&c.. with same view; Same acts to promote an election; Work at such reason of such agrees to give or procure, or offers or promises any office, place or employment, or promises to procure, or endeavors to procure any office, place or employment, to or for any elector, or to or for any other person in order to induce such elector to vote, or refrain from voting, or corruptly does any such act as aforesaid, on account of any elector having voted or refrained from voting at any election, 3. Every person, who directly or indirectly, by himself, or by any other person on his behalf, makes any gift, loan, offer, promise, procurement or agreement as aforesaid, to or for any person, in order to induce such person to procure or endeavor to procure the return of any person to serve in the Legislative Assembly, or the vote of any elector at any election, 4. Every person who, upon or in consequence of any such election by gift, loan, offer, promise, procurement or agreement, procures, or promises or endeavors to procure the return of candiany date to the Legislative Assembly or the vote of an elector at any election, acts; Advance and payment of money to corrupt; Bribery. Legal expenses. Voters receiv before or 5. Every person who advances or pays, or causes to be paid any money to, or to the use of any other person, with the intent that such money or any part thereof shall be expended in bribery, or corrupt practices, at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery or corrupt practices at any election, Shall be deemed guilty of bribery and shall be punishable accordingly. 38 V., c. 7, s. 249. 409. Nevertheless, the actual personal expenses of any candidate, his expenses for professional services really rendered, and reasonable sums paid in good faith for necessary printing and advertisements, shall be deemed to be expenses lawfully incurred, the payment whereof shall not constitute a breach of this act. 38 V., c. 7, s. 250. 410. Every elector who, before or during any election, ing gifts, &c., directly or indirectly, himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment, for himself or any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting, at any election, during an election, Or after an election. Bribery. 2. Every person, who, after any election, directly or indirectly, himself or by any other person on his behalf, receives any money, gift, loan, or valuable consideration, office, place or employment, for having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election, Shall be deemed guilty of bribery and shall be punishable accordingly. 38 V., c. 7, s, 251, 411. Whosoever, to induce a person to allow himself to be Bribery in nominated as a candidate, or to refrain from becoming a can- relation to a didate, or to withdraw if he have so become, 1. Shall give or lend money, or valuable consideration whatever, or shall agree to give or lend, or shall offer or promise, or shall promise or try to procure for such person, or for any other person, money or valuable consideration whatever, or 2. Shall give or procure any office, place or employment, or shall agree to give or procure, or shall offer or promise, or shall promise to procure or endeavor to procure such office, place or employment for such or any other person, Shall be deemed guilty of bribery and punishable accordingly. 38 V., c. 7, s. 252. candidate. or not to be a 412. Whosoever, in consideration of any gift, loan, offer, Receiving promise or agreement, as mentioned in the preceding article, money to be shall allow himself to be nominated, or refuse to allow him- candidate is self to be so nominated, or shall withdraw if he have been so bribery. nominated, shall be deemed guilty of bribery and be punishable accordingly. 38 V., c. 7, s. 253. 413. Any candidate or his agent who takes any bet or Wagers forwager concerning, or in relation to any election, with a quali- bidden. fied elector shall, as shall also such elector, be deemed guilty of bribery and shall be punishable accordingly. 38 V., c. 7, S. 254. 414. Any person guilty of any of the acts of bribery men- Penalty. tioned in articles 408, 410, 411, 412 and 413, shall be liable to a penalty of two hundred dollars, or imprisonment for six months in default of payment. 38 V., c. 7, s. 255. 415. Every candidate, who corruptly, by himself or by or Treating by a with any person, or by any other ways or means on his behalf candidate. at any time, either before, during or after 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, refreshments or provisions 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, shall be deemed guilty of the offence of treating, and shall be liable to a penalty of two hundred dollars, or imprisonment for six months in default of payment. Penalty. On the trial of an election petition, there shall be struck off, votes struck from the number of votes given for such candidate, one vote off. for every person who shall have so voted, and is proved on such trial to have corruptly accepted or taken any such meat, drink, refreshments or provisions. 38 V. c. 7, s. 256. Treating. Penalty. Undue influence. Penalty. Subornation. Penalty. Personation. Penalty. 416. The giving, or causing to be given, to any elector on the nomination day or day of voting, on account of such elector having voted or being about to vote, any meat, drink or refreshments, or any money or ticket, to enable such elector to procure refreshments, shall be deemed an unlawful act; and whosoever shall have been guilty of such unlawful act shall for each offence be liable to a penalty of ten dollars, or imprisonment of one month in default of payment. 38 V., c. 7, s. 257. 417. Every person, 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 of employment, or in any manner practises intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, and 2. Every person, who, by abduction, duress, or any fraudulent device or contrivance, impedes, prevents, or otherwise interferes with the free exercise of the franchise of any elector, or thereby compels, induces or prevails upon any elector either to give or refrain from giving his vote at any election, Shall be deemed to be guilty of the offence of "undue influence," and shall be punishable accordingly by a penalty of two hundred dollars, or imprisonment for six months in default of payment. 38 V., c. 7, s. 258. 418. Every person, who, in any manner, induces or coustrains, or attempts to induce or constrain any one to take a false oath, in any matter in which an oath is required in virtue of the present act, shall, for the purpose of this act, over and above any other punishment to which he may be liable for such offence, be liable to a fine of two hundred dollars, or an imprisonment of six months in default of payment. 38 V., c. 7, s. 259. 419. Whosoever, during the voting at an election, applies for a ballot paper, or presents himself to vote, in the name of some other person, whether such name be that of a living, dead, or fictitious person, 2. Whosoever, having already voted at an election, applies during the same election for another ballot paper in his own name or presents himself again to vote, 3. Whosoever aids, incites, counsels or facilitates the commission, by any person whomsoever, of any infraction of the provisions of this article, Shall be deemed to be guilty of the offence of personation and shall be punishable accordingly by a penalty of five hundred dollars, or imprisonment for six months in default of payment. 38 V., c. 7, s, 260. of voters. 420. The hiring or promising to pay or paying for any Conveyance horse, team, carriage, cab or other vehicle, by any candidate or by any other person on his behalf, to convey electors to or from the poll, or to or from the neighborhood 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 elector, in going to or returning from any election, are unlawful acts. And whosoever so offends shall be liable to a fine of one Penalty. hundred dollars, or imprisonment for three months in default of payment. 38 V., c. 7, s. 261. 421. Whosoever lets or takes to hire any horse, cab, cart, Hiring of wagon, sleigh, carriage or other conveyance for any candi- vehicles. date or for any agent of a candidate, for the purpose of conveying electors to or from the polls, shall, for every such offence, be liable to a penalty of one hundred dollars, or imprison- Penalty ment for three months in default of payment. 38 V., c. 7, s. 262. 422. Saving the case of article 338, no person shall be Obligation to excused from answering any question put to him in any answer. action, suit or other proceeding in any court, or before any judge, commissioner or other tribunal, touching or concerning any election, or the conduct of any person thereat, or in relation thereto, on the ground that the answer to such question tends to expose him to any prosecution or condemnation under this act. But no answer given by any such person shall be used to his Protection. prejudice in any civil proceeding against such person, if the judge, commissioner, or court have given to the witness a certificate that he claimed the right to be excused from answering on the aforesaid ground, and made full and true answers to the satisfaction of the judge, commissioner or court. 38 V.. c. 7, s. 263. 423. Every elector who, at any election, shall have been Loss of right guilty of any corrupt practice, or who shall have been a party to to vote. the commission of such act, shall, ipso facto, be deprived of his right to vote at such election. 38 V., c. 7, s. 264. off. 424. At the trial of any election petition, one vote for each Votes struck person proved to have voted, after having been guilty of any corrupt practice, at the instigation of the candidate, of any of his agents, or of any other person acting in the name or in the interest of such candidate, shall be struck from the number of votes given in favor of such candidate. 38 V., c. 7, s. 265. Nullity of certain contracts. Proviso. Consequence of corrupt 425. Every contract, promise, or undertaking, in any way referring to, arising out of, or depending upon, any election under this act, even for the payment of lawful expenses, or the doing of some lawful act, shall be void in law. But this provision shall not enable any person to recover back any money or other consideration paid for lawful expenses connected with such election. 38 V., c. 7, s. 266. 426. If it is proved before any court or judge for the trial of commission of election petitions that any corrupt practice has been compractice by a mitted, by or with the actual knowledge and consent of any candidate at an election, his election, if he has been elected, shall be void. candidate. Incapacity for seven years. If corrupt agent. Such candidate shall, during the seven years next after the date of such decision, be incapable of being elected to, or of sitting in the Legislative Assembly, 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 Lieutenant-Governor in the Province. 38 V., c. 7, s. 267. 427. If it is found by the report of any court or judge for practice be by the trial of election petitions, that any corrupt practice has been committed by any one or more of the agents of any candidate at an election, whether with or without the actual knowledge and consent of such candidate, the election of such candidate, if he has been elected, shall be void. 38 V., c. 7, s. 268. Effect of employing a disqualified canvasser at any election. Incapacity for seven years of victed of corrupt practices. 428. If, on the trial of any election petition, any candidate is proved to have personally engaged, at the election to which such petition relates, as a canvasser or agent in relation to the election, any person, knowing that such person has within three years previous to such engagement been found, in virtue of the provisions of this act, guilty of any corrupt practice, by any competent legal tribunal, or by the report of any judge or other tribunal for the trial of election petitions, the election of such candidate, if he has been elected, shall be void. 50 V., c. 10, s. 1. 429. Any person, other than a candidate, found, in virtue of the provisions of this act, guilty of any corrupt practice in persons con- any proceeding in which, after notice of the charges, he has had an opportunity of being heard, shall, during the seven years next after the time at which he is so found guilty, be incapable of being elected to and of sitting in the Legislative Assembly, and of voting at any election of a member of such House, or of holding any office in the nomination of the Crown or of the Lieutenant-Governor in the Province. c. 10, s. 1. 50 V., |