ship fifty-three across the several ranges in the said system of survey to the eastern boundary of the Province of British Columbia and thence north-westerly and northerly along the eastern boundary of the Province of British Columbia to the aforesaid northern boundary of the provisional district of Alberta; and such electoral district shall return one member. Am. 1902, c. 2, s. 3.

Short title

Writ, date of issue and return

Returning officer

Refusal or
inability
to act

Proviso

Day and place of nomination to be named in writ

At general election day to be same in all districts

10 and not less than 12 days to elapse

between date of writ and nomination

T

CHAPTER 3.

An Ordinance Respecting Elections.

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

SHORT TITLE.

1. The Ordinance may be cited as "The Territories Elections Ordinance." C.O., c. 3, s. 1.

ISSUE OF WRIT.

2. Every writ for the election of a member of the Legislative Assembly shall be dated and shall be returnable on such day as the Lieutenant Governor determines; and shall be addressed by the Clerk of the Executive Council to such resident elector of the electoral district in which the election is to be held as the Lieutenant Governor appoints; and such person shall be the returning officer at the election to which such writ relates:

Provided always that if the person to whom the writ has been addressed refuses or is unable or unqualified to act, he shall (under penalty hereinafter provided) forthwith after the receipt of such writ notify the Lieutenant Governor by the most speedy means available of such inability or refusal or want of qualification, when the Lieutenant Governor may order another writ to issue or may appoint some other resident elector as returning officer who shall act under the writ already issued:

Provided also that no election shall be declared void if the person to whom the writ is addressed acts thereunder as returning officer on the ground that such person is not a resident elector of the district or is otherwise disqualified to act as returning officer. C.O., c 3, s. 2.

3. The Lieutenant Governor shall fix the day and locality for the nomination of candidates at such election; and the day and locality so fixed shall be specified in the writ of election for that electoral district:

Provided always that in the case of a general election the day so fixed shall be the same in the case of every electoral district except that it may be varied when rendered necessary. under any other provisions of this Ordinance:

Provided further that there shall be an interval of [not less than ten and not more than twelve days] between the date of the writ and the day of nomination mentioned therein. C.O., c. 3, s. 3; 1899, c 3, s. 2.

[3a. As soon as the day and the several localities for the nomination of candidates have been fixed as in the next preceding section provided, the Clerk of the Executive Council shall direct publication of a notice in form E in schedule 2 to this Ordinance to be made once in each week between the date of the writs of election and the day fixed for the nominations in every newspaper printed and published in the Territories and in such other newspaper circulating within the Territories as he may be directed so to do by the Lieutenant Governor :

Provided that it shall not be obligatory to direct publication of such notice in any newspaper which is not printed and published or if printed is not published or if published is not printed within the limits of any electoral district in which an election may not have been ordered.] 1899, c. 3, s. 3.

Advertise

ment of notice

of election

How to be

4. The writs of election shall be in form A in schedule 2 to Form of writ this Ordinance and shall be transmitted by registered letter by the Clerk of the Executive Council addressed to the respective transmitted returning officers, unless otherwise ordered by the Lieutenant Governor. C.O., c. 3, s. 4.

RETURNING OFFICER.

Indorsement
of receipt
of writ

5. The returning officer shall on receiving the writ of election forthwith indorse thereon the date on which he received the same; and before taking any further action thereon he shall take the oath of office in form B in schedule 2 to this Oath of office Ordinance. C.O., c. 3, s. 5; 1899, c. 3, s.4.

election clerk

6. The returning officer by a warrant under his hand and in To appoint an form C in schedule 2 to this Ordinance shall appoint an election clerk and may at any time during the election appoint in the same manner another election clerk if the one so appointed resigns or is unable to perform his duties as such clerk. C.O., c. 3, s. 6.

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.

(2) All the provisions of this Ordinance in regard to returning officers shall apply to election clerks acting as returning

officers.

(3) The returning officer or election clerk shall not act as deputy returning officer or poll clerk in any polling division. C.O., c. 3, s. 7.

Responsibility clerks acting

of election

as returning officers

Oath of

election clerk

Penalties

8. The election clerk before acting as such shall take the oath of office in form D in schedule 2 to this Ordinance before the returning officer or any person authorised to administer an oath within the Territories. C.O., c. 3, s. 6; 1899, c. 3, s. 5.

9. The election clerk when acting for or in the stead of the 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. 3, s. 9.

C.O.,

Polling divisions

Proviso

Proviso

Buildings for polling places

School houses may be used for polling places

Rent of

school house

Division of district into

POLLING DIVISIONS.

10. The returning officer shall with all reasonable speed after receiving the writ of election—

1. (Repealed).

2. Subdivide tne electoral district into as many polling divisions as he deems necessary for the convenience of electors and number them consecutively and give to each a distinctive number:

Provided always that no such polling division shall have a greater voting population than 200:

Provided further however that if the polling division should 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.

[3. Secure and prepare a suitable and conveniently situated building for use as a polling place in each polling division.] C.O., c. 3, s. 10; 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 organized 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., c. 3, s. 11.

[12. At least seventy-two hours before the hour fixed in the

divisions

List of polling

writ for the nomination of candidates the returning officer shall polling 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 divisions 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 writ- Additional polling places ing 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 within 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., c. 3, s. 13; 1899, c. 3, s. 8.

POSTPONEMENT OF NOMINATION.

[14. Whenever after being nominated any candidate dies 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.