RETURNING election, and the candidate's share thereof: 38 & 39 RETURN OF Vict. c. 84, s. 4; 46 & 47 Vict. c. 51, s. 32 (2). As to OFFICERS what these expenses are, see post, p. 173. EXPENSES. AND The election agent of every candidate is within thirty- RETURN five days after the election to transmit to the returning DECLARAofficer a true return containing : - TION OF ELECTION (a) A statement of all payments made by the election EXPENSES. agent, together with all bills and receipts; (b) A statement of the amount of personal expenses, if any, paid by the candidate; (c) A statement of the sums paid to the returning dispute, of the sum claimed and the amount (d) A statement of all other disputed claims of which (e) A statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court; (f) A statement of all money, securities, and equivalent of money received by the election agent from the candidate or any other person for the purpose of expenses incurred or to be incurred on account of or in respect of the conduct or management of the election, with a statement of the name of every person from whom the same may have been received: 46 & 47 Vict. c. 51, s. 33 (1). The return must be in the form set forth post, p. 585, or to the like effect: ibid. As to what are election expenses, see "Election Expenses," post, p. 157. In making out the return of election expenses, the election agent should follow closely the form given by the Act. In most of the petitions tried in 1892—3, it appeared that the return was incorrect in either form or substance; e.g., in Hexham the description of the clerks, RETURN AND DECLARA TION OF ELECTION messengers and others was insufficient, and in Rochester, Lichfield, and Stepney certain expenses were omitted. But in these and other similar cases relief was granted. EXPENSES. In Rochester, Cave, J., doubted whether the hire of a house for a candidate during the election need be included in his personal expenses; and in Stepney, whether the amount deducted by the returning officer for his charges out of the deposited security need be returned by the election agent; if there had been no deposit, and the election agent had paid these charges, he must have returned the amount: see Day's El. Cas. at pp. 39, 103, 117. Declaration by election agent. Declaration by In the earlier cases the return was frequently incorrect; thus in Buckrose, 4 O'M. & H. 117, the names of the persons from whom the committee rooms had been hired were omitted, and in Norwich, 4 O'M. & H. 90, the names and addresses of clerks and messengers were not inserted, but in both these cases relief was granted: see further "Relief," post, p. 237. In the latter case, Cave, J., said that such a description must be given as would enable them to be identified and distinguished from other persons. The return is to be accompanied by a declaration made by the election agent before a justice of the peace verifying the return: section 33 (2). The declaration must be in the form set forth, post, p. 584. Where the candidate is his own election agent, the return is to be modified accordingly, and the declaration by an agent need not be made, and the declaration by the candidate respecting election expenses is to be modified as specified in the second schedule of the Act: section 33 (3); see post, p. 585. The candidate has also to transmit to the returning candidate. officer, at the same time that the agent transmits his return, or within seven days after, a declaration made by him before a justice of the peace in the form given post, p. 583: section 33 (4). Where Where the candidate is absent from the United absent. Kingdom when the agent transmits his return, he may make the declaration within fourteen days after his return section 33 (8). RETURN AND DECLARA TION OF ELECTION As to the declaration to be made by a candidate nominated in his absence and taking no part in the EXPENSES. election, see post, p. 588. of candi mitted. If the return and declarations are not transmitted Disability before the expiration of the time limited for the purpose, date where the candidate is not, after the expiration of the time, to not transsit or vote in the House of Commons until the same have been transmitted, or until the allowance of an authorized excuse for the failure to transmit the same: section 33 (5). As to what is an authorized excuse, see "Relief," post, p. 237. If he does sit or vote, he is to forfeit 1007. for every day on which he so sits or votes to any person who sues for the same: ibid. The penalties may be recovered by a common informer : Bradlaugh v. Clarke, 8 App. Cas. 354; 52 L. J., Q. B. 505. They cannot be remitted by the Crown: Todd v. Robinson, 12 Q. B. D. 530; 53 L. J., Q. B. 251. The return and declarations must be sent although Must be no expenses have been incurred by the candidate in and made though no about the election; Ex parte Robson, 18 Q. B. D. 336; expenses 55 L. T., N. S. 813 (a municipal election case). incurred. If without such authorized excuse, a candidate or Offences in agent fails to comply with the requirements of sec- relation to. tion 33, he is guilty of an illegal practice: section 33 (6). As to the penalty for an illegal practice, see post, p. 356. false de If a candidate or election agent knowingly makes the Making declaration falsely, he is guilty of an offence, and on claration. conviction on indictment is liable to the punishment for wilful and corrupt perjury: such offence is also to be deemed a corrupt practice within the meaning of the same Act: section 33 (7). As to the penalty and disabilities for a corrupt practice, see post, pp. 290, 307, 334. Where, after the date at which the return respecting Supplementary election expenses is transmitted, leave is given by the return of High Court for any claims to be paid, the candidate or expenses. his election agent is, within seven days after payment AND DECLARA RETURN thereof, to transmit to the returning officer a return of the sums paid in pursuance of such leave, accompanied TION OF by a copy of the order of the Court giving the leave, EXPENSES. and in default he is to be deemed to have failed to ELECTION comply with the requirements of this section, i. e., he would be guilty of an illegal practice: section 33 (9). The returning officer is, within ten days after he receives the return respecting election expenses, to publish a summary of it in not less than two newspapers circulating in the county or borough where the election was held, accompanied by a notice of the time and place at which the return and declarations, &c., can be inspected, and he may charge the candidate, in respect of such publication, the amount allowed by the 38 & 39 Vict. c. 84: 46 & 47 Vict. c. 51, s. 35 (1). For the scale of charges, see post, p. 513. The returning officer is further to keep the return and declarations and accompanying documents, and for two years after he has received them to permit any person to inspect the same on payment of one shilling: 46 & 47 Vict. c. 51, s. 35 (2). Copies may be had at the price of twopence for every seventy-two words: ibid. After two years they may be destroyed, or, if required, returned to the candidate: ibid. AGENT. THE evil consequent on the enormous expense com- ELECTION monly incurred at elections has long been acknowledged. As far back as the year 1696, the Treating Act (7 & 8 Will. 3, c. 4) mentions "the excessive and exorbitant expenses contrary to the laws and in violation of the freedom due to the election of representatives for the Commons of England in Parliament, to the great scandal of the kingdom, dishonourable, and may be destructive to the constitution of Parliament." And, accordingly, the cases in the Journals show, that to check such expenses was one of the objects of that enactment, and of several others which have been passed since. The Corrupt Practices Prevention Act, 1854 (17 & 18 Vict. c. 102), first provided, with this view, for the appointment of an independent third person, called an election auditor, by whom the general election expenses of candidates were to be defrayed, or through whose hands all accounts of such expenses, if paid by others, were to pass, and who was to publish a detailed statement of all such payments, and of all claims made upon the candidate in respect of the election, whether allowed by him or not. No power, however, having been given |