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EXTRACT FROM THE CHARTER

OF THK

CITY OFilONTREAL

conCehn*imi

MUNICIPAL ELECTIONS.

MONTREAL

1874.

luiliaaiilrliliHiMiSlllitMtaMrf

•

> • •
• •• •

♦ •.

• • •

UH^76

From the Act to revise and consolidate the Charter
of the City of Montreal and the several Acts
amending the same. (37th Vic, cap. 51, passed
on the 28th January 1874).

MUNICIPAL ELECTIONS.

Jli5. (This section provides the time and manner in NominaUun
which the nomination of 9^*(didates shall take place, ot ..anJiiaiesi
the day fixed for such nemiaation being the fifteenth
Fb nary. In all cases whcvi:*?, but ofie candidate is pro-
posed, the party is at once prcclaimed by the alderman
presiding to bo duly elected. If there be more than
one candidate proposed, an election is held as herein

after provided).

'■ . ' .

.* *
550. The board of revisors hereinbefore established, Board of ro-

shall make the necessary arrangements for the election j^'*°'''* ^° '"||j
of mayor and aldermen ; and for that purpose they shall ments for "
meet betw^een the fifteenth «jid twentieth days of Fe- ''leciion.
bruary, to fix and determirie the number of polls, and
the places where the same are to be held in the several
wards wherein the elet^ion is to take place; and in
doing so the said board shall be regulated by the num-
ber of qualified voters in each electoral district, the
number of voters at each poll -to be as near three hun-
dred as possible ; the said boara* shall select and, by a
commission under the hand of its chairman, and coun-
tersigned by the city clerk, appoint a returning officer
and a poll clerk for each polling place to be held for
the said election ; the said board shal also cause books
to be prepared for each polling place |n which shall be
taken and recorded the votes of the electors.

37. 1. When a poll is granted for the election of the EiecUon-how
mayor, the Voting shall take place in all the wards of^^ei^l •

Mnijr (if !•'••
voles.

As 10 '^
>woi-ii.

hi'Uirniiifr
<illit'er9 lo
.:,"'.'rlifv each

the city, and when a poll is granted for the election oi
an alderman, the voting shall take place in <he ward
ior which the poll has been granted ; the voting for the
election of mayor and aldermen, as aforesaid, shall take
place on one and the same day, that is to say : on the
first day of March, in each year, at the places, and before
the returnmg officers to be appointed as hereinafter
provided ; the polls shall be opened at nine o'clock in
the morning, and shall be closed at five o'clock in the
afternoon ; and six days at least prior to the voting, the
city clerk shall give notice of the time and place where,
and the names of the returning officers before whom
the said voting shall b^ held, specifying at the same
time the boundaries of :^.&<jh electoral district, as pre-
viously fixed and deterrijiJUid by the assessors as afore-
said, the said notice to be»*|Hiblished in at least two En-
glish and two Frerich n(iw6papers in the city, and to be
I)Osted, by means of prjftVe'd placards, in the ward or
wards wherein the electioM.*is to take place : on the day
fixed for holding such palJ^, each elector shall present
himself at the polling P'lace at which he is entitled to
vote, and as each electoV.-votes, his vote shall be re-
corded in the poll book by* Wiaking the figure 1 opposite
the voter's name in the* pqlumn at the head of which
appears the name of the**t'ahdidate for whom the elec-
tor shall have voted ; '.•♦.

2. Each returning offiisar shall, at the polling place
kept by him in conformity to this Act, record or cause
to be recorded in such poll book as aforesaid, and in the
order in which they shall be given, the votes of the elec-
tors voting at such polling place, by entering therein
the name , surname, legal addition of each elector so
voting, and by showing by the insertion of the word
" owner," or " tenant," in the said poll book, whether it
is as a proprietor or as a tenant, that such elector claims
• <^'"'''' the right of voting at such poll ; and when any elector
has taken the oath required of him by this Act, the re-
turning officer shall stale in the poll book that such oath
w^as taken by the elector, by entering after the name of
such elector, a mark to that effect in the proper column
in the said poll book ;

8. Each returning officer shall w^ite in full at the
head of each j?age of the poll book used by him, the

number of such page, and certify the same by his sig-puK*^ offK^M
nature as follows : " page number one, {or two, or as the ^*'"''-
vaie may be,) A. 6., returning officer,*' and he shall cer-
tifjr in full words at the foot thereof, (before entering
any name or vote in the next succeeding page) the first
and last name and total number of names entered there-
in, and shall then sign the same, which certificate shall
be to the effect following : " I certify that the total num-
ber of names er^tered on this page as voters, is

, whereof the first name is C. D., and the
last name is E. F. — Signed A. B., returning officer ; "

4. In every case where the vote of any person is ob- Voi.fs objeot-
Jected to bv any candidate or his agent, the returning J^g^'JjI^JI^jJI; '"
officer shall enter the objection in his poll book by wri- guish-**! in
ting after the name of the voter, in the column for ob- poU »>»'jk
jections, the words •' ol^cted to " only mentioning at
the same time by which candidate, or on behalf of what
candidate the objection has been made, by adding after
the words " objected to " the name only of such can-
didate.

^H, Upon the demand of any candidate, or his duly ouih inay bn
authorized agent, or any duly qualified elector in the demand. d
said city, the returning officer shall administer to any ^^ ^*^^'*' "
voter the oath (in the form hereunto annexed) : if the
voter refuse to take the said oath, the word " refused "
shall be written opposite his name, and he shall not be
allowed to vote ; if the voter take the oath, the word
" sworn " shall be written opposite his name, and his
vote shall be received and reafistered.

99. In the event of the decease, or absence from what
illness or otherwise, of any returning officer or poll '-a^^e of af»-
clerk appointed as aforesaid, or his refusal to act, power Jurn[„^"* ofj-l
is given to the city clerk to appoint a substitute to per-cer or poll
form the duties of the returning officer or poll clerk so''''^^-
absent.

the
the

40, As soon as a poll shall have been granted for any city i i-^rk lo
ward in the said city, the city clerk shall prepare or P!«pa"; co-
cause to be prepared copies of the voters' list last made fi'^is'^for' tip.
and revised for each electoral district of such ward, leiurning oC-
sub-dividing the same alphabetically according- to the ""'

'r.->.

numbor ol' polling; places, fixed and determined, and
the number of voters assigned to each polling place, as
aforesaid ; the city clerk shall certify each of the said
copies as being a correct extract from the voters' list
for such electoral district, and shall transmit the said
copies to the respective returning officers appointed to
preside at the election in such ward.

Hi'liirniiig ul-

lircii" Mill
jlOll Cl'Tks

Hriltcry a I

OlcliOMfe.

Wliiil cori(«li-
uf brib»'rv.

Idem.

Id Pin.

Idorn.

11. The returning ollicers and poll clerks appointed
^as aforesaid shall take and subscribe, before the mayor
or any alderman of the said city, the oath according to
schedule annexed to tiie said Act; and of their having
taken such oath there shall be delivered to them respec-
tively by the city clerk a certificate in the form i>res-
cribed in the said Act.

•42. 1, The following persons shall be held to be
guilty of bribery, and liable to the penalty hereinafter
imposed for such offence :

2. Any elector who will at any time before, during,
or after any municipal election in the said city, ask or
take any money or reward, by way of gift, loan or other
device, or agree or contract lor any money, gift or ofl&ce,
employment or other reward whatsoever, to give or
forbear to give his vote at any such election ; or any
candidate at such election, or any other person who, by
himself or by any one employed by him, shall, by any
gift, reward, promise, agreement or security, corrupt or
offer to corrupt any elector to give or forbear to give
his vote at any such election ;

3. Any elector who, by way of gift, loan, reward, pro-
mise or other device, shall procure or undertake or en-
deavour to procure the return of any candidate at any
municipal election in the 3aid city ;

4. Any person who shall receive any money, gift,
reward or promise, by way of carriage hire or for loss
of time, in giving his vote, or who shall accept an exor-
bitant price for any merchantable article as considera-
tion for his vote or for abstaining to vote at any muni-
cipal election in the said city ;

5. Any candidate or other person who shall engage
or hire any licensed carter lor the purpose of carrying
voters to the polls ; or any licensed carter who, for

money, or for any gift, reward, promise or other device,
shall let his carriage, sleigh, or other vehicle, to any
candidate or other person, for the purpose of carrying
voters to the polls at any such election.

48. Any jiorson offending against f.:yof the provi- I'.'iiniiy.
sions of the next preceding section, shall, for every such
offence incur a fine of fifty dollars to be recovered, with
full costs of suit, by any one who shall sue for the same
in the recorder's court ; and any parson offending in
any of the cases aforesaid, being lawfully con^ncted
thereof, shall forever forfeit his rig'ht to vote at any
municipal election in the said city, or to i>o elected
mayor or alderman of the said city for a term of three
years.

44. \V votes given in violation of any of '^he fore-Vot.s imiii-
going provisions shall be null and void. "'''•

45. On Oi before the last day of December, every ci.rk ot Ueij.
year, the clerk of the recorder's court shall transmit lo ' *'"'''^ '" '*;■
the city clerk a list of the names of all parties who may Jt^pui-n.'^con-
have been convicted before the said court during the viot.'d.
year, under the foregoing provisions ; and it shall be

the duty of the city clerk to submit the said list to the
board of revisers when they meet to revise the voters'
list as herein before provided.

40. Every inn oi tavern licensed for the sale of spi-Ta veins i )
rituous or fermented liquors, in the ward or wards of '"^";'"j^'''|.^""
the said city, in which an election is held as aforesaid, ' '"" ' '
shall be closed during the time the polls are kept open-
ed, under a penalty of one hundred dollars against the
keeper of such tavern if he neglects to close it, and un-
der a like penalty if he sells or gives any spirituous or
fermented liquors or drinks as aforesaid, pending such
election. /

47. The said returning officers shall, during the elec- Heiuining of-
tion at which they are appointed to preside, be conser- "of^sprvatora
vators of the peace, and invested for the maintenance of iii<' p'aco.
of the peace, for the arrest, detention or admission to
bail, trial and conviction of any person who breaks the

mF^msi^

At llio closo
of tho poll,

VOtPS to 1)0

couiilod.

6ucce^s^LIl
candidates
declnred.

law or troubles tiae peace, with the same powers with
which justices of the peace are invested in this pro-
vince ; and for the maintenance of the peace aud of
good order at such election, each such rei.irning officer
may require the assistance of any justice of the peace,
constable and other persons present at the election, to
aid him in so doing ; and each such returning officer,
may arrest or cause to be arrested by verbal order, and
may place in the custody of one or more constables, or
other persons, for such time as in his discretion he
deems expedient, any person disturbing the peace and
good order, or may cause such person to be imprisoned
for any such offence, under an order signed by him,
until the close of the poll ; which order, whether given
verbally or in writing, all persons shall obey without
delay, under a penalty, for any refusal or neglect so to
do, of twenty dollars ; no such arrest, detention or im-
prisonment shall in any manner exempt the person so
arrested, detained, confined or imprisoned, from any
pains or penalty to which he has become liable by reason
of anything by him done contrary to the true intent
and meaning of this Act.

48. Immediately after the close of the polls in each
ward, as aforesaid, the returning officers shall respec-
tively count and add up in the poll books the number
of votes taken and recorded in favor of each candidate
voted for at such polls, and shall make and subscribe
before the mayor or any alderman of the said city, the
oath in the form prescribed in the said Act ; which oath
shall be annexed to the said poll books respectively ;
and immediately thereafter the said returning officers
shall return the said poll books to the city clerk.

40. After the closing of the polls, on the first day of
March, as aforesaid, the board of revisors shall meet in
the City Hall, at the hour appointed by the notice for
its assembling, to be previously given by the city clerk,
and shall have all the said poll books brought before
them ; the said board shall then and there ascertain the
total number of votes given to, and recorded in the
whole of the said books, for each»candidate for the office
of mayor or alderman (as the case may be, (and shall

report the same to the said council at its next monthly-
meeting ; and the said council shall, at such meeting
declare the person having the greatest number of votes
for the ofELce of mayor, to be elected mayor of the city
of Montreal, and the person having the greatest number
of votes for the office of alderman in each ward, to be
elected alderman of the said city ; and in case of equa-
lity of votes in respect of either of the said offices of
mayor or alderman, the said council shall determine
and decide which of the said persons having the said
eqnahty shall be elected ; the said poll books shall re- di^ioiv of
main in the office and custody of the city clerk, where P^" ^'^"''**
they shall be open to inspection by any elector upon
the payment of twenty-five cents.

50. The fees hereinafter mentioned, and no other, f,.,.?,.
shall be allowed to each returning officer and poll clerk,

for his services at any election as aforesaid, that is to -
say : to the returning officer, four dollars ; to the poll
clerk, two dollars.

51. If any person, after having received a commis- 1' Miaiiy.
sion as returning officer or poll clerk as aforesaid, shall
neglect or refuse to perform any official act or duty
required of him, for carrying out ihe foregoing provi- ?
sions, or if any person appointed returning officer or

poll clerk as aforesaid, shall fail in the performance of
any of the iu+ies hereinbefore assigned to him, or shall
not fulfil the said duties in a faithful and impartial man-
ner, such person shall be liable to a fine or penalty of
five hundred dollars to be recovered before the recor-
der's court. •■

52. Whensoever it may happen that from any cause
whatsoever an election for a member of the council of
the said city shall not take place for any ward of the
said city at the iime fixed therefor by law, or appointed
therefor by the mayor of the said city, it shall be lawful
for the said mayor, as soon thereafter as expedient, to
appoint a day for the nomination a.id another for hold-
ing such election, and the said election shall be held
in the manner hereinbefore prescribed.

Mayor \<
a day
♦'lection
certain r

I liic
'or
in ^

wise.*!.

SCHEDULE.

Giif/i of Voters. ,

You swear (or solemnly affirm) that you are {name,
residence and occupation of votcr^ as entered on the list)
whose name is entered on the list of voters now shown
to you {showing the list to the voter), that you are of the
full age of twenty-one years- -that you have not before
voted at this election, and that you have not received
anything, nor has anything been promised to you, either
directly or indirectly, in order to induce you to vote at
c^ this election. !So help you Gpd.

ou Gjpi

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