so marked, in addition to what is required by section 78, the reason why each ballot paper was marked by him. 76. Every elector shall vote without undue delay, and shall No delay in voting. quit the polling station so soon as his ballot paper has been put into the ballot box. than once in same electoral 77. No person shall vote more than once in the same elec- Voting more toral district at the same election, but each elector may vote for as many candidates as are required to be elected to repre- district sent the electoral district for which the election is held. forbidden. 78. The poll clerk shall enter in the poll book to be kept Entries in by him as aforesaid, opposite the name of each elector voting, poll book. the word "Voted," as soon as his ballot paper has been deposited in the ballot box, and he shall enter in the same book the word "Sworn" or "Affirmed" opposite the name of each elector to whom the oath or affirmation as to qualification has been administered, and the words "Refused to be sworn" or "Refused to affirm" or "Refused to answer" opposite the name of each elector who has refused to take any oath or to affirm, when he has been legally required so to do, or has refused to answer questions which he has been legally required to answer, and in Prince Edward Island, the words "Objected to" opposite the name of persons voting, whose right has been. objected to under section 67 of this Act. 2. The poll clerk shall also enter in the poll book the words "Provincial disqualifications oath taken" opposite the name of each elector to whom the oath prescribed by subsection 2 of section 6 of The Franchise Act, 1898, has been administered, and the words " Refused to take provincial disqualifications oath," opposite the name of each elector who has refused to take that oath. 79. Every one who (a.) forges, counterfeits, fraudulently alters, defaces or fraud- Offences.. ulently destroys a ballot paper or the initials of the deputy returning officer signed thereon, or— (b.) without authority supplies a ballot paper to any per son, or (c.) fraudulently puts into a ballot box a paper other than the ballot paper which he is authorized by law to put in, or— (d.) fraudulently takes a ballot paper out of the polling station, or (e.) without due authority destroys, takes, opens or otherwise interferes with a ballot box or book or packet of ballot papers then in use for the purposes of the election, or (f.) forges or counterfeits any stamp for the stamping of ballot papers as provided by paragraph (e.) of section 41 of this Act, or uses any such stamp for any purpose other than the stamping of ballot papers pursuant to the said paragraph, or, not being a returning officer, has in his possession any such stamp or any counterfeit or imitation thereof, or Penalty. Counting votes by deputy return ing officers. Rejecting ballots. (9.) being a deputy returning officer, fraudulently puts, otherwise than as authorized by section 70 of this Act, his initials on the back of any paper purporting to be or capable of being used as a ballot paper at an election, or (h.) with fraudulent intent, prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election, or (i.) being authorized by the returning officer to print the ballot papers for an election, with fraudulent intent prints more ballot papers than he is authorized to print, or (j) attempts to commit any offence specified in this section, is guilty of an indictable offence, and shall be liable, if he is a returning officer, deputy returning officer or other officer engaged at the election, to a fine not exceeding one thousand dollars and not less than three hundred dollars, or to imprisonment for a term not exceeding five years and not less than one year, with or without hard labour, in default of paying such fine, and if he is any other person, to a fine not less than one hundred dollars and not exceeding five hundred dollars, or to imprisonment for any term not exceeding two years and not less than six months, with or without hard labour, in default of paying such fine. PROCEEDINGS AFTER THE CLOSE OF THE POLL. 80. Immediately after the close of the poll, the deputy returning officer shall first place all the spoiled ballots in an envelope and seal it up, and shall then count the number of voters whose names appear on the poll book as having voted, and make an entry thereof on the line immediately below the name of the voter who voted last, thus:-"The number of voters who voted at this election in this polling division is.... (stating the number)," and he shall sign his name thereto; then, in the presence of and in full view of the poll clerk and the candidates or their agents-and if the candidates and their agents or any of them are absent, then in the presence of such, if any, of them as are present, and of at least three electors,-he shall open the ballot box and proceed to count the number of votes given for each candidate, giving full opportunity to those present to examine each ballot. 2. In counting the votes he shall reject all ballot papers which have not been supplied by the deputy returning officer, all those by which votes have been given for more candidates than are to be elected, and all those upon which there is any writing or mark by which the voter could be identified, other than the numbering by the deputy returning officer in the cases herein before provided for. Objections to 81. The deputy returning officer shall take a note of every ballot papers. objection made by any candidate, or his agent or any elector present, to any ballot paper found in the ballot box, and shall decide every question arising out of the objection; and the decision of the deputy returning officer shall be final, subject to reversal on recount or on petition questioning the election or return. numbered. 2. Each objection to a ballot paper shall be numbered, and To be a corresponding number placed on the back of the ballot paper, and initialled by the deputy returning officer. to P.E.I. 3. This section shall not apply, in the province of Prince Exception as Edward Island, to the determination of the qualification or non-qualification of any voter whose ballot paper has been numbered and initialled under section 67 of this Act. 82. The other ballot papers being counted and a list kept Duty of deputy returnof the number of votes given to each candidate, and of the ing officer, number of rejected ballot papers, all the ballot papers indi- after counting cating the votes given for each candidate respectively shall be the votes. put into separate envelopes or parcels, and those rejected, those spoiled and those unused shall be put respectively into separate envelopes or parcels, and all such envelopes or parcels shall be endorsed so as to indicate their contents, and shall be sealed by the deputy returning officer, and shall be marked with the signatures of any agents present in the polling station who are willing to do so, by writing their signatures across the flap thereof, such agents affixing their seals on the flap if they desire to do so. ballot papers 2. In the province of Prince Edward Island, the deputy Counting returning officer shall also, in counting the ballots, place in a in P.E.I. separate envelope or parcel all ballot papers numbered and initialled under section 67 of this Act, such ballot papers having been previously counted for the candidate for whom respectively they have been cast. 83. The deputy returning officer and the poll clerk, im- Oaths by mediately after the completion of the counting of the votes, ing officer deputy returnshall take and subscribe respectively the oaths in the forms X and poll. and Y, which shall remain attached to the poll book: after which the deputy returning officer shall make out a statement Statement by in triplicate, in the form Z, one copy to remain attached to deputy returning officer. the poll book, one copy to be retained by the deputy returning officer, and the third copy to be inclosed by him in a special envelope supplied for the purpose, which envelope he shall seal and deposit in the ballot box. candidates or 2. The deputy returning officer shall then deliver to each of Certificate to the candidates, or to their agents or, in the absence of such their reprecandidates or agents, to the electors present representing the sentatives. candidates, a certificate, in the form AA, of the number of votes given for each candidate, and of the number of rejected ballot papers; and he shall also forthwith after the close of the poll mail to each candidate, by registered letter, to the address stated in the ballot paper, a like certificate. 3. The poll book, the envelopes containing the ballot Documents to papers, the envelope containing the voters' lists, and all other be inclosed in ballot box. Ballot box to delivered. 63-64 VICT. documents which served at the election shall then be placed in the large envelop supplied for the purpose, and this large envelope shall then be sealed and placed in the ballot box. 4. The ballot box shall then be locked and sealed with the be sealed and seal of the deputy returning officer, and shall be forthwith delivered by the deputy returning officer to the returning officer, or to the election clerk, who shall receive the same, or to one or more persons specially appointed for that purpose by the returning officer, and such person or persons shall, on delivering the ballot boxes to the returning officer, take the oath in the form BB. Safe-keeping of ballot boxes. Addition of votes by returning officer. Declaration thereupon. Casting vote of returning officer. Adjournment are missing. 84. The returning officer, upon the receipt by him of each of the ballot boxes, shall take every precaution for its safekeeping and for preventing any person other than himself and his election clerk from having access thereto, and shall immediately upon the receipt of each ballot box seal it under his own seal in such a way that it cannot be opened without the seal being broken, and this he shall do without effacing or covering the seals thereto affixed. 85. The returning officer, at the place, day and hour appointed by his proclamation, and after having received all the ballot boxes, shall proceed to open them, in the presence of the election clerk, the candidates or their representatives, if present, or of at least two electors, if the candidates or their representatives are not present, and to add together the number of votes given for each candidate, from the statements contained in the several ballot boxes returned by the deputy returning officers of the ballot papers counted by them. 2. The candidate who, on the addition of the votes, is found to have a majority of votes, shall then be declared elected. 86. Whenever, on the addition of votes by the returning officer, an equality of votes is found to exist between any two or more of the candidates, and an additional vote would entitle any of such candidates to be declared elected, the returning officer shall give such additional or casting vote. 87. If the ballot boxes are not all returned on the day fixed if ballot boxes for adding up the number of votes given to the several candidates, the returning officer shall adjourn the proceedings to a subsequent day,-such subsequent day not being more than a week later than the day originally fixed for the purpose of adding up the votes. Adjournment for other causes. 2. In case any deputy returning officer has not duly inclosed in the ballot box the staten.ent of the ballot papers counted by him as required by this Act, or if, for any other cause, the returning officer cannot at the day and hour appointed by him for that purpose ascertain the exact number of votes given for each candidate, the returning officer may thereupon adjourn to a future day and hour the said adding up of the number of votes given for each candidate, and so from time to time,such adjournment or adjournments not in the aggregate to exceed two weeks. case of loss of 88. If the ballot boxes or any of them have been destroyed Provision in or lost, or for any other reason are not forthcoming within the ballot boxes. time fixed as in the first subsection of the next preceding section provided, the returning officer shall ascertain the cause of the disappearance of such ballot boxes, and shall call on each of the deputy returning officers whose ballot boxes are missing, or on any other person having them, for the lists, statements and certificates, or copies of the lists, statements and certificates, of the number of votes given to each candidate required by this Act, the whole verified on oath; and if such lists or statements, or any of them, or copies thereof, cannot be obtained, he shall ascertain, by such evidence as he is able to obtain, the total number of votes given to each candidate at the several polling places, and to that end may summon any such deputy returning officer, his poll clerk, or any other person, to appear before him at a day and hour to be named by him, and to bring all necessary papers and documents with him, of which day and hour and of the intended proceedings the candidates shall have due notice; and the returning officer may then and there examine on oath such deputy returning officer or poll clerk, or any other person, respecting the matter in question. if statement is 2. In case of an adjournment by reason of any deputy return- Duty of reing officer not having placed in the ballot box a statement of turning officer the ballot papers counted by him, the returning officer shall not in ballot in the meantime use all reasonable efforts to ascertain the exact box. number of votes given for each candidate in the polling division of such deputy returning officer, and to that end shall have the powers set out in the next preceding subsection. appearing to 3. In any case arising under this section the returning officer Return of shall return the candidate appearing to have the majority of candidate votes, and shall mention specially in this report to be sent with have majority. the return the circumstances accompanying the disappearance of the ballot boxes, or the want of any statement as aforesaid, and the mode by which he ascertained the number of votes given to each candidate. indictable 4. Any person refusing or neglecting to attend on the sum- Not obeying mons of a returning officer issued under this section shall be summons, an guilty of an indictable offence and liable to a penalty of two offence. hundred dollars or to imprisonment for a term not exceeding two years, with or without hard labour, or to both. after election. 89. After the close of the election the returning officer Custody of shall cause to be deposited in the custody of the sheriff or of ballot boxes the registrar of deeds in the county or registration division, or of the postmaster in the locality, in which the nomination was held, the ballot boxes used at the election; and the sheriff, registrar or postmaster shall, at the next ensuing election, |