delay, to the returning officer applying for the same, shall incur a penalty of two hundred dollars, or imprisonment for six months in default of payment. 38 V., c. 7, s. 139.

212. The returning officer shall, in no case, have the He shall not right to decide upon the validity or sufficiency of the list of decide their electors. 38 V., c. 7, s. 140.

§ 10. Of Deputy Returning Officers.

validity.

213. The returning officer, by warrant under his hand, Dep. ret. off. according to form L, shall appoint a competent person to act as deputy returning officer, at each poll established by

him.

38 V., c. 7, s. 141,

officer.

211. If a deputy returning officer die, or be prevented New dep. ret. from discharging his office by sickness, absence or other cause, or, if he refuse to accept such office, or neglect to discharge the duties thereof, the returning officer shall appoint another person competent to act as deputy returning officer.

The new deputy returning officer shall be bound to discharge all the obligations of such office, under the same penalties as the first, in case of refusal or neglect. 38 V., c. 7, s. 142.

215 Each deputy returning officer shall, before acting as Oath. such, take and subscribe, before the returning officer or before a justice of the peace, the oath set forth in form M, and a certificate, according to form N, of the taking of such oath, by and under the hand of the returning officer or justice of the peace shall be delivered to him by the person administering the same. 38 V., c. 7, s. 143.

216. It shall be the duty of the returning officer to fur- Ret. off. shall nish to each deputy returning officer the list or a copy of or give list. extract from the list, containing the names of electors entitled

to vote at the poll for which he is appointed.

Each copy of and extract from the list shall be certified, either by the returning officer or by the legal custodian of the lists from which such copies or extracts are taken. 38 V., c. 7, s. 144.

217. If the list, extract or copy in the possession of any Loss of list. deputy returning officer have been lost or destroyed, it shall be the duty of the returning officer to provide that another certified list, extract or copy be supplied to such deputy returning officer. 38 V., c. 7, s. 145.

Ballot box.

Dep. ret. off. shall cause one to be

made.

Ballot papers.

Form of ballot paper.

Directions.

Posting up.

Poll clerk.

New poll clerk.

218. 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.

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

147.

220. 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 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.

221. The ballot paper of each elector shall be a printed 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.

The names and description of each candidate shall be set forth on the ballot paper, as in the nomination paper. 33 V., c. 7, s. 149. 39 V., c. 13, s. 16 and 46 V., c. 2, s. 4.

222. The returning officer shall also furnish to each deputy returning officer at least ten copies of 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.

223. 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,

224. If the poll clerk die, or be prevented from executing his office by illness, absence or other cause, or if he re

fuse to accept such office, or neglect 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 obligations of such office, under the same penalties as the first, in case of refusal or neglect. 38 V., c. 7, s. 152.

225. Every poll clerk, before acting as such, shall take Oath. and 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, under his hand, by the person administering the same. 38 V., c. 7, s. 153,

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

227. In the event of the deputy returning officer re- Replaces the fusing or neglecting to discharge the duties of his office or dep. ret. off. becoming unable to do so, and of no other deputy returning officer, appointed 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 fulfil 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,

228. Whenever any poll clerk shall act in the case pro- Appoint a poll vided for in the preceding article, he shall have power to clerk. appoint, by 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, 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.

229. The voting shall take place in a room or building Place of voof convenient access with a door for the admission of the ting.

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

Compart

ments.

Hours of vot

ing.

Reception of

votes.

Who may remain in the room.

Oath of agents.

Examination of the box.

Voting.

Facility of voting.

230. 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.

231. 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.

232. In addition to the deputy returning officer and the poll 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.

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

233. 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 244. 38 V., c. 7,

s. 161.

231. 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.

235. 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.

236. 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.

237. Each elector, being introduced, one at a time for Mode of voeach compartment, into the room where the poll is held, ting. shall declare his name, surname and addition, which shall be at once recorded in a poll book to be kept for that purpose by the poll clerk, in the form U. 38 V., c. 7, s. 165.

238. If such name be found on the list of electors for Idem. the voting subdivision of such poll, the voter shall receive from the deputy returning officer a ballot paper, on the back of which such deputy returning officer shall have previously put his initals, and, on the annex whereof, a number corresponding to that opposite the voters' name on the voter's list. 38 V., c. 7, s. 166. 46 V., c. 2, s 4.

239. Nevertheless, any elector so presenting himself, be- Oath. fore 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, and, under such oath, answer in the affirmative to questions, numbers 1, 2 and 3, and in the negative to questions, numbers 4, 5, 6 and 7, of this article: 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 any thing 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., c. 7, s. 167.

240. 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, 8. 168.