CHAP, 13.

An Act further to amend the Dominion Elections Act.

HF

[Assented to 23rd July, 1894.]

ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The section substituted for section four of The Dominion R.S.C., c. 8, Elections Act, chapter eight of the Revised Statutes, by sec- s. 4 repealed. tion one of chapter eleven of the Statutes of 1888 as amended

by chapter nine of the Statutes of 1890, is hereby repealed and the following substituted therefor :

"4. The Governor General shall, except as hereinafter men- Day of nomin tioned, fix the day for the nomination of candidates at the ation of candi dates, how election, and shall, at every general election, fix one and the fixed. same day for the nomination of candidates in all the electoral districts, except in the electoral districts of Algoma and Nipissing, in the province of Ontario, of Gaspé and Chicoutimi and Saguenay, in the province of Quebec, and of Cariboo, in the province of British Columbia.”

2. The subsections substituted for subsections two and three Section 14 of section fourteen of the said Act by section two of chapter amended. eleven of the Statutes of 1888 as amended by chapter nine of the Statutes of 1890, are hereby repealed and the following substituted therefor :

days in Algo

"2. In the electoral districts of Algoma and Nipissing, in Nomination the province of Ontario, the returning officers shall fix the and polling day for the nomination of candidates, and also the day and ma and Nipis places for holding the polls; the nomination in the said elect- sing. oral districts shall take place not less than ten days nor more than fifteen days after the proclamation hereinafter required has been posted up; and the day for holding the polls shall be not less than ten days nor more than fifteen days after the day on which the nomination is to take place,-neither the day of nomination nor the day of posting the proclamation being reckoned;

In Gaspé,

Chicoutimi

"3. In the electoral districts of Gaspé and Chicoutimi and and Saguenay Saguenay, in the province of Quebec, and Cariboo, in the proand Cariboo. vince of British Columbia, the returning officer shall fix the day for the nomination of candidates, and also the day and places for holding the polls; the nomination in the said electoral districts shall take place not less than fifteen days nor more than thirty days after the proclamation hereinafter required has been posted up; and the day for holding the polls shall be not less than fifteen days nor more than thirty days after the day on which the nomination is to take place,-neither the day of nomination nor the day of posting the proclamation being reckoned."

Section 16 repealed.

Proclamation

officer.

3. The section substituted for section sixteen of the said Act by section three of chapter eleven of the Statutes of 1888 as amended by chapter nine of the Statutes of 1890, is hereby repealed and the following substituted therefor:

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:

16. Within ten days after the reception of the writ in the by returning electoral districts of Algoma and Nipissing, in the province of Ontario, within twenty days after such reception in the electoral districts of Gaspé and Chicoutimi and Saguenay, in the province of Quebec, and Cariboo, in the province of British Columbia, and within eight days after such reception in the other electoral districts of Canada, the returning officer shall, by a proclamation under his hand, issued in the English and French languages in every electoral district in the province of Quebec and in the province of Manitoba, and in the English language only in the other electoral districts, indicate,

Form.

Section 46 repealed.

Mode of vot

ing ballots,

etc.

"(a.) The place and time fixed for the nomination of candidates;

"(b.) The day on which the poll for taking the votes of the electors is to be held, in case a poll is demanded;

"(c.) The several polling stations fixed by him, and the territorial limits to which they respectively apply;

"(d.) The time when and the place where the returning officer will sum up the number of votes given to the several candidates:

"Such proclamation shall be in the form E, in the first schedule to this Act."

4. Section forty-six of the said Act is hereby repealed and the following substituted therefor :

"46. The elector, on receiving the ballot paper, shall forthing and mark with proceed into one of the compartments of the polling station and there mark his ballot paper, making a cross with a pencil on the white portion of the ballot paper opposite to or within the division (or, if there is more than one to be elected, opposite to or within the divisions) containing the name or names of the candidate or candidates for whom he intends to vote, and shall then fold up such ballot paper so that the initials on the back can be seen without opening it and hand it to the deputy returning

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returning officer, who shall, without unfolding it, ascertain by examining his initials and the number upon the counterfoil, that it is the same which he furnished to the elector, and shall first detach and destroy the counterfoil, and shall then immediately, and in the presence of the elector, place the ballot paper in the ballot box.

of information

5. Section one hundred and thirty-two of the said Act is Section 132 repealed. hereby repealed and the following substituted therefor :"132. Whenever it appears to the satisfaction of the Gov- Provision for ernor in Council, at the time when an election of a member to transmission represent either of the electoral districts of Gaspé or of Chicou- respecting timi and Saguenay in the House of Commons is about to be elections by telegraph, in held, that communication by water between the Magdalen certain places Islands and the mainland in the electoral district of Gaspé, and seasons in Quebec. and by water or by land between the polling districts to the east of Bersimis, in the electoral district of Chicoutimi and Saguenay, or between such polling districts and the place of nomination, may probably be interrupted during such election by the severity of the season, he may direct that all necessary instructions and information relating to such election may be transmitted by telegraph by the returning officer to the deputy returning officer or officers, and by him or them to the returning officer, so that he may be informed of the number of votes given for each candidate, and of all other matters relating to the election, and be enabled to return the candidate having the majority or to make such other return as the case requires; and the Governor in Council may make such order as to the details of the proceedings at or relating to such election to be so transmitted by telegraphic communication, as to him seems proper for best attaining the purposes of this enactment."

New form J.

6. Form J in the first schedule to the said Act is hereby repealed and the following substituted therefor :

Coming into force of sec

tions 5 and 6.

The names of the candidates will be as in the nomination paper. There is to be no white margin on either side of the ballot paper. All portions of the ballot paper are to be coloured dark except the divisions containing the names of the candidates and the circular spaces opposite, which are to be white as shown in the above form. The elector is supposed to have marked his ballot paper in favour of Richard Roe. The dotted line will be a line of perforations for easily detaching the counterfoil."

7. Sections five and six of this Act shall not come into force until a day to be named by proclamation of the Governor in Council.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty.

CHAP. 14.

An Act to disfranchise Voters who have taken bribes.

[Assented to 23rd July, 1894.].

[ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol

lows:

1. In each of the provinces of Canada, the court which un- Court in each der the provisions of The Dominion Controverted Elections Act province. has power, jurisdiction, and authority with reference to election petitions therein, shall be held to be, and is hereby constituted, R.S.C., c. 9. a court for the purposes of this Act.

tion.

2. Whenever, on a 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 form alleged brior to the effect set out in the form A in the schedule to this Act, bery at elechas been presented to the court, signed by five or more voters of an electoral district (the postal address of each voter signing the same being added to his name), stating that bribery has extensively prevailed at the election, and having annexed thereto an affidavit or affidavits, in the form or to the effect set out in the form B in the schedule to this Act, sworn by all the petitioners, stating that they are such voters, and that the allegations in the petition are true, to the best of their knowledge and belief, the court shall within thirty days assign one of its judges for the purpose of making inquiry under this Act, provided the court is satisfied by the affidavits produced that such extensive bribery has been practised.

3. The rotation or order in which any duties assigned by Rotation of this Act to a single judge shall be performed by the judges of judges. the court respectively, shall, if not prescribed by the law of the province or the practice of the court, be arranged by the judges.

4. The several officers of the court for the trial of contro- Officers of verted elections shall be, respectively, officers of the court con- court. stituted by this Act.