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Costs

Penalties

5. Upon the completion of the recount or as soon as he has thus ascertained the result of the voting the judge shall seal up all the ballot papers in separate packets and shall forthwith certify the result to the secretary treasurer who shall thereupon by notice to be posted in his office declare elected the candidate having the highest number of votes; and in case of an equality of votes the secretary treasurer shall have the casting vote;

6. Nothing in this section contained shall prevent or affect any remedy which any person may have under the provisions contained in The Controverted Municipal Elections Act by proceedings in the nature of quo warranto or otherwise. 1908, c. 17, s. 151.

152. All costs, charges and expenses of and incidental to an application for a recount and to the proceedings consequent thereon shall be defrayed by the parties to the application in such manner and in such proportion as the judge may determine regard being had to any costs, charges or expenses which in the opinion of the judge have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the applicant or the respondent.

(2) The costs shall be on the district court scale and may if the judge so orders be taxed in the same manner and according to the same principles as costs are taxed between solicitor and client.

(3) The payment of any costs ordered by the judge to be paid may be enforced by execution to be issued upon filing the order of the judge and a certificate showing the amount at which the costs were taxed and an affidavit of the nonpayment thereof. 1908, c. 17, s. 152.

153. No person shall:

(a) Without due authority supply any ballot paper to any person; or

(b) Fraudulently put into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(c) Fraudulently take out of the polling place any ballot paper; or

(d) Without due authority destroy, take, open or otherwise interfere with any ballot box or packet of ballot papers then in use for the purpose of the election; or

(e) Apply 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 advise or abet,

counsel or procure any other person so to do; but this provision shall not be construed as including a person who applies for a ballot paper believing that he is the person intended by the name entered on the voters' list in respect of which he so applies; or (f) Having voted once and not being entitled to vote again at an election apply at the same election for a ballot paper in his own name or advise or abet, counsel or procure any other person so to do. (2) No person shall attempt to commit any offence specified in this section.

(3) A person guilty of any violation of this section shall be liable on summary conviction before a justice of the peace if he is the returning officer to imprisonment for any term not exceeding two years with or without hard labour; and if he is any other person to imprisonment for a term not exceeding six months with or without hard labour. 1908, c. 17, s. 153.

154. Every returning officer or poll clerk who is guilty of Penalties any wilful misfeasance or any wilful act or omission in contravention of sections 108 to 161 inclusive hereof 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 $200. 1908, c. 17, s. 154.

155. Every officer, clerk and agent in attendance at a Secrecy of polling place shall maintain and aid in maintaining the voting secrecy of the voting at the polling place.

(2) No officer, clerk or agent and no other person shall interfere with or attempt to interfere with a voter when marking his ballot paper or shall otherwise attempt to obtain at the polling place information as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted.

(3) No officer, clerk, agent or other person shall communicate at any time to any person any information obtained at a polling place as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted.

(4) Every officer, clerk and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate or attempt. to communicate any information obtained at such counting as to the candidate or candidates for whom any vote is given. (5) No person shall directly or indirectly induce a voter to display his ballot paper after he has marked the same so

Secrecy of vote

Candidates and agents

Errors not affecting result

Expenses

as to make known to any person the name of any candidate or candidates for whom he has or has not marked his ballot paper.

(6) Every person who acts in contravention of any of the provisions of this section shall be liable on summary convietion before a justice of the peace to imprisonment for any term not exceeding six months with or without hard labour. 1908, c. 17, s. 155.

156. No person who has voted at an election shall be required to state for whom he has voted in any legal proceedings to question the election or returns or otherwise relating thereto. 1908, c. 17, s. 156.

157. A candidate may himself undertake the duties which any agent of his might have undertaken or he may assist his agent in the performance of such duties and may be present at any place at which his agent is by this Act authorised to attend; but no candidate shall be present at the marking of a ballot for a voter under section 124 hereof. 1908, c. 17, s. 157.

158. When in the sections of this Act relating to elections of mayor or councillors expressions are used requiring or authorising any act or thing to be done or implying that any act or thing is to be done in the presence of the agents of a candidate or candidates such expressions shall be deemed to refer to the presence of such agents as are authorised to attend and as have in fact attended at the time and place where such act or thing is being done; and if the act or thing is otherwise duly done the nonattendance of any agent at such time and place shall not invalidate it. 1908, c. 17, s. 158.

159. No election shall be declared invalid by reason of noncompliance with the provisions of this Act as to the holding of the polls or the counting of the votes or by reason of any mistake in the use of any of the forms contained in this Act or by reason of any other irregularity if it appears to the tribunal having cognisance of the question that the election was conducted in accordance with the principles laid down in this Act and that such noncompliance, mistake or irregularity did not affect the result of the election. 1908, c. 17, s. 159.

160. All reasonable expenses incurred at any election. under this Act shall be paid by the treasurer out of the funds of the town upon the production to him of proper accounts verified in such manner as the council may direct. 1908, c. 17, s. 160.

The Contro

Municipal

161. The secretary treasurer shall prior to every election Notice under or the voting upon any bylaw furnish the returning officer with verted at least two copies of sections 3 and 4 of The Controverted Elections Municipal Elections Act and it shall be the duty of the officer Act presiding at every polling place to post the same in conspicuous places at his polling place and see that they are so kept posted during polling hours. 1908, c. 17, s. 161.

SCHOOL TRUSTEES.

school

162. The boards of high school, public school and separate Notice from school trustees of the town shall give notice to the secretary boards treasurer on or before the fifteenth day of November in each year of the number of vacancies required to be filled to make the school boards complete. 1908, c. 17, s. 162.

and election

163. When notice has Leen given to the secretary treasurer Nomination as provided in the next preceding section the nomination and election of school trustees shall be held at the same time and place and by the same officers and shall be conducted in the same manner as the nomination and election of mayor and councillors. 1908, c. 17, s. 163.

procedure as

164. All the provisions in this Act contained respecting Same the election and qualification of councillors and the qualifica- councillors tions of electors and the voting at elections shall mutatis mutandis apply to the election of school trustees. 1908, c. 17, s. 164.

school

165. In the lists of qualified voters to be delivered to the separate returning officer by the secretary treasurer before the opening supportersof the poll the secretary treasurer shall place opposite the names of any persons on the said list who are assessed on the last revised assessment roll as supporters of separate schools the letters "SSS"; and no returning officer shall deliver to any such person a ballot paper for the public school trustees. 1908, c. 17, s. 165.

166. In case any objection is made to the right of any oath person to vote at any election of school trustees the officer presiding at the poll shall require the person whose right of voting is objected to to take the oaths required by section 117 hereof. 1908, c. 17, s. 166.

167. Separate sets of ballot papers shall be prepared by Form of the returning officer at each election for the trustees of each ballot of the high, public and separate schools containing the names of the candidates nominated for school trustees in the same form as those used for the election of councillors except that

the words "high (or public or separate) school trustee" shall be substituted for the word "councillor" thereon. 1908, c. 17, s. 167.

Local extent

Raising

revenue

Temporary loans

Exemption from taxation Compromising taxes

Payment of taxes

Cruelty to animals

PART IV.

Powers and Duties of the Council.

168. The jurisdiction of the council shall be confined to the limits of the town except where authority beyond the same is expressly given by this or any other Act. 1908, c. 17, s. 168.

169. The council of every town may pass bylaws for:

1. Raising of its revenues by assessment on (a) lands, (b) businesses, (c) income, and (d) special franchises;

2. Authorising the mayor to borrow such sum of money as may be required to meet the expenditure of the town until such times as the taxes levied therein can be collected but such amount shall not exceed three-quarters of the estimated amount of taxes of the town for the then current year;

3. Exemption from taxation for the then current year; 4. Compromising upon such terms as may be agreed upon for the payment of arrears of taxes;

5. Compelling the payment of taxes before voting;

6. The prevention of cruelty to animals not inconsistent with any public Statute or Act;

Agricultural 7. Granting aid to agricultural societies or to boards of trade or incorporated mechanics' and literary institutes;

societies

Poor relief

Police

Public health

Scavengers

Planting trees

Census

8. The relief of the poor;

9. Appointing policemen, a license inspector and regulating and defining their duties and their remuneration;

10. Providing for the health of the town and against the spreading of contagious or infectious diseases and appointing and defining the duties of a health officer;

11. The making of provisions for the proper scavenging of the town and licensing and regulating scavengers and fixing a schedule of rates to be charged by scavengers;

12. Providing for planting and protecting trees on highways and other public places;

13. Taking the census of the town;

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