X.

FORM MENTIONED IN ARTICLE 348.

Oath of the Deputy Returning Officer after the closing of the Poll.

I, the undersigned, deputy returning officer for the voting subdivision of in the electoral district of do solemnly swear (or, if he be one of the persons permitted by law to affirm in civil cases, do solemnly affirm,) that, to the best of my knowledge and belief, the poll book kept for such voting subdivision, under my direction, has been so kept correctly; and that the total number of votes polled in the book is ; and that, to the best of my knowledge and belief, it contains a true and exact record of the votes given at the poll in this voting subdivision, as the said votes were taken thereat; that I have faithfully counted the votes given for each candidate, in the manner by law provided, and performed all duties required of me by law, and that the report, packets of ballot papers, and other documents required by law to be returned by me to the returning officer, have been faithfully and truly prepared, and placed within the ballot box, as this oath (or affirmation) will be, to the end that the said ballot box, being first carefully sealed with my seal, may be transmitted to the returning officer according to law.

XX.

FORM MENTIONED IN ARTICLE 348.

Oath of the Poll Clerk after the closing of the Poll.

I, the undersigned, poll clerk for the voting subdivision of , in the electoral district of do solemnly swear (or, if he be me of the persons permitted by law to affirm in civil cases, do solemnly affirm), that the poll book in and for this voting subdivision, kept under the direction of G. H., who has acted as deputy returning officer therein, has been so kept by me, correctly and to the best of my skill and judgment; and that the total number of votes polled in this book is

; and that, to the best of my knowledge and belief, it contains a true and exact record of the votes giving at the poll in this voting subdivision, as the votes were taken at this poll by the deputy returning officer.

Y.

FORM MENTIONED IN ARTICLE 358.

Certificate of Election.

I hereby certify that the member elected for the electoral district of in pursuance of the writ of election, as having received the majority of votes lawfully given is A. B., etc., (names, etc., as in the nomination paper.)

I, M. N., plaintiff in this cause, being duly sworn upon the Holy Evangelists, declare that, in the present cause, I am not acting in collusion with the defendant, and that I do not prosecute for the purpose of preventing such action or prosecution being instituted by any other person, or for the purpose of delaying or causing such action to miscarry, or for the purpose of saving such defendant from the payment of the whole or any part of such penalty, or of procuring to him any advantage, but that I institute such prosecution or action in good faith, and for the purpose of recovering, exacting and enforcing the payment of such penalty with all practicable celerity.

CHAPTER THIRD.

CONTROVERTED ELECTIONS OF MEMBERS OF THE LEGISLATIVE

ASSEMBLY.

SECTION I.

INTERPRETATIVE PROVISIONS.

464. This chapter may be designated and cited as "The Citation of Quebec Controverted Elections' Act," or "Controverted Elec- act. tions' Act." 38 V., c. 8, s. 1.

465. All elections which take place after the coming into Application. force of these Revised Statutes shall be subject to the provisions of this act, and their validity shall only be contested in conformity with the provisions thereof. 38 V., c. 8,

8. 3.

tion.

466. In interpreting this act, unless it be otherwise Interpretaprovided, or unless there be something in the context of the provisions thereof indicating a different meaning or requiring another construction :

1. The word "judge" means any one of the judges of the Judge. Superior Court of the Province, or such Superior Court held by any one judge thereof;

2. The word "member" means any person elected to serve Member. as one of the members of the Legislative Assembly of the

Province;

3. The word "election" means the election of a member to Election. serve in the Legislative Assembly of the Province;

4. The expression "electoral district" means any county, or Electoral other place or portion of this Province, entitled to return a district. member to the Legislative Assembly;

5. The word "candidate" means the person elected as mem- Candiber at any election, and any person nominated as a candidate date. at such election ;

6. The term "corrupt practice" means any act declared Corrupt such by article 407, or by any other act of the Legislature of practice. the Province;

7. The word "rule" means all rules to be made as prescribed Rule. by article 475;

8. The word "prescribed" means prescribed by this act, Prescrib or ordained by some rule made thereunder;

ed.

9. The word "prothonotary" includes the "deputy protho- Prothononotary." 38 V., c. 8, s. 4

tary.

Speaker.

Election petition.

Delay.

467. For the purpose of this act, the expression “the Speaker" means the Speaker of the Legislative Assembly.

When the office of Speaker is vacant, or when the Speaker is absent from the Province, or is unable to act, the clerk of the Legislative Assembly, or any other officer, for the time being, discharging the duties of the clerk of the Legislative Assembly, shall be deemed to be substituted for and included in the expression "the Speaker." 38 V., c. 8, s. 5.

468. An "election petition" is a petition complaining of an undue return, or undue election of a member, or of no return, or of a double return, or of any unlawful act by any candidate not returned, by which he is alleged to have become disqualified to sit in the Legislative Assembly, or of the conduct of any returning officer or deputy returning officer. 38 V., c. 8, s. 6.

469. If the delay established by this act for the institution of any proceeding or the accomplishment of any matter expires or falls upon a holiday, such delay shall be extended to the next following day not a holiday, and such matter may be performed on such following day. 38 V., c. 8, s. 7.

SECTION II.

Jurisdiction

JURISDICTION OF THE SUPERIOR COURT.

470. The Superior Court of this Province shall have jurisover election diction over election petitions, and over all proceedings to be petitions. had in relation thereto, subject nevertheless to the provisions of this act. 38 V., c. 8, s. 9.

Cause of action.

Place of trial

471. The cause of action shall be deemed to have arisen at the place where the election was held.

The election petition shall be presented and tried in the and hearing. judicial district in which such place lies; but the final hearing shall take place before the Superior Court sitting in review, in conformity with articles 541 and following of this act. 38 V., c. 8, s. 10.

Precedence.

Powers of judge.

Officers of court.

472. Proceedings under this act shall have precedence over all other causes or proceedings.

In all proceedings, the judge, in term or in vacation, shall have the same powers, jurisdiction and authority as the Superior Court sitting in term, subject always to the provisions of this act. 38 V., c. 8, ss. 11 and 12.

473. The various officers of the Superior Court shall, with reference to all election petitions, have the same powers and be subject to the same obligations, as if such petition were an ordinary suit, within the jurisdiction of the Superior Court. 38 V., c. 8, s. 13.