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W^ THE DOMINION ELECTIONS ACT, 37 VIC, GIIA.P». IX. 1874. AMENDED IN ACCORDANCE WITH THE ACT PASSED, AND ASSENTED TO 10th MAY, 1878. iPis^zoE, 25 OEnsra?s. TORONTO : HART & RAWLINSON, 5 KING STREET WEST. 1878. F^^=r\\ i o^ The EDITH and LORNE PIERCE COLLECTION of CANADI ANA Recti's (Jniversity at A ingston i a -4 - . A. ! V DOMINION ELECTIONS ACT. 37 VIC, CHAP. IX. AN ACT RESPECTING THE ELECTIONS OF MEMBERS OF THE HOUSE OF COMMONS. [AsHonted to 20th May, 18T4.1 [Amended in aecordanue with Act assented to 10th May, 1878.] HER MAJESTY, by and with the advice and consent of the Preamble Senate and House of Commons of Canada, enacts follows : — as 1. Every writ for the election of a member of the House of Writs of Commons of Canada shall be dated and be returnable on such days Election, ff the Governor-General shall determine, and shall be addressed to SomX"" the Sheriff or to the Registrar of Deeds, or to one of tlie Sheriffs or of the Registrars for the Electoral District or a pm-tion of the Electoral District for which the election is to take place, who shall be the Returning Officer at such election ; And in case there is no such Sheriff or Registrar, then to such other person as the Governor-General may appoint as such Return- ing Officer ; In case the Sheriff, the Registrar, or any other person to whom the writ for any Electoral District in the Province of Ontario, or m the Province of Quebec, may have been addressed, should refuse, be disqualified or be unable to act, then the Governor-General, and in the other Electoral Districts the Lieutenant-Governors in their respective Provinces, may appoint another person to act as such Returning Officer. 3. The Governor-General shall fix the day for the nomination of Day of candidates at the election, and shall at every general election, fix nomination one and the same day for the nomination of candidates in all the d^iu^him- Electoral Districts, except in the Electoral Districts in the Pro- ' ' vinces of Manitoba and of British Columbia, and in the Electoral Districts of Muskoka and Algouia, in the Province of Ontario, and of Gaspe and Chicoutim: and Saguenay, in the Province of Quebec. The Governor-General shall also fix one and the same day for the Manitoba nomination of candidates for the several elections in the Province of Manitoba. fixed. Exceptiong. r\ \i) \ DOMINION RLECTIONS ACT. Form o* Writ, &c. Wlio nlmll not aot iih Klci'ti'ii .."'h" wl'u' „ ^- '^l'"' '}''y «" fi^-«d V the Governor-Oenoral shall be named in tlio writs of oloction f(,r tlio several Electoral Districts respectively, to which such day shall apply. ^ ''' .h^u^^^^ '''"*^-!5 flf^ti^'" shall be in the form Schedule A, and shall be transmitted by mail to the respective Returning Officers, unless otherwise ordered by the Governor-General. 5. None of the persons hereinafter mentioned shall be appointed or Pnn rf ^Jftcers or Deputy Returning Officers, Election Clerks oi 1 oil Clerks, that is to say :— 2*'ir.s«,/; Members of the Queen's Privy Council for Canada or of the Executive Council of any of the Provinces of the Dominion ; Secondhj: Members of the Senate or Members of the Legislative Council of any of the Provinces of the Dominion ; Thirdly : Members of the House of Commons or Members of the l^egislative Assemblies of the several Provinces of the Dominion ; .-Pow^W;/.- Ministers, Priests, or Ecclesiastics of any religious laitn or worship ; '' ° , ^{fthlj!: Judges of the Courts of Superior, Civil and Criminal jurisdiction or Judges of any County or District Court, Insolvent Court or Vice-Admiralty Court ; Sixthly: Peraom who have served in the Parliament of the IJoininion m the session immediately preceding the election, or in the then present session of Parliament ; Seventhly: Sheriffs, Registrars, or other persons who shall have been found giiilty by the House of Commons, or by any Court for the trial of Ctmtroverted Elections, or other competent tribunal, ot any offence or dereliction of duty under this Act. n'!?tb.'bo!md ^v,^-/''"*'t5°^ ^^}^ P^^'^*^"^ hereinafter mentioned, unless they are to ,u;t as ^»helllts or Registrars or Town Clerks or Assessors, shall be obliged uu.u. to act as Returning Officers, Deputy Returning Officers, Election Clerks or Poll Clerks, that is to say :— > «- Acadern^"" -^^""^^^"^^^ '" *"y University, College, High School, or Secondly : Physicians or Surgeons ; Thirdly : Millers ; Fourthly : Postmasters, Customs Officers, or Clerks in Post Offices or Ci\stoms Offices ; Fifthly : Persons being sixty years of age or upwards ; Sixthly: Persons having previously served as Returning Officers at the election of a member for the House of Commons. Kndorsing (%• rk receipt and «. On receiving the writ of election, the Returning Officer shaU turning forthwith endorse thereon the date at which he shall have received OUieer. %ra • ^ or trr. Appoint- limit i>f' KIdOtiiin Clf.ik. Duty o( Eleotinri Clerk. Oath iif otii.r. Rituiriinfr Ottlcpr ti. ilHctTtilill persons •liwlilii'd t" vote, iiTid (ly what iiMMiis. DOMINION ELECTIONS ACT. the same, and, before taking any further action thereon, he shall take the oath of office in the form, Schedule B t(j this Act. 8. The Returning Officer, l)y a commission imder his hand, and m the foi-m, Schedule C (.f this Act, shull appoint an Election Clerk, and may, jit any time during the election, appoint, in the stimo manner, another Election Clerk, in case the one so appointed shall resign, refuse or be unable to perform his duties as such. 9. The duty of the Eloction Clerk shall be to assist the Return- ing Officer in the performance of his duties, and to act in his stead as Returnmg Officer, whenever the Returning Officer shall he dis- qualified, or unable, or shall refuse to perform his duties, and shall not have been replaced by another. 10. The Election Clerk shall, before ticting as such, take tho oath of office in the form. Schedule D to this Act. 11. The Returning Officer shall ascertain from the lists of voters, which, under the provisions of this Act, are to bo used at the elec- tion, and, in Electoral Districts where there are voters entitled to vote but there are no lists oi voters, from such other infcjrmation as may be within his reach— the number of, or probable number of, persons qualified to vote in each city, town, ward, parish, town- ship, local municipality or other locality, wliere voters are so entitled to vote ; and if such city, town, ward, [)aris]i, township, local muni- cipality or other locality has not been constituted or subdivided for electoral purposes into polling districts by the Legislature, or by the local authorities under the legislation of the Province wherein such Electoral District is situate, or wliere such siibdivisi(jn com- prises more than three hundred voters, he shall constitute or sub- divide the said city, town, ward, parish, township, local municipality or other locality or subdivision, into polling districts in a convenient manner, so that there shall be at least one polling district for eveiy two hundred voters; and he shall alscj fix a polling station in a central and convenient place In each polling district; and the Returning Officer may in his discretion grant such jidditional poll- ing places in such polling districts as the extent of the district aiid the remoteness of any body of its voters fn^m the polling place may render necessary, although the voters thereof may i)e less than the number above specified. 1". In the Electoral Districts in the Province of British Colum- Noi,iin;iiion bia, and in the Electoral Districts of Muskoka and Algoma, in the ""'' l'""i1^■ Province of Ontario, and of Gaspe, in the Province of Quebec, the '^^ Returning Officers shall fix the day f(n- the nomination of candidates, Eiec'torai and also the day and places for holding the polls. The nomination Distri.tH. in any of the said Electoral Districts "shall not take place less than fifteen days nor more than thirty days after the iiroclamation here- inafter required shall have been posted up, and the day for holding the polls shall not be less than fifteen days nor more than thirty days after the day on which the nomination is to take place- -neither the day of nomination nor the day of posting the proclamation being reckoned : To cori>^ti- tiite Pi'llin- districts in certain ( uses and ai>point IKlllill^' lI'S- triits. In Chicoij- tiiiii and Wni^iieii/iy. rolling (lay>t in othiT Jistricts. Ou.ies of tin- fori'Hceu 'Iflay.s |ir(i- viJeil (Vir. f.ioii liy Hc'tuminp: Form. DOMINION ELECTIONS ACT. days .iftor tlio prcclauuitK.n ; and tho day of lioldiiK' tlio noils shal on whi Hh''^" "•*'''V'"'^^"' "^'^ T'^ *^-" fift"'^" days IftS he day on which tho noimnatiou la to take place : ^ renuin!Ii*Hlln*l'''^^r*,"'^^ ^}f'''^' *'^« proclamation hereinafter reqnnud shall be posted up, at least eight days hefore the day fixed for he nonnnation of candidates ; and the day for holdinV he poHs shall be the seventh day next after the expiration of tl e^l y fi n[. laVoril?"*'"" ^^ candidates that is on the same or correVmd Ive takl nil'"'' /"''''V'^*"'' *^'f* '•" ^^"^^^ *'»« nomination shall oHd. V l^ n'/r '^ ""^^r^".*h ^% ^^ a «»nday or a statutory 1:5. In cases when, from unforeseen delays, accident or other- - wise, the proclamation hereinafter mentioned could not bJilted up so as to leave the required delay between tlie posting up o the Kid /I ''f the "omination day appointed by tht G>vernoi! General or by the Returning Officer, as the case mav be, or in case any candidate sliould die after being nominated and before [h"clo e of the polls, tlie Returning Officer may fix another day for the nonnnation of candidates-whicli day shall be the nearest^dai pos- sible after allowing the number of days required by the „reiedin./ section between the posting up of the proclamation and Si umil S tion day ; and m every such case the ReturniiKr Officer shill wif . his return make to the Clerk of the Crown in'Chanc'ry a pecS r^Ie etctlV"' ^''"^' '"'^ ^""^ "'^'^"^'"'-'^^ *''^ iniponilS 171 ^i' yi5?'i". *7^f y '^T ''^^'^^ *'^^ reception of the ^vrit in the F L^ r!; T?1'"^f ''^ }^'^,P'rr^ »f British Columbia, and in he Electc.ral Districts of Mnskoka and Algoma, in the Province of Ontario, and in those of Gaspe and ChiSoutii'ui and Saguenay, in he Province of Quebec, and within eight days after such reception n the other Electoral Districts of the Dominion, the Returning Officer shall, by a proclamation under his hand, issued in the En'fi^"' «l'iill accompany his return to the Clerk ot the Cnm-n in Chanceiy with a report of his proceeilings, and of any nomination proposed and rejected for nou-compliance with tlie requirements of this Act. Ktturn when III) more cnndi- dlltcH (iMtl IIIWtllHirH to b« elvotud. Poll, and uotics thereof. Form. ^4, If more candidates than the number required to be elected for the Electoral District are nominated in the manner required bv this Act, it shall be the duty of the Returning Officer to grant a poll for taking the votes of the electors ; and to cause to be posted up notices of his having granted such poll, indicating the names, residences and occupations of the candidates so nominated, in the order in which they shall be printed on the ballot papers lierein- after mentioned ; which notices shall, as soon as possible after the nomination, be placarded at all the places where the proclamation f<.r the election was posted up. Sucli notices shaU be in the form of Schedule H H to this Act. ^<*"^iBN>^ .^'"'mir"' 1 • ^^' ^"^ candidate nominated may withdraw at any time after dates. '"3 nomination and before the closing of the poll, by tiUng witli the DOMrNlON ELECTIONS ACTT, f^t! ■ 4 0f"'^9"'^^ Ilcturnin« Offioor a duclamtion in writing to that offoct, Hiffnod by hiinHolf ; and any vottm oast f..r tlio candidate whr. Hhall liavo bo withdrawn Hhall I.e nidi and void : and in cuho, aftur tho witlnh-awal, Ifnomor,. tliuro Hli()ii|<| loniiun hut omi candidatu, or no rn<.ro than thu nuni- ''"'"''>'" '»>'»" her to he oluctod, then it Hhall he the duty ..f the KeturninK Officer [m'mV.'Ji' t., t<» return a« (hdy electetl the eaiidichito or candidateH ho reiiiaini \w bo einted. without vvaitinjr fur tiie day (ixed for lioldin^' the noil, or for the cloaiiig of the poll if such withdrawal bo filed on the polling day. * Sl^'i ^^''i^'"'-'^^''' " l"'ll '»'w been granted, the Haine shall be t.pened Hour, for at the hoiir of nine ot the clock in the forenoon, and kept open until >'""'"«• hvo o'ch)ck in the afternoon of the day fixed for holding it ; and the votes at the Beveral polling stations Hhall be given on that day and by ballot. ■" A ?'^*„''''^" ^'?"?.* "^ ^^^^^ ^'**^''' '*'"^'' ^"^ ^ [trinted paper, in tluH nailot paper Act called a l»;iJiot [)aper (with a counterfoil) Hhewing the naniea 'i'"! <'<""'<'' and descrijition of each candidate alphabetically arranged in the order of their hunianius, or if there be two or more candTdates with the same Hurnanie, in the order of their other naineH ; the names and description of each candidate shall be set forth in the ballot paper as they have been set forth in the nomination paj.i and the hallot i)aper and counterfoil shall be in the form Schedule I to this Act. DlltirN (if Ki'tiirnin^ Olllfcr when a piill IN required. List of voters. 28. On a poll being granted, it shall be the duty of the Return- ing Officer— FirMij: To ai)point, by a commission under his hand, in the form, Schedule J to this Act, one Deputy Returning Officer for each polling district comprised in the Electoral District, who shall •'•^rutie* before acting as such, take the oath of office in the form, Schedule K to this Act ; SeMwUy: To furnish each Deputy Returning Officer with a copy of the list or of such portion of the list of voters as contains the names, arranged alphabetically, of the electors qualified to vote at the polling station for which he is appointed— such copy bein<' first certified by himself or by the proper custodian of the lists" from which such copies are taken ; Thirdly : To deliver to each Deputy Returning Officer, two days at least before the poUhig day, a balk)t box to receive the ballot papers of the voters— which ballot box shall be made of some dur- able material, with one lock and key, and a slit or narrow opening m the top, and so constructed that the ballot papers may be intro- duced therein, but cannot be withdrawn therefrom without the box being unlocked ; FourtMij: To furnish each Deputy Returning Officer with a suffi- cient number of ballot papers (all being of the same description, and as nearly as possible alike) to supply the number of voters on the list of such pollmg district, and with the necessary materials for voters to iiuwrk their ballot papers ; Ballot Box. linllot pajierK, 10 DOMINION ELECTIONS ACT. Obtaining li-stN of voters. L lotT ■^^^'1 '• ^""^Tf^ *? ^^^ ^^V'-'^y Returning Officer at least ten ^'>tu3. copieg of printed directions for the guidance of voters in votin./- which printed directions the Deputy Returning Officer shall, bsftre or at the opening of the p.. 11, on the day of polling, cause to be posted up in gome conspicuous places outside of the iiolling station and also in each compartment of the polling station. %9. The Returning Officer shall obtain the different lists of voters, or copies or extracts thereof, from the Registrars, Town Uerks, Clerks of the Peace or such other officers as may l)y law be the proper custodians of such lists, or of duly certified duplicates or copies thereof ; and every such officer who shall omit or refuse to turnish such hdts, copies or extracts of the voters' lists within a reasonable time tc the Returning Officer requiring the .^me, shall incur a penalty of not less than two hundred and not exceeding two tJiousand dollars. * "nfttr°' ..^^' Wlie^eyer the Returning Officer fails to ftimish to the ni'slica. I>eputy Returning Officer m any polling district the ballot box withm the time prescribed by this Act, it shall be the duty of such Deputy Returning Officer in such polling district to cause one to be made. y»£E2s- v- * Poll Clerk. 3fl, Each Deputy Returning Officer shaU forthwith appoint by commission under his hand in the form. Schedule L to this Act a Poll Clerk, who before acting as such shall take the oath in the form, Schedule M to this Act. acf ai'D^^R ^x,?* /" case any Deputy Returning Officer should refuse or be o. iu certain Unable to act, the Returning Officer may appoint another person to oases. act m his place as Deputy Returning Officer ; and in case no such aipOTntment be made, the Poll Clerk without taking another oath of otface, shall act as Deputy Returning Officer. And appoint ^ Whenever the Poll Clerk acts as Deputy Returning Officer, he under Lim ^"=*"'„^'^f commission in the form. Schedule N to this Act, appoint a Poll Clerk to act in his stead, who shall take the oath required by the next preceding section of this Act. Suullfbe . ^^' ^^^ P°"' '^V*"" granted, shall be held in each poUing dis- h«ld. *J'ct m a room or building of convenient access, with an outside aoor for the admittance of the voters, and having, if possible another door through which they may leave after having voted' One or two compartments shall be made within the room, so ai-anged that each vot.^v may be screened from observation, and mry, without interference or interruption, mark his ballot paper. 34. Each Deputy Returning Officer shall open the poll assigned to him at the hour of nine of the clock iu the morning and keep the same open until five of the clock in the afternoon ; and shall, during that time, receive, in the manner hereinafter pres^^ribed. >,he votes of the electors duly qualified to vote at such polling place. >.,h Hov'.s for polling. fejceayj' ■' * DOMINION ELECTIONS ACT. ji Cle?^th;^Sn?*''*wl^'P"*^^'J"™^"S Officer and the Poll Who may m f i ' 5. ^^'^.^.id/^tes and their agents (not exceeding two in number ^'''^^'^^ *'» agent's two "^^f" ? "'"'^ P""^"° «**'^*^^^")' ^»d' "° *h« '^^^^e «? ^[^trJ"'"^' agents two electors to represent each candidate, on the request of . suca electors and no others, shall be permitted to remain in the remlh^I^ope'n '' ^"^"" ""' ^'"''"' ^"'^"° '^' "^°^^ *""« *^^"l'^^ from'ftf in r7f' ^^^VF *^'".' '^'"'■"S '^ ^^'•'"«" authorization (i.date in preference to, p.nd to the exdusion of any two electors who 111 is aeS'""'''' '^' ''°''^ ''^ representing such candidate under 30. Any person produciiig to the Returning Officer or Deputy w, date to represent hnn at the election or at any proceeding of the ''Hn.ii.uto.. nSh^SILs Act"""' ^" '^°""* "^ ^"'^^ ^'^"^^^'^^^^ -^- '^^ One of the agents of eacli candidate, and, in the absence of such o.th of agent, one of the electors representing each candidate, if there be se'u4 such elector, on being admitted to the polling station shall take the oath to keep secret the names of the candidates for whom any of the voters may have marked his ballot paper in his presence, as iirT!? x^^^'^.'^x'''^'^' "^'^^^oath shall be in the form of Schedule IS JN to this Act. d for oi.ening the poll, the Deputy Return- Openiug ttm Clerk shall, m the prasence of the candi- l'"'* '■ ^^-iw [ such of fTio «lo/%+r^va <>c ,„„,. u„ ±. iiiL'ar^d 37. At the hour fixed ing Officer and the Poll C...^ ...„^, ^, ,,,^ presence o dates, their agents and such of tliQ electors as may be present }"'^i-- open the ballot box and ascertain that there are no ballots or other 'Mil^'ti-x papers in the same, after which the box shall be locked, and the Dei)uty Returning Officer shall kee]i the key thereof. 38. Immediately after the ballot box ^.iiall have been closed as oalin,. above provided, Lhe Deputy Returning Officer shall call upon the y^^"^ electors to vote. ^ 39. The Chancellor and Vice-Chanoellors of Ontario, and the certvn Judges ot any court now existing or to be hereafter created whose J'xl.it's may appointment shall rest with the Governor-General of the Dominion "^^' "'*'^ shall be disqualified and incompetent to vote at the election of a -rjiember of the House of Commons of Canadii. 40. Subject to the exceptions hereinabove contained, all persons w>,„ ^t. h qualified to vote at the election 'of representatives in the House of be JntK Assembly or Legislative Assembly of the several Provinces com- t" vote. posing the Dominion of Canada, and no others, shall be entitled to vote at the election of members of th^i House of Commons of Canada, for the aeverid Electond Districts comprised within such Provinces respectively; and all lists of voters made and prepared and which would, according to the laws in force in the said several 12 DOMINION ELECTIONS ACT. Where elec- tors shall vote. Piovisiniis us to elco tiun olliccrs cr agents I iititled t(.> vote. Proviso. Conditions of voting ; Jeclanitiou (jf voter. Oath of voter if lequirt'd. Provinces, be used if the election were that of a representative or representatives to the House of Assembly or Legislative Assembly of the Province in which the election is held (where such lists are recpiired to be made), shall be the list of voters which shall be used at the elections of members of the House of Commons to be held under the provisions of this Act. 41. Each elector shall vote at the polling station of the polling district in which he is qualified to vote and no other ; and it shall be the duty of the Retumhig Officer to secure the admittance of every elector into the polling station, and to see that he is not im- peded or molested at or about the poUing stati(.)n. 4.-5. Tlie Returning Ofiicer, on the request of any elector entitled to vote at r>ne of the polling stations, who shall be appointed Deputy Returning Officer or Poll Clerk, or who shall be named the agent of any of the candidates for a polling station other than tlie one where he is entitled to vote, shall give to such elector a certi- ficate that such Deputy Returning Officer, Poll Clerk or Agent is entitled to vcjte at such electic^n at the polling station where such elector shiill be stationed during the polling day, and on the pro- duction of such certificate such Deputy Returning Officer, Poll Clerk or Agent shall have the right to vote at the polling station where he shall be placed during tlie polling day, instead of at the polling station of the polling district where he would otherwise have been entitled to vote. But no such certificate shall entitle any such elector to vote at su(*h polling station unless he has been actually engaged as such Deputy Returning Officer, Poll Clerk or Agent during the day of polling. 4«>. Each elector, being introduced, one at a time for each com- partine'it, into the room Avhere the poll is held, shall declare his name, surname and additicm, which shall be entered or recorded in the votei-s' list to be kept for tliat puii)ose by the Poll Clerk, and, if the same be found on the list of electors for the polhng district of sucli polling station, he shall receive from the Deputy Returning Officer a ballot paper on the back of which such Deputy Returning Officer shall have previously put his initials, so placed that when tlio ballot is folded tliey can be seen without opening it ; and on the counterfoil to which he shall have placed a number .corres- ponding to that opposite the voter's name on the voters' list : Provided that such elector, if required by the Dejiuty Returning Officer, tlie Poll Clerk, one of the candidates or one of their agents, or by any elector present,^ shall, before receiving his ballot, take the oath or oaths of qualification required by the laws in force in the Province where the election is held, from a voter at the election of a member of the House of Assembly of that Province ; the words "House of Commons of Caniula" beuig in such case substituted for " House of Assembly" or such other cliange being made as to make the oath apjJicable to the election of a member of the House of Connuons of Can:Kla, and which oath tlie Deputy Retiu-ning Officer or Poll Clerk is hereby authorized to administer. yew,?- 4 ■lff*f. > ^^..^ 13 yitsii fc; ^ Porniofoath if no voters' lists. DOMINION ELECTIONS ACT. f^'^ffi ^u?"^^ Returning Officer shall instruct him how and where to affix his mark, and how to fold his ballot paper, but without inqmnng or seeing for whom the elector intends to vote except only m the case provided lor in section forty-eight. 44. If there be any Electoral District in or for which the elec- tion law of the Province where such district is situate does not require lists of voters to be made to entitle them to vote, then in ^uoh case any elector claiming his ballot paper, shall declare his name surname, addition and qualification, which shall be entered on a list kept for that purpose by the Poll Clerk; and before recenang his ballot paper such elector may be required by the ?r^nf fl.?f "™^^ ^^r^' *^^ P«" ^^''^' «"« «f th« candidates nLrfi +• ^^^"*'' T, ^y '^""y ^^^''^^^ P'''^sent to take the oath of qualification reqmred by the law in force in such Province from a voter at the election of a member of the House of Assembly ; the tTStfn. -r ""^ ^n"«»\f Canada" being in such case substi- tuted for House of Assembly," or such other change being made meuZrirr""^ *' ""'^"n*^" ^^*^ applicable to the%lecticm of a SZtt rV '^T^ °^ Conimons of Canada-which oath the lASdnkSv ""^ °'' ^""^^ ^^^'^ '' ^^'"^y authorized to 45. The elector, on receiving the ballot paper, shall forthwith m h . T.Xw::VZ ''■ ^'^ ^^-r--^™-''^ «f ^^e pEnLg station and thlre "^u^ Tft uu ^ * P^'^^u'. "'^'''"S "" ^'■^^^ «•'*»> a Pe"cil on any part fnt ^' •^^P^Pfr.^^thin the division (or if there be more thaVone to be elected^ within the divisions) containing the name (or names) shall 'th?n"?off' ^"' candidates) for- whom ife intends to vote, and shal then fold up such ballot paper so that the initials on the back can be seen without opening it and hand it to the Deputy Returning inS^'^H'^^'^'" ^k''^'"' ""^^'^'"S it, ascertain by examining 1 il initials and the number upon the counterfoil, that it is the same that ^nnT'eY *? '^n^'l'^"'"' '^"^ «^^^" ^''' detach and dest™ y the eSor nl '"t'l 't' ?'" immediately, and ia the presence of the elector, place the ballot paper in the ballot box. f>,.^^*ii^''^T !•''''*'"' '^*" ''''^^ ^^*'^<^"* ""'lue delay, and shall quit Dispatch to fv, '*'^;-^'' ^J^*'*'''" ^^^" ^^ ^"o^ed to take his ballot paper out of p „ , orty-eight, to show it when marked to any person, so as to allow ™'i'»way. the name of the candidate for whom he votes to be known undeT ?n5fr"p" ll'V"' ^""^J^^ "^'^^'"'-^ «"^ "« P^-- shall drectlyo n«n.r { " f'? ""' ^"^'^•'^^«"'- to induce any voter to show his ballot TnfuJe ", ^-^^ «Vmarked it, under a penalty of two hundred dollars for so doing, and for each case of such oifence. 48. The Deputy Returning Officer, on application of any voter ^f ^"'^f't'^'- who IS unable to read or incapacitated by blindness or other i^iysical ^^rS"' biiHi.tiiaier' 14 DOMINION ELECTIONS ACT. cause from voting in the manner prescribed by this Act, shall assist such v<, XT by mai-kmg Ids ballot paper in the"^ manner 'direc ed by or of Thf ' "" *^'" rr "^" ^* *^^ ^^^^'^ ««««*« oi the candidates^ and of no Tw "'*""' representing them, in the polling station w i.\. t-' """'^ f^'^ ^,^P"*^ Returning Officer shaU require the voter making such application, before voting to make oath of his mcapacity to vote without such assistance in the fonn foUowing : JlmltTJ"^^- 'T""" ^'''' f ^'\^' ^"' of the persons entitled hy law to affirm in civil eases, solemnly affirm) that I am unable to read ?htT.rr'''"V.'^K'^"''tP^f^T '^^' t« '"^^k the same, (.r) that I am ncapacitated by physical cause [as the case may U) hom voting wuhout the assistance of the Deputy Returning Officer." iht\t7uZ^^^'' t^'^ ?'P"*^ Returning Officer shall not understand the language spoken by any elector claiming to vote, he shall swear h?m „n7'''!!'' ^^' ^^"^V"' '^^ '^-^^•'^"^ of communication between sS elector^ ;ot : ""' "'"'"" '' ^" "^""^ ^^^"'"^^^ *« ^^^le thJin.^'P"!'^ Returning Officer shall enter opposite the names of L Jn ''/f'^'lM'"^' ^"^^^ '^^^^ «^ marked in addition to what 1 h f ir? '" '^' forty-ninth section of this Act, the reason why each ballot paper was marked by him. ^ hvf?; J^lf n^"^! 9^''}. 't^" ^"^•'^ °" *^« voters' list, to be kept by the Poll Clerk (m the form of Schedule O to this Act), opposite the name of each elector voting, the word " Voted;' as soon as his - ballot paper shall havo been deposited in the ballot box. He shaU also enter on the same list the word ''Sworn'' or '' AfHrmsd" opposite the name of each elector to whom the oath or affi^rmation ot qualihcation shall have been administered, and the words "Re- vised to be s^vorn "or ''Befused to affirm " opposite the name of each elector who has refused to take the oath or to affirm. +V, ^?* ^^-^^^^ ^^ ^i^,*" ^^ "^^^^^^ *re required by the law in force in the Province or Electoral District for which the election takes place, then the Deputy Returning Officer shall cause the name surname and addition of every voter to be entered on a list to be made and kept for that purpose ; upon which list shall be entered the word Voted opposite the name of each voter who shall have voted; or yworn" or ''Affirmed," or " Refused to be sworn '^ot to affirm, as the case may be, as above provided, ing to b?" '^-V ^P ^'«*er haying refused to take the oath or affirmation of sworn. qualihcation required as aforesaid by this Act, when requested so to do, shall receive a ballot paper or be admitted to vote. ^^T' ■n,-S;t^%f "''"' '^f !-'*^ ?^'^ ^^'^"^ «"«^ i" *h« «^«»e Electoral f(.riml.ien. district at the same election, but each elector may vote for as many candidates as are required to be elected to represent the Electoral District for which the election is held. Intorpieter allowtxl in (certain cases. List to be kept. Eatry of name's of elKct'ira voting. When tlii^re art ni) U^ts of voters leqiiiiBd by law. h ! DOMINION ELECTIONS ACT. 15 f ' « \ V 53. If a person; representing liimself to be a particular elector Ca«eof eiec- named on the register or list of voters, applies for a ballot paper *<"■ *° ^'^ose after another person has voted as such elector, the applicant, upon ItZhln taking the oath m the form of Schedule P to this Act, and other- voted, wise establishing his identity to the satisfaction of the Deputy Ketuming Officer, shall be entitled to receive a ballot paper, on which the Deputy Returning Officer shall put his initials, together with a number corresponding to a number entered on the list of voters opposite the name of such voter, and he shall thereupon be entitled to vote as any other elector : The name of such voter shall be entered on the list of voters, and Entry on a note shall be made of his having voted on a second ballot issued '^'^*- under the same name, and of the oath or affirmation of qualification having been required and made, as well as of any objections made on behalf of any and which of the candidates. 54. A voter who has inadvertently dealt with the ballot paper Elector given him, m such manner that it cannot be conveniently used spoiling his may, on delivering the same to the Deputy Returning Officer' ^*'1<'*'P»P". obtain another ballot paper in the place of that so delivered up. ' 55. Immediately after the close of the poll, the Deputy Return- Counting mg Officer shall, in the presence of the Poll Clerk and the candi- V}^ ""i^^ ^^ dates or their agents, and if the candidates and their agents or any ReSng of them are absent, then in the presence of such, if any, of them <^fflcer. as are present, and of at least three electors, open the ballot box and proceed to count the number bf votes given for each candidate. In doing so he shall reject all ballot papers which have not been ppj^,*,^ supplied by the Deputy Returning Officer, aU those by which votes baC have been given for more candidates than are to be elected, and all those upon which there is any writing or mark by which the voter could be identified : The other ballot papers being counted, and a list kept of the Duty of number of votes given to each candidate, and of the number of ^^v^^y rejected ballot papers, all the ballot papers indicating the votes oSlner given for each candidate respectively shall be put into separate counting the envelopes or parcels, and those rejected, those spoiled, and'those '"'*'*^- unused, shall each be put into a different envelope or parcel, and all these parcels, being endorsed so as to indicate their contents, shall be put back into the ballot box. 56. The Deputy Returning Officer shall take a note of any Objections objection made by any candidate, his agent or any elector present *" ^^^ot to any ballot paper found in the ballot box, and shall decide any P*^^'"*- question arising out of the objection ; and the decision of such Deputy Returning Offiqipr shall be final, subject only to reversal on petition questioning the election or return : Each objection f a ballot paper shall be numbered, and a corres- to be num ponding number , t .od on the back of the ballot paper, and bered. imtialed by the Deputy Returning Officer. 16 DOSriNrON ELECTIONS ACT. Statement to be lu- closed in ballot box for Return- ing Officer. 51. The Deputy Returning Officer shall make out a statement of I he accepted ballot papers, of the n?jniber of votes given to each candidate, of the rejected ballot papers, of the spoiled and returned ballot papers, and of those unused and returned by him ; and he shall make and keep by him a copy of such statement, and inclose in the ballot box the original statement, together with the voters' list and a certified statement, at the foot of each list, of the total number of electors who voted on each such list, and such other lists and documents as may have been used at such election. The ballot box shall then be locked and sealed, and shall be delivered to the Returning Officer, or to the Election Clerk, who shall receive or collect the same, and in case of both of them being unable to do so, then to one or more persons specially appointed for that purpose by the Returning Officer, and who shall, on delivering the ballot boxes to the Returning Officer, take the oath in Schedule PP to this Act : The Deputy Returning Officer and the Poll Clerk shall respec- tively take the oaths in forms, Schedules Q and R to this Act, which shall be annexed to the statement above mentioned. 58. The several Deputy Returrung Officers, on being requested so to do, shall deliver to each of the candidates, their agents, or in the absence of such candidates or agents, to the electors present repre- senting the candidates, a certificate of the number of votes given for each candidate, and of the number of rejected ballot papers. 59. The Returning Officer at the place, day and hour appointed by his Proclamation, and after having received all the ballot boxes, shall proceed to open them, in the presence of the Election Clerk, the candidates or their representatives, if present, and of at least two electors, if the candidates or their representatives are not present, and to add together the number of votes given for each candidate, from the statements contained in the several ballot boxea returned by the Deputy Returning Officers : The candidate who shall, on the summing up of the votes, be found to have a majority of votes, shall be then declared elected. oSrnw **• ^^^"' •^'^ ^^^ fi^^l addition of votes by the Returning Officer. Officer, an equality of votes is' found to exist between any of the candidates, and the addition of a vote would entitle any of such candidates to be declared elected, the Returning Officer shall give such additional or casting vote, but shall in no other case have the right to vote. 61. The Retiiming Officer shall, immediately after the sixth day after such verification, unless before that time he receives notice that he is required to attend before a judge for the purpose of a re-count of the votes given at the election, transmit his return to the Clerk of the Crown in Chancery, that the candidate haying the largest number of votes has been duly elected ; and shall forward to each of the respective candidates a duplicate or copy thereof, and such return shall be in the form Schedule S to thia Act : Oatli of i)er- son deliver- ing ballot box to Returning Offloer. Oaths to be attached. Certificates to candi- dates. Summing up of votes by Returning Officer. Declaration thereon. Return of candidate elected. *. , *^ it^^^.,^.'* \ DOMINION ELECTIONS ACT. 17 Transmis- sion. ment if bal- lot boxes are missing. The Returning Officer shaU accompany his return to the Clerk R«nnrf „.m which ren'o^Th" ?T''7 "^*^ 1 ^'^""^ '^ ^"« procoodings n ^- "'" wmch report he shaU make any observation he may think DrJner as^o the state of tlxe ballot boxes or ballot papers as receiv^edT^ The Returning Officer shall also transmit to the Clerk of the v . .. Crown m Chancery, with his return, the ballot papers, the ori and If w r"' ct oT fiftv sevt'TIv ^?f'. ^^*^""^"^' Offi^-«' -fe-;d to" ^'^- section hfty-seven of this Act, together with the voters' lists used used or'rloil'd ir '^'f^'f^^^ '"^^^ ^^^er lists and documents usea or required at such election, or which may have been tran^ mitted to him by the Deputy Returning Officers : behig regtrer^ ""^""' '^'" ^' ^'"* ^^^•^"S^ '^'' P««^ «ffi««' ^f*er said"!? n?l*?f;f 1^ r^^ ^T^ •''*^*"" .^"«*^«^ «^' Pr<>^i«i«^ oi the said Act (If any) wluch may be inconsistent with this section aro stt&^r- rt'D" *' '^ i- -«-J-ce with it and wTh sTctfon +K^f ,. ^^'^ ^''»^^>^^on Electiom Act, 1874," as amended bv turt^hS^orors"^" ^^ '''- ^^*' '^^^ «^^" ^^ constS'su'b^ several candidates, the Returning Officer shall adjourn fhe proceed mgs to a subsequent day-such subsequent day nitbeino^inoreThan up't'he votr'" '''' ''^ '^"^"^"^ ^' ^^' ^«^^h« puiATaddtg losf «; fo"r ?n? ShJ'r'Ii'* ^'''''" "' ^I'^.l?^"^ ^^"« ^^'^^ destroyed. Provision in lost, or tor any other reason are not forthcoming within the delav '^^^e of loss so fixed, the Returning Officer shall ascertain the cause of the dt^ >"'*"'"•'* appearance of such ballot boxes, and shall call on each of the " Deputy Returning Officers whose' ballot boxes are niisS.., or on ?SLtP^''of ''"" ^^Tl *^^ '"™^' f«^ *^« "«*«' statements ai d cer number'o? vo?f ''•''^ *^ ^''^l' '^"■^^'^'^^^ and certificates of the number of votes given to each candi te required by this 4ot the whole verified on oath-which oath the Returning Office^ is herebv authomed to administer; and in case such lists or statement or copies thereof, cannot be obtained, he shall ascLiain bv Lh evidence as he may be able to obtain the total number of votes given to each candidate at the several polling places and he IhllT return the candidate having the majority of votes ; ^nd sh^U men tion specially m his report to be sent with the return the circum stances accompanying the disappearance of the ballot boxes and each^:ndidl^'^^' '^ "^^^^^^ *^« --^- ^^ votes^JKo 64. The Clerk of the Crown in Chancery shalL on^ receiving v r , notice in the ordinary issue of the Canada Gazette of the nami of .^'"^"^ the candidate so elected. "■*»"« oi ^a^^^^, 2 18 DOMINION ELECTIONS ACT. aofthe „,„?f ^ 'P^f, ^^''^ «f *h« Crown in Chancery shall retain in his Crown in pos&ession tJie papers transmitted to him by any Retumins Officer [o'?Si„';' T' *^';,r^*"5"' ^"'' ^\ '•'.'i«* «"« y^^^' i^ the election is not contested o^paS" ^l»"ng tliat time, and, if the election be contested, then for one &(;. year after the termination of such contestation. ll^lntiy ,1, ^^\ ^,'' Pf ,T" ^^" ^«, ^"««^'^ t« inspect any ballot papers m r^ectol bal- ^J^ custody of the Clerk of the Crown in Chancery, except under \nJTI." T 1 " .1 '''' 7'^^'' ?^ """l^ ""^ ^""'^ Majesty's Superior Courts, or a "peci?.a *?"' S^ thereof ; such rule or order to be granted by such Court or Judge on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of in- Btituting or maintaining a prosecution for an ofience in relation to ballot papers, or for the purpose of a petition which has been filed questioning an election or return ; and any such order for the inspection or production of ballot papers may be made, subject to such conditions as to persons, time, place and mode of inspection or production, as the Court or Judge making the same may think expedient, and shall be obeyed by the Clerk of the Crown in Chancery. Section 14 of the amended Act of 1878 provides as follo'vvs:— ^mted*^al- ,^?- J"^"!® '^}^ "}^t *'' "PP^*"" ^'thin four days after that on lot papers. ^"'C" the Returning Officer has made, the final addition of the votes for the purpose of declaring the candidate (or candidates) elected on the affidavit of any credible witness, to the County Judge of any County, 6r in Quebec to a Judge of the Superior Court ordi- narily discharging his duties in any Judicial District in which the Electoral District or any part thereof is situated, that such witness believes that any Deputy Returning Officer at any election in such Electoral District m counting the votes has improperly counted or rejected any ballot papers at such election, or that the Returning Officer has improperly summed up the votes, and in case the appli- cant deposits within the said time with the clerk of the Court the sum of one hundred dollars as a security for the costs of the candi- date, in respect of the re-count, appearing by the addition to be elected ; the said Judge shall appoint a time within four days after the receipt of the said affidavit by him, to re-count the votes, or to make the final addition, as the case may be, and shall give notice in writing to the candidates or their agents of the time and place at which he will proceed to re-count the same, or to make such final addition, as the case may be, and shall summon and command the Returning Officer and his election clerk to attend then and there with the parcels containing the ballots used at the election ; which command the Returning Officer and his election clerk shall obey : 3. The said Judge, the Returning Officer and his election clerk, and each candidate, or his agent appointed to attend such re-count of votes, or in case any candidate cannot attend, then not more than one agent of such candidate, and if the candidates and their agents are absent, then at least three electors shall be present at such re- count of the votes : V DOMINION ELECTIONS ACT. ♦n 1 1^ ^^.^ Vwl**"^ P'''*'® appointed, the said Judge shall proceed used ballot paper,, which Imvo been counicd ( •! th. i,^ l^""/!,' i,"^! paper.; ,8) the spoiled ballot paArn^dt'o iiher ST.pe'^s!"' «Lron''s!S,v*"";r ''"L"' P'-'<--«™l=l=. proceed conlinaously, a7eS,s;,rii;d"r.^,:r;?e%rs;r'.fs:iv?t r..wlpf%''",'!f- ''^*".P''«peed to re-count the vote, accordin-^ to the 5874 "o/T r '^^^^"•" fifty-five of - rA.i>.«im .n WS«,ic< 1874, as hereby amended, and shall verify or correct the b^lnt paper account u.ul statement of the number"^of vote^SJen L eac^^^ eand,d,te: and upon the completion of such re-count,Tas sJon as he has thus ascertained the result of the poll, he shall ialun all the sa,d ballot papers in separate packets, and shaU forth wUhce?tifv efected'ty' the Returning Officer, who shall then dedare to be Sof in Tn v^^" ^""S '^^ ^'S^'^^t """ber of votes and in Sstin/^o.P Inll/ "^ ""'"'' '^' ^^^^rnius Officer shall give the casting vol e^ in like manner as provided in section sivfv of " nl Dominion Blectiorm Act, 1874: " ^ °^ ^^" 5. The Returning Officer, after the receipt of a notice from the fh. Fm ^[^"A^' '-^-^o^nt of ballots, shall delay making hTs re^rn to JiL r\"V^' ^''e^" '" ^^^^'^'y ""til he receiv^Tcer dflca e from the Judge of the result of such re-count; and upon receint of such certificate, the Returning Officer shall proceed to makph?- return in the form of Schedule 8 of the said A?tT 6 In case the re-count or addition does not so alter the resnlf nf he poll as to affect the return, the Judge shall order the costs of the candidate appearing to be elected to be paid bTthrapnlfcant acc'ount%ire'reofrf ''^" '^ ^^'^ «"' '' ^'e saiJcandTd'a Trl ro^?« r.n 'k- ^^^ •*? "^'^essary, and the Judge shall tax the cos s on giving his decision; and if the deposit is insufficient the party m whose favour costs are allowed shalfhave his actTo" "o^ l£e 68, No person shall — J?'m%: Forge or counterfeit or fraudulently alter deface or . peSonf or' ^'*^''"^ *''*^^'^*^ '"PP^^ ^""^ ^*"«* ?*?«' ^ any 19 20 Attoraptit, DOMINION ELECTIONS ACT. Thirdly: Fraudulently put into any ballot box any paper other than the ballot paper, which ho is authorized by law to put in ; or FouHhly: Fraudulently take out of the polling place any ballot paper ; or Fifthly: Without due authority destroy, take, open, or other- wise interfere with any ballot box or packet of ballot papers then in use for the purposes of the Election : No person shall attempt to commit any offence specified in this section : Hnn'f'rC '^"y contravention of this section shall be a misdemeanor ; and rnisde- »"y person found guilty thereof shall be punishable, if he be a Re - laeanrr, and turning Officer, Deputy Returning Officer or other officer engaged how punish- at the election, by a fine not exceeding one thousand dollars, or by impnsonment for any term less than two years, with or without hard labour, in default of paying such fine ; and if he be any other person, by a fine not exceeding five hundred dollars, or by imprison- ment for any term not exceeding six months, with or without hard labour, in default of paying such fine. h«ri!I?^f.P,^ ?^* ?'^^ property of the ballot boxes, baUot papers, envelopes 4e. ^^^ marking instruments procured for or used at any election, shall be in Her Majesty. Punishment of niiHfea- sanee, &c., b> election (ifflcers. Custody of ballot boxes after elec- tion. Provisions for maintcn- (ince of secrecy. 10. Every officer and clerk who is guilty of any wilful misfea- sance or any wilful act or omission in contravention of this Act, shall forfeit to any person aggrieved by such misfeasance, act or omission, a penal sum not exceeding five hundred dollars, in addition to the amount of all actual damages thereby occasioned to such person. 11. After the close of every election the Returning Officer shall cause to be deposited in the custody of the Sheriff or of the Regis- trar of the county or registration division in which the nomination was held, the ballot boxes used at the election, and the Sheriff or Registrar shall, at the next ensuing election, deliver such ballot boxes to the Returning Officer named for such election. T3. Every officer, clerk and agent in attendance at a polling place, shall maintain and aid in maintaining the secrecy of the voting at such polling place ; and shall not communicate before the poll 18 closed to any person any information as to whether any person on the voters' list haa or has not applied for a ballot paper or voted at that polling place. 2. No officer, clerk, or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain at the polling place infor- mation as to the candidate for whom any voter at such polling place is about, to vote or has voted. z*"'^ -...» V DOMINION ELECTIONS ACT. 21 anv fhlw/fn T' '''*''"^' ''^"'"* T ''*^'''^ P^^^*^" «^''" communicate at any tin « to any person any information obtained at a polling place as to the canchdato for whom any voter at such polling plain about to vote or has voted. ^ ^ ^ iht'Jl^''''^l'^^'''''^^Ty and agent in attendance at the counting of the votes, shul nianitaui and aid in maintaining the secrecy of the voting; and shall not attempt to ascertain at such counting o? cS;rT'f" "'1^ "'formation obtained at such counting, is ?? the candidate for whom any vote is given in any particular bElIot paper 5 No person shall, directly or indirectly, induce any voter to display his ballot paper after ho has marked the same lo as to make known to any person the name of the candiX'te for o? against whom he has so marked his vote. ^""m.uc lor or 6. Any contravention of this section shall bo nunishablo hv n p ■ u fnv\enn'nor'"^*"'* J-«^d-^dollars, or h/iS^^l^^^L^^ ^^^' KeLX^^^lti^Ve!""*^^ with or without hard labour, ---' 13. Where a candidate on the trial of an election netition v ♦ ♦ . £tTe7 t'^l "'* ^"' ^"^ P'^'^V' '' P'-'^^^'i *« have be^? guSy by '^^n' himself or by any person on his behalf, of bribery treating or <=^'ndiaate, undue influence in respect of any persok who voted at such dec- &" tt?' tion, or where any person retained or employed for reward by or ^>^^^^' on behalf of such candidate for all or any of the purposes of sudi election as agent, clerk, messenger, or i5 any othrSployment IS proved on such trial to have voted at such election the?e shall on the trial of such election petition be struck oif from the number of votes appearing to have been given to such candidate, one vo?e for every person who voted at such election, and is proved to have been so bribed, treated or unduly influenced, or so retained or employed for reward as aforesaid. reiainea or 14. A person shall for all pui-poses of the laws rpln.tinfr in Pq,. i, lamentary elections be deeme^d t^ be guilty of the offenS of p^r SS?" sonation, who at an election of a member of the House of '^' Commons applies for a ballot paper in the name of some other person whether such name be that of a person living or de^d, or of a fictitious person, or who having voted once at any such election applies at the same election for a ballot paper in his^own name The offence of personation, or of aiding, abettinc^ counsellina p„ • u or procuring the commission of the offence 'of personation by an? - ^ person, shall be punishable by a fine not exceeding two hundred dollars, and by imprisonment for a term not exceediSg six months r.J.y' ''^^.':, "^^^"f « «f personation shall be deemed to be a corrupt To be a cor- ^^ZtTZ/irTStt^ ''^^^^^'^^^^ Controverted mS -tp^c 10. If, on the trial of any election petition questioning the P'^'Hif'ifica- ^lection or return for any Electoral District, any candidate o?Ue? ^eX of persona- * tion. 22 DOMINION ELECTIONS ACT. person in found by tho report of tlio Judgo, by hinwelf or hw agents with his actual knowlodgo uiul consont, to huvo boon guilty of personation, or by hinmelf or his iigeuts to have aided, aliettetl counsolied or procured tho coininisHJon iit Huch election of the offence of persoimtion by any perHun, his election sludl bo declared null and void ; and such candidate or such other person slmll bo incaimblo of being elected or sitting in tho House of Connnoiis for any Electoral District during tho continuance of tiio I'lirliaiuent for which tho election is held, and during the then next Parliament. roun/o-**' '3"3'» No person who has voted at an election shall, in any legal tect«S. proceeding to question tho election or return, bo required to state for whom ho has voted. C'andidato may act as bia own •gent. As to pro- visions requiring presence of ugents, iic. GENERAL PROVISIONS. T8. A candidate may himself undertake tho duties which any agent of his, if ap[)ointed, might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place at which his agent may in pursuance of this Act be authorized to attend. 7 . )^'"'*' i" *1"3 Act any expressions are used, retpiiring or authorizing any act to be done, or inferring that any act or thing 18 to be done in tho presence of the agents of the candidates, such expressions shall be deemed to refer to the presence of such agents of the candidates as may be authorized to attend, and as have, in fact, attended at the time and place where such act or thing is being done ; and the non-attendance of any agents or agent at such time and place shall not, if the act or thing be otherwise duly done invalidate in any wise the act or thing dt>ne. ' 80. No election shall be declared invalid by reason of a non- compliance with the rules contained in this Act as to the taking of the poll or the counting of the votes, or by reason of any want of qualification in the persons signing a nomination paper received by the Returning Officer, under the provisions of this Act, or of any mistake in the use of the forms contained in tho schedules to this Act, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Act, and that such non-compliance or mistake did not afiect the result of the election. 81. Every Returning Officer and every Deputy Retuniij-^' Officer- from the time they shall respectively have taken the oalli of ollioe until the day after the closing of the elections, shall be a conservator of the peace invested with all the powers appertaining to a Justice of the Peace. May com- 8/4. Such Returning Officer or Deputy Returning Officer may LuI'Vft'c^'^*' requii ;, t'e .-.3sistance of Justices of tlie Peace, constables or other person •. pvesent, to aid him in maintaining peace and good order at Mistakes of forni only not fatal. Returning Officer and D. R. O. to be conser- vators of peace. " » V \ f C^lE^Siiiii DOMINION ELEmONS ACT. 23 V V fftmnlve •uch oloction ; an.l may alH... on a rciuiHition iimae in writing by sp«, ui oou any candiduto, or by his agunt, or hy any two oloctorn, swoar in ►'«''''•" Bucli spucial conHtubloH nn he dwnm nocusaury. 83. Such Roturmrig OtKcor or I)hu!u in the '"'""'•''''"•• custody of any coustablos or othur porsons, any piT-ion person, ior any reason carry or use any such ensign, standard, set of colours or other flag as a par^y flng, within such Electoral District on the day of any such elecion or polling or within eight days before such day, or during the continuance of such election. ^' 80. No candidate or any other person, shall furnish or supply V th mtexit that the same should be worn or used within such Electoral Lutrict on the day <.f election or polling, or within eight daya before such day, or dvring the continuance of such election by such person, or any other, as a party badge to distinguish the ^^ eaivr as the supporter of such candidate, or of the political or other opinions entertained, or supposed to be entertained, by such candidate ; nor sha 1 any person use or wear any ribbon, label, or other favour, as such badge, within such Electoral District, on the day of any such election or polling, or within eight days before such day, or during the continuance of such election. fcr'contm"* ,, ^P' ^^'^7 Person oiTending against any of the provisions of the fouf next preceding sections, shall be deemed guilty of a mis- demeanor, punishable by fine not exceeding one hundred dollars or imprisonment not exceeding three months, or by both, in the discretion of the court. J " > "^ t^c iTclZU- ,,i?!|: f' «Pif "ous or fermented liquors or strong drinks shall be and no ^9^^ 01 given at any hotel, tavern or shop or other place within the intoxicatiir,' limits of any polling district, during the whole of tiic poUina dav X'Z"^^ f -y f '^Pt;-^ for the House of Cornmons, under a "nJity of S i„j, day. Jmndred dollars for every ofience ; and the offender shall be subiect Piinish- r imprisonment, not exceeding six months, at the discretion of the raent. judge or court, in default of payment of such fine. PREVENTION OF CORRUPT PRACTICES AT ELECTIONS. tobei"e,ned anf^.'.lTt ^""'"I'T , ^''''''''^ '¥^ ^^ ^^^^"^^^ ^"^1*^ «f bribeiy bribery. '^'1" ^i^'^" "^ punishable r.ccordingly ;— ^ 1. Every person who directly or indirectly, by himself or by any other person on his behalf, gives, lends or agrees to give or lend or otters or promises any money or valuable consideration, or promises to procure, or to endeavour to procure, any money or valuable consideration, to or for any voter, or to or for any person oi. behalf of any voter, or to or for any person, in order to induce any voter to vote, or refrain from voting, or corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at any election ; * ♦ ■•fS^St^Ssite;: ^.»H,*iJ V «► or ' ♦ ■•«*i^^* V s* DOMINION ELECTIONS ACT. 2. Every person who, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers or promises any office, place or employment, or promises to procure, or to endeavour to procure any office, place or employment to or for any voter, or to or for any other person m order to mduce such voter to vote, or refrain from voting, or corruptly does any such act as aforesaid, on account of any voter having voted or refrained from voting at any election ; 3. Every person who directly or indirectly, by himself or by any other person on his behalf, make any gift, loan, offer, promise procurement or agreement as aforesaid, to or for any person in order to induce such person to procure or endeavour to procure the return of any person to serve in the House of Commons, or the vote of any voter at any election ; 4. Every person, who, upon or in consequanoe of any such gift loan, offer, promise, procurement or agreement, procures or en- gages, or promises or endeavours to procure the return of any person to serve in the House of Commons, or the vote of any voter at any election ; •' 5. Every person who advances or pays, or causes to be paid, any money to, or to the use of any other person, with the intent that such money or any part thereof shall be expended in bribery or coiTupt practices at any election, or who knowingly pays or causes to be p;ud, any money to any person in discharge or repayment of any money wholly or in part expended in bribery or corrupt prac- tices at any election : i r i ^nd any person so offending shall be guilty of a misdemeanor, Pnnishn.ent and shall also be liable to forfeit the sum of two hundred dollars '"'' ^»«'> to any person who shall sue for the same, with full costs of suit ' °"''"'''- Provided always, that the actual personal expense of any candidate," Proviso • as nis expenses tor actual professional services performed, and bona *« la^f"! Jide payments for the fair cost of r)rinting and advertising, shall be '^''P^"^'-'^- held to be expenses lawfully incurred, and the payment thereof shall not be a contravention of this Act. »»??• iTk^ foUowing persons shall also be deemed guilty of bribery. Certain a,,. and shall be punishable accordingly : ° -> j > ^ ^, _ ^ 1. Every voter who, before or during any election, directly or indirectly, himself or by any other person on his behalf, receives agrees or contracts for any money, gift, loan or valuable considera- tion, othce, place or employment, for himself or any other person tor voting or agreeing t.j vote, or for refraining or agreeinr' to refrain from voting at any election ; » & fa 2. Every person who, after any election, directly or indirectly himself or by any other person on his behalf, receives any money or valuable consideration for having voted or refrained from voting or having induced any other person to vote or refrain from voting at any election : ° by voters to be deemed bribery. 26 DOMINION ELECTIONS ACT. Ku'r"* .J^'t any person so offendmg shall be guilty of a misdemeanor, offeS^es. ^"'^ »*i^ll i^so be liable to forfeit the sum of two hundred doUara to any person who shall sue for the sa:ne, together with fuU costs of Offence of treating aeflncd. Votes to be struck off oil trial of flection. Oiving meat 05 drink to i:leetors. Penalty. Tlircats \iolence &(■:. for- bidden. of Punish- ment. Recital of doubts. 94. Every candidate who corruptly, by himself or by or with any person, or by any other ways or means on his behalf, at any- time either before or during any election, directly or indirectly gives or provides, or causes to be given or provided, or is accessory to the giving Of providing, or pays wholly or in part any expenses incurred for any meat, drink, refreahment or provision to or for any person, in order to be elected or for being elected, or for the purpose of corruptly influencing such person or any other person to give or refrain from -iving his vote at such election, shaU be deemed guilty of the ofFeiice of treating, and shall forfeit the sum ot two hundred dollars to any person who shall sue iov the same, with full costs of suit, in addition to any other penalty to which Jie may be liable therefor under any other provision of this Act • and on the trial of an election petition, there shall be struck off from the number of votes given for such candidate, one vote for every person wlio shall have voted and is proved on such trial to Jiave corruptly accepted or taken any such meat, drink, refresh- ment or provision : And the giving or causing to be given to any voter on the nomina- tion day or day of polling on account of such voter having voted or beuig about to vote, any meat, drink or refreshment, or any money or ticket to enable such voter to procure refreshment, shall be deemed an unlawful act, and the person so offending shall forfeit the sum of ten dollars for each offence to any person suing for the same, with full costs of suit. 95. Every person who, directly or indirectly, by himself or by any other person on his behalf, makes use of, or threatens to make use of any force, violence or restraint, or inflicts, or threatens the infliction by himself, or by or through any other person, of any injury, damage, harm or loss, or in any manner practises intimida- tion upon or against any person, in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who by abduction, duress or any fraudulent device or contrivance, impedes prevents or otherwise interferes with the free exercise of the franchise of any voter, or thereby compels, induces or prevails upon any voter either to give or refrain from giving his vote at any election, shall be deemed to have committed the offence of undue influence, and shall be guilty of a misdemeanor, and shall also forfeit tne sum of two hundred dollars to any person suing for the same, with full costs of suit. 96. And whereas doubts may arise as to whether the hiring of teams and vehicles to convey voters to and from the polls and the paying of railway fares and other expenses of voters, be or be not according to law, it is declared and enacted, that the hiring or if I***-'-' <» 27 Paying for conveyance of voters to poll illegal. Penalty. DisqualiQca- tion of voters ofFeading. Siibornatiou of persona- tion, &c. Penalty. ot DOMINION ELECTIONS ACT. promising to pay or paying for any horse, team, carriage, cab or other vehicle, by any candidate or by any person on his behalf to convey any voter or voters to or from the poll, or to or from the neighbourhood thereof, at an election, or the payment by any can- didate, or by any person on his behalf, of the travelling and other expenses of any voter, in going to or returning from any election are and shall be unlawful act,s; and the person so offending shall forfeit the sum of one hundred dollars to any person who shall sue for the same; and any voter hiring any horse, cab, cart, waggon, sleigh carriage or other conveyance for any candidate, or for any agent o'f a candidate, for the purpose of conveying any voter or voters to or from the pollmg place or places, shall, ipso facto, be disqualified rom voting at such election, and for every such offence shall forfeit the sum of one hundred dollars to any person suing for the same. 91. Every candidate who corruptly, by himself or by or with any other person on his behalf, compels or induces or endeavours to induce any person to personate any voter, or to take any false oath m any matter wherein an oath is required under this Act, shall be guilty of a misdemeanor, and shall in addition to any other punish- ment to which he may be liable for such offenco, be liable to forfeit the sum of two hundred dollars to any person suing for the same. 98. The offences of bribery, treating, or undue influence, or any Certain of such offences, as defined by this or any other Act of the Parlia- offennes to^ ment of Canada, personation or the- inducing any person to commit JracS* personation, or any wilful offence against any one of the six next preceding sections of this Act shall be corrupt practices within the meaning of the provisions of this Act. 99. No person shall be excused from answering any question put to him in any action, suit, or other proceeding in any court, or before any judge, commissioner or other tribunal, touching or con- cerning any election, or the conduct of any person thereat, or in relation thereto, on the ground of any privHege, or on the ground that the answer to such question will tend to criminate such person ; but no answer given by any person claiming to be excused on the ground of privilege, or on the ground that such answer will tend to criminate himself, shall be used in any criminal proceeding against such person other than an indictment for peijury, if the judge,° com- missioner, or president of the tribunal shall give to the witness a certificate that he claimed the right to be excused on either of the grounds aforesaid, and made full and true answers to the satisfaction of the judge, commissioner, or tribunal. 100. Every executory contract, or promise, or" undertaking, in Contracts or any way referring to, arising out of, or depending upon, any election P'omises re- under this Act, even for the payment of lawiul expenses, or the doing eiectfoM of some lawful act, shall be void in law; but this provision shall not void. enable any person to recover back any money paid for lawful expenses connected with such election. No excuse of privilege, &c., allowed for not answering questions in proceedings touching electious. Hit >^ 28 Corrupt practice by candidate or his agent to void elec- tion. DOMINION ELECTIONS ACT. PUNISHMENT FOR CORRUPT PRACTICES. f.iK^V/'^ 'fj^ ^''.""^,'^y the report of any court, judge or other tribunal for the tria of election petitions, that any corrupt practice has been committed by any candidate at an election, or by his agent whether with or without the actual knowledge and consent of such candidate, the election of such candidate, if he has been elected, shall Srulf fh *?•'•,• 7 1 '^P'^^^*^^ ^^'^"'•e ^"y court, judge or other tribunal for practfeeby ^^^ ^rial of election petitions, that any corrupt practice has been a candidate, committed by or with the actual knowledge and consent of anv candidate at an election, or if he be convicted before any competent court of the misdemeanor of bribery or undue influence, he shall be held gu.lty of corrupt practices, and his election, if he has been elected shall be void, and he shall, during the seven years next after the date of his being so proved or found guilty, be incapable of being elected to, and of sitting in the House of Commons, and of voting at any election of a member of that House, or of holding an office in the nomination of the Crown or of the Governor, in Canada Employing agent who has been guilty of corrupt practices. Punishment of others than candi- dates for corrupt practices. Removal of disqualifica- tion pro- cured by perjury. r.S ?: i *'''^', ""^ """y ^'^^^'0" petition, any candidate is proved to have personally engaged at the election to which such petition relates, as a canvasser or agent in relation to the election any person, knowing that such person has, within eight years pre- vious to such engagement, been found guilty of any corrupt prac- tice by any competent legal tribunal, or by the report of any judge or other tribunal for the trial of election petitions, the election of such candidate shall be void. 104. Any person other than a candidate, found guilty of anv corrupt practice in any proceeding in which, after notice of the charge, he has had an opportunity of being heard, shall, during the eight years next after the time at which he is so found guilty, be incapable of being elected to, and of sitting in the House of Com- mons, and of voting at any election of a member of the House of Commons or of holding any office in the nomination of the Crown or ot the Governor, in Canada. undo?t",Jn?*.vf"V'"^ ""^^^^ any person has become disqualified under any of the four next preceding sections of this Act. the wit- «o Wn? ''"J ^T\ °" '''^"'^ testimony such person shall have so become disqualified, are, upon the prosecution of such person, ?ri K P"'-'"''^ •" ''fP''^ ^f "^^h testimony, it shall be lawfu for such person to move the court before which such conviction shall take place, to order, and such court shall, upon being satisfied ihat such disquahfication was procured by reason of such perjury, order that such disqualification shall thenceforth cease and detemine; and the same shall cease and determine accordingly. <> DOMINION ELECTIONS ACT. 29 *► Liability of Returning Officer not returning candidate elected. Proviso. Stealing or tampering, with poll books. PENALTIES AND PUNISHMENTS GENERALLY. 106. If any Returning Officer wilfully delays, neglects or refuses duly to return any person who ought to be returned to serve in the House of Commons for any Electoral District, such person may in case It has been determined on the hearing of an election petition respectmg the election for such Electoral District, that such person was entitled to have been returned, sue the Returning Officer having 30 wilfully delayed, neglected or refused duly to make such return of his election, in any court of record in the Province in which such Bilectoral District is situate, and shall recover a sum of five hundred dollars together with all damages he has sustained by reason thereof and full costs of suit : provided such action be commenced within one year after the commission of the act on which it is grounded or within SIX months after the conclusion of the trial of the petition relating to such election. lOT. If any person unlawfully, either by violence or stealth takes from any Deputy Returning Officer or Poll Clerk, or from any other person having the lawful custody thereof, or from its lawful place of deposit for the time being, or unlawfully or maliciously destroys, injures or obliterates, or causes to be wilfully or maliciously destroyed injured or obliterated, or makes or causes to be made any erasure, addition of names or interlineation of names, in, to or upon or aids, counsels or assists in so taking, destroying, injuring or obliterating, or making any erasures, addition of names, or interlinea- tion ot names, in, to or upon, any list of voters or writ of election or any return to a writ of election, or any report, certificate or affi'- davit, or any document or paper, made, prepared or drawn out according to or for the purpose of meeting the requirements of this Act or any of them, every such offender shall be guilty of felony and shall be liable to imprisonment in the penitentiary for any term not exceeding seven years, nor less than two years, or to be im- prisoned in any other gaol or place of confinement for a period not less than two years, with or without hard labour ; and it shall not be necessary in any indictment for such ofifence, to allege that the article in respect of which the offence is committed, is of any value or the property of any person. 108. Any Returning Officer, Deputy Returning Officer, Election Neglect of Clerk or Poll Clerk, who refuses or neglects to perform any of the f."*y*>yeiec. obligations or formalities required of him by this Act, shall for each " * such refusal or neglect forfeit the sum of two hundred dollars to any Penalty, person suing for the same. ^ 109. All penalties and forfeitures (other than fines in cases of Recovery of misdemeanor) imposed by this Act, shall be recoverable with full penalties costs of r,uit, by any person who will sue for the same by action of fciw,' debt or information, in any of Her Majesty's courts in the Province in which the cause of action arose, having competent jurisdiction • and m default of payment of the amount which the offender is con' demned to pay, within the period fixed by the court, the offender Felony, Punish- ment. "" DOMINION ELECTIONS ACT. Phall be imprisoned in the common gaol of the place, for any term less than two years, unless such fine Ld costs be sooner paid ^SSia „i,,V?; this Act^tn'f f '"' %' '^' .P'*""^'"^' •" ^"^ ««'-" «'• «"'t suits for ?'ven b) this Act, to state in the declaration that the defendant is penalties. indebted to h m in the sum of money thereby demanded and to a„rthaf fr^T ''."^'"r ^"J ''^''^ 'he action or suit brought! and hat the defendant hath acted contrary to this Act vvithou mentioning the writ of election or the return thereof. 111. In any such civil action, suit or proceedine as last aforr- said the parties to the same, and the husbands or^v^ves of such panes respectively, shall be competent and compellable to gi^e evidence, to the same extent and subject to the same exceptionf Is in other civil suits in the same Province ; but such evidence shaU not thereafter be used in any indictment o; criminal p^oreLg unSer this Act against the party or persons giving it. Evidence of husbands and wives. Proviso. Criminal Court may allow costs to prosecu- tion in cer- tain cases. Or to de- fendant acquitted. Allegation and evidence of corrupt practice. Production of writ of election, Ac, not required. 113. It shall be lawful for any criminal court before which anv prosecution ,s instituted for any offence .gainst the provisioiv of this Act to order payment by the defendant !o the prosecu irof such costs and expen.ses as appear to the court to have been reasonablv .ncurred in and about the conduct of such prosecution ; but the coS shall not make such order, unless the prosecutor bero;e or upon the finding of the indictment or the granting of the information enters into a recognizance with two sufficient sureties, in the sum' of five hundred dollars and to the satisfaction of the court, to conduct the racqumed.''' ''' '"' '' ^'^' '^' ^'^^'""^^"^ ^'^^^^'^ '» '««^ ^^ 113. In case of an indictment or information by a private nrose- cutor for any offence against the provisions of this Actjf judgment be given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of such indictment or informat.on-such costs to be taxed by the proper officer of the court in which the judgment is given. 114, In any indictment or prosecution for bribery or undue in- fluence, or any other corrupt practice, and in any action or proceeding for any penalty for bribery, or undue influence, or any other corrunt practice, it shall be sufficient to allege that the defendant was, at the e ection at or in connection with which the offence is intended to be alleged to have been committed, guilty of bribery or undue influence or any other corrupt practice, describing it by the name given to it by this Act or otherwise (as the case may require): and in anv criminal or civil proceeding in relation to any such offence, the certifi- cate of the Returning Officer in this behalf, shall be sufficient evidence of he due holding of the election and of any person named in such certibcate having been a candidate thereat. 115. It shall not be necessary on the trial of any suit or prose- cution under this Act, to produce the writ of election or the return thereof, or the authority of the Returning Officer founded upon any 31 DOMINION ELECTIONS ACT. Buch writ of election, but general evidence of such facts shall be suflBcient evidence: and if the orginal ballot papers or other pHpors are required, the Clerk or Registrar of the Court having cognizance of the election petition may, at the instance of any of the parties • thereto, notify the Clerk of the Crown in Chancery to proddce the same on the day fixed for the trial, and the said Clerk of the Crown in Chancery shall, on or before the said day, deposit the same with such Clerk or Registrar, taking his receipt therefor. 116. The Clerk of the Crown in Chancery may deliver certified Clerk of copies of any writ, lists of voters, returns, reports and other docu- Jlf"'^" "' rnents in his possession relating to any election, except ballot papers; mi^'Ser and such copies so certified shall be received and be held a^ primd '•"**"<''' facie evidence before any election judge or court, and befo4 any ta/n'ii'r court of justice in the Dominion of Canada. ' ' the I'lnver o( Court or Judge trying an election IH'tition to iiiiposp Per- tain i»en;il- ties. Proceedings in such ciiso. 117. Whenever it shall appear to the court or juJ-re trvinc an election petition, that any officer, elector, or other person, has con- travened any of the provisions of this Act-tor which con;-avention such officer elector, or other person, migt:t he liable to a Hue or penalty (other than fines and penalties imposed for any offence aniounting to a misdemeanor or felony), such court or jud<'e may order that such officer, elector, or other person, be summoned to appe-.r before such court or judge, at the place, day and hour fixed m sjch summons for hearing the charge: If, on the day so fixed by the summons, the party summoned do not appear he shall be condemned, oh the evidence already adduced on the trial of the election petition, to pay such fine or penalty as he may be liable to for such contravention, and in default of paying such fine, to the imprisonment imposed in such case under the provisions of this Act: And if on the day so fixed the party so summoned do appear the cour. or jirdge after hearing such party and such evidence as may a ertaiV ^'^"^ ^"^"^ judgment as to law and justice may All fines recovered under this section shall belong to Her Majesty No fine shall be imposed under this section if it shall appear to the judge or court that the party has already been sued for the same oflTence, nor shall any such fine be imposed for any offence proved only by the evidence or admission of the party committing it. 118. No indictment for bribery or undue influence, personation or other corrupt practice shall be triable before any Court of Quarter or General Sessions of the Peace. Viuarier 119. Every prosecution for any misdemeanor under this Act t- w and every action suit or proceeding for any pecuniary penalty given of"S"e. by this Act to the person suing for the same, shall be commenced within the space of one year next after the act committed, ani not afterwards (unless the same be prevented by the withdrawal or absconding of the defendant out of the jurisdiction of the court) and being commenced shall be proceeded with and carried on without willul delav. Proviso. Bribery, &c., not triable at Q. 8. DOMINION ELECTIONS ACT. J'erjury. No payment t') be .'iiade through authorized ."iwrit. Names of ■igents to be published. 1 11 case .•igeiit can- not act. 130. Every person taking any oath or affirmation under this Act, who wilfully swears or afBrms falsely, shall be deemed guilty ELECTION EXPENSES. 131. No payment (except in respect of the personal expenses of a canclrdate) and no advance, loan or deposit, shall be made by or on behalf of any candidate at any election, before or during or after such election, on account of such election, otherwise than through an aeent or agents, whose name or names, address or addresse.s, have been declared m writing to the Returning Officer, on or before the nomina- tion day, or through an agent or agents to be appointed in his or their place, as herein provided; and anv person making any such payment, advance, loan or deposit otherwise than through -feuch a^ent or agents, shall be guilty of a misdemeanor: " It shall be the duty of the Returning Officer, to publish on or before the nomination day the name and address or the names and sectio^-^^'' ^^"^^^ "^^ '^°'^"*^ appointed in pursuance of this In the event of the death or legal incapacity of any agent appointed m pursuance of this section, the candidate shall forthwith appoint another agent in his place, giving notice to the Returning Officer of the name and address of the person so appointed, which shall be Harthwith published as hereinbefore provided, by the Returnine Urncer. ° o.'^^'ri'l Pf'^ons who have any bills, charges or claims upon any candidate for or in respect of any election, shall send in such bills, charges or claims within one month after the day of the declaration of the election, to such agent or agents as aforesaid • otherwise such persons shall be barred of their right to recover such claims, and every or any part thereof: Provided always, that in the event of the death, within the said month, of any person claiming the amount of any such bill, charge or claim, the legal representa- tive of such person shall send in such bill, charge or claim within one month of his obtaining probate or letters of administration or 0, his becoming otherwise able to act as such legal representative otherwise the right to recover such claim shall be barred as aforel said ; and provided pIso, that such bills, charges and claims shall and may be sent in and delivered to the candidate, if and so lontr as during the said month, there shall, owing to death or legal incapacitv' be no such agent; and provided also, that the agent shall not pay any such bill, charge or claim without the authority of the candi- date, as well as the approval of the agent. of dSd'' ^^^' ^^,5^t^'l^ )uty ftllob and allot the and lina- onB, !S or dian th» :s. able- vate pers lired one one and case I not ciesr .*' <» Ffl«s, tu-. , t<) be (Mtid out of Con- HolidaUii lUivcniiij Fituil Fern, ki\, may Im>, in creiuicil in ciTtain «le'j tonil es8ion of Parliament. MISCELLANEOUS PROVISIONS. mi. Any person before whom it is hereby required or intimated Adminisi, by any form in the schedule to this Act, that any oath be taken or *'•"> "^ any affirmation made in the manner herein provided, shall have "*'*"" power to administer the same, and shall do so gratuitously ; and tbe Returning Officer at any election shall have power to administer any oath or affirmation required with respect to such election by this Act; and the Deputy Returning Officer may administer such oath or affirmation, except only such as may be required to be adminis- tered to the Returning Officer. 1^8. Where the Returning Officer or his Deputy is by this Act Mode of required or authorized to give any public notice, and no special mode ^'^'"« of giving the same is mentioned, he may give the same by advertise- '"'^"'^'*-. ment, placards, handbills or such other means as he may think best calculated to give the information to the electors. 36 DOMINION ELECTIONS ACT. fierkonlDg time. I99i If the time limited by this Act for any proceeding, or the doitiK of at)y thing under its provisions, expires or falls upon » Sunday, ornny day which is a holiday under the Interpretation Act, the time so limited shall be extended to, and such thing may be dun« on the day next following which is not a Sunday or holiday. Interpreta- liuo. I HO. fn this Act the word " Election" means an election of a member to serve in the House of Commons; the words "Electoral District" mean any place in Canada entitled to return a member to the House of Commons ; the word "oath" includes "affirmation" in cases whore a solemn atHrujation is by law allowed instead of an oath ; and the Interpretation Act applies to this Act. Co]iies of this Act, Jic, to be ii«nt to lictuniing (ifflt'crB. I*tl. One copy of this Act, and of such instructions approved by the Governor in Council as may be required to carry out the elections according to the provisions of this Act (with a copioun alphabetical index prefixed), for the Returning OfQcer, and one for each of his Deputies, shall be transmitted, with the writ of election, to each Returning Oilicer. MtkinRof tlVZ. The Clerk of the Crown in Chancery may cause to be made !*.'^n','!i^*^' for each Electoral District, such a number of ballot boxes as may be menu, 4c. required ; or may give to the Rcturnmg Omcers such mstructions as may be deemed necessary to secure such ballot boxes of a uniform size and shape, and also as to the mode of making the compartments in the polling stations — such instructions being first approved of by the Governor in Council. toucliing eleutioas. 36 v., c. 27, l«t3. The Act passed by the Parliament of Canada in the thirty- repealed, sixth year of Her Majesty's reign, intituled, '■''An Act to make tem- Aa to Pro- poTary provision for the election of Member* to serve in the ffovse viiicial iaw.s , 18 . ( ^ C. D., Justice of the Peace, The forms in this Schedule may be varied according to circumstances, the intention of the Act being complied with ; and the assent of Uie candidate may be awwn to by a separate elector, if the facts require it to be so. (Signature,) A. B. Return when there are no more Candidates than Members to he elected. I hereby certify that the member (or members) elected for the Electoral District of , in pursuance of the within written writ, is (or are) A. B. of in , (and C. D. of as in the nomination paper), no other candidate having been nominated (or the other or all other candidates having withdrawn as the case may be). (Signed,) R. O., Returning Officer, 'Jf^'-^^Jh H n. Notice of Poll being granted, and of Candidates JVomin/ited. NOTICE. Electoral District of , to wit : Public notice is hereby given to the Electors of the Electoral District aforesaid, that a Poll has been demanded at the election now pending for the same, and that I have granted such Poll ; and further, that the persons duly nominated as candi- dates at the said Election, and for whom only votes will be received, are, — 1 . John Doe, of the Township of Nepean, County of Oarleton, Yeoman. 2. Richard Roe, of the Town of Prescott, County of Grenville, Merchant. 3. Geoffrey Stiles, of 10 Sparks Street, Ottawa, Physician. 4. John Stiles, of 3 Elgin Street, Ottawa, Barrister-at-Law. DOMINION ELECTIONS ACT. 41 tKe- low fied tion hey ice ; eby 1 in As in the Nomination Papers. Of which ALL persons are hereby required to take notice, and to govern them selves accordingly. Given under my hand at in tbe year 18 this day of (Signature,) A. B., Returning Officer. Ballot Paper and Directions for voting Election for the Electoral District of 18 tion by DOE John Doe, Township of Ne- pean. County of Carleton, Yeoman. d. ;rict t. of >er), atesi >»^'V n. ROE Richard Roe, of Town of Prescott, County of Gren- ville, Merchant. X STILES jr. Geoffrey Stiles, of 10 Sparks Street, Ottawa, Physician. STILES jy John Stiles, of 3 Elgin Street, Ottawa, Barrister- at-Law. aid, that ndi- Tli^ names of the candidates will be as in the nomination paper. There is to be no margin on the left side of the ballot paper ; and the horizontal division lines will be carried to the edge of the paper on the right side. The elector is supposed to have marked his ballot paper in favour of Richard See. The dotted line will be a line of perforations for easily detaching the counterfoil. mi*-m»m 42 DOMINION ELECTIONS ACT. DIRECTIONS FOR THE GUIDANCE OP ELECTORS IN VOTING. anvmark'on the°Sw """' ?»n'«^KonreiS* '"' "^ *'•"''* be identified, hi^ot. labour ™ ''''* exceeding six months, with or without hard 'i-^^ J Commission of a Deputy Returning Officer. To G. H. {insert his legal addition and residence.) ^^Know you, that in my capacity of Returning Officer for the Electoral District *? Jf ^^Puty Returning Officer for 'tL^'^g^Srict ^W "''^ '^^""* ^^^ of the said Electoral District of ^ «-^8iiici; number U ftyX^lreVa^d^koK^ff' """""""^ ? '"■ "' '"» Pon-S *«»™ ^^d^^^uLdto-o^JSa^fep'SfoCT^^^^^^^ ?:5SSH"Ti"^"^^^^^^ S,?teS%Sferi Given under my hand at in the year 18 this (Signature,) day of A. B., Returning Officer. DOMINION ELECTIONS ACT. 43 Oath of Deputy Returning Officer. 1, the undersigned G. H., appointed Deputy Returning Officer for the polling district No. , of the Electoral District of , solemnly swear (or, behxj one of the, persons ptrmitted by law to affirm in civil cases, solemnly affirm) that I will act faithfully in my said capacity of Deputy Return- ing Officer, without partiality, fear, favour, or affection. So help me God. (Signature,) G. H., Deputy Returning Officer. .V*"^*>^ Certificate of a Deputy Returning Officer having taken the oath of Office. I, the undersigned, hereby certify that on the day of the month of , G. H. , Deputy Returning Officer for the polling district No. of the Electoral District of , took and subscribed the oath (or affirmation) of office, required in such case of a Deputy Returning Officer, by section 28 of " The Dominion Elections Act, 1874." In testimony whereof, I have delivered to him this certificate under my hand. (Signature,) 0. D., Justice of the Peace. or A. B., Returning Officer. Ii. Commission of a Poll Clerk. To I. J. (insert his legal addition and residence.) Know you, that in my capacity of Deputy Returning Officer for the polling district. No. , of the Electoral District of , I have appointed, and do hereby appoint you to be Poll Clerk for the said polling district. Given under my hand at in the year 18 this day of (Signature,) G. H., Deputy Returning Officer. M. Oath of Poll Clerk. I, the undersigned, I. J. , appointed Poll Clerk for the polling district, No. , of the Electoral I)istrict of do solemnly swear (or, if he be one of the persons permitted by laiv to affirm in civil cases, do solemnly affirm) that I will act faithfully in my capacity of Poll Clerk, and also in that of Deputy Returning Officer if required to act as such, according to law, without partiality, fear, favour, or affection. So help me God. (Signature,) I. J., PoU Clerk. w 44 DOMINION ELECTIONS ACT. Certificate of the Poll Clerk having taken the Oath. I, the undersigned, hereby certify that on the day of the month of , I. J., Poll Clerk for the polling district, No. , of the Electoral District of , took and subscribed before me the oath (or affirmation) of office required of a Poll Clerk in such cases by section 31 of "The Dominion Elections Act, 1874." In testimony whereof, I have delivered to him this certificate under my hand. (Signature,) C. D., Justice of the Peace. or A. B., Returning Officer. orG. H., T y Returning OflScer. N. Commission of a Poll Clerk hy a Poll Clerk acting as Deputy Returning Officer. To of (insert his residence and legal addition). Know you, that in my capacity of Acting Deputy Returning Officer for the polling district. No. , of the Electoral District of , in consequence of the decease (or incapacity to act, rt,s the case may he) of the Deputy Returning Officer for the said polling district, whose Poll Clerk I was, I have appointed, and do hereby appoint you to be Poll Clerk for the said polling district. No. , of the said Electoral District. Given under my hand at in the year 18 , this day of (Signature,) P. C, Poll Clerk, Acting as Deputy Returning Officer. Tfie oath and certificate of its having been taken will be the same as in the case of a Poll Clerk appointed by the Deputy Returning Officer. I i ^0j *' NN. Oath of Agent of a Candidate, or of Elector representing a Candidate, under Section 36. I, the undersigned, G. H., Agent for (or Elector representing) J. K., one of the candidates at the election now pending for the Electoral District of , solemnly swear (or, if he he one of the persons permitted by law to affirm in civil cases, solemnly affirm) that I will keep secret the names of the candidates for whom any of the voters at the polling station in the polling district. No. , may have marked his ballot paper in my presence at this election. So help me God. (Signature,) G. H. Sworn (or affirmed) before me at , this day of 18 A. B., Returning Officer. or Justice of the Peace. •y t ^r-^ii^^j, DOMINION ELECTIONS ACT. 46 O. Form of Voters^ List. ) i e I 43 u #' Names of the Voters. i HI U •s ,4 H 1 o 8 •i tH .(-1 0) H 2 o d o u O o -2 q v 1 a* 1 p:5 il or p p. Oath of Messenger sent to collect the Ballot Boxes. 1, A. B., of , messenger appointed by C. D., Returning Officer, for the Electoral District of , in tlie Province of , do solemnly swear that the several boxes, to the number of now delivered by me to the said Returning Officer, have been handed to me by the several Deputy Returning Officers at the present election for the said Electoral District ^(^ by — here insert tlie names of the Deputy lieturninj Officers who have deUivred f -y- 46 DOMINION ELECTIONS ACT. said boxen), that they have not been opened by me, nor any other person, and that they are in the same state as they were when they came into my possession. (Should any change Imve taken place, the deponent shall vary his deposition by fully slating the circumstances). (Signature,) A. B. Sworn (or affirmed) and subscribed before me, at of , in the year 18 (Signature,) this day X. Y., Justice of tlie Peace. or A. B., Returning Officer. or G. H., Deputy Returning Officer. Q. Oath of the Deputi/ Returning Officer after the closing of the Poll. I, the undersigned, Deputy Returning Officer for the polling district, No. , of the Electoral District of , do solemnly swear (or, if he be one of the persons permMted by law to affirm in civil cases, do solemnly affirm) that to the best i)f my knowledge and belief, the voters' list kept for the said polling district, under my direction, hath been so kept correctly ; and that the total number of votes polled in the said list is , and that, to the best of my know- ledge and belief, it contains a true and exact record of tlie votes given at the polling station in the said polling district, as the said votes were taken thereat ; tliat 1 have faithfully counted the votes given for each candidate, in the manner by law provided, and performed all duties reipiired of me by law, and that the report, packets of ballot papers, and other documents required by law to be returned by me to the Returning Officer, have been faithfully and truly prepared and placed within the ballot box, as this oath (or affirmation) will be, to the end that the said ballot box, being first carefully sealed with my seal, may be trans- mitted to the Returning Officer according to law. (Signature, ) G. H. Deputy Returning Officer. Sworn before me at day of , 18 , in the County of (Signature, ) , this X. Y., Justice of the Peace, or A. B., Returning Officer. R. Oath of the Poll Clerk after the closing of the Poll. I, the undersigned, Poll Clerk for the polling district. No. , of the Electoral District of , do solemnly swear (or, if he be one of the persons permitted by law to affirm in civil cases, do solemnly affirm) that the voters' list in and for the said (as the case may be), under the direction of G. H., who has ■•h) ^•^ik DOMINION ELECTIONS ACT. iX acted as Deputy Returning Officer therein, has been so kept by me under his direction as aforesaid, correctly and to the best of my skill and judgment ; that the total number of votes polled in the said list is ; and that, to the best of my knowledge ancl belief, it contains a true and exact record of the votes given at the polling station in the said polling (Siatrict [as the. cme may he), as the said votes were taken at the said poll by the said Deputy lleturning Ofhcer. (Sianature,) I. J., PoU Clerk. Sworn (or afl&rmed) and subscribed before me at day of , in the year 18 (Signature,) , this X. Y., Justice of the Peace. or A. B., Returning Officer. orG. H., Deputy Returning Officer. S. Return after a Foil has been taken. I hereby certify that the member (or members) elected for the Electoral Districl; of , in pursuance of the within written writ, aa having received the majority of votes lawfully given, is (or are) A. B., &c., (names, d:c., aa in tha^ nomination pa2)ers), (Signed,) R. O., Returning Officer. OOPP, OI.AEK A 00., GBNSRAL PEIHTBE8, COLBOENB 8TEBBT, TOBONIO.