ing the several provincial polling divisions situate either wholly cer with or partially within the territory comprised in any electoral dis- documents. trict for which an election is to be held, or who is the legal custodian of any provincial voters' list, who omits or refuses to furnish to the returning officer, within a reasonable time after demand made therefor, a copy of any such by-law, order, proclamation or other document or proceeding, or any such provincial voters' list or copy thereof, or extract therefrom, is guilty of an indictable offence, and shall incur a penalty not exceeding two Penalty. thousand dollars, and not less than two hundred dollars. 63-64 V., c. 12, s. 22. cers acting 252. Every returning officer or deputy returning officer of Election offian electoral district, and every partner or clerk of either of as agents. them, who acts as agent for any candidate in the management or conduct of his election for such electoral district, is guilty Penalty. of an indictable offence. 63-64 V., c. 12, s. 57. 253. If any deputy returning officer or other person presid- Improper ing at a polling station, in administering to any person possessed oath of varying of of the qualifications generally required by the provincial law to qualification. entitle him to vote at provincial elections the oath in form X, mentions as a disqualification under the provincial law any fact or circumstance which is not a disqualification within the meaning of that form and the corresponding provisions of this Act, he shall be liable to a penalty not exceeding fifty dollars and not Penalty. less than ten dollars. 1 E. VII., c. 16, s. 6. fusing a P. E. I. 254. In Prince Edward Island, if the deputy returning offi- Illegally recer refuses a ballot and the right to vote to any person who is ballot to an entitled to vote and is willing to take the oaths prescribed by elector in this Act and the provincial law, and has otherwise complied with the requirements of the law, or gives a ballot to and allows to vote any person who refuses to take such oaths or to otherwise comply with the requirements of the law, he shall, for such offence, be liable, to any person who sues therefor, to a penalty Penalty. of two hundred dollars. 63-64 V., c. 12, s. 67. 255. Every one who, destruction (a) forges, counterfeits, fraudulently alters, defaces, or Forgery or fraudulently destroys a ballot paper or the initials of the of ballots. deputy returning officer signed thereon; or, (b) without authority supplies a ballot paper to any person; or, Illegal supply of a ballot. (c) fraudulently puts into a ballot box a paper other than Fraudulently the ballot paper which he is authorized by law to put in; ballot in box. or, putting (d) fraudulently takes a ballot paper out of the polling Taking ballot station; or, 111 out of polling station. (e) Destroying or opening ballot box or packet of ballots. Counterfeit ing of stamp. Illegally initialling bogus ballots. Printing ballots. Printing more ballots than required. Attempt. Penalty. Not obeying summons of returning officer. Penalty. Delay, neglect or refusal of returning officer to re candidate. (e) without due authority destroys, takes, opens or other- (h) with fraudulent intent, prints any ballot paper or what (i) being authorized by the returning officer to print the ballot papers for an election, with fraudulent intent, prints more ballot papers than he is authorized to print; or, (j) attempts to commit any offence specified in this section; is guilty of an indictable offence and shall be liable, if he is a returning officer, deputy returning officer or other officer engaged in the election, to a fine not exceeding one thousand dollars and not less than three hundred dollars, or to imprisonment for a term not exceeding five years and not less than one year, with or without hard labour, in default of paying such fine, and, if he is any other person, to a fine not less than one hundred dollars and not exceeding five hundred dollars, or to imprisonment for any term not exceeding two years and not less than six months, with or without hard labour, in default of paying fine. 63-64 V., c. 12, s. 79. 256. Any person refusing or neglecting to attend on the summons of a returning officer issued under this Act, in any case where ballot boxes are not forthcoming, and it is necessary to ascertain by evidence the total number of votes given to each candidate at the several polling stations, shall be guilty of an indictable offence and liable to a penalty of two hundred dollars, or to imprisonment for a term not exceeding two years, with or without hard labour, or to both. 63-64 V., c. 12, s. 88. 257. 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, turn elected such person may, if 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, sue the returning officer who has so wilfully delayed, neglected or refused duly to make such return of his election, in any court of record in the province in which such electoral district is situate, 112 situate, and recover from him a sum of five hundred dollars, Penalty. together with all damages he has sustained by reason thereof and costs. 2. Notwithstanding anything in the Criminal Code, such Proviso. action shall 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. 63-64 V., c. 12, s. 93. during poll. 258. (a) Every candidate, officer, clerk and agent in attend- Secrecy ance at a polling station, who shall not aid in maintaining, and, so far as he can, maintain the secrecy of the voting at such polling station, or who, before the poll is closed, shall communicate to any person any information as to whether any person on the list of voters has or has not applied for a ballot paper or voted at that polling station; and, (b) Every candidate, officer, clerk, agent or other person Interfering who, shall interfere with or attempt to interfere with a with voter marking voter when marking his ballot paper, or otherwise attempt ballot. to obtain at the polling station information as to the candidate for whom any voter at such polling station is about to vote or has voted; and, ballot. ballot. (c) Any voter capable without assistance of marking his Displaying ballot paper, who shall show his ballot paper, when marked, marked to any person so as to allow the name of the candidate for or against whom he votes to be known; and, (d) Every person who shall directly or indirectly induce or Inducing to endeavour to induce any voter to show his ballot paper display after he has marked it, so as to make known to any person the name of the candidate for or against whom he has so marked his vote; and, (e) Every candidate, officer, clerk, agent or other person Information who shall communicate at any time to any person any information as to the number on the back of the ballot paper given to any voter at a polling station, except to a court or judge lawfully requiring him so to do, or attempt to ascertain at the counting of votes the number on the back of any ballot paper; and, as to number on ballot. vote has (f) Any candidate, officer, clerk, agent or other person who Disclosing shall communicate at any time to any person any informa- for whom a tion obtained at a polling station as to the candidate for been polled. whom any voter at such polling station is about to vote or has voted; and, secrecy of (g) Every candidate, officer, clerk, and agent in attendance Failing to at the counting of the votes who shall not aid in maintain- maintain ing, and, so far as he can, maintain the secrecy of the votes at voting, or who shall attempt to obtain at such counting any counting. ́information or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper; 8 113 is Penalty. Refusing to deliver up weapons. Penalty. Entering polling district on poll day armed. Supplying flags, etc., for carriage. Carrying or using ensigns, etc. Furnishing ribbons, etc. is guilty of an indictable offence, and liable to a penalty not exceeding two hundred dollars, and, in default of payment, to imprisonment for any term not exceeding six months with or without hard labour. 63-64 V., c. 12, s. 96. 259. Every person who, being within half a mile of the place of nomination on nomination day, or of the polling station on the day of election, refuses to deliver to the returning officer or deputy returning officer when required by any such officer so to do, any firearm, sword, stave, bludgeon or other offensive weapon in his hands, or in his personal possession, shall be liable to a penalty not exceeding one hundred dollars, and, in default of payment of such penalty, to imprisonment for a term not exceeding three months. 63-64 V., c. 12, s. 102. 260. (a) Every person, except the returning officer, the deputy returning officer, the poll clerk and the constables and special constables appointed by the returning officer or deputy returning officer for the orderly conduct of the elec tion or poll and the preservation of the public peace thereat, who has not had a stated residence in the polling division for at least six months next before the day of such election, who shall come during any part of the day upon which the poll is to remain open into such polling division armed with offensive weapons of any kind, such as firearms, swords, staves, bludgeons or the like, or, being in such polling division, shall arm himself during any part of the day with any such offensive weapon, and, thus armed, approach within the distance of one mile of the place where the poil of such polling division is held, unless called upon so to do by lawful authority; and, (b) Every person who furnishes or supplies to or for any person any ensign, standard, or set of colours or any other flag with intent that it be carried or used in any electoral district on the day of election or within eight days before such day, or during the continuance of such election or the polling by any person as a party flag to distinguish the bearer thereof or those who follow it as the supporters of any candidate or of the political or other opinions entertained or supposed to be entertained by such candidate; and, (c) Every person who, for any reason, carries or uses any ensign, standard, set of colours or other flag as a party flag, within such electoral district, on the day of such election or polling, or within eight days before such day or during the continuance of such election; and, (d) Every person who furnishes or supplies any ribbon, label or like favour to or for any person with intent that it be worn or used within such electoral district on the day of election or polling, or within eight days before such day, or during the continuance of such election by any person, as 114 a party badge to distinguish the wearer as the supporter of (e) Every person who uses or wears any such ribbon, label, Wearing any or other favour as such badge, within such electoral dis- ribbons, etc. trict on the day of election or polling, or within eight days before such day during the continuance of the election; is guilty of an offence and liable upon indictment, or summarily, to a penalty not exceeding one hundred dollars, or to Penalty. imprisonment for a term not exceeding three months, or to both, in the discretion of the court. 63-64 V., c. 12, s. 106. spirituous 261. Every person who shall sell or give spirituous or fer- Selling mented liquors or strong drinks at any hotel, tavern, shop or liquors on other place within the limits of any polling division, during the polling day. whole of the polling day at an election, shall be liable, on summary conviction, for each offence, to a penalty of one hundred Penalty. dollars, and to imprisonment for a term not exceeding six months in default of payment of such penalty. 63-64 V., c. 12, s. 107. otherwise 262. Every person, including the candidate, who shall Payments make any payment except with respect to the personal expenses than through of the candidate, or any advance, loan or deposit, on behalf of agent. the candidate, at an election, before or during or after the election, on account of such election, otherwise than through the official agent of such candidate, is guilty of an indictable Penalty. offence. 63-64 V., c. 12, s. 143. delivering 263. Any official agent or candidate who makes default in Default of delivering to the returning officer the statements of election agent in expenses incurred by or on behalf of any candidate the delivery statements of which is by this Act required of such agent or candidate, shaii of expenses incur a penalty not exceeding twenty dollars for every day dur- officer. ing which he so makes default. 63-64 V., c. 12, s. 146. to returning Penalty. untrue state 264. Any official agent or candidate who wilfully furnishes Furnishing to the returning officer any untrue statement of any such ex- ments. penses is guilty of an indictable offence. 63-64 V., c. 12, s. 146. Penalty. Corrupt Practices and Other Illegal Acts. 265. Every person who,-. to procure (a) directly or indirectly, by himself or by any other person Giving on his behalf, gives, lends or agrees to give or lend, or offers money, etc., or promises any money or valuable consideration, or votes. promises to procure, or to endeavour to procure any money. or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any person, in order to induce any voter to vote, or refrain from voting, 115 81 or |