430. If, at any time, after any person has become disquali- Cessation of fied under any of the four next preceding articles, the wit- incapacity. nesses, or any of them, on whose testimony such person has so become disqualified, are convicted of perjury in respect of such testimony, such person may obtain from the court before which such conviction took place an order determining that such disqualification shall cease and end.

Such court shall, upon being fully satisfied that such disqualification was procured by reason of such perjury, make such order.

And in pursuance thereof such disqualification shall thenceforth cease and end. 38 V., c. 7, s. 271.

431. Whenever it appears to the court or judge trying an Summons to a election petition that any person has contravened any of the person appearing to provisions of this act, such court or judge may order that such have been person be summoned to appear before such court or judge, at guilty. the place, day and hour fixed in the summons for hearing the charge. 38 V., c. 7, s. 272.

432. If, at the time fixed by the summons, the party sum- Default. moned does not appear, he shall be condemned, on the evidence already adduced on the trial of the election petition, to pay such fine or undergo such imprisonment in default of payment to which he may be liable for such contravention, in conformity with article 456. 38 V., c. 7, s. 273.

433. If, on the contrary, the party so summoned does appear, Appearance.] the court or judge, after hearing such party and such evidence

as may be adduced, shall give judgment according to law Decision and justice. 38 V., c. 7, s. 274.

434. All fines recovered under the three preceding articles To whom the belong to Her Majesty, and form part of the consolidated fund penalties of the Province 38 V., c. 7, s. 275.

belong.

435. No fine shall be imposed under articles 432 and 433: When no 1. If it appears to the judge or court that the party has penalties are]: already been sued for the same offence; or

2. If the evidence or admission of the offender is the only proof of the offence. 38 V., c. 7, s. 276.

§ 2. Election Expenses.

incurred.

436. Except in respect of the personal expenses of a candi Expenses paid date at an election, no payment, loan or deposit shall be made by agent. by or on behalf of such candidate at any election, before or during or after such election, on account of such election, otherwise than through one or more agents, whose names and addresses have been declared in writing to the returning officer appointed. on or before the nomination day, or through one or more

Agent to be

Penalty.

Publication of names of agents.

New agent.

sented.

agents to be appointed in their place, as provided by article 438.

Any person making any such payment, loan or deposit, otherwise than through an agent appointed under this article or under article 438, shall incur a penalty of two hundred dollars, or imprisonment for six months in default of payment. 38 V., c. 7, s. 278.

437. It is the duty of the returning officer to publish, on or before the nomination day, the name and address of every agent appointed in pursuance of the preceding article. 38 V., c. 7, s. 279.

438. In the event of the death or legal incapacity of any agent appointed in pursuance of article 436, the candidate shall forthwith appoint another agent in his place, by giving notice of the name and address of the person so appointed to the returning officer, who shall forthwith publish the same, as provided by the preceding article. 38 V., c. 7, s. 280.

Delay within 439. All persons who have any charges or claims upon any which claims candidate, for or in respect of any election, shall, within one must be pre-month after the day of the declaration of the election, send in such charges or claims to the agent or agents of the candidate, otherwise such persons shall be barred of their right to recover such charges or claims, or every or any part thereof. c. 7, s. 281.

Extension of delay.

Transmission

38 V.,

440. Nevertheless, in the event of the death, within such month, of any person claiming the amount of any charge or claim, the legal representative of such person shall send in such charge or claim, within one month of his obtaining probate or letters of administration, or of his becoming otherwise authorized to act as such legal representative, otherwise the right to recover such claim shall be barred.

Such claims and accounts shall and may also be sent to the candi- to the candidate, if there is no agent, and so long as there is not within the said month, by reason of death or legal incapacity, an agent of the candidate. 38 V., c. 7, s. 282.

date.

Approval required.

Statement of expenses.

441. The agent shall not pay such accounts, charges or claims, without having first approved them himself, and obtained the approval of the candidate. 38 V., c. 7, s. 283.

442. A detailed statement of all election expenses incurred by or on behalf of any candidate, including such expected payments as aforesaid, shall, within two months after the election, be made out and signed by the agent, or if there are more than one, by every agent who has paid the same, and by the candidate in cases of payments made by him, and deliver

ed, with the bills and vouchers relative thereto, to the returning officer.

If, owing to the death of any creditor, an account has not Supplementabeen sent in, within the two months next after the election, a ry statement. supplementary statement shall be made and delivered as hereinabove prescribed, within one month after such account shall

have been received. 38 V., c. 7, s. 284.

443. The returning officer shall, at the candidate's expense, Publication cause to be published, within fourteen days, an extract of such of statement. statement, with the signature of the agent attached thereto, in the Quebec Official Gazette. 38 V., c. 7, s. 285.

statement.

444. Any agent or candidate, failing to deliver to the re- Penalty for turning officer the statements required by article 442, shall not delivering incur a penalty of two hundred dollars, or imprisonment for six months, in default of payment. 38 V., c. 7, s. 286.

inaccurate

445. Every agent or candidate, wilfully delivering unto the Penalty for returning officer an inaccurate statement, shall incur a penalty delivering of five hundred dollars, or imprisonment for twelve months in statement. default of payment. 38 V., c. 7, s. 287.

446. The returning officer shall preserve all such accounts Account kept. and vouchers, and, during the six months next after they have

been delivered unto him, he shall permit any elector to see

and examine the same, on payment of a fee of twenty cents. Examination. 38 V., c. 7, s. 288.

§3.-Penalties.

&c.

447. Whosoever illegally or maliciously, either by violence or Illegally takstealth, takes from a returning officer, deputy returning officer. ing away poll clerk, or from any officer or person having the lawful writs, lists, custody thereof, or from the place in which they are then lawfully deposited, any list of electors, any copy of or extract from any list of electors, any writ of election, return to a writ of election, report, certificate, affidavit, or any other document or paper prepared or drawn up in conformity with this act, or in compliance with any of the provisions thereof, or

2. Whosoever illegally or maliciously destroys, injures or Illegal deobliterates them, or with deliberate purpose or maliciously struction of causes them to be destroyed, injured or obliterated, or

writ, &c.

3. Whosoever makes, or causes to be made, any erasure, Illegal eraaddition or interpolation of names, in any such documents or sures, &c., papers, or

therein.

4. Whosoever aids, abets or contributes to their being taken, Aiding and destroyed, injured or obliterated, or to the making of erasures, abetting, &c. additions, or interpolations of names therein,

Shall be liable to a penalty not exceeding two thousand Penalty. dollars, or imprisonment for twelve months in default of pay

ment. 38 V., c. 7, s. 289.

Who may sue and before what court.

Allegations required.

Affidavit.

§ 4.-Prosecutions.

448. Every prosecution, concerning a penalty imposed by this act, may be brought by an elector of the electoral district in which the infringement is alleged to have taken place, by an action of debt, before any court in such district, having civil jurisdiction for the amount demanded. 46 V., c. 2, s. 2.

449. It shall be sufficient for the plaintiff in such action or prosecution to allege in the declaration that the defendant is indebted to him in the sum of money which he demands, that the offence, for which the action or prosecution is instituted, has been committed, and that the defendant has acted in contravention of this act, without mentioning the writ of election or the return thereto. 38 V., c. 7, s. 293.

450. No such prosecution shall be instituted, unless, with the præcipe or demand of summons, there be produced an affidavit of the plaintiff, drawn up in accordance with form Z. Security may The defendant in any such prosecution may, before pleadbe required ing, obtain that all proceedings thereon be stayed, until the party prosecuting do furnish such security as may be deemed necessary, in the discretion of the court or judge, or do deposit with the clerk of the court such sum of money as shall be fixed by the court or judge to pay the costs to be incurred in such suit. 38 V., c. 7, s. 294; 46 V., c. 2, s. 3.

and proceedings stayed until furnished.

General evidence.

officer.

451. It shall not be necessary, at the trial of such suit, to produce the writ of election, or the return thereto, or the authority of the returning officer, but parol evidence of these facts shall be sufficient proof of the same.

Certificate of The certificate of the returning officer to that effect shall the returning constitute sufficient proof of the election having been held, and of the fact of any person therein stated to have been a candidate having been such candidate. 38 V., c. 7, s. 295.

To whom the

452. The amount of any penalty, which a defendant shall be penalty shall condemned to pay, shall belong to the prosecutor. 38 V., c. 7, belong. s. 296.

Costs.

Limitation of suits.

453. Unless, for special reasons, the court deem it advisable to order otherwise, the party failing in any such prosecution shall bear the costs thereof, and if such party be the defendant, the costs shall be payable over and above the penalty imposed. 38 V., c. 7, s. 297.

454. Every action or prosecution brought in virtue of this act shall be instituted within twelve months next after the commission of the offence and not later, unless the defendant has, by absconding, withdrawn himself from the jurisdiction of the court.

Such action or prosecution, once begun, shall be continued Continuation and prosecuted without wilful delays. 38 V., c. 7, s. 298. of proceedings.

455. In the event of suspension or delay at any stage of Intervention. the proceedings, the judge or court before whom the cause is pending may permit one or more persons to intervene and carry on such proceedings to judgment and execution; and in that case the penalty and costs shall belong to the intervening party, who shall cause the same to be levied. 38 V., c, 7, s. 299.

default of

payment.

456. If it appears by the return to a writ of execution or Imprisonment by the subsequent proceedings, that the defendant condemned ordered, in to a penalty and costs has no property, or that his property is insufficient to satisfy the judgment, such defendant shall, in virtue of a writ to that end issued by order of the court or of any judge, be imprisoned during the whole period of time specified in the provision of this act under which the penalty is imposed.

Nevertheless, the defendant may procure his release from Discharge. such imprisonment by paying in full the amount of the penalty and interest, together with the costs incurred as well before as after judgment. 38 V., c. 7, s. 300.

§ 5. Fees and Expenses.

457. The following allowances and sums shall be allowed Fees. to the different election officers, for their services and disbursements:

I. TO RETURNING OFFICERS.

1. For the personal services of the returning officer, fifty dollars, whether polls are or are not held;

2. For the personal services of the election clerk, four dollars, or, if polls are held, eight dollars;

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

4. For printing proclamations, lists of candidates, and directions to electors, actual cost;

5. For posting proclamations, actual cost, not exceeding ten cents per mile, for each mile necessarily travelled going and returning ;

6. For each mile necessarily travelled by the returning officer and election clerk, in going to and returning from the place of nomination, actual cost not exceeding ten cents per mile:

7. For posting up notices of voting, appointing and swearing the deputy returning officers, and furnishing them with ballot boxes, ballot papers, printed directions for the guidance