Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-02-14


void.
This effects an important change in the
| law. Previously the vote Of the corrtlpter
was not void, though TINT of the corrupted
/ was. Now the corrupter's vote also Is
prohibited and void and " he votes he is
! guilty OF an illegal practice, as also is the
person who, knowing his disqualification,
induces him to vote.
| Persons who have become incapable Of
voting by. reason Of offences ut former
elections. for which they have been con
ficteu or reported, may not vote at any
election while such incApacity lasts.
| PERSONS convicted of corrupt practices
are incapable OF voting for seven years,
persons convicted of Illegal practices aro
incapable for five years. from the date Of
| conviction, whether they be convicted on
indictment or summarily Candidates re-.
! ported by an election court as having
known OF corrupt or illegal practices. are
| SUBJECT to similar incapaeites. So persons
reported as having been guilty OF corrupt
or illegal practices, although receiving a
certificate of indemnity, are subject to the
same ineapaciIy as If they had been con-
| vlcted of the offence at the date of the
election.
Although II is an illegal practice for
person belonging to any of these pro-
hibited classes to vote, or for any one else
knowingly to induce or procure such a
person to vote, the election is not thereby
| avoided, unless the offence is committed
by the candidate himself, or by his election
agent, or by a sub'agent in the district for
which he acts.
AFTEE THE MISUNDERSTANDING IN CLAIMS.
All claims which have not been already
| settled must be sent in to the election
agent within II days from the day Of
election q. o., the day on which the candi-
dates returned are declared elected.) Claims
not sent in within this time are barred,
and cannot be recovered. and an election
| agent who voluntarily q. O., except under
| the order OF a competent court) pays a
claim ser.t in after the prescribed time is
guilty of an illegal practice, which may
void his principals scat.
The candidates personal expenses lex
| cept such part of them, if any, as exceeds
| fluO s0OlUO) will, as "A rule, have been de.
frayed by himself, II So he must send in
u statement of the amount so spent by him
10 the election agent within the Il days.
Again, IL any person has been allowed,
under written authority from tho clcc-
ton agent, to make payments for petty
| expenses, u statement giving particulars Of
the sums so paid by him must be sent in
to the election agent within the IA days.
PAYMENT OF CLAIMS.
All claims which the election agent does
not dispute must be paid by him within %
days from the day of election. If the
election agent voluntarily d.. e., except
under the order of a competent court paws
A. claim after that time he is guilty of an
, mGga, practice which may void his princi-
A claim which the election agent fails or
/ refuses to pay within the prescribed time
| becomes disputed claim, and can only be
| lawfully paid by the election agent or the
candidate i'll one or other of two ways:
| (a.l The claimant may bring an action
| for the amount against the candidate or
the election agent in the County Court, in
| cases where the sum claimed is within the
limit of County Court jurisdiction; in the
! High Court, i'll other cases. Ii the de
PENDANT disputes his lidbity the action
| Will be tried in the ordinary way, and in
| the event Of Judgment being given for the
plaintiff the defendant may lawfully pay
| the amount adjudged. If the defendant
disputes merely the amount, the claim will,
| unless the Court otherwise orders be re
ferred for taxation to the Master Regis
| trar or other proper officer, and the sum
| found due on taxation may be lawfully
| paid by the defendant.
Cd BY proceeding in the High Court
| (Which will probably take the form OF an
application to one of the election Judges ii
chambers) m order for leave to pay dis
| plted claim may, in fit case, be obtained
candidate, or Of the claimant. Any sum
paid in pursuance of such all order will be
deemed lawfully paid.
The election agents own claim to re.
Enumeration, like that of every other credi-
tor, must be paid within the 2S DAYS, II
any difference arises as to its amount be.
tween the candidate and the election agent
It becomes disputed claim and must be
dealt with accordingly.
THE RETURN or EXPENSES.
Within 30 days of the dav of election
the election agent must transmit to the re-
| turning officer the Return respecting
| Election Expenses" The return must he
accompanied by declaration made by the
election agent before Justice Of the peace
unless the candidate has named himself as
| hrs election agent. At the game time or
WITHIN DAYS afterwards, the candidate
| must transmit TO the returning officer a
declaration made by himself before ius-
| tice OF the peace. A candidate who is out
| oil the United Kingdom at the time when
the return is transmitted. Is allowed Til the
expiration Of II days from his coming
buck to the Kingdom for making his own
declaration, II, after the date Of the
return, claims are paid by leave of the
! high Court the candidate or agent must.
within days from such payment, trans.
init, return thereof, together with couy
of tile order of the Court, to the RETURNING,
| officer.
CONSEQUENCES OF NOT MAKING AND or
! FALSELY MAKING THE RETURN AND DEC
! LhnATtOSs.
Failure on the part Of the candidate or
election agent to transmit the return and
declarations within the prescribed time is.
unless excused, AN WsyR p'driire which
may void the election, and dlsaDles the
candidate from sitting and voting in the
House of Commons as member for the
place al election from the expiration of the
prescribed llme until either the return and
declarations nave been transmitted ar
until the date Of the allowance by the
Court OF an authorized excuse. A candi.
date sitting or voting during the prohibit
tel herlud is liable To q penalty Of 600
(s5OJl for every day on which he so Sits or
votes, and the penalty may be sued for by
common intofmer. Seyercr penalties
are attached 10 the making OF a false
declarations. II the candidate or election
agent knowingly makes the declaration
falsely, dc may be indicted, and on con
yIrtion Will bc liable u the punishment
Tor |ilth' d"d c0tr'pt l,eGjury d. e., seven
years penal scrvlrudr.J The offence will
also be deemed corrupt practice, avoid.
ing the election, and exposing the offender
to the OTHER disabilities nj Il person CON
victcd OF q corrupt practice.
AUTHORIZED EXCUSES FuR DELAY or ERROR
e.. lN TllE RETURN.
Noncompliance with the provisions of
the Law rs to the Return and Declarations
GHh only DC excused by an order of the
High Court or of an Election Court.
The Court may make such an order on
the application either of the candidate ar
Of the election agent, and in respect either
Of the failure to transmit the return and
declarations, Or Of errors or false state.
mCnts therein,
The ,ipblicupt ;F finn r1,1;l.- .