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Examination candidate will examine them, and separate those which are and payment in respect of contracts made or expenses incurred by the
candidate or the election agent acting by himself or by a sub-agent. These, except in cases in which the candidate's liability is admitted, but the amount claimed is disputed, must be paid within a second period of 14 days, i.e., within 28 days of the day on which the candidates returned were declared duly elected. To pay them afterwards would be an illegal practice. By Sub-section 4 of Section 29 of the Act of 1883, it is enacted :“All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or management of such election, shall be paid within the time limited by this Act and not otherwise ; and subject to such exception as may be allowed in pursuance of this Act an election agent who makes a payment in contravention of this provision shall
be guilty of an illegal practice.” Time of Probably it would be held that a payment was made payment.
in good time if the money or cheque were posted or despatched to the creditor in such time that in the ordinary course of the post or other means of transmission it would be delivered at his address within the 28 days. It would not matter, we think, that the payment was by a crossed cheque, which could not be cleared until after the 28 days had expired.
All claims sent in within the proper time, disputed by the election agent, or which the election agent refuses or fails to pay within the 28 days, because “disputed ” claims within the Act, and are to be dealt with as such. Section
29, Sub-section 7. Relief against The election agent may, by inadvertence or otherwise, payments out
commit the illegal practice of paying a claim after the 28 days, or of paying a claim sent in after the 14 days. In that case, probably, he might be relieved under the provisions of Section 23 of the Act of 1883. The candidate may also be relieved. The High Court, under the powers of Section 23, might excuse him from the consequences of the Act, and thereupon it might stay a petition presented against his return, and based on the election agent's illegal practice in so paying, and (Sub-section 6) the judges at the trial of the petition may report, in a proper case, that the payment made by the election agent in contravention of the section, was made without the sanction or connirance of the candidate. If they do so report, the election will not be void on account of that payment, nor will the candidate be subject to any incapacity, but he may have to pay the costs of the petition.
As to all disputed claims, the election agent should Action in disawait the action of the persons making the disputed puted claims. claims.
If the claimant has made a slip by sending in his claim Order of too late, or sending it to the candidate personally, he should leave to pay apply to the High Court, by a master's summons served on claim. the candidate, for an order giving leave for the payment of the claim. The application should be supported by an affidavit of the facts. The claimant will then be in the same position as if he had sent in his claim to the proper person and within the proper time. As the claimant's slip occasions the application, it seems reasonable that he should pay the candidate's cost of appearing upon it. The candidate or the election agent may himself make the application if he think fit to do so. When the order has been made, the sum specified in the order of leave may be paid either by the candidate or his election agent, and when paid in pursuance of the order of leave is to be deemed to have been paid within the time limited by the Act. Any claimant whose claim is disputed, or left unpaid, if Action for a
disputed he has duly sent in his claim, or obtained such an order of
claim. leave, may, if he thinks fit, bring an action against the candidate, or the election agent, if the latter has made himself personally liable (Section 29, Sub-section 8). If the candidate is the defendant, the action may be brought in any court having jurisdiction, which will generally be the High Court or the County Court holden in the district. If the election agent is the defendant, he may be sued in any court having jurisdiction in the county or borough in which his
appointed office is (Section 26, Sub-section 2), or in the High Court.
When the action is brought it will proceed like any other action. It will be no defence to it that if the candidate were to allow or pay the claim he would thereby exceed the maximum amount of expenditure allowed him by the Act of 1883 (Sec. 19), unless when the contract was made the plaintiff was aware that it contravened the Act. If, therefore, a judgment or order goes against the defendant, ordering him to pay a sum of money to the plaintiff, although any sum paid in pursuance of the judgment or order is to be deemed (Section 29, Sub-section 8) to be paid within the time limited by the Act of 1883 (28 days after the declaration of the return), and to be an exception from the provisions of the Act requiring all claims to be paid by the election agent, yet any excess thereby caused over the maximum expenditure allowed is nevertheless an illegal
practice. If amount If in the action the plaintiff's right of action is not disonly disputed may be
puted, but only the amount of his claim, the question is to referred to be referred to taxation, unless the Court, on a master's sumtaxation.
mons taken out by the plaintiff or on the plaintiff's motion,
SECTION IV.-THE RETURN AND DECLARATION OF ELECTION
The duties of the election agent do not end with the exami- The return of nation and payment of the claims sent in. Within seven
expenses. days after the last day allowed for payment of the claimsthat is to say, within 35 days after the declaration of the result of the election-he must transmit to the returning officer a return of his candidate's election
expenses. The return must contain (Section 33, Sub-section 1)
Contents of (a) A statement of all payments made by the election
agent, together with all the bills and receipts
expression “return respecting election expenses”). () A statement of the amount of personal expenses, if
any, paid by the candidate. (c) A statement of the sums paid to the returning officer
for his charges, or, if the amount is in dispute, of
the sum claimed and the amount disputed. (d) A statement of all other disputed claims of which the
election agent is aware.
the election agent is aware, in respect of which
of money received by the election agent from the
ceived. The words of the section give only a faint idea of the par- Particulars ticularity and exactness required in the return. This will be required. appreciated by a perusal of the form of return contained in
Declaration verifying return.
Declaration by candidate.
the Second Schedule to the Act, given in the Appendix. In each case the name and description of the person paid, and particulars of the goods, work, labour or services in respect of which he is paid, must be set out.
At the same time, the election agent must send to the returning officer, accompanying the return, a declaration to be made by him before a justice of the peace, verifying the return. The declaration must be in the form set out in the second Schedule to the Act. But if the candidate has had no election agent, but has been his own election agent, the declaration provided in the schedule for an election agent is not to be used. But, instead of it, the candidate must make and transmit the declaration by the candidate respect ing election expenses, as specified in the second Schedule to the Act. (Section 32, Sub-section 3.) In any case, and whether the candidate has had an election agent or not, he must, at the time when the return of election expenses is transmitted to the returning officer, or within seven days afterwards, transmit to the returning officer a declaration, made before a justice of the peace, respecting election expenses, and of general purity (Section 33, Sub-section 4). For the form, see Schedule II. in the Appendix.
It may happen that the candidate is out of the United Kingdom when the election agent sends in his return and declaration. In such a case, the time for the candidate to make his declaration will be extended until the expiry of 14 days after he returns to the United Kingdom, within which time it must be made. If the candidate were cruising in a yacht, and touched at a port in the United Kingdom, that would probably be held to be a "return” to the United Kingdom within the meaning of the section (Section 33, Sub-section 8). The candidate's absence confers no right on the election agent to delay the transmission of his return and declaration for an hour, and when the candidate on his return bas made the required declaration, the latter must be forthwith transmitted to the returning officer. (Ibid.)
By Section 33, Sub-section 9, it is provided that when after the date at which the return respecting election
Where candidate abroad.
Return con cerning