until furnish

the party prosecuting do furnish such security as may be ings stayed deemed necessary, in the discretion of the court or judge, ed. 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. 40 V., c. 2, s. 3.

evidence.

373. It shall not be necessary, at the trial of such suit, General to produce the writ of election, or the return thereto, nor the authority of the returning officer, but parol evidence of these facts shall be sufficient proof of the same.

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

374. With the exception of the case provided for in article To whom the 355, the amount of any penalty which a defendant shall penalty shall belong. be condemned to pay, shall belong to the prosecutor, 38 V., c. 7, s. 296.

375. Unless for special reasons, the court deem it Costs. 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.

376. Every action or prosecution, brought in virtue of Limitation. 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within twelve months next after the commission of the offence and not later, unless the defendant has, by absconding, withdrawn himself from the jurisdiction of the court.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. ings.

of proceed

377. 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, saving always the case provided for in article 355, shall belong to the intervening party, who shall cause the same to levied. 38 V., c. 7, s. 299.

default of

378. If it appear by the return to a writ of execution, Imprisonment or by the subsequent proceedings, that the defendant, con- ordered, in demned to a penalty and costs, has no property, or that his payment. 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

Discharge.

Fees.

whole period of time specified in the provision of this act, under which the penalty was imposed.

Nevertheless the defendant may procure his release from 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.

379. The following allowances and sums shall be allowed to the different election officers, for their services and disbursements;

To Returning Officers.

1. For the personal service 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 be 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 of electors, and lists of electors, actual cost not exceeding ten cents for each mile, necessarily travelled going and returning;

8. For establishing voting subdivisions, when such divisions have not been made by the local authorities, actual cost, not exceeding ten cents for each mile, necessarily travelled going and returning;

9. For copies of lists of electors duly certified by the legal custodian thereof, three cents for each ten electors;

10. For each certificate of such custodian, fifty cents; 11. For collecting the ballot boxes and lists of electors, used at each poll, and swearing the deputy returning officers after the close of the polling, actual cost not exceeding ten cents for each mile, necessarily travelled going and returning.

12. For transmitting returns to the Clerk of the Crown in Chancery, including postage and telegrams, actual cost; 13. For use, when a public building is not obtainable,

of private building for nomination, actual cost, not exceeding four dollars;

14. For ballot boxes, when furnished by him, and for ballot papers, and for any other disbursements absolutely required and not hereinbefore provided for, actual disbursements;

To Deputy Returning Officers.

15. For swearing the poll clerk before and after the polling, one dollar;

16. For his services, four dollars;

17. For services of poll clerk, two dollars;

18. For services of a constable, if considered necessary, one dollar :

19. For mileage of deputy returning officer and poll clerk, in going to and returning from the poll, neither exceeding in any case 20 miles, actual cost, not exceeding ten cents per mile;

20. Actual expenses incurred for the use of polls, not exceeding ten dollars in cities, nor four dollars in other electoral districts;

21. For making compartment or screen in the poll house, if necessary, a sum not exceeding three dollars. 38 V., c. 7, s. 301.

tain localities.

280. The Lieutenant Governor in council may, if he be of Additional opinion that the fees and allowances above mentioned are sums for cernot sufficient for the services required in the electoral districts of Gaspé, and of Chicoutimi and Saguenay, authorize the payment of such additional sums, as he shall deem just. 38 V., c. 7, s. 302.

381. The Lieutenant Governor in council may, if he New tariff. deem the tariff, prescribed by article 379, not suitable or sufficient, make a new tariff of fees, costs and expenses, to be paid to the different election officers.

He may also, from time to time, revise and amend such. tariff, which shall be substituted at any election subsequent to that herein before mentioned.

A copy of every tariff, and of any amendment to any tariff made under this article, shall be submitted to the Legislative Assembly, at the then next session of the Legislature. 38 V., c. 7, s. 303.

382. Such fees, disbursements and allowances are paid Payment of to the returning officer, out of the consolidated revenue fund fees, &c. of the Province, and shall be by him apportioned among the different officers and persons entitled thereto.

The returning officer shall report respecting such distri- Report. bution, through the provincial secretary. 38 V., c. 7, s. 304,

No fees for going to take oath

Distribution

directions.

383. Nevertheless, no returning officer, election clerk, deputy returning officer, or poll clerk shall be entitled to the costs or expenses incurred by him on going to the person, before whom he must take any oath required of him. 38 V., c. 7, s. 305.

SECTION FIFTH.

FINAL PROVISIONS.

384. A copy of this second chapter of this title, and of of this act and the directions approved by the Lieutenant Governor in council, which may be necessary for the due conduct of elections under this chapter, with a detailed alphabetical index placed in the beginning thereof, for the returning officer, and one for each of his deputy returning officers, shall be transmitted, together with the writ of election, to each returning officer in the Province. 38 V., c. 7, s. 307.

Ballot boxes

tion.

. 385. The Clerk of the Crown in Chancery may, for the for first elec- first election, cause to be made, for each electoral district, as many ballot boxes, as shall be required or may give such directions to the returning officers, as he shall deem necessary, to procure ballot boxes of uniform size and pattern, as also in relation to the mode of making compartments in the poll.

Directions

Such directions shall have been previously approved by the Lieutenant Governor in council. 38 V., c. 7, s. 308.