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In a case in which a person in soliciting the vote of a voter in a municipal election had said, in reply to the objection of the voter that he would lose much time by going to vote, that he "would be remunerated for what loss of time might occur," it was held that this was bribery. Simpson v. Yeend, L. R., 4 Q. B. 626; 38 L. J., Q. B. 313; 21 L. T., N.S., 56; 17 W. R., 1100.

To offer a voter his travelling expenses with the intention of inducing him to come and vote for a given candidate is bribery. Packard v. Collings and West, 54 L. T., 619; 4 O'M. & H. 70.

Where a person was guilty of bribery by giving money to five voters at a municipal election, it was held that in each case there was a separate offence, and that the person was liable to a penalty in respect of each offence. Milnes v. Bale, Milnes v. Lea, L. R., 10 C. P. 591; 44 L. J., C. P. 336; 33 L. T., N.S., 174; 23 W. R., 660.

In a case where there were three liberal candidates, and it was deemed desirable that only one should go to the poll, a test ballot was taken in order to determine who should stand at the election. The candidate who had the largest number of votes at the test ballot was, at the election, returned as elected. Money and drink were given by his agents to certain voters at the test ballot, but no bargain was expressly or impliedly made as to the votes of these persons at the election; nor did the voters understand or suppose that their votes at the election were bought or engaged, or in any way bargained for. The giving of the money and drink under these circumstances was held to be bribery and treating. Britt v. Robinson, L. R., 5 C. P. 503; 39 L. J., C. P. 265; 23 L. T., N.S. 188; 18 W. R., 166.

In the case of Turnbull (App.) v. Justices of Tynemouth (Resp.), 24 L. T., N.S., 731, which came before the Court of Queen's Bench in June 1871, on an appeal against a conviction under this section, the facts as stated in support of the appeal were as follows: In Cullercoats, a village near Tynemouth, the inhabitants were almost exclusively fishermen, and many of them were voters for the school board. The question of a new fish quay and the election for the school board were occupying public attention at the same time. Mr. Scott, a member of the town council of the district, convened a meeting of the inhabitants to consider the new quay question at a publichouse, there being no public building at which to hold it. Nine electors only were present, the rest being non-voters. He spoke to them about the new fish quay, and afterwards he called attention to the election for the school board. He said that he was not a candidate himself, but his friend Mr. Turnbull, who was present, was a candidate, and he recommended him as the right man in the right place. In the course of the evening, after it was stated Mr. Turnbull was a candidate, there was a call of glasses round. There were four calls altogether, and Mr. Scott, the landlord's son, Mr. Turnbull, and another gentleman stood glasses round. Mr. Turnbull paid for one round, and for that he was convicted of corrupt practices in the school board election. Not one of the persons present was asked to vote for the appellant. Of the nine electors present one only voted for him, and then he only gave him a portion of his votes. The matter under the consideration of the meeting was the new fish quay, and the treating it was alleged was a mere jollification independent of the election. The court affirmed the conviction, the Lord Chief Justice stating that he was glad the example had been made. The penalties under the Act were not at all too severe, and he hoped that the Act would be rigorously enforced whenever there was an opportunity.

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It will be observed that in this section the words "on conviction" are used, and not upon summary conviction" as in secs. 88, 89 and 90. In R. v. Gaunt (50 L. J., M. C. 32; 43 L. T., N.S., 696; 29 W. R., 289) it was argued that it was intended that proceedings under this section should be by indictment and not under the 11 & 12 Vict., c. 43, which is referred to in sec. 92. Coleridge, C.J., said: The words are not so clear as they might be, but on the whole I come to the conclusion that sec. 91 is the fourth of a code of penalties dealt with afterwards as a whole code by sec. 92, and that sec. 91 must be governed by the same rules as those that precede it, and that its meaning is that the penalty can be inflicted on summary conviction, and that those words must be read into

sec. 91.

In R. v. Ingall (42 L. T., N.S., 533; 29 W. R., 288) an information alleged that the defendant had been guilty of "corrupt practices contrary to the sub-section of sec. 91 of the Elementary Education Act, 1870," without specifying any particular offence, or time or place. The justices convicted, and a rule nisi for a certiorari was obtained on the ground that the information was insufficient, and that consequently the conviction was bad. Cockburn, C.J., said: In this case the defendant was not told whether the offence with which he was charged was bribery, or treating, or undue influence. The circumstances, including the time and place, ought to have been set out. This not having been done, the conviction is bad.

A person who has been convicted of sharing in the profits of a contract with a school board whilst a member of the board is not guilty of "corrupt practices" as defined by this section: Reg. v. Dudley School Board, P. 135.

The disqualifications for corrupt practices at a school board election are extended by sec. 8 of the 36 & 37 Vict., c. 86, post.

It is, however, to be borne in mind that the Municipal Corporations (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict., c. 70), also provides not only for the offences of bribery, personation, treating and undue influence in school board elections, but attaches heavy penalties to illegal practices, illegal payments, illegal hirings, and illegal employment. The Act referred to will be found in the Appendix, p. 377.

The Act in the first place (see secs. 2 and 3) deals with corrupt practices-treating, undue influence, bribery, and personation, and the penalties for these offences under that Act are much heavier than under this Act. Moreover, the disqualifications consequent upon conviction are extended.

As regards illegal practices, secs. 4, 6, 7, 8, 14 and 17 (2) of the Act should be referred to. It is an illegal practice to make any payment or contract for payment for the purpose of promoting or procuring the election of a candidate (1) on account of the conveyance of electors to or from the poll, whether for the hiring of horses or carriages, or for railway fares or otherwise; or (2) to an elector, with certain exceptions, on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibition of any address, bill, or notice; or (3) on account of any committee room in excess of a certain prescribed number. Any person receiving payment, or being party to a contract, knowing the same to be in contravention of the Act, is also guilty of an illegal practice. It is an illegal practice for any person to vote or induce or procure any person to vote, knowing that he or such person is prohibited from voting at the election; or before or during an election to knowingly publish a false

statement of the withdrawal of a candidate for the purpose of promoting or procuring the election of another candidate.

A candidate who prints, publishes, or posts, or causes to be printed, published, or posted, a bill, placard, or poster having reference to an election which fails to bear upon the face thereof the name and address of the printer and publisher, is guilty of an illegal practice. Further, when an offence of illegal payment, employment, or hiring is committed by a candidate, or with his knowledge and consent, it is an illegal practice.

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With respect to "illegal payments," see secs. 9, 11, 12, and 17 of the Act. Where a person knowingly provides money for any payment which is contrary to the provisions of the Act, or for replacing money expended in such payment, it is an illegal payment. A person who corruptly induces or procures any other person to withdraw from being a candidate in consideration of any payment or promise of payment, and the person withdrawing in pursuance of such inducement or procurement, are guilty of an illegal payment. Any payment or contract for payment for the purpose of promoting or procuring the election of a candidate, on account of bands of music, torches, flags, banners, cockades, ribbons, or other marks of distinction, is an illegal payment.

As to "illegal hiring" see secs. 10, 16, and 17 of the Act. A person is not to let, lend, or employ for the purpose of the conveyance of voters to or from the poll, any public stage or hackney carriage, or any horse or other animal kept or used for drawing the same, or any carriage, horse, or other animal that he keeps or uses for the purpose of letting out for hire, and if he lets, lends, or employs such carriage, horse, or other animal, knowing that it is intended to be used for the conveyance of electors to or from the poll, he is guilty of illegal hiring. A person who hires, borrows, or uses for the purpose of the conveyance of electors to or from the poll any carriage, horse, or other animal that he knows the owner is prohibited by the Act from letting, lending, or employing for the purpose, is also guilty of unlawful hiring. The provision is not however to prevent a carriage, &c., being let to or hired, employed, or used by an elector or several electors at their joint cost for conveying him or them to or from the poll. A person who for the purpose of promoting or procuring the election of a candidate uses as a committee room, or for holding a meeting, any premises situated in the metropolis or in any urban sanitary district which are licensed for the sale of any intoxicating liquor for consumption on or off the premises or on which refreshment of any kind (whether food or drink) is ordinarily sold for consumption on the premises, or any premises where any intoxicating liquor is supplied to members of a club, society, or association on any part of any such premises, is guilty of illegal hiring. The section does not however prohibit the use for the purpose referred to of any part of such premises which is ordinarily let for the purpose of chambers or offices or the holding of public meetings or of arbitration, if such part has a separate entrance and no direct communication with any part of the premises on which any intoxicating liquor or refreshment is sold or supplied. A person letting or permitting the use of premises if he knows it was intended to use them in contravention of the section, is also guilty of illegal hiring.

With respect to "illegal employment," the engagement or employment for payment or promise of payment of any person in excess of the number allowed by the Act for the purpose of promoting or procuring the election of a candidate, whatever the capacity in which the person may be em

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ployed, is guilty of an illegal employment. The person so engaged or employed in contravention of the Act is guilty of the same offence.

A heavy penalty also attaches to printing, publishing, or posting, or causing to be printed, published, or posted any bill, placard, or poster having reference to the election, without having on the face of it the name and address of the printer and publisher.

Recovery of Penalties.

92. Any penalty and any money which under this Act is recoverable summarily, and all proceedings under this Act which may be taken in a summary manner, may be recovered and taken before two justices in manner directed by an Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," and the Acts amending the same.

With reference to this section, see R. v. Gaunt, and R. v. Ingall in note to sec. 91.

For further provisions with regard to recovery of penalties and summary proceedings, see 36 & 37 Vict., c. 86, secs. 23 and 24, post.

Provision as to Oxford.

93. In the case of the borough of Oxford, the provisions. of this Act relating to boroughs shall be construed as if the local board were therein mentioned instead of the council; if a school board is formed in the borough of Oxford, onethird of the school board shall be elected by the University of Oxford, or the colleges and halls therein, in such manner as may be directed by the Education Department by an order made under the power contained in the second Schedule to this Act.

A Provisional Order of the Local Government Board, which was confirmed by the Local Government Board's Provisional Orders Confirmation Act, 1889 (52 Vict., c. xv.), has the effect of altering this section. For the purposes of the Education Acts, the school district is now the City of Oxford, the local rate is the borough fund or borough rate, and the rating authority are the Corporation. The City of Oxford has a school board consisting of nine members; six elected by the ratepayers, and three by the University.

Effect of Schedules.

94. The Schedules to this Act shall be of the same force as if they were enacted in this Act, and the Acts mentioned

in the fourth Schedule to this Act may be cited in the manner in that schedule mentioned.

Returns by School Board.

95. Every school board shall make such report and returns and give such information to the Education Department as the Department may from time to time require.

See also sec. 43 of the 39 & 40 Vict., c. 79, post, as to the duty of a school board to make returns and give information to the Education Department respecting their proceedings under that Act.

(II.) PARLIAMENTARY GRANT.

Parliamentary Grant to public Elementary School only.

96. After the thirty-first day of March, one thousand eight hundred and seventy-one, no parliamentary grant shall be made to any elementary school which is not a public elementary school within the meaning of this Act. (1)

No parliamentary grant shall be made in aid of building, enlarging, improving, or fitting up any elementary school, except in pursuance of a memorial duly signed, and containing the information required by the Education Department for enabling them to decide on the application, and sent to the Education Department on or before the thirtyfirst day of December, one thousand eight hundred and seventy. (2)

(1) For definition of "public elementary school," see sec. 7.

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(2) It appears from a parliamentary return that in the year 1870, the total number of building grants applied for by the managers of elementary schools, for the enlargement of existing schools, and the erection of new schools, was 3230. The proportion of applications to "denominations was as follows:-Church of England, 2352; Roman Catholic, 82; British, 96; Wesleyan, 96; Primitive Methodist, 4; United Methodist Free Church, 7; Methodist New Connexion, 1; Baptist, 7; Congregational, 8; English Presbyterian, 1; Unitarian, 2; Jewish, 1; Undenominational, 73. Of the 3230 applications, 3111 were received between the 1st of August, 1870, the date of the passing of this Act, and the 31st of December, 1870.

Conditions of Annual Parliamentary Grant.

97. The conditions required to be fulfilled by an elementary school in order to obtain an annual parliamentary grant shall be those contained in the minutes of the Education Department in force for the time being (1), and shall

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