119

Hon. Mr. Hislop.

CORRUPT PRACTICES.

ANALYSIS. 1. Short Title. 27. Wearing, carrying, or providing cocka,cles, 2. Interpretation. flags, &c., prohibited. 28. Wagers, &0.,on result of election prohibited. PART I. 29. Avoidance of eledion for extension of illegal practices, &c. CORRUPT PRACTICES. Bribery. Excuse and Exception for Con'Upt 01' Illega1 3. Bribery defined. Practice, or IllegaZ Payment, Employment, or 4. Bribery further defined. Hifmg 5. Treating defined. 30, Report exonerating candidate in certain cases 6. Certain acts committed on licensed premises of corrupt and illegal practice by agents. declared to be treating. 91, Power of Election Court to except innoc'ent 7. Undue influende defined. act from being illegal practice, &0. 8. Definition of personation at elections. 32. Granting leave of absence to employ6s to 9. Definition of personation in relation to elec- vote not illegal practice in certain cases. toral Folls. 10. Punishment of candidate guilty personally Election £*enses. or by agcnts of corrupt practices. 33. Return anddeclaration as to election expenses. 11. Punishment of person convicted on indict- ment of corrupt practices. DisquaU,/Zeation of Electors.

Illa.gal Practices. 84, Vote to be struck off for corrupt or illegal practices. 12. Certain expenditure to be illegal practice. 35, Prohibition of persons guilty of corrupt or 13. Expense in excess of maximum to be illegal illegal practices to vote. practice. 36, Punishment for disqualified person voting. 14. Voting by prohibited persons and publishing 37. Hearing a person before he is reported guilty of false statements of withdrawal to be of corrupt or illegal practice, and incapa illegal. ciby of person reported guilty. 15. Provision as to report of Election Court 88. List of persons incapacitated for voting by respecting illegal practice, and punishment corrupt or illegal practied. of candidate found guilty by such report. 39. Reversal of disqualification procured through 16, Punishment of illegal practice on conviction. perjury. 40. Penalty on public officer for misfeasance Ilkgal Payment, Employment, and Hii·big. or wilful neglect. Frivolous or vexaaious informations may be dismissed. 17. Providing of money for illegal practice or payment; to be illegal payment. 18. Employment of hackney carriages or car- PART IL riages and horses kept for hire. 19. Corrupt withdrawal of a candidate. ELECTION PETITIONS. 20. Certain expenditure to be illegal payment. 41, To whom and by whom election petition may 21. Certain employment to be illegal. be presented. 22. Provision to prevent paid scrutineers from 42. Petition to allege specific grounds of com- voting. plaint. 28. Name and address of printer on placards. 43. Regulations as to presentation of election 24. Saving for creditors. petition. 25. Use of certain premises for committee-rooms 44, Petition to be forwarded to Registrar of or meetings to be illegal hiring, Supren?le Court, Wellington. 96. Punishment of illegal payment, employment, 46. Notice and copy of petition to be served on ment, or hiring. respondent. No. 30-1. 2 Corruit Plizatices.

16. Mode of trial. Speciat Cases. 47. Report of Judges thereon. 67. Respondent not opposing not to appear as 48. House to carry out report. party or to sit. 49. Evidence of corrupt practices or illegal 68. Election Officer, if complained of, to be practices, how received. respondent. 50. Trial may proceed during recess. 69. Recriminationwhen petitionforunduereturn. 51. Form of petition. Service of petition. 70. Petition complaining of no return. 59. Joint respondent to petition. 53. Petitions relating to sallie election treated as one petition. PART III. 54. Rules to be made by Court. GENERAL PROVISIONS. Legal Proceedings. Jurisdiction and Expe,bses. 71. Inquiry by Minister of Justice into alleged 55. Power of Judges. Attendance on Judges. corrupt or illegal practice. 72. Returning Officers may arrest persons guilty

Witizesses. of personation. 78. Returning Officer to prosecute. 66. Summons of witnesses. 74. Registrars to have same power of arrest for 57. Judges may summon and examine witnesses. personation. 68. Witness not exempted from answer on ground 75. Indictments to be tried in Supreme Courli of criminating himself. Protection to wit- only. Costs of prosecution to be allowed. ness so answering. Judges' certificate to 76. In case of private prosecution, defendant atav proceedings against witness. nlay recover costs. 69. Witness nob required to decl;1re how lie 77. Prosecutor not to be entitled to costs unless voted. lie has entered into recognisance. 60. Reasonable expenses of witnesses to be 78. Limitation of actions and prosecutions. allowed. 79. Persons charged with corrupt practice ma,y be found guilty of illegd practice. WW:drawaL and Abatement of Petitions. 80. Husbands and wives to be competent · wit- 61. Withdrawal of petition, and substitution of nesses. new petitioners. Misceihneotis. 62. Court to report to Speaker circumstances of 81. Scrutiny of votes, how to be conducted. withdrawal. 82. Service of notices, 68. Abatement of petition. 83. Summary prosecutions. 64. Admission in certain cases of voters to be 84. Costs may be granted to the Crown. respondents. 85. Costs to be recovered as a debt. 86. Expenses of administration to be paid out of Costs. Public Account. 65. General costs of petition. 87. Repeal. 66. Recognisance, when to be estreated. Schedules.

A BILL INTITULED

Title. AN AcT for the Prevention of Corrupt Practices at Parliamentary Elections, and for the Trial of Election Petitions. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :- Short Title. 1. The Short Title of this Act is " The Corrupt Practices Act, 5 1889." 2. -- Interpretation. In this Aet, unless the context otherwise requires, 1881, No. 13, s. 2. " Candidate " means any person who has been nominated for a candidate for a seat in the House of Representatives ; and includes any person who is elected to a seat in the said 10 House: " Corrupt practice " means any of the following offences, namely, bribery, treating, undue influence, and persona- tion as defined in this Act ; and includes aiding, abetting, counselling, or procuring the commission of the offence of 15 personation : " District " or " electoral district " means a district of the colony in respect of which members are returned to serve in the House of Representatives : " Election " or " parliamentary election " means an election of 20 a member or members of the House of Representatives : g ' At an election," " at any election," and " during any elec- . tion," respectively mean and include the whole period from the tenth daf inclusive before the day named in the writ as to be the polling-day at any election until and Co¥*upt Practices. 3

inclusive of the day on which the result of such election shall be published: " Election Court" or " Court " means the Judges of the Sup- reme Court for the time being presiding at the trial of an 5 election petition : " Election petition " means a petition presented in pursuance of this Act: " Elector " means any person who shall have a right to vote at any parliamentary election : 10 " Illegal practice " means and includes every offence which is an illegal practice within the meaning of this Act or any other Act relating to elections or corrupt practices thereat : " Judges " means Judges of the Supreme Court appointed to 15 try election petitions : " Judicial office " includes the office of a Justice of the Peace: " Payment " includes any pecuniary or other reward; and the expressions " pecuniary reward " and " money " shall be deemed to include any valuable security or other equiva- 20 lent for money, and any valuable consideration : ' ' Prescribed " means prescribed by rules of Court under this Act: " Public office " means any office under the Acts relating to counties, boroughs, town districts, or road districts, or 25 " The Education Act, 1877," " The Public Health Act, 1876," " The Harbours Act, 1878," or under any other Act relating to·local government, whether the office is that of Mayor, Councillor, or member of any Board, or is the office of Town Clerk, clerk, or other officer under 30 a Council or Board, or is any other office to which a person is elected or appointed under any of the said Acts : " Registrar " means the Registrar for an electoral district ap- pointed under " The Registration of Electors Act, 1889 :: I "' Returning Officer " means a person appointed to conduct elections :

35 "' Roll" means a general or supplementary roll of electors formed for any electoral district : N Speaker " means Speaker of the House of Representatives.

PART I.

CORRUPT PRACTICES.

40 Bribery. 3. The following persons shall be deemed guilty of bribery, Bribary defined. and sliall be punishable accordingly :- 1881, No. 13, s. 4. (1.) Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give, lend, or agree 45 to give or lend, or shall offer, promise, or promise to pro- cure or to endeavour to procure, any money or valuable consideration to or for any elector, or to or for any person on behalf of any elector, or to or for any other person in order to induce any elector to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of such elector having voted or refrained from voting at ally election : 4 Corrupt Practices.

(2.) Every person who shall, directly or indirectly, by himself ' or by any pther person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure or to endeavour to procure, any office, place, or employment to or for any elector, or to or for any person 5 on behalf of any elector, or to or for any other person in order to induce such elector to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of any elector having voted or refrained from voting at ally election : 10 (3.) Every person who shall, directly or indirectly, by himself or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as afore- said to or for any person, in order to induce such person to procure or endeavour to procure the return of any per- 15 son to serve in the House of Representatives, or the vote of any elector at any election : (4.) Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise, or endeavour to procure the 20 ' return of any person to serve in the House of Representa- tives, or the vote of any elector at any election : (5.) Every person who shall advance or pay, or cause to be paid, any money to or to the lise of any other person with the intent that such money or any part thereof shall be 25 expended in bribery at any election, or who shall know- ingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election. Bribery further 4. The following persons shall also be. deemed guilty of bribery, 30 defined. and shall be punishable accordingly :- 1881, No. 13, s. 6. (1.) Every elector who shalll, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or em- 35 ployment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any election : (2.) Every person who shall, after any election, directly or indirectly, by himself or by any other person on his 40 behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or to refrain from voting at any election. Treating defined. 5. (1.) Every person who, by himself or by any other person, 46 Ib., s. 6, extended by 46 and either before, during, or after an election, directly or indirectly gives 47 Vict., c. 51, s. 1. or provides, or pays wholly or in part the expense of giving or pro- viding, any meat, drink, entertainment, or provision to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at the election, or 50 on account of such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at such election, shall be guilty of treating. AZZB

Col'rupt Practices. 5

(2.) And every elector who accepts or takes any such meat, drink, entertainment, or provision shall also be guilty of treating. 6. Every holder of a license for the sale by retail of intoxi- certain acts com- eating liquor- mitted on licensed premises declared 5 (1.) Who knowingly supplies any meat, driiik, entertainment, Or to be treating, provision to any person in case the supply thereof is 1881, No. 13, s. 84. demanded for the purpose of treating, or any corrupt or illegal practice ; or (2.) Who knowingly supplies any meat, drink, entertainment, or 10 provision to any persons, whether electors or not, for the purpose of promoting or procuring the election of a can- didate at an election, and supplies the same without receiving payment for the same at the time when the same is so supplied, 15 shall be guilty of treating, No holder of a license as aforesaid shall be under any obligation to supply meat, drink, entertainment, or provision to any person in case the supply thereof is demanded for the purpose of treating, or any corrupt or illegal practice. 20 7. Every person who shall, directly or indirectly, by himself Undue influence or by any other person on his behalf, make use of or threaten to make defined. Ib.,rs. 7. use of any force, violence, or restraint, or inflict or threaten to inflict, by himself or by or through any other person, any temporal or spiritual injuri, damage, harm, or loss upon or against any person in 25 order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who shall by abduction, duress, or any fraudulent device or contrivance impede or prevent the free exercise of the franchise of any elector, or shall thereby compel, induce, or prevail 30 upon any elector either to give or to refrain from giving his vote at any election, shall be deemed guilty of undue influence. 8. A person shall, for all the purposes of the laws relating to Definition of personation at elections, be deemed guilty of the offence of personation who at any elections. such election applies for a ballot-paper in the name of some other Ib,,8.27, 85 person, whether that name be that of a person living or dead, or of a fictitious person, or who, having voted once at any such election, applies at the same election for a ballot-paper in his own name. 9. A person shall also, for all the purposes of the laws relat- Definition of ing to elections, be deemed guilty of the offence of personation who rrfittittoral 40 at any time, without a written authority to do so,- rolls. (1.) Sends in any claim to have the name of any other person Ib:, s. 28. inserted on any list of voters, or on any electoral list or roll ; (2.) Attaches or writes the name of any other person on any 45 such claim, in order to make it appear as the claim of such person ; (3.) Procures the name of any other person to be inserted in ally such list of voters or electoral list or roll. 10. Upon the trial of an election petition respecting an election Punishment of 50 for any electoral district, the following consequences shall ensue 3C]naay go:ify upon the report by the Election Court to the Speaker, that is to agents of corrupt practices. say,- Ib., 9.8,9. 6 Corrupt P¥actices.

(a.) If the report is that any corrupt practice, other than treating or undue influence, has been proved to have been com- mitted in reference to such election by or with the know- ledge and consent of any candidate at such election, or that the offence of treating or undue influence has been 5 proved to have been committed in reference to such elec- tion by any candidate at such election, that candidate shall not be capable of being elected to or sitting in the House of Representatives for the said district or any other district for three years after the date of the report ; and, 10 if he has been elected, his election shall be void ; and he shall further be subject, for such period after the date of the report, not exceeding three years, as the Election Court shall recommend, to the same incapacities as if at the date of the said report he had been convicted on an 15 indictment of such corrupt practice ; and (b.) If the report is that any candidate at such election has been guilty by his agents of any corrupt practice in reference to such election, that candidate shall not be capable of being elected to or sitting in the House of Representatives for 20 the said district or any other district for such a period, not exceeding three years after the date of the report, as the Election Court shall recommend ; and, if he has been elected, his election shall be void.

Punishment of 11. (1.) A person who commits any corrupt practice other 25 personindictment convicted of on than personation, or aiding, abetting, counselling, or procuring the corrupt practices. commission of the offence of personation, shall be guilty of a mis- 1881, No. 13, s. 10. demeanour, and on conviction on indictment shall be liable to be 1882, No. 2, s. 4. 46 and 47 vict., c. Ined any Slim not exceeding foll T hundred pounds. 51, s. 6. (2.) A person who commits the offence of personation, or of 30 aiding, abetting, counselling, or procuring the commission of that offence, shall be guilty of a misdemeanour, and any person convicted thereof on indictment shall be punished by imprisonment for a term not exceeding tloo years, with or without hard labour, at the dis- cretion of the Judge. 85 (3.) A person who is convicted on indictment of any corrupt practice shall (in addition to any punishment as above provided) be not capable, during such period, not exceeding three years from the date of his conviction, as the Judge presiding at the trial at which he is convicted shall by order iii writing appoint,- 40 (a.) Of being registered as an elector or of voting at any election in New Zealand, whether it be a parliamentary election or an election for any public office within the meaning of this Act; or (b.) Of holding any public or judicial office within the meaning 45 of this Act ; and if he holds any such office the office shall be vacated. (4.) Any person so convicted of a corrupt practice in reference to any election shall also be incapable of being elected to and of sitting in the House of Representatives during the three years next 60 after the date of his conviction, and if at that date he has been elected to the said House his election shall be vacated from the time of such conviction. Corrupt Practices. 7

Illegal Practices. 12. (1.) No payment or contract for payment shall, for the Certain expenditure purpose of promoting or procuring the election of a candidate at any }111Yg&1 election, be made-- 1881, No. 13, s. 13, 5 (a.) On account of the conveyance of electors to or from the poll, 46 andand 47 Sched. Vici., II c. whether for the hiring of special trains, steamboats, or 51, s. 7. other boats, or horses or carriages, or for railway fares, or otherwise ; or (b.) To an elector on account of the use of any house, land, 10 building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibition of any address, bill, or notice ; or (c.) On account of any committee-room in excess of the number allowed by this Act, that is to say, one committee-room 15 and no more for each polling-place in an electoral dis- triot. (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 an 20 election, the person making such payment or contract shall be guilty of an illegal practice ; and any person receiving such pay- ment, 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. 25 (3.) Provided that where it is the ordinary business of an elector, as an advertising agent, to exhibit for payment bills and advertise- ments, 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. 30 13. (1.) Subject to such exception as may be allowed in pur- Expense in excess of maximum to be suance of this Act, no sum shall be paid and no expense shall be illegal practice, incurred by or on behalf of a candidate at an election, whether before, 1881, No. 13, s. 13, during, or after an election, on account of or in respect of the and Sched. II. conduct or management of such election, except as follows, that is to EIS say,_ (a.) The personal expenses of the candidate : (b.) The expenses of printing, and the expenses of advertising in newspapers : (c.) The expenses of stationery, postage, and telegrams : 40 (d.) The expenses of holding public ineetings : (e.) The expenses of a number of committee-rooms not exceeding one committee-room for each polling-place in an electoral district : (f.) Expenses in respect of miscellaneous matters, not exceeding 45 tiventy-jive pounds, so nevertheless that such expenditure is not incurred under this head in respect of any matter constituting an offence under this Act, or in respect of any matter or thing payment for which is expressly prohibited by this Act. 50 (2.) Any candidate or agent of a candidate or other person who knowlngly acts id contravention of this section shall be guilty of an illegal practice. 8 Corrupt Practices.

Voting by prohibited 14. (1.) If any person votes or induces or procures any person persons and pub- lishing of false to vote at an election, knowing that he or such person is prohibited, statements of with- whether by this or any other Act, from voting at such election, he drawal to be illegal. 1881, No. 13, s. 16. shall be guilty of an illegal practice. 46 and 47 Vict., e. (2.) Any person who before or during an election knowingly . 5 51, s. 9. publishes a false statement of the withdrawal of a candidate at such election for tlie purpose of proinoting 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 com- 10 mitted without his knowledge and consent. Provision as to 15. Upon the trial of an election petition respecting an election report of Election Court respecting for any electoral district, the following consequences shall ensue upon illegal practice, and the report by the Election Court to the Speaker, that is to say,- punishment of candidate found (a.) If the report is that any illegal practice has been proved to 15 guilty by such have been committed in reference to such election by or report. 1882, No. 2, ss. 3,4. with the knowledge and consent of any candidate, that candidate shall not be capable of being elected to or of sitting in the I][ouse of Representatives for the said dis- trict or any other district during such a period, not exceed- 20 ing three years next after the date of the report, as the Election Court shall recommend, and, if he has bden elected, his election shall be void ; and he shall further be subject, for such period after the date of the report as the Election Court shall recommend, to the same ineapacities 25 as if at the date of the report he had been convicted on an indictment of such illegal practice ; and (b.) If the report is that a candidate at such election has been guilty by his agents of any illegal practice in reference to such election, that candidate shall not be capable of being 80 elected to or sitting in the House of Representatives for the said district for such a period, not exceeding three years after the date of the report, as the Election Court shall recommend ; and, if he has been elected, his election shall be void.

Punishment of 16. A person guilty of an illegal practice shall be guilty of a 55 illegal practice on conviction. misdemeanour, and on conviction on indictment shall be liable to a 1881, No. 13, s. 10. fine not exceeding one hundred pounds, and shall also in addition be 1882, No. 2, s. 8. liable to be declared not capable, during such a period, not exceeding three years from the date of his conviction, as the Judge presiding at the trial at which he is convicted shall by order in writing appoint,- 40 (a.) Of being registered as an elector or voting at any election in New Zealand, whether it be a parliamentary election or an election for a public office within the 111eaning of this Act; or (6.) Of holding any public Or judicial office within the meaning 45 of this Act ; and if he holds any such office the office shall be vacated.

Illegal Payment, Employment, and Hiring.

Providing of money 17. Where a person knowingly provides money for any pay. for illegal practice ment which is contrary to the provisions of this Act, or for any 50 11«,1-

Comipt P'ractices. 9

expenses incurred iii excess of ally Inaximum amolmt allowed by this orpayment tobe Act, or for rel,lacing any money expended in airy such paylilent or illegal payment. 1881, No. 13, s. 15. expenses, except where the sallie inay have been previously allowed 46 and 47 Viet„ c. in purstiance of this Act to be an exception, such person shall be 51, s. 13. 5 guilty of illegal payment. 18. (l.) A person shall not let, lend, or employ, for tile pilrpose Emplotment of hackncy ca,rriages of the conveyance of electors to or from the poll, any public stage or or carriages and hackney carriage, or . any horse or other animal kept or used for horses kept for hire.

drawing the same, or any carriage, liorse, or other animal which he 46 and51,8.14. 47 Viet, c. 10 keeps or nses for the purpose of letting out for hire, and, if lie lets, lends, or employs. such carriage, hor se , or other animal, knowing that it is intended to he used for the purpose of the conveyance of 0_lectors to or froni the poll, he shall bo guilty of :in illegal hiring. (2.) A person shall not hire, borrow, or lise for the purpose of 15 the conveyance of el.ectors to or frorn the poll any carriage, horse, or other animal whicli lie knows tlie owner thereof is prohibited by this section to let, lend, or employ for tlint purpose, and if he does so he sliall be guilty of an illegal hiring. , (6.) Notliing iii tliis Act shall prevent n carriage, liorse, or other 20 animal being lot to or liired, employed, or used by an elector, or several electors at their joint cost, for the purpose of being conveyed to or from the poll. (4.) No person shall be lia,ble to pa,Y any fee or to take out a license for airy carriage by reason only of such carriage bring 11#od 25 without payment or promise of payinent fo t]10 convevance of electors to or from tlie poll :it aii election. 19. Any person who corruptly induces or procures any other Corrupt withdrawal of a candidate. person to withdraw froin being a candidate at an election, in con- 46 and 47 riot,, c, sideration of any payment or pro:nise of pnyment, shall be guilty of 51, s. 15. 30 illegal payment, and any person withdrawing, iii pursuance of such inducement or procurement, shall also be guilty of illegal payment. 20. (1.) No payment or contract for payment sliall, for the Certain expenditure to be ille,al purpose of promoting or procuring the election of a candidate at any pyule,it: election, be made on account of bands of music, torches, flags, 1881, No. 18, s. 13. 35 banners, cockades, ribbons, or other niarks of distinction. (2.) Subject to such exception as may be allowed in pursuance of this Act, if a,ny payment or contract for payment is made in con- travention of this section, either before, during, or after an election, the person niaking such payinont shall be guilty of illegal payment, 40 and any person being a party to any such contract or receiving such payment sliall also be guilty of illegal payment if he knew that the same was made contrary to law. 21, (1.) No per,9011 s11&11, for the purpose of promoting or pro- certainemployment

curing the election of a candidate at an election, bo engaged or to be1881, illegal. No. 13, Sched. 4,5 en»]ployed for pnvment, or promise of 1)nyinent, for any purpose or in I, any capacity whatever, except as follows, that is to say,- 46 and 47 Vict., e. 51,8.17. (a.) One scrutineer for each ballot-box in eacli polling-place ; all.d (b.) A iinniber of clerks B.nd inessengers, for conducting business 50 in tile committee-rooms, not exceeding one clerk and one messenger for each polling-place iii an electoral district. 2 10 Conipt Pfactions.

Any such paid scrutineer, clerk, or messenger may or may not be an elector, but may not vote. (2.) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or omployed iii contravention of this section, either before, during, or after ali election, the person engaging 5 or employing him shall be guilty of illegal employment, and the person so engaged or employed 811:ill also be guilty of illegal employ- ment if he knew that he wits engaged or employed iii contravention of this Act : Provided that this section shall jiot apply to any engagement or 10 employment for carrying into effect n contract bomi fide macie wit]1 any person iii tho ordinary conrse of business. Provision to prevent 22. (1.) The candidate or soine one of tlie persons who paid scrutineers, ke., from voting. nominated a candidate sliall, where a poll is to be lield, send to the 1881, No. 13, s, 26. Returning Officer, before the day of the poll, a list, printed or written, 1.5 stating the name of everv serutineer appointed on behalf of such candidate, and specifying wliether such scrutineer is paid or not, and also stating the name of every person who is a clerk or messenger appointed on behalf of the candidate, or from wliorn any committee- room has been hired on behalf of the candidate, a.'}id HAMUMT 81{611 20 person fs the oumer or lessee of such room or a trustee thereof, wi.tli the addition of the address of every such person, and, if lie is an elector and is not an unpaid scrutineer, clerk, messenger, owner, or lessee, of his number on the electoral roll. (2.) The Returning Officer shall furnish to every Deputy Re- 25 turning Officer a list of the iianies and addresses and numbers on the roll of electors of every person in stich list r.-110 is an elector and is entitled to vote at the polling-place at which the Deputy Returning Officer presides. (3.) If any person named iii the list so furnished to the 30 Deputy Returning Officer as a paid scrutineer, or as a paid clerk or inessenger, or as a person from whom a committee-room has been hired, being the owiter or Zessec of bilet *00171 'all(1 not merely a trustee thereof, applies for a ballot-paper, or attempts to vote, it shall be the duty of such officer to warn him that he is not per- 35 mitted to vote, and, if he marks and hands in & ballot-paper, to cause the words " Disqualified by employment " to be placed upon the paper so handed in ; and any ballot-pa.per with those words so placed on it shall not be counted by the Returning Officer, but shall be dealt with by him as a rejected ballot-paper, and shall be specified 40 in any report of rejected ballot-papers, under a separate head, as rejected for disqualification. (4.) Any candidate who fails to comply with this section, and any person who, while purporting to comply with the. provisions thereof, shall make any statement knowiiig the same to be untrue or 45 false, shall be liable on summary conviction to a fine riot exceeding jiftv pounds ; and any sciutineer, clerk, or inessenger whose name 18 not sent to the Returning Officer as required by this sectfon shall not be entitled to attend in any polling-place. Name and address 23. Every bill, placard, or poster having reference to an 50 of printer on placards. election shall bear upon the face thereof the name and address of the 46 and 47 Vict., c, printer and publisher thereof ; and anv person printing, publishing, 51,8.18, 1k9 Corrupt P')'(tctices. 11

or posting, or causing to be printed, published, or posted, anv such bill, placard, or poster as aforesaid which fails to bear upon the face thereof tlie name and address of the printer and publisher, shall, if he is a eazididate, or the agent of a candidate, be guilty of an illegal 5 practice, and, if he is ilot :1 candidate or the agent of a candidate, shall be liable on summary conviction to a fine not exceeding 0128 hundred pounds. 24. The provisions of this Act prohibiting certain payments s#ing for creditors alld contracts for payinents, and tlie paynient of any sum, and the 8, tni{47 Vict., c. 10 incurring of any expense, in excess of a certain maximum, shall not affect ilie right of aily creditor who, when the contract was made or the expense was incurred, was ignorant of the same being in contra- vention of this Act. 25. (a.) Any premises which are licensed for the sale of any use of certain 16 intoxicating liquor for consumption on or off the premises, or on whiell EMYZEIser- refreshment of any kind, whether food or drink, LS ordinarily sold for meetings to be consumption on the premises, or ( 6) ally premises where ally ill- illegal hiring. toxicating liquor is supplied to meilibers of a club, society, or associa- 46 and1881, 47 No. Vict13, s. c.14, tion, or any part of tiny such preinises, shall not, for the purpose of 51,8. 20, 20 promoting or pro(mi'ing tlie election of a candidate at an election, be used either as a committee-room or for holding a ineeting ; and if any person hires or uses any ·stich premises, or any part thereof, iii con- travention of this section, lie shall be guilty of illegal hiring, and the person letting or permitting tlie- ilse of such premises or part thereof, 25 if he knew it was intended to use the same in contravention of this section, shall also be guilty of illegal hiring : Provided that nothing in this section shall apply to any part of such preinises which is ordinarilv let for the purpose of chaijibers or offices or the holding of public itleetings or of arbitrations, if such part 30 has a separate entrance alid 110 direct comulunication with any part of the premises 011 which any intoxicating liquor or refreshment is Bold or supplied as aforesaid. 26. (1.) A person guilty of an offence of illegal payment, Punishment of employinent, or hiring shall, 011 sumiliary conviction, be liable to a emBoyment,illegal payment, or 35 line not exceeding one litindred pounds. hiring. 47 and 48 Vict., c (2.) Where an offence of illegal payillent, einployment, or hiring 70, s. 17. is committed bv a candidate, or with his knowledge and consent, snell candidate shall be guilty of ail illegal practice. 27. No candidate, before, during, or after ally election, shall in wearing, carrying, 40 regard to such election, by liiniself or agents, directly or indiectly, ZSC,lfags, &c,, give or provide to or for any elector, or to or for any other person prohibited. 1858, No. 57, s. 7, whomsoever, any cockade, ribbon, or other inark of distinction ; lInd re-enacted. every person so giving or providing shall for every such offence forfeit the sum of forty shillings to such person as shall size for the same 45 in a summary way, with full costs of suit. And every person who shall during such election display or cause to be displayed any Bag, bantier, or party emblem, or.shall employ or cause to be employed publicly any band of inusic or inusical instru- ments, shall for every such offence forfeit the Burn of forty shillings 50 to such person as shall sue for the same in a summary way. 28. Ally person who Shall illake any wager, bet, or other risk wagers, ic.,on of anjr natilre whatsoever zipon the result of any election shall, on prohibited,resulL of election 12 Con'111)t Pl'(tett,Ce,g.

Victoria, Act 1865, suminary conviction, be liable to a penalty ilot exceeding twentjj No. 279, s. 143, Amended. poiinds, and tho pei-soi} p:ging any such wager, bet, or other risk sliall be guilty of illegal payinent wittllin tlie meaning of this Act. Avoidance of elec- 29. Where, zipon the trial of all election petition respecting all tion for extension of illegal practices, election for any electoral district, it is folilid bv the Election Court 5 ac. that offences of illegal pa,yment, employinent, orliiring, committed in 47 and 48 Vict., c. referelice to such election for tlie purpose of promoting the election of 70, s. 18, a candidate at that election, have so extensively prevailed th:16 they inay be reason:1bly supposed to lia-ve affected tlie re>Iult of tliat election, tlie Election Court shall report st,('11 fillding to the Speaker, and the 10 election of sucli candidette, if lie has boon ele(:ted, shall be void, and he shall not, during the period for whicli lie was elected to serve, or for which, if elected, lie liliglit 11[1,-e serve:t, be capable of being elected

to or sittinfrC) iii the House of Represe]- »itatives.

Excuse ((12(1 E.reeptiolt for Corritpi (,r Illecucd Prctetice Or Illegal 15 Payment, JE,jiployment, or Iiiring. Report exonerating 30. Where, upoil the trial of 811 (lection petition respecting candida,te in certain cases of corrupt amd an election for ailv electora,1 ([i.Strict, the Election Court report that a illegal practice by candidate Elt such election lias been guilty by his agents of tlie offence agents. 46 and 47 Vict., c. of treating and undue influence, and illegal practice, or of ally of such 20 51, s. 22. offences, in reference to snell election, aild tlie Election Court further report thut the c:indidate lias proved to the Court- ((t.) Th:it 110 col'rilpt or illegal .practice was cominitted at such election by tlie (:andid,ite or witli his knowledge or con- sent, and ille offerices inentioned iii the said report were 25 comitiitted withozit the stilietion or connivance of sueli candidate ; ai_id (6.) Tliat all reasonable illeallS for preventing tlie cominission of corrupt and illegal practices at sucll election were taken by and on behalf of such candidate ; and 30 (c.) Tliat the offences itientioned in tile said report were of a trivial, unimportant, and liinited character ; and (d.) That iii all oblier respects the election was free from any corrupt or illegal practice oii the part of such candidate akid of his agents,- 35 then the election of sucli candidate sliall not, by reason of the offences mentioned iii sticll report, be void, nor shall the candidate be subject to any incapacity linder this Act. Power of Election 31. Where, on application inade, it is shown to the Supreme Court to except innocent act from Court or to an Election Court, by such evidence as seerns to the 40 being illegd Court sufficient,- practice, &c. Ib., c. 51, s. 23. (a.) That any act or omission of a candidate at any election, or of any agent or other person, would, by reason of being in contravention of any of the provisions of this Act, be but for this section an illegal practice, payment, employ- 46 ment, or hiring ; and (b.) That such act or omission arose, from inadvertence or from accidental Iniscalculation, or from some other reasonable cause of a like nature, and iii any case did not arise from any want of good faith ; and 60 (o.) That such notice of tho application has been given in the 2-:

Corrupt Practices. 13

electoral district for which the election was held as to the Court seems fit ; and under the circumstances it seems to tlie Court to be just tliat the candidate and tile said agent and person, or any of thein, should 5 not be subject to ally of the consequences under this Act of the said act or omission, tlie Court inav make an order allowing any such act or omission to be all exception from the provisions of tliis Act which would otherwise inake tile s:lille all illegal practice, payinent, employment, or liiring, and thereupon sueli candidate, agent, or 10 person shall not be subject to any of the colisequences under this Act of the said act or omission.

32. Nothing iii this Act contained sliall 111:dic it illeg:11 for :iii Granting leave of absence to ern- employer to permit electors in his employinent to absent themselves ployA to vote not froin such employment for a reasonable tiine for the purpose of voting illegal practice in 15 at the poll at an election, without liaving any deduction froin their certain cases. 48 and 49 Vict., salaries or wages on account of such absence, if such permission is, c. 56,s. 1, so far as practicable, witliout injury to tlie business of tlie employer, given equally to all persons alike who are at the time in his employ- ment, and if such permission is not given with a view of inducing 20 any person to record his vote for any particular candidate at silch election, and is not refused to :iny person for the purpose of pre- venting such person from recording his vote for any particular candidate at such election. This section shall not be construed to wiake illegal ally act which 25 would not have been illegal if this Act had not passed.

Election Empenses. 33. (1.) Every elaii.ji agailist :illy pei'8011 in respect of any Return and deolara- expenses incurred by or oIl behalf of a candidate at an election on tion as to election expenses. account of or in respect of tlie conduct or inanageinent of sucli elee- *6 and 47 Vict,, 30 tion shall be sent iii witliin fourteen days after the day nained in the c. 51, s. 83. i 47 and 48 Vict., writ for the polling to take place at an election (in this section callea c. 70, s. 21. H the day of election "), and if not so sent in sliall be barred and not paid ; and all expenses incurred as aforesaid shall be paid within twenty-one days after the day of election, and not otherwise ; and 35 tiny person wlio makes a payment in contravention of this section, except where such payment is allowed as provided by this section, shall be guilty of an illegal practice ; but if such payment was made witliout the sanction or connivance of the candidate the election of such candidate shall not be void, nor shall he be subject to any 40 incapacity under this Act by reason only of sucli payment having been made in contravention of this section. (2.) Every agent of a candidate at an electidn shall, witliin twenty- three days after the day of election, make a return to the candidate, in writing, of all expenses incurred by such agent on account of or in 45 respect of the conduct or management of such election, and if he fails so to do shall be liable, on summary conviction, to a penalty not exceeding fifty pounds. (3.) Within twenty-eight days after the day of election every candidate at such election shall send to the Returning OfIicer of the 50 district a return of all expenses incurred by such candidate or his agents on account of or in respect of the conduct or manageinent of 14 Cornipt Practices.

uch election, vouched (except in cases of sums under twenty shillings) by bills stating the particulars and receipts, and accompanied by a declaration of tho candidate made before a Justice in the form set forth in the Fi,st.Schedule to this Act, or to tile like effect. (4.) After the expiration of the tilne for making such return and 5 declaration the candidate, if elected, shall not, until he has made the return and declaration (in this Act referred to as " the return and declaration respecting election expenses "), or until the date of the allowance of such authorised excuse as is mentioned in this Act, sit or vote in the House of Representatives, and if he does so shall forfeit 10 fiffy pounds for evefy day on which he so sits or votes to any person who sizes for the same. (5.) The Supreme Court or any Judge tlieredf, or aii Election Court, may, on application either of the candidate or a creditor, allow any claim to be sent in and any expense to be paid after the time 15 limited by this section, and a return of any sum so paid shall forth- with after payment be sent to the Returning Officer, together with a copy of the order of the Court giving tlie leave. (6.) If the candidate applies to the Supreme Court or any Judge tliereof, or an Election Court, and shows that the failure to make the 20 said return and declaration, or either of them, or any error or false statement therein, has arisen by reason of liis illness or absence, or of the absence, death, illness, or misconduct of ally agent, clerk, or officer, or by reason of inmdvertence, or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part 25 of the applicant, the Court may, after such notice of the application, and on production of such evidence of the grounds stated in the application and of the good faith of the applicant and otherwise as to the Court seems fit, make sueli order for allowing the authorised excuse for the failure to make such return and declaration, or for an 30 error or false statement in such return or declaration, as to the Court seems just. (7.) Tlie order inay make the allowance conditional upon coin- pliance with such terms as to the Court seeins calculated for carrying into effect the objects of this Act, and the order shall relieve the .35 applicant from any liability or consequences under this Act in respect of the matters excused by the order. (8.) The date of the order, or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Act as the date of the allowance of the 40 excuse. (9.) Where the candidate is out of the colony at the time when the return should be tiansmitted to the Returning Officer, the agent shall nevertheless make his return to the candidate of election ex- penses as required by subsection two, and shall transmit a copy of 45 such return forthwith to ·the Returning Officer, accompanied by a declaration in the form in the aforesaid Schedule verifying the said return, and in such case the declaration required by this section to be made by the candidate may be so made by him within fourteen days after his return to the colony, and shall be forthwith transmitted to 50 the Returning Officer. (10.) If any candidate or agent, without such authorised excuse . Z3%

Cornipt Practices. 15

as is mentioned in this Act, fails to make the said return and declan- tion he shall be guilty of an illegal practice ; and if he knowingly makes the said declaration falsely he shall be guilty of an offence, and, on conviction thereof on indictment, shall be liable to the punish- 5 ment for wilful and corrupt perjury, and such offence shall also be deemed to be a corrupt practice within the meaning of this Act. (11.) The return and declaration sent in pursuance of this Act to the Returning Officer shall be kept by him, and shall at all reason- able times during the twelve months ·next after they are received by 10 him be open to inspection by any person on payment of the fee of one shilling, and the Returning Officer shall, on demand, furnisli copies thereof or any part thereof at the price offourpence for every seventy- two words. (12.) After the expiration of the said twelve months the Return- 15 ing Officer may cause the return and declaration to be destroyed, or, if the candidate so require, shall return the same to him.

Disq'ltalification of Electors. 34. Where a candidate, on the trial of an election petition, Vote to be struck claiming the seat for any person, is proved to have been guilty, by illegaloff practices, for corrupt or 20 himself or by any person on his behalf,·of bribery, treating, or undue 1881, No. 18, s. 88. influence in respect of any person who voted at such election, or where any person retained or emploped for reward by or on behalf of such candidate for all or any of the purposes of such election, as scrutineer, agent, clerk, messenger, or iii any other employment, is 6M zo proved on such trial to have voted at such election, there shall, ona · scrutiny, be struck off from the number of votes appearing to have been given to such candidate one vote for every person who voted at such election and is proved to have been so bribed, treated, or unduly influenced, or so retained or employed for reward as aforesaid. 30 35. Every person guilty of a corrupt or illegal practice or Prohibition of

of illegal employment, payment, or hiring at an election is prohibited personscorrupt guilty or illegal of from voting at such election ; and if any such person votes his vote practices to vote. shall be void, and shall be. struck off on a scrutiny. Ib. s. 23.

36. If any person, while lie is, in consequence of conviction P.unisdisqualified»ent forperson 35 or of the report of any Election Court, not capable under this Act Of voting. voting at any election, whether a parliamentary election or an election Ib., s. 24. to any public oflice, votes or applies for a ballot-paper at any such election, lie shall, notwithstanding his name is on the register of electors or of persons entitled to vote at the said election to any 40 public office, be liable, on summary conviction, to a fine not exceed- 1ng one li,undred pounds, and his vote shall be void, and shall be struck off on a scrutiny. 37. (1.) Before a person, not being a party to an election Hearing a person petition, nor a candidate on behalf of whom the Beat 18 claimed by an before he is reported guilty of corrupt or 45 election petition, is reported by an Election Court to have been guilty illegal practice, and at an election of any corrupt or illegal practice, the Court shall cause incapacity of person reported gllilty, notice to be given to such person, and, if he appears in pursuance Ib, s, 25. of the notice, shall give him an opportunity of being heard by him- 46 and 47 Vict., e. 51, s. 38. self and of calling evidence in his defence to show why he should not 60 be so reported. (2.) Every person who is reported by any Election Court to have 16 Comipt Practices. been guilty of any corrupt or illegal practice at tin election shall, iylietlier he obtained a certificate of indemnity or not, be sul)ject to the same incapacity as he would be subject to if he had, at the date of such election, beeii convicted of idle offence of which he is reported to have been guilty. 5 (3.) Where a person who is a Justice of the Peace is reported by any Election Court to have been guilty of a,ny corrupt practice in reference to an election, whether he has obtained a certificate of indemnity or not, it shall be tlie duty of the Minister of Justice to report tlie case to the Goverizor, with sucli evidence as may have beon 10 given of such corrupt practice ; and, wliere any sitcli person acts as a Justice of the Peace by virtize of his being or having beeii Mayor of a borough, tlie Governor shall have the same power to remove such person frorn being a Justice of the Peace as if he was named in a Commission of the Peace. 15 (4.) Where a person wlio is a barrister or solicitor, or who belongs to any profession the admission to which is regulated by law, is reported by any Election Court to have been guilty of any corrupt practice in reference to an election, whether site:11 person has obtained a certificate of indemnity or not, it shall be the duty of the Attorney- 20 General to brhig the inatter before the tribunal linving power to take cognisance of any misconduct of such person in his profession, and such tribunal may deal witli soch person in like manner as if stic]1 corrupt practice were misconduct by such person in his profession. (5.) -With respect to a person holding a license or certificate under 23 " The Licensing Act, 1881 " (in this section referred to as a licensed person), tlio following provisions shall have effect :- (a.) If it appears to the Court by which any licensed person is convicted of the offence of bribery or treating that such offence was committed on his licensed premises, the Court 30 shall direct sueli conviction to be entered in the prqper register of licenses. (b.) If it appears to an Election Court that a licensed person has knowingly suffered any bribery or treating iii reference to any election to take place upon his licensed premises, such 35 Court (subject to the provisions of this Act as to a person having an opportunity of being heard by himself and pro- ducing evidence before being reported) shall report the same ; and snell report shall be laid before tlie Minister pf Justice, who shall, whether such person obtained a cer- 40 tificate of indemnity or not, bring such report before the Licensing Committoo from whom or on whose certificate tlie licensed person obtained his lice»Lise, and suell Licensing Committee shall cause such report to be entered in the prdper register of licenses. 46 (c.) Where an entry is made in the register of licenses of any such conviction of or report respecting any licensed person as above in this section nientioiked, it shall bo takeii into consideration by the Licensing Committee in determining whether they will or will not grant to such persoii the re- 60 newal of his license or certificate, and may be a ground, if the Committee think fit, for refusing such renewal. 239

Cornipt Practices. 17

38. (1.) Every Registrar shall annually, within the first four- List of persons teen days of the month of April, make out a. list containing the {no'cordr names and description of 111 persons who, though otherwise qualified or illegal practices. 1881, No. 18, s. 11. to vote at an election for any electoral district, have, under this Act, 46 and 47 Vict., c. 5 or under any other Act for the tillie being iii force relating to a 51, s. 89. parliamentary election or an election to any public office, become, by reason of conviction of a corrupt or illegal practice, or of the report of any Election Court, incapable of voting at an election in such district ; and the Registrar shall state in the list (in this Act referred 10 to as " the corrupt and illegal practices list") the offence of which each person has been found guilty. (2.) For tlie purpose of making out such list, ho shall examine. the report of any Election Court which has tried an election petition where the election (whether a parliamentary election or an election 15 to any public office) was held in the district whereof he is Regis- trar. (3.) The corrupt and illegal practices list shall· be kept in the custody of the Registrar, and shall be open for inspection at the same time and in the Same manner as any general or supplementary list of 20 electors is so open in each year ; and public notice shall be given thereof in the same manner by the Registrar, who shall a,lso, in the case of every person in the corrupt and illegal practices list, omit his name from the electoral roll or list of the district ; or, as circumstances require, add " objected " before his name iii the list of claimants to be 25 placed thereon, in like manner as is required by law in any other cases of disqualification. (4.) Any person named in the corrupt and illegal practices list may claim to have his name omitted therefrom, and any person entitled to object to the electoral roll or list of the district may object 30 to the omission of the name of H»ny person from such first-inentioned list. Such claims and objections shall be sent in within the same time and be dealt with in like manner, and any such objection shall be served on the person referred to therein in like manner, as nearly as circumstances admit, as other claims and objections under the 35 enactments of this Act relating to the registration of electors. (5.) The Resident Magistrate appointed to revise and hear objections to any electoral roll or list shall determine such claims and objections and shall revise such list in like manner, as nearly Efs circumstances admit, as in the case of other claims and objections 40 and of any electoral list. (6.) Where it appears to the aforesaid Resident -Magistrate that a person not named in the list is subject to have his name inserted iii the corrupt and illegal practices list, he shall (whether an objection to the omission of such name from the list has or has not been made, 46 but) after giving such person an opportunity of making a statement to show cause to the contrary, insert his name in that list, and expunge his name from any electoral roll or list of the district. (7.) The said Resident Magistrate iii acting under this section shall determine only whether a person is incapacitated by conviction 50 or by the report of any Election Court, and shall not determine whether a person has or has not been guilty of any corrupt or illegal practice. 9 18 Corrupt Pradices.

(8.) The corrupt and illegal practices list shall be appended to the electoral roll, and shall be printed and published therewith wh erever the same is printed or published. Reversal of disquali· 39. Where a person has become subject to any incapacity under fication procured this Act by reason of any conviction or any report of an Election 5 through perjury. 1881, No. 13, s. 37. Court, and any witness who gave evidence against such ineapacitated person upon the proceeding for such conviction or report is convicted of perjury in respect of that evidence, the incapacitated person may apply to the Supreme Court, and the Court, if satisfied that the con- viction or report so far as respects such person was based upon per- 10 jury, may order that such incapacity shall thenceforth cease, and the ' same shall cease accordingly.

Penalty on public 40. Every public officer required by this Part of this Act to do officer for mis- feasance or wilful any matter or thing shall for every wilful misfeasance or wilful act of neglect. commission or omission, contrary to the provisions of this Act, forfeit 15 Ib., s. 42. and pay any sum not exceeding one hundred polunds ; And shall also be liable to pay as damages to the party aggrieved such sum, not exceeding one hundred pounds, as a jury shall assess, with full costs of suit. The action to recover such damages shall be brought in the 20 Supreme Court of New Zealand, and the sum recovered shall be in full for all damages for such misfeasance or act of commission or omission. Frivolous or vexa- If, at the hearing of any information under this section of this tious informations may be dismissed, Act, it shall appear to the Court that such information is unfounded, 25 frivolous, or vexatious, the Court, whether the information is dis- missed or not, may order that the prosecutor shall pay to the defendant such costs, together with such further sum by way of com- pensation, as shall seem reasonable.

PART IL 30

ELECTION PETITIONS.

To whom and by 41. A petition complaining of an undue return or an undue whom election petition maLy be election of a member of the House of Representatives may be presented. addressed to the Chief Justice of the Supreme Court of New Zealand 1880, No, 36, s. 3. by one or more of the following persons :- 35 (1.) Some person who voted, or had a right to vote, at the elec- tion to which the petition relates ; or (2.) Some person claiming to have had a right to be returned or elected at such election ; or (3.) Some person alleging himself to have been a candidate at 40 such election : and such petition is hereinafter referred to as an " election petition." Petition to allege 42. Every election petition shall allege the specific grounds on specific grounds of complaint. which the complaint is founded, and no other grounds than those Ib., s. 4. stated shall be investigated. 45 Regulations as to 43. The following enactments are made with respect to the presentation of election petition. presentation of an election petition :- Ib., s. 5. (1.) The petition shall be signed by the petitioner, or all the petitioners if more than one. 239

Corrupt Pfactices. 19

(2.) The petition shall be presented within twenty-eight days after the day on which the Returning Officer has publicly notified the candidate to be duly elected, unless it ques- tions the return or election upon an allegation of corrupt 6 practices or illegal practices in which case the petition inay be presented within the time following, that is to say,- (a.) At any tillie before the expiration of fourteen days after the day on which the Returning 10 Officer receives the return and declaration respecting dlection expenses by the member to whose election the petition relates and his agent : (b.) If the petition specifically alleges payment of 16 money or other reward or some other act to have been made or done since the said day by the member, or on his account, or with his privity, iii pursilance or in furtherance of such corrupt practices or illegal practices, in which 20 ease the petition may be presented within twenty-eight days after the date of such pay- ment or other act. (3.) Presentation of a petition shall be made by delivering it to the Returning Officer, who shall, within seven days after 25 such delivery, give public notice, by advertisement iii one or more newspapers having general circulation in the electoral district to which the petition relates, of the presentation' of the petition, and the substance thereof. (4.) At the time of the presentation of the petition, or within 30 three days afterwards, security to the satisfaction of the Returning Officer for payment of all costs, charges, and expenses that may beconle payable, as herein provided,- (a.) To any person summoned as a witness on his behalf; or 33 (b.) To the member whose election or return is coin- plained of, who is hereinafter referred to as "the respondent," shall be given on behalf of the petitioner. (5.) The security shall be to the amount of two hundred pounds. 40 It shall be given by a bond to Her Majesty the Queen, to be entered into by any number of sureties not exceeding three, or by a deposit of money in manner prescribed, or partly in one way and partly in the other. 44. On presentation of the petition the Returning Officer shall Petition to be for- 45 forward the same, together with the bonds to the Registrar of the warded to Registrar of Supreme Court, Supreme Court at Wellington. Wellington. 45. Notice of the presentation of an election petition, accom- 1880, No. 36. s. 6. panied by a copy of the petition, shall within the prescribed time, not petitionNotice to be and served copy of exceeding ten days after the presentation of the petition, be served by on respondent. 60 the petitioner on the respondent. 20 Con'llpt Practices.

Mode of trial. 46. The following enactments are made with respect to the 1880, No. 36, s. 7. trial of election petitioiis :-- 1881, No. 13, ss. 9, 18. (l,) The trial shall take place before two of the Judges of the 1882, No, 9, s. 4. Supreine Court, to be nalited by tlie Chief Justice for that purpose. · 5 (2.) If any such Judge, before the conclusion of the trial, should be unable to act, tlie Chief Justice shall Iiaine another Judge wlio shall act in his place. (3.) The trial shall take place withi11 the district iii respect of which the petition has arisen. But, if it shall appear to 10 the Judges that special circumstances exist which render it desirable that the petition should be tried elsewhere than in such district, they may appoint such other place for the trial as shall appear most convenient. (4.) Notice of the time and place at which an election petition 15 will be heard shall be given not less than fourteen days before the day of trial. (5.) The Judges presiding at the trial way adjourn the Sallie from time to time and from place to place as to them may seem expedient. 20 (6.) At the conclusion of the trial the Judges who tried the petition 811911 determine whetlier the member whose return or election is complained of, or any and wliat other person, was duly returned or elected, or whether the election was void, and shall forthwith certify in writing such deter- 25 mination to the Speaker ; aild, upon such certificate being given, such determination shall be final to all intents and purposes. (7.) Where any charge is 111:ide *ill :111 election petition of aiiy corrupt practice or illegal practice 11aving been comnlitted 30 at the election to which the petitioii refers, tlie Judges shall, iii addition to such certificate, and at the sanie time, report in writing to the Speaker as follows :- (a.) Whether any corrupt pi'actice or illegal practice has or has not been proved to have been committed by or 35 with the knowledge and · consent of any candidate at sueli election, and the nature of such corrzipt practice or illegal practice : (b.) Whether ally candidate at such election lias been guilty by his agents of any corrupt practice or illegal 40 practice in reference to such election, and the nature of such corrupt practice or illegal practice : (c.) The naines of all persons wlio have been proved at the trial to have been guilty of any corrupt practice or illegal practice : 45 (d.) The term of punishment, disqualification, or ineapacity which, in the opinion of such Judges,· should be inflicted upon any person, whether a candidate or not, who has been proved at the trial t6 have been guilty of any corrupt practice or illegal practice : 50 (e.) Whether corrupt practices or illegal practices have, or whether there is reason to believe that corrupt practices or illegal practices have, extensively prevailed at the election to which the petition relates. 239

Corrupt Practices. 21

(8.) The Judges inay at the saine time make a special report to the Speaker as to any matters arising in bhe course of the trial, an account of which in their judgment ought to be submitted to the House of Representatives. - 5 47. Every certificate and every report sent to tile Speaker Report of Judges thereon. in pursuance of this Act shall be under the hands of both Judges : and, if the Judges differ as to whether the member whose return 1880, No. 36, s. 7 (9). or election is complained of was duly returned or elected, they shall certify that difference, and the member shall be deemed to be duly 10 elected or returned ; and, if·the Judges determine that such member was not duly elected or returned, but differ as to the rest of the deter- mination, they shall certify that difference, and the election shall be deemed to be void ; and, if the Judges differ as to the subject of a report to the Speaker, they shall certify that difference, and make 15 no report on the subject on which they so differ. Save as aforesaid, any order, act, application, or thing for the purposes of this Part of this Act lilay be made or done by, to, or before one Judge. 48. The House of Representatives, on being informed by the House to carry out 20 Speaker of snell certificate and report, if any, shall order the same report. Ib., s. 7. to be entered on their Journals, and shall give the necessary direc- tions for confinning or altering the return, or for issuing a writ for a new election, or for carrying the determination into execution, or for inflicting the punishment recommended in the report of the 26 Judges, as circumstances may require. When the Judges make a special report the House may make such order iii respect of such special report as it may think proper. 49. On the trial of an election petition, unless the Judges Evidence of corrupt otherwise directs any charge of a corrupt practice or of an illegal practices, or illegal practices, how 30 practice may be gone into, and evidence in relation thereto received, received. before any proof has been given of agency on the part of any candi- Ib., s. 8. date in respect of such corrupt practice or illegal practice. 50. The trial of an election petition shall, so far as is prac- Trial may proceed ticable consistently with the interests of justice in respect of such during recess. Ib., s. 9. 35 trial, he continued de die ·in diem on every lawful day until its eon- clusion, and shall be proceeded with notwithstanding the prorogation of Parliament. 51. An election petition shall be iii such form and state SUell Form of petition. matters as may be prescribed, and shall be served, as nearly as may Service of petition. 40 be, iii the manner in which a writ or summons is served, or in such Ib., ss. 10, 11. other manner as may be prescribed. 52. Two or more ·candidates may be inade respondents to the Joint respondent to same petition, and their cases may for the sake of convenience be petition. Ib., s. 12. tried at the same time, but for all the purposes of this Act such 45 petition shall be deemed to be a separate 'petition against each re- spondent. 53. When more petitions tlian one are presented relating to Petitions relting to the same election or return, all such petitions shalf be dealt with as treatedflame as election one one petition. petition. Ib., s. 18. 60 54. The Judges of the Supreme Court, or the Chief Justice Rules to be made and any other two of such Judges, may from time to time make, by Court. - revoke, and alter general rules and orders (in this Part of this Act Ib, s. 14. referred to as " rules of Court ") for the effectual execution of this 92 Corrupt Practices.

Part of this Act, and of the intention and object thereof, and the regulation of the practice, procedure, and costs of election petitions, and the trial thereof, and the certifying and reporting thereon. Any general rules and orders made as aforesaid sliall be deemed to be within the powers conferred by this Part of this Act, and shall 5 be of the same force as if they were enacted in the body of this Part of this Act. Ally gelieral rules and orders made iii pursuance of this section shall be laid before Parliament within three weeks after they are inade if the General Assembly be then sitting, and, if the General 10 Assembly be not then sitting, within three weeks after tlie beginning of the uext session of the General Assembly.

Jit«risdiction Linci, Expenses.

Power of Judges. 55. On the trial of an election petition the Judges shall, sub- 1880, No, 36, s. 15. ject to the provisions of this Act, have the same powers, jurisdiction, 15 aild authority as Judges of the Supreme Court, and the Court held by them shall be :t Court of record. Attendance on The Judges shall be attended on the trial of an election petition Judges. Ib., s, 16. in tile same nianner as a Judge at a sitting of the Supreme Court, and the expenses of sueli attendance shall be paid out of money to be 20 provided by the General Asseinbly.

I'Vit/1886'86.

Summons of 56. Witnesses shall be subpoenaed and sworn in the same witnesses. inaliner, as nearly as cireilinstances admit, as in a trial of a civil Ib., s. 17. action in the Supreme Court, and shall be subject to the same penal- 25 ties for perjury. Judges nlay 57. On the trial of an election petition the Judges may, by summon and examine witnesses. order under their hand, compel the attendance of ally person as a Ib., s. 18. witness who appears to them to liave been concerned in the election to which the petition refers ; and any person refusing to obey snell 30 order shall be guilty of contempt of Court. The Judges may examine any witness compelled to attend, or any person in Court, although such witness is not called or examined by any party to the petition. After the exainination of a witness as aforesaid by the Judges, 85 such witness may be cross-examined by or on behalf of the petitioner and respondent, or either of them. Witness not 58. (1.) A person who is called as a witness respecting an exempted from election before any Election Court shall not be excused from answer- answer on ground of criminating ing any question relating to any offence at or connected with such 40 himself. election on the ground that the answer thereto may criminate or Ib., ss. 19, 20. 46 and 47 Vict., tend to criminate himself, or on the ground of privilege : Provided c, 61, s. 59. that--

Protection to wit- (a.) A witness who answers all questions which he is required ness so answering. by the Election Court to answer shall be entitled to 46 receie a certificate of indemnity stating that such witness has so answered ; and (b.) An answer by any person to a question put by or before any Election Court shall not, except in the case of Bill indict- ment for perjury in respect of such evidence, be admissible 60 in evidence against him in. _any proceeding, civil _or criminal. Cori'itpt Pi·actices. 23

(2.) If any legal proceeding is at any time instituted against amy Judges' certificate person who has received suel] a certificate of indemnity for ally 52*jg=Yngs offence committed by him previously to the date of the certificate at or in relation to the said election, the Court having cognisance of 6 the case shall on proof of the certificate stay the proceeding, and may in their discretion award to the s*id person such costs as he may have been put to in the proceeding. (8.) Nothing in this section shall be taken to relieve a person receiving a certificate of indemnity from any incapacity under this 10 Act, or from any proceeding to enforce such incapacity (other than a criminal prosecution). 59. No person who has voted at any election shall, in any trial Witness not required to declare of an election petition or in any legal proceeding to question the how he voted. election or return, be required to state for whom he has voted. 35 and 36 Vict., 15 60. The reasonable expenses incurred by any person in appear- c. 33, s. 19. Reasonable ex- ing to give evidence at the trial of an election petition, a,ecording to penses of witnesses the scale allowed witnesses on the trial of civil actions by a Judge of to be allowed. the Supreme Court, may be allowed to such person by a certificate 1880, No. 86, s, 21. under the hand of the Judges. 20 Such expenses, if the witness was called and examined by the. Judges, shall be deemed part of tlie expenses of providing a Court, and in other cases shall be deemed to be costs of the petition.

Withdrawal and zibatement Of Petitions. 61. An election petition shall not be withdrawn without the Withdrawal of petition, and sub- 25 leave of the Judges, upon special application to be made iii and at .titution of new the prescribed manner, time, and place. petitioners. No such application shall be made for the withdrawal of a peti- Ib, s. 22. tion until the prescribed notice has been given,· in the district to which the petition relates, of the intention of the petitioner to make 30 application for the withdrawal of his petition. On the hearing of the application for withdrawal, any person who might have been a petitioner in respect of the election to which the petition relates ma/y apply to the Judges to be substituted as a petitioner for the petitioner so desirous of withdrawing the peti- 35 tion. The Judges may, if they think fit, substitute as a petitioner any such applicant, and may, if the proposed withdrawal is, in the opinion of the Judges, induced by a corrupt bargain or consideration, by order direct that the security given on behalf of the original petitioner shall 40 remain as security for any costs that may be incurred by the sub- stituted petitioner, andthat, to the extent of the sum named in such security, the original petitioner shall be liable to pay the costs of the substituted petitioner. If no such order is made with respect to the security given on 45 behalf of the original petitioner, security to the same amount as. would be required in the case of a new petition, and subjeo.t to the like conditions, shall be given on behalf of the substituted petitiolier before he proceeds with his petition, and within the prescribed time after the order of substitution, 50 Subject as aforesaid, a substituted petitioner shall stand in the same position, as nearly as may be, and be subject to the same liabili- ties, as the original petitioner. 24 Cot·rupt PTattices.

If a petition is withdrawn the petitioner shall be liable to pay the costs of the respondent. Wlyere there .are more petitioners than one, no application to withdraw a petition shall be made except with the consent of all the petitioners. 6 Court to report to 62. (1.) Before leave for the withdrawal of an electioli petition Speaker circum- stances of with- is granted, there shall be produced affidavits by all the parties to the drawal. petition and their solicitors ; but the Court or Judges may, on cause 46 and 47 Vict., c. 51, s. 41. shown, dispense with the affidavit of any particular person if it seems to the Court or Judges on special grounds to be just so to do. 10 (2.) Each affidavit shhll state that, to the best of the deponent's knowledge and belief, no agreement or terms of any kind whatsoever has or have been made, and no undertaking has been entered into, in. relation to the Withdrawal of the petition ; but, if any lawful agreement has been made with respect to the withdrawal of the petition, the 15 affidavit shall set forth that agreement, and shall make the foregoing statement subject to what appears from the affidavit. (3.) The affidavits of the applicant and his solicitor shall further state the ground on which the petition is sought to be withdrawn. (4.) If any person makes any agreement or terms, or enters into 20 any undertaking, in relation to the withdrawal of an election petition, and such agreement, terms, or undertaking is or are for the withdrawal of the election petition in consideration of any payment, or in con- sideration that the seat shall at any time be vacated, or in considera- tion of the withdrawal of any other election petition, or is or are 25 (whether lawful or unlawful) not mentioned in the aforesaid affidavits, he shall be guilty of a misdemeanour, and shall be liable on conviction on indictment to imprisonment for a term not exceeding tivelve months, and to a fine not exceeding two hundred pounds. (5.) Where, in the opinion of the Court, the proposed withdrawal 30 of a petition was the result of any agreement, terms, or undertaking prohibited by this section, the Court shall have the same power with respect to the security as under the last-preceding section, where the withdrawal is induced by a corrupt consideration. (6.) In every case of the withdrawal of an election petition by 35 leave of the Election Court, the Judges shall report in writing to the Speaker whether, in their opinion, the withdrawal of such petition was the result of any agreement, terms, or undertaking, or was in con- sideration of any payment, or in consideration that the seat should at any time be vacated, or in consideration of the withdrawal of any other 40 election petition, or for any other consideration, and, if so, shall state the circumstances attending the withdrawal. Abatement of 63. An election petition shall be abated by the death of a sole petition. 1880, No. 36, s. 24, petitioner, or of the survivor of several petitioners. The abatement of a petition shall not affect the liability of the 45 petitioner to the payment of costs previously incurred. On the abatement of a petition the prescribed notice of such abatement having taken place shall be given in the district to which the petition relates ; and within the prescribed time after the notice is given any person who might have been a petitioner in respect of 50 the election to which the petition relates may apply to the Judges, in and at the prescribed manner, time, and place, to be substituted as a petitioner. 143

Corrupt Practices. 25

The Judges may, if Lliey think fit, substitute as a petitioner any such applicant who is desirous of being substituted, and on whose behalf security to the same amount is given as is required in the case of a new petitioner. 5 64. If before the trial of an election petition any of the follow- Admission in certain cases of ing events happen in the case of the respondent, that is to say,- voters to be (1.) If he dies ; respondents. (2.) If he is summoned to the Legislative Council; 1880, No. 36, s. 25. (3.) If the House of Representatives hav6 resolved that his seat 10 is vacant; (4.) If he gives in and at the prescribed manner and time notice to the Judges that lie does not intend to oppose tlie peti- tion,- notice of such event having taken place shall be given in the district 15 to which the petition relates, and within the prescribed time after the notice is given any person who might have been. a petitioner in respect of the election to which the petition relates niay apply to the Court or Judges to be admitted as a respondent to oppose the petition, and such person shall on such application be admitted accordingly, 20 either with the respondent if there be a respondent, or in place of the respondent, and any number of persons not exceeding three Inay be so admitted.

Costs.

65. All costs, charges, and expenses of and incidental to the General cos ts of

25 presentation of an election petition, and to the proceedings con- petition.Ib., s. 27. sequent thereon, with the exception of such costs, charges, and expenses as are by this Act otherwise provided for, shall be defrayed by the parties to the petition in such manner and in such proportions as the Judges may determine, regard being had to the disallowance 30 of ally COStS, charges, and expenses which may, in the opinion of the Court or Judges, have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part of either the peti- tioner or the respondent, and regard being had to the discourage- ment of any needless expense by throwing tile burden of defraying 35 the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful. (1.) Where any person appears to an Election Court to have been 1881, No. 13, s. 10 guilty of any corrupt or illegal practice, the Court may order the (8). whole or any part of the costs of or incidental to any proceedings 40 before the Court in relation to that practice, or to that person, to be paid by that per son. (2.) The costs may be taxed in the prescribed manner; and such costs may be recovered in the same manner as the costs in an action, or in such other manner as may be prescribed. 45 66. If a petitioner in an election petition neglect or refuse for Recognisance. when

the space of six months, after demand, to pay to any person suno-noned to be1880, estreated. No. 36, s. 28. as a witness on his behalf, or to the respondent, any sum certified to be due to him for his costs, charges, and expenses, and if such neglect or refusal be within one year after such demand proved to 50 the satisfaction of a Judge of the Supreme Court, in any such case every pers6n who has entered into a recognisance relating to such petition shall be held to have made default in his said recognisance, 4 26 Comipt Practices.

and the same shall be dealt with as provided by " The Crown Suits Act, 1881," in respect of recognisances taken in the Supreme Court.

Special Cases.

Respondent not 67. A respondent who has given the prescribed notice that he opposing not to does not intend to oppose the petition shall not be allowed to appear 5 appear tls party 01 to sit, or act as a party against such petition in any proceedings thereon, 1880, No. 36, s. 26. and shall not sit or vote in the House of Representatives until the House of Representatives has been informed of the report on the petition ; and the Judges shall, in all cases in which such notice has been given, in the prescribed time and manner report the same to the 10 Speaker of the House of Representatives.

Returning Officer, 68. Where an election petition complains of the conduct of an if complained of, to Returning Officer, such Returning Officer shall, for all the purposes be respondent. Ib. s. 29. of this Act except the admission of respondent in his place, be deemed to be respondent. 15

Recrimination when 69. On the trial of an election petition complaining of an petition for undue undue return, and claiming the seat for some person, the respondent return. lb., s. 31. niay give evidence to prove that the election of such person was invalid in the same manner as if he had presented a petition com- plaining of such election. 20

Petition com- 70. A petition under this Act complaining of no return may plaining of rio be presented to the Chief Justice, and shall be deeme'd to be an return.

Ib.. s. 30. election petition within the meaning ofthis Act ; and the Chief Justice niay make such order thereon as he may think expedient for compel- ling n return to be made, or may direct such petition to be heard 26 before the Judges in manner hereinbefore provided with respect to ordinary election petitions.

PART III.

GENERAL PROVISIONS. Legal P'roceed,ings. •30

17,quiry by 1\Iinis.ter 71. Where any Election Court report that certain persons of Justice into named by them have been guilty of ally corrupt or illegal practice, alleged cori·iipt or illegal practice. they shall report whether those persons have or have not been fur- 1881 j No. 1 3, s, 40. nished with certificates of indemnity ; and such report shall be laid before the Minister of Justice, with a view to his directing a prosecu- 35 tion against such persons as have not received certificates of indem- nity if he should be advised that the evidence is sufficient to support a prosecution.

Returning Officers 72. Every Returning Officer has power and authority, without inay arrest persons any other warrant t-han this Act, to cause to be arrested and taken 40 guilty of per:sona- tion. before a Justice of the Peace any person reasonably suspected of lb., s. 30. committing or attempting to commit at a polling-place any act of personation. All constables shall aid and assist the Returning Officer in the Derformance of his duty. 45

Returning Officer to 73. It shall be the duty of the Returning Officer to institute a prosecute. prosecution against any person whom he may believe to have been Ib., s. 31. guilty of personation, or of aiding, abetting, counselling, or proeuring X45

Corrupt Praftlces. 27

the commission of the offence of personation by any person, at the election for which he is Returning Officer. The costs and expenses of the prosecutor and the witnesses in 1881, No. 13 s. 32 such case, together with compensation for their trouble and loss of 5 time, shall be allowed by the Court in the same manner in which the Supreme Court is empowered to allow tile same in cases of felony. 74. Every Registrar, in respect of any aCt Of personation Registrars to have described in section nine committed within the district in which he same power of arrest for personation. exercises his office, has the same power and authority and shall have Ib., s, 33, 10 tile same duty as is respectively granted and imposed upon the Returning Officer in respect of an act of personation committed at an election. 75. Every indictment for corrupt practices or illegal practices Indictments to be tried in Supreme shall be tried before the Supreme Court only, and the said Court may court only, 15 order payment to the prosecutor of such costs and expenses as to the costs of prosecution said Court shall appear to have been reasonably incurred in and about to be allowed. the conduct of such prosecution. Ib., s. 19. 76. Iii case of any indictment or information by a private per- In case of private son for any offence against the provisions of this Act, if judgment Evt*bo&y shall be given for the defendant he shall be entitled to recover from recover Costs. 20 the prosecutor the costs, to be taxed by the prop6r officer of the Ib., s. 20. Court, which the defendant shall have sustained by reason of such indictment or information. 77. It shall not be lawful for the said Court to order payment Prosecutor not to be entitled to costs of the costs of a prosecution for any offence against the provisions - unless he has 25 of this Act unless the prosecutor shall, before or upon the finding entered into of the indictment, or the granting of the information, enter into recognisance. Ib., s. 91. a recognisance, with two sufficient sureties to be approved of by the Registrar or Deputy Registrar of the Supreme Court, in the sum of one hundred pounds, to be acknowledged before a Judge of the 30 Supreme Court, with the condition following, that is to say, that the prosecutor shall conduct the prosecution with effect, and shall pay to the defendant or defendants, in case he or they shall be acquitted, his or their costs. 78. No person shall be liable to any penalty or forfeiture Limitation of actions and 35 hereby imposed unless some prosecution, action, or suit for the prosecutions. offence committed shall be commenced against such person within Ib., s. 22. the space of six months next after such offence against this Act has been committed, and unless such person shall be summoned or otherwise served with writ or process within the same space 40 of time, so as such summons or service of writ or process shall not be prevented by such person absconding or withdrawing out of the jurisdiction of the Court out of which such writ or other process has been issued ; and, in case of any prosecution, suit, or process as aforesaid, the same shall be proceeded with and carried out without 45 any wilful delay. 79. Any person charged with a corrupt practice may, if the cir- Persons charged cumstances warrant such finding, be found guilty of an illegal practice, ;5=12; be and any person charged with an illegal practice may be found guilty found guilty of illegal practice. of that offence notwithstanding that the act constituting the offence lIb,, s. 85. 50 amounted to & corrupt practice. 28 Corrupt Practices.

Husbands and wives 80. On any prosecution under this Act, whether on indictment to be competent witnesses. or summarily, and in any action for a pecuniary forfeiture under 1881, No. 13, s. 86. this Act, the person prosecuted or sued, and the husband or wife of such person, may, if he or she think fit, be examined as an ordinary witness in the case. 5

Miscellaneous.

Scrutiny of votes, 81. Wherever the vote of any person at an election is declared - how to be con- or found to be void, or is disallowed, such vote shall be struck off ducted. on a scrutiny. Every scrutiny of votes required or directed to be made under this Act shall be conducted in the presence of not less 10 than two responsible witnesses. Service of notices. 82. Any summons, notice, or document required to be served on any person under the provisions of this Act may, where no special provision is made for such service, be served either by delivering the same to such person, or by leaving the same at, or sending the same 15 by post by a registered letter to, his last-known place of abode, and in proving such service by post it shall be sufficient to prove that the letter wits prepaid, properly addressed, and registered with the Post Office. Any summons, notice, or document required to be served with 20 reference to any proceeding before ally Election Court may be served in manner as above mentioned, or in such other manner as the Court may direct. Summary prosecu- 83. All offences under this Act punishable on summary con- tions. viction may be prosecuted, and all penalties, fines, and forfeitures 25 recovered, iii manner provided by " The Justices of the Peace Act, 1882," before any two or more Justices of the Peace or a Resident Magistrate. Costs may be 84. In any proceedings before any Court or tribunal whatever, granted to the Crown. by a public officer or any other person on behalf of Her Majesty, for 30 the recovery of any fine, forfeiture, or penalty under this Act, the said Court or other tribunal, in awarding the amount thereof, may also in each case award to such public officer or other person the costs of recovering the same. Costs to be re- 85. Where any costs or other sums are, under tlie order of an 35 covered as a debt. Election Court or otherwise under this Act, to be paid by any person, those costs shall be a simple contract debt due from such person to the person or persons to whom they are to be paid, and, if payable to Her Majesty, shall be a debt to Her Majesty, and in either case may be recovered accordingly. 40 Expenses of ad- 86. The Governor from time to time, by warrant under ministration to be paid out of Public his hand, may authorise and direct that all such moneys as shall Account. from time to time be required for paying any expenses law- fully incurred or to be incurred under and in execution of this Act be paid out of the Public Account, and the same shall be so paid 45 accordingly. Repeal. 87. The Acts hereunder mentioned in the Second Schedule are hereby repe&led. 147 Corr'upt Pi'actices. 29

SCHEDULES. Schedules.

FIRST SCHEDULE.

FORM OF DECLARATION BY CANDIDATE AS TO EXPENSES. I, C.D., having been a candidate at the election for the Eleetoral District of , on the day of , [and my agents] do hereby solemnly and sincerely declare that I have pa.id for my expenses at the said election, and that, except as aforesaid, I have not, and to the best of my knowledge and belief no person, nor any club, society, or association, has on my behalf, made any payment, or given, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that, except as aforesaid, no money, security, orequivalent for money, has to my knowledge or belief been paid, advanced, given, or deposited by any one to or in the hands of myself or any other person for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I will not at any future time make or be a party to the making or giving of any payment, reward, office, employ- ment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be a party to the providing of any money, security, or equivalent for money for the purpose of defraying any such expenses. [Signature of dectarant] C,D. Signed and declared by the above-named declarant on the day of , before ine, (Signed) E.F., Justice of the Peace.

1/01#M OF DECLARATION BY AGENT AS TO ELECTION EXPENSES IN CASE THE CANDI- DATE IS ABSENT FROM THE COLONY. I, A,B., being the agent to C.D., candidate at the election for the Electoral District of , 011 the day of , make the annexed return re- specting election expenses of the said candidate at the said election, and do hereby solemnly and sincerely declare that I have examined the said return, and to the best of iny knowledge and belief that return is correct. And I further solemnly a,nd sincerely declare that, except as appears from that return, I have not, and to the best of my knowledge and belief no other person, nor any club, society, or association, has, on behalf of the said candidate, made any pay- ment, or given, promised, or offered ally reward, office, or employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of tlie said election. And I further soleninly and sincerely declare thal I have received from the said candidate pounds and no inore [09: nothing] for the purpose of the said election, and that, except as specified in the said return, no money, security, or equi- valent for money has been paid, advanced, given, or deposited by any one to me or in my hands, or, to the best of my knowledge and belief, to or in the hands of any person, for the purpose of defraying any expenses incurred on behalf of the said can- didate on account of, or in respect of, the conduct or management of the said elec- tion. [Signature of dedarantl A.B. Signed alld declared by the above-nalned deelarant on the day of , before me, (Signed) E.F., Justice of the Peace.

FORM FOR CANDIDATE WHERE DECLARED A CANDIDATE OR NOMINATED IN HIS ABSENCE, AND TAKING NO PART IN THE ELECTION. I, , having been nominated [or havimg been declared by others] in my absence [to be] a candidate at the election for the Electoral District of held on the day of , do hereby solemnly and sincerely declare that I have taken no part whatever in the said election, 5 30 Con'iupt Practices.

And I further soleinnly and sincerely declare that [or with the exception of ] I have not, and no person, club, society, or 11ssociation at my expense has, made any payment, or given, promised, or offered any reward, office, or employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that [or willi the exception of ] I have not paid any money or given any security or equivalent for money bo the person acting as my election agent at the said election, or to any other person, club, society, or association, on account of or in respect of the conduct or management of the said election, and that [or with the exception of 1 I am entirely igno- rant of any money, security, or equivalent for money having been paid, advanced, given, or deposited by any one for the purpose of defraying any expenses incurred on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I will riot, except so far as I may be permitted by law, at any future time make or be party to the making or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be party to the providing of any money, security, or equivalent of money for the purpose of defraying any such expenses. [Signat#re of decta,·a,it] C.D. Signed and declared by the above-named declarant on the day of before me, (Signed) E.F., Justice of the Peace.

SECOND SCHEDULE. 1858, No. 58.-The Election Petitions Act, 1858. 1862, No. 4.-The Election Petitions Act Amendment Act, 1862. 1880, No. 36.-The Election Petitions Act, 1880. 1881, No. 13.-The Corrupt Practices Prevention Act, 1881, 1882, No. 2.-The Corrupt Practices Prevention Act 1881 Amendment Act, 1882.

By Authority: GEORGIE DIDSBURY, Government Printer, Wellington.-1889.