under the grounds for believing, and did believe, the statement made by him to be true.

Act.

Injunction

against

person making

false statement.

Candidate

exonerated

cases of

Any person charged with an offence under this Act, and the husband or wife of such person, as the case may be, shall be competent (f) to give evidence in answer to such charge.

3. Any person who shall make or publish any false statement of fact as aforesaid may be restrained by interim or perpetual injunction by the High Court of Justice from any repetition of such false statement or any false statement of a similar character in relation to such candidate, and for the purpose of granting an interim injunction prima facie proof of the falsity of the statement shall be sufficient.

4. A candidate shall not be liable, nor shall be subject in certain to any incapacity, nor shall his election be avoided, for any illegal practice under this Act committed by his illegal practice by agent other than his election agent (g), unless it can be agents. shown that the candidate or his election agent has authorized or consented to the committing of such illegal practice by such other agent, or has paid for the circulation of the false statement constituting the illegal practice, or unless upon the hearing of an election petition the election Court shall find and report that the election of such candidate was procured or materially assisted in consequence of the making or publishing of such false statements.

Short title.

5. This Act may be cited as the Corrupt and Illegal Practices Prevention Act, 1895, and shall be construed as one with the Corrupt and Illegal Practices Prevention Act, 1883, and that Act and this Act may be cited together as the Corrupt and Illegal Practices Preven tion Acts, 1883 and 1895 (h).

(f) As regards other illegal practices, such a person may be examined "if he or she think fit:" 46 & 47 Vict. c. 51, s. 52 (2), ante, p. 564. Unless the effect of this section is to make a person a compellable witness it is unnecessary: see sect. 5, supra.

(9) Or sub-agent: 46 & 47 Vict. c. 51, s. 25 (2), ante, p. 536, and s. 5, supra.

(h) This Act is not retrospective.

APPENDIX III.

PARLIAMENTARY ELECTION PETITION

RULES.

MICHAELMAS TERM, 1868.

Made 21st Nov., 1868, pursuant to the Parliamentary Elections
Act, 1868.

1. The presentation of an election petition shall be made by Ante, leaving it at the office of the master nominated by the Chief P. 182. Justice of the Common Pleas (a), and such master or his clerk shall (if required) give a receipt which may be in the following

form:

Received on the

day of

at the master's office, a

petition touching the election of A. B., a member for
purporting to be signed by [insert the names of Petitioners].
C. D., Master's Clerk.

With the petition shall also be left a copy thereof for the master to send to the returning officer, pursuant to section 7 of the Act.

2. An election petition shall contain the following state- Ante,

ments:

1. It shall state the right of the petitioner to petition within
section 5 of the Act.

2. It shall state the holding and result of the election, and
shall briefly state the facts and grounds relied on to
sustain the prayer.

p. 181.

3. The petition shall be divided into paragraphs, each of which, Ante, as nearly as may be, shall be confined to a distinct portion of the p. 181. subject, and every paragraph shall be numbered consecutively,

(a) Now, the Lord Chief Justice of England.

Ante, p. 181.

Ante, p. 181.

Ante,

p. 199.

and no costs shall be allowed of drawing or copying any petition
not substantially in compliance with this rule unless otherwise
ordered by the court or a judge.

4. The petition shall conclude with a prayer, as, for instance,
that some specified person should be declared duly returned or
elected, or that the election should be declared void, or that a
return may be enforced (as the case may be), and shall be signed
by all the petitioners.

5. The following form, or one to the like effect, shall be sufficient :

In the Common Pleas (b).

The Parliamentary Elections Act, 1868.
Election for [state the place] holden on the

A.D.

day of

[or of A., of

and B.,

of

The Petition of A., of
as the case may be] whose names are subscribed.
1. Your petitioner A. is a person who voted [or had a right

to vote, as the case may be] at the above election [or
claims to have had a right to be returned at the above
election, or was a candidate at the above election]; and
your petitioner B. [here state in like manner the right of
each petitioner].

day of

A.D.

2. And your petitioners state that the election was holden on
the
when A. B., C. D.,
and E. F. were candidates, and the Returning Officer
has returned A. B. and C. D. as being duly elected.
3. And your petitioners say that [here state the facts and
grounds on which the petitioners rely].

Wherefore your petitioners pray that it may be determined that
the said A. B. was not duly elected or returned, and that the
election was void [or that the said E. F. was duly elected and
ought to have been returned, or as the case may be].

A.
B.

(Signed)

6. Evidence need not be stated in the petition, but the court or a judge may order such particulars as may be necessary to prevent surprise and unnecessary expense, and to insure a fair and effectual trial in the same way as in ordinary proceedings in the Court of Common Pleas (c), and upon such terms as to costs and otherwise as may be ordered.

(6) Now the heading will be, In the High Court of Justice, Queen's Bench Division.

(e) Now the Queen's Bench Division of the High Court.

7. When a petitioner claims the seat for an unsuccessful can- Ante,

didate, alleging that he had a majority of lawful votes, the party p. 203. complaining of or defending the election or return shall, six days before the day appointed for trial, deliver to the master, and also at the address, if any, given by the petitioners and respondent, as the case may be, a list of the votes intended to be objected to, and of the heads of objection to each such vote, and the master shall allow inspection and office copies of such lists to all parties concerned and no evidence shall be given against the validity of any vote, nor upon any head of objection not specified in the list, except by leave of the court or judge, upon such terms as to amendment of the list, postponement of the inquiry, and payment of costs, as may be ordered,

8. When the respondent in a petition under the Act, complain- Ante, ing of an undue return and claiming the seat for some person, p. 206. intends to give evidence to prove that the election of such person was undue, pursuant to the fifty-third section of the Act, such respondent shall, six days before the day appointed for trial, deliver to the master, and also at the address, if any, given by the petitioner, a list of the objections to the election upon which he intends to rely, and the master shall allow inspection and office copies of such lists to all parties concerned: and no evidence shall be given by a respondent of any objection to the election not specified in the list, except by leave of the court or judge, upon such terms as to amendments of the list, postponement of the inquiry, and payment of costs, as may be ordered.

9. With the petition petitioners shall leave at the office of the Ante, master a writing, signed by them or on their behalf, giving the P. 183. name of some person entitled to practise as an attorney or agent in cases of election petitions whom they authorise to act as their agent, or stating that they act for themselves, as the case may be, and in either case giving an address, within three miles from the General Post Office, at which notices addressed to them may be left; and if no such writing be left or address given, then notice of objection to the recognizances, and all other notices and proceedings may be given by sticking up the same at the master's office.

10. Any person returned as a member may at any time after he Ante, is returned send or leave at the office of the master a writing, P. 186, signed by him or on his behalf, appointing a person entitled to practise as an attorney or agent in cases of election petitions to act as his agent in case there should be a petition against him, or stating that he intends to act for himself, and in either case giving an address, within three miles from the General Post Office, at which notices may be left, and in default of such writing being left in a week after service of the petition, notices and proceedings

Ante, p. 183.

Ante, p. 186.

Ante, p. 186.

Ante, p. 186.

Ante,

p. 187.

may be given and served respectively by sticking up the same at
the master's office.

11. The master shall keep a book or books at his office in which
he shall enter all addresses and the names of agents given under
either of the preceding rules, which book shall be open to inspec-
tion by any person during office hours.

12. The master shall upon the presentation of the petition forthwith send a copy of the petition to the returning officer, pursuant to section 7 of the Act, and shall therewith send the name of the petitioner's agent if any, and of the address, if any, given as prescribed, and also of the name of the respondent's agent, and the address, if any, given as prescribed, and the returning officer shall forthwith publish those particulars along with the petition.

The cost of publication of this and any other matter required to be published by the returning officer shall be paid by the petitioner or person moving in the matter, and shall form part of the general costs of the petition.

13. The time for giving notice of the presentation of a petition and of the nature of the proposed security, shall be five days, exclusive of the day of presentation.

14. Where the respondent has named an agent or given an address, the service of an election petition may be by delivery of it to the agent, or by posting it in a registered letter to the address given at such time that, in the ordinary course of post, it would be delivered within the prescribed time.

In other cases the service must be personal on the respondent, unless a judge, on an application made to him not later than five days after the petition is presented on affidavit showing what has been done, shall be satisfied that all reasonable effort has been made to effect personal service and cause the matter to come to the knowledge of the respondent, including when practicable, service upon an agent for election expenses, in which case the judge may order that what has been done shall be considered sufficient service, subject to such conditions as he may think reasonable.

15. In case of evasion of service the sticking up a notice in the office of the master of the petition having been presented, stating the petitioner, the prayer, and the nature of the supposed security, shall be deemed equivalent to personal service if so ordered by a judge.

16. The deposit of money by way of security for payment of costs, charges, and expenses payable by the petitioner shall be made by payment into the Bank of England to an account to be opened there by the description of "The Parliamentary Election Act, 1868, Security Fund," which shall be vested in and drawn

APE