It may here be added that if an equal number of votes is found to have been given for each candidate, the returning officer, if he be a registered elector of the division, may give a casting vote, but he is not bound to do so, and may decline (35 & 36 Vict. c. 33, s. 2; The South Northumberland Case, May, 8th ed., 666, n.). If he is not a registered elector of the division, or if he is, and declines, then he must make a double return (121 Journ. 486). A re-count may be had to rectify a mistake in the count by the returning officer upon petition; but if, after a scrutiny, the votes are found to be equal, the election is void (The Renfrew Case, 2 O'M. & H. 213; The Downton Case, 1 Lud. 264).

(d) CLERKS AND MESSENGERS.
Appointment.

(1.) Every clerk and messenger employed for payment must be appointed by the election agent by himself, or by his sub-agent (46 & 47 Vict. c. 51, s. 27, sub-s. (1)).

NOTE.-The number of clerks and messengers that may be employed for payment is strictly limited by statute, in accordance with a prescribed scale (v. supra, pp. 85-87). The election agent must be careful that he does not unwittingly transgress the limit so prescribed. For instance, the election agent may, apparently, employ persons for payment to distribute addresses and notices (46 & 47 Vict. c. 51, sched. 1, pt. 2, cl. 3; The Stepney Case, 4 O'M. & H. 55). But should he have occasion to employ such persons, he must be careful, if his staff of clerks and messengers be already complete, not to employ, under colour of distributors, an extra number of clerks or messengers, otherwise he may find that he has committed an illegal practice, exposing himself to the statutory penalties for such an offence, and avoiding the election (46 & 47 Vict. c. 51, s. 17, sub-s. 1; s. 21, sub-s. 2; s. 11).

While, however, an election agent seems to be at liberty to employ persons for payment to distribute addresses and notices, it is advisable, wherever it may be possible, to avoid the direct

employment of such persons by contracting with some advertising agent. Further, there is nothing to prevent an election agent employing clerks or messengers upon his staff as distributors if he thinks it convenient, and chooses to do so.

Clerks and messengers not employed for payment, but acting gratuitously, may be appointed by a candidate, and, apparently, in any numbers. Where, however, the gratuitous services of clerks or messengers are at the disposal of a candidate, he will do well to remember that an unnecessary number of either may impede, rather than facilitate, the conduct of the election, and, in his own interest, he should consult his agents before making any appointments.

(2.) No time is prescribed for the appointment of clerks or messengers.

NOTE.-If, however, any clerks or messengers are authorized to attend at a polling station, such clerks or messengers should be appointed before the opening of the poll, as they must make the statutory declaration of secrecy before the poll opens (35 & 36 Vict. c. 33, sched. 1, pt. 1, r. 54).

The same observation applies to clerks or messengers who may be authorized to attend at the counting of votes, with this additional qualification-that such clerks or messengers should be appointed before the opening of the poll in time to enable their names and addresses to be transmitted to the returning officer one clear day at the least before the poll opens (ib. r. 52).

Rule 54 does not expressly mention messengers, and Rule 52 mentions neither clerks nor messengers, but it is submitted that the word "agent," while no doubt primarily referring to polling and counting agents, mentioned in both rules, covers and includes any persons in whatever capacity authorized to act on behalf of a candidate.

(3.) Although there is no express enactment on the point, it may be assumed that if a clerk or messenger should die or become incapable of acting during the time of the election, another may be employed in his

place. If such an event should take place in the case of a clerk or a messenger authorized to attend a polling station or at the counting of the votes, notice in writing of the name and address of the person authorized to attend in his place should be given forthwith to the returning officer.

Who may be appointed.

The following persons are disqualified :—

(1.) The returning officer for the county or borough. His deputy.

The partner and clerk of either the returning officer or his deputy (30 & 31 Vict. c. 102, s. 50).

(2.) Any officer appointed by the returning officer in pursuance of the Ballot Act.

The partner or clerk of any officer so appointed (35 & 36 Vict. c. 33, s. 11).

(3.) Anyone within seven years previous found or reported guilty of any corrupt practice by a competent tribunal (31 & 32 Vict. c. 125,

s. 44).

With the exception of persons so disqualified the election agent may employ whom he pleases, so long as he does not overstep the statutory limitation.

NOTE.-As clerks and messengers employed for payment cannot vote, the election agent should see to it that he does not by employing electors deprive the candidate he represents of support.

Duties.

The duties of clerks and messengers being unspecified and miscellaneous can only be treated generally. They ought

(1) To obey the lawful orders of their employers, and of those set in authority over them, with alacrity and fidelity;

(2) To be punctually at their posts;

(3) To be diligent in the despatch of the work as signed to them;

(4) To be courteous to all, especially to electors, with whom they may come in contact;

(5) To preserve inviolably secret the work that is being done upon the side on which they are engaged.

In addition, if they are authorized to attend at a polling-station or at the counting of the votes, it is their duty:

(6) To obey the lawful orders of the presiding officer or, of the returning officer, as the case may be. (7) To maintain and to aid in maintaining the secrecy of the voting, in accordance with the declaration of secrecy which they must make.

REMARKS.-In a county election, although the number of clerks and messengers that may be employed depends upon the number of polling districts and of electors, yet the clerks and messengers so allowed may be employed in any polling district where their services may be required (46 & 47 Vict. c. 51, sched. 1, pt. 1, cl. 6). That is to say, the number of polling districts is a mere guide to the number of clerks and messengers that may be employed-not a geographical restriction upon their employment.

GENERAL SUGGESTIONS FOR INSTRUCTIONS TO CLERKS AND
MESSENGERS.

1. No elector acting as clerk or messenger, if employed for payment in connection with this election, may vote [if the election takes place in a division of a borough, add, "either in this or in any other division of the borough"].

2. Be punctual in your attendance at the posts to which you are assigned.

3. Be diligent in the despatch of the work you are given to do. 4. Show civility to all, and especially to any electors with whom you may be brought in contact.

5. See to it that you keep absolutely secret from all outside what is being done upon the side on which you are employed.

6. Be careful to obey with promptitude the lawful orders of

your employers and of those whom they have set in authority over you.

In the case of clerks or messengers authorized to attend at a polling-station, or at the counting of the votes, add :—

7. Be careful to have with you when you present yourself at your polling-station [or, at the counting hall, as the case may be] (1) your note of authorization; and (2) your attested declaration of secrecy.

8. Be careful not to violate in any respect whatever the declaration of secrecy which you have made.

9. Obey courteously the lawful orders of the presiding officer [or, of the returning officer, as the case may be].

Unpaid Agency.

While the election agent is occupied with the appointment of his staff, he will probably find himself brought face to face with the question of the employment of volunteers. Paid assistance being now strictly limited by Act of Parliament, it is generally felt more than ever necessary to have recourse to the services of unpaid supporters. In most contests the question is not whether any unpaid agency should be invoked, but rather in what form and to what extent it should be employed. No question with which an election agent has to deal demands more careful consideration. To conduct a contest effectively without the help of volunteers, may be, and generally is, impossible.

To have recourse to it is to incur risks varying in degree with the character of those whose services are employed and the nature of the assistance they are authorized to render. These risks are due to the latitude of the law of agency in application to Parliamentary elections. What constitutes agency at election law cannot be determined by definition. The principles of the common law applicable to agency fall short of the subject. The maxim, for instance, prevailing at common law, dele