for such commitment and conveyance shall be the same as when a person is committed to prison under a summary conviction. witness fees (2) Before any summons is issued requiring the attend- Deposit to pay ance of a witness at the court of revision the person desiring the attendance of such witness shall furnish the deputy returning officer with such sum of money as will be sufficient to pay the fees of the said witness as provided in the said tariff. C.O., c. 3, s. 61. to fees 62. The person whose right to have voted is the subject of Right of voter objection shall not be paid witness fees until the court decides that he had a right to vote; and such witness fees shall be paid to the deputy returning officer at or before the opening of the court of revision by the person or persons at whose request the inquiry is held. C.O., c. 3, s. 62. 63. If the person whose right to vote is the subject of inquiry fails to appear personally or by agent according to the notice received by him on polling day his vote shall be disallowed and he shall be liable for the costs of all witnesses summoned in respect to this case: Default of appearance by voter represented by [Provided that any candidate or the agent of any candidate Voter may be in the event of any such person failing to appear in person or candidate or his by agent shall have the right to act as the agent of such person.] C.O., c. 3, s. 63; 1899, c. 3, s. 21. agent complaint 64. If at any time the person or persons at whose request Withdrawal of the inquiry as to the rightfulness of any vote is being held notifies the deputy returning officer over his or their signature they he or they wish the inquiry as to such vote to cease or in case the witness fees mentioned in section 61 of this Ordinance are not paid to the deputy returning officer as therein provided the inquiry shall cease forthwith and such person or persons shall pay all fees of witnesses summoned by the court of revision and the expense of summoning such witnesses up to the time at which he or they gave notice that the inquiry should cease; and such vote shall be allowed. C.O., c. 3, s. 64. naturalization 65. In case any party to the inquiry requires a certified Proof of copy of the certificate of naturalization of any voter whose vote is in question to be produced at such inquiry, he shall deposit with the deputy returning officer the necessary fees procuring the same from the clerk of the court or other officer with whom such certificate of naturalization is registered and a sum sufficient to cover postage and postal registration in sending for and forwarding such certified copy; and the deputy returning officer shall thereupon forthwith send by registered letter prepaid addressed to such clerk or other officer the said fee and sum sufficient to cover the postage and postal registration to forward such certified copy together with the address to which it is requested such certified copy shall be sent, and a request to forward such certified copy to such address; upon receipt of which registered letter, fees and postage such clerk or other officer shall forthwith by registered letter prepaid, addressed as requested, forward a certified copy of the certificate of naturalization. (2) Nothing in this section contained shall be held in any way to affect as evidence the validity of a certificate of naturalization at any time issued to the voter whose vote is in question. C.O., c. 3, s. 65. 66. Any of the parties to any such inquiry may appear before the court of revision in person or by agent. C.O., c. 3, s. 66. 67. The question to be determined at any inquiry by the court of revision hereby constituted shall be whether any statement made on polling day under the provisions of this Ordinance by the voter whose vote is the subject of the inquiry is false in whole or in part and if false in part in what respect it is so false. (2) If it is proved to the satisfaction of the court that any voter whose vote is the subject of inquiry has made any such statement which is false in whole or in part the vote of such voter shall be disallowed; but if it be proved to the satisfaction of such court that every such statement so made by such voter is altogether true such vote shall be allowed. (3) The burden of proving the truth of statements numbers 1 and 3 of form K if made by the voter shall lie on him: but the person challenging the vote shall be at liberty to produce evidence in rebuttal showing that such statements or either of them if made by the voter or some part thereof is untrue. (4) If the voter has made statement number 2 of the said form it will be prima facie assumed to be a true statement; and the burden of proving that it or any part of it is untrue. shall lie upon the person challenging the vote; but the voter on evidence being given to prove that the said statement or any part of it is untrue shall be at liberty to adduce evidence in rebuttal to show that it is true. (5) The decision of the court shall be rendered in open court and if the members of the court fail to agree it shall be stated in open court. C.O., c. 3, s. 67. court 68. Whenever (by reason of the absence of witnesses or Adjournment of other reasonable cause) it is impossible to hold or to conclude the inquiry on the day stated in the notice given on polling day, the court of revision shall cause the sitting to be adjourned from day to day until the inquiry is concluded: testimony Provided that the court (in case the adjournment is asked Absence of material for on the ground of the absence of material testimony, documentary or otherwise) must be satisfied that the person whose duty it was to procure such testimony has used reasonable diligence to do so. C.O., c. 3, s. 68. Court to make returns of 69. The court shall forthwith after concluding its labours make a return of the decisions reached by it on the qualifica- decisions reached tions of the several voters whose right to vote is the subject of dispute; and if any vote has been disallowed it shall specify on what ground it has been disallowed; that is, if it has been disallowed on the ground that any statement made by the voter is false. it shall specify the statement; if on the ground that any such statement is false in part, it shall specify in what particular it is so false; and the court shall forward such return to the returning officer duly certified by both members of the court of revision together with the poll books and statements pertaining to the election. (2) In case the members of the court of revision fail to agree, the full copy of the evidence certified to by both members of the court shall be forwarded with the return to the returning officer who shall render a decision. Where the court decision to be given by returning officer fails to agree officer (3) As soon as may be after the arrival of the returns and Count by returning at least two days before he commences to count the ballots, the returning officer shall render his decision regarding any ballot upon which the court of revision has failed to agree; and shall in said decision if he disallows the vote state (as in subsection 1 of this section) on what ground he disallows it. C.O., c. 3, s. 69. officer may award 70. The court of revision (or the returning officer when the Court or returning decision is made by him) may award costs to or against any costs party to the application, which costs shall only be for witness fees and expenses of summoning witnesses according to the scale of fees in tariff A of schedule 3 to this Ordinance; and moneys deposited under the provisions of section 65 hereof and the said costs may be levied by order of the said court or the returning officer (as the case may be) by distress in the same manner as distress is leviable upon a warrant issued on a summary conviction. C.O., c. 3, s. 70. 71. The expenses of holding the court of revision shall be Expenses of court charged as a part of the general expenses of the election. C.O., c. 3, s. 71. APPEALS. Examination revision 72. As soon as the returning officer has received from any returns of courts of deputy returning officer the papers mentioned in section 69 hereof he shall on demand permit their examination by the several candidates or their agents; and shall furnish to each candidate or his agent a certified copy of any such document that they may demand. C.O., c. 3, s. 72. Time for appeal Security for costs 73. Appeals against the decision of the court of revision or of the returning officer rendered under section 69 hereof may be entered with the returning officer by any candidate or his agent or by any person whose vote has been disallowed at any time up to the hour of commencing the count of the votes by the returning officer; and such appeal shall be entered by notice in writing to the said returning officer: Provided that no appeal shall be received by the returning officer unless the sum of $10 is deposited with him as security for the costs of the prosecution of such appeal. C.O., c. 3, s. 73. Custody of ballot box Production of books, Adjournment of court COUNT BY RETURNING OFFICER. 74. The returning officer shall have the custody of the ballot box from the time it leaves the hands of the deputy returning officer and shall be subject to the penalty provided in section 128 of this Ordinance if it is opened by himself or any other person until the day and hour appointed for the counting of the votes or (in case the count is adjourned under section 75 hereof) until the day and hour of such adjournment. CO., c. 3, s. 74. 75. The returning officer at the place and on the day and hour mentioned by him in his announcement on nomination day that a count would be held shall appear and produce the poll books, statement sheets of the deputy returning officers, statements of the court of revision showing the result of the objections made before them to the validity of any votes cast, and the ballot boxes of the several polling places. (2) If all the returns have not been received from the deputy returning officers on the day appointed, or if there are not two clear days between the day of receipt of the last return of the deputy returning officers or between the date of the latest decision of the returning officer under the provisions of section 69 hereof and the day appointed for the count, the returning officer may adjourn the count until a future day and may again from time to time in the like case adjourn from day to day until such returns are all in and until a time when two clear days have elapsed between the receipt of the last return of the deputy returning officers or the last decision of the returning officer under said section 69, whichever may have last happened. C.O., c. 3, s. 75. 76. The returning officer shall be provided with a suitable Record book book to be called a "record book," in which he shall enter the particulars required by this Ordinance to be kept on record. C.O., c. 3, s. 76. 77. The returning officer when the day and hour for count- The count ing the votes has arrived (whether according to his announcement on nomination day or in pursuance of any adjournment) shall then appear at the place designated and produce the proper book and material specified in section 75 hereof, and shall begin with polling place number 1 and shall note in his record book the number of ballots shown by the deputy returning officer's report of the polling place to have been cast; and he shall then open the ballot box and count the number of ballots contained therein. C.O., c. 3, s. 77. number 78. If the number is not the same as that mentioned in the Discrepancy in return of the deputy returning officer, he shall take a note of that fact. C.O., c. 3, s. 78. 79. He shall then first count and keep separately those Count ballots regarding which an appeal has been finally entered, (1) appealed ballots entering the names, numbers and full particulars in his record book. C.O., c. 3, s. 79. not appealed 80. He shall then count and keep separately in a sealed (2) Illegal ballots package the ballots which the court of revision has decided were illegally cast which are not the subject of appeal making a full record of the same in his record book; and the said ballots (without being removed from their envelopes) shall be destroyed by fire at the close of the count in the presence of the candidates or their agents if present. C.O., c. 3, s. 80. 81. He shall then count (without examination) and place in (3)Good ballots an open vessel the ballots which have been already counted by the deputy returning officer; and shall enter the number in his record book. C.O., c. 3, s. 81. 82. He shall then count the spoiled ballots and enter the (4) Spoiled ballots number in his record book; and shall examine them and shall place such as he considers make apparent the intent of the voter [by the colour of the mark or marks on the inside or front |