Number on ballot not to has marked it, so as to make known to any person the name of the candidate for or against whom he has so marked his vote. 63-64 V., c. 12, s. 96. 223. No candidate, officer, clerk, agent, or other person shall be disclosed. communicate at any time to any person any information as to the number on the back of the ballot paper given to any voter at a polling station, except to a court or judge lawfully requiring him so to do, or attempt to ascertain at the counting of the votes the number on the back of any ballot paper. 63-64 V., c. 12, s. 96. Vote not to 224. No candidate, officer, clerk, agent or other person shall be disclosed. communicate at any time to any person any information Inspection of ballots in obtained at a polling station as to the candidate for whom any voter at such polling station is about to vote or has voted. 63-64 V., c. 12, s. 96. 225. Every candidate, officer, clerk and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting; and no such candidate, officer, clerk or agent shall attempt to obtain at such counting any information or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper. 63-64 V., c. 12, s. 96. 226. No person who has voted at an election shall, in any legal proceeding questioning the election or return, be required to state for whom he voted. 63-64 V., c. 12, s. 97. Inspection of Ballot Papers. 227. No person shall be allowed to inspect any ballot paper custody of in the custody of the Clerk of the Crown in Chancery except under the rule or order of a superior court or a judge thereof. 63-64 V., c. 12, s. 98. Clerk of Crown in Chancery. Order of court for tion. 228. Such rule or order may be granted by such court or such inspec- judge being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition which has been filed questioning an election or return. Conditions. Clerk of C. in C. to obey. 2. Any such rule or order for the inspection or production of ballot papers may be made subject to such conditions as to persons, time, place and mode of inspection or production as the court or judge thinks expedient. 3. The Clerk of the Crown in Chancery shall obey such rule or order. 63-64 V., c. 12, s. 98. PEACE AND GOOD ORDER AT ELECTIONS. officers and 229. Each returning officer and each deputy returning Returning officer, from the time he takes the oath of office until the day after the closing of the election, shall be a conservator of the turning offipeace invested with all the powers appertaining to a justice of conservators the peace. 63-64 V., c. 12, s. 99. cers to be of peace. mand assist ance. 230. Every returning officer or deputy returning officer may May comrequire the assistance of justices of the peace, constables or other persons present, to aid him in maintaining peace and good order at the election; and may also, on a requisition made in writing by any candidate, or by his agent, or by any two electors, swear in such special constables as he deems necessary. 63-64 V., c. 12, s. 100. 231. Every returning officer or deputy returning officer may May arrest arrest or cause by verbal order to be arrested, and place in the disturbers. custody of any constables or other persons, any person disturb ing the peace and good order at the election, and may cause such person to be imprisoned under an order signed by him until an hour not later than the close of the poll. 63-64 V., c. 12, s. 101. weapons. 232. The returning officer or deputy returning officer may, May demand during the nomination day and polling day at any election, offensive require any person within half a mile of the place of nomination or of the polling station to deliver to him any firearm, sword, stave, bludgeon or other offensive weapon in the hands or personal possession of such person. 63-64 V., c. 12, s. 102. 233. Except the returning officer, the deputy returning Strangers not officer, the poll clerk and the constables and special constables to enter polling disappointed by the returning officer or the deputy returning officer tricts armed. for the orderly conduct of the election or poll and the preservation of the public peace thereat, no person who has not had a stated residence in the polling division for at least six months next before the day of such election, shall come during any part of the day upon which the poll is to remain open into such polling division armed with offensive weapons of any kind, such as firearms, swords, staves, bludgeons or the like; and no person being in such polling division shall arm himself, during any part of the day, with any such offensive weapon, and, thus, armed, approach within the distance of one mile of the place where the poll of such polling division is held, unless called upon so to do by lawful authority. 63-64 V., c. 12, s. 103. furnished or 234. No person shall furnish or supply any ensign, standard Flags, etc., or set of colours, or any other flag, to or for any person with not to be intent that it shall be carried or used in such electoral district carried. on the day of election, or within eight days before such day, or during the continuance of such election or the polling, by 107 any Ribbons or favours not to or worn. any person, as a party flag to distinguish the bearer thereof and those who follow it as the supporters of any candidate, or of the political or other opinions entertained or supposed to be entertained by such candidate; and no person shall, for any reason, carry or use any such ensign, standard, set of colours or other flag, as a party flag, within such electoral district on the day of any such election or polling or within eight days before such day, or during the continuance of such election. 63-64 V., c. 12, s. 104. 235. No person shall furnish or supply any ribbon, label be furnished or like favour to or for any person with intent that it be worn or used within such electoral district on the day of election or polling, or within eight days before such day, or during the continuance of such election, by any person, as a party badge to distinguish the wearer as the supporter of any candidate, or of the political or other opinions entertained or supposed to be entertained by such candidate; and no person shall use or wear any ribbon, label, or other favour, as such badge, within such electoral district on the day of any such election or polling, or within eight days before such day, during the continuance of such election. 63-64 V., c. 12, s. 105. No intoxicat ing liquors to be sold on polling day. 236. No spirituous or fermented liquors or strong drinks shall be sold or given at any hotel, tavern, shop or other place within the limits of any polling division, during the whole of the polling day at an election. 63-64 V., c. 12, s. 107. Official agent. No payment to be made except through agent. Names of agents to be published. Case of death or legal incapacity of agent. ELECTION EXPENSES. 237. Every candidate shall appoint an official agent or agents whose name or names and address or addresses shall be declared in writing to the returning officer, on or before the nomination day. 2. No payment, except with respect to the personal expenses of a candidate, and no advance, loan or deposit shall be made by or on behalf of any candidate at any election before or during or after such election, on account of such election, otherwise than through his official agent or agents. 3. The returning officer shall publish, on or before the nomination day, the name and address or the names and addresses of the official agent or agents appointed in pursuance of this section. 63-64 V., c. 12, s. 143. 238. In the event of the death or legal incapacity of any such agent, the candidate shall forthwith appoint another agent in his place, giving notice to the returning officer of the name and address of the person so appointed which shall be forthwith published by the returning officer as herein provided. 63-64 V., c. 12, s. 143. in one 239. All persons who have any bills, charges or claims upon Claims to be any candidate for or in relation to any election shall send in sent in withsuch bills, charges or claims within one month after the day of month, or the declaration of the election, to the official agent of the right to be candidate; otherwise such persons shall be barred of the right to recover such claims or any part thereof. 63-64 V., c. 12, s. 144. barred. claimant. 240. In the event of the death, within such month, of any Death of person claiming the amount of any such bill, charge or claim, the legal representative of such person shall send in the bill, charge or claim within one month after his obtaining probate or letters of administration, or of his becoming otherwise able to act as legal representative, otherwise the right to recover such claim shall be barred as aforesaid. 63-64 V., c. 12, s. 144. no agent. 241. Such bills, charges and claims may be sent in to the If there is candidate during such month, if the agent is dead or legally incapable. 63-64 V., c. 12, s. 144. authorize payment. 242. No such bill, charge or claim shall be paid without Candidate to the authority of the candidate, as well as the approval of the official agent. 63-64 V., c. 12, s. 144. lawful claims 243. Notwithstanding anything in the four sections last Payment of preceding, a claim for lawful election expenses which would sent in after have been payable, if sent within the time limited by said one month. sections, may be paid by the candidate through his official agent after that time, if it is approved by a judge competent to recount or make a final addition of the votes at the election, and the judge makes an order for the payment thereof. 2. All sums so allowed by the judge shall, within one week Notice. thereafter, be advertised in the same papers as the statement of the other election expenses. 63-64 V., c. 12, s. 145. expenses to 244. A detailed statement of all election expenses incurred Statement of by or on behalf of any candidate, including such excepted pay- be made out ments as aforesaid, shall, within two months after the election, by agents. or, whenever, by reason of the death of the creditor, no bill has been sent in within such period of two months, then within one month after such bill has been sent in, be made out and signed by the official agent, or, if there is more than one, by every official agent who has paid such expenses, including the candidate, in case of payments made by him, and delivered with the bills and vouchers relative thereto to the returning officer. 63-64 V., c. 12, s. 146. lished by re 245. The returning officer for the time being shall, at the To be pubexpense of the candidate, within fourteen days after receiving turning such statement, insert or cause to be inserted an abstract thereof, officer. with the signature of the official agent thereto, in some news Bills, etc., to be preserved. Refusal or omission by provincial officer to record changes on paper published or circulating in the electoral district where the election was held. 63-64 V., c. 12, s. 146. 246. The returning officer shall preserve all such bills and vouchers, and, during the six months next after they have been delivered to him, shall permit any voter to inspect them on payment of a fee of twenty cents. 63-64 V., c. 12, s. 146. OFFENCES AND PENALTIES. 247. If, under any provincial law, any changes in or additions to a list of voters have been made since the final revision thereof, and if the officer or person who, under the provincial law, has the official record of such changes or additions, refuses list of voters. or omits upon the request of any person presenting for the purpose any copy of such list printed by the King's Printer, and paying or tendering the sum of fifty cents, to make corresponding changes in and additions to such printed copy, and to certify under his hand the correctness of such changes and additions, he is guilty of an indictable offence, and shall for each such refusal or omission incur a penalty of not more than one thousand dollars and not less than one hundred dollars. 61 V., c. 14, s. 10. Penalty. Refusal by provincial custodian to transmit to Clerk of Crown in Chancery copies of lists. Penalty. Misfeasance by election officers. Penalty. Neglect of duty by election officers. Penalty. Refusal to furnish re 248. Every officer or person who, under any provincial law, is the custodian of any list of voters who refuses or omits, within ten days after the final revision for provincial purposes of any such list, to transmit to the Clerk of the Crown in Chancery by registered mail a copy thereof, certified under the hand of such custodian, and having every addition or alteration therein identified by his initials, is guilty of an indictable offence, and, for each such refusal or omission, shall incur a penalty of not more than one thousand dollars, and not less than one hundred dollars. 61 V., c. 14, s. 10. 249. Every officer or clerk who is guilty of any wilful misfeasance or any wilful act or omission in violation of this Act shall forfeit to any person aggrieved by such misfeasance, act or omission, a sum not exceeding five hundred dollars in addition to the amount of all actual damages thereby occasioned to such person. 63-64 V., c. 12, s. 19; 4-5 E. VII., c. 28, s. 6. 250. Every election officer or clerk or poll clerk who refuses or neglects to perform any of the obligations or formalities required of him by this Act shall, for each such refusal or neglect, forfeit the sum of two hundred dollars to any person who sues therefor. 63-64 V., c. 12, s. 20; 4-5 E. VII., c. 28, s. 7. 251. Every officer who is the legal custodian of any by-laws, turning off orders, proclamations or other documents or proceedings defin 110 ing |