Withdrawal of appeal. Costs. 97. If at any time the appellant notifies the judge over his signature of his desire to withdraw an appeal, the proceedings in that appeal shall forthwith cease; and the balance of the money deposited by the appellant after payment of the costs of the court up to that time shall be returned to him; and if there is not sufficient balance remaining to pay such costs the judge may in his discretion order the appellant to pay the deficiency to such party as he may by his order direct. No. 33 of 1900, s. 97. Duty of judge COUNT OF APPEALED VOTES BY JUDGES. 98. After the judge has concluded his inquiry as to all after hearing the appeals regarding the validity of votes cast which have been brought before him and rendered his decision, unless a recount has been demanded, he shall, Remove appealed ballots. Seal up unlawful ballots. Open lawful ballots. Count of vote. Counted ballots. Continuation. Record of votes. Count of appealed ballots. Previous casting vote, if any, not to he counted in first couut. (1.) Open a ballot box containing ballots which have been the subject of appeal before him and remove such ballots only; (2.) Seal up in an envelope the ballots which he has decided were unlawfully cast; (3.) Open the envelopes containing the ballots which he has decided were lawfully cast, and taking out the ballots place them together in a vessel without examining them so that they may be mixed together and not distinguishable one from the other: (4.) Take such ballots out of such vessel; open them and count the ballots which have been cast for each candidate, rejecting only such as do not make apparent the intent of the voter, which ballots so rejected he shall place in a sealed envelope; (5.) Return the ballots which he has counted and the envelopes aforesaid to the ballot box and securely lock and seal the same; (6.) Proceed similarly with each of the ballot boxes of the electoral district containing ballots which have been the subject of appeal; (7.) Record the number of ballots the objection to which he has sustained, the number cast for each candidate and the number rejected as not having made apparent the intent of the voter; (8.) Add to the total vote received by each candidate according to the return made by the returning officers, the number of appealed ballots which he has decided have been cast for each candidate: Provided, that if a tie has occurred at the count by the returning officer and the returning officer has given a casting vote, such vote shall not be counted unless a tie occurs again in the count by the judge, in which case the vote of the returning officer shall be counted for the candidate for whom it was cast; returning Provided further, that if a tie has not occurred at the Casting vote count by the returning officer, and does occur at the count to be given by by the judge the returning officer shall then forthwith give officer if a casting vote upon being requested to do so by the clerk requested. at the instance of the judge; (9.) Declare elected the candidate, or if there are two Declaration of candidates to be elected, the two candidates who have poll. received the largest number of votes as shown by all the ballots counted by himself and by the returning officer; and to Territorial (10.) Certify in writing to the Territorial Secretary the Certify result names of the candidate or candidates declared elected by Secretary. him upon his count of appealed ballots as herein provided; and upon such certificate being given, unless a recount is Declaration demanded, such declaration shall be final and conclusive to all intents and purposes, subject to the provisions of "The Controverted Elections Ordinance." No. 33 of 1900, s. 98. final. 99. Any order made by a judge acting on appeal shall Enforcement be carried out and may be enforced as if it were an order of the Territorial Court. No. 33 of 1900, s. 99. of orders of judge. RECOUNT BY JUDGE. recount. 100. Upon any candidate or his agent placing in the Demand of hands of the returning officer the sum of $100, with a demand in writing for a recount of the ballots cast in one or more polling divisions, any judge of the Territorial Court shall, after having disposed of any appeal regarding the validity of ballots that may come before him, on application made to him as hereinafter mentioned, hold a recount. (2.) No application for a recount shall be entertained $100 to be deposited.' unless such application is accompanied by $100 as provided in this section, and is made within fifteen days after the declaration of election by the returning officer if no appeals have been made from the decision of the Ccourt of Revision or returning officer to the judge; and if any such appeals have been made then within thirty days after the judge has given his decision regarding such appeals. (3) The money deposited with a demand for a recount Disposition of shall be disposed of by order of the judge in defraying the deposit. necessary expenses of holding the recount; and the remainder, if any, shall be returned to the person who deposited it. &c., to be (4) The ballot boxes, poll books, books of record and Ballot boxes, other materials or forms used at the polling place, respecting subject to which the demand for a recount has been made, shall be order of judge. subject to the order of the judge during such recount. No. 33 of 1900, s. 100. Time and place of recount. Procedure thereat. Proviso, if recount not properly demanded or security omitted. Count of ballots. Examination and count of ballots. 101. Upon the party demanding a recount, or any person on his behalf, satisfying the judge by affidavit, verifying the demand, that a demand for a recount has been served on the returning officer as herein before provided, and that the sum of $100 has been deposited with such returning officer, as provided in the next preceeding section, the judge shall sign an appointment fixing a time and place at which such recount shall be held, and shall, in such appointment, direct upon whom and in what manner such appointment shall be served. No. 33 of 1900, s. 101. 102. The judge shall attend at the time and place so appointed and upon being satisfied by affidavit that his appointment has been duly served upon the persons directed by him to be served there with he shall proceed with such recount. Provided, however, that it may be open to any candidate or agent to show by evidence, either viva voce or upon affidavit, as the judge may direct, that the demand for a recount was not made or the sum of money was not deposited with the returning officer as provided by section 100 of this Ordinance or was not deposited within the time thereby prescribed; and upon the judge being satisfied that such demand was not so made, or that such money was not so deposited, he shall so find; and shall file with the said returning officer a written finding to that effect signed by him; and thereupon the said recount shall be abandoned. No. 33 of 1900, s. 102. he 103. If the judge proceeds with the recount shall, in the presence of such of the candidates or their agents appointed as such in writing as may be present, open one of the ballot boxes regarding which a recount has been demanded and shall count the number of ballots contained therein; and shall note the number in a book and shall place the ballots in an open vessel. No. 33 of 1900, s. 103 104. The judge shall then proceed to examine and count the ballots for the several candidates as it appears to him to have been the intent of the several voters marking Illegal ballots the ballots, rejecting only those by which the voter has not made his intent apparent or which have not been properly initialed. No. 33 of 1900, s. 104. Particulars to be recorded. 105. The judge shall enter in a suitable book the number of the polling places and the particulars regarding the ballots examined, and shall then return the ballots to the Disposition of ballot box from which they were taken; and securely lock and seal the same; and shall cause it to be returned to the custody of the clerk of the Territorial Court. No. 33 of 1900, s. 105. ballots and boxes after recount. boxes. 106. He shall then proceed similarly with each of the Other ballot other ballot boxes regarding which a recount has been demanded. No. 33 of 1900, s. 106. 107. The costs of the recount beyond the amount of the Costs of deposit required by section 100 of this Ordinance shall be recount. charged to the general expenses of the election, according to such regulation as to fees and otherwise as may prescribed from time to time by the Commissioner. No. 33 of 1900, s. Election fees. 113. 108. The judge shall prepare a statement showing (a.) The total number of ballots which the return of the returning officer and the records of the count of appealed ballots, if such has been held, showed should be counted in the several classes in which they are comprised; (b.) The number of ballots actually counted by him ; (c.) The number rejected; and (d.) The number counted for each candidate ; Statement of judge. with a declaration of the election of the candidate, or if there are two candidates to be elected the two candidates receiving the largest number of the votes cast, which candidate or candidates shall forthwith be held duly elected; and such judge shall thereupon certify in writing to the Territorial Secretary the names of the candidate candidates declared elected by him on such recount; and upon certificate being given such declaration shall be final His certificate and conclusive to all intents and purposes, subject to the provisions of "The Controverted Elections Ordinance." or liability on 2. In case a candidate declared elected by the judge is In case return other than the one declared elected by the returning officer altered no no penalty or damages shall be incurred by the person at person first first declared elected by reason of any act done by him as returned. duly elected representative. 3. The casting vote of the returning officer, if he has In case of a tie given one, shall not be counted by the judge in such recount unless there is a tie on the said recount, in which case the casting vote of the returning officer shall be counted as having been cast for the candidate for whom it was cast the first time he cast it. 4. If the returning officer has not given a casting vote Casting vote and the recount of the judge results in a tie, the returning if required. officer shall forth with on the written request of the judge give a casting vote. No. 33 of 1900, s. 115. MICELLANEOUS. 109. No candidate shall be permitted to resign after the No candidate close of the polling until the question as to which candi- to resign date has been elected has been finally determined by virtue proceedings. pending of the provisions of this Ordinance. No. 33 of 1900, s. 116. Duty of court to hear proceedings ended. Public notice 110. When all proceedings in any way affecting the election, including proceedings under "The Controverted Elections Ordinance," if any, are concluded, the clerk of the Territorial Court to whom the ballot boxes, poll books, record books and statements made by voters were delivered under the provisions of section 90 of this Ordinance shall thereupon open the ballot boxes and destroy the ballots therein with fire. No. 33 of 1900, s. 117. 111. The Territorial Secretary shall, as soon he can to he given of conveniently do so, give public notice of the names of the candidates elected. No. 33 of 1900, s. 118. returned. Fees toofficers Reasonable expenses for services. FEES AND EXPENSES OF RETURNING OFFICERS, ETC. 112. Except as herein before provided, the fees in tariff C in section 2 of said schedule 1, mentioned in respect of the several matters therein contained and no others shall be allowed to the several officers and persons therein mentioned respectively, for the services and disbursements in the said schedule mentioned. No. 33 of 1900, s. 119. 113. Anything to the contrary in this Ordinance notwithextraordinary standing, the Commissioner may direct the payment out of the general revenue fund of such sums, over and above the allowance authorized by the two next preceding sections of this Ordinance, as may be required to pay the expenses reasonably incurred by any person for services rendered under this Ordinance and also reasonable fees and allowances for any extraordinary service rendered by any person thereunder. No. 33 of 1900, s. 120. Acts prohibited. Give, etc., con sideration to induce voter to vote or refrain from voting. Give place or employment. voter to vote. to induce CORRUPT PRACTICES. 114. No person shall directly or indirectly by himself or by any other person on his behalf, do or commit any of the following acts: (1.) Give, lend, or agree to give or lend, or offer or promise any money or valuable security, or promise to procure or endeavour to procure any money or valuable consideratino to or for any voter or to or for any other person in orde to induce any voter to vote or refrain from voting at any election. (2.) Give or procure or agree to give or procure, or offer or promise any office, place or employment or promise to procure or endeavour to procure any office, place or employment to or for any voter or to or for any other person in order to induce any voter to vote or refrain from voting at any election. |