payments made in excess of the maximum (p. 469). Other illegal practices are inducing a prohibited person to vote (p. 470), publishing a false statement of the withdrawal of a candidate, and issuing placards without the printer's name and address (p. 474). Illegal practices are further punishable on summary conviction by fine, and incapacity for voting for five years (p. 471). A third class of electoral offence consists of illegal payments, employment, and hiring. Illegal payments consist of providing money in excess of the maximum allowed for the election, payment to induce a candidate to withdraw, payment for bands, cockades, &c., the gift of which is forbidden (p. 415), and payment of persons employed (as canvassers or otherwise) in promoting a candidate's election other than the persons specially allowed. Lending or borrowing hackney carriages, or carriages kept for hire, for conveying voters is an illegal hiring. Engaging promoters of a candidature in an unauthorized capacity, hiring licensed premises, non-political clubs, refreshment houses and schools, as committee rooms are illegal hirings. The punishment for this class of offence is a fine, and, if the candidate is personally guilty, an illegal practice avoiding the seat is committed (p. 475). There is a distinction as regards the seat between illegal payments, which are illegal practices per se, such for example as a payment for the conveyance of electors made for the purpose of procuring an election, and illegal payments, such as a payment for cockades, in that the former avoid the election if committed by an agent, whereas the latter are not illegal practices, and do not avoid the election, unless committed by the candidate personally (p. 475). There are provisions allowing the Election Court to excuse the candidate from the consequences of treating, undue influence, and illegal practices by an agent, if they are done contrary to orders, and reasonable means were taken to prevent the occurrence, the offence was trivial, and the election otherwise pure (p. 475). Again, if a prima facie illegal practice arise from accident or other reasonable cause, the Election Court or the High Court may relieve. Further means are taken for the purity of elections by providing that justices of the peace reported guilty of corrupt practices may be dealt with by the Lord Chancellor, barristers and solicitors by their Inns of Court or the High Court, and licensed victuallers by the licensing justices (p. 486). Voters incapacitated by corrupt or illegal practices are to be kept out of the lists by the registration officer (p. 487). THE ELECTION PETITION. The validity of an election is tried before an Election Court consisting of two judges, set in motion by an election petition. The petition is signed by a voter, or claimant of a vote, or a candidate, and must ordinarily be presented within twenty-one d days after the return of the writ to the Clerk of the Crown (p. 523), or, if an illegal practice be alleged, fourteen days after the return of election expenses (p. 489), or if corrupt or illegal practices are alleged, together with a payment or other act in furtherance of the practice since the return of the writ, or the return of election expenses, the petition may be presented within twenty-eight days of the alleged payment or act. The time for petitioning in respect of an illegal practice is thus greatly extended by the Act of 1883, possibly amounting to fourteen days after the thirty-five limited for the return of expenses. Security to the amount of £1000 must be given (p. 523). Careful provision is made against the corrupt withdrawal of a petition once presented (p. 490). The form of the petition, and the practice in regard to it, is provided in detail by rules of court made by the judges (p. 539). The petition is tried in the borough or county, and the procedure is similar to that in use at the Assizes, and the two judges who try the petition may reserve questions of law for the decision of the High Court (p. 528). A considerable extension of the duties of the judges at the trial of an election petition was made by the Act of 1883, when the Public Prosecutor or his assistant was required to attend, with a view both to subsequent proceedings elsewhere, and to the summary prosecution of offenders before the Election Court (p. 491). A person before he is so prosecuted must be summoned before the Court, and has the option of a jury, and if he elect to be so tried an indictment may be ordered, and he may be committed for trial. Otherwise he may be convicted and sentenced by the Election Court. A witness summoned before an Election Court is obliged to answer incriminating questions, but he may receive an indemnity, and thereupon an answer given by him is not evidence, except upon an indictment for perjury (p. 499); but a solicitor acting in the petition who has taken no part in the election cannot be compelled to answer as to matters which came to his knowledge professionally. At the conclusion of the trial of the election petition the judges make their certificate and report. The certificate (p. 527) states whether the member whose return is complained of, or any other person was duly elected, or whether the election was void. The report (pp. 471, 527) states whether any corrupt or illegal practice has been proved to have been committed with the knowledge or consent of a candidate, or whether any illegal practice has been committed by an agent, the names of persons proved to have been guilty of a corrupt or illegal practice, and whether corrupt or illegal practices have, or there is reason to believe that they have, extensively prevailed at the election. There may also be a special report to the Speaker of any matter which ought to be submitted to the House of Commons. Qualification of county electors by Forty-Shilling county PAGE 2 The Forty-Shilling Freehold to be within the 4 4 5 6 25, Disqualification of infants-Restriction on faggot 10 Geo. 4, c. 44, s. 18 2 Will. 4, c. 45 (Reform Act, 1832) 2 & 3 Vict. c. 71, s. 6 93 5 & 6 Vict. c. 35, s. 184 6 Vict. c. 18, ss. 73-8 11 & 12 Vict. c. 90. 19 & 20 Vict. c. 69. 30 & 31 Vict. c. 84, 8. 26. 30 & 31 Vict. c. 102 (Representation of the People Act, 1867) votes. Further restriction on faggot-votes The Forty-Shilling Freehold to have been held The same as to counties of towns Penalty for ante dating admission of freeman Voting by second husband of woman entitled to The potwaller's, &c., qualification for boroughs to Disqualification of metropolitan police. 879 33 34 Qualification for borough franchise by occupation Enfranchisement of revenue collectors 33 & 34 Vict. c. 23. Disqualification on conviction for felony 34 35 46 46 46 51 52 B 33 & 34 Vict. c. 75. 26 42 & 43 Vict. c. 10. 46 & 47 Vict. c. 51. 48 Vict. c. 3. (Re- 48 Vict. c. 15 (Registration Act, 48 & 49 Vict. c. 23, Seats Act, 1885) 8 Hen. 6, c. 7. 8 Hen. 6, c. 7. who shall be Electors shall have forty shillins a year freehold. What Sort of Men shall be Choosers, and chosen Knights of the Parliament. [A.D. 1429. Also, whereas the elections of knights of shires chosen to come to the Parliaments of our lord the King, in many counties of England, have now of late been made by very great outragious and excessive number of people dwelling within the same counties of the realm of England, of the which most part was by people of small substance, or of no value, whereof every of them pretended to have a voice equivalent, as to making such elections, with the most worthy knights and esquires dwelling within the same counties, whereby manslaughters, riots, batteries, and divisions among the gentlemen, and other people of the same counties, shall very likely rise and be, unless convenient and due remedy be provided in this behalf: our lord the King, considering the premises, hath provided, ordained, and established, by authority of this pre-ent Parliament, That the knights of the shires to be chosen within the realm of England to come to the Parliaments of our lord the King hereafter to be holden, shall be chosen in every county of the realm of England, by people dwelling and resident in the same counties, whereof every one of them shall have free land or tenement to the value of forty shillings by the year at the least above all charges; and that they which shall be so chosen shall be dwelling and resident within the same counties. Provided always, that he which cannot expend forty shillings by year, as afore is said, shall in no wise be chooser of the knights for the Parliament. Prior to this enactment, the qualification to elect appears, under 7 Hen. 4, 8 Hen. 6, c. 7. c. 15 (repealed impliedly by this enactment, and expressly by the Ballot Act, 1872), to have been possessed by all present at the county court, "as well suitors, as others," summoned by proclamation. This enactment (here printed with omission of words repealed by Ballot Act, 1872) up to 1832 remained the principal qualification Act for counties, the Act of 1832 being the first to give the occupation franchise for counties. It applies to freeholds only, which term includes both freeholds for the life of the holder and freeholds for the life of another, and also rent-charges. Amendments of Law.] Qualification by ownership for life or lives restricted to occupiers by s. 18 of Act of 1832, p. 13. Six months' possession required by s. 26 of Act of 1832, p. 16. Registration required by Act of 1843, p. 74. Receipt of parochial relief a disqualification by s. 40 of Act of 1867, p. 43. Qualification by rent-charges and double ownership restricted by s. 4 of the Act of 1884, p. 60. By people.] Women are disqualified at common law, and cannot vote for counties under this statute, any more than they can for boroughs under s. 3 of the Act of 1867, p. 35: Chorlton v. Kessler, L. R. 4 C. P. 397. Dwelling and Resident.] So much as relates to the residence of persons to be elected members, or of the persons by whom they are to be chosen, is repealed by 14 Geo. 3, c. 58, which latter statute is itself repealed by the Statute Law Revision Act, 1871, but not (see 13 & 14 Vict. c. 21, s. 5) so as to revive the portion of this Act repealed thereby. Free Land or Tenement] These words include a rent-charge: Dodds v. Thompson, L. R. 1 C. P. 133; 35 L. J. C. P. 97, although there be no power to distrain for it (ib.), and although there may be a power to distrain which is nugatory: Dawson v. Robbins, 2 C. P. D. 38; 46 L. J. C. P. 62; but a rent-charge below £5 granted by a tenant for life is not within the exceptions of the amending s. 18 of the Act of 1832 as amended by s. 5 of the Act of 1867, and therefore such a rent-charge does not confer a vote: Druitt v. Christ Church Overseers, 12 Q. B. D. 365; 35 L. J. Q. B. 144; 32 W. R. 371; 1 Colt. 328. The words clearly include ecclesiastical freeholds, and even a perpetual curacy: Wallis v. Birks, L. R. 5 C. P. 222, bas been held to give at least an equitable freehold; but the words do not include the interest of an incumbent in a fixed sum paid by the ecclesiastical commissioners: Kirton v. Dear, L. R. 5 C. P. 217; 39 L. J. C. P. 36; 22 L. T. 268; H. & C. 349; nor that of the "six preachers" of Canterbury Cathedral: Hall v. Lewis, 4 C. B. (N.S.) 106; nor that of a parish clerk in respect of his fees for opening graves: Bushell v. Eastes, 11 C. B. (N.S.) 106; nor a right to sit in a pew: Hinde v. Chorlton, L. R. 2 C. P. 104; Brumfitt v. Roberts, L. R. 5 C. P. 224; 39 L. J. C. P. 95; or a right to shares in a bridge: Wadmore v. Dear, L. R. 7 C. P. 212; or the profits of an ordinary joint stock company: Bulmer v. Norris, 30 L. J. C. P. 25. In Philips v. Salmon (L. R. 3 C. P. 97) it was held that the occupant of an apportioned plot of the waste of a manor had a sufficient freehold interest. Value.] This means what the land may, not necessarily only what it does, produce: Astbury v. Henderson, 15 C. B. 251; 24 L. J. C. P. 20. Forty Shillings.] This may be made up by several parcels each below the forty shillings Wood v. Hopper, 1 C. P. D. 192; 45 L. J. C. P. 108. Above all charges.] Not including public taxes (18 Geo. 2, c. 18, s. 6, p. 7, post), nor payments redounding to the permanent, benefit of the owner: Rolleston v. Cope, L. R. 6 C. P. at p. 301, as outlay for laying on water: Buckley v. Wrigley, L. R. 7 C. P. 185; but including expenses of collecting rents: Hamilton v. Boss, 22 L. J. C. P. 29 ; 12 C. B. 631; Sherlock v. Steward, 29 L. J. C. P. 87; 7 C. B. (N.S.) 21, and ordinary repairs: Buckley v. Wrigley, supra; also water rates and local rates: Moorhouse v. Gilbertson, 23 L. J. Č. P. 19; 14 C. B. 70; and generally all annual charges necessarily incurred in realising the rent if the freehold be let, and all mortgage interest although the mortgage secure principal only: Lee v. Hutchinson, 8 C. B. 18, but not pay |