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Government, or of being surety for any contractor with or under the Government.
72. Any Member of the Assembly accepting any office, place or appointment mentioned in the twenty-fourth Seco tion of this Chapter, shall forth with vacate his seat, and be incapable of re-election while holding such appointment.
73. Nothing in the last two preceding Sections shall be held to extend to Members of the Executive Council.
74. Any Member of the House of Assembly who shall accept the office of Attorney General, Provincial Secretary, Surveyor General, or Chief Commissioner of Public Works, or any other office of emolument or profit in or under the Government, which a Member of the Assembly is capable of accepting and holding, shall be incapable of taking or holding his seat while in such office, unless re-elected after his acceptance thereof; provided that whenever any person holding the office of Attorney General, Provincial Secretary, Surveyor General or Chief Commissioner of Public Works, and being at the same time a Member of the Assembly, resigns his office, and within one month after his resignation accepts any other of the said offices, he shall not thereby vacate his seat.
75. If any Member of the Assembly shall accept a seat in the Senate of Canada, or be elected a Member of the House of Commons of Canada, or become incapable of sitting or voting in the House of Assembly as provided in the twenty seventh Section of this Chapter, the seat of such Member in the said Assembly shall thereupon become and be declared vacant; provided that nothing in this Section shall be held to declare vacant the seat ofany person holding a commission in the Militia or Volunteer Militia of the Dominion of Canada, if such person is not otherwise disqualified.
76. Any Member may vacate his seat by written notice to the Speaker, or if there be no Speaker, to any two Members.
77. The Speaker 'may vacate his seat as Speaker or Member, either by a declaration to that effect in the House, if in Session, or by written notice to any two Members.
78. In case of vacancy by death, resignation, or appointment to the Legislative Council, during any recess, the Speaker on being certified thereof in writing by two Members, shall send his Warrant to the Provincial Secretary to
issue a writ for the election of a Member to fill the vacancy, who shall on receipt thereof issue the same accordingly; if there be no Speaker, or if the vacancy occur before the first meeting of any new House, any two Members elect may send their Warrant to the Provincial Secretary to issue a writ for the election of a Member to fill such vacancy, and on receipt thereof the Clerk of the Crown in Chancery shall immediately issue the Writ.
79. The representation in the General Assembly shall be as follows:-For the Counties of York, Saint John, Westmorland, Charlotte, and Northumberland, each four Members; for the County of King's, three Members ; for the Counties of Sunbury, Queen's, Gloucester, Kent, Carleton, Restigouche, and Albert, each two Members ; for the Counties of Madawaska and Victoria, each one Member; for the City of Saint John, two Members.
80. The General Assembly shall continue for four years from the day of the return of the writ for choosing the same, unless sooner dissolved, but shall not be affected by the demise of the Crown.
81. The word “Sheriff” herein shall mean Sheriff, Under Sheriff, or Deputy Sheriff : “Presiding Officer,” the person presiding at the taking of the ballots; “District,” shall mean electoral District; “County,” shall mean County or any other place entitled to elect Representatives; “ Election," the election of Members to serve in the General Assembly ; “ day of electing,” or “of election,” the day of polling the votes.
Section. 1 & 2 Definition of terms; what 6 When service of duplicate Petition
shall be termed Bribery; penalty shall be made on Respondent. to candidate.
7 Duplicate Petition to be filed with 3 Presentation of Petition; by whom. Clerk, with affidavit of service; 4 Requirements of Petition; presen Clerk to keep record of time
tation of Petition, to whom; when papers are filed.
9 Court to assign Judges. 5 When Clerk shall send copy of 10 In case of death or illness, another Petition to Sheriff,
Judge to be appointed.
Section. 11 Petition to be tried without Jury, 44 & 45 Witnesses, how and by whom 12 Where Trial shall take place.
summoned. 13 Notice of Trial to be given. 46 Examination of witness. 14 Judge to fix time of Trial. 47 Expenses of witness, how paid. 15 When Judge may postpone be- 48 Withdrawal of Petition. ginning of Trial.
49 & 50 Application for leave to with. 16 Trial to stand adjourned till arri. draw, with whom filed; notice val of Judge.
to be given. 17 Formal adjournment of Court not 51 If a Petitioner withdraws, who necessary.
may be substituted. 18 What shall constitute the record 52 Person desirous of becoming sub. in the cause.
stitute to give notice. 19 Judge to give his decision pub. 53 Judge to appoint tiine and place
licly, and assign his reasons, and for hearing application for with: certify to Speaker.
drawal. 20 Judge to report to Speaker 54 Judge may substitute applicant
whether Bribery has been com as a Petitioner; substitute to mitted.
give security ; proviso. 21 When certificate of Judge may 55 Security to be given by substitute. be postponed.
56 Substitute subject to same liabili. 22 When case may be stated as spe. ties as original Petitioner. cial.
57 When there are more than one 23 When Speaker shall issue warrant Petitioner, consent of all must
for new writ; in case there be no be had for withdrawal.
Speaker who sh:all issue warrant. 58 In any case of withdrawal, Judge 24 Certificate to be entered on Jour t o report to Speaker his opinion nals.
as to cause of withdrawal. 25 Effect of certificate of Judge. 59 When Petition abated. 26 When charge of Corrupt Practiee 60 Abatement of Petition not to afmay be gone into.
fect liability for costs. 27 Acceptance by Respondent of 61 Notice of abatement, how and by
office not to stop trial of Petition. whom given. 28 More than one candidate may be 62 Substitute of applicant on abate
made Respondents to one leti- ment. tion.
63 & 64 Penalty for Bribery. 29 Minutes of evidence to be attach- 65 Costs, how defrayed. ed to certificate.
66 When agent may be ordered to 30 What shall be evidence of protest. pay costs. 31 Certain Laws relating to evidence 67 Clerk Pleas to tax costs. to be in force.
68 Refusal or neglect to pay costs by 32 The Respondent may give notice Petitioner held as default in
to candidates that he will adduce recognizance, and recognizance
69 Moneys recovered and received, 33 Judge may try counter charges at how disposed of.
the same time as Election Peti: 70 Appeal from Judge to the Supreme tion.
Court; when; procedure. 34 Has discretion as to costs. 71 In case of determination against 35 Cross examination of witnesses, candidate.
when Petition and counter in: 72 Barristers to be subject to order
quiry heard at the same time, of the Court. 36 Clauses of Chapter to apply to 73 Agent or Attorney of party to counter inquiry.
leave notice with Clerk Pleas; 37 & 38 Jurisdiction and Rules of service on such to be deemed Court.
sufficient notice. 39 & 40 Expenses and Jurisdiction 74 Persons authorized to take affi. of Judge.
davits. 41 Title of Court.
75 Publication of notice, how made. 42 Interlocutory questions, how dis. 76 Proceedings not defeated by forposed of.
mal objection. 43 Clerk of Circuits to attend at trial. Schedule.
PRELIMINARY. 1. The expression "The Court,” shall, for the purposes of this Chapter, mean the Supreme Court at Fredericton; and such Court shall, subject to the provisions of this Chapter, have the same powers, jurisdiction and authority with reference to Election Petitions under this Chapter, and the proceedings thereon, as it would hare if such Petition were an ordinary cause within its jurisdiction; and the term "Judge" shall, unless otherwise provided, mean a Judge of the Supreme Court.
2. The following terms shall in this Chapter have the meanings hereinafter assigned to them, unless there is something in the context repugnant to such construction, that is to say :
"Election” shall mean an Election of any Member or Members to serve in the General Assembly;
"County” shall mean County, City and County, or City or any other place entitled to elect a Member or Members to serve in the General Assembly;
"Candidate” shall mean any person elected or returned to serve in the General Assembly, and any person who has been nominated as, or has declared himself a candidate at an Election ;
"Member” shall mean any person elected or returned to serve in the General Assembly;
"Corrupt practices” or “corrupt practice” shall mean bribery or treating:
Every person who shall, after the ordering of a Writ for any Election, either directly or indirectly, by himself or by any other person on his behalf, whether specially authorized for such purpose, or authorized generally to act in procuring his election, give, allow or offer, or promise to give, allow or procure to or for any elector, any money, present, gift, loan, valuable consideration, reward, office, emolument, or provision being other than in the nature of refreshment, to or for the use of any person, in order to procure the election of any person, or to procure any elector to vote or refrain from voting at such Election, or corruptly do any such act as aforesaid on account of any elector having voted or refrained from voting at such Election, shall be deemed to have com. mitted bribery under this Chapter, so as that he shall be in
capable, and he is hereby declared to be incapable of sitting or voting in the House of Assembly as a Member returned at such Election, and such Election and Return shall be void and be set aside:
Every person who shall, after the ordering of a Writ for any Election, either directly or indirectly by himself, or by any other person on his behalf, whether specially authorized for such purpose, or authorized generally to act in procuring his election, give or provide, or cause to be given or provided, or pay wholly or in part any expenses incurred in providing any meat, drink or provision, in the nature of refreshment, or any entertainment to or for any person, or to the use or benefit of any person, in order to procure the election of any person, or to influence any person to give his rote, or refrain from voting at such Election, or corruptly do any such act as aforesaid, on account of any elector having voted or refrained from voting at such Election, shall be held to have been guilty of treating under this Chapter, so as that he shall be incapable, and he is hereby declared to be incapable of sitting or voting in the House of Assembly as a Member returned at such Election, and such Election and Return shall be void and be set aside :
“Rules of Court" shall mean Rules to be made as hereinafter mentioned;
“Prescribed "shall mean prescribed by the Rules of Court;
"Speaker" shall, when the office of Speaker is vacant, be deemed to mean the Clerk of the House of Assembly, or any other officer for the time being performing the duties of the Clerk of the House of Assembly.
PRESENTATION AND SERVICE OF PETITION. 3. A Petition,complaining of the undue election or undue return of a Member by reason of any corrupt practices, irregularity, improper conduct, or want of qualification, or by reason ofany matter which (without limitation by reason of the above particularity) is sufficient to set aside such Election or Return, may be presented to the Court by any one or more of the following persons :(1) Some person who voted or had a right to vote at the
Election to which the Petition relates, or (2) Some person alleging himself to have been a Candidate at such Election;