90 Cap. 13. V EDWARD VII. 1905

have been previously or shall then be properly

demanded by a voter" who had voted at the

same election. The said City Clerk shall after

the hour of twelve o'clock, noon, on the same

day, (the day after the election), declare the

candidate for the office of Mayor, having the

largest number of votes in the several Wards of

the City duly elected, and the candidates for

City Councillor in the several Wards having

the largest number of votes duly elected, and

shall make due return thereof to the City

Council; but ifuporbthe summing up of the votes

for Mayor and Councillor respectively, there

$113523: shall be an equal number of votes for two or

cas‘ingvow more persons, it shall be lawful for the City

Clerk, and he is hereby required whether other—

wise qualified or not, to give a vote for one or

other of the persons having such equality ofvotes

in order to give a majority to one of them, and

determine the election, and the person or persons

so returned or declared elected, shall be deemed

and held to be the Mayor of the City and the

Councillor or Councillors for the several Wards

' for which he or they'aie elected; and such

return shall be conclusive evidence of the due

election of the person or persons therein returned

$325333: elected, and of the regularity and happening of

“me every pre-requisite necessary {6 holding such election.

4. Section 25 of the said Act of 3rd Edward

, VII., Cap. 17, is hereby amended by inserting Section25 . n - n . amended. between the words “premises and “in in the fifth line of the said section the following words: or owning real estate,” and the same shall be read in and construed to be a part of A the said section.