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EXTRACT FROM THE CHARTER 
 
 OF THK 
 
 CITY OFilONTREAL 
 
 conCehn*imi 
 
 MUNICIPAL ELECTIONS. 
 
 * 
 
 MONTREAL 
 
 1874. 
 
 luiliaaiilrliliHiMiSlllitMtaMrf 
 
• 
 
 
 
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 • •• • 
 
 ♦ •. 
 
 • • • 
 
 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. 
 
 in 
 
 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.->. 
 
H 
 
 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^ 
 
 8 
 
 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.*!. 
 
io 
 
 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. 
 
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