to be dealt ⚫ 98. The sum so deposited by any candidate shall be returned Deposit how to him in the event of his being elected or of his obtaining a with. number of votes at least equal to one-half the number of votes polled in favour of the candidate elected; otherwise, except in the case hereinafter provided for, it shall belong to His Majesty for the public uses of Canada, and 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. candidate 2. The sum so deposited shall, in case of the death of any In case of candidate after being nominated and before the closing of the death of poll, be returned to the personal representatives of such candi- returned. date. R.S., c. 7, s. 18; 63-64 V., c. 12, ss. 34, 39; 2 E. VII., c. 37, s. 18. attested on 99. The returning officer shall require the person, or one or Nomination more of the persons producing or filing as aforesaid any such paper to be nomination paper, to make oath before him that he knows or oath. they know that, (a) the several persons who have signed such nomination paper are electors duly entitled to vote; (b) they have signed it in his or their presence; and, (c) the consent of the candidate was signed in his or their presence, or as the case may be, that the person named as candidate is absent from the province or territory. oath. 2. Such oath may be in form I, and the fact of its having Form of been taken shall be stated on the back of the nomination R.S., c. 7, s. 19; 63-64 V., c. 12, s. 35; 2 E. VII., c. 37, s. 19. paper. candidates 100. At the close of the time for nominating the candidates, List of the returning officer shall deliver to every candidate or agent of names of a candidate applying therefor a duly certified list of the names nominated. of the several candidates who have been nominated. R.S., c. 7, s. 24; 63-64 V., c. 12, s. 33; 2 E. VII., c. 37, s. 24. not nomi 101. Any votes given at the election for any other candidates Votes for than those nominated in the manner provided by this Act shall candidates be null and void. R.S., c. 7, s. 17; 63-64 V., c. 12, s. 33; 2 E. nated, null. VII., c. 37, s. 17. candidates 102. Whenever only one candidate, or only such a number Return when of candidates as are required by law to be elected to represent no more the electoral district for which the election is held, have been than number nominated within the time fixed for that purpose, the returning of members required. officer shall forthwith make his return to the Clerk of the Crown in Chancery, in form J, that such candidate or candidates, as the case may be, is or are duly elected for the said electoral district, of which return he shall send within forty-eight hours a duplicate or certified copy to the person or persons elected. R.S., c. 7, s. 20; 63-64 V., c. 12, s. 36; 2 E. VII., c. 37, s. 20. 81 6 103. Report with return. Withdrawal of candidates. If no more remain than number to be elected. Death of can didate. Special report. Granting of poll. Duties of returning officer. 103. The returning officer shall accompany his return to the Clerk of the Crown in Chancery with a report of his proceedings and of any nomination proposed and rejected for noncompliance with the requirements of this Act. R.S., c. 7, s. 21; 63-64 V., c. 12, s. 37; 2 E. VII., c. 37, s. 21. Withdrawal of Candidates. 104. Any candidate nominated may withdraw at any time after his nomination and before the closing of the poll, by filing with the returning officer a declaration in writing to that effect signed by himself; and any votes cast for the candidate who has so withdrawn shall be null and void. 2. If, after the withdrawal, there remains but one candidate, or no more than the number to be elected, then the returning officer shall return as duly elected the candidate or candidates so remaining, without waiting for the day fixed for holding the poll, or for the closing of the poll, if such withdrawal is filed on the polling day. R.S., c. 7, s. 22; 63-64 V., c. 12, s. 38; 2 E. VII., c. 37, s. 22. Death of a Candidate. 105. Except in the provinces of Saskatchewan and Alberta and the Yukon Territory, if a candidate dies after being nominated and before the closing of the poll, the returning officer may fix another day for the nomination of candidates, which shall be the nearest day possible after allowing the number of days required by this Act between the posting up of the proclamation and the nomination day in that part of Canada where the election is being held. 2. In such case, the returning officer shall, with his return, make to the Clerk of the Crown in Chancery a special report of the death of the candidate having occasioned the postponement of the election. 63-64 V., c. 12, s. 39. The Granting of a Poll. 106. If more candidates than the number required to be elected for the electoral district are nominated in the manner required by this Act, the returning officer shall grant a poll for taking the votes of the electors. R.S., c. 7, s. 23; 63-64 V., c. 12, s. 40; 2 E. VII., c. 37, s. 23. 107. On a poll being granted, the returning officer shall cause to be posted up notices of his having granted such poll, indicating the names, residences and occupations of the candidates nominated, in the order in which they are to be printed on the ballot papers. poll 2. Except in the Yukon Territory, such notices shall, as soon Notice of as possible after the nomination, be placarded at all the places where the proclamation for the election was posted up. 3. Such notices shall be in form K, except in the provinces Form of Saskatchewan and Alberta, where they shall be in form L. 4. In Prince Edward Island, the returning officer shall, in In P. E. I. addition to such notices, cause to be placarded at the same time and places such notice or advertisement regarding the qualification of voters as is required under the provincial law to be posted. R.S., c. 7, s. 27; 1 E. VII., c. 16, s. 3; 2 E. VII., c. 37, s. 27. Deputy Returning Officers. 108. The returning officer shall appoint, by a commission Appointment of deputy under his hand, in form M, one deputy returning officer for returning each polling division in the electoral district who shall, before officer. acting as such, take the oath of office in form N. R.S., c. 7, ss. 36, 37; 63-64 V., c. 12, s. 41; 2 E. VII., c. 37, ss. 35, 36. 109. On a poll being granted, the returning officer shall Copies of the furnish each deputy returning officer with a copy, (a) of this Act; (b) of the voters' list for the polling division for which he is appointed, if there is such a list, certified by him; and, (c) of the instructions approved by the Governor in Council, as provided by this Act. 63-64 V., c. 12, s. 41. Act and of the voters' list. etc., to 110. The returning officer shall deliver to each deputy Ballot box, returning officer, two days at least before the polling day, a deputy blank poll book, forms of oaths to be administered to voters, returning envelopes, sealing wax and a ballot box, and also a screen, if one is required. 63-64 V., c. 12, s. 41. officer. 111. The returning officer shall furnish each deputy return- Ballot papers. ing officer with a sufficient number of ballot papers to supply the number of voters on the list of such polling division, and a certificate of the number of such ballot papers with the neces sary materials for voters to mark their ballot papers. 2. All ballots shall be of the same description and as nearly Uniformity. alike as possible. 3. Every ballot paper so furnished by the returning officer To be shall be stamped by him with a stamp furnished to him for stamped. that purpose by the Clerk of the Crown in Chancery, the stamp being so placed on the ballot paper that, when the latter is folded by a voter, the stamp can be seen without the ballot paper being opened. 63-64 V., c. 12, s. 41. 112. Such stamp shall be specially designed and made for Stamp. the purposes of each election, and shall be forwarded by the 61 83 Clerk Description. Directions in form O. List of deputy returning officers to each candidate. Poll clerks appointed. Information as to poll clerks. When deputy dies or can Clerk of the Crown in Chancery to the returning officer, so as to reach him on or about the day of the nomination of candidates. 2. It shall show the name of the electoral district and the year of the election, and shall be of such design that an impression made from it shall be readily, recognizable. 63-64 V., c. 12, s. 41. 113. Except in the provinces of Saskatchewan and Alberta and the Yukon Territory, the returning officer shall furnish each deputy returning officer with at least ten copies of printed directions, in form O, for the guidance of voters in voting, and the deputy returning officer shall before or at the opening of the poll, on the day of polling, cause such printed directions to be posted up in some conspicuous places outside of the polling station, and also in each compartment of the polling station. 57-58 V., c. 15, ss. 7, 8; 63-64 V., c. 12, s. 41; 2 E. VII., c. 37, s. 39. 114. The returning officer shall, at least two days before the day fixed for polling, furnish to each candidate or his agent, a list of all deputy returning officers appointed to act in such election, with the name or number of the polling station at which each of them is to act. C-64 V., c. 12, s. 41. 115. Each deputy returning officer shall forthwith appoint by commission under his hand, in form Q, a poll clerk, who, before acting as such clerk, shall take the oath in form R. R.S., c. 7, s. 39; 63-64 V., c. 12, s. 42; 2 E. VII., c. 37, s. 38. 116. Except in the provinces of Saskatchewan and Alberta and the Yukon Territory, each deputy returning officer shall, if practicable, furnish to the returning officer, not later than nine o'clock in the morning of the day prior to the day fixed for polling, the name and occupation or addition of such poll clerk; and the returning officer shall, not later than twelve o'clock noon of the day prior to the day fixed for polling, post up in his office a list of the deputy returning officers and poll clerks, with the occupation or addition of each, showing the polling station where each is to act, and shall permit free access to and afford full opportunity for inspection of such list by any candidate, agent or elector up to at least six o'clock in the evening of the same day. 63-64 V., c. 12, s. 42; 1 E. VII., c. 16. s. 1; 2 E. VII., c. 37, s. 55. 117. Whenever a deputy returning officer dies, refuses or not act, and is unable to act, the returning officer may appoint another person in his place as deputy returning officer; and, if no such appointment is made, the poll clerk, without taking another not replaced. oath of office, shall act as deputy returning officer. R.S., c. 7, 118. Whenever the poll clerk acts as deputy returning Shall appoint officer, he shall, by a commission in form S, appoint a poll clerk, a poll clerk. to act in his stead, who shall take the oath in form R. 63-64 V., c. 12, s. 43; 2 E. VII., c. 37, s. 45. Ballots and Ballot Boxes. of ballot boxes. 119. The Clerk of the Crown in Chancery may cause to be Construction made for each electoral district such number of ballot boxes as are required; or may give to the returning officers such instructions as are deemed necessary to secure ballot boxes of a uniform size and shape, such instructions being first approved by the Governor in Council. 63-64 V., c. 12, s. 44. ed by sheriff 120. The sheriff of the county or district, or the registrar Ballot boxes, of the county or registration division, or the postmaster of the etc., furnish locality in which the nomination has been held, shall, imme- or registrar. diately after the granting of the poll, deliver to the returning officer the ballot boxes deposited in his custody in accordance with this Act. 63-64 V., c. 12, s. 45. not furnished. 121. Whenever the returning officer fails to furnish the If ballot box ballot box and screen, or either of them, to the deputy returning or screens officer for any polling division within the time prescribed by this Act, such deputy returning officer shall cause them or either of them wanting to be made. 63-64 V., c. 12, s. 46. 122. The ballot boxes shall be made of some durable Form of ballot box. material, with one lock and key, and a slit or narrow opening in the top, and so constructed that the ballot papers may be introduced therein, but cannot be withdrawn therefrom unless the box is unlocked. 63-64 V., c. 12, s. 47. 123. The ballot of each voter shall be a printed paper, in Form of this Act called a ballot paper, on which the names of the candi- ballot. dates, alphabetically arranged in the order of their surnames, shall be printed exactly as they are set out in the nomination paper; the ballot paper shall be provided with a counterfoil and a stub, and there shall be a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub, the whole as in form T. 1 E. VII., c. 16, s. 4. of names 124. Where two members are to be elected for the electoral Arrangement division and there are more than two candidates, the candidates thereon. may, within an hour after the time appointed for the nomination, agree to their names being arranged otherwise than alphabetically, and in such case the returning officer shall have the |