139. When, at the counting of the ballots, the presiding officer notices in counting, for the purpose of assigning them to each candidate, that, by oversight or forgetfulness, he has omitted to initial any or all of the ballots on the back, he may then do so in the presence of the persons who are in the polling station, and at the same time indicate it by a note initialed by him in the poll book.
Before so affixing his initials, the presiding officer must write, sign and attest under oath, before the poll clerk, the following declaration:
“I swear that, through forgetfulness or oversight, I did not affix my initials on (state the number) ballots, which I acknowledge as having been supplied by me during the polling, and which I have found in the ballot box. So help me God.
A. F.
Sworn before me, at .............., this .............. day of .............., 19..............
C. D.,
Election Clerk.”
Such declaration must be deposited with the other documents in the ballot box.
Such ballots shall be then counted as if all formalities had been duly complied with in respect thereto.
R. S. 1964, c. 235, s. 159.