*

c. 56.

48 & 49 Vict. is illegal, neither is there anything in the Election Acts so providing. The case simply decides that a holiday with wages given by a candidate who, when not a candidate gave a holiday without wages, is evidence on which bribery may be found. This section does not reverse the effect of that decision, but seems to have been passed to allay fears due to a misapprehension of that decision. The amount which might have been deducted by an employercandidate may be contended to be a payment "in respect of expenses incurred in the management of the election" payable only by the agent and returnable (pp. 478, 481), assuming the employer by his contract with the men entitled to deduct.

Short title.

c. 62.

p. 457.

p. 464.

2. This Act may be cited as "The Parliamentary Elections Corrupt Practices Act, 1885."

*

48 & 49 Vict. 48 & 49 Vict. c. 62. An Act to amend the Law relating to the Charges of Returning Officers at Parliamentary Elections. [14th August, 1885. Whereas by the Parliamentary Elections (Returning Officers) Act, 1875, the returning officer may, if he thinks fit, require security to be given for the charges payable under the above Act in respect of an election to an amount not exceeding that specified in the Third Schedule † to the Act, and by such Third Schedule it is provided as follows:- "If at the end of the two hours appointed for the election, not more candidates stand nominated than there are vacancies to be filled up, the maximum amount which may be required is one-fifth of the maximum according to the above scale:" And whereas [Scotland]. And whereas it is expedient to reduce the said amount, and otherwise to amend the above Acts: BE IT THEREFORE ENACTED, as follows:

Short title.

Reduction of security required in uncontested election.

Increase of presiding officer's and poll clerk's fees in counties.

p. 461.

1. This Act shall be construed, so far as regards England and Ireland, as ore with the Parliamentary Elections (Returning Officers) Act, 1875, and together with that Act may be cited as the Parliamentary Elections (Returning Officers) Acts, 1875 and 1885, and this Act may be cited separately as the Parliamentary Elections (Returning Officers) Act, 1885.

2. In the Third Schedule to the Parliamentary Elections (Returning Officers) Act, 1875, "twenty-five pounds" shall be substituted for "one-fifth of the maximum according to the above scale" in the portion thereof (above recited) relating to elections where not more candidates stand nominated than there are vacancies to be filled up.

3. [Scotland.]

4. Notwithstanding the scale of charges laid down in the First Schedule of the Parliamentary Elections (Returning Officers) Act, 1875, it shall be lawful in any county constituency in England for the returning officer to charge four guineas for each presiding officer and thirty shillings for each clerk at a polling station.

5. [Scotland.]

Trial of Petition by two judges

554

to Court of Appeal

44 & 45 Vict. c. 68, Rota of Judges for trial of Petitions-Appeal

88. 13, 14.

c. 125.

31 & 32 Vict. c. 125. Parliamentary Elections Act, 1868. 31 & 32 Vict. An Act for amending the Laws relating to Election Petitions, and providing more effectually for the Prevention of corrupt Practices at Parliamentary Elections. [31st July, 1868.

"Whereas it is expedient to amend the laws relating to election petitions, and to provide more effectually for the prevention of corrupt practices at parliamentary elections:" BE IT ENACTED, as follows:

Preliminary.

1. This Act may be cited for all purposes as "The Parlia- Short title. mentary Elections Act, 1868."

Court.

2. The expression "the Court" shall, for the purposes of this Definition and Act, in its application to England, mean the High Court of jurisdiction of Justice, Queen's Bench Division (a), 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.

As to amendment, the Court cannot amend a petition after the 21 days, so as to add a substantive ground of petitioning (Maude v. Lowley, L. R. 9 C. P. 65; 43 L. J. C. P. 145); but an amendment adding allegations of illegal practices may be made (p. 489).

The powers conferred by this section must be read subject to ss. 25 and 26 (p. 530), and in the absence of rules there is no power to order interrogatories (Moore v. Kennard, 10 Q. B. D. 290; 52 L. J. Rep. (Q.B.) 285; 48 L. T. 236; 31 W. R. 610; Wells v. Wren, 5 C. P. D. 546; 49 L. J. C. P. 681), in which case the power to make rules for interrogatories was doubted.

Publication in a newspaper of comments likely to interfere with the trial, held a contempt: Macartney v. Corry, 7 Ir. R. C. L. 242.

(a) Originally Court of Common Pleas at Westminster, but see Judicature Act, 1881, s. 13, p. 554.

31 & 32 Vict. c. 125.

of terms.

66

3. The following terms shall in this Act have the meanings hereinafter assigned to them, unless there is something in the Interpretation context repugnant to such construction; (that is to say), Metropolitan district" shall mean the city of London and the liberties thereof, and any parish or place subject to the jurisdiction of the Metropolitan Board of Works: "Election" shall mean an election of a member or members to serve in Parliament:

"Metropolitan district :"

"Election:"

"County:"

"Borough :"

"Corrupt Practices:"

"Rules of
Court:"
"Prescribed."

"Speaker."

To whom and by whom clection petition may be presented.

"County" shall not include a county of a city or county of a
town, but shall mean any county, riding, parts, or division
of a county returning a member or members to serve in
Parliament:
"Borough" shall mean any borough, university, city, place,
or combination of places, not being a county as herein-
before defined, returning a member or members to serve
in Parliament:
Corrupt practices" or "corrupt practice
shall mean
bribery, treating, and undue influence, or any of such
offences, as defined by Act of Parliament, or recognized
by the common law of Parliament:

"Rules of Court" shall mean rules to be made as hereinafter mentioned:

"Prescribed" shall mean "prescribed by the Rules of Court.” This section formerly contained a definition of "candidate" as "any per son elected to serve in Parliament at an election, and any person who has been nominated as or declared himself a candidate at an election." This is repealed by the Corrupt Practices Act, 1883 (Sched. 5), and the definition is added to by including persons declared by others a candidate, but is limited in a way more material to that Act than this. See s. 63 of that Act, p. 500.

66 Corrupt Practices."] By s. 3 of the Corrupt and Illegal Practices Act, 1883 (p. 467), every offence which is a corrupt practice within the meaning of that Act, is so within the meaning of this Act. That Act adds personation and procuring personation to the definition of corrupt practices of this Act.

4. For the purposes of this Act "Speaker" shall be deemed to include Deputy Speaker; and when the office of Speaker is vacant, the clerk of the House of Commons, or any other officer for the time being performing the duties of the clerk of the House of Commons, shall be deemed to be substituted for and to be included in the expression "the Speaker."

Presentation and Service of Petition.

5. From and after the next dissolution of Parliament a petition complaining of an undue return or undue election of a member to serve in Parliament for a county or borough may be presented to the High Court of Justice, Queen's Bench Division (a), if such county or borough is situate in England, by any one or more of the following persons:

(a) p. 554.

1. Some person who voted or who had a right to vote at the 31 & 32 Vict. election to which the petition relates; or,

2. Some person claiming to have had a right to be returned

or elected at such election; or,

3. Some person alleging himself to have been a candidate at such election:

And such petition is hereinafter referred to as an election petition.

Undue return of a Member.] All the members whose return was undue are not necessarily parties (Line v. Warren, 14 Q. B. D. 73). An undue return is a return defective in itself; an undue election is the election of a disqualified person, or by unqualified persons, or by undue means. The wide word "undue " is used to include all the grounds upon which a return or election can be set aside either at common law or by statute. Bribery, treating, and undue influence committed by a candidate, and personation at his instance, avoid the election at common law, on the ground of fraud, as also do general bribery, treating, and intimidation, on the ground that the true opinion of the electors has not been expressed. One act of bribery, for which the member returned is responsible, avoids the election. For statutory avoidance of elections, see s. 44 (p. 535), and ss. 4 and 5 of the Corrupt and Illegal Practices Act, 1883 (p. 468).

c. 125.

6. The following enactments shall be made with respect to Signature of the presentation of an election petition under this Act:

1. The petition shall be signed by the petitioner, or all the

petitioners if more than one:

petition.

2. The petition shall be presented within twenty-one days Time for preafter the return has been made to the clerk of the senting. Crown in Chancery in England, of the member to whose election the petition relates, unless it question the return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other reward to have been made by any member, or on his account, or with his privity, since the time of such return, in pursuance or in furtherance of such corrupt practices, in which case the petition may be presented at any time within twenty-eight days after the date of such payment:

3. Presentation of a petition shall be made by delivering it to Mode of prethe prescribed officer or otherwise dealing with the senting. same in manner prescribed:

4. At the time of the presentation of the petition, or within

three days afterwards, security for the payment of all
costs, charges, and expenses that may become payable
by the petitioner-

(b.) to any person summoned as a witness on his

behalf, or,

(c.) to the member whose election or return is com- Security for plained of (who is hereinafter referred to as costs.

the respondent),

shall be given on behalf of the petitioner:

5. The security shall be to an amount of one thousand pounds; Amount and it shall be given either by recognizance to be entered form of secu

rity.

31 & 32 Vict. c. 125.

Copy sent to returning

officer.

Recognizance may be objected to.

Determination

into by any number of sureties not exceeding four, or by a deposit of money in manner prescribed, or partly in one way and partly in the other.

The return.] The return is not complete until the writ with the certificate of the returning officer is in the hands of the Clerk of the Crown, so that he can act upon it (Hurdle v. Waring, L. R. 9 C. P. 435; 43 L. J. C. P. 209; 30 L. T. 329; 22 W. R. 735).

Twenty-one days.] Sundays are excluded, see s. 49 (p. 536), Pegler v. Gurney (17 W. R. 316), and Pease v. Norwood (L. R. 4 C. P. 235).

The twenty-eight days petition.] The inquiry in such petition would not seem to be limited to the payment since the return and its incidents, because the payment is simply for the extension of the limit of time, and does not limit the petition. See per Keogh, J., Galway (10 O'Malley & Hardcastle, 341); contra per Mellor, J., Kidderminster (2 O'M. & H. 170).

As to the time in case an illegal practice is alleged, see s. 40 (a) of the Corrupt and Illegal Practices Act, 1883 (p. 488); s. 40 (b) adds "some other act done' to "payment of money as qualifying for a twenty-eight days petition.

Prescribed officer.] The petition by Reg. M. T. 1868 (p. 539), is left at the office of the Master nominated by the Lord Chief Justice of the Common Pleas (now the Chief Justice of England, see Order in Council, 1880), who is to give a receipt. The copy for the returning officer under s. 7 is also left.

One thousand pounds.] The same sum applies to a petition against the return of more members than one (Pease v. Norwood, L. R. 4 Č. P. 235). "Any number of sureties" includes one (Preece v. Pulley, 49 L. J. C. P. 686); but the petitioners cannot enter into the recognizance (Pease v. Norwood, ubi supra).

7. On presentation of the petition the prescribed officer shall send a copy thereof to the returning officer of the county or borough to which the petition relates, who shall forthwith publish the same in the county or borough, as the case may be.

By Rule 12 of Rules, Michaelmas Term, 1868 (p. 542), he must also send the addresses for service, which the returning officer must also publish.

8. Notice of the presentation of a petition under this Act, and of the nature of the proposed security, accompanied with a copy of the petition, shall, within the prescribed time, not exceeding five days after the presentation of the petition, be served by the petitioner on the respondent; and it shall be lawful for the respondent, where the security is given wholly or partially by recognizance, within a further prescribed time, not exceeding five days from the date of the service on him of the notice, to object in writing to such recognizance, on the ground that the sureties, or any of them, are insufficient, or that a surety is dead, or that he cannot be found or ascertained from the want of a sufficient description in the recognizance, or that a person named in the recognizance has not duly acknowledged the same.

By the Rule 13 of the Rules, Michaelmas Term, 1868 (p. 542), the time prescribed for the notice is five days, exclusive of the day of presentation. The same time, exclusive of the day of service, is prescribed by Rule 21 (p. 544), for objecting to the recognizances.

9. Any objection made to the security given shall be heard of objection to and decided on in the prescribed manner. If an objection to the

recognizance.