Page 26 - index

MirNIClPAF. I.AW.
JM». Casting Vote by Clerk. In ease of two or more of the candi-
<luti!.s liaviiiyan e(|ual miiuhor of votes, tlie Clerk, or other per,soii appointed
by by-law to act in his place, shall have a castinj? vote, wliethcr otherwise
(pialitieil or not.
Ani], except in such ease, the Clerk has nt) vote in a local municipal
election lieKl in his municipality.
!>}. Election Not Held at Proper Time. If by reason of riot or
othi'f emeru'ency an election is not oonniienced on the proper flay, or inter-
I'upteil after beinjf comincnctMl l)efore the lawful closinjf tliereof, the
Deputy Returning OtKcei' shall resume on the following day at ten o'clock
in tlie f(jrenoon and continue, if necessary, for four days initil the poll has
been open without interruption to voters for about eight hours in all, in
of order tlnit all electors may have an opportunity to vote.
If at the clo.se of the fourth day the ])oll lias not been open for eight
hours the Returning Officer or Depiity Retiuning Officer, as the case inaj'
be, shall not return any ])erson electeil.but .shall return his Voter.s' List and
ballot ])a|)ers on the following day to the head of the nmnicipalitv, certify-
ing the cause of there not having been an election. The head of the
municipality shall fortliwith issue his warrant for a new election.
When a p(jll has been duly helil in i-ach of the wards or polling sub-
divisions and ballot pajiers and statenuiuts necessary have been duly
returned to the Clerk, he siiall at noon on the next day make the retpiisite
declaration, as mentioned in previous sections.
The persons so elected shall make the necessary declarations of office
and i|ualitication ami assume office.
9H. Postpoi.—.ient of Election on account of an epidemic or
contagious <lisease being a matter under the control of the Lieutenant-
(ioveriKjr, and the Provincial Board of Health need not be given here, save
that both nuwiicijial and school elections may be postponed for a period not
exceeding three UKJuths.
JMK Disposition of Ballot Papers. The Clerk shall retain for one
niiii't.h all ballot pa])ers coming into his possession, and then, unless otherwise
ovdereil by the Court oi" Judge, destroy them in the presence of two
witne.sses, whose declarations that they witnessed the destruction of such
papers shall be taken before the head of the nuinicipality and tiled by the
Clerk among the nnniicipal records.
100. Inspection of Ballot Papers. Undei' an order of a court or
judge of competent jurisdiction, granted upon satisfactory evidence on oath
that the inspection of ballot papers is re(piired for tlu; purpose of maintain-
ing a pro.secution for an offi'nct; relating thereto, or for a pi.'tition question-
ing an election or rettwn, the Clerk is required to allow such inspection.
101. A Recount may be had before the County Judge upon
application and affidavit of a credible person at any time within fourteen
days from the time the ballot papers are received by the Clerk. Those
who may be pres<>nt at the recount are the County Judge, the ('lerk of the
nuuiicipality with the ballot l)oxes, and each candidate and his agent