The Law of Parliamentary Elections And Election Petitions : With Suggestions On the Conduct And Trial of An Election Petition, Forms And Precedents, And All Statutes Bearing On the Subject

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ILLEGAL PRACTICE, WHAT IS. 145 election agent, or sub-agent, who knowingly acts in contravention of the section is guilty of an illegal practice. It is, however, submitted, for the reasons set out on pp. 141, 142, supra, that these words are surplusage.
It will be noticed that not only paying but incurring expenses is prohibited by this section.
By sect. 63 a candidate means " any person elected to serve in Parliament at such election, and any person who is nominated as a candidate at such elec
...tion, or is declared by himself or by others to be a candidate, on or after the day of the issue of the writ for such election, or after the dissolution or vacancy in consequence of which such writ has been issued." In Rochester (u) counsel submitted that under the above section the respondent was not " a candidate " until after the dissolution, and that the issue of the writ and the expenses incurred by him before that time could not be included in the election expenses.
As to this Cave, J., said (v) : — "When a man begins to incur expenses with regard to an election, there is nothing to prevent his appointing an election agent.


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