volunteers in any of these capacities may of course give their services. (Ipswich, 4 O. & H. 74.)

This section is to be read in conjunction with Sched. 1, and is not, it is submitted, intended to apply to such persons as a permanent salaried registration agent and his staff, who are usually the officials of a party organization; although, in one sense, they are employed "for the purpose of promcting or procuring the election of a candidate." However, unless they confined themselves very exclusively to the duties of registration, it might easily happen that they would find themselves, for some cause or other, acting in contravention of this section.

(a) "Promise of Payment."-Where it had been announced at a meeting that refreshments would be provided for helpers on the polling day, held this was an illegal employment for payment of those who, having heard the announcement, offered their services. (Barrow-in-Furness, 4 O. & H. 81.)

(b) "Such exception, &c."-See s. 23 and Sched. 1, in addition to which electors, whose ordinary business is that of advertisement agents, may be so employed (s. 7).

(c) "Illegal Employment," unless it be the candidate or his election agent, when it is an illegal practice (s. 21).

Those who are employed in accordance with Sched. 1, may or may not be electors, but may not vote. And 66 no elector who within six months "before or during any election for any county or "borough shall have been retained, hired or

66

employed for all or any of the purposes of the

election, for reward by or on behalf of any can"didate at such election as agent, canvasser, (*) clerk,

(*) Paid canvassers are no longer allowed under this section and Sched, 1.

Sec. 17

Secs. 17, 18.

Name and address of printer on placards.

messenger, or in other like employment, shall be "entitled to vote at such election, and if he shall "so vote he shall be guilty of misdemeanour" (30 " & 31 Vic. c. 102, s. 11).

"Every employment of a voter for reward, for the purpose of influencing his vote, is in itself an indictable offence. And if the voter so employed votes, another offence is committed, both by him and by the person who incited him to vote. Both may be indicted and punished for a second misdemeanour" (pr. Lush, L. J., Oxford, 3 O. & H. 156).

In addition to the above, returning officers, their clerks, partners and deputies may not act as agents (R. P. Act, 1867, s. 11), nor may corrupt agents (i.e., who have been found guilty of any corrupt practice within seven years last past) be employed (P. E. Act, 1868, s. 44. See s. 24, infra, p. 166).

By s. 36, if any person thus guilty votes at the election at which the offence was committed, his vote is void.

18. Every bill, placard, or poster having reference to an election shall bear upon the face thereof the name and address of the printer and publisher thereof; and any person printing, publishing, or posting, or causing to be printed, published, or posted, any such bill, placard, or poster as aforesaid, which fails to bear upon the face thereof the name and address of the printer and publisher, shall, if he is the candidate, or the election agent of the candidate, be guilty of an illegal practice, and if he is not the candidate, or the election agent of a candidate, shall be liable on summary conviction to a fine not exceeding £100.

The form of this section differs from that of those which precede and which follow it, owing, apparently, to the difficulty of otherwise defining the offence, which is intended to belong to the class of illegal payment, hiring, &c., though it could hardly be properly so called. As belonging to that class, it

does not affect the validity of the election, unless Secs. 18-20. committed by a candidate or his election agent, when

it causes the loss of the seat (cp. ss. 10 and 21).

creditors.

19. The provisions of this Act prohibiting certain payments Saving for and contracts for payments, and the payment of any sum, and the incurring of any expense in excess of a certain maximum, shall not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of the same being in contravention of this Act.

And he therefore has his remedy against the candidate or his agent, although the latter will not be relieved of the penalties attaching to their act (cp. s. 27, sub-sec. 2).

committee room

20. (a) Any premises on which the sale by wholesale or Use of retail of an intoxicating liquor is authorised by a licence (a) in house for (whether the licence be for consumption on or off the sale of premises); or

(b) Any premises where any intoxicating liquor is sold, or is supplied (b) to members of a club, society, or association other than a permanent political club; (c) or

(c) Any premises whereon refreshment of any kind, (d) whether food or drink, is ordinarily sold for consumption on the premises; or

the

(d) The premises of any public elementary school (e) in receipt of an annual Parliamentary grant, or any part of any such premises, shall not be used as a committee room (ƒ) for 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 hiring:

Provided that nothing in this section shall apply to any part of such premises which is ordinarily let for the purpose of chambers or offices, or the holding of public meetings or of arbitrations, if such part has a separate entrance and no direct communication with any part of the premises on which any intoxicating liquor or refreshment is sold or supplied as aforesaid.

This section (a) makes it an illegal hiring to

intoxicating liquor or

refreshment, or school, to be illegal hiring.

in elementary

Sec. 20.

Clubs.

use as committee rooms (1) any licensed premises for sale of intoxicating liquors, either wholesale or retail; (2) any premises where intoxicating liquors are supplied to members of clubs other than permanent political clubs; (3) any premises whereon refreshment of any kind (food or drink) is ordinarily sold for consumption on the premises; (4) the premises of any public elementary school in receipt of an annual parliamentary grant. (b) Both the person hiring and the person letting are equally guilty; (c) but an exception is made in favour of arbitration and other public rooms, not directly communicating with refreshment bars.

For the statutory number of committee rooms, see Sched. 1, Part ii., infra, p. 305.

(a) "A licence," i.e., whether granted by justices (as public-houses of various kinds, licensed grocers' premises, &c.), or by the excise authorities, as is the case with wholesale brewers and wine and spirit merchants (cp. note (a) to s. 38, sub-sec. 8).

(b) "Or is supplied," e.g., for the purpose of taking away to the member's own home. Thus it was held in Graff v. Evans (30 W. R. 380), that the Licensing Act (35 & 36 Vic. c. 94, s. 3) does not apply to the sale of drink at a club to a member, though he is allowed under its bye-laws to take the drink away to his home.

(c) "Permanent Political Club.”—A great number of the working men's clubs are established as much for political as for social purposes; and in the majority of them both food and drink is ordinarily sold for consumption on the premises. It is submitted that it would not be sufficient to prove merely

that politics constituted one of the bonds of union among the members of the club, but that it would be necessary to prove by its rules, if the name of the club did not shew its political character, that one at least of its objects was political.

(d) "Refreshment of any kind."-This will bring within the scope of the section all such places as coffee taverns and ordinary refreshment rooms of all sorts, as well as hotels, inns, &c.

(e) "School." Any public elementary school (whether voluntary or under a school board) is herein included, if "in receipt of an annual parliamentary grant." And the dwelling-house of the master is a part of the school premises unless provided rent free by a subscriber to the schools (Bucgrose 4 O. & H. 113, 115.)

(f) "Used as a committee-room," i.e., not only must they not be hired, but even if lent, the use of them will be illegal. It is to be observed (1) that, while the section goes on to declare "any person hiring or using such premises guilty of illegal hiring,” it does not make the person who merely allows them to be so used equally guilty, the words being "and the person letting such premises," &c. (See definition of committee-room, s. 64, p. 290.) (2) The premises herein described are only forbidden as committeerooms. There is nothing said against their being used for public meetings of the electors, in which the candidate may address them. Although this may leave the door open to a certain amount of treating, this seems, on the whole, unavoidable, as in many districts the only large rooms available for the purpose are either public-houses or premises connected

M

Sec. 20.

Premises forbidden as committee

rooms.