secretary of a political association (as to this, see Hexham, 1892, 4 O'M. & H. 145; Rochester, 1892, ibid. 158, Day's El. Cas. 99; see also Stepney, 1892, Day's El. Cas. 118). The necessity for a secretary of a political association, whether he be a prospective Election Agent or not, to keep careful and proper accounts, was emphatically pointed out in Bodmin, 1906, 5 O'M. & H. 229.

Appointment of Election Agent.-On or before the day of nomination at an election a person must be named by or on behalf of each candidate as his agent for the election; such person is termed the "Election Agent" (Corrupt and Illegal Practices Prevention Act, 1883, s. 24 (1)). Where a candidate is nominated in his absence, an Election Agent must be named on his behalf; in such case this might be done by one of the persons nominating or seconding the candidate. In most cases, however, the Election Agent is appointed by the candidate personally.

The appointment of an Election Agent is obligatory, but the Act expressly enables a candidate to name himself as his own Election Agent, in which case he becomes, so far as circumstances admit, subject to the provisions of the Act both as a candidate and as an Election Agent (ibid. s. 24 (2)).

The appointment need not necessarily be in writing, a verbal appointment being in law sufficient; it is, however, usual and certainly most advisable in the interests both of the candidate and of the Election Agent for the appointment to be in writing.

The name and address of the Election Agent of each candidate must on or before the day of nomination be declared in writing by the candidate, or some other person on his behalf, to the returning officer.

The returning officer, upon receiving notice of the appointment of the Election Agent, must forthwith give public notice of the name and address of every Election Agent so declared (ibid. s. 24 (3)). Notice may be given by advertisements, placards, handbills, or such other means as the returning officer thinks best calculated to afford information to the electors (see ibid. s. 62 (1), and the Ballot Act, 1872, Sched. I. r. 46).

Only one Election Agent may be appointed for each candidate (Corrupt and Illegal Practices Prevention Act, 1883, s. 17 (1), and s. 24 (4); see also Sched. I. Part I. (1)). The same individual may be appointed as Election Agent on behalf of two or more candidates at an election, but this would create a joint candidature (see CANDIDATE).

Change of Election Agent.-The appointment of an Election Agent may be revoked, and in the event of such revocation or the death of the Election Agent before, during, or after the election, another Election Agent must be forthwith appointed, and his name and address declared in writing to the returning officer, who must publicly notify the same (ibid. s. 24 (4)).

Remuneration. The Election Agent may be legally employed for payment (see ibid. s. 17 (1), and Sched. I. Part I. (1)). The amount of the fee or remuneration should be agreed upon at the time of the appointment, and where the appointment is in writing, which as a matter of precaution it should always be, the amount of the remuneration should be specified; but a proviso may be, as indeed it frequently is, inserted for reducing it, if necessary, so as to insure that the maximum allowed for election expenses will not be exceeded.

So far as circumstances admit, the Corrupt and Illegal Practices Prevention Act, 1883, is to apply to a claim by an Election Agent for

his remuneration, and to the payment thereof, in like manner as if he were any other creditor; and if any difference arises respecting the amount of such claim, it is to be dealt with as a disputed claim within the meaning of the Act (s. 32 (1)). The Election Agent may therefore, if he thinks fit, bring an action for it in any competent Court (ibid. s. 29 (8)).

Deputy Election Agent, Sub-Agents.-In county elections, the Election Agent may appoint one deputy Election Agent, who is usually termed a sub-agent, to act within each polling station and no more (ibid. s. 25 (1), and Sched. I. Part I. (2)). The Election Agent must, one clear day before the polling, declare in writing the name and address of every sub-agent to the returning officer, who must forthwith give public notice of the same (ibid. s. 25 (3)). The Election Agent may, as regards matters in a polling district, act by the sub-agent for that district, and anything done for the purposes of the Act by or to the sub-agent in his district is to be deemed to be done by or to the Election Agent; and any act or default of a sub-agent which, if he were the Election Agent, would be an illegal practice or offence against the Act is to be an illegal practice or offence against the Act committed by the sub-agent, rendering him liable to punishment accordingly, and the candidate will suffer the like incapacity as if it were the act or default of the Election Agent (ibid. s. 25 (2)).

It will be observed that the authority of a sub-agent is limited to his particular district, but within that district he is practically in the position of Election Agent.

Election Agent's Office.-The Election Agent must have within the county or borough, or within any county of a city or town adjoining thereto, and each sub-agent must have within his district, or within any county of a city or town adjoining thereto, an office or place to which all claims, notices, writs, summonses, and documents may be sent, and the address of such office is to be declared to the returning officer at the same time as the appointment of the agent (ibid. s. 26 (1)). Any document delivered at such office and addressed to the Election Agent, or sub-agent, as the case may be, is to be deemed to have been served on him (ibid. s. 26 (2)).

Declaration of Secrecy.-The Election Agent and every sub-agent must, before the opening of the poll, make a statutory declaration of secrecy in the presence of a justice of the peace or of the returning officer (Ballot Act, 1872, 35 & 36 Vict. c. 33, Sched. I. Part I. r 54). For form of statutory declaration of secrecy, see the article BALLOT, ante, Vol. I. p. 701.

Duties of Election Agent.-It is the duty of the Election Agent in the general management and conduct of the election to comply with the provisions of the Corrupt and Illegal Practices Prevention Acts, and to take all reasonable means for preventing the commission of corrupt and illegal practices (see the Corrupt and Illegal Practices Prevention Act, 1883, s. 22 (b)). He must superintend the canvassing, and keep a record of every canvass-book issued by him (see CANVASSING). As to a paid polling agent acting as a sub-agent by urging voters to vote, see Elgin and Nairn, 1895, 5 O'M. & H. 13; and as to persons paid as clerks acting as canvassers, see Lichfield, 1895, 5 O'M. & H. 28, in which case the absence of any regulation or management of the canvassing by the Election Agent and the inability to produce books showing who the canvassers were was adversely commented on by the judges (see ibid. 29).

Every polling agent, clerk, and messenger employed for payment on behalf of the candidate at an election must be appointed by the Election Agent either acting by himself or by his sub-agent (ibid. s. 27 (1)). The number of persons who may be legally employed for payment in such capacities is regulated by Sched. I. Part I. of the same Act, and care must be taken not to exceed this number. The Election Agent should exercise extreme care in the selection of such persons, he should expressly instruct them as to their duties, and caution them against the commission of election offences. All appointments made by the Election Agent should be in writing, and the amount of the remuneration should be specified. The Election Agent should enter in a book who are the responsible people, who are the agents, who are the clerks, who are the canvassers, and so on, and if that is done, at any rate he cannot be complained of for not having done his duty (per Cave, J., Pontefract, 1893).

All persons employed by the Election Agent for payment should be expressly warned that they must not vote (see Stepney, 1892, Day's El. Cas. 117). In Lichfield, 1895, 5 O'M. & H. 29, it was proved that a person engaged as a paid sub-agent having voted at the election, the Election Agent declined to pay him his fee as sub-agent, and it was contended that the man having been engaged and having acted as subagent, a promise to pay his fee must be inferred, but it was held by Pollock, B., that the word "promise" of payment as used in sec. 17 of the Act of 1883 means an actual express promise, and not that the promise may be inferred by the conduct of the parties, which would entitle a man to recover in a civil action.

Every committee room hired on behalf of a candidate must be hired by the Election Agent either acting by himself or by his sub-agent. The number of committee rooms is regulated by the Corrupt and Illegal Practices Prevention Act, 1883, Sched. I. Part II. (6) and (7), and must not be exceeded. The expression "committee room," as defined by sec. 64, does not include any house or room occupied by a candidate at an election as a dwelling, by reason only of the candidate there transacting business with his agents in relation to such election; nor is any room or building to be deemed a committee room for the purposes of the Act by reason only of the candidate, or any agent of the candidate, addressing therein electors, committee-men, or others.

All contracts relating to the election must be made through the Election Agent. A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election is not enforceable against a candidate at such election, unless made by the candidate himself, or by his Election Agent either by himself or by his sub-agent; this inability to enforce such contract against the candidate does not, however, relieve the candidate from the consequences of any corrupt or illegal practice having been committed by his agent (ibid. s. 27 (2)).

All payments in respect of any expenses incurred on account of or in respect of the conduct or management of an election must, with some few exceptions, be made through the Election Agent (ibid. s. 28; see also s. 31), who after the election has to transmit a return and declaration respecting the election expenses to the returning officer (ibid. s. 33). The principle, as it was said in a recent case in which the earlier decisions were reviewed, is that upon the date on which the Election Agent is appointed if any debts which are properly election

debts have been contracted, they must be paid through the agent, or at any rate debited to him, so that he may include them in his return of election expenses (Maidstone, 1906, 5 O'M. & H. 209). In that case Lawrance, J., in his judgment stated that he did not agree with his learned brother (Grantham, J.) that the day when the election begins is necessarily the day when the agent is appointed, nor could he agree that one cannot have election expenses until one has got an Election Agent, otherwise all that a candidate would have to do would be to defer the appointment of his Election Agent, and to say that the debts previously contracted are not election debts. The true principle appears to be that if expenses are primarily or principally expenses incurred for the promotion of the interests of the candidate they are election expenses (d. 210; see also the article ELECTION EXPENSES).

An election may be held to be void upon the ground that the return of election expenses by the Election Agent is not a proper or sufficient return (see Bodmin, 1906, 5 O'M. & H. 229, per Lawrance, J.).

The duties of the Election Agent in connection with the payment and return of the election expenses are undoubtedly the most important of his functions, and have given rise to much discussion and some difference of opinion among the judges at the trial of recent election petitions; for further information as to which, see ELECTION EXPENSES.

The Election Agent should also be very careful to keep books showing particulars of every item of his expenditure in connection with the election. The loss or destruction of accounts by an Election Agent is always severely commented on by judges at the trial of election petitions (see, for example, per Cave, J., Stepney, 1892, Day's El. Cas. 37; and per Lawrance, J., Bodmin, 1906, 5 O'M. & H. 229).

Liability of Candidate for Acts of Election Agent.-The nature of the liability of a candidate for the acts and neglects of his Election Agent is treated of in the articles on AGENCY, ELECTION; CANDIDATE; CORRUPT PRACTICES; ILLEGAL PRACTICES; RELIEF. In a recent parliamentary election petition the election was avoided by reason of corrupt practices (treating) by a person who had acted as Election Agent, though not formally appointed (see Bodmin, 1906, 5, O'M. & H. 228, 231).

Municipal and other Elections.-The office of Election Agent, in its statutory sense, exists only with regard to parliamentary elections. It may, however, here be mentioned that an agent for the general management of the election may be appointed at a municipal election, but in such case he must not be paid any remuneration for his services, as the employment of any paid agent, except certain clerks and messengers and one polling agent in each polling station, would be an illegal employment within the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, 47 & 48 Vict. c. 70, s. 13. So, also, in the case of other elections, agents may be legally employed, but, with the exception of a polling agent, may not be paid (see further, Municipal Elections (Corrupt and Illegal Practices) Act, 1884, s. 37; Local Government Act, 1894, s. 48 (5)(6); London Government Act, 1899, s. 2 (5), and the article ELECTION EXPENSES).

Election Commission.-See ELECTION COMMISSIONERS.

When Appointed.-Election Commissioners are persons appointed by the Crown on a joint address of both Houses of Parliament for the purpose of making inquiry into the existence of corrupt practices at parliamentary elections.

Having regard to the successful operation of the Corrupt and Illegal Practices Prevention Acts, and, in particular, the provisions respecting the attendance of the public prosecutor at the trial of election petitions, and the prosecution by him of offenders (see the Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict. c. 51, s. 43), the necessity for the appointment of Election Commissioners is very considerably reduced, and of recent years Election Commissions have been of extremely rare occurrence. Nevertheless, the means for the appointment of an election commission are still in existence, and may at any time be put into execution. Election Commissioners were indeed appointed so recently as 1906, in consequence of the report by the election judges, who tried the Parliamentary Election Petition for the City of Worcester in that year, that there was reason to believe that extensive corrupt practices took place at the preceding parliamentary election for the City of Worcester.

How Appointed.-Election Commissioners may be appointed under the powers conferred by the Election Commissioners Act, 1852, 15 & 16 Vict. c. 57, which was passed to provide for more effectual inquiry into the existence of corrupt practices at elections. Sec. 1 enacts that where by a joint address of both Houses of Parliament it shall be represented to the Crown that a committee of the House of Commons appointed to try an election petition, or a committee of that House appointed to inquire into the existence of corrupt practices at any parliamentary election, have reported to the House that corrupt practices have, or that there is reason to believe that corrupt practices have, extensively prevailed in any county, division of a county, city, borough, university, or place in the United Kingdom electing or sharing in the election of a member or members to serve in Parliament, at any election or elections of such member or members, and the said Houses shall thereupon pray the Crown to cause inquiry to be made under the Act by persons named in the address, it shall be lawful for the Crown, by warrant under the Royal Sign Manual, to appoint the said persons to be Commissioners for the purpose of making inquiry into the existence of such corrupt. practices. The trial of election petitions is now delegated to the judges of the King's Bench Division for the time being upon the rota of election judges (see ELECTION PETITION), and the report of the judges on the trial of an election petition as to the prevalence of corrupt practices in any county or borough at the election to which the petition relates, has, for