or building is not to be deemed to be a committee room for the purposes of the Act by reason only of the candidate or any agent of the candidate addressing therein electors, committee men, or others. The section prohibits payment or contract for payment on account of any committee room in excess of the number allowed by this section, but if a candidate has a committee room placed at his disposal free of any charge, it would not seem to be within the section. The provisions of sec. 16 must, however, be borne in mind. They prohibit, subject to certain exceptions, the use as a committee room of premises 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 premises where any intoxicating liquor is supplied to members of a club, society, or association, or any part of such premises. (2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after a municipal election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this Act, shall also be guilty of an illegal practice. As to the exceptions which may be allowed in pursuance of the Act, see secs. 19 and 20. With regard to the penalty and disqualification in the case of a person who is convicted of an illegal practice, see sec. 7, and as to the result of a candidate being reported by the election court to have been guilty by himself or his agents of an illegal practice, see sec. 8. 5. (3.) Provided that where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section. Expense in Excess of Maximum to be Illegal Practice. [This section does not apply to the election of members of school boards.] Voting by Prohibited Persons and publishing of False Statements of Withdrawal to be Illegal. 6. (1.) If any person votes or induces or procures any person to vote at a municipal election, knowing that he or such person is prohibited, whether by this or any other Act, from voting at such election, he shall be guilty of an illegal practice. (2.) Any person who before or during a municipal 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 without his knowledge and consent. This section applies not only to municipal elections, but also to elections of members of school boards. As to the penalties and incapacities in the case of persons guilty of an illegal practice, see secs. 7, 8, 22, 23, 28, 30, and 31. Punishment on Conviction of Illegal Practice. 7. A person guilty of an illegal practice in reference to a municipal election, shall on summary conviction be liable to a fine not exceeding one hundred pounds, and be incapable during a period of five years from the date of his conviction of being registered as an elector or voting at any election (whether it be a parliamentary election or an election for a public office within the meaning of this Act) held for or within the borough in which the illegal practice has been committed. As to what are illegal practices, see secs. 4, 5, 6, 14, 17, 21, and 36 (g). With regard to excuses and exceptions for illegal practices, see secs. 19, 20, and 21 (7). For definition of "public office," see sec. 34. For provisions as to prosecutions for offences, see secs. 28 and 30. Incapacity of Candidate reported Guilty of Illegal Practice. 8. (1.) An illegal practice within the meaning of this Act shall be deemed to be an offence against Part IV. of the Municipal Corporations Act, 1882, and a petition alleging such illegal prac tice may be presented and tried accordingly. (2.) Upon the trial of an election petition respecting a municipal election for a borough or ward of a borough in which a charge is made of any illegal practice having been committed in reference to such election, the election court shall report in writing to the High Court whether any of the candidates at such election has been guilty by himself or his agents of an illegal practice in reference to such election, and if the report is that a candidate at such election has been guilty by himself or his agents of an illegal practice in reference to such election, the candidate shall not be capable of being elected to or of holding any corporate office in the said borough during the period for which he was elected to serve, or for which if elected he might have served, and if he was elected, his election shall be void; and, if the report is that such candidate has himself been guilty or such illegal practice, he shall also be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice. For Part IV. of the Municipal Corporations Act, 1882, as amended by this Act, see p. 419. As to the application of the provisions of this part of the Municipal Corporations Act to the election of members of school boards, see sec. 36. For the definition of the terms "candidate" and "corporate office," see sec. 34. With respect to what are illegal practices, see secs. 4, 5, 6, 14, 17, 21, and 36 (g), and with regard to "excuses and exceptions" for illegal practices, see secs. 19, 20, and 21 (7). As to incapacities of persons convicted of an illegal practice, see sec. 7. In Marsland and others (petitioners) v. Hickman and another (respondents), L.G.C. (1887), p. 127, it appeared that the petitioners had petitioned against the election of H. and T. as members of a local board. The petition alleged that undue influence was used by H. both by himself and his agents; that undue influence was used by agents on behalf of both the respondents, and that corrupt and illegal practices extensively prevailed. An inquiry was held by a commissioner, and he certified, as the result of his inquiry, that H. and T. had not been duly elected; he reported that no corrupt practices were proved to have been committed by the respondents or their agents, but that illegal practices had extensively prevailed, and that H. had been guilty by himself, and both the respondents by their agents, of illegal practices. It had not been alleged in the petition that the respondents or their agents had been guilty of illegal practices, but the commissioner based his power to travel outside the allegations in the petition on the provisions of this section. A new trial or a prohibition to stay proceedings upon the report and certificate of the commissioner was moved for, on the ground that the commissioner had exceeded his jurisdiction in finding that the respondents had been guilty of illegal practices, when this had not been charged in the petition. The application was refused. Mr. Justice Stephen: Assuming that the Court have jurisdiction to intervene in such a case, I think that they ought not to exercise the jurisdiction except under extraordinary circumstances, and where their intervention is necessary in order that justice may be done. Without binding myself to say that such circumstances might not arise, they do not arise here. Illegal Payment, Employment, and Hiring. Providing of Money for Illegal Practice or Payment to be Illegal Payment. 9. Where a person knowingly provides money for any payment which is contrary to the provisions of this Act, or for any expenses incurred in excess of any maximum amount allowed by this Act, or for replacing any money expended in any such payment, except where the same may have been previously allowed in pursuance of this Act to be an exception, such person shall be guilty of illegal payment. As to payments which are contrary to the provisions of this Act, see secs. 2, 4, II, 12, and 21. Sec. 5, which refers to the maximum amount of expenses allowed, is not applicable to the election of members of school boards. With regard to exceptions allowed in pursuance of this Act, see secs. 19 and 20. As to penalty for illegal payment, see sec. 17. Where an offence of illegal payment is committed by a candidate, or with his knowledge and consent, such candidate is guilty of an illegal practice. Employment of Hackney Carriages, or of Carriages and Horses kept for Hire. 10. (1.) A person shall not let, lend, or employ for the purpose of the conveyance of electors to or from the poll at a municipal election, 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, which 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 purpose of the conveyance of electors to or from the poll, he shall be guilty of illegal hiring. (2.) A person shall not hire, borrow, or use for the purpose (3.) Nothing in this Act shall prevent a carriage, horse, or The term "municipal election" includes a school board election, see sec. 36. It will be observed that, subject to the exception provided for by sub-sec. 3, it will be illegal to let, lend, or employ, or to hire, borrow, or use 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 kept or used for the purpose of letting out for hire. A person is therefore precluded from even lending for the conveyance of electors without charge a public stage or hackney carriage, and any carriage or horse kept or used for the purpose of letting out for hire. A person acting in contravention of this provision is guilty of illegal hiring. As to the penalty for illegal hiring, see sec. 17. See also sec. 4 (1) (a), which renders a payment or contract for payment for the hiring of horses or carriages for the conveyance of electors to or from the poll an illegal practice. There will, of course, be no offence when a person merely lends without charge, for the conveyance of voters, a carriage or horse which is not kept or used for the purpose of letting out for hire. Where the offence of illegal hiring is committed by a candidate or with his knowledge and consent, the candidate is guilty of an illegal practice. Corrupt Withdrawal from a Candidature. 11. Any person who corruptly induces or procures any other person to withdraw from being a candidate at a municipal election, in consideration of any payment or promise of payment, shall be guilty of illegal payment, and any person withdrawing in pursuance of such inducement or procurement shall also be guilty of illegal payment. This section applies to the election of a member of a school board, as well as to municipal elections in a borough. As to the penalty for illegal payment, see sec. 17. Certain Expenditure to be Illegal Payment. 12. (1.) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at a municipal election, be made on account of bands of music, torches, flags, banners, cockades, ribbons, or other marks of distinction. (2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is made in contravention of this section, either before, during, or after an election, the person making such payment shall be guilty of illegal payment, and any person being a party to any such contract or receiving such payment shall also be guilty of illegal payment if he knew that the same was made contrary to law. The term "municipal election" includes the election of a member of a school board. As to the exceptions which may be allowed in pursuance of this Act, see sec. 20. With reference to the penalty for illegal payment, see sec. 17. The provisions of the section will not affect the right of a creditor who, when the contract was made was ignorant of the same being in contravention of the Act (sec. 15). Certain Employment to be Illegal. 13. (1.) No person shall, for the purpose of promoting or procuring the election of a candidate at a municipal election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except as follows (that is to say) : : (a.) A number of persons may be employed, not exceeding two for a borough or ward, and if the number of electors in such borough or ward exceeds two thousand, one additional person may be employed for every thousand |