Sect. 24 NOTE. Petition for illegal practice. Time for presentation of petition alleging illegal practices. c. 50. to elections of county councillors. Thus county electors must be substituted for burgesses, electoral division for ward, etc. (c) See the note (b) to s. 2, ante, p. 342. (d) The day here referred to is August 1st. The term parish burgess lists will include lists of county electors. See note (b), supra. (e) That is, the revising barrister. (51 Vict. c. 10), s. 4, post. See the County Electors Act, 1888 (f) The term burgess roll includes roll of county electors. Proceedings on Election Petitions. 25.-(1.) A municipal election petition (a) complaining of the election on the ground of an illegal practice may be presented at any time before the expiration of fourteen days after the day on which the town clerk receives the return and declaration respecting election expenses by the candidate to whose election the petition relates, or where there is an authorized excuse for failing to make the return and declaration then within the like time after the date of the allowance of the excuse (b). (2.) A municipal election petition, complaining of the election on the ground of an illegal practice, and specifically alleging a payment of money or other act made or done since the election by the candidate elected at such election, or by an agent of the candidate, or with the privity of the candidate, in pursuance or in furtherance of such illegal practice, may be presented at any time within twenty-eight days after the date of such payment or act, whether or not any other petition against that person has been previously presented or tried. (3.) Any election petition presented within the time limited by 45 & 46 Vict. the Municipal Corporations Act, 1882 (c), may, for the purpose of complaining of the election upon an allegation of an illegal practice, be amended with the leave of the High Court within the time within which a petition complaining of the election on the ground of that illegal practice can, under this section, be presented. (4.) This section shall apply notwithstanding the illegal practice is also a corrupt practice. (a) This includes a petition against the return of a county councillor. (b) As to this return and declaration and authorized excuse, see s. 21, ante. (c) As to the time for presentation of a petition alleging corrupt practices, see s. 88, sub-s. (4), of the Municipal Corporations Act, 1882, ante, p. 299. Where a petition has not been amended in time the petitioner cannot include in his particulars or give evidence of offences alleged to have been committed after the date of the petition. Cremer v. Lowles, [1896] 1 Q. B. 504; 65 L. J. Q. B. 289; 74 L. T. (N.S.) 42; 44 W. R. 629; 60 J. P. 100. 26 (1.) Before leave for the withdrawal (a) of a municipal Sect. 26 (1). election petition is granted, there shall be produced affidavits by Withdrawal all the parties to the petition and their solicitors, but the High of election Court may on cause shown dispense with the affidavit of any petition. particular person if it seems to the court on special grounds to be just so to do. (2.) Each affidavit shall state that, to the best of the deponent's knowledge and belief, no agreement or terms of any kind whatsoever has or have been made, and no undertaking has been entered into, in relation to the withdrawal of the petition; but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set forth that agreement, and shall make the foregoing statement subject to what appears from the affidavit. (3.) The affidavits of the applicant and his solicitor shall further state the ground on which the petition is sought to be withdrawn. (4.) If any person makes any agreement or terms, or enters into any undertaking, in relation to the withdrawal of an election petition, and such agreement, terms, or undertaking is or are for the withdrawal of the election petition in consideration of any payment, or in consideration that the seat shall at any time be vacated, or in consideration of the withdrawal of any other election petition, or is or are (whether lawful or unlawful) not mentioned in the aforesaid affidavits, he shall be guilty of a misdemeanor, and shall be liable on conviction on indictment to imprisonment for a term not exceeding twelve months, and to a fine not exceeding two hundred pounds. (5.) Copies of the said affidavits shall be delivered to the Director of Public Prosecutions (b) a reasonable time before the application for the withdrawal is heard, and the court may hear the Director of Public Prosecutions or his assistant or other representative (appointed with the approval of the Attorney-General), in opposition to the allowance of the withdrawal of the petition, and shall have power to receive the evidence on oath of any person or persons whose evidence the Director of Public Prosecutions or his assistant, or other representative, may consider material. (6.) Where in the opinion of the court the proposed withdrawal of a petition was the result of any agreement, terms, or undertaking prohibited by this section, the court shall have the same power with respect to the security as under section ninety-five of the Municipal Corporations Act, 1882 (c), where the withdrawal is 45 & 46 Vict. induced by a corrupt consideration. (7.) In every case of the withdrawal of an election petition by leave of the election court (d), such court shall report in writing to c. 50. Sect. 26 (7). the High Court whether, in the opinion of such election court, the withdrawal of such petition was the result of any agreement, terms, or undertaking, or was in consideration of any payment, or in consideration that the seat should at any time be vacated, or in consideration of the withdrawal of any other election petition, or for any other consideration, and if so, shall state the circumstances attending the withdrawal. Continuation of trial of election petition. Attendance of Public on trial of election (8.) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors. (a) As to the procedure for withdrawal of a petition, see s. 95 of the Municipal Corporations Act, 1882, ante, p. 306, and rr. 58-62, post. (b) The Solicitor to the Treasury is now the Director of Public Prosecutions. 47 & 48 Vict. c. 58. (c) See sub-s. (4) of the section referred to, ante. (d) See s. 92 of the Municipal Corporation Act, 1882, ante, p. 302. 27. The trial of every municipal election petition shall, so far as is practicable consistently with the interests of justice in respect of such trial, be continued de die in diem on every lawful day until its conclusion. As to the adjournment of the trial, see s. 93, sub-s. (3), of the Municipal Corporations Act, 1882, ante, p. 303. 28.-(1.) On every trial of a municipal election petition (a) the of Director Director of Public Prosecutions (b) shall by himself or by his Prosecutions assistant, or by such representative as hereinafter mentioned, attend at the trial, and it shall be the duty of such Director to obey any directions given to him by the election court (c) with respect to the summoning and examination of any witness to give evidence on such trial, and with respect to the prosecution by him of offenders, and with respect to any person to whom notice is given to attend with a view to report him as guilty of any corrupt or illegal practice. petition, and prosecution by him of offenders. (2.) It shall also be the duty of such Director, without any direction from the election court, if it appears to him that any person is able to give material evidence as to the subject of the trial, to cause such person to attend the trial, and with the leave of the court to examine such person as a witness. (3.) It shall also be the duty of the said Director, without any direction from the election court, if he thinks it expedient in the interests of justice so to do, to prosecute, either before the said court or before any other competent court, any person who has not received a certificate of indemnity (d) and who appears to him to have been guilty of a corrupt or illegal practice at a municipal election. (4.) Where a person is prosecuted before an election court for Sect. 28 (4). any corrupt or illegal practice, and such person appears before the court, the court shall proceed to try him summarily for the said offence, and such person, if convicted thereof upon such trial, shall be subject to the same incapacities as he is subject to under this or any other Act (e), upon conviction, whether on indictment or in any other proceeding for the said offence; and further, may be adjudged by the court, if the offence is a corrupt practice, to be imprisoned, with or without hard labour, for a term not exceeding six months, or to pay a fine not exceeding two hundred pounds, and if the offence is an illegal practice, to pay such fine as is fixed by this Act for the offence (ƒ). Provided that in the case of a corrupt practice, the court, before proceeding to try summarily any person, shall give such person the option of being tried by a jury. (5.) Where a person is so prosecuted for any such offence, and either he elects to be tried by a jury or he does not appear before the court, or the court thinks it in the interests of justice expedient that he should be tried before some other court, the court, if of opinion that the evidence is sufficient to put the said person upon his trial for the offence, shall order such person to be prosecuted on indictment or before a court of summary jurisdiction, as the case may require, for the said offence (g); and in either case may order him to be prosecuted before such court as may be named in the order; and for all purposes preliminary and of and incidental to such prosecution the offence shall be deemed to have been committed within the jurisdiction of the court so named (h). (6.) Upon such order being made, appear (a.) If the accused person is present before the court, and the Sect. 28 (6). for the said offence, or if the offence is punishable on summary conviction, shall proceed to hear the case, or if such court be not the court before whom he is directed to be prosecuted shall order him to be brought before that court. (7.) Any order or act of an election court under this section shall not be subject to be discharged or varied under sub-section 45 & 46 Vict. six of section ninety-two of the Municipal Corporations Act, c. 50. 1882 (i). (8.) The Director of Public Prosecutions may nominate, with the approval of the Attorney-General, any barristers or solicitors of not less than ten years' standing, one of whom shall, when required, act as the representative for the purposes of this section of such Director, and when so acting shall receive such remuneration as the Treasury may approve. There shall be allowed to the Director and his assistant or representative, for the purposes of this section, such allowance for expenses as the Treasury may approve. (9.) The costs incurred in defraying the expenses of the Director of Public Prosecutions under this section (including the remuneration of his representatives) shall, in the first instance, be paid by the Treasury, and so far as they are not in the case of any prosecution paid by the defendant, shall be deemed to be expenses of the election court, and shall be paid as the expenses of that court are directed by section one hundred and one of the 45 & 46 Vict. Municipal Corporations Act, 1882, to be paid; but if for any reasonable cause it seems just to the court so to do, the court shall order all or part of the said costs to be repaid to the Treasury by the parties to the petition, or such of them as the court may direct (k). c. 50. (a) This includes an election of county councillors. (b) The Solicitor to the Treasury is now the Director of Public Prosecutions. (c) As to the court, see s. 92 of the Municipal Corporations Act, 1882, ante. (d) See as to this certificate, s. 30, post. (e) See ss. 2, 7, ante. (f) See s. 7, ante. (g) The "evidence" which is to satisfy the court before it makes an order for a prosecution means the evidence given during the trial of the petition. A commissioner was, therefore, held to have acted within his jurisdiction in ordering the prosecution of a person to whom he had refused a certificate of indemnity, and who did not appear, without rehearing the evidence affecting him, and also in issuing a summons under sub-s. (6) (c) of this section for his attendance before a court of summary jurisdiction for the purpose of being formally committed for trial. R. v. Shellard, 23 Q. B. D. 273; 58 L. J. M. C. 142; 61 L. T. (N.s.) 120; 53 J. P. 821; 5 T. L. R. 519. (h) A commissioner ordered persons to be prosecuted in the next county. The order was held valid, although it did not specify the particular nature of the corrupt practice, and although the grand jury of the county where the |