ballot paper account, and forwards to the Clerk of the Crown all the documents sorted as required by the rules of the Ballot Act. These papers are retained for a year, and may be inspected by order of the House of Commons or of the High Court.

The last duty of the returning officer is to make his return. The return. This is done by endorsement on the writ of the names returned, and the writ is then sent through the post to the Clerk of the Crown (p. 447).

The election of members for the Universities is not by ballot but by voting papers, and the returning officer is the ViceChancellor. The voting may be personally or by voting papers, in pursuance of the Act of 1861 (p. 419).

The account of the election so far given deals only with what Corrupt may be called the official part of the proceedings. An account practices.

remains to be given of the election as it concerns the candidates, and the law on this subject is mainly to be found in the Corrupt and Illegal Practices Prevention Act, 1883. By this Act the expenditure of money by the candidates is closely restricted. With this object the number of persons employed for payment by the candidate to promote his return is limited. He can have one election agent only, to be nominated on or before the day of election, which post he may fill himself (p. 477), but in counties he may also have a sub-agent in each polling district, to be nominated in writing by the election agent one clear day before the polling. He can have one polling agent in each station only, in boroughs one clerk, and one messenger for each five hundred electors only, in counties one clerk and one messenger in the central committee room for every five thousand electors, and in each polling district one clerk and one messenger for every five hundred electors in that district, and the persons so employed are forbidden to vote (p. 504). These numbers must not be exceeded, and no persons may be employed for payment in any other capacity than those specified, as, for example, paid canvassers. Committee rooms are not to be held in licensed premises, non-political clubs, refreshment houses, or schools (p. 474).

In boroughs one committee room for every five hundred electors, and in counties one central committee room, and one other committee room in each polling district for every five hundred electors in that district (p. 505).

In addition to the expenses thus incurred the candidate is allowed to pay his share of the returning officer's legal charges, his own personal expenses up to £100, the expenses of printing and advertising, stationery, &c., and the expenses of holding public meetings. The expenses additional to these must not exceed in any case £200, and the maximum of expenses, with the exception of personal expenses and returning officer's charges, is in boroughs, when the number of electors does not exceed two thousand, £350, when they exceed two thousand the maximum is £380, with an additional £30 for every complete thousand electors above two thousand. In counties, when the

Return of expenses.

electors do not exceed two thousand, the maximum is £650,
when they exceed that number the maximum is £710, with an
additional £60 for every complete thousand electors above two
thousand (p. 505). The amount is further reduced in the case
of joint candidates by one-fourth, or in the case of more than
two by one-third (p. 506). Moreover, the election agent is
bound to make a return of election expenses in detail, to the
accuracy and exhaustiveness of which both the agent and the
candidate are required to make a solemn declaration.
All pay-
ments are required to be made by the election agent (p. 478),
and all money provided for the election is to be paid to him.
There must be a voucher for every payment above 40s., and
every claim must be sent in to the agent within fourteen days
from the election, otherwise it is barred, and paid within
twenty-eight days, except in the case of disputed claims. The
candidate has himself to provide his agent with a return of his
personal expenses, and the return of expenses with the declara-
tion verifying it has to be sent in to the returning officer within
thirty-five days of the election. The return must include all
payments with vouchers, the candidate's personal expenses, the
returning officer's charges, and disputed and unpaid claims on
the one side, and a statement of cash received on the other.
The candidate must also at the time of the agent's return, or
within seven days afterwards, transmit his declaration verifying
the return. A member cannot after the time for making the
return and declaration sit or vote until they are made; and if
any candidate or election agent knowingly make the declaration
falsely, he is on conviction guilty of perjury, and also of a cor-
rupt practice, vacating a seat. Failure or error in the return
and declarations, if due to the candidate's illness or the agent's
misconduct, or otherwise excusable, may be excused by order of
the High Court or an Election Court. The returning officer on
receiving the return, publishes a summary of it in the news-
papers, and it is open to inspection (p. 484).

A false declaration of expenses is deemed a corrupt practice, and if either the candidate or his agent be found guilty of it, either by the Election Court or on indictment, the election is void (pp. 468, 469). The other corrupt practices avoiding the election, if committed by the candidate or through his agent, are treating, undue influence, bribery, personation, and aiding personation. Corrupt practices are further punishable on conviction by fine and imprisonment, by disqualifying as elector, or as a judicial or public officer. Personation is a felony, punishable with two years' hard labour. Similarly, illegal practices reported by the Election Court avoid an election (p. 471). Illegal practices consist of certain illegal payments made for the purpose of procuring an election, namely, for the conveyance of electors, which are absolutely forbidden both in counties and boroughs, for the use of premises for the exhibition of addresses, and for an excessive number of committee rooms, and

payments made in excess of the maximum (p. 469). Other illegal practices are inducing a prohibited person to vote (p. 470), publishing a false statment of the withdrawal of a candidate, and issuing placards without the printer's name and address (p. 474). Illegal practices are further punishable on summary conviction by fine, and incapacity for voting for five years (p. 471). A third class of electoral offence consists of illegal payments, employment, and hiring. Illegal payments consist of providing money in excess of the maximum allowed for the election, payment to induce a candidate to withdraw, payment for bands, cockades, &c., the gift of which is forbidden (p. 415), and payment of persons employed (as canvassers or otherwise) in promoting a candidate's election other than the persons specially allowed. Lending or borrowing hackney carriages, or carriages kept for hire, for conveying voters is an illegal hiring. Engaging promoters of a candidature in an unauthorized capacity, hiring licensed premises, non-political clubs, refreshment houses and schools, as committee rooms are illegal hirings. The punishment for this class of offence is a fine, and, if the candidate is personally guilty, an illegal practice avoiding the seat is committed (p. 475). There is a distinction as regards the seat between illegal payments, which are illegal practices per se, such for example as a payment for the conveyance of electors made for the purpose of procuring an election, and illegal payments, such as a payment for cockades, in that the former avoid the election if committed by an agent, whereas the latter are not illegal practices, and do not avoid the election, unless committed by the candidate personally (p. 475). There are provisions allowing the Election Court to excuse the candidate from the consequences of treating, undue influence, and illegal practices by an agent, if they are done contrary to orders, and reasonable means were taken to prevent the occurrence, the offence was trivial, and the election otherwise pure (p. 475). Again, if a prima facie illegal practice arise from accident or other reasonable cause, the Election Court or the High Court may relieve. Further means are taken for the purity of elections by providing that justices of the peace reported guilty of corrupt practices may be dealt with by the Lord Chancellor, barristers and solicitors by their Inns of Court or the High Court, and licensed victuallers by the licensing justices (p. 486). Voters incapacitated by corrupt or illegal practices are to be kept out of the lists by the registration officer (p. 487).

THE ELECTION PETITION.

The validity of an election is tried before an Election Court consisting of two judges, set in motion by an election petition. The petition is signed by a voter, or claimant of a vote, or a candidate, and must ordinarily be presented within twenty-one

d

days after the return of the writ to the Clerk of the Crown (p. 523), or, if an illegal practice be alleged, fourteen days after the return of election expenses (p. 489), or if corrupt or illegal practices are allegel, together with a payment or other act in furtherance of the practice since the return of the writ, or the return of election expenses, the petition may be presented within twenty-eight days of the alleged payment or act. The time for petitioning in respect of an illegal practice is thus greatly extended by the Act of 1883, possibly amounting to fourteen days after the thirty-five limited for the return of expenses. Security to the amount of £1000 must be given (p. 523). Careful provision is made against the corrupt withdrawal of a petition once presented (p. 490). The form of the petition, and the practice in regard to it, is provided in detail by rules of court made by the judges (p. 539). The petition is tried in the borough or county, and the procedure is similar to that in use at the Assizes, and the two judges who try the petition may reserve questions of law for the decision of the High Court (p. 528).

A considerable extension of the duties of the judges at the trial of an election petition was made by the Act of 1883, when the Public Prosecutor or his assistant was required to attend, with a view both to subsequent proceedings elsewhere, and to the summary prosecution of offenders before the Election Court (p. 491). A person before he is so prosecuted must be summoned before the Court, and has the option of a jury, and if he elect to be so tried an indictment may be ordered, and he may be committed for trial. Otherwise he may be convicted and sentenced by the Election Court. A witness summoned before an Election Court is obliged to answer incriminating questions, but he may receive an indemnity, and thereupon an answer given by him is not evidence, except upon an indictment for perjury (p. 499); but a solicitor acting in the petition who has taken no part in the election cannot be compelled to answer as to matters which came to his knowledge professionally.

At the conclusion of the trial of the election petition the judges make their certificate and report. The certificate (p. 527) states whether the member whose return is complained of, or any other person was duly elected, or whether the election was void. The report (pp. 471, 527) states whether any corrupt or illegal practice has been proved to have been committed with the knowledge or consent of a candidate, or whether any illegal practice has been committed by an agent, the names of persons proved to have been guilty of a corrupt or illegal practice, and whether corrupt or illegal practices have, or there is reason to believe that they have, extensively prevailed at the election. There may also be a special report to the Speaker of any matter which ought to be submitted to the House of Commons.

10 Geo. 4, c. 44, s. 18 2 Will. 4, c. 45 (Reform Act, 1832)

2 & 3 Vict. c. 71, s. 6

93

5 & 6 Vict. c. 35, s. 184 6 Vict. c. 18, ss. 73-8

11 & 12 Vict. c. 90.

.

19 & 20 Vict. c. 69. 30 & 31 Vict. c. 84,

8. 26.

30 & 31 Vict. c. 102 (Representation of the People Act, 1867)

31 & 32 Vict. c. 58. 73.

32 & 33 Vict. c. 41.

33 Vict. c. 14

Qualification of county electors by Forty-Shilling
Freehold.

The Forty-Shilling Freehold to be within the

county

Disqualification of infants-Restriction on faggot

votes.

Further restriction on faggot-votes

The Forty-Shilling Freehold to have been held
for twelve months

The same as to counties of towns

Penalty for ante dating admission of freeman
Voting by second husband of woman entitled to
dower

The potwaller's, &c., qualification for boroughs to
have been held for six months
Devise to split votes void

PAGE

2

4

4

5

879

9

11

Disqualification of metropolitan police.
Qualification for county vote by freehold for life,
or by leasehold of not less than £50 value-Pos-
session for six months and registration essential
-Qualification for borough vote, by occupation
of building of £10 value, by occupier having
resided in borough for six months, and of free
men-Disqualification by parochial relief in
boroughs-Registration essential
Metropolitan Police

Disqualification of county police

Non-payment of property tax no disqualification
Successive and joint occupation in counties-
Qualification in respect of trust or mortgaged
estate-Measurement of distance.

Date of payment of rates.
Disqualification of borough police

Medical poor relief by way of vaccination no dis-
qualification.

Qualification for borough franchise by occupation
of dwelling-house or lodgings of £10 value-
Rating of occupier-Qualification for county
franchise by life ownership or leasehold owner-
ship of land of £5 yearly value, and by occupa-
tion of land of £12 yearly value-Disqualifica-
tion by parochial relief in counties

Enfranchisement of revenue collectors
Effect of payment of rates by owner
Aliens.

33 & 34 Vict. c. 23. Disqualification on conviction for felony