in number (4) If the number of ballot papers found in the ballot box Discrepancy does not correspond with the number appearing in the poll of ballots book as having been cast, the fact shall be noted in the poll book. No. 11 of 1897, s. 56. deputy 57. The deputy returning officer shall then return all the Duty of ballots to the ballot box and shall place within it a statement returning signed by himself as deputy returning officer containing (a) The name and number of the polling division; (b) The number of ballots cast at that polling place ac cording to the poll book; and (c) The number of ballots actually contained in the ballot box; and he shall then securely lock and seal the same in the presence of the candidates or their agents or scrutineers or in their absence in the presence of any electors present; and shall make out a statement in duplicate, one copy of which he shall keep and shall transmit the other to the returning officer, showing (d) The total number of votes cast; (e) The total number of the unobjected ballot papers cast for each candidate; (ƒ) The number of spoiled ballots; (g) The number of those the rightfulness of which is in dispute; with (h) The several names and numbers appearing in the poll book of the voters whose vote is disputed, and the grounds on which each vote is disputed, and by and on behalf of whom ; a copy of which statement he shall deliver on demand to any candidate, agent or scrutineer. No. 11 of 1897, s. 57: No. 4 of 1898, s. 11. officer after count 58. The deputy returning officer shall forward to the return- Return to ing officer by such means as may have been directed by the returning returning officer (a) The ballot box; (b) The authority under which he acted as deputy return ing officer; (c) The name of his poll clerk and the authority under which he acted; (d) The names of the agents and scrutineers representing each candidate with the authority under which they acted; and (e) The statements provided for in the preceding section; (f) All other documents relating to the election which have been filed with or by him; and all materials used by him and the statements made by voters and the poll book, unless such statements and poll book are required for the purposes of a court of revision. No. 11 of 1897, s. 58. officer Time, place and members of court of revision Functions Constitution of court Powers of court Compelling witnesses, documents, etc. COURT OF REVISION. 59. At the time and place mentioned in the notice served upon any voter as provided in sections 49, 50 or 52 (which time shall be as soon as may be and the place and building used as polling place or another building as near thereto as may be) the deputy returning officer sitting with a justice of the peace whom he shall select or such justice as may have been appointed to sit with him by the Lieutenant Governor shall hear and dispose of any objections to the right of any voter of which notice was given during the polling day as provided in sections 49, 50 or 52. (2) The deputy returning officer sitting with such justice of the peace as above provided shall constitute a court of revision within the meaning of this Ordinance. No. 11 of 1897, s. 59. 60. The court of revision shall for the purpose set forth in the preceding section have all the powers of a court of record as to compelling the attendance of witnesses and their examination, the production of books and documents, and the taking of evidence under oath at any sittings held by it; and such court shall have generally for the purposes aforesaid all the powers of any court of record in the Territories. No. 11 of 1897, s. 60; No. 4 of 1898, s. 12. 61. The court of revision or either of the members thereof attendance of shall (on the application of any person who is supporting or production of opposing any objection, complaint or application which is to be considered at any of the courts or sittings hereinbefore provided for) issue a summons in the form N in schedule 2 to this Ordinance directed to any person required by such applicant as a witness thereat commanding such person to attend at such court or sittings and also commanding such person to bring any papers or articles in the possession or power of such person as may be required and to give evidence at such court or sittings relating to any matter connected with any such objection, complaint or application; and (in the event of such person not so attending after being served with such summons and paid or tendered his proper witness fees according to the scale allowed in tariff A of schedule 3 to this Ordinance) may (on due proof of the service of the summons and of the payment or tender of the proper witness fees and on receiving from the person causing the witness to be summoned the fees for committing and conveying such witness to prison) commit such witness to the common gaol or other lawful place of imprisonment for a term not exceeding one month; and the fees for such commitment and conveyance shall be the same as when a person is committed to prison under a summary conviction. Deposit to pay witness fees (2) Before any summons is issued requiring the attendance 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. No. 11 of 1897, s. 61; No. 4 of 1898, s. 13. 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 to fees 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. No. 11 of 1897, s. 62; No. 4 of 1898, s. 14. by voter 63. If the person whose right to vote is the subject of Default of inquiry fails to appear personally or by agent according to the appearance 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 of his case. No. 11 of 1897, s. 63. of complaint 64. If at any time the person or persons at whose request Withdrawal the inquiry as to the rightfulness of any vote is being held notifies the deputy deturning officer over his or their signatures that 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 expenses 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. 11 of 1897, s. 64; No. 4 of 1898, s. 15. No. naturalisation 65. In case any party to the inquiry requires a certified Proof of copy of the certificate of naturalisation 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 for procuring the same from the clerk of the court or other officer with whom such certificate of naturalisation 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 a 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 naturalisation. certificate of (2) Nothing in this section contained shall be held in any Validity of way to affect as evidence the validity of a certificate of naturalisation naturalisation at any time issued to the voter whose vote is in as evidence question. No. 11 of 1897, s. 65. 66. Any of the parties to any such inquiry may appear Appearance in person or by agent Question to be determined by court Where statement is proved false Where statement is proved true Burden of of statements Nos. 1 and 3 before the court of revision in person or by agent. No. 11 of 1897, 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 proving truth 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. Burden of of statement No. 2 (4) If the voter has made statement number 2 of the said proving truth 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 on 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. Decision to be (5) The decision of the court shall be rendered in open court given in open and if the members of the court fail to agree it shall be stated in open court. No. 11 of 1897, s. 67. court Adjournment of court Absence of material testimony Court to make returns of decisions reached 68. Whenever (by reason of the absence of witnesses or 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: Provided that the court (in case the adjournment is asked 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. No. 11 of 1897, s. 68. 69. The court shall forthwith after concluding its labours make a return of the decisions reached by it on the qualifications 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. court fails to (2) In case the members of the court of revision fail to Where the agree, the full copy of the evidence certified to by both mem- agree, decision bers of the court shall be forwarded with the return to the to be given by returning returning officer who shall render a decision. 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 officer 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. No. 11 of 1897, s. 69. returning 70. The court of revision (or the returning officer when the Court or decision is made by him) may award costs to or against any officer may party to the application, which costs shall only be for witness award costs 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 а summary conviction. No. 11 of 1897, s. 70. 71. The expences of holding the court of revision shall be Expenses of charged as a part of the general expenses of the election. No. court 11 of 1897, s. 71. APPEALS. of returns of 72. As soon as the returning officer has received from any Examination deputy returning officer the papers mentioned in section 69 here- by candidates of he shall on demand permit their examination by the several courts of candidates or their agents; and shall furnish to each candidate or his agent a certified copy of any such document that they may demand. No. 11 of 1897, s. 72; No. 4 of 1898, s. 16. revision 13. Appeals against the decision of the court of revision or Time for of the returning officer rendered under section 69 hereof may be appeal 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: costs Provided that no appeal shall be received by the returning security for officer unless the sum of $10 is deposited with him as security for the costs of the prosecution of such appeal. No. 11 of 1897, s. 73. COUNT BY RETURNING OFFICER. ballot box 74. The returning officer shall have the custody of the Custody of 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 |