debt or information, in any of Her Majesty's Courts in the Province in which the cause of action arose, having competent jurisdiction; and in default of payment of the amount which the offender is condemned to pay, within the period fixed by the Court, the offender shall be imprisoned in the common gaol of the place, for any term less than two years, unless such fine and costs be sooner paid (8). 37 Vic. c. 9, s. 109.

prosecutions

Every prosecution for misdemeanor under the Domin- Limitation of ion Elections Act 1874, and every action, suit or proceed- and actions. ing for any pecuniary penalty given by the Act to the person suing for the same, shall be commenced within one year after the act committed, and 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 wilful delay. 37 Vic. c. 9, s. 110.

or Judge trying to impose cer

Whenever it shall appear to the Court or judge trying Power of Court an election petition, that any officer, elector, or other election petition person, has contravened any of the provisions of the tain penalties. Dominion Elections Act, 1874-for which contravention he might be liable to a fine or penalty (other than fines and penalties imposed for any offences amounting to a misdemeanor or felony), such Court or judge may order that such officer, elector or other person, be summoned to appear before such Court or judge, at the place, day and hour fixed in such summons for hearing the charge. In default of appearance he shall be condemned on the evidence already adduced on the trial to pay such fine or penalty, and in default of payment to the imprisonment imposed in the particular case. If he do appear the Court or judge, after hearing such party and such

(8) See Doyle v. Bell, 32 U. C. C. P. 632. The person suing must give security for costs to the extent of $50 before commencing proceedings, 46 Vic. c. 4. See also Raymond v. Valin, 6 Q. L. R. 146, Q. B. 1880. Robillard v. Lecavalier, 7 R. L., 662,

S. C. 1877, Tarte v. Cimon, 3, L. N. 195, Q. B., 1880.

tions forbidden.

evidence as may be adduced, shall give judgment-all fines under the section quoted shall belong to Her Double prosecu- Majesty; and no fine shall be imposed thereunder if it shall appear to the judge or Court that the party has already been sued for the same offence, nor shall any such fine be imposed for any offence proved only by the evidence or admission of the party committing it. 37 Vic. c. 9, s. 117.

Perjury.

Removal of disqualification procured by perjury.

Every person taking any oath or affirmation under the Dominion Elections Act 1874, who wilfully swears or affirms falsely, shall be deemed guilty of perjury.

If at any time after any person has become disqualified for corrupt practices, the witnesses or any of them, on whose testimony such person shall have so become disqualified, are, upon the prosecution of such person, convicted of perjury in respect of such testimony, it shall be lawful for such person to move the Court before which such conviction shall take place, to order, and such Court shall, upon being satisfied that such disqualification was procured by reason of such perjury, order that such disqualification shall thenceforth cease and determine; and the same shall cease and determine accordingly. 37 Vic. c. 9, s. 108.

CHAPTER IV.

PENALTIES UNDER ONTARIO PROVINCIAL LAWS.

Penalties on Candidate.*

Penalties on

corrupt practices committed

WHEN it is found by the report of the judges upon an election petition that any corrupt practice (a) has been candidate for committed, by or with the actual knowledge or consent by him o with (b) of any candidate (c) at an election,

his consent.

With regard to the avoidance of a prior election for the same district, a subsequent election is to be deemed a new election, except as to the personal acts of the candidates and the acts of agents done with the knowledge and consent of the candidates; Rev. Stats. c. 10, s. 166. See Cornwall (2), 1 H. E. C. 647.

(a) As to what are corrupt practices, see previous chapter on that subject.

(b) The words used in s. 102 of the Dom. Election Act are knowledge and consent. See Penalties under Dominion laws, ante; also Relieving sections in Ontario Acts," ante.

(c) By sec. 43 of The Election Law Amendment Act 1884, the expression "candidate" means, unless the context otherwise requires, "any person elected at such election to serve in the Legislative Assembly, and any person who is nominated as a candidate at such election, or is declared by himself or by others to be a candidate, on or after the day of the issue of the writ for such election, or after the dissolution or vacancy in consequence of which such writ has been issued; provided that where a person has been nominated as a candidate, or declared to be a candidate by others, then, (a) If he was so nominated or declared without his consent, nothing in this Act shall be construed to impose any liability on such person, unless he has afterwards given his assent to such nomination or declaration or has been elected ; and (b) If he was so nominated or declared, either without his consent or in his absence and he takes no part in the election, he may, if he thinks fit, make the declaration respecting election expenses contained in the second schedule to this Act. [Note-,

Employment of disqualified per

son as canvasser or agent.

His election shall be void-Rev. Stats. Ont. c. 10, s. 158.

He shall be incapable of being elected to and of sitting in the Legislative Assembly during the eight (d) years next after the date of his being so found guilty.

He shall be incapable of being entered in any voters' list and of voting at any election, during the same eight years.

He shall be incapable of holding any office at the nomination of the Crown or of the Lieutenant Governor, in Ontario, or any municipal office, during the same eight years (e). Rev. Stats. Ont. cap. 10, s. 161.

If on the trial of any election petition, any candidate is proved to have personally engaged at the election to which such petition relates, as a canvasser or agent (ƒ) in relation to the election, any person, knowing that such person has, within eight years previous to such ergagement, been found guilty of any corrupt practice by any competent legal tribunal, or by the report of the Judges upon an election petition,

The second schedule referred to contains no such declaration], and the election agent shall, so far as circumstances admit comply with the provisions of this Act, with respect to expenses [Note-No such provisions appear in the Act quoted] incurred on account of or in respect of the conduct or management of the election in like manner as if the candidate had been nominated or declared with his consent."

(d) The term under the Dominion Law is seven years; see Penalties under Dominion Laws, ante.

(e) The disqualification does not attach without the concurrent judgment of the two trial judges. See ante p. 290, and 48 Vic. (Ont.) c. 2, s. 18; nor where either of such judges find that the corrupt practice was committed "without any corrupt intent and in ignorance which was involuntary and excusable, etc."

(ƒ) See Penalties under Dom. Laws, note (e).

The election of such candidate shall be void.

Rev. Stats. c. 10 s. 165.

tice committed

by agent with or without his consent.

Where it is found upon the report of a judge upon an Corrupt prac election petition that any corrupt practice has been com- by candidate or mitted by any candidate at an election or by his agent, whether with or without the actual knowledge and (g) consent of such candidate, the election of such candidate, if he has been elected, shall except in the cases. mentioned in section one hundred and fifty nine (h)-be void. Rev. Stats. c. 10, s. 158.

sons in regard

rupt practices

struck off.

In case a candidate or the agent of a candidate is votes of perproved to have committed any corrupt practice with to whom correspect to a voter, there shall on a scrutiny (i) be struck are proved, off from the number of votes given for such candidate one vote for every person in regard to whom such corrupt practice is proved to have been committed, and without. any examination of the ballot paper or other evidence to ascertain how such voter in fact voted. 47 Vic. (Ont.)

c. 4, s. 5.

The candidate is also subject to the pecuniary penalties hereinafter referred to, to the same extent as other persons.

Penalties on persons other than candidate.

tices.

Any person other than a candidate, found guilty of Corrupt pracany corrupt practice in any proceeding in which, after notice of the charge, he has had an opportunity of being heard (j);

(g) See note b, ante.

"Reliev

(h) Sec. 159, provides for the election not being avoided where the corrupt acts are trifling" in nature or extent, and the result was not affected. See ante ing Sections in Ontario Acts."

(i) A scrutiny is entered upon only when the seat is claimed for the unsuccessful candidate.

(j) Sec. 175 of the Ont. Elections Act, as amended by 47 Vic. (Ont.) c. 4, s. 31, provides for the procedure in cases where the guilty persons are not parties to the petition.