Casting vote in case of tie. Clerk disquali in each polling place, shall cast up the number of votes for each candidate from such statements; and shall at the town hall, or, if there is no town hall, at some other public place, at noon on the day following the return of such poll books and statements, publicly declare to be elected the candidate or candidates having the highest number of votes and shall also put up in some conspicuous place a statement under his hand showing the number of votes for each candidate. 88. In case it appears, upon the casting up of the votes as aforesaid, that two or more candidates have an equal number of votes, the clerk of the municipality, or other person appointed by by-law to discharge the duties of clerk in his absence or incapacity through illness, and whether otherwise qualified or not, shall, at the time he declares the result of the poll, give a vote for one or more of such candidates, so as to decide the election. 89. Except in such case, no clerk of the municipality shall to casting vote. vote at any municipal election held in his municipality. filed except as 90. All deputy returning officers and persons employed as deputy returning officers and poll clerks, if otherwise qualified, shall be entitled to vote. 91. In case, by reason of riot or other emergency, an election is not commenced on the proper day, or is interrupted after being commenced and before the lawful closing thereof, the returning officer, or deputy returning officer, as the case may be, shall hold or resume the election on the following day at the hour of ten o'clock in the forenoon, and continue the same from day to day, if necessary, for four days, until the poll has been opened without interruption, and with free access to the voters for twelve hours in all, or thereabouts, in order that all the electors so intending may have a fair opportunity to vote. 92. But in case the election has not, by the end of the fourth day from the day the same commenced or should have commenced, been kept open for the said twelve hours, the returning officer, or deputy returning officer, as the case may be, shall not return any person so elected, but shall return his voters' list on the following day to the head of the municipality, certifying the cause of there not being an election; and a new election shall take place, and the head of the municipality shall forthwith issue his warrant therefor. 93. When a poll has been duly held in each of such wards or polling-subdivisions, and the statements hereby directed to be returned to the clerk have been so returned to him, the clerk shall cast up from the said statements the number of votes given for each candidate for any office in respect whereof the election has not been previously declared, together with the votes appearing by the statements previously returned for other wards to be given to the candidate, and shall at noon on the next day, at the town hall, or if there is no town hall, at Declaration some other public place, publicly declare to be elected the where munici candidate or candidates having the largest number of votes. Into wards pality divided of office. 94. The person or persons so elected shall make the neces- Declaration sary declarations of office and qualification and assume office accordingly. before nomina statement of 95. The treasurer of every municipality now existing, or Treasurer hereafter to be formed, shall, within one week before the day tion to post up of nomination for the general annual election for the office of receipfs and Mayor or reeve, and councillors or aldermen, as the case may disbursements be, make up a detailed statement of the receipts and disbursements of the funds of the municipality, with an abstract thereof showing, under the several and appropriate heads, the aggregate receipts and expenditure for and on account of the various departments and services of the municipality, from the first of January previous to the date of such statement, which shall not be more than one week previous to the nomination as aforesaid; and such statement and abstract shall be kept in the office of the treasurer or secretary-treasurer, or Chamberlain of the municipality, from the time the same shall have been completed as aforesaid until after the then ensuing election shall have been held, and any voter or ratepayer of the Municipality shall, within the usual office hours during the time aforesaid, be at liberty to inspect the same, and, if he so desire, to take extracts therefrom in said office without any charge therefor, provided that no person entitled to such inspection, and making the same, shall have the right to retain exclusive possession of said statement, as against any other person, for more than one hour during the same day. form part of statement. 96. The statement and abstract in the last foregoing clause Statement to mentioned shall be the statement, or one of the statements, subsequent afterwards extended and continued to the thirty-first day of yearly December, which shall be submitted to the auditors to be appointed by the next succeeding council, as provided for in this Act; and in case of any wilful error or omission being found therein, or in case the said treasurer shall fail to make out and have the same for inspection at the time and in manner aforesaid, he shall be subject to a penalty of one hundred dollars, to be recovered with costs by and for the use and benefit of any person entitled to such information, and who shall sue therefor in the county court for the county within which municipality is situated, Co. judge to hear election protest. Who may contest election. Petition how made. Copy of petition to be served etc. When and how received. Sufficiency of grounds. Evidence. CONTESTED ELECTIONS. 97. If the election of the Mayor, Reeve, or of any Councillor of any Municipality be contested, such contestation shall be decided by the Judge or Acting Judge of the County Court in and for the county within the limits of which the election is held. 98. Every such election may be so contested by one or more of the candidates, or by any ten at least of the inhabitants qualified to vote at such election. 99. The said contestation shall be brought before the court by a petition signed by the petitioner or petitioners, or by an attorney duly authorized, setting forth in a clear manner the grounds of such contestation. 100. A true copy of the petition, which a notice stating the day on which the petition will be presented in the court shall be first duly served upon the Mayor, Reeve, or Councillor or Councillors whose election is contested, at least eight days before the day on which the petition is presented to the court; and a return of the service shall be drawn up and signed in due form upon the original of the petition by the person who made the service; but no such petition shall be received after the sittings of said court next following the election thereby contested, unless such election took place within the fifteen days next preceding the first day of such sittings, in which case the petition may be presented on the first day of the next sittings, but not later; nor shall any such petition be received unless security for costs, to be approved by the said Judge or Acting Judge, be given by the petitioners. 101. If the court is of opinion that the grounds set forth in the petition are sufficient in law to avoid the election, it shall order proof to be adduced and the parties interested to be heard on the nearest day which it deems it expedient, and shall proceed in a summary manner to hear and try the said contestation; the evidence may be taken down in writing or given orally, in whole or in part, as the court shall order; and if the trial of such contestation is not concluded at the close of the sittings of the court during which it began the Judge may conAdjournment tinue the same, and shall adjourn from day to day until he has pronounced his final judgment upon the merits of the same; and every such judgment so pronounced and all proceedings had in any such case shall have the same effect as if the same had been pronounced or had in open court. of trial. Judgment. Confirmation 102. The court may, on such contestation, confirm the elecor avoidance tion or declare the same to be null and void, or declare another person to have been duly elected, or may, in either case, award of election costs to or against any party; which costs shall be taxed on petition etc. 103. If any defect or irregularity in the formalities pre- Defects in scribed for the election are set forth in any such petition, as a ground of contestation, the court may admit or reject the objections according as such defeat or irregularity may or may not have materially affected the election. election. 104. If any such county court shall on any such contesta-Order for new tion declare any such election to be void, such court shall, in and by the judgment in that behalf, name the day, not being sooner than fifteen or later than twenty from the date thereof, for which a public meeting of the inhabitants of the municipality shall be called in order to hold another election; and the mayor, reeve or the clerk or the returning officer so soon as he hath cognizance of the judgment, shall cause a meeting of the inhabitants of the municipality by giving public notice of the day so named for the election, and shall proceed to the election of other Mayor, Reeve, Councillor or Councillors, in the stead of the Mayor, Reeve, Councillor or Councillors, whose Formalities, election has been so declared null and void; and the same formalities shall be observed at such election as are required to be observed at every general election under this Act. agent. 105. A candidate may himself undertake the duties which Candidate and any agent of his, if appointed, might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place at which his agent may in pursuance of this Act be authorized to attend. 106. When in this Act any expressions are used, requiring Authority of or authorizing any act or thing to be done, or inferring that agent. any act or thing is to be done in the presence of the agents of the candidate, such expressions shall be deemed to refer to the presence of such agents of the candidates as are authorized to attend, and as have in fact attended, at the time and place where such act or thing is being done; and the non-attendance of any agents or agent at such time and place shall not, if the act or thing is duly done, invalidate in anywise the act or thing done. statutory 107. In reckoning time for the purpose of this Act, Sun- Sunday, day and any day set apart by any act of lawful authority holiday's etc. for a public holiday, fast or thanksgiving shall be excluded; and where anything is required by this Act to be done on any day which falls on such days, such things may be done on the next juridical day; but nothing in this section contained shall Election not to be invalidated form etc. extend or apply to the days fixed by this Act for the nomination or election of candidates for the offices of mayor and aldermen in cities, and mayor, reeve, and councillors in other municipalities. 108. No election shall be declared invalid by reason of a nonfor mistakes of compliance with the rules contained in this Act as to the taking of the poll or the counting of the votes, or by reason of any mistake in the use of the forms contained in the schedules of this Act, or by reason of any irregularity, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Act, and that such non-compliance or mistake or irregularity did not effect the result of the election. Document produced order. 109. When a rule or order is made for the production by under rule or the clerk of the municipality, of any document in his possession relating to the specified election, the production of the document by the clerk, in such manner as may be directed by the rule or order, shall be conclusive evidence that the document relates to the specified election; and any endorsement appearing on any poll book or papers produced by the clerk, shall be prima facie evidence of such papers being what they are stated to be by the endorsement. Prima facie evidence etc. First meeting of council. Special meeting. Reeve, etc., to preside at meetings. Clerk to furnish list of names and address of Council, etc. 110. The council shall meet on the second Tuesday in January in each year, at the hour of twelve o'clock noon, at the last place of meeting of the retiring council, or such other place as the retiring council or other authority shall legally appoint; provided, however, that if such day be a holiday, the meeting shall be held on the following day, and thereafter as often as the council may appoint; and the reeve or mayor may at any time summon a special meeting of the council, and it shall be his duty to summon a special meeting whenever requested, in writing, by a majority of the council. 111. The reeve or mayor of the council shall preside at the meetings thereof, and in the event of his absence, the council shall choose from among their number a person to preside, and in such case the said person so presiding shall have all the powers and exercise all functions appertaining to the mayor or reeve. 112. It shall be the duty of the clerks of the respective municipalities on or before the first day of February in each year, to transmit to the clerk of the executive council at Winnipeg, the names and post office address of the mayor or reeve, and each of the officers of the municipality for the current municipal year, and any clerk refusing or neglecting to comply with this requirement shall forfeit and pay the sum of ten dollars to be recovered with costs in any court of compe |