ERRATUM, page 27, from line 23 to 2G inclusive. In a County :— For more than one Central Committee Room, and one Committee Room, for each Polling District, but when the number of Electors in a Polling District exceeds 500, one additional room for every complete 500 electors. ADDENDUM, page 126, after line 20. Since the present Edition of this work was printed, the 48 and 49 Vic. Chap. .56 has been passed, which declares that it shall not be illegal for an employer to permit persons in his employ to absent themselves from their employment for a reasonable time for the purpose of voting at a Parliamentary Election without having any deduction made 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 persoyis 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 piu'pose of preventing such person from recording his vote for any particular Candidate at such Election. 7^ ON THE MANAGEM PARLIAMENTARY ELE PRACTICAL GUIDE, WITH ALL THE NECESSARY FORMS, INSTRUCTIONS, NOTICES, CIRCULARS, &c., REQUIRED IN THE FORMATION OF COMMITTEES, AND IN THE CANVASS, NOMINATION, AND ELECTION. SECOND EDITION. JAMES BROUGHTON EDGE AND WILLIAM HARDY, ESQRS., OF THE MIDDLE TEMPLE, EARKI3TERS-AT-LAW. {Comjright.) LONDON : MACKIE & CO. LIMITED, PRINTERS, 291, STRAND. 1885. PREFACE TO THE FIRST EDITION. The object of the writer of this little book is to place in the hands of persons unacquainted with the modus operandi of an election a general plan of the work to be done preliminary to and at an election, with such details as will enable such general plan to be carried out without difficulty. It is hoped that the work may also be found useful to more experienced electioneerers, who will be able to add to or modify its recommendations, to suit their own plans of procedure. It may be stated here that the instructions, forms, &c., contained in the book, are in the main such as have been frequently used in both borough and county elections, and everywhere with the best results. They have also been seen and approved of by some of the leading election agents in England. The writer has, as much as possible, confined himself to a bare detail of the 'practical luork of an election. No /■ ^ -fi r 4 /'i /^ IV PREFACE. attempt has been made to discuss mere points of law, but references have been given, where it has been thought necessary, to standard legal works and Acts of Parliament, which may be consulted when requisite. A copy of the Ballot Act, 1872, and extracts from various Acts of Parliament bearing upon elections, will be found in the appendix. A copious index is also added. In conclusion, the writer cannot hope to have avoided errors, or to have provided a plan which will meet the views of every experienced agent. He trusts, however, that his errors will be few, and that his plan, carefully worked out, will be a good guide, where a better does not exist. J. BROUGHTON EDGE. 5, St. James' Square, Manchester, November, 1873. PREFACE TO THE SECOND EDITION. The first edition of this work was very extensively used during the General Election of 1874, a copy having been sent gratuitously by the Conservative Central Council, to every principal Conservative Agent then engaged in a contested election. The author of that edition has every reason to believe the book was found most useful, as numerous applications were subsequently received from all parts of the country for further copies ; but the edition was soon exhausted, and the book became out of print. The extensive alterations made in Parliamentary Election Law by the Corrupt and Illegal Practices Act, 1883, rendered a re-writing of the work necessary, and this has been done. Many opinions expressed are, in the absence of judicial decisions, necessarily those of the authors alone, who are solely responsible for them. The greatest care, however. VI rREFACE. has been exercised in forming them, and they are, as far as possible, based on the dicta of Judges and the decisions of Election Committees. It will be seen that in one or two instances instructions are given on matters which, it is suggested, should be altogether avoided, if possible. The question of refresh- ments to persons actually engaged in the carrying on of the election is one of these. If it be possible, refreshments should not be given to anybody, at any time, as the danger of a breach of the law is, owing to the indiscretion of over- zealous and reckless workers, very great. At the same time, it may be found impossible in large towns and wide country districts to obtain that constant attention during the extended hours of polling which is necessary to the getting up of voters to the poll, unless some provision is made for refreshments to the persons employed in the work, and in such a case it is better to devise a plan which, if strictly carried out, is perfectly legal, than to leave the matter to be dealt with, on the spur of the moment, by each individual election agent, who might not have time to think out what precautions ought to be taken to prevent the law being violated. It is strongly recommended that in using the book the Election Agent should read up a few chapters in advance PREFACE. Vll of his work, as this will not only explain some matters not, perhaps, perfectly plain to him at the moment, but will enable him to have all his preparations well in hand, J. B. E. W. H. S, Plawden Buildings, Temple, E.G., and 5, St. Jamti Sqttare, Manchester. Mav, 188.5. TABLE OF STATUTES. Page, 6 Vicb. c. ] 8, s. 85 . . . 153 30 & 31 „ 102, s. 11 ... ... ■ ... 153-154 31 & 32 „ 125, ss. 1, 2,3,44 .. 154-155 So & 3G 33 (Ballot Act, 1872) ... 155-175 )} )) (Schedules) .. 176-194 }> ti (Abstract) 195-206 38 & 39 „ 84 (Returning Officers Act, 1875) .. 207-216 46 & 47 51 (Corrupt Prastices Act, ISfi'^l) ... 217-263 )i » (Schedules) .. 264-280 47 & 48 „ 34(Hoursof Poll Act, 1881) 281-282 ON THE MANAGEMENT PARLIAMENTARY ELECTION, THE CANDIDATE. The first duty of the election agent is to see whether any valid objection can be made to the status of any of the candidates. If any objection can be made to his own candidate, he should, at once, take steps to remove it, if possible. If it cannot be removed, then the sooner he informs his principal of the fact the better. If there is a good objection to the opposite candidate, it should, on no account, be made known until after the nomination, and then only as directed under that head. No qualification by loroperty is now required from either Borough or County Members. But a candidate must be — ■ 1. A natural born subject.^ Qualifications of a camlidate. 2. Of the full age of 21 years.^ And he must not be — 1. A peer (unless of Ireland, and not one of the Irish Disquaiiflea- i^ ^ ^ tioiis of a candi- representative peers in the House of Lords). '''^'^'^• 2. A judge of the Superior Courts in England, Ireland, or Scotland."^ 3. A County Court judge.^ 4. The judge of the Admiralty Court.^ 5. A police Magistrate for the Metropolitan District." As to what constitutes a natural born subject, see 13 and 13 William 3, cap. 2 ; 7 Anne, cap. 5 ; 4 Geo. 2, cap. 21 & 13 Geo. 3, cap. 25. 7& 8 Wm.3, c. 25, s. 8. 3 It is said the Master of the Eolls may sit in the House of Comnious. 4 10 & 11 Vic. c. 102,3. 18. 5 3 & 4 Vict., c. tid. See 20 and 21 Vict. c. 77. s. 10. 6 3&4 VVni. 4,c. 19. B Disqualifica- tions of a can- didate. 11. 12. Disqualifusv- tions of a can- didate as to a particular pUce 6. A Commissioner of the City of London Police,^ or a Justice of the Peace, or Keceiver appointed under the 10 Geo. 4, c. 44, s. 18. 7. Eegistrar or Deputy-Registrar of deeds for the County of Middlesex,- or of the North,'- West,^ or East ■' Ridings of the County of York. 8. A priest or deacon of the Church of England, or a minister of the Church of Scotland.*' 9. A person in holy orders in the Church of Rome.'^ 10. A person holding an office or place of profit under the Crown created since the 20th October, 1705.* A holder of a pension from the Crown during pleasure,^ or for a term of years certain.^ A contractor for the public service. ^° 13. A bankrupt. 1 4. A convicted felon or misdemeanant convicted of fraud, lo. A candidate at a iiniinicipal election, reported by an election court, or any person convicted on indictment or information, or adjudged to pay a penalty for any cor- rupt practice at a parliamentary or municipal election, during seven years after the date of such report, conviction, or judgment.^^ A candidate who answers any of the above descriptions is absolutely disqualified; may be objected to on nomina- tion, and though a majority of votes are given in his favour, his election is void. A candidate may not be wholly dis(|ualified, and yet be disqualified u-ithia a certain district, thus : — 1 2&3 Viot.,c.94. 2 7 Aiinp, c. 20, 3. 21. 3 8 Geo. 2, c. 6, 3. 37. 4 2 & .3 Anne, e. 4, s. 23. 6 6 Anne, cap. Ho, s. 32. 6 41 G.-o. 3, cap. 03. 7 10 Geo. 4, cap. 7, sec. 9. 8 6 Anne, cap. 7, s. 2.5, which specifies some old otficres which also disqualify, and see Uoyers on " Elections and Registrations." 11th edition, pp. 220— -JH, for a list of offices which do and which do not disqualify. 9 1 Geo. 1 Stat. 2, c. 515. 10 22 Geo. 3, cap. io, sec. 1. As to the meaiiini; of "contrnctor," see Royse V. Rirley, 2i» L. T. Reports N. S. 786. 11 Corrupt Practices Act, 1883, sec. 6, and Miniicipal Corporations Act, 1S82, sees. 7d-9. A Eecorder cannot be elected for the Borough for which he is appointed.^ A Sheriff or Returning Officer for the Coimty or place for which he acts. A Revising Barrister for the place, &c., for which he was appointed, within 18 months after his appoint- ment,2 A Candidate at a previous election, reported by an Election Court as having hnowingly consented or been party to the commission of any corrupt practice other than treating or undue influence, or as having personally been guiitj oi treating ox undue influence at such election, can never be elected or sit for the County or Borough to which the report refers.^ A Candidate may also be absolutely disqualified or dis- qualified within a particular district, for a certain time thus : — A candidate at a previous election who has been guilty of one or other of the offences mentioned in the last paragraph, incurs the further punishment of being subject to the same incapacities as if at the date of the report he had been convicted on an indictment of a corrupt practice, i.e., he is absolutely disqualified from becoming a candidate for any place for seven years from the date of the report.^ A candidate at a previous election, reported by an Election Court as guilty by Ids agents of any corruj)t practice at such election cannot be elected or sit in the House of Commons for the County or Borough to which the report refers, for seven years after the date of such report.' 1 5 & 6 Wm. 4, c. 76, s. 103. 2 6 Vict., c. 18, s. 28. 3 Corrupt Practices Act, 1883, sec 4 A candidate at a previous election reported by an Elec- tion Court as having knowingly consented to the commission of any illegal practice at such election cannot be elected or sit in the House of Commons for the County or Borough to which the report refers for seven years after the date of such report.^ A candidate at a previous election reported by an Election Court as guilty hy his agents of any illegal practice at such election, cannot be elected or sit in the House of Commons for the County or Borough to which such report refers during the Parliament for which such election was held.^ It would appear that if the corrupt practice, &c., was committed when the person committing it was not himself a candidate, no disqualification would attach to him after the expiration of seven years from his conviction, either with respect to the same or any other County or Borough. The candidate must on or before the day of nomination appoint either himself or some other person his election agent, and must notify the same to the Eeturning Officer, not later than that day. He must also give an address, where claims, notices, &c., can be served on him. — See " P^lection Agent." If he names himself as his Election Agent he will have to appoint Clerks, Messengers, Polling- Agents, &c., &C.,. and will have to make certain returns of his receipts and expenditure, as to which see the various heads following. Special agent to Jfthc candidate personally undertakes any part of the Httt-nil candi- date, canvass, a special agent should always accompany him. This agent should either be a professional man or a man of high character, ^<;Ao shoxdd never leave the candidate alone whilst canvassing. Tlu- latter, if not his own election agent, should pay nothing, order nothing, and employ no one,. 1 Comipt Practices Act, 1883, see. 11. except through the election agent, to whom every applicant should be referred. Looking at the severe penalties now imposed for even a trifling breach of the law, this precau- tion should never be omitted. The candidate may pay any personal expenses incurred -^^Jj^gg^^f ^^" . by him in connection with the election, not exceeding *^i'date. £100, He may, of course, incur further expenses on his personal account, if he chooses, but everything beyond the £100 must be paid by his election agent. ^ A written statement of the amount of personal expenses ^e^sent^efectJn paid by the candidate must also be sent to the election ''^^'^"^• agent within 14 days after the declaration of the poll.^ Personal expenses are defined to be the reasonable what are -"■ "personal" travelling expenses of a candidate and the reasonable ex- fxpenses. penses of his living at hotels or elsewhere for the purposes of and in relation to the election.^ It may be added that they form no part of the election expenses proper, and are not to be reckoned as part of the expenses limited by the Corrupt Practices Act, 1883.* Subscriptions towards the expenses of the election may subscriptions to r 1. " expanses 01 be received by the candidate, and it is open to argument election, whether he is bound, as the election agent is, to specify the sources from which they have come. No positive direction can, in the absence of judicial decisions, be given, but unless there is some very strong reason why the names of the individual subscribers should not be dis- closed, it will be better that subscriptions should be sent to the election agent direct. The expressions " candidate at an election " and Definition of ^ candidate. *' candidate " respectively, mean unless the context other- wise requires, 1. Any person elscted at such election. 1 CoiTuptPractices Act, 1883, sec. SI. 2 Ibid, sec. 29. 5 Corrupt Practices Act, 1883, sec. 64, and see Rogers on Elections, 13th edn., p. 324. 4 Corrupt Practices Act, 1883, Schedule 1, Part 4. 2. Any person nominated as a candidate at an election. 3. Any person declared by himself, or by others to be a candidate on or after the issue of the writ, or after the dissolution or vacancy, in consequence of which the writ is issued.^ It will thus be seen that a man may be declared a candi- date by other persons, and may be nominated and elected without taking any active part in the election. In such a case some person would have to name an Election Agent " on behalf "' of such candidate,^ and the person signing his nomination paper would, if he did not consent to be nominated, be liable for the Eeturning Officer's charges.^ Candidate may A candidate may withdraw, or, if abroad, be withdrawn, withdraw, by his proposer on a written notice to the Eeturning Officer during the time appointed for the election, i.e., during the time appointed for the delivery of nomination papers, but not afterwards."* Death of candi- If a candidate die between the nomination and the poll^ date before poll. the Returning Officer must countermand the poll, and the election must commence afresh, just as if he had received the turit on the day when the death of the candidate was duly jjroved, except that no fresh nominations are necessary for the candidates already nominated.^ There is no provision for the case of a candidate dying immediately before or during the time appointed for the election. 1 Corrupt Practices Act, 188", sec. 63. 2 Ibid, sec. 24. 3 38 and ;i9 Vic, c. 84, sec. 2. 4 3.') and 36 Vic, cap. 33, sec. 1. 5 Ibid. THE ELECTION AGENT. On or before the day of noraination a person shall be ^^ election •^ '- agent must bo named by or on behalf of each Candidate as his Agent for appointed. such election. "^ It will be observed that each candidate appoints one election agent only. Two or more candidates may appoint the same agent, or each may appoint a different person.^ A candidate may name himself as acting on his own Candidate may behalf.i Id either case the name and address of the election agent Name and ad- o dress to be given or of the candidate acting as his own election agent must officer!'""'^ be declared in writing to the Returning Officer not later than the day of nomination .^ At the same time the address of an office, where claims, Also address of ' oince or place notices, &c., may be sent, and which must be within the &^^''n,;iy ""j^"^' County or Borough where the election is proceeding, or ®®"*" within any County of a City or Town adjoining, must be declared to the Returning Officer.^ The following form may be used : — Form. Form No. 1. Parliamentary Election, 18 To Esq., Returning Officer for the of I, of &c., being ii Candidate at the above Election, do hereby nominate and declare that Mr. of is my Agent for such Election, and that the office or place to which all claims, notices, writs, simimonses, and docnm_ents relating to such Election may be sent is at Dated this day of 18. N.B. — This notice must be given to the Returning Officer not later than the day of nomination. 1 Sec. 24, Corrupt Practices Act, lf^83. 2 Ibid. 3 Sec. 26. Ibid. 8 JamUdau-'Tiis ^^ ^^^^ Candidate names himself as his election agent the o\Mi agent. abovc form may be modified accordingly. Dufyof retiin.- jt ig tlic duty of the Eetuming Officer to forthwith publish the names and addresses of the election agents, and of the situation of their offices or places where claims, &c., may be sent, and neither the candidate or his agent will incur any responsibility if he fails to do this. Appointment of The appointment of an election ao-ent may be revoked at agent may be ■"■ -^ o j revoked, .^jjy time by the candidate, or if the candidate has declared himself to be his own agent, and from any cause desires to retire from that position he may do so, but in either case, or in case of the death of his agent, another agent must forthu'ith be appointed, and his name and address and the address of his office declared in writing as before. This new appointment must be made whether the vacancy has arisen before, during, or ajter the election, so long as any- thing remains to be done in reference to the election.^ Paid election A mdcl election agent, if an elector of the County or agent cannot vote. Borough where the election is for, cannot vote.^ ■whomayjwibe No pcrsou who lias withiu seven years previously been an agent. ./ x .- found guilty of any corrupt practice 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 an election judge or election inquiry com- missioners, can be engaged as an agent for the management of an election or as a canvasser.^ Penalty of em- If any persou is engaged in such capacity by the candi- date personally, with a knowledge of this disqualification, the election of the latter, if elected, is void,^ Agents duty. As a Candidate may be seriously compromised by the acts of his agent, and the latter incur severe penalties by any breach of tlie law, the agent should take the greatest 1 Corrupt Practices Act. 1983, sec. 24. 2 Ibid., schedule 1, part 1. 3 31 & 32 Vict. c. 125, sec. 44. 9 care, on his employer's account as well as Ids own, that he Agent's duty. engages in no questionable proceeding whatever. Agents are continually importuned by over zealous and not over prudent h'iends to do things which, if not absolutely illegal, approach very near to the border line. The agent's duty is firmly to refuse participation in advising or even listening to suggestions of the nature referred to. An agent should constantly bear in mind that his business is superintendence ; he should personally do oio work that can be done by others. He should accustom himself to a calm and quiet manner ; should never be hurried with his work, however much he hurries others ; and, above all, he should never allow himself to become excited during the progress of the contest. It is his duty to organise the various committees and hire committee rooms ; to appoint polling agents, clerks, and messengers ; to draft all circulars and direct the pre- paration of all necessary books, papers, forms, &c. ; to make all payments on account of the election ; to daily examine the general returns of the canvass ; to arrange for the candidate addressing meetings &c. ; and generally to superintend the whole machinery of the election. His place of business should be at the central committee His place of l)iisiue33. rooms, where he should have a room to himself, with a special messenger at the door to take in the names of all who desire to see him. No person except members of the central committee should be allowed to enter this room without the agent's permission being first given. The election agent may in counties appoint one deputy sub agents in election agent (in the Act called sub-agent) and no more, to act within each polling district in his county or division.^ 1 Corrupt Practices Act, 1883, sec. 25. 10 Defaults of sub- All acts, omissions, and defaults, by a sub-agent in his district will be deemed the acts, &c., of the election agent — except, of course, such as entail penal consequences upon the sub-agent personally.^ Name and ad- The name and address of every sub-ao"ent, with the dress, &c , to be . , . . , sent to return- addrcss of au officc, or place, within his district, must be ing officer. 7 j. 7 7 declared by the election agent to the Returning Officer one clear day, i.e. not later than the day but one, before the day of polling.^ This appointment is not revoked by the election agent ceasing to be such. It may, however, be revoked from time to time, in which case, notice of any new appointment must he forthwith given to the Returning Officer.-"^ Form. The appointments may be in the following form : — Form No. 2. Parliamentary Election, 18 Esq., Returning Officer To for the county of I Election Agent of of being the Esq., a Candidate at the above Election, do hereby declare that the following persons have been appointed by me as my Deputy Election Agents to act respectively within the Polling District set opposite their respective names, and that the address of the office or place to which cLiims, notices, writs, summonses, and documents relating to such election within each distiict may be sent, is set opposite the name of such district. Name of Polling District. Kame of Sub- Agent. Address of Sub- Agent. Address of Office or Place where Claims and Notices moy be sent. Dated day of , 18 Election Agent. N.Ii.— This List must be delivered to the Returning Officer not later than the day bid one before the day of poll. 1 Corrupt Practices Act, 1883, sec. 25. 2 Ibid. 3 Ibid. 11 It need scarcely be said that the utmost care must be care in the selection of exercised in the choice of Sub-Agents, as almost any sub-agents. illegal act on the part of a Sub-Agent will void the election. If it is possible to secure the services of profes- sional men in such a capacity, it will be most desirable to do so. It is feared, however, that the limited amount which can now be expended in election expenses will, in many cases, prevent this being done, as it will be impossi- ble to pay them adequate fees, but in other cases, men may be found who will either give their services or accept a nominal fee merely. A sub-aofent, if paid, cannot vote. Sub-agent, if o :> r ^ paid, cannot As it is almost impossible under the stringent rules laid ^'°*''^" down by the Corrupt Practices Act 1883, for an election to be conducted without some infringement of the law for which an application to the High Court of Justice, under the Agents to take ^ '- " every means to 23rd section of the Act, will be necessary, the election PJifctices"''""^'' agent and sub-agents in their respective districts, should take " all reasonable means for preventing the commission of corrupt and illegal practices " in the full spirit of the 22nd section of that Act. To this end the election agent and sub-agents should Notice in News- papers, &c. imTnediately after their appointment print and publish in the newspapers of their districts, or otherwise, a notice to the following effect : — Form No. 3. Form. Parliamentary Election, 188 . I, the undersigned, being the appointed Election Agent {or .nib- Election A(/cn f ) for Esq., a Candidate at the above Election, hereby give notice that in view of the provisions of the Corrui:it antl Illegal Practices Act, 1883, the said Candirlate will not be answerable or accountable for any pay- ment for goods supplied, services rendered, or expenses incurred by any person acting or claiming to act on his behalf, unless such purchase, service, or expense has been previously authorized in writing under my hand. Signed Of Dated 188 . 12 Kinie ami ad- dress of printer to be on all placards. A notice to the same effect should also be printed on Notice on i r • i i •order "forms, evcrv " Order form sent out, as hereafter mentioned, and and in com- "^ iiiittee rooms, sliould be posted up in each committee room. It should be clearly borne in mind that every penny of Expenditure to expenditure, except the candidate's " personal " expenses, be under abso- x^ ' i ■»■ J- ' election ag'eut. ^ust be uuder the entire control of the election agent, who will be responsible that the maximum amount allowed by law is not exceeded. If a candidate or election agent of a candidate (in- cluding sub-agents in counties) causes any bill, poster, or placard, having reference to the election, to be printed, published, or posted, without the name and address of the printer and publisher on the face of it, he will be guilty of an illegal practice. The printer and publisher will be liable to a fine of £100.i The election agent should therefore require a " proof " of every bill, poster, and placard to be sent to him before it is published or posted, and should carefully see that this provision of the law is complied with. It would also be a prudent thing to do, to serve a notice on every printer employed requiring him to place his name and address on every bill, &c., ordered, and warning him of the penalties of a breach of the law. The further duties of the election agent and sub-agents in reference to the expenses of the election ; the employ- ment of clerks, polling agents, and messengers; the hire of committee and other rooms, &c.; will be detailed under the various heads which follow. Agent to ex- amine £ame. 1 Corrupt Practices Act, 1883, sec. 18. ]3 ELECTION EXPENSES. Pakt I.— apportionment. One of the most dilticult matters with which the Election Apportionnifnt ot sum allo« ed Agent will have to deal wdll be the apportionment of the ^°^- Tnaximum snm allowed by law for the expenses of the election, under the different heads of expenditure necessary to the carry iDg of it on. Much qrattdtous aid can, in many cases, be obtained, Gratuitous aid ^ ' J ' ' to be sought. and this should be earnestly asked for from trustworthy friends, not only because the expenses of the election generally will be thus kept down, but because the election agent will be enabled to spend more on other matters con- nected with the election, especially in the event of some- thing unforeseen happening which requires it. The apportionment should be made, if possible, m-ior to Apportionment ■'■■'■ ' 1. ' ± to be made prior the coTnme'ncement of the election, and a record of it kept to election. for use at any moment. After an election has taken place, the actual cost of it should be apportioned in the same manner, and a record kept for future reference. The first step, therefore, to be taken by the awnt is to Amount which ^' ' JO ^.^y^ Ijg legally ascertain what sum can be legally spent in the election. spent. This amount is limited by Part 4 of Schedule 1 of the Corrupt Practices Prevention Act, 1883, and is as follows : — If the number of Electors The maximum amount allowed In a Borough. on the Herjister shall be Does not exceed 2000 £350 Exceeds 2000 £380 And an additional £30 for every complete 1000 electors above L'OOO. 14 In Ireland — If the number of Electors The maximum amount 011 the Refjister shall be Does not exceeil HOO £200 Exceeds oOO but does not exceed 1000 £250 Exceeds 1000 but does not exceed 1500 £275 If the number of Electors on the Jier/ister Does not exceed 2000 The maxiinum amount shall be £650 in England and Scotland. £500 in Ireland. Exceeds 2000 £710 in England and Scotland. £540 in Ireland. And an additixmal&QiO in England and Scotland, and £40 in Ireland for every comjjlete 1000 Electors - above 2000. This maximum sum is to cover the luhole cost of the election, except the Candidate's " personal " expenses, and the charges of the Returning- Officer, which latter are regulated by the 38 and .H9 Vic, c. 84, and are not to be reckoned in the above sums. In the case of the boroughs of East Eetford, Shoreham, Cricklade, ]Much Wenlock and Aylesbury, the provisions of Parts 2, 3 and 4 of the First Schedule of the Corrupt Practices Act 1883, are to apply as if each of such boroughs was a county. Where there are two joint candidates, the maximum amount of expenses allowed shall, for each candidate, be reduced by oner-fourth ; if there are more than two joint candidates, by one-third. It may thus be advisable, where other considerations are equal, to run two candi- dates instead of one, so as to get the benefit of ample funds for more thorough organization, and especially may this be the case if the other side will gain an}' advantage by having two candidates. If one candidate may expend £1,000, two joint candi- dates may expend i'1,500. This may be of material 15 importance in securing* the success of the first candidate, -where, even, there is but a faiut chance of carrying the second. For the purposes of limiting and regulating the expenses a^^mel^M^^ of the election, candidates shall be deemed joint candidates. 1. — Where the same election agent is appointed by them or on their behalf; 2. — Where they, by themselves, or any agent or agents, hire or use the same committee-rooTns ; 3. — Or, employ or use the services of the same sub- agents, clerks, messengers, or polling agents ; 4. — Or, publish a joint address or joint circular or notice at the election.^ It is provided, however, that if the employment and use of the same committee-room, sub-agent, clerk, messenger, or polling agent, is accidental or casual, or of a trivial and unimportant character, they are not to be deemed of themselves to constitute persons joint candidates.'^ A candidate may, of course, come out as an indepen- l;^"^!!!^^ ofeTa^se dent candidate, and may, at any time during the election, (ildatei?''^*^ ^*°' become a joint candidate with another or others, and in like manner he may, if a joint candidate, cease to be such and act independently. In either of these cases, if the maxi- mum sum allowed as expenses for one of two or more joint candidates be exceeded, by reason of his becoming or ceasing to be a joint candidate, then such an excess shall not be considered an illegal practice, as it otherwise would be, provided such excess is not more than under the ■circumstances is reasonable, and the total expenses of such candidate do not exceed the maximum amount allowed for a separate candidate. The allowance of such excess by the High Court or Election Court, as hereafter meu- tioned, will, however, have to be obtained,^ 1 Corrupt Practices Act, 18So, schedule 1, fart 5. 16 Tlie agent having ascertained the maximum amount which can be legally spent in the election, the next thing is to apportion it to the different departments in their order of importance. If a copy of the accounts of a previous election in the same county or borough can be obtained, much valuable assistance may be derived in compiling this estimate of expenses, though in most cases the sums which have hitherto been expended will have to be considerably reduced. The items of expenditure will generally fall under the following heads : — Agent's and sub-agent's fees. Clerk's and messenger's wages. Polling agent's fees. The above are the only persons who can be legalli/ employed for 'payment. Printing and stationery. Bill posting. Advertising. Postage and Telegrams. Hire of committee-rooms. Expenses of public meetings. Miscellaneous. From the widely differing character of the constituencies, the compactness or otherwise of the constituency, the uncertain duration of the contest, the amount of voluntary and gratuitous help obtainable, and the circumstances of joint-candidatures, &c., it is impossible to lay down any rule as to the amount which is absolutely necessary in each case. Fee to election The fee to be paid to the election agent, and in counties to the sub-agents, should be settled, if possible at the beginning of the election, either at a certain fixed sum 17 or on the basis of a certain snni per day or week dnrin<^ the election, inasmuch as the sum to be paid will not only have to be taken into account in apportioning tlie expenses of the election, but so far as circitnistances adrait, these claims for remuneration will have to be sent in to the Keturning Officer in like manner as other claims and payments.^ It is difficult to say what is the precise meaning of the words above italicised, but probably they mean that the election agent's claim is to include only such charges as are properly chargeable against the election fund for con- ducting the election up to the date of the return, and do not include charges for work which may be required to be done subsequently, and was unforeseen when the return was made, Ex. gr : many of the claims sent in to the Candidate or Election Agent may be disputed, and the latter may have much trouble in investigating them, or getting them allowed or rejected, and, for the time and labour bond Jide expended, it is assumed the agent can afterwards legally charge, and these charges will not be " on account of or in respect of the conduct or management of the Election.''^ The amount of the fee should also depend upon the election agent (including sub-agents in counties) con- fining the expenditure within the legal limits. If the expenditure exceeds the maximum sum allowed by the Act, the agent's fee should be reduced accordingly. The experience derived from the Borough Elections which have taken place since the Act came into force shows that this can be done ; and as the agent has the entire control of the expenditure, it will not be difficult for him to prevent an}; excess. 1 Corrupt Practices Act, 1883, sec. 32. 18 In Counties sub- A sul)-asfent iieecl not be appointed for every pollinof agent may act *=> ^^ J i o iortico or more district of a countv Or division. The same agent may act districts. -' . o J for tiuo or morepollingdistricts, but lie. should be se/>rt7'a^e^2/ appointed for each, and his address in each polling district given. ' wahes to clerks The number of clerks and messengers who can be retained iunl messengers. " for payment is limited by the Corrupt Practices Act, 1883. If pcud, cannot Thev may be voters or non-voters, but the former cannot vole. " -^ vote, and on this account should not be employed, if it can be avoided. Unpaid clerks ]Much gratuitous assistauce may frequently, however, be and messengers c> j i j ^ ' obtained from zealous friends and their sons, clerks, &c., who will gladly give their assistance for a few hours in the evening, when their services can generally be made avail- able. A list of these volunteers, with their addresses, should be prepared, so that they may be sent for on an emergency. The list should also be headed with a declara- tion of the persons named in it to give their services gratuitously, and should be signed by each. The following form mav be used : — List'- Form No. 4. Piuiiamentary Elec lion , 18 IMoisrs. SM[TH and JONES. List of Vohiuteer Clerks (or Messoif/cr.^). We, thu nndersignod, do licreby respectively ] lace our services at tliB disposal of Mr , the election agent of the above candidati^, as clerks (or messenyerfs), without payment or ))ri)mise of payment of any kin 1. Name. Address. Signature. Date. 19 There is, of course, no limit to the number of clerks or Can vote, messengers who can thus be employed, and they can, if voters, vote at the election. The number of paid clerks and messenarers allowed by '^^mh?r of jiaid ->■ s J clerks and ines- the statute are as follows :— sei.gers allowed. IN BOROUGHS. Whore 500 electors and under 1 clerk, 1 messenger. Above 500, and not exceeding 1,000 2 clerks, 2 messengers. Above 1,000, and not exceeding 1,500 3 clerks, 3 messengers. Above 1,500, and not exceeding 2,000 4 clerks, 4 messengers. And so on, one clerk and one messenger being allowed for every complete 500 electors, and for any remaininent may employ his and Liiw " j i j cferkT."^"' <^^^"i^ regular staff of clerks to assist him in matters con- nected with the election, but the remuneration to these persons must be included in his fee and not charged to the 1 C. p. Act, 18?r!, scliedule 1, pari 1, sub-sec. G. 21 <;andidate. Such clerks, however, should not be placed in charge of ward or district committee-rooms, and must not be engaged specially for the election. Upon the same principle a law stationer may be employed to address envelopes, send ont circulars, prepare canvass books, and generally to do copying work usually done in his business ; and in many cases this course will be cheaper and speedier than employing clerks. His clerks will not be considered " clerks " within the Act of Parliament, which seems to apply to clerks in charge of committee-rooms, and specially •engaged for the election on behalf of the candidate. His bill will not, of course, be for the S3rvices of specified •clerks, but for so much work done by him. These clerks, May vote, if voters, will not be debarred from voting. The paid clerks may be used in any part of the borough May be used in ^ •' '' *• ° any part of or district, and may, therefore, be first employed in the ^^^^.^""^ """ *^'^' central committee-room to send out the candidates' addresses, and prepare the canvass books and other papers, and then drafted off to the ward or district committee- rooms, as required. The number of pollinof aofents is limited to one for each Fees to polling ■T o o agents. polling station.^ It will be seen under the head of " Polling Agents " what are the duties of the office, and duties of office, what sort of men should be selected to perform them. Much gratuitous aid may be obtained from zealous friends. Gratuitous aid. as their duties are limited to the day of election only. The election agent must, however, arrange his list of polling agents as early as possible, as the fees to those requiring to be paid must be taken into account in esti- mating the expenditure. The usual fee, where the agent resides near to the usuai fee. polling station, is half a guinea. A jjaid agent cannot f^^^^l^^^^^ vote.^ 1 C. p. Act, 1883, schedule 1, part 1. 00 Expenses of The expeuse of printing is one of the most important stitionery. items in the cost of an election, and, unless kept down by care and forethought and unceasing control, may upset all the calculations of the election agent, and land him in the serious position of having spent most of the sum allowed for the election long before the day of poll. It should be a cardinal maxim with the election agent — 1st, to dispense with as much printing as possible; and, 2nd, to limit that which must be done to what is absolutely necessar}'. As many of the forms used in elections are only required in small quantities, it is better to procure these ready printed; or where one or two only are required to copy them out on foolscap paper. A glance at the list of forms will show these, and the election agent can generally olitain them, by a return of post, at a less cost than any single form can be procured in the ordinary way. Of course, if a great number of forms are necessary, it will be cheajDer to have them printed with the headings^ &c., inserted. ArraiiK»ments ly^ nianv cascs arrangfements may be come to with the witli other side •' o J aii.radvertVse- othcr side for only a limited number of candidates' addresses, placards, &c., being used, and that they should not be interfered with when posted. A similar arrange- ment might also be made with reference to the length and number of advertisements. ^"il^d^"^ '■®" The first question Avill ])e as to the oiumber of forms, placards, handbills, &c., which will be required, and these will, of course, vary according to the numbers of the constituency and the extent of the borough or district. A few more than is necessary at first should he ordered, as some will require replacing from time to time. Tenders. In evcry case a tender should be obtained, and, if there 23 is time, from more than one person. It is an exceedingly good plan to obtain tenders from time to time, somewhat in the following form, the same to be in force for a year from date : — Form No. G. T, the luidersigned, hereby oft'er to supply the various jirintcl matter, hereinafter mentione:!, at the pric3s quote;!, and with all re.isimable and prompt ddspatch. Quantitie? to be not less than one-half thos3 mentioned, and qnotatious to be in force for 12 months from the date hereof. The amount of printing on eich document not to be strictly limited to that on the specimens, but to bo within reasonable limits of the same. No. of Speci- men. Desoriptioii of DocHment. No likely to be required. Size. Pri.e. £ s. rl. 1 2 3 4 Headed Note Paper Candidate's Address Do. do. (small) Do. Meetings 1 ream oOO 10,000 300 8vo. ( 3 Sheet ) < Double > ( Demy j Demy 8vo. Double Demy per ream ptr 100 per 1000 per 100 And so on. Night work Coloured ink or paper Dated this per cent, extra, do. do. 1884. Signed, The following is a list of prices for the ordinary reqairementis of an election, and it may serve as a guide to an agent in making his contracts. They have been based upon estimates supplied by several 24 firms, and include a fair and even liberal profit to the Printer :— PRICES FOE, ORDINARY HANDBILLS, PLACARDS, AND POSTERS. Quantity. Demv Rvo. 8J '.'hJ in. Drmv Folio lli Vlll in. Dcmv 17J - -.iJJ in. lJl)Ie. Demy 35.i •- 2-2J ill. 3-sheet Dble. Demy 67i X 35J In. 100 3/6 10/6 17/6 27/- 80/- 250 5/- 16'- 25/- 33/- 100/- 500 8- 22 - 32- 63/- 180/- 1000 12/- 1 30/- 50/- 95,- — 5000 1 32 6 — — ' — ' i — 10,000 50/- 1 — 20,000 80/- — — 80/- — Erery additional 1000 1 25- 45- — Red Ink Other Colours Coloured Paper Night Work (Say) 30 per cent, extra. „ 10 „ 10 ., 50 ;, The cost of composition in the case of Election Addresses and other Placards requiring a hirger amount of type would be additional. Bill posting. It is au illegal practice to ^9rt?/ or contract to pay an elector for the exhibition of any address, hill, or notice relating to the election, unless it is the ordinary business of the elector to exhibit bills, &c,, for payment, and such payment or contract is made in the ordinary course of his business.^ Free of charge. In most cases, cxccpt in large towns where hoardings have a certain value, and are usually hired by bill posters, whose ordinary business it is to let out spaces for hire, the election agent will have little ditliculty in proctn-ing per- 1 Corrupt Pr;ic-tces Act, ISS.", scu. mission to have the election addresses, bills, and notices posted on fences and the walls of barns, stables, outhouses, &c., without charge. Most innkeepers and beersellers will also permit bills to be exhibited in their houses or in the windows in like manner ; and the election agent will, of course, take care that they are plentifully exhibited in the windows and about the doors of committee rooms, party clubs, &c. If, however, there is a lack of suitable places, rough boards may be nailed together and the addresses, &c., posted upon them, and permission sought to exhibit them in gardens or other enclosed spaces of friends. A list of the places where they can be thus exhibited i-'-^* *» ^e made, gratuitously should be made as early as possible, and a copy given to the bill poster. A notice should also be placed on every posting station, of which the use is specially granted, to the following- effect : — Form No. 7. Notice is hereby given that this posting station is private pro- perty.^ and any person posting bills, or tearing down, defacing, or otherwise injuring bills posted thereon without my permission first obtained, will be prosecuted according to law. Dat3d this day of 188 . Election Agent for etc. Similar arrangements should be made for each polling in counties. district of a county. Payment will, of course, have to be made for advertis- Advertising. ing, but it can only be made under the same conditions applying to bill posting, i.e., payments and contracts can only be legally made to and with electors whose ordinary business it is to receive advertisements for payment.^ 1 Corrupt Practices Act, 1883, sec. 7, sub-sec. 3. 26 111 counties Postages and telegrams. The advertisements necessary for the election cam- paign should be carefully considered beforehand, and the charges for the same arranged. The followinsf form may be useful to the election nsfent in settling the expenditure under this head : — FoRAi No. 8. Name of Newspaper. D'-acriptisn of Advertisement. Number of Insertions. No. of Lines (about). Cost (about). 1st week. 2nd. 3rd. 4th. £ s. d. / Candidates' ad- 1 '- dresses. •' /List of commit- 1 I- tees. ' J List of commit- I ^ tee rooms. > } Notice by Elec- 1 •^ tion Agent. •' J Noticesof public 1 ^ meetings. ' j Notices to voters I •^ removed. > In counties a similar estimate must be obtained for each district. In cases where the candidates' addresses, circulars, &c,, are sent by post, they may be sent under cover of a half- penny wrapper, but in cases where a circular is enclosed, which the voter is requested to return, the latter must bear a jjenny stamp. Telegrams are an expensive mode of communication, and should never be resorted to except for matters of gi'eat urgenc}'. Post cards can, in many instances, be safely used. In a borough constituency of nearly 11,500 electors the cost of postage was £82 10s., or less than 2d. per head. The election lasted three weeks, and the candidate's address and the voting cards were sent by post, but no return cir- culars were enclosed. In another boroug]), with nearly 8,000 electors on the register, the cost was about l|^d. per head. The arrangements for committee rooms sliould be made ^'}'<: f^f Com- o luittee Kooins. as soon as possible, and a list of them made. In places where there are no ward or district associations, or permanent political clubs, the local committee should be directed to seek out a suitable room, or rooms, and these q^,^, ,,p j^^^^. should be as near to the polling stations as they can be got. 'Nations. Very often friends will lend an unoccupied room, or house, and others will provide some rough furnitiire, or the room can be hired and the furniture lent, or vice versa, and in either case a saving will be effected. If neither can be done then the election agent will have no alterna- tive but to hire both. There is no limit put to the number of committee ^;^ ■''"'*. t?"^'* '■ ot committee rooms which may be used girituitously, hnt no :pfl2/''^^672i ™°"yij®"gj can be made or expenses incurred. In a Borough: — For more than one committee room, unless the ^iimb^ ' allowed to lie number of electors on the Register exceeds 500, payment. and then the same number of committee rooms are allowed as paid clerks. Ix A County: — For mo7'e than one central committee room and one committee room for every clerk legally em- ployed for payment in each polling district. No comnjittee room ivhatever must be on premises : — where com- ^ mittee rooms 1. Where the sale of intoxicating liquor is authorized by a license, whether wiiolesale or retail, or for consumption on or off the premises.^ 2. Where intoxicating liquor is sold or supplied to members of a club, society, or association, other than a permanent political club. 1 C. p. Act, ISfeC, see 20. must not be used. 28 Objects of Act. 'V\niat are " premises.' Permanciil political cluls 3. Where refreshment of any kind, whether food or drinl; is ordinm'ily sold for consumption on the premises,^ or 4. Within any public elementary school in receipt of an annual Parliamentary grant. The object of the first three su]>-sections is to prevent treating, and of the last to prevent Church and other schools under the Education Act being used for party pur- poses. If a school is a private venture school, or an endowed, or other school not receiving the annual Parlia- mentary grant, it may be used as a committee room, and either paid for or not, as can be arranged. It will be noticed that no committee room can be used on the ^^ premises " of any of these establishments. A proviso to the above section, however, permits 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, to be used, if such part has a separate entrance and no direct communication with any part of the preinises on which intoxicating liquor or refreshment is sold or supplied.^ It will thus be seen that not only are rooms at inns, beerhouses, and refreshment houses (including eating houses) prohibited from being used as committee rooms, ])ut chambers and offices are prohibited if access to them is through or over any part of the premises mentioned in the sul>section. An asseml^ly room, therefore, to an hotel could not be used if access was through the yard of the hotel and the entrance to the room was direct from the yard. A "permanent" political club is a club not originated foi- llio purpose of the particular election, but a club founded with the 6ona ^cZe object of being continued for 1 C. p. Act, 1883, sec. 20. 29 an indefinite period. If such a club meets, however, at an hotel, or other place where food or drink is sold, its rooms cannot be used as committee rooms. The expression "committee room " does not include any what meant by "committee house or room occupied by a candidate at an election as a loo™- " diuelling, by reason only of the candidate there transact- ing business with his agents in relation to such elec- tion.^ Thus a candidate staying at an hotel may see and transact business with his agents in his rooms there, but he must be careful not to see electors generally, or to allow any other election business to be transacted there. No room or building is to be deemed a committee room within the Act by reason only of the candidate or any agent of the candidate addressing therein electors, com- mitteemen, or others.^ Thus, public and other meetings to address the electors, meetings of committeemen to receive instructions from the candidate or election agent may be hi 'Id and deputations of electors and non-electors may be received in hotels, clubs, &c. ; but as there is much danger of thoughtless acts being done in such places, by persons who may compromise the candidate, it is much better to have all meetings of committeemen and receptions of deputations at the central committee room. Where it is pi>ssible, even public meetings should not be held on licensed premises. A committee " room " does not necessarily mean a single room, but if more than one room is used they ought to be adjoining rooms, and must be in the same house or building. Every committee room hired on behalf of the candidate 3histhehired by election must be so hired by the election agent, personally, in '"i^'ent or boroughs; and by the election agent or sub-agents, per- sonally, in counties. The agreements for hire should, in 1 C. p. Act, ISfS, sec. 64. sub- 30 every case, be in writing, and should include all charges for fires, lighting, cleaning, attendance, &c,, so that the agent will know the precise amount he will have to pay, and not have his calculations upset by claims being made upon him for matters he had not anticipated. The following form may be used : — Form No. 9. AGREEMENT FOR HIRE OF COMMITTEE ROOM. Parliamentary Election, 188. . , I haiug Election Agent (or Sub- Agent) for a Candidate at the above election, do hereby agree to liire, and I of do hereby agree to let, in consideration of the sum of paid to my the said the premises at to be used, antil the close of the poll, a.s a committee room for the said Candidate at the above election. The above sum includes the cost of fire, lighting, and cleaning, and all other charge.-. ( Signed 61. i Witness Stamp. (-Signed (.Witness In cases where a committee room is held inapermenent political club it ought to be clearly and distinctly under- stood that the room or rooms, to be used are, during the election, to be under the exclusive control of the election agent, and that, under no circumstances whatever, is food or drink to be introduced therein. If the authorities of the club grant the free use of the room it ought to be by a formal resolution at a meeting duly convened, a copy of which resolution should be sent to the election agent, and acknowledged l^y him, subject to the above named con- ditions. If payment is to be made to the club either for the use of the room, or for fire, lighting, &c., such payment should 31 "be unexceptionally reasonable in amount, and such as might be fairly made to any person for similar accommoda- tion. It would be prudent also to have such agreement in writing, and the following form may be used or adapted as circumstances require : — I'oRji No. 10. Parliamontary Election, 1 88. . . AGREEMENT FOR COMMITTEE ROOMS IN CLUBS. I the Election Agent (or Sub- Agent) for Mr. a Caudiilate at the present election, do hereby agree to hire a room within the Chib in the description and position of such room is known and described as 1 he said room to be used as a committee room for the said Candidate at this election until the close of the poll. And I acting on behalf of the Committee of the Club, do hereby agree to let the abov^e-mentioned room for the time stated, in consideration of the payment of the sum of this amount includes every charge for coal, gas, water, and cleaning ; and the said and his agents and committee shall have the entire use and control of thesiid room ; and the members of the Club shall not in any way interfere with the use thereof. As witness the hands of the parties, this day of 188 Name of Witness Signed Election Agent. Signed On behalf of the Committee of the Club. The number of public meetings which it is thouoht expenses of ■'- ° '^ public.: desirable to hold should be carefully considered, and, as "leeUnKs. far as possible, arrangements made as to where they are to be held. They may be held anytvliere, but where they are held on licensed premises a notice to the following effect should be griven to the landlord : — Form No. 11. Parliamentary Election, 188... NOTICE TO LICENSED VICTUALLERS. (When Licensed Premises are used for Public Meetings.) 1> the undersigned, being the Election Agent, for a. Candidate at the above election, hereby give you notice that the said Candidate will not be answerable or accountable to you for the cost of any meat, drink, entertainment or provision supplied by you to any person acting, or claiming, or pretending to act, on behalf of the said Candidate in connection with the said election, nor for any expense other than the sum agreed upon (viz., £ : : ) for the hire of the room used by the said Candidate for the purpose of addressing a public meeting of the electors at your house. Dated 188 Signed To Mr. The following provisions of the new Elections Act apply to offences committed in i-egard to licensed houses : — Treating. Sec. 1. Whereas under section four of the Corrupt Practices Act, 18o4, persons other than candidates at Parliamentary elec- tions 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 follows : — (1.) Any person who corruptly by himself or by 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 providing, any meat, drink, entertain- ment, 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 v-oting, or being about to vote or refrain from voting at such election, shall bo guilty of treating. (2) And every elector who corruptly accepts or takes any such meat, drink, entertainment, or provision shall also be guilty of treating, COMMITTEK POOMS. Sec. 20 (a.) Any promises on which the sale by wholesale or retail of any intoxicating liquor is uthorised by a license (whether the license be for consum[ tion on or ofi' the premises), or 33 (b.) Any i^remises where any intoxicating liquor is sold, or is supplied to members of a club, society, or association other than a permanent political club, or (c.) Any premises whereon refreshment of any kind, whether food or drink, is ordinarily sold for consumption on the premises, shall not be used as a committee room for the purpose of promoting or procuring the election of a candidate at an election, and if any person hires or usas any such premises or any part thereof for a committee room he shall be guilty of illegal hiriiiy, and the person lettinr/ such premises, or part, if he knew it was intended to use the same as a committee room, shall also be guilty of illegal hiring. Sec. IX. (1.) A person guilty of an offence of illegal payment, employing or hiring shall, on summary conviction, be liable to a lino not exceeding one hundred pounds. Offences by Holders of Licenses. Sec. 38. With respect to a person holding a hcense or certificate under the Licensing Acts (in this section referred to as a licensed person) the following provision shall have effect : — («.) 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 i^roper register of licenses. (b.) If it appears to an election court or election commissioners that a licansed 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 Prosecu- tions to bring such report before the licensing justices from whom or on whose ceitificate the licensed person obtained his license, and such licensing justices shall cause such report to be entered in the proptr register of licenses. (c.) "Where an entry is made in the register of licenses of any such conviction of, or report respecting, any licensed person as above in this section mentioned, it shall be taken into consideration by the licensing justices in dttermining whether they will or will not grant to such person the renewal of his license or certificate, and may be a ground, if the justices tliink fit, for refusing such renewal. D (9.) Where the evidence showhig any corrupt practice to have been committed by aiiy licensed person is 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 tliis 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. If payment is to be made for the use of the room, the sum to be paid should be agreed on beforehand. The sum limited for miscellaneous matters is £200 for ?ll^^f.':,Vr'^"^''' every eonstituencv.whatever the sizeof itmay be.unlessthere are joint candidates, wlien this sum is proportionately in- creased. In small constituencies the allowance is a large one, but in large constituencies, like those of the Metro- politan Boroughs, it is a very small sum indeed. It is intended to cover small charges, such as travelling HefiMiiiiiciitP. expenses, cab hire, parcels, &c. Refreshments to clerks and others, bona fide engaged in carrying on the election, are not prohibited^ and might be paid out of this sum, but as the providing of such might lead to abuse, it will be better to pay a slightly increased rate of wages, and allow the clerks to provide their own refreshments. Election Ex- Having arrived at the amounts to be approximately jKjiises Book. allowed under each head of expenditure, the election agent ould prepare a book ruled and headed, as follows : — 1 Wcitiniiister, 1 O. and U. Case, 01. Brailford Cate, Ibid, 39. 35 A O P3 O o o o M Q rr |2i W <1 J/J a H ><1 1— 1 W § ^ crj O 1— 1 . H w O ^ m P^ 02 W S ro o an 111 Postage and Telegrams. Advertising, Bill Posting. Printing and Stationery. eg ■ •aj C so 5 S3 3G All orders to be ill writing. At the top of the first page, the election agent should enter, under the various heads, the sums he has apportioned to each, and then rule a broad line underneath the entries. An invoice of everything ordered by him should invariably be delivered with the goods, or rendered once or twice a week, and the charges therein entered into the expenses book daily. These expenses shovild also be added up in pencil and carefully scrutinized by the election agent, 'personally, every day. He will, of course, compare them with the apportioned amounts, to see that he is keeping within the expenditure. It may be he will find he has allowed too much under one head and too little under another, but as all the items except that of " miscellaneous " are discretionary and interchangeable, he can regulate his outlay accordingly. A similar account must, in counties, be provided for the central committee room and for each polling district. It will be seen that the above account only contains the growing expenditure, which it is necessary the election agent, and sub-agents in counties, should keep constantly under supervision. The agents, sub-agents, and polling agents' fees will generally be fixed sums and must, of course, be taken into account in apportioning the maximum amount allowed for election expenses, but beyond this, they need not be entered in the expenses book. A margin, of (say) 5 per cent, should also be allowed for unforeseen items. A cash book must, of course, be kept, in which all 2)ayments should be entered as made, and these should be totalled up each night, and any item not entered in the expenses book, must be entered therein. All orders, whether for goods, for the insertion of advertisements, or for any other disbm'sements, should 37 be in writing and signed by the election agent or snb- agent. The following form may be used : — Form No. 13. JS'o. ^ Varliamcntarij Elccthm . Vaxm. of order 2H book. ^"'^^ ^ Committee lioomi^, Street, as Ordered from gg No, i , „ '''" ^ Please supply for the purposes of the above ^ Election IS ^ Election Agent m M Mr. m ^ N.B. — No payment will be made for goods sup- ^ pliod, services rendered, or expenses incurred unless ^ such bas been previously authorized in ivriting under w niy hand. §8 A priced invoice must accompany £rery delivery SS of goods. The order book should be compared daily with the Election ex- '- " penses book to expenses book, to see what orders have been completed, o^der^book ^^ and that proper prices have been charged. The uncom- pleted orders and contracts should also be taken into the account of expenditure from day to day, but not entered in the expenses book until completed. The election agent may authorize any person to pay any Eketion agent necessary expenses for stationery, postage, telegrams, and *^°nt*of^"ett"^' other petty expenses to a total amount not exceeding that expenses. named in the authority, but any excess above the amount so named, must be paid by the election agent. This authority riiust be in ivriting, and it need scarcely be mentioned that the greatest care must be taken that it is only granted to thoroughly reliable and trustworthy persons.^ 1 C. p. Act, 1883, sec. 31. 38 The following form may be used :- Form. Form No. 14. Parliamentary Election, ] 88 AUTHORITY FOK PETTY DISBURSEMENTS. I, the undersignecl, being Election Agent for a Candidate at the above Election, do hereby authorize Mr. of to incur and. pay any necessary and legal charges for stationery, postage, tele- grams, or other petty expenses in respect of the conduct or manage- ment of the above election, to an amount not exceeding pounds shillings, particulars of which jiayment are to be rendered to me by him within fourteen days after the election, and to be vouched for by a receipt, in accordance with the provisions of the Act 46 and 47 Vic, Cap.-')!, section 31. Signed Date 188 (N.B. — No other expense must be incurred without the election agent's wriften sanction, nor must the authority given above b& delegated to anj^one else.) "Weekly accounts should be sent in to the election agent of the wages due to every person employed in and about the election, those from the ward or district committees verified by the respective chairmen of those committees. In a borough, a trustworthy clerk should daily visit each committee room to inquire what things are required ; should make a memorandum of what is wanted, and supply the same under the directions of the election agent. If any thing is wanted on an emergency the person entrusted with the above authority should pay for it. Actual cost of IL may be useful to state that at the York and Ipswich tionsperiieati. elections, which have both taken place since the Act of 1883 was passed, the expenses per head have ranged some- what as follows. At York, with an electorate of 11,395, and the election extending over three weeks, the expenses (exclusive of the returning officer's fees and the candidate's personal expenses) were for — Weekly accounts of wages. Visiting clerk. 39 Election agent's fees Clerks Messengers Printing and advertising Postages Rooms for public meetings Committee rooms Miscellaneous about 2d. per voter. „ 2d. „ » id. „ „ 3d. „ „ nd. „ „ Id. „ „ Ud. „ ,. Id. At Ipswich, with a constituency of 7,914, and the election lasting about the same time, the cost per head was for — Election agent's fees Clerks Messengers . , Printing and advertising Postage and telegrams Rooms for public meetings, &c., Committee rooms . . Miscellaneous about 3d. per voter. from 2d. to 3d. „ about ^d. ,, „ 5d. „ „ lid. „ '^1 from ^d. to l|d. „ about ^d. ,, ELECTION EXPENSES. Part II.— WHAT ARE. By the 28th section of the Corrupt Practices Act, 1883, IJ^.^y^J^,,: no payment and no advance or deposit can be legally made by any person at any time, whether 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 of the candidate, whether acting in person or by sub- agent.^ By the above section of the statute it appears clear, therefore, that no expense can be legally incurred by anyone in respect of what are really election expenses, Elec- iises. 1 C. P. Act, IPS.*?, sec. 28. 40 unless such are incurred by the election agent, or his sub- agents, or by their written authority, and are included in the maximum amount allowed for the election. "Person'- in- The Word "person" in the foregoing: section includes a eludes clubs aiKl ^ o o associations. ^jj^]^ q^ association ;^ therefore no club, or political, or other association can legally expend money in preparing for a particular contest, though there seems to be no objection to the expenditure of money in furtherance of the general organization of the party, irrespective of an election, if the work done is not such as is necessarily required to be done in an election. Thus, the cost of a survey of a borough or district made during the existence of a Parliament, and with the view of placing voters on or removing them from the register, would not be considered part of the election expenses, though made in anticipation of an election, but the cost of a canvass of a borough or district in the interest of a particular person who had consented to become a candidate might be, though no election was then imminent <:)r likely to become so. It is submitted, moreover, that the cost of a requisition to a person to become a candidate, Avho afterwards accepts the position, would form no part of the election expenses, any more than the expense of holding meetings to select a candidate would. In fact, the prohibition of payment seems to extend merely to those matters and things which a candidate would ordinarily have to pay after he had become such, either expressly or l)y implication. It would appear also that any person might incur expenses in preparing for an election if there Avas no candidate selected or election agent appointed, provided such expenses were afterwards paid by the candidate or liis election agent, and incuided in the maxinuim expenses allowed. This would meet the case of a sudden vacancy Requisition. Expenses may he incurred if paid by candi- date or agent. 1 C. P. Act, 183", sec. 64. 41 where no candidate having been selected, it was considered desirable, in order to save time, to proceed with the preparation of canvass books, &c. It will be observed that the words of the above section, may be K?ve!f coupled with those of the 8th section, are directed against f"'-"''"y^"'-P°^«- the payment of money and the incurring of expenses on account of or in respect of the conduct or management of the election. If persons, therefore, are willing to give their time and labour gratuitously they may do so, and may be employed to do anything in connection with the election. Thus, volunteers may be employed in the preparation of canvass books, ward books, &c., if the books themselves are included in the election exjDenses. On the ?;ame principle the registration survey books, ward books, Eegistration, ■^ ^ "^ ^ ' 7 survey, and registers, street lists, &c,, of a club or association may be °*'^^'' '^°°'^^- placed at the disposal of a candidate either gratuitously or for payment. If they are lent or given gratuitously, a formal resolution to that effect should be passed by the committee of the club or association, and duly entered in their books. If they are sold or hired to the candidate, it should be for a fair and reasonable sum, and not for a nominal or colourable one. It may be observed that if i^eturned?"^*^ ''^ registration survey books are lent to a candidate, they ought to be carefully returned after use as canvass books, as the information obtained on the canvass will be most valuable for registration purposes. These books should be labelled " Registration survey book," " Eegistration ward book," &c., &c., and spaces should be left in them in which columns can be ruled for the marking of pledges. Of course the expense of ruling the books vrould, if paid for, be an election expense. It need scarcely be mentioned, after what has been ^SiptSis. stated above, that a candidate's subscription to a club, or registration, or other association, if reasonable in amount Meetings, &c. 42 and o-iven bond fide and without any intention of corruptly influencing voters, would not only be legal but would form no part of the election expenses. In like manner the expenses of meetings held during the time a seat is filled, for the pm-pose of hearing the member or the intended candidate, would not be con- sidered election expenses, tlie latter, as before mentioned, extending only to expenses which naturally arise from the conduct and manageinoit of the election itself. Books, papers, fee, tor caiivivss. THE CANVASS. Very much of the success of an election (especially since the passing of the Ballot Act) depends upon a well- organized canvass thoroughly carried out. It is, there- fore, important that the object of the canvass should be constantly borne in mind, not only by the election agent but by the committee and canvassers. The object of the canvass is to ascertain (1) how those electors whose minds are made up intend to vote, (2) how those electors whose minds are not made up may be legiti- mately influenced. The manner in which this object is to be carried out, and the bearing it has on the election we will now endeavour to explain. In the first place the agent will have to provide himself witli the following books and forms, viz. :— 1. Register of voters. 2. Ward or district books. 3. Out voters list. 4. Non-resident voters' list. 5. Canvasser's canvass book. 6. Canvasser's retmTi sheets. 7. Removals list. 8. Ward or district return sheets. 43 9. Central committee's canvass ledger. 10. Canvass cards. 1 1 . Circulars, &c. 12. Instructions to sub-agents. The use of each of these will be explained in detail. 1.-REGISTERS OF VOTERS. These will be obtained from the town clerk or clerk of useof-Registers of Voters. the peace, or other person who has charge of the Parlia- mentary roll. They are charged for at the following rate ^ : — Not exceeding 1,000 names Exceeding 1,000 and not exceeding 3,000 Exceeding 3,000 and not exceeding 6,000 Exceeding 6,000 and not exceeding 9,000 Exceeding 9,000 s. d. 1 2 6 5 7 6 10 A few copies only will be required at first, viz., two oi* three for the central committee room and one for each ward or district committee room. One of the former and the jMvt relating to each ward or district of the latter, should be ruled in the margin with as many columns as there were candidates at the last election, and headed with the names of the then candidates thus — Smith. Jones. Brown. 1 Robin- son. New Voters. 1 6 Vic, c. 18, Sched. D. 44 and a mark thus (/■) should be placed against the name of the voter and under the name of the candidate for whom he then voted, if known, or pledged himself. Should the voter not have voted or pledged at the last election, or if it is not known how he voted, then his politics, if known should be described by the letter C, M, Z), &c., to indicate that his leanings are Conservative, Radical, or doubtful, as the case may be. Ti^k'^d^ The object of the marked register is to give the various Kegister. committccs somo indication of the manner in which each voter should be approached when being canvassed, as that he is a known friend or opponent ; that he is favourable or otherwise, or that nothing is known of him. Xow that the Ballot is in force, it may be difficult to note precisely how each voter votes under it. A practised election agent will, however, be able to make a tolerably correct return from the way in which a voter has hitherto been accus- tomed to vote; from the pledges he has given, and from his associates, expressed opinions, &c., &c. It will therefore be very necessary to retain this form, bearing in mind the object for which it is intended. 2.-THE WARD OR DISTRICT BOOK. ^se of 'tvarfi or xiie Ward or district book is a list of all the voters district books. entitled to vote in that particular ward or district. It should be made out according to the order of the streets, etc., and can generally be conveniently compiled from the rate book. It should be made foolscap size, two sides to a page, paged throughout ; the name of the street placed at the top of each page with the No. of the canvasser's book containing the names on that page noted at the top thus— 4,-i O o « xn i/3 ;> P^ H m O a I— I P3 W 5 Thomp- son. c o J m No. of House. Name. 6 d 'So ^ Polities of new Voters. Voted or Pledged, 18 1 'o « 2 d O 1 Jones. Smith. 1 •0|J aATfsajSOJj 46 The spaces between each name should be wide and distinct, and, where a street ends, two or three lines should be left before the name of the new street is written. An index of the street should then be made and written at the beginning of the book, with references to the pages where each street, or parts of it, appears. In some boroughs the provisions of the 41 and 42 Vic. Cap. 26, sec. 21, have been adopted, and the registers are made out as the names of the voters appear in the rate book ■i.e., in the order of streets. This is a most convenient arrangement, as by interleaving the register and ruling in the margins, a ward or district book can be quickly made. In such case the progressive number will also be the register number and the former column can be dispensed with. 3.-0UT VOTERS LIST. Ill counties. In couuties this is a list of voters who appear on the register for the county or division where the election takes place, but who reside elsewhere. In order to have them canvassed, it is necessary to extract their names from the register and arrange them imder those of the nearest towns to their residences, from whence they can be canvassed by the party agents. It may be mentioned here that paid canvassing is not permitted, and therefore it is highly necessary that party agents should undertake this work for each other gratui- tously. They should remember, moreover, that the success of their party in other places is at least only secondary to their own ; in some cases it may even be of greater impor- tance. The Avork, therefore, should be done in a thorough manner, and not in the perfunctory way in which it often Out, v<.(eis is done. It is a good plan to appoint a small committee, roniliiUtee. i i • i i • \vifli a clerk, to attend exclusively to their own out- 47 voters, as well as to those received from other places, and they act, in fact, jnst as if they were in charge of the can- vass of a polling district. It is very desirable that this list should be made out and the out-voters' names sent to the other districts as early as possible, especially during a general election, so that the latter, or the out-voters' committee, may arrange for the canvass of the whole of the out-voters of the different coun- ties or districts being done at the same time., A good registration agent will have these lists prepared for registration purposes and corrected every year. If a loan of these can be obtained they can be verified and copied, and much time gained in doing so. If, however, they have to be made out from the register, it is the best plan to extract them on loose sheets, headed separately with the name of the town, &c., they are intended to be sent to, and three or four different towns l)eing taken at one time, to thus go through the register until the names of the out-voters are exhausted. The following form may be used :— FOKM No. I-'). Parliamentary Election, 18 Messrs. SMITH & JONES. OUT VOTERS. To be Canvassed from Polling District. No. on Register. Supposed Politics. Voter's Kanie. Address Pledges. Remai ks N.U -This list to be returned to [yiame and address of Election Af/ent'\. 48 la boroughs. In boroughs a somewhat similar list must be preparer! of those voters who have removed from the borough, as they are entitled to vote so long- as their names appear on the register, whether they possess the qualification or not.' A copy of the lists sent out, with the dates when sent, should be kept, and the election agent or committee should go over it from time to time to see that returns are being duly made. 4-NON-RESIDENT VOTERS LIST. In counties and This Hst is applicable botli to counties and boroughs,. boroughs and is a list of voters who have qualifications in one ward or district but whose residences are in another ward or district of the samie county, division, or borough. If they reside altogether out of the electoral boundary, their names are placed in the out-voters' list. Object. The object of this list is that the voter shall be can- vassed at the place where he is most likely to be found j hence though a voter may happen to reside out of the ward or district, or even out of the county or borough, he may have works, an ofhce, shop, &c., within the ward or district, and may easily be seen there, in which case his name should be omitted from both the out-voters' list and this list, and he should be canvassed in the ward or district in which he polls. It is a fundamental rule that the committee of each ward or district must see to each voter whose name appears in their part of the register of voters being properly can- vassed. With regard to out-voters, they must make enquiries from time to time at the central committee room, where the out-vottrs' lists are usually dealt with, as to the progress which is being made in their canvass, and as to non-resident voters, they must themselves see to the 1 ."Jo and :y> Vic, cap. 33, sec. 7. 49 making out of the following list and to the sending of the same to the chairmen or clerks in charge of the various wards or districts where their voters can best be canvassed. A list of the ward or district committee rooms and the List of coni- iiiittee rooiiia. places where they are situate, tog-ether with the names of '^^^<^ names of '■ ^ ' o cUainuen and the chairman and clerk in charge of each, should be posted '='e''<3- up in every committee room. The non-resident voters list may h& in the following form : — Form No. 16. Parliamentary Election, 18 Messrs. SMITH & JONES. NON-RESIDENT VOTERS. On Register for Ward [_or District^ to be Canvassed in Ward [or District] . Kegister No. Supposed Politics. Name. Address. PJedges. Remarks. N.B. — To be returned without delay to Mr the Chairman of Ward [or District]. The chairman or clerk in charge of the ward or district to whom the list is sent, will make a copy of it, with the result of the canvass upon it, as the voters will have to be seen to by this committee on the day of the poll. 5.-CANVASSERS' CANVASS BOOK. These are small books for the use of individual canvas- Useof cam-as* booljs. sers, and are usually made of such a size as will enable them to be carried about conveniently in the pocket. 50 They should not contain more than four leaves, and the following instructions should be printed in the inside of the cover : — Instructions to Canvassers. 1. You are requested to call upon each of the voters named herein and to use your best endeavours to induce him to jiromise liis vote and support to Messrs. Smith and Jones. 2. If the voter is not at. home a card should invariably be left, and further visits paid until you succeed in seeing him. 3. Great cire must be used in noting the precise reply of a voter as nearly as possible in his own words; mere expressions of friendly feeling should not be registered «.s ff^>/v*?« we, but entered in the " Remarks " column. 4. Call at the Ward [or district] Election Committee Room 'laily to report the result of your canvass, whetlier it has been completed or not. If the distance is too great, s^'Hf? a daily report oi the progress of the canvass, on the sheets provided for the purpose. Z). If a voter is found to have lemoved you should endeavonr to obtain his new address or where he is employed, and having care- fully noted it in the canvass book, report it to the Committee Room at once. It will be better to do this than to go yourself to the new address, if the latter should be out of your neighbourhood. 6. Voters ascertained to be dead, to have gone abroad, or to bo very unlikely to vote on account of illness, &c., should also be caiefully noted and reported so that steps may be taken to guard against their being personated on the election day. If the voter is a policeman, note the fact in the canvass book, as he is prohibited from voting. 7. Any loss of, alteration in, or misdescription of the qualifica- tion of voters, should be car^'fully noted for use at the next registration. 8. No ffift or 2^romif!e ofmoncj/, refreshment, or favour of any kind vucst on any account be made, directly or indirectly, to an elector as an inducement to vote. Treatiny voters is also strictly prohibited, and Itoth bribery and treating make the offender liable to 12 months'' impri- .sonment or a fine of £'200. The votek who accej}ts a bribe or who is treated is also liable to the same pu7iishment. 0. No 2>ayment for conveyance m ^ ^'^'B Ph BO p4 > p- " na ^ 00 Ph r-i m a *T3 -2 t-s • t> 3 02 ■OR QAlSsajI^O.TJ Blank ciuivass book. 02 The cover of the bonk should be of stiff paper, and shouhl 1)6 endorsed as follows : — PARLIAMENTARY ELECTION. 18 _ _ _. .Ward [or Distkict]. No. How rrepaie:!. The books must be prepared for the canvassers and copied from the ward or district canvass book, beginning at page 1 of the latter and so on to the end. No canvasser's book should contain more than a dozen voters' names. If from the class of persons to be canvassed, or for any other reason, a canvasser thinks he can under- take to canvass a greater number of voters, it will be easy for him to take two or more books, but as a rule the fewer persons a canvasser has in his charge the better. In preparing the canvassers' books, the number of the page of the ward or district canvass book from which the names, &c., are extracted should be placed at the left hand top corner of each book, for facility of reference. The name of the ward or district should also be written in, and the name of the voter and the street where he resides, and the number of the house (if any), with the information as to his known or probable politics, in fact, a precise copy, so far as it goes, of the ward or district canvass book should be made. The residence of each voter need not be separately stated, but the name of the street or place may be written on the top of a page, and the number of all the voters' residences in that street inserted in the column provided for that purpose. Canvass books The cauvasscr's book as prepared for the canvasser will tiien be as lollows : — 53 O Eemarks. 1 Pledges. o <= .2 O 1-5 -5 'a ^ ° s 1 3 r-l CO '-O J>. 01 o 1 Knowsley Street. John Eostron Robert Smith E. Spratt A. Carter Back Knowslej St. 3 R d No. on Eegis- ter. 897 956 1048 189 52 1 . £ ;3=S^ 1 o P P^ re 00 bJD o 3 o Robin- son. 1 cq 5P O w 1— 1 •osj QAISSa-lgOJcJ —1 -M :■? -f o -o ■-:! c? -^ o 54 How used. List to be made If the Eeg-istration Survey books are made use of for the purpose of canvass books, they "will be ruled and made up as near as possible, to the form given above, and a copy of the instructions pasted within the cover. Some election ag'ents prefer a strong- card, folding in the middle, and prepared to contain about a dozen names, but this is, of course, a matter of individual taste. In this book the canvasser will note the result of his canvass. It will be observed that colunms are provided only for absolute pledges. Some agents prefer to have columns for those voters who are " favourable," " doubtful," "won't vote," &c., &c., but we prefer that these' answers should be inserted in the " Remarks" column, as a number of columns tends to confuse the canvasser, and voters are liable to be overlooked or considered finally canvassed who ought to be visited again and again, whilst the information is of little real utility. A list of the canvassers' books should be kept in the ward or district book, and opposite each numbered can- vasser's book should be the name and address of the person to Avhose charge it has been entrusted, and the dates when ench book is given out, nnd returns made thus : — No. of Book. Name. Given Out. Returns. 1. Joliu Smith, 3, North Street. Aug. 10 1 13th 2 151 h 3 IGth 1 4 2. William Joiie.s, 17, South Parade. Au;r. 11 15th ]C,ih 17th 18th 55 6.-CANVASSERS' RETURN SHEETS. These are intended to contain the canvassers' report to ^se of veium ^ sheets. his Ward or District Committee of the progress of his canvass from day to day. They are best in the following form, printed upon paper about the size of letter paper : — Form No. 17. Parli imentary Election, 18 Return of canvass day of 18 , Ponn. .Ward. No Book. No. on Register. Name. Smith. Jones. White. rhonip- sun. Eemarks, Some agents prefer a fuller f;)rm giving the progressive number in the canvass book, and the residence of the voter. We strongly, however, advise the use of this form, as it is not desirable to give canvassers any unnecessary labour, and the voter's name can easily be found in the Ward book by reference to the number of the canvasser's book at the rio-ht hand corner of the return. /.-REMOVALS LIST. As the register revised one year does not come into operation until the 1st of January of the succeeding year, 56 and remains in force during tlie whole of the latter year, it will be found, as the canvass proceeds, that a considerable niiniljer of electors have either removed from the county, division, or borough altogether, or have gone to reside in other polling districts or wards therein. The canvassers will, as before mentioned, report every such removal they meet with in the course of their canvass, and will, if possible, obtain the voter's new address or place of business or trade, or any other infoi-mation which will enable him to be traced. For this purpose each ward or district committee must be furnished with a book ruled as follows : — Form No. 18. Parliamentary Election, 18 Messrs. SMITH AND JONES. LIST OF 1{EM0VALS. From Ward (or District). Regis- ter >"o. Voter's Name. Addi-ess as on Sup- posed Poli- tics. New Ward or Pledges. Remarks. Register. Address, dis- trict. The fact of tlu^ removal and the new address of the voter must be enter('(l in tlie " Kemarks '' column of the ward or district book, and from thence transferred to the Kemovals li.st, a mark })eing placed against it in the former book to show tliat it lias been so transferred. The ward or district in wliicli llic new address is situate nuist then be filled in, and lists (jf tliese removals must be sent, as they are reported 57 by the canvassers, to the chairman or clerk in charg-e of such wards or districts, with a request that the voters be immediately canvassed, and the result reported back. The committee of the ward or district to wliich the lists ^^''"'°^'''^,''°'*® (canvassed are sent should have a book provided for them, to be called ^°'^^' the " Removals to be Canvassed List," and in tliis book, ruled similar to the above, must be copied the names of the voters sent to them, with the names of the wards or districts fromi whence sent. These names must be given to the canvassers of the district where the voters reside, in a separate canvass book labelled as above, and the can- vasser will call upon them and report the result in the same manner as if they were voters originally given to him to canvass. When the report of the latter is received the clerk in charge of his district will enter the result in his " Removals to be Canvassed book," and send a copy to the chairman or clerk of the district from which he received the name. In a large constituency it is a good ]jlan to have a small c'of,[",",'^tee^ " committee, who will deal exclusively with the " Removals," as very frequently the success or non-success of a candidate depends on the manner in which removals are traced, and the voters canvassed and sent to the poll. 8.-WARD OR DISTRICT RETURN SHEETS. Each ward or district committee will have to make daily Use of daily wanl or distnet returns to the executive committee of the position and reim-n sheets, progress of the canvass in its ward or district, so that a general return can be prepared of the whole constituency. It should here be pointed out that the ward or district committees must alone deal with, individuals ; the execu- tive committee with numbers only. 58 T]i(> ward or district return sheets will contain numbers only, thus — Form No. 19. Parliamentary Election, 18 Messrs. SMITH AND JONES. Ileturn of Canvass for Ward [or District] . No dav of 18 Total Number on Register in this Ward [or District]. Pledges. 3 "1 o O r-T 6 > C 6 o !2; Heniarks. Smith Jones. White. Thomp- son. Sii^ned. Chairman. Note. — These returns must bo sent in under seal to the Executive Committee every morning at 10 a.m. It must state the total result of the Canvass up to the date named, irrespective of any returns previouuli/ sent. Use of central eoiiinijttee's canvass ledger. 9.-CENTRAL COMMITTEE'S LEDGER. CANVASS This, as its name implies, is a book in which a ledger account is opened with each ward or district, as well as a general account with the whole constituency. It should be kept carefully under lock and key by the election agent, and the position of matters should only be known to him- self and the principal leaders of his party. 59 A page will be ruled for each ward or district as follows : — FoHM No. 20. .Ward [or District]. No. of Electors. Date. No. of Return. Smith. Jones. White. Thomp- son. C3 P. 1 . 6 cS - OS ■a ? a 6 o "A s c A general account of the whole constituency will be made out in the same way, and entered up daily. It will thus be seen how the canvass is progressing, and the returns from each ward or district will show whether due exertions are being used by each ward or district com- mittee. 10.-CANVASS CARDS. These are intended to be used by the canvassers when Use of canvass ■^ cards. calling upon voters, and are ordinary cards, printed as follows r — Form No. 21. Parliamentary Election. 188 Mr 's vote and interest are respect- fully solicited for Messrs. Smith and Jones. Chairman of Committee. 60 Special cards. Special cards intended to be used when the canvasser is personally known to, or can influence the voter, should also be provided, thus : — Form No. i'2. Parliament iry Election. 188 Mr begs most respectfully to solicit your vote and interest on behalf of Messrs. Smith and Jones. 11.-CIRCULARS, &c. Blank forms of circulars for the use of the ward or dis- trict secretaries, in calling together their committees, &c. They may be in the following form : — FoKM No. 23. Parliamentary Election. 188 Messks. smith and JONES, North Ward Committee Eoom, No. 2, John-street, 188 Dear Sir, A meeting or the North Ward Committee will be held in the Committee Room as above on at o'clock m., when the favour of your attendance is requested. Yours trulj', Chairman. Vice-Chairman. Circulars also in the following form will be found highly useful where a voter can be ler/itimately influenced by some friend wlio is a known supporter of the candidate. But great care should be used not to send such circular to any Special circulars. (51 person who has not influence with the voter apart from his position as a mere employer, landlord, overlooker, etc. : FoKM No. 21. Parliamentary Election. 188 Committee Rooms, No. 2, John-street, 188 Dear Sir, You will greatly oblioe Messrs. Smith and Jones's Com- mittee by using your friendly influence on thtir behalf to securo the vote of Mr of Yours most resiiectfully, To. An answer at your earliest convenience informing mo of the result of your canvass of Mr will bo considered a favour. Copies of the candidates' addresses on thin paper and in candidates' a portable form for distribution by the canvassers should be provided in proportion to the number of voters. The above will also be found useful, if it is considered fanvassing circulars. desirable, to send out the address to each voter by post, and whether a return circular, asking the voter to pledge, is enclosed with it or not. Many voters are undoubtedly influenced by the mere fact of a candidate being the first in the field, and more are influenced in favour of the candidate who first pays them the compliment, as they regard it, of asking for their votes. We, therefore, strongly advise that in every case the candidate's address, with a short note, signed by the chairman and other officers of the election committee, requesting the voter's support and influence enclosed, should be sent by post to every voter as eaily as possible. In constituencies where the registration is well attended Addressed envelopes, Ac. to, a set of envelopes or book post wrappers, addressed to 62 the voters, are inade out in wards or districts, and kept in llie order in whicli the voters' names appear in the register. These are corrected after each revision, and are then available on an emergency. These envelopes or post wrappers might be made use of in sending out the can- didate's address, but in such case they ought to be bond fide purchased from the registration association at a full and fair price. A halfpenny stamp will cover the postage, but it is much better to use a penny stamp, as in the event of the voter having died, removed, &c., the circular will be returned to the committee^ and much valuable information thus obtained. The following is a form which may be used : — Form No. 25. Parliamentary Election, 18 Central Committee Room, Street, 188 Sir, The committee for securing the election of Messrs. Smith & Jones beg to enclose you copies of their addresses, and most rcsi^ect- fuUy to solicit the favour of your vote and influence in their behalf. 77ie committee will also esteem it a favour, should i/oii be so disposed, if you loill kindly intimate to them, by filling up and returning the annexed form, whether they may count upon your sripport. hi making this request the committee have no desire to infringe the secrecy of the ballot, but it tcill materially assvit the committee in the <-onduct of the election if they can knoio, as soon as 2>ossible, the amount of support upim which they may rely. Full particulars of the time and ])lace of polling will bo notified in due course. We are, sir. Your obedient Servants, Chairman. Vice-chairman. Note. — The Elections Act of 1883 forbids, inider serious penalties, any candidate or agent making p)aymcnt for the conveyance of voters to or from the poll. 63 The above circular should be signed, not only by the <'hairman and vice-chairman of the election committee, but by any other officer thereof, if he is a person of weight and influence in the constituency. It is a good plan also to have, with the same object, a list of the executive com- mittee at the head, or on the fly-leaf, of the circular. If it is not intended to enclose a circular for reply, the two paragraphs above printed in italics will, of course, be omitted. If a reply circular is enclosed it may be in the following form : — " FoKM No. 26. .Pdi-liainentary Election, 18 Messrs. SMITH and JONES. ^ir- It is. my intention to vote for Messrs. Smith and Jones at the above Election. Name Address To the Chairman of the Central Committee. Register No Ward or District The register nmuber and the name of the ward or district must, of course, be filled in before the circular is sent to the voter, as they will be required for entering up, in the ward or district register, the replies which are sent back. An envelope, addressed to the chairman at the central committee room, and bearing a jjeniiy stamp, must also be enclosed. In large constituencies and in most counties it is a great convenience to have the return envelopes •addressed to the ward or district committee in whose register the voter's name appears. A deal of trouble and some time are thus saved, as the replies then go direct to the committees who are responsible for the canvass of the individuals, and are entered up at once in the proper books. 04 It should be mentioned that the pledges given by circular should be entered in blue or red ink, to distinguish them from those obtained by personal canvass. If the voter sub- sequently promises to a canvasser, a tick, thus y, in black ink shoidd be placed against the blue or red mark. cinniiars to Out Whether the candidate's address is sent to the voters Voters or Vottis • i i i • i i Keiiioveti. generally by post, or not, it should certainly be sent to every out-voter at the earliest moment, and to those voters who have removed from the county, division, or borough, so soon as their new addresses are ascertained. The circulars^ of which the forms are given above, may or may not be used, as may be deemed advisable, or they may be added to, by the expression of a hope that the voter will not deem the time and money expended in recording his vote too creat a sacrifice to make. If the return circular is enclosed, and no reply is received from the voter in the course of a few days, his name should be sent to the agent of the nearest town for canvass, as- mentioned ante p. 4G. The following form may be useful on forwarding the same : — Form No. 27. Parliamentary Election, 18 Messrs. SMITH and JONES. Dear Sir, I beg to enclose the names and addresses of some voters who have (jualitications in this county (division, boroiKjh), but whose places of residence ajipear to be near your town. We are most anxious to secure their supjiort at the poll, and we would, therefore, ask you, in the interest of the cause, to lend your aid in arranging for the canvass of these voters by means of such voluntary assistance as you can pi-ocure, as you are aware that under the Act of 1883 no payment can be made for this ser^ ice. If the voters, or any of them, do not i-eside within your district^ but live nearer to some other agent of our party, will you kindly send on the list, or names, to him, and inform us what you have done. 65 We shall be glad to receive the result of the canvass as early as convenient, and to afford yon similar assistance, as far as possible, should any of your voters reside in this district. Copies of Messrs. Smith and Jones' addresses have already been sent by post to the voters named. The polling will Cor is expected to J take place on the inst. Chairman of Committee. Election Agent. 12-INSTRUCTIONS TO SUB-AGENTS. It will, of course, be expected that every sub-agent will in counties. make himself fully acquainted with the various Acts of Parliament bearing on elections, and in large districts he will require to know almost as much as the election agent himself. In the latter case, therefore, no mere " Instruc- tions " could be given him which would embrace every- thing he ought to know, unless they attained a bulk equal to that of a fair-sized book. In some districts, however, the duties of the sub-agent will be much less, and he will have to act more under the direct control of the election agent. In such cases the following " Instructions '' may be of service, as they can be altered or modified to suit any particular set of circum- stances : — Form No. 28. Parliamentary Election, 18 Messrs. SMITH and JONES. PRIVATE INSTRUCTIONS TO SUB-AGENTS. N.B. — The following instructions do not profess to contain a complete exposition of the Elections Act of 1883, but should be read in eo7ijunctio7i XDith it. Dear Sir, You are hereby appointed sub-agent for the above election on behalf of Messrs. Smith and Jones, to act as such within the district of F 66 The maximum number o.^ employe's and committee rooms whidi are permitted at the election is shewn in the table below, and that number must on no account be exceeded. Districts. No. of Voters. Employes authorized. No. of ConimiKee Rooms. Clerks. ZJ be m o bc ^<5 You ai'e authorized to incur on behalf of the candidate such ex- l^enditure, in the conduct and management of the election, as may be legal and necessary, to an amount not exceeding pounds (£ ). It is advised that this sinn should be distributed as follows : — MAXIMUM EXPENDITURE. a a, < a i O 2 S bD tJO 'o 1 j? boS ■2 .2 .5 "§ be 1 bJD is 1g S°bC Hire of Committee Rooms. Expenses of Public Meetings. o a; B '3 O 67 The remuneration of the election staff should not excee.l tlie follownng rates : — PolUng Agent - - £1 Is. Od. (one day). Clerks - - - - £:i 2s. Od. per week. Messengers - - - £1 10s. Od. per week. Of the above items, all except that for "Miscellaneous" e.xpond;- ture, are discretionary and interchangeable, but the amount allowed for the latter must not in any case be exceeded. Your fee as sub-agent will be pounds (£ ), subject to the conditions hereinafter named. You will receive herewith the following forms and papers :— A Register of Voters. Parish or other Lists for the District. No. of Copii;s. Form No. 3. Notice as to Election Expenses. „ 4. List of Volunteer Clerks and Messengers „ 5. List of Paid ,, „ „ 9. Agreement for Hire of Committee Room. ,, 10. ,, „ „ in Clubs ,,11. „ „ of Room on Licensed Premises for Public Meetings. ., 12. Election Expenses Book. ,, 13. „ „ Order Book. „ 14. Authority for Petty Disbursements. „ 15. Voters Lists. „ 16. Non-resilent Voters Lists. Canvass Books „ 17. Canvassers' Return Sheets. ,. 18. Removals List. „ 19. District Return Sheets. „ 21 and 22. Canvassers' Cards. ,, 23. Special Canvassing Circulars. „ 30. District Committees' Instructions. „ 31. Clerks in Charge Instructions. „ 32. Canvassers" Instructions. All printing, advertising, and bill posting will be ordered by me, and no expense must be incurred under these heads WITHOUT MY WRITTEN AUTHORITY. In CASES OF EMERGENCY, WHEN COMMUNICATION WITH ME IS IMPOSSIBLE, ANNOUNCEMENTS OF LOCAL MEETINGS MAY BE ADVERTISED BY YOU, THE EXPENSE BEING INCLUDED IN THE AUTHORIZED MAXIMUM AS ABOVE. The candidate's address will be sent by me to every voter. Your first step will be to organise an efficient district election •committee (if not already done), who should choose an influential •chairman. Every parish or township should be represented thereon. Active, and thoroughly reliable supporters only must be placed on 68 the committee, and it should not necessarily consist solely of the- existing members of any Conservative Association or Club in the district, but should be a distinct body, selected for election purj^osea alone. Each sub-agent at the outset of the contest should affix in each election committee room and Conservative club throughout the district a copy of the notice (Form No. 3) limiting and confining his responsibility to those expenses only which he may liimself incur. The election committee of each district should be at once sum- moned by its chairman. At their first meeting the chairman, or tlie sub-agent should carefully read over the instructions to district committees, &c., sent herewitli, and point out the altered circum- stances under which an election has now to be conducted, the absolute prohibition of any paid employment, except such as is allowed by the Act; the abolition oi payment for conveyance, the strict limitation of expenditure, and the severe penalties which \nll follow a breach of the law. He should impress upon all present the fact that success can alone result from the well directed efforts of enthusiastic volunteers, and he should point out the serious personal responsibility which attaches to ;dl who take part in the election, and the absolute necessity, in their own interests as well as those of the candidate, that each should carry out faithfully the work allotted to him, and tliat all should adhere rigidly to the provisions of the law. He should request each member in his own district to exercise a strict supervision over the acts of those working under him, and to discourage, by every means in his power, any resort to improper practices, stating at the same time that the candidate would not liesitate to repudiate, publicly, if necessary, any departure from the requirements of the law. The arrangements for working the vaiious parishes or districts should be settled at the meeting. The canvass books or cards should also be allotted at the meeting^ care being taken to entrust a canvass book to none but responsible and roliable volunteers, whose authority should be limited to canvass only those voters whose names appear in the canvass book, the jiossession of a canvass book having sometimes been brought forward at election petitions as a proof of ''agency," and the names of all (•crsons to whom they are given should be recorded. In selecting a committee room hi which the business of the district can bo carried on, it should l)o borne in mind that the premises of a jK'nnancnt ])olitical club can be made available for tlio jiurpose. In thiit ciiso it Hhould be agreed with the authorities of the same that the room shall bo uudir the e.icliisive control of the candidate's a(;ont. In case a committee room is hired elsewhere, the agreement bln.uhlbo in writing, and it should be made clear that the payment. 69 for hiring includes fire and ligliting, and any other iiiculenlal charges of the same kind, or the sub-agent's calculation may be upset by additional demands on account of these services. A committee room cannot be held in a public-house, refreshment house, or public elementary school, without vitiating the election. Hotels, restaurants, and certain grocers' shops are, therefore, not available, and the rooms of a politic d club, if held on licensed premises, would also, it is believed, be within this prohibition. The voluntary loan of private premises, except such as are prohibited by Sec. 20, may be accepted, but a similar understanding to that mentioned above .should be arrived at. The committee room should be carefully locked at night, and all books and papers kept in safe custody. The number of clerks and messengers allowed by law is one clerk and one messenger for each polling district, or in large districts ■one clerk and one messenger for every 500 electors, with one each additional for every fractional number beyond. They should be .selected in each case from persons having a knowledge of the district, and, if possible, .should not he electors, as paid employes are debarred from voting. Their appointments should be delivered to them in writing, and in every case it should be understood that they will provide their own meals and refreshments during the contest, and that no charge against the candidate can be admitted on this account. Every bill, placard, or poster having reference to the election, which may be exhibited, must bear the name and address of the printer and publisher (" Printed and published by_ "*'of "), and should any reach you, from any source, not bearing this imprint, they must on no account be cir- •culated or exliibited. If, in case of emergency, any bills, &c., are printed locally, the printer must be instructed to affix his imprint as .above ; neglect of this precaution may be fatal to the election. Stationery for use in the district committee room may be pro- cured according to actual requirements, care being taken that it is not wasted. Arrangements must be made for any public meetings that may be held during the contest, and a fixed sum should be agreed upon for the hire of the room in each case. If held at a licensed house, a notice should be given to the landlord or manager that the can- sistance. Private conveyances lent voluntarily can alone be employed ; the gift or loan of hackney carriagts, or of vehicles and animals usually let for hire, cannot be accepted in any case. You will receive a list of " removals," and of voters (termed " non-resident voters ") residing in your district, and registered to vote in other districts. Please include such names in the canvass books for your district, and use your best endeavours to induce them to poll. As soon as the returning officer's arrangements for the polling day are settlerl, copies of the notices giving the situation of the various polling stations will be sent to each district. You will be good enough to select the authorized number of jwUing agents for the district from persons having an intimate knowledge of the electors. The name and address of each polling agent must be sent to me as soon as he is appointed, in order that the returning officer may be informed. Volunteers should be obtained if possible. Polling agents must make a declaration of secrecy before a magi.strate prior to entering upon their duties. Your polling agent should be instructed as to this, and furnished with the requisite partit.-ulars. I'ldess they are distributed from a central committee room (in which case you will be informed), polling cards for the district will be sent you as soon as the arrangements are made, and you must arrange for their distribution not later than the day preceding the poll. (Jno or two days before the poll, the district election committee should be called together, and the arrangements for the election •lay should be settled. The voters who will require specially visiting shoidd be carefully allotted at this meeting. You should fake particular cnro to reiterate t,ie necessiti/ for strictly obscrviny the Inv in erory particular. The " instructions for the polling day," which will l)e sent you later on, should be carefully distributed at tiiis meeting. 71 As REGARDS EXPENDITUUE, THE AMOUNT NAMED ABOVE MUST NOT UPON ANY CONSIDERATION BE EXCEEDED, OR, IF SO, THE EXCESS MUST BE DEDUCTED FROM THE SUB-AGENT's FEE. As THE TOTAL EXPENDITURE OF EACH CANDIDATE IS RIGIDLY FIXED BY LAW, AND AN EXCESS WOULD VITIATE THE ELECTION, THE NECESSITY FOR THIS PROVISION IS ABSOLUTE. Any contributions which may be offered towards the expenses of the election must, according to the Act, be paid to the candidate or tlie election agent direct, and cannot, under any circumstances, be accepted or disbursed by a sub-agent without imperilling the election. It will be necessary to utilise voluntary work to the fullest possible extent throughout the contest, and to engage paid assist- ance only when absolutely necessary and the pressure of work is urgent. A minute and particular account must be kept of every payment, which must be sent to me, with the voucher, for everything above forty shillings, immediately after the close of the poll. The provisions of the Act as regards corrupt and illegal practices, illegal payment, employment, or liiiing, must be carefully studied, and the utmost care must be taken not to infringe them. The appointments of sub-agents will cease and determine at the close of the poll, unless previously revoked. I should be obliged by an acknowledgment of receipt of this, and of the forms, &c., by return. Yours faithfully, Election Agent for Messrs. Smith & Jones. Whilst the various bookh and papers mentioned are in course of preparation, the election agent should, if arrange- ments have not previously been made, take steps for securing I COMMITTEE ROOMS. ' The number of these and the places where they can and where they cannot he held are set forth at pp. 27-31 ante. The central committee room for the county or borough Central "^ ~ committee should be in the most central and convenient place, and ™o"". should be under the immediate care and supervision of the principal election agent, who should be there constantly to 72 give advice and directions. As already mentioned, no pro- ^ ision is made for a central committee room in boroughs, but it can be easily arranged to have the central room in the central ward ; or if a committee room is not required for every 500 voters, or if a few committee rooms are lent gratuitously, a separate central committee room may be provided and paid for. The election agent should have a private room, set apart for his use and the use of the central committee, and no other person should be admitted to that room without the express permission of the agent. Each Avard or district committee room should, in like manner, be in the most central and accessible part of the ward or district. It will be under the immediate care and control of the ward or district chairman, and a paid clerk should be constantly there for the purpose of attending to the books, giving information, taking charge of messages, Sic. There should also be a private room for the meetings of the district committee, separate from the general enquiry room. When and as the various committee rooms are selected, a list of them should be made, with the names of the chairmen, sub-agents or hon. secretaries, and clerks in charge, and a copy of the list sent to each ward or district committee, so that they may communicate direct with each other. The following: is the form : — 73 Form No. 29. Parliamentary Election, 18 Messrs. SMITH and JONES. LIST OF COMMITTEE ROOMS. Central. No street. Ward or District. Where situate. Cliairman. Sub-agents or Hon. Secretaries. Clerk in charge. Hours of Attend- ance. .Chairman. .Election Agent. No refreshment of any kind must be allowed in the No refresh- meats in committee room. If any such are required by the staff committee '' 1. J rooms. (upon pressing occasions) they should be obtained and served elsewhere. On the day of election it will be found convenient to committee '' rooms on day have a committee room as near to each polling booth as °^ p°^^- possible. Whilst the agent is selecting the committee rooms, he must be taking steps for the formation of the ELECTION COMMITTEES. In most, if not all, constituencies, the nucleus of the ■election committee will be found in some political club or association. 74 We use the word " nucleus " advisedly, because it would be in the highest degree dangerous to the candidate if he constituted the whole of the committee of an association hi3 election committee, or if he employed its members (jenerally as voluntary canvassers. He may and oimst accept the services of some of the officers and menibers, as they are the most qualified persons in the constituency to act as committee men and can- vassers, but he is not obliged to take them en bloc, but is entitled to select those in whom he has implicit confidence. A meeting, therefore, of the principal supporters of the candidate should be called, either by the election agent or the chairman, if there is one, of the party, and to this meeting all those persons who are likely to help in the election should be summoned. The election agent should attend the meeting, and either he or the chairman should point out the altered circumstances under which an election has now to be con- ducted, viz., the strict limitation of expenditure, the abso- lute prohibition of any paid employment, except such as is allowed by the Act; the abolition of payment for railway fares or for other modes of conveyance, &e., &c., and the severe penalties which follow a breach of the law. He should impress upon those present that success can alone result from the well-directed efforts of enthusiastic volunteers, while he should point out the serious responsi- bility which is now imposed upon all who take part in the election, and the absolute necessity in their own interests as well as those of the candidate, that each should carry out faithfully the work allotted to him, and that all should adhere rigidly to the provisions of the law. He should request each member in his own district to exercise a strict supervision over the acts of those working under him, and to discourage by every means in his power any 75 resort to improper practices, stating at the same time that the candidate "would not hesitate to repudiate, publicly if necessary, any departure from the requirements of the law. An election committee should then be formed of those Eie.'tion Cominititees ; influential and energetic supporters who can be implicitly '^"^^ fonneii. relied upon to assist in conducting the election in strict conformity to law. The names of these should be previ- ously carefully prepared by the chairman or election agent, in consultation with the most influential leaders of the party supporting the candidate. As previously pointed out, they should not be simply the committee ot some club or association, but should include a few outsiders, if possible, or at any rate a selec- tion of the members of various clubs or associations. In short, the election committee should be a special and ^'^°^^'*JJ^«f ' -T special booy. independent body, and separated, as far as possible, from any club or association. The names of the members of the election committee should be taken down by the election agent, and they should have power, by resolution, to add to their number. A meeting of the election committee should be held immediatelv after their appointment, when a chairman, vice-chairman, and honorary secretary should be elected, and arrangements made for calling meetings to form the WARD OR DISTRICT COMMITTEES. To do this, it will be necessary to consider what will be How formed, the most convenient arrangement for canvassing and polling the voters, and to divide the county, division, and borough into wards or districts accordingly. In most cases this will have been already done, and it will not be desirable to alter old arrangements unless for very good cause. The cndition of the oro-anization in each district should 76 then be enquired into. If there is a suitable chairman in the district, he should be requested to call a meeting of friends and supporters, but it is not desirable that he should call the meeting in his official capacity, but should get two or three other influential leaders of the party to sign the circular along with himself. This circular should be sent to all those friends who are likely to come forward and assist in the election, whatever their rank or position may be. Tliey will be required as canvassers, and the more numerous they are, the more the work can be subdivided and attended to. First meetiMK ^j- ^he meetinsf the names and addresses of the persons of ward or o -i- wnunutee. prcscut should be takeu by the chairman. This is very desirable for several reasons, as, that it prevents spies getting into the committee room, or obtaining possession of canvass books ; it shews who are zealous in the cause, &c., &c. It should, of course, be done before the commence- ment of business. A ward or district committee should then be appointed, the same care and pi-ecautions being taken in selecting the names as have been taken in form- ing the central election committee. Thej should also have power to add to their number, and should at once pro- ceed to business. chainiian,&c. If there is no regular chairman of the ward or district a man of standing witli influence in the particular ward or district should, if possible, be got to take that position, and his name should be attached to all letters, circulars, t-Vrc, emanating from liis committee, so that his influence may be most widely felt. If it is thought fit, a vice- chairman can also be appointed, and it Avill be necessary Clerk iiicharg.-. to have an intelligent paid clerk in charge. The latter can, of course, be appointed by the election agent only, but the Ward or District Committee should recommend him for appointment. 77 In boroughs, where no provision is made for sub-agents, the clerk should, if possible, be the secretary or registra- tion agent usually acting or employed in that particular ward. In counties, one sub-agent may be appointed to each polling district in addition to the clerks, and, there- fore, the secretaries or registration agents in counties may be appointed either as sub-agents or clerks in charge or as may be deemed most desirable. The ward or district meeting should, if possible, be MeeUng tote''* attended by the election agent, who should be careful to eJcUoii Agent, see that everybody clearly understands his duty, and that the work of the committee is fairly and properly begun. He should shortly state that the object of the meeting is to organize a committee for canvassing the ward or district and for conducting the election. He should explain that it is necessary to have a staff of canvassers who will be supplied with books containing the names of about a dozen voters residing or carrying on business near to each other, and he will be glad if the gentlemen present will volunteer their services. Great care, however, must be exercised as to whom the whom olnvass 11 . , -, iji- j1-i 111 Books entrusted canvass books are entrusted, and their authority should be limited to canvassing such voters as are included in the canvass book, as the possession of a canvass book has frequently been brought forward at the hearing of election petitions as a proof of " Agency." The number of the book and the name and address of the person to whom it is given must be carefully recorded. The elec- tion agent should then read over and carefully explain to the canvassers the instructions set out further on. If considered necessary, copies might be printed at a small expense, and one copy given to each canvasser, who could then study it at his leisure. t- •. ^ •^ Limitpd number As a rule a canvasser should only take charge of one book!'^'^*^ "* "^ 78 canvass book, for thouo-li he may be able to call upon more than a dozen voters to ask for their votes, yet on the day of polling he may find great difficulty in getting a greater number to the poll. There may, however, be excep- tionable circumstances which will justify a canvasser in takino- two or more books, as that the voters are well- known friends or of a class that mayb3 depended upon to pi»ll, or the canvasser may undertake to get the assistance of his friends, &c. Very frequently there are active friends who cannot, or do not attend the first committee meeting. Sometimes other friends will suggest their names and undertake to see them with a canvass book. In such cases the number of the book and the name of the person undertaking to deliver it, and the name and address of the proposed can- vasser should be carefnlly taken down, and enquiry should be made in a day or two afterwards to ascertain if such book has been accepted by the proposed canvasser. If all the canvass books are not taken out the chairman or vice-chairman should personally see other friends, and urge them to give their assistance. The chairmen of the various ward or district committees should be furnished by the agent with written or printed instructions, which may be as follows : — Form No. 30. Parliamentary Election, 18 Messrs. SMITH and JONES. INSTRUCTIONS TO WARD OR DISTRICT COMMITTEES. 1. The names ami addresses of tlie chairmen, vice-chairmen, and ■clerk in charge of each warJ or district committee must be sent to Mr. , the election agent, at the central committee rooms, street, immediately they are appointed. 79 2. Each ward or district committee will be held responsible for the immediate and efficient canvass of its ward or district, and must make all arrangements necessary for the purpose. 3. 'No paid canvasser can be appointed. Paid can yjissers 4. The only paid officers attached to the ward or district committee will be clerks and messengers. These may be nominated by the ward or district committee, but their names and addresses must be at once sent in to the election agent, who is the only person who can legally appoint them. They should not be voters, as any elector employed for reward by or on behalf of a candidate six months before or during an election is disqualified from voting. 6. The chairman of the ward or district committee, or in his i,ook to be a;a% absence the vice-chairman, must daili/ inspect the ward or district examined, book to see that every canvasser is doing his duty and that every part of the ward or district is being canvassed. Wherever, from ihe absence of returns or otherwise, a canvasser appears not to be progressing with his part of the canvass, enquiry must be at once made into the cause of the delay, and if it is not satisfactorily explained, another canvasser who can be depended upon must be associated with the old canvasser, or if absolutely necessarj', the book must be called in, or another one made and placed in the hands of another canvasser. 6. The chairman must see that the canvassers thoroughly under- stand their instructions. 7. A return of the state of the canvass must be made, upon the ^'''^"'■" °^ ' i^ canvass. forms supplied, to Mr. , the election agent, every morning at ten o'clock. The return must be of the ffross canvass, and must be signed by the chairman of the ward or district, and must be sent under seal. A copy should be kept by the chairman in his own custody, but should not be seen by anyone beyond the executive committee. These returns must be compared with each other from day to day, and tho progress made in the canvass noted. 8. If any voter is returned by a canvasser as having removed into Eemovals ist. another ward or district, his name must be entered in the book called the " Removals List," under the head of the ward or district into which ha has removed. His name, nerv address, and register number must also be sent to the chairm m of the latter ward or district, with a request that the voter may be canvassed and a return made of the result. This return must be noted in the " Removals List," and also in the ward or district book, and the pledge (if given) must be counted as a pledge obtained in the ward or district where the voter's name appears. The chairman of the ward or 80 district must daily examine the " Removals List," and if due dili- gence is not being shown in canvassing the voters therein, he must write to tlie chairmen of the wards or districts to whom the names of the voters have been sent urging them to make a return of tha canvass. It is a fundamental rule that the commitfee of each ward or district must see to each voter whose name appears in their part of the register of voters being properly canvassed. Removals to be ^- When the chairman of a ward or district receives the name CHiivasseU list. ^^ ^ voter, resident in his ward or district, for canvass, he must see that the clerk duly enters the name, new address, and register number of the voter in the book called the " Removals to be Canvassed List," under the head of the ward or district /?*o?rt which the name is received. He must also see that each name is trans- ferred to the canvass book of the canvasser of the street, &c., where the voter resides, and that the canvasser is instructed to see him. He must daily examine this list in the same maimer and for the same purpose as he examines the ward or district book; and when the voter has been canvassed he must cause the result to be entered in the " Removals to be Canvassed List," and must send a copy thereof to the chairman of the ward or district from whom the name was received. In making his return of pledges, the chairman will not count the pledges in the " Removals to be Canvassed List," as they will be counted in the ward or district where the voter's name appears. Upon the day of polling, however, the committee of the ward or district where the voter resides will be considered to have charge of him, and must arrange for his polling. Non-resident 10- I" ^^^^ manner, if a voter appears by the ward or district voters list. • register to live in another ward or district to that where his qualifi- cation is situate, and it tvould be more convenient to canvass him where he resides, his name and address must be inserted in the " non-resident voters list" and sent to the chairman of the latter ward or district, who will enter his name in the " non-resident to be canvassed list," and cause him to be canvassed and the result reported as in the case of the " removals to the canvassed list." Voters left IL If any voter is returned by a canvasser as having left the ' "" town, &c., his name and register number, and all the information possible about him must be entered in a like list entitled " out voters," and must be sent to the central committee room. The fact of his having left town must also be carefully noted in the ward or district book. DoiiMp r|ii»Hfi- !-• If a voter's name appears more than once upon the register catlonsof voter*, (whether in the same or different wards or polling districts), infor- mation of the fact with the register number, and the name of the 81 list must be sent to the central comniifctoe, and also marked in the ward or district canvass book. 13. No payment or promise of payment must, under any circum- Voters' tnvc\- stances, be made to a voter for loss of time or travellin;^ expenses, nor must refreshments be provided for, or money for refreshments paid to him. ] 4. If a voter will not pledge to the canvasser calling \ipoii him and Special canvas- some friend is supposed to have letjitimafe influence with him, the ' " chairman may, in his discretion, fill up and send to such friend the circular letter provided, (treat care must, however, be exercised in sending such circular (which ought to be sent to kno^vn friends only), to send ic such friends alone as have influence with a voter, apm't from their positions as master, overlooker, &c. 15. Tiie committee rooms are under the entire control of the Control of Com - ,. . ,. i-,T,- 1- -T ,1 mittee room. chairman or vice-chairman tor the time being presining, who has power to exclude any jierson therefrom. No refreshments of any kind must bo allowed in them, under any pretence whatever, and all treating must be rigidly discountenanced by every member of the committee and every person engaged for the candidates, whether gratuitously or otherwise. 16. The clerks and messengers of each ward or district are under clerks, &e. the orders of the chairman or vice-chairman for the time being pre- siding. 17. The names of all persons attending the committee rooms or meetings should be taken down by the clerk under the directions of the chairman or vice-chairman before any business is discussed. This will show who are the most zealous and earnest supporters, and also be a means of detecting spies if any such should get into the room. 18. The chairman must see that the^Ierk in charge is atttntive to Clerk in diarge. his duties, that he keeps the ward or district book duly posted up, and that all books and papers are kept in a safe place, so that nobody except authorised persons can obtain access to them. 19. As it is now illegal to hire cabs or carriages for the conveyance Cals, &c. of voters to the poll, the ward or district committees should ascer- tain what friends are willing gratuitously to lend vehicles, horses and drivers on the day of election, and send in a list to the central committee. It is not necessary that the conveyance be one for which duty is paid, as any conveyance may be used, as farmers' carts, etc., without being liable to licence or duty. The committee should seize every opportunity also of obtaining the gratuitous services of all friends to the cause. If such services are offered they should be thankfully accepted, if from persons upon whom reliance can be placed not to infringe the law. G 82 20. Further instructions will be supplied as to the course to bo adopted on the day ot polling. 21. The ward or district committees should meet as often as necess iry (daily, on the near approach of the election), and the chairman and vice-chairman should attend such meetings as often as they possibly can. 22. Tlie chaitman and vice-chairman of each ward or district committee are members of the central committee, and must regu- larly attend its meetings. 23. Anything required by a ward or district committee involving money expenditure should be reported to Mr. the election agent, and it will be at once attended to, as it is illeijal to incur any expenditure except through or with the previous sanction of Mr. 24. The candidates urgently desire and request that the provisions of the Acts now in force for regulating elections may be strictly and rigidly adhered to by their friends and supporters before and during the election, as they will not hesitate to disavow, publicly if necessary, any departure from the requirements of the law; and they hereby expressly declare that tliey will not sanction or be resj)onsible for any cost, charge, payment, or liability whatever which may be illegally made or incurred. 25. These instructions are to be kept perfectly private and confi- dential, and must be returned to Mr. immediately after the election. The clerk in charge in (?aeli ward or polling district should also be furnished Avitli the following: — Form No. 31. Parliamentary Election, 18 Messrs. SMITH and JONES. INSTRUCTIONS TO WARD TOR DISTRICT] CLERKS IN CHARGE. rksiucliarte 1. Each clerk in charge must attend at his own committee room daily fiora a.m. to p.m., and mu.st at all times be ready to give his advice and assistance to canvassers and voters requiring it. 2. Ho will be furnished witli a register of voters in his {District] ward, called the {lJi. o M 1 1 Number of Cards. No. of Inside Slip. HI O No. of Outside Slip. Name or Number of Station. S a t 1 o w 102 Eeturn to central committee. This book may be made of a number of sheets of paper, foolscap size. The clerk in charge of it should be particular in seeing that he gets the slips, both outside and inside, in regular order, and should carefully examine every slip to see that its consecutive number follows the preceding one. If a slip is naissing, he should instantly despatch a messenger to enquire into the irregularity. Every half horn- he will rule oti" the books and add up the numbers, making it each time a gross state of the polling. He ought then to despatch to the central committee a copy of the totals in his book, thus : — Form No. 41. .Election, 18. .and. No. Messrs. SMITH AND JONES. Return of Polling in the Ward or Polling District, Time. Total Number Voted. Total Number of Cards sent in. How Voted. Signed .Chairman. To be sent every half-hour to central committee room, No. Street. 103 These returns should be upon half sheets of paper, large note size, and as they must be sent under cover, a number of envelopes should be addressed to the central committee ready for use. At the central committee room another polls return book gommi'ttee should be kept to show the gross state of the poll through- book.*^^ "'" out the borough or division. It may be made thus : — Form No. 42. T3 O > O Total Number of Cards. Total Number Voted. No. of Eeturn. Name of Ward or Polling District. ai Every half hour this will be ruled off, and the gross 104 totals added up, care being taken to see that the returns have first been sent from every ward committee. The books and forms under this head are, as stated, only required when an approximate state of the poll is wanted ; as the value of the latter is very doubtful, and as its attainment, where there are more than two candidates, involves a considerable amount of extra labour on the day of polling, when every effort should be used to get up favourable voters to the poll, it may be wise to dispense with it. 5.-P0LLING AGENT'S APPOINTMENT. Each candidate may appoint one or more agent or agents to attend at each or any of the polling stations on the day of election to detect personation. Notice must however be given in writing to the returning officer or his deputy previous to the opening of the poll, of the names and addresses of the persons so appointed.^ None of these agents can now be paid. If it is necessary to pay a polling agent, he must be appointed by the election agent.^ The form can be easily adapted. The following form may be used : — Form No. 43. Pakliamentary Election, 18 To Esquire, Returning Officer of the of I, A.Ii., of &c., Esquire, a candidate at the above election, do hereby give you notice tliat I have appointed the undermentioned persons to be agents on my behalf, in the several polling stations 1 6 AT Vio.,c. 16, sec. S.";, and Ballot Act, 1872, sec. 24, and 3rd schedule thereto. 3 C. P. Act, 188.1, sec. 27. 105 set opposite their respective names, for the purpose of detecting personation, pursuant to the statute in such case made and provided — Name. Address. Ward or District. No. of Station. Dated this. .day of A.D. 18. Signed. Eax3h personation agent should also be provided with a separate appointment, to be delivered as his credentials, to the deputy returning officer of his station, immediately before the opening of the poll. Form No. 44. Parliamentary Election, 18 I, A.B , of &c., Esquire, a candidate at the now approaching elec- tion of members to serve in Parliament for the of , do hereby nominate and appoint (name) of (address) an agent on my behalf, to attend at the polling station, No. in ward (or district), appointed lor taking the poll at such election, for the purpose of detecting personation, pursuant to the stitute in such case made and provided. Dated this day of ad. 18 Signed 106 6.-POLUNG AGENTS REGISTER. This is a copy of the register or of the part of it containing the names of all the voters polling at each polling station. It should be interleaved, if necessary, and ruled with columns like a canvasser's book, and with wide spaces for remarks. reMfste"/ ^^ ^*^^ object is to give such information to the persona- tion agent as will enable him to detect any attempt at personation, and prevent voters with double qualifications from voting twice, the way in which each voter is pledged must be carefully marked from the ward or district com- mittee book, and each double qualification correctly noted. Every " remark," too, in the ward or district committee's register referring to voters who are dead, or on the day of election will be away from home, or who " won't vote," or are " too ill to vote," &c., &c., must also be transferred to the name of the voter in the polling agent's register, which must be revised and corrected up to the last moment on the eve of the election. 7.-POLLING AGENT'S INSTRUCTIONS. A copy of the following instructions should be supplied to each polling agent, Avho should be requested to read them over carefully : — Form No. 45. Parliamentary Election, 18 Messrs. SMITH and JONES. INSTRUCTIONS TO POLLING AGENTS. 1 . Tho agent to be at the polling station at a quarter before eight o'clock precisely, and immediatehj bffure the poll opens to deliver his appointment to the deputy returning officer. 2. Thu poll opens at eight o'clock a.m., and closes at four (five) o'clock p.m. 107 3. If the agent has not previously ma le the statutory declaration of secrecy, he must make it before the returning officer or a justice of the peace.i 4. Tiie presiding officer at every polling station is bound,^ just before the commencement of the poll, to shew the ballot box, so that it may be seen that it is empty, and then to lock it up, and place his seal upon it in such manner that it cannot be opened without breaking the seal. He should then place it in full view, and keep it locked and sealed until it is opened in the presence of the returning officer. The agent should see that this is done. •5. The agent, if not paid for his services, is urgently and par- ticularly requested, if a voter, to give his own vote immediately the poll is opened. If paid, he cannot vote. 6. The agent will be furnished with a copy of the register, con- taining the names of the voters polling at his station. No other person can poll at his station. 7. This register will be marked with pledges for Messrs. Smith and Jones, and the pledges given to the other candidates, and any other information that is necessary. 8. As a voter comes to the poll and gives his name, the agent will turn to his name in the register, and observe if there be anything shewing that the voter is to be objected to. If there is, he will at once request the presiding officer or his clerk to put the questions, and, if necessary, to administer the oath. The only questions the return- ing officer can put to a voter 3 are : — 1. Are you the same person whose name appears as A.B. in the Questions. register of voters now in force for the of h 2. Have you already voted, either here or elsewhere, at this election for the of ? The oath is to the same effect, but is sworn to by the voter. 9. The attention of the agent is particularly requested to the fact that no other questions can be put to a voter than the two above quoted, and that no question must be put, except on the request of an agent appointed in ivriting, and whose appointment has been given to the returning o^cqv })revious to the opening of the poll, and who has didy made a declaration of secrecy. The agent should, therefore, be satisfied that this has been done by the other side as to their agent before he allows any questions to be put at his request. The presiding officer has no right to put the questions or tender the oath, unless required by a duly appointed agent. 1 Ballot Act, 1872, schedule 1, part 1, rule 54. 2 Ibid, rule 23. 3 6 and 7 Vic, c. 18, sees. 81, 82, and Ballot Act, 1872, sec. 10. 108 Voter dead, &c. Voter beiiii^ personated. Ballot Paper. How ballot taken. Voter spoiling bsxilot pupei. 10. In all cases where the word "dead" is placed opposite a voter's name, and an attempt is made to personate the voter, or where the word "duplicate" is written opposite a voter's name oiot jiledged to Messrs. Smith and Jones, the agant is to request the presiding officer to put the questions, and, if necessary, the oath. 11. In all cases where the voter is not. jyledged to M.QSsTs.%m\t\\. and Jones the agent should, if he has the slightest reason to sup- pose an attempt is being made at personation or double voting, require the oath to be put. 12. In case the polling agent is satisfied a voter is being per- sonated, the agent's duty is to declare to the presiding officer that he believes and undertakes to prove that the person voting is not, in fact, the person in whose name he appears to vote, whereupon the presiding officer is bound to order the party to be taken into custody. No clerk of the presiding officer can order a person into custody, or order the removal of any person from the polling booth 1 13. The ballot p 'per will consist of a paper containing, on the face of it, the names and description of the candidates, and on the back of it a number. Each paper will have a counterfoil to it, with a number on its face, corresponding to the number on the back of the ballot paper. 14. When a voter comes up to vote, his number, name, and description, as stated in the copy of the register, will be called out, and his number will be marked ontlie connterfoil. Inwiediafeli/ before the ballot paper is given to him, it must be marked on both sides with the official mark, by being either stamped or perforated, and then a mark must be placed by the presiding officer in the register against the number of the voter, to shew that he has received a ballot paper, but it must not shew v^hivh he has received. The voter must then go into a private compartment in the station and mark for whom he votes. He must then fold up the paper, shew the official mark on the back to the presiding officer, put it into the ballot box, and quit the station.2 The agent must see that all those regulations are strictly observed, particularhj that the official mark is placud on all papers given out to voters pledged to Messrs, Smith and Jones, and if any deviations are made from them he should carefully note down in what cases they occur. 15. As each person receives his ballot paper, the agent will place a mark in his register against the voter's number. 16. If a voter accidentally spoils a ballot paper the presiding 1 Ballot Act, 1H72, sfhedule 1, part 1, nile .50. a Ballot Act, lS7a, sec. 2. and schedule 1, part 1, rules 24, 25. 109 ofliaer must give him another, but the spoiled one must be kept by the presiding officer. 17. If a voter comes up to vote, and it appears tliat he is pledged Voter to vote for Messrs. Smith and Jones, but that some one has prt- ''*'*°°* * viously voted in his name, he is entitled to mark a ballot paper (of a diflferent colour to the other ballot papers), but instead of put- ting it into the ballot box he must give it to the presiding officer, who must keep it in a separate packet, and enter it into a list called the " Tendered Votes List."i The agent must insist upon such votes being taken, and must enter full particulars of them at the end of his register, 18. If a voter is blind, or otherwise physically incajiable of voting Vnter bliuii, in the manner above mentioned, or if he is a Jew, and the poUing ^" takes place on the Saturday, and he objects, on religious grounds, to vote in such manner, or if the voter declares he is unable to read, the presiding officer must, i?i the presence of the ar/e/ds of the candidates, mark the ballot paper as directed by the voter, and place it in the ballot box, and insert the name and register number of the voter in a list to be called " The List of Votes marked by the Returning Officer." The agent need not keep any record of these votes unless something particular arises. 19. The agent must see that no persons on the other side are PorsoiH allowed in the polling booth except the dull/ apjiointed clerks and jjouth.' agents, and if this rule is infringed he must require the presiding officer to exclude them, which he is bound to do.^ The candidates are entitled to be present.^ The agent must not communicate, nil)' allow anyone else to communicate, any information as to the names or numbers of the electors who have or have not voted. 20. Immediately after the close of the poll the presiding officer Close ot poll. nmsi, in the jjresence of the affents of the candidates, make up into separate packets and seal with his seal, and the agent may, if he thinks iit, also seal with his seal— 1 . The ballot box. 2. The unused and sjwilt ballot papers placed together. 3. The tendered ballot papers. 4. The marked copies of the register and the counteifoils. 6. The tendered votes list. The list of votes marked hy the jyresiding officer. A statement of the number of voters in the last-named list, under the heads of "physical incapacity," "Jews," and "unable to read," and The declaration of inahiliiy to read. 1 Ballot Act, 1872, schedule 1, part 1, rule 27. 2 Ballot Act, schedule 1, part 1, rule 21. 3 Ibid, rule 51. no These must he delivered forthwith to the returning officer, and the agent nmst accompany them. 21. If required, the agent must attend at the counting of the votes, to verify his seal on the ballot box and packets. 22. If any irregularity be allowed by the presiding officer, the agent must foi-f/nrith make a note of the matter for future refer- ence, if necessary. 23. At the close of the poll the agent will collect all the books and papers, and, as soon as convenient, leave them with the elec- tion agent. 24. Refreshments will be sent at one p.m. 8-COUNTING AGENT'S APPOINTMENT. canduiateto Bv Eulc 31 of the Ballot Act, schedule 1, part 1, the appoint count- ing agent. candidates may respectively appoint agents to attend the counting of the votes. By Rule 32 the returning officer shall make arrange- ments for counting the votes in the presence of the agents of the candidates as soon as practicable after the close of the poll, and shall give notice in writing to the agents appointed to attend the counting of the votes, of the time and place at which he will begin to count the same. No limit is put to the number of agents who may attend for each candidate, but by the .32nd rule the name and address of every agent " 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.^^ If this is not done, the returning officer may refuse to admit him to the counting of the votes. The election agent should therefore send in his own name and the names of all such persons as he desires shall attend the counting of the votes not later than the day but one prior to the election. Tt may be desirable to include in the list the name of one polling agent from each polling station, who should (where it is thought advisable) be ill deputed to place a seal upon the ballot box, and after- wards to verify it before the box is opened by the return- ing officer. A quick, intelligent clerk should also be included, who will check the account of the votes given for each candidate. The following form of notice to the returning officer may be used : — FoKM No. 46. Parliamentary Election, 18 To Esquire, Returning Officer for the of , Form of Ap- lointiiient. I, A.B., of &c., Esquire, a candidate at the now approacliing elec- tion of members to serve in Parliament for tlie of , do hereby appoint the undermentioned persons to be agents on my behalf to attend the counting of the votes. Name. Address. 1 (Signed) A. B. This list should be prepared in duplicate, and one sent to the returning officer and one kept. Every person attending in a polling station, or at the counting of the votes, must make a Declaration of Secrecy, pursuant to the 54tb Kule of the Ballot Act. It is a good plan to arrange for the polling and counting agents and others to meet a Justice of the Peace at a certain place, where all the declarations can be taken at once. 112 Agent dying, jf ^j^y agent dies 01* becomes incapable of acting, the candidate may appoint another in his place upon giving notice forthivith to the returning officer.^ 9.-DECLARATI0N OF SECRECY. Form No. 47. Parliamentary Election, 18.. Messrs. SMITH AND JONES. DECLARATION OF SECRECY. (NOTICE TO POLLING AGENTS AND COUNTING AGENTS.) To Mr. Dear Sir, You are requested to attend at on the next, at o'clock, in order to make the Declaration of Secrecy required by law to be made by every person who attends on behalf of a Candidate at a Polling Station or at the counting of the votes. Yours faithfully, Election Agent. The Declaration is as follows :- " I solemnly promise and declare that I will not at [tliis Election for do anything forbidden by Section IV. of the Ballot Act, 1872, wliich has been read to me." (Signed) Made and subscribed this day of 188 . before me A Justice of the Peace for the of (or Returning Officer for the of ' .) 1 Ballot Act, schedule I, part 1, rule 53. 113 10.-WARD OR DISTRICT COMMITTEE'S INSTRUCTIONS. These instructions are intended to be given to the chair- men of wards or districts two or three days previous to the poll, at a meeting specially convened by the agent for the purpose. The clerk in charge of each ward or district should also be present, and the agent should read over the instructions to the meeting and give such explanations as may be needed. He should also, at the same meeting, de- tail the modus operandi of the whole of the machinery of the election, from the tendering of a vote in the polling station to the record of the voter having voted on the wall sheet, and if intending to have a state of the poll, to the final return to the central committee. Form No. 48. Pakliamentary Election, 188. Messrs. SMITH AND JONES. INSTRUCTIONS TO WARD OR DISTRICT COMMITTEES ON DAY OF POLLING. 1 . The chairman and clerk in charge must be at their committee room not later than 7.15 a.m., and must remain there during the whole time of polling. 2. The chairman must see that all wall sheet clerks, messengers, and other officers are in their proper places at 7.4-5 a.m., and must have one or two persons ready to supply the place of anyone absenting himself. 3. He must see that each person thoruughjy understands the duties he has to perform, and must, the day before the election, clearly explain the routine to be gone through at the polling. 4. This election being conducted on the principle of each ward or district managing its own aifairs, the committee is particularly requested to use every exertion they possibly can to bring up voters to the poll without instructions from the central committee. The I 114 doubtful and unpledged voters should first be attended to, as strong party men may be relied upon to vote either voluntarily or on being sent for. 5. Arrangements nn;st bo made lor collecting the cards of friendly voters after they have polled. For this purpose they should be urged by the canvassers to deposit their polling cards at the committee room, or to give them to an active member of the committee, who should he pointed outside the pollinri station' to receive them, as soon as possible a/Vcr polling. It should be clearly ex- plained that the object is simply to ascertain whether the voter ^as- polled (not hoio he has voted), and to prevent his being visited unnecessarily at a later period of the d ly. Where the cards are collected outside the polling station, thej' should be sent as often as possible, by messengers, to the committee room and handed to the wall sheet clerks, who will strike the names off the wall sheets or marked register. 6. The chairman mxistf rerjuentli/ from time to time examine the wall sheets to ascertain who has and who has not voted, and if the voters in charge of any particular canvasser are not polhng so rapidly as desirable, he must forthwith despatch a messenger to the canvasser to inquire the reason. If necessary, he must send assistance to the canvasser, and get some active friends to wait upon the voters. 7. It is particularly urged that chairmen, clerks in charge, canvassers, clerks, messengers (who are voters and unpaid), should vote at the first convenient opportunity, and that as many friends as possible be got to attend at the polling booth before 8 a.m., so that Messrs. Smith and Jones may head the poll from the first. 8. The chairman should have two canvass books prepared for him, containing the names of all ont-voters ; those pollint/ in but residing out of his ward or district in one book, and those residing in but polling out of the ward or district in another. He should constantly during the day refer to the voters in the first book, and see, by reference to the wall sheets, that they are duly polling. As each person is maiked off on the wall sheet as having voted, his name should be struck from the canvass book. If any voters remain unpolled after noon, he should send their names upon a voters un- polled card to the chairman of the ward or district where they have been canvassed, and if there is any continued delay in their voting, he must send a special messenger to bring them up. When sending to a chaiiman of another war i or district, each chairman should also send a list of those persons residing in the other ward, &c., who Xyavq polled in his ward, &c. This will enable euch chairman to 115 Tcnow that the voters in his second book have polled, and he will mark them off accordingly. 9. The chairman is personalhi reajyoi^sible for the punctual trans- ''?'?' r^pdrad •' ' •' _/ iihmx a state of mission of the state of the j)oll to the central committee room every poU is wanted. half hour upon the form^ provided for the p>urpose. 10. Especial attention should be sfiven to unpledf/edvoters, particu- larly to those who are favourable, and friends of position and weight should see them, if possible, and get them to vote. 11. A small committee or an energetic man should be appointed to take charge of the conveyances gratuitously lent for the day of poll. Infirm, doubtful, and voters pressed for time must be first attended to, and every care must be taken to arrange the routes so as to avoid waste of time. 12. As soon as the voting in their own ward or district is ex- hausted, the* services of as many of the conveyances, committeemen and canvas''ers as possible, should be transferred to any other district where they may be required. 13. The nrecautions against bribery or treating must be redoubled •on the polling day, aiid every pressure iii this direction on the part of voters must be promptly and rexolufely resisted and their atten- tion called to the consequences to themselves, as well as others, wliich would ensue from any breach of the law. 14. Any instance of improper practices on the part of opponents must be carefully noted in ^vl•iting, the names of informants, witnesses or others having knowledge of them secured, and the election agent at once informed. 15. The chairman will have the custody of the retreshment tickets for canvassers, etc. He will Imve a card containing the names of the canvassers, clerks, and messengers actively encaged in the election, with a column ruled down one side. Under no circum- stmces must more than two cards be jjiven to a canvasspr, &c. ; ono in the forenoon and the other in the afternoon. When the first card is given the chairman must make a mark thus. 1, opposite the name of the person to whom it is given, and when he gives the second card to the same person he must cross the first mark thus Y . It will thus be seen at a glance when a canvasser, &c., ha^ had his two cards. No card is transferable, and 7ipon no account must a card be given to a voter, either by the chairman or anvone else. The refreshments are intended solely for the use of the officer's necessarily enyayed in and actually conducting the election, and the central committee will hold the chairmen of committees responsible for any departure from this intention. 10. The chairman or clerk in charge of the ward or district must, 116 at the close of the polling, collect all books, wall sheets, papers, and memoranda whatever relating tj the election, and secure them in a safe place. 17. These instructions must be kept by the chairman, and must be returntd to Mr. immediately after the election. 18. In case of any difficulty arising during the polling, application must be made to Mr. , at the central committee rooms, 1^0. Street, 11-INSPECTORS OF REFRESHMENTS. INSTRUCTIONS. Form No. 40. Parliamentary Election, 188 Messrs. SMITH & JONES. 1. The inspector of refreshments will have sole charge and authority over the refreshment room, and will be responsible to the committee for the strict carrying out of these instructions. 2. No person, on any pretence whatever, must be admitted within the refreshment room unless provided with a ticket, a duplicate of which will be given to the inspector on the morning of the day of polling. 3. The refreshments are intended sulehj for the canvassers, clerks, and messengers necessarily carrying on the election, and it is an imperative instruction to the inspector not to allow any person (even with a ticket) to enter the I'oom whom he knows does not fill one of these offices. 4. Before a person is admitted into the I'oom his ticket must be carofully scrutinized to ascertain that no forgery is being attemjited, and the ticket must be taken from him, and carefully kept by the inspector. u. No pex'son must be admitted more than once in the forenoon and 07ice in the afternoon, whether he has more tickets or not. 6. No person must be allowed to remain in the room more than a quarter of an hour, and no refreshments must, on any account, be bupplied outside the room. 7. The room nmst be closed i^unctually at j-j.m., an'l the inspector nuist then either lock up the room, or have the remainder of the refreshments removed to a place of safety. He must also 117 seal np the tickets he has received, and return them forthwitli to Mr. , the election agent. 8. The inspector's particular attention is drawn to the Acts of Parliament against bribery and treating, and he is strongly urged not to permit any violation of the law, as such might render the election of Mr. void. The committee have selected, for inspectors of refreshments, men in whom they have great con- fidence, and they earnestly hope this confidence will not prove mis- placed, but that the inspectors will act up to both the letter and si)irit of these instructions, and allow refreshments only TO PERSONS NECESSARILY ENGAGED IN CARRYING ON THE ELECTION, AND TO THOSE ONLY NEEDFUL REFRESHJIENTS. 12.-UNP0LLED VOTERS CARDS. These are small cards intended for use in the after part of the day of polling. The names and addresses of two or three voters, resident in the same neighbourhood, and who, though pledged for the candidate, do not appear from the wall sheets to have polled, are written on a card and given into the hands of some active friend in the committee room with instructions to see the voters and get them to poll. Form No. 50. .Parliamentary Election, 18. The following persons, pledged to Messrs. Smith and Jones, do not appear to have voted. Please see to them immediately, and get them to poll. Progressive No. Name. Address. 118 The wall sheet clerk and an assistant should employ themselves during the afternoon in extracting from the wall sheets the names, &c., of the unpolled voters and writing them on these cards. The chairman or superinten- dent of the committee room should then either see the canvasser in whose charge the voters are or some other active friend, and get him to wait upon the voters and see that they vote. STAFF ON ELECTION DAY. With regard to the staff requisite for condiicting the election on the day of polling little need be said, except that each person employed should clearly understand the special work which he is detailed to, so that no confusion may arise as to who is to fill any particular post. A list should be prepared in each committee room of the persons appointed to each department of work in the com- mittee room and the polling station to which it is attached, and a general list should be prepared for the use of the election agent. The persons appointed should be sober and intelligent men. They should not be voters — at least those who are paid should not be voters, otherwise they are disqualified from voting.^ The duties of the various officers may be gathered from the preceding instructions applicable to each, but a few words may be said as to the class of men required for the different positions, and in explanation of matters wliich might otherwise not be left quite clear. POLLING AGENTS. It is no exaggeration to say that the success of a closely- contested election under the Ballot Act will depend mainly 1 Representation of People Act, 18ti7, sec. 11. 119 upon a suitable choice being made of men to act as polh'ng or personation agents. They are, under the secret system of voting, the only persons who have the opportunity of watching the proceedings of the returning officers, and as the latter are almost invariably partizans on one side or the other, it will be seen at once how desirable it is that the polling agents should be men of sufficient ability and standing to keep them in check. It is very desirable, therefore, that the chief polling agent in each polling station should be a lawyer of some standing in his profession, or a man of position and ability, and in selecting the agent for each station regard ought to be had to the standing and capacity of the retm-ning officer of that station, so that the ablest agent should be put with the ablest returning officer, and so on. If the chief agent of a station is one who is well acquainted with the voters polling at that station, so much the better, but if he has little or no knowledge of them, then one or two other agents should be appointed to act with him. These agents should be men who are well acquainted with the particular voters assigned to poll at that par- ticular station — schoolmasters, collectors of rates or taxes, rent collectors, friendly societies' agents or collectors, &c., are persons very likely to know great numbers of voters, and if friends filling these positions can be got to act as polling agents, they make the most efficient representatives. If such cannot be got, then the best arrangements must be made that are practicable, but it is almost worse than useless to have agents who know nothing about the voters. The chief agent in each station should have a copy of the instructions to polling agents given to him, and he should be urged to make himself acquainted with them. It should also be strongly impressed upon him that it is his duty to see that every requirement of the Ballot Act 120 is duly and properly carried out by the returning officer, and that a note of any irregularity allowed by the latter should immediately be made for subsequent reference if necessar}^ The polling agents must make the declaration of secrecy. VOTERS POLLED CLERKS AND MESSENGERS. The duties of the above are sufficiently shewn by a reference to the description of the " Polls Ketum Books, &c.," at page 97. These officers are only required when an approximate state of the poll is considered desirable. WALL SHEET CLERKS. These should be steady and intelligent men, as bank clerks, schoolmasters, book-keepers, &c. They should have entire control over the wall sheets, which should be nailed upon the wall and within a little barrier made of chairs, tables, &c., behind which no other person must be allowed. If convenient, the wall sheets may be placed near to a letter box prepared for receiving the voters' cards after polling, and the clerk can then take out the cards as they are dropped into the box. If this arrangement cannot well be carried out, then another clerk must be deputed to attend to the letter box, and to carry the cards from time to time to the wall sheet clerks. When tbe latter receive the cards they will count them and enter the number in a book provided for the purpose. One of the clerks will then take the cards and call out each procjresaive number and the voter's name, whilst the other, with his red and blue pencil, will strike them out on the wall sheet by a 121 diagonal Hue from rigltt to left, as a sign that the voter has voted. As the latter does this, the former will place the card on a file. If the Register itself is used as a wall sheet the Register nmnber and name will be called and struck out. If an approximate state of the poll is required, and there are irnore than two candidates, the clerk striking out the number and name will call out how each is pledged to vote, and a slip clerk (who must in such case be provided with a seat near) will then record it in his slip book. The Avail sheet clerks must from time to time examine their wall sheets, and if they find any particular street or district not voting as rapidly as the general body of voters, they must call the attention of the chairman of the com- mittee to the fact forthwith. As the polling gets slack, they must also extract upon the " unpolled voters cards " the names of voters unpolled and hand them to the chairman, who will instruct friends to fetch them up. POLLS RETURN CLERKS & SLIP CLERKS. These clerks will only be necessary where a state of the poll is required, and their duties may be collected from a perusal of the instructions given at pp. 97-104. They ought to be careful and intelligent men, and accustomed to accounts. INSPECTORS OF REFRESHMENTS. The inspectors should be steady, sober men, who can be thoroughly relied upon to carry out their instructions. Providing refreshments on the polling day for persons hona 122 Jide engaged iu tln' work of the election is not illegal,^ bnt the greatest care should be taken that no mere voter is allowed even inside the refreshment room, let alone to partake of any refreshments. The inspectors should, there- fore, be men of good temper, but of firm, unyielding dis- position. It is, of course, desirable that every person engaged in the election should provide his own refreshments ; but this cannot be done in every case, and, therefore, it is most necessary, where refreshments have to be provided, that it should be done under stringent reo-ulations. The inspectors cannot be paid for their services. CARRIAGE SUPERINTENDENT. Illegal to pay for Any payment or contract for payment on account of conveyance of voters to poll, the couvcyauce of electors to ox from the poll, whether for the hiring of horses or carriages, or for railway fares, or except where otherwise, is au illegal practice^ except in a county, the sea or arm there- ' o r^ r u" of to be crossed, ^^^^^ure of which is such that any electors residing therein are unable to poll without crossing the sea, or a branch or arm thereof. In the latter case, means of conveyance may be provided, and the cost may be charged over and above the maximum allowed for election expenses.^ Voters may pay Aud nothin'*- iu the Act is to prevent a carriage, horse, for their own ^ ^ d ^ ' or other animal being let to or hired, employed or used by an elector, or several electors at their joint cost, for the purpose of being conveyed to or from the poll.' The joint contribution, however, must be a bona fide one and not illusory merely, ex. gr : If one man paid two shillings and another half a crown, there would be a bond fide joint 1 Bradford Elootiou Petition, lit. Law Times lieports, N.S., 728. Westminster Election Petition, 20, Law Times Eeports, N.S., 23.S 2 C. P. Act, 1883, sec. 7. 3 Ibid. sec. 48. 1 Ibid. sec. 11, sub. sec. S. conveyance. 123 hiring-, but if one man paid a sovereign and another a penny, the hiring would be simply an evasion of the Act, and all the parties would be liable to penalties. It will be observed that the provisions of the Act are directed against thepaynieRt of travelling expenses, whether by the candidate or his agent, or by any other person voluntarily or otherwise. There is nothing therefore, prohibitinof the use of vehicles Vehicles may be o' ' Jr t) lent, gratiii- gratuitously lent, even though the object be expressly for'""^'^* tlie conveyance of voters to and from the poll, indeed the gratuitous use of vehicles for these purposes is so far favoured that it is provided that no person shall be lial)le beiugliaweto to pay any duty or take out a licence for any carriage by out uceiice. ' reason only of such carriage being used without payment or promise of payment for the conveyance of electors to or from the poll.^ Not only, therefore, can friends be asked to lend their carriages, for which duty is paid, but friends having carriages, gigs, light carts, &c., which ordinarily are exempted or not chargeable with duty, can lend them for the purpose of conveying voters to and from the poll, if such are lent gratuitously, without being subjected to coach or carriage duties. As pointed out in the Instructions to Ward and Dis- trict Committees, enquiries should be made to ascertain what friends have conveyances and whether they are will- ing to lend them on the day of poll. Many who would object to lend their carriages for general use would be willing to arrange to convey voters from their own neigh- bom'hood, especially those who are known to them, and where an objection is made to placing vehicles at the absolute disposal of the committee, arrangements should be made, as far as possible, for their limited use. 1 C. p. Act, 1.SS3, sec. 14, sub. sec. 4. 124 Not legal to hire or lend public staj;e or hackney car- riages or horses and carriages kept for hire. Carriages "jobbed." Lists of per- sons willing to lend convey- ances. It may be mentioned here that no 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 kept or used for letting out to hire, can be let, lent, or employed for the conveyance of electors to or from the poll.i Hence, no person can lend, gratuitously even, a horse or carriage which he keeps or tises for any of the above purposes, and no person can hire such, for the pur- pose of gratuitously lending the same, without being guilty of an illegal hiring. It is conceived, however, that the above section does not apply to carriages "jobbed" for a term if they are bona fide hired and intended to be used as private conveyances. Lists should be made of the names and addresses of friends who are willing to place their conveyances at the disposal of the committee, as well as of those who will undertake to bring friends and neiglibours from particular districts. Form No. 51. Parliamentary Election, 188 CONVEYANCES. Ward {or District). The following friends will lend their vehicles gratuitously on the polling day : — Name. Addi'ess. Description of Vehicle. No. of Seats. Remarks. 1 C. p. Act, 188.S, sec. 14, sub-sec. 1. 125 Carriages maybe hired and paid for by the candidate for cabsfomseof iiiessenjjers, &.c. the use of messengers and others who are merely desirous of getting quickly from one place to another, but on no account must they be used for bringing up a Voter to or taking him back from the poll, it having been held that it is the intention of the legislature "that persons should go to the poll either by walking or by their own conveyance or the conveyance of some friend." ^ Car- riages hired, therefore, on behalf of a candidate should have the following notice posted upon them : — Form No. 52. " This carriage is intended solely for the use of messengers and committee-men, and must on no account be used for the conveyance of a voter to or from the poll. " By order, In boroughs and in every polling district of a county it Carriage super- will be found most convenient to have a carriage superin- tendent who, either by himself or with the assistance of one or two others, will make all the necessary arrange- ments for marshalling, placing, and directing the move- ments of the cabs, &c. In boroughs he will solicit the gratuitous loan of con- Duties of in " '-' boroughs. veyances from friends ; arrange with chairmen of committees how many cabs for messengers, &c,, and carriages for voters respectively are to be sent to each committee room ; tell off, the day before the poll, the particular cabs and carriages to attend each committee room ; see the notices posted in the candidate's cabs ; appoint a deputy to each committee room for the day of polling, and supervise generally the working out of the arrangements. He must have absolute power over the vehicles and drivers, and be 1 Martiu B.— Salford Election Petition. 30, Law Times Keports, N.S., 122. 126 empowered to remove them where not wanted to other l^laces where they are wanted. He must be continually going about on the day of election, so as to prevent them being kept idling, and the candidate's cabs being used for conveying voters. In counties. jj^ couuties it will be the duty of the superintendent to arrange with the various parish or township committees for the conveyances to be at certain fixed points, at certain hours, to meet the voters who will assemble there. He will also arrange the routes which the conveyances must take, so as to pick up single voters on the road, and the places from Avhich and the times at which the conveyances will leave on the return journeys. For these purposes he will require a return to be made to him of the number of voters assembling at each fixed point and the hour at which they will be ready to leave, and it will then be his duty to see that a sufficient number of conveyances are at the appointed places at the appointed times. He cannot, of course, be paid for his services, but the cost of the cabs hired for the messengers must be included in the Election expenses. OUTDOOR SUPERINTENDENT. In boroughs it is very desirable to have, on the day of election, a cool-headed and experienced man whose business it will be to visit from time to time the various committee rooms to see that everything is working smoothly and properly. Tf any difficulty arises, as from the negligence, ignorance, or incapacity of clerks, messengers, &c., he will have the duty of putting it right, and as he will know from frequently visiting the various ward or district com- mittee rooms where assistance is needed and where it is superabundant, he will confer with the chairmen of the respective committees as to obtaining or rendering such 127 assistance. He ought to be provided with a cab specially set apart for his use. DETECTIVE COMMITTEE. The use of such a committee has in several instances prevented an election petition. The committee should be composed of three persons, one of whom should be a lawyer, or otherwise a person well skilled in election law — and the others shrewd sensible men of the class of which the great bulk of electors is composed. Their duties will be two-fold : first, to jDrevent illegal Duties, practices on their own side ; and secondly, to obtain and note down at the time, all the particulars they can get of any illegal practices committed by their opponents. It will be found during the progress of a canvass that many rumours will be circulated in reference to certain persons having offered or been offered bribes, and as to others having been intimidated or having used intimidation, &c. In most cases these rumours will turn out, upon investigation, to have little or no foundation, but in a few cases they will turn out to be undoubted facts. If a rumour of any illegal practice having been com- mitted by a friend should come to the knowledge of the detective committee, the chairman of the committee should at once seek a private interview with the friend and tell him of the rumour, but should at once say that he assumes it to be untrue and does not ivish for any explanation, but if the friend thinks that anything he has done is open to misconstruction, he had better take steps to explain. If the rumour should be of illegal practices by the other side, the Chairman should, either himself, or by his two assistants, make every enquiry in the matter, and note down, in 128 writing, every particular as to names of informants, parties to transaction, witnesses, dates, &c., he is able to obtain. The enquiries must be quietly and cautiously made, and should not be allowed to become known on the other side. Everything should be put down, whether strictly evidence or not, as in the event of a petition upon the ground of one or two illegal practices, a hint that proof will be forthcom- ing of illegal practices on the part of the petitioners, which will prevent them claiming the seat, will often deter them from going on. CENTRAL COMMITTEE CLERKS AND MESSENGERS. The same class of men will be required in the central committee room for these offices as in the ward or district committee rooms. Review of Immediately the agent has received the foregoing books and forms, and has engaged the necessary clerks, &c,, he ought to have a general review of his staff, to explain to them their duties. Meetings should therefore be called, first of those persons whose duties will lie in and about the polling stations— viz., the inspectors and polling agents, and (if necessary) the voters polled counting clerks and messengers; and, secondly, of those persons whose duties lie in the com- mittee rooms — viz., wall sheet clerks, inspectors of refresh- ments, and (if necessary) polls return and slip clerks. The instructions to each should be carefully gone through and practical illustrations be given of the work each will be called upon to do. At the meeting of the first-named persons a box to repre- sent the ballot box should be provided and a presiding officer and clerk stationed behind it. Each inspector or polling agent should have his instructions and register before him 129 whilst a person to represent the voter comes in, applies fora ballot paper, is objected to, answers the questions, receives a marked ballot paper, and votes. The manner in which a blind or illiterate voter gives his vote should also be gone through, and the persons present should be encouraged to ask questions as freely as possible. At the meetino- of the second-named persons, an enlarged wall sheet should be fixed on the wall, and the mode of reading off the cards, striking off those who have polled, recording numbers, &c., shoidd be acted as if the election was actually proceedino-. In like manner every one should be encouraged to ask ques- tions, until every person is thoroughly acquainted with the duty he will be called upon to perform. The chairmen of committees should attend both meetings, as it is very desirable they should have a general idea of the whole working of the election. The rest of the staff should also be well drilled in their respective duties. Two days before the election the voters' instructions and cards (in envelopes and addressed) ought to be given to the canvassers, who should, if possible, call upon each voter per- sonally with his card and instructions. THE NOMINATION. It is not proposed in this place to set out the duties of a Duty of returninj returnmg oflficer, on the receipt of a writ for an election, officer, beyond stating that it is incumbent upon him to give public notice by advertisements, placards, &c., of the day, time, and place, on and at which he will proceed to an election, and of the day on which the poll will be taken in case the elec- tion is contested, and of the time and place at which /orms of nomination papers may be obtained.^ 1 Ballot Act, schedule 1, part 1, rule 1. K subscribed. 130 Duty of agent. ji^g sqqjj ^g ^\^{q notice bas been given, tbe agent sbould apply for one or more forms of nomination papers, accord- ing as he bas one or more candidates, inasmuch as each candidate must be separately nominated. TIk; returning officer is bound to supply a form of nomina- tion paper to any rerjistered elector during the appointed hours.^ Nomination ^he nomination paper must be subscribed by two jiaper — now ^ •>■ •' registered electors of the county or borough, as pro poser and seconder, and by eight other rerjistered electors of the same county or borough as assenting to the nomination.^ The agent should arrange beforehand Avho are to be the persons to sign the nomination papers, so that no time may be lost in getting the nomination j)roperly made. In deciding who are to sign, great care should be used in getting electors who represent various classes or shades of political opinion, and, as far as possible, the most influential and popular of these. As stated before, 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.^ If two candidates coalesce, the leading members of each candidate's committee should sign both nominations. It may be mentioned here that it is not imperative that a nomination paper supplied by the returning officer should be used. If the paper be in the form prescribed by the Act of Parliament it will be sufficient.^ The following is the form prescribed: — 1 Ballot Act, schedule 1. 2 Ibid., schedule 1, p:irt 1, rule 7. ;! Ballot Act, schedule 1, part 1, rule G. 4 Ibid., rule 7. 131 Form No. 53. .Election, 18 in the of of We, the undersigned, A,B., of and CD., of iu the of , boin^ registered electors of the said borough (or county), do hereby nominate the following person as a proper person to serve as member for the said in Parliament. Surname. Other Names. Abode. Riiak, Profession, or Occupation. j Signed A. B. C. D. In fillinsf up this paper, care must be taken to put the N'onu-nati.m c> >■ ^ ^ ' ■>■ paper — liiiw -candidate's sitrname first (see form); then his Christian '"'''^^"i*- name or names must be stated ; then his place of abode (not his place of business) ; and lastly his rank, profession, or calling.^ After the proposer's and seconder's signatures must come the assent of eight other registered electors to the nomina- tion. The assent may be in the following form, and must be written on the same paper containing the nomination : — " We, the midersigned, being registered electors of the (borough or county) of , do hereby assent to the nomination of the above-mentioned E. F., as a proper person to serve as member for the said in Parliament. Signed G. H., of &c., and by seven others at the least. 1 Ballot Act, schedule 1, p irt 1, rule 0. 132 "Who to si-ii. Of course, more than eight may sign as assenting to the nomination, and where it is desirable to conciliate various interests, an influential man representing each interest should be got to sign, though the number should exceed eight. How delivered. -pj^g nomination paper when duly iilled up must be delivered to the returning officer at the place and during the time appointed for the election. ^ It must be delivered either by the candidate himself or his proposer or his seconder.^ No other person can legally deliver it. Who entitled to ]s^q persou except a candidate and his proposer and be present. tr i. r r seconder, and one other person selected by each candidate, is entitled to be present with the returning officer during the time appointed for the election, unless such person is there for the purpose of assisting the returning officer.^ How candidate Each Candidate must be described in the nomination to be described . 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 nomina- tion paper on the ground of the description of the candi- date therein being insufficient or not being in compliance ujith 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.^ oiMecti-^ii to If it is intended to object to the sufficiency of the iioiniiiatioii '' ijemade"'"^^" '° description of the candidate, or that his names, abode, pro- fession, or calling are erroneous, or that his surname is not put first in the list of his names, the objection must be 1 Ballot Act, schedule 1, part 1, rule 8. 2 Ibid., sec. 1. 3 Ibid., rule 8. 4 Ballot Act, rule 6 133 made before the returning officer publishes thenoininatioii under the rule hereafter mentioned. But before any sucli v)bjection is made the agent should well consider wliether an objection is likely to benefit his candidate or not. Tf the only effect of an objection would be to more distinctly mark out his opponent, he should not object; but if a correct description of him would tend to confuse the supporters of his opponent, then it would be the agents duty to object. If there were more serious objections to the opposition candidate, as that he was ineligible for Parliament; had been proposed or seconded by a person not rer/istered as an elector, or that his nomination was not duly assented to by eight othev registered electors, &c., then it would be most univise to object to him until after the expiration of the two hours limited for tendering nominations, as in the latter event, if the objection was a valid one, the duly qualified candidate could claim the seat. If no objection is made to a nomination paper imme- ^e'pubHshed "^ •diately after it has been handed in, it is the duty of the returning o&cer forthivith to publish a notice of the name •of the person nominated as a candidate, and of the names •of his proposer and seconder by placarding the same in a conspicuous position outside the building in which the room is situate appointed for the election.^ The agent should see that this is duly done, both as regards his own candidate and his opponent. If not properly carried out in respect (tf the latter, he will note the omission as an objection to be made, if necessary, hereafter. By rule 12 of the Ballot Act, a person ^l^-^ll "'»' l'^^^,^'\\^^;;;'"d^^^^ entitled to have his name inserted in any ballot pa per |;."|Ji;.'."'''°" as a candidate unless he has been nominated in manner provided by that Act, and every person whose nomination 1 Ballot Act, scliedule 1, part 1, rule U. i:u paper has been delivered to the returning officer during the time appointed for the election shall be deemed to have been dull/ nomincded unless objection be made to his nomination paper bj the retm^ning officer or some other person before the expiration of the time appointed for the election or ivithin one hour afterwards. Objection j^ ^jl[ t\\\\9. be sccu that an obiection to the description to uescnptum ol J I v^hen'to^b7 <'f '^ Candidate must be made immediately the nomi- nation paper is handed in, but any other objection may be made at any time during the election or within an hour afterwards, and if a valid objectiou is made to .a candidate within the last hour his name cannot be inserted in the l)allot2)aper, and if no more candidates stand duly nomi- nated than there are vacancies, the latter can recjuire the returning officer to declare them duly elected. Eeturning The returning officer is to decide on the validity of everv officer to decide _ . . ' . validity of objection made to a nomination naper ; and his decision if objection. ^ i I ' disalloiving the objection shall be final, but Hallowing it,, shall be subject to reversal on petition questioning the election or return. ^ It will be observed upon reference to the 6th and 12th rules of {Schedule 1, part 1 of the Ballot Act, that the re- turning officer or " some other person " must make objec- tion within the times respectively stated therein. Whethe]" the "some other person " must be some other person duly authorized to object, as a registered elector, or a person entitled to attend the election under rule 8, or may be a mere non-elector, does not seem clear. As an objection to tlie description of the candidate must be made " at or immediately after the time of the delivery of the nomination paper " nominating him, it would seem that an objection must of necessity be made by some per- son attending tlie proceedings, but as an objection to the Who to make objeutioiis. 1 Ballot Act, scliedule 1, part 1, rule 1". 135 status, &c., of a candidate under rule 12 may be made at any time before the expiration of the time appointed for tlie election, or within one hour afterwards, it is conceived tliat such objection may clearly he made by a reo^istered elector, and perhaps by a non-reoristered elector, the latter beinj^ still deemed to take part in the nomination. However, it will be much the safest plan to let both kinds of objections lie made by registered electors, and if this is done it is immaterial who they are or of what standing. By analogy to the old mode of election, if, at the expira- Candidate? - „ . . elected without tion ot one hour after the time appomted for the election -'■ po'i- (the hour being for objections to be made and the returning officer to decide upon them), no more candidates stand nominated, i.e., duly nominated, than there are vacancies to be filled up, the returning officer is forthwith to declare the candidates nominated to be elected, and return their names to the Clerk of the Crown in Chancery. If, on the contrary, at the expiration of the hour more candidates stand nominated than there are vacancies to be filled up, the returnino; officer must ad iourn the election Adjourning to ^ ' ^ '' take a poll. and take a poll.^ A candidate may, during the time appointed for the election, i.e., between the hours fixed by the returning officer for receiving nominations, but not afteriuards, withdraw his candidature by giving a notice to that effect signed hy him to the returnino- officer. If a candidate has been nomi- nated in his absence out of the United Kingdom, his proposer may withdraw him by a like written notice signed by the proposer, together Avith a written declnration of such candidate's absence.^ If, after an adjournment of an election for the purpose of Candidate taking a poll, one of the candidates nominated shall die 1 Ballot Act, sec. 1, par. 2 2 Ballot Act, sec. 1, par. 3. mo before the poll has commenced, the returning officer shall, upon being satisfied of the fact of such death, countermand the poll, and all proceedings with reference to the election shall be commenced afrc^sh in all respects as if the writ had been received by the returning officer on the day on which proof was giv-en to him of such death — provided that no fresh nomination shall be necessary in the case of a can- didate who stood nominatt'd at the time of ths counter- mand of the poll.^ If a candidate should be dead at the time he is nominated, or should die during the time appointed for the election, or within the subsequent hour (wliich might happen un- known to his proposer, &c.), it does not seem very clear what the position of matters would be. It is apprehended the other candidates (if no more than vacancies) would Ix^ elected, or (if more than vacancies) would go to the poll. If the death of the candidate is not known to the return- ing officer until after the commencement of the poll, it seems clear that the latter must go on with the election as if the candidate was alive, and if the dead candidate should be elected, must return him accordingly, as the election will relate back to the day of nomination, and the candidate Avill be returned as if elected on that day. A new writ must then be IssikmI before a new ek-ction can be had. THE ELECTION. Very little need be said as to what is necessary to be done on the day of election, as the instructions to the various officers and committees will shew all that is requisite. Duty of out- f}^g out-door Superintendent and the election agent oii. place, previously notified to him by the returning officer, for the counting of the votes. He should personally sec that all the requirements of the Ballot Act relating to the sealing np of the ballot box,' and the sealing up into sppai'ato packets of the — 1. Unused and spoilt ballot papers. 2. The tendered ballot papers. 3. The marked copies of the register of voters, and the counterfoils of the ballot papers ; and 4. The tendered votes list, list of votes marked by the presiding officer, and statement of such votes under the heads of " physical incapacity," " Jews," and " unable ta read," and the declarations of illiterate voters,, have been complied with.- He should also see that the statements made by the pre- siding officers, accounting for the ballot papers given to each, tally with the numbers in the ballot boxes, and in the separate packets. The returning officer has no power, how- ever, to open the sealed packets of " tenden^d " ballot papers, but must get the number of tendered votes, from the ten- dered votes list.^ Counting voUs Bcforc proceeding witli the counting of the votes, the returning officer must, in the presence of the agents of the candidates, open each ballot box, and taking out the papers, count and record the number, and tlien mix the contents of all the boxes together.' This is to be done to prevent the numbers polled for any particular candidate in any par- ticular ward being known. With a view to prevent the vote of any particular voter becoming known, the return- ing officer is strictly enjoined to " keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers." " 1 Ballot Act, sec. 2. par. ". 2 Ballot Act, schedule 1, part 1, rule 2!'. ri Ibid., rule .37. 4 Ibid., rule 34. 5 Ibid., rule ni. 139 The returning- officer may, in addition to any (.•lerks,^''"*''"^*"'^'- '^ - ' J > present. appoint competent persons to assist him in counting the votes,' but with the exception of his staff and the agents of the candidates, no other person may be present when the yotes are counted unless Avith the express permission of tlie returning officer,- which ought not to be giyeu except under very exceptional circumstances. A candidate may be present and may imdertake any duties or assist his agent in the performance of any duties the latter might haye imclertaken.^ No person who has been employed by any other person Pn sons not t... be ein[iloyL'cl. in or about the election must be ajjpcinted by the return- ing officer to assist him in counting or as a clerk or in any manner for the purposes of the election.'* Every officer, clerk, and agent in attendance at the Secrecy. counting of the votes must (on pain of imprisonment in default) maintain and aid in maintaining the secrecy of the voting, and must not attempt to ascertain the number on the back of any ballot paper, or communicate any infor- mation obtained as to the candidate for whom any vote is given in any particular ballot paper. ■'"' A convenient mode of counting the votes where tliere mo.u- of count- are only two candidates is, after the whole of the ballot papers have been mixed together, for each person ap- pointed by the returning officer to assist in the counting, to take a number of the ballot papers and to divide them into two lots, putting all the votes given for each candi- date into one lot. This ought to ])e done imder the supervision of an agent of each candidate. If any dispute arises as to the validity of any ballots, the latter may be 1 Ballot Act, SLhedule 1, part 1, rule 18. a Ibid., rule o3. ." Ibid., rule 51. 4 Ibid., rule 49. .■■> Ballot Act. see. 1. 140 placed apart from the rest to be decided upon by the re- turning^ officer. The number of ballot papers for each candidate will then be carefully counted by the returning; officers assistants and entered upon a piece of paper (the agent also taking a note of the number), and then tlie disputed ballot papers will be counted and entered in lik(^ manner. The numbers of the imdisputed ballot papers <30unted aiid admitted Ity each assistant will then be given to the returning officer, together with the disputed ballot papers, but before adding up the former, he ought to decide upon the validity of each of the latter, dividing the latter, as he decides cac-h vote, between the candidates until all are gone through ; the additional ballot papers given to each candidate are then counted and added to the number previously given in his favour, and the total of these will give the number polled for each candidate res- pectively. ■Where more jf there are more candidates than two, the process ot *^^'°- counting will be more elaborate. The ballot papers will then have to be divided into — 1st. Plumpers for eadi candidate. 2nd. Strictly party votes. 3rd. Cross votes. The great bulk of the papers will, however, be party votes, and after these have been counted and recorded, the cross votes can be gone through seriatim, and recorded separately, and then the plumpers added. The great principle in coimting is to first count and dis- pose of the iiAulisputed ballot piipers, so that those which are objected to may be brought together and adjudicated upon by the returning officer, whose power in this respect cannot be delegated, and whose decisions are final, and cannot be reversed except up<»n })('1i(i(>n.^ "Duty of let.iirn- Jt sliould be mentioned that when a number of ballot inj^ oflicer s as- iistaiit. papers are given to a returning officer's assistant to count, 1 Hall.it Ait, JC'C. 1'. 141 he ought, in the presence of an agent for each candidate, first to count and record the gross number given to him, and after he has divided them as before-mentioned, he ought to make out an account showing the numbers polled for each candidate, the number of split votes and the number of votes objected to. The total of the account should, of course, tally with the gross number of papers ofiven to him. The returning officer must, as far as practicable, proceed votes not to b,- counted betweci . continuoiisly with the countino; of the votes, allowino- onlv ~' I'-'i'-^ndP "^ ^ o J a.m. except by time for refreshment. It would seem that he is bound to "g''<^'='«<-'nt- cease counting from 7 p.m. to 9 a.m. vmless he and the agents agree otherwise. During this cessation of counting- he must place the ballot papers and other documents relat- ing 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 take proper precautions for the security of such papers and documents.^ The aofent should, in the event of an adiournment of the Adjournment of ~ ' '' counting. counting, invariably place his seal on the packets or on the safe in which they are placed, and he should request the agent on the other side to do the same. It may be added that the counting should take place in a room newly swept and perfectly clear of papers, so that if any ballot paper is thrown upon the floor, or gets down accidentally, it may be seen immediately. As before stated, the returning officer is the only person who can decide as to " any question arising in respect of any ballot paper." The agents on both sides will, therefore, go through the ballot papers objected to with the return- ing officer, who will hear their arguments for or against each vote and decide between them. 1 Ballot Act, schedule 1, part I, rule u5. 142 inaiiot paper- It sliould be particularly reiiiciubered tliat every ballot what are objoc- i ^ j .tionsto. paper is cold and is not to be counted — 1. Which has not on its hack the official mark. 2. On which votes are given to more candidates than the voter is entitled to vote for. 3. On which anytidng (except the nuin])er on the back) is Avritten or marked by which the voter can be identified. Each ballot paper of a voter on the other side should therefore be carefully scrutinized by the agents to see if nny objection can be made to it on any of these grounds, or if it is so uncertainly marked that it is doubtful which candidate the voter intended to vote for. In all question- able cases the agents will, of course, object, so that the objection may be brought under the notice of the return- ing officer. If the returning officer rejects any ballot paper as invalid, he must write across it "rejected," and if his decision is objected to by an agent, add " rejection objected to." 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 licads 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 agents of the candidates, before such report is sent, to copy it.^ If the agent thinks any decision of the returning officer erroneous, he sliould not only object to the decision and see his objection endorsed on the; ballot paper, but he should take a note of the objection in fjeneral terms, simply -avoiding taking down anything which might lead to the identification of the particular voter — thus "objection 1 Biillot Aot, scheclule 1, part 1, rule .'!(3. 143 No. 1 taken by self [or Mr. ] vote un- certain, vote rejected," &c., &c. This course is not only legal but proper to be taken, as it would otherwise be all but impossible to know how or upon what grounds to fraint; a petition where votes had been improperly counted or rejected.-^ At the conclusion of the counting a statement should he prepared shewing the number of ballot papers and how they have been disposed of, so that any missing ballot papers would be at once detected. Where there is an equality of votes between any candi- ^a"-i''tv of dates, and the additiou of a vote would entitle any of them to be declared elected^ the returning officer, if a registered elector of the county or borough, raay give such additional vote.^ If he is not a registered elector, or if he does not chose to vote, he must make a double return. Except in the above case, a returning officer is not to A'ote at any election for which he is returning officer."^ Upon the comjDletiou of the counting, the returning coiniiietion of coimtiiif;. officer must seal up in separate packets the coimted and rejected ballot papers, and must in the presence of thecan- y receipt . Election aK^il's reiimueration. 1 lljid, sub-sees. 7, 8, 9, and lu. 2 Ibid, sec. 31. ;; C. p. Act, 188."., sec. 2i». 1 Ibid, sec. 32. 149 The retiirnini:>- officer's charfjes must be sent in to the i{'>V"'"'"k ""'- *=" cer 3 cliiirgos. -election agent within 21 days after tlie return is made of the persons elected.^ It does not clearly appear within what time they ought to be paid, but it will be the safest plan to pay them within the 28 days. The charires are ^'■®I'"1''^'\""'' strictly limited, and are set forth in the Schedule to 38 and 39 Vic, cap. 84. If excessive, they can be taxed in the < 'ounty Court having j urisdiction at the place of nominat ion.^' Within 3o days after the declaration of the election, i.e., i'^'" ;"•"/" '>«;. •^ 5 '5 inadc of election within a week after the bills can be legally paid, the elec- *^'''^"^"^*'*' tion agent must transmit to the returning officer a true .return, containing a statement of — a. All i^ayments miade by him, with all the bills and receipts ; b. The amount of personal expenses (if any) paid by the candidate ; e. The sums j^aid to the returning officer for his charges, or, if the amount is in dispute, of the sum claimed and the amount disputed ; reaeli of Ad. ...... the expiration of the time limited, tbe candidate cannot sit or \ote in the House of Commons, and it will be neces- sary for him to make an application to the High Court for an authorized excuse, otherwise he will be guilt}' of an illegal practice. It will be of the utmost importance, therefore, that the requirements of this section of the Act should be most carefully fulfilled, for though the Higli Court will, no doubt, exercise its discretion liberally at first, yet it 1 C. p. Aet.iss;), sec..":;. 151 will, in course of time, lay down such rules and principles for its guidance that it will by no means grant an excuse as a matter of course. Where, after the date of the return, leave is pfiven bv ^aymenf of ° '' Claims after the High Court for any claims to be paid, the candidate, '■<^'^"™ «'"' '"• or his election agent, must, within seven days after the payment, 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 such leave.^ If the return and declaration have not been transmitted, Authorize.i ' excuse. as required by the Act, or being transmitted contain some error or false statement, the candidate, or election agent, may apply to the High Court, or an election court, which, upon being satisfied by evidence, after notice of the application in the county or borough in which the election has taken place, of the good faith of such application, make such order for allowing an authorized excuse as to the Court seems just.- And if such failure to comply with the Act has arisen through the default of the election agent, or any sub-agent, the Court may order him to attend before it, and on his attendance, order him to do what is necessary, under a penalty of £500. An order allowing an authorized excuse will relieve the applicant from any liability or consequence under the Act in respect of the matter excused.'" If, after the whole expenses of the election have been Power of Higi- ' i Court and elec- ascertained, it should be found that the maximum amount exrepUnnocent of expenses allowed by law has been accidentally exceeded, an niegai'^rac- or that any other illegal practice, payment, employment, or hiring has been inadvertently committed, or made, by either the candidate, the election agent, sub-agent, or 1 C. p. Aft, 1SS3, sec. 3.S, sub-sec. 9. 2 C. P. Act,18S.3, sec. .31. 3 C. P. Act, 1883, sec. 23. 152 other person, au application should at once be made to the High Court, or to au election court, for an order allowing such act, or omission, to be an exception from the pro- visions of the Act, so as not to subject the person doing, or omitting to do, the act to the penal consequences of the Appii'Htinn statutc.^ The application must be supported by such iniist lie siij- ).oi-tea bycvi- evideuce as the Court deem sufficient, and notice of the • lencc, i(;. application must be given in the comity or borough for which the election was held. As such applications will be of the nature of legal proceed- ings, and will vary according to the circumstances of each particular case, it is advisable they should be made by and under the direction of an experienced solicitor, who will do what is necessary. CANDIDATES' ADDRESSES. Cumiidates' The Candidates, whether elected or not, should publish ;i jiililresses. short address of thanks to those voters who gave them their votes on the day of election. It is also usual to refer to the services of the committeemen, canvassers, Szc, acknowledging their value. It is a graceful act, and not without good results in a future election, for a candidate to send to each of his active supporters a neat card, thanking the latter bf/ name for liis exertions in the cause. This, of course, is a matter of individual taste, but it very appropriately closes the work of a Parliamentary Electiiju. I C. p. Act, 188:5, see. 23. APPENDIX OF THE PRINCIPAL STATUTES RELATING TO PARLIAMENTARY ELECTIONS. G Tier., CiiAi'. 18. All Act to amend the Law for the Ri'gistratlon of Persons entitled to vote, and to define certain Rujltta of voting, and to regidate certain Proceedings in the Election of Members to serve in Pari i a ment for England andWcdes. [3i..'^ May, 1843.] LXXXV. And for the more efiectual detection of tlie persona- Aijents may iie tion of voters at elections, be it enacted, that it shall be lawful for candidates 't<> ami candidate, at any election of a member, or members to serve in detect i^ersoiiii- , ^ '' , . tioii at tilt; tiiiK Parliament for any comitj', city, or borough, previous to the time of iiollii)','. tixed for taking the poll at such election, to nominate and appoint ;in agent or agents on his behalf to attend at each or any of the booths appointed for taking the poll at such election, for the pm-- pose 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 tlie person or persons so appointed by liim to act as agents for siicli purpose, and thereupon it shall be lawful for every such agent to attend during the time of polling at the booth or booths for Avhicli he shall have been so appointed. 30 & .31 VuT., Chap. 102. An Act fu.rtlier to amend tlie Lairs relating to the Repre- sentcdion of the People in England and Wales. [loth August, 1867.] 11. No elector who witliin six months before or during any elec- Xo elector who tion for any county or borough shall have been retained, hired, or ,,ioye,i for Ke- •employed for all or any of the imrpos-s of the election for reward ^^■■'^'■^' "'f'''" ''"^ 154 months of an hy or on belialf of any candidate at sncli election as agent, can- election to be • . 1 entitled to vole, vasser, clerk, messenger, or m other hki! employment, shall be entitled to vote at such election, and if he shall so vote he shall ho guilty of a misdemeanor. & .32 YicT., ri.AP. 12."). Short title of Act. Definition and .Turisdiction of Court. Interpretation of terms. '■ Metropolitan District." "Election.' " County." " Boroui/li. " Corrupt I'ractici;?.' An Ad foj' ainemllny (he Laws relatiruj to Election Petitions, and 'providing more effectually for the pre- vention of corrupt practices at ParliamentaryElections. [31.S'/ July, 1868.] Prcliiniiiarij. 1. This Act may he cited for all pnrp(jses as '•'The Parliamentary Elections Act, 18GS.'" 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, 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 proceedings thereon as it would have if such petition were an ordinary cause within their jurisdiction. o. The following terms shall in this Act have the meanings herein-after assigned to them, uidess 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 jurisdic- tion of the INIetropolitan Board of Works : '•' Election " shall mean an election of a meml)er or members to serve in Parliament : " County " shall not include a county of a city or county of a town, but shall mean any comity, riding, parts or di^nsion 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 l)y the common law of Parliament : loo " Rules of Court " shall mean rules to be ni:ule us liereiu-iif tor " ''"'fs of ,. 1 Court." meutionecl : " Prescribed " shall meuu " Prescribed by the Hulcs of Coiu-t." " Vrpsciibed."' Ptmishment of Corrupt I'racticct. 44. If on the trial of any election petition luider this Act any Penalty for cni- candidate is proved to have personally engaged at the election to ag°Mit!" *'°'^'"^ wliich such petition relates as a canvasser or agent for the manage- ment of the election, any person knowing that stich person has mtliin seven j'ears previous to such engtigement been found guilty of any corrupt practice hy any competent legal tribunal, or been reported guiltj^ of any corrupt practice by a committee of the House of Commons, or by the report of the Judge upon an election petition under this Act, or by the report of commissioners appointed in pur- suance of the Act of the session of the fifteenth and sixteenth years of the reign of her present Majesty, cha])ter fift^'-seven, the election of such candidate shall be void. 35 & -M) YicT., Chap. ;J3. An Act to amend tJie Law rdatlurj to Procedure at Parlia- raentaru mul Municijjcol Elections. [18f//, Jidij^ 1872.] Pakt I.— PARLIAMENTARY ELECTIONS. Procedure at Election'^. 1. A candidate for election to serve in Parliament for a county Nomination of or borough shall be nominated in writing. The writing shall be p^^"|i'^,*,.^j*j.^'^.'^. subscribed by two registered electors of such count}' or borough as d^'tions. proposer and seconder, and by eight other registered electors of the same county or borough as assenting to the nomination, and shall be delivered during the time appointed for the election to the returnmg officer by the candidate himself, or his proposer or seconder. If at the expiration of one hour after the time appointed for tho election no more candidates stand nominated than there are vacancies to be filled up, the retaining 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 btand nominated than there are vacancies to be filled up, the returning officer sh.dl adjourn the election and shall take a poll in manner in this Act mentioned. 156 A candidiito raaj-. ,; X 1 boMPs, &c., for occupy the whole or any part of the same area, any ballot boxes or eiecM^Miraii"^ tittiugs for polling stations and compartments provided for such vice versa. 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 jaaid as part of the expenses of the election at which they are so used. Coiiatnictioii of 15. This part of this Act shall, so far as is consistent with the Act. . 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 persons entitled to vote at the election of mem- bers to serve in Parliament, and with any enactments otherwise relating to the subject matter of this part of this Act, and terms vised in this part of tliis Act shall have the same meaning as in the said enactments ; and in construing the said enactments relating to an election or to the poll 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 substitvxted for the mode of election or jwll, 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 liis 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 theieto ; 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 enact- ments shall be deemed to include a public notice given in pursu- ance of this Act. 163 Applieatio/i ofl'ari of Act to Scotland. IG. This part of this Act shall apply to Scotland, sul>ject to tliu AlteraLioua fnr vfollowing provisions :— ' Va?t l"io Scot- (1.) The expression "crime and offence" shall be equivalent to the expression "misdemeanor," and shall bo substi- tuted therefor : (2.) All ofiences inider this Act for which any person may be punished on summary conviction shall be prosecuted before the sheriff' under the provisions of " The Summary Procedure Act, 1864;" and all jurisdictions, powers, and authorities necessary for that purpose are hereby conferred on sheriff's : (•3.) The expression " sheriff" shall include sheriff substitute : (4.) The provisions of this Act relating to the division of counties and boroughs into polling distiicts shall not apply to Scotland : ■ (5.) The ballot boxes, ballot papers, 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 the fortieth section of the Act of the second and third years of the reign of King William the Fourth, chapter sixty-five, intituled "An Act to amend the Representation of the People in Scotland ; " and the reasonable remuneration of presiding officers, assistants, and clerks employed by the returning officer at such an election, and all other expenses properly incurred by the returning officer, and by sheriff' clerks and town clerks, in caiTying into efl'ect the pro- visions of this Act, shall be paid by the candidates ; provided always that, if any person shall be proposed as a candidate without his consent, the person so proposing Mm shall be liable to defray liis share of all those expenses in like manner as if he had been a candidate liimself ; pro\'ided 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 exc-eed two guineas per day, and the fee to be paid to each clerk shall not exceed one guinea per day. 164 Applirtttion of Part nf Act to Ireland. Alterations for 17, This part of this Act shall ap])ly to Ireland, subiect to the application of . „ . ,.« ,- Part I. to following modincations : — Irelaud. (1.) The expression "Clerk of the Crown in Chancery" shall mean the Clerk of the Crown and Hanaper in Ireland : (2.) The preceding provisions of this jjart of this Act with respect to the division of connties and boroughs into polling districts shall not extend to Ireland : (3.) In the construction of the preceding provisions of this part of this Act as a^Dplying to Ireland, section thirteen of "The Representation of the People (Ireland) Act, 1868," shall be substituted for section -fifty of "The Representation of the People Act, 1867," wherever in such pro-idsions the said last-mentioned section occurs. The pro\'ision contained in the sixth section of this Act providing for the use of school I'ooms free of charge, for the purpose of taking the poll at elections, shall not apply to any school adjoining or adjacent to any church or other place of worship, nor to any school connected with a nunnery or other religious establishment : (4.) No returning officer shall be entitled to claim, or be paid, any sum or sum.s 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, any statute or statutes to the contrary now in force notwithstanding, nor shall the expenses of providing sufficient polling stations or booths and compartments at every polling place exceed the sum or sums now given and allowed by statute in Ireland. Provisions as to 18, With respect to polling distiicts and polling places in Ire- and polling land, the following regulations shall have effect ; that is to saj'-, places in Ireland. (1.) The Lord Lieutenant, by and with the advice of the Privy Council in Ireland, shall appoint special sessions to be held by the chairmen of quarter sessions and justices of the peace having jurisdiction in eacli coiintj'- or riding of a county in Ireland, at such places and times before the first day of November next after the passing of this Act as shall seom fit for the purpose of dividing such count}'- or riding into polling districts and appointing polling places for such districts: 1 165 (2.) The clerk of the said Privy Council shall cause each such appointment to be notified to the clerk of the peace of the county to which the same relates, and shall cause notice of the same to be published twice in each of two consecutive weeks in one or more newspapers usually circulated in such county, and once in the Dublin Gazette : (3,) The clerk of the peace of each county in Ireland shall, within five days after the receipt of such notification as aforesaid, send a written or printed notice of the same to the chairman and to every justice of the peace hav- ing jurisdiction within the county orridnig to which the same relates : {■i.) The chairman of quarter sessions and the justices of the peace having jurisdiction in any county or riding assem- bled at such special sessions appointed in manner afore- said, or at any adjournment of the same before the first day of December next after the passing of this Act, shall make an oi'der dividing such county or riding of a county into polling districts, and appointing in each such polling district a place (in this section referred to as a " polling place '") for taking the poll at contested elections of members to serve in Parliament for such county : (o.) Every such division shall be made in such manner so that, as far as practicable, every building or place in such county in which petty sessions are at the time of the passing of this Act held shall be a polling place : Pro- vided alwa3's, that where it appears to the chairman and justices assembled at special sessions that, for the purpose of affording full facilities for taking the poll at contested elections, there should be polling places in addition to such buildings or places whero petty sessions are held as aforesaid, they shall appoint so many poll- ing places in addition to such buildings or places as they may think necessary, and constitute a polling district for each such polling place : ■(6.) Every such order shall specify the barony or baronies, half barony or half baronies, townland or townlands, parish or parishes, and places constituting each such polling district : (7.) A copy of each such order shall forthwith be sent by the clerk of the peace for such county to the cltrk of the 16C) said Privy Council, who thereupon shall submit the same for confirmation by the Lord Lieutenant and Privy Council in Ireland, in the manner by this Act pro- vided, and such order shall not be of any validity until the same has been so confirmed : (8.) Notice of the intended confirmation of any such order shall be given by the clerk of the said Privy Council at least one month before the day fixed for such confirmation bj- the publication of such notice and order in one or more newspapers circulating within such county or riding to which the order has reference : (9.) It shall be lawful for the Lord Lieutenant and Privy Council, on the day fixed for the intended confirmation of any such order, to confirm the same as it stands, or with such variation, alteration, or modification as may seem fit : Provided always, that where any person is dissatisfied with any such order it shall be lawful for such person, within fourteen days after the publication of the notice of the intended confirmation of such order, to appeal against the same, and such appeal shall be in writing, stating the grounds thereof, and shall be signed by such person, and shall within such time be lodged with the clerk of the Pri\'y Council ; and it shall be lawful for the Lord Lieutenant and Pri-vy Council, previous to the confirmation of any such order, tb hear and determine such ajipeal against the same, and to make such order as to the costs of such appeal as may seem meet : (10.) When any such order has been confirmed as aforesaid, the clerk of the said Pri\y Council shall transmit a copy of the same to the clerk of the peace of the county to whicli the same relates, and shall cause the same to be published once in the Dublin Gazette, and once in the newspaper in which the notice of intended confirmation was ])ublishod : (11.) The provisions of the Act of the session of the twenty- seventh and twenty-eighth j'ears of the reign of Her present Majesty, c\apter twenty-two, for ascertaining the voters in the new or altered polling districts referred to in the ninth section of the said Act, and for making separate lists of voters, and otherwise in relation thereto, shall extend and apply tf) every case in which any order in relation to any county has been confirmed under the 167 authority of this section, in like manner as if such sec- tions were herein re-enacted, and the polling' districts to which the same refer or apply had been polling districts constituted under the authority of this section ; and the register of voters in force in such county at the time of confirming such order as amended by the printed books given into the custody of the sheriff of such county in manner by the said Act provided, and the said printed books shall be the register of persons entitled to vote at any election of a member or members to serve in Parlia- ment which shall take place in and for such county until the first day of January next after the giving of the said books as aforesaid : Provided always, that in the con- struction of the said provisions, the terms " the passing of this Act " and the " said Act " shall respectively be con- strued to mean the confirming of any order made under the authority of this section and this Act : (12.) At any election of a member or members to serve in Par- liament, for any county to which any such order relates, held after the confirming of any such order, and before the register of voters to be formed subsequently to the date of the confirming of such order under the provisions of this section shall be in force, the poll shall be taken as if no such order had been made : (13.) All precepts, notices, and forms relating to the registra- tion of voters shall be framed and expressed in such manner and form as may be necessary for the can-ying the provisions of ttis Act into eftect : (14.) When the chairman of quarter sessions and justices of the peace having jurisdiction in any county or riding in Ireland, assembled at any general or quarter sessions in any division of such county or riding, are of opinion that for the purpose of affording further faciUties for jiolling at contested elections there should be within such district polling places in addition to the places appointed in manner aforesaid, they may by resolution determine that at the next general or quarter sessions in such division of such county the necessity for such additional polling places shall be considered by the chairman and justices assembled at the same : (15.) The clerk of the peace of such county shall, within five days after the making of such resolution, send a written or printed copy of the same to the chairman and to 168 every justice of the peace having jurisdiction within the county to wWch the same relates, and shall cause a copy of such resolution to be published twice in each of two consecutive weeks in some newsi)aper circulated in such county : (IGj The said chairman and justices assembled at such general or quarter sessions holden next after the making of such resolution shall consider whether additional polling places are necessary, and if thej^ are of such opinion they may, by an oixler to be made in like manner and subject to the same provisions as to the making, confirming, and taking effect of the same as are in this section con- tained in relation to orders to be made at special sessions under the authority of the same, appoint such other i^laces to be polling places as they shall think fit, and shall constitute polling districts for such polling places : (17.) No election shall be questioned by reason of any polling district not having been constituted in conformity with the provisions of this Act, or by reason of any inform- ality relative to any polling district : (18.) "SVlien any day fixed for taking the poll at any election is the day fixed for the holding of the petty sessions court at any polling place, the court shall stand ipso facto adjourned till the next day, which shall in that case be the legal day for holding said court, and if that day be a Sunday or legal holiday, till the next day : (19.) The term " the Lord Lieutenant " in this section shall mean the Lord Lieutenant of Ireland and the lords jus- tices or other chief governors or governor of Ireland for the time being, and the term " chairman of quarter sessions " in this section shall include any person duly appointed to do the duty of such chairman during his sickness or absence. Amendment rif 19. Wliere the name of any person is required to be inserted in in wards'in'cer-^ •''"y ^^^t of voters for any ward of any city, town, or borough under tain boroughs. ^]~^^ pi-ovisious of section sevei. of the Act passed in the session of Parliament held in the thirteenth and fourteenth years of the reign of Her present Majesty, chapter sixty-eiglit, as qualified in respect of any property qualification, or as the occupier of any lands, tene- ments, or hereditaments situate in whole or in part beyond the limits of such ward, tlien and in every such case tlie names so 169 required to be inserted shall be placed in aljihabetical order in a separate part of such Ust to be styled "the list of rural or out voters of such ward," and the property, lands, tenouients, and hereditaments in respect of which such person is quali- fied as aforesaid shall, for the purposes of the said Act and the Acts amending the same, in relation to the providing of booths and compartments within each ward of any city, town, or boron o-h and the voting therein of persons entitled to vote in respect of any such qualifications aforesaid, be deemed to constitute a separate ward : Provided always, that the name of any such person shall not be placed in such sej^arate list if such person shall, in writing under his hand, object thereto, and if such objection is delivered to such clerk of the peace on or before the twenty-fifth day of August next preceding the making of such list under the provisions afore- said, and in such case in relation to such person the provisions oi this section shall not apply. Pakt II. MUNICIPAL ELECTIONS. 20. The poll at every contested municipal election shall, so far Application to as circumstances admit, be conducted in the manner in which the "i'o',"'o7'eiiact^" poll is by this Act directed to be conducted at a contested parlia- "^'j'j'j'if poi'i at ^ ment.iry election, and, subject to the modifications expressed in the ravlianientai-y 1T1 11 T •• cji-A ipi tlections. schedules annexed hereto, such provisions of this Act and of the said schedules as relate to or are concerned with a poll at a parlia- mentary election shall apply to a poll at a contested municipal election : Provided as follows : (1 .) The term " returning officer " shall mean the mayor or other officer who, vuider the law relating to municipal elections, presides at such elections : (2.) The term " petition questioning the election or return " shall mean any proceeding in v/liich a numicipal election can be questioned : (3.) The mayor shall provide everything which in the case of a parliamentary election is required to be provided by the returning officer for the purpose of a poll : (4.) All expenses shall be defrayed in manner provided by law with respect to the expenses of a municipal election : 170 (5.) No return shall ho niiule to the Clerk of the Crown in Chancer}' : (6.) Nothing in this Act shall be deemed to authorize the appointment of any agents of a candidate in a municiiial election, but if in the case of a municipal election anj' agent of a candidate is appointed, and a notice in writ- ing of such appointment is given to the returning officer, the provisions of this Act with I'espect to agents of can- didates shall, so far as respects sucli agent, apply in the case of that election : (7.) The pro^•isions of this Act with respect to — (a.) The voting of a returning officer; and (I>.) The use of a room for taking a poll ; and (e.) The right to vote of persons whose names are on the register of voters ; shall not apply in the case of a municipal election. Aboliiion of A municipal election shall, except in so far as relates to the tak- ing of the poll in the event of its being contested, be conducted in the manner in which it would have been conducted if this Act had not passed. 21. Assessors shall not he elected in anj- ward of any muncipal borough, and a municipal election need not be held before the assessors or their deputies, but may be held before the mayor,. alderman, or other returning officer only. Apjdicatioii (if Part i>f Act to Scotland. AitpratioTis for 22. This part of this Act shall apply to Scotland, subject to the applicatinn of r ii • Part ir. to following provisions : — 8<;otl>iiifl. 1 1 • r- (1.) The term " mayor " shall mean the provost or other chief magistrate of a municipal borough, as defined by this Act: (2.) All municipal elections shall be conducted in the same manner in all respects in which elections of councillors in the royal burghs contained in Schedule C. to the Act of tlie session of tlie third and fourth years of the reign of King "William the Fourth, chapter seventy-six, intituled " An Act to alter and amend the laws for the " election of the Magistrates and Councillors of the Royal " Burghs in Scotland,"' are directed to be conducted by the Acts in force at the time of the 2)assing of this Act as 171 amended by this Act; and all sndi Acts shall ai)i)ly to such elections accordingly. Application of Part of Act to Ireland. 23. This part of this Act shall apply to Ireland, with the follow- Altemf ioii3 for ing modifications :— Va','t"il ' j?," "' (1.) The term ''mayor" shall include the chairman of com- "''""'• missioners, chairman of municipal commissioners, chair- man of town commissioners, and chairman of townshii) commissioners : (2.) The provisions of " The Municipal Corporation Act, 18o9," ^- ^"'c- «• "^ following ; that is to say, section five and section six, and section seven except so much thereof as relates to the form of nomination papers, and section eight except so much thereof as relates to assessors, shall extend and apply to every municipal borough in Ireland, and shall be substituted for any provisions in force in relation to the nomination at municipal elections : Provided always, that the term "councillor" in these sections shall, for the purposes of this section, include alderman, commis- sioner, municipal commissioner, town commissioner, townsliip commissioner, or assessor of any municipal borough. Part III. PERSONATION. 24. The following enactments shall be made with respect to X)ersonation at parliamentary and municipal elections : A person shall for all purposes of the laws relating to parliamen- Definition am? tary and municipal elections be deemed to be guilty of the oflence personat'iiin. " of personation who at an election for a county or borough, or at a municipal election, aj)plies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who, having voted once at anj' such election, applies at the same election for a ballot paper in his own name. It shall be the duty of the returning oflicer to institute a prosecu- tion against any person whom he may believe to have been guilty 172 Vote to be struck off for bribery, treat- ing, or undue influence. Alterations in Act as applying to Scotland. Constru(^tion of £jart of Act. of personation, or of aiding, abetting, counselling, or procuring the commission of tho oifence 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 com- pensation for their trouble and loss of time, shall be allowed by the com-t in the same manner in wliich courts are empowered to allow the same in c ises of felony. The provisions of the Registration Acts, specified in the Third Schedule to this Act, shall in England and Ireland respectively apply to personation under this Act iu 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. 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. 26. This part of this Act shall apply to Scotland, subject to the following provision : — The ofience of personation shall be deemed to be a crime and ofi'ence, and the rules of the law of Scotland with respect to apprehension, detention, precognition, commitmeiit, and bail shall apply thereto, and any person accused thereof may be brought to trial in the coui-t of justiciary, whether in Edinburgh or on circuit, at the instance of the Lord Advocate, or before the sherifi" court, at the instance of the pi'ocurator fiscal. 27. Tliis part of this Act, so far as regards parliamentary elections, shall be construed as one with "The Parliamentary "Elections Act, 18()8," and shall apply to an election for a univer- sity or combination of universities. 173 Part IV. MISCELLANEOUS. 28. The schedules to this Act, and the notes thereto, and direc- Effect of tions therem, shall be construed and have effect as part of this Act. ^'='"^<^"'<'3. 29. In tills Act— Definitions. The expression "municipal borough" means any place for the " Municipal time being subject to the Municipal Corporation Acts, or any ''°''°"«'' = " of them : The expression "Municipal Corporation Acts" means — •' Municipal Corpoiatioiij (a.) As regards England, the Act of the session of the fifth and Acts." sixth years of the Reign of King William the Fourth, chapter seventy-six, intituled " An Act to provide for "the regulation of municipal corjioratious in England " and Wales," and the Acts amending the same : (/>.) As regards Scotland, the Act of the session of the third and fourth years of the reign of King William the Fourth, chapter seventy-six, intituled "An Act to alter and " amend the laws for the election of Magistrates and " Councillors of the Royal Burghs in Scotland," and the Act of the same session, chapter seventy-seven, intituled "An Act to provide for the appointment and election of " Magistrates and Councillors for the several Burghs " and Towns of Scotland which now return or contribute " to return members to Parliament, and are not Royal "Burghs," and the Act of the session of the thirteenth and fourteenth years of the reign of Her present Majesty, chapter thirty-three, intituled " An Act to make more " effectual provision for regulating the Police of Towns " and populous Places in Scotland, and for paving, " draining, cleansing, lighting, and improving the same ; " and " The General Police and Improvement (Scotland) " Act, 1862," and any Acts amending the same : (c.) As regards Ireland, the Act of the session of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, intituled " An " Act for the Regulation of Municipal Corporations in " Ireland," the Act of the ninth year of George the Fourth, chapter eighty-two, " The Towns Improvement " (Ireland) Act, 1854," and every local and personal Act 174 ■" Municipal election." Application of Act. providing for the election of commissioners in any towns or places for i^urposes similar to the purposes of the said Acts. The expression " mimicipal election " means — (a.) As regards England, an election of any person to serve the office of councillor, auditor, or assessor of any municipal borough, or of councillor for a ward of a municipal l)orough ; and (fj.) As regards Scotland^ an election of any jierson to serve the office of councillor or commissioner of any municipal borough, or of a ward or district of any municipal borough : (c.) As regards Ireland, an election of any person to serve the office of alderman, councillor, commissioner, municii)al commissioner, town commissioner, towaiship commis- sioner, or assessor of any municipal borough. 30. This Act shtdl ajjply to any parliamentary or municipal election which may be held after the passing thereof. 31. Nothing in this Act, except Part III. thereof, shall apply to any election for a university or combination of universities. Bcpeal. Repeal of Acts .32. The Acts specified in the fourth, fifth, and sixth schedules to lu icliedules. , . , ^ -n ^ • t this Act, to the extent specified m the third column of those schedules, and all other enactments inconsistent with this Act, are hereby repealed. Provided that this repeal shall not aftect — (rt.) Anything duly done or suffered under any enactment hereby repealed ; or {h.) Any right or liability acquired, accrued, or incurred under any enactment hereby repealed ; or Co.) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; or (. At every polling place the returning officer shall pnt\ide a sTifficient number of polling stations for the accommodation of the electors entitled to vote at such pulling 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. 16. Each 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 provided for every one hundred and fifty electors entitled to vote at such polling station. 17. A separate room or separate booth may contain a separate polling station, or several ijolling stations may be constructed in the same room or booth. IS. No person shall be admitted to vote at any polling station except the one allotted to him. 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 ^■ote. 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 each 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 Ijorough. 21. The returning officer shall appoint a presiding officer to pre- side at each station, and the officer so appointed shall keep order at liis station, shall regulate the number of electors to be admitted at a time, and shall exclude all other persons except the clerk, the agents of the candidates, and the constables on duty. 180 22. Every ballot paper shall contain a list of the cantlidatea 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 their other names: it shall be in the form sot forth in the Second Schedule to this Act or as near thereto us circiuustanccs admit, and shall bo capable of being folded up. 23. Every ballot box sliall be so constructed that the ballot ])apers can be introduced tlieroin, but cannot bo withdrawn there- from, without the box being unlocked. The presiding officer at any polling station, just before the commencement of the poll, shall .sliow the ballot box empt}' to such persons, if anj', as may be present in such stition, so that they may see that it is empty, and shall then lock it uji, and place his seal upon it in such manner as to pre- vent it being opened without l)roaking such seal, and shall place it in his view for the recoi2)t of ballot papers, and keep it so locked and sealed. 24. Immediately before a ])allot paper is delivered to an elector, it shall be marked on both sides with the official inark, 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 of the elector, to denote that he has received a ballot paper, but \\ithout showing the particular ballot paper which he has re- ceived. 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 liis ballot paper, so folded up, into the ballot box ; ho shall vote without undue delay, and shall quit the jwlling station as soon as ho has put his ballot paper into the ballot box. 26. The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from voting in manner presci'ibed by this Act, or (if the poll be taken on Satur- day) of any voter who declares that he is of the Jewish i)ersuasion, and objects on religious grounds to vote in manner prescribed by tliis Act, or of any voter who I'lakes such a declaration as herein- after mentioned that ho is imable to read, shall, in the presence of tlio 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 ))allot paper to be placed in the ballot box, and the name and num- ber on the register of voters of every voter whose vote is marked in 181 pursuance of this rule, and the reason wliy it is so marked shall ho entered on a list in this Act called " the list of \-otes marked by the presiding oihcer." 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 poll- ing, before the presiding officer, who shall attest it in the form hereinafter mentioned, and no fee, stamp, or other payment shall he charged in respect of such declaration, and the said declaration shall be given to the presiding officar at the time of voting. 27. If a person, representing himself to be a particular elector named on the register, applies for a ballot paper after another per- son 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 differing 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 the 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 list, 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 ])aper may, on delivering to the presiding officer the ballot paper so inad- vertently dealt Avith, 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 ])allot paper sliallbe innnediately •cancelled. 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 separata 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, unoiiened 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 coun- terfoils of the ballot pajjcrs ; and 182 (o.) Tlie tendered votes list, and the list of votes marked by tlio- jn-esiding officer, and a statement of the nninber of the voters whose votes are so marked ))y the presiding officer under the heads "physical incapacity,'' "Jews," and " iniable to read," and the declarations of inability to road ; and shall deliver such packets to the returning officer. 30. The packets shall be accompanied by a statement made by such presiding officer, showing the number of ballo b papers entrusted to him, and accounting for them under the heads of ballot papers in the ballot box, imused, spoilt, and tendered ballot papers, which statement is in this Act referred to as the ballot paper accoimt. ('i))iuf!nf/ Yotes. 31. The candidates maj' respectively appoint agents to attend the counting of the votes. 32. The returning officer shall 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 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 comit the same. 33. 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, may be present at the counting of the votes. 34. Before the returning officer i^roceeds to c-ount the votes, he shall, in the presence of the agents of the candidates, open each ballot box, and, taking out the papers therein, shall comit 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 immber of ballot papers and counting the votes, shall keep the ballot i)apers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers. 35. The returning officer shall, so far as practicable, jn'oceed continuously with counting the vf)tes, allowing only time for refreshment, and excluding (excei)t so far as he and the agent otherwise agree) tlie hours between seven o'clock at niglit and nine o'clock on the succeeding' mornin;!. During the excluded time the 183 returning officer shall place the ballot papers and other clocnnionts 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 shall otherwise take proper precautions for the security of such papers and documents. 30. The returning officer shall endorse " rejected " on any ballot paper which he may reject as invalid, and shall add to the endorse- ment "rejection objected to," if an objection be in fact made by any agent to his decision. The returning officer shall report to the Clerk of the Crown in Chancei-y the number of ballot papers rejected and not counted by him ;;nder the several heads of — 1. Want of official mark; 2. Voting for more cmdid ites 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. 37. Upon the completion of the coimting, the returning officer shall seal up in separate packets the counted and rejected ballot papers. Ho 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 officer by comparing it with the number of ballot papers recorded by him as aforesaid, and the unused and spoiled ballot papers in his possession and the tendered votes list, 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 coY>y it. 3S. 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 tlic 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 1H4 election was held ; and the term " jx )1 1 book ' ' in any such enactment shall be construed to include an}' document forwarded in pursuance of this rule. 39. The Clerk of the Crown shall retain for a year all documents relating to an election forwarded to lum 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 l)e allowed to inspect any rejected ballot jiapers in the custody of the Clerk of the Crown in Chancery, except imder the order of the House of Commons, or under the order of one of Her IMajesty's Superior Courts, to be granted by such court on being satisfied by evidence on oath that the insi^ection or pro- duction of such ballot papers is required for the pm'pose of institu- ting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an elec- tion 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 insjiection 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. 41. No person shall, except by order of the House of Commons or any tribunal having cognizance of petitions complaining of inidue 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 ctt'ect any such order, care shall l)e taken that the mode in which any particular elector has voted shall not be discovered until he lia.s been proved to have voted, and his vote has been declared l)y a comjietent court to be invalid. 42. All documents forwarded by a returning officer in pursuance of this Act to the Clerk o[ 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 tlio said documents to any person 185 demauding the same, on payment of sucli fees and subject to such regulations as may be sanctioned by the Treasury. 43. Where an order is made for the production by tlie 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 nr.iy be directed by such ■order, or by a rule of the court having power to make such order, «hall be conclusive evidence that such document relates to the speci- fied 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 jDroduction 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, shall 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 Par- iiament for any county or borough shall be made l^y a certificate of the names of such member or members under the hand of the returning officer endorsed on the writ of election for such county or borough, and such certificate shall have eS'ect 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 with such certificate endorsed to the postmaster of the principal post oflice of the place of election, or his deputy, and in that case he shall take a receipt from the postmaster or his deputy for the same ; and such postmaster or his deputy shall then forward the same by the first post, free of charge, under cover, to the Clerk of the Crown, with the words " Election Wi'it and Return " endoi'sed 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, of the total number of votes given for each candidate, whether elected or not. 46. Where the returning officer is required or authorised by tliis Act to give any public notice, he shall carry such requirement into efiect by advertisements, placards, handbills, or such other means as he thinks best calculated to afford information to the electors. 186 47. The returning oflicer may, if he think tit, preside at any polling station, and the provisions of tliis Act relating to a presiding officer shall apply to such returning officer with the necessary modi- fications as to things to be done by the returning officer to the pre- siding officer, or the presiding officer to the returning officer. 48. In the case of a contested election for any county or borongh, the returning officer maj^, in addition to any clerks^ appoint competent persons to assist him in counting the votes. 49. No person shall be appointed l)y a returning officer for the purposes of an election who has been employed by any other person in or about the election. 50. The presiding officer may do, by the clerks appointed to assist him, any act winch he is required or authorised to do by this Act at a polling station except ordering the arrest, exclusion, or ejection from the polling st-ition of any person. ol. A candidate may himself inidertake the duties which any agent of his, if appointed, might have undertaken, oi' may assist liis agent in the performance of such duties, and may be present at any place at which his agent maj-, in pursuance of this Act, attend. 52. The name and address of e^■ery 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 ojiening «>f 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 re(juired to be given to any agent by the returning officer may be delivered at or sent by post to such address, 53. If any person appointed an agent bj'' a candidate for the purposes of attending at tlie polling station or at the counting of the votes dies, or becomes incapable of acting during the time of the election, the candidate may api)oint 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. 54. Every returning officer, ; nd every officer, clerk, or agent authorised to attend at a polling station or at the counting of tho votes shall, before the opening of the poll, make a statutory decla- ration of secrecy, in the presence, if he is the returning officer, of a justice of the peace, and if ho is any other officer or an agent, of a justice of the peace or of the returning officer; but no such return- ing officer, ofiicer, clerk, or agent, as aforesaid shall, save as afore- 187 said, be required, us such, to make any declaration or take any oath on the occasion of any election. 55. Where in this Act anj^ expressions are iised requiring or authorising or inferring that any act or thing is to be done in the presence of the agents of the candidates such expressions 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 tlie 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. 56. 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 ; and when anytliing 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 daj', unless it is one of the da3's excluded as above mentioned. 57. In tliis Act — The expression " district borough " means the borough of IMon- mouth and any of the boroughs specified in Schedule E. to the Act of the session of the second and third j'ears of the reign of King William the Fourth, chapter fortv-five> intituled " An Act to amend the Representation of " the people in England and Wales; " and The exi^ression "polling place'' means, in the case of a borough, such borough or any part tliereof in which a separate booth is required or authorized by law to be provided ; and The expression " agents of the candidates," used in relation to a polling station, means agents appointed in pursuance of section eighty-five of the Act of the session of the sixth and seventh years of the reign of Her present Majesty, chapter eighteen. Modifications in ^ipplication 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. 59. In Scotland the candidates may respectively appoint agents to attend at the polling stations. The ballot papers and other documents other than the return required to be sent to and kept hj 188 the Clerk of the Crown in Chancery, shall in Scotland be kept by the sherift" clerks of the respective counties in which the returns (including those for burghs) are made, and the provisions of tliis Schedule relating thereto shall be construed as if the slierifl' clerk were substituted for Clerk of the Crown in Chancery. 60. In Scotland, the term " district borougli " shall mean the combined burghs and towns specified in Schedule E. of tlie .\ct of the .session of the second and tliird years of the reign of KingAVilliam the Fourth, chapter sixty-live, intituled " An Act to amend the Representation of the People in Scotland ; " and in Schedule A. of the Representation of the People (Scotland) Act, 1868. 61. The provisions of the Act of the session of the second and third years of the reign of King "William the Fourth, chapter sixty- tive, intituled " An Act to amend the Representation of the People ^ in Scotland,'' in so far as they relate to the fixing and announce- ment of the day of the election, the interval to elapse between the receipt of the writ and the day of election, the period of adjourn- ment for taking the poll in the case of Orkney and Shetland, and of the district of burghs comprising Kirkwall, Wick, Dornoch, Ding- wall, 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, anything 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 bm-ghs, or any of the burghs in the said district, from any of the benelits and obligations of the otliei' portions of this Act. Mi>il!fi('nfi. A presiding officer at a polling station in a county in Ire- land niT(l not be a freeholder of the county. 189 Part II. HERE FOLLOW RULES RELATING TO MUNICIPAL ELECTIONS. SECOND SCHEDULE. Note. — The forms contained in this schedule, or forms as nearly resembling the same as circumstances will admit, shall be used in all cases to which they refer and are applicable, and when so used shall bi> siifticient in law. Writ for a County or Boroufjli at a rarliamentanj Election. * Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen. Defender of the Faith, to the t of the county [or borough] of greeting : X Whereas by the advice of our Council we have ordered a Parlia- ment t( ) bo liolden 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 be\ of § and that you do cause the names of such members [or member] when so elected, whether they [or he] ))o present or absent, to be certified to us, in our Chancery, without delaj'. >A'itness ourself at Wesminster, the day of in the year of our reign, in the year of our Loi'd 18 Label or direction of Writ. To the t 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 maybe']. 190 Eiiih)r>;. com- iiioiily called A'iscount Swanworth, Berks. Viscount. SMITH or itEXltY Svjf.NEV - 72, High-street, Bath Attoi-uey. (Signed) A.B. CD 192 We the iindorsigiiod. beinj,' registered electors of the ,. «1<) hereby assent to the nomination of the above-mentioned Jo/r/t Jtrotni as a proper [)erson to serve as a member for the said in Parliament. (Signed) KF. of a.ii. of I.J. of K.L. of M.N. of O.P. of Q.E. of >S'.7'. of Xote. — Wliere a candidate is an Irish peer, or is commonly known by some title, he may be described by his title as if it were- his sm-name. Form (if Ballot T(ii>cr. Form of front of Ballot Paper. Counterfoil f7/^'.\j/;'R.X' Ko. 1. aw^sk; xot/i : 9m.m The coun- ^U:lm6 iirfoU is to ^(^g:if^\\i have a number J\,\a,'%-i\i/yj to corresjiuid 9{^$}ll3^ wit/i that on ^r/is-Jd^f' the hack of the 5'/"-:Vy/ A' liallut Paper. mM^O ^■1^: - '■ 9L\I ■ m.,\)i.- • 9Ri^!/jmi 9/^m^ 9m/:JIM 9m-jmi 9/?im3^ BROWN (John Brown, of 52, George St., Bristol, Merchunt J JONES (AVilliani David Jones, of High Elms, Wilts, Esq.; 3 MP]RTON (Hull. Guuige Travi.=, ciin- monly called Viscount Rlerton, tf Swanworth, Berks.; SMITH f Henry Sidney Smith, of 72. High St., Bath, Attorney.) No. Form of Back of Ballot Pai)er, Election for 18 county [or borough, or ward]. Note. — The niuidjer on the ballot paper is to correspond with that in tlie counterfoil. 193 Directio7is as to print in;/ 11 allot Paper. Notliing is to be printed on tho l);illf Sfaftilon/ Declaration of Secrecy. I soloiiinly promise uml declare. That I will not at this election for do anything forbidden by Section Fonr of Tho Ballot Act, 1872, which has been read to me. Note. — This section must be read to the declarant by the person taking the declaration. Tonn of Declarat ion of inahilitij to read. I, A.B., of , l)eing numbered on the Register of Voters for the county \_or borough] of d( ) hereby declare that I am unable to read. A.B., his mark, day of I, the undersigned, being the presiding officer for the jiolling station for the county [or borough] of , do hereby certify, that the above dechxration, having been iirst x'ead 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 dav of 195 ABSTRACT. An abstract of the principal provisions of the Ballot Act, 1S7J, for the information of returning officers at parliamentary and municipal elections in England and Wales, has been prejmred offi- cially. It is prefaced as follows : — "The object of the following abstract is to inform retiu-ning officers of the 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 interpreta- tion 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 tirst, schedule to that Act. Astliis Act is now in force, every election whether parliamentary or municipal, held to supply a casual vacancy must be conducted in accordance with its provisions. The attention of each returning officer is therefore specially directed to paragraphs 7 and 18, in order that he may l)e prepared for any such election. " H. A. Bruce. "HomeOffice, Whitehall, 24th July, 1872." " PRELIMINARY. "1. All notices required by the Act may be given by advertise- ments, placards, or in sonie similar manner (rule 46). "NOMINATIONS. "2. In this Act the term 'election' applies to elections wliicli, not being contested, are completed at the time of nomination, as well as to elections which, being contested, are decided by poll. 190 "3. A separate writ will ho sunt for each electoral division of a county, and the sheritt' may ap^ioint by writing a deputy to act as returning officer for all or any of tlio purposes of the election in such electoral division (s. S). "4. A time table, showing the limits of time allowed for the different stages in an election, is appended in a schedule to these instructions. " 5. Tlie returning officer will, within the time limited by rule 1, give notice between 9 a.m. aud4ii.m. of the several particulars sjieci- Hed in rule 1. For this purpose he must fix the time and place of nomi- nation (rules 2, 3, 4), the time and place at which forms of nomination papers will be supjjlied (rule 7), and the day of the poll (rule 14^. In the case of a county election notices are also to be sent by post. (See rule 1.) The form of the notice is given in the second schedule. The old proclamation and the liolding of a county court for the jmrposes of a county election are abolished. " 6. The time and place of nonunation are to be fixed by the leturning 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 re(|uired. " 7. In the interval between the day of giving notice and the day of nomination the retui-ning officer is required to supply printed forms of nomination papers to electors during such two hours Ijetween 10 a.m. and 2 Y).m. on each day as he may fix. He must therefore provide such forms as soon as possible after the receijit of the writ. The form will bo found in the second schedule. " 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 liour afterwards in order to receive objections. No oath is now required to be taken by the returning officer (rule 54). " 9. The only persons entitled to attend the proceedings at the time of, nomination, 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. " 10. The returning officer will take care that the nomination paper is in the proj^er 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 ofiirer, however advisable, is not obliga- tory, provided that the form prescribed in the Act is followed (rule 7). 197 " 11. Tlie (jbjectious whicli may be niailo to the validity of a nomination paper are of two kinds :~(1.} Objections under rule (5, which must be made immediately on the delivery of the nomination paper to the returning officer. (2.) Objections under rule 12, which inust 1)0 made either during the time ajipointed for the nomination or within one hour afterwards. The returning oflicer is to determine the validity of any objection (rule l-'!), but he will bear in mind that the making or allowing trivial objections may lead to the delay and ■expense of a petition. " 12. Immediately after each nomination paper has been delivered to the returning officer notice of the nomination is to be placarded •outside the building. " 13. A candidate once nominated, unless nominated in his absence from the United Kingdom, can only withdraw from his candidature by delivering to the returning officer, during the time appointed for the nomination, a notice of withdrawal signed by himself. " 14. If at the expiration of one hour after the time appointed for the nomination 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 (s. 1, rule 44). This notice must also state the names of any candi- dates 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. " 15. If at the expiration of one hour after the time appointed for the nomination the number of the candidates who have been duly nominated, and not withdrawn, exceeds the number of vacancies to be filled up, the returning officer is to adjourn the elec- tion 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). " 16. If a candidate dies in the interval after the adjournment of the election and before the poll hus connnenced, notice of the poll is to be countermanded, and the proceedings commenced -jifresh (s. 1). 198 "THE POLL. " 17. In cases where a poll is required, the returnin<,f oflicer must, immediately iifter the adjournment of the election, give public notice of the matters specified in rule 19. The form of directions us 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 ever}'' compartment of every polling station, and illustrated by examples of the ballot paper. " 18. In the event of a poll being required, the lirst business of the returning officer will be to provide polling stations, appoint presiding officers and clerks for each polling station, and provide a sufficient supply of ballot boxes, ballot papers, materials for mark- ing ballot papers, stamping instruments, and copies of the register of voters. He must also, as inider the j^i'evious law (6 Vic, c. 18, s. 90), provide a sufficient number of constables to attend in each polling station. " 19. The office (jf a presiding officer is equivalent to that of a deputy returning officer under the previous law (s. 10). There is to be one presiding officer for each polling station (rule 21), but the returning officer himself may act as a presiding officer (rule 47), and no doubt will do so when there is only one polling station. The returning officer may appoint clerks to assist the presiding officer at each station (s. 8, rule 48), but he will of course not do so- where the number of voters at a station is small. A 2:)residing 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 (s. 11). " 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 compartment to every 150 persons entitled to vote at the station (rule 16). 'Polling place' in the case of a county means some town or village at whicli the electors of a polling district are to poll ; and in the case of a borough means the particular s^jot in each borough or polling district of a borough which the returning officer under the pre\ious 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 sec. .'57 of .'lOth and .'Ust Vict., chap. 102, directs that a room is to be used where prac- ticable. L'nder see. (> any room in a school receiving an annual 199 grant out of moneys provided by Parliament, and any room tin- expense 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 ac;taally 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 course bo 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 fitting. More than one polling station may, if necessary, be fitteil up in the same room (rule 17). "21. Care must be taken that the partitions dividing the com- partments in the polling stations are sufHcient to efiectually screen the voter from observation (rule 16). It may be found advanta"-e- ous 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. '"22. The ballot-box must be constructed so that ballot papers can be introduced 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 safetj'. Ballot-boxes provided for municipal elections may be used, free of charge, for parliamentary elections, and vice versa (s. 14). "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 different colour must be jjrovided for ' tendered votes ' (rule 27). Every ballot paper must have a counterfoil, and must be numbered on the back with a number corresponding to that on the face of the counterfoil (s. 2). As the object of the numbering is to make it possible to ascertain how votes have been given 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 continu- ous series. The ballot papers and counterfoils should be bound uj) in books like ordinary cheque or receij^t 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 200 officer in the station at the time of voting, in accordance with the Act (see penalties in sec. ti). The returning officer must keep uccoinits of the number of l);ilh)t papers supplied to each presiding officer (see paragraph 47), " 24. The official m irk to be stamped on tlie ballot paper is to be kept secret (rule 20). As the mark is to be visible on both sides of tile paper (sec. 2, rule 24), a perforating or embossing stamp should be used. " 25. Each compartment in the polling station should be sup- jilied with pencils for voters to mark the ballot papers (rule 20, and see directions in second schedule). " 26. Each polling station must be supplied with a copy of the register of voters or such part thereof as contains the names oi the voters allotted to vote at that station (rule 20). "27. Before the opening of the poll the returning officer and every officer, clerk, and agent authorized to attend at the jwlling 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, befoi-e it is taken, read over s. 4. of the Act to the declarant. All other oaths are abolished (rule 54). " 28. The only persons entitled to attend at the polling station are the presiding officer, the personation agents, of whose appoint- ment notice has been given in accordance with 6 and 7 Vic, c. 18, s. 85 (see rule 57), or with rule 50, the candidates themselves if they wi.sh (rule 51), and the constables on duty. Check-clerks and the commissioners who might have been appointed to administer oaths under 34 Geo. III., c. 78, and 42 Geo. III., c. 62, are abolished (see repeals in 3rd schedule). " 29. The hours of the iioll ii'inain unaltered. Just before the commencement of the jioll the j)residing officer at each jioUiug 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 jilace it near him, and keep it in his view. '• oO. The presiding officer has all the powers of a deputy return- ing officer under the previous law (section 10). He has power to ask the authorized questions and administer the authorized oaths (section 10). The presiding officer may delegate to his clerks any ). " 31. Candidates may appoint agents for the purpose of detecting personation (6 and 7 Vict., c. 18, s. 85), an offenco the definition of which is extended ])y s. 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), iind are expressly iirohibited 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 ■communicating to any person any information about any vote or the number of any ballot paper (s. 4). It will 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 (s. U). " 32. The mode of voting in ordinarj' cases is described in s. 2, in rules 24 and 25, and in the directions contained in the 2nd sche- dule. Tlie result is as follows : — When the voter comes up to vote, the presiding officer or his clerk (see rule 50) will ascertain that ho is entitled to vote at that particular station (rule 1 8), he will then mark one of the official ballot jmpers with the official mark, so that it be visible on both sides : call out the number, name, and des- cription of the voter, as stated in the copy of the register ; enter such number on the counterfoil 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 not 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 ques- tions which may be asked of the voter, and the oath wliich may bo 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 be has made and so as to leave the official mark visible on the back, and to take it so folded, with- out showing the front of the paper to any person, to the presiding officer himself (not to a clerk, see section 2), show him the official mark, place the ballot paper at once in the ballot-box, and imme- diately leave the station. The presiding officer must take care that no person interferes with the voter while he is giving his votes. 202 puts into the ballot-box any paper whicli has not the ofBcial mark on the back, takes a ballot paper out of the station, or otherwise iufriuses the provisions of secticnis 3 and 4. If any person attempt to put into the ballot-box any ballot paper wliich has not the official mark on the back, or to take any ballot paper out of the station, or in other waj- to infringe the pro\asions of sections 3 or 4, the pre- siding officer should order him to be arrested, or at all events removed (see sections 3 and 9). " 33. If a voter accidentally spoils a ballot i)aper he may return it to be cancelled, and may be given another (rule 28). " 34. In three cases only is the ballot paper allowed to be marked by any person other then the voter himself, and then onl}^ by the presiding officer. These are — (1.) Persons incapacitated by blindness or any other physical cause ; (2.) Jews, if the polling takes place on a Saturday, and they object on religious grounds to mark their votes; and (3.) Persons unable to read. If a voter declares that he is unable to read he must make before the presiding officer a declara- titni of inability to read in tlie form prescribed in the second sche- dide. This declaration must be r^»ad by the presiding officer to the votor, signed by the voter with his mark in the presence of the iJre- siding officer, attested by the presiding officer, and kept by him to be sent to the returning officer (see rule 38j. 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 the presiding officer," men- tioning in such list the reason why the vote has been so marked (rule 2(3). It must be remembered that the declaration of secrecy and the penalties under section 4 apply to votes given under these circumstances. "35. The mode of tendering a vote where a person claims to vote after another person has already voted in his name is j^rescribed 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. " 3G. The pi-esiding officer is not allowed to open the ballot-box, which, under section 2, is, at the close of the poll, to be sealed xip so as to prevent the introduction of additional ballot papers. As soon as practicable after the close of the poll, the presiding officer is, in the presence of the personatif)n agents, if any are in attendance, to make up into separate jjackets the ballot-box and the several papers there mentioned, seal tlie packets with his own seal, and allow the agents, if they wish, to affix their seals, and then, unless he is hinn- 203 self tlie returning officer, to deliver the several packets, togetiun- with the ballot paper account mentioned in rule 30, to tlie return- ing officer (rule 29). Care shoidd be taken that the several classi-s of documents mentioned in the difierent paragraplis of rule :?!) are made up in separate packets, as only some of them are allowed to' be subsequently opened by the returning officer. '' COUNTING VOTES. " 37. The returning officer is to count the votes as soon as prac- ticable after the close of the poll (rule 32). '' 38. The candidates are allowed to appoint agents to attend at tlie counting, but they must give the returning officer notice of the name and address of each agent one clear day before tlie opening of the poll (rules 31, 52). " 30, The returning officer is to give notice to the agents of the time and place of the counting of votes (rules 32, 52). " 40. The x-eturning officer may, in addition to any clerks, appoint competent persons to assist in counting (rule 48). "41. The persons entitled to be present at the counting are the retm'ning officer, his assistants and clerks, the candidates (rule 50j, and the didy 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 counting. All officers, clerks, and agents authorised to attend at the counting must take the declaration of secrecj' (rule 44). " 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 foiuid 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 nund)er.s printed on the backs of the papers (rule 34). Pro^-isions are con- tained in section 4 as to secrecy at the counting of the votes a.s. well as at the proceedings at the poll. "43. Any ballot paper which has not the official mark, or on which votes are given to more candidates than the voter is entitled 204 to vote for, or on which anything except the number printed on the hack is written or niarke 1 by which the voter can be identified, is to be void and not counted (s. '2). Tlie power of deciding on the vahdity oi votes rests with the returning othcer alone, and cannot be delegated (s. 2). The returning officer is to mark ' Rejected ' on any ballot paper which he may reject as invalid,, and to add ■* Rejection objected to ' if an objection be in fact made by any agent to his decision. The rejected votes are to be classified under . „ 4. First possible day for nomination. „ 5. Last possible day for nomination. , 6. First possible day for poll in ordinary boroughs. 206 ;of the 8. Nothing in this Act shall apply to an election for any univer- uiiivwsities. gjj.^ ^j. (.QmbiiiaijiQij of universities. Commcuceinciit 9. This Act shall come into operation on the first day of October Act. * ""^^ ""' ^ oiie thousand eight hundred and seventy-five, and continue in force until the thirty-first day of December one thousand eight hundred and eighty, and no longer, unless Parliament shall otherwise determine. Short title. 10. This Act may be cited for all purposes as the '' Parliamentary Elections (Returning Officers) Act, 1875." Not to apply to 11. This Act shall not a^jply to Scotland. Sc.)tlainl. 211 SCHEDULES. FIKST SCHEDULE. Charges op Returning Officers. The following are the maximum charges to be made by tlie re- turning officer, but the charges are in no case to exceed the sums actually and necessarily paid or payable : — Part I. Counties and District or Contributory Boroughs. This Part of this Schedule applies to an election for a county, or for either of the boroughs of Aylesbury, CricTdade, Monmouth, East Retford, Stroud, and Neiv 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 nomin- ation 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. 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. £ s. d. ■2 -2 1 1 1 The necessary expenses, not exceeding at any one polling station tlio charge for construct- ing and fitting a polling station 7 212 FIRST SCHEDULE.— Part 1.— continued. In Ireland the returning officer shall use a court house where one is available as a polling station, and his maximum chai-ge for using and tittiug the sume shall in no case exceed three i)ounds three £ s. d. shillings. For each ballot box required to be pur- chased 1 1 For the use of each ballot box, when hired 5 For stationery at each pollhig station . . 10 For printing and providing ballot papers, per thousand 1 10 For each stamping instrument 10 For copies of the register . . The sums payable bj' statute for the neces- For each presiding officer . . sary copies. 3 1 For one clerk at each polling station where not more than 500 voters are assigned to such station 1 3 For an additional clerk at a polling sta- tion for every number of 500 voters, or fraction thereof beyond the first 500 assigned to such polling station 1 1 For ever}' person employed in counting vote^, not exceeding six such persons where the number of registered elec- tors does nor, exceed o,000, and one for ever}' additional 1^,000 electors 1 1 For making the return to the clerk of the Crown 1 1 For tlie preparation and publication of notices (other than the notice of elec- tion). For conveyance of ballot boxes from the polling stations to the place where the ballot papers are to be counted, per mile . . Not exceeding for tiie whole of such notices 20/., and 1/. for every additional 1,000 elec- tors above 3,000. 1 213 FIRST SCHEDULE.-Paux l.-cuutimu;!. For professional and other assistance in and abont 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 eacli candidate . . For all other exuenses £ s. d. In a contested Hl,000 and up to 10,000, and 2/. for livery 1 ,000 or fraction tliereof abovo 10,000. In an uncon- tested election, one fifth of the above sums. 1 2 2 In a contested election, not exceedin. mitted in reference to such election by or with the knowledge and consent of anj' candidate at such election, or that the oft'ence of treating or undue influence has been proved to liaA e been com- mitted 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 rejiort he had been convicted on an indictment of a corrupt practice. 5. Upon the trial of an election petition respecting an election Punishment of . t-aiuiidale for a county or borough, in which a charge is made of any corrupt found, on elec- l)ractice having been committed in reference to such election, the [,'i"i"ty''by'""' election court .shall report in writing to the Speaker whether any ^^^^['J^'raet^';!^;, 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 909 practices. Commons for such count)' or borough for seven years after the date of the report, and if he lias been elected his election shall be void. Punishment of Cm (I.) A person wlio conunits any corrupt ju-actice other than person con- . ... , . ,,. . ,, victed onindii-t- personation, or aiding, abetting, coTinselling, or procuring the com- nmct ices'"' "'"'* i»ission of the offence of personation, shall be guilty of a misde- meanor, and on conviction on indictment shall be liable to be imprisoned, with or without hard labour, for a term not exceeding one year, or to be fined any sum not exceeding two hundreil pounds. (2.) A person who commits the offence of personation, or of aid- ing, abetting, counselling, or procuring the commission of that otience, shall be guilty of felony, and any person convicted thereof on indictment shall be ijunished by imprisonment for a term not exceeding two years, together with hard labour. (3.) A person who is convicted on indictment of any corrupt practice shall (in addition to any punishment as above provided) be not c.ipable during a period of seven years from the date of his con- viction : (a.) of being registered as an elector or voting at any election in the United Kingdom, whether it be a parliamentary election or an election for any public office within the meaning of this Act ; or (b.) of holding any public or judicial office within the meaning of this Act, and if he holds any such office the office shall be vacated. (4.) Any person so convicted of a corrupt ju-actice 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. Certain expen- diture to be illegal practice. IHcf/al Practiceit. 7. (1.) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a cmdidate at any election, be made — (a.) on account of the conveyance of electors to or from the poll, whether for the hiring of horses or carriages, or for the railway fares, or otherwise ; or (h.) to an elector on account of the use of any house, land, build- ing, or premises for the «jxhibition of any address, bill, or notice, or on account of the e.\liil)itiou of any address, bill, or notice ; or 223 (c.) on account of any committee room in excess of the number allowed by the First Schedule to this Act. (2.) Subject to such exception as may be allowed in pursuance to this Act, if any payment or contract for payment is kncnvingly made in contravention of this section either before, during, or after an election, the person making such payment or contract sliall bo guilty of an illegal practica, and any person receiving such payment or being a party to any such contract, knowing the same to be ia contravention of this Act, shall also be giiilty 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 advertise- ments, 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. 8a (!•) Subject to such exception as maybe allowed in pursuance Expense in of this Act, no sum shall be paid and no expenses shall be incurred maxfmvnn l)y a candidate at an election or his election agent, whether before, t>e illegal J _ _ . practice, 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 con- travention of this section shall be guilty of an illegal practice. 0, (1.) If any person votes or induces or procures any person to vofin<;by pro- vote at any election, knowing that he or such person is prohibited, ^,\'j p,'|Ji'|5h°,°g whether by this or any other Act, from voting at such election, he "f f'lj^e f-^te- . uieiits of shall be guilty of an illegal practice, witiuhawai to (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. lO. A person ffuilty of an illegal practice, whether under the PLinishmenton '■ ■, , . . 1 • rx J. ■ T • coiivictiou of foregoing sections or under the provisions hereinafter contained m illegal practice, 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 being registered as an elector or voting at any election (whether it be a parlia- mentary 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. 224 Report of XI. ^Vllel•eas by sub-section fourteen of section eleven of the n-spet-iing Parliamentary Elections Act, 1808, it is provideil that where ;i amfpunUh- ' ' '-'^^'^I'ge is made in an election petition of any corrujjt practice hav- ninitof ing been committed at the election to which the petition refers, I'siiuluiate found '=' . i ' {guilty by suiii the judge shall report in writing to the Speaker as follows : report . 31 &'oJ / \ - itti Vict.,c. i2o. (rt.) '" >> hether any corrupt practice has or has not been proved "to liave been committed by or with the knowledge and con- " sent of any candidate at sucli election, and the nature of " sucli corru2)t practice ; {b.) " The names of all persons, if an}', who have been proved at " the trial to have been guilty of any corrupt practice ; (c.) " Whether corrujjt practices have, or whether there is reason "to believe corrupt practices have, extensively prevailed at the " election to which the petition relates : " And whei'cas it is expedient to extend the said sub-section to ille- gal 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 substitution of illegal practice within the mean- ing of tliis Act for corrupt practice ; and upon the trial of an elec- tion 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 tliis Act in refer- ence 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 si;ch election by or with the knowledge and consent of an)^ candidate at such election, that candidate shall not be capable of being elected to or sit- ting in the House of Commons for the said county or borough for sevtn years next after the date of the report, and if he has been elected his election shall be void ; and he shall fui-ther be subject to the same incapacities as if at the date of tlu' 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 any illegal practice in reference to such election, that candidate shall not be capable of being elected to or sitting in the He isc of Commons for the said county or ])orougli dining the Parliament for whicli tlie election was held, and if he has been elected, his election shall be void. 225 12. Whereas by tlie Election Commissioners Act, 18oi>, as Exteneion „f amended by the Parliamentary Elections Act, 1868, it is enacted '.^ * ^^ ^''•'•• that where a joint address of both Houses of Parliament represents eiV'tjo" »'•"'- ""^ to Her Majesty that an election court has reported to the Speaker iilS5'r.''u.M,',.s. that corrupt practices have, or that there is reason to believe that '.'''^7?'* ^"''•' corrupt practices have, extensively prevailed at an election in any •"' ''' ■'^'^l'-'-. county or borough, and prays Her Majesty to ciuse inquiry mider '' that Act to be made by persons named in such address (l)eing qualitied as therein mentioned), it shall be lawfulfor Her Majesty to appoint the said persons to be election commissioners for the pur- pose of making inquiry into the existence of such corrupt practices : And whereas it is expedient to extend the said enactments to the case of illegal practices : Be it therefore enacted as follows : — When election commissioners have been appointed in pursuance lo & ig Vi.-t., of the Election Commissioners Act, 1852, and the enactments '"'" ^^' amending the same, they may make inquiries and act and report as if " corrupt practices " in the said Act and the enactments amend- ing the same included illegal practices; and the Election Com- missioners Act, 1852, shall be construed with such modifications as are necessary for giving effect to this section, and the expression "corrupt practice" in that Act shall have the same meaning as in this Act. Illegal Pai/mont, Emploijmi-itt, and Iliniuj. X3a Where a person knowingly provides money for any payment Providins of which is contrary to the provisions of this Act (or for any expenses iijegarpraot ice incurred in excess of any maximum amount allowed by this Act), ^ payment to Or for replacing any money expended in any such payment or payment, 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. 14. (1.) A person shall not let, lend or employ for the purpose of Eniploymcnt the conveyance of electors to or from the poll, any public stage or ^.^/!^^l?"'^)rof hackney carriage, or any horse or other animal kept or used for t-an-iages ami 1 -4.1 ■ 1 iu • 1 1 • 1 , 'i"'ses kept lor urawmg the same, or any carriage, liorse, or other anmial whicJi he hire. 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 Q 220 this section to let, lend, or employ for that jjiirpose, and if he does so he shall be guilty of an illegal hiring. (3.) Notliing in this Act shall prevent a carriage, horse, or other animal being let to or hire 1, employed, or used by an elector, or several electors at their joint cost, for the purpose of being con- veyed to or from the poll. (4.) No person shall bo liable to pay any duty or to take out a licence for any carriage by reason only of such carriage being used \\ithout payment or promise of jiayment for the conveyance of electors to or from the poll at an election, rornipt with- X5« -^1*7 person who corruptly induces or procures any other (•amuaatui'e '^ person to withdraw 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 withdrawing, in pur- suance of such inducement or procurement, shall also be guilty of illegal payment. Certain expen- 16a (!•) ^o payment or contract for payment shall, for the pur- ■ii'l"r"i '° '•'' pose of promoting or procuring the election of a candidate at any iiient. ' 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 tliis Act, if any payment or contract for pajmient is made in contravention of this section, either before, during, or after an election, the person making such payment shall be guilty of illegal payment, and any person being a pai'ty to any such contract or receiving such payment shall also be guilty of illegal payment if he knew that the same was made contrary to law. Certain employ- 17. (1-) No person shall, for the purpose of promoting or pro- iiienttobe i-uriiiic the election of a candidate at any election, be engaged or illegal. ^ ./ ^ o o employed for payment or promise of payment for any purpose or in any capacity whatever, except for any purposes or capacities mentioned in the first or second parts of the First Schedule to this Act, or except so far as payment is authorised by the first or second parts of the First Schedide to this Act. (2.) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or eraploj'ed in contravention of the 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 emjaloyed contrary to law. Name auU ad- 18. Kvery bill, placard, or poster having reference to an election on plaLurds.' "^' shall bear upon the face thereof the name and address of the printer 227 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, wliall, 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. 19. The provisions of this Act prohibiting certain payments and Saving fm- , , r , -, ,-, .. creditors, contracts tor i)ayments, and the payment of any sum, and the incurring of any expense in excess of a certain maximum, shall not aiiect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of the same being in contravention of this Act. 20a («•) Any premises on which the saleby wholesale or retail Use of com- of any intoxicating liquor is authorised by a licence (whether the i,onse for sale of licence be for consumption on or off the premises), or iu!uor"or "'^' (b.) Any premises where any intoxicating liquor is sold, or is yt^irt'shinent, or . -^ ^ •' . . '" elementary supplied to members of a club, society, or association other than a sdiool, to be , ,., . , , , illegal Ijiring. permanent pohtical 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 procuring the election of a candidate at an election, and if any person hires or uses any such premises or any part thereof for a committee room, he shall be guilty of illegal hiring, and the person letting such premises or part, if he knew it was intended to use the same as a committee room, shall also be guilty of illegal liii-ing : Provided that nothing in this section shall apply to any part of such premises wliich is ordinarily let for the purpose of chambers or offices or the holding of public meetings or of arbitrations, if such part has a separate entrance and no direct communication vpith any part of the premises on which any intoxicating liquor or refresh- ment is sold or supplied as aforesaid. 21. (1.) A person guilty of an offence of illegal payment, P^jJKyme'lIt, emplovment or liiring shall, on summary conviction, be liable to a employment, ^ J 1111 °^ luring, fine not exceeding one hundred pounds. (2.) A candidate or an election agent of a candidate who is per- sonally guilty of an offence of illegal payment, employment, or hiring shall be guilty of an illegal practice. 228 Excifie and Exception fur Corrtijd or Illegal Practice or Illegal Paymettt, Eniplogmt-nt, or Hiring. Report exonor- 2t2tm WiiLTC, upou the trial of ail election petition respecting an fn'cfrtaVu cases election for ii county or boroui;li, the election court report that ;i ot ''orrupt c:inilidate at such election has been Laulty In' his af^ents of the and illegal o j ^ j tr> prartu'e t'v otlence of treating and undue inHuence, and illegal practice, or of any of such offences, in reference to such electioji, and the election court further report that the candidate has proved to the court — (a.) Tliat 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 wei'e committed contrary to the orders and without the sanction or connivance of such candidate or his election agent ; and (i.) That such candidate and his election agent took all reason- able means for preventing the commission of corrupt and illegal practices at such election ; and (r.) That the offences mentioned in the said rei)ort were of a trivial, unimportant, and limited character; and {d.) That in all other respects the election was free fi-om any corrupt or illegal practice on the part of such candidate and of his agents ; then the election of such candidate shall not, by reason of the offences mentioned in such report, be void, nor shall the candidate be subject to any incapacity under this Act. Power of High 23a Where, on application made, it is shown to the High Couit Uo'n'court to^'^ <^i" ^*' '^" election court by such evidence as seems to the Court except innocent sufficient— a<-t from lieing illegal practice, (,7.) 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 j^ayment, engagement, emploj'ment, or con- tract in contravention of this Act, or being the payment of a sum or the incvu'ring of expense in excess of any maximum amoimt allowed by this Act, or of otherwise being in contraven- tion of any of the provisions of tliis Act. be l)ut for this section an illegal practice, payment, employment, or hiring ; and (A.) that such 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 Avant of good faith ; and (c.) that such notic3 of the application has been given in the county or borougli for which the election was held as to the court seems fit ; 229 and under the circumstances it seems to the Court to lie just tliat the candidate and the said election and other agent and i,ersr)ii, or any of them, shouhl not he subject to any of the consequences under this Act of the said act or omission, the Coin-t may make an order allowing such act or omission to be an exception from the pro- visions of this Act, which woukl 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 con- sequences under this Act of the said act oi- omissif>n. Election Expenses. 2Am (1-) On or l)efore the day of nomination at an election a Noinination of person shall be named by or on behalf of each candidate as his agent '^^'^■"''"» *g«"^- for such election (in this Act referred to as the election agent). (2.) A candidate may name himself as election agent, and there- upon shall, so far as circumstances admit, be sul)ject 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 c ipacity of election agent. (3.) On or before the day of nomination the name and address of tlie election agent of each candidate sliall be declared in writing by the candidate or some other person on liis behalf to the returning officer, and the returning olticer shall forthwith give public notice •of the name and address of every election agent so declared. (4.) (^ne election agent only shall be appointed for each candidate, Init the appointment, whether the election agent appointed be the candidate himself or not, may be revoked, and in the event of such revocation or his death, whether such event is before, during, or after the election, then 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. 25a (1-^ 111 ^^6 case of the elections specified in that behalf in Jfomination of deputy election the First Schoilule to this Act an election agent of a candidate may agent'as sub- appoint the number of deputies therein mentioned (\vhich dejmties ^^*° ' 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 iinj'thing done for the pui-poses of this Act by or to the sub-agent in his district shall be deemed to be done by or to the election agent, and any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Act, shall 230 be an ille^jjal practice and offence against this Act committed by tlie sub-agent, and tlie sub-agent shall be liable to punishment accordingly ; and the candidate sliall suffer the like incapacity as if the said act or default had been the act or default of the election agent. (3.) One clear day before the polling the election agent shall declare in writing the name and address of every sub-agent to the returning officer, and the returning officer shall forthwith give public notice of the name and address of every sub-agent so declared. (4.) The appointment of a suT)-agent shall nf)t be vacated b}- the election agent who appointed him ceasing to be election agent, but may be revoked by the election agent for the time being of the candidate, 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. 26> ( 1^ • ) ^^1 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 withhi any county of a city or town adjoining thereto, an office or place to which all claims, notices, writs, summons, and documents may be sent, and the address of such office or place shall be declared at the same time as the appointment of the said agent to the returning officer, and shall be stated in the public notice of the name of the agent. (2.) Any claim, notice, writ, summons, or document 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 everj' such agent may in respect of any matter connected with the election in which he is acting be sued in any court having jurisdiction in the county or borough in which the said office or pliice is situate. 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 behalf of the candidate. (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 231 candidate from the consequences of any corrupt or illegal practice having been committed by his agent. 28. (!•) Except as permitted by or hi pursuance of this Act, Paymct ol no payment and no advance or deposit shall be made by a candidate thJ* "gi?eiec. at an election or by any agent on behalf of the candidate or by any •'"" "K*-"'- other person at any time, whether before, during, or after such elec- tion, 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 of the candidate, whether acting in person 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 ho paid to the candidate or his election agent and not otherwise; Provided that this section shall not be deemed to apply to a tender of security to or any pajmaent by the returning officer or to any sum disbursed by any person out of his own money for any small expense legally incurred by himself, if such sum is not rejjaid to him. (2.) A person who makes any payment, advance, or deposit in contravention of this section, or pays in contravention of this section any money so provided as aforesaid, shall be guilty of an illegal practice. jL9u (!•) Every payment made by an election agent, whether period for by himself or a sub-agent, in respect of any expenses incurred on Haimsatui account of or in respect of the conduct or management of an elec- '"«'<'"« P'^y- '■ ^ menrs tor tion, shall, except where less than forty sliillings, be vouched for l)y election a bill stating the particulars and by a receipt. '^^'' (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 excep- tion as may be allowed in pursuance of this Act, an election agent who pays a claim in contravention of this enactment shall be guilty of an illegal practice. (3.) Except as by this Act permitted, the time limited by this Act for sending in claims shall bo fourteen days after the day on which the candidates returned are declared elected (4.) All expenses incurred by or on behalf of a candidate at an election, which are incurred on accoiuit 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 Jis may be allowed in pursuance of this Act, an election agent who makes a pa3'ment in contravention of this provision shall he guilty of an illegal practice. (6.) Except as by this Act permitted, the time limited by this Act for the payment of such expenses as aforesaid shall be twenty- eight days after the day on which the candidates returned aru declared elected. (6.) Where the election court reports that it has been proved to such court by a candidate that any payment made by an election a^ent in contravention of this section was made without the sanc- tion or connivance of such candidate, the election of such candidate shall not be void, nor shall ho 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 daj-s, such claim shall l)e deemed to be a disputed claim. (8.) The claimant maj-, if he thinks fit, bring an action for a disputed claim in any competent court; and any sum paid by the candidate or his agent in pursuance of the judgment or order of sucli com-t shall be deemed to be paid within the tim 3 limited by this Act, and to be an exception from the provisions of this Act, requir- ing claims to be paid by the election agent. (9.) On cause shown to the satisfaction of the High Court, such court on application by the claimant or by the candidate or his election agent may by order give leave for the payment by a can- didate or his election agent of a disputed claim, or of a claim for any such expanses as aforesaid, although sent in after the time in this section mentioned for sending in claims, or although the same was sent in to the candidate and not to the election agent. (10.) Any sum specified in the order of leave may be paid by the c:indidate or his election agent, and when paid in pursuance of .such leave shall be deemed to be paid witliin the time limited by this Act. 30o If anv 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 ai)plication of the ])laintifl" in the action, otherwise directs, be forthwith referred for taxation to tlio master, otiicial refuroy, registrar, or otlior proper 288 officer of thu court, ;iu(l tlie amount found due on such taxation shall be the amount to be recovered in such action in respect of such claim. 31a (!•) TJie candidate at an election may pay any personal ex- Personal penses incm-red by him on account of or in connection with or canaldatVan.l incidental to such election to an amount not exceeding one hundred p®*^'>' e>=pe"s<"s. pounds, but any further personal expenses so incurred by him shall be paid by his election agent. (2.) The candidate shall send to the election agent within tlie time limited by this Act for sending in claims a written statement of the amount of pei-sonal expenses paid us 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 bo paid by the election agent. (4.) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent within the time limited by this Act for the sending in of cLiims, and shall be vouched for by a bill containing the receipt of that person. 32a (1-) So far as circumstances admit, this Act shall apply to Remuneration a claim for his remuneration by an election agent and to the nav- '^'^ ':'^<^''<^" ?Keiit ment thereof in like manner as if he were any other creditor, and ofiicer's • J. T ,. J. !• 1 1 expenses. II any difiterence arises respectmg the amount of sucii chum, the claim shall be a disputed claim witliin the meaning of this Act, and be dealt with accordingly. (2.) The account of the charges claimed by the; returning officer in the case of a candidate and transmitteJ in pursuance of section four of the Parliamentary Elections (Returning Officers) Act, 1875, "8 & '9 Vict., shall be transmitted within the time specitied in the said section to the election agent of the candidate, and need not be transmitted to the candidate. 33a (1) Within thirty-five days after the day on which the candi- Return and dates returned at an election are declared elected, the election agent i-espe^cting'elec- of every candidate at that election shall transmit to the returning *'°" expe»ses. ■officer a true return (in this Act referred to as a return respecting election expenses), in the form set fortli in the Second Schedule to this Act or to the like efiect, containing, as respects that candidate, — (a.) A statement of all payments made Ijy tlij election agent, together with all the bills and receipts (which bills and recei2)ts 234 are in this Act included in the expression ''return respecting- election expenses '') ; (b.) A statement of the amount of personal expanses, if any, paid by the candidate ; {c.) A statement of the sums paid to the returning officer for his charges, or, if the amount is in dispute, of the sum claimed and the amount disputed ; (d.) A statement of all other disputed claims of which the election agent is aware ; (e.) A statement of all the unpaid claims, if an}-, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court ; (/.) A statement of all money, securities, and equivalent of money received by the election agent from the candidate or any other person for the purpose of expenses incurred or to be incuiTed on account of or in respect of the conduct br manage- ment of the election, with a statement of the name of every person from whom tlie same may have been received. (2.) The return so transmitted to the returning officer shall be accompanied by a declaration made by the election agent before a justice of the peace in the form in the Second Schedule to this Act (which declaration is in this Act referred to as a declaration respecting election expenses). (3.) Where the candidate has named himself as his election agent, a statement of all money, securities, and equivalent of money paid by the candidate shall be substituted in the 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 declara- tion by an election agent respecting election expenses need not be made, and the declaration by the candidate respecting election expenses shall ba modified as specified in the Second Schedule to this Act. (4.) At the same time that the agent transmits the said return, or within seven days afterwards, the candidate shall transmit or cause to be transmitted to the returning ofiicer a declaration made by him before a justice of tlie peace in the form, in the first part of the Second Schedule to this Act (which declaration is in this Act referred to as a declaration respecting election expenses). (5.) If in the case of an election for anj- county or borough, the- said return and declarations are not transmitted before the expira- tion of the time limited for the purpose, the candidate shall not^ 285 after the expiration of such time, sit or vote in the House of Commons as member for that county or borough imtil 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 sits or votes to any person who sues for the same. (6.) If without such authorised excxise as in this Act mentioned, a candidate or an election agent fails to comply with the require- ments 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 con\'iction thereof on indictment shall be liable to the punishment for wilful and corrupt perjury ; such oflence slmll also be deemed to be a corrujit practice within the meaning of tliis Act. (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 witliin 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 Avith the provisions of this Act as to the return and declaration respecting election expenses. (9.) Where, after the date at which the return respecting election expenses is transmitted, leave is given by the High Court for any claims to be paid, the candidate or his election agent .shall, within seven days after the payment thereof, transmit to the returning officer a return of the sums paid in pursuance of such leave, accom- panied by a copy of the order of the court giving the leave, and in default he shall be deemed to have failed to comply with the requirements of this section without such authorised excuse as in this Act mentioned. 34a (1-) W^here the return and declarations respecting election Authorised , excuse lor non- expenses of a candidate at an election for a comity or borough nave i-ompliantewitb not been transmitted as required by this Act, or being transmitted retunTaini"* contain some error or false statement, then — res'i'ipcthig'elec- (rt.) If the candidate applies to the Higli Court or an election *'<>" expenses. court and shows that the failure to transmit such return and declarations, or any of them, or any part thereof, or any eiTor or false statement therein has arisen by reason of his illness, or 286 of the absence, death, ilhiess, 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 (ft.) If the election agent of the candidate applies to the Higli Court or an election court and shows that the failure to trans- mit the return and declarations which he was required to transmit, or any part thereof, or any error or false statement tlieroiu, arose by reason of his illness or of the death or illness of any prior election ag»jnt 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 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 inadver- tence 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 application, and of the good faith of theapj^li- •cation, and otherwise as to the covu-t seems fit, make such order for allowing an authorised exciise for the failure to transmit such return and declaration, or for an error or false statement in sucli return and declaration, as to the court seems just. (2.) AVhercit appears to the court that any person bfing or hav- ing been election agent or sub-agent has refused or failed, to make such return or to supply such particuLu's as will enable the candi- date and his election agent respectively to comply with the provi- sions of this Act as to the return and declaration respecting elec- tion expenses, the court before making an order allowing the excuse as in tliis section mentioned shall order such person to attend before the court, and on liis attendance shall, unless he shows cause to the contrarj', order him to make the return and declaration, or to deliver a statement of the jiarticulars required to be contained in the return, as to the court seem just, and to make or deliver the same within such time and to such person and in such manner as the court may direct, or may order 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. (•>.) The order may make the allowanca conditional upon the making of the retm'n and declaration in a modified form or witliin an extended time, and upon the compliance with such other terms as 237 to the court seem best calculated for carryin;L( into eftect the objects of this Act; and an order allowing an authorised excuse shall relievo the applicant for the order from any liability or consequences mider 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 resiDecting 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 candi- date 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. 35a (!•) The returning officer at an election within ten days after Pubiiration of he receives from the election agent of a candidate a return respect- retm'ii'ofelec- ing election expenses shall publish a summary of the return in not 3°^s9'vrcT^ less than two newspapers circulating in the county or borough for c. 84. which the election was held, accompanied by a notice of the time and place at wliich the retiu-n 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 38 & r.'.i vict. (Returning Officers) Act, 1875. *'• ^■'• (2.) The return and declarations (including the accompanying documents) sent to the returning officer by an election agent shall be kept at the office of the returning officer, or some convenient place appointed by him, and shall at all 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 sliilling, and the returning officer shall on demand furnish copies thereof or any part thereof at the price of twopence for every seventy-two words. After the expiration of the said two years the returning officer may cause the said return and declarations (including the accompanying documents) to be destroyed, or, if the candidate or his election agent so require shall return the same to the candidate. 238 PrvihibUioii of fal practice, or of f.Tcornipt or'^ illegal employment, payment, or hiring at an election is prohibited illegal practices, f voting at such election, and if any such person votes liis vote .Vc. from p J J L voting. shall ho void. 37. Every person who, in consequence of conviction or of the report of any election court or election commissioners under this Act, or under the Corrupt Practices (Municipal Elections) Act, 1872, or under Part IV. of the Municipal Corporations Act, 1882, or under any other Act for the time being in force relating to corrupt practices at an election for any public office, has become incapable of voting at any election, whether a parliamentary election or an election to any i^ablic office, is jirohibited from voting at any such election, and his vote shall be void. 38a (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 corrupt or illegal practice, the court or commissioners, as the case may be, shall cause notice to be given to such person, and if he aj^pears in pursuance of the notice, shall give him an opportunity of being heard by himself and of calling evidence in liis 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 commis- sioners 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 api^eal 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 i he aj^iieal is brought. (3.) Whore it appears to the Lord Chancellor th it appeals under this section are interfering, or are likely to interfere, with the 239 ■ordinary business transacted before any courts of oj-er and terminer or gaol delivery, lie 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 cise one of such judges shall proceed to the county or place in which the ofiences are alleged to have been committed, and shall there hear and determine the appeals in like manner as if such judges were a court of oyer and terminer. (4.) The provisions of the ParUanieutary Elections Act, 18C8, with respect to the recejition and powers of and attendance on an election court, and to the expenses of an election court, and of receiving and accommodating an election court, shall apply as if such judge were an election court. (5.) Every person who, after the commencement of this Act, is reported by an 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 indemnity or not, be subject to the same incapacity as he would be subject to if he had at the date of such election been convicted of the offence of which he is reported to have been guilty : Provided that a report of any election commissioners inquiring into an election for a county or borough shall not avoid the election of any canchdate 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 countj' or borough during the Parliament for which he was elected . (6.) Where a person who is a justice of the peace is reported by any election court or election commissioners to have been guilty of any corrupt practice in reference to an election, whether he has obtained a certificate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to report the case to the Lord High Chancellor of Great Britain with such evidence as may have been given of such corrupt practice, and where any such jjerson 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 corrujjt practice in reference to an election, whether such person has obtained a certificate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to bring 240 the matter before the Inn of Court, High Court, or tribunid having power to t.iko cognizance of any misconduct of such person in his. profession, and such Inn of Court, High Court, or tribunal may deal mtli 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 license or certificate under the Licensing Acts (in this section referred to as a licensed person) the following provisions shall have effect : (a.) If it appears to the court by which any licensed person is con- victed of the oflence of bribery or treating that such oflence was c(.)mmitted on his licensed premises, the court shall direct such con\dction to be entered in the proper register of licenses. (b.) If it appears to an election court or election commissioners that a licensed person has knowingly suffered any bribery or treating in reference to any election to take place iipon his licensed premises, such court or commissioners (subject to the provisions of this Act as to a person having an opportunity of being heard bj' 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 license, and such licensing justices shall cause such report to be entered in the pi-oper register of licenses. (c.) Where an entry is made in the register of licenses of anj'^ such conviction of or report respecting any licensed person as above in this section mentioned, it shall be taken into consid- eration by the licensing justices in determining whether they will or will not grant to such person the renewal of his license or certificate, and may be a ground, if the justices think fit, for refusing such renewal. (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 huu 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 exiiression election shall be construed accordingly. \ 241 39. (!■) The regisbratioii officor in eveiy county and boroiii,'li List, in register shall Huuually make out a list coutainiug the names and description "/er3on3"n,Lpa- of all persons who, though otherwise qualified to vote at a parlia- "'•^".'^'1 'o"" d mentary election for such county or borougli respectively, are not rupt"or ifleglii capable of voting by reason of having after the commencement of P"'*'"''*'®'- this Act been found guilty of a corrupt or illegal practice on coii- viction or by the report of any election court or election commis- sioners whether under this Act, or under Part IV. of the Municipal 45 * 45 vic-t. Corporations Act, 1882, or uuder any other Act for the time being "• °°- in force relating to a parliamentary election or an election to any public office ; and such officer shall state in the list (in this Act referred to as the corrupt and illegal practices list), the offence of which each person has been found guilty. (2.) For the pirrpose of making out sucli list he shall examine the report of any election court or election commissioners who have respectively tried an election i^etition or inquired into an election where the election (whether a parliamentary election or an election to any public office) was held in any of the following places ; that is to say, (a.) if he is the registration officer of a county, in that county or in any borough in that county ; and (6.) if he is the registration officer of a borougli, in the county in which such borough is situate, or in any borough in that county. (3.) The registration officer shall send the list to the overseers of every parish within his county or borough, together with Jiis precept, and the overseers shall publish the list together with the list of voters, and shall also, in the case of every person in the corrupt and illegal practices list, omit his name from the list of persons entitled to vote, or, as circumstances require, add " objected " before his name in the list of claimants or copy of the register published by them, in like manner as is required by law in any other cases of disqualitication. (4.) Any person named in the corrupt and illegal practices list may claim to have his name omitted therefrom, and any 2:)erson 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 iu like manner, as nearly as circumstances admit, as other claims and objections under the enactments relating to the registration of parliamentary electors. R 242 (o.) The revising barrister shiU tlefcermine such cLiims and objections and shall revisj such list in like manner as nearly as circumstances admit as iu the case of other claims and objections, and of any list of voters. (6.) Where it appears to the revising l)arrister that a person not named in the corrupt and illej;al practices list is subject to have his name inserted iu 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 tin contra -y. insert his name insuchlist and expungo his name from any list of voters'. (7.) A revising barrister in acting under this section shall deter- mine only whether a person is incapacit ited by conviction or by tlie 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 there- with wher-ever the same is printed or published. Pi'ocecdinr/s on Election Petition. Time for 40. (!•) Where an election petiti(m questions the return or the election pet i- election upon an allegation of an illegal practice, then notwith- illegar'i'irfct'ic.' standing anything in the Parliamentary Elections Act, 18(58, suc'i •'_'*!'- ^"''^t' petition, so far as respects such illegal practice, may be presente 1 witliin tlu; time following; (that is to say) ia.) At any time before tho expiration of fourteen days after the day on which the returning officer receives the retvu'n and declarations respecting election expenses by the member to whoso election the petition relates and his election agent. (b.) If the election petition specifically alh-ges a payment of mone}', or some other act to have been male or done since the said day by the member or an agent of the member, f)r with the privity of the member or his election agent in pursuance ov in furtherance of the illegal practice alleged in the petition, the petition may be iiresented at any time within twenty-eight days after the date of such i^ayment or other act. .•:i & "2 vi.t. d'.) Any election petition presented within the time limitel by tlie i*.irliament uy Elections Act, 1868, may for the piu'pose of ipicstioning the return or the elejtiou upon an allegation of an 243 illegal practice be amended wdth 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 tliis section be presented. (3.) This section shall apply in the case of an cflenco relating to the return and declarations respecting election expenses in like manner as if it were an illegal practice, and als.o shall apply not- withstanding that the act constituting the alleged illegal practice amounted to a corrupt practice. (4.) For the purposes of this section — (a.) where the retvirn and declarations are received on different days, the day on which the last of them is received, and (b.) wdiere 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 diiierent times, the date of the all jwance of the last excuse, shall be substituted for the day on wliich the return and declara- tions are received by the returning officer. (o.) For the purposes of tliis section, time shall be reckoned in like manner as it is reckoned for the purposes of the Parliamentary Elections Act, 1868. 41- (1-) Before leave for the withdrawal of an election petition Withdrawal of is granted, there shall be produced affidavits by all the parties to uon.'"" ^ the petition and their solicitors, and by the election agents of all of the said parties who were candidates at the election, but the High Court may on cause shown dispense with the affidavit of any par- ticvdar person if it seems to the court on special grounds >to be just so to do. {2.) Each affidavit shall state that, to the best of the deponent's knowledge and belief, no agreement or terms of any kind whatso- ever has or have been made, and no undertaking lias 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 tho 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 cnteis into any undertaking, in relation to the withdrawal of an election 244 petition, and snc-li agreement, terms, or undertaking- is or are for tlio withdiawal of the election petition in consideration of any pay- ment, or in consideration that the seat shall at anytime be vacated, or in consideration of the withdrawal of any other election peti- tion, or is or are (whether lawful or unlawful) not mentioned in tiie aforesaid afhdavits. he shall he guilt}' of a misdemeanour, and shall bo 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 heard, and the court may hear the Director of public prosecutions or his assist int or other representative (appointed with the approval of the Attorney-General), in oppo- sition 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 rejjresentative, 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 by this section, the court shall have the sarno power with respect to the security as under section thirty-five of the 31 & f,2 "Vict. Parliamentary Elections Act, 1868, where the withdrawal is induced by a corrupt consideration. (7.) In everj' case of the withdrawal of an election petition the court shall report to ths Speaker whether, in the ojjinion of such court, the withdrawal of such petition was the result of any agree- ment, terms, or undertaking, or was in consideration of any payment, or in consideration tliat the seat should at any time be vacated, or in consideration of the withdrawal of anj' 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 peti- tioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors. (!).) Where a person not a solicitor is lawfuUj' acting as agent in the case of an election petition, that agent shall be deemed to be a solicitor for the i)urpose of making an affidavit in pursuance of this section. Colli inimtiiiii of 42a The trial of every election petition so far as is practicable, i'*'ution*'''^'^'°" c^'n^istently with the interests of justice in respect of such trial, shall be continued do die in dicni on every lawfid day until its 24y conclusion, and in case the rota of judges for the year shall expire l^efore the conclusion of the trial, or of all the proceedings in rela- tion or incidental to the petition, the authority of the said judges shall continue for the purpose of the said trial and proceedings. 43- (!•) On every trial of an election petition the Director of Attr^ndnncr of Public Prosecutions shall by himself or liy his assistant, or by such PuiVic.'prosecu- representative as herein-after mentioned, attend at the trial, and it ei','."ti.m pH i- "^^ shall be the duty of such Director to obey any directions "iven to *''•"• ^"'' . J J p iM-oscciit 11(11 liy him by the election court with respect to the sunnnoning and him of 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. (2.) It shall also be the duty of such Director, without any direc- tion from the election court, if it appears to him that any person is able to give material evidence as to the subject of the trial, to cause such person to attend the trial, and with the leave of the court to -examine such person as a witness. (3.) It shall also be the duty of the said Director, without any direction from the election court, if it appears to him that any person who has not received a certificate of indemnity has been guilty of a corrupt or illegal practice, to prosecute such person for the offence before the said court, or if he thinks it expedient in the interests of justice before any other competent court. (4.) Wliere 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 by the court, if the offence is a corrupt practice, to be imprisoned, with or without hard labour, for a term not exceeding six months, or to pay a fine not exceeding two hundred p(ninds, and if the offence is an illegal practice, to pay such tine as is fixed l)y this Act for the offence. Provided that, in the case of a corrupt practice, the court, before proceeding to try summarily any person, shall give such person the option of being tried by a jury. (5.) Where a person is so prosecuted for any such otfence, and either he elects to be tried by a jury or he does not appear before the court, or the court thinks it iu the interests of justice expedient 240 that lie shouKl bo trie! before some other court, the court, if of opinion tliat the evidence is sufficient to put the said jierson upon liis trial for tlie 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 luu-posos preliminary and of and incidental to such prosecution the offence shall bo 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 oilenco is an indictable offence, the coiu-t shall commit him to take his trial, or cause him to give bail to appear and take his trial for the said offence ; and (I).) if the accused person is present befoi-e the court, and the offence is not an indictable offence, the court shall order him to bo brought before the court of summaiy jurisdiction before whom he is to be prosecuted, or cause him to give bail to appear before that court ; and (o.) if the accused person is not present before the court, the court shall as circumstances require issue a summons for his attend- ance, 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 oftence is punishable on summary conviction, shall proceed to hear the case, or if such court be not the court before whom he is directed to V)e prosecuted, shall order him to be brought before that court. (7.) The Director of Public Prosecutions may nominate, with the approval of the Attorney-General, a b.aiTister or solicitor of not less than ten years' standing to be ills representative for the i>urpose of this section, and that representative shall receive such remunera- tion as the Comn\issioners of Her iMajesty's Treasury may ai:>iirove. 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 oi Her Majest^-'s Treasury may approve. (8.) The costs incurred in defraying the expenses of the Director of Public Prosecutions under this section (including the renumera- tion of Ills representative) shall, in the first instance, be paid by the Commissioners of Her Majesty's Treasury, and so far us they 247 sire not in the case of any prosecution } aid by the (Icfciulant slial! 1)6 deemed to be expenses of the election covn-t; but if foi- any reasonable cause it seems just to the court so to do, the cf>nrt shall order all or part of the said costs to be repaid to the Com- missioners of Her Majesty's Treasury by the parties to the petition, or such of them as the court may direct. 44a (^1) Where upon the trial of an election petition respectinj? I'owerio an election for a coimty or borough it appears to the election court ',„-,i,,r pnynient that a corrupt practice has not been proved to have been committed |;^„!i"",J5| ^""^ in reference to such election by or with the knowledge and consent iii>iivi •' '■ prosecutions on indictment for the offence of any corrupt practice within the for bribery, 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 17 A is Vict, bribery within the me.ining of those Acts, and such indictment or -jr, "!"s Acts to ^^'^'^^'^''y J'^"'^^^^''^*'^™^ '^^^^ shall, so far as is consistent with the proceeiliiigs tenor thereof, apply to the prosecution of an offence summarily lipf ore election , . ■ ^^^ •<■ • couits. before an election court, in like manner as if it were an offence punishable only on summary conviction, and accordingly the atten- dance of any person may be enforced, the case heard and deter- mined, and any summary conviction by such court be carried into effect and enforced, and the costs thereof paid, and the record thereof dealt with under those Acts in like manner as if the court were a petty sessional court for the county or place in which such conviction took place. (2.) The enactments relating to charges before justices against persons for indictable offences shall, so far as is consistent with the tenor thereof, apply to every case where an election court orders a person to be prosecuted on indictment in like manner as if the court were a justice of the peace. Exproise of 56a 0-) Subject to any rules of Court, any jurisdiction vested by Hi"h Cour" and ^^^^ -^^^ "^ the High Court may, so far as it relates to indictments making of rules or other criminal proceedings, be exercised by any judge of the Queen's Bench Division, and in other respects may either be exer- cised 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 ap^jeal 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 j^ractices, l)ayinents, employments, or hirings, or of an order allowing an excuse in relation to a return or declaration respecting election expenses. (2.) Rules of court may from time to time be made, revoked, and altered for the purposes of this Act, and of tlio Parliamentary Elections Act, ISCJS, and the Acts amending the same, by the same authority l)y whom rules of court for procedure and practice in the Supreme Court of Judicature can for the time baling be made. prosecutions. 42 4 43 Vict. 57. (1-) The Director of Pul)lic Prosecutions in porfoi'iuing any Director of duty under this Act shall act in accordance with the regulations udl's'^a^.y,'"'''"' Tuiderthe Prosecution of Offences Act, 1879, and subiect tliereto in e-'^pensesof accordance with the directions (if any) given to liini by the Attor- ney General; and any assistant or representative of the Director of Public Prosecutions in performing any duty under this Act shall act in accordance with the said regulations and directions, if any, and \\ith the directions given to him by the Director of Public Prose- cutions. (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 liis 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 pro- secution for felony are paid, 58a (1-) Where any costs or other sums (not being costs of a Recovery of prosecution on indictment) are, under an order of an election eountv^or*'^'^ ^^ court, or otherwise under this Act, to be paid by a county or borough or by 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 32 ^ .",3 yjct. Expenses Acts, 1869 and 1871, shall apply accordingly as if *hey ^^^^•„. ^.^.^^ were herein re-enacted and in terms made applicable to the e. 6i above-mentioned costs and sums. (2.) Where any costs or other sums are, under the order of an election court or otherwise under this Act, to be paid by any person, those costs shall be a simple contract debt due from such person to the person or persons to whom they are to be paid, and if payable to the Commissioners of Her Majesty's Treasury shall be a debt to Her Majesty, and in either case may be recovered accordingly. Supp!c))ie/ifal Frofisio/ix, Definitions, Savi/ir/x, and Jicpral. 59. (1.) A person who is called as a witness respecting an election Obligation of "^ V / i ^ ^ witness to before any election court shall not be excused trom answering any answer, and question relating to any offence at or connected with such election, 'j",'^jjni*;*ty.° on the ground that the answer thereto may criminate or tend to criminate himself or on the ground of privilege; 254 Provicled thut— (a.) a witness who answers truly all questions which ho is required by the election court to answer shall be entitled to receive a certificate of indenniity under the hand of a member of the court stating that siich witness has so answered : and (b.) an answer by a person to a question put bj^ or before any election court shall not, except in the case of any criminal pro- ceeding for i^erjury in respect of such evidenca, be in any pro- ceeding, civil or criminal, admissil)lo in evidence against him. (2.) Where a person has received such a certificate of indemnity in relation to an election, and any legal proceeding is at any time instituted against him for any offence under the Corrupt Practices Prevention Acts or this Act committed by him previously to the date of the certificate at or in relation to the said election, the court ha^^ng 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 liave been put to in the pi'oceeding. (3.) Nothing in this section shall be taken to relieve a person receiving a certificate of indemnity from any incapacity under this Act or from any proceeding to enforce such incapacity (other than a criminal prosecution). (4.) This section shall appl}' 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.) Wliere 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 onlj' of his being concerned as solicitor or agent for ai)arty to such ])etition. Submission uf 60a '^'^ election court or election commissioners, when i-eportiug efi^'ion couri ..i ^^at Certain persons have l)een guilty of any corrupt or illegal coniinissioiitrj practice, shall report whether those persons have or not been to Attorney- '■ _ , '^ . . . . ^ ■Geueral. furnished with certificates of indemnity ; and such report shall be laid before the Attorney-General (accompanied in the case of the commissioners with the e\'idence on which such report wits based) with a view to his instituting or directing a pro- .secution against such persons as have not received certificates of indemnity, if the evidence should, in his opinion, be sufficient to .siip[)ort a prosecution. 256 61, (1.) Section eleven of the Ballot Act, 187:?, shall aiii)ly to a Brc.i.li of duty returning officer or presiding officer or clerk who is guilty of any .'« ^so^ict. wilful misfeasance or wilful act or omission iu contravention of this *=• ^^• Act in like manner as if the same were in contravention of the Ballot Act, 1872. (2.) Section ninetj'-seven of the Parliamentary Registration Act, 6 Vict. c. is. 1843, shall apply to every registration officer who is guilty of any wilful niisfeasance or wilful act of commission or omission contrary to this Act in like manner as if the same were contrary to the Parliamentary Registration Act, 1843. 62. (!•) Any public notice required to be given by the rotuiuiiig Piii.iicat ion and officer under this Act shall be given in the manner in whicli he is notices.' directed by the Ballot Act, 1872, to give a public notice. ■';•'> .t .?6 Vict. ;;:j. (2.) Where any summons, notice, or document is required to be served on any person with reference to any proceeding respecting an election for a county or borough, whether for the purpose of causing him to appear before the High Court or any election court, or election commissioners, or otherwise, or for the purpose of giving him an opportunity of making a statement, or showing cause, or being heard by himself, before any court or commissioners, for any ptirpose of this Act, such summons, notice, or document nuiy 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 othor manner as the court or comtnissioners 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 corru])t practices," and the words the'- Corrupt and Illegal Practices Preven- tion Act, 1883," shall be inserted after the words" Corruj t Practices Prevention Act, 18o4." £3. (1.) In the Corrupt Practices Prevention Acts, as amended Definition of , T T X 1 • •) 1 xi can. iMate, and by this Act, the expression " candidate at an election ana the saving for per- expression " candidate " respectively mean, unless the context ^vithout'Iwl- ^ otherwise requires, any person elected to serve in Parliament at sent. 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 candi- .) If he was so nominated or declared, either without his consent or in his absence, and he takes no part in the election, he maj', if he thinks fit, make the declaration respecting election expenses container! in the second part of the Second Schedule tothia Act, and the election agent shall, so far as circumstances admit, comply with the provisons of this Act with respect to expenses incurred on account of or in respect of the conduct or manage- ment of the election in like manner as if the candidate had been nominated or declared with his consent. General 64. I" tliis Act, unless the context othermse requu-es — interpretatioij of terms. The expression " election " means the election of a member or members to serve in Parliament : The expression " election petition " means a petition jaresented 31 & 32 Viet. in pursuance of the Parliamentary Elections Act, 1868, as c. 125 ' "^ ' ' 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 15 A 10 Vict. appointed in pursuance of the Election Commissioners Act, 1 852, and the enactments amending the same : The expression " High Court " means Her Majesty's High Court of Justice in England. Tlie expressions " court of summary jurisdiction," " petty sessional 42 & 43 Vict. court, " and Summary Jurisdiction Acts " have the sama meaning as in the Summary Jurisdiction Act, 1879 : The expression " the Attorney General " includes the Solicitor General in cases where the office of the Attorney General is vacant or the Attorney General is interested or otherwise unable to act : The expression " registration officer " means the clerk of the peace in a county, and the town clerk in a borough, as respectively defined by the enactments relating to the registration of par- liamentary electors : The expression " elector " meaus any person wliose name is for the time being on the register roll or book containing the names of the persons entitled to vote at the election with reference to which the expression is used : The expression "register of electors" means the siid register roll or book : The expressic:»n " polling agent " means an agent of the candidate appointed to attend at a polling station in pursuance of the Ballot Act,1872,orof the Acts therein referred tooramendingthesame: "5 * "o Vict. The expression "person" includes an association or body of*^'"' persons, corporate or nnincorporate, and where any act is done by any such association or body, the members of such associa- tion or body who have taken part in the commission of such act shall be liable to any fine or pimishment 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 c mdidate there transacting business with his agents in relation to such election ; nor shall any room or building be deemed to be a committee room for the purposes of this Act by reason only of the candidate or any agent of the candidate addressing therein electors, committeemen, or others : The expression " public office " means any office under the Crown or under the charter of a city or municipal borough or under the Acts relating to Municipal Corporations, or to the Poor Law, or oo * "• v' t under the Elementary Education Act, 1870, or under the Public <=• "'■ Health Act, 1875, or under any Acts amending the above- "} * "' ^'°''* mentioned Acts, or under any other Acts for the time being in force (whether passed before or after the commencement of this Act) relating to local government, 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 charter or Act as above-mentioned, and includes any other municipal or parochial office; and the expressions " election," " election petition," " election court," and " register of electors," shall, where expressed to refer to an election for any such public office, be construed accordhigly: The expression " judicial office" includes the office of justice of the peace and revising barrister : S 258 The expression '"' personal exjienses " as used with respect to tlio expenditure of any cantlidate in relation to any election includes the reasonable travelling expenses of such candidate, and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to such election : The expression '•indictment " includes information: The expression " costs '' includes costs, charges, and expenses : The expression "payment" includes any jjecuniary 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 187-i : Other expressions have the same meaning as in the Corrupt Practices Prevention Acts. Short titles. 65a (!•) 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.) Tliis 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. J{f peal of Acts. GGm The Acts set forth in the Fifth Schedule to this Act are here- by repealed as from the commencement of tliis 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 tliis Act shall not re\dve any enactment which at the commencement of this Act is repealed, and shall not affect anything duly done or suffered before the commencement of this Act, or any right acquired or accrued or any incapacity incurred before the commencement of this Act, and any person subject to any incapacity under any enactment hereby repealed o)- not continued shall contiiuie sub- ject thereto, and this Act shall apply to him as if ho had become so subject in pursuance of the provisions of this Act. 259 67. This Act shall come into operation on the fifteenth clay of Comnicnceiuciit October, one thousand eight hundred and eighty-tliree, which day ° *"'■ is in this Act referred to as the commencement of this Act. Application of Act to Scotland. 68a This Act shall apply to Scotlan;l,\vith the foJiowin;'- modi- Application of ficatious: " Act toScoMand. (1.) The following expressions shall mem as follows: — The expression "misdemeanour" shall mean crime and offence: The expression "indictment" shall include criminal letters: The expression " solicitor" shall mean enrolled law agent : The expression " revising barrister" shall mean sheriff: The expression '• barrister " shall mean advocate : The expression "petty sessional court" shall mean sheriff court: The expression " quarter sessions " shall mean the Court of Justiciary : The expression " registration officer " shall mean an assessor under the enactments relating to the registration of parlia- mentary 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 niagistrate : The expression •' alderman " shall mean bailie : The expression " Summary Jurisdiction Acts " shall mean the Summiry 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 intcj polling districts shall not apply to Scotland. (3.) The provisions respecting the attendance at the trial of an election petition of a representative of the Director of Public Prose- cutions sh ill not apply to Scotland, and in place thereof the fol- lowing provisions shall have effect : («.) At the trial of every election petition in Scotland Her Majesty's advocate shall be represented by one of his deputies 260 or by the procurator-fiscal of the sheriff court of the district, who shall attend such trial as part of his official dut}', and shall give all necessary assistance to the judge with respect to the citation of witnesses and recovery of documents : (/j.) If the judge shall grant a warrant for the apprehension, com- mitment, or citation of any person suspected of being guilty of a corrupt or illegal practice, the case shall be reported to Her ]\Iajesty's advocate in order that such person may be brought to trial before the High Court of Justiciary or the sheritf, according to the nature of the case : (e.) It shall be the duty oi the advocate depute or, in his absence, the procurator-fiscal, if it apj^ears 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 mxy have been issued by the judge. (4.) The jurisLliction of the High Court of Justice under this Act shall, in Scotland, be exercise! 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 sach division, and subject to an ajDpeal 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 convic- tion may be prosecute:! 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 ])y this Act to the Director of Public Prosecutions in England sliall 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 Housjs Acts Amendment (Scotland) Act, 1862," and "The Pub- licans' Certificates (Scotland) Act, 1870," and the Acts thereby amended and therein recite;!. (9.) The expression " registf r of licences " shall mean the register kept in pursuance of section twelve of the Act of the nintli year of the reign of King George the Fourth, chapter fifty-eight. 261 (10.) The references to the Public Health Act, 1875, and to the Elementary Ediioxtiou Act, 1870, shall bo construed to refer to tlio Public Hedth (Scotland) Act, 1857. and to the Elomeutiry Educa- tion (Scotland) Act, 1872. (11.) Any reference to the Parliamentary Elections Returning,' Officers Act, 1875, shall not apply. (12.) The provision with respect to the registration officer send- in,^ the corrupt and illegal practices list to overseers and the dealing ^vith 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 disqualifie 1, 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 l)y the Lord Justice General. (14.) Any reference to the Attorney-General shall refer to the Lord Advocate. (15.) The provisions with respect to the removal of cases to the Central Criminal Court or to the trial of cases at the Royal Courts of Justice shall not apply. (16.) Section thirty-eight of the County Voters Registration 24 & 25 Vict. (Scotland) Act, 1861, shall be substituted for section ninety-seven ^'^ ^* of the Parliamentary Registration Act, 1843, Avhere reference is made to that section in this Act. (17.) The provision of tliis Act with regard to costs shall not apply to Scotland, and instesid thereof the following provision shall have effect : The costs of petitions and other proceedings under '* The Parlia- mentary Elections Act, 1868," and under this Act, shall, sub- ject to any regulations wdiich the Court of Session may make by act of sederunt, be taxed as nearly as possible according to the same principles as costs between agent and client are taxed in a cause in that court, and the auditor shall not allow any costs, charges, or expenses on a higher scale. AjjpUcafioii of Act to Ireland. fi9. This Act shall apply to Ireland, with the following modifi- Ai)pli.atioii of "■^" '-^ -^ Act to Ireland. cations : — 2G2 A 46 Vict., (1.) No person shall be tried for any oflence against this Act nnder any of the jjrovisions of " The Prevention of Crime (Ireland; Act, 1882." (2.) The expression " Snmmary Jurisdiction Acts " means, with reference to the Dublin Metroijolitan 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. (•"5.) 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 Parliament iry Registration Act, 1843, where reference is made to that section in this Act. (4.) The provision with respect to the registration officer sending the corrupt and illegal practices list to overseers and the dealing ■ndth such list by overseers shall not apply, and in lieu thereof it is hereby enacted that the registi-ation officer shall, after making out such list, himself publish the same in the manner in which he publishes the lists refeiTed to in the twenty-first and the thirty-thii'd 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 eiater " objected to " against his name in the register and lists made out by such registration officer in like manner as he is by law required to do in other cases of disqualification. (5.) The Supi-eme Coiirt of Judicature in Ireland shall be substi- tuted for the Su^ireme Court of Judicature. (6.) The High Court of Justice in Ireland shall be sul)stituted 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 pi-osecution of the Offences Act, 1879, shall not apply. (iJ.) 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 i^olling station at Barna, and at such other places within the parliamentary borough of Galway as the town ommissioners may appoint. 263 (10.) Any reference to Part IV. of the Mnnicipul 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, shall bo substituted ii & i2 Vict. for the Public Health Act, 1875. ""■ '"■• (13.) The provisions with respect to the removal of cases to the Central Criminal Court, or to the trial of cases at the Royal Courts of Justice, shall not apply to Ireland. Continuance. 70. ThisAct shall continue in force until the thirty-first day of Continuance. December one thousand eight hundred and eight}'-fom% and no longer, unless continued by Parliament ; and such of the Corrupt Practices Prevention Acts as are referred to in Part One of the Third Schedule to this Act shall continue in force until the same day, and no longer, unless continued by Parliament. 204 SCHEDULES. FIRST SCHEDULE. PART I. Persons Legally Employed tok Payment. (1.) One election agent and no more. (2.) In counties one deputy election agent (in this Act referred to as a sub-agent) to act within each polling district and no more. (3.) One polling agent in each polling station and no more. C4.) In a borough one clerk and one messenger, or if the number of electors in the borough exceeds live hundred, a number of clerks and messengers not exceeding in number one clerk and one mes- senger for eveiy complete five hundred electors in the borough, and if there is a number of electors over and above anj' complete tive hundred or complete five hundreds of electors, tlien one clerk and one messenger may be employed for such immber, although not amounting to a complete five hundred. (o.) In a county for the central committee i"oom one clerk and one messengei", or if the number of electors in the county exceeds five thousand, then a number of clei'ks and messengers not exceed- ing in number one clerk and one messenger for every complete fiv-e 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 T)e emploj'ed for such number, although not amounting to a com- plete 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 = nd 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 fi\u Imndred or complete five 265 limidreds of electors, then one clerk and one messenger may be employed for such number, although not amounting to a complete tive hundred: Provided always, that the number of clerks and messengers so allowed in any county may be employed iu any polUng district where their services may be required. (7.) Any such paid election agent, sub-agent, polling agent, clerk, and messenger may or may not be an elector but may not vote. (8.) In the case of the boroughs of East R'jtford, Shoreham, Cricklade, Much "Wenlock, and Aylesbury, the provisions of this part of this schedule shall apjjly as if such borough were a county. PART II. Legax Expenses ix Additiox to Expenses xjndep. Pap.,t I. (1.) Sums paid to the returning officer for his charges not exceed- ing the amount authorised by the Act 38 & 39 Vict. c. 84. (2.) The 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 tive hundred then of a number of committee rooms not exceeding the number of one com- mittee 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 live hundreds of electors, then of one committee room for such number, although not amounting to a complete five hundred. (7.) In a county the expenses of a central committee room, and in addition of a number of committee rooms not exceeding in number one committee room for each polling district in the county, and where the number of electors in a polling district exceeds five hundred one additional committee room may be hired for every complete five hundred electors in such polling district over and above the first five hundred. 206 PART III. Maximum for Miscellaneous Matters. Expenses in resjiect of miscellaneous masters other than those mentioned in Part I. and Part II. of this schedule not exceeding in the whole the maximum amount of two himdred pounds, so never- theless that such expenses arc 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, jmyment for whicli is expressly prohibited by this or any other Act. PART IV. Ma.ciinnm Scale. (1.) In a borough the expenses mentioned above in Pai'ts I., II., and III. 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 register — The maximum amount shall be — Does not exceed 2,000 - 350/. Exceeds 2,000 - - 380/., and an additional 30/. for every complete 1,000 electors above 2,000. Provided that in Ireland if the number of electors on the register — The maximum amount shall be — Does not exceed oOO - 200/. Exceeds 500, l)ut does not exceed 1,000 - - 250/. Exceeds 1,000, 1)ut does not exceed 1 ,500 - 275/. (2.) In a county the expenses mentioned above in Parts I., II., and III. 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 : — 267 If tlie imiuber of electors oil the register— The maximum amount sliill l)e - Does not exceed 2,000 - 650/. in Eughind ami Scothind, and rjQOl. in Irohmd. Exceeds 2,000 - - 710/. in England and Scotland, and 540?, in Ireland ; and an additioiud 60/. in England and Scotland, and 40/. in Ireland, for every complete 1,000 electors above 2,000. PART V. General, (1.) In the case of the boroughs of East Retford, Shoreham, Cricklade, Much AVenlock, and Aylesbury, the provisions of Parts II., III., and IV. of this schedule shall apply as if such borough Avere 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 amomit of expenses mentioned in Parts III. and IV. of this schedule shall, for each of such joint candidates, be reduced by one-fourth, or if there are more than two joint candidates by one- third. (4.) Where the same election agent is appointed by or on behalf of two or more candidates at an election, or where two or more candi- dates, 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 lie joint candidates at such election. Provided that — (a.) The employment and use of the same committee room, sub- agent, clerk, messenger, or polling agent, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates. 208 (f>.) Nothing in this enactment shall prevent c.iudidates from ceasing to be joint c.inilidates. (c.) Wliere any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after h iving begun to conduct his election as a separate cindidate, and such ceasing or beginning was in good faith, and such excess is not more than under the circumstances is reasonable, and the total expenses of such candidate do not exceed the maximum amount allowed for a separate candidate, such excess shall be deemed to have arisen from a reasonable cause within the meiuing 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. SECOND SCHEDULE. PART I. Form of Declarations as to Expenses. Form for Candidate. I , having been a candidate at the election for the county [or borough^ of on the day of , do hereby solemnly and sincerely declare that I have examined the return of election expenses [about to be] transmitted by my election agent [or if the candidate is Jiis oicn election at/ent '' 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 dechu-e that, except as appears from that return, I have not, and to the best of my know- ledge and belief no person, nor any club, society, or association, has, on iny behalf made, an^' 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 numagcment of the said election ; And I further solemnly and sincerely declare that I have paid to my election agent [if the candidate is also his own election afjent, 239 Jeare out " to my election agent "j the sum of pounds and no more for the purpose of the said election, and that except as specified in the said return, no money, security, or equivalent for money has to my knowledge or belief been paid, advanced, given, or deposited by anyone to or in the hands of my election agent [or if the candidate is //is otm election ai/ent, "myself] or liny other person for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or manage- ment of the said election ; And I further solemnly and sincerely declare that T will not, except so far as I may be permitted by law, at any future timo make or be party to the making oi- giving of, any payment, reward office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or bo party to the providing of any money, security, or equivalent for 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. Justices of the Peace for Form for Election Agent. I, , being election agent to , candidate at the election for the county \_or borough] of , on the day of , do hereby solemnly and sincerely declare that I have examined the return of election expenses aboi;t to be transmitted by me to the returning oflicer at the said election, and now shown to me and marked , and to the best of my knowledge and belief that return is correct ; And I hereby further solemnly and sincerely declare that, except as appears from that return, I have not and to the best of nu'- knowledge and belief no other person, nor any club, society, or association has on behalf of the said candidate made any payment, or given, promised or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election ; And I further solemnly and sincerely declare tliati have received from the said candidate pounds and no more \or nothing} for the i^urpose of the said election, and that, except as specified 270 in the said retiiru sent by me, no money, security, or equivalent for money has heen i)aid, advanced, given, or deposited by any one to me or in my hands, or, to the best of my knowledge and belief, to or in the hands of any other j)erson 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. Sif/nature of declarant. A.B. Signed and declared l)y the above-named declarant on the day of before me. (Signed) E.F. Justice for the peace for FOK.M OF ReTURX of ELECTION EXPENSES. I, A.B., being election agent to CD., candidate at the election for the county \_or l)orough] of on the (lay of , make the following return respecting election expenses of the said candidate at the said election [or where the candidate lias 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 '*1. Heceipt-t. Received of [///^' dhure-^iamed candidate^ \_or irlwrc the candidate is his njrn elect ion a(/ent, " Paid by ^ £ me "] - - - - - Received of ./.A". _ _ _ _ _ \^IIei-e set out the name and description of even/ j)erson, club, society, or assneiation, ichether the candidate or not, from whotn any vinney, securities, or equivalent of money iras received in respect of e.vpoises incur rred on account of or in co7ine.vion icith or incidetdal to the above election, and the amount received from each person, club, society, or association separately.^ 271 Expenditure. Paid to EJE., the returning oflBcer for tlio said county \ [oy borough] for his charges at the said election - \ £ Personal expenses of the said CD., paid by himself [or if the candidate is his oicn elecfioti a<) and :!1 J'ict., c. 102,. s. J,i>. Con-upt pay- 49. Any person, eitlior directly or indirectly, coiTui)tly paying any bi*'pm?fshii'Me '^ rate on Lehiilf of any ratepayer for the purpose of enabling him to as bribery. be registered as a voter, thereby to influence his vote at any future election, and any candidate or other person, either dii-ectly 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 accordinglv ; and anj^ person on whose behalf and with whose iiri\'ity any such payment as in this section is mentioned is made shall also be guilty of briber)', and punishable accordingly. TJie Eepresentation of ^he People (Scotlatid) Act, ISGS, 31 (§• S2 Vict., c. .JcS', $. .'/f>. Corrupt pay- 49, Any person, either directly or indirectly, corruptly paying any >ir"iiii:shabfe'" ^'^^^ °^^ behalf of any ratepayer for the purpose of enabling liim to as brliwry. \)q 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 hinr to vote or refrain from voting, shall be guilty of bribery, and be punishable accordiiagly ; 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 The U^iiveisitie^ ICU'ctimis Amendment ( Scotland) Act, ISSl, J,', ^- .',.- Vict., c. 40, ^. 2. Corrupt pay- 17. Any person, either directly or indirectly, corniptly paying tioi" f «-e to°be '^'^" '^"y ^^^ ^"^' *^'® pui'pose of enabling any person to be registered as a piiiiisbftble as member of the general council, and thereby to influence his vote bribery. o t j at any future election, and any candidate or other person, either directly or indirectly, paying such fee on behalf of any person for the purpose of inducing him to vote or to refrain from voting, shall he guilty of bribery, and shall be piniishable accordingly ; and any person on whose behalf and with wliose privity any such payment as in this section mentioned is made, shall also be guilty of bribery and punisliable accordingly. 277 The lialhit Act, IS7J, ;Jo ^- ,;6' Vlct.,c. J.J, s. J.J. A person shall for all pui-poses of tlio laws relating to pavlia- Persmiadoii nientary and mnnicipal elections be deemed to bo guilty of t]\o '''^''""-■^• otfenco of personation who, at an election for a county .- iV 1 (!oo. j An Act for the better re^nil;iti()n of polls, and fov uiakiny furtlior jn-o- vision touching tlie eloe-- tion of monibersto sevve in Parliament for Ireland An Act to regul-.ite the expenses of election of members to serve in Parliament for Ireland. An Act to consolidate and amend the several Acts now in force so far as the same relate to the election and retnrn of members to serve in Par- liament for the counties of cities and comiiies of towns in Ireland. The Corrupt Pi-actices Prevention Act, 1854. E.xfentof TJerciil. Section tliirty-six. The whole Act ex- cept section three Section eighty-two. Section one. Section two, from '' and any person so oftending " to " with full costs of suit." Section three, from " and any person so oftending" to the end of the section. Section four. Section five. Section six. Section seven, from "and all pay- ments '' to the end of the section. Section iiine,sectiou fourteen, section twenty-t hree,sec- tion thirty-six. section thirty- eight, from " and the words per- sonal expenses " to the end of the section, and sec- tion thirty-nine and Schedule A. 27!) FIFTH SCBEBULE— cunt unwrf. Session and Chapter. 21&22Yict.c.87.. 26&27Vict. C-.20. 30«fc31Vict.c.l02. TitleorSliin-t Title. 31 & 32 Vict. c. 48. - 31i&32Vict.c.49.- 31 & 32 Vict. c. 58. - 31 & 32 Vict. c. 12.3.- An Act to continue and amend tlio Corrupt Prac- tices Preventi"nAct,18i">4 An Act to amend and con- tinue the law relatnis; to corrupt jiractices at elections of Members of Parliament. The Representation of the People Act, 1807. The Representation of the People (Scotland) Act. 1868. The Representation of the People ( Ireland) Act.l 86eS The Parliamentary Elec- tors Registration Act, 1868. The Parliamentary Elec- tions Act, 1868. Kxteiit, of Kc|ii-iil. The whole Act. The whole Act, ex- cept section si.\. Section thirty-four, from " and in other boroughs the justices " to " greater part thereof is situ- ate" and section thirty-six. Section twenty-live. Section twelve. Section eighteen, " fiom the power " of dividing tlieir county " to the end of the section. So much of section three as relates t( > the definitions of " caufiidate." Section sixteen. Section thirty-three. Section thirty-six. Section forty-one, from "but accord- ing to the same principles " to "the High Court of Chancery." Section forty-three. Section forty-tive. Section forty-six. Section forty-seven. Section tiftj'-eight. from "The princi- ples" down tt) "in the court of ses- sion," being sub- section sixteen. 280 FIFTH fiCHEDVLE- roufumed. Session and Cliapter. Title or Short. Title. 3.3 & m Vict. c. 1)3. - The Ballot Act, 1872 -l-_> & 43 Vict. c. 75. 40 Vict. c. 1 8. Tlie Parliamentaiy Elec- tions and Corrupt Prac- tices Act, 1879. The Parliamentary Elec- tions and Corrupt Prac- tices Act, 1880. Extent of Repeal. Section five, from the beginninj^ down to "onu hundred regis- tered electors." Section twenty- four, from " The offence of " i)er- sonation, or of aiding," to "hard labour," and from " The offence of personation shall be deemed to be ' to the end of the section. Section three and schedule. The whole Act, ex- cept sections one and tlii-ee. 47 & 48 Vic, Chap. 34. ad. i.sst. An Act to extend the Ifoiirs of Foiling at Parliamentary and Municipal Elections in certain Boroughs. [•28tli July, 1884.] 1. (1.) At every parliamentary or municipal election to which irom-s of polling this Act applies the poll (if any) shall commence at eight „itii iiio"e than o'clock in the forenoon and be kept open until eight o'clock tiirfet^ionsanil in the afternoon of the same day and no longer. ■(2.) A parliamentary election to which this Act applies shall he an :u and :;2 Vict,., election of a member or members to serve in Parliament for any parliamentary borough within the meaning of this Act which has, for the time being, as appears from the number of names entered in the register of electors for the time being in operation in such borough, a number of registered electors eaveedinff three tJiousciMd. (3.) A municipal election to which this Act applies shall be an election of a councillor, commissioner of police, auditor, or revising assessor in any municipal borough within the mean- ing of this Act or in any ward thereof, where the whole or part of the area of such borough is co-extensive with, or included in the area of a parliamentary borough with such number of registered electors as above in this section mentioned. 2. In this Act — Ddiuitious. The expression " parliamentary borough " means any city, borough, place, or combination of places (not being a county at large or division of a county at large, or university or universities) wliich returns a member or members to serve in Parliament ; and 282 4.-. *4fi Vui., The expi-essioii ''municipal bnrotigh " means, as regards *• ^- England, a borough subject to the Municipal Corporations Act, 1882, and as regards Scotland, means a l^urgh or town which has a town council or police commissioners, and as re- gards Ireland means a l)orough subject to the Act of th« session of the third and fourth j-ears of the reign of Hei- present Majesty, chapter one hundred and eight, intituled "An Act for the regulation of municipal Corporations in Ireland " and the Acts amending the same : The word "councillor'' shall, in Ireland, be taken to include alderman. Short title. 3. This Act may be cited as the Elections (Hours of Poll) Act, 1884. 283 SUMMARY OF ELECTIOIN OFFENCES. OFFENCES. PENALTIES. Cornq)t Practica Bkibery. — No gift, loan, or promise of money, or money's wortli, must be made to a voter to induce ]iim either to vote or abstain from voting. The offer or promise of a situation or employment to a voter or anyone •connected with him, if made with the same object, is also bribery. The consequences are the same whether bribery is committed before, during, or after an election. Giving or paying money for the puri^ose of bribery is equivalent to the offence itself. A gift or promise to a third person to procure a vote is bribery. Pay- ments for loss of time, wages, or travelling expenses are equal to bribei-y. Anyone icho receives a bribe, or bar- gains for employment or reward in consideiation of his vote is yuilty of briben/. TkeatinCt. — No meat, drink, entertain- ment or provision can be paid for or provided for any person, at any time, in order to induce him, or any otlier person, to vote or abstain from voting. Treating the wives or relations of voters is equally forbidden. The gift of tickets to be exchanged for refreshment is treating. The receiver of any meat, drink, ^'-c, is equally guilty, and liable to the same consequences. To the briber orthe person bribed, twelve months' imprisonment, with or without hard labour, or a fine of £-200, Dejirivation of the right of voting for seven years. Removal from, and disqualification for, any public office. Payment of costs of an election enquiry in certain cases. If committed by the Candidate he also loses his seat, if elected, and is disqualified for ever from representing the Constituency. If committed by any Agent, the election is void, and the Candidate is disqualified for seven years. The same as for Bribery. 284 OFFENCES. PENALTIES. Cor nip t Practices — co)i t in ucd. UxDUE Influence. — No force, re- straint, or fraud may be used to compel an elector to vote or abstnin. Using or threatening any s]Hritual or temporary injury is undue in- fluence. The withdrawal of custom, or a threat to do so, comes under tliis proliihition. A threat to evict a tenant will also be undue influence. The same as for Bribery. Personation. — Appli/inff for a ballot \ paper in the name of another person whether living or dead. Voting twice at the same election. Aiding or abetting the commission of the oflence of personation. Forging or counterfeiting a ballot paper. To the oftender, two years' im- prisonment, with hard laboiu-. Seven years' incapacity to vote, or hold any public office. If committed by any Agent, the Candidate loses his seat I/lci/al Practices, Conveyance. — Paying or receiving money for conveyance of voters to or from the poll. (Private conveyances lent gratui- tously can alone be employed; hackney carriages are prohibited except when hired by voters for their OH'u exclusive use). Advertising. — Paying money to an elector for exhiliiting bills, itc. The receiver is also guilt}'. Committee Room.s.— Hiring unauthor- ised Committee Rooms. (The Election Agent alo/ie miy hire Com- mittee Rooms, and the number is strictly limited.) Voting when ])rohibitad, or inducing a prohibited elector to vote. (Electors employed for payment cannot vote.) Fai-se Statement.— Publishing a false statement of the withdrawal of any Candidatts. A fine of £100. Incapacity to vote for Ave years. If committed by an Agent, the election may be rendered void. 285 OFFENCES. PENALTIES. Illegal Vanment , Employment and Ilin'mj. PiTBLisniNG Bills, placards or jjosters \ without the printer's name and address. (The Election Agent alone mnst issue any printed matter at the election). Payments fob Bands of Music, torches, flags, banners, ribbons, &c. Lending or using, for the conveyance of voters, Animals or Vehicles usually kejit for hire. \ A fine of £100. Employment of any person beyond the numbers allowed. (No person can be employed for payment at an election except by the Election Agent,who is strictly limited as to the numbers) he may engage.) Using a Committee Room in any licensed house, refreshment house, or public elementary school. MISCELLANEOUS. Note —Any of the above offences, if committed by a Candidate, Election Agent (or Sub-Agent, in Counties), will render the election void. The term " agent," as used above, wr/y, under certain circumstances, in- clude members of an Election Committee or voluntary canvassers. No expense must be incurred by anybody without the Election Agent's written authority, as tlie maximum expense allowed hy law for each Candidate cannot be exceeded without rendering the election void. The person incurring any unauthorised expense will be personally liable for its repayment, as well as for the consequences of having broken the law. 286 LIST OF FOmiS. Form. lHo. 1. ArroixT.MKNT oi- Eijoction Agent 2. Appointment op Suh-auknts 3. Election Agents' Preliminary Notice 4. Li.st of Volunteer Clerks or Messengeus 5. List or Paid Clerks or Messengers 0. Printer's Estimate 7. Notice pok Private Posting Stations 8. Schedule op Advertisement Charges 1». AtiliEEMENT POR HlRE OP CoMMITTEE RooM... 10. Agreement for Committee Rooms in Clurs 11. Notice to Licen.sed Victuallers 12. Election Expenses Book 13. Form op Order Book 14. AuTiioupi'v POR Petty Dlsbursements 14a. A\'ARn 01! District Book 1.5. List or Oltvoteks 1(3. List OP Non-Resident Voters 16a & 16b. — Canvass Books and Instiiuctions to Canvassers 17 Canvassers' Return Sheets 18 List op Removals 19 Ward or District Return Sheets l!0 Central Co.m.mittee's Canvass Ledger '21 Canvass Cards 22 Special Canvass Cards 23 Circulars por Ward Co.m.mittees 24 Special do. ilo. 25 Circular to Electors 2(j l-'oR.M oi Rp.PLv to do Ciirrespoiuling Conservative Ceiitiiil Office rurnis. Page. County. Boro'. A. 1 10 K. 11 15. 2 18 20 23 25 26 30 0. 13 31 32 Z. 21 35 E. 5 37 C. 3 3S S. 17 4.") 47 V. 49 u. 50-4 55 56 X. 19 5S R. 1(> 59 Q- !.■> 59 (iO GO 61 62 J. 10 63 J. 10 287 LIST OF FOJUlS-con/iHuc'h :27 Circular as to Canvass of Outvotkus 28 Private Ixsthuctions to Sun-ACiEXTs 20 List of Committee Rooms 30 Instructions to Ward oi; Disikict Com- mittees 31 Instrik;tions to Clerks in CiiARdi; 32 Instructions to Canvasseiis 33 Circular and Instructions to Voters 34 Voters' Polling Card 35 Canvassers' Instructions for Pollino Day... 3(i Wall Number Sheets 37&3S. — Polls Returns Book CorrHspondiiif; (.'i)ii8iTvat.iv« Central Offi.-n Vonna. Paf^c. County. Boi'o". (-.4 W. ('.:> L. 73 n (Slip Book) (Inside) TO Central Com.mittee of do. 3'.) Do. 40 Do. 41 Do. 42 Do. 43 Notice of Appointment of Polling Agents 44 Appointment of Polling Agents.., 45 Instructions to Polling A(;exts 4() Appointment op Country Agents & Notk i; 47 Declaration of Secrecy 48 Instructions to Ward or District Commit- tees on Polling Day 49 Inspector op Refreshments' Instructions ... 50 Unpolled Voters Cards J51 List of Voluntary Convey'ances 52 Carriage Poster 53 Nomination Pai'er -54 Notice to Creditors to send in Bills and Claims 7S S2 84 91 92 93 95-0 97-8 100 101 102 103 104 105 106 111 112 113 110 117 12+ 125 131 140 ]\1. 151!. l!l]. AA. DD. N. FF. c;g. EE. AA. KK. T. 12 23 28 2« 30 IS LL. 31 289 INDEX. PAGE. Addkesses of candidate for distribution ^t Addressed envelopes ,., Post wiapijers !!"...!!! 61 Admiralty Court, judge of, cannot be a candidate 1 Advertising— Persons who can contract for j- To be carefully considered and charges arranged for !.............' 21! Form for settling cost of ' 2tj Agreements for hii-e of committee rooms, &c., to be in writing yo Ballot Paper— AVluit are objections to ]j2 Objection to be decided by returning officer .'.'. 141 ,, when to be made ....140—142 How to be kept I43 Bankrupt cannot be acandidate 2 Bill Posting, when payment can be made for -ji Boroughs excepted from Corrupt Practices Act, 1S8S, as to expenses 14 ■Candidate — Objections to own „ opposite Status of Qualification of Disqualifications of ,, as to a particular place Must appoint an elecLion agent before nomination May appoint himself as election agent Must give office address for notices, &c To notify to returning officer appointment of agent His own election agent to appoint clerks, messengers, polling agents, &c 4 To make returns of hisi'eceipts and expenditure 4 Canvassing to be attended by special agent 4 Personal expenses of 5—148 To send written statement of personal expenses to election agent Personal expenses, what are 5 Subscriptions may be received by 5 Definition of personal expenses of ft May withdraw or be withdrawn tj Dying between nomination and poll (j Dying immediately before or whilst election proceeding 6 Maximum amount a lowed where more than one 14 Disqualified by acts at municipal election 3 Disqualified by acts at a previous election 3 Disqualified by corrupt practices of agent at a previous election 3 Disqualified by consenting to illegal practices at a previous election... 4 Disqualified by illegal practices of agent at a previous eiecciou 4 Objection to description of, when to be made I34 Election of, without a poll 135 Dying before poll commen' es L35— 13ij Dead when nominated, or dying during election 13B Elected without a poll ]33 How return to be made of elected 144 Address of lo3 290 PAGE. Candidate (continued)— When his own agent to make return of expenses and statutory declara- tion 150 Penalties incurred by, for breach of Act 150 Cantjidatks, Joint H Caxva^s— Object of 42 What books, forms, &c., agent to provide 42 — 43 Book, ward or district form of 45 ,, ,, use of 49 Out-voters in counties, how to 46 — 17 Out-voters' list in boroiighi, for 48 Non-re*ident voters' list for boroughs and counties 48 Object of non-resident voters' list 48 List of committee rooms, &c.,to be posted in all committee rooms 49 Form for non-resident voters 49 Book, form of blank > .■>! How prepared •'i2 Book, as prep'red 53 ,, how used by canvasser 54 Books, list of, to be kept ■''4 Keturn sheets of 55 Sheets, use of return 55 Eeturn of. form of 55 Daily returns of. to be made 57 Form o*' daily return sheets 58 Ledger, use of 58 Candidate's addresses to be distributed, during 61—62 Form of circular to be sent with candidate's addresses 62 Reply circular maybe used during 63 Form of reply circular used during 63 Circulars to out-voters, or voters removed, to be sent durmg 64 Form of circular to be sent to agent to canvass out-voters or voters removed 61 Agent to receive daily return of 8<> To be taken in account before poll 86 Necessary to have a second 88 Caxvass Cards— Use of 59 Form of f9 Special Form of 60 Circulars 60—61 Caxvasskrs— Instructions to 84 — 85 „ on polling day 93 — 94 Canvassers' Return Sheets— Use of 55 Form of 55 Canvasser's Canvass Book— Uses of 49 Form of 51 How prepared 53 List of, to lie made 64 Return sheets, form and use of 55 Care to be taken in distribution of 77 Number of voters limited in each 77 Car)!Iage Rupkrintendent — Duties in borovighs of ]V5 „ in couiitiesof 12tJ Ce.vtiial Com.mittkk— Canvass Ledger 58 ,, how kept 58 ,, use of 58 ,. form of 69 Should be most central and convenient 71 Foils return book, form of 103 Keviewof Staff of.... 128—129 291 PAIiE. CiRCULAHS— Form of fio Special canvassing t;i)_01— (i2 Eegister number to bo iilled in before sending H3 Stamped envelopeto be sent, with 63 Form of to be sent to agents in otiier towns 84 Clebks— Number employed limited 18 If paid, cannot vote 18 Unp.iid 18 List and addresses of unpaid to be kept 18 Declaration by unpaid to be siyned 18 Form (if declaration by unpaid 18 Number allowed, if paid 19 „ (in boroughs) 19—21 ,, (in counties) 19—21 May work in any part of a borough 19 ,, ,, a county 19—20 List to be made of paid 20 Declaration to be signed by paid 20 Form of ueclaration by paid 20 Election agent's 2J Law stationer's 20 To election agent may vote 21 To law stationer may vole 21 Shp and wallsheet 100 Commissioner of Police, cannot be a candidate 2 Committee Eooms— Hire of 27 To be near polling stations 27 List to be made of 27 — T" Permanent political clubs may be used as 27 definition of 28—29 Rooms maybe lent for 26—29—27 No limit to rooms lent for 27 Number allowed for payment 27 ,, ,, (in a borough) 27 ,, ,, (in a county) 27 Where rooms cannot be used as 27—28 Definition of premises used as 28 ,, of committee room 2s» Should be in the same building where more rooms used than one 29 Must be hired by election agent personally in boroughs 29 Must be hii ed by election agent personally or by sub-agents person- ally in counties 29 Agreements for hire of to be in writing 30 Agreements to inciude all charges 30 Form of agreement for hire of SO To be under exclusive control of election agent, if in permanent political club 30 Form of agreement for hire of in clubs SI Ward or district 73 List of, to be made 72 Form of list of 73 No refreshments to be allowed in 7.'> Additional on day of poll 7J Committees (Election)— How composed '3 All membi-rs of political clubs or associations not to form 71 How formed 7-j Should be a special body 7-|> List of, to be kept by agent 7^ Committees (Ward or District)— How formed 75 Duty of chairman at first meeting 76 Qualification of chairman 76 „ clerk in charge 76 Appointment of clerk in boroughs to 77 ,, „ counties to 77 292 PAGE. CoMMiTTKKS (Ward or District) rontinued— Election agent to attend meetings of 77 Instriictious on canvassing 78 — 82 to clerks 82—84 „ on polling day 113 CoXTRACT— Who can contract for advertising 25 Form of 23 Contractor for Public Skrvice— Wliatis 2 Cannot be a candidate 2 CoNVEVANCR OF VOTERS TO POLL— Illegal to pay for conveyance of voters to poll, except where arm of sea to be crossed 122 Voters may pay for own conveyance 122 Carriages may be lent to candidate gratuitously on election day 123 Carriages lent to candidate not liable to duty or a licence 123 Illegal to hire or lend carriages or horses kept for hire 124 Carriages jobbed bond fide may be lent gratuito\isly 124 List of persons willing to lend private carriages to be made 12t Cabs for use of messengers may be hired by candidate IS-^ Kotice to be attached to messengers' cab 125 Cot-xTiNG Agents— Candidate to appoint .' 110 Names and addresses to be sent to returning officer IIO Forrri of appointment of Ill Declaration of secrecy to be made by Ill Death of, before counting 112 Form of notice to, and declaration of secrecy of 112 Counting Votes- How done 138 Persons to be present on 139 Persons not to be employed in 139 Secrecy to be maintained in 139 Adjournment of 139 What to be done on completion of 143 County Court Judge, cannot be a candidate 1 Deacon, cannot be a candidate 2 Dead Voters, how returned by canvassers 50 Definition of " premises " 28 ,, " pernument political club " 28—29 ,, " personal expenses" '^ ,, "committee room" 29 Detective Committee— Use of 127 How composed 127 Qualilications and duties of iJcrsons forming 127 DlStjUALIFICATION OF CANDIDATE 1 „ ,, as to a partifular iilace 2 District or Ward— Return sheets, iiso of 57 Form of 58 Election— Preparation for 8^' What required for 89—90 Duty of out-door superintendent and election agent at 136 Duty of Central Committee at 137 Duty of returning otiicer before counting votes 138- Agent, dot J- of, on close of poll 1>j7 293 PACK. Election Agent 7 First duty of \ 1 Eaeli candidate must appoint only one 7 Candidate may appoint himself 7 Name and address to be sent to returning officer 7 Office address to be sent to returning officer 7 Candidate maj' revoke appointment of K If paid cannot vote 8—21 Who may or may not be an H Penalty for employing a disqualified & Duty of an 8— !♦ Place of business of » May appoint a sub-agent for each polling district in county or division 9- Sub-agents' acts deemed to be acts of 10 Name and address of sub-agents to be sent to returning officer by lo To take every means to prevent corrupt practices 1 1 Notices to be published in newspapers by 1 1 Notices to be posted in enmniittee roomsby I'J Expenditure to be under absolute control of ^^2' Fees 16—17 Fee to be returned with other expenses 17 Fee to be reduced if maximum sum excaeded 17 Fee to include services of own clerks 2o Duty of, at close of poll i:i7 Remuneration of 14* ExvELOPES (Addressed) 61 Expenses (Election) — Apportionment of 13—42" Gratuitious aid to be sought to keep down l;> Apportionment to be made prior to election I" What amount can be legally spent as 1"> Record of e^imated, to be kept 13 — 14 What are covered by maximum sum 14 Of joint candidates 14 Maximum sum allowed for 13 — 14 ,, to be apportioned 16 Miscellaneous payments for 34 Refreshments for iona/trfe clerks, &c., may be paid for as 34 Book to be kejjt for 34 „ ., form of 35 Book to be entered up daily 36 Book to be for central committse room, and each polling district in counties 36- Margin allowed for unforeseen •''6 Cash Book 36 Orders on account of, to be in writing 3«5 Form of book for orders 37 Book to be checked by order book 37 Election agent may authorize payment of petty 37 Authority must be in writing 37 Form of authority 3S Weekly account of wages to be sent to election agent 38 Duty of visiting clerk to committee rooms 38 Actual cost of borough elections (York and Ipswich) 38 — 33 What are election 30 Definition of " person" includes clubs, &e 4f>' Cost of requisition to person to become candidate not 4ii Election expen?es where no candidate selected 40 — 41 Gratuitous aid not regarded as 41 Registration books &e., may be Ipnt gratuitously 41 Registration books, &c., may be hired by candidate and included in ... 41 Candidate's subscriptions to a club or other association, if given with- out corrapt intent, not 42 Meetings to hear member or intended candidate, not 42 Boroughs excepted from Corrupt Practices Act, 1883, as to 14 To be paid only through agent '"'-^ Accounts of, to be sent in to election agent ^•'5 None to be made except through agf-nt !•'•'' Contributions towards, to be paid either to candidate or agent 145 Form of notice to public to send in accounts to agent ' "j Disputed claims, how dealt with '■''^ Time limittd for sending in claims of 1'*^ 294 PAGE, EXPKN'SFS (Election') continued- Time limited for payment of 147 Who authorized r.o pay petty 148 When receipt, necessary for 148 Return to be made of 14S> What must, be returned as 14S> K'-iurn to b" accompanied by statutory declaration 15ii Form of return f 150 Payment of, after return made 151 Keturn of, not made as required, application to High Court necessary 151 fELON— Cannot be a candidate 2 Forms (List of) 2S6— 287 High Court of Justick (Applications to) 151—152 Illegal Practice— Innocent art not an offence 151 Application to High Court for excuse, to be supported by aflidavits or other evidence 152 Instructions— To canvassers in canvass boolc 50—54 ,, Sub-agents 65 ,, Ward or disfrtct committees 78 ,, Clerks in cliarge 82 „ Canvassers on canvass 84 „ Voters 91 ,, Canvassers for polling day 93 ,, Polling at;ent3 10t> ,, Ward or district committees for poUingday 113 ,, Inspector ol refresliments .' 116 Joint Candidates— Who ure to be deemed 15 May become ur cease to be 15 Maximum sum allowed for 14 Judge cannot be a candidate 1 Licensed Premises, meetings nn 4 — 31 Maximum Sum allowed for election expenses 13- 14 Meetings, &c.— Cost of, to hear member or intended candidate not election expenses... 42 Messkvgers — Number employed as, limited 18 If paid, cannot vote 18 Upaid, can vote 18 List and addresses to be k^pt of unpaid 18 Declaration to be signed by unpaid 18 Form of leclaration '. 18 Number of, allowed, if paid 19 ,, ,, (in boroughs) 19 „ ,, (in counties) 19 May work in any part of a borough 19—21 „ „ county lSt-20 List to be made of paid " 20 Declaration to be signed by paid 20 Minister of Church of Scotland cannot be a candidate 2 Misdemeanant convicted of fraud cannot be a candidate 3 295 PAGE. Domination — Objections to opposite candidate, not to be made until after 1 Paper, how subscribed ISO „ how tilled up i;jl ,, how assented to i;(l Form of assent to 131 Paper, who to sign ];;3 ,, how delivered .. Kia ,, how candidate described in y.^-j ,, objection to, when to be made 132— 1')3 ,, to be published l.■^^ ,, what names to be inserted in 133 Objection to, when tobe made 131 AVhoto make objection to 131—135 NOX-BESIDEXT VOTEES LiST 48 KoTicE IN Newspapers— Agentsand sub-agents to publish onappointment 11 Form of 11 Objection to opposite candidate not to be made until after nomination 1 AVho to make, to nomination 134 Keturniug officer to decide validity of 13-t Offences (List of) 283 Office under Crown, if created since 1705, person holding cannot be a candidate 2 Offices— what, disqualify persons holding, from being candidates 2 Out-poor Superintendent — Qaalhications and duties of 126—127 Out-Toters— How dealt with 46 How tobe canvassed '*" Oommittee to attend to 46 — 47 List of 47 FormofUst 47 Payment— Toa voter for services disqualifies him from voting 13 Pension, what disqualifies person holding, from being a candidate 2 Personation Ac;ents— T^a-li candidate may appoint one or more 104 Appointed by candidate must not be paid 104 Form of appointment of ^05 Pkek cannot be a candidate unless of Ireland 1 Placards— Kame and address ofprinter to appear on 1- Penalty for omissio f^ To be examined by agent before posting 1| Ai-rangement with opposite side for number of ^^ Xumber required ""J Price list ZZ May be posted on walls, barns, &c., gratuitously ^^ List to be mad-^ of places where posted ^? Xotice to be placed on all posting stations -? Form of notice Tl Arrangements for posting Police Magistrate cannot be a candidate ^ ' ' Political Club "— Definition of permanent 28—29 296 PAGE. Polls— Keturn books, forms and uses of 97— S*8 „ outside 98 ,, inside 101 Where two candidates, how state of poll arrived at 99 Where more than two candidates 9.-) Return and slipclerks 121 Polling Agents— Fee to 21 Duties of 21 Gratuitous aid to be obtained to act as 21 Election agent to arrange list of 21 Kumber limited of 21 If paid cannot vote 21— lu4 Appointment of 1U4 hegister for use of 106 Instructions to 106 — 110 lorm of appointment of 104 — 105 Kotice to be given to returning officer or deputy, of appointment of... 104 If paid to be appointed by election agent 104 Object of register for use of 106 Form of notice to, and declaration of secrecy by 112 Suitability of persons as 119 Qualifications of 119 Post Wkappees (Addressed) 61 Postage— When and how used 26—27 Estimated cost of 26— i7 Posting (Bills)— AVho maj-or may not be paid for 24 Notice to be placed on all stations for 25 Form of Notice 2.5 Arrangements for bill posting 25 Priest cannot be a candidate 2 Printing — Expenses of 22 Election agent to exercise careful supervision over 22 Tenders to be obtained for 22-23 Form of tender for 23 Profit, place of, under Crown, created since 1705, person holding cannot be a candidate 2 Public House— notice to be given to landlord, where public meetings held in 32 Public Meetings — Expenses of 31 Maybe held anywhere 31 If on licensed premises, notice to landlord •>! Form of notice to landlord of licensed premises 31 Provisions of C.P. Act, 188.3, with regard to licensed premises 32—33—34 Payment for use of room to be agreed upon prior to holding 34 'Qualification of Candidate ^ Eecokder cannot be elected for place for which he is recorder 3 Eefkesiiments- Clerks, &.C., engaged bono fide for election, not prohibited having 34 In?jjcctor of. instructions to '}''~^JJ Inspectors of , qualifications of 121—122 Begisters of Voters— Use of 43 Charge for ^^ What number required , '•3 now prepared 43—44 297 Registear of deeds cannot be a candidate •] Remo\*ais List 55 Form of ;-,(5 To be canvassed book .17 Comni ittee for canvassing 57 To be reported by canvassers 51} Return of Cax^- ass to be made daily 55 RETUB>f Sheets — Ward or district r,7 Form and use of :,s Returning Officer— Name and address of election agents and situation of offices to be pub- lished by 7—8 To decide validity of objection to nomination pajjcr l;U Chargesof, are limited, and can be taxed 1 lit Duty of, on receipt of writ for election 129 Cannot be a candidate for the place for which he acts :i Reyisixo Barrister cannot be a candidate for place for which he was ap- pointed within IS months of appointment .'5 Rome— Person in holy orders in Church of, cannot be a candidate 2 Sheriff cannot be elected for county for which he acts 3 Slip Book— Form of 1"0 Clerk 5t7— 101—100—121 Status of Candidate 1 Statutes (Table of) viii Statutory Declaration, Form of l&O Staff — Positions and duty of, on election day IIB List to be prepared by committees of 118 If paid, should not be voters 11** Committee room I'S Polling booth 113 Sub-Agent- Appointment not revoked by election agent ceasing to act 10 Oareinthe selection of 11 If paid, cannot vote 11 Notices to be published in newspapers by 11 „ posted in committee rooms by 1^ May act for two or more districts in counties _ 1*^ Instructions to 65 — 71 Form of apoointment, of 65 Fee to ■ 17 Subscriptions may be received by candidate '> ,, by candidate to clubs, &c 41—42 Telegrams— Not to be used unless absolutely necessary 26 Tenders— To be obtained for printing and stationery 22 Treating— Penalty for corruptly "^^ Unpolled Voters Cards— Use and object of ^'' Form of 1^' Visiting Clerk- To visit each comnuttee room dailj' ^° 'Duty of : ''^ X 298 PAGE. TOTKR — Kniployment of, disqualifies him from voting 8—11—18—21 Polled clerks and messengers 97— 12U TOTERS — Kegistersof 4:5 Out, how to be dealt witli 4t5 Out, to be canvassed, list of 4(i— 47 Out, comniittee for 4(j — 47 Left town, &c.. how dealt with 415 Out, list of, to be kept 48 Dead or gone abroad, &c fiO Instruction card to .. 90-91 Form of card for 92 Private mark on card for '. 93 'Wages— Account to be made out weekly S8 Wall Sheets— Objeetof 94 Form and useof 95 How arranged on polling day : 95 How prepared 96—97 Clerks of liO Duty and qualification of clerks of 120 — 121 "Ward or District Book— Tseof 44 Form of 45 Ward or District Eeturx Sheets- How prepared 57 Use of daily ^7 Form of 68 ■Withdrawal of candidate ti i 135 5 UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. JN 1005 1885 rzsaHFri^SaSswsBar—