under 27 V.c.8.

or having the custody of the original, shall be held to be a "dupli- What shall be cate" of such voters' list for all the purposes of the Act of the a duplicate legislature of the late Province of Canada, twenty-seven Victoria, chapter eight, as respects elections for Members to serve in the House of Commons of Canada.

Any Registrar who shall deliver to a Deputy Returning officer, Penalty on any list of voters which shall not be conformable to the duplicate delivering inRegistrar or certified copy of a voters' list deposited in the office of such correct list. Registrar, at least one month before the date of the writ of elecsion shall incur a penalty of four hundred dollars for each copy so delivered.

for like offence.

Any Clerk, Treasurer, or Secretary-Treasurer, of any city or On officer of municipality, who shall deliver to any Registrar any duplicate or municipality certified copy of a list of voters which shall not be conformable to that remaining of record in the office of such Clerk, Treasurer or Secretary-Treasurer, as made from the assessment rolls, shall, for each list so delivered, incur a penalty of four hundred dollars.

penalties.

The penalties hereby imposed shall be recoverable and appro- Recovery of priated in the manner provided by the sixth chapter of the Consolidated Statutes of the late Province of Canada, with respect to penalties of like amount imposed by that chapter.

The foregoing provisions of this section shall apply only to Application of elections for the House of Commons of Canada, and to voters' foregoing lists to be used at such elections.

provisions.

attested before

Notwithstanding anything to the contrary in sub-section three Lists may be of section eleven, of chapter six of the Consolidated Statutes of one J. P. Canada, the Clerk, Treasurer or Secretary-Treasurer may certify the correctness of the list or lists of voters made out by him, before one Justice of the Peace, instead of two, as required by the said sub-section.

numerous,

9. If, in the Province of Quebec, the Returning Officer for any Sub-division of Electoral District finds by the voters' list for any polling district, Picts in polling disor sub-division thereof, that the number of voters therein exceeds Quebec, where two hundred, he shall proceed to divide the same in the most con- voters are too venient manner, and so that there shall not be more than two hundred voters in each sub-division; and shall provide a polling place for each such sub-division, and shall furnish for each polling place a copy of the voters' list or so much thereof as is required for the sub-division; and any provisions of the law in the said Province with respect to the voting or the right to vote at the polling place in any polling district or sub-division thereof, shall

apply to any polling sub-division to be established under this Proviso: section: Provided always, that, at any time after the passing of Municipality this Act, the Municipal Council of the city, town or other local may make municipality having jurisdiction over the locality, may divide such subsuch city, town or local municipality into electoral sub-divisions, so that there shall not be more than two hundred voters in each

divison.

Returning

Officer to make

it if the man cipality does

such sub-division; and such power shall be exercised under the provisions of section two of the Act of the legislature of the late Province of Canada, passed in the session held in the twenty-ninth and thirtieth years of Her Majesty's reign, chapter thirteen; and the power given by this Act to the Returning Officer to make such subdivision shall be exercised only in case the Municipal Council shall not have made such sub-division, or the time for appealing against the same, if made, shall not have expired; provided also, that intween polling stead of the limitation of distance between the polling places prescribed by the fourth section of the said Act, the distance between polling places in cities, towns and incorporated villages shall not be less than one hundred yards, nor in other Local municipalities less than one mile.

not, Proviso: distance be

places.

Special provi.

sions as to

voters' lists in Nova Scotia.

For what time they shall

serve.

Polling dis

tricts in New Brunswick.

Special provi

sions as to Manitoba.

10. In the Province of Nova Scotia, all persons nominated as Revisors, under chapter twenty-eight of the Acts of the legislature of the said Province, passed in the year one thousand eight hundred and sixty-three, intituled "An Act to regulate the Election of Members to serve in the General Assembly," shall, in the present year one thousand eight hundred and seventy-three, within three months after the passing of this Act, and in any future year during which this Act shall be in force, at the time of their preparing the annual list of electors qualified to vote at elections of Members of the General Assembly, prepare also and file with the Clerk of the Peace a like alphabetical list of electors qualified to vote at elections of Members to serve in the House of Commons of Canada, by adding to the lists of voters for Members of the General Assembly, the names of all officials and employees of the Dominion Government qualified to vote at elections of Members of the General Assembly under the laws in force in Nova Scotia on the first day of July, one thousand eight hundred and sixty-seven, but who may have been disqualified by any Act of the Legislature of that Province, passed after the said day:

The lists first made shall form the register of electors of Members of the House of Commons, until the next year's lists shall be made and perfected, and the provisions of sections twentyfive, twenty-six and twenty-seven respectively, of the said chapter, shall be held applicable to such future lists, and for every neglect or wilful breach of duty under this section, the Revisors shall be subject to the like penalties prescribed in section twenty-four of the said chapter.

11. In the Province of New Brunswick, the polling districts and polling lists shall be the same as if the elections were for Members of the Legislative Assembly, notwithstanding any changes that may have been made in such polling districts and lists since the first day of July, one thousand eight and sixty

seven,

12. In the Province of Manitoba, and in the Province of British Columbia, the laws in force at the time of any election of a Member or Members to serve in the House of Commons for any Electoral

Electoral District in either of the said Provinces, relative to the following matters or any of them, namely, the qualifications or disqualifications of persons to be elected or to sit or vote as Members of the Legislative Assembly of Manitoba or of the Legislative Council of British Columbia, (as the case may be), the oaths to be taken by voters, the powers and duties of Returning Officers, the proceedings at elections, the trial of controverted elections and proceedings incident thereto, the vacating the seats of members, and the issue and execution of new writs in case of seats vacated otherwise than by dissolution, shall apply respectively to elections of Members to serve in the House of Commons for the same Province.

day only in

Columbia.

13. In the Provinces of Manitoba and British Columbia respec- Polling to contively, the polls at any election of a Member to serve in the tinue for one House of Commons, shall be held only on one day, and shall open Manitoba and at nine o'clock in the morning and close at five o'clock in the after- British noon of the same day; and the Returning Officer at any election, in either of the said Provinces, of a Member to serve in the House of Commons, shall have the like powers for dividing any polling district as are vested in Returning Officers in the Province of Quebec by the ninth section of this Act, which shall apply to Manitoba and British Columbia, respectively.

of voters, &c.

14. In the Province of Manitoba, the qualification of voters Qualification shall, in places (if any) for which voters' lists have been made for in Manitoba, the Legislative Assembly, under any Provincial law in that behalf, then in force, be the same as that established by such law; and such lists shall be used at the elections; but if no such lists have been made, and in places for which such lists have not been made, the qualification shall be that established by the Act of the Parliament of Canada, thirty-three Victoria, chapter three,-and in all respects (except as aforesaid as to the qualification of voters) the like laws and rules shall be observed, and the like instructions given, for the conduct of and proceedings at elections of Members of the House of Commons, as were observed and given at the now last election of Members of the House of Commons in the said Province.

Columbia.

15. In the Province of British Columbia, the qualification of And in British voters shall, in places (if any) for which voters' lists have been made for the Legislative Council under any Provincial law in that behalf, then in force, be the saine as that established by such law, and such lists shall be used at the elections; but if no such ists have been made, and in places for which such lists have not been made, the qualification shall be the saine as at the last election of Members of the House of Commons, and in all other respects the like laws and rules shall be observed, and the like instructions given, for the conduct of and the proceedings at elections of Members of the House of Commons, as were observed and given at the now last elections of Members of the House of Commons, in the said Province.

GENERAL

Tariff of fees

Returning

Officers, &c.

GENERAL PROVISIONS.

16. For the purpose of elections of Members to serve in the House of Commons, the Governor General shall cause writs to be issued by such person, in such form, and addressed to such Returning Officer as he thinks fit: the persons issuing writs under this section shall have the like powers as were possessed at the Union by the officers charged with the issuing of writs for the election of Members to serve in the respective Legislative Assembly or House of Assembly of the Provinces of Canada, Nova Scotia or New Brunswick, or as may be possessed by any such officer in Manitoba or British Columbia respectively immediately before such election; and the Returning Officer to whom writs are directed under this section shall have the like powers as were possessed at the time of the Union in the Provinces of Quebec, Ontario, Nova Scotia or New Brunswick, or in the Province of Manitoba or British Columbia, immediately before such election, by the officers charged with the returning of writs for the election of Members to serve in the same respective Legislative Assembly. House of Assembly or Legislative Council, subject to the provisions

of this Act.

17. The Governor in Council may make a tariff of fees, costs to be paid to and expenses, to be paid and allowed by the Dominion Government to the Returning Officers and other officers and persons employed at or in respect to elections of Members to serve in the House of Commons of Canada; and such tariff shall be substituted for any provision in any Statute now in force in the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba and British Columbia, respecting such fees, costs and expenses.

No candidate to employ means of corruption.

Penalty.

Penalty for corrupt practices by

candidate not

returned.

18. No candidate at any election shall directly or indirectly, employ any means of corruption by giving any sum of money, office, place, employment, gratuity, reward, or any bond, bill or note, or conveyance of land, or any promise of the same, nor shall he, either by himself, or his authorized agent for that purpose, threaten any elector with losing any office, salary, income or advantage, with the intent to corrupt or bribe any elector to vote for such candidate, or to keep back any elector from voting for any other candidate; nor shall he open and support or cause to be opened and supported at his costs and charges, any house of public entertainment for the accommodation of the electors; and if any representative returned to the House of Commons, is proved guilty before the proper tribunal, of using any of the above means to procure his election, his election shall be thereby declared void and he shall be incapable of being a candidate, or being elected or returned during that Parliament.

19. If any candidate who shall not have been returned is proved guilty before the proper tribunal of using, during any such election means of corruption, he shall be incapable of being a candidate, of being elected or returned during the Parliament for which such election was held.

CHAP

CHAP, 28.

An Act to make better provision respecting Election Petitions, and matters relating to Controverted Elections of Members of the House of Commons.

WHE

[Assented to 23rd May, 1873.]

HEREAS it is expedient to provide by one law, common Preamble. to the whole Dominion of Canada, for the trial of Election Petitions, and the decision of matters connected with Controverted Elections of Members of the House of Commons of Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited for ail purposes as "The Controverted Short title. Elections Act, 1873."

Court."

2. The expression "The Election Court" shall for the purposes Interpretation. of this Act, mean any three judges, of whom, under the provisions Election hereinafter made, any one might try an election petition in the Province to which the enactment in which the expression occurs has reference, sitting specially, either in term or in vacation, for the purposes of this Act:

The Election Court for the Dominion, or for the Province or And "Electio place in which the election in question was held, as the case may Judges." be, shall always be understood as intended when "The Election Court" is mentioned; and the expression "the election Judges," shall mean all the Judges who can sit in such election court; the expression "the Judge," shall mean the judge trying any such petition or performing the duty to which the enactment in which the expression occurs has reference; the word "judges," shall include chief justices.

3. The following terms shall, in this Act, have the meaning Other expreshereinafter assigned to them, unless there is something in the sions. context repugnant to such construction, that is to say:

Member," shall mean a member of the House of Commons Member. of Canada;

66

Election," shall mean an election of a Member to serve in Election. the House of Commons of Canada.

Electoral District," shall mean an Electoral District entitled to Electoral Dis return a member.

tricts.

"Candidate,” shall mean any person elected to serve as a mem- Candidate ber, and any person who has been nominated as, or declared himself a candidate at an election.