§ Further Proceeding on Consideration, as amended, resumed.
§ Clause 8 (Procurement of voting by unqualified voters to be illegal practice).
§
Amendment proposed,
In page 4, line 97, after the word "practice," to insert the words "Any person who before or during an election knowingly publishes any 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."—(Mr. Gibson.)
§ Question again proposed, "That those words be there inserted."
74§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, that would leave the door open to false representations before the nomination.
§ MR. TOMLINSONsaid, the clause would not reach the issue of forged placards by one Party recommending the voters of the other Party to plump to the disadvantage of their own candidates.
§ SIR CHARLES W. DILKEsaid, there were many reprehensible practices which it was difficult to reach by legislation.
MR. GORSTthought the Amendment a dangerous one, and one that certainly should not be needlessly or thoughtlessly inserted in the Bill. It would lay the candidate open to the charge of an illegal practice through the verbal statement of an enthusiastic supporter. He hoped the Amendment would be withdrawn.
§ MR. H. H. FOWLERpointed out that the Ballot Act provided how a candidate might be withdrawn, and this must take place several days before the election. The Amendment was therefore unnecessary, and he thought it was dangerous. If the Attorney General inserted words providing that an offence under the clause should be summarily punishable before a magistrate he would not object so strongly to it; but he would prefer that it were withdrawn.
§ MR. GIBSONsaid, he had no dogmatic opinion as to the phraseology of the Amendment; but he thought it would be wiser to let it stand in its present shape. It was calculated to meet a real grievance, because they all knew that one of the greatest abuses and scandals of their Parliamentary electoral system was the publishing and circulation of false statements. The question was not thoughtlessly brought forward, as it was fully considered in Committee, and the Amendment had been on the Paper for three weeks.
§ MR. RYLANDSsaid, the Amendment was very immature, and the more he heard of it the less he liked it.
§ THE SOLICITOR GENERAL (Sir FARRER HERSCHELL)pointed out that the Amendment was simply to meet the case of a man who made the statement that there was to be a withdrawal, he 75 knowing full well that the statement was false.
§ MR. LEWISsaid, the rumour might be spread upon the day of the election, when it would be too late to contradict it, or it would have to be done at an expense that would carry the candidate beyond the amount allowed under the Bill. He thought the Bill would open up all the avenues of political chicanery, which were as bad as all the forms of political corruption which could be devised.
§ MR. CALLANsaid, he was surprised the purists in the House objected to the Amendment, because its object was simply to penalize the conduct of any person who knowingly published a false statement.
§ BARON DE FERRIERESsupported the Amendment.
§ Amendment agreed to.
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)proposed to add to the clause the following Proviso:—
Provided that a candidate shall not he liable, nor shall his election he voided, for any illegal practice under this section committed by his agent other than his election agent.The consequence of an illegal practice by any other person would be a fine upon such person.
§ Amendment agreed to.
§ Amendment proposed, to the said proposed Amendment, as amended, after the word "candidate," to insert the words "who had been put in nomination."—(Mr. Healy.)
§ Question proposed, "That those words be there inserted."
§ Amendment to Amendment, by leave, withdrawn.
§ Amendment, as amended, agreed to.
§ Clause, as amended, agreed to.
§ Clause 10 (Report of election court respecting illegal practice, and punishment of candidate found guilty by such report. 31&32 Vict. c. 125).
§ SIR R. ASSHETON CROSS moved, in page 5, line 35, to leave out "agents," and insert "election agent." He said, that if somebody or other should pay a small sum to take a voter to the poll the candidate ought not to be subjected to the severer penalties. He should be 76 content that the candidate should lose his seat.
§ Amendment proposed, in page 5, line 35, to leave out the word "agents," and insert the words "election agent,"—(Sir R. Assheton Cross)—instead thereof.
§ Question proposed, "That the word 'agent' stand part of the Bill."
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, he was sorry he could not accept the Amendment, because if it were accepted the maximum penalty was gone. The chairman of the candidate's committee might spend a large sum corruptly, and the candidate might go down at the next election and get the benefit of the corrupt expenditure.
§ Question put, and agreed to.
§ Clause 13 (Employment of hackney carriages, or of carriages and horses kept for hire).
§
On Motion of The ATTORNEY GENERAL, the following Amendments were made:—Page 6, line 40, leave out "provided that nothing in this section," and insert "nothing in this Act;" page 7, line 1, leave out "by;" page 7, line 2, at end of clause insert as a new subsection:—
No person shall he liable to pay any duty or to take out a licence for any carriage by reason only of such carriage being used without payment or promise of payment for the conveyance of electors to or from the poll at an election.
§ Clause, as amended, agreed to.
§ Clause 15 (Certain expenditure to be illegal payment).
§ MR. WARTON moved to leave out the clause. He asked what was the use of making things serious which were not really serious? Every man liked to show that he was not ashamed of his Party, and therefore he liked to display a bit of ribbon or a cockade; and what harm was there in that?
§ Amendment proposed, in page 7, line 9, to leave out the Clause.—(Mr. War-ton.)
§ Question proposed, "That the words 'No payment or stand part of the Bill."
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, that the clause had been fully discussed before.
§ Question put, and agreed to,
77§ Amendment proposed, in page 7, line 11, after the word "torches," to insert the word "fireworks."—(Mr. Tomlinson.)
§ Question proposed, "That the word 'fireworks' be there inserted."
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, he would not go further than "torches."
§ Question put, and negatived.
§
Amendment proposed,
In page 7, line 19, after the word "law," to insert the words—"No payment or contract for payment shall be made to or with any returning officer in excess of the amounts claimable as security in Schedule Three to the Act thirty-eight and thirty-nine Victoria, chapter eighty-four. Any payment made to a returning officer in excess of the amounts set out in the said Schedule shall, if such payment be made in pursuance of any claim or demand made by such returning officer, be an illegal practice on the part of such returning officer, out shall not affect the validity of the election."—(Mr. Labouchere.)
§ Question proposed, "That those words be there inserted."
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)resisted the Amendment, pointing out the injustice of preventing a Returning Officer from being repaid for excess of expenditure where a candidate was willing to repay.
§ SIR R. ASSHETON CROSSsupported the Amendment, which he thought would be useful in keeping down election expenses. He would like to know why a candidate should ever be asked to pay more than the law allowed?
§ MR. RYLANDSthought the Returning Officer should be kept within strict limits in his expenditure.
§ MR. WHITLEYdefended Returning Officers as a most honourable class of men. They had to find the money with which the polling booths were provided, and they ought to be sure that their expenditure would be repaid.
§ MR. T. D. SULLIVANsaid, he would be in favour of the Amendment; but he could not find who was to put the law in motion.
§ SIR HENRY HOLLANDsaid, that the Returning Officer could, before the election, calculate to a nicety his expenses, and could take care to keep within the Schedule; and he would do so if the candidate was forbidden to pay. Returning Officers were, no doubt, 78 honourable men; but there were cases in which they might be tempted to favour candidates from whom they knew they could get their money. It would, however, be better to make the receipt of money in excess of the Schedule by the Returning Officer the offence, instead of the payment by the candidate. He proposed to amend the Amendment by substituting "the receipt by" the Returning Officer in lieu of "any payment made to."
§ Amendment proposed to the said proposed Amendment, to leave out the words "any payment made to," and insert the words "the receipt by."—(Sir Henry Holland.)
§ Question proposed, "That the words proposed to be left out stand part of the said proposed Amendment."
§ THE SOLICITOR GENERAL (Sir FARRER HERSCHELL)said, the question was this—Were they going to forbid payments which were not excessive? If they were satisfied that the Returning Officer had done his duty, and had done no more than the law required, and if the payments were in excess of what was allowed by the Schedule, were they going to say that that Returning Officer was not to get back that money? The Amendment did not do that. His objection was that the Amendment would prove an utter sham.
§ SIR R. ASSHETON CROSSsaid, that the Amendment would make Returning Officers get the work done as cheaply as possible, whereas now there was no motive for economy.
§ MR. H. H. FOWLER, in supporting the Amendment, said, the expenses of the Returning Officer were practically four. These consisted of the cost of printing and issuing notices, of obtaining polling booths, of employing the officers under him, and of his own professional charges for the trouble he was put to in the matter. The Schedule to the Act of 1875 was, he thought, sufficient to meet all expenses. With reference to the cost of polling booths, it was not the case, as had been suggested by an hon. Member, that a Returning Officer could be called upon to provide a house; because there was now in every parish in England such an institution as an elementary school, and such schools were, by Act of Parliament, placed at the disposal of the Returning 79 Officer. If a Returning Officer were, by some extraordinary concatenation of circumstances, driven to put up one of the old-fashioned polling booths, the Schedule was amply sufficient to cover the cost. Where the shoe pinched was really in regard to the Returning Officer. The latter might say, before an election commenced—"I cannot carry on this election for the figure allowed by the Act of Parliament. "Will you (the candidate) object to pay me so much more?" It was all very well to say that a candidate was weak-kneed if he acceded to this request; but he was placed in a very awkward position; and he would generally say—" Spend £200 or £300 more, and be very pleasant and agreeable with the Returning Officer," because it was very important, on the election day, to be on good terms with the Returning Officer. It was always an important question as to how the election was fixed with regard to the position of the working men, for it might be arranged for such a day that a large number of the working men electors would be practically disfranchised. The Returning Officer had, therefore, very great power with the candidates, and had no right to place any of them at a disadvantage. The scale on which the Returning Officer was allowed to make his charges was most liberal; and he could not see why the Attorney General should object to the proposal, especially with the Amendment which had been proposed by the hon. Member for Midhurst (Sir Henry Holland). If necessary, he was prepared to move an Amendment himself, in order to make it quite plain that the clause was only to refer to money received by the Returning Officer in excess of that granted under the Schedule. He did hope the Attorney General would reconsider the matter, and would admit that they were bound to prevent any pressure being put upon a candidate with respect to the expenses of the Returning Officer.
MR. GORSTsaid, the Amendment before the House was one which would fail, and, in fact, spoil the Bill. He suggested that the discussion would arise more conveniently on the Schedule.
§ MR. MITCHELL HENRYsaid, they ought to take care that the Returning 80 Officer could not make charges as he pleased. Good things were put in the way of the friends of the Returning Officer, and the Amendment would only facilitate corruption.
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, they had already discussed the principle of the Bill. If the House allowed the Amendment to be withdrawn, they could then discuss the proposal of the hon. and learned Member for Chatham (Mr. Gorst) to insert it in the Schedule. If the House was in earnest, any illegal practice on the part of others should be an illegal practice on the part of the candidate also.
§ SIR R. ASSHETON CROSScomplained of the tendency to scatter "illegal practices" all over the Bill instead of grouping them together.
§ MR. LABOUCHEREsaid, he was prepared to withdraw his Amendment, on the understanding that the Attorney General would not oppose it when they came to the Schedule. Although he had the greatest confidence in the hon. and learned Gentleman, he could not forget that he was a lawyer; and he did not want the matter adjourned merely until such time as the Government had a majority. At present he (Mr. Labouchere) had a majority, and, if necessary, he would press for a Division in favour of the Amendment of the hon. Baronet (Sir Henry Holland).
§ THE SOLICITOR GENERAL (Sir FARRER HERSCHELL)remarked, that the desire of the Government to bring the proposal into a Schedule limiting the Returning Officer's charges was a proof of their sincerity; for the Amendment, as it stood, would, in practice, come to nothing.
§ Question put, and negatived.
§ Words inserted in proposed Amendment.
§
MR. CALLAN moved further to amend the Amendment by omitting the words—
If such payment be made in pursuance of any claim or demand made by such returning officer.
§ Amendment agreed to.
§
Question put,
That the words 'No payment or contract for payment shall be made to or with any returning officer in excess of the amounts claimable as security in Schedule Three to the Act
81
thirty-eight and thirty-nine Victoria chapter eighty-four. The receipt by a returning officer of any payment in excess of the amounts set out in the said Schedule shall he an illegal practice on the part of such returning officer, but shall not affect the validity of the election,' he there inserted.
§ The House divided:—Ayes 71; Noes 93: Majority 22.—(Div. List, No. 272.)
§ Clause 16 (Certain employment to be illegal).
§
Amendment proposed,
In page 7, line 23, after the word "whatever," to insert the words "except for any purposes or capacities mentioned in the first or second parts of the First Schedule to this Act or."—(Mr. Gorst.)
§ Question proposed, "That those words be there inserted."
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, he would accept the Amendment.
§ MR. LEWISobjected to the Amendments on the ground that it would produce the most dire confusion in reference to the duties of clerks at elections. The hon. and learned Member for Chatham seemed to be running a heat with the Attorney General in endeavouring to make the Bill as obnoxious and perilous as possible. He supposed it was the revulsion from his former occupation that had driven him completely to the other pole; and he was following this course to show how horrified he was at what he had endured when he managed the elections of his Party.
§ Question put.
§ The House divided:—Ayes 124; Noes 32: Majority 92.—(Div. List, No. 273.)
§
MR. HEALY moved to add at the end of the clause—
Every bill, placard, or poster having reference to an election shall bear upon the face thereof the name and address of the printer and publisher there of; and any person printing, publishing, or posting, or causing to he printed, published, or posted, any such bill, placard, or poster as aforesaid, which fails to bear upon the face thereof the name and address of the printer and publisher, shall, if he is the candidate, or the election agent of the candidate, be guilty of an illegal practice, and if he is not the candidate, or the election agent of a candidate, shall he liable on summary conviction to a fine not exceeding one hundred pounds.
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)accepted the sub-section, and undertook to put the Proviso in its 82 proper place before the Bill went to the other House.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 17 (Use of committee room in house for sale of intoxicating liquor or refreshment, or in elementary school, to be illegal hiring).
§ Amendment proposed, to leave out the Clause.—(Mr. Tomlinson.)
§ Question proposed, "That the words 'Any premises on which' stand part of the Bill."
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, the clause was discussed for three days, and was carried by large majorities. He therefore hoped the House would not strike it out now.
§ Question put, and agreed to.
§
SIR R. ASSHETON CROSS (for Lord GEORGE HAMILTON) moved the following Proviso to the clause:—
Provided, That nothing in this section shall apply to any part of such premises which is ordinarily let for the purpose of chambers or offices or the holding of public meetings or of arbitrations, 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 as aforesaid.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 19 (Report exonerating candidate in certain cases of corrupt and illegal practice by agents).
§
Amendment proposed,
In page 8, line 35, to leave out from the word "shall," to the word "Act," inclusive, and insert the words "by reason of the offences mentioned in such further report be void, but the candidate shall not be subject to any incapacity under this Act,"—(Mr. Jesse Collings,)
§ —instead thereof.
§ Question, "That the words proposed to be left out stand part of the Bill," put, and agreed to.
§ Clause 22 (Nomination of deputy election agent as sub-agent).
§ Amendment proposed, in page 10, line 23, after the word "shall," to insert the words "send or."—(Mr. Healy.)
§ Question proposed, "That those words be there inserted."
§ Amendment, by leave, withdraivn,
83
§
MR. HEALY moved, in page 10, at end, to add—
Nothing in this section shall be taken to restrict the existing power of any candidate to appoint volunteer unpaid agents in any polling booth.
In Ireland they found the sheriff obstructing them in every case where they had not chapter and verse to confront him with. In Ireland they never paid anybody at elections now; but if it was not plainly stated in the Act, the Irish sheriffs might insist that they should pay these men.
§
Amendment proposed,
In page 10, line 33, after the word "same," to insert the words "Nothing in this section shall be taken to restrict the existing power of any candidate to appoint volunteer unpaid agents in any polling booth."—(Mr. Healy.)
§ Question proposed, "That those words be there inserted."
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, he did not think the hon. Member for Monaghan might be afraid of the consequences stated, as the matter was clearly in the Bill already.
§ MR. HEALYremarked, that the Bill would only last for a year, and if they found any difficulty with Irish sheriffs, he hoped that the Attorney General would remember the point. He begged to withdraw the Amendment.
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, he would bear the point in mind.
§ Amendment, by leave, withdrawn.
§ Clause 23 (Office of election agent and sub-agent).
§
Amendment proposed,
In page 10, line 3S, to leave out all the words from the end of the last Amendment to the word "district," in line 36,—(Mr. Healy.)
§ Question proposed, "That the words proposed to be left out stand part of the Bill."
§ Amendment, by leave, withdrawn.
§ Clause 24 (Making of contracts through election agent).
§
Amendment proposed,
In page 11, line 8, after the word "election," to insert the words "but no such polling agent, clerk, or messenger shall, because of any such appointment, be deemed to be an agent of the candidate for any other purpose than that declared in the said appointment."—(Mr. Callan.)
§ Question proposed, "That those words be there inserted."
§ Amendment, by leave, withdrawn.
§ Amendment proposed, in page 11, line 9, "That Clause 24 be divided into two Clauses."—(Mr. Warton.)
§ Question proposed, "That the said Clause be divided into two Clauses."
§ Amendment, by leave, withdrawn.
§ Clause 25 (Payment of expenses through election agent).
§
Amendment proposed,
In page 11, line 23, after the word "election," to insert the words "or for the purpose during such election of promoting or procuring the election of any candidate.—(Sir R. Assheton Cross.)
§ Question, "That those words be there inserted," put, and negatived.
§ MR. HEALY moved, in page 11, line 25, to leave out from "sub-agent" to "candidate," in line 28, the effect of which was that the agent of a candidate should hand to the sheriff the necessary election expenses at the time of nomination. Now, if the agent lost his train that day the candidate would be done for; and he, therefore, moved to omit the provision.
§ Amendment proposed, in page 11, line 25, to leave out from the words "sub-agent" to the word "candidate," in line 28.—(Mr. Healy.)
§ Question proposed, "That the words proposed to be left out stand part of the Bill."
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, he would accept the Amendment, as, from what the hon. Member for Monaghan said, the provision might give rise to considerable inconvenience under certain circumstances.
§ Amendment agreed to.
§
SIR R. ASSHETON CROSS moved, in page 11, line 40, after the word "practice," to insert the words—
Any person making any payment for the purpose during such election of promoting or procuring the election of any candidate otherwise than through the election agent shall personally be guilty of an illegal payment.
The object of his Amendment was to prevent outside associations from interfering in the electoral rights of a con-
85
stituency, either by providing money or otherwise.
§ Question proposed, "That those words be there inserted."
MR. GORSTsaid, he thought the object aimed at was already attained by the words in Clause 25; but if it were not, he thought the Amendment would be an undue interference with the liberty of the Press, and it would not be right to prevent pictures, such as had a marked effect at Birmingham during the last election, or placards being circulated.
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, the question had been discussed in Committee, and it was then thought that the words used were of too general a character, and that instead of doing good they might work injuriously. Therefore, he could not accept the Amendment.
§ MR. WARTONsupported the Amendment.
§ MR. RYLANDSremarked, that the Amendment would prevent agents of the United Kingdom Alliance from posting bills in favour of any candidate who promised to support the principle of Local Option. He did not think the right hon. Gentleman would wish to do that, and to choke off all agitation in favour of any particular Party or principle.
§ Question put, and negatived.
§ Clause, as amended, agreed to.
§ Clause 26 (Period for sending in claims and making payments for election expenses).
§
THE ATTORNEY GENERAL (Sir HENRY JAMES) moved, in page 12, line 23, at end of line, insert as a fresh subsection—
Where the election court reports that it has been proved to such court by a candidate that any payment made by an election agent in contravention of this section was made without the sanction or connivance of such candidate, the election of such candidate shall not be void, nor shall he be subject to any incapacity under this Act by reason only of such payment having been made in contravention of this section.
§ Amendment agreed to.
§
THE ATTORNEY GENERAL (Sir HENRY JAMES) moved, in page 12, line 29, after "court," to insert—
And any sum paid by the candidate or his agent in pursuance of the judgment or order of
86
such court shall be deemed to be paid within the time limited by this Act, and to be an exception from the provisions of this Act, requiring claims to be paid by the election agent.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 27 (Personal expenses of candidate and small expenses of committee room).
§
THE ATTORNEY GENERAL (Sir HENRY JAMES) moved, in page 13, line 9, after "agent," to insert" as a new sub-section—
The candidate shall send to the election agent within the time limited by this Act for sending in claims a written statement of the amount of personal expenses paid as aforesaid by such candidate.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 29 (Return and declaration respecting election expenses).
§
THE ATTORNEY GENERAL (Sir HENRY JAMES) moved, in page 14, line 21, at end of line insert as a fresh subsection—
Where the candidate has named himself as his election agent, a statement of all money, securities, and equivalent of money paid by the candidate shall be substituted in the return required by this section to be transmitted by the election agent for the like statement of money, securities, and equivalent of money received by the election agent from the candidate; and the declaration by an election agent respecting election expenses need not be made, and the declaration by the candidate respecting election expenses shall be modified as specified in the Second Schedule to this Act.
§ Amendment agreed to.
§
Amendment proposed, in page 14, line 21, to insert, at the end of the last Amendment, the words—
2. (a.) The transmission of such return and declaration by the election agent shall terminate his general authority to act as agent of the candidate in respect of the election, and such general authority shall not be afterwards revived by any special authorisation given by the candidate to such agent to act on his behalf in any special matter."—(Mr. Gorst.)
§ Question, "That those words be there inserted," put, and negatived.
§
Amendment proposed,
In page 14, line 27, after the word "expenses," to insert the words "Provided always, That, if at the time of the said agent transmitting the said return the candidate shall be out of the United Kingdom, such declaration may be transmitted to the returning officer within
87
ten days after Ms return to the United Kingdom."—(Mr. Lewis.)
§ Question proposed, "That those words be there inserted."
§ Amendment, by leave, withdrawn.
§ Clause, as amended, agreed to.
§ Clause 30 (Authorised excuse for noncompliance with provisions as to return and declaration respecting election expenses).
§
THE ATTORNEY GENERAL (Sir HENRY JAMES) moved, in page 16, line 12, at end of line, insert as a fresh subsection—
Where it appears to the court that any person being or having been election agent or sub-agent has refused or failed to make such return or to supply such particulars as will enable the candidate and his election agent respectively to comply with the provisions of this Act as to the return and declaration respecting election expenses, the court before making an order allowing the excuse as in this section mentioned shall order such person to attend before the court, and on his attendance shall, unless he shows cause to the contrary, order him to make the return and declaration, or to deliver a statement of the particulars required to be contained in the return as to the court seem just, and to make or deliver the same within such time and to such person and in such manner as the court may direct, or may order him to be examined with respect to such particulars, and may in default of compliance with any such order order him to pay a fine not exceeding five hundred pounds.
§ Amendment agreed to.
§
THE ATTORNEY GENERAL (Sir HENRY JAMES) moved, in page 16, line 17, leave out from beginning of line to end of line 20, and insert—
An order allowing an authorised excuse shall relieve the applicant for the order, from any liability or consequences under this Act in respect of the matter excused by the order, and where it is proved by the candidate to the court that any act or omission of the election agent in relation to the return and declaration respecting election expenses was without the sanction or connivance of the candidate, and that the candidate took all reasonable means for preventing such act or omission, the court shall relieve the candidate from the consequences of such act or omission on the part of his election agent.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 31 (Publication of summary of return of election expenses).
§ Amendment proposed, in page 17, line 8, after the word "person," to insert the word "found."—(Sir R. Assheton Cross.)
88§ Question proposed, "That the word 'found' be there inserted.
§ Amendment, by leave, withdrawn.
§ Clause 34 (Hearing of person before he is reported guilty of corrupt or illegal practice, &c, and incapacity of person reported guilty).
§
THE ATTORNEY GENERAL (Sir HENRY JAMES) moved, in page 17, line 31, after "reported," to insert as new sub-sections—
(2.) Every person reported by election commissioners to have been guilty at an election of any corrupt or illegal practice may appeal against such report to the next court of oyer and terminer or gaol delivery held in and for the county or place in which the offence is alleged to have been committed, and such court may hear and determine the appeal, and subject to rules of court such appeal may be brought, heard, and determined in like manner as if the court were a court of quarter sessions and the said commissioners were a court of summary jurisdiction, and the person so reported had been convicted by a court of summary jurisdiction for an offence under this Act, and notice of every such appeal shall be given to the Director of Public Prosecutions in the manner and within the time directed by rules of court, and subject to such rules then within three days after the appeal is brought.
(3.) Where it appears to the Lord Chancellor that appeals under this section are interfering or are likely to interfere with the ordinary business transacted before any courts of oyer and terminer or gaol delivery, he may direct that the said appeals, or any of them, shall be heard by the judges for the time being on the rota for election petitions, and in such case one of such judges shall proceed to the county or place in which the offences are alleged to have been committed, and shall there hear and determine the appeals in like manner as if such judge were a court of oyer and terminer.
(4.) The provisions of the Parliamentary Elections Act, 1868, with respect to the reception and powers of and attendance on an election court shall apply as if such judge were an election court.
§ Amendment agreed to.
§
THE ATTORNEY GENERAL (Sir HENRY JAMES) moved, in page 18, line 22, at end, insert as a fresh sub-section—
(5.) With respect to a person holding a licence or certificate under the Licensing Acts (in this section referred to as a licensed person) the following provisions shall have effect:
§ Question proposed, "That those words be there inserted."
§ Amendment proposed to proposed Amendment, in sub-section (b), line 3, before the word "election," to insert the word "Parliamentary."—(Mr. Warton.)
§ Question proposed, "That the word 'Parliamentary' be there inserted."
§ Amendment, by leave, withdrawn.
§ Words inserted.
§ Amendment proposed, in page 19, line 28, after the word "to," to insert the words "the insertion of any name in."—(Mr. Gorst.)
§ Question proposed, "That those words be there inserted."
§ Amendment, by leave, withdrawn.
§ Clause, as amended, agreed to.
§ Clause 35 (List in register of voters of persons incapacitated for voting by corrupt or illegal practices, &c.)
§
MR. GIBSON (for Mr. W. H. SMITH) moved, in page 20, line 11, after the word "published," to insert the words—
(9.) The registration officer shall also, immediately after such report as aforesaid has been made, put a mark against the name of every such person so convicted in the existing register of voters, and any person against whose
90
name such a mark shall have been placed shall not be allowed to vote at any election taking place on the same register.
§ Question proposed, "That those words be there inserted."
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, that the Amendment would give the Registration Officer judicial power, without calling upon the elector to show cause or even identifying him. That proposition was contrary to all law.
§ Amendment, by leave, withdrawn.
§ Clause agreed to.
§ Clause 37 (Withdrawal of election petition).
§
MR. RAIKES moved, in page 22, line 2, after "petition," to insert—
And shall have power to examine upon oath any person or persons whoso evidence the Public Prosecutor or his assistant, or other representative, may consider material.
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)accepted the Amendment.
§ Amendment agreed to.
§
MR. RAIKES moved, in page 22, line 3, to leave out Sub-section (6), and insert—
In every case of the withdrawal of an election petition the security shall, subject to any order made by the Court for the payment of the costs, or of any part of the costs, of the sitting Member or Members, become and be absolutely forfeited to the Crown.
The clause as it stood only proposed forfeiture where the Court was satisfied that the withdrawal was the result of an improper contract. The Amendment would be a protection against vexatious Petitions; and he believed that owing to the ambiguity of the law Petitions would be more numerous than they had ever been before.
§ Question proposed, "That Sub-section (6) stand part of the Bill."
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, he could not accept the Amendment. He thought it would be rather hard that a person who had presented a Petition bonâ fide, and afterwards found that he had been misinformed, should, on withdrawing it, have to forfeit the deposit.
§ MR. WARTONhoped that, in the interests of purity of election, the Amendment would be pressed to a Division.
§ MR. NEWDEGATEconsidered that the Attorney General's resistance to the Amendment was in direct contravention of his declarations regarding the object of the Bill.
§ Question put.
§ The House divided:—Ayes 100; Noes 21: Majority 79.—(Div. List, No. 274.)
§ Clause, as amended, agreed to.
§ It being ten minutes before Seven of the clock, the Further Consideration, as amended, stood adjourned till this day.
§ The House suspended its Sitting at Seven of the clock.
§ The House resumed its Sitting at Nine of the clock.