to voters.

141. The Deputy Returning Officer may, and upon request Explanations shall, either personally or through his clerk, explain to the voter, as concisely as possible, the mode of voting, and the colors in which the numbers and names of candidates are printed on the ballot paper.

deposit in

142. Upon receiving from the deputy returning officer the Marking ballot paper so prepared as aforesaid, the person receiving the ballots and same shall forthwith proceed into one of the compartments ballot box. provided for the purpose, and shall then and therein mark his ballot paper in the manner mentioned in the directions contained in form "KK.," by placing a cross on the right hand side opposite the name of the candidate for whom he desires to vote, thus X; and he shall then fold the ballot paper across so as to conceal the names of the candidates and the mark upon the face of such paper, and so as to expose the initials of the deputy returning officer and the number on the back, and leaving the compartment shall, without delay, and without shewing the front to any one, or so displaying the ballot paper as to make known to any person the name of the candidate for or against whom he has marked his vote, deliver such ballot paper so folded, to the deputy returning officer, who shall, without unfolding the same, or in any way disclosing the names of the candidates or the mark made by such elector, verify his own initials, and the number on the back of the paper, and at once deposit the same in the ballot box in the presence of all persons entitled to be present and then present in the polling place, and the voter shall forthwith leave the polling place; and

(1). While any voter is in any ballotting room or compart- Voters to enter ment for the purpose of marking his ballot paper, no other apartment singly. person shall be allowed to enter the room or compartment, or to be in any position from which he can observe the mode in which the voter marks his ballot paper; and

voting.

(2.) Every officer, clerk, and agent in attendance at a poll- Secrecy of ing place, shall maintain and aid in maintaining the secrecy of the voting of such polling place; and shall not communicate, before the poll is closed, to any person, any information as to whether any person on the list of electors has or has not applied for a ballot paper or voted at that polling place; and-

interfered

(3.) No officer, clerk, or agent, and no person whosoever Voter not to be shall interfere with or attempt to interfere with a voter when with. marking his vote, or otherwise attempt to obtain at the polling place information as to the candidate for whom any voter at such polling place is about to vote or has voted; and

(4.) No officer, clerk, agent, or other person shall commnni- Not to divulge cate at any time to any person any information obtained at

votes cast.

Secrecy of count, etc.

Ballots not to be exposed.

Penalty.

Ballot papers not to be taken from polling place.

Assisting vote's.

Marking ballot.

Note on list.

a polling place as to the candidate for whom any voter at such polling place is about to vote or has voted; and

(5.) Every officer, clerk, and agent in attendance at the counting of the votes, shall maintain and aid in maintaining the secrecy of the voting; and shall not attempt to ascertain at such counting, or communicate any information obtained at such counting, as to the candidate for whom any vote is given in any particular ballot paper; and—

(6.) No person shall, directly or indirectly, induce any voter to display his ballot paper after he has marked the same, so as to make known to any person the name of the candidate for or against whom he has so marked his vote; and—

(7.) Any contravention of this section shall be punishable by a fine not exceeding two hundred dollars, or in default of payment, by imprisonment for any term not exceeding six months.

143. No person who has received a ballot paper from the deputy returning officer shall take the same out of the polling place; and any person having so received a ballot paper, who leaves the polling place without first delivering the same to the deputy returning officer in the manner prescribed, shall thereby forfeit his right to vote and the deputy returning officer shall make an entry in the voters' list, in the column for remarks, to the effect that such person received a ballot paper but took the same out of the polling place, or returned the same declining to vote (as the case may be), and in the latter case the deputy returning officer shall immediately write the word "declined" upon such ballot paper and shall preserve it to be returned to the returning officer.

144. In case of an application by any person claiming to be entitled to vote, who is incapacitated by blindness or other physical cause from marking his ballot paper, or in case of any person claiming to be entitled to vote who makes a declaration that he is unable to read, the proceedings will be as follows:

in

(1.) The deputy returning officer shall, in the presence of the agents of the candidates, cause the vote of such person to be marked on a ballot paper manner directed by such person, and shall cause the ballot paper to be placed in the ballot box; and

(2.) The deputy returning officer shall state or cause to be stated in the voters' list by a note opposite the name of such person in the proper column of the said voters' list, that the vote of such person is marked in pursuance of this section, and the reason why it is so marked; and—

read.

(3.) The declaration of inability to read may be according Declaration to form "O," and shall be made by the person claiming to be ability to entitled to vote, at the time of the polling, before the deputy returning officer who shall attest the same as nearly as may be according to form "OO" and the said declaration shall be given to the deputy returning officer at the time of voting.

145. A person claiming to be entitled to vote, who has Spoiled ballot inadvertently dealt with his ballot paper in such manner that papers, it cannot be conveniently used as a ballot paper may, on delivering to the deputy returning officer the ballot paper so inadvertently dealt with and proving the fact of the inadvertence to the satisfaction of the deputy returning officer, obtain another ballot paper in the place of the ballot paper so delivered up, and the deputy returning officer shall immediately write the word "cancelled" upon such ballot paper and upon the counterfoil, and preserve it to be returned to the returning officer.

previous vote

146. If any person representing himself to be a particular Voting after elector named on the list of electors, applies to vote after under same another person has voted as such elector, the applicant shall name. upon duly taking the oath authorized by this Act to be administered to voters at the time of voting, be admitted to vote, and the name of such person shall be entered in the voters' list with a remark stating the fact that such person has been admitted to vote after another person had voted under the

same name.

147. Any person who is entitled to vote in the electoral Certified voter. division in which the election is being held, and who has been appointed deputy returning officer or poll clerk, or agent of one of the candidates, for a poll other than the one where he is entitled to vote, shall, on request, receive from the returning officer, a certificate showing such right to vote and authorizing him to vote at the poll where he is employed;

and

certificate.

(1) On the production of such certificate, such person, if Voting nder actually employed at a poll as deputy returning officer, poll clerk or candidate's agent, may vote in the usual manner at such poll, instead of voting at the poll where he would otherwise have been entitled to vote; and

poll book.

(2) Mention shall be made in the poll book, opposite the Mention in name of such voter, of the fact of his having voted under this clause.

148. Whenever the deputy returning officer shall not Interpreter. understand the language spoken by any elector claiming to

Undue delay forbidden.

Electors excused as witnesses.

Penalty for

vote he shall swear an interpreter who shall be the means of communication between him and such elector with reference to all matters required to enable such elector to vote.

149. Every elector shall vote without undue delay, and shall leave the polling station as soon as his vote is given.

150. No elector summoned as a witness before any judge or court whatever in this Province, shall be compelled to be or appear before such judge or court on the day during which polling takes place in the electoral division in which such elector is entitled to vote.

151. Any person wilfully voting at an election without illegal voting. having, at the time of his so voting all the qualifications required by this Act, shall, for so doing, incur a penalty of two hundred dollars, or, in default of payment, to imprisonment for a period not exceeding twelve months, and his vote shall moreover, be null and void; and in any action or prosecution instituted as hereinafter provided against any such person for the recovery of the said penalty, the burden of the proof of such person having, at the time of his so voting at such election, all the said qualifications, shall fall upon him and not upon the party instituting such action or prosecution.

Penalty for repeating votes.

Penalties for intimidation.

152. Any elector who votes more than once at the same election, shall for so doing incur a like penalty of two hundred dollars, or, in default of payment, to imprisonment for a period not exceeding twelve months, and every vote he gives subsequently to his first vote shall be null and void.

uses

153. Whosoever at any time during the polling shall either by threats, intimidation, force, violence, or otherwise, prevent any elector from coming to the poll to give his vote, or by the same unlawful means prevents him from voting or violence, threats, or intimidation against any elector after such elector has voted, or otherwise unlawfully interferes with any elector before, during or after such elector has voted, or attempts to commit any breach of the provisions of this clause shall incur for each offence, if he be an election officer or other person engaged in the election, a penalty of five hundred dollars, or, in default of payment, imprisonment for a period not less than twelve months, nor more than two years, or if he be another person, a fine of two hundred dollars, or, in default of payment, imprisonment for a period not less than six months, nor more than twelve months; and the term "election officer" used in this, shall mean the returning officer, the deputy returning officer, the poll clerk, the candidates, the representatives of the candidates, the clerk of each candidate, and the constables appointed by the returning or deputy returning officer, (as the case may be).

PROCEEDINGS AFTER THE CLOSE OF THE POLL.

box.

154. Immediately after the close of the poll in every poll- Opening ballot ing place, the deputy returning officer shall, in the presence of the poll clerk, and of such of the candidates or of their agents as may then be present, open the ballot box, and proceed to count the votes as follows:

ballots.

(1.) He shall examine the ballot papers, keeping them with Examining their printed faces upwards, and shall take all proper precautions for preventing any person from seeing the numbers printed on the back of the paper; and

rejected.

(2.) Any ballot paper which has not on its back the name Ballots to be or initials of the deputy returning officer, or on which votes are given to more candidates than are to be elected, or on which anything except the number and initials or name of the deputy returning officer on the back is written or marked, by which the voter can be identified, shall be void, and shall not be counted; and—

tion and de

(3.) The deputy returning officer shall take a note of any Note of objecobjection made by a candidate, or by his agent, or by any cision thereon. elector present, to any ballot paper found in the ballot box, and shall decide any question arising out of the objections; and the decision of the deputy returning officer shall be final, subject only to reversal on a recount by the county court judge, or on petition questioning the election or return; and

(4.) Every objection to a ballot paper shall be numbered, Numbering and a corresponding number shall be placed on the back of objections. the ballot paper, and shall be initialed by the deputy returning officer; and

ballots.

(5.) The deputy returning officer shall endorse "Rejected" Endorsement on any ballot paper which he may reject as invalid, and shall in rejected endorse "Rejection objected to," if an objection be made to the decision; and

(6.) The deputy returning officer shall then count up the counting up votes given for each candidate upon the ballot papers not votes. rejected, and make up a written statement, in words as well as in figures, of the number of votes given for each candidate, and of the number of ballot papers rejected and not counted by him, which statement shall be made under the several heads following:

(a) Name of polling division and of electoral division, and Contents of 1date of election; and

(b.) Number of votes for each candidate; and—

statement.