Ontario Reports Volume 26

Ontario Reports Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...affairs. Reference has been made in some of the cases to the judgment of the learned Chancellor in the Saltfleet case as if he had expressed an opinion that a continued non-residence would not disqualify; but I do not read it as saying more than that subsequently occurring non-residence would disqualify, which is evidently all that he meant to deal with. In my opinion, the learned County Court Judge rightly held all these 5 votes to be invalid. It is not suggested that there is any means of proving on which side they or any of them were cast unless by calling the voters themselves to disclose it. If any one or more of them had intentionally displayed his ballot after marking it, though he might be punished for doing so, I do not see why any one who saw it and who was not sworn to secrecy should not be admitted to prove, if he could, how it was marked. In the absence of evidence of that sort, we 'come to the third question. Section 200 of the Consolidated Municipal Act, 1903, declares that no person who has voted at an election shall, in any legal proceeding to question the election or return, be required to state for whom he has voted. Section 351 makes that section apply also to voting on by-laws. The provision in sec. 200 goes Iback to 1874 (38 Vict. ch. 28, sec. 34). Like provision was made in 1874, as to provincial elections, by 37 Vict. ch. 5, sec. 32 (now 8 Edw. VII. ch. 3, sec. 166), and as to Dominion elections by 37 Vict. ch. 9, sec. 77. Section 200 should be construed in the same way as those enactments. Up till 1906, the provincial election law was such that if, upon a scrutiny, it was found that a person not entitled to vote had deposited a Fballot paper, it could be traced and inspected-by the Court and rejected. There...show more

Product details

  • Paperback
  • 189 x 246 x 15mm | 494g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236936469
  • 9781236936462