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to prevent the occupiers of shops, &c., from exhibiting in their windows or on their walls any notices or placards they like.

Sec. 7.

rooms.

(e) "Committee Room."-See Sched. 1 (p. 303). Here Committee again the prohibition affects only hired committeerooms. If friends and supporters of a candidate choose to lend rooms for the purposes of the election, they are welcome to do so, provided they are not premises prohibited by s. 20. Section 64 (p. 290) excepts from the term "committee-room" the temporary residence of the candidate, although he may transact the business of the election therein; and also rooms in which public meetings of the electors are held. Although it is not expressly so stated, it may be presumed that the term "committee-room" wouldat least in the case of the central committee-roombe held to apply to a set of offices, with separate clerks' room, and not be limited strictly to a single room; as it is obvious that, for the purposes of an election, a room must frequently be requisite in which the candidate and his supporters can consult together in private. Any question of the kind would doubtless be decided by a consideration of all the circumstances of the case, as to how far the accommodation provided was beyond the actual requirements, and so forth.

(d) "Exception in pursuance of this Act."—See s. 23. (e) "Before, during or after."-See notes, supra, p. 94.

(f) "Any person."-But the rights of creditors, ignorant of the expense, &c., being illegal, are saved under s. 19.

Sec. 8.

Expense in excess of

8.-(1.) Subject to such exception (a) as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by a candidate at an election or his election maximum to be agent, whether before, during, or after an election, (b) on account illegal practice. of or in respect of the conduct (c) or management of such election, in excess of any maximum amount in that behalf specified in the first schedule to this Act.

(2.) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice.

This section makes the payment of any sum or the incurring of any expense by the candidate or his election agent in excess of the statutory maximum, if knowingly done in contravention of the Act, an illegal practice. But, as it may obviously happen that a candidate or his election agent might miscalculate the actual amount requisite for the election, or might even be furnished with estimates by contractors (e.g., for advertisement purposes), which, in the result, turned out to be calculated on a wrong basis, the statutory exception in s. 23 relieves the candidate against the consequences of such miscalculation, upon evidence that it did not "in any case arise from want of good faith." What evidence of good faith will, in such a case, seem to the Court sufficient, it is of course impossible to say; but it is not difficult to see that, in the absence of the strictest honesty, it would almost always be possible to bring an excess of expenditure, unless to a very largely disproportionate amount, within the statutory exception. While, however, the incurring of such expenditure beyond the legal maximum is thus punishable, the liability to pay the money at the suit of the creditor is not removed, provided the creditor was ignorant of the illegality of the transaction at the time when it was entered into (s. 19).

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(a) Subject to such exception, &c.," i.e., primarily the exception allowed under s. 23. But it must also be held to include the exception of the candidates "personal expenses" (s. 64), payment of which by himself is limited to £100 (s. 31, 1), and which are by Sched. 1, part iii., expressly declared to be over and above the maximum scale.

(b) "Whether before, during, or after the Election."— See note p. 94, supra.

Sec. 8.

respect of

management of

(c) "On account of the conduct, &c."-This section Expenses in applies only to candidates and their election agents, conduct and and has in view the expenses connected with a election. particular or impending election, not the expenses generally of a candidature existing before the occasion for a contest arises. Thus, the definition of a "candidate at an election" (s. 63), as

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any

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person
declared by himself or by others
to be a candidate on or after the day of the issue
of the writ for such election, or after the dis-
solution or vacancy in consequence of which such
writ has been issued," will not, in this connection,
include those who are, in frequent cases, publicly
announced as the chosen candidates of a con-
stituency, long before there is any prospect of an
election. For the expense referred to is that on
account of, or in respect of, the conduct or manage-
ment of such election." And such expenses as those
connected with registration or the starting of a news-
paper, (Kennington, 4 O. & H. 93;) and the holding of
public meetings, on occasions perhaps only indirectly
connected with the candidature (e.g., meetings of
political associations, &c. for the purpose of obtaining
a candidate, Norwich, 4 O. &. H. 85, and provided
the respondent was not at the the time a can-
didate, Stepney ib. 38.), would not come within

Secs. 8, 9. the meaning of this expression. But a candidate at an election is also defined as "any person elected to serve in Parliament at such election, and any person who is nominated as a candidate at such election, &c."; and so, where, even before the occurrence of a vacancy or the dissolution of the dissolution of Parliament, the accepted candidate of a constituency commits any corrupt or illegal practice "for the purpose of promoting or procuring his election," he will, whether elected or not, incur the penalties of this Act; as in the Youghal case (1 O. & H. 293) where a person was found guilty of treating as a candidate, for acts done by him in July, although the dissolution did not take place till August (cp. Taunton, 1 0. & H. 183; and Penryn, ib. 127).

Voting by prohibited persons and publishing of false statements of withdrawal to be illegal.

9. (1.) If any person votes or induces or procures (a) any person to vote at any election, knowing that he or such person is prohibited, whether by this or any other Act (b) from voting at such election, he shall be guilty of an illegal practice.

(2.) Any person who before or during an election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate, shall be guilty of an illegal practice.

(3.) Provided, that a candidate shall not be liable, nor shall his election be avoided, for any illegal practice under this section committed by his agent other than his election agent. This section makes it an illegal practice either,

(1.) For those to vote who are by this or any

other Act prohibited; or

(2.) For any person to induce or procure
another thus prohibited, to vote; or
(3.) To publish a false statement of the with-
drawal of a candidate. But these offences
affect the candidate and avoid the elec-
tion only when committed by his election
agent, or by himself.

(a) "Induces or Procures."-The inducement, if anything in the shape of money or valuable consideration within s. 2 of the C. P. Act, 1854, will make the offence bribery under that section. But in that case, the disqualification of the voter is immaterial (Guildford, 1 0. & H. 14, and note supra, p. 72). But the mere bringing up of the party to the poll and getting him to vote without any reward, &c., is sufficient under this section though the offence would not be complete unless he actually voted, i.e., applied for a ballot paper (Ballot Act, 1872, s. 15). For "procuring" means that he actually got him to vote. "To procure is to get the thing done" (pr. Littledale, J., in Henslow v. Fawcett, 3 A. & E. 56).

(b) "Prohibited by this or any other Act"—

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(1.) Paid agents legally employed in the
election (Sched. 1).

(2.) Persons guilty of corrupt or illegal
practices or of illegal employment, &c.,
at a Parliamentary Election (s. 36).
(3.) Persons reported or convicted either
under this Act or the Municipal Corpora-
ation Acts, or any other similar Act (s. 37
and s. 64, p. 291).

B.-By any other Act:

(1.) Electors paid for election work within six
months of the election (R. P. Act, 1867,
s. 11; the same provision in the Scotch
and Irish Acts, 31 & 32 Vic. cc. 48 and 49,
s. 8; cp. Ballot Act, 1872, s. 25).

(2.) Persons who, though their names are on
the register, are prohibited from voting

Sec. 9.

Persons disqualified to vote under this Act.

Under other
Acts.

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