failure as regards two or more 
 of them, and the excuse was allowed at different times, the date of the 
 allowance of the last excuse, 
 
 shall be substituted for the day on which the return and declarations are received 
 
 by the returning officer. 
 
 (5.) For the purposes of this section, time shall be reckoned in like manner as 
 
 it is reckoned for the purposes of the Parliamentarj"^ Elections Act, 1868. 
 
 Withdrawal of election petition. 
 
 41. — (1.) Before leave for the withdrawal of an election petition is granted, 
 there shall be produced affidavits by all the parties to the petition and their 
 solicitors, and by the election agents of all of the said parties who were candi- 
 dates at the election, but the High Court may on cause shown dispense with the 
 affidavit of any particular person if it seems to the court on special grounds to 
 be just so to do ((f). 
 
 (2.) Each affidavit shall state that, to the best of the deponent's knowledge 
 and belief, no agreement or terms of any kind whatsoever has or have been 
 made, and no undertaking has been entered into, in relation to the withdrawal 
 of the petition ; but if any lawful agreement has been made with respect to the 
 withdrawal of the petition, the affidavit shall set forth that agreement, and shall 
 make the foregoing statement subject to what appears from the affidavit. 
 
 (3.) The affidavits of the applicant and his solicitor shall further state the 
 ground on which the petition is sought to be withdrawn. 
 
 (4.) If any person makes any agreement or terms, or enters into any under- 
 taking, in relation to the withdrawal of an election petition, and such agreement, 
 terms, or undertaking is or are for the withdrawal of the election petition in con- 
 sideration of any payment, or in consideration that the seat shall at any time be 
 vacated, or in consideration of the withdrawal of any other election petition, or 
 is or are (whether lawful or unlawful) not mentioned in the aforesaid affidavits, 
 he shall be guilty of a misdemeanor, and shall be liable on conviction on 
 indictment to imprisonment for a term not exceeding twelve months, and to a 
 fine not exceeding two hundred pounds. 
 
 (5.) Copies of the said affidavits shall be delivered to the Director of public 
 prosecutions a reasonable time before the application for the withdrawal is 
 heai'd, and the court may hear the Director of public prosecutions or his assistant 
 or other representative (appointed with the approval of the Attorney-General), 
 in opposition to the allowance of the withdrawal of the petition, and shall have 
 power to receive the evidence on oath of any person or persons whose evidence 
 the Director of public prosecutions or his assistant, or other representative, may 
 consider material. 
 
 (6.) Where in the opinion of the court the proposed withdrawal of a petition 
 was the result of any agreement, terms, or undertaking, prohibited bj' this 
 section, the court shall have the same power with respect to the security as 
 under section thirty-five of the Parliamentary Elections Act, 1868, where the 
 withdrawal is induced by a corrupt consideration. 
 
 (7.) In every case of the withdrawal of an election petition the court shall 
 report to the Speaker whether, in the opinion of such court, the withdrawal of 
 such petition was the result of any agreement, terms, or undertaking, or was in 
 consideration of any payment, or in consideration that the seat should at any 
 time be vacated, or in consideration of the withdi-awal of any other election 
 petition, or for any other consideration, and if so, shall state the circumstances 
 attending the withdrawal. 
 
 (8.) Where more than one solicitor is concerned for the petitioner or respondent, 
 whether as agent for another solicitor or otherwise, the affidavit shall be made 
 by all such solicitors. 
 
 {/!) See p. 19"), sHjiru. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 325 
 
 (9.) Where a person not a solicitor is lawfully acting as agent in the case of 
 an election petition, that agent shall be deemed to be a solicitor for the purpose 
 of making an affidavit in pursuance of this section. 
 
 Continuation of trial of election ■petition. 
 
 42. The trial of every election petition so far as is practicable, consistently 
 with the interests of justice in respect of such trial, shall be continued de die 
 in diem on every lawful day until its conclusion, and in case the rota of judges 
 for the year shall expire before the conclusion of the trial, or of all the pro- 
 ceedings in relation or incidental to the petition, the authority of the said 
 judges shall continue for the purpose of the said trial and proceedings {q). 
 
 Attendance of Director of Public Prosecutions on trial of election petition, and 
 prosecution by him of offenders. 
 
 43. — (1.) On every trial of an election petition the Director of public prosecu- 
 tions shall by himself or by his assistant, or by such representative as herein- 
 after mentioned* attend at the trial, and it shall be the duty of such Director to 
 obey any directions given to him by the election court with respect to the sum- 
 moning and examination of any witness to give evidence on such trial, and with 
 respect to the prosecution by him of ofienders, and with respect to any person 
 to whom notice is given to attend with a view to report him as guilty of any 
 coiTupt or illegal practice (r). 
 
 (2.) It shall also be the duty of such Director, without any direction from 
 the election court, if it appears to him that any person is able to give material 
 evidence as to the subject of the trial, to cause such person to attend the trial, 
 and with the leave of the court to examine such person as a witness (s). 
 
 (3.) It shall also be the duty of the said Director, without any direction from 
 the election court, if it appears to him that any person who has not received a 
 certificate of indemnity has been guilty of a corrupt or illegal practice, to prose- 
 cute such person for the oflence before the said court, or if he tiiinks it expedient 
 in the interests of justice before any other competent court (s). 
 
 (4.) Where a person is prosecuted before an election court for any corrupt or 
 illegal practice, and such person appears before the court, the court shall proceed 
 to try him summarily for the said offence, and such person, if convicted thereof 
 upon such trial, shall be subject to the same incapacities as he is rendered 
 subject to under this Act upon conviction, whether on indictment or in any 
 other proceeding for the said offence ; and further, may be adjudged bj"^ the 
 court, if the offence is a corrupt practice, to be imprisoned, with or without 
 hard labour', for a term not exceeding six months, or to pay a fine not exceeding 
 two hundred pounds, and if the ofience is an illegal practice, to pay such fine 
 as is fixed by this Act for the offence ; 
 
 Provided that, in the case of a corrupt practice, the court, before proceeding to try 
 summarily anyperson, shall give such person the option of being tried by a jury (t). 
 
 (5.) Where a person is so prosecuted for any such offence, and either he elects 
 to be tried by a jury or he does not appear before the court, or the court thinks 
 it in the interests of justice expedient that he should be tried before some other 
 coiu't, the court, if of opinion that the evidence is sufficient to put the said 
 person upon his trial for the offence, shall order such person to be prosecuted on 
 indictment or before a court of summary jurisdiction, as the case may require, 
 for the said oflence ; and in either case may order him to be prosecuted before 
 such court as may be named in the order ; and for all purposes preliminary and 
 of and incidental to such prosecution the offence shall be deemed to have been 
 committed within the jurisdiction of the court so named (»). 
 
 (6.) Upon such order being made — 
 
 (a) if the accused person is present before the court, and the oflence is an 
 indictable oflence, the court shall commit him to take his trial, or cause 
 him to give bail to appear and take his trial for the said oflence ; and 
 
 (b)' if the accused person is present before the court, and the oflence is not an 
 
 (?) See p. 209, supra, {t) See pp. 53, 18S, 218, supra. 
 
 (?•) See pp. 217, 222, snpra. {») See p. 21S, supra, 
 (s) See p. 217, supra. 
 
326 APPENDIX II. 
 
 indictable oHenoe, the court shall order him to be brought before the 
 court of summary jurisdiction before whom he is to be prosecuted, or 
 cause him to give bail to appear before that court ; and 
 (c) if the accused person is not present before the court, the court shall as 
 circumstances require issue a summons for his attendance, or a warrant 
 to apprehend him and bring him, before a court of summary jurisdiction, 
 and that court, if the offence is an indictable oflence, shall, on proof only 
 of the summons or warrant and the identity of the accused, comnait him 
 to take his trial, or cause him to give bail to appear and take his trial 
 for the said oSence, or if the offence is punishable on summary con- 
 viction, shall proceed to hear the case, or if such court be not the court 
 before whom he is directed to be prosecuted, shall order bi-m to be 
 brought before that coui-t. 
 (7.) The Director of public prosecutions may nominate, with the approval of 
 the Attorney-General, a barrister or solicitor of not less than ten years standing 
 to be his representative for the purpose of this section, and that representative 
 shall receive such remuneration as the Commissioners of Her Majesty's Treasury 
 may approve. There shall be allowed to the Director and his assistant or repre- 
 sentative, for the purposes of this section, such allowance for expenses as the 
 Commissioners of Her Majesty's Treasury may approve. 
 
 (8.) The costs incurred in defraying the expenses of the Director of pubUc 
 prosecutions under this section (including the remuneration of his representative) 
 shall, in the first instance, be paid by the Commissioners of Her Majesty's 
 Treasury, and so far as they are not in the case of any prosecution paid by the 
 defendant shall be deemed to be expenses of the election court ; but if for any 
 reasonable cause it seems just to the court so to do, the court shall order aU or 
 part of the said costs to be repaid to the Commissioners of Her Majesty's 
 Treasury by the parties to the petition, or such of them as the court may 
 direct. 
 
 Power to election court to order payment hy county or horough or individual of 
 costs of election petition, 
 
 44. — (1.) Where upon the trial of an election petition respecting an election 
 for a county or borough it appears to the election court that a corrupt practice 
 has not been proved to have been committed in reference to such election by or 
 with the knowledge and consent of the respondent to the petition, and that such 
 respondent took all reasonable means to prevent corrupt practices being com- 
 mitted on his behalf, the court may make one or more orders with respect to the 
 payment either of the whole or such part of the costs of the petition as the court 
 may think right as follows : 
 
 (a) if it appears to the court that corrupt practices extensively prevailed in 
 
 reference to the said election, the court may order the whole or part of 
 the costs to be paid by the county or borough ; and 
 
 (b) if it appears to the court that any person or persons is or are proved, 
 
 whether by providing money or otherwise, to have been extensively 
 
 engaged in corrupt practices, or to have encouraged or promoted 
 
 extensive corrupt practices in reference to such election, the court may, 
 
 after giving such person or persons an opportunity of being heard by 
 
 counsel or solicitor and examining and cross-examining witnesses to 
 
 show cause why the order should not be made, order the whole or part 
 
 of the costs to be paid by that person, or those persons or any of them, 
 
 and may order that if the costs cannot be recovered from one or more of 
 
 such persons they shall be paid by some other of such persons or by 
 
 either of the parties to the petition (r). 
 
 (2.) "Where any person appears to the court to have been guilty of the offence 
 
 of a corrupt or illegal practice, the court may, after giving such person an 
 
 opportunity of making a statement to show why the order should not be made, 
 
 order the whole or any part of the costs of or incidental to any proceeding 
 
 before the court in relation to the said offence or to the said person to be paid 
 
 by the said person (s). 
 
 ()•) See pp. 198-199, gvpra. («) See p. 199, sv2>ra. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 327 
 
 (3.) The rules and regulations of the Supreme Court of Judicature with 
 respect to costs to be allowed in actions, causes, and matters in the High Court 
 shall in principle and so far as practicable apply to the costs of petition and 
 other proceedings under the Parliamentary Elections Act, 1868, and under this 
 Act, and the taxing officer shall not allow any costs, charges, or expenses on a 
 higher scale than would be allowed in any action, cause, or matter in the High 
 Court on the higher scale, as between solicitor and client {«). 
 
 Miscellaneous. — Inquiry by Director of public prosecutions into alleged corrupt 
 or illegal practices. 
 
 45. Where information is given to the Director of public prosecutions that 
 any corrupt or illegal practices have prevailed in reference to any election, it 
 shall be his duty, subject to the regulations under the Prosecution of Offences 
 Act, 1879, to make such inquiries and institute such prosecutions as the circum- 
 stances of the case appear to him to require. 
 
 Removal of incapacity on proof that it was procured by perjury. 
 
 46. Where a person has, either before or after the commencement of this 
 Act, become subject to any incapacity under the Corrupt Practices Prevention 
 Acts or this Act by reason of a conviction or of a report of any election court 
 or election commissioners, and any witness who gave evidence against such 
 incapacitated person upon the proceeding for such conviction or report is 
 convicted of perjury in respect of that evidence, the incapacitated person may 
 apply to the High Court, and the court, if satisfied that the conviction or report 
 so far as respects such person was based upon perjury, may order that such 
 incapacity shall thenceforth cease, and the same shall cease accordingly. 
 
 Amendment of law as to polling districts and polling places. 
 
 47. — (1.) Every county shall be divided into polling districts, and a poUing 
 place shall be assigned to each district in such manner that, so far as is reason- 
 ably practicable, every elector resident in the county shall have his poUing 
 place within a distance not exceeding three m.iles from his residence, so never- 
 theless that a polling district need not in any case be constituted containing less 
 than one hundred electors (<). 
 
 (2.) In every county the local authority who have power to divide that county 
 into polling districts shall from time to time divide the county into polUng 
 districts, and assign polling places to those districts, and alter those districts 
 and polling places in such manner as may be necessary for the purpose of 
 caiTying into efiect this section (t). 
 
 (3.) The power of dividing a borough into polling districts vested in a local 
 authority by the Eepresentation of the People Act, 1867, and the enactments 
 amending the same, may be exercised bv such local authority from time to 
 time, and as often as the authority think fit, and the said power shall be 
 deemed to include the power of altering any polling district, and the said local 
 authority shall from time to time, where necessary for the purpose of carrying 
 this section into effect, divide the borough into polling districts in such 
 manner that — 
 
 (a) Every elector resident in the borough, if other than one herein-after 
 
 mentioned, shall be enabled to poll within a distance not exceeding one 
 mile from his residence, so nevertheless that a polling district need not 
 be constituted containing less than three hundred electors ; and 
 
 (b) Every elector resident in the boroughs of East Eetford, Shoreham, 
 
 Cricklade, Much Wenlock, and Aylesbury, shall be enabled to poll 
 within a distance not exceeding three miles from his residence, so 
 nevertheless that a polling district need not be constituted containing 
 less than one hundred electors (u). 
 
 (s) See p. 197, mpra. («) See p. 46, Ktqmi. 
 
 (0 See p. 45, supra. 
 
328 APPENDIX II. 
 
 (4.) So muoii of section five of the Ballot Act, 1872, and the enactments 
 amending the same as is in force and is not repealed by this Act, shall apply as 
 if the same were incorpoiated in this section (y). 
 
 (5.) The expenses incurred by the local authority of a couutj' or borough 
 under this or any other Act in dividing their county or borough into polling 
 districts, and, in Ihe case of a county, assigning polling places to such districts, 
 and in altering any such districts or polling places, shall be defraj-ed in like 
 manner as if they were expenses incurred by the registration officer in the 
 execution of the enactments respecting the registration of electors in such 
 county or borough, and those enactments, so far as is consistent with the tenor 
 thereof, shall applj' accordingly. 
 
 Conveyance of voters hy sea in certain cases. 
 
 48. Where the natiu'e of a county is such that any electors residing therein 
 are unable at an election for such county to reach their polling place without 
 crossing the sea or a branch or arm thereof, this Act shall not prevent the 
 provision of means for conveying such electors by sea to their polling place, and 
 the amount of payment for such means of conveyance may be in addition to 
 the maximum amount of expenses allowed by this Act (y). 
 
 Election commissioners not to inquire into elections before the passing of this Act, 
 
 49. Notwithstanding the provisions of the Act 15 & 16 Vict. cap. 57, or any 
 amendment thereof, in any case where, after the passing of this Act, any com- 
 missioners have been appointed, on a j oint address of both Houses of Parliament, 
 for the purpose of making inquii-y into the existence of corrupt practices in any 
 election, the said commissioners shall not make inquiries concerning any election 
 that shall have taken place prior to the passing of this Act, and no witness called 
 before such commissioners, or at any election petition after the passing of this 
 Act, shall be liable to be asked or bound to answer any question for the purpose 
 of proving the commission of any corrupt practice at or in relation to any 
 election prior to the passing of this Act : Provided that nothing herein contained 
 shall affect any proceedings that shall be pending at the time of such passing (z). 
 
 Legal proceedings. — Trial in Central Criminal Court of indictment for corrupt 
 practice at instance of Attorney - General . 
 
 50. Where an indictment as defined by this Act for any offence under the 
 Corrupt Practices Prevention Acts or this Act is instituted in the High Court 
 or is removed into the High Court by a writ of certiorari issued at the instance 
 of the Attorney-General, and the Attorney -Gen oral suggests on the part of the 
 Crown that it is expedient for the purposes of justice that the indictment should 
 be tried in the Central Criminal Court, or if a special jury is ordered, that it 
 should be tried before a judge and jury at the Pioyal Cotrrts of Justice, the 
 High Court may, if it think fit, order that such indictment shall be so tried 
 upon such teims as the court may think just, and the High Court may make 
 such orders as appear to the court necessary or proper for carrying into effect 
 the order for such trial. 
 
 Limitation of time for prosecution of offence. 
 
 51. — (1.) A proceeding against a person in respect of the offence of a corrupt 
 or illegal practice or any other offence under the Corrupt Practices Prevention 
 Acts or this Act shall be commenced within one year after the offencewas com- 
 mitted, or if it was committed in reference to an election with respect to which 
 an inquiry is held by election commissioners shall be commenced within one 
 year after the offence was committed, or within three months after the report 
 of such commissioners is made, whichever period last expires, so that it be com- 
 menced within two years after the offence was committed, and the time so 
 
 (j)) Seep. Wi, .vipra. (-) Seep. 216, sii/ira. 
 
 (y) See p. Hfi, .-iiipru. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 329 
 
 limited by this section shall, in the case of any proceeding under the Summary 
 Jurisdiction Acts for any such offence, whether before an election court or 
 otherwise, be substituted for any limitation of time contained in the last- 
 mentioned Act8(i). 
 
 (2.) I'or the purposes of this section the issue of a summons, wan-ant, writ, 
 or other process shall be deemed to be a commencement of a pi-ooeeding, where 
 the service or execution of the same on or against the alleged offender is pre- 
 vented by the absconding or concealment or act of the alleged offender, but 
 save as aforesaid the service or execution of the same on or against the alleged 
 offender, and not the issue thereof, shall be deemed to be the commencement of 
 the proceeding. 
 
 Persona charged ivith corrupt practice may be found guilty of illegal practice. 
 
 52. Any person charged with a corrupt practice may, if the circumstances 
 warrant such finding, be found guilty of an illegal practice (which offence shall 
 for that purpose^ be an indictable offence), and any person charged with an 
 illegal practice may be found guilty of that offence, notwithstanding that the 
 act constituting the offence amounted to a corrupt practice, and a person charged 
 with illegal payment, employment, or hiring, may be found guilty of that 
 offence, notwithstanding that the act constituting the offence amounted to a 
 corrupt or illegal practice. 
 
 Application of enactments of 17 & 18 Vict. c. 102, and 26 & 27 Vict. c. 2!), 
 relating to prosecutions for bribery. 
 
 53.— (1 .) Sections ten, twelve, and thirteen of the Corrupt Practices Prevention 
 Act, 1854, and section six of the CoiTupt Practices Prevention Act, 1863 (which 
 relate to prosecution for bribery and other offences under those Acts), shall 
 extend to any prosecution on indictment for the offence of any corrupt practice 
 within the meaning of this Act, and to any action for any pecuniary forfeiture 
 for an offence under this Act, in like manner as if such offence were bribery 
 within the meaning of those Acts, and such indictment or action were the 
 indictment or action in those sections mentioned, and an order under the said 
 section ten may be made on the defendant ; but the Director of public prosecu- 
 tions or any person instituting any prosecution in his behalf or by direction of 
 an election court shall not be deemed to be a, private prosecutor, nor required 
 under the said sections to give any security. 
 
 (2.) On any prosecution under this Act, whether on indictment or summarily, 
 and whether before an election court or otherwise, and in any action for a 
 pecuniary forfeiture under this Act, the person prosecuted or sued, and the 
 husband or wife of such person, may, if he or she think fit, be examined as an 
 ordinary witness in the case. 
 
 (3.) On any such prosecution or action as aforesaid it shall be sufficient to 
 allege that the person charged was guilty of an illegal practice, payment, 
 employment, or hiring within the meaning of this Act, as the case may be, 
 and ~the certificate of the returning officer at an election that the election 
 mentioned in the certificate was duly held, and that the person named in . the 
 certificate was a candidate at such election, shall be sufficient evidence of the 
 facts therein stated. 
 
 Prosecution on summary conviction, and appeal to quarter sessimis. 
 
 54. — (1.) All offences under this Act punishable on summary conviction may 
 be prosecuted in manner provided by the Summary Jurisdiction Acts (e). 
 
 (2.) A person aggrieved by a conviction by a court of summary jurisdiction 
 for an offence under this Act may appeal to general or quarter sessions against 
 such conviction. 
 
 (h) Seep. \i^'.), xiipra. (c) Seep. \W.Htii>rn. 
 
330 APPENDIX II. 
 
 Application vf Summary Jurisdiction and Indictable Offences Ads to proceedings 
 
 before election courts. 
 
 55. — (1.) Except that nothing in this Act shall authorise any appeal against 
 a summary conviction by an election court, the Summary Jurisdiction Acts 
 shall, so far as is consistent with the tenor thereof, apply to the prosecution of 
 an offence summarily before an election court, in like manner as if it were an 
 offence punishable only on summary conviction, and accordingly the attend- 
 ance of any person may be enforced, the case heard and determined and any 
 summary conviction by such court carried into effect and enforced, and the 
 costs thereof paid, and the record thereof dealt with under those Acts in like 
 manner as if the court were a petty sessional court for the county or place in 
 which such conviction took place. 
 
 (2.) The enactments relating to charges before justices against persons for 
 indictable oflences shall, so far as is consistent with the tenor thereof, apply to 
 every case where an election court orders a person to be prosecuted on indictment 
 in like manner as if the court were a justice of the peace. 
 
 Exercise of jurisdiction of High Court, and maJcing of rides of court. 
 
 56. — (1.) Subject to any rules of court, any jurisdiction vested by this Act in 
 the High Court may, so far as it relates to indictments or other criminal pro- 
 ceedings, be exercised by any judge of the Queen's Bench Division, and in 
 other respects may either be exercised by one of the judges for the time being 
 on the rota for the trial of election petitions, sitting either in court or at 
 chambers, or may be exercised by a master of the Supreme Court of Judicature 
 in manner directed by and subject to an appeal to the said judges : 
 
 Provided that a master shall not exercise jurisdiction in the case either of an 
 order declaring any act or omission to be an exception from the provisions of 
 this Act with respect to illegal practices, payments, employments, or hirings, or 
 of an order allowing an excuse in relation to a return or declaration respecting 
 election expenses (/). 
 
 (2.) Eules of court may from time to time be made, revoked, and altered for 
 the purposes of this Act, and of the Parliamentary Elections'Act, 1868, and the 
 Acts amending the same, by the same authority by whom rules of court for 
 procedure and practice in the Supreme Court of Judicature can for the time 
 being be made. 
 
 Director of public prosecutions, and expienses of prosecutions. 
 
 57. — (1.) The Director of public prosecutions in performing any duty under 
 this Act shall act in accordance with the regulations under the Prosecution of 
 Offences Act, 1879, and subject thereto in accordance with the directions (if 
 any) given to him by the Attornej'-General ; and any assistant or representative 
 of the Director of public prosecutions in performing any duty under this Act 
 shall act iu accordance with the said regulations and directions, if any, and 
 with the directions given to him by the Director of public prosecutions. 
 
 (2.) Subject to the provisions of this Act, the costs of any prosecution on 
 indictment for an offence punishable under this Act, whether by the Director of 
 public prosecutions or his representative or by any other person, shall, so far as 
 they are not paid by the defendant, be paid in like manner as costs in the case 
 of a prosecution for felony are paid. 
 
 Recovery tf costs payable by county or borough or by person. 
 
 58. — (1.) Where any costs or other sums (not being costs of a prosecution on 
 indictment) are, under an order of an election court, or otherwise under this Act, 
 to be paid by a county or borough, the Commissioners of Her Majesty's Treasury 
 shall pay those costs or sums, and obtain repayment of the amount so paid, in 
 like manner as if such costs and sums were expenses of election commissioners 
 paid by them, and the Election Commissioners Expenses Acts, 1869 and 1871, 
 
 (/) See p. 182, svprii. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 331 
 
 shall apply accordingly as if they were herein re-enacted and in terms made 
 applicable to the above-mentioned costs and sums (fj. 
 
 (2.) Where any costs or other sums are, under the order of an election court 
 or otherwise under, this Act, to be paid by any person, those costs shall be a 
 simple contract debt due from such person to the person or persons to whom 
 they are to be paid, and if payable to the Commissioners of Her Majesty's 
 Treasury shall be a debt to Her Majesty, and in either case may be recovered 
 accordingly. 
 
 Supplemental provlaiona, deflnitimia, savings, and repeal. — Obligation of 
 witness to answer, and certificate of indemnity. 
 
 59. — (1.) A person who is called as a witness respecting an election before 
 any election court shall not be excused from, answering any question relating 
 to any offence at or connected with such election, on the ground that the 
 answer thereto may criminate or tend to criminate himself on the ground of 
 privilege ; 
 
 Provided that — • 
 
 (a) a witness who answers truly all questions which he is requii-ed by the 
 
 election court to answer shall be entitled to receive a certificate of 
 indemnity under the hand of a member of the court stating that such 
 witness has so answered : and 
 
 (b) an answer by a person to a question put by or before any election court 
 
 shall not, except in the case of any criminal proceeding for perjury 
 in respect of such evidence, be in any proceedrng, civil or criminal, 
 admissible in evidence against him : (/c) 
 
 (2.) Where a person has received such a certificate of indemnity in relation 
 to an election, and any legal proceeding is at any time instituted against him 
 for any offence under the Corrupt Practices Prevention Acts or this Act 
 committed by him previously to the date of the certificate at or in relation to 
 the said election, the court having cognisance of the case shall on proof of the 
 certificate stay the proceeding, and may in their discretion award to the said 
 person such costs as he may have been put to in the proceeding {I). 
 
 (3.) Nothing in this section shall be taken to relieve a person receiving a 
 certificate of indemnity from any incapacity Tinder this Act or from any proceed- 
 ing to enforce such incapacity (other than a criminal prosecution). 
 
 (4.) This section shall apply in the case of a witness before any election 
 commissioners, in like manner as if the expression "election court" in this 
 section included election commissioners. 
 
 (5.) Where a solicitor or person lawfully acting as agent for any party to an 
 election petition respecting any election for a county or borough has not taken 
 any part or been concerned in such election, the election commissioners 
 inquiring into such election shall not be entitled to examine such solicitor or 
 agent respecting matters which came to his knowledge by reason only of his 
 being concerned as solicitor or agent for a party to such petition. 
 
 Submission of report of election court or commissioners to Attorney- General. 
 
 60. An election court or election commissioners, when reporting that certain 
 persons have been guilty of any corrupt or illegal practice, shall report 
 whether those persons have or not been furnished with certificates of indemnity ; 
 and such report shall be laid before the Attorney- General (accompanied in the 
 case of the commissioners with the evidence on which such report was based) 
 with a view to his instituting or directing a prosecution against such persons 
 as have not received certificates of indemnity, if the evidence should, in his 
 opinion, be sufficient to support a prosecution (m). 
 
 Breach of duty by officer. 
 
 61.— (1.) Section eleven of the Ballot Act, 1872, shall apply to a returning 
 officer or presiding officer or clerk who is guilty, of any wilful misfeasance or 
 
 (') See pp. 198—199, snpra. (0 See p. 216, supra. 
 
 (*) See p. 215, siqira. (wO See p. 220, supra. 
 
a 32 APPENDIX II. 
 
 willul act or omission in contravention of this Act in like manner as if the same 
 were in contravention of the Ballot Act, 1872. 
 
 (2.) Section ninety-seven of the Parliamentary Eegistratiou Act, 1843, shall 
 apply to every registi-ation officer who is guilty of any wilful misfeasance or 
 wilful act of commission or omission contrary to this Act in like manner as if 
 the same were contrary to the Parliamentary Eegistration Act, 1843. 
 
 Fuhlication and service of notices. 
 
 62. — (1.) Any public notice required to be given by the returning oflScer 
 under this Act shall be given in the manner in which he is directed by the 
 Ballot Act, 1872, to give a public notice. 
 
 (2.) Where any summons, notice, or document is required to be served on 
 any person with reference to any proceeding respecting an election for a county 
 or borough, whether for the purpose of causing him to appear before the High 
 Coujrt or any election coiu-t, or election commissioners, or otherwise, or for the 
 purpose of giving him an opportunity of making a statement, or showing cause, 
 or being heard by himself, before any court or commissioners, for any purpose 
 of this Act, such summons, notice, or document may be served either by 
 delivering the same to such person, or by leaving the same at, or sending the 
 same by post by a registered letter to, his last known place of abode in the said 
 county or borough, or if the proceeding is before any court or commissioners, 
 in such other manner as the court or commissioners may direct, and in proving 
 such service by post it shall be sufficient to prove that the letter was prepaid, 
 properly addressed, and registered with the post office. 
 
 (3.) In the form of notice of a parliamentary election set forth in the Second 
 Schedule to the Ballot Act, 1872, the words " or any illegal practice " shall be 
 inserted after the words " or other corrupt practices," and the words the 
 " Corrupt and Illegal Practices Prevention Act, 1883," shall be inserted after 
 the words " Corrupt Practices Prevention Act, 1854." 
 
 Definition of candidate, and saving for persons nominated icitliout consent. 
 
 63. — (1.) In the Corrupt Practices Prevention Acts, as amended by this Act, 
 the expression "candidate at an election" and the expression "candidate" 
 respectively mean, unless the context otherwise requires, any person elected to 
 serve in Parliament at such election, and any person who is nominated as a 
 candidate at such election, or is declared by himself or by others to be a 
 candidate, on or after the day of the issue of the writ for such election, or after 
 the dissolution or vacancy in consequence of which such writ has been issued ; (m) 
 
 (2.) Provided that where a person has been nominated as a candidate or 
 declared to be a candidate by others, then — 
 
 (a) If he was so nominated or declared without his consent, nothing in this 
 
 Act shall be construed to impose any liability on such iserson, unless he 
 has afterwards given his assent to such nomination or declaration or has 
 been elected ; and 
 
 (b) If he was so nominated or declared, either without his consent or in his 
 
 absence and he takes no part in the election, he may, if he thinks fit, 
 make the declaration respecting election expenses contained in the 
 second part of the Second Schedule to this Act, and the election agent 
 shall, so far as circumstances admit, comply with the provisions of this 
 Act with respect to expenses incurred on account of or in respect of the 
 conduct or management of the election in like manner as if the candidate 
 had been nominated or declared with his consent. 
 
 General interpretation of terms. 
 
 64. In this Act, tmless the context otherwise requires — 
 The expression " election" means the election of a member or members to 
 serve in Parliament : 
 
 («0 See pp. 14"), 190, xupra. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 333 
 
 The expression " election petition " means a petition presented in pursuance 
 of the Parliamentary Elections Act, 1868, as amended by this Act : 
 
 The expression " election court " means the judges presiding at the trial of an 
 election petition, or, if the matter comes before the High Court, that court : 
 
 The expression "Election Commissioners" means commissioners appointed 
 in pursuance of the Election Commissioners Act, 1852, and the enactments 
 amending the same : 
 
 The expression "High Court" means Her Majesty's High Court of Justice 
 in England : 
 
 The expressions "court of summary jurisdiction," " petty sessional court," 
 and "Summary Jurisdiction Acts" have the same meaning as in the 
 Summary Jurisdiction Act, 1879 : 
 
 The expression ' ' the Attorney General " includes the Solicitor General in 
 cases where the office of the Attoi-ney General is vacant or the Attorney 
 General is interested or otherwise unable to act : 
 
 The expression " registration officer " means the clei-k of the peace in a 
 county, and the town clerk in a borough, as respectively defined by the 
 enactments relating to the registration of parliamentary electors : 
 
 The expression " Sector " means any person whose name is for the time being 
 on the register roll or book containing the names of the persons entitled 
 to vote at the election with I'eference to which the expression is used : 
 
 The expression " register of electors " means the said register roll or book : 
 
 The expression " polling agent " means an agent of the candidate appointed 
 to attend at a polling station in pursuance of the Ballot Act, 1872, or of the 
 Acts therein referred to or amending the same : 
 
 The expression " person " includes an association or body of persons, corporate 
 or unincorporate, and whei'e any act is done by any such association or 
 body, the members of such association or body who have taken part in the 
 commission of such act shall be liable to any fine or punishment imposed 
 for the same by this Act : 
 
 The expression " committee room " shall not include any house or room 
 occupied by a candidate at an election as a dwelling, by reason only of the 
 candidate there transacting business with his agents in relation to such 
 election ; nor shall any room or building be deemed to be a committee 
 room for the purposes of this Act by reason only of the candidate or any 
 agent of the candidate addressing therein electors, committeemen, or others : 
 
 The expression ' ' public office " (n) means any office under the Crown or under 
 the charter of a city or municipal borough or under the Acts relating to 
 Municipal Corporations or to the Poor Law, or under the Elementary 
 Education Act, 1870, or under the Public Health Act, 1875, or under any 
 Acts amending the above-mentioned Acts, or under an}' other Acts for th& 
 time being in force (whether passed before or after the commencement of 
 this Act) relating to local governm.ent, whether the office is that of mayor, 
 chairman, alderman, councillor, guardian, member of a board, commission, 
 or other local authority in any county, city, borough, union, sanitary 
 district, or other area, or is the office of clerk of the peace, town clerk, 
 clerk or other officer under a council, board, commission, or other authority, 
 or is any other office, to which a person is elected or appointed under any 
 such character or Act as above-mentioned, and includes any other 
 mimicipal or parochial office; and the expressions "election," "elec- 
 tion petition," "election court," and " register of electors," shall, where 
 expressed to refer to an election for any such public office, be construed 
 accordingly : 
 
 The expression " judicial office " (n) includes the office of justice of the peace 
 and revising barrister : 
 
 The expression " personal expenses " as used with respect to the expenditure 
 of any candidate in relation to any election includes the reasonable 
 travelling expenses of such candidate, and the reasonable expenses of his 
 living at hotels or elsewhere for the purposes of and in relation to such 
 election : (o) 
 
 («) See p. 188, supra. (n) See p. 137, SKj'm. 
 
334 APPENDIX II. 
 
 The expression "indictment" includes information : 
 The expression "costs" includes costs, charges, and expenses: 
 The expression " payment " {p) includes any pecuniary or other reward ; and 
 the expressions "pecuniary 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 : 
 The expression " Licensing Acts" means the Licensing Acts, 1872 to 1874 : 
 Other expressions have the same meaning as in the Corrupt Practices 
 Prevention Acts {p). 
 
 Short Titles. 
 
 65. — (1.) The enactments described in the Third Schedule to this Act are in 
 this Act referred to as the Corrupt Practices Prevention Acts. 
 
 (2.) The Acts mentioned in the Fourth Schedule to this Act are in this Act 
 referred to and may be cited respectively by the short titles in that behalf in 
 that schedule mentioned. 
 
 (3.) This Act may be cited as the Corrupt and Illegal Practices Prevention 
 Act, 1883. 
 
 (4.) This Act and the Corrupt Practices Prevention Acts may be cited 
 together as the Corrupt Practices Prevention Acts, 1854 to 1883. 
 
 Repeal of Acts. 
 
 66. The Acts set forth in the Fifth Schedule to this Act are hereby repealed 
 as from the commencement of this Act to the extent in the third column of 
 that schedule mentioned, provided that this repeal or the expiration of any 
 enactment not continued by this Act shall not revive any enactment which at 
 the commencement of this Act is repealed, and shall not affect anything duly 
 done or suffered before the commencement of this Act, or any right acquired or 
 accrued or any incapacity incui-red before the commencement of this Act, and 
 any person subject to any incapacity under any enactment hereby repealed or 
 not continued shall continue subject thereto, and this Act shall apply to him as 
 if he had become so subject in pursuance of the provisions of this Act. 
 
 Commencement of Ad. 
 
 67. This Act shall come into operation on the fifteenth day of October one 
 thousand eight hundred and eighty-three, which day is in this Act referred to 
 as the commencement of this Act. 
 
 Application of Act to Scotland. 
 
 68. This Act shall apply to Scotland, with the following modifications : 
 (1.) The following expressions shall mean as follows : 
 
 The expression " misdemeanor " shall mean crime and offence : 
 
 The expression " indictment" shall include criminal letters : 
 
 The expression " solicitor" shall mean enrolled law agent: 
 
 The expression "revising barrister " shall mean sheriff : 
 
 The expression " barrister" shall mean advocate : 
 
 The expression " petty sessional court" shall mean sheriff court: 
 
 The expression "quarter sessions " shall mean the Court of Justiciary : 
 
 The expression "registration ofiicer" shall mean an assessor under the 
 
 enactments relating to the registration of parliamentary voters : 
 The expression " municipal borough " shall include royal burgh and burgh of 
 
 regality and burgh of barony : 
 The expression "Acts relating to municipal corporations" shall include the 
 
 General Police and Improvement (Scotland) Act, 1862, and any other Act 
 
 relating to the constitution and government of burghs in Scotland ; 
 The expression " mayor " shall mean provost or chief magistrate : 
 
 (p) See p. ICo, siijira. 
 
STATUTES. CORRUPT PRACTICES ACT, 1883. 335 
 
 The expression " alderman " shall mean bailie: 
 
 The expression "Summary Jurisdiction Acts" shall mean the Summary- 
 Jurisdiction (Scotland) Acts, 1864 and 1881, and any Acts amending the 
 same. 
 
 (2.) The provisions of this Act with respect to polling districts and the 
 expenses of dividing a county or borough into polling districts shall not apply 
 to Scotland. 
 
 (3.) The provisions respecting the attendance at the trial of an election peti- 
 tion of a representative of the Director of public prosecutions shall not apply 
 to Scotland, and in place thereof the following provisions shall have effect : 
 
 (a) At the trial of every election petition in Scotland Her Majesty's advocate 
 
 shall be represented by one of his deputies or by the procurator-fiscal 
 of the sheriff court of the district, who shall attend such trial as part of 
 his official duty, and shall give all necessary assistance to the judge 
 with respect to the citation of witnesses and recovery of documents : 
 
 (b) If the judge shall grant a warrant for the apprehension, commitment, or 
 
 citation of any person suspected of being guilty of a corrupt or illegal 
 practice, the case shall be reported to Her Majesty's advocate in order 
 that such person may be brought to trial before the High Court of 
 Justiciary or the sheriff, according to the nature of the case : 
 (o) It shall be the duty of the advocate depute or, in his absence, the procu- 
 rator-fiscal, if it appears to him that a corrupt or illegal practice within 
 the meaning of this Act has been committed by any person who has 
 not received a certificate of indemnity, to report the case to Her 
 Majesty's advocate in order to such person being brought to trial before 
 the proper court, although no warrant may have been issued by the 
 judge. 
 (4.) The jurisdiction of the High Court of Justice under this Act shall, in 
 Scotland, be exercised by one of the Divisions of the Court of Session, or by a 
 judge of the said court to whom the same may be remitted by such division, 
 and subject to an appeal thereto, and the Court of Session shall have power to 
 make Acts of sederunt for the purposes of this Act. 
 
 (5.) Court of Oyer and Terminer shall mean a circuit court of Justiciary, and 
 the High Court of Justiciary shall have powers to make acts of adjournal 
 regulating the procedure in appeals to the circuit court under this Act. 
 
 (6.) All offences under this Act punishable on summary conviction may be 
 prosecuted in the sheriff court in manner provided by the Summary Jurisdiction 
 Acts, and all necessary jurisdictions are hereby conferred on sheriffs. 
 
 (7.) The authority given by this Act to the Director of public prosecutions in 
 England shall in Scotland be exercised by Her Majesty's advocate, and the 
 reference to the Prosecution of Offences Act, 1879, shall not apply. 
 
 (8.) The expression " Licensing Acts" shall mean "the Public Houses Acts 
 Amendment (Scotland) Act, 1862," and "The Publicans' Certificates (Scotland) 
 Act, 1876," and the Acts thereby amended and therein recited. 
 
 (9.) The expression "register of licences" shall mean the register kept in 
 pursuance of section twelve of the Act of the ninth year of the reign of Eing 
 George the Fourth, chapter fifty-eight. 
 
 (10.) The references to the Public Health Act, 1875, and to the Elementary 
 Education Act, 1870, shall be construed to refer to the Public Health (Scotland) 
 Act, 1867, and to the Elementary Education (Scotland) Act, 1872. 
 
 (11.) Any reference to the Parliamentary Elections Eeturning Officers Act, 
 1875, shall not apply. 
 
 (12.) The provision with respect to the registration oflScer sending the corrupt 
 and Ulegal practices list to overseers and the dealing with such list by overseers 
 shall not apply, and in lieu thereof it is hereby enacted that the assessor shall 
 in counties include the names of such persons in the list of persons who have 
 become disqualified, and in boroughs shall omit the names of such persons from 
 the list of persons entitled to vote. 
 
 (13.) The power given by this Act to the Lord Chancellor in England shall 
 in Scotland except so far as relates to the justices of the peace be exercised by 
 the Lord Justice General. 
 (14.) Any reference to the Attorney-General shall refer to the Lord Advocate. 
 
336 APPENDIX II. 
 
 (15.) Tlie provisions witli respect to the removal of cases to th.e Central 
 Criminal Court or to the trial of cases at the Eoyal Courts of Justice shall not 
 apply. 
 
 (16.) Section thirty-eight of the County Voters Eegistration (Scotland) Act, 
 1861, shall be substituted for section ninety-seven of the Parliamentary 
 Eegistration Act, 1843, where reference is made to that section in this Act. 
 
 (17.) The provision of this Act with regard to costs shall not apply to 
 Scotland, and instead thereof the following provision shall have eHect : 
 
 The costs of petitions and other proceedings under the Parliamentary 
 Elections Act, 1868, and under this Act, shall, subject to any regulations 
 which the Court of Session m.ay make by act of sederunt, be taxed as nearly 
 as possible according to the same principles as costs between agent and 
 client are taxed in a cause in that court, and the auditor shall not allow 
 any costs, charges, or expenses on a higher scale. 
 
 Application of Act to Ireland. 
 
 69. This Act shall apply to Ireland, with the following modifications : 
 
 (1.) No person shall be tried for any ofience against this Act under any of the 
 provisions of the Prevention of Ci-ime (Ireland) Act, 1882." 
 
 (2.) The expression " Summary Jurisdiction Acts " means, with reference to 
 the Dublin Metropolitan Police District, the Acts regulating the powers 
 and duties of justices of the peace and of the police in such district ; and 
 with reference to other parts of Ireland means the Petty Sessions 
 (Ireland) Act, 1851, and any Acts amending the said Act. 
 
 (3.) Section one hundred and three of the Act of the session of the thirteenth 
 and fourteenth years of the reign of Her present Majesty, chapter sixty- 
 nine, shall be substituted for section ninety-seven of the Parliamentary 
 Eegistration Act, 1843, where reference is made to that section in 
 this Act. 
 
 (4.) The provision with respect to the registration officer sending the corrupt 
 and illegal practices list to overseers and the dealing with such list by 
 overseers shall not apply, and in lieu thereof, it is hereby enacted that 
 the registration officer shall, after making out such list, himself publish 
 the same in the manner in which he publishes the lists referred to in 
 the twenty-first and the thirty-third sections of the Act of the session of 
 the thirteenth and fourteenth years of the reign of Her present Majesty, 
 chapter sixty-nine ; and shall also in the case of every person in the 
 corrupt and illegal practices list enter " objected to " against his name 
 in the register and Usts made out by such registration officer in like 
 manner as he is by law required to do in other cases of disqualification. 
 
 (5.) The Supreme Court of Judicature in Ireland shall be substituted for the 
 Supreme Court of Judicature. 
 
 (6.) The High Court of Justice in Ireland shall be substituted for the High 
 Court of Justice in England. 
 
 (7.) The Lord High Chancellor of Ireland shall be substituted for the Lord 
 High Chancellor of Great Britain. 
 
 (8.) The Attorney- General for Ireland shall be substituted for the Director of 
 Public Prosecutions, and the reference to the Prosecution of the Offences 
 Act, 1879, shall not apply. 
 
 (9.) The provisions of this Act relative to polling districts shall not apply to 
 Ireland, but in the county of the town of Galway there shall be a 
 polling station at Barna, and at such other places within the parliamen- 
 tary borough of Galwaj' as the town commissioners may appoint. 
 
 (10.) Any reference to Part IV. of the Municipal Corporations Act, 1882, 
 shall be construed to refer to the Corrupt Practices (Municipal Elections) 
 Act, 1872. 
 
 (11.) Any reference to the Licensing Acts shall be construed to refer to the 
 Licensing Acts (Ireland), 1872 — 1874. 
 
 (12.) The Public Health (Ireland) Act, 1878, shaU be substituted for the 
 Public Health Act, 1875. 
 
STATUTES. COR. PRAC. ACT, 1883. SCH. 1, PTS. I. & 11. 337 
 
 (13.) The provisions with respect to the removal of cases to the Central 
 Criminal Court, or to the trial of cases at the Eoyal Courts of Justice, 
 shall not apply to Ireland. 
 
 Continuance. 
 
 70. This Act shaU continue in force until the thirty-first day of Decemher 
 one thousand eight hundred and eighty-four, and no longer, unless continued 
 by Parliament ; and such of the Corrupt Practices Prevention Acts as are 
 referred to in Part One of the Thii'd Schedule to this Act shall continue in force 
 until the same day, and no longer, unless continued by Parliament (x). 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 Part I. — Pebsons Legally Employed tob, Payment (2/). 
 « 
 
 (1.) One election agent and no more. 
 
 (2.) In counties one deputy election agent (in this Act referred to as a 
 sub-agent) to act within each polling district and no more (2). 
 
 (3.) One polling agent in each polling station and no more. 
 
 (4.) In a borough one clerk and one messenger, or if the number of electors 
 in the borough exceeds five hundred, a number of clerks and messengers not 
 exceeding in number one clerk and one messenger for every complete five 
 hundred electors in the borough, and if there is a number of electors over and 
 above any complete five hundred or complete five hundreds of electors, then one 
 clerk and one messenger may be employed for such number, although not 
 amounting to a complete five hundred. 
 
 (5.) In a county for the central committee room one clerk and one messenger, 
 or if the number of electors in the county exceeds five thousand, then a number 
 of clerks and messengers not exceeding in number one clerk and one messenger 
 for every complete five thousand electors in the county; and if there is a 
 number of electors over and above any complete five thousand or complete five 
 thousands of electors, then one clerk and one messenger may be employed for 
 such number, although not amounting to a complete five thousand. 
 
 (6.) In a county a number of clerks and messengers not exceeding in number 
 one clerk and one messenger for each polling district in the county, or where 
 the number of electors in a polling district exceeds five hundred one clerk and 
 one messenger for every complete five hundred electors in the polling district, 
 and if there is a number of electors over and above any complete five hundred 
 or complete five hundreds of electors, then one clerk and one messenger may be 
 employed for such number, although not amounting to a complete five hundred: 
 Provided always, that the number of clerks and messengers so allowed in any 
 county may -be employed in any polling district where their services may be 
 requu-ed. 
 
 (7.) Any such paid election agent, sub-agent, polling agent, clerk, and 
 messenger may or may not be an elector, but may not vote (a). 
 
 (8.) In the case of the boroughs of East Retford, Shoreham, Oricklade, Much 
 Wenlock, and Aylesbury, the provisions of this part of this schedule shall apply 
 as if such borough were a county (i). 
 
 Part II.— Legal Expenses in Addition to Expenses undeb Pabt I. (c). 
 
 (1.) Sums paid to the returning oflBcer for his charges not exceeding the 
 amount authorised by the Act 38 & 39 Vict. c. 84. 
 
 (S!) The Act has been continued from (a) See pp. 47, 53, mpra. 
 
 year to year by the Expiring Laws (h) See p. 57, mpra. 
 
 Continuance Acts. (c) See pp. 53, 54, 61, 170, 171, 172, 
 
 (;/) See pp. 53, 57, llO, 144, 172, mpra. 175, su])ru. 
 
 (-i See p. 57, mpra. 
 
 L.E. Z 
 
338 APPENDIX II. 
 
 (2.) Tlie personal expenses of the candidate. 
 
 (3.) The expenses of printing, the expenses of advertising, 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 expenses of one committee room and if the number of 
 electors in the borough exceeds five hundred then of a number of committee 
 rooms not exceeding the number of one committee room for every complete five 
 hundred electors in the borough, and if there is a number of electors over and 
 above any complete five hundred or complete five hundreds of electors, then of 
 one committee room for such number, although not amountiug to a complete 
 five hundred. 
 
 (7.) In a county the expenses of a central committee room, and in addition 
 of a number of committee rooms not exceeding in number one committee room 
 for each polling district in the county, and where the number of electors in a 
 polling district exceeds five hundred one additional committee room may be 
 hired for every complete five hundred electors in such polling district over and 
 above the first five hundred. 
 
 Part III. — Maximum foe Miscellaneous Matters, 
 
 Expenses in respect of miscellaneous matters other than those mentioned in 
 Part I. and Part II. of this schedule not exceeding in the whole the maximum 
 amount of two hundred pounds, so nevertheless that such expenses are not 
 incurred in respect of any matter or in any manner constituting an offence 
 under this or any other Act, or in respect of any matter or thing, payment for 
 which is expressly prohibited by this or any other Act. 
 
 Paet IV. — Maximum Scale. 
 
 (1.) In a borough the expenses mentioned above in Parts I., II., and III. of 
 this schedule, other than personal expenses and sums paid to the returning 
 ofiioer for his charges, shall not exceed in the whole the maximum amount in 
 the scale following : 
 If the number of electors on the The maximum amount shall be — 
 register — 
 Does not exceed 2,000 . . £350. 
 
 Exceeds 2,000 . . . £380, and an additional £30 for every 
 
 complete 1,000 electors above 2,000. 
 Pi'ovided that in Ireland if the number 
 
 of electors on the register — The maximimi amount shall be — 
 
 Does not exceed 500 . . £200. 
 Exceeds 500, but does not 
 
 exceed 1,000 . . . £230. 
 Exceeds 1,000, but does not 
 
 exceed 1,500 . . . £275. 
 (2,) In a county the expenses mentioned above in Parts I., II., and HE. of 
 this schedule, other than personal expenses and sums paid to the returning 
 officer for his charges, shall not exceed in the whole the maximum amount in 
 the scale following : 
 If the number of electors on the The maximum amount shall be — 
 register — 
 
 Does not exceed 2,000 . . £650 in England and Scotland, and 
 
 £500 in Ireland. 
 Exceeds 2,000 . . . £710 in England and Scotland, and 
 
 £540 in Ireland ; and an additional 
 £60 in England and Scotland, and 
 £40 in Ireland, for every complete 
 1,000 electors above 2,000. 
 
STATUTES. COR. PRAC. ACT, 1883. SCH. 1, PT. V. 339 
 
 Part V. — Generai. 
 
 (1.) In the case of the boroughs of East Eetford, Shoreham, Oricklade, Much 
 Wenlock, and Aylesbury, the provisions of Parts II., III., and IV. of this 
 schedule shall apply as if such borough were a county. 
 
 (2.) For the purposes of this schedule the number of electors shall be taken 
 according to the enumeration of the electors in the register of electors. 
 
 (3.) Where there are two or more joint candidates at an election the maximum 
 amount of expenses mentioned in Parts III. and IV. of this schedule shall, for 
 each of such joint candidates, be reduced by one-fourth, or it there are more 
 than two joint candidates by one-third. 
 
 (4.) Where the same election agent is appointed by or on behalf of two more 
 candidates at an election, or where two or more candidates, by themselves or 
 any agent or agents, hire or use the same committee rooms for such election, 
 or employ or use the services of the same sub-agents, clerks, messengers, or 
 polling agents at such election, or publish a joint address or joint circular or 
 notice at such election, those candidates shall be deemed for the purposes of this 
 enactment to be joint candidates at such election (d). 
 
 Provided that— " 
 
 (a) The employment andjise of the same committee room, sub-agent, clerk, 
 
 messenger, or polling agent, if accidental or casual, or of a trivial and 
 imimportant character, shall not be deemed of itself to constitute persons 
 joint candidates. 
 
 (b) Nothing in this enactment shall prevent candidates from ceasing to be 
 
 joint candidates. 
 ifi) WTiere any excess of expenses above the maximiam allowed for one of 
 two or more joint candidates has arisen owing to his having ceased to 
 be a joint candidate, or to his having become a joint candidate after 
 having begun to conduct his election as a separate candidate, and such 
 ceasing or beginning was in goodfaith,'and such excess is not more than 
 under the ciroiunstances is reasonable, and the total expenses of such 
 candidate do not exceed the maximum amount allowed for a separate 
 candidate, such excess shall be deemed to have arisen from a reasonable 
 cause within the meaning of the enactments respecting the allowance 
 by the High Court or election court of an exception from the provisions 
 of this Act which would otherwise make an act an illegal practice, and 
 the candidate and his election agent may be relieved accordingly from 
 the consequences of having incurred such excess of expenses (e). 
 
 SECOND SCHEDULE. 
 Part I.— Form of Declaration as to Expenses (/). 
 
 Form for Candidate. 
 
 I , having been a candidate at the election for the county [or borough] 
 
 of on the day of , do hereby solemnly and sincerely declare 
 
 that I have examined the return of election expenses [about to be] transmitted 
 by my election agent [or if the candidate is his 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 association, has, on my behalf, made any payment, or 
 given, promised, or offered any reward, office, 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 oivn election agent, leave out " to my election 
 
 {d) See p. 147, supra. (/) See pp. 134, 187, supr 
 
 (e) See p. 65, siqira. 
 
 •a. 
 
 z 2 
 
340 APPENDIX II. 
 
 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 ia the hands of my election agent [or if the candi- 
 date is his own election agent, myself] or any other person for the purpose of 
 defraymg 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 ajiy future time make or be party to the making 
 or giving of, any payment, reward, office, employment, or valuable considera- 
 tion 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 pui-pose of defi'aying any such expenses. 
 
 Signature of declarant CD. 
 
 Signed and declared by the above-named declarant on the day of , 
 
 before me. 
 
 (Signed) E.P. 
 
 Justice of the Peace for 
 
 Form for Election Agent. 
 
 I, , being election agent to , candidate at the election for the 
 
 county [or borough] of , on the day of , do hereby solemnly 
 
 and sincerely declare that I have examined the retui-n of election expenses about 
 to be transmitted by me to the returning officer at the said election, and now 
 shown to me and marked , and to the best of my knowledge and behef 
 
 that return is correct ; 
 
 And I hereby further solemnly and sincerely declare that, except as appears 
 from that return, I have not and to the best of my knowledge and belief 
 no other person, nor any club, society, or association has on behalf of the said 
 candidate made any payment, or given, promised, or ofiered any reward, office, 
 employment, or valuable consideration, or incun-ed any liability on account of 
 or m 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 
 m.oney, security, or equivalent for money has been paid, advanced, given, or 
 deposited by anyone to me or in my hands, or, to the best of my knowledge and 
 belief, to or in the hands of any other person for the purpose of defraying any 
 expenses incurred on behalf of the said candidate on account of, or in respect of 
 the conduct or management of the said election. 
 
 Signature of declarant A.B. 
 
 Signed and declared by the above-named declarant on the day of , 
 
 before me. 
 
 (Signed) E.P. 
 
 Justice of the Peace for 
 
 PORM OF EeTTJEN OP ELECTION EXPENSES. 
 
 I, A.B., being election agent to CD., candidate at the election for the county 
 [or borough] of on the day of , make the following return 
 
 respecting election expenses of the said candidate at the said election [or where 
 the candidate has named himself as election agent, " I, CD., candidate at the 
 election for the county [or borough] of on the day of , 
 
 acting as my own election agent, make the following return respecting my 
 election expenses at the said election "]. 
 
 Receipts. 
 
 Eeceived of [the alove-named candidate'] [or where the candidate is his\f 
 
 own election agent, "'Paid hy ■me"] J"' 
 
 Eeceived of J.K £ , 
 
 [Here set out the name and description of every j^erson, chih, society, or 
 
STATUTES. COR. PRAC. ACT, 1883. SCH. 2, PT. I. 341 
 
 association, whether the candidate or not, from whom ani/inoi>ei/, securities, 
 or equivalent of money luas received in respect of expenses incurred on account 
 iif or in connection with or incidental to the cibove election, and the amount 
 received from each person, club, society, oi- association sepnrately.^ 
 
 Expenditure. 
 
 Paid to E.F., the returning officer for the said county [or borough] for) ,. 
 
 his charges at the said election ... . . . ) 
 
 Personal expenses of the said O.D., paid by himself [or if the candidate ) ,. 
 
 is his own election agent, " Paid by me as candidate "] . . .1 
 Do. do. paid by me [or if the candidate is his own \ ,, 
 
 etoi'ora a(/eni!, adtZ " acting as election agent "] . . . .) 
 
 Eeceived by me for my services as election agent at the said election [nr / j, 
 
 if the candidate is his own election agent, leave out this ifeml . • i 
 Paid to G.H. as sub-agent of the polling district of . . £ 
 
 [The name and demription of each sub-agent and the sum paid to him must 
 
 he set out separately.'] 
 Paid to as polling agent . . . . . . £ 
 
 Paid to as clerk for days services . . . £ 
 
 Paid to as messenger for days services . ... £ 
 
 [The names and descriptions of every iiolling agent, clerh, anil messenger, 
 and the sum paid to each, must he set out separately either in the 
 account or in a separate list annexed to and referred to in the account, 
 thus, " Paid to polling agents (or as the case may he) as per annexed 
 list £ ."] 
 
 Paid to the following persons in respect of goods supplied or work and 
 labour done : 
 To P.Q,. (printing) . . ... . £ 
 
 To M.N. (advertising) . ... . £ 
 
 ToE.S. (stationery) . . . . . . £ 
 
 ['The name and description of each person, and the nature of the goods 
 supplied, or the loorh and labour done by each, must be set out separately 
 either in the account or in a separate list annexed to anil referred to in 
 the account.'] 
 
 Paid for postage ... £ 
 
 Paid for telegrams £ 
 
 Paid for the hii'e of rooms as follows : — 
 
 For holding public meetings ....... £ 
 
 For committee rooms . . £ 
 
 [A room hired for a public meeting or for a committee room must be 
 named or described so as to identify it ; and the name and description of 
 every person to whom any payment was made for each such room, together 
 ivith the amount paid, must be set out separately either in the account or in 
 a separate list annexed to and referred to in the account.] 
 
 Paid for miscellaneous matters, namely — £ 
 
 [The name and description of each pei'son to xvhom any sum is paid, and 
 the reason for ivhich it loas paid to him, must be set out separately either 
 in the account vr in a separate list annexed to and referred to in the 
 account] 
 
 In addition to the above, I am aware, as election agent for CD., [or 
 ■if the candidate is his oiun. election agent, leare out " a,s election agent 
 for CD."] of the following disputed and unpaid claims ; namely, — 
 Disputed claims. 
 
 ByT.U. for . £ 
 
 [Here set out the name and descripition of each persmi whose claim is 
 disputed, the amount of the claim, and the goods, -worJc, or other matter 
 «ii the ground of which the claim is based.] 
 
342 
 
 APPENDIX II. 
 
 Unpaid claims allowed by the High Coui-t 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. 
 
 ByM.O. for £ 
 
 [Here state the name and description of each persmi 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 due.] 
 
 (Signed) A.B. 
 
 Paet II. — Poem op Declaration as to Expenses. 
 
 Form for Candidate ivhere 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 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 fuT'ther solemnly and sincerely declare that [or with the exception of 
 ] I have not paid any money or given any security or equivalent for 
 money to the person acting as my election agent at the said election, or to any 
 other person, club, society, or association on account of or in respect of the 
 conduct or management of the said election, and that [or with the exception of 
 ] I am entirely ignorant of any money security or equivalent for money 
 having been paid, advanced, given, or deposited by anyone for the purpose of 
 defraying any expenses incurred on account of or in respect of the conduct or 
 management of the said election. 
 
 And I further solemnly and sincerely declare that I will not, except so far as 
 I may be permitted by law, at any future time make or be party to the making 
 or giving of any payment, reward, office, 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 CD. 
 
 Signed and declared by the above-named declarant on the day of 
 
 , before me. (Signed) E.F. 
 
 Justice of the Peace for 
 
 THIED SCHEDULE. 
 CoERTjPT Practices Prevention Acts. 
 
 Session and Chapter. 
 
 Title of Act. 
 
 Enactments referred to as 
 
 being tlie Corrupt Pi-actices 
 
 Pi-evention Acts. 
 
 17 & 18 Vict. c. 102. 
 26 & 27 Vict. c. 29. 
 
 31 & 32 Vict. c. 125. 
 35 & 36 Vict. c. 33. 
 42 & 43 Vict. c. 75. 
 
 Part I. — Temporary. 
 
 The Corrupt Practices Prevention Act 
 1854. 
 
 An Act to amend and continue the 
 law relating to corrupt practices at 
 elections of membei's of Parlia- 
 ment. 
 
 The Parliamentary Elections Act. 
 1868. 
 
 The BaUot Act, 1872 .... 
 
 The Parliamentary Elections and 
 Corrupt Practices Act, 187U. 
 
 The whole Act so far as 
 
 unrepealed. 
 The whole Act so far as 
 
 unrepealed. 
 
 The whole Act so far as 
 unrepealed. 
 
 Part 111. so far as unre- 
 pealed. 
 
 The whole Act so far as 
 unrepealed. 
 
STATUTES. COR. PRAC. ACT, 1883. SCH. 3, PTS. II. & III. 34.? 
 
 Session and Chapter. 
 
 Title of Act. 
 
 Enactments referred to as 
 
 being the Corrupt Practices 
 
 Prevention Acts. 
 
 30 & 31 Vict. c. 102. 
 
 31 k 32 Vict. u. 48. 
 31 & 32 Vict. c. 49. 
 44 & 45 Vict. c. 40. 
 
 Part II. — PEBM^iNENT. 
 
 The Eepresentation of the People Act, 
 1867. 
 
 The Eepresentation of the People 
 (Scotland) Act, 1868. 
 
 The Representation of the People 
 (Ireland) Act, 1868. 
 
 The Universities Elections Amend- 
 ment (Scotland) Act, 1 881. 
 
 Sections eleven, fortj- 
 nine, and iifty. 
 
 Sections eight and forty- 
 nine. 
 
 Sections eight and thir- 
 teen. 
 
 Sub-section seventeen of 
 section two. 
 
 Part III. — EsTACTMENTa defining the Offences of Bribery and 
 Personation ((/). 
 
 The Corrupt Practices Prevention Act, 1854 (17 & 18 Vict. c. 102, ss. 2, 3). 
 
 Bribery defined. 
 
 Sect. 2. The following persona shall be deemed guilty of bribeiy, and shall be 
 punishable accordingly : — 
 
 (1.) Every person -wbo shall, directly or indirectly, by bimself, or by any 
 other person on his behalf, give, lend, or agree to give or lend, or shall 
 offer, promise, or promise to procure or to endeavour to procure, any 
 money or valuable consideration to or for any voter, or to or for any 
 person on behalf of any voter, or to or for any other person in order to 
 induce any voter to vote or refrain from voting, or shall corruptly do 
 any such act as aforesaid on 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 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, dii-ectly or indirectly, by himself, or by any 
 other person on his behalf, make any such gift, loan, offer, promise, pro- 
 curement, or agreement as aforesaid to or for any person, in order to 
 induce such person to procure or endeavour to procure the return of 
 any person to serve in Parliament, or the vote of any voter at any 
 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 expended in bribery at any election, or who 
 shaU. knowingly pay or cause to be paid any money to any person in 
 discharge or repayment of any money whoUy or in part expended in 
 bribery at any election. Provided always, that the aforesaid enact- 
 ment shall not extend or be construed to extend to any money paid or 
 agreed to be paid for or on account of any legal expenses bona fide 
 incurred at or concerning any election. 
 
 (jH) See pp. 90, 134, siq'ra. 
 
344 APPENDIX II. 
 
 Bribery further defined. 
 
 Sect. 3. The following persons shall also be deemed guilty of bribery, and shall 
 be punishable accordingly : — 
 
 (1 .) Every voter who shall, before or during any election, directly or indirectly, 
 by himself or by any other person on his behalf, receive, agree, or con- 
 tract for any money, gift, loan, or valuable consideration, oflB.ce, place, 
 or employment, for himself or for any other person, for voting or 
 agreeing to vote, or for refraining or agreeing to refrain from voting at 
 any election : 
 
 (2.) Every person who shall, after any election, directly or indirectly, by 
 himself or by any other person on his behalf, receive any money or 
 valuable consideration on account of any person having voted or refrained 
 from voting, or having induced any other person to vote or refrain from 
 voting at any election. 
 
 Eepresentation of the People Act, 1867 (30 & 31 Vict. c. 102), s. 49. 
 Con-apt payment of rates to he punishable as bribery. 
 
 Any person, either directly or indirectly, corruptly paying any rate on behalf 
 of any ratepayer for the purpose of enabling him to be registered as a voter, 
 thereby to influence his vote at any future election, and any candidate or other 
 person, either directly or indirectly, paying any rate on behalf of any voter for 
 the purpose of inducing him to vote or refrain from voting, shall be guilty of 
 bribery, and be punishable accordingly ; and any person on whose behalf and 
 with whose privity any such payment as in this section is mentioned is made, 
 shall also be guil%^ of briberj', and punishable accordingly. 
 
 Eepresentation of the People (Scotland) Act, 1868 (31 & 32 Vict, 
 c. 48), s. 49. 
 
 Corrupt payment of rates to be punishable as bribery. 
 
 Any person, either directly or indirectly, corruptly paying any rate on behaU 
 of any ratepayer for the purpose of enabling him to be registered as a voter, 
 thereby to influence his vote at any future election, and any candidate or other 
 person, either directly or indirectly, paying any rate on behalf of any voter for 
 the purpose of inducing him to vote or refrain from voting, shall be guilty of 
 bribery, and be punishable accordingly ; and any person on whose behalf and 
 with whose privity any such payment as in this section mentioned is made shall 
 also be guilty of bribery, and punishable accordingly. 
 
 Universities Elections Amendment (Scotland) Act, 1881 (44 & 45 Vict, 
 
 c. 40), s. 2. 
 
 Corrupt payment of registration fee to be punishable as bribery. 
 
 17. Any person, either directly or indirectly, corruptly paying any fee for the 
 purpose of enabling any person to be registered as a member of the general 
 council, and thereby to influence his vote at any future election, and any 
 candidate or other person, either directly or indirectly, paying such fee on 
 behalf of any person for the pui-pose of inducing him to vote or to refrain 
 from voting shall be guilty of bribery, and shall be punishable accordingly ; 
 and any person on whose behalf and with whose privity any such payment as 
 in this section mentioned is made, shall also be guilty of bribery, and punishable 
 accordingly. 
 
 Ballot Act, 1872 (35 & 36 Vict. c. 33), s. 24. 
 
 Personation defined. 
 
 A person shall for all purposes of the laws relating to pai-Hamentary and 
 municipal elections be deemed to be guilty of the offence of personation who, 
 at an election for a county or borough, or at a municipal election, applies for a 
 
STATUTES. BANKRUPTCY ACT, 1883. 
 
 345 
 
 ballot paper in the name of some other person, whether that name be that of a 
 person living or dead, or of a fictitious person, or who, having voted once 
 at any such election, applies at the same election for a ballot paper in his 
 own name. 
 
 FOURTH SCHEDULE. 
 SnoET Titles. 
 
 Session and Chapter. 
 
 Long Title. 
 
 Sliovt Title. 
 
 15 & 16 Vict. c. 57. 
 
 26 & 27 Vict. c. 29. 
 
 An Act to provide for more effectual 
 inquiry into the existence of corrupt 
 practices at the election of members 
 to serve in Parliament. 
 An Act to amend and continue the 
 » law relating to corrupt practices at 
 elections of members of Parlia- 
 ment. 
 
 The Election Commis- 
 sioners Act, 1852. 
 
 The CoiTupt Practices 
 Prevention Act, 18i)3. 
 
 Bankruptcy Act, 1883. 
 46 & 47 Vict. c. 52. 
 
 Disqualifications of hankrupt. 
 
 32. — (1.) Where a debtor is adjudged bankrupt he shall, subject to the 
 provisions of this Act, be disqualified for — . . . 
 
 (b) Being elected to, or sitting or voting in, the House of Commons, or on 
 
 any committee thereof {It). 
 (2.) The disqualifications to which a bankrupt is subject under this section 
 ehaU be removed and cease if and when, — 
 
 (a) the adjudication of bankruptcy against him is annulled; or 
 (b; he obtains from the court his discharge with a certificate to the eSect 
 that his bankruptcy was caused by misfortune without any misconduct 
 on his part. 
 The court may grant or withhold such certificate as it thinks fit, but any refusal 
 of such certificate shall be subject to appeal (/t). 
 
 (.S.) The disqtialifications imposed by this section shall extend to all parts of 
 the United Kingdom (7i), 
 
 Vacating of seat in House vf Commons, 
 
 33. — (1.) If a member of the House of Commons is adjudged bankrupt, and 
 the disqualifications arising therefrom under this Act are not removed within 
 six months from the date of the order, the Court shall, immediately after the 
 •expiration of that time, certify the same to the Speaker of the House of Commons, 
 and thereupon the seat of the member shall be vacant (i). 
 
 Certificate to Speaker of the House of Commons under sect. 33. 
 {Title.) 
 
 In the matter of the said A.B., of , a bankrupt. 
 
 It is hereby certified by this court to the right honourable the Speaker of the 
 House of Commons that the said A.B. being a member of the Commons House 
 of Parliament, was by an order made by this Court on the day of 
 
 19 , adjudged a bankrupt. And that although six months have expired 
 
 (A) See pp. 1, 8, fupra. 
 
 Q) See p. 8, supra. 
 
346 APPENDIX 11. 
 
 since the date of the said order of adjudication was made, the said order of 
 adjudication hath not been annulled, nor have the debts of the creditors who 
 proved debts under the bankruptcy been fully paid or satisfied. 
 
 Certified under the seal of the Court this day of 19 
 
 By the Court, 
 
 Registrar. 
 
 (2.) Where the seat of a member so becomes vacant, the Speaker, during a 
 recess of the House, whether by prorogation or by adjournment, shall forthwith, 
 after receiving the certificate, cause notice thereof to be published in the London 
 Gazette ; and after the expiration of six days after the publication shall (unless 
 the House has met before that day, or will meet on the day of the issue), issue 
 his warrant to the Clerk of the Crown to make out a new writ for electing 
 another member in the room of the member whose seat has so become vacant (a). 
 
 (3.) The powers of the Act of the twenty-fourth year of the reign of King 
 George the Third, chapter twenty-six, " to repeal so much of two Acts made in 
 the tenth and fifteenth years of the reign of His present Majesty as authorises 
 the Speaker of the House of Commons to issue his wari-ant to the Clerk of the 
 Crown for making out writs for the election of members to serve in Parliament 
 in the manner therein mentioned ; and for substituting other provisions for the 
 like purposes," so far as those powers enable the Speaker to nominate and 
 appoint other persons, being members of the House of Commons, to issue 
 warrants for the making out of new writs during the vacancy of the ofiice of 
 Speaker or diu-ing his absence out of the realm, shall extend to enable him to 
 make the like nomination and appointment for issuing warrants, under the like 
 circumstances and conditions, for the election of a member in the room of any 
 member whose seat becomes vacant under this Act. 
 
 Officers. — Disahilitks of officers. 
 
 116. — (1 .) No registrar or other officer attached to any court having jurisdiction 
 in bankruptcy shall, during his continuance in office, be capable of being elected 
 or sitting as a member of the House of Commons (i). 
 
 Construction of former Acts, &c. — Construction of Acts mentioning commission 
 of hanlcruptcy , &c. 
 
 149. . . . (2.) Where by any Act or instrument, reference is made to the 
 Banki'uptcy Act, 1869, the Act or instrument shall be construed and have 
 effect as if reference were made therein to the corresponding provisions of this 
 Act. 
 
 Municipal Elections (Coeeupt ahd Illegal Peactices) Act, 1884(c). 
 
 47 & 48 Vict. c. 70. 
 
 An Act for the better Prevention of Corrupt and lUegal Practices at Municipal 
 and other Elections. [14th August 1884.] 
 
 Corrupt practices. 
 
 2. . . . (2.) A person who commits any corrupt practice in reference to a 
 niunicipal election shall be guilty of the like offence, and shall on conviction be 
 liable to the like punishment, and subj ect to the Kke incapacities, as if the corrupt 
 practice had been committed in reference to a parliamentary election (d). 
 
 (ff) See pp. 7, 8, sypra. ((t) See pp. 151, 156, 157, loS, supra, 
 
 (h) See p. 4, s«ji«-«. (,/) See pp. 5, l?; supru. 
 
STATUTES. MUNICIPAL &C. CORRUPT PRACTICES ACT, 1884. 347 
 
 Incapacity of candidate reported guiltij of corrupt practice. 
 
 3. — (1.) Where upon the trial of an election petition respecting a municipal 
 election for a borough or ward of a borough it is found by the report of an 
 election court made in pursuance of section ninety-three of the Municipal 
 Corporations Act, 1882, that any corrupt practice, other than treating and undue 
 influence, has been proved to have been committed in reference to such election 
 by or with the knowledge and consent of any candidate at such election, or that 
 the offence of treating or imdue influence has been proved to have been com- 
 mitted in reference to such election by any candidate at such election, that 
 candidate shall not be capable of ever holding a corporate ofiice in the said 
 borough, and if he has been elected his election shall be void ; and he shall 
 fmthev be subject to the same incapacities as if at the date of the said report ho 
 had been convicted of a coiTupt practice (c). 
 
 Punishment on conviction of illegal practice. 
 
 7. A person guilty of an illegal practice in reference to a municipal election, 
 shall on summary conviction be liable to a fine not exceeding one hundred 
 pounds and be incapable during a period of five years from the date of his con- 
 viction of being registered as an elector or voting at any election (whether it be 
 a parHamentary election or an election for a public office within the meaning of 
 this Act) held tor or within the "borough in which the illegal practice has been 
 committed [d). 
 
 Incapacity of candidate re^iorted guilty of illegal practice. 
 
 8. — (1.) An illegal jiractice within the meaning of this Act shall be deemed 
 to be an offence against Part Four of the Municipal Corporations Act, 1882, 
 and a petition alleging such illegal practice may be presented and tried 
 accordingly. 
 
 (2.) Upon the trial of an election petition respecting a municipal election for 
 a borough or ward of a borough in which a charge is made of any illegal practice 
 having been committed in reference to such election, the election court shall 
 report in writing to the High Court whether any of the candidates at such 
 election has been guilty by himself or his agents of an illegal practice in reference 
 to such election, and if the report is that a candidate at such election has been 
 guilty by himself or his agents of an illegal practice in reference to such election, 
 the candidate shall not be capable of being elected to or of holding any corporate 
 office in the said borough during the period for which he was elected to serve, or 
 for which if elected he might have served, and if he was elected, his election 
 shall be void ; and, if the report is that such candidate has himself been guilty 
 of such illegal practice, he shall also be subject to the same incapacities 
 as if at the date of the report he had been convicted of such illegal practice. 
 
 Elections (IIoues of Poll) xicr, 1885. 
 48 Vict. c. 10. 
 
 Au Act to extend the Hours of Polling at Parliamentary and Municipal 
 Elections. [28th April 1885.] 
 
 Hours of polling. 
 
 1. At eveiy parliamentary and every municipal election within the meaning 
 of this Act, the poll (if any) shall commence at eight o'clock in the forenoon, 
 and be kept open till eight o'clock in the afternoon of the same day and no 
 longer (e). 
 
 (e) See p. 5, supra. (c) See p. 23. supra. 
 
 (dj See p. 47, siipru. 
 
348 APPENDIX II. 
 
 Definitions. 
 8. In ttis Act — 
 
 The expression " parliamentary election " means an election for a county, 
 city, borough, place, or comhination of counties, cities, boroughs, and places 
 (not being any university or universities), which returns any knig:ht of the 
 shire or member to serve in Parliament, and where the same is divided for 
 the purpose of such return includes an election for such division : 
 The expression "municipal election" means an election of a councillor, 
 commissioner of police, or auditor, or (in Ireland) an alderman or any 
 commissioner, in any municipal borough or in any ward thereof : 
 The expression "municipal borough " means, — 
 
 As regards England, a borough subject to the Municipal Corporations 
 
 Act, 1882 ; and 
 As regards Scotland, a burgh or town which has a town council or police 
 
 commissioners ; and 
 As regards Ireland, a borough subject to the Act of the session of the third 
 and fourth years of the reign of Her present Ma,jesty, chapter one 
 hundred and eight, intituled " An Act for the Eegiilation of Municipal 
 Corporations in Ireland," and the Acts amending the same, and 
 includes a place subject to the Act of the ninth year of the reign of King 
 George the Fourth, chapter eighty-two, or the Towns Improvement 
 (Ireland) Act, 1854, or to any local Act providing for the election of 
 commissioners in any town or place for purposes similar to the pui'poses 
 of the above-mentioned Acts. 
 
 Repeal o/41 & 42 Vict. c. 4, Mid 47 <fc 48 Vict. c. 34, 
 
 3. Upon this Act coming into operation the Parliamentary Elections 
 (Metropolis) Act, 1878, and the Elections (Hours of Poll) Act, 1884, shall 
 he repealed, without prejudice to anything previously done in pursuance 
 thereof. 
 
 Short title. 
 
 4. This Act may be cited as the Elections (Hours of Poll) Act, 1885. 
 
 Commencement of Act. 
 
 5. This Act shall come into operation at this end of the present Parliament. 
 
 Eegisxiiation Act, 1885. 
 
 48 Vict. c. 15. 
 
 Provision as to double entries in horouglis. 
 
 5. — (2.) Where a parhamentarj"- borough is divided into divisions, and notwith- 
 standing the said provisions of the Parliamentary and Municipal Eegistration 
 Act, 1878, and this Act, the name of a person is entered in the register of 
 parliamentary voters in more than one division in the said parliamentary 
 borough without such note as above in this section mentioned, and one of 
 those entries is his place of abode, he shall be entitled to vote only in that 
 division in which he is registered as a voter in respect of his place of abode, and 
 shall not vote in respect of any other entry (d). 
 
 As to constitution of ^wiling districts. 
 
 13. — (1.) Where a jjarliamentary county is coextensive with or is comprised 
 within one county quarter sessional area, the court of county quarter sessions 
 having jurisdiction in that area shall be the local authority having power to 
 divide such parliamentary county into polling districts within the meaning of 
 the enactments relating to polling distriots((:i). 
 
 {fl) ISee p. 40, sujirci. 
 
STATUTES. REGISTRATION ACT, 1885. 349 
 
 (2.) Where a jarliamentary county extends into more county quarter sessional 
 areas than one, the court of county quarter sessions for the area which com- 
 prises the largest part in extent of such parliamentary county, shall be the 
 local authority having power to divide such parliamentary county into po llin g 
 districts. 
 
 (3.) Where a parliamentary county extends into more county quarter 
 sessional areas than one, the local authority having power to divide the said 
 county into polling districts shall have power to agree with any other court of 
 quarter sessions having jurisdiction in that area for the constitution of a joint 
 committee to take into consideration the division of such county into poUing 
 districts and assigning of polling places to such disti-icts, and shall, after 
 receiving the report of the said committee, make such order thereon as they may 
 think fit. 
 
 (4.) The local authority having power to divide any parliamentary county or 
 parliamentary borough into polling districts shall, not later than one month 
 after the passing of this Act, take into consideration the division of such county 
 or borough into poUmg districts, and, if necessary, in order to make the districts 
 conform with the enactments relating to the division of counties and boroughs 
 into polling districts, "fehall divide such county and borough, or any division of 
 such borough, anew into polling districts, and (in a county) assign polling 
 places to such districts, in such manner as shall make the districts so conform 
 with the said enactments, measuring the distance therein mentioned along the 
 nearest road, so as to meet the convenience of electors in recording their votes. 
 
 (5.) A court of general sessions shall, where necessary for the purposes of 
 this section, be assembled forthwith after the passing of this Act. 
 
 As to expenses in case of divided county jurisdiction. 
 
 14. — (1.) Where any expenses have been incurred, either by the court of 
 county quarter sessions of any county quarter sessional area in dividing a 
 parliamentary county into polling districts, or by the clerk of the peace of any 
 county quarter sessional area under the Parliamentary Registration Acts, or 
 this Act, and such expenses were incui-red partly in respect of a locality which 
 does, and partly in respect of a locality (whether a division, liberty, county of a 
 town, or other locality) which does not, contribute to the county rate levied by 
 the court of county quarter sessions of such county quarter sessional area, that 
 court shall apportion the expenses between the localities in the ratio, so nearly 
 as may be, which the number of registered voters in each locaKty for the time 
 being bear to each other, and the amount apportioned to any such non- 
 contributing locality shall be defrayed out of the county rate or rate in the 
 nature of a county rate levied in such locality ; and an order of the said court of 
 county quarter sessions, made on the treasurer or other officer receiving such 
 rate, shall be obeyed by and may be enforced against such treasurer, as if he 
 were the treasurer of the court of county quarter sessions making the order. 
 
 Definitions. 
 
 19. In this Act, unless the context otherwise requires, — 
 
 The expression "ownership voter" means a person entitled to vote in 
 respect of the ownership of property, whether of freehold, leasehold, or copyhold 
 tenure. 
 
 The expression " fifty pounds rental voter " means a person who on the sixth 
 day of December one thousand eight hundred and eighty-four was registered as 
 a voter for a county in pursuance of section twenty of the Reform Act, 1832, in 
 respect of the occupation of any land or tenement for which he was bona fide 
 liable to a yearly rent of not less than fifty pounds, and who continues by virtue 
 of section ten of the Representation of the People Act, 1884, to be entitled to be 
 registered as a voter in respect of such occupation. 
 
 The expression " occupation voter " means, as regards a parliamentary coimty, 
 a person entitled to vote in respect of any qualification conferred by the Repre- 
 sentation of the People Act, 1884, and as regards a, parliamentary borough 
 means a person entitled to vote in respect of p.ny quaKfication conferred hj 
 
•350 APPENDIX II. 
 
 section five of the Representation of the People Act, 1884, or in respect of a 
 household qualification or a lodger qualification as defined by that Act. 
 
 The expression " Parliamentary Registration Acts " means the Parliamentary 
 Registration Act, 1843, and the Parliamentary and Municipal Registration Act, 
 1878, inclusive of any Acts and enactments amending the said Acts, or otherwise 
 relating to revising barristers or to the registration of voters, and of any Acts 
 and enactments relating to rating in so far as they are auxiliary to or deal with 
 the registration of voters. 
 
 The expression " parliamentary county" means a county returning a member 
 or members to serve in Parliament, and where a county is divided for the 
 purpose of such return means a division of such coimty. 
 
 The expression "court of county quarter sessions" means the justices in 
 general or quarter sessions assembled for any county at large, or riding, or 
 parts of a county at large having a separate commission of the peace and a 
 separate court of quarter sessions, and includes the justices in general or 
 quarter sessions assembled for the Isle of Ely. 
 
 The expression " county quarter sessional area " means the area of the juris- 
 diction as extended by this Act of any court of county quarter sessions, and 
 includes the Isle of Ely; and save as aforesaid, for the purposes of this Act 
 every liberty, county of a city, or county of a town which for the purposes of 
 parliamentary elections forms part of any county at large, riding, or parts shall 
 be deemed to be within the jurisdiction of the court of county quarter sessions 
 and clerk of the peace of such county at large, riding, or parts. 
 
 The expression "clerk of the peace for a county quarter sessional area'' 
 means the clerk of the peace for such county at large, riding, or parts as 
 aforesaid, and includes the clerk of the peace for the Isle of Ely. 
 
 Other expressions in this Act have, unless the context otherwise requires, the 
 same meaning as in the Parliamentary Registration Acts. 
 
 Extent and slwrt title of Act. 
 
 20. This Act shall not apply to Scotland or Ireland, and may be cited for aU 
 .piu'poses as the Registration Act, 1885. 
 
 REDISTBIBrTION OF SeATS AoT, ISSo^e). 
 
 48 & 49 Vict. c. 23. 
 
 An Act for the Redistribution of Seats at Parliamentary Elections, and 
 for other purposes. [25th June 1885.] 
 
 Short Title. 
 
 1. This Act may be cited as the Redistribution of Seats Act, 1885. 
 
 Pabt I. — Redistribution. 
 
 Boroughs. — Boroughs named in First Schedule to become parts of counties 
 
 or boroughs. 
 
 2. From and after the end of this present Parliament the Parliamentary 
 boroughs named in the first part of the First Schedule to this Act shall cease as 
 Tsoroughs to return any member. 
 
 Each of the counties of cities and towns in the second part of the said schedule 
 named shall, for the purpose of Parliamentary elections, be included in the 
 county at large named opposite thereto in that part of the said schedule (/). 
 
 Disfranchisement of certain boroughs for corruption. 
 
 3. Whereas Commissioners appointed in the year one thousand eight hundred 
 and eighty, in pursuance of Addresses to Her Majesty from both Houses of 
 Parhament in relation to Parliamentary elections for the Parliamentary boroughs 
 
 {e) See pp. 10, 17, svpra, (/) gee p. 57, supra. 
 
STATUTES. REDISTRIBUTION OF SEATS ACT, 1885. 351 
 
 named in the third part of the First Schedule to this Act, reported in that year 
 that corrupt practices had extensively prevailed in the said boroughs at such 
 elections, be it therefore enacted as follows : — 
 
 After the passing of this Act each of the Parliamentary boroughs named in 
 the third part of the First Schedule to this Act shall cease to be entitled to 
 return any member. 
 
 Boroughs to have numbers of members reduced. 
 
 4. From and after the end of this present Parliament the City of London 
 shall return two members, and no more, and each of the Parliamentary boroughs 
 named in the Second Schedule to this Act shall return one member, and no more. 
 
 Boroughs to have additional members. 
 
 5. From and after the end of this present Parliament each of the Parlia- 
 mentary boroughs named in the Third Schedule to this Act shall return the 
 number of members named opposite to such borough in the said schedule. 
 
 , New boroughs. 
 
 6. From and after the end of this present Parliament each of the towns and 
 places named in the Fourth Schedule to this Act shall be a ParKamentary 
 borough, and return the number of members specified opposite thereto in the 
 said schedule ; and each such new Parliamentary borough shall include the 
 places and be comprised within the boundaries specified opposite thereto in the 
 said schedule ; and any Parliamentary borough existing at the passing of this 
 Act, which is wholly or as regards the greater part thereof in extent comprised 
 within the metropolis, and within the boundaries of any Parliamentary borough 
 ■or boroughs constituted by this section, shall, from and after the end of this 
 present Parliament, cease to exist as a borough. 
 
 Boroughs with their boundaries altered, 
 
 7. — (1.) Prom and after the end of this present Parliament each of the 
 Parliamentary boroughs named in the Fifth Schedule to this Act shall for all 
 purposes of and relating to Parliamentary elections include the places and be 
 comprised within the boundaries which are respectively specified and described 
 in the said schedule, and shall not include the places which are either therein 
 specified and described as excluded, or are included by this Act in any other 
 Parliamentary borough. 
 
 (2.) Where, by virtue of this section, any area is added to a borough being a 
 county of a city or of a town in which freeholders are entitled to vote for the 
 borough, that area shall, for all purposes of and relating to ParKamentary 
 elections held after the end of this present Parliament, form part of the county 
 of a city or town, and not of the county at large of which it has heretofore 
 formed part. 
 
 Division of Parliamentary boroughs. 
 
 8. — (1.) From and after the end of this present Parliament each of the 
 Parliamentary boroughs mentioned in the Sixth Schedule to this Act shall, for 
 the purpose of returnmg members to serve for such borough in Parliament, be 
 divided into divisions. 
 
 (2.) The number of members for each division, and the number, names, 
 contents, and boundaries of such divisions respectively shall be those specified 
 in the said schedule. 
 
 (3.) Where any Parliamentary borough is divided into divisions in pursuance 
 of this section a person shall not be registered as entitled to vote and shall not 
 vote in more than one such division. 
 
 (4.) At a general Parliamentary election the polls (if any) for the divisions 
 in a divided borough shall be taken on the same day, such day to be fixed by 
 the returning oflBcer of the borough, but nothing in this sub-section shall be 
 taken to enlarge or extend the discretion vested in him by the Ballot Act, 1872, 
 as to fixing the day of poU. 
 
352 APPENDIX II. 
 
 Provisions as to Warioich and Pemhrolce. 
 
 11. The borough of Warwick shall be called Warwick and Leamington. 
 
 The law relating to the elections for the Parliamentary borough of Pembroke 
 shall apply as if the places comprised in the area of the present Parliamentary 
 borough of Haverfordwest were named in the Act of the session of the second 
 and third years of the reign of King William the Fourth, chapter forty- 
 five, as places sharing in the election of a member for Pembroke, and the 
 borough shall be called Pembroke and Haverfordwest. 
 
 Returning officers in new boroughs. 
 
 12. — (1.) Save as in this Act mentioned, in each of the Parliamentary 
 boroughs constituted under this Act in which there is not, for the time being, 
 a mayor, a returning officer shall be appointed in like manner as if such borough 
 were included among the boroughs mentioned in Schedule (0.) to the Act of the 
 session of the second and third years of the reign of King WiUiam the Fourth, 
 chapter forty-five, intituled ' ' An Act to amend the Representation of the 
 People in England and Wales," for which boroughs no persons are specified in 
 such schedule as returning officers. Provided that every sheriff shall, as soon as 
 may be after the passing of this Act, appoint a returning officer for each ParMa- 
 mentary borough which is constituted under this Act, and is within his juris- 
 diction, and requires such appointment, and any returning officer so appointed 
 shall hold his office until the time in the ensuing year fixed by law for the 
 appointment of returning officers. 
 
 (2.) A returning officer of a Parliamentary borough appointed by a sheriff of 
 a county in pursuance of section eleven of the said Act, or of any enactment 
 (whether in this or any other Act) applying that section, need not be resident 
 in the borough for which he is retui'ning officer, pi'ovided that, if not so resident, 
 he shall have an office therein for the purpose of his duties in relation to the 
 registration of voters and to elections in such borough. 
 
 (3.) Where a Parliamentary borough ia situate in more than one county, the 
 returning officer appointed as above mentioned shall be appointed by the sheriff 
 of the county in which the largest part of such Parliamentary borough in extent 
 is situate (e). 
 
 (4.) Whereas by the Municipal Corporations Act, 1882, it is enacted that if 
 there are more mayors than one within the boundaries of a Parhamentary 
 borough, the mayor of that municipal borough to which the writ of election is 
 directed shall be the returning officer : Be it therefore enacted that — 
 
 In any such case the writ of election shall be directed to the mayor of that 
 one of the municipal boroughs to the mayor of which the writ has before the 
 passing of this Act been directed, or if it has not been directed to any such 
 mayor, then to the mayor of that one of the municipal boroughs which has the 
 largest population according to the last census for the time being, and in any 
 such case the town clerk of the municipal borough, the mayor of which is the 
 retui'ning officer, shall be the town clerk who, under the Begistration Acts, is 
 to receive the revised lists of Parliamentary voters from the revising barrister, 
 and is to copy and print them and to deUver the register of voters to the returning 
 officer, and the council of the same borough shall be the council to allow the 
 expenses of such town clerk (e). 
 
 (o.) In any new borough constituted under this Act, the whole of the larger 
 part of the area of which was before the passing of this Act comprised in the 
 Parliamentary borough of Westminster, the high bailiff of Westminster shall 
 be the returning officer for the new borough, and also the town clerk for the new 
 borough within the meaning of the Registration Acts, and may, by writing 
 under his hand, appoint a fit person to be his deputy for all or any of the 
 purposes relating to Parliamentary elections in any such new borough, and 
 anything in relation to a Parliamentary election authorised or required to be 
 done by, to, or before the returning officer, may be done by, to, or before the 
 high bailiff himself or such deputy. 
 
 (e) Sec p. 11, supra. 
 
STATUTES. REDISTRIBUTION OF SEATS ACT, 1885. 353 
 
 (6.) Every such deputy shall, in so far as he acts as returning officer, he 
 deemed to he included in the expression ' ' returning officer " within the meaning 
 of the law relating to Parliamentary elections. 
 
 As to boroughs divided into divisions. 
 
 13. Where a Parliamentary horough is divided into divisions, the returning 
 officer of such borough shall he the returning officer for each division, and may, 
 by writing under his hand, appoint a fit person to he his deputy for all or any 
 01 the purposes relating to a Parliamentary election in any such division, and 
 anything m relation to a Parliamentary election authorised or required to be 
 done by, to, or before the returning officer (except the fixing of the day for 
 taking the polls), may he done by, to, or before the returning officer himself or 
 such deputy. 
 
 (2.) Every such deputy shall, in so far as he acts as returning officer, be 
 deemed to be included in the expression " returning officer " within the meaning 
 of the law relating to Parliamentary elections. 
 
 (3.) For the purpose of determining the distance of the residence of any voter, 
 and for all purposes of and incidental to the registration of voters in a Parlia- 
 mentary borough divided into divisions, and for the purpose of the enactments 
 respecting the division of any such borough into polling districts, all the 
 divisions shall be deemed to form the same Parhamentary borough : 
 
 Provided that the lists and register of voters for the borough shall he framed, 
 printed, and arranged in parts so as to correspond to the divisions thereof ; and 
 the voters in each division shall be numbered in a separate series. 
 
 (4.) In a borough divided into divisions, the election for two or more of such 
 divisions shall be deemed to be the same election within the meaning of the 
 enactments relating to personation and to voting, and the question which may 
 be asked of voters at the poll shall be, " Have you already voted here or 
 elsewhere at this election for the borough of either in this or in any other 
 
 division ?"(/). 
 
 (o.) Subject to the provisions of this Act, where any Parliamentary borough 
 is divided into divisions, the members for each division of such borough shall 
 be elected by the persons registered in such division as voters for the borough, 
 and the nomination and other proceedings at Parliamentary elections for such 
 division shall be conducted in the same manner as if such division were a 
 separate constituency, and the law relating to Parliamentary elections shall 
 apply to each division as if it were a separate Parliamentaiy borough. 
 
 Begistratiiin of freemen in divided horoughs. 
 
 14. — (1.) In a Parliamentary borough divided into divisions persons registered 
 as freemen shall be entitled to vote — 
 
 (a) if their place of abode is in the borough, then in the division in which 
 
 such place of abode is situate ; and 
 
 (b) it their place of abode is not in the borough, then in the division to which 
 
 such persons (in this section referred to as non-resident freemen) are 
 
 allotted by the revising barrister, 
 and shall not be entitled in respect of the qualification of freeman to vote 
 elsewhere than in such division, and the registration of voters shall be conducted 
 and the register of voters arranged so as to give effect to this enactment. 
 
 (2.) The non-resident freemen shall be allotted in equal numbers so nearly as 
 may be among the several divisions of the borough as follows : — 
 
 (a) at the first revision after the passing of mis Act the revising barrister 
 
 shall first settle by lot the order of the divisions of the borough for the 
 purpose of the allotment, and then allot among such divisions the non- 
 resident freemen, allotting to the division first in order the freemen 
 whose names are earliest in alphabetical order, and so on with the other 
 divisions and freemen ; 
 
 (b) at every subsequent annual revision at which any non-resident freemen 
 
 (f) See p. 51, sujrra. 
 L.E. A A 
 
354 APPENDIX 11. 
 
 not on the then existing register are registered, the revising barrister 
 shall allot them among the divisions in such manner as may, so nearly 
 as may be, maintain an equal number of non-resident freemen in each 
 division, and shall allot them according to alphabetical order by allotting 
 those whose names are the earliest in alphabetical order to the first 
 division (according to the order settled as aforesaid) to which at that 
 revision any freeman is to be allotted. 
 
 Adaptation of 46 & 47 Vict. c. 51, to divided horough. 
 
 15. For the purposes of the provision of the schedule to the Corrupt and 
 lUegal Practices Prevention Act, 1883, with respect to the voting of any paid 
 election agent, sub-agent, polling agent, clerk, or messenger, a Parliamentary 
 borough divided into divisions shall be deemed to form one borough, and any 
 such agent, clerk, or messenger employed for payment at an election for any 
 division may not vote in any other division of the borough. 
 
 As to place of election. 
 
 16. — (1.) The place of election in the case of a division of a county at large 
 shall be in such town situate in the said county at large, or in a county of a 
 city or town adjoining the said county at large, as the local authority having 
 power to divide the division into polling districts, or in default of any 
 determination by such local authority the returning officer, may from time to 
 time determine, as being, in their or his opinion, the most convenient for the 
 purposes of the election. Provided that in Ireland the place of election, in the 
 case of a division of a county at large, shall from time to time be fixed by the 
 retui'ning officer, and shall he situate within the division or within a county of 
 a city or town adjoining that division (a). 
 
 (2.^ The place of election, in the case of a Parliamentary borough or any 
 division of a Parliamentary borough, shall be such room or rooms in the said 
 borough as the returning officer may from time to time determine, as being, in 
 his opinion, the most convenient for the purposes of the election. 
 
 Detached parts of parishes. 
 
 18. Any such constitution of new parishes or division or alteration of 
 boundaries of parishes made for poor law purposes by or in pursuance of any 
 Act of Parliament, as has come into operation on or before the twenty-sixth 
 day of March one thousand eight hundred and eighty-five, and any alteration 
 of the boundary of a county which is incidental to such constitution, division, 
 or alteration, shall have effect also for all purposes of the law relating to 
 Parliamentary elections for any future Parliament. 
 
 Marking of boundaries where they do not follow well-defined lines. 
 
 20. — (1.) Where the boundary of a Parliamentary borough or division of a 
 borough does not follow the boundary of a parish or township, or other well- 
 defined line of demarcation, the local authority having power to divide such 
 borough into poUing districts shall, as soon as may be after the passing of this 
 Act, cause the several points of deviation of the boundary to be marked by 
 means of boundary stones, posts, or other marks, which shall from time to time 
 be maintained and renewed by such local authority. 
 
 (2.) Por the purposes of this section, any officer authorised in that behalf by 
 the local authority, may, by himself and "his workmen, enter upon any lands, 
 doing as little damage as possible, and making compensation for such damage, 
 the amount of such damage to be determined in case of dispute in manner 
 provided by the Lands Clauses Consolidation Acts, with respect to disputed 
 compensation for land. 
 
 (a) See p, 17, .wjjni. 
 
STATUTES, REDISTRIBUTION OP SEATS ACT, 1885. 355 
 
 (3.) AU expenses properly incurred by a local authority in pursuance of this 
 section shall be defrayed as part of the expenses of the town clerk in the 
 registration of voters for the Parliamentary borough. 
 
 Adaptation of writs. 
 
 21. All writs to be issued for Parliamentary elections, and all mandates, 
 precepts, instruments, proceedings, and notices consequent upon such writs, or 
 relatiog to Parliamentary elections or the registration of voters, shall be framed 
 and expressed in such manner and form as may be necessary for carrying into 
 effect the provisions of this Act, and of the Representation of the People Act, 
 1884. 
 
 Election laios to remain in force. 
 
 22. Subject to the provisions of this Act, the law now in force relating to 
 Parliamentary elections shaE remain in full force, and shall apply, as nearly as 
 circumstances admit, to any constituency authorised by this Act to return a 
 member or member* to Parliament as if it had heretofore returned such 
 members to Parliament. 
 
 Definition of expressions in schedules. 
 
 23. In the schedules to this Act imless the context otherwise requii'es the 
 following expressions have the meanings hereby assigned to them, that is 
 ito say : — 
 
 The expression " county " means a county at large. 
 
 The expression ' ' sessional division " means a county petty sessional division 
 as existing on the first day of January one thousand eight hundred and eighty- 
 five, exclusive of any municipal borough having a separate commission of the 
 peace which is geographically situate within that division, and a " county petty 
 sessional division" means any division of a county, or of a riding, division, or 
 parts of a county, in and for which division petty sessions or special sessions are 
 usually held, whether in one or more place or places in accordance with any Act 
 of Parliament, custom, or otherwise. 
 
 All towns corporate and places, which are not included in a sessional division 
 as above defined and are not expressly mentioned in the schedules to this Act, 
 shall be considered as included in the sessional division which they adjoin, or if 
 they adjoin more than one sessional division, then in the sessional division with 
 which they have the longest common boundary. 
 
 Where a parish, townland, or other place with a definite boundary, whether 
 larger or smaller than a parish or townland, is situate in a county or borough 
 divided into Parliamentary divisions, and such parish, townland, or other place 
 is not, in this Act, included in any of the Parliamentary divisions of the county or 
 borough in which it is situate, such parish, townland, or place, shall be 
 ■considered as included in that one of those Parliamentary divisions which it 
 adjoins, or if it adjoins more than one of such divisions, then in that one of the 
 said divisions with which it has the longest common boundary. 
 
 Where a Parliamentary division of a county or borough is described in any 
 schedule to this Act as containing the whole of a sessional division, barony, or 
 other area, with the exception of the portion comprised in another Parliamentary 
 division of the same county or borough, and by reason of suchi description 
 includes a parish, townland, or ward, or part of a ward, separated from the rest 
 of the first-mentioned Parliamentary division by the whole or part of the said 
 portion comprised in the other Parliamentary division, such parish, townland, 
 ward, or part of a ward, shall, notwithstanding the said description, form part of 
 the other Parliamentary division, as if it had been included in the said 
 •exception. 
 
 If any doubt arises as to the ParKamentary division of a countj' or borough in 
 which any parish, townland, ward, or other place, whether larger or smaller than 
 a parish, townland, or ward, is intended by the schedules to this Act to be 
 included, such doubt shall be determined for the year one thousand eight 
 
 A A 2 
 
356 APPENDIX II. 
 
 iundred and eigMy-flve by the local authority having power to divide the said 
 county or borough into polling districts, but in the case of a Pai-liamentary 
 division of a county in Ireland, by the Local Government Board for Ireland, by 
 ordermade after local inq[uiry, and taking effect when made ; and for subsequent 
 years, on the application of any voter, shall be determined by an order of the 
 Local Government Board for England or Ireland respectively or in Scotland of 
 one of Her Majesty's Principal Secretaries of State to be made after local inquiry, 
 and to be confirmed by Parliament. 
 
 Any misnomer or inaccurate description in any of the schedules to this Act 
 shall not in anywise prevent or abridge the operation of this Act with respect to 
 the subject of such description, provided the same is so designated as to be 
 commonly understood. 
 
 The expression "Parliamentary borough" means the area comprised within the 
 limits of a Parliamentary borough, and in the case of boroughs the limits of 
 which are altered by this Act means the area comprised within the limits so 
 altered, and in the case of a Parliamentary borough constituted by this Act 
 means the area comprised within the limits of the Parliamentary borough as so 
 constituted : Provided that where reference is made to a present Parliamentary 
 borough, such reference shall be to the area comprised in the limits of a 
 Parliamentary borough on the first day of Januaiy one thousand eight hundred 
 and eighty-five. 
 
 The expression ' ' municipal borough " means as regards England the area on 
 the first day of January one thousand eight hundred and eighty-five comprised 
 within the limits of a municipal borough under the Municipal Corporations Act, 
 1882 ; and as regards Scotland means the area subject on the first day of January 
 one thousand eight hundred andeighty-five to the jurisdiction of the magistrates 
 and town councU of a burgh ; and as regards Ireland, means the area on the said 
 day comprised within the limits of a borough under the Act of the third and 
 fourth years of the reign of Her present Majesty, chapter one himdred and eight, 
 and the Acts amending the same. 
 
 The expression "municipal borough boundary" means the boundary of a 
 municipal borough. 
 
 The expression " district," in relation to any place in the metropolis, means 
 the district of a district board of works under the Metropolis Management Act, 
 1855, as described in Schedule B. to that Act. 
 
 The expression ' ' local government district " means the area on the first day of 
 January one thousand eight hundred and eighty-five comprised within the limits 
 of any local government district as defined by the Public Health Act, 1875. 
 
 The expression " Parliamentary polling district" means a polling district of a 
 Parliamentary borough as such district was constituted on the first day of 
 January one thousand eight hundred and eighty-five for the purpose of 
 Parliamentary elections. 
 
 The expression " parish" means as regards England and Scotland a parish as 
 constituted on the first day of January one thousand eight hundred and eighty- 
 five, for which a separate poor rate is or can be made, or for which separate 
 overseers or a separate parochial board are or can be appointed, and as regards 
 Ireland means a parish as appearing on the m.aps of the Ordnance Survey and 
 as adopted in the census. 
 
 Where reference is made in any schedule to a parish, townland, or barony 
 which extends beyond a county at large or Parliamentary borough in relation 
 to which such parish, townland, or barony is mentioned, the reference shall, 
 unless otherwise expressed, be construed to refer only to such part of the parish, 
 townland, or barony as is in the said county or borough. 
 
 The expression "present" means on the first day of January one thousand 
 eight hundred and eighty-five. 
 
 Definitions. 
 24. In this Act, unless the context otherwise requires, — • 
 The expression "member" means a member to serve in Parliament, and 
 
 includes a knight of a shire : 
 The expression "Parliamentary election" means the election of a member or 
 
 members : 
 
STATUTES. REDLSTETBUTION OF SEATS ACT, 1885. 357 
 
 The expression " law relating to Paiiiamentaiy elections" includes all laws, 
 customs, and enactments relating to Parliamentary elections, inclusive of 
 the law respecting the qualification and registi'ation of voters : 
 
 The expression "Lands Clauses ConsoMation Acts " means the Lands Clauses 
 Consolidation Act, 1845, and the Acts amending the same : 
 
 The expression "the Eegistration Acts" has the same meaning as in the 
 Representation of the People Act, 1884. 
 
 Application of Act to HcotlaniL 
 
 25. This Act shall apply to Scotland, with the following modifications : — 
 (1.) The sheriff shall be substituted for " the local authority having power to 
 
 divide a county or Parliamentary borough into pollmg districts," and 
 also for the "revising barrister." 
 
 (2.) The expression "Lands Clauses Consolidation Acts" means the Lands 
 Clauses Consolidation (Scotland) Act, 1845, and the Acts amending 
 the same. 
 
 (3.) Where by the operation of this Act any Eoyal or Parliamentary burgh 
 ceases as a burgh to return or to contribute to return a member to 
 ParKament, nothing in this Act shall afEect in any other respect the 
 rights and privileges of such burgh as a Royal or Parliamentary burgh, 
 or the rights, privileges, and functions of the magistrates, town council, 
 and officers thereof. 
 
 Application of Act to Ireland. 
 
 26. This Act shall apply to Ireland, with the following modification : — 
 
 In the case of a Parliamentary borough, the town council or town com- 
 missioners shall be substituted for "the local authority having power to 
 divide a Parliamentary borough into polling districts," 
 
 PAET III. 
 
 Repeal of enactments respecting corrupt practices. 
 
 27. The Acts mentioned in the first part of the Eighth Schedule to this Act, 
 whereby certain persons reported guilty of corrupt practices are declared not to 
 have certain rights of voting, are hereby repealed to the extent in the third 
 column of that schedule mentioned. 
 
 HEST SCHEDULE. 
 
 PaET I.— BOROtJGUS TO CEASE AS SUCU. 
 
 Part II. 
 
 Each County of a City or of a Town named below shall, for the pmyose of 
 Parliamentary Elections, be included in the Cormty at large placed opposite to it. 
 
 County of City or Town. 
 
 Comity at large in wliich it is to be included. 
 
 Berwick-upon-Tweed 
 
 Haverfordwest 
 
 Lichfield 
 
 Carrickfergus 
 
 Drogheda 
 
 Xorthumberland. 
 
 Pembroke. 
 
 Stafford. 
 
 Antrim. 
 
 Louth. 
 
 Pakt III. 
 
 BoilOTJGIIS DlSFEANCHISED FOR CORRUPTION. 
 
 Macclesfield. 
 Sandwich. 
 
358 
 
 APPENDIX II. 
 SECOND SCHEDULE. 
 
 BOEOUGnS TO LOSE ONE MEMBER. 
 
 THIRD SCHEDULE. 
 
 BOEOrOHS TO HAVE ADDITIONAL MeMBEKS. 
 
 FOURTH SCHEDULE. 
 New Boroughs. 
 
 FIFTH SCHEDULE. 
 Contents and Botjndaeies of BoEoroHS with altered Boundaries. 
 
 SIXTH SCHEDULE. 
 
 Divisions of Boroughs. 
 
 Nmnher, Names, Contents, and Boundaries of Divisrons. 
 
 SEVENTH SCHEDULE. 
 
 Counties at Laege. 
 
 Numher of Meinhers and Names and Contents of Divisions. 
 
 EIGHTH SCHEDULE. 
 First Part. 
 
 Year and 
 Chapter. 
 
 Title. 
 
 Extent of Repeal 
 
 30 & 31 Vict, 
 c. 102. 
 
 33 & 3i Vict, 
 c. 21. 
 
 33 & 34 Vict, 
 c. 25. 
 
 33 & 34 Vict, 
 c. 88. 
 
 33 & 34 Vict, 
 c. 54. 
 
 34 i: 3;") Vict, 
 c. 77. 
 
 The Representation o£ the People Act, 
 1867. 
 
 An Act to disfranchise the boroughs of 
 Bridgwater and Beverley. 
 
 An Act to disfranchise certain voters 
 of the city of Norwich. 
 
 An Act to disfranchise the boroughs 
 of Sligo and Cashel. 
 
 An Act to disfranchise certain votei's 
 of the city of Dublin. 
 
 An Act to disfranchise certain voters 
 for the city of Norwich, 
 
 yections thirteen, foniteep, 
 iifteen, and sixteen. 
 
 Sections two, three, four, and 
 five. 
 
 The whole Act. 
 
 Sections two, three, and four, 
 
 The whole Act. 
 
 The whole Act. 
 
STATUTES. COERUPT PRACTICES ACT, 1885. 359 
 
 Parliamentary Elections Corrupt Practices Act, 1885. 
 
 48 & 49 Vict. c. 56. 
 
 An Act to amend tlie Law witt respect to Corrupt Practices at Parliamentaiy 
 Elections. [6th August, 1885.] 
 
 Cnnditiona on which employer may give leave of absence to employes to record 
 
 their votes, 
 
 1. Nothing in the law relating to Parliamentary elections shall mate it illegal 
 for an employer to permit ParHamentary electors in his employment to absent 
 themselves from such employment for a reasonable time for the purpose of 
 voting at the poll at a Parliamentary election, without having any deduction 
 from their salaries or wages on account of such absence, if such permission is, 
 so far as is practicable without injury to the business of the employer, given 
 equally to all persons alike who are at the time in his employment, and if such 
 permission is not given with a view of inducing any person to record his vote 
 for any particular candidate at such election, and is not refused to any person 
 for the purpose of preventing such person from recording his vote for any 
 particular candidate at such election (</). 
 
 Construction of Act. 
 
 2. This Act shall not be construed to make illegal any act which would not 
 have been illegal if this Act had not passed. 
 
 Short title. 
 
 3. This Act may be cited as the Parliamentary Elections Cornipt Practices 
 Act, 1885. 
 
 Parliamentary Elections (Returning Officers) Act, 1885 (/j). 
 
 48 & 49 Vict. c. 62. 
 
 An Act to amend the law relating to the Charges of Returning Officers at 
 Parliamentary Elections. [14th August, 1885.] 
 
 Whereas by the Parliamentary Elections (Returning Officers) Act, 1875, the 
 returning officer may, if he thinks fit, require security to be given for the 
 charges payable under the above Act in respect of an election to an amount not 
 exceeding that specified in the Third Schedule to the Act, and by such Third 
 Schedule it is provided as follows : — " If at the end of the two hours appointed 
 for the election, not more candidates stand nominated than there are vacancies 
 to be filled up, the maximum amount which may be required is one fifth of the 
 maximum according to the above scale " : 
 
 And whereas by the Parliamentary Elections Eetui-ning Officers Expenses 
 (Scotland) Act, 1878, the returning officer may, if he thinks fit, require secui'ity 
 to be given for the charges payable under the said Act in respect of an election 
 to an amount not exceeding that specified in the schedule to the Act, and 
 by such schedule it is provided as follows: "If, at the end of the two hours 
 appointed for the election, not more candidates stand nominated than there are 
 vacancies to be filled up, the maximum amount which may be required is one 
 fifth of the maximum according to the above scale " : 
 
 And whereas it is expedient to reduce the said amount, and also to make 
 further provisions with respect to the charges of returning officers in Scotland, 
 and otherwise to amend the above Acts : 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, by and with 
 the advice and consent of the Lords Spiritual and Temporal, and Commons, in 
 this present Parliament assembled, and by the authority of the same, as 
 follows : 
 
 (i/) See pp. 102, 103, *«/«•«. (Ji) See pp. 14, 33, mjpra. 
 
360 APPENDIX 11. 
 
 Short title, 
 
 1. This Act shall be construed, as far as regards England and Ireland, as one 
 •with the Parliamentary Elections (Beturning Officers) Act, 1875, and together 
 with that Act may be cited as the Parliamentary Elections (Returning Officers) 
 Acts, 1875 and 1885, and this Act shall be construed, so far as regards Scotland, 
 as one with the Parliamentary Elections Returning Officers Expenses (Scotland) 
 Act, 1878, and, together with that Act, may be cited as the Parliamentary 
 Elections Returning Officers (Scotland) Acts, 1878 and 1885, and this Act 
 may be cited separately as the Parliam.entary Elections (Returning Officers) 
 Act, 1885. 
 
 Reduction of amount required in uncontested election hy Third Schedule of 
 38 & 39 Vict. c. 84. 
 
 2. In the Third Schedule to the Parliamentar}' Elections (Returning Officers) 
 Act, 1876, "twenty-five pounds" shall be substituted for "one fifth of the 
 maximum according to the above scale " in the portion thereof (above recited) 
 relating to elections where not more candidates stand nominated than there are 
 vacancies to be filled up. 
 
 RediKtion of amount required in uncontested elections hy schedule of 
 41 & 42 Vict. c. 41. 
 
 3. In the schedule to the Parliamentary Elections Returning Officers 
 Expenses (Scotland) Act, 187N, "twenty-five pounds" shall be substituted 
 for " one fifth of the maximum, according to the above scale," in the portion 
 thereof (above recited) relating to elections where not more candidates stand 
 nominated than there are vacancies to be fiUed up. 
 
 Increase of returning officers charges in certain cases. 
 
 4. Notwithstanding the scale of charges laid down in the Eirst Schedule of 
 the Parliamentary Elections (Returning Officers) Act, 1875, it shall be lawful 
 in any county constituency in England for the returning officer to charge four 
 guineas for each presiding officer and thirty shillings for each clerk at a polling 
 station. 
 
 Payments to deputy returning officers. 
 
 5. Where a returning officer in Scotland is empowered to appoint a deputy, 
 he may pay such deputy according to the scale set forth in the schedule to tms 
 Act, and such payments shall be allowed as expenses properly incurred by the 
 returning officer within the meaning of the Parliamentary Elections Returning 
 Officers Expenses (Scotland) Act, 1878, and of the Ballot Act, 1872. 
 
 LuxACY (Vacating of Seats) Act, 1886. 
 
 49 Vict. c. 16. 
 
 An Act to amend the Law in regard to the Vacating of Seats in the House of 
 Commons. [10th May, 1886.] 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with the advice 
 and consent of the Lords Spiritual and Temporal, and Commons, in the present 
 Parliament assembled, and by the authority of the same, as follows : 
 
 Short title of Act. 
 
 1. This Act may for all purposes be cited as the Lunacy fVacating of Seats) 
 Act, 1886. J' V 5 / 
 
STATUTES. LUNACY (VACATING OF SEATs) ACT, 1886. 361 
 
 Procedure for vacating/ seat of member of House of Commons received, Jkc. 
 OS a lunatic into an asylum, &c. 
 
 2. From and after the passing of this Act, if a member of the House of 
 Commons is received, or committed into, or detained in any asylum, house, or 
 other place as a lunatic the following provisions shall have efEect; that is 
 to say, 
 
 (i.) It shall be the duty of the court, judge, magistrate, or person under or 
 upon whose order, and of every medical person or practitioner upon whose 
 certificate, such member has been so received, committed, or detained, 
 and of every superintendent, officer, proprietor, or other person having 
 the chief charge of such asylum, house, or other place as aforesaid, as 
 soon as may be, to certify such reception, committal, or detention to the 
 Speaker of the House of Commons. 
 
 (iL) It shall be lawful for any two members of the House of Commons to 
 certify to the Speaker that they are credibly informed of such reception, 
 committal, or detention. 
 
 (iii.) The Speaker shall forthwith transmit such certificate or certificates, as 
 the case may be, if the place of such reception, committal, or detention 
 is in England, to the Commissioners in Lunacy in England; if such 
 place is in Scotland, to the Board of Commissioners in Lunacy in 
 Scotland ; and if such place is in Ireland, to the Inspectors of Lunatic 
 Asylums in Ireland. 
 
 (iv.) On receiving such certificate or certificates, as the case may be, the 
 Commissioners of Lunacy in England, the Board of Commissioners in 
 Limacy in Scotland, or the Inspectors of Lunatic Asylums in Ireland, 
 or any two of them, as the case may be, shall, without delay, visit and 
 examine the member to whom the certificate relates, and shall report to 
 the Speaker whether he is of unsound mind. 
 
 (v.) If the report is to the efEect that the member is of unsound mind, the 
 Speaker shall, at the expiration of six months from the date of the said 
 report, if the House of Commons be then sitting, and if not, then as 
 soon as may be after the next sitting thereof, require the Commissioners 
 in Lunacy in England, or the Board of Commissioners in Lunacy in 
 Scotland, or the Inspectors of Lunatic Asylums in Ireland or any two 
 of them, as the case may be, again to visit and examine the member 
 aforesaid ; and if they shall report that he is still of unsound mind, the 
 Speaker shall forthwith lay both reports on the table of the House of 
 Commons, and thereupon the seat of the member shall be vacant. 
 
 (vi.) Where the seat of a member so becomes vacant, the Speaker shall issue 
 his warrant to the Clerk of the Crown to make out a new writ for elect- 
 ing another member in the room of the member whose seat has so 
 become vacant. 
 
 ■ Penalty. 
 
 3. Every medical person or practitioner, and every superintendent, officer, 
 proprietor, or other person, having the chief charge of an asylum, house, or 
 other place, who shall wilfully contravene or disobey the provisions of this Act 
 shall be liable to a penalty not exceeding one hundred pounds, to be recovered 
 with costs at the suit of any person in Her Majesty's High Court of Justice in 
 England or Ireland, or in the Court of Session in Scotland, as the case may be. 
 
 Paeliamentahy Elections (Eeturning Officees) Act (1875) 
 Amendment Act, 1886. 
 
 49 & 50 Vict. c. 57. 
 
 Rerieiu of taxation. 
 
 1. The judge or officer by whom any account or claim is taxed or examined 
 under the Parliamentary Elections (Returning Officers) Act, 1875 (herein 
 called the "principal Act"), shall dehver to the returning officer, and to the 
 
362 APPENDIX II. 
 
 other party to tlie taxation or examination, a certificate sliowing the items and 
 amounts allowed or disallowed, with a copy of any order or judgment made 
 thereon. 
 
 Either party may, within seven days of the delivery to him of such certificate, 
 give notice in writing to the said judge or officer of intention to appeal, 
 specifying in the notice the items and amounts in respect of which he intends to 
 appeal. 
 
 The said judge or officer shall thereupon forthwith transmit to the prescrihed 
 taxing officer of the superior court the said account or claim, with any vouchers 
 relating thereto, the certificate and the notice of appeal, and such taxing 
 officer shall forthwith proceed to review the taxation or examination in the 
 usual manner, or in such manner as may be prescribed, and shall, if required, 
 receive evidence in relation to the matters in dispute, and may confirm or vary 
 the certificate, and direct by whom all or any part of the costs of review are to 
 be paid, and shall retui-n the certificate as confirmed or varied to the said 
 judge or officer with any such direction, and effect shall be given to a certificate 
 as so confirmed or varied, and to any such direction, as if the same had been 
 a judgment of the court as defined in the principal Act. 
 
 Any taxation or review of taxation under this Act shall be subject to appeal 
 to the superior court in like manner as any ordinary taxation of costs is now 
 subject. 
 
 In this Act " superior court " means in England the Queen's Bench Division 
 of the High Court of Justice in England, and in Ireland the Common Pleas 
 Division of the High Court of Justice in Ireland. "Prescribed" means 
 prescribed by rules of the superior court in England or Ireland, as the case 
 may be. 
 
 Short title. 
 
 2. This Act may be cited as the Parliamentary Elections (Eetuming Officers) 
 Act (1875) Amendment Act, 1886, and shall be read as one with the principal 
 Act. 
 
 Police Disabilities Eemoval Act, 1887 (i). 
 
 50 Vict. sess. 2, c. 9. 
 
 An Act to remove the Disabilities of the Police to vote at Parliamentary 
 Elections. [23rd May, 1887.] 
 
 Constable on duty to be entitled to vote at any polling station. 
 
 2. Where a constable is or is likely to be, on the day of any election, sent 
 or employed in the discharge of his duty so as to prevent him voting at the 
 polling booth or station at which he would otherwise be entitled by law to 
 vote, the following enactments shall have effect : — 
 (1.) Such constable may, at any time within seven days before the 
 election, apply to the chief constable for a certificate, and the chief 
 constable shall thereupon give a certificate under his hand, stating 
 the name of the constable, his number in the police force, his number 
 and description on the register of voters, and the fact that he is so 
 sent or employed ; 
 (2.) The presiding officer at any polling booth or station shall, on produc- 
 tion by such constable of the said certificate, aUow him to vote'at that 
 booth or station, and shall forthwith cancel the said certificate, and deal 
 with the same in like manner as the counterfoils of voting papers are 
 directed by law to be dealt with ; 
 (3.) No such constable shall, under this section, be entitled to vote at any 
 election at which he would not, but for this section, be entitled to vote, 
 nor more than once in any election, and if he so votes, or attempts to 
 vote, he shall be subject to all the penalties imposed by law on a person 
 personating or attempting to personate a voter at such election ; 
 
 (0 Sec p. 48, siijim. 
 
STATUTES. POLICE DISABILITIES ACT, 1887- 363 
 
 (4.) In this section, — 
 
 (a.) " Constable " includes any person belonging to a police force ; 
 
 (b.) " Chief constable" includes an assistant chief constable, a com- 
 missioner or assistant commissioner of police, a head constable, 
 and any other person for the time being in command of a police 
 force, or acting in that capacitj' ; 
 
 (c.) "Eegister of voters" has the same meaning as in the Ballot 
 Act, 1872. 
 
 Reijistration in case nf temporary absence of police officer on duty. 
 
 3. A person otherwise entitled to be registered as a voter at Parliamentary 
 elections in respect of the occupation of a dwelling-house shall be deemed an 
 inhabitant occupier thereof as tenant notwithstandmg his temporary absence 
 therefrom in the execution of duty as a police officer during a part of the 
 qualifj'ing period not exceeding four consecutive months. 
 
 Amendment of section 9 of IQ & 20 Vicf. c. 2. 
 
 4. Section nine of the Act, nineteen and twenty Victoria, chapter two, shall 
 be read and construed as if for the word " therein," were substituted the words 
 "in certain elections of members to serve in Parliament." 
 
 Saving as to section S of 17 & 18 Vict. c. 102. 
 
 5. Provided always, that this Act shall not operate to extend the benefit of 
 the eighth section of the Corrupt Practices Prevention Act, 1854, to any person 
 becoming entitled to vote by virtue of this Act. 
 
 Short title. 
 
 6. This Act may be cited as the Police Disabilities Eemoval Act, 1887. 
 
 Sheiujti's Act, 1887. 
 50 & 51 YlCT. c. 00. 
 
 An Act to consolidate the Law relating to the office of Sheriff in England, 
 and to repeal certain enactments relating to Sheriffs which have ceased to 
 be in force or have become unnecessar}'. [16th September, 1887.] 
 
 Preliminary. — Short title. 
 1. This Act may be cited as the Sheriffs Act, 1887. 
 
 Extent of Act. 
 S. This Act shall not extend to Scotland or Ireland. 
 
 Apj}oiidmnit and qualification. — Annual appointment of sheriff and duration 
 
 of office. 
 
 3.— (1.) A sheriff shall be annually appointed for every county. 
 
 (2.) Save as provided by this Act, a sheriff shall not hold office for more than 
 one year, and a grant after the passing of this Act of the office for more than 
 one year shall be void. 
 
 (3.) The office of sheriff or of any officer of a sheriff shall not become void by 
 reason of the demise of the Crown, or in Cornwall of the Duchy of Cornwall, 
 but the person holding the office shall, unless sooner removed or superseded, 
 continue in office for the remainder of his term, in like manner as if such demise 
 had not taken place. 
 
364 APPENDIX II. 
 
 Duration of office. 
 
 7. (2.) Every slierifE stall continue to be and act as sheriff until his successor 
 
 has made the said declaration and entered upon office. 
 
 Holding of courts. 
 
 18. — (1.) A sherifi shall not be bound to hold a count}' com-t except where 
 the holding of such court is required for the purpose of an election or of the 
 due execution of some writ or for any other specific purpose, in which case he 
 shall hold a. court at the time fixed for such purpose by law or by such writ, or 
 if no time is so fixed, as soon as is reasonably practicable after he is informed 
 of the necessity for holding such court, or receives such writ, and where more 
 than one court "is required to be held for any such purpose, he shall hold courts 
 at intervals not exceeding one month from each other. 
 
 (2.) A sherifl's county court shall be held at the place heretofore appointed or 
 authorised by law, or at such other place as the sheriff may from time to time 
 fix with the consent of the authority having for the tirne being power to divide 
 the county into polling districts for the purpose of Parliamentary elections. 
 
 Viider-sheriff and officers. — Obligation to appoint una 
 declaration of office ly under-sheriff. 
 
 -sheriff, and 
 
 23. — (1.) Every sherifl shall within one month after the notification of his 
 appointment in the London Gazette by writing under his hand appoint some 
 fit person to be his under-sheriff, and shall transmit a duplicate of such written 
 appointment to the clerk of the peace for the county, which shall be filed by 
 him among the records of his office. 
 
 Obligation to appoint deputy resident in London. 
 
 24. Every sheriff shaU appoint a sufiicient deputy, who shall be resident or 
 have an office within one mile from the Inner Temple Hall, for the receipt of writs, 
 the granting of warrants thereon, the making of returns thereto, and the 
 acceptance of all rules and orders to be made on or touching the execution of 
 any process or writ to be directed to such sherifl. 
 
 Execution of office by uiider-shn-iff on death or suspension of sheriff. 
 
 25. — (1.) Where the sherifl of a coimty dies before the expiration of his year 
 •of office or before he is lawfully superseded, the under-sheriff by him appointed 
 shall nevertheless continue in office and shall until another sherifl be appointed 
 for the said county and has made the declaration of office, execute the office of 
 sherifl, in the name of the deceased sherifl, and be answerable for the execution 
 of the said office as the deceased sherifl would by law have been if living ; 
 and the security given to the sherifl so deceased by the said under-sheriff and 
 his pledges shall rem.ain and be a security to the Crown and to all persons 
 whomsoever for such under-sheriff's due execution of the offices of sheriff and 
 under-sheriff (i). 
 
 (2.) When it becomes the duty of an under-sheriff to act as sherifl under the 
 provisions of this section he may by writing under his hand appoint a deputy. 
 
 Application of Act to sheriffs of counties of cities and counties of towns. 
 
 36. — (1.) The sheriff of a county of a city or a county of a town other than 
 London shall continue to be appointed in manner provided by the Municipal 
 Corporations Act, 1882, and shall hold office for the term in that Act mentioned, 
 and in the event of the death or incapacity of a sheriff so appointed, the council 
 of the said city or town shall forthwith appoint another fit person to execute 
 the office (i). 
 
 (0 *^ee p. 11, sujira. 
 
STATUTES. COUNTY COURTS ACT, 1888. 365 
 
 CoruTY Courts Act, 1888. 
 
 51 & .52 Vict. c. 43. 
 
 Part II. — Judges and Officers. 
 
 Appointment and qualification of Judges. 
 
 8. The Lord Cliancellor shall from time to time appoint as many fit persons, 
 not exceeding sixty, as are needed to be judges of the courts under this Act, 
 each of whom shall be a barrister-at-law of at least seven years' standing : 
 Provided that where the whole of a district is within the duchy of Lancaster the 
 appointment of the judge for such district shall be made by the chancellor of 
 the said duchy. No judge shall during his continuance in the office of judge be 
 capable of being elected or of sitting as a member of the House of Commons {j). 
 
 Bankruptcy Act, 1890. 
 
 53 & 54 Vict. c. 71. 
 
 Disqualifiudimi of banli'tipt. 
 
 9. No disqualification arising by virtue of section thirty-two of the principal 
 Act shall exceed a period of five years from the date of any discharge which may 
 have been, or may hereafter be, granted under and by virtue of the principal 
 Act, or of this Act. It is hereby declared that the disqualifications arising by 
 virtue of the said section include disqualification for being elected to, or holding 
 or executing the office of, a member of a county council (k). 
 
 Supreme Court of Judicature (Procedure) Act, 1894. 
 
 57 & 58 Vict. c. 1(3. 
 
 An Act to amend the Supreme Coui-t of Judicature Acts. [3r(l July, 1894.} 
 
 Appeals. — Regulations as to appeals. 
 
 1. — (1.) No appeal shall lie — . . . 
 
 (b) without the leave of the Judge, or of the Court of Appeal,_ from any 
 interlocutory order or interlocutory judgment made or given by a 
 judge, except [in certain specified cases not affecting elections'} and 
 (vi.) such other cases, to be prescribed by rules of court, as may in the 
 opinion of the authority for making such riiles be of the nature of 
 final decisions. 
 (4.) In matters of practice and procedure every appeal from a judge shall be 
 to the Court of Appeal. 
 
 Corrupt and Illegal Practices Prevention Act, 1895. 
 
 58 & 59 Vict. c. 40. 
 
 Certain false statements concerning a candidate to he an illegal practice. 
 
 1. Any person who, or the directors of any body or association corporate 
 which, before or during any Parliamentary election, shall, for the purpose of 
 affecting the retm-n of any candidate at such election, make or publish any false 
 
 (j) Sec p. s; xupm. (li) See pp. l,"fi, tupni. 
 
366 APPENDIX II. 
 
 statement of fact in relation to the personal character or conduct of such candidate 
 shall be guilty of an illegal practice within the meaning of the provisions of the 
 Corrupt and Illegal Practices Prevention Act, 1883, and shall be subject to all 
 the penalties for and consequences of committing an illegal practice in the said 
 Act mentioned, and the said Act shall be taken to be amended as if the illegal 
 practice defined by this Act had been contained therein [l). 
 
 Evidence on hearing of charge under the Act. 
 
 2. No person shall be deemed to be guilty of such illegal practice if he can 
 show that he had reasonable grounds for believing, and did believe, the statement 
 made by biTn to be true (m). 
 
 Any person charged with an oilence under this Act, and the husband or wife 
 of such person, as the case may be, shall be competent to give evidence in answer 
 to such charge. 
 
 Injunction against person making false statement. 
 
 3. Any person who shall make or publish any false statement of fact as 
 aforesaid may be restrained by interim or perpetual injunction by the High 
 Court of Justice from any repetition of such false statement or any false state- 
 ment of a similar character in relation to such candidate, and for the purpose of 
 granting an interim injunction primei facie proof of the falsity of the statement 
 shall be sufficient (n). 
 
 Candidate exonerated -in certain cases of illegal practice by agents. 
 
 4. A candidate shall not be liable, nor shall be subject to any incapacity, nor 
 shall his election be avoided, for any illegal practice under this Act committed 
 by his agent other than his election agent, unless it can be shown that the 
 •candidate or his election agent has authorised or consented to the committing of 
 such illegal practice by such other agent, or has paid for the circulation of the 
 false statement constituting the illegal practice, or unless upon the hearing of 
 an election petition the election court shall find and report that the election of 
 such candidate was procured or materially assisted in consequence of the making 
 or publishing of such false statements (o). 
 
 Short title. 
 
 5. This Act may be cited as the Corrupt and Illegal Practices Prevention Act, 
 1895, and shaU be construed as one with the Corrupt and Illegal Practices Pre- 
 vention Act, 1883, and that Act and this Act may be cited together as the Corrupt 
 and Illegal Practices Prevention Acts, 1883 and 1895. 
 
 Criminal Evidence Act, 1898. 
 61 & 62 Vict, c, 36. 
 
 Competency of ivitnesses in criminal cases. 
 
 1. Every person charged with an offence, and the wife or husband, as the case 
 may be, of the person so charged, shaU be a competent witness for the defence 
 at every stage of the proceedings, whether the person so charged is charged 
 solely or jointly with any other person. Provided as follows : — 
 
 (a.) A person so charged shall not be called as a witness in pui'suance of this 
 
 Act except upon his own application : 
 (b.) The failure of any person charged with an offence, or of the wife or 
 husband, as the case may be, of the person so charged, to give evidence 
 shall not be made the subject of any comment by the prosecution : 
 
 (/,) See p. Ul, .s-iy/ra. («) See p. 163, «zy;r«. 
 
 (ill) Seep. UiS, siipriu («) See pp. (12, 141, 161, 6-iyirtf, 
 
STATUTES. CRIMINAL EVIDENCE ACT, 1888. 367 
 
 (c.) The wife or husband of the person charged shall not, save as in this Act 
 mentioned, be called as a witness in pursuance of this Act except upon 
 the application of the person so charged : 
 (d.) Nothing in this Act shall make a husband compellable to disclose any 
 communication made to him by his wife during the marriage, or a wife 
 compellable to disclose any communication made to her by her husband 
 during the marriage : 
 (e.) A person charged and being a witness in pursuance of this Act may be 
 asked any question in cross-examination notwithstanding that it would 
 tend to criminate him as to the oHence charged : 
 ( f . ) A person charged and called as a witness in piu'suance of this Act shall 
 not be asked, and if asked shall not be required to answer, any question 
 tending to show that he has committed or been convicted of or been 
 charged with any ofience other than that wherewith he is then charged, 
 or is of bad character, unless — 
 
 (i.) the proof that he has committed or been convicted of such other 
 offence is admissible evidence to show that he is guilty of the 
 offence wherewith he is then charged; or 
 (ii.) he has' personally or by his advocate asked questions of the 
 witnesses for the prosecution with a view to establish his own good 
 character, or has given evidence of his good character, or the 
 nature or conduct of the defence is such as to involve imputa- 
 tions on the character of the prosecutor or the witnesses for the 
 prosecution; or 
 (iii.) he has given evidence against any other person charged with the 
 same offence, 
 (g.) Every person called as a witness in pursuance of this Act shall, unless 
 otherwise ordered by the court, give his evidence from the witness box 
 or other place from which the other witnesses give their evidence : 
 (h.) Nothing in this Act shall affect the provisions of section eighteen of the 
 Indictable Offences Act, 1848, or any right of the person charged to 
 make a statement without being sworn. 
 
 Evidence of person charged. 
 
 2. Where the only witness to the facts of the case called by the defence is the 
 person charged, he shall be called as a witness immediately after the close of 
 the evidence for the prosecution. 
 
 Right of replij, 
 
 3. In oases where the right of reply depends upon the question whether 
 evidence has been called for the defence, the fact that the person charged has 
 been called as a witness shall not of itself confer on the prosecution the right 
 of reply. 
 
 Provision as to previous Acts. 
 
 6. — (1.) This Act shall apply to all criminal proceedings, notwithstanding any 
 enactment in force at the commencement of this Act, except that nothing in 
 this Act shall affect the Evidence Act, 1877. 
 
 (2.) But this Act shall not applj' to proceedings in courts martial unless so 
 applied — 
 (a.) as to courts martial under the Naval Discipline Act, by general orders 
 
 made in pursuance of section sixty-five of that Act ; and 
 (b.) as to courts martial under the Army Act by rules made in pursuance of 
 section seventy of that Act. 
 
 Extent, commencement, and short title. 
 
 7.— (1.) This Act shaU not extend to Ireland. 
 
 (2.) This Act shall come into operation on the expiration of two months from 
 
 the passing thereof. 
 (3.) This Act may be cited as the Criminal Evidence Act, 1898. 
 
APPENDIX III. 
 
 PAKLIAMENTAEY ELECTION PETITION 
 
 EULES. 
 
 MICHAELMAS TEEM, 186S. 
 
 General Mules made hj Sir Samuel Martin, Knight, one of the Barons of the 
 Exchequer ; Sir James Shaw Willes, Knight, one of the Justices of the 
 Common Pleas ;>and Sir Colin Blackburn, Knight, one of the Justices of the 
 Queen's Bench; the Judges for the time being for the trial of Election 
 Petitions in England, pursuant to the Parliamentary Elections Act, 1868. 
 
 I. The presentation of an Election Petition shall be made by leaving it at the 
 office of the Master nominated by the Chief Justice of the Common Pleas (a), 
 and such Master or his Clerk shall (if required) give a receipt which may be in 
 the following form : — 
 
 Eeceived on the day of at the Master's office, a Petition touching 
 
 the Election of A.B., a Member for , purporting to be signed by [insert 
 
 the names of the Petitioners']. 
 
 CD., Blaster's Cleric. 
 
 With the Petition shall also be left a copy thereof for the Master to send to 
 the Returning Officer, pursuant to Section 7 of the Act. 
 
 II. An Election Petition shall contain the following statements : — 
 
 (1.) It shall state the right of the Petitioner to petition within Section 5 of 
 the Act. 
 
 (2.) It shall state the holding and result of the election, and shsill briefly state 
 the facts and grounds relied on to sustain the prayer. 
 
 III. The Petition shall be divided into paragraphs, each of which, as nearly 
 as may be, shall be confined to a distinct portion of the subject, and every para- 
 graph shall be numbered consecutively, and no costs shall be allowed of drawing 
 or copying any Petition not substantially in compliance with this rule, unless 
 otherwise ordered by the Court or a Judge. 
 
 IV. The Petition shall conclude with a prayer, as, for instance, that some 
 specified pers6n should be declai-ed duly i'etiu:ned or elected, or that the election 
 should be declared void, or that a return may be enforced (as the case may be), 
 and shall be signed by all the Petitioners. 
 
 V. The following form, or one to the like effect, shall be sufficient : — 
 
 In the Common Pleas (6). 
 The Parliamentary Elections Act, 1868. 
 
 Election for [state the placel holden on the day of A.D. 
 
 The Petition of A., of [or of A., of , and B., of , as the case 
 
 may Je] whose names are subscribed. 
 
 (1.) Tour Petitioner A. is a person who voted [or had a right to vote, as the 
 ease may be] at the above election [or claims to have had a right to be returned 
 at the above election, or was a candidate at the above election] ; and your 
 Petitioner B. [here state in like manner the right of each Petitioner] . 
 
 (2.) And your Petitioners state that the election was holden on the day 
 
 of _ A.D. when A.B., CD., and E.E. were candidates, and the 
 
 Betuming Officer has returned A.B. and CD. as being duly elected. 
 
 (o) At the present day, the Lord Chief (J) At the present day, in the High 
 
 Justice o£ England. Court of Justice, King's Bench Division. 
 
 L.E. B B 
 
370 APPENDIX III. 
 
 (3.) And your Petitioners say that [/iere state the facte and grounds on which 
 the Petitioners rehf]. 
 
 Wherefore your Petitioners pray that it may be determined that the said A.B. 
 was not duly elected or i-eturned, and that the election was void [or that the 
 said E.P. was duly elected and ought to have been returned, or as the case 
 may be']. 
 
 (Signed) 
 A. 
 B. 
 
 VI. Evidence need not be stated in the Petition, but the Court or a Judge 
 may order such particulars as may be necessary to prevent surprise and 
 unnecessary expense, and to insure a fair and effectual trial in the same way as 
 in ordinary proceedings in the Court of Common Pleas (c) , and upon such terms 
 as to costs and otherwise as may be ordered. 
 
 VII. When u Petitioner claims the seat for an unsuccessful candidate, 
 alleging that he had a majority of lawful votes, the party complaining of or 
 defending the election or retiu-n shall, six; days before the day appointed for 
 trial, deliver to the Master, and also at the address, if any, given by the 
 Petitioners and Respondent, as the case may be, a list of the votes intended to 
 be objected to, and of the heads of objection to each such vote, and the Master 
 shall allow inspection and office copies of such lists to all parties concerned ; and 
 no evidence shall be given against the validity of any vote, nor upon any head 
 of objection not specified in the list, except by leave of the Court or Judge, upon 
 such terms as to amendment of the list, postponement of the inquiry, and 
 payment of costs, as may be ordered. 
 
 VIII. When the Respondent in a Petition under the Act, complaining of an 
 undue return and claiming the seat for some pei-son, intends to give evidence to 
 prove that the election of such person was undue, pursuant to the 53rd section 
 of the Act, such respondent shall, six days before the day appointed for trial, 
 deliver to the Master, and also at the address, if any, given by the Petitioner, 
 a list of the objections to the election upon which he intends to rely, and the 
 Master shall allow inspection and office copies of such lists to all parties con- 
 cerned; and no evidence shall be given by a Respondent of any objection to the 
 election not specified in the list, except by leave of the Court or Judge, upon 
 such terms as to amendments of the list, postponement of the inquiry, and pay- 
 ment of costs, as may be ordered. 
 
 IX. With the Petition Petitioners shall leave at the office of the Master a 
 writing, signed by them or on their behalf, giving the name of some person 
 entitled to practise as an Attorney or Agent in cases of Election Petitions whom 
 they authorise to act as their Agent, or stating that they act for themselves, as 
 the case may be, and in either case giving an address, within three miles from 
 the General Post Office, at which notices addressed to them may be left ; and if 
 no such writing be left or address given, then notice of objection to the 
 recognisances, and all other notices and proceedings may be given by sticking 
 up the same at the Master's office. 
 
 X. Any person returned as a Member may at any time after he is returned 
 send or leave at the office of the Master a writing, signed by him or on his 
 behalf, appointing a person entitled to practise as an Attorney or Agent in cases 
 of Election Petitions to act as his Agent in case there should be a Petition 
 against him, or stating that he intends to act for himself, and in either case 
 giving an address, within three miles from the General Post Office, at which 
 notices may be left, and in default of such writing being left in a week after 
 service of the Petition, notices and proceedings may be given and served 
 respectively by sticking up the same at the Master's ofiice. 
 
 XI. The Master shall keep a book or books at his office in which he shall 
 enter all addresses and the names of Agents given under either of the 
 preceding rules, which book shall be open to inspection by any person during 
 office hours. 
 
 XII. The Master shall upon the presentation of the Petition forthwith send a 
 copy of the Petition to the Returning Officer, pursuant to Section 7 of the 
 
 (p) At the present clay, the King's Bench Division of the High Court of Justice. 
 
ELECTION PETITION RULES. 371 
 
 Act, and shall therewith, send the name of the Petitioner's Agent, if any, and of 
 the address, if any, given as prescribed, and also of the name of the Eespon- 
 dent's Agent, and the address, if any, given as prescribed, and the Eetuming 
 OflBcer shall forthwith publish those particulars along with the Petition. 
 
 The cost of publication of this and any other matter required to be published 
 "by the Eeturnmg Officer shall be paid by the Petitioner or person moving in the 
 matter, and shall form part of the general costs of the Petition. 
 
 XIII. The time for giving notice of the presentation of a Petition and of the 
 nature of the proposed security, shall be five days, exclusive of the day of 
 j)resentation. 
 
 XIV. Where the respondent has named an agent or given an address, the 
 service of an Election Petition may be by delivery of it to the agent, or by 
 posting it in a registered letter to the address given at such time that, in 
 the ordinary course of post, it would be delivered within the prescribed time. 
 
 In other cases the service must be personal on the Respondent, unless a Judge, 
 on an application made to him not later than five days after the Petition is 
 presented on affidavit showing what has been done, shall be satisfied that all 
 reasonable effort hasjbeen made to effect personal service and cause the matter 
 to come to the knowledge of the Eespondent, including, when practicable, 
 service upon an agent for election expenses, in which case the Judge may order 
 that what has been done shall be considered sufficient service, subject to such 
 •conditions as he may think reasonable. 
 
 XV. In case of evasion of service the sticking up a notice in the office of the 
 Master of the Petition having been presented, stating the Petitioner, the prayer, 
 and the nature of the proposed security, shall be deemed equivalent to personal 
 service if so ordered by a Judge. 
 
 XA^. The deposit of money by way of security for payment of costs, charges, 
 •and expenses payable by the Petitioner shall be made by payment into the 
 Bank of England to an account to be opened there by the description of " The 
 Parliamentary Elections Act, 1808, Security Fund," which shall be vested in 
 and drawn upon from time to time by the Chief Justice of the Common Pleas (d) 
 for the time being, for the purposes for which security is required by the said 
 Act, and a Bank receipt or certificate for the same shall be forthwith left at the 
 Master's office. 
 
 XVII. The Master shall file such receipt or certificate, and keep a book open 
 to inspection of all parties concerned, in which shall be entered from time to 
 time the amount and the Petition to which it is applicable. 
 
 XVIII. The I'ecognisance as security for costs may be acknowledged before a 
 Judge at Chambers or the Master in town, or a Justice of the Peace in the 
 countiy. 
 
 There may be one recognisance acknowledged by all the sureties, or sepa- 
 rate recognisances by one or more, as may be convenient. 
 
 XIX. The recognisance shall contain the name and usual place of abode of 
 •each surety, with such sufficient description as shall enable him to be found or 
 ascertained, and may be as follows : — 
 
 Be it remembered that on the day of in the Year of our Lord, 18 , 
 
 before me [_name and description] came A.B., of [name and description as above 
 prescribed'] and acknowledged himself [or severally acknomledged themselves] to 
 owe to our Sovereign Lady the Queen the sum of one thousand pounds [or the 
 Jollowing sums] (that is to say) the said CD., the sum of £ , the said E.P. 
 
 the sum of £ , the said Gr.H., the sum of £ , and the said J.K., the 
 
 •sum of £ , to be levied on his [or their respective] goods and chattels, 
 
 land and tenements, to the use of our said Sovereign Lady the Queen, her heirs 
 and successors. 
 
 The condition of this, recognisance is that if [here insert the names of all the 
 Petitioners, and if more than one, add, or any of them] shall well and truly pay 
 all costs, charges, and expenses in respect of the Election Petition signed by 
 nim [or them], relating to the [here insert the name of the borough, or cotmty] 
 which shall become payable by the said Petitioner [or Petitioners, or any of 
 
 W At the present day, the Lord Chief Justice of England. 
 
 B B 2 
 
372 APPENDIX III. 
 
 them] under tlie Parliamentary Elections Act, 1868, to any person or persons, 
 then this recognisance to be void, otherwise to stand in full force. 
 
 (Signed) 
 
 \_Signatures of Sureties.] 
 Taken and acknowledged by the above-named [names of sureties'] on the 
 day of at before me, 
 
 CD., 
 A Justice of the Peace [or as the case may he]. 
 
 XX. The recognisance or recognisances shall be left at the Master's oflBce by 
 or on behalf of the Petitioner in like manner as before prescribed for the leaving 
 of a Petition forthwith after being acknowledged. 
 
 XXI. The time for giving notice of any objection to a recognisance under the^ 
 8th section of the Act shall be within five days from the date of service of the- 
 notice of the Petition and of the nature of the security, exclusive of the day of 
 service. 
 
 XXII. An objection to the recognisance must state the gi-ound or grounds 
 thereof, as that the sureties, or any and which of them, are insufficient, or that 
 u, surety is dead, or that he cannot be found, or that a person named in the 
 recognisance has not duly acknowledged the same. 
 
 XXIII. Any objection made to the security shall be heard and decided by 
 the Master, subject to appeal within five days to a Judge, upon summons takea 
 out by either party to declare the security sufficient or insufficient. 
 
 XXIV. Such healing and decision may be either upon affidavit or personal' 
 examination of witnesses or both, as the Master or Judge may think fit. 
 
 XXV. If by order made upon such summons the security be declared suffi- 
 cient, its sufficiency shall be deemed to be established within the meaning of the- 
 9th section of the said Act, and the Petition shall be at issue. 
 
 XXVI. If bj' order made upon such summons an objection be allowed and 
 the security be declared insufficient, the Master or Judge shall in such order 
 state what amount he deems requisite to make the security sufficient, and the- 
 further prescribed time to remove the objection by deposit shall be within five 
 days from the date of the order, not including the day of the date, and such 
 deposit shall be made in the manner already prescribed. 
 
 XXVII. The costs of hearing and deciding the objections made to the 
 security given shall be paid as ordered by the Master or Judge, and in default 
 of such order shall foim part of the general costs of the Petition. 
 
 XXVIII. The costs of hearing and deciding an obj ection upon the ground of' 
 insufflciencj' of a surety or sureties shall be paid by the Petitioner, and a clause- 
 to that effect shall be insei'ted in the order declaring its sufficiency or insufficiency, 
 unless at the time of leaving the recognisance with the Master there be also left, 
 with the Master an affidavit of the sufficiency of the surety or sureties sworn by 
 each surety before a Justice of the Peace, which affidavit any Justice of the 
 Peace is hereby authorised to take, or before some person authorised to take 
 affidavits in the Court of Common Pleas {<!) that he is seised or possessed of real 
 or personal estate, or both, above what will satisfy his debts of the clear value 
 of the sum for which he is bound by his recognisance, which affidavit may be as- 
 follows : 
 
 In the Common Pleas (rf). 
 Parliamentary Elections Act, 1868. 
 
 I, A.B., of [as in recognisance] make oath and say that I am seised orpossessed' 
 of real [or personal] estate above what will satisfy my debts of the clear value 
 of Sworn, &c. 
 
 XXIX. The order of the Master for payment of costs shall have the same 
 force as an order made by a Judge, and may be m.ade a rule of the Court of 
 Common Pleas (d), and enforced in like manner as a Judge's order. 
 
 XXX. The Master shall make out the Election List. In it he shall insert the 
 names of the Agents of the Petitioners and Eespondent, and the addresses to 
 
 (d') At the present day, the King's Bench Division of the High Court of Justice. 
 
ELECTION PETITION RULES. 373 
 
 wMch notices may be sent, if any. The List maj' be inspected at the Master's 
 office at any time during office hours, and shall be put up for that purpose upon 
 a notice board appropriated to proceedings under the said Act, and headed 
 " Parliamentary Elections Act, 1868." 
 
 XXXI. The time and place of the trial of each Election Petition shall be fixed 
 by the Judges on the rota, and notice thereof shall be given in writing by the 
 Master by sticking notice up in his office, sending one copy by the post to the 
 address given by the Petitioner, another to the address given by the Eespondent, 
 if any, and a copy by the post to the Sheriff, or in case of a Borough having 
 a Mayor, to the Mayor of that Borough, fifteen days before the day ajspointed 
 for the trial. 
 
 The Sheriff or Mayor, as the case may be, shall forthwith publish the same in 
 tlie County or Borough. 
 
 XXXII. The sticking up of the notice of Trial at the office of the Master 
 shall be deemed and taken to be iiotice in the prescribed manner within the 
 meaning of the Act, and such notice shall not be vitiated by any miscarriage of, 
 or relating to, the copy or copies thereof to be sent as already directed. 
 
 XXXIII. The notice of trial may be in the following form: — 
 
 Parliamentary Elections Act, 1868. 
 
 Election Petition of 
 County [or Borough] of 
 Take notice that the above Petition [or Petitions] will be tried at on the 
 
 day of and on such other subsequent days as may be needful. 
 
 Dated the day of 
 
 Signed, By Order, 
 A,B., 
 The Master appointed under the above Act. 
 
 XXXIV. A Judge may from time to time, by order made upon the applica- 
 tion of a party to the Petition, or by notice in such form as the Judge may 
 direct to be sent to the Sherifl! or Mayor, as the case may be, postpone the 
 beginning of the trial to such day as he may name, and such notice when 
 received shall be forthwith made public by the Sheriff or Mayor. 
 
 XXXV. In the event of the Judge not having arrived at the time appointed 
 for the trial, or to which the tiial is postponed, the commencement of the trial 
 shall ipso facto stand adjourned to the ensuing day, and so from day to day. 
 
 XXXVI. No formal adjournment of the Coiu't for the trial of an Election 
 Petition shall be necessary, but the trial is to be deemed adjourned, and may be 
 continued from day to day until the inquiry is concluded ; and in the event of 
 the Judge who begins the trial being disabled by illness or otherwise, it may 
 be recommenced and concluded by another Judge. 
 
 XXXVII. The application to state a special case may be made by rule in the 
 Court of Common Pleas (e) when sitting, or by a summons before a Judge at 
 Chambers, upon hearing the parties. 
 
 XXXVm. The title of the Court of Record held for the trial of an Election 
 Petition may be as follows : — 
 
 ' ■ Court for the trial of an Election Petition for the [County of or Borough 
 
 of as may be} between Petitioner, and Eespondent. 
 
 And it shall be sufficient so to entitle all proceedings in that Court. 
 
 XXXIX. An officer shall be appointed for each Court for the trial of an 
 Election Petition, who shall attend at the trial in like manner as the clerks of 
 assize and of arraigns attend at the assizes. 
 
 Such officer may be called the Registrar of that Court. He by himself, or 
 m case of need his sufficient deputy, shall perform all the functions incident 
 to the officer of a Court of Record, and also such duties as may be prescribed 
 to him. 
 
 ■^- The reasonable costs of any witness shall be ascertained by the Registrar 
 of the Coui't, and the certificate allowing them shall be under his hand. 
 
 (c) At the present day, the King's Bench Division of the High Court of Justice. 
 
374 APPENDIX III. 
 
 XLI. The order of a Judge to compel the attendance of a person as a witness; 
 may be in the following form : — 
 
 Court for the trial of an Election Petition for [co«y9?rfe the title of the Court]! 
 the day of 
 
 To A.B. [descrihe the person^. 
 You are hereby required to attend before the above Court at [place'] on the 
 day of at the hour of [or forthwith, as the case may be] to be examined as. 
 
 a witness in the matter of the said Petition, and to attend the said Coiu-t until 
 your examination shall have been completed. 
 
 As witness my hand, 
 
 A.B., 
 Judge of the said Court. 
 
 XLII. In the event of its being necessary to commit any person for contempt^ 
 the wari'ant may be as follows ; — 
 
 At a Court holden on at for the trial of an Election Petition for 
 
 the County [or Borough] of before Sir Samuel Martin, Knight, one of the 
 
 barons of Her Majesty's Court of Exchequer, and one of the Judges for the' 
 time being for the trial of Election Petitions in England (/), piu-suant to the 
 Parliamentary Elections Act, 1868. 
 
 Whereas A.B. has this day been guilty, and is by the said Court adjudged to 
 be guilty, of a contempt thereof, the said Court does therefore sentence the 
 said A.B. for his said contempt to be imprisoned in the Gaol for 
 
 calendar months, and to pay to our Lady the Queen a, fine of £ , and to 
 
 be further imprisoned in the said gaol until the said fine be paid ; and the Com-t 
 further orders that the sheriff of the said county [or as the case may be] and all 
 constables and officers of the peace of any county or place where the said A.B. 
 may be found, shall take the said A.B. into custody and convey him to the said 
 gaol, and there deliver him into the custody of the gaoler thereof, to imdergo 
 his said sentence ; and the Court further orders the said gaoler to receive the 
 said A.B. into his custody, and that he shall be detained in the said gaol in 
 pursuance of the said sentence. 
 
 A.D. 
 
 Signed the day of 
 
 S.M. 
 
 XLIII. Such warrant may be made out and directed to the sheriff or other 
 person having the execution of process of the Superior Courts, as the case may 
 be, and to all constables and officers of the peace of the county or place where 
 the person adjudged guilty of contempt may be found, and such warrant shall 
 be sufficient without further particularity, and shall and may be executed by 
 the persons to whom it is directed or any or either of them. 
 
 XLIV. All interlocutoiy questions and matters, except as to the sufficiency 
 of the secui-ity, shall be heard and disposed of before a Judge, who shall have 
 the same control over the proceedings under the Parliamentary Elections Act, 
 1868, as a Judge at Chambers in the ordinary proceedings of the Superior 
 Courts, and such questions and matters shall be heard and disposed of by one 
 of the Judges upon the rota, if practicable, and if not, then by any Judge at 
 chambers. 
 
 XLV. Notice of an apislication for leave to withdraw a Petition shall be in 
 writing and signed by the Petitioners or their agent. 
 
 It shall state the gi-ound on which the application is intended to be supported. 
 
 The following form shall be sufficient : — 
 
 Parliamentary Elections Act, 1868. 
 
 County [or Borough] of Petition of [state Petitioners] presented 
 
 day of 
 
 The Petitioner proposes to apply to withdraw his Petition upon the following 
 ground [here state the yround], and prays that a day may be ajjpointed for 
 hearing his apj)lication. 
 
 Dated this day of 
 
 (Signed) 
 
 (/) Now two Judges of the King's Bench Division of the High Conrt of Justice. 
 See p. 209, svjJra. 
 
ELECTION PETITION RULES. 375 
 
 XLVI. The notice of application for leave to withdraw shall be left at the 
 Master's office. 
 
 XLVII. A copy of such notice of the intention of the Petitioner to apply for 
 leave to withdraw his Petition shall be given by the Petitioner to the Eespondent, 
 and to the returning officer, who shall make it public in the county or borough 
 to which it relates, and shall be forthwith published by the Petitioner in at 
 least one newspaper circulating in the place. 
 
 The following may be the foi-ni of such notice : — • 
 
 Parliamentary Elections Act, 1868. 
 
 In the Election Petition for in which is Petitioner and 
 
 Eespondent. 
 
 Notice is hereby given, that the above Petitioner has on the day of 
 
 lodged at the Master's office, notice of an application to withdraw the 
 Petition, of which notice the following is a copy [set it out]. 
 
 And take notice that by the rule made by the Judges any person who might 
 have been a Petitioner in respect of the said elections, may within five days 
 after publication by the returning officer of this notice, give notice in writing 
 of his intention on the hearing, to apply for leave to be substituted as a 
 Petitioner. 
 
 (Signed) 
 
 XLVIII. Any person who might have been a Petitioner in respect of the 
 election to which the Petition relates, may within five days after such notice is 
 published by the returning officer, give notice in writing, signed by him or on 
 his behalf, to the Master, of his intention to apply at the hearing to be sub- 
 stituted for the Petitioner, but the want of such notice shall not defeat such 
 application, if in fact made at the hearing. 
 
 XLIX. The time and place for hearing the application shall be fixed by a 
 Judge, and whether before the Court of Common Pleas (</) or before a Judge, as 
 he may deem advisable, but shall not be less than a week after the notice of the 
 intention to apply has been given to the Master as hereinbefore provided, and 
 notice of the time and place appointed for the hearing shall be given to such 
 person or persons, if any, as shall have given notice to the Master of an intention 
 to apply to be substituted as Petitioners, and otherwise in such manner and at 
 such time as the Judge directs. 
 
 L. Notice of abatement of a Petition, by death of the Petitioner or surviving 
 Petitioner, under Section 37 of the said Act, shall be given by the party or 
 person interested lq the same manner as notice of an application to withdraw 
 a Petition, and the time within which application may be made to the Court or 
 a Judge, by motion or summons at Chambers, to be substituted as a Petitioner, 
 shall be one calendar month, or such further time as upon consideration of any 
 special circumstances the Court or a Judge may allow. 
 
 LI. If the Eespondent dies or is summoned to Parliament as a peer of Great 
 Britain by a writ issued under the Great Seal of Great Britain, or if the House 
 of Commons have resolved that his seat is vacant, any person entitled to be a 
 Petitioner under the Act in respect of the election to which the Petition relates, 
 may give notice of the fact in the county or borough by causing such notice to 
 be published in at least one newspaper circulating therein, if any, and by leaving 
 a copy of such notice signed by bim or on his behalf with the returning officer, 
 and a like copy with the Master. 
 
 LII. The manner and time of the Eespondent's giving notice to the Court 
 that he does not intend to oppose the petition, shall be by leaving notice thereof 
 m writing at the office of the Master, signed by the respondent six days before 
 the day appointed for trial, exclusive of the day of leaving such notice. 
 
 Lin. Upon such notice being left at the Master's office, the Master shall 
 forthwith send a copy thereof bj' the post to the Petitioner or his agent, and to 
 the Sheriff or Mayor, as the case may be, who shall cause the same to bo 
 published in the county or borough. 
 
 LIV. The time for applying to be admitted as a Eespondent in either of the 
 
 (y) At the present day, the King's Bench Division of the High Coart of Justice. 
 
376 APPENDIX III. 
 
 events mentioned in the 3Sth section of the Act shall be within ten days after 
 such notice is given as hereinbefore directed, or such fui'ther time as the Court 
 or a Judge may allow. 
 
 LV. Costs shall be taxed by the Master, or at his request by any Master of 
 a Superior Court, uj^on the rule of Court or Judge's order by which the costs 
 are payable, and costs when taxed may be recovered by execution issued upon 
 the rule of Court ordering them to be paid ; or, if payable by the order of a 
 Judge, then by making such order a rule of Court in the ordinaiy way and 
 issuing execution upon such rule against the person by whom the costs are 
 ordered to be paid, or in case there be money in the Bank available for the 
 pui-pose, then to the extent of such money by order of the Chief Justice of the 
 Common Pleas (/;) for the time being, ujion a duplicate of the rule of Court. 
 
 The office fees payable for inspection, office copies, enrolment, and other 
 proceedings under the Act, and these rules, shall be the same as those payable, 
 if any, for like proceedings according to the present practice of the Court of 
 Common Pleas (i). 
 
 LVI. The Master shall prepare and keep a roll properly headed for entering 
 the names of all persons entitled to practise as Attorney or Agent in cases of 
 Election Petitions, and all matters relating to elections before the Court and 
 Judges, pursuant to the 57th section of the said Act, which roll shall be kept 
 and dealt with in all respects as the roll of attorneys of the Court of Common 
 Pleas (/), and shall be under the control of that Court, as to striking off the roll 
 and otherwise. 
 
 LVII. The entry upon the roll shall be written and subscribed by the 
 attorney or agent, or some attorney authorised by him in writing to sign on his 
 behalf, who shall therein set forth the name, description, and address in full. 
 
 LVIII. The Master may allow any person upon the roll of attoi-neys for the 
 time being, and diu'ing the present year any person whose name or the name of 
 whose firm is iu the law list of the present year as a parliamentary agent, to 
 subscribe the roll, and permission to subscribe the roll may be granted to any 
 other person by the Court or a Judge upon affidavit, showing the facts which 
 entitle the apjjlicant to practise as agent according to the principles, practice, 
 and mles of the House of Commons in cases of Election Petitions. 
 
 LIX. An agent employed for the Petitioner or Eespondent shall forthwith 
 leave written notice at the office of the Master, of his appointment to act as such 
 agent, and service of notices and proceedings upon such agent shall be sufficient 
 for all purposes. 
 
 LX. No jn-oceeding imder the Parliamentary Elections Act, 1868, shall be 
 defeated by any foi-mal objection. 
 
 LXI. Any rule made or to be made in pursuance of the Act, if made in term 
 time shall be published by being read by the Master in the Court of Common 
 Pleas (i), and if made out of tenn by a copy thereof being put \ip at the 
 Master's office. 
 
 Dated the 21st day of November, 1868. 
 
 SAMUEL MAETIN. X 
 
 J. S. WILLES. X 
 
 COLIN BLACKBUBN. X 
 
 The Judges for the Trial of Ehxtioii Petitions in England. 
 
 Queen's Jlrnr.h ; the Judges, for the time heing, for the trial of Election 
 Petitions in England, ■pursuant to the Parliamentary Elections Act, 1868. 
 
 That notice of the time and place of the trial of each Election Petition shall 
 be transmitted by the Master to the Treasury, and to the Clerk of the Crown in 
 
 (/i) At the present day, the Lord Chief (/) At the present day, the King's Bench 
 
 Justice of England. Division of the High Court of Justice. 
 
ELECTION PETITION RULES. 377 
 
 Chancery ; and that the Clerk of the Crown in Chancery shall, on or before the 
 day fixed for tho trial, deliver, or cause to be delivered, to the Eegistrar of the 
 Judge who is to try the Petition, or his deputy, the poll books, for which the 
 Eegistrar or his deputy shall give, if required, a receipt, and that the Registrar 
 shall keep in safe custody the said poll books until the trial is over, and then 
 return tho same to the Crown Office. 
 
 Dated the 19th day of December, 1868. 
 
 SAMUEL MAETIN. X 
 
 J. S. WILLES. X 
 
 COLIN BLACKBUEN. X 
 
 'The Jmhjes fur the trial of Eh-iiiiiu Petitions in Eiujland. 
 
 Additional General Rules made bi/ tin: Jmlrjes for the time heing for the trial of 
 Eler.tinn Fetitions in Enyland, pursuant to the Parlianientarij Elections 
 Act, 1868. 
 
 I. AH claims at law or in equity to money deposited or to be deposited in 
 the Bank of England for payment of costs, charges, and expenses payable by 
 the Petitioners pursuant to the 16th General Rule, made the 21st of November, 
 1868, by the Judges for the trial of Election Petitions in England, shall be 
 disposed of by the Court of Common Pleas (/j) or a Judge. 
 
 n. Money so deposited shall, if and when the same is no longer needed 
 for securing payment of such costs, charges, and expenses, be returned or 
 otherwise disposed of as justice may require, by rule of the Coui-t of Common 
 Pleas (/c) or order of a Judge. 
 
 III. Such rule or order may be made after such notice of intention to apply, 
 ■and proof that all just claims have been satisfied or otherwise sufficiently 
 provided for as the Court or Judge may require. 
 
 IV. The rule or order may direct pajment either to the party in whose name 
 the same is deposited or to any person entitled to i-eceive the same. 
 
 V. Upon such rule or order being made, the amount may be drawn for by 
 the Chief Justice of the Common Pleas (/) for the time being. 
 
 VI. The draft of the Chief Justice of the Common Pleas (T) for the time being 
 shall, in all cases, be a sufficient waiTant to the Bank of England for all pay- 
 ments made thereunder. 
 
 Dated the 25th day of March, 1869. 
 
 SAMUEL MAETIN. X 
 J. S. "WILLES. X 
 COLIN BLACKBUEN. X 
 'The Judges for the trial of Election Petitions in England. 
 
 Additional General Mules made htj the Judges for the time being for the trial of 
 Election Petitions in England, pursuant to the Parliamentary Elections Act, 
 1868, for themore effectual execution of the said Act. 
 
 I. A copy of every order (other than an order giving further time for delivering 
 particulars, or for costs only), or, if the Master shall so direct, the order itself 
 or a duplicate thereof, also a copy of every particular delivered, shall be forth- 
 with filed with the Master, and the same shall be produced at the trial by the 
 Eogistrar, stamped with the official seal. Such order and particular respectively 
 shall be filed by the party obtaining the same. 
 
 II. The petitioner or his agent shall, immediately after notice of the presenta- 
 tion of a petition and of the natui'e of the proposed security shall have been 
 
 (/O At the preBent day, the King's Bench {I) At the present day, the Lord Chief 
 
 Division of tho High Court of Justice. Justice of England. 
 
378 APPENDIX III. 
 
 served, file with the Master an affidavit of the time and manner of service- 
 thereof. 
 
 III. The days mentioned in Eules 7 and 8, and in any rule of Court or 
 Judge's order, whereby particulars are ordered to be delivered, or any act is- 
 directed to be done, so many daj's before the day appointed for trial, shall bfr 
 reckoned exclusively of the day of delivery, or of doing the act ordered and 
 the day appointed for trial, and exclusively also of Sunday, Christmas Day, 
 Good Friday, and any day set apart for a public fast or public thanksgiving. 
 
 IV. When the last day for presenting petitions, or filing lists of votes or 
 objections, under Eules 7 and 8, or recognisances, or any other matter required 
 to be filed within a given time, shall happen to fall on a holiday, the Petition 
 or other matter shall be deemed duly filed if put into the letter box at the- 
 Master's office at any time during such day ; but an affidavit, stating with 
 reasonable precision the time when such delivery was made, shall be filed on 
 the first day after the expiration of the holidays. 
 
 V. Eule 40 is hereby revoked, and in lieu thereof it is ordered that the- 
 amount to be paid to any witness whose expenses shall be allowed by the Judge 
 shall be ascertained and certified by the Eegistrar; or in the event of his 
 becoming incapacitated from giving such certificate, by the Judge. 
 
 VI. After receiving notice of the Petitioner's intention to apply for leave 
 to withdraw, or of the Eespondent's intention not to oppose, or of the abatement 
 of the petition by death, or of the happening of any of the events mentioned 
 in the 38th section of the Act, if such notice be received after notice of trial 
 shall have been given, and before the trial has commenced, the Master shall 
 forthwith countermand the notice of trial. The countermand shall be given in. 
 the same manner, as near as maj' be, as the notice of trial. 
 
 Dated the 27th day of Januaiy, 1875. 
 
 G. PIGOTT. 
 
 EOBT. LUSH. 
 
 GEOEGE E. HONYMAN. 
 
 Jndijes for the time heiny on the rota for the trial of Election Petitimi^ 
 
 in Enrjland. 
 
APPENDIX IV. 
 
 ABSTEACT OF THE PEINCIPAL PEOVISIONS OF THE 
 BALLOT ACT, 1872, FOE THE INFOEMATION 
 OF EETUENING OFFICEES AT PAELIAMENTAKY 
 AND MUNICIPAL ELECTIONS IN ENGLAND AND 
 WALES (a).* 
 
 The object of the following abstract is to inform returning officers of tho 
 alterations that have been made in their duties by the Ballot Act, a copy of 
 which is sent herewith. The abstract does not relate to so much of the previous 
 law as remains unaltered, and will not relieve returning officers from the 
 necessity of making themselves intimately acquainted with the provisions of 
 the Act itself. The abstract cannot in any way override the directions of the 
 Act, and must not be considered as an authoritative interpretation of it. 
 
 The paragraphs of the abstract are numbered for facility of reference. The 
 sections and rules referred to are the sections of the Ballot Act and the rules 
 contained in the first schedule to that Act. 
 
 As this Act is now iu force, every election, whether parliamentary or municipal, 
 held to supply a casual vacancy, must he conducted in accordance with its provisions. 
 
 The attention of each returniny officer is therefore specially directed to Para- 
 graphs 7 and 18, in order that he may be pirepared for any such election. 
 
 H. A. Betjce. 
 Home Opfice, Whitehall, 
 •1-ith July, 1872. 
 
 Pakliamentaet Elections. 
 
 Preliminary. — Notices. 
 
 1. AU notices required by the Act may be given by advertisements, placards, 
 or in some similar manner (rule 46). 
 
 Nomination. — Meaning of "election." 
 
 2. In this Act the term "election" applies to elections which, not being 
 contested, are completed at the time of nomination, as well as to elections 
 which, being coii tested, are decided by a poll. 
 
 Deputy returniny officers.^Sect. 8. 
 
 3. A separate writ will be sent for each electoral division of a county, and 
 the sheriff may appoint by writing a deputy to act as returning officer for all 
 or any of the purposes of the election in such electoral division (sect. 8). 
 
 (o) Au abstract for the information of office. It was almost identical with this 
 
 returning officers in Scotland was also abstract ; any difference between them 
 
 i^ued by the Lord Advocate and was will be found noticed in the footnotes to 
 
 obtamable at the Secretary of State's the following pages. 
 
380 APPENDIX IV. 
 
 Times of nomination and pnll. 
 
 4. A time table, shoving the limits of timo allowed for the different stages in 
 an election, is appended in a schedule to these instructions (see p. 388, infra). 
 
 Notice of election. — Uale 1. 
 
 5. The returning officer will, within the time limited by rule 1, give notice 
 between 9 a.m. and 4 p.m. of the several particulars specified in rule 1. For 
 this purpose he must fix the time and place of nomination (rules |i, 3, 4), the 
 time and place at which forms of nomination papers will be supplied (rule 7), 
 and the day of the poll (rule 14). In the case of u, county election notices are 
 also to be sent by post. (See rule I.) 
 
 The form of the notice is given in the second schedule. 
 
 The old proclamation, and the holding of a county court for the purposes of 
 a county election are abolished. 
 
 Time and place of nomination. — Eides 2, 3, and, 4. 
 
 6. The time and place of nomination are to be fixed by the returning officer 
 in accordance with rule 2. It will be observed that the place of nomination is 
 to be a room, and that no hustings will be required. 
 
 Sappli/ of nomination pai^crs. — Rale 1. 
 
 7. In the interval between the day of giving notice and the day of nomination, 
 the returning officor is required to supply printed forms of nomination papers 
 to electors during such two hours between 10 a.m. and 2 p.m. on each day as 
 he may fix. He must therefore provide such forms as soon as possible after 
 the receipt of the writ. 
 
 The form will be found in the second schedule. 
 
 Attendance on day of nomination. — Sale 4. 
 
 8. On the day appointed for the nomination, the returning officer must attend 
 at the appointed place during the two hours fixed for the nomination, in order 
 to receive nominations, and for one hour afterwards in order to receive 
 objections. No oath is now required to be taken by the returning officer 
 (rule o4). 
 
 Persons entitled to attend at nomination. — Etde S. 
 
 9. The only persons entitled to attend the proceedings at the time of nomina- 
 tion, except for the purpose of assisting the returning officer, are the returning 
 officer and the candidate nominated by each nomination paper, with his proposer 
 and seconder, and one other person selected by the candidate. 
 
 Form of nomination paper. — Sect. 1, rules 5, 6, 7. 
 
 10. The returning officer will take care that the nomination paper is in the 
 proper form and is properly signed and delivered in accordance with section 1 
 and rules 5, 6, and 7. The use of a form supplied by the returning officer, 
 however advisable, is not obligatory, provided that the form prescribed in the 
 Act is followed (rule 7). 
 
 Objections to validitij of nomination. — Hides 6, 12, 13. 
 
 11. The objections which may be made to the validity of a nomination paper 
 are of two kinds : — 
 
 I. Objections under rule 6, which must be made immediately on the delivery 
 of the nomination paper to the returning officer : 
 II. Objections under rule 12, which must be made either during the time 
 appointed for the nomination or within one hour afterwards. 
 The returning officer is to determine the validity of any objection (rule 13), but 
 he will bear in mind that the making or allowing trivial objections may lead to 
 the delay and expense of a petition. 
 
HOME OFFICE ABSTRACT OF BALLOT ACT, 1872. 381 
 
 Notice of nomination. — Rule 11. 
 
 12. Immediately after each nomination paper has been delivered to the 
 returning officer, notice of the nomination is to be placarded outside the 
 building. 
 
 Withdraival of nomination. — Sect. 1. 
 
 13. A candidate once nominated, unless nominated in his absence from the 
 United Kingdom, can only -withdi-aw from his candidature by delivering to the 
 returning officer, darinij the time appointed for the 'nomination, a notice of with- 
 drawal signed by himself. 
 
 Unco7ttested election. — Sect. 1, rules 43, 44, 45. 
 
 14. If at the expiration of one hour after the time appointed for the nomina- 
 tion the number of candidates who have been duly nominated and not withdrawn 
 does not exceed the number of vacancies to be filled up, the returning officer is 
 forthwith to declare the candidates so duly nominated to be elected, to give 
 public notice of the names of the candidates elected (rules 45, 46), and to return 
 their names to the clerk of the Crown in Chancery (sect. 1, rule 44). This 
 notice must also state the names of any candidates who may have withdrawn, 
 and the names of the subscribers to their nomination papers (rule 10). The 
 return is to be made by a certificate endorsed on the writ, and may be sent by 
 post (rule 44). The indenture by which the return was formerly made is 
 abolished. 
 
 Contested election. — Sect. 1, rules 9, 46. 
 
 15. If at the expiration of one hour after the time appointed for the nomina- 
 tion the number of the candidates who may have been duly nominated, and 
 not withdrawn, exceeds the number of vacancies to be filled up, the retui-ning 
 officer is to adjourn the election and to give public notice of the particulars 
 specified in rules 9, 10. In the case of a county election the notice must also 
 be given to the postmaster to be telegraphed (rule 9). 
 
 Proceedings in case of death of candidate. 
 
 16. If a candidate dies in the interval after the adjournment of the election 
 and before the poll has commenced, notice of the poll is to be countermanded 
 and the proceedings commenced afresh (sect. 1). 
 
 The roll.— Notice of jjolL—Pude 19. 
 
 17. In cases where a poll is required, the returning officer must, immediately 
 after the adjournment of the election, give public notice of the matters specified in 
 rule 19. The form of directions as to the mode in which electors are to vote is 
 given in the second schedule, and must be placarded outside every polling 
 station, and in every compartment of every polling station, and illustrated by 
 examples of the ballot paper. 
 
 Preparations for poll. 
 
 18. In the event of a poll being rec[uired, the first business of the returning 
 officer wOl be to provide polling stations, appoint presiding officers and clerks 
 for each polling station, and provide a sufficient supply of baUot boxes, ballot 
 P?'P6rs, ma,terials for marking ballot papers, stamping instruments, and copies 
 01 the register of voters. He must also, as under the previous law (6 Vict. 
 c. 18, s. 90), provide a sufficient number of constables to attend in- each 
 poUmg station. 
 
 Presiding officer. 
 
 10. The office of a presiding officer is equivalent to that of a deputy returning 
 otlicer under the previous law (sect. 10). There is to be one presiding officer for 
 each polhng station (rule 21), but the returning officer himself may act as a 
 
382 APPENDIX IV. 
 
 presiding officer (rule 47), and no doubt will do so when there is only one polling 
 station. The retui-ning officer may appoint clerks to assist the presiding officer 
 at each station (sect. 8, rule 48), hut he will of course not do so whei-e the 
 number of voters at a station is small. A presiding officer or clerk must not 
 have been employed in or about the election (rule 49), and must not act by 
 himself, his partner or clerk, as an agent for the candidate (sect. 11). 
 
 Polling stations. 
 
 20. The returning officer must provide each polling place with at least one 
 polling station under a separate presiding officer (rule 15), and must furnish 
 each polling station with such number of compartments as allows one com- 
 partment to every one hundred and fifty persons entitled to vote at the station 
 (rule 16). 
 
 "Polling place " in the case of a county means some town or village at which 
 the electors of a polling district are to poll ; and in the case of a borough, 
 means the particular spot in each borough or polling district of a, borough 
 which the returning officer under the previous law has power to fix as the place 
 at which the votes are to be taken (rule 57). The term " district borough" in 
 rule 15 is explained in rule 57 (&). 
 
 The polling station may be either in a room or a booth, but sect. 37 of 30 & 31 
 Vict. c. 102 (c), directs that a room is to be used where practicable. Under sect. 6, 
 any room in a school receiving an annual grant out of moneys provided by 
 -parliament, and any room the expenses of maintaining which is payable out of 
 any local rate, may be taken compulsorily, and used free of charge, for the 
 purpose of a polling station, subject to the necessity of making good any 
 damage actually done, and of defraying any expenses actually incurred by the 
 persons having control over the room taken on account of its being so taken. 
 ■Care will of coiu-se be taken to interfere as little as practicable with the ordinary 
 use of the room, and to use all possible speed in erecting and taking away the 
 necessary fittings. More than one polling station may, if necessary, be fitted 
 up in the same room (rule 17). 
 
 Construction of polling stations. 
 
 21. Care must be taken that the partitions dividing the compartments in the 
 polling stations are sufficient to effectually screen the voter from observation 
 (rule 16). It may be found advantageous that each polling station should 
 contain on one side the seats of the presiding officer and his clerks, and of the 
 personation agents entitled to attend, and on the other side the compartments 
 into which the voters are to retire in order to mark their votes. It will be 
 convenient so to arrange the room that voters who have marked their papers 
 • can reach the ballot box and leave the station without meeting the fresh voters 
 who are entering the station. 
 
 Ballot box. 
 
 22. The ballot box must be constructed so that ballot papers can be intro- 
 duced therein, and not withdrawn without unlocking the box (rule 23). Care 
 should be taken that the ballot box is of adequate size, so that it will not be 
 choked by papers, and that it is of sufficient strength to enable it to be carried 
 about with safety. Ballot boxes provided for municipal elections may be used, 
 free of charge, for parliamentary elections, and vice versa (sect. 14). 
 
 Ballot papers. 
 
 23. The ballot papers must be printed strictly in accordance with rule 22, and 
 with the form in the second schedule. 
 
 The names of those candidates only who have been duly nominated and not 
 withdrawn can be printed on the ballot papers (rule 12). Ballot papers of a 
 
 (J) The term " district borough," as (c) As to Scotland, 31 & 32 Vict. c. 48, 
 
 .•applicable to Scotland, is explained in s. 26. 
 .rule 60.-. 
 
HOME OFFICE ABSTRACT OF BALLOT ACT, 1872. 383 
 
 different colour must be provided for " tendered votes" (rule 27). Every ballot 
 paper must have a counterfoil, and must be numbei'ed on the back with, a 
 number corresponding to that on the face of the counterfoil (sect. '2). As the 
 object of the numbering is to make it possible to ascertain how votes have been 
 ijiven in the event of a scrutiny, all the ballot papers in any one election, at 
 whatever station they are used, ought to be numbered in a continuous series. 
 The ballot papei'S and counterfoils should be bound up in books like ordinary 
 cheque or receipt books. 
 
 Care must be taken that no ballot paper is supplied to any presiding officer 
 except by the returning officer, or to any other person except by the presiding 
 ofBcer in the station at the time of voting, in accordance with the Act (see 
 penalties in sect. 3). 
 
 The returning officer must keep accounts of the number of ballot papers 
 supplied to each presiding officer (see paragraph 47). 
 
 Stamping instruments. 
 
 24. The official mark to be stamped on the ballot paper is to be kept secret 
 (rule 20). As the mark is to be visible on both sides of the paper (sect. 2, rule 24), 
 a perforating or emboSBing stamp should be used. 
 
 Writing materials. 
 
 25. Each compartment in the polling station should be supplied with pencils 
 for voters to mark the ballot papers (rule 20, and see directions in second 
 schedule). 
 
 Register books. 
 
 26. Each polling station must be supplied with a copy of the register of 
 voters or such part thereof as contains the names of the voters allotted to vote at 
 that station (rule 20). 
 
 Declaration of secreri/. 
 
 27. Before the opening of the poll the returning officer and every officer, 
 clerk and agent authorised to attend at the polling station or at the counting of 
 the votes must make a declaration of secrecy in the form provided in the second 
 schedule (rule 54). The person administering this declaration must, before it 
 is taken, read over sect. 4 of the Act to the declarant. All other oaths are 
 abolished (rule 04). 
 
 Persons entitled to attend at the polling stations. 
 
 28. {d) The only persons entitled to attend at the polling station are the 
 presiding officer, the personating agents of whose appointment notice has been 
 given in accordance with 6 & 7 Vict. c. 18, s. 85 (see rule 57), or with rule 52, 
 the candidates themselves if they wish (rule 51), and the constables on duty. 
 Check-clerks and the commissioners who might have been appointed to 
 administer oaths imder 34 Geo. 3, c. 73, and 42 Geo. 3, c. 62, are abolished (see 
 repeals in third schedule). 
 
 Commencement of poll. 
 
 29. The hours of the poll remain unaltered (a). Just before the commencement 
 of the poll the presiding officer at each poUing station is to show the ballot box, 
 empty, to such persons as may be present, and then to lock it up and seal it 
 (rule 23). He should then place it near him, and keep it in his view. 
 
 Powers and duties of presiding officer during poll. 
 
 30. The presiding officer has all the powers of a deputy returning officer 
 under the previous law (sect. 10). He has power to ask the authorised questions 
 
 tJ'^"^^^ corresponding paragraph in the candidates themselves, if they wish 
 
 tbe abstract for Scotland is as follows :— (rule 51), and the constables on duty (see 
 
 Ihe only persons entitled to attend at rule 21)." 
 
 the poUing stations are the presiding {a) The poll must now commence at 
 
 omcer, the clerks, the agents appointed by 8 a.m. and be kept open till 8 p.m. of the 
 
 me candidates (see mles 21 and 59), same day and no longer : 48 Vict. c. 10, s.l. 
 
384 APPENDIX IV. 
 
 and administer tlie authorised oaths (sect. 10). The presiding officer may- 
 delegate to his clerks any of his powers, except that of ordering the arrest, 
 exclusion, or ejection of any person (rule 50). The attention of each presiding 
 officer will have been particularly directed by his declaration of secrecy to the 
 provisions of sect. 4, and should be directed to the powers of maintaining order 
 conferred by sect. 9. It will be his duty to see that secrecy of voting is strictly 
 maintained, to prevent unauthorised persons from entering the station, to 
 direct the constables on duty only to admit a limited number of voters at any 
 one time (rule 21), and to see that each voter votes secretly in accordance with 
 the Act, and without undue delay, and leaves the station immediately after 
 giving his vote (rule 20). 
 
 Fiiiidiuns of personation agents. 
 
 31. Candidates may appoint agents [for the purpose of detecting personation 
 (6 & 7 Vict. c. 18, s. 85)] {e), an offence the definition of which is extended by 
 sect. 24. These agents are also entitled under rule 26 to be present at the voting 
 of illiterate voters. They are to take the same declaration of secrecy as the 
 presiding officer (rule 54), and are expressly prohibited from interfering with 
 the voters or applicants for ballot papers, from attempting to look at the ballot 
 papers or obtain information as to how any vote is given, and from communi- 
 cating to any person any information about any vote or the number of any 
 ballot paper (sect. 4). It wiU be the duty of the presiding officer to see that the 
 agents conform to the directions of the Act, and to remove them if they 
 misconduct themselves (sect. 9). 
 
 Mode of voting. 
 
 32. The mode of voting in ordinary cases is described in sect. 2, in mles 24 and 
 25, and in the directions contained in the second schedule. The result is as 
 follows : 
 
 When the voter comes up to vote, the presiding officer or his clerk (see rule 50) 
 will ascertain that he is entitled to vote at that particular station (role 18), he 
 will then mark one of the official ballot papers with the official mark, so that it 
 be visible on both sides ; call out the number, name, and description of the 
 voter, as stated in the copy of the registef' ; enter such number on the counter- 
 foil of the ballot paper ; place against the number of the voter in the register a 
 tick, which will denote that the voter has received a ballot paper, but will noi 
 denote the particular ballot paper which he has received : and will then deliver 
 the ballot paper to the voter. 
 
 [The old law as to the questions which may be asked of the voter, and the 
 oath which may be administered to him, remains unaltered.] (/) 
 
 The voter having received his ballot paper is to proceed at once to one of the 
 compartments, is there secretly to mark his ballot paper, and fold it up so as to 
 conceal the mark or marks which he has made, and so as to leave the official 
 mark visible on the back, and to take it so folded, without showing the front of 
 the paper to any person, to the presiding officer himself (not to a clerk, see 
 sect. 2), show him the official mark, place the ballot paper at once in the ballot 
 box, and immediately leave the station. 
 
 The presiding officer must take care that no person interferes with the voter 
 while he is giving his vote, puts into the ballot box any paper which has not 
 the official mark on the back, takes a ballot paper out of the station, or other- 
 wise infringes the provisions of sections 3 and 4. If any person attempts to put 
 into the ballot box any ballot paper which has not the official mark on the back, 
 or to take any ballot paper out of the station, or in any other way to infringe 
 the provisions of sections 3 or 4, the presiding officer should order him to be 
 arrested, or at all events removed (see sections 3 and 9). 
 
 (e) In the abstract for Scotland, instead be of use for the purpose of detecting 
 
 of the words between the brackets, there personation." 
 
 are the following words : — " to be present (/) The words ■«'ithiu brackets are 
 
 at the polling stations. These agents may omitted in the abstract for Scotland. 
 
HOME OFFICE ABSTRACT OF BALLOT ACT, 1872. 385 
 
 Spoilt rotes. 
 
 33. ((/) If a voter accidentally spoils a ballot paper lie may return it to be 
 lancelled, and may be given another (rule 28). 
 
 Mo<h of mting in exceptional cases. — Rule 26. 
 
 34. Li three cases only is tbe ballot paper allowed to be marked by any 
 person other than the voter himaell, and then only by the presiding officer. 
 These are — 
 
 I. Persons incapacitated by blindness or any other physical cause ; 
 
 II. Jews, if the polling takes place on a Saturday and they object on religious 
 
 grounds to mark their votes ; and 
 
 III. Persons unable to read. 
 
 If a voter declares that he is unable to read, he must make before the 
 presiding officer a declaration of inability to read in the form prescribed in the 
 second schedule. This declaration must be read by the presiding officer to the 
 voter, signed by the voter with his mark in the presence of the presiding officer, 
 attested by the presiding officer, and kept by him to be sent to the returning 
 officer. (See rule 38.) 
 
 In any of these three cases the presiding officer, or one of his clerks, is, in the 
 presence of the personation agents, if they are in attendance (see rule 55), to 
 mark a ballot paper in the way directed by the voter, place it in the ballot box, 
 and enter the name and number of the voter on a list headed ' ' the list of votes 
 marked by presiding officer," mentioning in such list the reason why the vote 
 has been so marked (rule 26). 
 
 It must be remembered that the declaration of secrecy and the penalties 
 under section 4 apply to votes given under these circumstances. 
 
 Tendered votes, 
 
 35. The mode of tendering a vote where a person claims to vote after another 
 person has already voted in his name, is prescribed by rule 27. The register 
 IS now made conclusive by section 7, and therefore no vote can be tendered, 
 except in the case of personation (n). 
 
 Proceedings at close of poll. 
 
 36. The presiding officer is not allowed to open the ballot box, which, under 
 section 2, is, at the close of the poll, to be sealed up so as prevent the introduction 
 of additional baUot papers. 
 
 As soon as practicable after the close of the poll, the presiding officer is, in the 
 presence Of the personation agents, if any are in attendance, to make up into 
 separate packets the ballot box and the several papers there mentioned, seal the 
 packets with his own seal, and allow the agents, if they wish, to affix their seals, 
 
 Cy) The abstract for Scotland contains for a ballot paper in the name of some 
 
 here a paragraph as to personation, which other person, whether that name be that 
 
 is numbered 33, the numbers of the subse- of a person living or dead, or of a fictitious 
 
 quent paragraphs being advanced one person, or should he, having voted once at 
 
 in consequence. The paragraph is as any election, apply at the same election 
 
 follows:— "A voter is entitled to vote for a ballot paper in his own name, he 
 
 only once at an election (ss. 2, 24:), by shall be guilty of the crime and offence of 
 
 marking, after the prescribed formalities, personation, and shall be liable to imprison- 
 
 his vote on the ballot paper which, being raent for a term not exceeding two years 
 
 on the register, he is authorised to receive, with hard labour (sects. 24—26)." 
 
 and on the counterfoil of which his (?») The statement that no vote can be 
 
 number on the register of voters is to be tendered except in the case of personation 
 
 marked. Should he fraudulently put or appears to be incorrect having regard to 
 
 attempt to put into the ballot box ' any the provisions of sect. 15 of the Ballot 
 
 paper other than the baUot paper which Act, 1872 (by which any person applying 
 
 he is authorised by law to put in,' he for a ballot paper shall be deemed " to 
 
 .shall be guilty of a crime and offence, and tender his vote ") and to the cases of 
 
 lable to imprisonment with or without Sr. Aiidreios (1886), 4 0. & H. 32, and 
 
 liard labour, for a term not exceeding six Cirencester (1893), 4 0. 4: H. 194. 
 months (sect. 3). Further, should he apply 
 
 L.E. C C 
 
386 APPENDIX IV. 
 
 and then, unless lie is Mmself the returning officer, to deliver the several packets, 
 together with the ballot paper account mentioned in rule 30, to the retiu-ning 
 officer (rule 29). Care should be taken that the several classes of documents 
 mentioned in the different paragraphs of rule 29 are made up in separate packets, 
 as only some of them are allowed to be subsequently opened by the returning 
 officer. 
 
 Counting votes — Time of counting. 
 
 37. The returning officer is to count the votes as soon as practicable after 
 the close of the poll (rule 32). 
 
 Agents. 
 
 38. The candidates are allowed to appoint agents to attend at the counting, 
 but they must give the returning officer notice of the name and address of each 
 agent one clear day before the opening of the poll (rules 31, 52). 
 
 Notice to agents. 
 
 39. The returning oflELcer is to give notice to the agents of the time and place 
 of the counting of votes (rules 32, 52). 
 
 Assista7its and clerks, 
 
 40. The returning officer may, in addition to any clerks, appoint competent 
 persons to assist in counting (rule 48). 
 
 Persons entitled to attend^ — Bules 31, 33, 51, 52. 
 
 41. The persons entitled to be present at the counting are the returning 
 officer, his assistants and clerks, the candidates (rule 51), and the duly appointed 
 agents of the candidates. No one else is entitled to be present, except with the 
 sanction of the returning officer. It is obvious that this sanction ought not to 
 be given except for the purpose of assisting the returning officer in the coimting. 
 All officers, clerks, and agents authorised to attend at the coimting must take 
 the declaration of secrecy (rule 64). 
 
 Process of counting. 
 
 42. Before beginning to count the votes the returning officer is to open the 
 ballot boxes, count and record the number of papers in each box, so as to check 
 any attempt at fraud, and then mix all the ballot papers together in such a way 
 that it may not be known which papers came out of any particular ballot box 
 (rule 34). 
 
 Directions as to counting the votes will be found in rule 35. In counting and 
 recording the number of the ballot papers, and also in counting the votes, the 
 returning officer must take care to keep the ballot papers with their faces 
 upwards, and must take all proper precautions to prevent any person from 
 seeing the number printed on the backs of the papers (rule 34). 
 
 Provisions are contained in sect. 4 as to secrecy at the counting of the votes 
 as well as at the proceedings at the poll. 
 
 Decision as to the validity of votes. 
 
 43. Any ballot paper which has not the official mark, or on which votes are 
 given to more candidates than the voter is entitled to vote for, or on which 
 anything except the number printed on the back is written or marked by which 
 the voter can be identified, is to be void and not counted (sect. 2). 
 
 The power of deciding on the validity of votes rests with the returning officer 
 alone, and cannot be delegated (sect. 2). The returning officer is to mark 
 " Eejeoted " on any ballot paper which he may reject as invalid, and to add 
 " Eejection objected to" if an objection be in fact made by any agent to his 
 
HOMK OFFICE ABSTRACT OF BALLOT ACT, 1872. 387 
 
 decision. The rejected votes are to be classified under different heads (rule 36). 
 If a vote is rejected on any other ground than those specified in rule 36, it must 
 be entered under a special head. The returning officer is to make out a report 
 of the rejected papers so classified. 
 
 Vote of returning officer. 
 
 44. The returning officer is prohibited from voting except in the case 
 mentioned in sect. 2. In a case of equality of votes, it he cannot vote he must 
 make a double return. 
 
 Declaration of poll and return of writ, 
 
 45. As soon as the result of the poll is ascertained, the returning officer is to 
 declare elected the candidate or candidates for whom the majority of votes have 
 been given, and to return their names to the clerk of the crown in Chancery 
 (sect. 2). The return is to be made by a certificate endorsed on the writ (rule 44), 
 and may be sent by •post. The indenture by which the return was formerly 
 made is abolished. 
 
 Notice of election. 
 
 46. Public notice of the names of the candidates elected and of the total 
 number of votes given for each candidate, is to be given as soon as possible 
 (rules 45, 46). 
 
 Proceedings at close of counting. — Eules 37, 38. 
 
 47. Upon the completion of the counting, the returning officer is to seal up 
 in separate packets the counted and rejected ballot papers. He is not to open 
 the packets containing tendered ballot papers, marked copy of register of voters, 
 or counterfoils, but he is, in the presence of the agents, to verify the ballot 
 paper account in manner directed by rule 37, so as to see that all the ballot 
 papers are accounted for, and that no wrong papers have been introduced, and 
 to make out a report of the result of such verification. The returning officer 
 will finally forward to the Clerk of the Crown in Chancery, as the poll books 
 used to be forwarded (see 6 Vict. c. 18, s. 93), his reports made up into a packet 
 and the several packets mentioned in rule 38, taking care to endorse on each 
 packet the description of its contents, the date of the election to which they 
 relate, and the name of the county or borough for which such election was 
 held (rule 38). 
 
 Expanses of election. 
 
 48. The necessary expenses of the election will, if properly incurred, be 
 payable as heretofore by the candidates (sect. 8) {li). The enactment (2 & 3 W. 4, 
 c. 45, s. 71) which fonnerly fixed the amount payable to deputy returning 
 officers and poll clerks has been repealed. The enactments requiring an inden- 
 ture for the pui'pose of the return have been repealed, and by 7 & 8 W. 3, c. 25, 
 s. 2, a returning officer is prohibited, under a penalty of 500/., from taking any 
 fee or reward for the receipt, return, or execution of any writ. 
 
 (A) In the abstract for Scotland the paragraph stops here ; it also refers to sect. 16 (5) 
 of the BaUot Act. f a r f - 
 
 C C 2 
 
388 APPENDIX IV. 
 
 SCHEDULE. 
 
 Parliamentaky Elections. 
 Times for Nomination and Poll (see particularly note at foot of page). 
 
 COTTNTIES. 
 
 (Say) July 1. Eeoeipt of writ. First possible day for notice. 
 
 „ 2. ^ . 
 
 ,, 3. Last possible day for notice. 
 
 ..4. 
 
 „ 5. First possible day for nomination. 
 6. 
 
 „ V. 
 
 „ 8. First possible day for poll. 
 
 „ 9. 
 
 ,, 10. Last possible day for nomination. 
 
 „ 11. 
 „ 12. 
 „ 13. 
 
 „ 14. 
 
 „ 15. 
 
 „ 16. 
 
 ,, 17. Last possible day for poll. 
 
 BOBOUGHS. 
 
 (Say) July 1. Eeceipt of writ. First possible day for notice. 
 
 „ 2. Last possible day for notice. 
 
 „ 3. 
 
 ,, 4. First possible day for nomination. 
 
 „ o. Last possible day for nomination. First possible day for poll 
 
 in ordinary boroughs. 
 
 „ 6. 
 „ 7. 
 „ 8. 
 
 ,, 9. Last possible day for poll in ordinary boroughs. 
 
 „ 10. 
 
 „ 11. 
 
 „ 12. 
 
 N.B. — Sundays, Christmas Day, Good Friday, and any public fast or thanks- 
 giving day are not counted (see rule 56). 
 In District Boroughs, 'notice must be given on day writ is received or on day 
 
 following"; otherwise the specified periods are the same as those fixed for 
 
 counties. 
 
HOME OFFICK ABSTRACT OF BALLOT ACT, 1872. 389 
 
 INDEX. 
 
 ParliamejStaiiy Elections. 
 
 Preliminary. 
 
 1. Notices. 
 
 Nomination. 
 
 2. Meaning of " election." 
 
 3. Deputy returning officers. 
 
 4. Times of nomination and poll. 
 
 5. Notice of election. 
 
 6. Time and place of nomination. 
 
 7. Supply of nomination papers. 
 
 8. Attendance on day of nomination. 
 
 9. Persons entitled to attend at nomination. 
 
 10. Poi-m of nomination paper. 
 
 11. Objections to validity of nomination. 
 
 12. Notice of nomi^tion. 
 
 13. Withdrawal of nomination. 
 
 14. Uncontested election. 
 
 15. Contested election. 
 
 16. Proceedings in case of death of candidate. 
 
 The Poll. 
 
 17. Notice of poll. 
 
 18. Preparations for poll. 
 
 19. Presiding officer. 
 
 20. Polling stations. 
 
 21. Construction of polling stations. 
 
 22. Ballot box. 
 
 23. Ballot papers. 
 
 24. Stamping instruments. 
 
 25. Writing materials. 
 2(). Eegister books. 
 
 27. Declaration of secrecy. 
 
 28. Persons entitled to attend at the polling stations. 
 
 29. Commencement of poll. 
 
 • 30. Powers and duties of presiding officer during poll. 
 
 31. Functions of personation agents. 
 
 32. Mode of voting. 
 
 33. (i) Spoilt votes. 
 
 34. Mode of voting in exceptional cases. 
 
 35. Tendered votes. 
 
 36. Proceedings at close of poll. 
 
 Counting Votes. 
 
 37. Time of counting. 
 
 38. Agents. 
 
 39. Notice to agents. 
 
 •10, Assistants and clerks. 
 
 41. Persons entitled to attend. 
 
 42. Process of counting. 
 
 43. Decision as to the validity of votes. 
 
 44. Vote of returning officer. 
 
 45. Declaration of poll and return of writ. 
 
 46. Xotice of election. 
 
 47. Proceedings at close of counting. 
 
 Expenses of Election. 
 
 48. Expenses of election. 
 
 (0 In the abstract for Scotland, paragraph 33 relates to personation. See the 
 paragraph, ante, p. 385, note. 
 
APPENDIX V. 
 
 In 1876 a Select Committee appointed by the House of Comm.ons " to 
 enquire into the working of the existing machinery of Parliamentary 
 and Municipal Elections" unanimously recommended that the Home 
 Office should forward to every returning o£B.cer the case and judgment 
 in Woodward v. Sarsons. 
 
 CASE AEGUED AND DETEKMINED IN THE COUET 
 OP COMMON PLEAS. 
 
 19th and 21st June and i)tJt July 1875. 
 WOODWARD (Petitioner) o. SAESONS and Another (Eespondents). 
 
 Municipal Election— Ballot Ad, 1872 (35 & 36 Vict. c. 33)— Avoiding thei 
 Election — Want of Secrecy — Marking the Ballot Papers. 
 
 Although a Parliamentary or municipal election will be void hy the common laiv 
 of Parliament, if it he so conducted that either there be no real electing by the con- 
 stituency at all, or it be not really conducted under the subsisting election law, which 
 is now an election by ballot, yet if there be no reasonable ground to believe that a 
 imjority of the electors mcty have been prevented from voting in favour of the 
 candidate they preferred, and if the election be substantially an election by ballot, 
 the election will not be void by the common law of Parliament, notivithstanding 
 tha-e may have been mistake or misconduct in the use of the machinery of the 
 Ballot Act. 
 
 The 13th section of the Ballot Act, 1872 (35 & 36 Vict. c. 33), is only declaratory 
 nf what would have been the law applicable to elections under that Act if that 
 section had not existed, and, therefore, to render an election invalid for the non- 
 ohsei-vance of the rides or forms of the Ballot Act, the non-observance must be so 
 great as to amount to a conducting of the election contrary to the principle of an 
 election by ballot, and be such that it either did or might have affected the result of 
 the election. 
 
 The enactment in the 2nd section of the Ballot Act, 1872, as to the ballot paper 
 being secretly marked by the voter, is an absolute enactment, and must, therefm-e, 
 be obeyed strictly, but the manner in ivhich the voter is to mark such paper is 
 eiiacted only in the directory part of the statute, and therefore it is sufficient if it be 
 obeyed substantially. 
 
 At a municipal election held under the Balht Act, 1872, the presiding officer at 
 one of the polling stations marked upon the face of every ballot paper ivhich he gave 
 out to each elector at such station the number of the voter appearing on the burgess 
 1 J. number so marked was not, in fact, seen so as to be identified, but ii could 
 luKe been seen at the counting. At another of the polling stations the presiding 
 o^icer placed each of the ballot papers, which he had marked by the direction of 
 voters unable to read, in the ballot-box, ivrapped up in the declaration of inability 
 to read made by the voter for whom the vote was marJced, and each such vote could 
 nave been, but was not, in fact, identified at the counting. It appeared that no 
 
392 APPENDIX V. 
 
 voter had been iircveiikd from voting, and that these errors of the presiding officers 
 did not affed the result of the election, the majority of electors not being therehj 
 lirevented from effectually exercising their votes in favour of the candidate they 
 preferred: — Held, that the election, iras, therefore, not mid, either by the common 
 law of Parliament or under the Ikillot Act, 1872. 
 
 Held, also, that the ballot papers which had been so nuirhed on their face, hy the 
 jireaiding officer, with the number of the voter, were void, and ought not to be 
 counted, but that the ballot papers which had been wrapped in the derlarations of 
 inability to read, were not on that account to be rejected, but ought, projierly, to he 
 counted. 
 
 A ballot paper tvhich bears the voter's signature is void, and must be disallowed ; 
 so, also, must be disallowed a ballot paper which has the name of the candidate 
 written by the voter instead of a cross opposite tu the printed name of the randidute. 
 The mere fact of two crosses being put, nr of the cross being of a peculiar form, or of 
 there being another mark tuith the cross, or of there being a straight line instead if 
 a cross, or of the cross being put on the left hand side of the candidate's name 
 instead of on the right hand side, will not vitiate the ballot paper, and the same 
 should not be rejected on that account unless there be evidence of an arrangement that 
 such peculiar marks were to be indications of identity. 
 
 A petition was presented under the Corrupt Practices Municipal Elections 
 Act, 1S72, against the election of the respondent, Henry Sarsons, as town 
 councillor for Nechells Ward, in the borough of Birmingham, and the questions 
 raised by the said petition were ordered, by an order of a learned judge, made 
 under that Act, to be stated as a special case for the opinion of the Court of 
 Common Pleas. 
 
 Pursuant to such order the facts were accordingly stated in the following — 
 
 Case. 
 
 1. An election for the office of town councillor for the Nechell's Ward of the 
 borough of Birmingham was held in the said ward on Monday, the 2nd of 
 November, 1874, to supply a vacancy in the council of the said borough of 
 Birmingham. 
 
 2. For the purposes of municipal elections, Nechell's "Ward is divided into 
 nine polling districts, respectively numbered 123, 124, 125, 126, 127, 128, 129, 
 130, and 131. In each of these polling districts there is a polling station, where 
 the votes of the burgesses, appearing on the ward list I'ated in that district, are 
 taken. 
 
 3. rfpon the ward list in force at the time of the said election for the said 
 Nechell's Ward, there are 4,405 voters, and upon the list for polling district 
 No. 130 (which is the largest of the said nine polling districts) there are 564 
 voters. 
 
 4. At the said election the above-named petitioner, Lewis Woodward, and the 
 above-named respondent, Henry Sarsons, were the only candidates, and the 
 above-named respondent, John Sadler (who is the alderman of the said ward), 
 was the returning officer. 
 
 5. A poll having become necessary, the same was held, and at its conclusion 
 the said returning officer, John Sadler, declared that the number of votes given 
 for each of the said candidates was as follows : — 
 
 For Henry Sarsons . . ... 965 votes 
 
 ,, Lewis Woodward . . ... 775 ,, 
 
 and thereupon he declared the said Henry Sarsons to be duly elected to the 
 vacant office of town councillor. 
 
 6. The said returning officer, John Sadler, appointed certain persons to act as 
 presiding officers at each of the said polling stations. At polling station 
 No. 130 the said John Sadler appointed one J. B. Smith, a solicitor, presiding 
 officer. 
 
 7. Upon an elector attending to vote, and applying for a ballot paper at 
 polling station No. 130, the said presiding officer, J. B. Smith, first marked 
 upon the face of the ballot paper the number of such voter appearing on the 
 burgess roll, and then delivered the same out so marked to the voter as and 
 
WOODWARD r. SARSONS. 393 
 
 being a ballot paper to be used by him, and the same was accordingly used by 
 him for the purpose of voting. This course the said presiding officer foUowrd 
 in the case of every ballot paper used, or attempted to be used, at the said 
 polling station, No. 130, at the said election. The returning officer, the said 
 John Sadler, was not aware of this being done, or having been done, until after 
 the polling was closed. 
 
 H. The number of ballot papers so marked by the presiding officer, J. L. Smith, 
 was '>'.)i, of which 234 were given in favour of the petitioner, and the remainder 
 in favour of the respondent, Henry Sarsons. The burgess roll numbers so 
 marked by the said presiding officer upon the said ballot papers were, in fact, 
 not seen so as to be identified, but they could have been seen by the persons 
 present at the counting of the ballot papers, who were the returning officer and 
 his assistant, the petitioner, the respondent, and their respective agents, one for 
 each, and by referring to the burgess roll such persons could have identified the 
 voters who had made use of such ballot papers. 
 
 9. The said presiding officer, J. B. Smith, did not make out any ballot paper 
 account, or statement showing the number of ballot papers entrusted to hun, 
 and accounting for them under the heads of ballot papers in the ballot box, 
 unused, spoilt, and tSndered ballot papers, or any account or statement to that 
 or the like effect. 
 
 10. At polling station No. 12u, about twentj^ ballot papers were marked by 
 the presiding officer at that station by the direction of voters who were unable 
 to road. Each of such ballot papers was placed bj' the said presiding officer i]i 
 the ballot box, wrapped up in the declaration of inability to read, made by the 
 voter for whom such vote was so marked as aforesaid. The declarations of 
 inability to read of the said votes so marked by the said presiding officer as 
 aforesaid were not made up into a separate packet, sealed with the seal of the 
 said presiding officer, and so delivered to the returning officer, but were 
 delivered to him in the ballot box, with the ballot papers as aforesaid. Each of 
 the votes so given and so marked by the said presiding officer as aforesaid could 
 have been, but were not in fact, identified by the returning officer at the counting 
 of the votes by comparing the declarations of inability to read, in which each 
 such ballot paper was wrapped as aforesaid, with the ballot paper. 
 
 11. Subsequently to the presentation of the petition herein, and in the month 
 of January, 1875, having obtained inspection of the said ballot papers under 
 the order of the County Court, the petitioner observed certain marks upon and 
 matters in connection with certain of the said ballot papers, and now contends 
 that the twenty-two votes hereinafter mentioned ought to have been rejected by 
 the said returning officer, by reason of the ballot papei's by which the same were 
 given bearing writing or marks by which the voter could be identified, or 
 because they were void for uncertainty. The following are particulars of the 
 \vritings or marks on the said ballot papers, and of the facts alleged to render 
 them void for uncertainty : — 
 
 (1.) Two ballot papers, Nos. S44 and 889, bearing the name "Sarsons" 
 opposite the name of the respondent "Sarsons" printed upon such ballot 
 papers. 
 
 (2.) Five ballot papers, Nos. JSS, 926, 928, 1,364, 1,426, marked with two 
 crosses instead of one. 
 
 (3.) One ballot paper. No. 1,726, marked with three crosses instead of one. 
 
 (4.) One ballot paper, No. 2,140, marked with a straight stroke in addition to 
 the cross. 
 
 (5.) One ballot paper, No. 3,562, marked with the letter " P " in addition to 
 the cross. 
 
 (6.) One ballot paper, No. 875, marked with a straight line instead of a 
 cross. 
 
 (7.) One ballot paper, No. 641, marked with a star instead of a cross. 
 
 (N.) One ballot paper. No. 911, having the name of Woodward nearly 
 sti'uek out. 
 
 (9.) One ballot paper, No. 638, bearing the voter's signature. 
 
 (10.) Eight ballot papers, Nos. 505, 190, 155, 117, 174, 183, 842, 1,413, with 
 a cross placed on the left instead of on the light hand side of the candidate's 
 name. 
 
394 
 
 APPENDIX V. 
 
 Appendix A. contains exact illustrations of the marks appearing on the said 
 tweutjr-two ballot papers. The said returning officer, John Sadler, did not 
 reject any of the said ballot papers as invalid, but allowed the whole as good 
 and valid votes, and counted them for the said respondent, Henry Sarsons. No 
 objection was made thereto at the counting of the votes, and in fact the 
 petitioner's present contention is based on information obtained on the inspection 
 of ballot papers on the 11th of January 1875. 
 
 12. On the inspection of the ballot papers on behalf of the respondent, Henry 
 Sarsons, which took place subsequently to the inspection on behalf of the 
 petitioner, it appeared that the ten ballot papers hereinafter mentioned had been 
 dealt with by the respective voters in a manner similar to that shown in the 
 case of some of the twenty-two ballot papers specified in Appendix A. 
 
 In the Appendix to this case marked B will be found exact illustrations of 
 the marks appearing upon the said ten ballot papers, which the said returning 
 officer counted as good and valid votes in favour of the petitioner. No objection 
 was made thereto at the counting of the votes. 
 
 13. The said returning officer, John Sadler, rejected all the ballot papers used 
 at polling station No. 130. As to certain of the said ballot papers, there were 
 in addition to the burgess roll number other objections to them. 
 
 14. The said returning officer, John Sadler, in rejecting the ballot papers 
 mentioned in the last preceding paxagi'aph of this case, and in rejecting other 
 ballot papers, making, with these rejected papers, 308 rejected ballot papers, 
 did not indorse upon any of the papers so rejected by him the word " rejected " 
 or any similar word, but as he came to each rejected ballot paper he put the 
 same aside ; and after he had finished the counting, placed all the rejected 
 ballot papers together in a brown paper parcel, which he then sealed up and 
 indorsed, " Eejected ballot papers, NecheU's Ward, 1874," and handed, with the 
 ballot papers and accounts connected with the said election, to the town clerk of 
 Birmingham. Before rejecting the said ballot papers, the said returning officer 
 consulted the town clerk, and acted upon his advice. 
 
 15. The said returning officer, John Sadler, did not make any report of the 
 ballot papers rejected, and not counted by him, save as above appears, but he 
 fiUed up a return in conformity with No. 9 of the printed instructions, supplied 
 to him. as returning officer, a copy of which instructions is contained in 
 Apjiendix 0, and forms part of this case. 
 
 The petitioner contends that, upon the facts stated in this case, the said 
 respondent, Henry Sarsons, was not du.ly elected. 
 
 The respondent, Henry Sarsons, contends that he was duly elected. 
 
 The respondent, John Sadler, contends that the said election was not rendered 
 invalid by any act or default on his part or for which he is responsible. 
 
 The question for the opinion of the Court is, whether the election of the said 
 respondent, Henry Sarsons, was invalid on any of the grounds raised by the 
 said petition and particulars. 
 
 The decision of the Court upon this special case is to be certified in the 
 iisual way. 
 
 The costs, charges, and expenses of and incidental to the presentation of the 
 petition and to the proceedings consequent thereon and of this special case, are 
 in the discretion of the Court, and are to be borne and paid according to the 
 order of the Court. 
 
 Appendix A. 
 814. lIiH-aUd.'] 
 
 1 
 
 SARSONS. 
 
 Sarsona 
 
 2 
 
 WOODWARD. 
 
 
 
 ifame of candidate written. 
 
 
WOODWARD I'. SARSONS. 
 889. llitcalld.] 
 
 395 
 
 I 
 
 SAESONS, 
 
 SaiBons 
 
 2 
 
 WOODWAED. 
 
 
 JVame of candidate written. 
 433. IValld.'] 
 
 1 
 
 SARSONS. 
 
 XX 
 
 3 
 
 WOODWARD. 
 
 
 • 
 
 926. \_VaUd.-] 
 
 1 
 
 SAESONS. 
 
 X 
 
 • 
 
 2 
 
 WOODWARD, 
 
 
 926. A X i° pencil had eTidently been rabbed with a 
 damp finger, 
 
 928. \_Valid.'] 
 
 I 
 
 SARSONS. 
 
 X 
 
 2 
 
 WOODWARD 
 
 
 928. Had evidently been marked with a X i° '">^ ^^'^ 
 folded up, thereby making a corresponding mark on the 
 other part of the paper. 
 
 1364. [ Valid.'] 
 
 1 
 
 SARSONS. 
 X 
 
 X 
 
 2 
 
 WOODWARD, 
 
 
 1364, like 928, had evidently been marked with a X 
 in ink and folded up, thereby making a corresponding 
 mark on the other part of the paper. 
 
 1426. [Valid.'] 
 
 1 
 
 SARSONS. 
 
 XX 
 
 2 
 
 WOODWARD. 
 
 
396 
 
 APPENDIX V. 
 1726. [Valid.'] 
 
 1 
 
 x- 
 
 SARSONS. 
 
 ■ X 
 
 X 
 
 2 
 
 WOODWARD. 
 
 
 
 
 2140. [Fff?/rZ.] 
 
 
 
 1 
 
 
 SARSONS. 
 
 
 X 1 
 
 2 
 
 
 WOODWARD. 
 
 
 
 3562. [Valid.] 
 
 SARSONS. 
 
 WOODWARD. 
 
 XP 
 
 875. [Vilid.] 
 
 i 
 
 SARSONS. 
 
 / 
 
 2 
 
 WOODWARD. 
 
 
 611. [Valid.] 
 
 1 
 
 SARSONS. 
 
 * 
 
 2 
 
 WOODWARD, 
 
 
 911. [Viilid.] 
 
 1 
 
 SARSONS 
 
 X 
 
 2 
 
 
 
 
 9U. The name " Woodward " has a pencil line through 
 it, diagonally across the paper. 
 
WOODWARD V. SARSONS. 
 638. [Invalid.] 
 
 397 
 
 1 
 
 SARSONS. 
 
 X 1 
 
 2 
 
 WOODWARD. 
 
 
 E. JPeews. 
 Tliis ballot paper bears the name of the voter, E. Frews, 
 vhicb is to be found on the borgeas roll. 
 
 117. iraVd.} 
 
 X 
 
 1 
 
 SARSONS. 
 
 
 2 
 
 WOODWARD. 
 
 
 155. [Valid.] 
 
 1 
 X 
 
 SARSONS. 
 
 
 2 
 
 WOODWARD 
 
 
 190. [Valid.] 
 
 IX 
 
 SARSONS. 
 
 
 2 
 
 WOODWARD. 
 
 
 505. [ Valid.] 
 
 X 
 
 1 
 
 SARSONS. 
 
 
 2 
 
 WOODWARD. 
 
 
 174. [Valid.] 
 
 1 
 
 X SARSONS. 
 
 
 2 
 
 WOODWARD. 
 
 
398 
 
 APPENDIX V. 
 183. [ Valid.l 
 
 1 
 
 XSAESONS. 
 
 
 2 
 
 WOODWARD. 
 
 
 842. [ Valid.] 
 
 1 
 
 XSABSONS. 
 
 
 2 
 
 WOODWARD. 
 
 
 1413. [Valid.] 
 
 I 
 
 X SAKSONS. 
 
 
 
 WOODWARD. 
 
 
 Appendix B. 
 1290. [ Valid.] 
 
 1 
 
 SARSONS, 
 
 
 
 2 
 
 WOODWARD. 
 
 X 
 
 X 
 
 1632. \_Valid.] 
 
 1 
 
 SARSONS. 
 
 
 2 
 
 WOODWARD. 
 
 X 
 
 1632, Bimilar to 926. 
 3672. [ Valid.] 
 
 1 
 
 SARSONS. 
 
 
 
 2 
 
 WOODWARD^ 
 
 X 
 
 X 
 
WOODWARD r. SARSONS. 
 
 ±10. [InvaUd.'] 
 
 399 
 
 1 
 
 SAESONS. 
 
 
 2 
 
 WOODWARD. 
 
 XCW 
 
 1374. [Jiditl.] 
 
 1 
 
 SARSONS. 
 
 
 
 
 
 2 
 
 WOODWARD. 
 
 X 
 
 TJ^s paper was torn through the middle where in- 
 dicated by the dotted bne. 
 
 1391. [Valid.] 
 
 1 
 
 SARSONS. 
 
 
 2 
 
 X WOODWARD. 
 
 
 2.-,!l2 and 2G13. [Vidid.'] 
 
 1 
 
 SARSONS. 
 
 
 X2 
 
 WOODWARD. 
 
 
 36±land36i2. [Valid.] 
 
 1 
 
 SARSONS. 
 
 1 
 
 2 
 
 X WOODWARD. 
 
 i 
 
 A^ipe ml i j: C. 
 
 "Borough of Birminghah. 
 
 " Instructions to Eeturning OfBoers. 
 
 " Counting Votes. 
 
 " The returning officer will attend at , at four o'clock p.m. on the 
 
 day of election to receive the ballot boxes and papers from the officers ; when 
 all the boxes have been delivered to him he will then 
 
 "1. Open the ballot boxes. 
 
 "2. Count the number of ballot papers in each box separatelj', and record the 
 number on the enclosed form. 
 
400 APPENDIX \\ 
 
 " 3. Mix all the ballot papers together (keeping their faces upwards). 
 "4. Sort into separate packets the votes for each candidate, and the douhtful 
 votes. 
 
 " 5. Examine the doubtful votes, and reject for the following reasons only : 
 " (1). For want of official mark. 
 " (2). Voting for more candidates than entitled to. 
 " (3). "Writing or mark by which the voter could be identified. 
 " (4). Unmarked or void for uncertainty. 
 " 6. Count the votes for each party. 
 
 " [It is very convenient to arrange them in heaps of twenties.] 
 ' ' 7. Seal up in separate packets. 
 " (1). The counted ballot papers. 
 " (2). The rejected ballot papers. 
 " [The packets of tendered Ijallot papers, marked copy of ward list, and 
 counterfoils must not be opened.] 
 
 " 8. Verify the presiding officer's ballot paper account. 
 
 " 9. Fill up and sign return on the printed forms herewith, and cause one of 
 them to be posted immediately on the outer door of the building in which the 
 counting takes place, and enclose the others in an envelope and send them to 
 the town clerk. 
 
 " 10. Direct the constables in attendance to take the boxes and papers to the 
 town clerk's office. 
 
 " The returning officer, his assistants and clerks, the candidates and the duly 
 appointed agents of the candidates and no other person, except with the sanction 
 of the returning officer, may be present at the countiug of the votes." 
 
 The case was argued by 
 
 O. Eassell {Chandos Leigh with him), for the petitioner. 
 
 Sir II. James [R. Brown with him), for the respondent Sarsons. 
 
 Gi.fard for the respondent Sadler (the returning officer). 
 
 The following authorities were cited— The Hardioick Case (a), Re The Belfast 
 Municipal Election (h). The Drogheda Case(c), The Hackney Case (d), The Canter- 
 linry Case (e), Hasiuell v. Steiunrt — The IVigtmun Case (/), Leigh and Le Marchant's 
 Jiledlon Law (2nd edit.), p. 97, citing judgment of Martin, B., in The Warrington 
 Case ((/), Bushby on Election Laio (4th edit.), p. 70, The Second Rarioich Case (Ji), 
 The Limerick Case (»'), and Davis v. Lm-d Kensington — The Haverfordwest Election 
 Case (k). 
 
 Car, adv. valt. 
 
 The following judgment of the court (1), which had been prepared by 
 Brett, J., was (on July 9th) read, in his absence, by 
 
 LoiiD CoLEEiDGE, C.J. — In this case a petition had been presented praying 
 that the election of the respondent, Mr. Sarsons, to the office of town councillor 
 should be declared void, and a case was stated for the opinion of the court. At 
 the election the petitioner Woodward and the respondent Sarsons were the can- 
 didates, and the respondent Sadler was the alderman of the ward and returning 
 officer. The returning officer appointed one Smith to be his presiding officer at 
 polling station. No. 130. Upon the electors applying for a ballot paper at such 
 station, the presiding officer marked upon the face of the ballot paper given to 
 each of them the number of the voter appearing on the burgess roll. This he 
 did to every ballot paper handed out by him. The number of ballot papers so 
 marked and given out by him was 294, of which 234 were given in favour of the 
 petitioner Woodward and 60 in favour of the respondent Sarsons. The burgess 
 roll numbers so marked were, in fact, not seen so as to be identified, but they 
 could have been seen by the persons present at the counting of the ballot papers. 
 
 (ffl) 1 Pow. Rod. & D. 315. (/,) 1 Pow. Rod. & D. 314. 
 
 (&) Law Rep. 7 Ir. Com. Law, 30. (J) P. & K. 373. 
 
 (c) W. & D. 206. (70 43 L. J. R. N. S. C. P. 370 ; S. C. 
 
 (a!) 2 0. & H. 77. L. R. 9 C. P. 750. 
 
 (c) K. k 0. 131. (0 Brett, J., Denman, J., and Arclu- 
 
 ( /■) 1 Scotch Sessions Cases, ',)2~>. bald, J. 
 
 Cy) 1 0. & H. 44. 
 
WOODWARD V. SARSONS. 401 
 
 At polling station No. V25, about 20 ballot papers were marked by the ')residinf,' 
 ofBoer by tbe direction of voters who were unable to read. Each of such ballot 
 papers was placed by the presiding officer in the ballot-box wi'apped up in the 
 declaration of inability to read, made by the voter for whom such vote was 
 marked. Each of the votes so given and so marked by the presiding officer 
 could have been, but was not in fact, identified by the returning officer at the 
 counting of the votes by comparing the ballot papers with the declarations of 
 inability in which they were wrapped. Twenty-two ballot papers, which had 
 been counted as valid, were, on inspection after the presentation of the petition, 
 found to be marked in a manner to which objection was now taken. It wascon- 
 tended that they ought all to have been rejected. The returning officer declared 
 at the election the numbers of votes thus : 
 
 For Sarsons ..... . 965 
 
 For Woodward .... . . 775 
 
 Majority for Sarsons . . . . . . .190 
 
 and thereupon he declared Sarsons, the respondent, to be duly elected. 
 
 The petition, without praying for a scrutiny, prayed that it might be deter- 
 mined that the said H. Sarsons was not duly elected, and that the election was 
 void. 
 
 Upon these facts it was argued, on behalf of the petitioner, that the election 
 was void, because it had not been conducted in accordance with the Ballot Act ; 
 that it was void on that account according to the common law of Parliament, 
 because the deviatiou from the Act was so great that the election could not be 
 said to be an election by ballot ; that it was void under the Ballot Act itself 
 according to Section 13, because it had not been conducted according to the 
 rules in the schedules, nor in accordance with the principles laid down in the 
 body of the Act, and the non-compliance with the principles of the Act had 
 affected the result of the election. And as to the last allegation, it was said 
 that the petitioner was not bound, in order to prove it, to show that on a scrutiuy 
 the respondent would be in a minority, but it was enough if he could show that 
 so large a body of electors as those who did vote or who might have voted at the 
 polling station No. 130 were or might have been virtually disfranchised. 
 
 On behalf of the respondents it was urged that the admitted error of the pre- 
 siding officer at the polling station No. 130 was not of sufficient importance to 
 avoid the election at common law, because the election was, notwithstanding 
 such eiTor, substantially conducted as an election by ballot ; that in this case it 
 could be demonstrated that the mistake relied on had not affected the result of 
 the election ; that a breach of the Ballot Act, however extensive, cannot as such 
 avoid an election, for there is no enactment in the Act to that effect ; that no 
 such enactment is contained in Section 13 ; that it is an enactment to save 
 certain elections, and not to invalidate any ; that it is an enactment of extreme 
 caution stating as law that which was equally the law before. Arguments were 
 then gone into as to the alleged validity and invalidity of different classes of 
 votes which had been counted. This was not done as by way of scrutiny, but 
 in order to determine whether the alleged mistakes had or had not aflected the 
 result of the election. 
 
 The questions raised for decision seem to be, first, what is the true statement 
 •of the rule under which an election may be avoided by the common law of 
 Parliament ? secondly, is the present case brought within the rule ? thirdly, 
 whether a breach of the Ballot Act can as such be a ground for avoiding an 
 <?lection ? fourthly, if yes ; can this election be thereby avoided 't 
 
 As to the first, we ax-e of opinion that the true statement is that an election 
 is to be declared void by the common law applicable to Parliamentary elections 
 if it was so conducted that the tribunal which is asked to avoid it is satisfied as 
 matter of fact, either that there was no real eUdiny at all, or that the election 
 was not really conducted under the subsisting election laws. As to the first, 
 the tribunal should be' so satisfied, i.e., that there luas no real elediiu/ by the con- 
 stituency at all, if it were proved to its satisfaction that the constituency had 
 not in fact had a fair and free opportunity of electing the candidate which the 
 majority might prefer. This would certainly be so, if a majority of the electors 
 
 L.B. D D 
 
402 APPENDIX V. 
 
 were proved to have been prevented from recording their votes effectively 
 according to their own preference, by general corruption or general intimida- 
 tion, or by being prevented from voting by want of the machinery necessary 
 for so voting, as by polling stations being demolished or not opened, or by other 
 of the means of voting according to law not being supplied, or supplied with 
 such errors as to render the voting, by means of them, void, or by fraudulent 
 counting of votes or false declaration of numbers by a returning officer, or by 
 other such acts or mishaps. And we think that the same result should follow 
 if, by reason of any such or similar mishaps, the tribunal, without being able to 
 say that a majority had been prevented, should be satisfied that there was 
 reasonable ground to believe that a majority of the electors may have been pre- 
 vented from electing the candidate they preferred. But if the tribunal should 
 only be satisfied that certain qi such mishaps had occurred, but should not be 
 satisfied either that a majority had been, or that there was reasonable ground 
 to believe that a majority might have been, prevented from electing the candi- 
 date they preferred, then we think that the existence of such mishaps would not 
 entitle the tribunal to declare the election void by the common law of Parlia- 
 ment. This, we think, is the result of comparingthe judgments of Grove, J., 
 at Hackney (ra) and Dudley (n) with the judgments of Martin, B., at Salford (o), 
 and of Mellor, J., at Bolton (js), all which judgments are in accordance with, 
 but express more accurately the grounds of, the decisions in Parliament in the 
 older cases of the Norfolk(q), Morpeth (r), Poiiiefract(s), Coventry [t]. New 
 Boss [u), and Drogheda (x), all which are mentioned in Eogers on Elections, 
 11th ed., pp. 392, 393. As to the second, i.e., that the election was not really 
 conducted under the subsisting election laws at all, though there was an election 
 in the sense of there having been an election by the will of the constituency, 
 we think that the question must in like manner be whether the departure from 
 the prescribed method of election is so great that the tribunal is satisfied as 
 matter of fact that the election was not an election under the existing laws. It 
 is not enough to say that great mistakes were made in carrying out the election 
 under those laws ; it is necessary to be able to say that either wilfully or erro- 
 neously the election was not carried out under those laws, but under some other 
 method. For instance, if, during the time of the old laws, with the consent of 
 a whole constituency, a candidate had been selected by tossing up a coin, or by 
 the result of a horse race, it might well have been said that the electors had 
 exercised their free will, but it should have been held that they had exercised 
 it under a law of their own invention, and not under the existing election laws, 
 which prescribed an election by voting. So now, where the election is to be an 
 election by ballot, if either wilfully or erroneously a ivhole constituency were to 
 vote, but not hy ballot at all, the election would be a free exercise of their will, 
 but it would not be an election by ballot, and therefore not an election under 
 the existing election law. But if, in the opinion of the tribunal, the election 
 was substantially an election by ballot, then no mistakes or misconduct, how- 
 ever great, in the use of the machinery of the Ballot Act, could justify the 
 tribunal in declaring the election void by the common law of Parliament. We 
 agree upon this point with the answer attributed to Martin, B., before a Com- 
 mittee of the House of Commons, with his decision at Salfoi-d, and with the 
 decisions of Mellor, J., at Bolton, and of Berry, J., at Drogheda{x).' 
 
 If the rule be thus stated, then the next question is, whether we can say, 
 upon the facts stated in the present case, that a majority of the electors have 
 been, or that there is reasonable ground to believe that a majoi'ity may have 
 been, by misconduct or error of the presiding officers, prevented from recording 
 their votes with effect. Now there is no evidence, as it seems to us, that any 
 elector was prevented from recording his vote, or induced not to record it, by 
 what occurred. All who went to vote at the polling station No. 130, did vote. 
 It was argued that a report of the error being then perpetrated might have 
 
 (m) 2 0. & H. 77. (•,■) 1 Dougl. H7. 
 
 («) /''«?• US. (■'.■) Ibid. 227. 
 
 (()) Ibid. 133. (0 15 Journ. 276. 
 
 (p~) Ibid. 138. 00 2 Pow. Rod. & D. 193. 
 
 (7) Heyw. 546. (,,■) W, & U. 206. 
 
WOODWARD V. SARSONS. 403 
 
 prevented others from going to vote, but this was answered by sbowino- that tbe 
 case finds that no one noticed the error until after the election was o'ver. The 
 result is that all the electors vs^ho desired to vote did vote ; and as to the votes 
 which -were given, and which are objected to, it is now known (except as to the 
 twenty) for whom each of them was in fact given. In this case, therefore, 
 where the objections to the particular votes have been determined, the effect of 
 the mistakes on the result of the election will be exactly known. If so, there 
 is no room for speculation or doubt as to whether a majority Tnay or may not 
 have been prevented from voting with eiiect. Those who did not vote were not 
 prevented by the errors which occurred ; it will be seen how the majority of 
 those who did vote was affected by such errors. In this case, therefore, it 
 becomes necessary, not by way of scrutiny, but in order to determine whether 
 the majority has been prevented from voting with effect, to detennine upon the 
 validity or invalidity of the votes which were given, and to which objection has 
 been taken. In order to determine this part of the case, it is necessary to con- 
 sider and determine the construction of the Ballot Act. Now, first, the Act is 
 divided into the principal part which contains certain sections, and two schedules 
 which contain certain rules and forms ; and by Section 28, "The schedules and 
 the notes thereto and directions therein shall be construed and have effect as- 
 part of this Act." The rules and forms, therefore, are to be construed as part 
 of the Act, but are spoken of as containing "directions." Comparing the- 
 sections and the rules, it will be seen that, for the most part, if not invariably, 
 the rules point out the mode or manner of doing what the section enacts shall 
 be done. And in Schedule 'Z, the first note states, "The forms contained in this 
 schedule ov forms as nearly resembling t/ie same as circumstances will admit shall 
 be used." And in the ballot paper, as given in the schedule, is " Directions as- 
 to printing ballot paper," and " Form of directions for the guidance of voters in 
 voting, &c. These observations lead us to the conclusion that the enacbuents, 
 as to the rules in the first schedule, and the forms in the second, are directory 
 enactments as distinguished from the absolute enactments in the sections in the 
 body of the Act. And in such case, in order to determine the preliminary 
 question, which is, whether there has been a material breach of the Act, and 
 which must be determined before determining what effect such breach has upon 
 a vote on the election, the general rule is that an absolute enactment must be 
 obeyed or fulfilled exactly, but it is sufficient if a directory enactment be obeyed 
 or fulfilled substantially. The 2nd section enacts, as to what the voter shall do, 
 that ' ' The voter having secretly marked his vote on the paper and folded it up 
 so as to conceal his vote, shall place it in an enclosed box." This is all that is 
 said in the body of the Act about what the voter shall do with the ballot paper. 
 That which is absolute, therefore, is that the voter shall mark his paper secretly. 
 How he shall mark it is in the directory part of the statute. By Rule 25, "The 
 elector, on receiving the ballot paper, shall forthwith proceed into one of the 
 compartments in the polling station, and there mark his paper, and fold it up so 
 as to conceal his vote, and shall then put his ballot paper so folded up into the 
 ballot-box." This rule, it will be observed, does not yet say how the paper is 
 to be marked- But in Schedule 2 is given the "form of ballot paper," and 
 appended to this form is a note, which, by the 28th section, is to be construed 
 and have effect as part of the Act. This note contains the form of directions 
 for the guidance of the voter in voting: " The voter will go into one of the com- 
 partments, and with the pencil provided in the compartment place a cross on 
 the right hand side, opposite the name of each candidate for whom he votes, 
 thus X." This is the only enactment throughout the statute as to the manner 
 and form in which the voter is to mark his ballot paper. And therefore, by the 
 general rule before mentioned, it would be necessary that the absolute enact- 
 ment thut the paper should be marked secretly should be obeyed exactly, but 
 it would be sufficient that the manner of marking the paper should be obeyed 
 substantially. If these two enactments be so obeyed, there is no material 
 breach of the Act. The extent of error, which is to vitiate so as to annul the 
 ballot paper, is further to be gathered from the statute itself. By Section 2, 
 "Any ballot paper which has not on its back the official mark, or on which 
 votes are given to more candidates than the voter is entitled to vote for, or on 
 which anything except the said number on the back is loritten or marked by 
 
 D d2 
 
404 APPENDIX V. 
 
 tohich the voter can he identified, shall be void, and not counted." It is not every 
 ■writing or every mark, besides the number on the back, which is to make the 
 paper void, but only such a. writing: or mark as is one by which the voter can 
 be identified. So in Rule 36, "The returning officer shall report, &c., the 
 number of ballot papers rejected, and not counted by him under the several 
 heads of, first, want of official mark ; secondly, voting for more candidates than 
 entitled to; thirdly, writing or mark hy luliich voter could he identified ; fourthly, 
 unmarhed or void for uncertainty." And then in Schedule 2 in the note to the 
 form above referred to, we have this warning, "If the voter votes for more 
 than candidates, or places any mark on the paper hy lohicli he may he after- 
 
 wards identified, his ballot paper wiU be void, and will not be counted." The 
 result seems to be, as to writing or mark on the ballot paper, that if there be 
 substantially a want of any mark, or a mark which leaves it uncertain whether 
 the voter intended to vote at all, or for which candidate he intended to vote, or 
 if there be marks indicating that the voter has voted for too many candidates, 
 or a writing or a mark by which the voter can be identified, then the ballot 
 paper is void, and is not to be counted. Or, to put the matter affii-matively, 
 the paper must be marked so as to show that the voter intended to vote for 
 some one, and so as to show for which of the candidates he intended to vote. 
 It must not be marked so as to show that he intended to vote for more candi- 
 dates than he is entitled to vote for, nor so as to leave it uncertain whether he 
 intended to vote at all, or for which candidate he intended to vote, nor so as to 
 make it possible, by seeing the paper itself, or by reference to other available 
 facts, to identify the way in which he has voted. 
 
 If these requirements are substantially fulfilled, then there is no enactment 
 and no rule of law by which a ballot paper can be treated as void, though the 
 other directions in the statute are not strictly obeyed. If these requirements 
 are not substantially fulfilled, the ballot paper is void, and should not be 
 counted: and if it is counted, it should be struck out on a scrutiny. The 
 decision in each case is upon a point of fact to be decided, first, by the returning 
 officer, and, afterwards, by the election tribunal on petition. 
 
 Applying these views to the votes in question before us, it is clear that the 
 294 ballot papers marked bj' the presiding officer at the polling station No. l;iO 
 were void, and ought not to be counted. There was a mark on them by which, 
 on reference to the burgess roll, the way in which the voter had voted could be 
 identified. 
 
 As to the 20 ballot papers at the polling station No. 125, there was a breach 
 by the presiding officer of the directions in rule 26, but there was no breach 
 for which by any enactment the ballot papers can be rejected. The votes were 
 given in the way prescribed, but the presiding officer dealt with the declarations 
 erroneously. We are of opinion that those votes were properly counted. As 
 to the ballot papers in Appendix A, No. 638 is clearly void, and must be 
 disallowed. We, with some hesitation, disallow Nos. 844 and S89. There is no 
 cross at all, and we yield to the suggested rule that the writing by the voter of 
 the name of the candidate may give too much facility, by reason of the hand- 
 writing, to identify the voter. But we cannot think that the mere fact of two 
 crosses being placed, as in 433 or as in 928, ought to vitiate the ballot paper. 
 There can be no doubt as to the intention to vote, and no doubt as to the inten- 
 tion to vote emphatically for the one candidate. If there were evidence of an 
 arrangement that the voter to indicate that it was he that voted, who had used 
 the ballot paper, then, by reason of such evidence, such double mark would be a 
 mark by_ which the voter could be identified, and then the paper, upon such 
 proof being made, should be rejected. But the mere fact of there being two 
 such crosses, is not, in our judgment, a substantial breach of the statute. 
 Neither is the mere fact of an additional mark such as is found in 926, nor the 
 mere fact of the peculiar form of cross in 1,364 and 641, nor the marks on 
 1,726, 2,140, 3,562, or 911, though in these cases also, extrinsic evidence of 
 arrangement might make such peculiarities indications of identity. We think 
 that, inasmuch as the ballot paper was handed in by the voter as a vote, the 
 mark on 875 substantially indicated that the voter intended to vote for the 
 candidate against whose name it is placed, and that the paper ought to be 
 allowed. And we think the same reasoning applies to 117, 155, 190, 505, 174, 
 
WOODWARD r. SARSONS. 405 
 
 183, 842, 1,413, in whioh the cross is placed on the left hand side of the 
 candidate's name, instead of on the right hand side. The substance of the 
 direction in the note in Schedule 2 is fulfilled, vrhich is, in our opinion, that 
 the voter should clearly indicate the candidate for whom he intends to vote. If 
 this be done substantially, and the absolute enactment as to secrecy be observed 
 fully, we think the statute is satisfied. For the same reasons we, in Appendix B, 
 disallow No. 410, but allow all the rest. 
 
 We are aware that in so applying the principles which we have deduced from 
 the statute, we are acting apparently in opposition to some of the decisions in 
 Haswell v. Stewart {'Vlie Wigtown Case) {y), but there may have been 
 evidence in that case which does not exist in the present, and which made 
 many of the marks there marks of identification, which the mere presence 
 of the marks here does not do. If this was not so, we respectfully 
 differ from the strict view taken by the majority of the learned judges who 
 decided that case, and adhere to the view of Lord Benholme given in that case. 
 It follows from our decision as to the different ballot papers, that if the 60 
 which were given for Sarsons, but properly disallowed at the counting by the 
 returning officer,* had not been rendered void by the presiding officer, they 
 would have made the votes for Sarsons 1,025, from which striking three 
 disallowed papers in Appendix A, his numbers would have been 1,022; and 
 adding the 234 for Woodward, but striking off one disallowed in Appendix B, 
 his numbers would have been 1,008. The 20 being properly, in our opinion, 
 allowed, do not affect the result. Inasmuch, however, as no voter was 
 prevented from voting, it follows that the errors of the presiding officers at the 
 polling stations. No. 130 and No. 125, did not affect the result of the election, 
 and did not prevent the majority of electors from, effectively exercising their 
 votes in favour of the candidate they preferred, and therefore that the election 
 cannot be declared void by the common law applicable to Parliamentary 
 elections. 
 
 But then it is urged that there has been a breach of the Ballot Act, and 
 therefore the election is, by virtue of the Act itself, void. This is the third 
 (juestion which was raised in argument before us. It is said Section 13, though 
 it is in a negative form, assumes, as an affirmative proposition, that a non- 
 compliance with the rules or any mistake in the use of the forms would render 
 an election invalid, unless it appeared that the election was conducted in 
 accordance with the principles laid down in the body of the Act, and that such 
 non-compliance or mistake did not affect the result of the election. If this 
 proposition be closely examined, it will be found to be equivalent to this, that 
 the non-observance of the rules or forms, which is to render the election 
 invalid, must be so great as to amount to a conducting of the election in a 
 manner contrary to the principle of an election by ballot, and must be so great 
 as to satisfy the tribunal that it did affect or might have affected the majority 
 of votes ; or, in other words, the result of the election. It, therefore, is, as has 
 been said, "an enactment ex abundante cautela," declaring that to be the law 
 applicable to elections under the Ballot Act, which would have been the law to 
 he applied, if that section had not existed. It follows that, for the same reasons 
 which prevent us from holding that this election was void at common law, we 
 must hold that it is not void under the statute. 
 
 As between the petitioner and the respondent Sarsons, we therefore hold that 
 this petition must be dismissed with costs. 
 
 As between the petitioner and the respondent Sadler, we are of opinion that, 
 inasmuch as there was no personal default by the respondent, and the result of 
 the election was not affected, the petition must be dismissed ; each party to 
 hear his own costs. 
 
 Petitiun dismissed accordingly. 
 
 (y) 2 0. & H. 215. 
 
APPENDIX VI. 
 
 FORMS AND PRECEDENTS. 
 
 INDEX OF FOEMS AND TEEOEDENTS. 
 
 PAGE 
 
 1 . Certilicate of two Members on Vacancy during Eecess . 408 
 
 '2. Writ for County or Borough Election . . . 408 
 
 ;j. Certificate or Eeturn to be endorsed thereon . . 408 
 
 4. Notice of Election . . . . . . 400 
 
 5. Appointment of Election Agent . . . . 409 
 
 6. Declaration of Election Agent's Name and Address to Eeturning 
 
 Officer * . . . . . . . 409 
 
 7. Nomination Paper ... . . . 410 
 
 8. Notice of Disqualification . . . . 410 
 
 9. Ballot Paper (with directions for printing) . . . . 411 
 
 10. Appointment of Sub-Agent . . . 412 
 
 11. Appointment of Polling Agent . 412 
 
 12. Appointment of Presidmg Officer ... . . 412 
 
 13. Directions for Guidance of Voters in voting . . .412 
 
 14. Statutory Declai-ation of Secrecy . . . . 413 
 
 15. Declaration of Inability to Eead . . . . 413 
 
 16. Statements of Eight of Petition . . . 41. 'J 
 
 17. Personation Questions 414 
 
 18. Personation Oath . . 414 
 
 19. Declaration that Voter is the person on the Eegister, &c., to be used at 
 
 Polls in Scotland . . 414 
 
 20. General Form of Petition (England) . . .... 414 
 
 21. General Form of Petition (Scotland) .... . 415 
 
 22. Petition alleging Corrupt Practices and praying that Election may 
 
 be declared Void ....... . 415 
 
 23. Petition alleging Corrupt and Illegal Practices and Disqualification 
 
 and claiming Seat .... . . . 4 1 fi 
 
 24. Petition alleging Corrupt and Illegcil Practices and claiming Seat . . 417 
 
 25. Eeferences to other Precedents of Petitions 418,419 
 
 26. Eeceipt for Petition to be given by Master (Eule 1) . . . 419 
 
 27. Eecognizance (Eule 19) . . ... 420 
 
 28. Affidavit of Sufiicienoy (Eule 28) . . . 420 
 
 29. Notice of Trial (Eule 33) . . . . . 420 
 
 30. Judge's Order to Compel Attendance of Witness (Eule 41) . . .4-0 
 
 31. Wa.rrant for Committal for Contempt (Eule 42) . . 421 
 
 32. Notice of Application for Leave to Withdraw (Eule 45) . . .421 
 
 33. Notice of having lodged such Notice (Eule 47) . -121 
 
 34. Particulars of Bribery . . ... 421 
 
 35. Particulars of Treating . . • -1-2 
 
 36. Particulars of Undue Influence . . • 423 
 
 37. Necessary Affidavit for Withdrawal of Petition . . • -123 
 
 38. Special Case and Eeferences to Precedents . 423, 423, note (k) 
 
 39. Lists of Objections to Votes on Scrutiny . 424 — 426 
 
 40. Notice to Produce 427 
 
 41. Application for Taxation of Charges of Eeturning Officer . 427 
 
 42. Notice of Time and Place fixed for Taxation . . . . 428 
 
 43. Order on Taxation . . . 428 
 
 44. Application for Examination of Claim transmitted to Eetui-ning Officer 429 
 
 45. Notice of Time and Place fixed for Examination of Claim . 429 
 
 46. Order on Examination of Claim 430 
 
 47. Certificate under Eeturning Officers Act, 1875, s. 1 . . . • •130 
 
408 APPENDIX VI. 
 
 1. 
 Certificate of Tiuo Memhers on Vacancy duriny Recess (y). 
 
 We -whose names are vmdei-written, being two members of tbe House of 
 Commons, do hereby certify, that M.P., late a member of the said House, 
 serving as one of the knights of the shire for the countj' of [«r as the case 
 
 may ?)e] died upon the day of [or is become a peer of Great Britain, 
 
 and that a writ of summons halh been issued, under the Great Seal of Great 
 Britain, to summon him to Parliament], [cr has accepted the office of member 
 of the council for India (or as the case may Je)], and has been gazetted thereto 
 in the Gazette, dated the day of , and has thereby vacated his 
 
 seat ; and we give you this notice, to the intent that you may issue your warrant 
 to the clerk of the Crown, to make out a new writ for the election of a knight to 
 serve in Parliament for the said county of [or as the case may he'] in the 
 
 room of the said M.P. Given under our hands, this day of 
 To the Speaher of 
 
 the House of ConiTnons. 
 
 Note. — That in case there shaU be no Speaker of the House of Commons, 
 or of his absence out of the realm, such certificate may be addressed to any one 
 of the persons appointed according to the directions contained in s. 5 of the 
 statute '24 Geo. 3, sess. 2, c. 26. 
 
 Writ for a Comity or Borough at a Parliamentary Election (z). 
 
 (a) Edward the Seventh, by the Grace of God, of the United Kingdom of 
 Great Britain and Ireland, and of the British Dominions beyond the Seas, King, 
 Defender of the Faith, to the of the county [or borough] of , 
 
 greeting : 
 
 [h) Whereas by the advice of our council we have ordered a Parliament to be 
 holden at Westminster on the day of next. We command you that, 
 
 notice of the time and place of election being first duly given, you do cause 
 election to be made according to law of members [or a member] to serve 
 
 in Parliament for the said county [or the division of the said county, or 
 
 the borough, or as the case may he] of , (c) and that you do cause the 
 
 names of such members [or member] when so elected, whether they [or he] be 
 present or absent, to be certified to us, in our Chancery, without delay. 
 
 Witness ourself at Westminster, the day of , in the year of 
 
 our reign, and in the year of our Lord 19 . 
 
 Label or Direction of Trr(Y(2). 
 
 To the {d) of 
 
 A writ of a new election of members [or member] for the said coimty [or 
 division of a county or borough, or as the case ii,ay be]. 
 
 3. 
 Endorsement to be made on ]Vrit on receipt thereof [z). 
 ileceived the within writ on the day of , 19 . 
 
 (Signed) A.B., 
 High Sheriff [or Sheriff, or Mayor, or «.? the case may be]. 
 
 (//) See the forms in 24 Geo. 3, sess. 2. in case of a general election, 
 
 c. 26, Sched,, and 21 & 22 Vict. c. IIU, (c) Except in a general election, insert 
 
 Sched., pp. 230—231, 253, siipni. here " in the place of A.B. deceased," or 
 
 (-) See Bullet Act, 1872, Sched. 2. otherwise, stating the cause of vacancy. 
 
 («) The name of the sovereign may be {J} In&ert " sherifiE" or other returning 
 
 altered when necessary. officer. 
 
 (S) This preamble to be omitted except 
 
FORMS AND PRECEIJENTS. 409 
 
 Certificate endorsed on the Writ{c). 
 I hereby certify, that the members [or member] elected for , in pursu- 
 
 ance of the within- written writ, are [or is] A.B., of , in the county 
 
 of , and CD., of , in the county of 
 
 (Signed) A.B., 
 High Sheriff [or Sheriff, or Mayor, or as the case may be']. 
 Note. — A separate writ will be issued for each county as defined for the 
 purposes of a Parliamentary Election. 
 
 Notice of Election (d). 
 
 The returning oflBcer of the of will, on the day of now 
 
 next ensuing, between the hours of and , proceed to the nominatiou, 
 
 and, if there is no opposition, to the election, of a member [or members] for the 
 said county [or division of a county or borough] at the ^e) 
 
 Forms of nomination paper may be obtained at («) , between the hours 
 
 of and on , and must be signed by two registered electors as 
 
 proposer and seconder, and by eight other registered electors as assenting to the 
 nomination. 
 
 Every nomination paper must be delivered to the returning officer by the can- 
 didate proposed, or by his proposer and seconder, between the said hours of 
 and on the said day of at the said (e). 
 
 Each candidate nominated, and his proposer and seconder, and no other 
 persons, are entitled to be admitted to the room. 
 
 (Signed) A.B., 
 Sheriff [or Mayor, or as the case may ie]. 
 day of 19 . 
 
 Take notice, tha,t all persons who are guilty of bribery, treating, undue 
 influence, personation, or other corrupt practices at the said election will, on 
 conviction of such offence, be liable to the penalties mentioned in that behalf 
 in "The Corrupt Practices Prevention Act, 1854," and the Acts amending 
 the same. 
 
 Appointment of Election Agent. 
 
 I, A.B., of , do hereby name and appoint CD., of , as my election 
 
 agent in i-espect of the election now about to be held for 
 day of , 19 . 
 
 (Here sign) A.B. 
 
 6. 
 Beclurution of Election Agent's Name and Address to Returning Officer {f). 
 I, A.B., of , a candidate in respect of the election now about to be held 
 
 for the county [or city, or town, or borough, or burgh, or district of burghs, 
 or division of the county, or city, or town, or borough, or burgh, as the 
 
 axse may be] of , do hereby declare the name and address of my election 
 
 agent to be CD., of ; and the address of his office at which all claims, 
 
 notices, writs, summons, and documents may be delivered to be 
 day of 19 . 
 
 {Here sign) A.B. 
 
 To the Returning Officer for 
 
 ((■) See Ballot Act, 1872, s. 1, Sched. 1, (0 Note.— Insert description of plaoe 
 
 r. a, and Sched. 2. and room. 
 
 (d) See Ballot Act, 1872, Sched. 2; (/) See p. 54, «m;;™, and also Corrupt 
 
 Keturniiig Officers Act, 1S75, s. 7 ; and Practices Act, 1SS3, s. 24 (3) ; ibid. 
 
 Corrupt Practices Act, 1883, s. 62 (3). s. 26 (1). 
 
410 
 
 APPENDIX VI. 
 
 7. 
 
 Nomination, Paper (a). 
 
 We, the undersigned A.B., of , in the of , and CD., of , 
 
 in the of , being electors for the of , do hereby nominate 
 
 the following person as a proper person to serve as member for the said 
 in Parliament . — 
 
 Surname. 
 
 Other Names. 
 
 Abode. 
 
 Rank, Profession, or 
 Occupation. 
 
 BROWN . 
 
 John .... 
 
 52, George St., Bris- 
 tol. 
 
 Merchant. 
 
 JONES 
 
 or 
 William David . 
 
 High Elms, Wilts . 
 
 Esquire. 
 
 MERTON . 
 
 or 
 
 Hon. George Travis 
 (commonly called 
 Viscount). 
 
 Swanworth, Berks . 
 
 Viscount. 
 
 SMITH . 
 
 Henry Sydney . 
 
 72, High St., Bath . 
 
 Solicitor. 
 
 (Signed) 
 
 A.B. 
 CD. 
 
 We, the undersigned, being registered electors of the , do hereby assent 
 
 to the nomination of the above-mentioned John Brown as a proper person to 
 serve as member for the said in Parliament. 
 
 (Signed) 
 
 E.P. 
 
 of 
 
 G.H. 
 
 of 
 
 I.J. 
 
 of 
 
 K.L. 
 
 of 
 
 M.N. 
 
 of 
 
 O.P. 
 
 of 
 
 Q.E. 
 
 of 
 
 S.T. 
 
 of 
 
 S.E. 
 
 of 
 
 N.L. 
 
 of 
 
 Note. — ^Where a candidate is an Irish peer, or is commonly known by some 
 title, he may be described by his title as rf it were his surname. 
 
 Notice of Disqualificatiou of a Candidate {h). 
 
 Election, 19 . 
 
 The electors of the county [or borough] of 
 
 Whereas A.B., a candidate for the representation of the county [or borough] 
 
 of at an election now about to be held for the said county [or borough] 
 
 is ^ [state grounds of diaqiMliJicatioH] and whereas by reason of the 
 
 said [or matters aforesaid] the said A.B. is incapacitated and disqualified 
 
 («) See pp. 18—22, supra, and Ballot 
 Act, 1872, Sched. 1, r. 7, and Sched. 2. 
 
 (*) See pp, 213—21-1, supra. 
 
FORMS ANl) PRECEDENTS. 
 
 411 
 
 from being elected as a member of Parliament for the said county [or borough] : 
 Now take notice that all votes given for the said A.B. at the said election will 
 be thrown away and wholly null and void. 
 
 (Signed) CD., 
 Agent for E.F., a Candidate for the representation of the county [or 
 borough] of at the approaching election. 
 
 {Note to last form.) 
 
 Similar forms of notice of disqualification will be found in Londonderry (1860), 
 where the disqualification consisted of government contracts ; Oalway {C'onnty) 
 (1872), 2 0. & H. 47, a case of treating and undue influence; and Drinkwater V. 
 Deakin (Launceston) (1874), L. E. 9 0. P. 626. In the last-mentioned case the 
 gi'ounds of disqualification stated are insufficient. See also Oox v. Ambrose 
 (1889), 7 Times L. E. 59. 
 
 Counterfoil No. 
 
 Note : 
 
 The cmmterfu'il 
 is to hare a niim- 
 her to correspond 
 with that on the 
 i ich of the Ballot 
 Paper. 
 
 
 
 9. 
 
 
 Ballot Paper (a). 
 
 
 Form of Front of Ballot Paper. 
 
 ♦ 
 
 
 BROWN 
 
 
 * 
 * 
 
 1 
 
 (John Brown, of 52, George St., 
 Bristol, merchant.) 
 
 
 * 
 
 
 
 
 * 
 * 
 
 
 JONES 
 
 
 
 2 
 
 (William David Jones, of High 
 Ehns, Wilts, esquire.) 
 
 
 * 
 
 
 
 
 
 
 
 * 
 
 
 MERTON 
 
 
 * 
 
 3 
 
 (Hon. George Travis, commonly 
 called Viscount Merton, of 
 
 
 * 
 
 
 Swanworth, Berks.) 
 
 
 4c 
 
 
 
 
 • 
 
 * 
 ♦ 
 ♦ 
 
 
 SMITH 
 
 
 4 
 
 (Henry Sydney Smith, of 72, High 
 Street, Bath, attorney.) 
 
 
 Form of Back of Ballot Paper. 
 
 Election for county [or borough, or ward]. 
 
 19 . 
 ^„<e.— The number on the ballot paper is to correspond with that in the 
 counterfoil. 
 
 Directions as to printing Ballot Paper. 
 
 Nothing is to be printed on the front of the ballot paper, except in accordance 
 with this schedule. 
 
 The surname of each candidate, and if there are two or more candidates of the 
 same surname also the other names of such candidates, shall be printed in large 
 chai-acters, as shown iti the form, and the names, addresses and descriptions 
 shall be printed in small characters. 
 
 [ii) See p. 2C>, supra. 
 
412 APPENDIX VI. 
 
 10. 
 
 Appointment of Stih-Agent. 
 
 I, A.B., of , the election agent of CD., of , a candidate in respect 
 
 of tlie election now about to be held for , do hereby appoint E.F., of 
 
 , my sub-agent to act within polling district 
 day of , 19 . 
 
 (Here sign) A.B. 
 
 11. 
 
 Appointment of Polling Agent. 
 
 I, A.B., of , the election agent [or, as the case may he, sub-agent within 
 
 polling district] of CD., a candidate in respect of the election now about 
 to be held for the county [^or city, or town, or borough, or burgh, or district of 
 burghs, or division of the county, or city, or town, or borough, or burgh, 
 
 as the case may he] of , do hereby nominate and appoint E.F., of , to 
 
 he a polling agent on behalf of the said CD., to attend at polling station 
 No. , in polling district No. , for the purpose of detecting personation 
 
 [if also employed as a counting agent, add'], and also as an agent to attend the 
 counting of the votes on behalf of the said CD. 
 
 {Here sign) A.B. 
 day of 19 . 
 
 To the Eeturning Officer for and to the Presiding Officer at polling 
 
 station 
 
 12. 
 
 Appointment of Presiding Officer. 
 
 South Bedfordshire \ A.B., Esq., high sherifE of the county aforesaid [or who 
 [or Inverness] I has been dulj^ appointed in writing by CD., Esq., high 
 [as the case may he] T sheriff of the county of , to act as deputy returning 
 
 to wit. I officer for the division aforesaid, at the now ensuing 
 
 election for the said division] or returning officer for the city [or borough] 
 aforesaid [as the case may he] to E.F., gentleman. 
 
 By virtue of the authority contained in the Ballot Act, 1872, and of any 
 other law now in force, enabling me in that behalf, I (A.B.) do hereby nominate 
 and appoint you to preside at the taking of the poll at the [state ivhetlier 
 
 at the principal place of election, or at which of the several polling places] for the 
 said county [or for the district in the said division] [or for the 
 
 district in the said city (or borough)] [as tJie case may be] at the now ensuing 
 election of members to serve in Parliament for the said county [or division] [or 
 city or borough] [as the case may be], and as such presiding officer to exercise all 
 such powers and do all such acts as by the said Act, or by any other Act now in 
 force respecting elections, you are lawfully authorised to do. 
 
 Given under the seal of my office [or under my hand] [as the case may he], 
 this day of a.d. 
 
 A.B., 
 High sheriff [or deputy returning office} 
 or [returning officer], [as the case may he]. 
 
 13. 
 
 Directions for the Guidance of the Voter in voting, lohich shall be printed 
 in conspicuous characters, and placarded outside every polling station and in 
 every compartment of every polling station (a) . 
 
 The voter may vote for candidate . 
 
 The voter will go into one of the compartments, and, with the pencil provided- 
 
 (a) See p. 27, supra. 
 
FORMS AND PRECEDENTS. 413 
 
 in the compartment, place a cross on tlie right-hand side, opposite the name of 
 each candidate for -whom, he votes, thus X- 
 
 The voter will then fold up the ballot paper so as to show the otRcial mark on 
 the back, and leaving the compartment will, without showing the front of the 
 paper to any person, show the official mark on the back to the presiding officer, 
 and then, in the presence of the presiding officer, put the paper into the ballot 
 box, and forthwith quit the polling station. 
 
 If the voter inadvertently spoils a ballot paper, he can return it to the officer, 
 who will, if satisfied of such, inadvertence, give him another paper. 
 
 If the voter votes for more than candidate , or places any mark on the 
 
 paper by which he may be afterwards identified, his ballot paper will be void, 
 and will not be counted. 
 
 If the voter takes a ballot paper out of the polling station, or deposits in the 
 ballot box any other paper than the one given him by the officer, he will be 
 guilty of a misdemeanour, and be subject to imprisonment for any term not 
 exceeding six months, with or without hard labour. 
 
 Note. — These directions shall be illustrated by examples of the ballot paper. 
 
 14. 
 
 Statutory Declaration «/ Secrecy (6). 
 
 I solemnly promise and declare, that I will not at this election for do 
 
 anything forbidden by section four of the Ballot Act, 1872, which has been 
 read to me. 
 
 Note. — The section must be read to the declarant by the person taking the 
 declaration. 
 
 15. 
 
 Declaration of inability to read (i-). 
 
 I, A.B., of , being numbered on the register of voters for the 
 
 county [oj- borough] of , do hereby declare that I am unable to read. 
 
 A.B., his mark, 
 day of 
 I, the undersigned, being the presiding officer for the polling station for 
 
 the county [or borough] of , do hereby certify, that the above declaration, 
 
 having been first read to the above named A.B., was signed by him in my 
 presence with his mark. 
 
 Signed CD., 
 Presiding officer for polling station for the county [or 
 
 borough] of 
 day of 
 
 16. 
 Statements of Bight of Petition. 
 
 That at the last election of a member {or members) to serve in this present 
 Parliament for the borough of your petitioners were registered electors of 
 
 the said borough, and had a right to vote at the said election ; [or were registered 
 electors of the said borough, and did vote at the said election] ; [or were registered 
 electors of the said borough, and had a right to vote and did vote at the said 
 election]. 
 
 That your petitioner was a candidate at the last election of a member {or 
 members) to serve in the present parliament for the borough of and was 
 
 not disqualified to be returned and to sit as a member for the said borough ; [or 
 
 (Ji) See p. iS, siqyra. (c) See p. 30, snpra. 
 
414 APPENDIX VI. 
 
 was a candidate at the last election of a member or members to serve in the 
 present parliament for the borough of and claims to have had and had a 
 
 right to be returned at the said election]. 
 
 17. 
 Personaiiuii Questions {d). 
 
 1. Are you the same person whose name appears as A.B. on the register of 
 voters now in force for the county of [or for the riding, parts or 
 
 division, of the county of , or for the city of , or for the 
 
 borough of ns the case may 6e] ? 
 
 2. Have you ah-eady voted, either here or elsewhei'e, at this election for the 
 county of [or for the riding, parts, or division of the county of 
 
 , or for the city of , or for the borough of , as the case 
 
 may ie] ? 
 
 18. 
 
 Personation Oath [d). 
 
 Tou do swear [or affirm as the case may be} that you are the same person whose 
 name appears as A.B. on the register of voters now in force for the county of 
 [ur for the riding, parts, or division of the county of , or for 
 
 the city or borough of , as the case may Je], and that you have not before 
 
 voted, either here or elsewhere, at the present election for the county of 
 [or for the riding, parts, or division of the county of , or for the city 
 
 or borough of , as the case may fee]. So help you God. 
 
 Declaration that Voter is the person on the Register, &c., to be used at Polls in 
 
 Scotland. 
 
 I, A.B., declare that I am the person whose name appears on the register of 
 voters now in force for the county of , as A.B. [name and surname, and 
 
 place of abode as in register'] ; and that I have not before voted at this election. 
 
 20. 
 
 General Form of Petition (e). 
 
 (England and Ireland.) 
 In the High Court of Justice. 
 
 King's Bench Division. 
 
 The Parliamentary Elections Act, 1868. 
 
 Election for [state the place] holden on the day of , A.J>. 
 
 The petition of A., of [or of A., of , and B., of , as the case 
 
 may be], whose names [or names] are subscribed. 
 
 1. Your petitioner. A., is a person who voted [or had a right to vote, as the 
 
 (fi) See pp. 29, 60, 51, sujjra. Eules set out in Appendix III., p, SeP, 
 
 (e) See Eule 5 of tbe Election Petition supra. 
 
FORMS AND PRECEDENTS. 415 
 
 case may he] at the above election [yr claims to tave had a right to be returned 
 at the above election, or was a candidate at the above election] ; and your 
 petitioner, B., \htre state in likemamier the right of each petitioner]. 
 
 2. And your petitioners state that the election was holden on the day 
 of , A.D. , when A.B., CD., and E.F., were candidates, and the 
 returning officer has returned A.B. and CD. as being duly elected. 
 
 3. And your petitioners say that [/jere state (briefly) the (/rounds and facts on 
 which the petitioners rely]. 
 
 Wherefore your petitioners pray that it may be determined that the said A.B. 
 was not duly elected or returned, and that the election was void [or that the 
 said E.F. was duly elected, and ought to have been returned, or as the case 
 may hel. 
 
 (Signed) A. 
 B. 
 
 21. 
 
 General Form of Petition (/). 
 
 (Scotland.) 
 
 Parliamentary Elections Act, 1868. 
 
 Election for [state place] holden on the day of 19 . 
 
 The petition of A. [name and designation], or of A., B., and C [names and 
 designations] whose names are subscribed hereto. 
 
 Your petitioner. A., who voted [or had a right to vote, as the case may le] at 
 the above election [or claims to have had a right to be returned at the above 
 election, or was a candidate at the above election], and your petitioner B. [here 
 state in like manner the right of each petitioner]. 
 
 And your petitioners state that the election was holden on the day 
 
 of when A.B. and CD. were candidates, and the returning officer has 
 
 returned A.B. as being duly elected. 
 
 And your petitioners say that [here state the facts on luhich the petitioners rely]. 
 
 Wherefore your petitioners pray that it may be determined that the said A.B. 
 was not duly elected or returned, and that the election was void [or that the 
 said CD. was duly elected, and ought to have been returned, as the case may he]. 
 
 In respect whereof, &c. 
 
 [Signed by petitioners.] 
 
 22. 
 
 Petition alleging Corrupt Practices and Praying that Election may be declared Void. 
 
 In the High Court of Justice. 
 King's Bench Division. 
 
 The Parliamentary Elections Act, 1868. 
 
 Election for the countj' of holden on the and days of 
 
 in the year of our Lord 
 
 The petition of A.B., of in the county of 
 
 1. Tour petitioner is a person who voted at the above election. 
 
 2. Your petitioner states that the said election was holden on the day 
 
 (/) General Kules (Scotland), Rule 2, Sched. (B). 
 
416 APPENDIX VI. 
 
 of , in tlie year of our Lord , when CD. and E.F. were candidates ; 
 
 and the returning officer has returned the said E.F. as being duly elected. 
 
 3. Your petitioner says that the said E.F. was by himself, his agents or 
 agent and other persons on his behalf, guilty of bribery before, during and 
 after the said election, whereby he was and is incapacitated to serve in the 
 present parliament for the said county, and the said election and return of the 
 said E.F. was and is wholly null and void. 
 
 4. Your petitioner further says that the said E.F. was by himseK, his 
 agent or agents and other persons on his behalf, guilty of treating before, 
 during and after the said election, wherebj' he was and is incapacitated to serve 
 in the present parliament for the said county, and the said election and return 
 of the said E.F. was and is wholly null and void. 
 
 5. Your petitioner further says that the said E.F. was by himself, his 
 agents or agent and other persons on his behalf, guilty of undue influence 
 before, during and after the said election, whereby he was and is incapacitated 
 to serve in the present parhament for the said county, and the said election and 
 the return of the said E.F. was and is wholly null and void. 
 
 6. Your petitioners also say that the said E.F. personally engaged before, 
 ■during or at the said election to which this petition relates as a canvasser or agent 
 for the management of the said election a person reported guilty of corrupt 
 practices by the report of [Jiere fill in descriptiun of court, date of report, t&c] 
 knowing that the persons or person so engaged had been so reported guilty 
 of corrupt practices within seven years previous to such engagement, whereby 
 the said election and return of the said E.F. was and is wholly null and 
 ■void (a). 
 
 "Wherefore your petitioner prays that it may be determined 
 that the said E.F. was not duly elected or duly returned, and 
 that the said election and return of the said E.F. was and is 
 wholly null and void. 
 
 23. 
 
 Petition alleging Corrupt and Illegal Practices (Did Disqualification and Clniming 
 
 Seat. 
 
 In the High Court of Justice. 
 
 King's Bench Division. 
 
 The Parliamentary Elections Act, 1868. 
 
 Election for the borough of , holden on the and days of , 
 
 in the year of our Lord 
 The petition of A.B. of , in the county of , whose name is 
 
 subscribed. 
 
 1. Your petitioner was a candidate at the above election. 
 
 2. And your petitioner states that the said election was holden on the 
 
 day of , in the year of our Lord when CD. and your 
 
 petitioner A.B. were candidates, and the returning officer has returned CD. as 
 being duly elected. 
 
 3. And your petitioner further says, that the said CD. was by himself and 
 
 (a) See Representation of the People Act, 18(i7, s. 4-t, pp. 271 — 272, supra. 
 
FORMS AND PRECEDENTS. 417 
 
 other persons on his behalf guilty of bribery, before, during and after the said 
 election, whereby he was and is incapacitated from serving in parliament for the 
 said borough of , and the said election and return of the said CD. were 
 
 and are wholly null and void. 
 
 4. And your petitioner further says, that many persons voted at the said election 
 and were reckoned upon the poll for the said CD. who were guilty of bribery, 
 and who were bribed to vote thereat for him, and that the said votes of all such 
 person were null and void and ought now to be struck off the poll. 
 
 0. And your petitioner further says, that many persons who were registered 
 as voters for the borough of were admitted to vote and did vote in favour 
 
 of the said CD. and that the said persons who so voted as aforesaid were and 
 had been disqualified by legal incapacity to vote and were prohibited by law 
 from voting by virtue of divers statutes in force at the time of the said election, 
 and such votes ought now to be struck off the poll. 
 
 6. And your petitioner further says that many persons, who were disqualified 
 to vote at such election by reason of their holding or having held disqualifying 
 empIojTnents, or having been hired or employed for the purposes of the election 
 for reward by and on behalf of the said C.D. at the said election as polling 
 agents, were, nevertheless, admitted to vote and did vote for the said CD., and 
 that such votes ought now to be struck off the poll. 
 
 7. And your petitioner further says, that persons personated and voted as and 
 for certain electors whose names appear on the register i of the said borough, but 
 who did not themselves vote, and that the votes so recorded ought now to be 
 struck off the poll. 
 
 8. And your petitioner further says, that the said CD. obtained an apparent 
 and colourable majority over your petitioner the said A.B. whereas in truth and 
 in fact your petitioner the said A.B. had a majority of votes of the electors of 
 the said borough who voted at the said election, and who were at the time 
 thereof duly qualified by law to vote, and was duly elected as a member to 
 serve in parliament for the said borough, and ought to have been returned as 
 such member. 
 
 Wherefore your petitioner prays that it may be determined that 
 the said CD. was not duly elected or returned, and that his 
 election and return were and are wholly null and void, and that 
 your petitioner the said A.B. was duly elected, and ought to 
 have been returned. 
 
 (Signed) A.B. 
 
 2-1. 
 
 Petition alleging Corrupt and Illegal Practices and Claiming Seat. 
 
 In the High Court of Justice, 
 
 Bang's Bench Division. 
 
 The Parliamentary Elections Act, 1868. 
 
 Electors for the borough of , in the county of , holden on the 
 
 day of , in the year of our Lord 
 
 The petition of A.B. of , in the county of , and of 
 
 , in the county of , and CD., of , in the city 
 
 of , whose names are subscribed. 
 
 1. Your petitioners were respectively candidates at the said election and claim 
 to have a right to have been returned thereat. 
 
 2. And your petitioners state, that the election was holden on the day 
 of , in the year of our Lord , when B.F., G.H., your petitioner A.B., 
 and your petitioner CD., were candidates, and the returning ofiaoer has returned 
 the said E.F. and G.H. as being duly elected. 
 
 3. And your petitioners say, that the said E.F. and G.H. were by themselves 
 and each of them, and by other persons on their behalf and on behalf of each of 
 them guilty of undue influence before, during and after the said election, 
 whereby they and each of them were and are incapacitated to serve in the present 
 
 L.E. ^ ^ 
 
418 APPENDIX VI. 
 
 parliament for the said borough of , and the said election and return of the 
 
 said E.F. and G.H. were and are null and void. 
 
 4. That divers persons voted at the said election and were reckoned upon the 
 poll of the said E.F. and Q-.H. who were before and at and after the said 
 election guilty of undue influence, and that all such persons were thereby dis- 
 qualified from voting and their votes ought now to be struck oH the poll. 
 
 5. That divers persons voted at the said election and were reckoned upon 
 the poll of the said E.F. who were before and at and after the said election 
 guilty of undue influence, and that all such persons were thereby disqualified 
 from voting, and their votes ought now to be struck off the poll of the said E.F. 
 
 6. That. divers persons voted at the said election and were reckoned upon 
 the poll of the said G.H. who were before and at and after the said election 
 guilty of undue influence, and that all such persons were thereby disqualified 
 from voting, and their votes ought now to be struck off the poll of the said G.H. 
 
 7. That divers persons voted at the said election and were reckoned upon 
 the poU of the said E.F. and G.H. who were registered electors of the said 
 borough of by the revising barrister, but had since then and before 
 the said election become disqualified for and incapable of lawfully voting at 
 the said election and that their vote ought now to be struck oS the poll. 
 
 8. That divers persons voted at the said election and were reckoned upon 
 the poll of the said E.F. who were registered electors of the said borough 
 of by the revising barrister, but had since then and before the said election 
 become disqualified, for and incapable of lawfully voting at the said election 
 and that their votes ought now to be struck off the poll of the said E.F. 
 
 9. That divers persons voted at the said election and were reckoned upon 
 the poll of the said G.H. who were registered electors of the said borough of 
 
 by the revising barrister, but had since then and before the said election become 
 disqualified for and incapable of lawfully voting at the said election and that 
 their votes ought now to be struck off the poll of the said G.H. 
 
 10. That the majority of votes declared by the returning oflScer in favour of 
 the said E.F. and G.H. and of each of them respectively, was only an apparent 
 and colourable majority, inasmuch as the votes of divers persons were accepted 
 and received on the said poll in favour of the said E.F. and G.H., and in favour 
 of the said E.F. separately from the said G.H., and in favour of the said 
 G.H. separately from the said E.F., who were not legally entitled and had no 
 right to vote at the said election, and that the real majority of good and legal 
 votes polled at the said election was in favour of the said A.B. and CD. and 
 each of them over the said E.F. and G.H. and over each of them, and that the 
 said A.B. and G.D. were duly elected members to serve in Parliament and 
 ought to be returned as such. 
 
 Wherefore your petitioners pray that it may be determined that 
 the said E.F. and G.H. were not nor was either of them duly 
 elected or returned, and that the election and return of the 
 said E.F. and G.H. and each of them was and were null and 
 void, and that the said A.B. and CD. and each of them 
 were respectively duly elected and ought to have been returned 
 to serve as members for the said borough of in this present 
 
 parliament. 
 
 25. 
 
 References to other Precedents of Petitions will he found in the following cases. 
 
 Illegal conduct of returning ofiicer : 
 
 Caernarvon (1833), P. & K. 106. In admitting tenders with actual votes. 
 
 Limerick, ibid. 355. At the poll. 
 
 Waterfvrd (1834), B. & Aust. 616. Athlone, ibid. 660. In refusing legal 
 votes. 
 
 Drogheda (1869), 1 O'Mal. & Hard. 252. Roxburgh (1869), F. & F. 469. 
 Cork (1834), B. & Aust. 534. Eiots and intimidation. 
 
 Carnarvon (1869), P. & K. 106. Canterbury (1869), K. & O. 131. Cardigan 
 <1869),B. &Aust. 265. Illegal return. 
 
FORMS AND PRECEDENTS. 419 
 
 2nd Dungaroan (1834), K. & 0. 6. 2iid Montgomery (1834), P. & K. 462. 2nd 
 Newcasth-under-Lyme (1842), B. & Aust. 564. Sitting member distjualifled by 
 bribery at a former election. 
 
 Peiiryn and Falmouth (1834), K & 0. 440. Sudhury (1842), B. & Aust. 239. 
 Bribery and treating. 
 
 Wakefield (18421, B. & Aust. 295. Eeturn by person not returning officer. 
 Longford (1870), 2 O'Mal. & Hard. 6. Complaining that notice of election 
 was not given at the time required by the statute. 
 
 Oalway County (1872), 2 O'Mal. & Hard. 46. Petition alleging disqualifica- 
 tion of respondent, and notice thereof, and that votes given for him were 
 thrown away. 
 
 Harwich (1857), 1 P. E. & D. 314. Premature closing of the poU. 
 Canterbury (1834), K. & O. 131. Eeturning officer acting with partiality in 
 the conduct of the election, and making false return. 
 
 Bungarvan (1834), K. & O. 6. Member disqualified by bribery at a former 
 election. 
 
 Gloucester {1813), 2 0. & H. 59. Personation. 
 
 Norwich (1874), 2 0. & H. 38. Bribery and treating at previous election. 
 Harwich, ib. 77. Electors prevented from voting by misconduct of returning 
 officer. 
 
 Dudley, ib. 115. Rioting and adjournment of poll. 
 
 Bolton, ib. 138. Violation of provisions of secrecy in baUot, illegal payments. 
 Kidderminster, ib. 170. Payment in respect of corrupt practices. 
 Poole, ib. 123. Payments after the election in pursuance of corrupt offers and 
 agreements previously made. 
 
 Athlone, ib. 186. Ballot papers wrongly rejected by the returning officer: 
 returning officer a respondent. 
 
 Mayo, ib. 191. Nomination wrongly rejected by returning officer: returning 
 officer a respondent. 
 
 Warrington (1869), 1 0. & H. 42. Voters prevented from voting by confusion 
 at polling places, caused by defective arrangements and incompetence of returning 
 officer. 
 Launceaton, ib. 129. Voters bribed by being allowed to shoot rabbits. 
 Renfrew, ib. 213. Form of petition unsuccessfully objected to, but 
 petitioners ordered to pay costs of application. 
 
 Tipperary (1875), 3 0. & H. 19, 20. 1st petition, voting for disqualified 
 candidate with notice of disqualification ; 2nd petition, election of disqualified 
 •candidate: illegal conduct of returning officer in accepting nomination of 
 disqualified candidate. 
 
 Down (1880), 3 O. & H. 115. Undue influence, intimidation, and illegal 
 pa3Tnents. 
 
 Wmcester (1880), 3. 0. & H. 184. Polling places not kept open for time 
 required by law. 
 
 Berwick-on-Tweed (1880), ib. 178. Ballot papers erroneously rejected and 
 olaim to have votes of disqualified persons struck off. 
 
 Thornbury (1886), 4 O. & H. 65. Ballot papers improperly admitted and 
 rejected. 
 
 Norwich, ib. 84. Paj^ment of election expenses otherwise than by election 
 agent. 
 
 Smith Meath (1892), ib. 130. Improper exercise of spiritual influence and 
 intimidation. 
 
 Trench v. Nolan {Galway), (1872) 7 Ir. E. C. L. 445; Crewer v. Lowles 
 <1896), 1 Q. B. 504. 
 
 26. 
 Receipt for Petition to be given by Master (a). 
 Eeceived on the day of at the master's office a petition touching 
 
 the election of A.B., a member for purporting to be signed by {insert the 
 
 names of petitiotiers). 
 
 CD., 3Iaster's Cltrk. 
 
 (a) See Petition Eules, Rule 1, p. 422, sujjm. 
 
 E E 2 
 
420 APPENDIX VI. 
 
 27. 
 Becognisance (6). 
 
 Be it remembered tliat on the day of , in the year of our Lord 
 
 19 , before me [name and description^ came A.B., of [name and description as 
 above described'] and acknowledged himself [or severally acknowledged themselves] 
 to owe to our Sovereign Lady the Queen the sum of one thousand pounds [or 
 the follmving «Mms] (that is to say) the said CD., the sum of £ the said 
 
 B.F., the sum of £ the said G.H., the sum of £ and the said J.K., 
 
 the sum of £ to be levied on his [or their respective] goods and chattels, 
 
 lands and tenements, to the use of our said Sovereign Lady the Queen, her 
 heirs and successors. 
 
 The condition of this recognisance is that if [he9-e insert the names of all the 
 petitioners, and if more than one, add, or any of them] shall well and truly pay 
 all costs, charges and expenses in respect of the election petition signed by him 
 [or them], relating to the [here insert the name of the borough, or county] which 
 shall become payable by the said petitioner [or petitioners, or any of them] 
 under the Parliamentary Elections Act, 1868, to any person or persons, then 
 this recognisance to be void, otherwise to stand in full force. 
 
 Signed, 
 
 [Signature of sureties.'^ 
 
 Taken and acknowledged by the above-named [names of sureties] on the 
 
 day of at , before me, jia<i ' 
 
 CD., ] 
 A justice of the peace [or as the case may be]. 
 
 28(c). 
 
 Affidavit of sufficiency. 
 
 In the High Court of Justice. 
 King's Bench Division. 
 
 Parliamentary Elections Act, 1868. 
 
 I, A.B. of [as in recognisance], make oath and say that I am seised or 
 possessed of real [or personal] estate above what will satisfy my debts of the 
 clear value of £ 
 
 Sworn, &c 
 
 29. 
 
 Notice of trial [fJ). 
 
 Parliamentary Elections Act, 1868. 
 
 Election petition of county [or borough] of 
 
 Take notice that the above petition [or petitions] will be tried at on 
 
 the day of and on such other subsequent days as may be needful. 
 
 Dated the day of 
 
 Signed, By order, 
 
 A.B., 
 The master appointed under the above Act. 
 
 30 (e). 
 Judge's order to compel attendance of witness. 
 
 The order of a judge to compel the attendance of a person as a witness may 
 be in the following form : — 
 
 Cjurt for the trial of an election petition for [complete the title of the court] 
 the day of To A.B. [describe the person] You are hereby required 
 
 (V\ See p. 193, supra. (d) Ibid. Rule 33. 
 
 (o) See Petition Rules, Rule 28, in (c) Ibid. Rule 41. 
 
 Appendix III., stij/ra. 
 
FORMS ANB PRECEDENTS. 421 
 
 to attend before the above com-t at [ place] on the day of at the horn- 
 
 of [or forthwith, as the case may ie] to be examined as a witness in the matter 
 of the said petition, and to attend the said court until your examination shall 
 have been completed. 
 
 As witness my hand, 
 Judge of the said court, 
 
 31. 
 
 Warrant for committal for contempt {f). 
 
 At a court holden at on for the trial of an election petition for 
 
 the county [or borough] of before two of the judges for the 
 
 time being for the trial of election petitions in England, pursuant to the Parlia- 
 mentary Elections Act, 1868. 
 
 Whereas A.B. has this day been guilty, and is by the said court adjudged to 
 b 1 guilty, of a contempt thereof, the said court does therefore sentence the said 
 A.B. for his said contempt to be imprisoned in the gaol for calendar 
 
 months, and to pay to our Lord the King a fine of £ , and to be further 
 
 imprisoned in the said gaol until the said fine be paid ; and the court further 
 orders that the sheriff of the said county [or as the case may be'], and all 
 constables and officers of the peace of any county or place where the said A.B. 
 may be found, shall take the said A.B. into custody, and convey him to the said 
 gaol, and there deliver him into the custody of the gaoler thereof, to undergo 
 his said sentence ; and the court further orders the said gaoler to receive the 
 said A.B. into his custody, and that he shall be detained in the said gaol in 
 pursuance of the said sentence. 
 
 W.G. 
 
 Signed the day of 
 
 O.D. 
 
 32. 
 
 Notice of application for leace to withdraw (</}. 
 
 Parliamentary Elections Act, 1868. 
 
 County [or borough] of 
 
 Petition of [state petitioners], presented day of 
 
 The petitioner proposes to apply to withdraw his petition upon the following 
 ground [here state the ground], and prays that a day may be appointed for 
 hearing his application. Dated this day of 
 
 (Signed) 
 
 33. 
 
 Notice of having lodged such notice (h). 
 Notice is hereby given that the above petitioner has on the day of 
 
 lodged at the master's office, notice of an application to withdraw the petition, 
 of which notice the following is a copy — (set it out.) 
 
 And take notice that, by the rule made by the judges, any person who might 
 have been a petitioner in respect of the said election may, wi&in five days after 
 publication by the retiu?ning officer of this notice, give notice in writing of his 
 intention on the hearing to apply for leave to be substituted as a petitioner. 
 
 (Signed) 
 
 34. 
 
 Particulars of Bribery. 
 
 In the High Court of Justice. 
 
 King's Bench Division. 
 In the matter of the petition of A.B., complaining of the election and return 
 of CD., Esquire, for the county of 
 
 (/) See Petition Rules, Eule 42, in supra. 
 Appendix III., supra. (/() Hid. Kule 47. 
 
 (j) Ibid, Rule 45, and see pp. 194, 195, 
 
422 APPENDIX VI. 
 
 Particulars of Bribery delivered pvrmant to the order of 
 
 Name of Voter Bribed. 
 
 Persons guilty of Bribery in respect of such Voter within the meaning 
 
 of the Corrupt Practices Prevention Act. 
 
 N,B. — The Residence of the persons referred to is unless 
 
 otherwise mentioned. 
 
 Black, John 
 
 Hart, Charles 
 Jones, Joseph 
 
 Kobinson, George 
 
 The above-named respondent and Alfred Price, Arthur 
 Burt, Thomas Brown and John Clark. 
 
 The persons last aforesaid and James Green. 
 
 The said respondent, George Grace, William Jones, James 
 Clark and others unknown. 
 
 Alfred Rice, James Clark, John White, whose name and 
 address are at present unknown, or some or one of them, 
 and others unknown. 
 
 To Mr. 
 
 Agent [or solicitor] for the 
 respondent, CD. 
 Dated this day of 1906. 
 
 Tours, &c., 
 
 [namel. 
 Agent [or solicitor] for the 
 petitioner, A.B 
 
 35 
 
 Particulars of Treating. 
 
 In the High Court of Justice. 
 
 King's Bench Division. 
 In the matter of the petition of A.B., complaining of the election and return 
 of CD., Esquire, for the county of 
 
 Particulars of Treating delircred pursuant to the order of 
 
 Name of Voter. 
 
 Smith, Geerge 
 
 Jones, John . 
 
 Person or Persons guilty of Treating: in respect 
 of such Voter within the meaning of the 
 Corrupt Practices Prevention Act. 
 
 N.B. — The residence of the persons re- 
 ferred to is unless otherwise men- 
 tioned. 
 
 The above-named respondent and 
 [other persons referred to as in la-tt 
 form]. 
 
 The said respondent and [other persons 
 as al)ore]. 
 
 Place of 
 Treating. 
 
 The 
 
 " Golden 
 
 Fleece." 
 
 The 
 " Goat 
 and Com- 
 passes." 
 
 Time of 
 Treating. 
 
 Between 1st 
 and 8th of 
 Januarj', 
 IHOC. 
 
 To Ml-. 
 Agent [or solicitor] for the 
 respondent, CD. 
 Dated this day of 1906. 
 
 Tours, &c., 
 
 [name']. 
 Agent [jrr solicitor] for the- 
 petitioner, A.B. 
 
FORMS AND PRECEDENTS. 
 
 423 
 
 36. 
 
 Particulars of Undue Influence. 
 
 In the High Court of Justice. 
 
 King's Bench Division. 
 In the matter of the petition of A.B., complaining of the election and return 
 of CD., Esquire, for the county of 
 
 Particulars of Undue Influence delivered, 2)Ui:ma7U to tlie order of 
 
 Name of Voter. 
 
 Person or Persons guilty of Undue Influence iu respect of such Voter 
 
 within the meaning of the Corrupt Practices Prevention Act. 
 
 N.B. — The residence of the persons referred to is unless 
 
 otherwise mentioned. 
 
 Brown, John 
 
 Kobinson, James . 
 Smith, Arthur 
 
 The above-named respondent and \i.nseH here the names of 
 persons charged with unduly influe/ioing]. 
 
 The persons above mentioned. 
 
 The said respondent and [otlier lyersons as ahore]. 
 
 To Mr. 
 
 Agent [or solicitor] for the 
 respondent, CD. 
 Dated this day of 1906. 
 
 Tours, &c., 
 
 [iiame'] 
 Agent [or solicitor] for the 
 petitioner, A.B. 
 
 37. 
 
 Necessary Affidavit for Withdraioal of PeMion{i). 
 
 In the High Court of Justice. 
 
 King's Bench Division. 
 
 Parliamentary Elections Act, 1868. 
 
 Election Petition for 
 
 Petitioner. 
 Bespondent. 
 Affidavit of 
 I of , in the county of , the above-named respondent make 
 
 oath and say as follows : — 
 
 That to the best of my knowledge, information and belief the withdrawal of, 
 or application to withdraw, this petition, is not the result of any corrupt 
 arrangement, or in consideration of the withdrawal of or application to with- 
 draw, any other petition. 
 
 38. 
 Special Case. 
 
 In Sritt V. Rohinson [Bristol) [h), Bramwell, B., stated a casein the following 
 form : — 
 
 "At the last Parliamentary election for the City of B., E. was returned. A 
 petition against his return was duly presented, and tried before me on the 23d, 
 
 (i) See Corrupt Practices Act, 1883, 
 s. 41 ; p. 324, supra. 
 
 (Ji) (1870), L. K. 5 C. P. 503 ; 2 0. & H. 
 29. For other forms of special cases see 
 trench v. AMan (1872), Ir. Rep. 6 Com. 
 Law, 464 ; Tipperary (1875), 3 0. & H. 
 
 41 ; Athlone (1874), 2 0. & H. 189 ; Mayo, 
 ib. 193 ; Proffheda, ih. 203 ; Pavisy.Lord 
 A'ensington (1873), L. E. 9 C. P. 720 ; 
 Stowe V JulUfle (1874), L. E. 9 C. P. 734 ; 
 llalcolm v. Parry, ib. 610. 
 
424 
 
 APPENDIX VI. 
 
 and four following days, of May. I have thouglit it right to reserve, for the 
 opinion of the Court of Common Pleas, a question which arises as follows." 
 {Here the point ivas stated.) 
 "The parties have agreed to my stating this case as a way of reserving the 
 question ; but if necessary, I must further report to the court as the court may 
 require. 
 
 "(Signed) G.B." 
 
 39. 
 
 Lists of objections to votes ore Scrutiny. 
 
 In the High Court of Justice, 
 
 King's Bench Division. 
 
 Parliamentary Elections Act, 186S. 
 
 County of 
 In the matter of the petition by A.B. petitioner, 
 
 and 
 CD., respondent. 
 The following is the list of voters who voted for CD. at the last election for 
 the county of and whose votes are intended to be oDJected to by and on 
 
 behalf of the petitioner, with the grounds of objection set out against the 
 names of such voters. 
 
 Class 1. 
 
 Number on 
 Register 
 
 Name of Voter. 
 Surname tirst. 
 
 Objection. 
 
 101 
 53 
 98 
 
 731 
 
 558 
 
 George Brown 
 Arthur Smith 
 Alfred Robinson 
 Thomas Green 
 Henry Wood , 
 
 The votes of each of these voters will be objected to 
 on the ground that before the said last election for 
 the county of such vot«r was guilty of bribery 
 within the meaning of sect. 2 of the Corrupt 
 Practices Prevention Act, 18.54 (Q. 
 
 Class 2. 
 
 Number on 
 Register. 
 
 Objection. 
 
 The vote of each of these voters will be objected to on 
 the ground that he was guilty of treating at the said 
 election in order to induce voters to vote at the said 
 election for the said respondent. 
 
 (J) If the votes of a number of electors 
 are objected to on the same ground, they 
 can be bracketed together and one objec- 
 
 tion specified as above. 
 B. & A. 108. 
 
 Weymouth (1!S42), 
 
FORMS AND PRECEDENTS. 
 Class 3. 
 
 425 
 
 Number on 
 Register. 
 
 Name of the Voter. 
 
 Objection. 
 
 
 
 The votes of each of these voters will be objected to, 
 on the ground that he unduly influenced certain 
 voters to vote at the said election for the said respon- 
 dent, or to refrain from voting for the said petitioner. 
 
 Class i. 
 
 Number on 
 Register. 
 
 Name of the Voter. 
 
 Objection. 
 
 
 * 
 
 The votes of each of these voters will be objected to 
 on the ground that he was unduly influenced to vote 
 at the said last election for the said respondent, or 
 to refrain from voting for the said petitioner. 
 
 Class .5. 
 
 Objection. 
 
 The votes purporting to be the votes of each of these 
 voters will be objected to, upon the ground that such 
 voters did not actually and pereonally vote at the 
 said election, but were dead, absent, or otherwise 
 incapable of voting at the time of such election, and 
 that such voters were, each of them, illegally per- 
 sonated by some other person who falsely assumed 
 to vote, and did vote, in the name of such voter for 
 the respondent. 
 
 Class 6. 
 
 Number on 
 Register. 
 
 Name of tlie Voter. 
 
 Objection. 
 
 The votes of each of these voters will be objected to 
 on the ground that at the time of the last election 
 such votCT was so intoxicated as to be mm cvmpos 
 mentis, and therefore incapable of voting at the said 
 election. 
 
 Number of Ballot-paper. 
 
 Class 7. 
 
 Objection. 
 
 These ballot-papers wiU be objected to on the 
 ground that they aie not marked with the official 
 mark. 
 
426 
 
 APPENDIX VI. 
 
 Class 8. 
 
 Number of Ballot-papar. 
 
 Objection. 
 
 These ballot-papers will be objected to on the 
 ground that they are unmarked or void from 
 uncertainty. 
 
 Class 9. 
 
 Number of Ballot-paper 
 
 Objection. 
 
 These ballot-papers will be objected to on the grounds 
 that they are written or marked in such a way that 
 theivoter can be identified. 
 
 , Class 10. 
 
 Number on 
 Register. 
 
 Name of the Voter. 
 
 Objection, 
 
 The petitioner will claim to strike off from the votes 
 given to the respondent one vote in respect of the 
 vote of each of these persons on the ground that the 
 respondent, a candidate at the said election, was by 
 himself or his agent guilty at the said election of 
 bribery in respect of them within the meaning of 
 sect. 25 of the BaUot Act, 1872. 
 
 Class 11. 
 
 Number on 
 Register. 
 
 Name of the Voter. 
 
 Objection. 
 
 
 
 The petitioner will claim to add the votes of each of 
 these voters on the ground that such voter tendered 
 his vote at the said last election and had a valid 
 right and title to vote thereat. 
 
 To Mr. 
 
 Agent for the respondent 
 [or petitioner], CD. 
 Dated this day of 
 
 1906. 
 
 Tours, &c., 
 
 Agents for the petitioner 
 [or respondent], A.B. 
 
FORMS AND PRECEDENTS. 427 
 
 40. 
 Notice to Produce. 
 Parliamentary Elections Act, 1868. 
 
 In the matter of a petition of A.B., complaining of the election and return [or 
 as the case may 6e] of CD., Esqtiire, for the county [or as the case may he] of 
 
 Take notice that the petitioner [or respondent] hereby requires you to produce 
 and show to the court on the trial of this petition all books, papers, letters, 
 copies of letters, and all writings, and other documents in your custody, 
 possession or power, containing any entry, memorandum or minute relating to 
 the matters in question in the said petition, and particularly the documents in 
 the schedule hereunder written. 
 
 Schedule above referred to. 
 
 Description of Docnnieiit. 
 
 Dated this day of , l»0(i. 
 
 Yours, &c., 
 Agent [or solicitor] to the petitioner 
 To [or respondent]. 
 
 Agent [or solicitor] for the respondent [or petitioner]. 
 And to CJ). or A.B., 
 The above-named respondent [ar petitioner]. 
 
 41. 
 
 Application for Taxation of Charges of Returning Officer. 
 
 In the County Court of , holden at 
 
 In the matter of the Parliamentary Elections (Returning Officers) Act, 187o 
 [as applied by sub-section 19 of section 75 of the Local Government Act, 1888 
 (»)• as tlie case may Je)] ; and 
 
 In the matter of an election of a member to serve in Parliament for the 
 division of the county of [or as the case nuay he~\. 
 
 Application is hereby made to the Court on behalf of [« person or the authority 
 from whom payment is claimed^ to tax the account of , the returning officer 
 
 at the above-mentioned election, of the charges claimed by him in respect of 
 such election, and to fix a place and time for such taxation, the applicant [or 
 applicants] hereby submitting to pay to the said [returning officer] what 
 
 shall be found to be due to him on the taxation of his said account. 
 Dated this day of 
 
 Applicant, 
 or Clerk to the Applicants, 
 or Solicitor for the Applicants, 
 [or Applicant]. 
 To the Registrar of the Court. 
 
428 APPENDIX VI. 
 
 42. 
 
 Notice of Place and Time fixed for Taxaiion. 
 
 \_Heading as in Form 41]. 
 
 Application haying been made to the Court on behalf of to tax the 
 
 account of , the returning officer at the above-mentioned election, of the 
 
 charges claimed by him in respect of such election, and to fix a place and time 
 for such taxation : 
 
 Take notice, that the Court ■will proceed with such taxation at \_place] 
 on the day of at the hour of in the noon : 
 
 And you the said [ajijplicant], and you the said [returning officer'] are hereby 
 respectively required to attend before the Court at the place and time above 
 mentioned, and to produce before the Court on oath all books, papers, and 
 ■writings in your respective custody or po-wer relating to the above-mentioned 
 matter, and to be examined touching the said matter as the Court shall direct. 
 
 And further take notice, that if you or either of you do not attend, either in 
 person or by your solicitor, at the place and time above mentioned, such order 
 ■will be made and such proceedings taken as to the Court shall seem just. 
 
 Dated this day of . 
 
 To \tlie AppJicanf] Registrar, 
 
 and to 
 
 [Returning Officer], 
 
 43. 
 
 Order oh Taxation. 
 
 [Heading as in Form 41. J 
 
 It is this day adjudged and detei-mined on the taxation of the account of the 
 charges claimed by , the returning officer at the above-mentioned election, 
 
 in respect of such election, that the amount payable to the said in respect 
 
 of such charges is the sum of £ : 
 
 And it is adjudged that the said do recover the said sum of £ [or 
 
 the sum of £ , being one part of the said sum of £ ] against 
 
 [the applicant]. 
 
 And it is further adjudged that the said [returning officer] do recover against 
 the said [applicant] the sum of £ for his costs of such taxation : 
 
 [Or that the said [applicant] do recover against the said [returning offiA:er] the 
 sum of £ for his costs of such taxation] : 
 
 And it is ordered that the Court fees amounting to £ , payable in 
 
 respect of this application be paid by [state by whom and in what proportion] : 
 
 And it is ordered that the said [returning officer] be at Kberty to retain the sum 
 of £ deposited ■with him by the said [applicant] as security for his charges 
 
 in respect of the said election [or advanced to him by the said [applicant] on 
 account of his charges in respect of the said election] in part payment of the 
 said sums of £ and £ , making together the sum of £ , ■which 
 
 the said [returning offi^ier] is entitled to recover against the said [applicant], and 
 that the said [applicant] do on or before the day of pay the sum of 
 
 £ , being the balance of the said sum of £ , to the registrar of this 
 
 Court for the use of the said [returning officer] . 
 
 [If no deposit made or no sum advanced, order payment by applicant of the 
 tohole sum recoverable for charges and costs ; if deposit or advance more than 
 sufficient for payment of charges and costs, order payment of balance by returning 
 officer to registrar for use of appjlicant.] 
 
 [Or, And it is ordered that the said! sum of £ for costs to be recovered 
 
 by the said [applicant] against the said [returning offi^-er] be set off against the 
 said sum of £ to be recovered by the said [returning officer] against the 
 
 said [ajiplicant] , and that the said [returning officer] be at liberty to retain the 
 sum of £ , being the balance of the said sum of £ after allowing the 
 
 said set-off, out of the sum of £ deposited with him by the said [applicant] 
 
 as secmity for his charges in respect of the said election [or advanced to him by 
 
FORMS AND PRECEDENTS. 429 
 
 the sedd [applicant] on account of his , charges in respect of the said election] 
 and that the said [returmng officer] do on or before the day of r,iv 
 
 ™!,-!Ji.?.ff i- n 'if ''^i^^ bafance of the said deposit [or advance] . to the 
 registrar of this Court for the use of the applicant] . 
 
 [// no deposit or advance made, or deposit or advance insufficient, order payment 
 hy applicant to registrar of sum or balance due to returning officer. If costs pau- 
 able by returmng officer exceed charges payable to him, order paxjment of balance 
 alicantT' "' '"' "^ *^ returning officer to registrar for use of 
 
 Given under the seal of the Court this day of 
 
 By the Court, 
 
 To [the Applicant] Registrar, 
 
 and to 
 
 [Returning Officer]. 
 
 44. 
 
 Application for Examination of Claim transmitted to Returning Officer. 
 [Heading as in Form 41]. 
 
 Application is hereby made to the Court on behalf of , the returning 
 
 officer at the above-mentioned election, to examine a claim for transmitted 
 
 to him by A. B., of , pursuant to section 5 of the Parliamentary Elections 
 
 (Returning Officers) Act, 1875 [as applied by sub-section 19 of section 75 of the 
 Local Government Act, 1888 (or as the case may be)], and to fix a place and time 
 for such examination, the applicant hereby submitting to pay to the said 
 A.B. what shall be found to be due to him on such examination. 
 
 Dated this day of , 
 
 Returning Officer. 
 To the Registrar of the Court. 
 
 45. 
 
 Notice of Place and Time fixed for Examination of Claim. 
 
 [Heading as in i^orm 41.] 
 
 Application having been made to the Court on behalf of , the returning 
 
 officer at the above-mentioned election, to examine a claim or transmitted 
 
 to him by A.B., of , pursuant to section 5 of the Parliamentary 
 
 Elections (Returning Officers) Act, 1875 [as applied by sub-section 19 of 
 section 75 of the Local Government Act, 1888 {or as the case may be)], and to fix 
 a place and time for such examination : 
 
 Take notice, that the Court will proceed with such examination at [ place] 
 on the day of at the hour of in the noon : 
 
 And you the said [returning officer], and you the said A.B. , are hereby 
 
 respectively required to attend before the Court at the place and time above 
 mentioned, and to produce before the Court on oath all books, papers, and 
 writings in your respective custody or power relating to the above-mentioned 
 matter, and to be examined touching the said matter as the Court shall direct. 
 
 And further take notice, that if you or either of you do not attend, either in 
 person or by your solicitor, at the place and time above mentioned, such order 
 will be made and such proceedings taken as to the Court shall seem just. 
 
 Dated this day of 
 
 Registrar. 
 
 To [the Returning Officer] 
 and to 
 
 [the person transmitting the claim]. 
 
430 
 
 APPENDIX VI. 
 
 46. 
 
 Order on Examination of Claim. 
 [Heading as in Form 41.] 
 
 It is this day adjudged and determined on the examination of a claim 
 for transmitted by A.B. , of , to , the returning officer 
 
 at the above-mentioned election, pursuant to section 5 of the Parliamentary 
 Elections (Eeturning Officers) Act, 1875 [as applied by sub-section 19 of 
 section 75 of the Local Government Act, 1888 {or as the case may he)], that 
 the said A.B. is entitled to recover the sum of against the said {returniiig 
 
 ■officer'] in respect of the said claim : [or that the said A.B. is not entitled to 
 recover anything against the said [returning officer] in respect of the said claim]. 
 
 [Order as to costs, set-off, and payment of balance due from either party to the 
 registrar for the use of the other party.] 
 
 Given under the seal of the Court this day of 
 
 the Registrar. 
 
 To [Beturning Officer] 
 
 and to 
 [the person transmitting the claim]. 
 
 47. 
 
 Certificate under Eeturning Officers Act, 1875, s. 1. 
 [Title as in Form 41.] 
 
 I, judge of the above-mentioned Court [or I , registrar of the 
 
 above-mentioned Court, having been deputed by the judge of the said Court to 
 exercise the powers of the Court under the above-mentioned Act,] do hereby, 
 pursuant to section 1 of the Parliamentary Elections (Eeturning Officers) Act, 
 1875, Amendment Act, 1886, certify that I have, on the application of , 
 
 taxed the account of , the returning officer at the above-mentioned 
 
 election, of the charges claimed by him in respect of such election, and have 
 allowed the same at the sum of £ [or that I have, on the application 
 
 of , the returning officer at the above-mentioned election, examined the 
 
 claim transmitted to him by for work [or labour, materials, services, or 
 
 expenses] in respect of the contract made with the said by the said 
 
 [returning officer] for the purpose of the said election, and have allowed such 
 claim at the sum of j£ ], and that the particulars of the items and amounts 
 
 claimed, and of the items and amounts allowed or disallowed, are set forth in 
 the schedule hereunto annexed. 
 
 Dated this day of 19 . 
 
 Judge [or Eegistrar]. 
 
 SCHEDULE. 
 
 No. of 
 Item. 
 
 Particulars. 
 
 Details of Items. 
 
 Amounts 
 Claimed. 
 
 Amounts 
 AUowtjd. 
 
 Amounts 
 Disallowed. 
 
INDEX OF CONTENTS. 
 
 ABATEMENT OF PETITION, 196. 
 
 ABDUCTION, 
 
 When undue influence, 121, 132. 
 
 ACCOUNTS, 
 
 Of election agent, 136-139. 
 
 ACT, 
 
 Agent's. See Agent, 70. 
 Ballot, objects of, 35, 42, 69. 
 
 ACTS OF PARLIAMENT. <See Appendix II. 
 
 ADDRESSES AND NOTICES, 145, 154, 174, 175. 
 
 ADJOURNMENT OF POLL, 32. 
 
 AGENCY, 
 
 Doctrine of, 71. 
 
 in election law, 72. 
 
 extends further than at common law, 75. 
 Ratification of, 74, 88. 
 
 by candidate, 74. 
 How established, 77. 
 Inferred from circumstances, 78. 
 Degrees of, 78. 
 Extent of, 79. 
 What constitutes, 80. 
 
 law of in elections, akin to law of master and servant, 81. 
 Limits of, 
 
 beginning, 39. 
 ending, 90. 
 AGENT, 
 
 Election, 33, 54-57, 136, 155. 
 
 See Election Agent. 
 Unpaid, 
 
 to watch counting of votes, 33. 
 how appointed, 34. 
 Paid, 
 
 by candidate, 53. 
 who may be, 53. 
 may not vote, 53, 56. 
 how, 55. 
 Sub-agent, 57-59. 
 
 appointment of, 57. 
 powers of, 58. 
 must have oifice, 58. 
 Polling, 
 
 candidate may pay, 53. 
 
 appointment of, 59. 
 
 formerly called " personation agent," 59. 
 
 ( 1) 
 
INDEX OF CONTENTS- 
 AGENT — contimied. 
 Polling — continued . 
 duties of, 59. 
 misconduct of, 60. 
 Limited, 79. 
 Joint, 88. 
 Acts of, 
 
 may avoid election, 70 
 candidate liable for, 71. 
 evidence of, 76-80. 
 intention material, 77. 
 beyond authority, 79, 83, 88. 
 contrary to authority, 74, 93. 
 in violation of request, 75. 
 traitorous, 88. 
 joint, 88. 
 Authority of, 
 
 inferred from, 
 
 canvassing, 81. 
 membership, 
 
 of committee, 83, 
 of club, 83. 
 circulars, 84. 
 
 ALIEN, 
 
 unless naturalized, cannot be a candidate or vote, 1, 46 
 
 AMENDMENT OF PETITION, 207. 
 
 APPEAL, 
 
 As to refusal to amend petition, 307. 
 
 As to refusal to take petition off fil 807. 
 
 As to interlocutoiy order, 307. 
 
 APPEALS, 220. 
 
 APPOINTMENT 
 
 of election agent, sub-agent, etc. See under separate headings, Election 
 Agent, Sub-Agent, etc, 
 
 AKREST, 31, 32. 
 
 ASSOCIATION, 
 
 Conservative, 84, 86, 87. 
 Home Rule, 87. 
 Liberal Unionist, 115, 150. 
 Licensed Victuallers', 
 
 payments by, 152. 
 
 position of, 85, 87, 166. 
 
 illegal practice by, 166. 
 Oddfellows, 117. 
 Primrose League, 115. 
 
 teas and suppers, 115. 
 Radical, 149. 
 Temperance, 86. 
 Treating at, 114. 
 Not objectionable jj;er se, 114. 
 Dangers of, 116. 
 Object of, material, 117. 
 PoUtical, 117. 
 
 ( 2 ) 
 
INDEX OF CONTENTS. 
 
 ASSOCIATION— P()«/;««.(v7. 
 Non-political, 117. 
 
 treating at, 117. 
 Expenses of, 
 
 may be election expenses, 152, 159. 
 
 candidate may be responsible for, 152. 
 Subsidy to, 15. 
 
 APPEAL, 
 
 From summary conviction, 329. 
 
 ATTEMPT. See Beibeky, 90, 91. 
 
 BALLOT, 
 
 Accessories provided by returning officer, 
 
 box, 23. 
 
 papers, 23. 
 
 stamping instruments, 27. 
 
 copy of register, 27. 
 Act, purpose of, 35, 42, 69. 
 Box, returning officer must provide, 23, 
 
 must empty before poll, 28. 
 must seal before and after poll, 28, 32. 
 Paper, 
 
 fac similes of valid and invalid, 394-399. 
 
 provided by returning officer, 23. 
 
 contents of, 26. 
 
 how marlied, 23. 
 
 how to be fiUed up, 23, 29. 
 
 delivery to voter, 29. 
 
 spoiled, 24, 28, 29. 
 
 void, 35, 
 
 when marlied by returning officer, 30. 
 
 when to be rejected, 35-43, 
 
 destroyed after one year. See Ballot Act, 1872, Sched. 1, r. 39. 
 
 BALLOT ACT, 
 
 Abstract of provisions of, 379, 
 
 BALLOT PAPEE ACCOUNT, 43, 44. 
 
 BANDS OF MUSIC, 
 
 Payment for when illegal, 165, 170. 
 
 BANKRUPTCY 
 
 Of candidate disqualifies,!. 
 
 except in Ireland, 1. 
 Of voter does not disqualify, 48. 
 Of member, 
 
 efEect of, 6, 8. 
 
 proceedings on, 7, 8, 9. 
 
 BANNBKS, 165, 168, 169. 
 
 BILLS, 145, 154, 174, 175. 
 
 BLIND PERSON, 
 How he votes, 30. 
 
 BOOTH, 25. 
 
 L.E. ( 3 ) 
 
 F F 
 
INDEX OF CONTENTS. 
 
 BKIBERY, 90-106. 
 Definition, 90. 
 At Common Law, 90. 
 
 a criminal ofEence, 91. 
 general, 92. 
 
 unsuccessful, 93. 
 wagers, 93. 
 particular, 93. 
 Statutory, 94. 
 money, 94. 
 goods, 95. 
 promises, 9.5. 
 ofiers, 96. 
 Acceptance of bribe, 91. 
 A corrupt act, 97. 
 Charity 
 
 not bribery, 97. 
 motive material, 98. 
 colourable, 98. 
 tickets, 99. 
 examples, 101. ^ 
 
 Hiring voters, 101. 
 Offer 
 
 of place, 101. 
 of employment, 101. 
 as messenger, 102. 
 for nominal services, 102. 
 as paid watcher, 103. 
 as unpaid volunteer, 104. 
 Leave of absence 
 
 at Common Law, 103. 
 by statute, 103. 
 Agreement to procure, may be, 105. . 
 Providing funds for, is, 106. 
 Payment 
 
 on behalf of voter, 
 of rates, 104. 
 of fees, 104. 
 to voters or others, 
 
 as gift or loan, 104. 
 as inducement, 105. 
 
 to secure return, 105, 
 to personate, 105. 
 to procure votes, 105. 
 for joint candidature is not bribery, 105. 
 to the use of another to provide funds for, 106. 
 
 CANDIDATE, 
 
 Who may be, l-(i. 
 Who may not be, 1. 
 peers, 1, lii. 
 clergymen, 1, 16. 
 Government officials, 2, 3. 
 
 I exceptions by statute, 2, 3. 
 persons under disabilities, 
 women, 1. 
 infants, 1 . 
 
 ( 4 ) 
 
INDEX OF CONTENTS. 
 
 CANDIDATE— ^»;i^ft«(.,7. 
 
 Who may not ha—continved. 
 
 persons under disabilities — continued. 
 lunatics, 1. 
 idiots, 1. 
 deaf mutes, 1, 
 bankrupts, 1. 
 aliens, 1, 4. 
 convicts, 1, 2, 4-6. 
 holders of offices and places, 1, 2, 3. 
 pensioners, 3. 
 commissioners, 3. 
 judges, 3, 4. 
 sheriffs, I. 
 town clerics, 4. 
 recorders, 4. 
 • legal officials, 4. 
 Nomination of, 18-22. 
 requisites for, 18. 
 in uncontested election, 18. 
 in universities, 19. 
 Death of, 22. 
 Description of, 20. 
 Withdrawal of, 22. 
 
 false statement as to, 140, 154. 
 May appoint unpaid agents, 33, 53. 
 
 to watch count, 33, 34. 
 Must appoint election agent, .54. 
 Hesponsible 
 
 for all acts of agent, 71, 72, 73. 
 for canvassei's, 81. 
 His committee, 83. 
 Coalescing, 87, 105. 
 Joint, 105. 
 
 Should avoid political associations which entertain. 11(1. 
 Expenses of. See Expenses. 
 lawful, 145. 
 personal, 137. 
 
 over £100.. .138. 
 election agent 
 must pay, 55. 
 must return, 13(j. 
 Meaning of word, 145. 
 Guilty, 5, 6, 178. 
 
 relief of. See Belief, 
 
 CANVASSER 
 
 Is generally but not necessarily agent, 7(j, 81. 
 What, 81. 
 Volunteer, 82. 
 
 CASE. See Special Case. 
 
 CASTING VOTE, 52. 
 
 CERTIFICATE, 
 
 And Report of Court, 219-221. 
 Of indemnity to witness, 215. 
 
 ( 5 ) F F ^ 
 
INDEX OF CONTENTS. 
 
 CHAEITV, 07. 
 
 When corrupt, 98. 
 When harmless, 99. 
 When colourable, 99. 
 
 CLAIMS, 
 
 Return of, by election agent, 138. 
 By creditor without notice, 153. 
 
 CLERGY, 
 
 Disqualification of as candidates, 1. 
 May canvass, 121, 125. 
 Influence of, 
 
 undue, 121, 131. 
 
 proper, 121, 125. 
 
 CLERK 
 
 Appointed by election agent, 138. 
 
 CLUB. Spc also ASSOCIATION. 
 Members of may be agents, 83. 
 Treating at, 114. 
 
 COALESCENCE, or COALITION, 
 Of candidates, 87. 
 
 COCKADES, 
 
 Payment for when Illegal, 165-168. 
 
 COMMISSION, 
 
 to examine witnesses, when issued, 208. 
 
 COMMISSIONERS, ELECTION, 221. 
 
 COMMITTEE, 
 Candidate's, 
 
 members of, are agents, 83. 
 Rooms, 60. 
 
 defined, 333. 
 number of, 61. 
 places prohibited as, 62. 
 in public-houses, 101. 
 
 CONSTABLE, 
 
 On duty may be present at polling station, 28. 
 When, may vote except in Ireland, 48, 52, 352. 
 
 CONVEYANCE OF VOTERS, 
 To the poll, 177. 
 •By sea, 46, 53, 128. 
 
 CONVICTION, (il-62, 188-190, 321. 
 
 CORRUPT ACT, 97. 
 Motive of, '.IS. 
 
 " CORRUPTLY," 
 
 Meaning of, 96, 97, 108. 
 may vary, 100. 
 
 with circumstimces, 101. 
 
 ( 6 ) 
 
INDEX OF CONTENTS. 
 
 COERUPT PKACTICE, 
 
 Conviction for, disqualifies 
 candidate, 4—6. 
 elector, 47. 
 Certificate of indemnity for, ti. 
 Distinction from illegal, 70. 
 
 And xpc Illegal Peaci'ice. 
 Of agent, 71. 
 
 evidence of, 74, 76, 77. 
 intention of candidate material, 77, 96. 
 payment, 78. 
 Example of, 84. 
 Motive for, 9(i. 
 What, 90-130. 
 See Beibeby, 90. 
 Treating, 106. 
 Undue Influence, 121. 
 Personation, 134. 
 False Declaration, 136. 
 Kelief from, 178. 
 Punishment for, 188-189. 
 
 COSTS, 197-201. 
 See Petition. 
 
 COUNTERFOILS, 
 Inspection of, 208. 
 
 COUNTING OF AZOTES, 3.3-4:^ 
 
 CREDITOR, 
 
 Claims by, ir)3. 
 
 DEAF MUTE, 
 Cannot be a candidate, 1. 
 
 DEATH, 
 
 Of petitioner or respondent, 197. 
 Of candidate pending election, 22, 
 
 DEPUTY-AGENT. See Sub-Agent. 
 
 DEPUTY RETURNING OFFICER, 
 Who may be, 10. 
 
 DISORDERLY PERSONS, 32. 
 
 DISQUALIFICATION, 
 Of candidate, 1. 
 
 notice of, in constituency, 213. 
 Of voter, 46. 
 
 DOUBLE RETURN, 192. 
 
 DRUNKENNESS, 
 
 When it disqualifies voter, 46. 
 
 ( 7 ) 
 
INDEX OF CONTENl'S. 
 
 ELECTION, 
 General, (i. 
 
 writs for, 7, 
 Particular, (J. 
 
 during session,! 7, 
 during recess, 7. 
 Notice of, 
 
 to be given by returning oificer, 16. 
 time and place for, 16. 
 
 fixed by returning oiBcer, 16. 
 in counties, 17. 
 in boroughs, 17. 
 in universities, 17. 
 Uncontested, 18. 
 
 Contested proceedings after nomination, IS. 
 Officers at, 28. 
 Freedom of, 10, 63, Gr,, 75. 
 
 how secured, 10. 
 Irregularities at, 66, 67. 
 Expenses of. See Election Expenses. 
 lawful, 145. 
 candidate's, 54, 136. 
 when election expenses, 157. 
 a question of fact, 159. 
 for the judge, 160. 
 Beginning of, 159. 
 
 from candidature, 159. 
 no statutory rule, 159. 
 earliest point, 160. 
 Void, 61-90. 
 
 for acts not of candidate, 
 
 for general corruption, 62. 
 
 as not free, 63, 92. 
 for irregularity, 6i. 
 for illegality, 65. 
 for acts of candidate, 69. 
 
 through his agents, 69-90. 
 See Agency ; Agent ; Association ; Canvassek ; Candidate. 
 
 ELECTION AGENT, 54-57. 
 Who may not be, 33, 54. 
 Candidate 
 
 may pay, 53. 
 must appoint 
 one only, 54. 
 how, 55. 
 when, 56. 
 may appoint himself, 54. 
 Eemuneiation of, 
 conditional, 55. 
 claim for, 56. 
 A statutory office, 55. 
 Duties of, 5.5-57, 136, 155, 156. 
 to make all payments, 55. 
 to receive all monies, 155. 
 to have central office, 56, 
 to keep books, 57. 
 
 ( 8 ) 
 
INDEX OF CONTENTS. 
 
 ELECTION AGENT— mnfimiril. 
 Duties oi—eontinued. 
 
 to transmit return showing 
 his own payments, 130. 
 candidate's personal expenses, 137. 
 payments to returning offioei', 138. 
 disputed claims, 138. 
 money had and received, 13!). 
 to transmit declaration of candidate, 13(i. 
 1£ false, 
 
 is perjury, 137. 
 avoids election, 137. 
 to produce vouchers, I'lij, 
 Must pay candidate's personal expenses, if over (;i()U...13>'. 
 Eesponsible for everything, 55. 
 And gee Agent. 
 
 ELECTi6n commissioners, .331. 
 
 ELECTION COURT, 20!l. 
 
 ELECTION EXPENSES, 
 
 Return of, by election agent, 15, 136. 
 Declaration of, 13li. 
 false, 136. 
 
 without authorised excuse is an illegal practice, 137 
 if wilful is a corrupt practice, 54. 
 and perjury, 137. 
 by candidate, 137. 
 relief from, is.-j. 
 contents of, 137. 
 Personal, 
 
 of candidate, 
 
 paid by election agent, 55. 
 
 if over .(:100...138. 
 must be returned, 137. 
 Lawful, 
 
 paid by election agent, 55. 
 list of, 145. 
 
 maximum amount of, 146. 
 in boroiighs, 146. 
 in counties, 146. 
 in joint candidature, 146. 
 trivial, 155, 160. 
 Claims for, 
 
 to be returned by election agent, 141. 
 of creditor witliout notice, 153. 
 What are, 157, 158. 
 
 incurred before candidature 
 
 need not be returned, 147. 
 to procure candidate, 147. 
 before writ, 151, 157, 
 legal, 151, 171. 
 must be returned, 152. 
 doubtful, 152. 
 Of political education, 147, 151. 
 meetings, 147, 148 
 lectures, 147. 
 
 ( 9 ) 
 
INDEX OF CONTENTS. 
 
 ELECTION EXPENSES— c»Ki;/«(e(?. 
 Of political educatioB.— continued. 
 
 tracts, 148. 
 
 pledge cards, IIS. 
 
 club room, 149. 
 
 newspaper, 150, 159. 
 
 conversazione, 151. 
 Of registration, 149. 
 
 should be returned, 150. 
 See also Agent ; Election Agent. 
 
 EMPLOYER, 
 
 Bribery hj, 101-103. 
 
 Payment of wages to workmen, &c., while absent to vote, 359. 
 
 Undue influence by, 128-130. 
 
 EQUALITY OF VOTES, 62. 
 
 EVIDENCE 
 
 Of corrupt practice, 
 by agent, 76. 
 intention material, 77. 
 how received, 216. 
 
 EXCUSE, 185. 
 
 EXPENSES, 
 
 Legitimate, 145. 
 
 Of returning officer," 14. 
 
 Of poll, 23. 
 
 Of election agent, 137. 
 
 See Election Expenses. 
 Small, 100. 
 
 FALSE DECLARATION OP EXPENSES, 136-139. 
 An illegal practice, 137. 
 May be a corrupt practice, 90, 136. 
 What is, 136. 
 
 Not the same as false return, 136. 
 Relief from, 185. 
 
 FALSE STATEMENT, 
 Maybe 
 
 corrupt practice, 132. 
 
 illegal practice, 140, 141. 
 As to candidate, 
 
 his alleged withdrawal, 140, 154. 
 
 his character, 141, 161. 
 
 divergences from law of libel, 161, 163. 
 To come within Corrupt Practices Act, 1895, must be 
 
 statement of fact, 161, 162, 163, 164. 
 
 untrue statement, 162, 164. 
 
 personal statement, 162, 163, 184. 
 
 intended to influence electors, 162 163, 164. 
 Injunction against, 164. 
 
 FELON, 
 
 Cannot be elected, 1. 
 Or vote, 46. 
 
 ( 10 ) 
 
INDKX OF CONTENTS. 
 
 FLAGS, 
 
 payment for when illegal, 165, 169, 170. 
 
 FORMS. Sec Appendix VI., p. 407, 
 
 FREEDOM OF ELECTION, 10, 44, 121. 
 
 GROUNDS 
 
 For petition, 192. 
 See Petition. 
 For relief, 185. 
 
 IGNORANCE 
 
 Of Ciindidate, as to treating, 111. 
 
 ILLEGAL EMPLOYMENT, 171-176, 181. 
 Statutory offence, 171. 
 who may be legally employed, 171. 
 Lawful expenses, 171. 
 
 involve lawful employment, 172. 
 Purpose of rule, 173. 
 Forms of, 
 
 of clerics, 173. 
 
 of messengers, 174. 
 
 of bill distributors, 174 
 
 of bill-posters, 175. 
 
 of canvassers, 175. 
 
 of private police, 176. 
 Payment 
 
 in kind, 176. 
 
 promise of, 17(5. 
 Relief as to, 181. 
 
 ILLEGAL HIRING, 177-178. 
 Statutory offence, 177. 
 Forms of, 
 
 of horses and carriages, 177, 178. 
 of premises, 177, 178. 
 public-houses, 177. 
 eating-houses, 177. 
 schools, 178. 
 Relief as to, 181. 
 
 ILLEGAL PAYMENT, 165-170. 
 Statutory ofience, 10."). 
 Forms of, 
 
 providing for illegal expenses, 165. 
 may be in kind, 105, 176. 
 for repairs to property, 170. 
 procuring withdrawal of candidate, 165. 
 providing party badges, 165, 166. 
 hat cards, 160, 168. 
 cockades, 167. 
 canvassing cards, lOS. 
 banners, 168, 169. 
 History of rule, 166. 
 Purpose of rule, 170. 
 Relief as to, 181. 
 
 ( 11 ) 
 
INDEX OF CONTENTS. 
 
 ILLEGAL PEAGTICE, 53, iVi, 139-l(;i. 
 Meaning of expression, 139. 
 Kinds of, 
 
 making payments, 
 
 to procure election, 139, 112. 
 in excess of statutory limit, 140. 
 not through election agent, 140, 155, 156, 
 who is sole treasurer, 155. 
 exceptions, 140, 155. 
 
 security to returning officer, 140. 
 lawful small expenses, 140, 156, 160. 
 personal expenses below £100. ..140. 
 authorised payments, 141. 
 after statutory time, 141. 
 prohibited voting, 140. 
 
 a misdemeanour, 153. 
 publishing 
 
 false statements of candidflite, q.r. 
 as to his withdrawal, 140. 
 
 limitations, 154. 
 as to his character, 141, 161. 
 law of libel compared, 161. 
 bills without printer's name, 140. 
 what are bills, 154. 
 purpose of rule, 155. 
 Distinction from corrupt practice, i/.r,, 70, 141. 
 motive irrelevant, 141. 
 "knowingly," 142, 145. 
 Payio ents 
 
 for conveyance of voters, 142. 
 for baiting, 143. 
 for use and occupation, 144. 
 for advertisements, 144. 
 
 except to advertising agent, 144. 
 Belief as to, 17S, 185. 
 Punishment for, 189. 
 
 ILLITERATE VOTEltS, 30. 
 
 ILLNESS, 
 
 Ground for relief, 1S5. 
 
 INADVERTENCE, 182, 184, 185, 186, 187. 
 
 INDEMNITY, 
 
 Certificate of, to witness, 215. 
 See Relief. 
 
 INDICTMENT 
 
 Can be preferred for corrupt, but not illegal practice, 190. 
 Removal of, to High Court, 328. 
 
 INFLUENCE, 
 
 Undue. Sv Undue Influence. 
 Abuse of, 121. 
 Legitimate, 121. 
 
 of clergymen, 124, 125. 
 
 of employer, 129. 
 
 of landlord, 129. 
 
 ( 12 ) 
 
INDEX OF CONTENTS. 
 
 INTERLOCUTORY APPLICATIONS, 20-l:-2O!). 
 
 INTIMIDATION, 130. 
 
 See, Undue Influence. 
 
 IRELAND, 
 
 How far Corrupt Practices Act, ls83, applies td. HS(i. 
 
 IRREGULARITIES, r,2, 65-69. 
 
 JEW, 
 
 How he votes, 30. 
 
 JOINT CANDIDATE, 
 Who is, 33i). 
 Expenses of, l-td. 
 Relief of, 
 
 ■w^en agent for another, 87. 
 
 JOINT CANDIDATES, 
 Who are, 147. 
 
 LANDLORDS, 
 
 May canvass, 125. 
 Influence of, 
 
 when undue, 125, 129, 130. 
 
 LICENSED PREiaiSES, 
 
 Hiring, using, or letting, for committee room is illegal hiring, 177. 
 When can be used for polling station, 25. 
 
 IttARK 
 
 On ballot paper, 38, 39. 
 
 MEANING 
 
 Of "candidate," 145. 
 Of " corruptly," 96, 97, 98. 
 may vary, 100. 
 
 with circumstances, 101. 
 Of various expressions in Corrupt Practices Act, 1883... 332-334. 
 
 MENS REA, 96. 
 
 MESSENGERS, 
 
 Appointed by candidate, 59. 
 
 MISCONDUCT, 
 
 Of disorderly persons, 32. 
 Of returning officer, 13. 
 Of polling agent, 68. 
 
 MISCOUNT, 
 
 Ground of petition, 192. 
 
 MOTIVE 
 
 For corrupt act, 97, 98. 
 
 NATURALISATION 
 
 Of alien, effect of, 4, 46. 
 
 ( 13 ) 
 
IN])EX OF CONTENTS. 
 
 NOMINATION, 18-22. 
 Must be in writing, 18. 
 Duty 
 
 of candidate upon, 13. 
 
 of returning officer upon, 
 
 in uncontested election, 18. 
 in contested election, 18-22. 
 Paper, 
 
 how filled up, 19. 
 
 description of candidate on, 20. 
 
 supplied by returning officer, 20. 
 Publication of, 20. 
 Objections to, 21. 
 Eejeotion of, 21. 
 By whom delivered, 22. 
 
 NOMINATION AND POLL, 
 Table of times for, 398. 
 
 NOTICE OF ELECTION, 16, 388. 
 
 OATH OP SBCKECY, U, 45. 
 
 OBJECTIONS 
 
 To nomination paper, 21. 
 
 OFFENCES 
 
 Against Ballot Act, 1872. ..44-4.5. 
 ,S>r alsos. 2...275, 276. 
 .Secrecy of election, 
 
 duty to maintain, 44. 
 declaration of, 45. 
 
 OFFICIAL MARK, 27, 29, 35, 37. 
 
 PARTICULAKS, 
 
 Of charges in petition, 204-206, 
 Can be amended, when, 205. 
 
 PAYMENTS, 
 Corrupt, 97. 
 
 motive for, 98. 
 Illegal, 171. 
 Legal, 171. 
 
 vouchers for, 156. 
 small, 140, 156, 160. 
 /S'ft' aho Illegal Practice. 
 Illegal Payment. 
 Agent. Election Expenses. 
 Illegal Employment, 
 PEER, 
 
 Cannot generally be a candidate, 1 . 
 or vote, 46. 
 
 PENALTY. See Punishment. 
 
 PERSONAL EXPENSES 
 Of candidate, 137, 138. 
 
 PERSONATION, 29, 30-32, 134-136. 
 
 Agent, now called Polling Agent, y.c, 59. 
 Definition of, 134. 
 
 ( 14 ) 
 
INDEX OF CONTENTS. 
 
 PERSONATION— mrf;««pr/. 
 
 Election avoided by, when, 136. 
 Felony, 
 
 by statute, 134. 
 
 intention material, 134, 13"), 
 
 charge of, 
 
 heard by two justices, (io. 
 false, 31, 60. 
 prosecution for, 31. 
 Prevention of, 
 
 by polling agent, 30, r>9. 
 by presiding officer, 30, 31, 60. 
 by asking questions, 50, 51. 
 by administering oath, 51, 
 by giving offender in charge, 30. 
 importance of, 136. 
 Ques^ons, 
 
 to personator, 50. 
 to person personated, 51, 52. 
 Vote of personated person, 2i), -IS, 52. 
 
 PETITION, 190-197. 
 
 Precedents of, 414-419. 
 Who may present, 190. 
 
 the assertion of a right i/i rem, 197. 
 Grounds for, 191, 192. 
 
 election or return void, 1 92. 
 no return, 192. 
 Limit of time for, 191, 
 By poor persons, 191. 
 Security for costs of, 193, 195. 
 by recognisance, 193. 
 by deposit of cash, 193. 
 Kespondent to, 194. 
 Application 
 
 to stay, 194. 
 to dismiss, 194. 
 to withdraw, 194. 
 
 only by leave of oourt,il94, 195. 
 
 why, 196. 
 substituted petitioner, 195. 
 order for security, 195. 
 report of court, 195. 
 Abatement of, 196. 
 Costs of, 197. 
 
 secm'ity for, 193, 195. 
 in discretion of court, 197. 
 
 except those paid by Treasury, 198* 
 court may throw on 
 local rates, 198. 
 individual, 198. 
 otherwise follow event, 199, 
 exceptions, 199, 
 
 third party, 200. 
 special circumstances, 200, ■ 
 improper conduct, 200. 
 improper evidence, 201. 
 
 ( 15 ) 
 
INDEX OF CONTENTS. 
 
 PETITION, CONDUCT OF A, 203-222. 
 Preliminaries, 203-209. 
 contents of, 203. 
 how set out, 20-t. 
 particulars, 204. 
 additional, 206, 207. 
 amendment, 205. 
 commission 
 
 to examine witnesses, 207. 
 of enquiry, 221. 
 inspection, 207. 
 yenue, 208, 209. 
 Trial, 209. 
 
 court of record, 209. 
 
 judicial not inquisitorial, 209, 219 
 judges, 209. 
 scrutiny, 210, 211. 
 
 votes struck off, 211. 
 effect of, 213. 
 recrimination, 210. 
 disqualification of candidate, 213. 
 notice of, 213. 
 effect of, 21i. 
 power of court 
 
 to compel attendance, 215. 
 to enforce discoyery, 215. 
 to obtain answers, 215. 
 to grant indemnity, 215. 
 evidence 
 
 of corrupt practice, 216. 
 of petitioner, 216. 
 obtaining proofs of, 217. 
 objectionable, 217. 
 public prosecutor, 
 duty of, 217. 
 rights of, 218. 
 costs of, 219. 
 prosecution 
 
 for election offences, 219. 
 powers of court, 209, 219. 
 special case, 219. 
 certificate and report, 219. 
 contents, 220. 
 effect of each, 220. 
 subsequent corruption, 221. 
 Sequel, 
 
 subsequent corruption, 221. 
 commission, U, 221. 
 discnfranohisement, 222. 
 
 PETITION RULES. See Appexdi.x; III., p. mS. 
 
 PICNICS 
 
 may be corrupt treating, 115. 
 
 POLICE. See Constable. 
 
 ( 16 ) 
 
INDEX OF CONTENTS. 
 
 POLL, 23-44. 
 
 Time and place for, 23. 
 BaUot, 23. 
 
 secret, 44. 
 Tie, 24. 
 
 casting vote, 24. 
 University, 24. 
 Close of, 23, 32. 
 Adjournment of, 32. 
 Result, 24, 43. 
 And see Kbtdening Officer ; Personation ; Presiding Officeu ; 
 
 Polling Station. 
 
 POLLING AGENT, 53-.59. 
 See Agent, Polling. 
 
 POLLING CLERK, 28, 3.3,331. 
 Dec]|,ration by, 33. 
 Powers of, 33. 
 Number of, 33. 
 
 POLLING DISTRICT, 4rj-4(;. 
 
 POLLING STATION, 23, 24-28. 
 Returning oiEcer to provide, 23. 
 Government schools used free, 24. 
 Prohibited places, 2."). 
 
 churches, 25. 
 
 public-houses, 2."). 
 Notice of, 25. 
 Expenses of, 26. 
 Directions to voters at, 27. 
 Presiding officers at, 28-32. 
 
 And see Presiding Officer. 
 Clerks at, 28. 
 
 declaration by, 33. 
 
 powers of, 33. 
 Personation at, 29-31. 
 
 And see Personation. 
 Misconduct at, 32. 
 
 PRACTICES, 
 
 Corrupt, q.i:, 90. 
 Illegal, rj.t:, 139. 
 
 PRECEDENTS. See Appendix YL, p. 407. 
 
 PRESIDING OFFICER, 28-32. 
 Duties of, 
 
 before poU, 28. 
 during poll, 28-32, 50. 
 
 to maintain order, 28, 32. 
 to reject certain votes, 50. 
 to deliver voting papers to voter, 29. 
 to assist incapacitated voters, 30. 
 at close of poll, 32. 
 wilful breach of, 331. 
 Negligence of, 29. 
 Payment of, 32. 
 Sec Poll ; Personation ; Ballot. 
 
 ( 17 ) 
 
INDEX OF CONTENTS. 
 
 PEIMKOSE LEAGUE, 115. 
 And see Association. 
 
 PEOSECUTION 
 
 For corrupt practice, 188. 
 For illegal practice, 190. 
 And see Punishment. 
 
 PUBLIC PROSECUTOE, 
 
 Duties and rights of, 217, 218. 
 Costs o£, 218. 
 
 PUNISHMENT, 188-190. 
 For corrupt practice, 188. 
 For illegal practice, 189. 
 payment, 190. 
 employment, I'JO. 
 hiring, 190. 
 Of candidate, 189. 
 Eelief from, 1 78-187. 
 SfC Eeliep. 
 
 QDESTIONS 
 to voters 
 
 not on tlie register, 50. 
 
 who appear to have voted, 51. 
 
 who have been personated, 52. 
 
 EATES, 
 
 Corrupt payment of, 101. 
 
 UECESS, 
 
 Vacancy during, 7. 
 
 EECOGXISANCE, 193. 
 
 EECOUNT, 209. 
 
 RECEIMINATOEY EVIDENCE, 
 When allowed, 210. 
 
 EEFEESHMENTS. See Treating. 
 
 EEGISTEE, 
 
 Copy of for polling station, 27. 
 Conclusive evidenoij) 
 
 at poll of right to vote, 18, 49. 
 
 at trial of right to vote, unless personally disqualiiied, 19. 
 Purpose of, 50. 
 Expenses as to 
 
 whether election expenses, 149-150. 
 
 KEGISTEATION FEE, 
 
 Corrupt payment of, in Scotland, where bribery, see Universities &c. 
 (Scotland) Act, 1881, s. 2. 
 
 EEJECTED BALLOT PAPERS, 35-43. 
 
 RELIEF, 
 
 From Illegal practice, 70, 178-187. 
 
 in power of court, 70. 
 Of candidate, 178, 181, 185. 
 
 when gi-anted, 179. 
 
 principles of, 179. 
 
 ( 18 ) 
 
INDEX OF CONTENTS. 
 
 BELIEF — coiitinned. 
 
 Of election agent, 179, 181, 185 
 General, 181. 
 
 apart from petition, 182. 
 conditions of, 182. 
 
 inadvertence, 182, 185, 186. 
 
 not ignorance, 183. 
 good faith, 183. 
 conflicting decision, 184. 
 effect of, 184, 185. 
 from treating, 178. 
 from undue influence, 178. 
 from illegal practice, 70, 178, 181, 185. 
 from illegal payment, 181. 
 from illegal employment, 181. 
 from illegal hiring, 181. 
 from false return, 185. 
 from false declaration, 185. 
 from omissions, 187. 
 Grounds for, 
 
 inadvertence, 182, 184, 185, 186, 187. 
 
 illness, 185. 
 
 death, 185. 
 
 neglect of servants and agent3,rl85. 
 
 KEPORT BY JUDGES, 219, 266, 267, 321. 
 
 RESPONDENT IN PETITION, 
 Who may be, 194. 
 
 RESULT, 
 
 Declaration of, 24, 43. 
 
 RETURN, 
 
 How made, 10-16. 
 To writ, 12. 
 
 Of expenses. See Elbctioni^Expenses. 
 Double, 192, 223. 
 False, 131, 223. 
 Undue, 192. 
 And see Poll ; Returning Ofpicee. 
 
 RETURNING OFFICER, 10-16. 
 Who may be, 
 sheriff, 10. 
 mayor, 11. 
 
 substitutes for, 11. 
 in universities, 12. 
 Action against, 13. 
 Charges of, 14. 
 
 paid by candidate, 14, 
 
 security for, 14. 
 claims for, 
 
 to be sent to election agent, 14. 
 return of, 138. 
 taxation of, 305. 
 scale of, 301. 
 Claims against, 16. 
 
 by, 14, 141, 305. 
 L.B. ( 19 y G G 
 
INDEX OF CONTENTS. 
 
 RETURNING OFFlGEn—eontiimed 
 Decision of, final, 43. 
 Duties of, 10, 13, 33. 
 before poll, 
 
 to send address, 10. 
 to provide requisites, 23. 
 to make declaration, 4.5. 
 during poll, 28. 
 
 ■And see Peesidincj Officbb. 
 after poll, 
 
 to ascertain result, 33. 
 by counting votes, 34. 
 by rejecting void votes, 35 
 by verification of votes, 43. 
 to make return, 13. 
 to publish expenses, 15. 
 to forward papers 
 
 to clerlv of Crown, 44. 
 to sheriif clerk, 44. 
 breach of, 13, 331. 
 
 penalty of, £100.. .13. 
 May not be election agent, 33. 
 
 RIBBONS, 
 
 Payment for when illegal, 165, 170. 
 
 RIOT, 
 
 Adjournment of poll for, 32. 
 
 ROOM, 
 
 For polling, 25. 
 
 ROSETTES, 
 
 Payment for when illegal, 165, 170. 
 
 RULES. For Ballot Act Rules, see p. 280 ; for Petition Rules, tee 
 Appendix III., p. 369. , 
 
 SCOTLAND, how far Corrupt Practices Act, 1883, applies to, 334—336. 
 
 SCRUTINY, 209, 210. 
 
 SEAT, 
 
 Vacancy of, 6-9. 
 is caused 
 
 by acceptance of office, 8. 
 by bankruptcy, 8, 9. 
 by invalid return, 9. 
 by double election, 9, 223. 
 by removal of member, 
 
 unseated on petition, 9. 
 expelled, 9. 
 during session, 7. 
 during recess, 7. 
 
 SECURITY, 
 
 Given to returning officer by candidate, 14. 
 For costs, 193. 
 
 SOCIETIES. See Association ; Club. 
 
 ( 20 ) 
 
INDEX OF CONTENTS. 
 
 SOLDIERS, 
 
 Regulations as to at election, 10. 
 
 SPECIAL CASE, 
 When stated, 219. 
 Precedents of, 423. 
 
 SPIRITUAL INTIMIDATION, 123-126, 127, 130-'132 
 
 SPOILT BALLOT PAPERS, 29, 43.- 
 
 SPORTS, 
 
 May be corrupt treating, 115. . 
 
 STAMPING INSTRUMENTS, 27 
 
 STATUTES. See Appendix II. and Index op Statutes, in Contents, 
 p. XV, mpra. 
 
 SUB-AGENTS, 57. See Agent. 
 SUBPCENA, 215. 
 
 SUMMARY CONVICTION, 
 Appeal from, 329. 
 For corrupt practice, 188. 
 For illegal practice or illegal payment, employment or hiring, 190 
 
 TAXATION 
 
 Of returning officer's charges, 305. 
 
 TENDERED VOTES, 30, 32, 43, 44, 52, 385 («). 
 
 TIMES FOR NOMINATION AND POLL, 
 Table of, 398. 
 
 TOWN CLERK, 
 
 When not eligible as candidate, 4. 
 When he may not vote, 52. 
 
 TREASON, 
 
 Person guilty of, cannot be elected, or vote, i6. 
 
 TREATING, 106-120. 
 What is, 106. 
 General, 
 
 efEect of, 107. 
 
 what amounts to, 107. 
 What is and is not, 108, 109. 
 Corrupt intention material, 108, 110. 
 Extent of material, 109, 111. 
 Ratification of, 110. 
 Ignorance of candidate, 1 10. 
 
 may be mala fide, 111. 
 Relative to person treated. 111. 
 Amount given material. 111. 
 Under colour 
 
 of charity,, 112. 
 
 of hospitality, 112, 113. 
 
 ( 21 ) 
 
INDEX OF CONTENTS. 
 
 TUEATlNG—continned. 
 Always foolish, 113. 
 Must refer to election, 113. 
 Where. See ASSOCIATION, 
 at political club, 114. 
 
 may be corrupt, 115. 
 at picnic, 115. 
 at smoking concert, 116. 
 at conversazione, 151. 
 at non-political meeting, 117. 
 Oddfellows' dinner, 117. 
 school feast, 118. 
 How : 
 
 by employment of watcher, 118. 
 by using public-house 
 for meeting, 119. 
 for canvassing, 119. 
 After the election, 120. 
 Promise of, 120. 
 Of non-elector, 120. 
 Relief as to, 178. 
 TEIAL, 209. 
 
 UNDUE INFLDENCE, 121-134. 
 What is, 121. 
 
 at common law, 121. 
 by statute, 121, 127. 
 two classes of, 133. 
 Effect of, 63, 121. 
 Forms of 
 
 riot and violence, 122. 
 
 must prevent freedom of election, 122. 
 must be instigated by candidate, 123. 
 spiritual, 123, 130. 
 
 of clergy, 124, 131. 
 
 canvassing by, permitted, 124, 125. 
 more subtle than riot, 126. 
 result immaterial, 126. 
 threats of harm, 
 
 bodily, 127, 130. 
 violence, 127. 
 confinement, 127, 132. 
 temporal, 127. 
 
 notice to quit, 128, 130. 
 loss of custom, 128, 130. 
 dismissal, 129, 130. 
 giving up pew, 130. 
 spiritual, 127, 130. 
 Fraudulent devices and tricks, 132. 
 
 reproductions of ballot paper, 132, 133. 
 in fac simile, 132, 
 with modifications, 133. 
 
 discreditable, not illegal, 133. 
 public mis-statements as to the Ballot Act, 132. 
 Presence at poll of landlords, 130. 
 Belief as to, 178. 
 And see Influence. 
 
 ( 22 ) 
 
INDEX OF COXTENTS. 
 
 UNIVERSITY ELECTIONS, 
 Writ lor, 7, 408. 
 Returning ofiBcer at, who is, 12. 
 Notice, time and place of, 17, 18. 
 Nomination of candidates at, 19. 
 Polling at, 24. 
 Method of voting at, 253-256. 
 
 VACANCY, 8. See Seat. 
 
 VOTE, 
 
 Essentials of good, 38, 40. 
 Intention of person giving, 
 
 how ascertained, 38, 42. 
 
 to be effectuated, 42. 
 Marked by presiding oflBcer, 30. 
 Refused by presiding oflBcer, 
 
 of person not on register, 50. 
 
 of person refusing to answer question, .jU, 51. 
 Eight to, 49. 
 Spoilt, 29. 
 
 Tendered, 29, 30, 52, 211, 385, 385 («)• 
 A^erification of, 43. 
 Void, 35. 
 
 What will be added on scrutiny, 211. 
 What will be struck off on scrutiny, 211-21.'3. 
 
 VOTER, 46-52. 
 
 Person qualified as, 46. 
 
 must be on register, 48. 
 Persons disqualified as, 46, 49, 52, 56. 
 
 votes of, 48, 154. 
 Conveyance of, to poll, 142. 
 payment for, illegal, 142. 
 
 even it only for baiting horses, 143. 
 Directions to, 27. 
 Presiding oflBcer, 
 may assist, 30 
 
 incapacitated persons, 30. 
 Jews, 30. 
 put statutory questions to, 50. 
 meaning of question, 51. 
 answers to question, 51, 52. 
 administer oath to, 51. 
 must follow register, 49. 
 Undue influence on, q.v., 63. 
 And see Register. 
 
 VOTING, 
 
 ilethod of, 29. 
 
 Provisions as to secrecy of, 44, 45. 
 
 VOUCHER, 
 
 for. payments by election agent or sub-agent necessary except where 
 payment less than 40s.. ..156, 316. 
 ( 23 ) 
 
INDEX OF CONTKNTS. 
 
 WAGERS, 
 
 May be bribery at common law, '.Kl. 
 
 WITHDRAWAL 
 
 Of candidate, 22. 
 Of petition, 194. 
 
 WITNESS 
 
 Can be ordered to attend, 215. 
 
 Can be committed for contempt of court, +12. 
 
 If out of jurisdiction, 215. 
 
 Must answer except in certain cases, 215. 
 
 Obtaining signed proof from, 217. 
 
 WRIT, FOR ELECTION, 7-10, 224, 408. 
 
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