Ballot box.

How made.

Deputy

returning

297. The returning officer shall, at least two days before the voting, deliver to each deputy returning officer a ballot box to receive the ballot papers of the electors.

Such ballot box shall have a slit or narrow opening in the top, so constructed that the ballot paper may be introduced therein, but cannot be withdrawn therefrom, without opening the box, and shall be made of durable materials, with lock and key. 38 V., c. 7, s. 146.

298. When the returning officer has not supplied the deputy returning officer with the ballot box within the delay precause one to scribed in the preceding article, it shall be the duty of the latter to cause one to be made. 38 V., c. 7, s. 147.

officer shall

be made.

Ballot papers.

Form of

299. The returning officer shall furnish the deputy returning officer of each poll with a sufficient number of ballot papers to supply the number of electors entitled to vote at such poll, and with the necessary materials for the voters to mark their ballot papers.

All ballot papers shall be of the same description, and, as nearly as possible, alike. 38 V., c. 7, s. 148.

300. The ballot paper of each elector shall be a printed ballot paper. paper with an annex drawn up according to form O, specifying the names and description of the candidates, alphabetically arranged in the order of their surnames, or, if there be several candidates with the same surname, in the order of their christian names.

Directions.

Posting up.

Poll clerk.

New poll clerk.

The names and description of each candidate shall be set forth on the ballot paper, as in the nomination paper. 38 V., c. 7, s. 149; 39 V., c. 13, s. 16; 46 V., c. 2, s. 4.

301. The returning officer shall also furnish to each deputy returning officer at least ten copies of the printed directions for the guidance of voters in voting.

The deputy returning officer shall, on the day of the voting, at or before the opening of the poll, cause copies of such directions to be posted up in some conspicuous place outside of the poll, and also in each compartment of the poll. 38 V., c. 7, s. 150.

§ 11.-Poll Clerks.

302. Each deputy returning officer shall forthwith appoint, by a commission under his hand, according to form P, a competent person as poll clerk, to assist him in the execution of his duties. 38 V., c. 7, s. 151.

303. If the poll clerk dies, or is prevented from executing his office by illness, absence or other cause, or if he refuses to

accept such office, or neglects to discharge the duties thereof, the deputy returning officer shall appoint another person competent to act as poll clerk.

The new poll clerk shall be bound to discharge all the obli- His duties. gations of such office, under the same penalties as the first, in case of refusal or neglect. 38 V., c. 7, s. 152.

304. Every poll clerk, before acting as such, shall take and Oath. subscribe, either before the returning officer or deputy returning officer who appointed him, or before any justice of the peace, the oath set forth in form Q.

A certificate of the taking of such oath shall be delivered to him according to form R, by the person administering the same, and under his hand.

38 V., c. 7, s. 153.

305. The poll clerk at the poll for which he shall have been Duties of poll appointed shall be bound to aid and assist in the execution of clerk.

his duties the deputy returning officer appointed to keep the poll at such place, and to obey the orders of such deputy returning officer. 38 V., c. 7, s. 154.

306. In the event of the deputy returning officer refusing Replaces the or neglecting to discharge the duties of his office, or becoming deputy returning unable to do so, and of no other deputy returning officer, ap- officer. pointed instead of the former, presenting himself at the poll, the poll clerk shall, under the same penalties as those imposed upon a deputy returning officer, act as deputy returning officer, and, without being obliged for such purpose to take any new oath, shall fulfill all the duties and obligations thereof, in the same manner as if he had been appointed deputy returning officer. 38 V., c. 7, s. 155.

307. Whenever any poll clerk shall act in the case provided Appoints & for in the preceding article, he shall have power to appoint, by poll clerk. commission under his hand, according to form S, another person as poll clerk to aid and assist him, and to administer to such person the oath required of a poll clerk under this act.

Such poll clerk shall have the same obligations to discharge Duties. as if he had been appointed by the deputy returning officer, and shall incur the same penalties in the event of refusal or neglect. 38 V., c. 7, s. 156.

§ 12.-Voting.

308. The voting shall take place in a room or building of Place of voconvenient access, with a door for the admission of the voters, ting.

and having, if possible, another door through which they may leave, after having voted. 38 V., c, 7, s. 157.

Compart

ments.

Hours of voting.

Reception of

votes.

Who may re

room.

4

309. One or two compartments shall be made within the room, so arranged that each voter may be screened from observation, and may, without interference or interruption from any person whomsoever, mark his ballot paper. 38 V., c. 7, s. 158.

310. Each deputy returning officer shall open the poll assigned to him at the hour of nine of the clock in the morning, and keep the same open until five of the clock in the afternoon.

He shall, during that time, receive, in the manner hereinafter prescribed, the votes of the electors duly qualified to vote at such poll and applying to vote thereat. 38 V., c. 7,

s. 159.

311. In addition to the deputy returning officer and the poll main in the clerk, no person other than the candidates and their agents, not exceeding two in number for each candidate, shall be permitted to remain in the room where the votes are given during the whole time the poll remains open.

Oath of agents.

Examination of the box.

Locking thereof.

Voting.

Facility of voting.

Mode of voting.

In the absence of agents of any candidate, two electors may, on application to that effect, represent such candidate. 38 V., c. 7, s. 160.

312. One of the agents of each candidate, or, in the absence of such agent, one of the electors representing a candidate under the preceding article, shall take the oath, in the form T, to keep secret the names of the candidates for whom any of the voters may have marked his ballot paper in their presence, as prescribed by article 323. 38 V., c. 7, s. 161.

313. At the hour fixed for opening the poll, the deputy returning officer and the poll clerk shall, in the presence of the candidates, their agents, or the electors present, open the ballot box and ascertain that there are no ballots or other papers in the same.

The box shall thereafter be at once locked, and the deputy returning officer shall keep the key thereof. 38 V., c. 7, s. 162.

314. Immediately after the box shall have been locked, the deputy returning officer shall call upon the electors to vote. 38 V., c. 7, s. 163.

315. It shall be the duty of the deputy returning officer to facilitate the admission of every elector into the poll, and to see that he is not impeded or molested in or about the poll. 38 V., c. 7, s. 164.

316. Each elector, being introduced, one at a time for each compartment, into the room where the poll is held, shall declare his name, surname and addition, which shall be at once

recorded in a poll book to poll clerk, in the form U.

be kept for that purpose by the

38 V., c. 7, s. 165.

317. If such name be found on the list of electors for the Delivery of voting subdivision of such poll, the voter shall receive from ballot paper. the deputy returning officer a ballot paper, on the back of which such deputy returning officer shall have previously put his initials, and, on the annex thereto, a number corresponding to that opposite the voter's name on the voters' list. 38 V., c. 7, s. 166.

318. Nevertheless, any elector so presenting himself, before dath receiving his ballot paper, if thereunto required by the deputy returning officer, the poll clerk, one of the candidates, or one of their agents, or by any elector present, shall take the following oath or affirmation, and, under such oath or affirmation, answer in the affirmative to questions numbers 1, 2 and 3, and in the negative to questions numbers 4, 5, 6 and 7, of the form annexed to this article:

FORM OF OATH OR AFFIRMATION.

You swear to answer the truth and nothing but the truth to the questions which will be put to you; So help you God : 1. Are you (name of the voter as entered on the list,) whose name is entered on the list of electors now shown to you? (showing the list to the elector.)

2. Are

you a subject of Her Majesty ?

3. Are you of the full age of twenty-one years?

4. Have you voted before at this election, for this electoral district, at this or any other poll?

5. Has any promise been made to you, or to your wife, or to any of your relations, friends or other persons, to induce you to vote at this election?

6. Have you received anything for yourself, either through your wife or through any member of your family, or, in any other manner to induce you to vote at this election, or in relation to your vote at this election, or are you acting, have you acted or do you intend to act, in the interest of any candidate at this election, either as paid carter or paid canvasser, with the view of obtaining anything for your trouble?

7. Have you been guilty of any other corrupt practice which disqualifies you from voting at this election? 38 V., e. 7, s. 167.

319. No ballot paper shall be given to any elector, who Refusal to shall have refused to take the oath or affirmation mentioned swear. in the preceding article, when thereunto required, or who, having taken the same, shall not have answered in the manner prescribed in such preceding article. 38 V., c. 7, s. 168.

Gath exacted

turning

officer.

320. Whenever any deputy returning officer has reason by deputy re- to know or believe that any person presenting himself to vote has already voted at the election, and presents himself with the view of voting again, or that such person desires to vote under a false name or designation, or falsely gives himself out or represents himself as entered upon the list of electors, such deputy returning officer, whether he be required to do so or not, shall administer to such person the oath or affirmation authorized by law. 38 V., c. 7, s. 169.

321. The elector on receiving the ballot paper shall forthwith proceed into one of the compartments of the poll, and there shall mark his ballot paper, marking a cross with a pencil opposite the name of the candidate for whom he intends to vote, after which he shall fold it up and hand it to the deputy returning officer.

Such officer shall ascertain, by examination of his initials and of the number, without unfolding the same, that such ballot paper is the same supplied by him to the voter, and, after having detached and destroyed the annex, he shall, immediately and in the presence of the voter, place the same in the ballot box. 38 V., c. 7, s. 170; 39 V., c. 13, s. 17.

322. The poll clerk shall enter in the poll book, opposite the name of each elector presenting himself to vote:

1. The word "voted," as soon as the elector's ballot paper has been deposited in the ballot box;

2. The word "sworn" or "affirmed" if the elector has taken the oath or affirmation;

3. The words "refused to be sworn or "refused to affirm if the elector has refused to take the oath or affirmation. 38 V., c. 7, s. 171.

323. The deputy returning officer, on application of any voter who is unable to read or write, or is incapacitated, by blindness or other physical cause, from voting in the manner prescribed by this act, shall assist such voter:

1. By marking his ballot paper in favor of the candidate mentioned by the voter, in the presence only of the sworn agents or of the sworn electors, as the case may be;

2. By placing such ballot paper in the ballot box. 38 V., c. 7, s. 172.

324. Whenever a voter has had his ballot paper prepared in conformity with the preceding article, mention of the fact shall be made in the poll book opposite to the name of such voter. 38 V., c. 7, s. 173.