46 & 47 Viet. C. 51, s. 7. Illegal Saving for Expense in excess of maximum to be illegal practice. Voting by prohibited persons and inducing them to vote. Publishing false statement of withdrawal of candidate. or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this Act, shall also be guilty of an illegal practice. (3.) Provided that where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section. The penalties for illegal practices are on conviction provided by s. 10, on report of election judge by s. 11, and include avoiding the election. As to the exception referred to in subs. 2, see s. 23. As to conveying voters by sea, see s. 48. Lending private carriages gratuitously is not forbidden, but lending hackney carriages gratuitously is illegal by s. 14 (p. 473). 8. (1.) Subject to such exception as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by a candidate at an election or his election agent, whether before, during, or after an election, on account of or in respect of the conduct or management of such election, in excess of any maximum amount in that behalf specified in the first schedule to this Act. (2.) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal prac tice. As to allowance of exceptions, see s. 23 (p. 476). An expense made illegal by this Act could not be sued for, nor recovered if paid, with knowledge of the facts (see s. 19). 9. (1.) If any person votes or induces or procures any person to vote at any election, knowing that he or such person is prohibited, whether by this or any other Act from voting at such election, he shall be guilty of an illegal practice. (2.) Any person who before or during an election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal prac tice. (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. As to subs. 1, the person in question must both be prohibited as distinguished from merely disqualified, and the prohibition must be by statute. For a list of incapacities, see note to s. 3 of the Representation People Act, 1867, p. 36. Of the persons incapacitated therein mentioned as incapacitated by statute, the phraseology of the statute varies in almost every case. Whether the incapacity amounts to a prohibition depends on the construction of those words in each case. Infants are clearly prohibited by the terms of 7 & 8 Will. 3, c. 25, p. 5, and where the incapacity is accompanied by a penalty, as in the case of Metropolitan Police under 10 Geo. 4, c. 44, s. 18, p. 12, and election agents, clerks, and others for reward under s. 11 of the Representation People Act, 1867, p. 40, there would also seem to be a prohibition. Persons in receipt of parochial relief are by s. 36 of the Act of 1832, p. 25, only "disentitled to be registered." Similarly aliens (33 Vict. c. 14, p. 51). The prohibitions from voting in this statute are to be found in ss. 36 and 37 p. 184). c. 51. Punishment on conviction 10. A person guilty of an illegal practice, whether under the 46 & 47 Vict. foregoing sections or under the provisions hereinafter contained in this Act, shall on summary conviction be liable to a fine not exceeding one hundred pounds and be incapable during a period of five years from the date of his conviction of being registered of illegal as an elector or voting at any election (whether it be a parlia- practice. 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. As to mode of prosecution and appeal to Quarter Sessions, see s. 54, p. 497. 11. Whereas by sub-section fourteen of section eleven of the (b.) tice; (c.) "Whether corrupt practices have, or whether there is And whereas it is expedient to extend the said sub-section to illegal practices: Be it therefore enacted as follows: : any to report on Election Court illegal prac tice, as on practice. * p. 527. Subsection fourteen of section eleven of the Parliamentary Elections Act, 1868,† shall apply as if that subsection were † p. 527. herein re-enacted with the substitution of illegal practice within the meaning of this Act for corrupt practice; and upon the trial of an election petition respecting an election for a county or borough, the election court shall report in writing to the Speaker the particulars required by the said subsection as candidate herein re-enacted, and shall also report whether at such election has been guilty by his agents of any illegal practice within the meaning of this Act in reference to such election, and the following consequences shall ensue upon the report by the election court to the Speaker; (that is to say,) (a.) If the report is that any illegal practice has been proved Punishment to have been committed in reference to such election of candidate by or with the knowledge and consent of any candidate found guilty at such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for the said county or borough for seven years next after the date of the report, and if he has been elected with knowledge. 46 & 47 Vict. c. 51, s. 11. Report of Election Court. Guilty by agents. Election Commissioners Illegal payments. his election shall be void; and he shall further be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice; and (b.) If the report is that a candidate at such election has been guilty by his agents of any illegal practice in reference to such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for the said county or borough during the said Parliament for which the election was held, and if he has been elected, his election shall be void. An illegal practice by this section avoids the election like a corrupt practice. For the definition of an illegal practice, see s. 7. 12. Whereas by the Election Commissioners Act, 1852, as amended by the Parliamentary Elections Act, 1868, it is enacted that where a joint address of both Houses of Parliament represents to her Majesty that an election court has reported to the Speaker that corrupt practices have, or that there is reason to believe that corrupt practices have, extensively prevailed at an election in any county or borough, and prays her Majesty to cause inquiry under that Act to be made by persons named in such address (being qualified as therein mentioned), it shall be lawful for her Majesty to appoint the said persons to be election commissioners for the purpose of making inquiry into the existence of such corrupt practices: And whereas it is expedient to extend the said enactments to the case of illegal practices : Be it therefore enacted as follows: When election commissioners have been appointed in pursuance of the Election Commissioners Act, 1852, and the enactments amending the same, they may make inquiries and act and report as if "corrupt practices" in the said Act and the enactments amending the same included illegal practices; and the Election Commissioners Act, 1852, shall be construed with such 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 Payment, Employment, and Hiring. 13. Where a person knowingly provides money for any payment which is contrary to the provisions of this Act, or for any expenses incurred in excess of any maximum amount allowed by this Act, or for replacing any money expended in any such payment or expenses, except where the same may have been previously allowed in pursuance of this Act to be an exception, such person shall be guilty of illegal payment. For payments contrary to Act see ss. 7, 8, and 16. 14. (1.) A person shall not let, lend, or employ for the 46 & 47 Vict. purpose of the conveyance of electors to or from the poll, any public stage or hackney carriage, or any horse or other animal kept or used for drawing the same, or any carriage, horse, or other animal which he keeps or uses for the purpose of letting out for hire, and if he lets, lends, or employs such carriage, horse, or other animal, knowing that it is intended to be used for the purpose of the conveyance of electors to or from the poll, he shall be guilty of an illegal hiring. c. 51. Lending hackney carriages, or carriages kept for hire, to be illegal hiring. the same. (2.) A person shall not hire, borrow, or use for the purpose of Borrowing the conveyance of electors to or from the poll any carriage, horse, or other animal which he knows the owner thereof is prohibited by this section to let, lend, or employ for that purpose, and if he does so he shall be guilty of an illegal hiring. (3.) Nothing in this Act shall prevent a carriage, horse, or other animal being let to or hired, employed, or used by an elector, or several electors at their joint cost, for the purpose of being conveyed to or from the poll. Saving for hiring by electors. without (4.) No person shall be liable to pay any duty or to take out Conveyances a licence for any carriage by reason only of such carriage being used without payment or promise of payment for the conveyance of electors to or from the poll at an election. withdrawal from a candidature. By s. 7 (p. 469) paying for conveyances is an illegal practice. 15. Any person who corruptly induces or procures any other Corrupt 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 pursuance of such inducement or procurement, shall also be guilty of illegal payment. Payments for bands, cockades, &c., forbidden. As to withdrawal from candidature, see s. 1 of Ballot Act, p. 431. 16. (1.) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at any election, be made 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 pur- Payments suance of this Act, if any payment or contract for payment is made in contravention of this section, either before, during, or after an election, the person making such payment shall be guilty of illegal payment, and any person being a party to any such contract or receiving such payment shall also be guilty of illegal payment if he knew that the same was made contrary to law. The gift by a candidate of the things mentioned in subs. 1 is forbidden by 8. 7 of Act of 1854 (p. 415). For exceptions, see s. 22, post. 17. (1.) No person shall, for the purpose of promoting or procuring the election of a candidate at any election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for any purposes or capa therefor illegal. Promoters of election in unauthorized capacity forbidden. c. 51, s. 17. 46 & 47 Vict. cities mentioned in the first or second parts of the first schedule to this Act, or except so far as payment is authorized by the first or second parts of the first schedule to this Act.* Illegal (2.) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person engaging or employing him shall be guilty of illegal employment, and the person so engaged or employed shall also be guilty of illegal employment if he knew that he was engaged or employed contrary to law. This section (1) restricts the capacities in which paid agents may be employed (thus entirely forbidding the employment of paid canvassers), and (2) restricts the number of paid agents who may be employed in authorized capacities. Hitherto, paid agents were only forbidden to vote (s. 11 of Act of 1867, p. 424). This section, of course, does not limit the "agents" for whom a candidate may be responsible to the persons allowed for hire (see s. 27, subs. 2, p. 478). 18. Every bill, placard, or poster having reference to an election shall bear upon the face thereof the name and address of the printer and publisher thereof; and any person printing, publishing, or posting, or causing to be printed, published, or posted, any such bill, placard, or poster as aforesaid, which fails to bear upon the face thereof the name and address of the printer and publisher, shall, if he is the candidate, or the election agent of the candidate, be guilty of an illegal practice, and if he is not the candidate, or the election agent of a candidate, shall be liable on summary conviction to a fine not exceeding one hundred pounds. This section is an extension of 32 & 33 Vict. c. 24 (re-enacting 2 & 3 Vict. c. 12, s. 2), that "every person who shall cause any paper to be published or dispersed who shall not print his name and abode therein," shall forfeit a sum not more than £5 a copy. 19. The provisions of this Act prohibiting certain payments and contracts for payments, and the payment of any sum, and the incurring of any expense in excess of a certain maximum, 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. The ignorance must be in respect of facts, as ignorantia juris neminem excusat. 20. (a.) Any premises on which the sale by wholesale or retail of any intoxicating liquor is authorized by a licence (whether the licence be for consumption on or off the premises), or (b.) Any premises where any intoxicating liquor is sold, or is supplied to members of a club, 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, or |