mate his election expenditure. What are election expenses. ning of the election to estimate their election expenditure, and regulate the expenditure by the estimate, otherwise there will be some danger of the maximum expenditure allowed by the Act of 1883 being exceeded. But it is not to be assumed that only such expenses as are incurred after the dissolution or after the creation of a vacancy in the representation are election expenses within the meaning of the Act. The provisions of the Act limiting expenditure would be a nullity if contracts could be entered into and expenses incurred for the purpose of promoting the return of an intending candidate before the dissolution or creation of a vacancy, and no account taken of them in the return of election expenses. There is a remarkable dearth of authority upon the section of the old Act, which provided for all election expenses being returned by an expense agent. There is, however, authority for saying that, in some circumstances, even registration expenses ought to be returned as election expenses, although ordinarily they need not be (Penryn, 1 O'M. & H., 127), and the language of the new Act does not point to their being included in the return of the election agent. But there is no doubt that the time at which an expense is incurred is a very material consideration in deciding whether it is an election expense. It is safe to say that any expense incurred after the dissolution or the creation of a vacancy for the purpose of promoting the return of a candidate or intending candidate, is, if it is defrayed by the candidate, or is one for which he or his election agent might be sued at law by the person to whom it is incurred, an election expense. In estimating the expenses of the election, no account need be cluded in the taken of the personal expenses of the candidate, or of the charges of the returning officer, nor yet of the conveyance of voters by sea, where, under Section 48, that is allowed. They have to be included in the returns made by the election agent, but they are not included in the maximum sums allowed by the Act (Schedule I., Part IV.). But it would be illegal to pay to the returning officer any larger sum than is allowed by the earlier statute (38 & 39 Vic. c. 84). The expression "personal expenses," as used with respect to the What need not be in estimate. (a) Costs of taking votes by sea. (b) Returning officer's expenses. expenses. expenditure of a candidate in relation to an election, includes (c) Personal (Section 64 of the Act of 1883) his reasonable travelling expenses, and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to the election. We think that it would be also held to include the reasonable travelling expenses of his family and servants, and the reasonable hotel expenses of his family and servants, and, perhaps, the reasonable hotel expenses of any guest invited by the candidate to stay with him during the whole or part of the election. election The chief heads of expense to be taken account of are Heads of those indicated and limited by Schedule 1 to the Act, Parts I. and II. They are: (1.) The remuneration of persons legally employed for (3.) The expenses of stationery, messages, postage, and (4.) The expenses of holding public meetings. (6.) In a county the expenses of a central committee-room not exceeding in number one committee-room for expenses. Prohibited payments. The maxi ture. each polling district in the county, and where the number of electors in a polling district exceeds 500, one additional committee-room may be hired for every complete 500 electors in such polling district over and above the first 500. The number of committee-rooms allowed has already been discussed (pp. 61 and 62). It may be said here that in a borough an extra committee-room is allowed for any fraction of 500 electors, but in a county an extra committee-room is not allowed in any polling district for any fraction of 500 electors, but only for each complete number of 500 electors after the first 500. (7.) Miscellaneous expenses (not exceeding £200 in all), and not incurred in respect of anything prohibited by any Act of Parliament. For instance (Section 16), payments for bands, torches, flags, banners, cavalcades or ribbons are prohibited. Payments for chairing the candidate, or for horses and carriages for conveying voters, or for railway or steamboat passes, or for a right to exhibit placards, made to an elector, except to an ordinary advertising agent, or to persons to hold up their hands for the candidate at the nomination, when the show of hands was held, have also been prohibited. The candidate and the election agent, in mapping out their expenditure, will do well to leave a margin for contingencies, otherwise they may find they have exceeded the maximum expenditure allowed by the Act and so come within the perils of Section 8 of the Act of 1883. The maximum expenditure allowed is stated in the first mum expendi- schedule, Part IV., to the Act of 1883. It is to be remembered that, in all cases, the candidate's personal expenses and the returning officer's charges, and the costs of conveying voters by sea under Section 48 are payable in addition. The scale is regulated by the number of electors enumerated on the register, and no deductions are to be made for dead men, double entries, or the like. The words of the Act (Schedule I., Part IV.), limiting In boroughs. the maximum expenditure as to boroughs are these: The words of the same schedule in regard to the maximum In counties. expenditure in counties are these: If the number of electors on the register Does not exceed 2,000 Exceeds 2,000 The maximum amount shall be- £710 in England and Scotland, The following is the scale in boroughs where the Scale in all candidate stands alone, and not jointly with another English and Scotch boroughs and in Irish boroughs with over 1,500 electors. and so on, adding to £380 an additional £30 for every 1,000 electors above 2,000 enumerated on the register. This scale applies to all boroughs except to Irish boroughs having less than 1,500 electors, as already stated, and except the five boroughs, East Retford, Shoreham, Cricklade, Much Wenlock and Aylesbury. The following is the scale in counties where the candidate stands alone, and not jointly with another candidate : Certain boroughs to and so on, adding, in England or Scotland, to £710, an additional £60 for every 1,000 electors over 2,000, and adding, in Ireland, to £540, an additional £40 for every 1,000 electors above 2,000. In regard to the scale of maximum expenditure, and to the be considered number of agents and other persons who may be legally as counties. |