CHAPTER 9. An Act to Disfranchise Voters who have taken Bribes. SHORT TITLE. 1. This Act may be cited as the Disfranchising Act. INTERPRETATION. 2. In this Act, unless the context otherwise requires,(a)' ' voter' means any person whose name is upon any voters' list in force under the provisions of the Dominion Elections Act, or any person entitled to vote at an election of a member of the House of Commons, or who has voted at such an election; (b) clerk of the court' has the same meaning as it has in the Dominion Controverted Elections Act. 57-58 V., c. 14, s. 19. CONSTITUTION OF COURT. Short title. Definitions. 3. In each province, the court which, under the Dominion Court in each Controverted Elections Act, has power, jurisdiction and author- province. ity, with reference to election petitions therein, shall be held to be and is hereby constituted a court for the purposes of this Act. 57-58 V., c. 14, s. 1. 4. The several officers of the court for the trial of con- Officers of troverted elections shall be, respectively, officers of the court court. constituted by this Act. 57-58 V., c. 14, s. 4. PROCEDURE. elections. 5. Whenever on day, not less than forty days and not Petition of more than sixty days after the day on which an election is electors for inquiry into held under the Dominion Elections Act, a petition, in the alleged form or to the effect set out in and signed in conformity with bribery at the provisions of the next following section, has been presented to the court, stating that bribery has extensively prevailed at the election, the court, if satisfied from the affidavits produced that such bribery has been so practised at such election, shall, within thirty days, assign one of its judges for the purpose of making inquiry under this Act. 57-58 V., c. 14, s. 2. 191 6. Form of petition. Name and address. Affidavit. To be annexed. Deposit of $1,000. Presentation of petition. No petition while elec pending. 6. Such petition may be in form A in the schedule to this Act, and shall be signed by five voters or more of the electoral district where the election has been held. 2. Each voter signing the same shall add to his name his postal address. 3. All the petitioners shall make affidavit in the form B of the schedule to this Act, stating that they are such voters and that the allegations in the petition are true to the best of their knowledge and belief. 4. Such affidavit shall be annexed to the petition. 57-58 V., c. 14, s. 2. 7. No petition under this Act shall be received unless the sum of one thousand dollars is deposited therewith, to be applied under the direction of the court, in defraying the expenses of the inquiry. 57-58 V., c. 14, s. 17. 8. The presentation of a petition shall be deemed to be complete upon its being left, together with the deposit aforesaid, with the clerk of the court. 57-58 V., c. 14, s. 17. 9. Notwithstanding anything in this Act, where in any tion petition electoral district an election petition has been filed under the Dominion Controverted Elections Act, no petition shall be filed under this Act, until such election petition has been abandoned or disposed of. 57-58 V., c. 14, s. 21. Rotation of judges. Rules of court. Of same force as Act. Appearance of solicitors 10. The judges of the court shall, if the same is not prescribed by law or the practice of the court, arrange the rotation or order in which any duties assigned by this Act to a single judge shall be performed by the judges of the court respectively. 57-58 V., c. 14, s. 3. 11. The judges of every court constituted for the purposes of this Act, or a majority of them, may, from time to time, make, revoke and alter general rules and orders, for the effectual execution of this Act and of the intention and object thereof. 2. Any general rules and orders so made and not inconsistent with this Act shall be deemed to be within the powers conferred by this Act, and shall be of the same force as if they were herein enacted. 3. Such rules shall include regulations respecting the apand counsel. pearance of solicitors and counsel, and the several parties who may take part in the inquiry and be represented thereat. 57-58 V., c. 14, s. 7. Holding of inquiry. 12. The judge shall, upon his appointment, or within a reasonable time thereafter, from time to time hold meetings for the purposes of the inquiry, at some convenient place within the electoral district, and may adjourn such meetings from time 192 time to time and from place to place within the said electoral district. 2. The clerk of the court shall give notice of the time and Notice to petitioners. place of holding the first meeting by mailing such notice to each of the electors who have signed the petition, at least fourteen days before the first meeting is held. 57-58 V., c. 14, s. 5. 13. It shall be the duty of the judge to endeavour, by all Duty of judge. lawful means, to ascertain the persons who have taken bribes at the last election. 57-58 V., c. 14, s. 6. bribe defined. 14. Every voter shall be held to have taken a bribe within Taking a the meaning of this Act who, before or during any election, directly or indirectly, himself or by any other person on his behalf, receives, or agrees, or contracts for, any money, gift, loan or valuable consideration, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election or, who, after any election, directly or indirectly, himself or by any other person on his behalf, receives any money or valuable consideration for having voted or refrained from voting. 57-58 V., c. 14, s. 16. 15. All persons duly summoned shall attend and answer Attendance all questions put to them touching the matters to be inquired of witnesses. into, and shall produce all books, papers, deeds and writings required of them and in their custody or under their control. 57-58 V., c. 14, s. 8. 16. The evidence shall be taken under oath. c. 14, s. 9. 17. The judge sitting in such inquiry shall be a court of Court record. record. 57-58 V., c. 14, s. 10. 18. The presentation of the petition shall be prima facie Evidence of evidence of the allegations therein, except as to the allegation allegations. that bribery prevailed at the election. 57-58 V., c. 14, s. 11. fees. 19. All witnesses shall be entitled to be paid, in the first Witnesses' instance, by the party by whom they are summoned, fees or conduct money as in an ordinary action in the court. 2. The judge shall allow the fees of all material witnesses out of the money in court, if the same have not already been paid to such witnesses. 57-58 V., c. 14, s. 12. FINDING AND REPORT. 20. The finding or decision in respect to any voter shall Judge's be made by the judge in open court, at the close of the evidence, decisions. or at such future time and place as he then fixes for that pur 13 193 pose; Judge's report. Proceedings upon report. stricken out. pose: but he shall not decide that any voter has taken a bribe unless and until he is satisfied that such voter has been served with a notice of the charge against him, and has had an opportunity of meeting it, or that it was impossible to give him such notice by reason of his intentionally evading service. 57-58 V., c. 14, s. 13. 21. The judge shall, within ten days after the time within which an appeal may be taken under this Act, report to the Secretary of State the name of every voter whom he finds to have taken a bribe and who has not duly appealed from his finding. 57-58 V., c. 14, s. 14. 22. The Secretary of State shall publish the report in the Canada Gazette and forthwith furnish a copy of such report to the custodian of the provincial voters' list, if any, upon which the name of any voter so reported appears, and it shall be the Name to be duty of the custodian forthwith to strike such name off the list for the purposes of Dominion elections and to notify the fact to the Clerk of the Crown in Chancery, who shall thereupon strike such name off the corresponding list in his custody; and the same shall also be struck out in every printed copy of such list thereafter issued by him or by the King's Printer under Part I. of the Dominion Elections Act. For 7 years. Copy for custodian of the lists. Judge's report to be laid before 2. Thereafter, for and during the term of seven years hereinafter mentioned, such custodian shall strike the name of such voter off every copy of a voters' list transmitted by him to the Clerk of the Crown in Chancery, pursuant to said Part I., upon which such name appears. 57-58 V., c. 14, ss. 14 and 15. 23. A copy of such report, certified by the Secretary of State, shall be received by the custodian of the provincial list as evidence of the facts therein stated. 57-58 V., c. 14, s. 14. 24. Any report made under this Act shall be laid before Parliament within fourteen days after it is received by the Parliament. Secretary of State, if Parliament is sitting, or, if Parliament is not then sitting, within fourteen days after the then next meeting of Parliament. 57-58 V., c. 14, s. 18. Bribed voters disfranchised for 7 years. 25. No voters whom the judge reports to have taken bribes shall be capable of voting at any election of a member of the House of Commons held during the seven years next after the report has been received by the Secretary of State. 57-58 V., c. 14, s. 15. Appeal. APPEALS. 26. From any finding or decision of the court or judge disfranchising any voter, such voter shall, within thirty days after such finding or decision, have a right to appeal, 194 (a) (a) in the province of Ontario, to one of the divisions of the High Court of Justice; (b) in the province of Quebec, to the ordinary courts of review or appeal; (c) in the province of Nova Scotia, New Brunswick, Prince (d) in the province of Manitoba, to the Court of Appeal; (f) in the Yukon Territory, to the Territorial Court in banc. 2. Such appeals shall be carried on under the provisions of the rules of court made pursuant to this Act. 57-58 V., c. 14, s. 20; 4-5 E. VII., c. 3, s. 16; c. 42, s. 16; 6 E. VII., c. 4, s. 7. State. 27. After the final disposal of any appeal, the clerk of the Report to court of appeal shall forthwith report to the Secretary of State Secretary of the name of every voter who under the decision upon the said appeal is held to have been guilty of taking a bribe. 2. Upon such report the like proceedings shall be had as are required by this Act in the case of the report of a judge. 57-58 V., c. 14, s. 20. The petition of A, B, C, D and E, of the said electoral district of showeth : 1. That they are duly qualified voters in the said electoral district; 2. That an election in the said electoral district took place, and that the polling was held on the day of 4. |