Where new territory

age, or a new

city, town or

with added

84. Where any territory is added for municipal purposes to added to city, any city, town or village, or where a town with additional town or vill- territory is erected into a city, or a village with additional territory is erected into a town, or in case a new village is village erected formed, and an election takes place before voters' lists includterritory, and ing the names of persons entitled to vote in such territory are no voters' lists made out for such new or enlarged city, town or village, or including such before such lists are certified by the County Judge, then all persons who would have been qualified as electors in such territory if the same had remained separate from the city, town or village, or if such town or village had not been erected into a city or town, or if such village had not been formed, shall be entitled to vote in the city, town or village at such election. 46 V. c. 18, s. 84.

new territory.

If owner and occupant severally rated both to be

deemed rated.

When joint

owners or oc

85. In case both the owner and occupant of any real property are rated severally but not jointly therefor, both shall be deemed rated within this Act. 46 V. c. 18, s. 85.

86. Where real property is owned or occupied jointly cupants rated, by two or more persons, and is rated at an amount sufficient, if equally divided between them, to give a qualification to each, then each shall be deemed rated within this Act, otherwise none of them shall be deemed so rated. 46 V. c. 18, s. 86.

rating to be equally divided.

"Householder defined.

87. Every occupant of a separate portion of a house, such portion having a distinct communication with a public road or street by an outer door, shall be deemed a householder within this Act. 46 V. c. 18, s. 87.

TITLE II-ELECTIONS.

DIV. I.-TIME AND PLACE OF HOLDING.

DIV. II. RETURNING OFFICERS AND DEPUTY-RETURNING
OFFICERS.

DIV. III.- OATHS.

DIV. IV. PROCEEDINGS PRELIMINARY TO THE POLL.
DIV. V. THE POLL.

DIV. VI.-MISCELLANEOUS PROVISIONS.

DIV. VII.-VACANCIES IN COUNCIL.

Div. VIII. CONTROVERTED ELECTIONS.

DIV. IX. PREVENTION OF CORRUPT PRACTICES.

DIVISION I.-TIME AND PLACE OF HOLDING.

In Municipalities other than Counties. Sec. 88.
In new or altered Municipalities. Sec. 89.
Place, how fired. Sec. 90.

In separated Townships. Secs. 91, 92.

Election of Reeves, etc., in Townships and Villages. Sec. 93.
Election Divisions. Sec. 94.

Where Elections shall be held. Secs. 95, 96.

be held an

88. The electors of every municipality (except a county) Elections to shall elect annually, on the first Monday in January, the mem- nually for bers of the council of the municipality, except such members members of as have been elected at the nomination; and the persons so municipalities elected shall hold office until their successors are elected or (except coun

councils of

ties).

appointed and sworn into office, and the new council is Term of office. organized. 46 V. c. 18, s. 88.

where corpora

or extended.

89. In case of the incorporation of a new township or First elections union of townships; or of the separation of a junior town- tions are ship from a union of townships; or of the erection of a newly erected locality into an incorporated village; or of the erection of a village into a town or of a town into a city; or of an additional tract of land being added to an incorporated village, town or city; or in case of a new division into wards of a town or city, the first election, under the proclamation or by- Times of eleclaw by which the change was effected, shall take place on the tions. first Monday in January next after the end of three months from the date of the proclamation, or from the passing of the by-law by which the change is made, and until such day the change shall not go into effect; but the nomination of candidates and the election of such officers as are unopposed, may, and shall be proceeded with at the same time and in the same manner as if such change had gone into effect on the last Monday of the month of December preceding such first election, or on such other day as the nominations may lawfully be held upon. 46 V. c. 18, s. 89.

a

90. The council of every city, town and village municipality (including a village newly erected into a town, and town newly erected into a city), shall from time to time, by by-law, appoint the place or places for holding the next ensuing municipal election, otherwise the election shall be held at the place or places at which the last election for the municipality or wards or polling subdivisions was held. 46 V. c. 18, s. 90.

Place to be

fixed by bylaw of muni

cipalities.

place of first

ships after

91. When in any year a junior township of a union has County coun100 resident freeholders and householders on the then last cil to appoint revised assessment roll, the council of the county shall, by a election in by-law to be passed before the thirty-first day of October junior townin the same year, fix the place for holding the first annual separation. election of councillors in the township, and appoint a returning officer for holding the same, and otherwise provide for the due holding of the election according to law. 46 V. c. 18, s. 91.

Existing ward divisions in

92. In case of the separation of a union of townships, the united town existing divisions into wards, if any, shall cease, as if the same ships to cease had been duly abolished by by-law, and the elections of counon dissolution cillors shall be by general vote, until the township or townships are divided into polling subdivisions or wards under the provisions of this Act. 46 V. c. 18, s. 92.

of union.

Election of

reeves, etc., in

93. The election, in townships and incorporated villages, of townships and reeves, deputy-reeves and councillors, shall be by general incorporated vote, except in the case of deputy-reeves and councillors in villages to be townships divided into wards, and shall be held at the place or places where the last meeting of the council was held, or in such other place or places as may be from time to time fixed by by-law. 46 V. c. 18, s. 93.

by general

vote.

Upon petition

the council

law, divide townships into wards, etc.

94. In case a majority of the qualified electors of a townmay, by by ship on the last revised assessment roll petition the council of the township to divide the township into wards, or to abolish or alter any then existing division into wards, the council shall, within one month thereafter, pass a by-law to give effect to such petition; and, if such petition is for division into wards, shall divide such township into wards, having regard to the number of electors in each ward being as nearly equal as may be; and the number of wards for municipal purposes shall be Election of deputy-reeves, four in all cases; and where the township is divided into etc., in such wards, and is entitled to one or more deputy reeves, the councillors shall, at their first meeting, elect from among themselves such deputy-reeve or reeves. 46 V. c. 18, s. 94.

case.

Election to be held in muni

cipality.

Election of township councillors.

95. Every election shall be held in the municipality to which the same relates. 46 V. c. 18, s. 95.

96. No election of township councillors shall be held within any city, town or incorporated village, nor shall any election for a municipality, or any ward thereof, be held in a tavern or in a house of public entertainment licensed to sell spirituous or fermented liquors. 46 V. c. 18, s. 96.

By-law for an election by

wards or poll

ing subdivisions.

DIVISION II.-RETURNING OFFICERS AND DEPUTY-RETURNING
OFFICERS.

97.-(1) The council of every municipality in which the election is to be made by wards or polling subdivisions, shall from time to time, by by-law, appoint:

(a) The places for holding the nominations for each ward;
(b) The returning officers who shall respectively hold the
nominations for each ward;

(c) The places at which polls will be opened in the munici-
pality in case a poll is required;

(d) The deputy returning officers who shall preside at

the respective polling places.

returning offi

(2) The clerk of the municipality shall be the returning Clerk of muniofficer for the whole municipality, and in the case of a poll cipality to be being required, the deputy-returning officers shall make to cer for whole him the returns for their respective wards or polling subdivi- Municipality. sions. 46 V. c. 18, s. 97.

tions not by

98. In the case of a municipality in which the election is Returning offnot to be by wards or polling subdivisions, the clerk shall be cer for electhe returning officer to hold the nomination of candidates at wards or pollall elections after the first, and shall also perform all the duties ing sub-divihereinafter assigned to deputy-returning officers. 46 V. c. 18, s.98.

sions.

99. In any case where a deputy-returning officer refuses or The death or neglects to attend at the time and place he is required by the absence of the returning returning officer to receive his voters' lists, and other election officer or papers, the clerk of the municipality as returning officer shall deputy returning officer appoint another person to act in his place and stead, and the provided for. person so appointed shall have all the powers and authority that he would have had if he had been appointed by by-law. In case, at the time appointed for holding a nomination or poll, the person appointed to be returning officer or deputyreturning officer has died, or does not attend to hold the nomination or poll within an hour after the time appointed, or in case no returning officer or deputy-returning officer has been appointed, the electors present at the place for holding the nomination or poll may choose from amongst themselves a returning officer or deputy-returning officer, and such returning officer or deputy-returning officer shall have all the powers, and shall forthwith proceed to hold the nomination or poll, and perform all the other duties of a returning officer or deputy-returning officer. 46 V. c. 18, s. 99; 50 V. c. 29, s. 4.

conservators of the peace;

100. Every returning officer and deputy-returning officer Returning offishall, during the days of the election, or of the voting of electors cers and deputy returning upon a by-law, act as a conservator of the peace for the city officers to be or county in which the election or voting is held; and he, or any Justice of the Peace having jurisdiction in the munici- their powers. pality in which the election or voting is held, may cause to be arrested, and may summarily try and punish by fine or imprisonment, or both, or may imprison or bind over to keep the peace, or for trial, any riotous or disorderly person, who assaults, beats, molests or threatens any voter coming to, or remaining

Special constables may be sworn in.

at, or going from the election or voting; and, when thereto required, all constables and persons present at the election or voting, shall assist the returning officer, or deputy-returning officer, or Justice of the Peace. 46 V. c. 18, s. 100.

101. Every returning officer, or deputy-returning officer, or Justice of the Peace may appoint and swear in any number of special constables to assist in the preservation of the peace and of order at an election or at the voting of electors upon a by-law; and any person liable to serve as constable, and required to be sworn in as a special constable by a returning officer or deputy-returning officer, or justice, shall, if he refuses to be sworn in or to serve, be liable to a penalty of $20, to be recovered to the use of any one who will sue therefor. 46 V. c. 18, s. 101.

Oaths, etc., of person claiming to

vote as a freeholder.

102. The only oaths or affirmations to be required of a person claiming to vote in respect of a freehold, shall be as follows, or to the like effect:

You swear (or solemnly affirm) that you are the person named, or purporting to be named, in the list (or supplementary list) of voters now shewn to you (shewing the list to the voter);

(In the case of an unmarried woman or widow claiming to rote.) That you are unmarried (or a widow, as the case may be;)

That you are in your own right (or your wife is) a freeholder.

That you are a natural born (or naturalized) subject of Her Majesty, and of the full age of twenty-one years;

(In the case of Municipalities not divided into wards.) That you have not voted before at this election, either at this or any other polling place.

(In the case of Municipalities divided into wards.) That you have not voted before at this election, either at this or any other polling place in this Ward and (if the elector is tendering his vote for Mayor, Reeve, or Deputy-Reeve) that you have not voted before or elsewhere in this Municipality at this election for Mayor, (Reeve or Deputy-Reeve as the case may be);

That you have not directly or indirectly received any reward or gift, nor do you expect to receive any, for the vote which you tender at this election ;

That you have not received anything, nor has anything been promised to you, directly or indirectly, either to induce you to vote at this election, or for loss of time, travelling expenses, hire of team, or any other service connected with this election ;