The Express.
London, England, 1857-03-21 00:00:00

' which chiefly govern the legal position of the "agent for
election expensee" and on these many nice question,' may be
expected to seine, more particularly in reference to the pay-
ments which may be lawfully made by him, and not through
the medium of the election auditor. "No other than such
agents," ears the 31st section of the Act, " shall have autho-
rity to expend any moneyor incur anyexpenses of, or releting
to, the election, in the name or on behalf of the candidate ;"
and it is here that we would warn our friends to be en their
guard, for it is out of this mesh that a dishonest candidate
may meet eerily wriggle himself. A eau has very recently
been before the Common Pleas where a parliamentary sent
was precluded from recovering from his employer his re-
tainer, the price of his labour for fifteen days on elution
business, ands large RIM of money actually paid out of
pocket—simply because he sent in him account to. the
"agent for election expenses" (whose duties, as &sod by the
act, do not Wein& the reception of accounts), and . not
to the candidate himself, or to an agent expetuly
authorised by him to receive there, that they might be ' for-
warded in doe course to the election auditor. Hence, it can-
not be too carefully remembered by those who expend their
time or money in behalf of a candidate—let, that all their
elahnsmuet be sent in within one month from the declaration
of the election either tithe candidate, or to =agent authorised
by him in that behalf; 2nd. that the "agent for election ex-
penses," is not grind facie the agent so authorised; 3rd, that
there is nothing to percent the earns person being agent to
receive claims, and a/reacting sa "agent for elect ion expenies ;"
and 4th, that it would eeem, on the other pond, that any
mere personal expense. of the candidate, defrayed by any one
for him by his authority during, but not in connection with,
the election, may be recovered as money paid to the use of
the candidate without the account thereof being forwsided
to any agent at all—such class of expenses not being within
I the act.

Perhaps, however, the meet important queetion which bas
hitherto been judicially decided upon this act, is as to what
are the "legal expenses bona fide incurred at, or concerning,
' " • '

an election," which by the proviso at the end of the 2nd
erection may be paid, or agreed to be paid, by the candidate or
his agents, without committing any of the five species of the
offend of bribery enumerated in the previous part of that sec-
tion. This question was raised in reference to the payment of a
voter's travelling expenses at the Cambridge election in 18.54,
when Mr. Slade, the well-known Queen's counsel on the
Western Circuit, having authorised a letter to a voter re-
questing him to attend the election and vote for him, and
adding that his " travelling expenses would be paid " (which
expenaes were accordingly afterwards defrayed by his agent),
wan sued for the penalties attached by the statute to the
offence of bribery, under the 2nd section, which, by its
first branch, declares (among other things) that any person
who by himself or agent gives money to say voter,
in order to :induce him to vote, or whe shell corruptly
so du on account of such voter having voted, shall
be guilty of bribery. From the judgment of the Es-
chequer Chamber in this ease, we will extract three clear
propositions for the meditation of our electioneering readers:

1. To premiss to pay a voter his travelling expenses condi-
tiocally on his coming and voting for a particular candidate
is bribery. 2. To promise to • particular voter such ex-
panses without any such condition is legal. 3. To pay a
voter his travelling expenses on account of his having voted
s legal ; provided always no illegal promise or understanding
had previously been made to induco his to vote in a parti-
cular way.

We are glad, for the sake of all parties at the approaching
elections, that the Court of Error arrived et this sensible
decision. It has been said, indeed, that it is to be carried to
the House of Lords; but while it remains =evened, no
candidate need fear to be unseated by any election committee,
while he keeps within the limits just indicated. On the
other hand, it behoves all engaged in electioneering pursuits
to remember that a representative may be unmated, though
himself perfectly immaculate, through the folly or ignorance
of his friends—nay, may be made liable to all the penalties
provided by this self-denying ordinance in rwipect of the
" corrupt practice" against which it is aimed.