If it appear 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 affect the result of the election. 38 V., c. 7, s. 222.

§ 17-Provisions applicable to the various Election Officers.

382. The following persons shall not be appointed return- Who shall not ing officers, election clerks, deputy returning officers, or poll be election clerks :

1. Members of Her Majesty's Privy Council, of the Senate, or Commons of Canada;

2. Members of the Executive Council, the Legislative Council or the Legislative Assembly of this Province, or of any other Province of the Dominion;

3. Ministers, priests or ecclesiastics of any religion or religious denomination whatsoever;

4. Judges of the Court of Queen's Bench, of the Superior Court, of the Court of Vice-Admiralty, or of the general sessions of the peace, recorders, or district or police magistrates;

5. Any person who has served as a member of the Legislative Assembly or Legislative Council, in the session immediately preceding the election, or in the session then being held, if the election take place during a session of the Legislature;

6. Sheriffs, registrars, or other persons who have been found guilty by the Legislative Assembly, or by any court for the trial of controverted elections, or other competent tribunal, of any offence or dereliction of duty under this act. 38 V., c. 7, s. 223.

officers.

383. No person, who has been nominated as a candidate at Candidate an election, shall be afterwards appointed an election officer cannot be for such election. 38 V., c. 7, s. 224.

one.

384. No person who is, by the two preceding articles, de- Penalty. clared to be ineligible to act as returning officer, election clerk, deputy returning officer, or poll clerk, shall, in any case, act in any such capacity, under a penalty of one hundred dollars, or imprisonment for three months in default of payment. 38 V., c. 7, s. 225.

385. None of the following persons, unless they be sheriffs Exemptions. or registrars, shall be obliged to act in the capacity of return

ing officer, election clerk, deputy returning officer or poll clerk:

1. The professors of any university, college, seminary, lyceum or academy;

Oath admin

2. Physicians, surgeons or dentists;

3. Millers;

4. Postmasters, custom house officers or employees in the post offices or custom houses;

5. Persons aged sixty years or over ;

6. Persons who have already served as returning officers, in the preceding election. 38 V., c. 7, s. 226; 46 V., c. 34, s. 23.

386. No persons shall be obliged to act as deputy returning officer or poll clerk in any municipality in which he is not domiciled. 38 V., c. 7, s. 227.

387. Any person, even the sheriff or registrar, who intends to come forward as a candidate at an election, shall be exempt from acting as returning officer, election clerk, deputy returning officer or poll clerk, at such election. 38 V., c. 7, s. 228.

388. Whoever is entitled to claim the exemption granted by either of articles 385, 386 and 387 shall claim such exemption within the two days after receipt of the writ of election or commission, as the case may be, by a letter setting forth the reasons for his claim, addressed to the officer who has given the commission, or transmitted the writ of election.

In default of so doing, he shall be debarred from claiming such exemption, and be subject to the penalties prescribed for his refusal to accept. 38 V., c. 7, s. 229; 39 V., c. 13, s. 18.

389. Any person, being competent to discharge the office of returning officer, election clerk, deputy returning officer or poll clerk, shall, unless he be exempt and have claimed exemption within the prescribed delays, be obliged to accept such office, under a penalty of two hundred dollars, or of imprisonment for six months in default of payment. 38 V., c. 7, s. 230.

390. Any returning officer, election clerk, deputy returning officer or poll clerk, who refuses or neglects to perform any of the obligations or formalities required of him by this act, shall for each such refusal or neglect be liable to a penalty of two hundred dollars, or imprisonment for six months in default of payment, except in the cases otherwise provided for. 38 V., c. 7, s. 231.

391. The returning officer, at any election, shall have the istered by the power of administering all oaths or affirmations required by cer or the de- this act, with respect to such election.

returning offi

puty returning officer.

Every deputy returning officer shall also have the power of administering such oaths and affirmations, except only such as may be required to be administered to the returning officer. 38 V., c. 7, s. 232.

392. When the returning officer or the deputy returning Manner of officer is by this act required or authorized to give any public giving notice. notice, and no special mode of giving the same is mentioned, he may give the same by advertisement, placards, handbills, eirculars or such other means as he may think best calculated to give information to the electors. 38 V., c. 7, s. 233.

393. No returning officer, or deputy returning officer, or Who cannot partner or clerk of either shall act as agent of any candidate be agent. in the organization or management of his election for such electoral district, under a penalty of two hundred dollars, or imprisonment for six months in default of payment. 38 V., c. 7, s. 234.

cer neglect

didate

394. Every returning officer who wilfully delays, neglects Penalty on or refuses to declare elected any person entitled to be declared returning offielected a member of the Legislative Assembly for any elect- ing, &c., to oral district, is subject to a penalty of one thousand dollars; declare canthe recourse at law against such returning officer for all elected. damages sustained by such person by reason thereof being reserved to such person, in case it has been determined on the hearing of an election petition, respecting the election for such electoral district, that such person was entitled to have been returned.

The action, however, for the recovery of such damages and Prescription fine must be commenced within one year after the commission of suit. of the act on which it is grounded, or within six months after the conclusion of the proceedings relating to the contestation of the election; in default whereof such action shall be barred. 38 V., c. 7, s. 235; 40 V., c. 27, s. 1.

§ 18.-Maintenance of Peace and Good Order.

395. Every returning officer and every deputy returning Returning of officer, from the time they shall respectively have taken the icer and deputy returnoath of office until the day after the closing of the voting, shall ing officer be conservators of the peace, invested with all the powers ap- of the peace. pertaining to a justice of the peace. 38 V., c. 7, s. 236.

conservators

aid and swear

396. The returning officer, or deputy returning officer, may May require require the assistance of justices of the peace, constables or in constables. other persons present, to aid him in maintaining peace and good order at such election; he may also, on a requisition made in writing by any candidate, or by his agent, or by any two electors, swear in such special constables as he deems necessary. 38 V., c. 7, s. 237.

397. The returning officer or deputy returning officer may Arrest of arrest, or cause to be arrested, by verbal order, and placed in offenders. the custody of any constables or other persons any person disturbing the peace and good order at the election, or may

Carrying arms forbidden.

Fine.

Idem.

Idem.

Exception.

Furnishing flags, &c., forbidden.

Carrying them, forbidden.

cause such persons to be imprisoned, under an order signed by him, until any period not later than the close of the voting. 38 V., c. 7, s. 238; 40 V., c. 27, s. 1.

398. The returning officer, or deputy returning officer, may during the nomination day and polling day, require any person, within half a mile of the place of nomination or of the poll, to deliver to him any weapon, fire-arm, sword, staff, bludgeon or other offensive weapon in the hands or personal possession of such person.

And every person refusing to deliver such weapons shall be liable to a penalty of one hundred dollars, or imprisonment for three months in default of payment. 38 V., c. 7, s. 239.

399. No person, who is not domiciled within the limits of a voting subdivision or ward of a city, shall be permitted to enter such voting subdivision or ward during the voting in such subdivision or ward, with any kind of offensive weapons whatsoever, such as fire-arms, swords, staves, bludgeons or other similar weapons. 38 V., c. 7, s. 240.

400. All persons are alike forbidden, within the voting subdivision or ward, to arm themselves during the day of voting with any offensive weapon, and thus armed approach within a distance of one mile of the place where a poll is being held, unless called upon to do so by lawful authority. 38 V., c. 7, s. 241.

401. The prohibitions mentioned in the two preceding articles shall not apply to the returning officer, or to the election clerk, or to the deputy returning officer or poll clerk, or to the constables or special constables at any election. V., c. 7, s. 242.

38

402. No candidate or other person shall furnish or give to any person whomsoever any flag, standard, banner, distinctive color, ribbon, signal, cockade, or any thing of such nature, to the end that the same may be carried or used within the electoral district, between the eighth day before the nomination day and the day following the close of the voting, as a banner or party signal, distinguishing the bearer or his followers as partisans of such candidate, or holding the same opinions or the opinions supposed to be held by such candidate. 38 V., c. 7, s. 243.

403. No person, upon any pretence whatever, shall carry any flag, standard, ensign, banner, distinctive colors, ribbon, signal, cockade, or any other similar thing, nor shall the same be used as a banner or party sign within the limits of such electoral district, from the day of nomination until the day after the close of the voting. 38 V., c. 7, s. 244.

404. No candidate shall, at any election, nor shall any Treating for other person, at the expense of such candidate, either provide bidden." or furnish drink, or other refreshments, to any elector, during

such election, or pay for, procure or engage to pay for, any

such drink or other refreshments. 38 V., c. 7, s. 245.

405. Every person offending against any of the provisions Penalty. of the six preceding articles shall incur a fine not exceeding two hundred dollars, or imprisonment not exceeding six months in default of payment. 38 V., c. 7, s. 246.

closed.

406. Every hotel, tavern, shop or store, whether licensed or Hotels to be not, in which spirituous or fermented liquors or drinks are ordinarily sold, shall be closed during the day of voting in the voting subdivisions or wards of a city in which the polls are situated, under a penalty of two hundred dollars, or imprisonment for six months in default of payment.

bidden.

No spirituous or fermented liquors or drinks shall be sold Sale of or given to any person whomsoever, within the limits of a liquors forvoting subdivision or ward of a city, during the said period, under a penalty of two hundred dollars, or imprisonment for six months in default of payment. 38 V., c. 7, s. 247.

SECTION IV.

CORRUPT PRACTICES, ELECTION

EXPENSES, PENALTIES, PROSECUTIONS,

FEES AND EXPENSES.

§ 1.-Corrupt Practices.

407. Any act or offence punishable under any of the pro- Corrupt pracvisions of articles 408, 410, 411, 412, 413, 414, 415,416, 417, tices defined. 418, 419, 420, and 421, and also the payment of money or other valuable consideration, made to any person, to engage him to work, or for having worked as a canvasser, shall be a corrupt practice within the meaning of this chapter and of the following chapter respecting controverted elections. 38 V., c. 7, s. 248; 39 V., c. 13, s. 19.

sideration,

refrain from voting;

408. Every person, who directly or indirectly, by himself or Gift, loan, by any other person on his behalf, gives, lends or agrees to give valuable conor lend, or offers or promises any money or valuable consider- &c., to induce ation, or promises to procure, or endeavors to procure any to vote, or money or valuable consideration to or for any elector, or to or for any person on behalf of any elector, or to or for any person, in order to induce any elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector having voted or refrained from voting at any election,

2. Every person who directly or indirectly, by himself or Gift or proby any other person on his behalf, gives or procures, or

mise of office,