of the acts now in force in relation to the same, shall be for all purposes, the list of electors,-including therein such persons as shall have been struck from the municipal list in default of payment of municipal taxes within the delay prescribed. 38 V., c. 7, s. 64.

SECTION III.

One day only

elections.

HOLDING OF ELECTIONS.

§ 1.-General Provisions.

229. Whenever a new Legislative Assembly is summoned for general and a general election is for that purpose held, the nominations of the candidates at the different elections in all the electoral districts of the Province shall take place and be held upon one and the same day.

Day to be fixed.

Particular election.

Mention in the writ.

Exception.

Nomination.

New writ in

Such day shall be fixed and established by the LieutenantGovernor in the proclamation ordering the general election. 38 V., c. 7, s. 65.

230. In the case of a particular election to fill a vacancy, the day of the nomination of the candidates at such election shall be fixed and established by the Lieutenant-Governor. 38 V., c. 7. s. 66.

231. Every writ of election shall mention the day so fixed and established for the nomination of the candidates at the election for which such writ shall have been issued. 38 V., c. 7, s. 67.

232. Nevertheless, in the electoral districts of Gaspé and of Chicoutimi and Saguenay, the day for the nomination of the candidates is left to the selection of the returning officer, who shall fix the same in his proclamation, as he may deem advis able, subject to the application of article 264. 38 V., c. 7, s. 68.

233. The nomination of the candidates shall not take place upon any holiday. 38 V., c. 7, s. 69.

234. In the event of the destruction or loss of any writ of certain cases. election, before the same has been received by the returning officer, or, in the event of the latter dying before receiving such writ, or, in the event of any other occurrence rendering it impossible to hold the election on the day mentioned in the writ, a new writ may be issued in which the day of nomination and that of the return may be changed, as circumstances require. 38 V., c. 7, s. 70.

Date and re

turn.

235. Every writ of election shall bear date and be returnable on the days which shall have been fixed by the Lieutenant-Governor. 38 V., c. 7, s. 71.

236. At the general election all writs of election shall issue Writs at genupon the same day, and shall bear the same date of issue. eral elections. 38 V., c. 7, s. 72.

237. The voting in all the electoral districts shall take place Day of pollon the seventh day next after that of the nomination of candi- ing. dates, that is, the same or corresponding day of the week next after that in which the nomination has taken place.

If such seventh day be a holiday, the voting shall take place on the first following day not a holiday.

In the electoral districts of Gaspé and of Chicoutimi and Exception. Saguenay the day of the voting shall be fixed by the returning officer, provided that the day so fixed be not a holiday, and that it be not removed from that of the nomination, for Gaspé less than fifteen nor more than thirty days, and for Chicoutimi and Saguenay, less than eight nor more than fifteen days. 38 V, c. 7, ss. 73 and 74.

238. Every writ of election shall be addressed by name to Address of one of the persons who can act ex-officio as returning officer writ. for the electoral district, or, in default of such person, to a person, who being competent to discharge such office, shall be appointed by the Lieutenant-Governor under article 244. 38 V., c. 7, s. 75.

239. Writs of election shall be drawn up in accordance Form of writ. with form C, and they shall be forwarded by mail to the different returning officers, unless the Lieutenant-Governor otherwise orders. 38 V., c. 7, s. 76.

240. A notice of the issue of the writ, specifying the name Notice to of the returning officer, shall be at the same time addressed registrar. and transmitted to every registrar of the electoral district who is not returning officer. 38 V., c. 7, s. 77.

§ 2. Returning Officers.

241. The following persons may act ex-officio as returning Returning officers:

1. The registrar, for each electoral district comprised either in whole or in part within the limits of the registration division of which he is the officer;

2. The sheriff, for each electoral district comprised either in whole or in part within the district for which he is appointed. 38 V., c. 7, s. 78.

officers exofficio.

242. If two or more persons have been appointed to fill If several perthe same office of sheriff or registrar, each of such persons sons fill office may act ex-officio as returning officer.

of sheriff.

more If two regis

If there be within one electoral district two or registration offices and à registrar for each of these offices, try offices in

same district.

Who of several shall act.

Returning

offcer appointed.

Endorsation

of date on receipt of writ.

Oath of returning officer.

Registrar

list to returning offcer.

each such registrar may act ex-officio as returning officer in that electoral district. 38 V., c. 7, s. 79.

243. In all cases the person to whom the writ of election has been addressed and transmitted shall act alone as returning officer at such election, even if he hold jointly with one or more other persons the office entitling him to act ex-officio as returning officer. 38 V., c. 7, s. 80.

244. If there be no person in the electoral district authorized to act ex-officio as returning officer, or if those authorized to act in such capacity be prevented from so acting, or refuse to fill such office, the Lieutenant-Governor may appoint a competent person to perform the duties of such returning officer. 38 V., c. 7, s. 81.

§ 3. Proceedings on receipt of the Writ of Election.

245. The returning officer on receipt of the writ of election shall, without delay, endorse upon such writ the date of the reception thereof. 38 V., c. 7, s. 82.

246. The returning officer before acting in any further manner, shall take and subscribe, before a justice of the peace, the oath specified in form D; and the justice of the peace shall deliver to him a certificate of the taking of such oath, according to form DD. 38 V., c. 7, s. 83.

247. Unless he be returning officer, every registrar shall. shall transmit under a penalty not exceeding two hundred dollars, or imprisonment not exceeding six months in default of payment, transmit, without delay, upon receipt of the notice given under article 240, to the returning officer a copy certified by him of each of the lists of electors in force for the electoral district, which has been deposited in his office.

Fee of regis

trar.

Election clerk.

Oath.

The registrar shall be entitled to a fee of three cents for every ten electors entered upon any copy so transmitted. 38 V., c. 7, s. 84.

§ 4.-Appointment and duties of the Election Clerk.

248. The returning officer shall appoint, without delay, by commission under his hand, according to form E, a competent person as his election clerk, to assist him in the execution of his duties as returning officer. 38 V., c. 7 s. 85.

249. Before acting as such the election clerk shall take the oath prescribed in form F, either before the returning officer or a justice of the peace, who shall give him a certificate according to form FF. 38 V., c 7, s. 86.

250. If the election clerk die, or be prevented from per- New election forming his duties through sickness, absence or other cause, clerk in ceror if he refuse to accept such office, or neglect to perform the duties of the same, the returning officer may, in the same manner, appoint another competent person to be his election clerk.

The new election clerk shall be bound to perform all the His duties. obligations of such office under the same penalties as the former in case of refusal or neglect. 38 V., c. 7, s. 87.

251. Whenever the returning officer is incompetent, be- When the comes unable to perform the duties of his office, or refuses to clerk acts as returning ofdischarge the same, and has not been replaced by another ficer. person, the election clerk shall be the returning officer for the election, as if he had been duly appointed to that office, and shall perform all the obligations thereof, under the same penalties as those prescribed in relation to the returning officer, and this without being bound to take any further oath. 38 V., c. 7, s. 88.

§ 5. Establishment of Polls.

252. The returning officer shall establish a poll in each Polls. voting subdivision, which shall appear by the list of electors in each municipality, to have been established under articles 223, 224 and 225.

He shall also establish a poll in each municipality, wherein the number of electors does not exceed two hundred. 38 V., e. 7, s. 89; 39 V., c. 13, s. 8.

cer makes

253. If it do not appear by the list of electors in any muni- When the cipality that the council has divided such municipality into returning offivoting subdivisions, as required by articles 223 and 224, the subdivisions. returning officer shall himself divide the whole municipality into voting subdivisions not containing more than two hundred electors each, and shall establish a poll in each of the said voting subdivisions. 38 V., c. 7, s. 90.

cases.

254. If the required division having been made, it appear Subdivisions by such list that any voting subdivision contains more than in certain two hundred electors, the returning officer shall divide each such subdivision into other voting subdivisions, not containing more than two hundred electors each, and shall establish

a poll in each of such latter subdivisions. 38 V., c. 7, s. 91; 39 V., c. 13, ss. 8 and 9.

sion.

255. Every division of voting subdivisions, made by the Duration of returning officer, under either of the two preceding articles, such subdivishall only avail for the election in respect of which it was made. 38 V., c. 7, s. 92.

Case of

several polls

in one subdivision.

Polls, their location and

distance.

Where votes

256. In the event of the extent of the voting subdivision and the distance of a certain number of electors from the first poll, rendering the same necessary, the returning officer may, if he deem it advisable, establish one or more other polls in any voting subdivision, even if the number of electors therein be less than that hereinabove set forth. 38 V., c. 7, s. 93.

257. The polls shall be established in central and commodious localities, in such manner as to be at a distance of not less than two hundred yards apart from each other in any city, town or village municipality, and of one mile apart in any other municipality. 38 V., c. 7, s. 94.

258. Electors shall vote only in the voting subdivision in shall be given. which is situated the property entitling them to vote. 38 V., c. 7, s. 95.

Proclama

$6.-Proclamation announcing the Election.

259. Within the eight days next after the receipt of the tion of return- writ of election, the returning officer shall, by proclamation ing officer. under his hand, according to form G, and published in the French and English languages, set forth:

Place of nomination.

Hour.

Publication of the law

against corruption.

Posting up.

1. The place, day and hour at which the nomination of candidates shall take place;

2. The day upon which the polls shall be opened, if voting becomes necessary. 38 V., c. 7, s. 96 ; 39 V., c. 13, s. 10.

260. The locality specified for the nomination of candidates shall be the court-house, the city-hall, the registry-office, or any other public or private building, in the most central and convenient position for the majority of the electors of each electoral district. 38 V., c. 7, s. 97.

261. The hour fixed for the nomination of candidates shall be between noon and one o'clock in the afternoon. 38 V., c. 7, s. 98.

262. The returning officer shall publish at length and post up at the same time and in the same places as his proclamation the provisions respecting corrupt practices enacted by articles 404, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 423, 424, 425, 426, 427, 428, 429, 431, 433, 588, 589, 590 and 591. 38 V., c. 7, s. 99; 39 V., c. 13, s. 11; 39 V., c. 14, s. 3.

263. The returning officer shall cause the proclamation to be posted up at least eight days before the day of the nomination of the candidates, the day of the posting and that of the nomination not being included in such delay, in four of the most public and conspicuous places in each municipality or part of a municipality, included in the electoral district.