Page 28 - index

MUNICIPAL LAW. 27
105. Penalties. A person guilty of cominittitig any of the above
offences shall be liable : If a clerk of the municipality, to imprisonment for
a terni not exceeding two years ; if any other person, to imprisonment for
a term not exceeding six months, with or without hard labor.
Every officer and clerK guilty of misfeasance or any wilful act of
omission under the preceding provisions relating to elections is liable to a
penalty of $400, to be awarded to the person so aggrieved.
Any county clerk, or clerk or officer of a local municipality, who
refuses or neglects to perform the duties prescribed by the Municipal Act
relating to elections for members of a county council shall be liable, on
conviction, to a fine of $200.
I0«. Penalty for False Returns. See Section 92.
101. Secrecy of Proceedings. Every officer, clerk and agent in
attendance at a polling place shall maintain, and aid in maintaining,
secrecy of the voting, under a penalty on sunnnary conviction before a
stipendary magistrate, police magistrate, or two justices of the peace, to
imprisonment for a term not exceeding six months, with or without hard
labor. They inu.st not attempt to interfere with any voter marking his
ballot, or induce him to display his ballot after marking it, or attempt in
any way to obtain information as to how he voted ; and if through any
cau.se whatever any such information is obtained, it must not be communi-
cated to any person, under the above penalty.
108. Statutory Declarations of secrecy nmst be made by every
officer, clerk and agent attending a polling place, or at the counting of
votes.
No voter can be compelled, in any legal proceedings concerning the
election, to state for whom he voted.
100. A Candidate may Act as Agent for himself, and perform
any of the duties which an agent miglit perform at the polling places,
except that he shall not be pre.sent at the marking of a ballot paper for
incapacity of a voter, or of voter unable to read.
110. Non-attendance of Agents. Where expressions are used requir-
ing anything to be done in the pre.sence of an agent, it is understood to
mean such agents of a candidate as are authorized to attend ; but the non-
attendance of such agents shall not invalidate the act or thing done if
otherwise duly performed.
111. Public Holidays and Sundaj's are excluded in reckoning time
under thi; provisions of the Municipal Act, and when anything is reciuired
to be done on a day which falls on any such day, it niu.st be done on the
next juridical day. Such flays, however, are to be reckoned in the time
which is to elap,se between nomination and polling days for nuuiicipal
elections.
iVi. Election Expenses. When county councillors are elected at
the same time as juemlters of local nnniicipalities (see Section 51), all the