Voting subdivision. To vote. Electoral district. Election officer. Personal expenses. Forms. Use of forms Delay Oath. 7. The term "voting subdivision" means, for voting purposes, every municipality whereof the number of electors entered on the list in force does not exceed two hundred; 8. The words "to vote" mean to vote at the election of a member of the Legislative Assembly of this Province; 9. The expression "electoral district" means any county or other place or portion of this Province, entitled to return a member to the Legislative Assembly; 10. The term "election officer" means the returning officer, the election clerk, and all deputy returning officers and poll clerks, appointed for an election; 11. The term "personal expenses" employed in relation to the expenditure of a candidate, respecting any election in which he is candidate, comprises all the reasonable travelling expenses of such candidate, and his reasonable expenses at hotels and other places to which he may repair, for the purpose of and in regard to such election. 38 V., c. 7, s. 2; 39 V., c. 13, ss. 1 and 8. 168. Any form indicated by a capital letter, in the various provisions of this act, refers to the corresponding form contained in the schedule annexed to this act. 38 V., c. 7, s. 3. 169. Any of the forms contained in the said schedule is sufficient in the case for which it is intended. Any other form, having the same meaning, may be employed with equal effect. 38 V., c. 7, s. 3. 170. If the time fixed by this act for the accomplishment of any proceeding or formality, prescribed by the provisions thereof, expires or falls upon a Sunday or legal holiday, the time so fixed shall be continued to the next day not being a Sunday or holiday. 38 V., c. 7, s. 5. 171. Every person before whom any oath must be taken or affirmation made, under the terms of this act, is empowered, and shall be bound whenever the same is required of him, to administer such oath or affirmation, and to give a certificate thereof, without fee. 38 V., c. 7, s. 6. SECTION II. Entry on the list. ELECTORS. § 1.-Qualifications of an Elector. 172. No person shall be entitled to vote at the election of a member of the Legislative Assembly of this Province, unless, at the time of voting, he is entered as owner, tenant or occupant, upon the list of electors in force. 38 V., c. 7, s. 7. 173. No person shall be entered upon the list of electors Qualification unless he fulfill the following conditions: 1. He must be of the male sex, of full age, and a subject of Her Majesty by birth or naturalization; 2. He must not be otherwise legally incapacitated; 3. He must be actually and, in good faith, owner or occupant of real estate, estimated, according to the valuation roll in force, at a sum of at least three hundred dollars in real value, in any city municipality entitled to return one or more members to the Legislative Assembly, and two hundred dollars in real value, or twenty dollars in annual value, in any other municipality; or be a tenant in good faith, paying an annual rent for real estate, of at least thirty dollars in any city municipality entitled to return one or more members to the Legislative Assembly, and of at least twenty dollars in any other municipality; provided that such real estate be estimated according to such valuation roll, in real value at three hundred dollars at least in any city municipality entitled to return one or more members to the Legislative Assembly, and two hundred dollars in any other municipality. 38 V., c. 7, s. 8. of electors. and co-occu pants. 174. Whenever two or more persons are co-owners, co- Co-owners; tenants, or co-occupants of any real estate valued at an co-tenants amount sufficient for the share of each to confer upon him the electoral suffrage, each of such persons is deemed to be an elector in conformity with this act and shall be entered upon the list of electors. He whose share does not amount to the value required for the electoral suffrage shall not be so entered, nor be an elector. The share of each co-tenant depends upon the amount of rent which each pays. 38 V., c. 7, s. 9. 175. If the real estate be owned or occupied by a corpora- Corporation. tion, no one of the members of the corporation shall be an elector, nor entered upon the list of electors by reason of such real estate. 38 V., c. 7, s. 10. § 2. Persons who cannot be Electors. 176. The following persons can, in no case, be electors or Persons dis vote: qualified from 1. The judges of the Court of Queen's Bench and of the voting. Superior Court, the judge of the Vice-Admiralty Court, the judges of the sessions, district magistrates, recorders; 2. Officers of the customs, clerks of the Crown, clerks of the peace, registrars, sheriffs, deputy-sheriffs, deputy-clerks of the Crown, and the officers and men of the provincial or municipal police force; Penalty. Electoral lists to be made in duplicate, in March. Electoral and Bonaven 3. Agents for the sale of Crown lands, postmasters in cities and towns, and all officers employed in the collection of any duties payable to Her Majesty in the nature of duties of excise, including collectors as well of federal as of local revenue. If any of the persons set forth in this article vote, save in the case of article 356, he shall incur a penalty of not more than five hundred or less than one hundred dollars, or imimprisonment not exceeding twelve months in default of payment, and his vote shall be null and of no effect. 38 V., c. 7, s. 11. § 3. Preparation of the List of Electors. 177. The secretary-treasurer of each municipality shall, between the first and fifteenth days of the month of March in each year, make, in duplicate, a list in alphabetical order of all persons, who, according to the valuation roll then in force in the municipality for local purposes, appear to be electors, by reason of the real estate possessed or occupied by them, within the municipality, in any manner, as specified in article 173. In the counties of Gaspé and Bonaventure, however, the seclists in Gaspe retary-treasurer of each municipality shall every year, between ture to be the first and fifteenth of the month of July, make the list of made in July. electors in duplicate. 38 V., c. 7, s. 12; 48 V., c. 2, s. 1. Distinction to be made. Omissions. Case of two lists. Division of the list. 178. The secretary-treasurer, in drawing up the list of electors, shall distinguish the persons who appear to be qualified as owners from those who appear to be qualified as tenants or occupants, and shall specify the real estate through which such persons are electors. 38 V., c. 7, s. 13. 179. The secretary-treasurer shall omit from the list of electors every person who, under articles 176, 426 and 429, or any other legal provision whatsoever, is not entitled to vote. 38 V., c. 7, s. 14; 39 V., c, 13, s. 2. 180. If any municipality be situated partly in one electoral district and partly in another, the secretary-treasurer shall prepare, in the same manner for each of such electoral districts, an alphabetical list of the persons who are electors therein. 38 V., c. 7, s. 15. 181. If any municipality be divided into voting subdivisions under articles 223, 224 or 225, the secretary-treasurer shall divide the list into as many parts as there are voting subdivisions in the municipality. Each such part, the title whereof shall be the name, number, or description of the voting subdivision to which it relates, shall contain only the alphabetical list of the electors of such voting subdivision. 38 V., c. 7, s. 16. tor entered only once. 182. If a person be an elector in one and the same munici- Name of elec pality by reason of more than one parcel of real estate or more than one title, his name shall, nevertheless, be entered but once on the list of electors of the municipality. divisions. If the list be drawn up by subdivisions, and one person ap- If list drawn pears to be an elector in more than one subdivision, his name up by subshall be inserted in one subdivision only; and, if such person be an elector in the subdivision of his domicile, his name shall be entered on the list for such subdivision. 38 V., c. 7, s. 17. elector in 183. In the case of article 180, if a person be an elector in Case of a permore than one electoral district, his name shall be entered in son being the list of each electoral district, but in only one voting sub- several elecdivision in each district in which he is an elector, according to toral districts the rules laid down in the preceding article. 38 V., c. 7, s. 18 184. The secretary-treasurer shall certify the correctness of Attestation the list of electors by him made by the following oath, taken of the list. before a justice of the peace: "I (name of the secretary-treasurer) swear that, to the best Oath. of my knowledge and belief, the foregoing list of electors is correct, and that nothing has been inserted therein or omitted therefrom, unduly or by fraud: So help me God." Each duplicate list must be attested separately under the Attestation foregoing oath. 38 V., c. 7, s. 19. of the dupli cate. 185. One of the duplicates of the list so attested shall be Deposit of kept in the office of the secretary-treasurer at the disposal and the list. for the information of all persons interested. 38 V., c. 7, s. 20. 186. The secretary-treasurer, on the day upon which he Notice shall take the oath required by article 184, shall give and of deposit. publish public notice, setting forth that the list of electors has been prepared according to law, and that a duplicate thereof has been lodged in his office, at the disposal and for the information of all persons interested. Such notice shall be given and published in the same How given. manner as notices for municipal purposes, in the municipality in which the list has been prepared. 38 V., c. 7, s. 21. 187. The list of electors may be drawn up in accordance Form of list. with form A. 38 V., c. 7, s. 22. 188. If the secretary-treasurer has not made the alpha- Clerk ad hoc. betical list of electors, or has not given or published the notice required by article 186, during the first fifteen days of the month of March, then the judge of the Superior Court for the district, or, in the event of the absence of the district judge, or of his inability to act, the district magistrate, on summary petition of the mayor, the registrar or other person Responsi secretary treasurer. entitled to be entered as an elector in the municipality, shall appoint a clerk ad hoc to prepare the alphabetical list of electors. 38 V., c. 7, s. 23. 189. The secretary-treasurer shall be personally liable for bility of the the costs incurred on such petition, and for those incurred in drawing up the list by the clerk ad hoc, unless the judge or the district magistrate, for special reasons, deems it advisable to order otherwise, and, in such case, the costs shall be left to their discretion. Duties of the The secretary-treasurer may, however, draw up and prepare the list, so long as the clerk ad hoc shall not have been appointed. 38 V., c. 7, s. 24. 190. Within fifteen days after notice of his appointment, clerk ad hoc. the clerk ad hoc shall proceed to the preparation of the list of electors. He shall, for such purpose, become an officer of the municipal council, and shall have the same powers to exercise, and the same duties to discharge, as the secretary-treasurer of the municipality, and shall do so under the the same penalties in case of default or neglect on his part. 38 V., c. 7, s, 25. Duties of the mayor, &c. Examination. 191. In so far as the same is incumbent upon them, the mayor and the officers of the council shall be bound to deliver to the clerk ad hoc, on his demand, the valuation roll, which is to avail as the basis of the list of electors, under a penalty not exceeding two hundred dollars, or, in default of payment, of imprisonment not to exceed six months. 39 V. c. 13, s. 3. § 4. Examination and putting into force of the List. 192. Upon complaint in writing to such effect, under either of the two following articles, and, not otherwise, the list of electors may be examined and corrected by the council of the municipality within the thirty days next after the publication of the notice, given in virtue of article 186. 39 V., c. 13, s. 4. Complaint for 193. Any person who deems himself aggrieved either by omission, &c., the insertion in or omission of his name from the list may, of complainant's name. either by himself or through his agent, file, in the office of the secretary-treasurer, a complaint in writing to such effect, within the fifteen days next after the publication of the notice given under article 186. 38 V., c. 7, s. 28. Complaint for of name of 194. Any person believing that the name of any person omission, &c., entered on the list should not have been so entered, owing to third person. his not possessing the qualifications required for an elector, or believing that the name of any other person not entered thereon should be so entered, owing to his possessing the qualifications required, may file, in the office of the secretarytreasurer, a complaint in writing to such effect within a like delay of fifteen days. 39 V., c. 13, s, 5. |