may be, with respect to or in consequence of which such recount or final addition is to take place, which command the returning officer and election clerk shall obey. 63-64 V., c. 12, s. 90.

the recount.

196. At such recount of votes or final addition by the judge, Who may be the returning officer and his election clerk shall be present, and present at each candidate shall be entitled to be represented by not more than three agents appointed to attend, and may himself be present if he desires.

2. In case any candidate is not represented, then any three If candidate electors may declare their desire to attend in his behalf, and not represhall be entitled to attend.

sented.

3. Except with the sanction of the judge, no other person Authority of shall be present at such recount or final addition. 63-64 V., C. judge. 12, s. 90.

recount.

197. At the time and place appointed, and in the presence Making final of the said persons, the judge shall proceed to make such final addition or addition from the statements contained in the several ballot boxes returned by the several returning officers, or to recount all the votes or ballot papers returned by the several deputy returning officers, as the case may be, and shall, in the latter case, open the sealed packets containing,

(a) the used ballot papers which have been counted; (b) the rejected ballot papers;

(c) the spoiled ballot papers;

and he shall open no other ballot papers. 63-64 V., c. 12, s. 90.

Opening sealed packets of ballots.

tinuous.

198. The judge shall, as far as practicable, proceed con- Proceedings tinuously, except on Sunday, with the final addition or recount to be conof the votes, allowing only time for refreshment, and excluding, except so far as he and the persons aforesaid agree, the hours between six o'clock in the afternoon and nine in the succeeding forenoon.

2. During such excluded time and recess for refreshments, During exthe judge shall place the ballot papers and other documents cluded time relating to the election closed under his own seal and the seal be under of such other of the said persons as desire to affix their seals, and shall otherwise take all necessary precautions for the security of such papers and documents. 63-64 V., c. 12, s. 90.

seal.

199. The judge shall, in the case of a recount, proceed to Mode of proceeding with recount the votes according to the rules set forth for every the recount. deputy returning officer at the close of the poll, and shall verify or correct the ballot paper account and statement of the number of votes given for each candidate. 1 E. VII., c. 16, s. 8.

200. Upon the completion of such recount, or as soon as After comhe has so ascertained the result of the poll, the judge shall pletion of reseal up all the said ballot papers in separate packets. 1 E. VII., to seal up c. 16, s. 8.

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count, judge

ballots in separate 201. packets.

Powers of judge.

Idem.

Certificate by judge.

Casting vote of returning

201. The judge shall also, if necessary or required, review the decision of the returning officer with respect to the number of votes given for a candidate at any polling place, where the ballot box used was not forthcoming when he made his decision, or when the proper certificates or papers were not found therein.

2. For the purpose of arriving at the facts, the judge shall have all the powers of a returning officer with regard to the attendance and examination of witnesses. 63-64 V., c. 12. s. 90.

202. The judge shall forthwith certify the result of the recount or final addition to the returning officer, who shall then declare to be elected the candidate having the highest number of votes.

2. In case of an equality of votes, the returning officer shall officer in case give the casting vote. 63-64 V., c. 12, s. 90.

of tie.

Costs.

Costs to be taxed.

As to disposal of deposit.

Action for

balance of costs.

Failure of judge to act.

Remedy.

203. If the recount or final 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. 63-64 V., c. 12, s. 90.

204. The judge shall tax the costs on giving his decision; and shall, as nearly as may be, follow the tariff of costs to be allowed with respect to proceedings in the court in which the judge ordinarily presides. 63-64 V., c. 12, s. 90.

205. The moneys deposited as security for costs shall be paid out to the said candidate on account thereof, so far as

necessary.

2. If the deposit is insufficient, the party in whose favour costs are awarded shall have his action for the balance. 63-64 V., c. 12, s. 90.

Procedure if the Judge fails to comply.

206. In case of any omission, neglect or refusal of the judge to comply with the foregoing provisions in respect of the recount or final addition therein provided for, or to proceed therewith, then any party aggrieved may, within eight days thereafter, make application,—

(a) in the province of Ontario, to a judge of any division of the High Court of Justice;

(b) in the province of Quebec, to a judge of the Court of King's Bench:

(c) in the province of Nova Scotia, New Brunswick, Prince Edward Island or British Columbia, to a judge of the Supreme Court of the province;

(d) in the province of Manitoba, to a judge of the Court of King's Bench;

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(e)

(e) in the province of Saskatchewan or Alberta, to the Supreme Court in banc of the Northwest Territories pending the abolition of that Court by the legislature of the province, and thereafter, to such superior court of justice, as in respect of the civil jurisdiction of the said Court, is established for the province in lieu thereof;

(f) in the Yukon Territory, to the Territorial Court in banc;

for an order commanding the judge to comply with such directions and to proceed with and complete such recount or final addition. 57-58 V., c. 15, s. 11; 63-64 V., c. 12, s. 91; 2 E. VII., c. 37, s. 50; 4-5 E. VII., c. 3, s. 16, c. 42, s. 16.

207. Such application may be made upon affidavit, which Order of need not be entitled in any matter or cause, setting forth the court for facts relating to such omission, refusal or neglect.

hearing.

others.

2. The judge or court, as the case may be, to which the application is made shall, if it appears that there is such omission, refusal or neglect, make an order appointing a time, within eight days, and a place for the consideration of such application, and directing the attendance of all parties interested Notice to at such time and place, and giving such directions for the service judge and of the order and of the affidavit or affidavits upon which the order was granted, upon the judge so alleged to be in default, and upon the other parties interested, as he thinks proper. 3. If the circumstances appear to the judge or court, as Service of the case may be, to warrant it, the judge or the court may direct that service upon any of such parties may be substitutional, or may be made by mail or by posting, or in such other manner as he thinks fit. 63-64 V., c. 12, s. 91.

notice.

208. The judge complained of, or any of the parties in- Affidavits terested, may file in the office of the clerk, registrar or pro may be filed. thonotary of the court to which or to a judge of which the application is made, as the case may be, affidavits in reply to those filed by the applicant, and, upon demand, shall furnish him with copies thereof. 63-64 V., c. 12, s. 91.

court after

hearing.

209. At the time and place appointed by the judge or court, Order of as the case may be, or at any other time and place to which the hearing may be adjourned, after hearing the parties, or such of them as are present or their counsel, the judge or some other judge of the same court, or the court shall make such order as the facts of the case, in the opinion of the judge or court, warrant, either dismissing the application or commanding the judge in default to take such action as is necessary in order to a compliance with the requirements of this Act in respect of the recount or final addition of votes by a judge, and to proceed with and complete such recount or final addition, and may make such order as to costs as the judge or court thinks proper. 63-64 V., c. 12, s. 91.

Judge to

obey order.

Return of candidate elected.

Form of return.

Return not

to be made until certificate of judge is received.

Report by returning officer.

Certain docu

sent with

return.

210. A judge so found to be in default as aforesaid shall forthwith carry out the directions of any order so made; and there shall be the same remedies for the recovery of the costs awarded by such order as for that of the costs in ordinary cases in the same court. 63-64 V., c. 12, s. 91.

Election Return.

211. The returning officer shall immediately after the sixth day after the final addition or the ascertainment by him of the number of votes given for each candidate, unless, before that time, he receives notice that he is required to attend before a judge for the purpose of a recount or final addition by such judge of the votes given at the election, and, where there has been a recount or final addition by the judge, immediately thereafter, transmit his return to the Clerk of the Crown in Chancery that the candidate having the largest number of votes has been duly elected, and shall forward to each of the candidates a duplicate or copy thereof, and such return shall be in form HH. R.S., c. 7, s. 60; 63-64 V., c. 12, s. 92; 2 E. VII., c. 37, s. 47.

212. The returning officer shall, after the receipt of notice from the judge or court that a recount or final addition will be had, delay transmitting his return to the Clerk of the Crown in Chancery until he receives a certificate from the judge of the result of such recount or final addition; and, upon receipt of such certificate, he shall proceed to make his return. 63-64 V., c. 12, s. 90.

213. The returning officer shall accompany his return to the Clerk of the Crown in Chancery with a report of his proceedings, in which report he shall make any observations he thinks proper as to the state of the ballot boxes or ballot papers as received by him. 63-64 V., c. 12, s. 92.

214. The returning officer shall also transmit to the Clerk of ments to be the Crown in Chancery the writ, with his return, the stamp furnished him for stamping the ballot papers and all the ballot papers, including those unused, the original statements of the several deputy returning officers, together with the lists of voters and the poll books used in the several polling divisions, and all other lists and documents used or furnished for the election, or which have been transmitted to him by the deputy returning officers. 63-64 V., c. 12, s. 92.

How sent.

If return is irregular.

215. Such return and report shall be sent through the post office, after being registered. 63-64 V., c. 12, s. 92.

216. In the event of the returning officer making a return and report to the Clerk of the Crown in Chancery not comply

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ing

ing with the provisions of the five sections last preceding, or making a return and report pending an application before a judge or court for an order commanding the judge to comply with the foregoing provisions for a recount or final addition, the Clerk of the Crown in Chancery shall return the said report and return, together with all ballot papers, to the returning officer on presentation of an order of a judge or court having jurisdiction in respect of such application. 63-64 V., c. 12, s. 92.

Canada

217. The Clerk of the Crown in Chancery shall, on receiving Notice of the return of any member elected to serve in the House of return in Commons, enter it in a book to be kept by him for such purpose Gazette. in the order in which such return is received by him, and thereupon immediately give notice in the ordinary issue of the Canada Gazette of the name of the candidate so elected and in the order in which it was received. 63-64 V., c. 12, s. 94.

Custody of Election Papers.

Crown in

218. The Clerk of the Crown in Chancery shall, subject to Clerk of the the provisions of this Act, retain in his possession the papers Chancery transmitted to him by any returning officer, with the return, for to retain at least one year, if the election is not contested during that time, papers, etc. and, if the election is contested, then for one year after the termination of such contestation. 63-64 V., c. 12, s. 95.

SECRECY.

219. Every candidate, officer, clerk and agent in attendance Secrecy at a polling station shall maintain and aid in maintaining the during poll. secrecy of the voting at such polling station; and no such candidate, officer, clerk or agent shall, before the poll is closed, communicate to any person any information as to whether any person on the list of voters has or has not applied for a ballot paper or voted at that polling station. 63-64 V., c. 12, s. 96.

with voter

220. No candidate, officer, clerk, agent or other person shall Interfering interfere with, or attempt to interfere with a voter when mark- marking ing his ballot paper, or otherwise attempt to obtain at the poll- ballot. ing station information as to the candidate for whom any voter at such polling station is about to vote or has voted. 63-64 V., c. 12, s. 96.

221. No elector shall, except when unable to read or in- Ballot not to capacitated by blindness or other physical cause from voting in be displayed. the manner prescribed by this Act, show his ballot paper, when marked, to any person so as to allow the name of the candidate. for whom he voted to be known. 63-64 V., c. 12, s. 96.

222. No person shall, directly or indirectly, induce or Inducing endeavour to induce any voter to show his ballot paper after he voter to dis

105

has

play ballot.