Testaments, 69). But as Hale points out, these criteria are merely valuable as "evidences" (1 P. C. 29), and the question of idiocy or nonidiocy is one of fact. It would probably be determined now by a standard similar to that which is adopted with reference to lunacy, namely, capacity or incapacity in regard to the particular matter or class of matters which brings the mental condition of the alleged idiot sub judice.

There is no direct authority for this proposition. But it is supported by what has taken place in regard to deaf, and blind and deaf, mutes, who are in law presumed to be idiots (Co. Litt. 42 (b)), but as to either of which classes the presumption may now be rebutted. See article DEAF AND DUMB PERSONS.

Most of the questions of civil and criminal law which arise in connection with idiocy cannot properly be separated in treatment from those which arise in connection with LUNACY, and are accordingly dealt with under that head. There are, however, certain special statutory provisions with reference to idiots which must be noticed here.

Criminal Idiots.-The Criminal Lunatics Act, 1838, 1 & 2 Vict. c. 14, provides for the apprehension of dangerous idiots, likely to commit indictable offences. See as to these provisions, the article ASYLUMS, Vol. I., at p. 610.

Hospitals, etc., for Idiots.-The Idiots Act, 1886, 49 & 50 Vict. c. 25, a statute whose provisions were originally included in the Lunacy Act, 1885, but were afterwards embodied in a separate measure in accordance with a generally-expressed desire, provides for the admission into hospitals, institutions, and licensed houses of idiots and imbeciles, and for their care, education, and training therein. For the purposes of the Act "idiots" or "imbeciles" do not include lunatics (s. 17). The Act does not extend to Scotland or Ireland (s. 2). An idiot or imbecile from birth, or from an early age, may, if under age, be placed by his parents or guardians, or by any person undertaking and performing towards him the duty of a parent or guardian, and, until of full age, detained in any hospital, institution, or licensed house registered under the Act for the care of idiots or imbeciles, upon the certificate (see Sched. Form 1) of a medical practitioner (for definition of, see sec. 341 of the Lunacy Act, 1890) that the person to whom the certificate relates is capable of receiving benefit from such hospital, etc., accompanied by a statement of particulars by the guardian, etc. (s. 4).

Provision is also made for the retention and admission of idiots and imbeciles after full age with the consent in writing of the Commissioners in Lunacy (s. 5), as to whom, see article ASYLUMS, Vol. I., at p. 598. The Commissioners may at any time make an order for the discharge of any inmate of these institutions (s. 6). Notices of reception are to be sent to the Commissioners in Lunacy within fourteen days. Semble, the time would be reckoned exclusively of the day of reception and inclusively of the last day. See Rules in Lunacy, 1892, r. 7. Notices of death or discharge are to be sent to the Commissioners forthwith (s. 10). There are also provisions for inspection by the Commissioners once at least in every twelve months (s. 12), for the keeping of a medical journal (as to which, see the Commissioners Rules, 1895, r. 1 (1) (d)) in every hospital (s. 13), for the residence of a medical practitioner in such hospitals, etc. (s. 14), saving the rights of guardians to send pauper idiots or imbeciles to such hospitals and receive parliamentary grants in respect of such patients (s. 16), and enabling the committee of

management to grant superannuation allowances (s. 11). Registration. may be obtained on application by the managing committee or principal officer of the hospital, etc., to the Commissioners in Lunacy, and no idiot or imbecile can be received till after a certificate of registration has been granted (s. 7). Applications should be addressed to the Secretary, Commissioners in Lunacy, 19 Whitehall Place, London, S.W., and should be marked on the left hand upper corner "Idiots Act, 1886" (41st Report, Commissioners in Lunacy, Appx. P., p. 371). Certain provisions of the Lunacy Acts, 1890-91, do not apply to this Act, namely, those relating to (a) the registration and regulation of hospitals, asylums, and licensed houses; (b) the orders, certificates, or reports necessary for the reception, etc., of lunatics; (c) care, treatment, and visitation of lunatics; (d) the books to be kept and reports to be made concerning lunatics (s. 11).

The expression "lawfully detained as a lunatic though not so found by inquisition" as used in sec. 116 (1) (c) of the Lunacy Act, 1890, 53 & 54 Vict. c. 5, means "lawfully detained" under the provisions of the Acts of Parliament of this country, and consequently there is jurisdiction to make administrative orders in the case of a person of unsound mind not so found, who is detained in accordance with the provisions of the Idiots Act, 1886, 49 & 50 Vict. c. 25 (In re Whalley, [1906] 1 Ch. 565).

In their report for 1906 the Commissioners in Lunacy suggest the amendment of the provisions of the Idiots Act regulating the institutions for the care and training of idiots. They point out (Report, p. 63) that an idiot institution once registered may be so completely varied by alterations and additions as to have its whole character changed without reference to the Commissioners or any outside authority. See

article ASYLUMS.

[Authorities.-Archbold's Lunacy, 5th ed., 1894; Wood Renton on Lunacy, 1896; and as to criteria of idiocy, Pope on Lunacy, 2nd ed.]

Idle and Disorderly Person.-See VAGABOND.

If. The word "if" in a stipulation generally creates a condition precedent. See Bromfield v. Crowder, 1 Bos. & Pul. N. S. 313 and 926, and other cases cited in Stroud, Jud. Dict. The words "if they shall think fit" do not dispense with the necessity for the exercise of a judicial discretion. See R. v. Boteler, 1864, 33 L. J. M. C. 101. For other juxtapositions of "if," see such headings as NECESSARY, POSSIBLE, REQUIRED.

Ignoramus.-See INDICTMENT.

Ignorance of Fact and Law.-See MAXIMS, LEGAL (Ignorantia juris); MISTAKE.

Illegal Employment.-See ILLEGAL PRACTICES.

Illegal Hiring.-See ILLEGAL PRACTICES.

Illegality. As to effect of, on contract, see CONTRACT, Unlawful Agreements, Vol. III., p. 545. See CONDITIONS, Vol. III., pp. 418, 423.

Illegal Payments.-See ILLEGAL PRACTICES.

I. ILLEGAL PRACTICES AT PARLIAMENTARY ELECTIONS.

MEANING AND NATURE OF ILLEGAL PRACTICES.-Illegal practices are

certain offences in relation to elections which are forbidden by the
Corrupt and Illegal Practices Prevention Acts, 1883 and 1895 (46 & 47
Vict. c. 51 and 58 & 59 Vict. c. 40). In the case of an illegal practice
the offence consists in the doing of the prohibited act; the motive or
intention with which the act was done is immaterial. An illegal prac-
tice is thus distinguishable from a corrupt practice, to the commission
of which a corrupt intent is an essential (see CORRUPT PRACTICES). An
illegal practice is an act prohibited by the legislature, whether it be
done honestly or dishonestly, the question involved being not one of

intention, but whether, in point of fact, the enactments have been contravened (see Barrow-in-Furness, 1886, 4 O'M. & H. 77; Walsall, 1892, ibid. 129).

Certain acts and payments in relation to parliamentary elections were for the first time forbidden and made illegal practices by the Corrupt and Illegal Practices Prevention Act, 1883. The making or publishing of any false statement of fact as to the personal character or conduct of a candidate for the purpose of affecting the return was subsequently made an illegal practice by the Corrupt and Illegal Practices Prevention Act, 1895, entailing the same consequences as regards loss of seat, penalties, and incapacities as the illegal practices under the Act of 1883.

An illegal practice avoids an election, and involves certain penalties and incapacities, but where committed inadvertently or accidentally provision is made for obtaining relief (see post under the head RELIEF FROM THE CONSEQUENCES OF ILLEGAL PRACTICES, ETC.; see also the article RELIEF (ELECTORAL). It should, moreover, be observed that some illegal practices avoid an election when committed by the candidate or any of his agents (see AGENCY (ELECTION)), others avoid an election only when committed by the candidate or his Election Agent, including the subagent in each polling district (see ELECTION AGENT). In three recent cases (Cockermouth, 1901, 5 O'M. & H. 155; Monmouth, 1901, ibid. 166; and Attercliffe, 1906, ibid. 218) petitions were based solely upon charges of illegal practices, and in Monmouth, 1901, supra, the election was avoided upon those grounds.

In addition to illegal practices the Corrupt and Illegal Practices Prevention Act, 1883, created the offences of Illegal Payment, Illegal Employment, and Illegal Hiring, which do not avoid the election unless committed by the candidate himself, or by his Election Agent or subagents (see C. & I. P. P. Act, 1883, ss. 21 (2) and 25 (2)), but subject the offender to penalties.

The offences of Illegal Payment, Illegal Employment, and Illegal Hiring are not strictly illegal practices, but such offences become illegal practices and avoid the election when committed by the candidate himself or by his Election Agent, it being provided that a candidate or the Election Agent of a candidate who is personally guilty of an offence of illegal payment, employment, or hiring, is guilty of an illegal practice (see C. & I. P. P. Act, 1883, s. 21 (2)). It is, therefore, convenient to include an account of these offences in this article.

Liability for illegal acts commences as soon as a candidate has come before the constituency with a view to election at the ensuing election (see Allcott v. Emden, 1904, 68 J. P. 434; and see further, as to the commencement of a candidate's liability for illegal practices, the articles AGENCY (ELECTION); CANDIDATE; CORRUPT PRACTICES; ELECTION EXPENSES).

Illegal Practices, and Illegal Payment, Employment, and Hiring are offences punishable on summary conviction, and are not indictable offences.

The various acts and omissions constituting these offences will now be considered in detail.

Payments for Conveyance of Voters to Poll.—The making of any payment, or contract for payment, for the purpose of promoting or procuring the election of a candidate at an election, on account of the conveyance

of electors to or from the poll, whether for the hiring of horses or carriages or for railway fares or otherwise, is prohibited (C. & I. P. P. Act, 1883, s. 7(1)(a)); and, subject to such exception as may be allowed in pursuance of the Act, if any such payment or contract for payment is knowingly made in contravention of the section, either before, during, or after an election, the person making the same is guilty of an illegal practice, and any person receiving such payment or being party to such contract knowing the same to be in contravention of the Act, is also guilty of an illegal practice (ibid., s. 7 (2)).

As to the construction of the words "knowingly made in contravention of this section," see Pontefract, 1893, Day's El. Cas. 62.

In a recent case certain payments made on behalf of the respondent in respect of stabling and baiting horses sent from a distance, for the purpose of conveying voters to the poll, were held to be payments made on account of the conveyance of electors to or from the poll within the meaning of the section (Lichfield, 1895, 5 O'M. & H. 30).

The payment of any sum, however small, for the conveyance of a voter to the poll or from the poll will avoid an election, but the Court has power to grant relief when it comes to the conclusion that a particular offence was of a trivial, unimportant, and limited character (see Southampton, 1895, 5 O'M. & H. 20; see, however, Maidstone, 1906, 5 O'M. & H. 202; see also post under the head RELIEF FROM THE CONSEQUENCES OF ILLEGAL PRACTICES, ETC.; and the article RELIEF (ELECTORAL)).

But payment on account of the conveyance of voters by sea is lawful in certain cases, it being expressly provided that, where the nature of a country is such that any electors residing therein are unable at an election for the county to reach their polling place without crossing the sea or a branch or arm of the sea, the Act is not to prevent the provision of means for conveying such electors by sea to their polling places (C. & I. P. P. Act, 1883, s. 48). The amount of payment for such means of conveyance may be in addition to the maximum amount of expenses allowed by the Act (ibid.; see also ELECTION EXPENSES).

A charge in a petition of an illegal practice under sec. 7 of the Corrupt and Illegal Practices Prevention Act, 1883, must allege that the offence was committed by the candidate, or his Election Agent or subagent. Where an offence of illegal hiring under sec. 14 of the Act is charged in the petition the Court will not amend the petition at the trial so as to form a charge under sec. 7 (see Manchester, 1892, 4 O'M. & H. 121).

Any corrupt promise to pay, or payment of, the expenses of the conveyance of voters to the poll in consideration of their voting for a particular candidate would amount to bribery (see Cooper v. Slade, 1858, 6 H. L. C. 746; 10 E. R. 1480).

In Maidstone, 1906, 5 O'M. & H. 202, it was proved that late in the afternoon of the polling day an old man had been conveyed from some distance into the town by motor car on behalf of the respondent. Having voted he missed the motor car which was provided to take him home, and on applying at the central committee room he was given 1s. 6d. for his railway fare. On these facts bribery by payment of the voter's travelling expenses was charged in the petition, and also illegal payment; but Grantham, J., held that this did not amount to bribery, nor was it an illegal payment within the Act.