EMPLOYMENT, AND HIRING. PRACTICES. such person is prohibited by that or any other Act ILLEGAL from voting, he is guilty of an illegal practice. If such a person votes he is guilty of a misdemeanour : 30 & 31 Vict. c. 102, s. 11, post, p. 452. In the Stepney case it was shown that persons who, by reason of being employed at the election, were disqualified, did vote, and that the election agent did not take sufficient trouble to prevent their voting. Held, that his conduct did not amount to procuring them to vote, although he neglected his duty in not warning them against voting: 4 O'M. & H. 178; Day's El. Cas. 117. false statement of with By sub-section 2, any person who, before or during an Publishing election, knowingly publishes a false statement of the withdrawal of a candidate at such election for the pose of promoting or procuring the election of another candidate, is guilty of an illegal practice. pur To prevent these two sub-sections from pressing too hardly upon a candidate, sub-section 3 provides that he is not liable, nor is his election to be avoided, for any illegal practice under that section unless committed by his election agent (or sub-agent, section 25). drawal. address of Section 18 makes it an illegal practice in the candi- Name and date, election agent (or sub-agent, section 25), or in any printer on other person an offence with a maximum penalty of 1007., plac placards, to print, publish, or post, any bill, placard, or poster, which does not bear on its face the name and address of the printer or publisher. Although this illegal practice has frequently been committed, no election has been avoided by it, relief having invariably been given to the respondent; as regards relief to the printer, see ante, p. 235. As to what is sufficient evidence of printing, or causing to be printed, see Bettesworth v. Allingham, 16 Q. B. D. 44; 34 W. R. 296; 50 J. P. 55. It has not been decided what a "bill" is. The word, however, is a very wide one: see Barrow-in-Furness, 4 O'M. & H. 78. ILLEGAL PRACTICES. of expenses By section 28, all election expenses (subject to the proviso) are to be paid by or through the election agent, Payment and all money provided for such expenses is to be paid otherwise to the candidate or his election agent: and a person who makes any payment in contravention of the section is to be guilty of an illegal practice. It is to be observed that the word "knowingly" is not used in this section: see ante, p. 339. than through election agent. Improper payment of expenses. Return An illegal practice has been held to have been committed, where a person who was not the election agent, had paid out of his own pocket 197. 18s. for the posting and distribution of placards which were intended to operate in favour of the candidature of the sitting member, the amount being too large to be covered by the proviso to the section: Norwich, 4 O'M. & H. 89. See as to this section and proviso, ante, p. 164. There have been many other instances of the payment of election expenses otherwise than through the election agent, but relief has in every case been granted: e.g., Hexham, Stepney, Day's El. Cas. 96, 117. An election agent (or sub-agent, section 25) who makes a payment in contravention of section 29, is guilty of an illegal practice. Again, the word "knowingly" is omitted. This section forbids payment : (a) Of election expenses except those under forty shillings, unless vouched for by a bill stating the particulars and the receipt; (b) Of claims for election expenses not sent in within fourteen days after the declaration of election; (c) Of election expenses after twenty-eight days after the declaration of election. Sub-section 6 exonerates an innocent candidate from the penal consequences of the section. A candidate or his election agent who fails to comply and decla- with the requirements of section 33 is guilty of an ration. illegal practice unless he has an authorized excuse: section 33 (6). This section requires a return and declaration to be made within a certain time; these matters have been fully considered, ante, p. 147. ILLEGAL PRACTICES. statements As to when the making or publishing a false state- False ment of fact in relation to the personal character or concerning conduct of a candidate is an illegal practice, see the a candirecent Act, and notes thereto, post, p. 626a. date. PAYMENT. The sections of the Act creating the offences of illegal ILLEGAL payment, illegal employment, and illegal hiring, will now be treated of. These offences are not illegal practices, unless committed by the candidate, his election agent or sub-agent: sections 21 (2) and 25 (2). By section 13, a person who knowingly provides Providing money for any payment contrary to the provisions of the money for prohibited Act, or for any expenses incurred in excess of any payment. maximum amount allowed by the Act, or for replacing any money expended in any such payment or expenses, except where the same may have been previously allowed as an exception, is guilty of illegal payment. As to what are legal expenses, see ante, p. 159. By section 15, any person who corruptly induces or For corrupt withprocures any other person to withdraw from being a drawal candidate in consideration of any payment or promise from canof payment, is guilty of illegal payment, as is also any person withdrawing in pursuance thereof. didature. banners, Any person who makes a payment in contravention of For bands, section 16, is guilty of illegal payment, as is also any cockades, person who is a party to any contract for such payment, &c. or receives such payment, if he knew the same was made contrary to law. This section forbids any payment, or contract for payment, for the purpose of promoting or procuring the election of a candidate, on account of bands of music, torches, flags, banners, cockades, ribbons or other marks of distinction. The giving or providing cockades, ribbons, or marks PAYMENT. ILLEGAL of distinction is prohibited by 17 & 18 Vict. c. 102, which enacts by the 7th section that no candidate before, during, or after an election, by himself or agent, shall provide for any voter or inhabitant of the county or place where the election is held, any cockade, ribbon, or other mark of distinction, and that any person so providing, &c., shall be liable to a penalty of 21. for each offence to any person who shall sue for the same. / But the giving or providing bands of music, torches, In Walsall, 4 O'M. & H. 127; Day's El. Cas. 109, an These cards were returned by the election agent as "hat cards." A reduced facsimile of one of them is given below. PAYMENT. In East Clare, where certain cards were held not to ILLEGAL be marks of distinction, O'Brien, J., commented adversely upon the Walsall case: 4 O'M. & H. 163; Day's El. Cas. 164. In Pontefract the judges differed as to whether certain cards were hat cards, and, therefore, marks of distinction see 4 O'M. & H. 200; Day's El. Cas. 127, 130. There was evidence that they had been used as polling cards as well as worn in hats. Below is given a reduced facsimile of the card. Reckitt X Printed and Published by E. W. Hepworth, Aire Street, Knottingley. Hawkins, J., distinguished these cards from those in the Walsall case, inasmuch as the latter were made, ordered, and used as hat cards, and paid for by the respondent's election agent with the knowledge of the use made of them, and of the purpose for which they were ordered: 4 O'M. & H. 200; Day's El. Cas. 127. It will be noticed also that the shapes of the two cards materially differ. In Stepney, 4 O'M. & H. 179; Day's El. Cas. 119, strips of canvas stretched across the street from houses on either side were held to be "banners" within this section; but the Court granted relief. Vaughan Williams, J., further held that for a banner to be within the section it must also be "a mark of distinction": 4 O'M. & H. 181; Day's El. Cas. 123. For banners. rosettes. In Pontefract, a charge in reference to certain yellow For rosettes which were used at the election failed on the ground that there was no evidence of payment, or contract for payment, for them: Day's El. Cas. 127. In Hexham it was said that the payment of bands For for playing before the election was not an offence: ibid., 95. bands. |