T. Casting vote 356. When, on the final addition of votes, an equality of of the return- votes, is found to exist between any of the candidates, and the ing officer. addition of a vote would entitle any one of such candidates to be declared elected, it shall be the duty of the retung officer immediately to give, in presence of the election clerk and of the witness, such additional or casting vote, by declaring in writing, signed by himself, for whom he votes. Retura. Certificate of election. Report. Documents to ted to Clerk of In no other case shall the returning officer have the right to vote. 38 V., c. 7, s. 205. 357. Immediately after the final addition of votes, the returning officer shall transmit to the Clerk of the Crown in Chancery his return, indicating the person elected for the electoral district. In the case of the preceding article, the returning officer shall indicate, in his report, the name of the candidate for whom he has given his casting vote. 38 V., c. 7, s. 206. 358. The returning officer shall, without delay, transmit a copy of his report to each candidate, and further to the candidate elect a certificate in form Y. 38 V., c. 7, s. 207. 359. The returning officer shall accompany his return to the Clerk of the Crown in Chancery, with a report of his proceedings, in which report, in addition to the statements already required, he shall make any observations he may think proper as to the state of the ballot boxes or ballot papers as received by him. 38 V., c. 7, s. 208. 360. The returning officer shall also transmit to the Clerk be transmit of the Crown in Chancery, with his return, the writ of electhe Crown in tion, his oath of office, the commission of the election clerk and Chancery. the oath of such officer, the original statements mentioned in Mode of article 351, together with the ballot papers, the list of electors used in the several polls, and all other lists or documents used or required at such election, or which may have been transmitted to him by the deputy returning officers. 38 V., c. 7, s. 209. 361. The various transmissions required under the four transmission. preceding articles are sent through the post office, after being registered. Custody of boxes. They may also be made personally to the officer entitled to receive them, but without travelling expenses. 38 V., c. 7, s. 210. 362. After the close of the election, the returning officer shall cause the ballot boxes used at the election to be deposited in the custody of the sheriff of the district, or of the registrar of the registration division, in which the nomination was held. If he himself be the sheriff or the registrar, he shall keep them in his own possession. 38 V., c. 7, s. 211. use. 363. At the next ensuing election, such ballot boxes shall Subsequent be delivered to the returning officer for such election by the then custodian thereof. 38 V., c. 7, s. 212. § 15.-Recount before a Judge. allowed in 364. In case it be made to appear, within four days after Recount of that on which the returning officer has made the final addition votes of the votes for the purpose of declaring the candidate or certain cases candidates elected, on the affidavit of any credible witness, to a judge of the Superior Court ordinarily discharging his duties in any judicial district in which the electoral district or any part thereof is situate, that such witness believes that any deputy returning officer at any election in such electoral district, in counting the votes, has improperly counted or rejected any ballot papers at such election, or that the deputy returning officer has improperly summed up the votes, and, 2. In case the applicant deposit within the same time, Deposit for with the clerk of the court, the sum of fifty dollars, as security, costs required. in respect of the recount, for the costs of the candidate, appearing by the addition to be elected, the said judge shall appoint a time, within four days after the receipt of the said Date of affidavit by him, to recount the votes, or to make the final recount, fixed by the judge. addition, as the case may be. 42-43 V., c. 15, s. 1 ; 44-45 V., c. 8, s. 1. 365. The judge shall give notice in writing to the candi- Notice to candates or their agents of the time and place at which he will didates, &c. proceed to recount the votes, or to make such final addition, as the case may be, and shall summon and command the returning officer and his election clerk, to attend then and there Duty of with the parcels containing the ballots used at the election; officer in such which command the returning officer and his election clerk case. shall obey. 42-43 V., c. 15, s. 1. returning recount. 366. The said judge, the returning officer and his election Persons clerk, and each candidate, or his agent authorized to attend present at such recount of votes, or in case any candidate cannot attend, then not more than one agent of such candidate, and if the candidates and their agents be absent, then at least three electors shall be present at such recount of the votes. 42-43 V., c. 15, s. 2. 367. At the time and place fixed, the said judge shall pro- Formalities ceed to recount all the votes or ballot papers returned by the required for several deputy returning officers, and shall, in the presence of recount. Day and hour on which recount shall take place. Packages to ing adjourn ment. the parties aforesaid, if they attend, open the sealed packets containing : 1. The used ballot papers, which have been counted; 2. The rejected ballot papers; 3. The spoiled ballot papers and no other ballot papers; commencing and proceeding in alphabetical or numerical order of the polls. 42-43 V., c. 15, s. 3. 368. The judge shall, as far as practicable, proceed continuously, except on Sundays and other non-juridical days, with such recount of the votes, allowing only time for refreshments, and excluding (except so far as he and the parties aforesaid agree) the hours between six o'clock in the evening and nine on the succeeding morning. During the excluded time (and recess for refreshments) the be sealed dur- said judge shall place the ballot papers and other documents relating to the election in a sealed envelope, under his own seal and the seals of such other of the parties as desire to affix their seals, and shall otherwise take the precautions necessary for the security of such ballot papers and documents. 42-43 V., c. 15, s. 4. Rules for recount of votes. Ballot papers to be sealed up. Result to be 369. The judge shall proceed to recount the votes, according to the rules set forth in article 340, and shall verify or correct the count of the ballot papers and statement of the number of votes given for each candidate, by deciding the objections without delay, and as they are made. Upon the completion of such recount, or so soon as he has thus ascertained the true result of the poll, he shall seal up all the said ballot papers in separate packets, and shall forthwith certify the result to the returning officer, who shall then declare to be elected the candidate having the highest number of votes, and, in case of an equality of votes, the returning officer shall Casting vote give the casting vote, in like manner as provided in article of returning 356. 42-43 V., c. 15, s. 5. certified to returning officer. officer. Return to Clerk of Crown in Chancery, delayed if there be a recount. Costs of recount. 370. The returning officer, after the receipt of a notice from the judge of such recount of ballots, shall delay making his return to the Clerk of the Crown in Chancery until he receive a certificate from the judge of the result of such recount, and, upon receipt of such certificate, the returning officer shall proceed to make his return in the form of schedule Y. 42-43 V., c. 15, s. 6. 371. In case the recount or addition does not so alter the result of the poll as to affect the return, the judge shall order the costs of the candidate appearing to be elected to be paid by the applicant; and the deposit shall be paid over to the said candidate, on account thereof, so far as necessary, and the judge shall tax the costs on giving his decision; and, if the deposit be insufficient, the party in whose favor costs are allowed shall have his right of action for the balance. 42-43 V., c. 15, s. 7. § 16.-Miscellaneous. of the 372. The Clerk of the Crown in Chancery shall, on receiv- Publication ing the return of any member elected to the Legislative election. Assembly, publish, in the ordinary issue of the Quebec Official Gazette, the name of the candidate elect. 38 V., c. 7, s. 213. 373. The Clerk of the Crown in Chancery shall retain in Clerk of the his possession the papers transmitted to him by any returning Crown in Chancery officer with the return, for at least one year, if the election or shall preserve return be not contested during that time, and, if the election papers for a certain time, or return be contested, then for at least one year after the termination of such contestation. 38 V., c. 7, s. 214. of. 374. He shall deliver, on application to that end and on Shall give payment of a fee of ten cents per hundred words, certified copies therecopies of all writs, poll books, reports, returns or other documents in his possession concerning any election, except of ballot papers. Each copy thus certified shall be prima facie proof before Copies prima any judge, election court, or tribunal in the Province. 38 V., facie proof. c. 7, s. 215. 375. No person shall be allowed to inspect any admitted or Inspection of rejected ballot papers in the custody of the Clerk of the Crown ballot papers. in Chancery, or to obtain the production thereof, except under a rule or order of the Superior Court or a judge thereof. Such rule or order shall be granted by such court or judge, Granting of upon evidence under oath, that the inspection or production of order. such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to such ballot papers, or for the purpose of preparing or sustaining a petition questioning an election or return. Any order, for the inspection or production of ballot papers, Conditions of may be made, subject to such conditions as to persons, time, order. place and mode of inspection or production, as the court or judge may think expedient, and the candidates shall be notified of the day and hour fixed for the examination. Each such rule or order shall be final and without appeal; Order final. and shall be obeyed by the Clerk of the Crown in Chancery, To be obeyed, under pain of punishment for contempt of court. 38 V., c. 7, s. 216. 376. The property of the ballot boxes, ballot papers, and Property of instruments used in marking ballot papers, procured for or ballot boxes, used at any election, shall be in Her Majesty. 38 V., c. 7, s. 217. papers, &c. Penalty for certain offences. Authorized agent. The candi 377. Whosoever, at any time, before, during, or after the voting, shall: 1. Deface or destroy any ballot; or 2. Without authority, supply one or more ballot papers to any person whomsoever, or mark the same; or 3. Destroy, take, open or manipulate, without authority, any ballot box, or parcel of ballot papers, which are or have been used at an election; or 4. Attempt to commit any breach of the provisions of this article; Shall incur, for each offence, If he be an election officer or other person engaged in the election, a penalty of one thousand dollars, or imprisonment for two years in default of payment, or, If he be any other person, a fine of five hundred dollars, or imprisonment for six months in default of payment. 38 V., c. 7, s. 218; 40 V., c. 27, s. 1. 378. Any person, producing to the returning officer or deputy returning officer, at any time, a written authority from a candidate to represent him at the election or at any proceeding of the election, shall be deemed an agent of such candidate within the meaning of this act. 38 V., c. 7, s. 219. 379. A candidate may himself undertake the duties which date may act any of his agents, if appointed, might have undertaken, or may assist his agent in the performance of such duties. for himself. Agents present. Absence. Errors and omissions which do not annul the election. He may be present at any place in which the presence of his agent is authorized by this act. 38 V., c. 7, s. 220. 380. Where, in this act, any provision requires or authorizes any act to be done, or implies that any act is to be done in the presence of the agents of the candidates, such provision shall be deemed to refer to such agents of the candidates as may be authorized to attend, and as have, in fact, attended at the time and place where such act was done. The non-attendance of any agents or agent shall not, if the act or thing be otherwise duly done, invalidate the same. 38 V., c. 7, s. 221. 381. No election shall be declared invalid by reason of: 1. Non-compliance with the formalities contained in this act, as to the proceedings of the voting or the counting or summing up of the votes; or 2. Any mistake in the use of the forms annexed to this act; |