RETURN of the Elections for the County of York, held at the

3 more names than authorized (specifying any other cause for destruction of ballot.)

To which check list, and statement or declaration, the said candidates, agents, or nominees, may, if they so desire it, affix their names; and the said Poll Clerk shall then and there enclose the said copy of register furnished him as aforesaid, the said check list, and written statement or declaration, as in the form, in an enclosure or envelope, and seal the same up and publicly deliver it to the presiding officer so enclosed and sealed, who shall give a receipt therefor, and such presiding officer shall forthwith deliver or transmit the same to the Sheriff, who shall receive and safely keep the same unopened until the reassembly of the Court at the Court House on the day to which it had been adjourned ; and the Poll Clerk shall, after enclosing and sealing up such copy register, check list, and statement or declaration as aforesaid, forthwith publicly destroy, in the presence of the said candidates, their agents or nominees, the ballots deposited at the said polling place.

54. If in counting the ballots the names of other persons than the candidates, or more persons than can be elected are found on any ballot, or if any ballot should be found not to be single, the Poll Clerk shall forthwith, then and there, publicly destroy the same, and no double ballot shall be counted.

55. If on the day to which the Court had been adjourned

all the returns shall not have been made, the Sheriff shall further adjourn the Court to the following day, and so on from day to day until all the returns are made; he shall also publicly state the cause of the adjournment, and in no case shall he adjourn the Court to so late a day as to interfere with the return of the writ.

56. On the day to which the Court has been adjourned, the Sheriff shall publicly break the seals of the envelopes enclosing the copy register, check lists and written statement or declaration sent him as aforesaid; shall open the said lists or statements or declarations,and separately announce the votes delivered to each candidate; shall add up from all the said lists, statements or declarations, the total number of votes. given to each candidate; shall ascertain and declare the state of the poll, make proclamation of the Members chosen, and that the Court is adjourned without day,and forth with return the Writ to the Provincial Secretary, and file the poll book, copy register and check lists with the County Secretary.

57. If a presiding officer shall not have returned his Precept, and the ballot box, check list, copy register and written statement, at the proper time, the Sheriff, or a candidate, or any elector, may make complaint thereof on oath to a Justice, who shall summon him to answer the same, and if he shall not shew good cause for the delay, the Justice may by warrant, shortly reciting the facts, commit him to gaol until he duly return the Precept, ballot box. check list, copy register and written statement as aforesaid.

58. Any Sheriff who shall make a false return, or return more than are required by the Writ to be chosen, shall forfeit for every such false or incorrect return the sum of four hundred dollars, and the party aggrieved may also recover the damages he shall sustain thereby, with costs, in an action on the case against him or any person who shall knowingly procure the same.

59. No Election shall be held on Sunday, Christmas Day, or Good Friday; and when, by the regular adjournment of any proceeding, or when any thing is required to be done at a particular day, and it should fall on or be adjourned to either of the said days, such things shall be done or proceeding adjourned to the next day.

60. The following, being Section forty nine of the Act of

Assembly eighteenth Victoria, Chapter thirty seven, is unrepealed, which Section is as follows:-"The Sheriff, at his Court, or when presiding at any poll, and the presiding officers, shall be, during any of the days of proceeding in the election or the polling, conservators of the peace, and vested with the same powers for the preservation of the peace, and the apprehension and committal for trial, or holding to bail, or trying and convicting violators of the law and good order, as are vested in Justices; and for the purpose of keeping the peace and preserving good order at any election, the Sheriff or presiding officer may require the assistance of all persons present to assist him, and may commit any person for breach of the peace, molesting or threatening any elector at, or coming to or returning from the said election or polling, or for any violation of good order, to the custody of any person, on view, for any term not exceeding twelve hours, or may, by a writing under his hand, commit to prison for a like offence for a period not beyond the second day thereafter, and at the expiration thereof may cause the offender to be brought before a Justice, who shall enquire into the matter, and may fine the offender in a sum not exceeding eight dollars and costs, and commit him to gaol until the fine be paid; and all persons present are enjoined to assist the officer presiding and Justices in discharge of such duties, under pain of being guilty of a misdemeanor; and Justices residing in the District, upon being notified in writing by the Sheriff or presiding officer, shall attend to aid in preserving peace and order; and the Justices, Sheriff, or presiding officers may, when considered necessary, swear in special constables to act as peace officers, and assist in maintaining peace and order; and upon the written application of a candidate or his agent, or two electors, the Sheriff or presiding officer shall swear in such special constables."

61. Any Sheriff holding an Election shall be entitled to receive the following amounts, viz:

For his services in conducting an Election, the sum of forty dollars;

For all reasonable and necessary printing, as shall be by him actually paid;

For furnishing copies of all Lists of Electors required by law, ten cents per folio;

For preparing each Poll Book, the sum of seventy five cents;

For each Booth or Polling place, such reasonable sum as is actually paid therefor;

For each Constable, not to exceed two at any one Polling place, the sum of one dollar and fifty cents each;

For every presiding Officer, six dollars, and mileage at the rate of ten cents per mile; each Poll and Sheriff's Clerk, four dollars;

For necessary travelling to post notices, the sum of ten cents per mile, mileage only allowed one way;

For the County of Charlotte, such extra sum not exceeding twenty dollars as may be by the Sheriff of Charlotte paid for expense of posting notices on the Island of Grand Manan.

62. Every Sheriff's account for holding such Elections shall be accompanied by an affidavit of such Sheriff in the following form, viz:

maketh oath and

A. B., Sheriff of the County of saith that the account hereunto annexed is just and true, and that all the charges and expenses therein stated have actually and necessarily been incurred.

Sheriff.

The aforegoing affidavit can be made before any Justice of the Peace, who is hereby empowered to administer the same when called upon so to do.

63. No person shall recover from a candidate or his agent for entertainment furnished at the request of any of them, to any person at an election, and if upon the trial it shall appear that any part of the plaintiff's claim is for entertainment so furnished, he shall be nonsuited.

64. Quakers may affirm in any cases where an oath is required.

65. If any elector shall take any money or other reward by way of gift, loan, or other device, or contract, or agree therefor to vote or forbear to vote at any election, or to corrupt or procure any person to give his vote, or shall by threats or force intimidate any person to vote or forbear to vote at such Election, he shall for every such act forfeit the sum of eighty dollars, and be for ever debarred from voting at any election.

66. If any Sheriff, Presiding Officer, Poll Clerk, Assessor,

Revisor, County Secretary, Parish Officer, or other person whosoever, appointed or acting under the authority of this Chapter, shall wilfully contravene or disobey any of the provisions of this Chapter with respect to any matter or thing such person is required to do, and for which act or default no specific penalty is provided, he shall be liable to the penalty of four hundred dollars, to be recovered in an action of debt at the suit of a candidate or elector; and the jury may find their verdict for the full sum of four hundred dollars, or any sum not less than eighty dollars, as they think just, and the plaintiff shall have judgment and execution therefor with.

costs of suit.

67. Penalties imposed by this Chapter must be prosecuted within four months after the fact of commission or default, and may be recovered by action of debt in any Court of competent jurisdiction; and the plaintiff may set forth in his declaration that the defendant is indebted to him in the amount of the penalty sought to be recovered, allege the particular act or default for which the action is brought, and that the defendant hath therein acted contrary to this Chapter, without mentioning the Writ for holding the Election, or the return thereof.

68. The penalty, when recovered, shall be appropriated, one half to the person who shall sue therefor, and the other half to the Treasurer of the County for the use of the County.

69. On trial of any action or prosecution for any penalty imposed by this Chapter, or any other proceeding arising out of the election, parol proof of the election shall be sufficient prima facie evidence without producing the Writ.

70. Upon the trial of any information, or other action, brought for the recovery of any of the penalties imposed upon any candidate or elector who may make the declaration of qualification prescribed for a candidate, the certificate of the Registrar of Deeds and Wills of the County in which the land constituting the qualification is stated to be situate, that the candidate had no such lands on record, and a certificate of the Provincial Secretary that the candidate had no grant of any such land, shall be prima facie evidence that such candidate is not qualified.

71. No Member of the Assembly shall be capable of accepting or entering into any contract with or under the