CHAP. 37. An Act respecting the representation of the Yukon [Assented to 15th May, 1902.] HIS and wit Commour of Canada, et of the IS Majesty, by and with the advice and consent of the follows: 1. This Act may be cited as The Yukon Territory Repre- Short title. sentation Act, 1902. House of 2. The Yukon Territory, as that territory is defined and Representaconstituted by section 13 of, and the schedule to, chapter 41 of tion in the the statutes of 1901, shall be an electoral district and shall Commons. return one member to the House of Commons of Canada. 3. The judges of every court now existing or hereafter Judges not to created in the Yukon Territory whose appointment rests with vote. the Governor in Council shall be disqualified and incompetent to vote at any election of a member under this Act. 4. Every male person shall be qualified to vote at the elec- Qualification tion of a member under this Act who, not being an Indian, is of electors. a British subject and of the full age of twenty-one years, and who has resided in the Yukon Territory for at least twelve months, immediately preceding the issue of the writ of election. 5. Every writ for the election of a member of the House Issue of writs of Commons under this Act shall be dated and be returnable of election. on such days as the Governor General determines, and shall be addressed to such person as the Governor General appoints; and such person shall be the returning officer at the election to which such writ relates: Provided always, Proviso: that if the person to whom the writ has been addressed in case of inability refuses, or is disqualified or unable to act, the Governor to act. General may appoint another person to be such returning officer. Place and day of nomination. Date of first election. Form of writ of election. Who may not 6. The Governor General shall fix the place and the day for the nomination of candidates at each such election, and the place and the day so fixed shall be specified in the writ of election. 2. The first election of a member to represent the Yukon Territory in the House of Commons under this Act shall be held on or before the first day of January, 1903. 7. The writs of election shall be in the form A in the schedule to this Act, and shall be transmitted by mail to the returning officer, unless otherwise ordered by the Governor General. 8. None of the persons hereinafter mentioned shall be be appointed appointed returning officer or deputy returning officers, election clerk or poll clerk, that is to say : returning officers, etc. Who shall not act as such. (a.) Members of the King's Privy Council for Canada or of the Executive Council of any of the provinces of Canada; (b.) Members of the Senate or members of the Legislative Council of any of the provinces of Canada; (c.) Members of the House of Commons, or members of the Legislative Assemblies of the several provinces of Canada, or of the Council or Legislative Assembly of the North-west Territories or members of the Yukon Territorial Council; (d.) Ministers, priests or ecclesiastics of any religious faith or worship; (e.) Judges of the courts of superior civil or criminal jurisdiction, police magistrates or stipendiary magistrates; (f.) Persons who have served in the Parliament of Canada in the session immediately preceding the election, or in the then present session of Parliament; (g.) Sheriffs, registrars or other persons who have been found guilty by the House of Commons, or by any court for the trial of controverted elections, or other competent tribunal, of any offence or dereliction of duty under this Act, or under The Dominion Elections Act, 1900, or any amendment thereto. 9. None of the persons hereinafter mentioned, unless they be obliged to are sheriff's, registrars, town clerks or assessors, shall be obliged to act as a returning officer, deputy returning officer, election clerk or poll clerk, that is to say :— (a.) Professors in any university, college, high school or academy; (d.) Postmasters, customs officers, or clerks in post offices or customs offices; (e.) l'ersons of sixty years of age or upwards; (f) Persons who have previously served as returning officers at the election of a member for the House of Commons. 10. The returning officer shall, on receiving the writ of Proceedings election, forthwith indorse thereon the date on which he writ on receipt of receives it, and before taking any further action thereon, he shall take the oath of office in the form B in the schedule of this Act. 11. The returning officer, by a commission under his hand, Election and in the form C in the schedule to this Act, shall appoint an election clerk, and may, at any time during the election, appoint, in the same manner, another election clerk, if the one so appointed resigns, or refuses or is unable to perform his duties as such clerk. election clerk. 12. The election clerk shall assist the returning officer in Duties of the performance of his duties, and act in his stead as returning officer, whenever the returning officer refuses or is disqualified or unable to perform his duties, and has not been replaced by another. of office. 13. The election clerk shall, before acting as such clerk, To take oath take the oath of office in the form D in the schedule to this Act. officer and 14. Neither the returning officer nor the election clerk Returning shall in any case vote at an election in the electoral district for election clerk which he is acting, except as hereinafter provided. not to vote. 15. At least two weeks before the date fixed in the writ for Notice to be the nomination of candidates, the returning officer shall cause published. to be inserted in at least one of the daily newspapers published in Dawson, and in the newspaper published in White Horse, if any, a notice in the form E in the schedule to this Act, in which notice shall be set forth (a.) The place and time fixed for the nomination of candi- Nomination. dates; (b.) The day on which the poll for taking the votes of the Day of electors is to be held in case a poll is demanded; polling. (c.) The several polling stations fixed by him, and the terri- Polling torial limits to which they respectively apply; stations. (d.) The time when and the place where the returning Summing officer will sum up the number of votes given to the several up votes. candidates. 2. At least fifty copies of the said notice shall also be pub- Notice to be lished by proclamation, at least two weeks before the nom- posted. ination, posted up in conspicuous places throughout the territory at sufficient distances from each other to ensure general and sufficient notice throughout the said electoral district. 16. Whenever from unforeseen accident, delays or other- Another day wise, the notice cannot be published so as to leave the re- may be fixed quired delay between the publishing of the notice and the nom- specified. ination day appointed by the Governor General, or whenever 175 any in cases Notice. Report in such case. Nomination any candidate dies after being nominated, and before the close of the polls, the returning officer may fix another day for the nomination of candidates,-which day shall be the nearest day possible after allowing the number of days required by the next preceding section between the publishing of the notice and the nomination day; and shall give the same notice on the day fixed for such later nomination in the newspapers and by proclamation as is required by section 15 of this Act; and in every such case the returning officer shall, with his return, make to the Clerk of the Crown in Chancery a special report of the causes which occasioned the postponement of the election. 17. At any time after the date of the publication of the of candidates. notice, and before two of the clock in the afternoon of the day fixed for the nomination, any fifteen or more electors may nominate a candidate by affirming to and signing, before a justice of the peace or police magistrate, or before the returning officer, and causing to be filed with the returning officer a nomination paper in the form F in the schedule to this Act; and any votes given at the election for any other candidates than those so nominated shall be null and void. Nomination paper. Consent of candidate. Deposit to be måde. Application of sum deposited. Attestation of nomination paper. 18. No nomination paper shall be valid and acted upon by the returning officer unless it is accompanied by the consent in writing of the person therein nominated, except when such person is absent from the Yukon Territory, when such absence shall be stated in the nomination paper, and Unless a sum of two hundred dollars, in legal tender or in the bills of any chartered bank doing business in Canada, or a cheque for that amount drawn upon and accepted by any such bank, is deposited in the hands of the returning officer at the time the nomination paper is filed with him; and the receipt of the returning officer shall, in every case, be sufficient evidence of the production of the nomination paper, of the consent of the candidate and of the payment herein mentioned. 2. The sum so deposited by any candidate shall be returned. to him in the event of his being elected, or of his obtaining a number of votes at least equal to one-half the number of votes polled in favour of a candidate elected,-otherwise it shall belong to His Majesty for the public uses of Canada; and the sums so paid and not returned as herein provided, shall be applied by the returning officer towards the payment of the election expenses; and an account thereof shall be rendered by him to the Auditor General of Canada. 19. The returning officer shall require the person, or one or more of the persons producing any such nomination paper, to make oath before him, that he or they know that the several persons who have signed such nomination paper are electors duly entitled to vote; and that they have signed the same in his or their presence; and that the consent of the |