At least ten days' nolice'to nomination. 15. The day for the holding of the polls shall be the seventh day next after the expiration of the day fixed for the nomination of candidates, that is on the same or corresponding day of the week next after that upon which the nomination has taken place, or if such seventh day is a statutory holiday, then on the following day not being a Sunday or a statutory holiday. 16. There shall be sufficient time allowed between be given before the issue of the writ and the day for nomination of candidates fixed as aforesaid to enable every returning officer to whom the writ is directed to give at least ten days' notice by proclamation of the election before the day of nomination throughout the county to which the writ relates. Form of writ. Indorse writ and take oath. Appoint election clerk. Duty of election clerk. 17. The writs of election shall be in the Form A in the first schedule to this chapter, and shall be transmitted by mail to the respective returning officers, unless otherwise ordered by the Governor-in-Council. (2) DUTIES OF RETURNING OFFICER AND CLERK. 18. The returning officer shall, on receiving the writ of election, forthwith endorse thereon the date on which he receives the same, and before taking any further action thereon he shall take the oath of office in the form B in the first schedule to this chapter. 19. The returning officer, by a commission under his hand, and in the form C in the first schedule to this chapter, shall appoint an election clerk, and may, at any time during the election, appoint in the same manner another clerk, if the one so appointed resigns, refuses to act, or is unable to perform his duties as such clerk. 20. The election clerk shall assist the returning officer in the performance of his duties, and act in his stead as returning officer whenever the returning officer refuses to act, or is disqualified or unable to perform his duties, and has not been replaced by another. 21. The election clerk shall, before acting as such Oath of office. clerk, take the oath of office in the form D in the first schedule to this Chapter. Returning 22. (1) The returning officer shall, at least ten officer to post days before the day fixed for the nomination of can- proclamation. didates, cause proclamation by printed handbills to be posted in four of the most public places in every polling district in the county in which the election is to be held. (2) The proclamation shall state (a) The place and time fixed for the nomination (b) The day on which the poll for taking the (c) The several polling stations fixed by him, (d) The time when and the place where the (e) The number of members to be elected. Such proclamation shall be in the form E in the first schedule to this chapter. Contents. to be placed of 23. The place fixed for the nomination of candi- Court House dates shall be the court house in which the sittings nomination. of the Supreme Court for the county are held, and where there are two or more such court houses in a county, then the court house in which such nomination has heretofore been held. (3) NOMINATION OF CANDIDATES. nomination. 24. The time appointed for the nomination of Time of candidates shall be from the hour of eleven of the clock in the forenoon, until the hour of two of the clock in the afternoon, of the day fixed for that purpose. Candidates qualification. Returning officer not to political meeting. 25. A candidate for a seat in the House of Assembly shall be a male British subject of the age of twentyone years and upwards. 26. There shall be no public or political meeting hold public or held by the returning officer in connection with the proceedings for the nomination of candidates; he shall exclude from the room in the court house in which such proceedings take place all persons not having business before him in connection with the election, and shall preserve order and quiet. Two electors may nominate 27. (1) Any two electors may nominate a cana candidate. didate by signing a nomination paper in the form F in the first schedule to this chapter, stating therein the name, residence and addition or description of the person proposed, in such manner as to sufficiently identify such candidate, and by causing the said nomination paper to be filed with the returning officer at the time and place indicated in the said proclamation. Nomination paper for each candidate. Certified list to be given by returning officer. Consent of candidate required. Deposit required. (2) Each candidate shall be nominated by a separate nomination paper; but the same voters, or any of them, may subscribe as many nomination papers as there are members to be elected. (3) At the close of the time for nominating the candidates, the returning officer shall deliver to every candidate or agent of a candidate applying for the same, a duly certified list of the names of the several candidates who have been nominated; and any votes given at the election for any other candidates than those so nominated shall be null and void. 28. (1) (1) No nomination paper shall be valid and acted upon by the returning officer unless it is accompanied by the consent in writing of the person therein nominated, except when such person is absent from the province-in which case such absence shall be stated in the nomination paper-and unless a sum of one hundred dollars is deposited in the hands of the returning officer at the time the nomination paper is filed with him; and the receipt of the returning officer shall, in every case, be sufficient evidence of the production of the nomination paper, of the consent of the candidate, and of the payment herein mentioned. dealt with. (2) The sum so deposited by any candidate shall Deposit, how be returned to him in the event of his being elected, or of his obtaining a number of votes at least equal to one half the number of votes polled in favor of the candidate elected having the smallest number of votes, otherwise it shall belong to His Majesty for the uses of this province. take qualificaoath required. (3) No nomination paper shall be valid or acted Candidate to upon as aforesaid unless the candidate or his author- tion ized agent, if required by any other candidate or any voter or by the returning officer, makes oath that he is a British subject of the age of twenty-one years and upwards. if paper to be 29. (1) The returning officer shall require the Nomination person filing any such nomination paper to make oath attested. before him that he knows that the several persons who have signed such nomination papers are voters duly entitled to vote, and that they have signed the same in his presence, and that the consent of the candidate has been signed in his presence, or that the person named as candidate is absent from the Province of Nova Scotia, as the case may be. (2) Such oath may be in the form G in the first Form of oath. schedule to this chapter. Return where no more than members 30. Whenever only one candidate, or only such number of candidates as is required by law to be candidates elected to represent the county for which the election to be elected. is held, have been nominated within the time fixed for that purpose, the returning officer shall declare the candidate or candidates, as the case may be, duly elected for the said county, and shall make returns to the writ of election accordingly, and such return shall be in form H in the first schedule. return. 31. The returning officer shall accompany his Report with return to the writ of election with a report of his proceedings, and of any nomination proposed and rejected for non-compliance with the requirements of this Candidate may chapter. Such report may be in such one of the forms of endorsement on the writ in form "A" in the first schedule as is applicable thereto. (Am. 1906, C. 27, s. 2.) WITHDRAWAL OF CANDIDATES. be withdrawn. 32. Any person proposed at such election as a candidate may, at any time before one of the clock on nomination day, by writing under his hand, or publicly and openly in the presence of the returning officer, direct his name to be withdrawn. In which case the returning officer shall immediately give public notice by proclamation, and thereupon such person shall not be considered a candidate. Poll and notice of same. Form Polling hours. Ballot papers, contents and form. PROCEEDINGS ON GRANTING OF POLL. 33. If more candidates than the number required to be elected for the county are nominated in the manner required by this chapter, the returning officer shall grant a poll for taking the votes of the voters, and shall cause to be posted up notices of his having granted such poll, indicating the names, residences and occupations of the candidates so nominated, in the order in which they are to be printed on the ballot papers in this chapter mentioned; which notices shall, as soon as possible after nomination, be posted up at all the places where the proclamation was posted up, and shall be in the form I in the first schedule. 34. Whenever a poll has been granted, the same shall be opened at the hour of eight of the clock in the forenoon, and kept open until five of the clock in the afternoon of the day fixed for holding it; and the votes at the several polling stations shall be given on that day, and by ballot. 35. The ballot of each voter shall be a printed paper, in this chapter called a ballot paper, showing the names and description of each candidate alphabetically arranged in the order of their surnames, or if there are two or more candidates with the same surname, in the order of their first names; the names and description of each candidate shall be set forth |