Return of can

ing to have majority.

"3. In any case arising under this section the returning didate appear officer shall return the candidate appearing to have the majority of votes, and shall mention specially in his report to be sent with the return the circumstances accompanying the disappearance of the ballot boxes, or the want of any statement as aforesaid, and the mode by which he ascertained the number of votes given to each candidate.

Not obeying

summons, a misdemeanour.

Section 64 amended.

Section 64 further .amended.

Section 64 further amended.

Proceedings if

comply with this section.

"4. Any person refusing or neglecting to attend on the summons of a returning officer issued under this section shall be guilty of a misdemeanour, and punishable accordingly."

9. Sub-section one of section sixty-four of the said Act is hereby amended by inserting after the word "dollars," in the thirty-fourth line thereof, the words "in legal tender or in the bills of any chartered bank doing business in Canada," and also by adding at the end thereof the following words:"The judge may, at the time of such application, or afterwards, direct that service of the notice aforesaid upon the candidates or their agents may be substitutional, or may be made by mail or by posting, or in any such other manner as he thinks fit."

10. Section sixty-four of the said Act is hereby further amended by adding to sub-section six the following words :"The judge shall also, if necessary or required, review the decision of the returning officer in respect of the number of votes given for a candidate at any polling place, where the ballot box used was not forthcoming when he made his decision, or when the proper certificates or papers were not found therein; and for the purpose of arriving at the facts shall have all the powers of a returning officer with regard to the attendance and examination of witnesses."

11. Section sixty-four of the said Act is hereby further amended by adding thereto the following sub-section:

"11. In case of any omission, neglect or refusal of the said judge does not judge to comply with the foregoing directions of this section, or to proceed with the final addition or re-count, therein provided for, then any party aggrieved may within eight days thereafter make application

(1.) In the Province of Ontario, to a judge of any division of the High Court of Justice;

(2.) In the Province of Quebec, to a judge of the Court of Qeeen's Bench;

(3.) In the Province of Nova Scotia, New Brunswick, Prince Edward Island or British Columbia, to a judge of the Supreme Court of the Province; and

(4.) In the Province of Manitoba, to a judge of the Court of Queen's Bench, for an order commanding the judge to comply with such directions, and to proceed with and complete such final addition or re-count:

(a.) Such application may be made upon affidavit, which need not be entitled in any matter or cause, setting forth the facts relating to such omission, refusal or neglect; and the judge to whom the application is made shall, if it appears that there is such omission, refusal or neglect, make an order appointing a time within eight days, and a place for the consideration of such application, and directing the attendance of all parties interested at such time and place, and giving such directions for the service of the order, and of the affidavit or affidavits upon which the same was granted, upon the judge so alleged to be in default, and upon the other parties interested, as he may think proper, and if the circumstances appear to him to warrant it, may direct that service upon any of such parties may be substitutional, or may be made by mail, or by posting, or in such other manner as he may think fit;

(b.) The judge complained of, or any of the parties interested, may file in the office of the clerk, registrar or prothonotary of the court, to a judge of which the application is made, affidavits in reply to those filed by the applicant, and upon demand shall furnish him with copies thereof;

(c.) At the time and place appointed by him, or at any other time and place to which the hearing may be adjourned, after hearing the parties, or such of them as may be present, or their counsel, the judge, or some other judge of the same court, shall make such order as the facts of the case in his opinion warrant, either dismissing the application or commanding the judge in default to take such action as may be necessary in order to a compliance with the directions of this section, and to proceed with and complete such final addition or re-count as aforesaid, and may make such order as to costs as he thinks proper;

(d.) A judge so found to be in default as aforesaid shall forthwith carry out the directions of any order so made, and there shall be the same remedies for the recovery of the costs awarded by such order as for that of the costs in ordinary cases in the

same court.

12. Sub-section one of section sixty-five of the said Act is Section 65 hereby repealed and the following substituted therefor :

amended.

"65. The returning officer shall, immediately after the Return of cansixth day after the final addition by him under section sixty, didate elected. or the ascertainment by him, under section sixty-three, of the number of votes given for each candidate, unless before that time he receives notice that he is required to attend before a judge for the purpose of a final addition or re-count by such judge of the votes given at the election, and where there has been a final addition or re-count by the judge, immediately thereafter transmit his return to the Clerk of the Crown in Chancery that the candidate having the largest number of votes has been duly elected, and shall forward to each of the respective candidates a duplicate or copy thereof,

Section 66 repealed.

Notice of return in Can

ada Gazette.

Section 84 amended.

Demanding money, &c.

Form M amended.

Form S amended.

Clerical error corrected in

50-51 V., c. 6.

and such return shall be in the form CC, in the first schedule to this Act."

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

"66. The Clerk of the Crown in Chancery shall, on receiving the return of any member elected to the House of Commons, enter such return in a book to be kept by him for such purpose in the order in which the same is received by him, and thereupon immediately give notice in the ordinary issue of the Canada Gazette of the name of the candidate so elected and in the order in which it was received."

14. Section eighty-four of the said Act is hereby amended by adding thereto the following paragraph immediately after paragraph (e) :

"(f) Every person who directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for his having voted or for illegally agreeing or having agreed to vote for any candidate at an election, or on account of and as payment for his having illegally assisted or agreed to assist any candidate at an election, applies to such candidate, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration, or for any office, place or employment, or the promise of any office, place or employment."

15. The third paragraph of form M in the first schedule to the said Act is hereby repealed and the following substituted therefor :

"The voter shall then fold the ballot paper so as to show a portion of the back only, with the initials of the deputy returning officer thereon and the number on the counterfoil, and also in such a manner as to permit the counterfoil to be detached without unfolding the ballot paper; he shall then return the ballot paper so folded to the deputy returning officer, who shall place it in the ballot box, after having detached the counterfoil. The voter shall then forthwith quit the polling station."

16. Paragraph two of form S in the said schedule is hereby repealed and the following substituted therefor :

66

2. That I am a British subject, and am of the full age of twenty-one years."

17. In correction of a clerical error in the French version of section two of the Act passed in the session held in the fiftieth and fifty-first years of Her Majesty's reign, chapter six, the word "sur" is hereby substituted for the word "infirmée in the fourth line of the said section, and the word "sixième" for the word "cinquième" in the said line."

18. The second schedule to the said Act is hereby repealed Second scheand the following substituted therefor :—

dule repealed.

"SECOND SCHEDULE.

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 district, 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 private building for nomination, actual outlay, not exceeding four dollars;

"To Returning Officer, when polls are taken.

"8. 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;

"9. For the personal services of the election clerk, eight dollars;

10. For services of one constable, if considered necessary at the nomination, one dollar;

"11. For printing proclamations and lists of candidates, actual cost;

"12. For posting proclamations (as in item five), per mile, twelve and one-half cents.

13. 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;

"14. 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;

"15. 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;

"16. For making up and transmitting returns to the Clerk of the Crown in Chancery, postage and telegrams, actual disbursements;

"17. For services necessary under section sixty-three, a reasonable sum to be determined by the Governor in Council;

"18. For use, when a public building is not obtainable, of private building for nomination, outlay, not exceeding four dollars;

"19. For ballot boxes, when furnished by him, and for ballot papers and envelopes, and for any other disbursements absolutely required and not hereinbefore provided for, actual disbursements;

"20. Screens for use in polling room, actual cost;

"21. For swearing the poll clerk before and after the polls, one dollar;

"22. For taking the polls, four dollars;

"23. For services of poll clerk, two dollars;

"24. For services of one constable, if considered necessary, one dollar :

"25. 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;

"26. Actual expenses incurred for the use of polling stations, not exceeding ten dollars in cities, or four dollars in other constituencies, this fee to cover fuel, light and furniture."

OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty,