of a has this election being held for the electoral district of These are therefore to command you in His Majesty's name forthwith to apprehend the said T. U., and to bring him before to answer unto the said charge, and to be further dealt with according to law. Given under my hand and seal, under the Dominion Elections Act, this day of in the year 19 G. H., 63-64 V., c. 12, form EE. Deputy Returning Officer. SCHEDULE TWO. FEES OF RETURNING OFFICERS AND OTHERS. To Returning Officer, when no Poll is taken. 1. For the personal services of the returning officer, forty dollars; 2. For the personal services of the election clerk, four dollars; 3. For one constable, if considered necessary, one dollar; 4. For printing proclamations, actual cost; 5. For posting proclamations, not less than four in each polling division, for each mile necessarily travelled from place to place, twelve and one-half cents; 6. For each mile necessarily travelled by returning officer and election clerk in going to and returning from the place of nomination, twelve and one-half cents; 7. For use, when a public building is not obtainable, of a private building for nomination, actual outlay, not exceeding four dollars; 8. For necessary disbursements under sections 22-23, the fees to be paid for copies of documents furnished to the returning officer thereunder to be those provided for similar services under the provincial law, and where no provision is made by the provincial law, ten cents per folio of one hundred words, and for the certificate of the custodian, fifty cents. To Returning Officer when Polls are taken. 9. For the personal services of the returning officer, sixty dollars as a minimum allowance, two dollars a poll when there are more than thirty polls in a riding; 151 10. 10. For the personal services of the election clerk, eight dollars; 11. For services of one constable, if considered necessary at the nomination, one dollar; 12. For printing proclamations and lists of candidates, actual cost; 13. For posting proclamations (as in item five), per mile, twelve and one-half cents; 14. For each mile necessarily travelled posting up any advertisement to be so posted up, in appointing and swearing the deputy returning officers, and furnishing them with ballot boxes, ballot papers, envelopes, printed directions for the guidance of voters and lists of voters, twelve and one-half cents; 15. For each mile necessarily travelled for collecting the ballot boxes, and lists of voters used at each poll, and for swearing the deputy returning officers after the close of the poll, twelve and one-half cents; 16. For each mile necessarily travelled by returning officer and election clerk in going to and returning from the place of nomination, twelve and one-half cents; 17. For making up and transmitting returns to the Clerk of the Crown in Chancery, postage and telegrams, actual disbursements; 18. For services necessary under sections 188, 189, 190 a reasonable sum to be determined by the Governor in Council; 19. For use, when a public building is not obtainable, of private buildings for nomination, outlay, not exceeding four dollars; 20. For ballot boxes, when furnished by him, and for ballot papers and envelopes, and for any other disbursements absolutely required and not herein before provided for, actual disbursements; 21. Screens for use in polling room, actual cost; 22. For swearing the poll clerk before and after the polls, one dollar; 23. For taking the polls, four dollars, (to deputy returning officers); 24. For services of poll clerk, two dollars; 25. For services of one constable, if considered necessary, one dollar; 26. For mileage of deputy returning officer and poll clerk going to and returning from the polling station, and delivering ballot boxes, each mile twelve and one-half cents; 27. Actual expenses incurred for the use of polling stations, not exceeding ten dollars in cities, or four dollars in other electoral districts, this fee to cover fuel, light and furniture. 63-64 V., c. 12, sch. 2. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 152 CHAPTER 7. An Act respecting Controverted Elections of Members of the House of Commons. SHORT TITI.E. 1. This Act may be cited as the Dominion Controverted Short title. Elections Act. R.S., c. 9, s. 1. INTERPRETATION. Definitions. 2. In this Act, unless the context otherwise requires,(a) Speaker' means the Speaker of the House of Com- Speaker.' mons; and, when the office of Speaker is vacant, or when the Speaker is absent from Canada or is unable to act, means the Clerk of the House of Commons, or any other officer for the time being performing the duties of the Clerk of the said House; (b) 'member' means a member of the House of Commons of Canada; 'Member.' (c) 'election' means an election of a member to serve in the Election.' House of Commons of Canada; (d) 'electoral district' means an electoral district entitled 'Electoral to return a member or members; (e) 'candidate' means any person elected to serve as a mem- ‹ ber, and any person who has been nominated as a candidate at an election; district.' Candidate.' (f) corrupt practices' means acts in reference to elections Corrupt which are declared to be corrupt practices by the Dominion practices.' Elections Act, or any other Act of the Parliament of Canada, or recognized as such by the common law of Parliament; (g) rules of court' means rules made as hereinafter provided; Rules of court.' (h) prescribed' means prescribed by this Act, or by the Prescribed.' rules of court made under this Act; (i) clerk' or 'clerk of the court' means the clerk of the Clerk.' Crown, chief clerk, or registrar of the court, or, in Ontario, the registrar of any division of the High Court of Justice, or the prothonotary, or any other officer of the court prescribed for the purpose in question; (j) the court,' as respects elections in the several provinces Court.' hereinafter mentioned, means respectively the courts hereinafter mentioned, or any judge thereof, that is to say: 153 (i) 'Summary trial court.' Jurisdiction. Electoral dis in Saskatchewan and partly in Alberta. (i) In the province of Ontario, the High Court of (ii) In the province of Quebec, the Superior Court; (iv) In the province of New Brunswick, the Supreme (v) In the province of Manitoba, the Court of Appeal; (vi) In the province of British Columbia, the Supreme Court; (vii) In the province of Prince Edward Island, the Supreme Court of Judicature; (viii) In the province of Saskatchewan or Alberta, the Supreme Court of the Northwest Territories pending the abolition of that Court by the legislature of the province, and thereafter such superior court of justice as, in respect of the civil jurisdiction of the said Court, is established for the province in lieu thereof; (ix) In the Yukon Territory, the Territorial Court; (k) trial judges' means the two judges trying an election petition or performing any duty to which the enactment in which the expression occurs has reference; (1) 'petition' or 'election petition' means a petition complaining of an undue return, or undue election of a member, or of no return, or of a double return, or of matters contained in a special return made, or of any unlawful act by any candidate not returned by which he is alleged to have become disqualified to sit in the House of Commons; (m) election list' means the list of petitions presented under this Act required by this Act to be made out by the Iclerk of the court; (n) summary trial court' means a court for the summary trial of any person charged with having committed corrupt practices at an election. 2. Each of the said courts shall, subject to the provisions of this Act, have the same powers, jurisdiction and authority with reference to an election petition and the proceedings thereon, as if such petition were an ordinary cause within its jurisdiction. 3. In respect of proceedings relating to or affecting an electrict partly tion for an electoral district partly in the province of Saskatchewan and partly in the province of Alberta, the court shall be the Supreme Court of the Northwest Territories pending the abolition of that Court by the legislature of the province of Alberta, and thereafter such superior court as, in respect of the civil jurisdiction of that Court, is established for that province in lieu thereof. Pending proceedings. 4. Proceedings under this Act which are pending in the Supreme Court of the Northwest Territories in the province of Saskatchewan or the province of Alberta at the time of the abolition 154 abolition of the said Court in the province may be continued in such superior court of justice, as, in respect of the civil jurisdiction of the said Court, is established for the province in lieu thereof in all respects as if such proceedings had been instituted in such latter court: Provided that if such proceedings relate to or affect an election for any electoral district which is partly in one and partly in the other of the said provinces, the proceedings shall be continued in the superior court so established in the province of Alberta. R.S., c. 9, ss. 2, 5, 29, 78; 50-51 V., c. 7, s. 1; 54-55 V., c. 20, s. 1; 4-5 E. VII., c. 8, ss. 1 and 2; 6 E. VII., c. 4, s. 2. VENUE.. Quebec. 3. In the province of Quebec, the cause of action shall be Venue in held to have arisen at the place where the election was held, and the election petition shall be presented to the court in the judicial district in which such place lies. R.S., c. 9, s. 3. ROTA. 4. The rotation or order in which trials under this Act, and Rotation of judges and any duties assigned by this Act to a single judge, shall be under- courts for taken or performed by the judges of the court, shall, if not duty under prescribed by the law of the province or the practice of the court, be arranged by the judges. this Act. 2. In the province of Ontario the distribution of cases for In Ontario. trial under this Act between the several divisions of the High Court of Justice shall be arranged by the presidents thereof, in such manner as shall in their judgment as nearly as possible equalize between the several divisions the number of petitions standing for trial in the Court: Provided that it shall not be necessary that the judges before whom in any case the trial is conducted shall be judges of the division to which the case is assigned for trial; and the presidents of the several divisions shall arrange in such manner as is necessary for the rotation of the judges. 50-51 V., c. 7, s. 2; 54-55 V., c. 20, ss. 2 and 4. PETITIONS. 5. A petition may be presented to the court by any one or Election more of the following persons: petitions. (a) A person who had a right to vote at the election to which By whom to the petition relates; or, (b) A candidate at such election. R.S., c. 9, s. 5. be made. 6. At the time of the presentation of the petition there shall Affidavit of also be presented therewith an affidavit by the petitioner that he verification. |