Giving or promising employment. Gift or obtain return Procuring return in consequence. Advancing money to be used in bribery. Demanding bribe of candidate or agent. Receiving money, etc., before or during an election. Or after an election. or corruptly does any such act on account of such voter having voted or refrained from voting at any election; or, (b) directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers or promises any office, place or employment, or promises to procure or to endeavour to procure any office, place or employment to or for any voter, or to or for any other person, in order to induce such voter to vote, or refrain from voting, or corruptly does any such act as aforesaid, on account of any voter having voted or refrained from voting at any election; or, (c) directly or indirectly, by himself or by any other person (e) advances or pays, or causes to be paid, any money to or (g) before or during any election, directly or indirectly, (h) after an election, directly or indirectly, himself or by any other person on his behalf, receives any money or valuable consideration for having voted or refrained from voting, or for having induced any other person to vote or (i) in order to induce a person to allow himself to be nom- Bribery of person, is guilty of the indictable offence of bribery, and liable to im- Penalty. prisonment for a term not exceeding six months, and shall also forfeit the sum of two hundred dollars to any person who sues therefor, with costs: Provided that the actual personal expenses of any candidate, his expenses for actual professional services performed, and bona fide payments for the fair costs of printing and advertising, shall be held to be expenses lawfully incurred, and the payment thereof shall not be a violation of this Act. 63-64 V., c. 12, s. 108. 266. Every candidate who corruptly, by himself or by or Treating of with any other person, or by any other ways or means on his any person by candidate. behalf, at any time, either before or during any election, directly or indirectly gives or provides, or causes to be given or provided, or is accessory to the giving or providing, or pays wholly or in part any expenses incurred for any meat, drink, refreshment or provision to or for any person, in order to be elected or for being elected, or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such election, is guilty of the offence of treating, and shall forfeit the sum of two hundred dollars to Penalty. any person who sues therefor, with costs in addition to any other penalty to which he is liable therefor under any other provision of this Act. 63-64 V., c. 12, s. 110. election. 267. Every candidate or other person who, at an election, Treating either provides or furnishes drink or other refreshment at the voter during expense of such candidate to an elector during such election, or pays for, procures or engages to pay for any such drink or other refreshment, is guilty of an indictable offence and liable. to a penalty not exceeding one hundred dollars, or to imprison- Penalty. ment for a term not exceeding three months, or to both, in the discretion of the court. 63-64 V., c. 12, s. 109. nomination 268. The giving of or causing to be given to any voter Treating on the nomination day or day of polling, on account of such voter on voter having voted or being about to vote, any meat, drink or or polling refreshment, or any money or ticket to enable such voter to days. procure refreshment, shall be deemed an unlawful act, and the person so offending shall forfeit the sum of ten dollars for Penalty. each offence to any person who sues therefor, with costs. 63-64 V., c. 12, s. 111. Undue influence. 269. Every one who, directly or indirectly, by himself or by any other person on his behalf, makes use of, or threatens to make use of, any force, violence, or restraint, or inflicts, or threatens the infliction, by himself, or by or through any other person, of any injury, damage, harm or loss, or in any manner practises intimidation upon or against any person, in order to induce or compel such person to vote for any candidate, or to refrain from voting, or on account of such person having voted for any candidate or refrained from voting at an election, or who, by abduction, duress, or any false or fraudulent pretense, device or contrivance, impedes, prevents or otherwise interferes with the free exercise of the franchise of any voter, or thereby compels, or induces or prevails upon any voter either to vote for any candidate or to refrain from voting at an election, shall be deemed to have committed the offence of undue influence, and is guilty of an indictable offence, and shall, in addition to any penalty thereby incurred, forfeit the sum of two hundred dollars, to any person who sues therefor, with costs. 2. It shall be deemed a false pretense within the meaning interpreted. of this section to represent to a voter, directly or indirectly, that the ballot to be used, or the mode of voting at an election, is not secret. 3 E. VII., c. 19, s. 1. Penalty. False pretense Paying for Penalty. Disqualification of voters offending. Personation. Penalty. 270. The hiring or promising to pay or paying for any horse, team, carriage, cab or other vehicle by any candidate or by any person on his behalf to convey any voter or voters to or from the poll, or to or from the neighbourhood thereof, at any election, or the payment, by any candidate or by any person on his behalf, of the travelling and other expenses of any voter, in going to or returning from any election, are unlawful acts. 2. Every candidate or other person so offending shall forfeit the sum of one hundred dollars to any person who sues therefor. 63-64 V., c. 12, s. 113. 271. Every voter hiring any horse, cab, cart, wagon, sleigh, carriage or other conveyance for any candidate, or for any agent of a candidate, for the purpose of conveying any voter or voters to or from any polling place or places, shall, ipso facto, be disqualified from voting at such election, and shall, for every such offence, forfeit the sum of one hundred dollars to any person who sues therefor. 63-64 V., c. 12, s. 113. 272. Every person is guilty of personation and liable to a penalty not exceeding two hundred dollars and not less than fifty dollars, and to imprisonment for a term not exceeding two years and not less than three months, who, at an election,(a) applies for a ballot paper in the name of some other person, whether such name is that of a person living or dead, or of a fictitious person; or, 118 (b) (b) having voted once at any such election, applies at the same election for a ballot paper in his own name. 63-64 V., c. 12, s. 114. tion. 273. Every person who aids, abets, counsels or procures Subornation the commission by any person of the offence of personation of personashall be liable to a penalty not exceeding two hundred dollars Penalty. and not less than one hundred dollars, and to imprisonment for a term not exceeding two years and not less than three months. 63-64 V., c. 12, s. 115. by candidate 274. Every candidate who corruptly, by himself or by or Subornation with any other person on his behalf, compels or induces or of personaendeavours to induce any person to personate any voter, or to tion or perjury. take any false oath in any matter wherein an oath is required. under this Act, is guilty of an indictable offence, and shall, in addition to any other punishment to which he is liable for such Penalty. offence, forfeit the sum of two hundred dollars to any person who sues therefor. 63-64 V., c. 12, s. 116. 275. Every person who votes or induces or procures any Voting of prohibited person to vote at an election, knowing that he or such person persons. is not entitled to vote thereat, is guilty of an unlawful act, and shall also forfeit the sum of one hundred dollars to any person Penalty. who sues therefor, with costs; and, in any suit for the recovery Burden of proof of of the penalty, the burden of the proof of such person being justification. entitled to vote at the election shall be upon him and not upon the person suing. 63-64 V., c. 12, s. 117. ment of 276. Any person who, before or during an election, know- False stateingly publishes a false statement of the withdrawal of a can- withdrawal didate at such election, for the purpose of promoting or pro- of candidates. curing the election of another candidate, is guilty of an unlawful act, and shall also forfeit the sum of one hundred dollars t Penalty. any person who sues therefor, with costs. 63-64 V., c. 12, s. 118. acts of 277. A candidate shall not be liable, nor shall his election Liability for be voided, for any unlawful act under the two sections next pre- agents. ceding committed by his agent other than his official agent. 63-64 V., c. 12, s. 119. offences to 278. Any wilful offence against any of the thirteen last Certain preceding sections of this Act is a corrupt practice within the be corrupt meaning of this Act. 63-64 V., c. 12, s. 120. practices. 279. Every executory contract, or promise, or undertaking, Contracts or promises rein any way referring to, arising out of or depending upon any lating to election under this Act, even for the payment of lawful expenses, elections void. Effect of corrupt prac tices by candidate. Disqualification of candidate guilty of subornation of personation. Disqualification of others for corrupt practices. by perjury. or the doing of some lawful act, shall be void in law. 63-64 V., c. 12, s. 121. 280. If, on the trial of an election petition, it is proved that any corrupt practice has been committed by or with the actual knowledge and consent of a candidate at an election, or if such candidate is convicted before any competent court of bribery or undue influence, he shall be held guilty of corrupt practices, and he shall during the seven years next after the date of his being so proved or found guilty, be incapable of being elected to or of sitting in the House of Commons, or of voting at any election of a member of that House, or of holding an office in the nomination of the Crown or of the Governor General in Canada. 63-64 V., c. 12, s. 126. 281. If, on the trial of an election petition, a candidate or other person is found by the report of the judge, by himself or by his agent, with his actual knowledge and consent, to have aided, abetted, counselled or procured the commission at such election of the offence of personation by any person, he shall be incapable of being elected to or sitting in the House of Commons for any electoral district during the continuance of the Parliament for which the election is held, and during the then next Parliament. 63-64 V., c. 12, s. 128. 282. Every person other than a candidate found guilty of any corrupt practice in any proceeding in which, after notice of the charge, he has had an opportunity of being heard, shall, during the eight years next after the time at which he is found guilty, be incapable of being elected to or of sitting in the House of Commons, or of voting at any election of a member of the House of Commons, or of holding any office in the nomination of the Crown or of the Governor General in Canada. 63-64 V., c. 12, s. 129. Removal of 283. If, at any time after a person has become disqualified disqualification procured under this Act, the witnesses, or any of them, on whose testimony such person has so become disqualified, are convicted of perjury with respect to such testimony, such person may move the court before which such conviction takes place to order, and such court shall, upon being satisfied that such disqualification was procured by reason of such perjury, order that such disqualification shall thenceforth cease and determine; and it shall cease and determine accordingly. 63-64 V., c. 12, s. 130. Procedure. Recovery of 284. All penalties and forfeitures, except in cases of indictpenalties and able offences and offences made punishable on summary convicforfeitures. tion, imposed by this Act shall be recoverable or enforceable with full costs of suit by any person who sues therefor by action 120 of |