he shall dismiss the summons with or without costs direct; and any costs that are awarded shall be the are awarded by the practice of the court on similar ons. C.O., c. 3, s. 92.

ne ballot boxes, poll books, record books, statements of
and all materials or forms used at or in relation to the
place at which the vote appealed against was cast shall
ect to the order of the judge during the trial of the
C.O., c. 3, s. 93.

Costs

Election material to

be subject to order of judge

The costs to be allowed in the case of such inquiry shall Costs ording to tariff B in schedule 3 to this Ordinance and be taxed by the clerk and shall be chargeable in the first. to the sum placed in the hands of the sheriff of the judilistrict:

"ovided that the judge may instead (if the appeal is sus- Proviso ed) order the costs or a part thereof to be paid by the per

whose vote is appealed against. C.O., c. 3, s. 94.

5. When the sum of $10 provided for in section 73 hereof Further deposit - been applied in costs the judge may from time to time rere the deposit by the appellant of a further sum which shall fixed by him according to the probable expenses of the -e; and if such deposit is not paid before continuing the prodings the appeal may be dismissed with or without costs as judge may direct.

2) If at the conclusion of the appeal a part of the sum or ins deposited remains in the sheriff's hands after all orders gainst it have been paid it shall be returned to the person desiting the same. C.O., c. 3, s. 95.

Any part of deposit

remaining after appeal to be

returned

appeal

96. If at any time the appellant notifies the judge over his Withdrawal or gnature of his desire to withdraw an appeal the proceedings in that appeal shall forthwith cease; and the balance of the inoney deposited by the appellant after payment of the costs of Costs the court up to that time shall be returned to him; but if there is not sufficient balance remaining to pay such costs the judge may in his discretion order the appellant to pay the deficiency to such party as he may by his order direct. C.O., c. 3, s. 96.

COUNT OF APPEALED VOTES BY JUDGE.

hearing appeals

97. After the judge has concluded his inquiry as to all the Duty of judge after appeals regarding the validity of votes cast which have been brought before him and rendered his decision, unless a recount has been demanded he shall—

(5) Ballots appealed and sustained

Count of votes

Ballots that are illegibly marked

Announcement of

result

Disposition of ballot papers

Continuation of count

of the ballot paper] and have been properly initialed or stamped [on the outside or back] by the deputy returning officer among the ballots already counted by the deputy returning officer and shall enter the number in his record book; and shall keep separately and place in a securely sealed package those which he considers do not make apparent the intent of the voter or are not properly initialled or stamped and shall enter the number in his record book. C.O., c. 3, s, 82; 1899, c. 3, s. 22.

83. He shall then open the envelopes containing the ballots whose validity has been sustained by the court of revision or by himself and against which no appeal has been entered as provided in section 73 of this Ordinance; and after opening each such ballot (without examination) and placing it amongst the unobjected ballots shall enter the facts in full in his record book. C.O., c. 3, s. 83.

84. The returning officer (after mixing the ballots so that those put in last shall not be distinguishable) shall proceed to open the ballots and count the number cast for each candidate. C.O., c. 3, s. 84.

85. In case a ballot is so marked that it is difficult or impossible to distinguish for which candidate it was intended to be counted it shall be placed with the ballots which do not make apparent the intent of the voter mentioned in section 82 hereof. C.O., c. 3, s. 85.

86. When all the ballots contained in the ballot box have been counted, the returning officer shall announce the result and shall record the same in his record book; and shall proceed to seal up in separate parcels the counted ballots and the spoiled ballots; and these parcels with the ballots still the subject of appeal shall be returned to the ballot box which the returning officer shall seal so that it cannot be opened without breaking the seal; and the candidates or their agents shall also be permitted to similarly affix their seals. C.O., c. 3, s. 86.

87. The returning officer shall then proceed similarly with the ballot box and returns of the second polling station and so on until all the ballots cast in the electoral district have been disposed of as herein before provided. C.O., c. 3, s. 87.

Declaration of result of polling

DECLARATION OF ELECTION.

88. The returning officer shall then declare elected the candidate for whom the largest number of ballots have been counted; and shall deliver to all the candidates or to the agent of any candidate who may be present if the candidate is not present a written statement declaring the said candidate duly elected;

and such statement shall specify the number of ballots counted for each candidate, the number of spoiled ballots and the number still the subject of appeal.

of tie

(2) In case of a tie the returning officer shall give a casting Procedure in case vote, which shall be entered in his record book. C.O., c. 3, s. 88.

89. The returning officer shall then

returning officer

1. Cause all the ballot boxes, poll books, record books and Final duties of statements made by voters to be placed in the custody of the sheriff of the judicial district in which the electoral district or the largest part thereof is situated;

2. Hand over to the sheriff all moneys received by him as security for the costs in the prosecution of any appeals against the decisions of the courts of revision or of himself;

3. Notify the Clerk of the Supreme Court for the judicial district in which the electoral district or the largest part thereof is situated of any appeals that have been entered against any decision of the court of revision or of himself;

4. Forward to the Clerk of the Executive Council-
(a) The writ of election; together with [the oaths of office
of the returning officer and election clerk and]
(b) A certificate in writing specifying the name of the
candidate declared by him elected; and

(c) All the books, papers, affirmations and other materials
which have been returned to him, except such as have
been placed in the sheriff's hands as above pro-
vided.

(2) The candidate so certified as elected shall be deemed to Candidate deemed be duly elected until and unless a judge upon appeal or recount

as hereinafter directed shall declare another candidate elected.

C.O., c. 3, s. 89; 1899, c. 3, s. 23.

elected

HEARING OF APPEALS.

90. Any Clerk of the Supreme Court being notified as provid- Appeals to judge ed in the last preceding section shall forthwith after being so notified bring notification before the judge of the Supreme Court usually exercising jurisdiction in the judicial district in which the electoral district or the largest part thereof is situated; and such judge shall thereupon appoint a convenient time and place within such judicial district to hear such appeals and direct the clerk to give such notice to the persons interested in such appeals as he may direct and in such manner

Inquiry by judge

Powers of judge

Clerk to attend

Subpoenas to be issued by clerk

Witness failing to obey subpoena

Attachment against such witness

Judge may dismiss

summons

as he may direct; and the clerk shall give such notice accordingly. C.O., c. 3, s. 90.

91. The judge shall sit at the time and place so appointed and hold an inquiry into the validity of the votes cast regarding which appeals have been made; and shall hear such evidence as may be adduced; and may affirm or reverse [with costs] the decision of the court of revision or of the returning officer (as the case may be) with respect to any such vote; and shall render such judgment with respect to the validity of such vote as said court or returning officer ought to have rendered.

(2) The judge sitting in appeal shall be deemed a court and shall have and exercise all the powers and authorities by this Ordinance conferred upon the court of revision.

(3) The Clerk of the Supreme Court for the judicial district within which the judge is sitting shall attend at such sittings and shall administer oaths to the witnesses, and otherwise act as clerk of the court. C.O., c. 3, s. 91; 1899, c. 3, s. 24.

92. All subpoenas issued for the attendance of witnesses before such judge sitting in appeal shall be issued by the said clerk under the seal of the Supreme Court for such judicial district and shall be deemed to be issued out of such court.

(2) Any witness being duly served with any such subpoena and being paid or tendered the fees and conduct money provided in tariff B in schedule 3 hereto who fails without reasonable excuse to obey the behests of such subpoena shall be deemed to have committed a contempt of the Supreme Court.

(3) In case any such contempt is alleged to have been committed application may be made to a judge of the said Supreme Court usually exercising jurisdiction in such judicial district sitting in chambers for a writ of attachment against the person alleged to be guilty of such contempt; and such application shall be founded upon such material as chamber applications in such court are usually founded upon; whereupon such judge shall proceed on such application according to the chamber procedure in such court; and if on the return of the chamber summons and hearing the parties and evidence adduced the judge shall be of opinion that a contempt has been committed he shall order an attachment to issue out of such court against the party offending; and such attachment shall issue accordingly and the party shall be dealt with in the same way that he would be dealt with under and by virtue of any writ of attachment if sued out according to the practice of the court.

(4) If the judge is of opinion that no contempt has been