election clerk 7. The election clerk shall assist the returning officer in the Duties of performance of his duties and act in his stead as returning officer whenever the returning officer after appointing such election clerk refuses or is unable to perform his duties or admits his want of qualification and has not been replaced by another. of election (2) All the provisions of this Ordinance in regard to return- Responsibility ing officers shall apply to election clerks acting as returning clerks acting officers. (3) The returning officer or election clerk shall not act as deputy returning officer or poll clerk in any polling division. C. O. 3, s. 7. as returning officers election clerk 8. The election clerk before acting as such shall take the Oath of oath of office in form D in schedule 2 to this Ordinance before the returning officer or any person authorised to adininister an oath within the Territories. * C. O. 3, s. 8 and 1899, c. 3, s. 5. * 9. The election clerk when acting for or in the stead of the Penalties returning officer shall be subject to like penalties as the returning officer for violating any of the provisions of this Ordinance; but this shall not relieve the returning officer from any penalties provided to which he may render himself liable. C. O. 3, s. 9. POLLING DIVISIONS. 10. The returning officer shall with all reasonable speed after receiving the writ of election: divisions 2. Subdivide the electoral district into as many polling Polling divisions as he deems necessary for the convenience of electors and number them consecutively and give to each a distinctive name: Provided always that no such polling division shall have a Proviso greater voting population than 200: Provided further however that if a polling division should Proviso include a greater number of voters than 200 the fact shall not be held to invalidate the poll held in that polling division; nor shall it render the returning officer liable to a penalty. unless it can be shown that one or more duly-qualified voters have been deprived of the opportunity to vote by reason of such larger number of voters having been included within the polling division; Buildings for polling places School houses may be used for polling places Rent of school house Posting list of polling divisions Additional polling places 3. Secure and prepare a suitable and conveniently situated building for use as a polling place in each polling division. C. O. 3, s. 10 and 1899, c. 3, s. 6. 11. The returning officer is hereby vested with authority to take and use as a polling place any school house the property of any public or separate school district organised by virtue of any Ordinance of the Territories, if such school house is convenient for that purpose. (2) The school district shall be paid for the use of the school house such sum as the Lieutenant Governor in Council may allow. C. O. 3, s. 11. 12. At least seventy-two hours before the hour fixed in the writ for the nomination of candidates the returning officer shall subdivide the electoral district into polling divisions as provided for in section 10 of this Ordinance; and shall provide and cause a certified copy of the list of such polling divisions with a full description of each to be posted in a conspicuous position outside and adjoining the main entrance to the building in which the nomination is to be held and in such a manner that it may be seen and distinctly read; and shall on demand in writing of any elector at all reasonable times within the said period of seventy-two hours permit such elector to examine the original list of polling divisions and make such extracts therefrom as may be desired. 1899, c. 3, s. 7. 13. If a demand is made upon the returning officer in writing at any time up to six o'clock (standard time) of the day upon which the nominations are held for any additional polling subdivision (the polling place of which shall be named in the request and which shall not be within twenty miles of any polling place already appointed), the returning officer shall set apart as nearly as may be such proposed polling subdivision and appoint the polling place thereof. (2) The person making such demand as aforesaid shall file with the returning officer a statutory declaration stating that there are at least ten resident electors wihin the limits of the proposed additional polling subdivision. (3) In every such case the returning officer shall forthwith deliver to each candidate in nomination a description of such polling division with the polling place appointed. C. O. 3, s. 13 and 1899, c. 3, s. 8. POSTPONEMENT OF NOMINATION. candidate 14. Whenever after being nominated any candidate dies Death of before the close of the polls the returning officer on production to him of satisfactory evidence of the fact shall take any step necessary to stop all proceedings commenced and call for new nominations forthwith, at least five and not more than seven days' advice thereof being given by notice posted up in three conspicuous and public places in the locality where the nominations are ordered to be made and by delivering a copy of such notice to each living candidate nominated at the first nominations. (2) In every such case the returning officer shall forthwith make to the clerk of the Executive Council a special and full report under oath of the causes which occasioned the postponement of the election. 1899, c. 3, s. 9. NOMINATION. manner of 15. At any time after the date of the writ of election and Time and before twelve o'clock noon (standard time) of the day fixed nomination for the nomination, any four or more electors may nominate a candidate by signing before any person authorised to administer oaths within the Territories or before the returning officer and causing to be filed with the returing officer a nomination paper in form F in schedule 2 to this Ordinance; and any vote given at the election for any person other than a vote for candidate so nominated shall be null and void. C. O. 3, s. 15. person not nominated 16. A nomination paper shall not be valid or be acted upon Nomination by the returning officer unless: papers candidate (a) It is accompanied by the consent in writing of Consent of (b) A sum of $100 is deposited in the hands of the Deposit of $100 filed with him. nomination (2) The returning officer shall (the foregoing requirements Receipt for of this section being complied with) give his receipt for the paper nomination paper; and the said receipt of the returning officer shall in every case be sufficient evidence of the production of the nomination paper, of the consent of the candidate and of the payment herein mentioned. How deposit may be made Condition upon which deposit may be returned Forfeiture of deposit Procedure at hustings Closing nominations Procedure when only one canditate nominated (3) The returning officer shall accept the sum of money herein before mentioned if it is tendered: (a) In gold coin; (b) In Dominion of Canada notes; (c) In the notes of any bank chartered by the Parliament of Canada which at the time is redeeming its notes on demand; or (d) Partly in one and partly in another or others of the description of moneys herein mentioned; but he will not be obliged to accept such tender if any part of it consists of other descriptions of money than that herein specified. (4) The sum so deposited by any candidate shall be returned to him in the event of his being elected or of his obtaining a number of votes at least equal to one-half the number of votes polled in favour of the candidate elected as decided in the final count. (5) If such candidate has not obtained the number of votes in the next preceding subsection mentioned, the said deposit shall be transmitted by the returning officer to the clerk of the executive council and by him deposited to the credit of the general revenue fund of the Territories. C. O. 3, s. 16. NOMINATION PROCEEDINGS. 17. Every returning officer shall on the date of nomination and at the place fixed as aforesaid proceed to the hustings (which shall be at such a place that all the electors may have free access thereto) and at the hour of eleven of the clock (standard time) in the forenoon shall read or cause to be read publicly the writ of election; and shall forthwith read in an audible voice the nominations which he has received and from time to time until twelve o'clock of the day (standard time) shall so read further nominations as he receives them. C. O. 3, s. 17. 18. At the hour of twelve o'clock (standard time) the returning officer shall declare the nominations closed and chall announce in an audible voice the names of the several candidates. C. O. 3, s. 18. 19. If at the close of the hour for receiving nominations only one candidate for the vacancy to be filled remains in nomination, the returning officer shall then and there: 1. Declare the said candidate duly elected; 2. Give such candidate or any agent of such candidate if the candidate is not present a certificate that such candidate has been duly elected; 3. Forward to the clerk of the executive council the writ of election together with a certificate in writing declaring such candidate duly elected and all ballot boxes, poll books and other books, forms, seals, materials and things sent to him to be used in the election and which have not been used. C. O. 3, s. 19. when more candidate 20. If at the close of the hour for receiving nominations Procedure more than one candidate for the vacancy to be filled remains than one in nomination, the returning officer shall announce the day nominated upon which a poll will be held and the day, hour and place at which the ballots will be counted which must not be inore than eight days after the polling; and shall deliver to every candidate or to any person authorised in writing by the candidate or any of his nominators to act in his behalf a list of the candidates nominated with the colour assigned to each as specified in section 4 of schedule 1 to this Ordinance. (2) Colours shall be assigned to candidates in the order set forth in the said schedule in the order of nomination. C. O. 3, s. 20 and 1899, c. 3, s. 10. may withdraw 21. Any candidate nominated may withdraw at any time candidate after his nomination and before the closing of the poll by filing his nomination with the returning officer a declaration in writing to that effect signed by himself; and any votes cast for a candidate who shall have so withdrawn shall be null and void; and in case after such withdrawal there should remain only one candidate for the vacancy to be filled then it shall be the duty of the returning officer to forthwith return as duly elected the candidate so remaining and to proceed as directed in section. 19 hereof: forfeit his Provided always that if a candidate withdraw at any time but will after his nomination he shall forfeit the money deposited by deposit him and the returning officer shall transmit the same to the clerk of the Executive Council as provided in section 16 hereof. C. O. 3, s. 21. PROVIDING FOR THE POLLING. 22. Whenever a poll has been granted it shall be held on Date and the twenty-first day after the date of the writ and shall be polling hours of |