PRACTICES. candidate thereat, or the offence of treating or undue CORRUPT influence is reported to have been committed by any candidate, he is not capable of ever being elected to or sitting for that constituency, and if elected, his election is void; and he is further subject to the same incapacities as if he had been convicted on an indictment of a corrupt practice section 4, set out post, p. 525. As to the incapacities arising upon conviction, see infra. of candi Where upon the trial of an election petition any candi- By agent date is reported to have been guilty by his agents of any date. corrupt practice in reference to such election, he is not capable of being elected to or sitting for that constituency for seven years, and if elected his election is void: section 5, set out post, p. 525. convicted Where any person is convicted on indictment of a Person corrupt practice in reference to any election he is incap- of. able of being elected or of sitting for seven years, and if elected his election is vacated: section 6 (4), set out post, p. 526. reported as Where any person is reported by an Election Court Person or by Election Commissioners to have been guilty of guilty of. any corrupt practice at an election he is, whether he obtained a certificate of indemnity or not, subject to the same incapacity as if he had been convicted of such offence, provided that a report of Election Commissioners is not to avoid the election of any candidate declared duly elected by an Election Court: section 38 (5), set out post, p. 548. sections. The effect of these sections is that a candidate, who is Effect of reported under section 4, is incapacitated for seven years from being elected for any constituency, and for ever from sitting for the constituency where the corrupt practice took place; that a candidate who is reported under section 5 as guilty by his agent is incapacitated during seven years from the date of the report from being elected for the constituency where the corrupt practice took place; and that any person who is convicted on indictment, or who is reported by an Election Court or by Election Commissioners, is incapacitated for PRACTICES. CORRUPT being elected to any constituency for seven years. These incapacities are imposed in addition to the election being avoided. The proviso in section 38, sub-section (5), meets the possibility of an Election Court acquitting a respondent of the corrupt practices charged against him in a petition, and Election Commissioners subsequently reporting him as guilty; in such a case neither the validity of his election nor his capacity for sitting for. the constituency during the Parliament for which he was elected, is affected by the report of the Election Commissioners. Report, what sufficient. At municipal and other In Grant v. Overseers of Pagham, 3 C. P. D. 80; 2 H. & C. 358; 47 L. J., C. P. 59, it was held that in order to bring a candidate within section 43 of 31 & 32 Vict. c. 125 (for which section 4 of 46 & 47 Vict. c. 51, is now substituted), he must be found by the report of the election judge to have been guilty, and that it was not enough that the judge stated facts from which his guilt might be inferred. The principle of this decision. still applies, and the finding by the report must be strictly in accordance with the words of the section. Similar incapacities for being elected to Parliament arise from being convicted or reported guilty of any elections. corrupt practice at a municipal election or at any of the elections mentioned below. By 47 & 48 Vict. c. 70, sections 2 (2), 3 (1), and 23, such a conviction or report subjects the offender to the same incapacities as if the corrupt practice had been committed at a parliamentary election. The above sections have been applied to county council elections by 51 & 52 Vict. c. 41, s. 75; to elections of members of school boards, and of Improvement Commissioners, by 47 & 48 Vict. c. 70, s. 36; and to elections of parish and district councils, and of boards of guardians, by 56 & 57 Vict. c. 73, s. 48 (3). The Election Court may, under certain circumstances capacities. by their report, exonerate an innocent candidate from the consequences of the corrupt practices of treating and undue influence, if committed by his agents at a parliamentary election: see 46 & 47 Vict. c. 51, s. 22, set out post, p. 534, and "Relief," post, p. 232. Relief from in PRACTICES. Similar relief may be given in reference to any of the CORRUPT other elections mentioned above, under 47 & 48 Vict. c. 70, s. 19. Where a conviction or report has been obtained by means of perjury, whether at a parliamentary or at any of the other above elections, the incapacities consequent thereon may be removed on application to the High Court: 46 & 47 Vict. c. 51, s. 46, set out post, p. 560, and 47 & 48 Vict. c. 70, s. 30. ment of A further incapacity arises under 31 & 32 Vict. c. 125, Employs. 44 (set out post, p. 476), which provides that where on corrupt the trial of a parliamentary election petition any candi- agent. date is proved to have personally engaged as a canvasser or agent for the management of the election, any person, knowing that he has within seven years been found or reported guilty of any corrupt practice, the election of such candidate is to be void. It is not necessary to prove an actual engagement of such a person by the candidate himself; it is sufficient to prove that it was done with his knowledge and consent: see North Norfolk, 1 O'M. & H. 238; Norwich, 2 O'M. & H. 41; Galway, ibid, 197; and Westminster,10'M. & H. 89. See also the first-mentioned case as to the meaning of "agent for the management of the election." As to what are illegal practices, see Chapter post, on "Illegal Practices." ILLEGAL PRACTICES. of candi guilty of. Where upon the trial of an election petition an illegal Incapacity practice is reported to have been committed by or with date perthe knowledge and consent of any candidate, he is not capable of being elected to or sitting in the House of Commons for the county or borough for seven years, and if he has been elected his election is void: 46 & 47 Vict. c. 51, s. 11 (a), set out post, p. 528. If the report is that a candidate has been guilty by Of candidate guilty his agents of any illegal practice, he is not capable of by his being elected to or sitting in the House of Commons for agents. the county or borough during the Parliament for which PRACTICES. ILLEGAL the election was held, and if he has been elected, his election is void: 46 & 47 Vict. c. 51, s. 11 (b), set out post, p. 529. Relief from Therefore a candidate becomes disqualified for being elected to the constitutency where illegal practices have taken place, for seven years, if reported personally guilty of illegal practices, or during the Parliament for which the election was held, if reported guilty by his agents, and, in either event, if he has been elected his election is void. It will be noticed that a candidate is thus rendered liable for the illegal practices of all persons who may, on the trial of an election petition, be held to be his agents. To this liability an exception is made by section 9 (set out post, p. 528), which provides that a candidate shall not be liable, nor shall his election be avoided, for illegal practices committed by his agent other than his election agent under that section, viz., voting (if prohibited) or procuring any prohibited person to vote, or publishing false statements of the withdrawal of a candidate for the purpose of procuring the election of another. And certain offences are not illegal practices unless committed by the candidate or his election agent. Thus, the offences of incurring expenses beyond the maximum allowed, of publishing placards without the name and address of the printer and publisher, and of illegal payment, employment or hiring, are made illegal practices if done by the candidate or his election agent: see sections 8, 18, and 21 (2), set out post, pp. 527, 532, 533. If, however, sub-agents are appointed by an election agent, then the term "election agent," as used in the above sections, must be taken to include a sub-agent as regards things done by him in his polling district: see section 25 (2) post, p. 536. And anything so done by a sub-agent which, if he were an election agent, would be an illegal practice, is an illegal practice, and imposes the like incapacity upon the candidate as if it were done by the election agent. In order to prevent the Act of 46 & 47 Vict. c. 51, PRACTICES. from pressing too hardly on candidates and others, ILLEGAL sections 22, 23, and 34, which give the Court power to grant relief under certain circumstances, were passed: incapaci see "Relief," post, p. 232. Where a report has been obtained by means of perjury the incapacities consequent thereon may be removed on application to the High Court: 46 & 47 Vict. c. 51, s. 46, set out post, p. 560. ties in certain cases. It has been a question whether a vote of expulsion EXPULSION from the House of Commons disqualifies. King's Lynn, 6th March, 1711.-Mr. Walpole having been expelled, was again returned. Resolved :-That he was incapable of serving in that Parliament; and a new writ was ordered: 17 Journ. 128. OF MEMBER. Middlesex, 3rd February, 1769.-Mr. Wilkes was expelled for a libel on the House. A new writ was issued, when he was re-elected. Upon this return, the House resolved (17th February), that inasmuch as he had been in that session expelled the House, he was incapable of being elected to serve in that Parliament; and they ordered a new writ. He was again returned on the two following occasions, and on the last it was resolved (15th April) that Mr. L., who had stood with him on that occasion, ought to have been returned (32 Journ. 178, 228, 387); and the return was amended accordingly. But on 3rd May, 1782, the House ordered the above-mentioned vote of 17th February to be expunged, as unfit to remain on their Journals, "being subversive of the rights of the whole body of electors of this kingdom": 38 Journ. 977. Northampton, 22nd February, 1882.-Mr. Bradlaugh was expelled for disobeying the orders of the House. He was re-elected. The House affirmed its previous resolution of 22nd June, 1880, that Mr. Bradlaugh be neither allowed to take the oath nor to affirm, on the ground that he was a professed atheist. In 1884 he accepted the stewardship of the Chiltern Hundreds, and so vacated his seat. He was again re-elected. The House |