CHAPTER 38 An Act for referring to the electors the question whether the Legislature of the Province of Manitoba should enact a proposed law intituled "An Act to provide for Government Control and Sale of Liquors" proposed by the Moderation League [Assented to May 5th, 1923] IS MAJESTY, by and with the advice and consent of the HLegislative Assembly of Manitoba, enacts as follows: 1. This Act may be cited as "The Referendum (Control and Title. Sale of Liquors) Act, 1923." law.' 2. In this Act the expression "proposed law" means the "proposed proposed law entituled "An Act to provide for Government Control and Sale of Liquors" set out in the schedule I hereto. 3. There shall be submitted to the vote of the electors herein- The question after declared entitled to vote thereon the following question: Do you approve of the proposed law entituled "An Act to provide for Government Control and Sale of Liquors" proposed by the Moderation League? submitted to electors. 4. The voting on said question, hereinafter referred to as Date of "this election," shall take place throughout the province on voting. the twenty-second day of June, 1923, between the hours of eight o'clock in the morning and eight o'clock in the afternoon. 5. (1) The persons entitled to vote on the said question shall who may be: (a) in the electoral division of Winnipeg all persons finally settled on the list of voters at the new registration and revision hereinafter provided for; (b) all persons whose names appear on the several lists of voters prepared in the year 1922 under "The Manitoba Election Act" for the other electoral divisions of the province, excepting those whose names shall be struck off certain of such lists in the revision provided for in section 6 hereof; and (c) all persons whose names shall be added to such lists in such revision; and (d) all persons whose names are not on such lists in electoral divisions in which there is no such revision who claim the right to vote and are permitted to do so by the deputy returning officer as provided for in section 7 hereof. vote. Where to vote. Voting at Camp Hughes. Advance poll at Selkirk. Voting by certificate. (2) Every elector whose name is on a list of voters shall be entitled to vote in the polling division where his name appears on the list of voters and not elsewhere, except as provided in this Act or "The Manitoba Election Act." (3) The returning officer appointed to hold this election in the electoral division of Norfolk shall make proper provision for establishing one or more polling places therein and for appointing deputy returning officers and poll clerks for taking and recording the votes at such polling places of those members of the permanent forces and militia of Canada as well as attendants, purveyors, and others who are entitled to vote at this election and who may of duty or necessity be encamped at Camp Hughes on the day of the holding of this election, and the clerk of the Executive Council shall supply copies of all the lists of voters for the whole province for each deputy returning officer so appointed, and every such person whose name is on any of said lists or who claims the right to vote and is vouched for as required in section 7 hereof save as to residence of the person vouching shall be admitted to vote at any of such polling places upon taking as to the former, if required, the oath set forth in Schedule F to the Act, and as to the latter and the person vouching for him the oaths respectively required to be taken by them under said section 7, except that the electoral division in which the applicant has resided shall be specified. (4) For the purpose of the voting under this Act in the polling divisions numbered 1 to 5 and 11 and 12 of the electoral division of Kildonan and St. Andrews, subsection (1) of section 247A of "The Manitoba Election Act" shall be deemed to have added to the list of places therein named the word "Selkirk." (5) Any person who is entitled to vote at this election who expects to be unable to vote by reason of absence from the electoral division or polling subdivision where he is registered may, not later than seven days before the date of this election apply in writing to the returning officer of the electoral division where he is registered for a certificate that such elector is entitled to vote at this election at such polling division in Manitoba as he may be upon the polling day. Upon production and deposit with the deputy returning officer of such certificate and upon taking before the deputy returning officer of the polling subdivision where he proposes voting the oath set forth in Schedule F to this Act such elector may vote in the usual manner at such poll instead of voting at the poll that he would otherwise have been entitled to vote at. (6) Upon application being made for such a certificate as aforesaid and upon the same being granted the returning officer shall forthwith notify the deputy returning officer of the polling subdivision where such elector is registered of the fact of the granting of such certificate. (7) Notwithstanding the granting of such certificate, upon depositing the same with the deputy returning officer of the polling subdivision where he appears on the list as an elector an elector who has received such certificate may vote at such polling subdivision. (8) It shall be noted in the poll book opposite the name of such elector that he has voted under this section. 6. (1) Lists of electors in the electoral divisions of Assini- Revisions of boia and Brandon city, all those portions of the electoral di- urban lists. vision of Kildonan and St. Andrews comprised within polling divisions numbered 1 to 5 and 11 and 12 as at present established, the electoral division of Portage la Prairie, all those portions of the electoral division of St. Boniface comprised within polling divisions numbered 1 to 13 as at present established, and that portion of the electoral division of Springfield comprised within the town of Transcona respectively shall be revised in the manner provided in "The Manitoba Election Act" for the revision of lists of electors, with such modifications as may be necessary. registration (2) For the purposes of the voting under this Act in the New electoral division of Winnipeg only there shall be a new registra-in Winnipeg tion of electors and a revision of the list prepared after such registration and all the provisions of sections 90 to 133 inclusive of "The Manitoba Election Act" as amended, so far as they apply to the said electoral division shall apply with the necessary modifications to such new registration and revision, except that section 91A thereof shall be deemed to authorize the appointment and remuneration of three superintendents of registration. (3) Such revision and the new registration and revision in Winnipeg shall take place at such time prior to such voting as may be fixed by the Lieutenant-Governor-in-Council. on voters' list. 7. (1) At the polling places in electoral divisions or parts Persons not of electoral divisions not named in section 6 the deputy returning officer shall while the poll is open, if required by any person whose name is not on the voters' list and who is vouched for by an elector whose name appears upon the voters' list and who is a resident in such polling division, administer to such person an oath in form Schedule G to this Act and to such other person an oath in form Schedule H to this Act, and such oath having been taken by the applicant person and by such other person the deputy returning officer shall at once cause such applicant person's name to be added to the voters' list with the word "sworn" written thereafter and subject to the next following subsection of this Act such applicant person may thereupon vote. take oaths. (2) If such applicant person or such other person refuse to Refusal to take such oath, the applicant person shall not be permitted to vote at this election, and if his name has been placed on the voters' list or has been entered in the poll book, erasing lines shall be drawn through such name and the words "refused to Residence. Persons offering to vote may be required to be sworn" shall be written thereafter. The poll clerk shall make such additions, alterations and erasures in the voters' list and such entries in the poll book as the deputy returning officer directs him to make, including the name of the person who vouched for the applicant person, and as are required by any provision of "The Manitoba Election Act." (3) For the purpose of this election it shall be sufficient if a person applying to vote under their section in any polling division has resided within the province for the period of twelve months next preceding the date of this election and within some electoral division therein for three months of the said period. 8. Every person offering to vote on said question under this Act shall, before being permitted to vote, state his name, occutake the oath. pation and residence to the deputy returning officer, and, subject to the provisions in section 7 hereof, shall if required by the deputy returning officer or any of the agents hereinafter referred to take or affirm the oath or affirmation in the form in the Schedule F to this Act, and no other, to be administered to him by the deputy returning officer.. Appointment of Duties of. Duties same as under "The Manitoba Election Act." Powers of returning officer 9. (1) The Lieutenant-Governor-in-Council shall appoint a returning officer in and for each of the electoral divisions of the Province for the purpose of carrying out this Act therein and, subject thereto, for the purpose of submitting the said question to the said electors, obtaining the answers thereto, ascertaining the result of the vote and obtaining a recount by a judge if applied for, the same proceedings as nearly as may be shall be taken by the said returning officers and their deputies as in the case of an election under "The Manitoba Election Act,' and all the provisions of the said Act and its amendments relating to such elections shall, subject to the special provisions of this Act and any regulations, orders or instructions made or given by the Lieutenant-Governor-in-Council hereunder, apply mutatis mutandis to the conduct of such proceedings and with respect to the powers to be exercised and the duties to be performed by and the rights, obligations, liabilities, qualifications and disqualifications of judges, officers, electors and all other persons and with respect to offences and the penalties which may be incurred. (2) Such returning officer shall, for the holding of said identical with voting, have all the powers and duties conferred or imposed powers under upon returning officers appointed under "The Manitoba Election Act." Election Act." Advance polls. (3) For the purpose of this Act subsection (1) of section 247A added to "The Manitoba Election Act" by section 21 of chapter 33 of 10 George v shall be deemed to be amended by inserting the words "the Town of Selkirk" after the word "Transcona" in the twelfth line thereof. (4) For the purposes of this Act the following provision shall apply instead of subsection (2) of said section 247A: |