Before a person, not a petitioner or candidate Secs. 11, 12. claiming the seat, can be reported by the Court, he must be given an opportunity of defending himself against the charges brought against him. See s. 38 (1). As to the effect to be given to the Report of the Election Judges, it is provided by the P. E. Act, 1868, s. 13, that "the House of Commons, on being "informed by the Speaker of such certificate and "report, or reports, if any, shall order the same to "be entered in their journals, and shall give the "necessary directions for confirming or altering the "return, or for issuing a new writ for a new election, or for carrying the determination into execution, "as circumstances may require." And "where the Judges make a special report, the House of "Commons may make such order in respect thereof as they think proper" (s. 14). 66 66 Moreover, the Public Prosecutor is to attend the trial of election petitions, and obey any directions given to him by the Court, either for summoning witnesses or for prosecuting offenders (s. 43); and he is also to act upon any information given to him that any corrupt or illegal practices have prevailed in reference to any election (s. 45). The report of the Election Court or Commissioners is also to state whether the persons reported have, or not, received certificates of indemnity, and is further to be submitted to the Attorney-General, with a view to his instituting such prosecutions as he may deem necessary (s. 60). 12. Whereas by the Election Commissioners Act, 1852, as Extension of amended by the Parliamentary Elections Act, 1868, it is 15 & 16 Vic. enacted that where a joint address of both Houses of Parlia- election c. 57, respecting Sec. 12. commissioners to illegal practices. 15 & 16 Vic. c. 57. 31 & 32 Vic. c. 125. 15 & 16 Vic. c, 57. Election ment 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 (a) 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 (b) as are necessary for giving effect to this section, and the expression "corrupt practice" in that Act shall have the same meaning (c) as in this Act. This section extends to illegal practices the provisions respecting corrupt practices contained in the Election Commissioners Act, 1852 (15 & 16 Vic. c. 57), as amended by the Parliamentary Elections Act, 1868 (31 & 32 Vic. c. 125, ss. 15 and 56). The former Act (App. p. 333) provides for the appointment of Commissioners to make inquiry into the existence of corrupt practices upon the report of an election committee, and their reports are to be laid before Parliament within one calendar month after they have been made (s. 7). The latter Act (s. 15) provides that the same course shall be pursued upon a similar report of the election Judges, and further enacts (s. 56) that Commissioners may similarly be appointed for the same purpose, upon petition to the House of Commons, presented within 21 days Secs. 12, 13. after the return of a member, or within 14 days after the meeting of Parliament, and signed by any two or more of the electors, and alleging that corrupt practices have extensively prevailed. (a) “Being qualified," &c., i.e., “(where the inquiry to be made relates to a place in England or Ireland) barristers-at-law of not less than seven years' standing; or (where such inquiry relates to a place in Scotland) advocates of not less than seven years' standing; and not being members of Parliament, or holding any office or place of profit under the Crown, other than that of a Recorder of any city or borough" (15 & 16 Vic. c. 57, s. 1). (b) With such modifications, &c.-Further modifications will be necessary in consequence of s. 49 of this Act, which forbids any inquiry by Commissioners after the passing of this Act into elections held before that Act. See note on p. 336. (c) "The same meaning," &c, i.e., it will include a false declaration as to election returns (s. 33, subsec. 7), as well as the four principal corrupt practices. See s. 3. For the incapacities, &c., resulting from the report of the Commissioners, see ss. 10 & 38. Illegal Payment, Employment and Hiring. be illegal 13. Where a person (a) knowingly provides money (b) for Providing of any payment which is contrary to the provisions of this money for illegal practice Act (c), or for any expenses in excess of any maximum (d) or payment to amount allowed by this Act, or for replacing any money payment. expended in any such payment or expenses, except where the same may have been previously (e) allowed in pursuance of this Act to be an exception (ƒ), such person shall be guilty of illegal payment. Sec. 13. "Illegal Payment," &c.-The offences coming under this head do not avoid the election, unless committed by the candidate or his election agent, when they become punishable as illegal practices, s. 21 (2). Section 8 made it an illegal practice for a candidate or election agent knowingly to pay sums or incur expenses in excess of the legal maximum. This section (i.) declares the same act in any other persons to be an illegal payment, punishable as provided by s. 21 (1); (ii.) prohibits as an illegal payment the providing of money for any payment which is contrary to the provisions of this Act; or for replacing any money so expended. (a) "Person" includes "an association or body of persons, &c." (s. 64, infra, p. 290). 66 (b) Money."-Not merely hard cash or valuable securities and other equivalents, but also "any office, place, or employment" (s. 64, infra, p. 292); so payment means "any pecuniary or other reward" (ib.). Under s. 28 the providing of any money by any person other than the candidate, whether as gift, loan, advance, or deposit, is itself an illegal practice, unless paid to the candidate or his election agent. (c) "Provisions of the Act," viz., ss. 7, 14-17, 20, 28 and 29. (d) "Maximum." -See Sched. 1, part iv., infra, p. 307. (e) "Previously."-Hence if the money has been knowingly provided before the application under s. 23, to allow it to be an exception, has been granted, the transaction will still be illegal, although sufficient cause might be shown to justify the allowance of the exception. USE OF HACKNEY CARRIAGES, ETC., FORBIDDEN. 149 (f) "Exception."-See s. 23. This section is studiously general as to time. If the money is provided knowingly, it matters not how long before or after an election the transaction takes place. And further, it is not the payment only, but the mere providing of the money which is forbidden. So that the deposit (s. 28) or setting apart of any sum for any such purpose, e.g., with one's bankers, to be drawn against by other parties, would, even in the event of its not being so drawn upon, constitute illegal payment under this section; and so, it is submitted, the drawing of a cheque would be equally illegal, even if it were not cashed. Secs. 13, 14. horses kept 14. (1.) A person shall not let, lend, or employ (a) for the Employment of hackney purpose of the conveyance of electors to or from the poll, any carriages, or of public stage or hackney carriage, or any horse or other animal carriages and kept or used for drawing the same, or any carriage, horse, or for hire. 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. (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 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, (b) for the purpose of being conveyed to or from the poll. (4.) No person shall be liable to pay any duty (c) or to take out a licence for any carriage by reason only of such carriage being used without payment or promise of payment (d) for the conveyance of electors to or from the poll at an election. This section prohibits, as an illegal employment, and hiring, the letting, lending or employing for the conveyance of electors to or from the poll, of public, |