NOTE.

(a) The Municipal Corporations Act, 1882, s. 77, ante, p. 296, defines Section 4. candidate as "a person elected or having been nominated or having declared himself a candidate for election." The date of such a declaration must, therefore, be the earliest date at which it can be said to have commenced so as to make him liable as a candidate for acts which, if committed by a candidate or his agents, would clearly be election offences. Difficult questions might, however, arise as to when a person had declared himself to be a candidate, for this might be inferred from his acts without a formal declaration. The question of when a candidature commences has often been discussed in parliamentary election cases (see, in particular, The Kennington case, 4 O'M. & H. 93; The Rochester case, 4 O'M. & H. 156; Elgin and Nairn, 5 O'M. & H. 1 ; Lancaster, 5 O'M. & H. 39). Although the cases are not strictly in pari materia (the Municipal Corporations Act, 1882, having no application to parliamentary elections), the views of HAWKINS, J., as stated in The Walsall case, 4 O'M. & H. 123, are quoted as bearing on the question of the commencement of a candidature. In that case the learned judge said: "I cannot help thinking that the period during which a candidate can be held responsible for the illegal and injudicious acts of his recognized supporters must be confined within reasonable limits. It would not be reasonable to say that a man who contemplates in the year 1892 becoming a candidate in the year 1896, could not illegally employ a person to do for him a variety of acts to ingratiate him with those whose votes and suffrages he intends to seek in some future year. Upon the present occasion, I think the limit of time to which we ought fairly to apply our minds is a period commencing from the time when it was first known that the respondent announced his intention to present himself as a candidate for election at the next ensuing election. . . . I cannot think that the period of candidature or the period of agency is to be limited either by the date of the issuing of the writ or by the day of nomination; but I think that when an election is contemplated as probable in the course of a few months, and it is well recognized that to secure the election of a particular candidate active steps must be taken, and every exertion made at once to secure that object, it cannot be reasonably said that there can be no agency to take such steps or to make such exertions until the immediate approach of the election by the issuing of the writ."

(b) This provision will apply to an election of a county councillor as if the division in which the election takes place were the ward of a borough.

(c) See ss. 19-21, post.

(d) The word person is here presumed to mean elector in cases falling within sub-s. (1) (b), as it does not appear to be illegal to make payments such as those mentioned in that clause to a person other than an elector. And see sub-s. (3).

maximum to

5.-(1.) Subject to such exception as may be allowed in Expense in pursuance of this Act (a), no sum shall be paid and no expense excess of shall be incurred by or on behalf of a candidate at an election, be illegal whether before, during, or after an election, on account of or in practice. respect of the conduct or management of such election, save that in the case of an election of a councillor a sum may be paid and expense incurred not in excess of the maximum amount following; (that is to say,)

The sum of twenty-five pounds, and, if the number of electors in the borough or ward exceeds five hundred, an additional amount of threepence for each elector above the first five hundred electors (b).

Sect. 5 (2).

Voting by prohibited persons and

(2.) Any candidate or agent of a candidate or person who knowingly acts in contravention of this section shall be guilty of an illegal practice.

(3.) Where there are two or more joint candidates at an election the maximum amount of expenses shall, for each of such joint candidates, be reduced by one-fourth, or if there are

two joint candidates by one-third (e).

(4.) Where two or more candidates at the election, 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 clerks, messengers, or polling agent 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 be joint candidates at such election: Provided that-

(a.) The employment and use of the same committee room, 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 :

(b.) Nothing in this enactment shall prevent candidates from ceasing to be joint candidates:

(c.) Where 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 having begun to conduct his election as a separate candidate, 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 meaning 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 may be relieved accordingly from the consequences of having incurred such excess of expenses (d).

(a) See ss. 19- 21, post.

(b) This will apply to an election of a county councillor, as if the word ward meant an electoral division.

(c) As only one county councillor is to be elected for each division, the provisions of this section as to joint candidates are inapplicable to elections of county councillors.

(d) See ss. 19-21, post.

6.-(1.) If any person votes or induces or procures any person to vote at a municipal election, knowing that he or such person is

prohibited, whether by this or any other Act, from voting at such Sect. 6 (1). election, he shall be guilty of an illegal practice (a).

publishing of

withdrawal

(2.) Any person who before or during a municipal election false stateknowingly publishes a false statement of the withdrawal of a ments of candidate at such election for the purpose of promoting or pro- to be illegal. curing 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 without his knowledge and consent (b).

(a) As to persons prohibited from voting by this Act, see ss. 22, 23, and Sched. 3, Part II., post.

While it is incumbent on an agent to warn persons disqualified not to vote, his failure to do so does not amount to procuring within this section. Stepney Case, 4 O'M. & H. 178.

(b) But quære whether the election would not be avoided by the commission of such an offence by an agent. See s. 8 (2), post.

on conviction

7. A person guilty of an illegal practice in reference to a Punishment municipal election (a), shall on summary conviction be liable to a of illegal fine not exceeding one hundred pounds, and be incapable during a practice. 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 parliamentary election or an election for a public office (b) within the meaning of this Act) held for or within the borough (c) in which the illegal practice has been committed.

(a) This will include an election of a county councillor.

(b) As to what is a public office, see s. 34, post, and the notes to s. 2, ante. (c) This word includes county in the application of the section to elections of county councillors.

candidate

8.-(1.) An illegal practice within the meaning of this Act shall Incapacity of be deemed to be an offence against Part Four of the Municipal reported Corporations Act, 1882 (a), and a petition alleging such illegal guilty of practice may be presented and tried accordingly.

illegal practice.

c. 50.

(2.) Upon the trial of an election petition respecting a municipal 45 & 46 Vict. election for a borough or ward of a borough (b) in which a charge is made of any illegal practice having been committed in reference to such election, the election court (c) shall report in writing to the High Court whether any of the candidates at such election has been guilty by himself or his agents of an illegal practice in reference to such election, and if the report is that a candidate at such election has been guilty by himself or his agents of an illegal practice in reference to such election, the candidate shall not be capable of being elected to or of holding any corporate office in the said borough (d) during the period for which he was elected to serve, or for which if elected he might have served, and if he was elected,

Sect. 8 (2). his election shall be void; and, if the report is that such candidate has himself been guilty of such illegal practice, he shall also be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice (e).

Providing of money for illegal practice or payment to be illegal payment.

Employment of hackney carriages, or

of carriages

and horses

kept for hire.

(a) See this Part, ante, p. 296.

(b) This includes an election for an electoral division of a county.

(c) As to the election court, see s. 92 of the Municipal Corporations Act, 1882, ante, p. 302.

(d) See s. 3, note (c), ante, p. 344.

(e) See s. 7, ante.

Illegal Payment, Employment, and Hiring.

9. 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 (a), or for replacing any money expended in any such payment, except where the same may have been previously allowed in pursuance of this Act to be an exception (b), such person shall be guilty of illegal payment (c).

(a) See s. 5, ante, p. 345.

(b) See ss. 19-21, post.

(c) Money paid for the employment of persons to keep order at meetings is an illegal employment. Packard v. Collings, 54 L. T. (N.S.) 619.

Gratuitous refreshments to workers renders their employment illegal within the meaning of this section. Barrow Election Petition, ib. 618.

A payment to a voter for damage done to a banner or for loss of his hat at a meeting is not an illegal payment. Stepney Case, 4 O'M. & H. 39.

10. (1.) A person shall not let, lend, or employ for the purpose of the conveyance of electors to or from the poll at a municipal election (a), 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 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 this section to let, lend, or employ for that purpose, and if he does so he shall be guilty of 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 conveying him or them to or from the poll.

(4.) No person shall be liable to pay any 'duty or to take out a Sect. 10 (4). 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.

(a) This includes the election of a county councillor.

withdrawal

11. Any person who corruptly induces or procures any other Corrupt person to withdraw from being a candidate at a municipal from a candielection (a), in consideration of any payment or promise of pay- dature. ment, shall be guilty of illegal payment, and any person withdrawing in pursuance of such inducement or procurement shall also be guilty of illegal payment.

(a) This includes an election of a county councillor.

12.-(1.) No payment or contract for payment shall, for the Certain expenditure purpose of promoting or procuring the election of a candidate at a to be illegal municipal election (a), be made on account of bands of music, payment. torches, flags, banners, cockades, ribbons or other marks of distinction (b).

(2.) Subject to such exception as may be allowed in pursuance 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.

(a) This includes an election of a county councillor.

(b) As to the meaning of "marks of distinction," see The Walsall case, 4 O'M. & H. 126, in which a parliamentary election was held to be void on the ground that the use of certain cards distributed by the respondent and intended to be worn by voters in their hats was an illegal practice. As to these cards, POLLOCK, B., said: "The cards which were printed were not merely the card of invitation as of old, but bore the photographic likeness of the candidate and words of invitation and encouragement to fight for him. In themselves they cannot be found fault with as being within the Act of Parliament under the words 'marks of distinction,' and so long as cards alone are used there can be no objection. I may even go further and say that sometimes the cards may be put in a man's coat or fixed to the outside of his hat and yet not necessarily bemarks of distinction.' But if the card is made specially adaptable to place in the hat as these cards were in fact, and if they were used for that purpose, then, after being ordered, having been used, and having been so described in the account, the person who pays that account pays it knowing what it is. . . . The legislature have decided to prohibit any mark of distinction and any party badge from being supplied and paid for by candidates their agents."

But compare Clare, 4 O'M. & H. 162; Pontefract, ib. 200. Broad strips of canvas with words printed on them and stretched across streets were held to be banners in the Stepney case, 4 O'M. & H. 178.