Refusal of D. R.

O. or Poll Clerk

be sworn as to

vote under a false name or designation, or personates or represents himself falsely as being on the list of voters, such Deputy-Returning officer, under a penalty of $200, shall administer the oath authorized by law, whether required to do so or not by any party. Rev. Stats. c. 10, s. 93.

A Deputy-Returning officer or Poll Clerk, who, in case to attend and any voters' list is st. len, lost or destroyed or otherwise lost voters' list. placed beyond the reach of the Deputy-Returning officer, omits to attend personally on the Returning officer or to be sworn or affirmed by the Returning officer in order to be examined as to such loss,

Returning off

cer may be sued

to return any person duly

elected.

Incurs a penalty of $200; and may be committed by the Returning officer to the common gaol of the County or District, until thence discharged by an order of the Legislative Assembly. Rev. Stats. c. 10, s. 123.

If any Returning officer wilfully delays, neglects or for neglecting refuses duly to return any person who ought to be returned, such person may, in case it has been so determined on the hearing of an election petition, sue the Returning officer, and shall recover double the damages he has sustained by reason thereof, together with full costs of suit, provided such action be commenced within one year after the commission of the act on which it is grounded, or within six months after the conclusion of the trial relating to such election. Rev. Stats. c. 10, s. 129. If any Returning officer, Deputy-Returning officer, or fying list, etc. any other person whose duty it is to deliver copies or have the custody of any certified list of voters, wilfully makes any alteration, omission or insertion, or in any way wilfully falsifies any such certified list or copy, every

Returning officers, etc., falsi

G.

such person shall incur a penalty of $2,000. Rev. Stats. c. 10, s. 177.

O. or Poll Clerk

Any Deputy-Returning officer or Poll Clerk who Neglect of D. R. refuses or neglects to perform any of the obligations or formalities required of him by this act, shall, for each such refusal or neglect incur a penalty of $200. Rev. Stats. c. 10, s. 180.

officers

Every officer or clerk who is guilty of any wilful Misfeasance of misfeasance or any wilful act or omission in contravention of this Act, shall, in addition to any other penalty or liability to which he may be subject, forfeit to any person aggrieved by such misfeasance, act or omission, a penal sum of $400. Rev. Stats. c. 10, s. 181.

ing vote in good there is no

Where there is no voters' list, in case a Deputy-Return- D. R. O. rejecting officer rejects the vote of a person entitled to vote, faith, where if his rejecting the vote was in good faith and from voters' list. believing, and having reasonable grounds for believing, that such person was not entitled to vote, such DeputyReturning officer shall not be subject to any penalty (8). 47 Vic. (Ont). c. 4, s. 20.

person acting

No person disqualified and incompetent to vote, under Disqualified section 4 of the Election Act (t) shall act as agent for any as agent. candidate under penalty of $2,000. Rev. Stats. c. 10,

s. 192.

on certificate

taken oath.

An agent, who has received a certificate entitling Agent voting him to vote at a polling place other than the one at without having which he would otherwise be entitled to vote, and who votes without having first taken an oath of qualification, incurs a penalty of $100. 46 Vic. c. 2, s. 4, subsection (5).

(8) See Walton v. Apjohn, 5 Ont. R. 65, in consequence of which case the section was passed.

Returning offi

cer giving certificate to more

than two agents

date.

A Returning officer giving to more than two agents of the same candidate at any one polling place a certificate of same candi- under section 87 of the Election Act, entitling them to vote at such polling place, instead of their regular polling place, incurs a penalty of $400. 46 Vic. c. 2, s. 4, subs. (5).

Procedure, etc.

Payment of Election expenses, etc.

All penalties imposed by the Election Act are recoverable with full costs, by any person who will sue by action of debt or information; and in default of payment, imprisonment until the debt and costs are paid is prescribed. Rev. Stats. c. 10, s. 182. Procedure by summons in case of charges of corrupt practices against persons not parties to an election petition is provided for by 47 Vic. c. 4, s. 31.

Provisions similar to those in the Dominion Act relative to the payment of the candidate's election expenses and the delivery of detailed statements to the Returning officer for publication (u) are contained in the Ontario Act (v), the only material difference being the omission to declare the violation of the provisions a misdemeanor, as in the Dominion Statutes, and the amount of the penalty for default in delivery of the statement, which is placed at $25 per day.

(u) See ante, "Penalties under Dominion Laws" and notes.

(v) Rev. Stats. Ont. c. 10, secs. 183 to expenses of Candidate includes, see 42 Vic.

186 inclusive; as to what “ personal (Ont.) c. 4. s. 19.

CHAPTER V.

CONDUCT OF THE ELECTION.

at When election

void at Com

to mon Law for

irregularity.

AN election, speaking generally, will be void Common Law if it be so irregularly conducted as prevent it in the opinion of the judge from being a true election (a). Thus, where, owing to a mistake of the Returning officer, several polling places were closed during the whole of the polling day, and others during a considerable part of it, and a large number of electors were in consequence unable to vote, the election was declared void at Common Law (b). The Common Law of England relating to Parliamentary elections is in force Common Law in in this country (c).

force here.

lays, etc., in

clamation, or

date.

By section 13 of the Dominion Elections Act in cases Unforeseen dewhere, from unforeseen delays, accident or otherwise, the posting up proproclamation could not be posted up so as to leave the death of candirequired eight days' delay between the posting up of the proclamation and the nomination day appointed, or in case of death of any candidate after his being nominated, the Returning officer may fix another day for the nomi- New day to be nation of candidates, which day shall be the nearest day nation.

fixed for nomi

(a) Hackney, 2 O'M. and H. 77; Woodward v. Sarsons, 10 L. R. C. P. 733. (b) Hackney 2 O'M. & H. 77.

(c) Cornwall (Dom.) Election, Bergin v. Macdonald, 1 H. E. C. 547.

Ontario Act.

held at time ap

possible after allowing the requisite number of days between the posting up of the proclamation and the nomination day:

Under the Ontario Act this provision is extended also to cases "where, from unforeseen delays, accidents or otherwise, the Returning officer is unable to open the election within the prescribed hours on the day he fixed Nomination not for that purpose" (d). This amendment arose out of the pointed. circumstances of the East Simcoe case, in which case the Returning officer was delayed by a snow storm from reaching the place of nomination within the prescribed hours, but the nominations were received after his arrival, no objections being then raised, and the election proceeded, a poll being demanded. The learned judges who tried the case differed as to the effect of this irregularity, Chancellor Boyd considering that it did not avoid the election, and Chief Justice Cameron taking the opposite view (e). The case went to the Court of Appeal, but the election was declared void by that Court on other grounds. The amendment in the Provincial Act, however, provides for such cases of Provincial elections in the future.

Non-compli ance with rules,

validate elect'n,

Section 80 of the Dominion Elections Act provides etc., not to in that no election shall be declared invalid by reason of a in certain cases. non-compliance with the rules contained in the Act as to the taking of the poll or the counting of the votes, or by reason of any want of qualification in the persons sign

(d) 47 Vic. c. 4, s. 37.

(e) Considered judgments were delivered by both judges, though not yet reported, in which the English authorities are reviewed.

Seven days' notice of the election instead of eight has been held by Canadian Parliamentary Committees in the Cornwall case, Pat. El. Prec. 103, Stormont case, Ib 107, and Norfolk case, Ib. 79, not to be fatal where the result was not affected. See also Limerick P. & K. 365, and Athlone, B. & Arn. 126.