Notice of return to be published in Gazette Fees to officers, etc. To be paid by warrant Reasonable extraordinary services thereupon open the said ballot boxes and destroy the ballots therein with fire. No. 11 of 1897, s. 117, (1). 119. The clerk of the Executive Council (on receiving the return from the returning officer of the name of the candidate elected if no poll has been held or if a poll has been held on receiving from the sheriff the certificate mentioned in the last preceding section) shall as soon as he can conveniently do so give notice in the official gazette of the Territories of the name of the candidate elected and shall also give notice to the clerk of the Legislative Assembly. No. 11 of 1897, s. 117, (2). FEES AND EXPENSES OF RETURNING OFFICERS, ETC. 120. Except as hereinafter provided the fees in tariff C in schedule 3 to this Ordinance mentioned in respect to the several matters therein contained and no others shall be allowed to the several officers and persons therein mentioned respectively, for the services and disbursements in the said schedule mentioned. No. 11 of 1897, s. 118. 121. The said fees, allowances and disbursements, together with reasonable expenses incurred for services rendered under this Ordinance shall be paid over by warrant of the Lieutenant Governor directed to the Territorial Treasurer out of the general revenue fund of the Territories; and shall be distributed to the several officers and persons entitled to the same under the provisions of this Ordinance through the said Treasurer. No. 11 of 1897, s. 119. 122. Anything to the contrary in this Ordinance notwithexpenses for standing, the Lieutenant Governor may direct the payment by his warrant aforesaid out of the general revenue fund of such sums (over and above the allowance authorised by the two next preceding sections of this Ordinance) as may be required to pay the expenses reasonably incurred by any person for services rendered under this Ordinance and also reasonable fees and allowances for any extraordinary services rendered by any person thereunder. No. 11 of 1897, s. 120. Acts prohibited Give, etc.. consideration to induce voter to vote or refrain from voting Give place or to induce PENALTIES. 123. No person shall directly or indirectly by himself or by any other person on his behalf do or commit any of the following acts: 1. Give, lend or agree to give or lend or offer or promise any money or valuable security or promise to procure or endeavour to procure any money or valuable consideration to or for any voter or to or for any other person in order to induce any voter to vote or refrain from voting at any election; 2. Give or procure or agree to give or procure or offer or employment promise any office, place or employment or promise to procure voter to vote or to endeavour to procure any office, place or employment to from voting or for any voter or to or for any other person in order to or refrain induce any voter to vote or refrain from voting at any election; etc., in order return of 3. Make any gift, loan, offer, promise, procurement or agree- Make gift, ment as aforesaid to or for any person in order to induce such to procure person to procure or endeavour to procure the return of any any person person as a member of the Legislative Assembly or the vote of any voter at any election; money for above 4. Advance or pay or cause to be advanced or paid any Advance, etc., money to or for the use of other any with the intent person that such money or any part thereof shall be expended for any purposes of the purposes mentioned in the preceding parts of this section or knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended for any of the said purposes; force, etc., to refrain from 5. Make use of or threaten to make use of any force, violence Make use of or restraint or inflict or threaten the infliction by himself or by induce voter or through any other person of any injury, damage, harm or to vote or loss or in any manner practice intimidation upon or against voting 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 or by abduction, duress or any fraudulent device or contrivance impede, prevent or otherwise interfere with the free exercise of the franchise of any voter or thereby compel, induce or prevail upon any voter either to give or refrain from giving his vote at any election. (2) Any person convicted of a breach of this section shall be Penalty liable to a penalty not exceeding $200. No. 11 of 1897, s. 121; No. 4 of 1898, s. 22. to pay, etc., incurred for meat, etc., in order to be 124. No candidate shall by himself or by or with any other No candidate person or by any other ways or means on his behalf at any for expenses time either before or during any election directly or indirectly give or provide or cause to be given or provided or be accessory elected to the giving or providing or pay wholly or in part any expense 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 influencing such person or any other person to give or refrain from giving his vote at such election; and any Penalty such candidate convicted of contravening this section shall be liable to a penalty not exceeding $200. No. 11 of 1897, s. 122. to pay for 125. No candidate shall nor shall any person on his behalf No candidate hire, promise to pay or pay for any horse, team, carriage or horse hire other vehicle to convey any voter or voters to or from the poll or to or from the neighbourhood thereof at any election or pay or promise to pay the travelling or other expenses of any voter in going to or returning from any election and any person Penalty convicted of contravening this section shall be liable to a penalty not exceeding $100. No. 11 of 1897, s. 123. 126. If any court, judge or other tribunal sitting or holding Election shall an inquiry under The Controverted Elections Ordinance reports be voided for andidate illegal acts of to the clerk of the Executive Council that any candidate at an election has by himself or by his agent whether with or without the actual knowledge and consent of such candidate committed any act in contravention of sections 123, 124 or 125 of this Ordinance, the election of such candidate (if he has been elected) shall be an undue election and shall be void and shall be set aside and a new writ of election shall be issued to fill the vacancy so created unless such court, judge or other tribunal certifies that another candidate was duly elected at such election in the stead of the candidate whose election is so voided. No. 11 of 1897, s. 124. Illegal acts by voter Receive, etc., to vote or refrain from voting Receive 127. No person shall before or during any election directly or indirectly himself or by any other person on his behalf do or commit any of the following acts: 1. Receive, agree, contract or ask for any money, gift, loan or consideration 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; 2. Receive or ask for any money or valuable consideration consideration for having voted or refrained from voting or for having induced any other person to vote or refrain from voting at any election; 3. Hire or offer for hire any horse, team, carriage or other vehicle to any candidate or to any agent of any candidate for the purpose of conveying any voter or voters to or from the polling place or to or from the neighborhood thereof: for having voted Hire horse to candidate or agent Penalty Failure of officials to carry out duty Penalty Improper use of stamp Improper conduct of voter (2) Any person convicted of a breach of this section shall be liable to a penalty not exceeding $200. No. 11 of 1897, s. 125; No. 4 of 1898, s. 23. 128. Any person appointed as returning officer, election. clerk, deputy returning officer or poll clerk, who fails to carry out any of the duties imposed upon him by this Ordinance or who contravenes any of its provisions shall be liable to a fine not exceeding $500 and costs or to imprisonment for a term not exceeding one year or both. (2) Any deputy returning officer or poll clerk or any other person who uses the stamp mentioned in section 48 of this Ordinance to mark any ballot paper other than the one handed to the voter by the deputy returning officer or poll clerk as provided in the said section 48 shall be subject to the penalty provided in the first part of this section; and in any proceedings taken hereunder proof that any ballot paper has been stamped other than as provided in the said section 48 shall be held to be prima facie evidence that such ballot paper was so stamped by the deputy returning officer or if the poll clerk was acting for the deputy returning officer then by such poll clerk. (3) If any person fails to return to the deputy returning officer the ballot paper or each of the pencils handed to him by the deputy returning officer as provided in the said section 48 or hands to the deputy returning officer to be placed in the ballot box any paper other than the ballot paper as provided in the said section or by any means places or causes to be placed in the ballot box any ballot paper other than as provided in the said section or by any means takes or causes to be taken from a ballot box any ballot paper except as directed under the provisions of this Ordinance or defaces or destroys any ballot paper after its having been initialled or stamped by the deputy returning officer except as provided in section 53 Penalty hereof shall be liable to the penalty provided in the first part of this section. No. 11 of 1897, s. 126. conduct of 129. Unless in this Ordinance otherwise provided any other Improper person than those mentioned in the preceding section who con- other persons travenes any of the provisions of this Ordinance or attempts in any way to hinder its provisions from being carried out shall be liable to a fine not exceeding $100 and costs or to imprison- Penalty ment for a term not exceeding three months or both. No. 11 of 1897, s. 127. in number 130. If the number of ballots found in the ballot box of any Discrepancy polling division at the count by the deputy returning officer is of ballots not the same as the number shown by the poll book of that polling division to have been cast, the deputy returning officer and poll clerk shall each be liable to a fine of $100 and costs or Penalty to imprisonment for a term not exceeding three months or both : Provided however if during the trial of the complaint it can Proviso be shown that the discrepancy was caused by some person or persons other than the deputy returning officer or poll clerk they may be relieved from the aforesaid penalty. No. 11 of 1897, s. 128. secrecy of 131. Any person who attempts to violate the secrecy of the Violation of ballot by marking a ballot in a peculiar manner or by showing ballot it to any one after its being marked or instigating any voter to peculiarly mark or to show his marked ballot shall be liable to Penalty a fine not exceeding $100 and costs or to imprisonment for a term not exceeding three months or both. No. 11 of 1897, s. 129. 132. Everyone who at an election of a member of the Leg- Voting more islative Assembly does any of the following acts that is to say than once (a) Applies to vote in the name of some other person Personation whether such name is that of a person living or dead or of a fictitious person; or (b) Having voted once at any such election applies to vote is guilty of an offence and liable to a penalty not exceeding 133. Penalties under this Ordinance may be recovered on Recovery summary conviction before two justices of the peace. No. 11 of penalties of 1897, s. 131. Schedule No. 1 134. The provisions of schedule 1 hereto shall be read as part of this Ordinance. No. 11 of 1897, s. 132. SCHEDULE 1. BALLOT PAPER. 1. The ballot paper used at all elections under the provisions of this Ordinance shall be of white color, of good cardboard, measuring an inch by two inches, having a crease cut half way through the cardboard midway between the two ends on the side which shall be used as the back of the ballot paper; and on the front of the ballot paper at one end and on one side mucilage shall be placed so that when the mucilage is wetted and the ballot paper folded according to the crease appearing on the back the mucilage will cause it to remain folded. BALLOT BOX. 2. The ballot box shall be of metal or wood, and shall be a cube of not less than six inches on the outside, except that the lid may project half-an-inch over the box on the side at which it is locked. METAL. If the ballot box is made of metal, the four sides and bottom shall be joined together by a folded joint so as to be perfectly water-tight. The lid shall be fastened to the box at one of the sides by a hinge or hinges, which shall be securely rivetted and soldered or brazed to both the lid and the box. On the outside of the box opposite the hinges shall be fastened a metal staple in such a manner that it can only be removed by cutting it off or by cutting away part of the box. On the same side of the lid shall be two corresponding staples fastened as above provided so that when the box is closed the hook of a padlock may pass through all three of the staples, so as to hold the lid of the box tightly and securely closed. WOOD. If the ballot box is made of wood, the sides shall be fastened together with rivets and the hinges shall be fastened on with the same, so that the sides cannot be taken apart or the hinges taken off without cutting the rivets or cutting away the wood of the box. The staples necessary to securely fasten the lid of the box, as provided in the case of metal ballot boxes, shall be rivetted in their places so that they cannot be removed without cutting the rivets or cutting away the wood of the box. OPENING.-There shall be an opening in the lid of the ballot box one and one-quarter inches in length by one quarter of an inch in width, through which opening the ballots shall be placed in the box, and there shall be no other opening in the material of which the box is composed when the lid is closed. |