Page 16 - index

MUNICIPAL LA\\'. 15
of the by-law ecrtitied under seal and sijjjned hy the head or the Clerk of
the Council, and must forthwith l)e tiled in the office of the Clerk of the
Peace of the county.
An appeal at any time within two months after tilini^ of the by-law
may, at the instance of five electors, be taken to the Jud<re of the County
Court, who may correct the sub-divisions and make them conform to the
inti'iit of tiie Act.
An election is not voidable simply because the polling;- sub-division
contains more than two hundred voters, j)rovided it does not contain
more than three hundred.
40. Uniting Two Polling Subdivisions. In cities of one hundred
thousand and over of inliabitants the Council may, for school and municipal
elections, and upon (piestions submitted to tlie electors, amal<;amate two
poUiny sub-ilivi.sions into one with one polliufif place therefor. It may also
provide that tliree or less poliino' places shall be a Public School house or
otlier j)ublic bnildino- belon^-ino' to or controlled by the numicipality.
The consent of the Pul)lic School Board must first be obtaineil, and a
.sufficient sum nuist be ])aid such School Hoar<l to cover any damage done
and expense for cleaning,'.
41. Clerk to be Returning Officer. The Clerk of the Municipality
.shall be Hcturiiing ()tlici-r for the whole municipality, and the deputies shall
make returns to liim from the several wards.
In nnniicipalities not divided into wards the Clerk will perform all the
duties assigned to <leputies.
4'i- Deputy Returning Officer for any ward refusing or neglecting
to attend at the tiiiii.' and place to receive his instructions ami nonnnation
papers, or voters' list and other election papers, the Clerk shall appoint
another pei'son tf> act in his place, and the person so appointed shall have
the same powers as though appointed by by-law.
Also, if no person has been appointed as Di^puty Returning Officer, or
having been appjinted, has died or neglects to atten<l to hold the nomina-
tion or poll, within (jne hour after the time appointed the electors present
may choose from among themselves a de])uty returning officer, and such
officer shall liave all the powei- and shall perform all the duties as though
he were appointed by the Clerk or bj' by-law of Council. In case the
I'eturnintf offieei' or a tleputv returnin":' officer duriiiif the pollins'' becomes,
through illness or other cause, unable to perfoi'm his duties, the Poll Clerk
will act in his^ idace.
Every returning officer or <leputy returning officer during the election
shall have all the pow<'rs of a justice of the peace, and may swear in specii 1
constables if nece.ssary to jjreserve the peace.
411. The Oath. The only oath or affirmation to be rocpiired of a
person claiming to vote as a freeholder is that prescribed by Section 112
R. S. 0., 1897 : and for tenant that of Section 113 ; and of income. Section
114: and of farmer's son. Section 115.
The voter may select any form of oath given in those sections respect-
ively. ^ _