of debt or information, in any court of competent jurisdiction in the province in which the cause of action arises. for non-pay 2. In default of payment of the amount which the offender Imprisonis condemned to pay, within the period fixed by the court, the ment offender shall be imprisoned in the common gaol of the county ment. or district for any term less than two years, unless such penalty and costs are sooner paid. 63-64 V., c. 12, s. 131. costs. 285. No action or information for the recovery of any such Security for penalty or forfeiture shall be commenced unless the person suing therefor has given good and sufficient security, to the amount of fifty dollars, to indemnify the defendant for the costs occasioned by his defence, if the person suing is condemned to pay such costs. 63-64 V., c. 12, s. 131. 286. It shall be sufficient for the plaintiff, in any action or Allegations suit under this Act, to allege in his pleading or declaration that in action. the defendant is indebted to him in the sum of money thereby demanded, and to allege the particular offence with respect to which the action or suit is brought, and that the defendant has acted contrary to this Act, without mentioning the writ of election or the return thereof. 63-64 V., c. 12, s. 133. wives. 287. In any such civil action, suit or proceeding, the parties Evidence of thereto, and the husbands or wives of such parties respectively, husbands and shall be competent and compellable to give evidence to the same extent and subject to the same exceptions as in other civil suits in the same province; but such evidence shall not thereafter be used in any indictment or criminal proceeding under this Act against the person giving it. 63-64 V., c. 12, s. 134. 288. No person shall be excused from answering any ques- No privition put to him in any action, suit or other proceeding, in any from answerleged excuse court, or before any judge, commissioner or other tribunal ing questions. touching or concerning any election, or the conduct of any person thereat, or in relation thereto, on the ground of any privilege, except that no elector shall be obliged to state for whom he voted at any election: Provided that no answer given by any person claiming to be excused on the ground of privilege shall be used in any criminal proceeding against such person other than an indictment for perjury, if the judge, commissioner or president of the tribunal gives to the witness a certificate that he claimed the right to be excused on such ground, and made full and true answers to the satisfaction of the judge, commissioner or tribunal. 63-64 V., c. 12, s. 135. election, etc., 289. It shall not be necessary, on the trial of a suit or prose- Production cution under this Act, to produce the writ of election or the of writ of return thereof, or the authority of the returning officer founded not required upon such writ of election, but general evidence of such facts in suits. shall be sufficient evidence. 63-64 V., c. 12, s, 139. If notified, Clerk of Chancery to Criminal court may allow costs to prosecutor. Prior required. 290. If the original ballot papers or other papers are required on any such trial of any suit or prosecution, 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 produce them on the day fixed for the trial; and the said Clerk of the Crown in Chancery shall, on or before the said day, deposit them with such clerk or registrar, taking his receipt therefor. 63-64 V., c. 12, s. 139. 291. Any criminal court before which a prosecution is instituted for an offence against the provisions of this Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of such prosecution. 2. The court shall not make such order unless the prosecutor recognizance before 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 prosecution with effect and to pay the defendant his costs in case he is acquitted. 63-64 V. c. 12, s. 136. Costs in cases of private 292. In case of an indictment or information by a private prosecutor for an offence against the provisions of this Act, if prosecution. judgment is 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 information, which costs shall be taxed by the proper officer of the court in which the judg ment is given. 63-64 V., c. 12, s. 137. In a suit for criminal 293. In an indictment or prosecution for a corrupt practice, and in any action or proceeding for a penalty for a corrupt what allega. practice, it shall be sufficient to allege that the defendant was, corrupt practice, tion sufficient. Evidence. Summary proceedings in case of personation. at the election at or in connection with which the offence is intended to be alleged to have been committed, guilty of a corrupt practice, describing it by the name given to it by this Act, or otherwise, as the case requires. 2. In any criminal or civil proceeding in relation to such offence the certificate of the returning officer shall be sufficient evidence of the due holding of the election and of any person named in such certificate having been a candidate thereat. 63-64 V., c. 12, s. 138. 294. If a person is charged at a polling station with having committed the offence of personation, the deputy returning officer at such polling station may, and, if requested so to do on behalf of a eandidate, shall take the information on oath of the person making the charge; and such information may be made in form II. 63-64 V., c. 12, s. 132. 122 295. 295. If the person against whom it is proposed to lay the Detention of alleged information has not left the polling station, the deputy returning personator. officer may, either on his own motion or at the request of any one proposing forthwith to lay such information, detain or direct the detention of such person until a written information can be drawn up. 63-64 V., c. 12, s. 132. 296. Upon receiving the information, the deputy returning Warrant of officer may, on the polling day, but not afterwards, issue his arrest. warrant, in form JJ, for the arrest of the person charged, in order that he may be brought before the magistrate, or one of the magistrates therein named, to answer to the said information and to be further dealt with according to law. 63-64 V., c. 12, s. 132. 297. Such warrant shall be sufficient authority for any Execution of peace officer, as defined by the Criminal Code, to detain such warrant. person until he is brought before the magistrate. 63-64 V., c. 12, s. 132. sonator is 298. If the correct name of the person charged is unknown If name of to the informant, it shall be sufficient, in the information and alleged perother proceedings, to describe the person charged as a person unknown. whose name is to the informant unknown, but who is detained under the order of the deputy returning officer; or the person charged may be described in such other manner as will suitably identify him; and, when the name of the person so charged is ascertained, it shall be stated in any subsequent warrant or proceeding. 63-64 V., c. 12, s. 132. 299. Every poll clerk shall have the authority of a constable Constables. for the purpose of carrying out the provisions of this Act respecting summary proceedings in cases of personation; and every deputy returning officer may appoint such special constables as he deems necessary for the like purpose who shall have full power to act without taking any oath. 63-64 V., c. 12, s. 132. be tried. 300. The magistrate named in any such warrant shall be Before what one having jurisdiction under Part XVI. of the Criminal Code, magistrate to and shall be the nearest such magistrate available in the county or judicial district. 63-64 V., c. 12, s. 132. 301. The provisions of the said Part XVI. of the Criminal Criminal Code shall apply to all proceedings under this Act against any person or persons accused of personation under the seven sections last preceding. 63-64 V., c. 12, s. 132. Code to apply. 302. Whenever it appears to the court or judge trying an Summons by election petition that any person has violated any of the provi- court to per son liable to sions of this Act, for which violation such person is liable to a penalty. fine or penalty other than the fines or penalties imposed for any offence amounting to an indictable offence, such court or judge may order that such person may be summoned to appear before such court or judge, at the place, day and hour fixed in such summons for hearing the charge. 63-64 V., c. 12, s. 140. Disobeying summons. Trial. Appropria tion of fines. Quarter sessions court incompetent. time for and suits. 303. If, on the day so fixed by the summons, the person summoned does not appear, he shall be condemned, on the evidence already adduced on the trial of the election petition, to pay such fine or penalty as he is liable to pay for such violation, and in default of paying such fine or penalty, to the imprisonment prescribed in such case by this Act. 63-64 V., c. 12, s. 140. 304. If, on the day so fixed, the person summoned does appear, the court or judge, after hearing such person and such evidence as is adduced, shall give such judgment as to law and justice appertains. 63-64 V., c. 12, s. 140. 305. All fines and penalties recovered under the three next preceding sections shall belong to His Majesty for the public uses of Canada, but no fine or penalty shall be imposed thereunder if it appears to the court or judge that the person has already been sued to judgment or acquitted with respect to the same offence, nor shall any such fine or penalty be imposed for any offence proved only by the evidence or admission of the person committing it. 63-64 V., c. 12, s. 140. 306. Notwithstanding anything in the Criminal Code, no indictment for corrupt practices shall be tried before any court of quarter sessions or general sessions of the peace. 63-64 V., c. 12, s. 141. Limitation of 307. Notwithstanding anything in the Criminal Code, every prosecutions prosecution for an indictable offence under this Act, and every action, suit or proceeding for any pecuniary penalty given by this Act to the person suing therefor shall, when commenced, be proceeded with and carried on without wilful delay, and shall be commenced within the space of one year next after the act committed, and not afterwards, unless the prosecution is prevented by the withdrawal or absconding of the defendant out of the jurisdiction of the court, in which case such prosecution may be commenced within one year after his return. 63-64 V., c. 12, s. 142. Schedule 2. FEES AND EXPENSES. 308. The fees and expenses in schedule two to this Act mentioned, and no others, shall be allowed to the several 124 officers officers therein mentioned respectively for their services and disbursements at any election. 63-64 V., c. 12, s. 147. 309. If it appears to the Governor in Council that the Governor in Council may provisions made in the next preceding section are inadequate revise and or insufficient for the purposes of a fair and just but economical amend. remuneration for the services performed, the Governor in Council may make a tariff of fees, costs and expenses to be paid and allowed to returning officers and other persons employed at or with respect to elections under this Act, and may, from time to time, revise and amend such tariff. to be sub 2. Such tariff, when so revised and amended, shall then Such tariff be substituted for the tariff in the said schedule as respects stituted. any election held after the making or revising or amending thereof. House of 3. A copy of any such tariff and of any amendment thereof Copy to shall be laid before the House of Commons within the first Commons. fifteen days of the next ensuing session of Parliament. 63-64 V., c. 12, s. 147. fees. 310. Such fees, allowances and disbursements shall be paid Payment of to the returning officer by warrant of the Governor General, and shall be distributed by such returning officer to the several officers and persons entitled thereto under the provisions of this Act, which distribution he shall report to the Governor General through the Secretary of State. 2. The returning officer shall certify the correctness of the Certificate of accounts of his deputy returning officers. 63-64 V., c. 12, s. returning 148. officer. 311. Whenever it appears to the Governor in Council that Fees, etc., the fees and allowances provided for by the tariff are not suffi- may be increased by cient remuneration for the services required to be performed at Governor any election, the Governor in Council may authorize the payment of such additional sum for such services as is considered just and reasonable. 63-64 V., c. 12, s. 149. GENERAL. in Council. notices. 312. When a returning officer or a deputy returning officer Mode of is by this Act required or authorized to give a public notice, giving and no special mode of giving it is mentioned, he may give it by advertisement, placards, handbills or such other means as he thinks best calculated to give the information to the electors. 63-64 V., c. 12, s. 150. graph, in 313. Whenever it appears to the satisfaction of the Gover- Informanor in Council, at the time when an election of a member to tion by telerepresent either of the electoral districts of Gaspé or of Chicou- certain timi and Saguenay in the House of Commons is about to be places in held, that communication by water between the Magdalen 125 Quebec. Islands |