IMAGE EVALUATION TEST TARGET (MT-3) 1 ''^ I.I 1^128 |2.5 |io ^^ H^H s m IM 12.2 m 1.25 l^m Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716)872-4503 4s . (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Las exemplaires originaux dont la couverture en papier est Imprimte sont fiimAs en commen^ant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impresslon ou d'illustration, soit par le second plat, salon le cas. Tous las autres exemplaires originaux sont fllmte en commenpant par la premiire page qui comporte une empreinte d'impresslon ou d'illustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un dee symboles suivants apparattra sur la dernlire Image de cheque microfiche, seion le cas: le symbols —»* signifie "A SUIVRE", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. 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MONTR I'UINTED IJY STEWART DERBISHIRE Law Printer to the Clueen's M 1849. 5^ U: ( ? h t®. ■ «•: *i^'*>» ■f^ ■ #■ ?:>■. ..< ! ¥ ■'% ■f < !;.(*!■ I'.; I .% v i r *i* ^ .A- •/. ^Ij M . \ \ .. 1 ! ! 1^ I I' k PR ! AN ACT r TO REPEAL CERTAIN ACTS THEREIN MENTIONED, AND TO AMEND, CONSOLIDATE, AND REDUCE INTO ONE ACT, THE SEVERAL STATl'TORV PROVISIONS NOW IN FORCE FOR THE REGULATION OF ELECTIONS OF MEMBERS TO REPRESENT THE PEOPLE OF THIS PROVINCE IN TH3 LEGISLATIVE ASSEMBLY THEREOF. 12 Viotoriae, Cap. 27. MONTREAL: PRINTED BY STEWART DERBISHIRE & GEORGE DESBARATS, Law Printer to the Queen's Most Excellent Majesty, 1849. /i INDEX or 12 Vict. Cap. 27, for Amending and Consolidating the Laws relating to Elections of Members of Parliament. Sciiion 1.— Tha foUowinu' Act.s roi)eaIod: Lower CunaJa, 5 (ieo, 4, Cap. 33 ; 10 and llGeo. 4, Cap. 50. Upper Canada, 4 Goo. 1, Cap. 3 ; 3 Will. 4, Cap. 11 ; 4 Will. 4, Cap. 14. Acts of United Canada, 4 and 5 Vict. Cap. 52 ; G Vict. Cap. 1 ; and all Ac;.s and statutory provisions repugnant to the present Act. N. H. all Acts repealed by the Acts hereby repealed, to etand ropealcd, Sedioti 2. — SherifTs in Lower Caniida to be ricturning Ofliccrs rr officio for all Cities and Tovvn.s of thoir District. If two or moKJ Sheriffs for one District, then that one to whom the writ of Electiou shall be addressed shall be Returning Oliicer. For Counties, the Registrar of Deeds and Titles, or such one, if more tlian one. to whom writ shall be addressed, to bo lleturning Ofiicer. Section 3. — In Upper Canada, High Sheriffs of Districts to be ex officio Returning Oliicers for Counties and Ridings within their juris- dictions, and in which they shall reside, and also for Cities ai.d Towns within such Counties and Ridings. For other Counties, the Registrars of Deeils therein to be ex officio Returning Oflicers : Provided always that the High Sheriff of Homo District shall also be Returning OfRcor for the West Riding of York — and the Registrar of the County of York shall be Returning Oflicer for East and North Ridings thereof. Section 4. — Writs of Election to be addressed to such OlRcers ac- cordingly. Section 5. — Where Sheriffs or Registrars are Members of Legislative Council, or in case of death, absence, or sickness, the Governor General may appoint any qualified person Returning Officer ; but person so appomted must be resident elector. Penalty on un- qualilied person acting £50. Section 6. — Members of Executive or Legislative Council, of Legis- lative Assembly, Ministers, Teachers, &c. of Religion, Judges, ex-Members of Legislative Assembly if they have served in the immediately preceding Session, ineligible as Returning Officer, Election Clerk, or Poll Clerk. PenaUy 25. VI. Section 7.— Exemptions : Meiiical Mon, Millers, Post Mnslerf^, pei- fions ."(ixty yoms of utje, persons who have previoiiHly scivod, not compolleil to tako the Olfioo of Roturiiinff OlTicor, Deputy, Elec- tion Clerk, or Poll Clerk, imles.s they be Sheriffs, Uoyijlrar.'<, Town Clerks or Assessors. 4'a7ion 8. — Penally of .CoO on qualilicd person'^ relusin;; lo .^!ed 8 clear days at least before day named lor Election, and to iiaine day of polling in the Parishes, &c., and in U. C. to be posted at City ilall, and also publicly in each townshii), ward, &c. — in at City ilall, and aiso publicly in each townshii), ward, &c. — ii. L. C. in French and Enylieh and at door of at least one place of woifhip, and also publicly in each ward. Penalty for neglect X25. Section 10. — Returnins? Oflicer to take oath No. 1, in Schedule, and annex Certificate thereof to his Return. Penalty £10. Section 11. — Returnin!? Oliicer to appoint Election Clerk to assist him, and in case of death, incapacity, or neglect before or during Ehction to appoint another, and such Clerk upon death or other rause of incapacity of R. O. to be in his place. Oath to be taken. Penalty X 10 Section 12. — Hustings to bo at place named in Proclamation in open air and free of access to all Electors, and R. (). to bo there at time named, and in English and French languages in L. C. and B^nglish in U. C., to make Proclamation in form E of Schedule, and read or have read to Electors the Writ of Election, and his Commission of R. 0., and then call on Electors to name whom they wish to elect, and if candid.-xfes or their agents and the Klcctors on a show of hands agree in the choice, and a poll be not demanded after such show, R. O. shall close election, and proclaim as Member or Members persons so chosen. But if poll be demanded (which any Elector present or Candidate by self or agent may demand,) R. 0. shall grant the same under penalty of £200 for refusal or neglect. Section 13. — Poll to bo open and kept separately in each Electoral Division of Parish, Town.ship, &c., which in U. C. in Counties and Ridmgs shall be at or near where the last Township meeting was held, and in Cities and Towns at the most convenient place iix each ward ; and in L. C. at the most public and convenient place in the open air or in some building close to the public high- way, with free access ; but not a Tavern or place of public enter- tainment. Elector lo vote only at polling place of division, wherein his property lies, (excepting as excepted in S. 33) under penalty ofXlO. Section 14. — Returning Officer for Montreal to appoint three polling places in each of St. Anne's, St. Antoine, St. Lawrence, St. Louis, St. James, and St. Mary's Wards, in the City of Moutreal ; ' A^ vu and for Quebec, in cncK of the VVanls St. RocU and St. John, ami lo appoint tlireo Deputy Returning OlFicers foreacli of caid Wards, whicn for purposes of liiis Act shall remain bounded as at present ; and when tlioro are several polling places in one \V urvl, Electors niay vote at any one of them. Sfttion 15.— Meaning of word " Parish," in L. C. for the purposes of this Act, and at which polling place residents in extra parochial places, and parts of I'artshes (for which no sc^parate polling placo shall be erected unless there be 100 eluclors.) may vote. Siction 10. — After poll granted. Returning Ofhcer to ])roclaim from Hustings day anc1are him.self and act r? Agen:. lur a Candidate in the absence of one authorized by writitig, but no Agent who is paid or expects remuneration can vote, under pen- alty of i- 25. Section 30. — No person shall be entitled to vote at County Elections, ■who has not, vested in him by legal title, real property in said County of the clear yearly value of forty-four shillings and five f)ence and one farthing currency. Title to be in fee simple or reehold under tenure of free and common soccage, or in Jief in roture, or in franc alien, or derived from the (jovernor and Council of the late Province of Quebec, or Act of Parliament. Qualifi- cation to be eflective requires actual and uninterrupted possession on the part of the Elector, or that he should have been in receipt of the rents and profits of said properly, for his own use and benefit at least for six months before the date of the Writ of Election. But the title will be good without such anterior possession if the property shall have come by inheritance, devi.se, mauiage or con- tract of marriage, and also if the deed or patent from the Crown on which he claims to hold such estate in Upper Canada, have been registered three calendar months before the date of the Writ of Election. In Lower Canada possession of the property under a written promise of sale registered, if not a Notarial Deed, for twelve months before the Election, to be sufiicient title to vote. In Upper Canada a conveyance to wife after marriage must have been registered three calendar months, or husband have been in possession of properly six months before Election. .S i IX en; tur a but no er peu- ections, in said and five mple or fi<'f in Council Qualifi- isession receipt benefit lection, if the or con- Crowa , have of the roperty Deed, |to vote. it have leen in Section 31.— Voter for City or Town to have a lot of ground with a dwellinff thereon of the clear yearly value of £5 1 Is. IJd. Cur- rency, held in fee simple or in freehold under legal tenure, or derived from Governor in Council of late Province of Quebec, or from Act of Parliament, of which lot he shall have been in pos- session, or in receipt of the rents and nrofits for his own use and benefit, for 6 months, unless the same shall have come to him by inheritance, devise, marriage or contract of marriage, or that in Upper Canada the deed from the Crown have been registered foi 3 months before date of Election Writ, — same conditions as in Section 3, in respect of written promise of sale in L. C. and post- nuptial conveyance to voter's wife in U. C. Section 32. — It matters not by whom the said dwelling house was erected, whether by voter or others, and an agreement between landlord and tenant giving right to remove the house, or stipulating a payment in lieu of removal, does not affect the proprietor's right to vote. Section 33. — A Tenant Voter in Town or City must have occupied by actual residence, as a separate tenant, a dwelling house or houses, part or parts of houses for 12 months, of the yearly value of Xll. 23. 1-^d. Currency, and have paid a year's rent, or that amount of money for the 12 months immediately preceding the date of Election Writ. A person holding only a shop, or place of business but not actually residing therein, not qualified to vote. And voter having changed his residence within the Town during the year, does not affect his right to vote, but must vote in the ward in which he resides on the day. Section 34. — Tenant's right to vote not aflected by question of w aether he or another built the house, or any agreement with landlord respecting removal of the same. Section 35. — Occupiers of dwelling house provided for ihem by Go- vernment Civil or Military, or by any Incorporated Body or Society not entitled to vote on account of such occupation, unless such party shall have contracted to pay and bonA fide have paid one year's rent for the same. Section 36. — When property lies partly in one County or Riding and partly in another, the vote shall be taken for that County for whicn the Election is held ; and when property is situated partly within one polling place and partly in another, the Elector may vote at either. Section 37. — A proprietor under Section 31, whose lot is partly within and partly without the limits, cannot vote unless the " dwelling house " be wholly within the limits. Section 38. — In Lower Canada only, where one shall have the right of property and another the usufructuary enjoyment for his own use and benefit, the latter only shall vote. Section 39. — Joint Tenants or Tenants in common may each vote if his undivided share be of the proper value, Shareholders in Incor- porated Companies excepted. lA Section 40. — Votes *' o>>jected to " to be entered as such in Poll Book, with name of objecting candidate annexed. When required by Depy. R. O., Candidate, Agent, or Elector, the Voter shall verbally describe property on which he votes, and Depy. R. 0, if so required by Candidate or Agent, shall enter same in the column of " descrip- tion " in Poll Pook. Section 41. — Oaths which Elector may be required to take ; but only on demand of Candidate or Agent. Depy. R. O. refusing to ad- minister, or admistering without such demand, shall incur a pen- alty of £10. Elector voting without taking the oath, so required, shall incur a penalty of £10. If he refuee, his refusal shall be entered on Poll Book, and his vote not be recorded. But if re- corded, shall be null and void, and Depy. R. 0. incur a penalty of £10. Section 42. — Only British subjects of the full age of 21 allowed to vote. Elector may remove any objection by producing certificate or by taking oath No. 19, in Schedule. Section 43. — Deputy Returning Officer may administer oath of alle- giance to persons who, according to the provisions of any Act of jParliameut, shall become on taking such oath entitled to the pri- vileges of British birth in this Province. Section 44. — Persons knowing themselves not to be qualified, voting at Elections, incur penalty of £ 10 ; and on action brought, the burden of proof shall be on Defendant, — such vote null and void. Electors voting more than once at same Election, incur like pen- alty, and all votes after the first null and void. Section 45. — Any person having lands or tenements conveyed to him fraudulently for the purpose of qualifying him to vole, shall incur a penalty of £25. The said conveyance shall be valid, and vest the property nevertheless, and any agreement to revoke oi recon- vey null and void. Section 46. — No woman shall vote. Section 47.— Deputy needed. Oath. Returning Officer may employ an interpreter, if Section 48 — Candidate when required to make the declaration of qualification prescribed by Imperial Act for re-union of the Pro- vinces, shall give and insert at the foot of the declaration a correct description of the lands or tenements on which he qualifies, and any wilful misstatement therein to subject the candidate to the pains and penalties of perjury. Section 49. — Candidate may make s/ucb declaration voluntarily at any limo before or after date of writ. When requested to make de- claration it must be on or before the day of nomination, and before a poll shall have been granted, and the requisition must be made to the candidate personally, and he may comply at any tiLtie before the Proclamation of R. O. at close of election, but he need not comply if he have already made one voluntarily. Such decla- ration may be made before R. 0. or a Justice of the Peace, or Mayor, or Alderman of any City or Town in the Province, who *' Se Se Sei Sec Sec Sec Sec Sec Seci at any ce de- before made tiLne e need decla- ice, or XI shall attest in writing the making thereof ; and any candidate deliverir or causing to be delivered the same to the R, O. before Proclr :in at close of Election, shall be deemed to have com- plied V. . . the law. Returning Officer bound if required, under penall) ot £50, to give written acknowledgment of delivery ot such declaration, and possession of such acknowledgment to be primd facie evidence of possessor's having been authorizevl by candidate to deliver the same to R. O., and whatever be the date of attestation, or receipt, it shall be deemed to have been made on the day of delivery. Section 50. — Returning Officer and Deputy to have all the power of Justices of the Peace, and to arrest on verbal order, bail, try and convict persons who shall break the law, trouble the peace, or disturb good order, and imprison such for any period not later than the final closing of the Election, and all persons bound to obey and give their aid under a penalty of £5. Section 51. — On written requisition, to swear in Special Constables. Section 52. — Returning Officer and Deputy to take staves, bludgeons and offensive weapons from persons attending the Election, and persons refusing to surrender the same guilty of misdemeanor, punishable by fine of £5 or imprisonment for 3 months, or both, at discretion of the Court. Section 53. — Persons convicted of a battery within two miles of the place appointed for the Election, to be deemed guilty of an aggra- vated assault and punishable accordingly. Section 54. — Candidate employing means of corruption by bribe, gift, promise, or threat to induce Elector to vote or abstain from voting, or opening or causing to be opened any house of public entertain- ment for accommodation of the Electors, his election, if returned, shall be set aside on proof. Section 55. — Any person making any gift or promise to any Elector to corrupt or induce him to give or forbear giving his vote, or as expenses or compensation for loss of time, and any voter accepting the same for such purpose, shall forfeit and pay any sum between £5 and £50 at the discretion of the Court. Section 5Q. — Name of bribed voter to be erased from Poll' Book on v^i trial of contested Election. Section 57. — Entertainment of Electors to promote the Election pro- hibited, — exception as to entertainment at the residence of the entertainer. Section 58. — No person armed with offensive weapons, wiio has not been a resident for 6 months, excepting officers lawfully engaged in the Election, to come within the electoral limits, nor shall any r resident so armed approach within two miles of the Poll. Section 59. — Prohibition for any Candidate or other person to cairy or give to be carried any flag, ensign, or standard, as a party flag during an Election or within eight days before the commence- ment thereof. / xn Section 60. — Similar prohibition as to any ribbon, label, or flower as a party badge. Section 61. — Offenders against the provisions of any of the four pre- ceding Sections to be deemed guilty of a misdemeanor punish- able by fine not exceeding £25, or imprisonment not exceeding 6 months, or both, at discretion of the Court. Section 62. — Any person stealing or unlawfully taking away, or un- lawfully destroying, injuring or obliterating, or counselling or assisting therein, any Writ of Election, or return thereto, or any Indenture, Poll Book or Document required by this Act, shall be guilty of felony, and may be imprisoned at hard labor in Peni- tentiary for not less than 3 nor more than 7 years, or be otherwise punished by fine and imprisonment at the discretion of the Court. Section 63. — All oaths and affirmations under this Act to be admin- istered gratuhously. Section 64. — Penalties imposed by this Act recoverable by suit whh costs, and offender committed to gaol until paid, but suit must be brought within 9 months, and what it shall be sufficient to aver in the declaration. Section 65. — Cities and Towns not to form part of Counties or Ridings for purposes of Election, and no one to vote at Election for a County or Riding upon lands, tenements, or lots within limits of any City or Town. Section QQ. — Enumeration of fees and allowances for services and disbursements at Election. Section 67. — One copy of this Act with Index for each Returning Officer, and one for each Depy. R. 0. to be transmitted with the Writ of Election. Section 68. — Time of polling in the County of Waterloo as to the Township of Waterloo and Wilmot may be extended upon requi- sition of 12 Electors on behalf of the voters remaining unpolled on the second day. Section 69. — Act may be amended or repealed during the Session in which it was passed. SCHEDULE OF FORMS, OATHS, &c. I a: a: A! flower as four pre- r punish- Bxceediiig y, or un- selling or to, or any :, shall be : in Feni- othevwLse the Court. }e admin- suit with it must be , to aver in or Ridings ction for a in limits of vices and Returning I with the as to the on requi- unpolled Session in ALPHABETICAL INDEX TO ELECTION ACT. ^--N-'^.l.'S.'V.-, "-■N-'W --.%,>-••,- ACTS REPEALED : Lower Canada, 5 Geo. 4, c. 33 ; 10 and 11 Geo. 4, c 50 ; Upper Canada, 4 Geo. 4, c. 3 ; 3 Will. 4, c. 11; 4 Will. 4, c. 14; Acts of Canada, 4 and 5 Vic. c. 52 ; 6 Vic. c. 1. — sec. 1, AFFIDAVIT : stealing or destroying any connected with Election, a felony, punishable with 7 years at hard labor in Peni- tentiary. — sec. 62, p. 55. AGENT ; any elector may act as Agent to any absent Candidate in the absence of any person authorized in writing to act as such. — sec. 29, p. 29. Cannot vote if he shall have received, or expect, any fee or reward, or promise of such, under penalty of £25, and his vote shall be null and void. ^- sec, 29, p. 30. May require elector to describe property. — sec, 40, p. 40. And to make oath. — sec. 41, p. 41. May require Returning Officer, or Deputy, to swear in Special Constables. — sec. 51, p. 50. ALLEGIANCE : Oath of, when it may be administered at the poll, and its effect. — sec. 43, p. 43. ARMS : may be demanded of all persons having them at elections, and refusal to surrender, a misdemeanor punishable by fme of £5 currency, or three months' imprisonment, or both. — sec. 52, p. 50. Carrying at elections prohibited ; penalty £25, and six months' imprisonment. — sec. 58, p. 53, and sec, SI, p. 55, ARREST : Power given to Returning Officer and Deputy, to place by verbal order, or otherwise, all disturbers of the peace at elections in custody of two or more constables or other persons. — sec. 50, p. 49. ASSAULT : A battery committed within two miles of place of election, or of any poll during election, to be deemed an XIV nggravated assault, and punished accordingly. — sec, 53, ;?. 51. ASSESSOR : When to be appointed Deputy Returning Oflicer. — ■ sec. IS, p. 21. ATTORNEY : Paid to promote election of any candidate cannot vote ; penalty £25. — sec. 29, p. 30. BATTERY : committed within two miles of any poll or plrce of election, during election, to he deemed and punished as an aggravated assault. — sec. 53, p, 51, BRIBERY: Gift, or promise of reward, or threat of inflicting any loss on elector, to influence his vote, by candidate or authorized agent, to forfeit seat of member, on con- viction before proper tribunal, — sec. 54f,p, 51, BRITISH SUBJECTS only can vote at elections. — sec. 42, p. 42. Persons taking Oath of Allegiance at poll to be entitled to all privileges of British birth, as granted by certain Acts. — sec. 43, p. 43. CANDIDATE : Any elector, in the absence of any person author- ized in writing, may act as agent for any absent candi- date, — sec. 29, p. 29. May require elector to describe property, — sec. 40, p. 40. And make oath. — sec. 41, p. 41. May make declaration of property voluntarily, at any time before Justice of Peace, Mayor, Alderman, or Returning Officer, who must give written acknowledgment of same, under penalty of £50 ; and delivery of such acknowledgment to Returning Officer, any time before close of election, shall be deemed a full compliance with the law. — sec. 49, p. 47. May require Returning Officer, or Deputy, to swear in Special Constables. — sec. 51, jo. 50, Convicted of bribery, or of opening house of entertainment for accommodation of electors, cannot again be a can- didate during the same parliament, — sec. 54, p. 51. Furnishing entertainment for promotion of election, excepting at his own residence, a misdemeanor, punishable by fine of £50, or imprisonment for six months, or both. — sec. 57, 7). 53. Sf sec. Gl,p. 55. CERTIFICATE : Stealing or destroying any connected with elec- tion, a felony, with seven years at hard labor in Penitentiary. — sec. 62, p. 55, CITIES : In Lower Canada. SherilFs to be, ex officio^ Returning Officers. — sec, 2, p. 6. I I XV y. — sec. Officer. — itc cannot r pir.ce of anislied as icting any candidate r, on con- [. i2, pA2. )e entitled by certain on auth or- ient candi- •10, p. 40. t any time Returning jment of of such me before ompliance swear in rtainment je a can- p. 51. elcctioiij emeanor, It for six ». 55. ,'ith elcc- labor in ieturning i Henceforth cease to form part of Counties cr Billing's!, for the election of membcrri of Legislative Assembly. — sec. 65, J). 57. CLERK paid to promote election of any candidate cannot vote ] penalty J625. COLLECTOR : When to be appointed Deputy Returning Officer. sec, 18, p. 21. COMPENSATION : to elector for expenses or loss of time, as consideration for voting or forbearing to vote, to t'Ubject party giving or receiving to fine oflrom JG5 to J650. — sec. 55, p. 52. CONVEYANCE: Fraudulent, to qualify a person to vote, and who votes, to be valid, notwithstanding agreement to revoke or reconvey, and to vest the lands so conveyed, to all intents and purposes. — sec. 45, p. 44. Penalty on persons voting on such conveyance, j£25. — ibid. p. 45. CORPORATION: Partners in cannot vote as joint-tenants.— sec, 39, p. 40. CORRUPTION of Elector, to forfeit seat of Member on convic- tion. — sec. 54, p. 5\. COUNTIES, in Lower Canada, Registrars of Deeds to be ex-offmo Returning OiTicers. — sec. 2, p. 6. What qualification required in voter. — sec, 30, p, 30, See " Elector" in this Index. Elector for, if his lands lie partly in one and partly in another County, may vote for that one for which tho election is held. — sec. ^Q, p. 37. And where it is the same as respects two polling places, may vote in either. — ibid. p. 38. COUNSEL : paid to promote the election of any candidate cannot vote J penalty ^625. — sec. 29, p. 3o. DECLARATION of candidate that he possesses property to the amount required by law. — sec. 48, p. 46. Addition thereto containing description of such pro- perty. — ibid, p. 47. May be voluntarily made beforehand, before any Justice of the Peace, Mayor, or Alderman, or the Returning Officer, who shall give written acknowledgment of the same. — sec, 49, p. 47. Delivery of such to Returning Officer, by any one before tl XVI I. I close of tlic election, to lie deemed a full compliance willi tiie law. — ibid. p. 4:8. DEPUTY RETURNING OFFICER: Persons who may in no case be a|>po'iUted. — sec. G, p. S. Persons exempted. — see. 7, ;'. 9, Three to be appointed for each of certain Wards in Quebec and Montreal. — sec. 14-, p. 16. Oiie to be appointed for every poll. — ncc. 18, p. 19. Form of Commission, /). G7. — sec. 18, p. 20. Oath to be taken by. J\^o. 3, p. 07. — ibid. To he taken before Returning Oflicer or Jus' ice of Peace. — ib. To obtain certificate of having taken the oath, in the form G. p. 68. — ibid. Liable to £'25 penalty for refusal or neglect of duty. — ib. In Upper Canada to be Town Clerk ; or in case of absence or sickness, the Assessor or Collector. — ibid. To appoint by Commission, in form H, page 69, a Poll Clerk. — sec. 18,/). 21. To open Poll as required by warrant of Returning Officer, in form K, p. 71, and record votes in Poll Book, of form L, p. 72, and return same under his signature and seal, to Returning Oflicer on a certain day. — sec. 19. p. 22. What entries he shall make in Poll Book. — sec. 20, p. 22. In case of his sickness or incapacity to perform duties, Poll Clerk to take his place. — sec. 21, p. 23. After closing the poll, to make oath in form N, page 74, and return Poll Book to Returning Officer, with said oath annexed, on or before day for closing the election. — sec. 22, p. Liable to penalty for refusal or neglect of £50. — sec, 22. p. 25. How he shall proceed in case Poll Book shall have been stolen, mutilated, or be missing. — sec. 26, p. 27. Not to grant scrutiny. — sec. 28, p. 29. How to act when a vote is objected to. — sec. 40, p. 40. Refusing to administer oath to elector when duly required, or administering without being required, or recording vote without administering if required ; penalty of £10— sec. 4:1, p. 42. ft I '"^ I I i if I xvu omplianco av in no n Quebec ;). 19. 10. I To be eacc. — ib, :!i, in the utv. — ib, jf absence ge 69, a ng Officer, Book, of signature ly. — sec. sec. 20, •m duties, ■)age 74, ith said sing the \v sec. 22. ave oeen 27. ), p. 40. required, ccordlng alty of i i I To enter in Poll Book word " refused,' if person cluiming to vote refuse to make oath. — ibid. May administer oath of allcginiice. - sec. 43, j>. G3, May employ interpreter. — sec. 47, p. 45. Hia oath. — ibid. p. 46. His power to arrest disturbers of the peace on verbal oi written order, and to detain, ss.c. — sec. 50, p, 49. On requii^ition in writing by cindidate, agent, or two or more elector;^, to sv>oar in Special Constables, — sec, 51, ;?. 50. May demand arms, weapons, &c. from persons at elec- tions ; refusal to surrender, a misdemeanor, punishable by fine and imprisonment. — sec. 52, /). 50. To receive copy of this Act, with copious alphabetical Index at opening of election. — sec. C7, p. 60. DISTURBERS of the peace, at elections, maybe apprehended on verbal or written order of Returning Officer, or Deputy, detained, tried, and convicted ; and all persons must aid and obey order of Returning Ofllcer and Deputy, under a penalty of £5. — sec. 50, ^). 49. DOCUMENTS connected with election, stealing or destroying, a felony, punishable with seven years at hard labour in penitentiary. — sec. 62, p. 55. ECCLESIASTIC, cannot be Returning Officer. — sec. 6, p. 8. ENSIGNS, for party purposes, prohibited at elections, and .for eight days before ; penalty £25, and six months impri- sonment. — sees. 59, 60, and 61, jjp. 54, 55. ENTERTAINMENT, opening house of for Electon?, to vacate seat of Member if proved. — sec. 54, p. 51. If furnished by any one to Electors with intent to promote Election, excepting at private residence of pai'y, to be a misdemeanor putiishable by £25 fine or six months imprisonment, or both. — sec,bl,p. 53, &MC.61,jo.55. ELECTION, if obtained by bribery or entertainement of Electors, void. — sec. 54, />. 5 1 . ELECTION CLERK : persons who may in no case be appointed, — sec. G,]). 8. Persons exempted. — sec. l,p. 9. Form of appointment and oath, — p. 65. To act as Returning Olficer when the latter shall be incapacitated by death, illness, or otherwise, ^ aec. 11; p. 13. XV 111 What lio shall annex to Return in puch case. — ibid, ELECTOR, at Qiiehec or Montreal, may vote at any Polling place in hi.s \Vai\l — sec. \\,p. 10. Whose Property is in part of a Parish or Township, or extra-Parochial ])la(e, may vole at any Poll in his County. — ate. 1 f), ;;. 1 7. If paid At;;^nt, Counsel, Attorney or ClcrK, or promised or expectin;^ reward, cannot vote — penalty iJ25.— SP.C. 29, />. 30. For County or Riding to posses:^ as proprietor for his own use and henefit by legal title in fee simple or freehold under the tenure of free and common soccage, or in fief, or roturc or frnnc-allcu, or by Certificate from Governor in Council of late Province of Quebec, or Act of Lc;ii?lature, lands or tenements of the clear yearly value of .£2. 4d. 5^d. currency. — sec. 30, /j. 30. And to have been in uninterrupted possession or in receipt of rents and profits for six Calendar months next before date of Writ. — ibid, 31. Unless the same shall have come by descent or inheritance, devise, marriage or marriage contract. — Jl/id. Patent from the Crown, in Upper Canada, must have been rei^lstercd three months before date of Writ. — ibid. In Lower Canada a deed containing promise of sale (projnesse de rente) and possession of property, deemed sulficient title, but must have been registered twelve months before date of Writ, if not a Notarial deed. — ibid. In Upper Canada conveyance to Wife after marriage to give no legal title to vote unless registered for three months, or unless elector shall have had possession for six months before. — ibid.]). 32. For City or Town, to possess, similarly derived as above, a lot of ground with a dwelling house thereon, within the limits or liberties thereof, of the clear yearly value of £d. Us. l^d. currency. — sec. 31, p. 32. Of which he shall have held possession or received rent and profits six months before date of Writ, unles' property have come by descent or inheritance, devise marriage, or contract of marriage, or, being derived undef Patent from Crown, have been registered three months before. — ibid. p. 33. Promise of sale in Lower Canada to give legal title (o i XIX , — ibid. Polling place own si lip, or Poll ill his or promised Ity £25.— • for liis own 3 or freehold )cc;\ge, or in ■tificatc from r Quebec, or of the clear ec.30,/j.30. I or in receipt 8 next before r inheritance, bid. , mu.st have of Writ. — aise of sale ;rty, deemed tered twelve rial deed. — ' marriage to red for three ogsession for ed as above, reon, within yearly value o eceived rent Writ, unles> mcc, devise erived undef hree months legal title (o I i i vote if registered twelve months before, unless a Notarial deed. — ibid. p. 33. In Upper Canada, convoyanro to wife after marriage rcfpiircrf that voter have been in possession tiix tnctithR, or that it shall have betn registered three months. — ibid. />. 34. Proprietor of town lot may veto whether he or any other person have built the dwelling house, or whether or not there be any agreement that his tenant or any other person may remove dwelling or receive compensation for letting it remain. — sec. 32, p. 34-. Voting as tenant in any City or Town, must occupy and have occupied by actual residence for twelve months before date of Writ, a dwelling house, or dwelling liouses, in part or parts of such, and paid one year's rent nextbt'fore date of Writ to the amount of JB 11. 2s. 2.Jd, currency. — sec. 33, p. 31. Said year's rent must be for the year ending on the last yearly, half yearly, quarterly, or other day of payment which shall have occurred next before date of Writ,— ibid. J), 35. Occupation of a shop, oHTice, or counting house, or other place of business not suflicient utdcss the elector shall live and have his actual residence therein. — Ibid. Voting as tenant, not disqualified because he built the house on his occupation of which he votes, nor docs it matter who built it or under what covenants for removal. — sec. 34-, p. 36. Cannot vote as tenant upon occupation of a dwelling pro^^ided for him by the Crown or any Department of Her Majesty's Government, or by any Corporation, Society or Company. — sec. 3d, p. 37. For County, holding lands partly within one County and partly within another may vote for the County for which the election is held, and if the same occur with respect to two polling places, elector may vote at either. sec. 36, p. 37. For a Town whose lot is partly within and partly without the limits cannot vote unless the " dwelling house'* thereon be within the limits. — sec. 31, p. 38. hi Lower Canarfa having the right of property merely and another having the usufructuary enjoyment, tho latter only shall vote. — sec. 38, p. 38. When a joint tenant, or tenant in common with others may vote if his undivided siiare be of the yearly v»lu9 iir XX rcquircil by Sections 30 &. 31 of lliis Act. — mc. 39, p. 39. But sharelioUloM in incorporatotl Conipnniea cannot vote upon their ahnrc!". — ibid. \0, Who \a objected to must if required declare situat'on, &c. of hindd. — sec, 4-0, p. '10. If required by canditlatc or agent, and not clherwiBO, must talio one of the oaths marked in tho Schedule from 5 to 19 inchjsive, (as tho case may lie) or make alfirmation. — sec. \\,p. 41. Voting without making Oath as required, penalty J610. — ibid. p. 4-2. Must bo liriiidh Subject by birth or naturalization and 21 years of ago. — sec. 42, p. 43. How he may remove the objection. — ibid. On taking Oath of allegiance at Poll becomes cntiM-'d kO all tho privileges of British birth accorded by ctTtaai Acta of Parliament to persons taking such Oath before Commissioners specially appointed by Act. — sec. 43, p. 43. Person claiming to be, voting although knowing himself not to be duly qualified, to incur penalty of £10 currency. — sec. 44, p. 44. In action brought for penalty, burden of proof to be on Defendant. — ibid. Voting moi-o <'ian once at same election liable to penalty of is 10 currency. — ibid. Voting on fraudulent conveyance to incur penalty of J625 currency. — sec. 45, p. 44. Vote declared void, but conveyance good and binding notwithstandingany agreement to revoke orreconvey. — ibid, A woman cannot be. — sec, 46. p. 45. May require of candidate a description of the property on which he qualifies. — sec. 48. ;>. 46. Two or more may require Returning Oiucer or Depute to swear in Special Constables. - see. T;! /■. 50. Accepting gift, loan, office, or promise of reward or money as compensation for loss of time or expences, corruptly in consideration of his giving or forbearing to give liis vote, to forfeit on suit from £5 to £50, and costs. — sec. 55, p. 52. Whose vote shall be proved to have been given corruptly, to be struck from Poll Book. — sec. 56, p. 52. i ■tf 4 tt ® I 1 Vet. — sec. 39, OS cannot vote sltuat'on, &c. i\';t Cihervviso, I tlio Sclicdule y he) or make onalty £10.— ization and 21 ncs ontiMod lo led hy ctTtaiii h Oath before ct. — sec. 43, ing himself not €10 currency. roof to be on le to penalty nalty of £25 and binding rreconvey. — property on or Dep'jtv to 50. reward or or expences, brbearing to £50, and 5n corruptly, 52. ^ I XXI Unlejs he be one of thi> appointed ofilcorB for taking the election or u f'onstablo appointed by Returning Olliccr or Deputy, or rrquiri'il by lawful authority, not to come with arms or oiroiitsivo wc iih within two niilcH of the Poll — nuiiisliuLIc B'i misu.mcfirior by fine of £25, and 6 montlis 'inprisoiinii nt, or L>)lh. — sec. 58, p. 53 — and sec, «)1, I). 55. EXCLUSIONS, from servinij; ns Returning Olliccr, kc, — sec.6,p.B, EXECUTIVE COUNCILLORS cannot serve as Returning Olllcers, Deputy do, Election Clerk or Poll Clerk. — sec. 6,/). 8. EXEMPTIONS, from serving as Returning Otlicer, &c. — sec, 7, p. 9. Must be claimed within two days after the receipt of Writ. — sec. 8,/). 10. FEES to the several OiVicers employed in elections. — sec. GCy, p. 58. FELONY : stealing, destroying, or mutilating any Writ of Election, Poll Book, or other election document, punishable with seven years in Penitentiary at hard labour. — sec, 52, p, 55. FLAGS for party purposes at elections, and for eight days before, prohibited ; penalty £25 and six months imprisonment. sees. 59, 60, & 61, pp. 54", 55. FORM prescribed by Act for Proclamation of Returning Officer, fixing time and place of election. — p. 63. Of certificate by Justice of the Peace that Returning Oflicer has taken the oath. — p. 64. Of Commission appointing Election Clerk. — p. 65. Certificate of Election Clerk having taken the oath of office. — p. 66. Proclamation that Returning Officer is to cause to be read on day of election at hustings. — p. 66. Commission of Deputy Returning Officer. — p. 67. Certificate that has taken the oath. — p. 68. Commission of Poll Clerk. — p. 69. Certificate that has taken the oath. — p, 70. Warrant of Returning Officer to each of his Deputies for opening the polls. — p, 71. Of a Poll Book p,12. Of Indenture between Returning Officer and electors, on proclamation of Members returned. — p, 75. I ll i I 1 :l XXll HOiME DISTRICT, U. C— Sheriff of Is ex officio Returning Officer for West Riding ol' York. — sec. 3, p. 7. HUSTINGS : must be in open air, and free of access to all electort?, — sec. 12, j>. 14>. Order of proceedings thereat. — iltid. p. 14. IMPRISONMENT of persons refusing to surrender arms or offen- sive weapons at elections, on conviction, not to exceed three months, and fine of JE5 — sec. 52, p. 50. For stealing, destroying, or mutilating Writ of Election, Return, Indenture, Poll Book, Certificate, Affidavit, or other document connected with election, not less than three nor more tlian seven years in penitentiary, at hard labour. — sec. 62. p. 55. INDENTURE: stealing or mutilating, felony, seven years in peniteivtiary. — sec, 62, p. 55. INDEX: this Act with copious alphabetical Index lobe sent to every Returning Officer and Deputy, with Writ of Election. — sec. G7.. p. 60. INDICTMENT for stealing or injuring Poll Book, Stc. — the article which is tlie subject of indictment need not be laid as the property of any one, nor that it is of any value. — sec. 62, p. 55. For 'penalty under this Act, the particular offence and that defendant is guilty, are all that need be alleged. — sec. 6i, p. 57. INTERPRETER may be employed by Deputy Returning Officer when required. — sec. 47, p. 45. His oath. — ibid. p. 46. JOINT TENANTS may vote, if undivided share of the property be of the value required. — sec. 39, p. 3.9. JUDGE cannot be Returning Officer. — sec. 6, p. 8. LEGISLATIVE Councillor cannot be Returning Officer, nor Dcputv, Election Clerk, nor Poll Clerk. — sees. 5 & 6, pp. 7 & 8- Assembly, Member of, — ditto. — sec. 6, p. 8. Nor Ex-Member, if he served in the previous Session. — sec. 6 J p. 9. MEMBER OF PARLIAMENT: election to be declared void, if proved guilty of bribery and corruption, or of opening house of entertainment for electors other than his owa housGi — sec, 54, p, 51. i M I I IV XXlll Jicio Returning 3, p. 7. ' access to all 4. arms or offen- > not to exceed 2). 50. rit of Election, rate, Affidavit, ction, not less n penitentiary, even years in c to be sent to with Writ of ok, Stc. — the lit need not bo lat it is of any ar oflence and be alleged. — turning Officer the property 9. Officer, nor sees. 5 & 6, p. 8. IS Session. — lared void, if or of opening than his owa I f MINISTER of religion, cannot be Returning Officer. — sec. 6,p, 8» MISDEMEANOR : refusing to surrender arms, or offijnsive wea- pons at election ; fine £d, or imprisonment, or both. — sec. 52, 2>- 53. Entertaining electors, carrying arms, or party f.ag, or ribbon as party badge ; penalty £25, or six months imprisonment, or both. — sees. 57, 58, 59, CO, 61, pp. 53 to 55. OATH of Returning Officer. — p. 64?. Election Clerk. — p. 65. Deputy Returning Officer. — ^>. 67. Poll Clerk.—;;. 69. Ditto after closing of poll. — p. 73. Deputy Returning Officer, after closing of poll. — p. 74<. Of County elector in Lower Canada voting on property acquired otherwise than by descent, marriage, &c.— « p. 76. Ditto (L. C.) on property by descent, marriage, &c. — p.77. Town or City elector, (L. C.) as proprietor on title other than descent, &c. — p. 77. Ditto (L. C.) as proprietor by descent, &c. — p. 78. Ditto (L. C.) as tenant. — p. 79. County or Riding elector, in Upper Canada, upon estate (U. C.) derived by conveyance not registered. — _p.80. Ditto on estate (U. C.) by Patent from the Crown. — p. 81. Ditto (U. C.) by registered conveyance. — p. 81. Ditto (U. C.) by inheritance, devise, or marriage. — p. 82. Town or City freeholder (U. C.) voting on estate by con- veyance, not registered. — p. 83. (U. C.) on estate by inheritance, devise, or marriage.— p. 83. Of Town or City elector (U. C.) voting as tenant, — p. Sh On estate by registered conveyance. — p. 85. Estate by Patent from the Crown. — p. 85. Of elector in either Province, that he is a British sub- ject. — p. 86. Of the Interpreter. - - /;. 46. All under this Act to be administered gratuitously,— sec. 63, p. 56. m \ 11 ' I XXIV OBJECTED VOTES : how to be entered in Poll Book, and uuty of Deputy Returning Ofiicer in such cases. — sec. 40, JO. 40. PARISH: what shall be deemed in Lower Canada. — sec. 15, p. 17. Part of, containing 100 qualified Proprietors, may have separate Polling place. — sec. 15, p. 17. Extra-parochial place, at what Poll Elector mayvote. — sec. 15, p. 17. PARTY FLAGS, ribbons, badges, or favors prohibited during or within 8 days previously to any Election — penalty £25 and 6 months imprisonment. — sec. 59 and 60, pp. 54, 55. PEACE : Returning Ofllcer and Deputy to be Conservators of during Election, with full powers to arrest, detain, bail, try and convict disturbers. — sec. 50, p. 49. PENALTY : all under this Act recoverable by action of debt, &c., in any Court of competent jurisdiction. — sec. 54, p. 56. On Returning Officer refusing to give written acknov^r- ledgment of having received certified declaration of Candidate as to property, JB50. — sec. 49,/?. 48. On person refusing to surrender arms or offensive wea- pons, j65, and imprisonment. — sec. 52, p. 50. On parties giving or receiving corruptly any consideration for voting, from ;S5 to £50. — sec. 55, py 52. On persons providing entertainment to promote Election, excepting at private Residence, £25, or 6 months imprisonment, or b«th. — sec. 57, p. 53, and sec. 61, p. 55. On strangers coming armed to Elections, or resident Electors coming within 2 miles armed, JE25, and 6 months imprisonment. — sec. 58, p. 53, and sec. 61, p. 55. On unqualified person acting as Returning OtBcer, £50. — sec. 5, p. 8. On disqualified persons named in section 6, so acting, £25. — sec. 6, pp. 8Sf9. On qualified persons refusing to serve as Returning Officer, £50. — sec. S, p. 9. On Returning OiTicer for neglect to make due Procla- mation, £25 — sec. If p. 11. On Returning Officer for neglect to take Oath, £10, — sec. 10, p. 12. M m M' I i XXV Book, and uuly ;ases. — sec. 40, — 5ec. 15, p. 17. 3tors, may have 7. ctor may vote. — bibited during or 1 — penalty £25 . 59 and 60, Conservators of ) arrest, detain, 50,;). 4-9. on of debt, &c., — sec. 54, p. 56. vrilten acknow- declaration of 49,/>. 48. r offensive wea- 2, p. 50. ly consideration /?, 52. )mote Election, or 6 months '3, and sec. 61, s, or resident d, je25, and 6 , and stc. 61, Officer, £50. — I 6, 60 acting, as Returniner :e due Procla- th, jeiO.—wc. -■UO; On Justice of Peace for refusing to administer same, or to grant Certificate in form as in page 64, JGlO. — sec. ;0,;j. 12. On Election Clerk for neglect to take Oath, or perform duties, £10. — sec. l\,p. 13. On Returning Ofllcer not granting Poll, £200. — sec, 12, p. 15. On Deputy Returning Officer for refusal to take office or neglect of duty, £25. — sec. 18, p. 20. On Poll Clerk, ditto, £10. — ibid. p. 21. On Deputy Returning Otficer for contravention of section 22, je50. — sec. 22, p. 25. On Poll Clerk for the same, J625. — ibid. On Deputy Returning Officer and Poll Clerk for contra- vention of directions in section 26 in case of loss, damage or destruction of Poll Book, £50, and impri- sonment. — sec. 26, 28. ' On persons voting who act as Agent, Counsel, Attorney, Clerk or otherwise to promote the election of any candi- ; date, and receive or expect fee or reward or promise of the same, ^625. — sec. 29, p. 30. On Deputy Returning Officer for not administering Oath to elector when required, or for administering without being required, or recording vote of person required to make Oath but who has not complied, £10 currency. — sec. 41, p. 41. On person voting without qualification, or voting more than once at the same election, JEIO — sec. 44,;). 44. On person voting on fraudulent conveyance, J625. — sec. 45, ;;. 45. PENITENTIARY: seven years' imprisonment, at hard labour, for persons guilty of stealing or mutilating any Poll Book, Writ of Election, Indenture or other election docu- ment. — sec. 62, p. 55. PERJURY : candidate knowingly and wilfully making false statements in description of the property on which ho qualifies, liable to the pains and penalties of. — sec. 48, ;>. 47. POLL : To be opened if demanded, in every Parish, Township, or Union of Townships, or Ward, or part of a Parish or Township. — sec. 9 p. 11. When demanded must be granted under penalty on Returning Officer of £200, and election ipso facto null and void. — sec. 12, p. 15. I I'i I ' I ii! XXVI In what place or building to be held, and proceedings at. — sec. 13, p. 15. Not to be at a Tavern. — ibid. Special provisions respecting for Montreal and Que- bec — sec, lit and l6. Must be held in a central place. — sec. 14. p. 16. And on a day not more than ten nor less than six days after the Nomination Day, — sec. 16, j). 18. Must not be on a Sunday nor any of the days named in section, as holy-days. — sec. 11 p. 19. And continued for two days only, from nine in the forenoon to five in the afternoon, and the duys to be consecutive unless holy-day intervene. — ibid. POLL CLERK : Persons who may in no case be appointed. — sec. 6 J). S. Persons excepted. — sec. 7,jp, 9. His Oath, No. 4, p. 69 sec. 18, p. 21. To obtain Certificate of having taken Oath in form I, p. 70. — ibid. To aid Deputy Returning Officer, and in case of his sickness or incapacity, to take his place, with the like powers and obligations and under the like penalties, and in such case to appoint another Poll Clerk. — sec. 21, p. 23. After the closing of the Poll, to take Oath form M, page 73, which shall be annexed to Poll Book. — sec. 22, ;?. 24. Liable to penalty for contravention of section 22, of ^£20. — sec. 22, p. 25. His duty in case of loss, damage, or destruction of Pol Book. — sec. 26, p. 27. PRIEST : Cannot be Returning Officer. — sec. 6,p. 8. POLL BOOK : To be kept in form L, p. 72. — sec. 19, p. 22. And returned to Returning Officer under the Signature and Seal of the Deputy, on or before day fixed for closing the election. — sec. 19, p. 22. "What entries shall be made in. — sec. 20, p. 22. Proceedings upon loss, damage, or destruction of. — sec, 26, p. 27. Copies to be made by Returning Officer within 10 dayi? after close of election and deposited with Registrar of Deeds for pul)lic inspection, with liberty to copy on payment of one shilling. — sec, 27, p, 28. '1 M S m vS -Mi and proceedings real and Que- an six days after 5 days named in e in the forenoon ) be consecutive 3 appointed. -— ►ath in form I, in case of his ace, with the e like penalties, Slerk.--*ec.21, 1 form M, page jok. — sec. 22, section 22, of ruction of Pol .8. . J9,j». 22. the Signature ' tlay fixed for p. 22. ition of. — sec, ni\\\\\ 10 days ith Registrar of ty to copy on m '.^'* i •;* XXVll Original to be returned with Writ to Clerk of the Crown in Chancery within fifteen days after close. — ibid, p. 29. Original to be primil facie evidence of truth of con- tents. — ibid. p. 29. What entries shall be made in, of ** objected votes." — sec. 40, p. 41. Oath when administered to elector to be recorded in. — sec. 41,;;. 41. And to enter against the name the word " refused,"' if elector will not take the Oath. — ibid. p. 42. Where elector shall have voted more than once, all after the first null and void, and penalty j£10 cur- rency. — sec. 44, p. 44. Votes proved to have been given corruptly to be struck from Poll Book. — sec. 5G, p. 52. Stealing, destroying, obliterating or injuring, to be deemed a felony punishable with 7 years' imprisonment at hard labour in the Penitentiary. — sec. 02, p. 55. PROCLAMATION of Election : its form — p. 63, Must be made within S days after receipt of ^Vrit, and be posted up 8 clear days before day appointed for the nomination day. — sec. 9, p. 10. In what places it shall be posted. — ibid, p. 11. Must be in English and French languages in Lower Canada, and in English in Upper Canada. — ib. p. 10. and sec. 12. p. 14. QUALIFICATION of Voter in Counties or Fidings. — - sec. 30, p. 30, and see « Elector." In Towns or Cities. — sec. 31, p. 32. Of candidate, form of addition, describing his lands and tenements which, if required, .he must make to the declaration prescribed by the Imperial Act of Union. — sec. 48, p. 47. REGISTRARS of Deeds, in Lower Canada, to be ex officio Return- ing Officers for Counties. — sec. 2, 7?. 6. In Upper Canada, to be ex officio Returning OfTicers fur Counties of v»hich ShciifTs are not. — sec. 3, p. 7. Of County of York, Upper Canada, to be Returning Olli'^or Si:C, 3, for east and north Ridings of said County. p. 7. Refusing to serve, penalty £50. — sec, 8, p. 9, m !i' H I XXVUl To permit inspection with leave to copy the certified copies of Poll Booka on payment of one shilling. — sec. 27, p. 29. RETURNING OFFICER : Sheriffs to be ex officio in Lower Canada for Cities and Towns, and Registrars for Counties. — sec. 2, p. C. In Upper Canada High Sheriff to be for Coimties and Ridings, Cities and Towns, if resident, and Registrars for other Counties — with exception as to County of York. — sec. 3, p. 6. If Sheriff or Registrar be Member of Legislative Council, he cannot act, and Governor may appoint another — and so also in case of death or other incapacity. — sec. 5, p. I. Must be an Elector and have resided 12 months. — sec» 5, p.S. Members of Executive or Legislative Council, of Legis- lative Assembly, Ministers of Religion, Priest, Eccle- siastic, or Teacher of Religion, Judges, Ex-Members of Legislative Assembly who served in Session next ]), "Ceding the election, or in the then present Session, cii;inot act as Returning Officers. — sec. 6, p. 8. Persons exempted from serving. — sec, 7, p. 9. Refusing to serve, penalty £50. — sec. S, p. 9. On receiving Writ of Election, what lie shall do. — tec. 2, p. 10. Form of his Oath, and Certificate thereon. — p. Si. To appoint election Clerk. — sec. 10, p. 12. Form of Commission of such appointment. — j). 65. To appoint another on death or incapacity. — sec. Il,^j.l3. Election Clerk to act in his stead if incapacitated by death, illness or ollicrwise. — sec. 11, p. 13. On day of election (" Nomination Day ") to make at Hustinjr?, Proclamation in form E, page G6, and read Writ of election and his Commission, then call on electors to name whom they will have as Members, and proclaim such persons duly elected if upon a show of hands there be no opposition, but if a Pol! be demanded, Returning Officer must grant the same under penalty o(£200.— sec. 12, p. 14. For Montreal and Quebec, — special directions to them as to extra polling places and Deputies. — sec, 14, p, 16, 4 M J3 >y the certified one shilling. — fficio in Lower licgistrars for Counties and and Registrars to County of lative Council, another — and city. — sec. 5, )nths.— sec, 5, incil, of Legis- Priest, Eccle- Ix-Members of Session next eaent Se&siori, . 6, p, 8. >. 9. J. 9. I do. — sec. 2, - i>. 64. - p. 65. ■sec. l\,p.\Z. ited by death, I to make at 36, and read then call on as Members, ipon a show if .1 Pol! be e same under ^ns to them — SGC» 14, m 1*-' I I XXIX After granting a poll on Nomination Day, to proclaim from Hustings the day and places at which separately in each Parish, Township, or Union of Townships, Ward, or part of a Parish or Township, the votes sliall be taken, — sec. 16, p. 18. And to allow an interval of six and not more than ten days between such Nomination day and such day for taking the votes. — ibid. And to specially designate and describe such places. — ibid. And then adjourn the proceedings to one of the said ten days as the day for closing the election. — ibid. Not to appoint a Sunday nor any of the days named in section as holy-days for taking the poll, which must be taken on two consecutive days, (unless holy-day intervene) and no more, beginning on each day at nine in the forenoon and closing at five in the afternoon. — sec. 17, p. 19. To appoint a Deputy for every poll, by Commission according to form F, p. 67. — sec, 18, p. 19. May administer Oath No. 3, p. 67. — ibid. p. 20. To appoint as Deputy in Upper Canada, for each Town- ship or Union of Townships, the Town Clerk, but if he be absent or sick, the Assessor or Collector. — sec. 18, p. 20. By Warrant in form K, page 71, to require Deputy to open the poll and record votes of the electors. — sec, 1 9, On day fixed for closing election to repair at appointed hour t(/ place at which it was opened, and before electors count and add up Poll Books and proclaim as Member or Members the persons having ihe majority of votes. — sec. 23, p. 25. But not unless all the Poll Books have been returned to him. — ibid. p. 26. In such case to adjourn from day to day until he shall have received all the Poll Books, assigning publicly the reason of such adjournment, but not to adjourn to holy- day but to the next day, and in no case so as to prevent his returning the Writ on the day appointed. — sec. 24, p. 26. Immediately after the Proclamation of the Members, to execute Indenture in form 0, p. 75, in duplicate or triplicate, and transmit one copy to Clerk of the Crown in Chancery. — sec. 25, p. 27, ,1 1^! XXX I ' i I ) How he shall proceed in case any Poll Book shall be missing. — sec, 26, p, 27. To make copies of Poll Books and within ten days deposit same with Registrar of Deeds lor public inspection with liberty to take copies on payment of one shillii.g. — sec. 27, p. 28. To transmit original Poll Book with Writ and his return to Clerk of the Crown in Chancery within 15 days after the close of election. — sec. 27, p. 29. Henceforth to have no power to grant or make scrutiny of votes, except .ig only the usual scrutiny of each vote before it is recorded. — sec. 28, p. 27. May require of candidate a description of the property on which he qualifies. — see, 48, p. 46. But not if candidate have previously made a voluntary declaration and description. — sec. 49, p. 47. Must give candidate written acknowledgment of having voluntarily made the declaration in questton, under a penalty of £50. — sec. 49, p. 48. To receive certified declaration by whomsoever delivered to him, if delivered before the close of the election, as full compliance with the law. — ibid. May arrest disturbers of the peace by written or verbal order, comniit to prison, bail, try, and convict any such with the same powers that Justice of the Peace has. — sec. 50, p. 49. All persons must aid and obey order of under penalty of £5. — ibid. p. 50. On requisition in writing by candidate, agent or two or more electors, to swear in Special Constables. — sec. 51, p. 60. May demand arms, weapons, &c., from persons at elections, — refusal to surrender punishable by fine and imprisonment. — sec. 52, p. 50. To receive by Warrant the amount of fees payable to officers employed at election, and distribute the same and report to Governor. — sec. 66, p. 60. One copy of this Act for self, and one for each of his Deputies, to be sent with Writ of election, with copious 'Ml Index prefixed. — sec. 67, p. 60. RIDINGS : Persons qualified to vote at elections for, p. 30. " see elector." sec. 30, S S a?' XXXI Book shall be ?n days deposit nspection with me shillii.g. — id liis return to 15 days after ke scrutiny of of each vote e property on e a voluntary .47. ?nt of having stton, under a 3vcr delivered 3 election, aa ten or verbal vict any such \^ace has. — er penalty of t or two or es. — sec. 51, persons at ible by fine payable to te the same each of his vith copious - sec. 30, I SCRUTINY : none hencefortli to be granted by Returning Officer or Deputy. — sec. 28, p. 29. SHERItTS : In Lower Canada to be ex officio Returning iTicers for Cities and Towns in their jurit^diction. — sec. 2, p. 6. In Upper Canada to be ex officio Returning Officers for Counties or Ridings in jurisdiction, if resident therein. — sec. 3, p. 6. Also in Upper Canada for Cities and Towns in juris- diction. — sec. 3, p. 7. 0^ Home District, Reluming Officer of West Riding of County of York. — sec. 3, p. 7. SPECIAL CONSTABLES: Returning Officer and Deputy may swear in at elections. — sec. 50, p. 49. Upon written requisition of candidate, agent, or two or more electors, must be sworn in. — sec. 51, p. 50. STEALING, or mutilating Poll Book, Writ, or any election document — declared a felony punishable with 7 years imprisonment at hard labour in Penitentiary. — sec. 62, p. 55, STRANGERS coming armed to election — penalty £25, and 6 months imprisonment. — sec. 58, p. 53, & sec. 6\,p. 55. SUIT, brought for penalty prescribed against voter for voting without due qualification, the burden of proof to be on the Defendant. — sec. 44, p. 44. Against party giving or receiving bribe, may be brought in any Court of Record. — sec. 55, p. 52. For penalties under this Act PlaintilT need only state that Defendant is indebted in a certain amo;mt, and name the particular offijnce. — sec. 64, p. 57. Must be brought within nine months after the offence. — ibid. TEACHER, of Religion cannot be Returning Officer. — sec. G,p. 8. TENANT : occupancy of house as a dwelling and payment of rentier 12 months of £11 2s. 2:J^d. currency to give right to vote for Cities and Towns. — sec. 33, p. 34. " see elector." But not if the house have been provided for the party by the Government or by any Company or Society unless he shall have contracted to pay and bonhfide have paid one year's rent. — sec. 35, p. 37. ill' '\" 1^^ XXXIl TOWNS ; in Lower Canada, Sherifl's lo be ex officio Rotuniing OfTicers. — sec. 2, p. 6. Who shall be voters therein. — sec. 3, p. 32. — (see « Electors.") vVhen voter's property is partly without the limits, the " dwelling house" must be within to entitle to vote. — sec. 37, p. 38. Henceforth cease to form part of Counties or Ridings for the election of Members of Legislative Assenioly. — sec. 65, p. 57. TOWN CLERK: to be appointed Deputy Returning Officer.— sec. 18, p. 20. THREAT if used to influence the vote of gin elector, to unseat the Member against whom it shall be proved. — sec, 54i, p. 51. USUFRUCTUARY in Lower Canada, to vote where another has merely the right of property. — sec. 3S, p. 38. WATERLOO, Township of, in County of Waterloo, — time of polling may be extended on requisition of electors. — sec. 68, p. 61. WEAPONS, offensive, must be surrendered on demand of Return- ing Officer or Deputy, penalty of refusal, ;£5, or imprisonment for three months, or both. — sec. 52, p. 50. Strangers coming with, t^ elections, or resident electors coming armed within ' /o miles, penalty, JE25, and imprisonment for six montlis. — sec. 58, p. 53, and sec. 61, p. 55. WILMOT, Township of, in County of Wateiloo, time of polling may be extended on requisition of electors. — sec, 68, p. 61. WOMEN cannot vote at any election, — sec. 46, p. 45. WRIT OF ELECTION, to be addressed only to Sheriffs and Registrars. — sec. 4, p. 7. Excepting where, from death or incapacity, a special Returning Officer has been appointed by the Governor General. — sec. 5, p. 7. Must be read at Hustings on Nomination Day, in both languages in Lower Canada, and in English in Upper Canada. — sec. 12, p. 14. Stealing, obliterating or injuring, felony, and seven years Penitentiary. — sec. 62, p. 55. One copy of this Act for Returning Officer, and one for each of his Deputies, with copious alphabetical Index, to be sent with Wriu — sec. 67, p, 60. fficio Rouirriing , p. 32. — (see the limitH, the ititle to vote. — I or Ridings for 3 Assenioly. — iiing OflTicer. — )r, to unseat the vod. — sec. 54, lere another has ;j.38. rloo, — time of of electors. — nand of Return- ;fusal, XT), or - sec. 52, p. 50. !?sident electors Ity, je25, and )8, p. 53, and time of polling ors. — sec, 68, >. 45. o Sheriffs and city, a special y the Governor Day, in both iglish in Upper nd seven years r, and one for abetical Index, '■■A; '^: I - V5i ;^; ANNO DUODECIMO €? VICTORITE REGIN^. CAP. XXVI I. An Act to repeal ceitaiti Acts therein mentioned, and to amend, consolidate, and rednce into one Act, the several Statutory provision-^ now in force for the regulation of Elections of Members to represent the People of this Province in tiie Legislative Assembly tliereof. [SOthMai/, 1849.] WHEREAS it is expedient to amend, rreaa.iii-. consolidate, and reduce into one Act, the several Statutory provisions now in force for the regulation of Elections of Members to represent the People of this Province in the Legislative Assembly thereof: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembl}"^ of the Province of Canada, consti- tuted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled. An Act to re-unite tlie Pro- vinces of Upper and Lower Canada, and, for the Government of Canada, and it is hereby 'I I ■ ' Hi I Corluin Actij and part ut' ActH repcalcila Act. of L. U. 5 G. 4; c. 33. Actoi'I.. C. 10 All Ci. 1. c. 50. Act of U. C. 1 G. 4. c, 3. Act of U. C. 3W.4,c.ll. enacted by the authority of the same, That the .several Acts of the Parliaments of the late Provinces of Lower and Upper C'anada and of the Parliament of Canada, hereitiafter in this section mentioned, shall be, and the same are hereby repealed, that is to say : the Act of the Parliament of the late Province of Lower Canada, passed in the fifth year of the reign of His late Majesty, King deorge the Fonrth, chauter thirty-three, and intituled, " An Act to repeal certain Acts therein mentioned, and to consolidate the Laws relating to the Election of Members to serve in the Assembly of this Province, and to the duty of Returning Officers, and for otl^er purposes," — and the Act of the same Parliament, passed in the Session held in the tenth and eleventh years of the same reign, chapter Hfty, mid intituled, "An Act to amend a certain Act passed in the iifth year of His Majesty's reign, for tlu; })urpose of consolidat- ing the Laws relating to Elections," — and the Act of the Parliament of the late Province o( Upper Canada, passed in the second Session held in the fourth year of the reign of His said late Majesty, chapter three, and intituled, " An Act to repeal the several Statutes of this Pro- vince respecting the Election of Members of the House of Assembly, and the qualification of Voters and Candidates at such Elections, and to reduce the provisions thereof, with some amendments, into one Act, and also to provide against fraud in obtaining qualifications to vote at Elections," — and the Act of the same Par- liament, passed in the Session held in the third year of the reign of His late Majesty King William the Fourth, chapter eleven, and inti- tuled, "An Act to make perpetual an Act passed in the thirty-thiid year of the reign of M .1 110, That the of the lato iiiada and of after in tliis he same are e Act of the ! of Lower tlie reign of the Fourth, I, "An Act itioiied, and the Election rtbly of tliia Ing Officers, ! Act of the sion held iti same reign, ct to amend year of His consolidat- I," — and the Province of )nd Session I of His said ituled, " An )f this Pro- Members of inalificatiou I Elections, f, with some ) to provide ions to vote I same Par- in the third ijesty King II, and inti- iial an Act the reign of His IMajosty King Georgr' tlio Tliinl, iiilituled, *Aii Act lo |)i*ovid(? i'or the iippoinUuciit of * Hetuniing Oificers of Uic .several Counties ol' * this Province,' and to inalv(; provisions respect- ing the (I'Uies of Heturiiiiig (JHicers, luid ex- penses attending Elections," — and the Act of the sanie Parliament, })assed in the Session held in the fourth year of the same reign, chapter fourteen, and intituled, "An Act toActcftJ. c. repeal part of and amend an Act passed in the * ^^' "*' ^' *^' fourth year of the reign of His lat(! Majesty (leorge the Fourth, intituled, ' An Act to repeal * the several Statutes of this Province res})ect- * ing the Elections of Meml)ers of the House of * Assembly, and the ([ualitications of V^oters ' and Candidates at such Elections, and to * reduce the provisions thereof, with some * amendments, into one Act, and also to provide * against fraud in ol)taiiiing qnalilicalions to * vote at Elections,' " — and the Act of the Par- liament of this Province, passed in tlie Session held in the fourth and fifth years of the reign of Her Majesty, chapter fifty-two, and intituled, " An Act to co)npel all Candidates at any ActofCanad*, future Elections for Members of the Legisla- i^^v. c.52. tive Assembly to make and subscribe detailed declarations of the property by them possessed, and under which they qualify," — and the Act of the same Parliament, passed in the Session held in the sixth year of tlie same reign, chap- ter one, and intituled, "An Act to provide Ibr An of Canada, the freedom of Elections throughout this Pro- ^ ^' ^' ^• vince, and for other purposes therein men- tioned;" and all other Acts, enactments or Goncialrciual. provisions of law repugnant to or inconsistent with this Act: Provided always, that all Acts, p^.^,^ roviso: rc« .4> enactments and })i'o visions of law rej)Cciled by printed Acts the Acts hereby repealed, or any of them, shall "" ^ ^^^^'■<'' IhM I i<; I !■ In L. C. SherifTs to bo lleturning Officers tor the Cities ;in Counties. If there be more than one Registrar in a Countv. In U. C. High Sherifl'n to be Return- ing Officers for Ihcir Counliiw, Cities and Towns t hero- in, if resident, and where thj SheriflTis nut Ileturning remain repealed, notwithstanding the repeal of the said last mentioned Acts. IT. And be it enacted, in and hy the present section, whicli shall liave force and effect in Lower Canada only, That the Sheriffs for the time being for the several Districts of that part of the Province, shall be ex officio Return- ing Officers lor the respective Cities or Towns over vvliich their anthority as such Sheriffs shall extend ; and in case tliere sliould be two or more persons appointed to perform the office of Sheriff for any one of the said Dis- tricts, then the Writ of Election shall be directed to either of them, and the person to wliom the Writ of Election shall have been directed, shall alone act as such Returning Officer ; and that the Kegistrars of deeds and titles, for the timeheiiig, for Ihe several Coun- ties in liOwer Canada, shall be ex officio Re- turning Officers for the respective Counties over which their authority as sucli Registrars sliall extend ; and in case there should be two or more Registrars in any of the said Counties, according to the several divisions made thereof for registry purposes, then the Writ of Elec- tion sliall be directed to any one of such Re- gistrars, and the Registrar to whom the Writ of Election shall have been directed shall alone act as such Returning Officer. III. And be it enacted, in and by the pre- sent section, which shall have force and effect in U])per Canada only. That the High Sheriffs tor the time beinar for the several Districts in that part of the Province, shall be ex officio Returning Officers for such Counties or Ridings over which their authority as such Sheriffs shall extend, and in which they shall respect- w a ■M I the repeal of •y tlie present and effect in lerifFs for the ricts of that iricio Return- ies or Towns iiieli Sheriffs lioukl be two perforin the the said Dis- ion shall be iie {)erson to 1 liave been h Returnins; of deeds and 3venil Coun- 'X officio Re- ve Counties 'h Registrars lould be two lid Counties, nade thereof i^ritofEIec- of such Re- m the Writ 1 shall alone by the pre- ?e and effect ligh Sherifls Districts in be ex offirio s or Ridings ich Sheriffs all respect- 'I ively reside, and also for the respective Cities officer, th? and Towns, sending Members to Parliament k«'?"'"" '^ ^^ within the limits of such Counties or Ridings, and that for the several other Counties for which the Sheriff shall not be ex officio Re- turning Officer as hereinbefore provided, the Registrars of Deeds therein for the time being shall be ex officio Returning Officers ; Provided always, that the High Sheriff of the Home District, shall also be ex offirio Returning Officer for the West Riding of the County of York, and tliat the said Registrar for the time being of the said County of York, shall be ex officio Returning Officer for the East Riding and North Riding of the said County. IV. And be it enacted. That whenever a Writs ofEkc- Writ of Election is issued for the election of a wi^'it^i'i . Ti uresscd accora> Member or Members to serve in the Legisia- ingiytothe tive Assembly of this Province for any of the I'^gSj^Jf/ said Counties, Ridings, Cities or Towns, the same shall be addressed and directed to the said Sheriffs and Registrars respectively, as the case may be, according to the requirements of this Act. V. And l)e it enacted. That in case any of Another Re- the said Sheriffs and Registrars should be a SKSS Member of the Legislative Council of this if the sWff Province, he shall be, to all intents and pur- \nc4^ll"^.^ poses, disqualified and incapacitated from act- ing as Returning Officer ; and in that case, as well as in the case of the death of any Sheriff or Registrar, or of his being absent from this Province, or incapacitated by sickness from performing the duties of Returning Officer, then it shall be lawful for the Governor Gen- eral of this Province to appoint, as heretofore, any qualified person to be Returning Officer in •l I ■ ., 1] I'l w I feii id'! i J !■ ■! ' 1 H Proviso: qua« liticatioii of any person so appointoil. Penalty for r.ct3ng without qualiiication. Colain partice excluded from ECrving as Re- turning Offi* cers, &C. The parties. 8 the place of such Sheriff or Registrar : Pro- vided always, that no per.'-oii, other than a. Sheriff or Registrar as aforesaid, shall be so appointed or act as such Returning Officer for any County, Riding, City or Town in this Province, unless at the time of his appoint- ment, such person be an elector for such County, Riding, City or Town, then duly and legally qualified to vote at the election of a Member or Members for the same, nor unless he shall have continually resided therein dur- ing at least twelve months immediately pre- ceding liis appointment ; and that any person who shall be so appointed and shall act as Returning Officer for any one of the said Counties, Ridings, Cities or Towns, without possessing the qualifications hereinabove re- quired, shall thereby incur a penalty of fifty pounds, current money of this Province. VI. And b-" it enacted. That none of the persons hereinafter designated in this section, shall in any case be appointed or act as such Returning Officer as aforesaid, or as Deputy Returning Officer, or as Election Clerk, or as Poll Clerk, that is to say : Firat. The Members of the Executive Council. Second. The Members of the said Legisla- tive Council. Third, The Members of the said Legislative Assembly. Fourth, Any Minister, Priest, Ecclesiastic, or Teacher, under any form or profession of religious fiiith or worship. Fifth. The Judges of the Courts of Supe- rior Civil and Criminal Jurisdiction, as well t 9 istrar : Pro- )tlitr than a shall be so g Officer for own in this his appoint- or for such len duly and election of a , nor unless therein dur- xUately pre- any person shall act as of the said nis, without iinabove re- alty of fifty )vince. none of the this section, act as such r as Deputy Clerk, or as Executive lid Legisla- Legislative Ecclesiastic, •oll'ssion of s of Siipe- ■)Y\, as well m .!■ M'. >r as the Judges of Circuit Courts and District Courts. Sixth, All persons who may have served in Penalty on ,;v the Parliament of this Province as Members g'acUng as of the said Legislative Assembly, in the ses- Returning" sion next immediately preceding the election in question, or in the then present session, if the election shall take place during a session of the said Parliament, and if any one of the persons above mentioned in this section shall be appointed to act and shall act as Returning Officer, or as Deputy Returning Officer, or as Election Clerk, or as Poll Clerk, he shall in- cur a penalty of twenty-fi.ve pomids, current money of this Province. VII. And be it enacted, That none of the Certain parties 1 ' rtj. ,' ^ • ji • J.* exempted from persons heremaiter mentioned in this section, serving. unless they be such Sheriffs or Registrars, or Town Clerks or Assessors, shall be obliged to act as such Returning Officer, or Deputy Re- turning Officer, or as such Election Clerk or Poll Clerk, that is to say : First. Physicians and Surgeons. Second. Millers. Third. Post-Masters. Fourth. Persons being sixty years of age, or upwards. Fifth. Persons who shall have previously served as Returning Officers. VIII. And be it enacted, Tliat every Sheriff ponaity on or Registrar, and every other person having J"'tej"jefug" the qualifications required by this Act for act- ing to serve a& ing as Returning Officer, Who shall refuse to gScm."" perform the duty of Returning Officer at any such Election as aforesaid, after having received w ■li i'! Duty of tl'.'^ ileturning Officer on re- ceiving the WritofEIcc tion. ■li: I'roclaruation. III . 'i lis form and ; 1 contents. ' i i •■ Postin^T up of ,; Pvoclauiation. "A 1 ' Place of Elcc 1 < r 1 I: ■* i , 1 ilour. '■■ PoUin? dayp. \ I I' 1 i llii: l!r| % 1 li \ 1 ' 1 ' 10 the Writ of Election, .shall for such refusal incur a penalty of fifty pounds currency of this Province, unless such person, not heing a Sheriff' or Registrar, and having a right to claim the exemption granted by the next precedirig section, shall in fact have claimed such exempt- ion within two days next after the receipt of such Writ of Election. IX. And be it enacted, That each Returning Officer shall, on receiving the Writ of Election, iortliwith endorse thereon thie date of its recep • tion ; and within eight days next after the day of such reception, he shall, by a Proclamation under his hand, issued in the English language in Upper Canada, and in the English and I^'rench languages in Lower Canada, and in the form A of the Schedule annexed to this Act, fix the place, day and hour, at which he will proceed to hold the Election ; and he shaU cause such Proclamation to be posted up, in the manner hereinafter prescribed, at least eight days before the day which by such Proclama- tion he shall have fixed for holding the said Election, which day so fixed shall be called the Nomination Day; and the place to be so fixed by the Returning Officer, shall be in the public place most central and most convenient for the gi'eat body of the Electors in the County, Riding, City or Town for which he shall then be acting as such Returning Officer, and the hour to be fixed shall be between eleven o'clock in the forenoon and two o'clock in the afternoon, of the day so by him fixed for opening such Election as aforesaid ; and in and by the Pro- clamation aforesaid, the Returning Officer shall also fix the day on which, in case a Poll be demanded and granted as liereinafter provided. SI tf o 1 •V? I' " li. 11 such refusal rreuey of this uot being a right to claim xt precediiig sucJi exempt- he receipt of cli Returning ; of Election, of its recep • after the day Proclamation ish language l^nglish and a, and in the to this Act, hich he will md he shaH osted up, in at least eight h Proclama- ng the said 3e called the > be so fixed n the public nient for the :he County, e shall then ler, and the even o'clock le afternoon, )ening such by the Pro- OfFicer shal 1 e a Poll be n* provided, such Poll sliall be opened, in conformity to tJiis Act, in each Parish, Township, or union of Townships or Ward, or part of a Parish or Township, (as the case may be), for taking and recordina; the Votes of the Electors accord- ing to law; if the Election be for a City or Town, lie shall cause the said Proclamation to be posted up, in Upper Canada, at the City or Town Hall and in some public place in each Ward of such City or Town, and, in Lower Canada, at the door of at least one Church or Chapel, or other place of Public Worship, and in some public place in each Ward of such City or Town; and if the Election be for a Coonty or Riding, he shall cause the said Pro- ciamation to be posted up, in Upper Canada, at the Town Hall where there is one, and in at least one otlier public place in each Town- ship or union of Townships of such County or Riding iii which such Election shall be held, and, in Lower Canada, at the door of at least one Church or Chapel, or other place of Pub- lic Worship, where tliere is one, and in at least one other public place in each Parish, Town- ship or extra-Parochial place in such County ; and if it shall happen that only part of any Parish, Township or extra-Parochial place in Lower Canada sliall be within such County, he shall cause the said Proclamation to be posted up in such part only, in the manner above prescribed ; and that neither the day of nomi- nation nor that of the posting of such Procla- mation, shall be included within the said eight days; and any Returning Officer who shall refosc or iieglect to cause such Proclamation to be posted up as above required, shall, for sufh neglect or refusal, incur a penalty of twenty-five pounds currency. Place of post' ing up Pro- clamation in Cities anoint an Elec- tion Clerk who shall be sworn, &c, Penr.Uy on persons ri' fu- sing to per- form tlic duty. 12 X. And be it enacted, That each Return in v Officer sliall, liefore the .said day by liim lixeJ for opening tlie Election, make and subscrib'- before a Justice of the Peace for tlie County or District in whicli lie resides, the Oatli nund)er One, in the Schedule to this Act annexed; and such Justice of the Peace shall, under a penalty of ten pounds currency, in case of refusal, deliver to him, under the hand of such Justice, and in the form B of the said Schedule, a certificate of his having taken the .said Oatli. which, together with the said certificate, shall be annexed to his Return to the Writ of Elec- tion; and any Returning Officer who shall refuse or neglect either to make and subscribe the said Oath, or to annex it with the said certificate to his Return, shall, for .such refusal or neglect, incur a penalty of ten pounds cur- rency. XI. And be it enacted, That each Returning Officer shall, before the day of nomination, appoint by a Commission under his hand, in the form C of the said Schedule, a fit and proper person to be his Election Clerk and to assist him in the performance of his duties as Returning Officer; and such Election Clerk shall make and subscribe, either before some Justice of the Peace for the County or District in which he resides, or before the said Return- ing Officer, the Oath number Two, in the said Schedule; and of his having taken .such 0per Canada, and hi the English and Frencli languagvs in Lower Canada, the Writ of EU^ction, and his Com- mission as Keturning Ofiicer when lie shall have been ap})ointed Returning 011ic(^r by Spe- cial Commission for such purpose, and shall then require the Electors there present to name the person or persons whom they wish to choose at the said Election to represent them in the said Legislative Assembly in obedience to the said Writ of Election ; and if the Can- didates or their respective Agents, and the Electors then and there present, upon a show of hands, agree in the choice to be so made of the person or persons to represent the said Electors as aforesaid, and if, after such show of hands, a Poll be not demanded in the man- ner hereinafter mentioned, the said Returning Officer sliall forthwith close the Election, and shall then and there openly proclaim the per- •son or persons so chosen, to be duly elected a Member or Members to represent in the Legis- lative Assembly, the County, Riding, City or Town for which such Election shall be had ; but if a Poll be demanded (and any Elector P in 81 'I' W •# I,'.' I 15 leli Kctiiming •luce by Iiin, the Election, shall be held that all the thereto), and M the English ( ■aiiada, arul r Canada, in re assembled n tlie form E uMi and then) liely, ill Iht; la, and in tlif < ill Lower ml his Com- 1011 he shall [}ic(^r by Spe- ^e, and ahall •sent to name ley wish to resejit them in obedience if the Can- its, and the upon a show c so made of nt the said r such show in the man- i Returniag Election, and lim the per- dy elected a n tlie Legis- ing, Cify or all be had; any Elector present or any Candidate, either in person or py )iis Agent, shall liave a right to demand a poll) then it shall be the duty of the Return- ing Officer, and he is hereby required to grant such Poll for takir)'^ md recording the Votes of the Electors in the manner prescribed by this Act ; and when at any such Election a Penalty for Poll shall be demanded as aibresaid, if the " po^,J^J?d"5 Returning Officer shall refuse or neglect to mandcd. grant the same, the Election shall be ipso facto null, and such Returning Officer shall, for such lefusal or neglect, incur ' a penalty of two hundred ])ounds currency. 4 XIII. And be it enacted. That when at any Election as aforesaid, a Poll shall have been demanded and granted in the manner prescribed by this Act, such Poll shall be opened and kept separately in eacli Parish, Township or imion of Townships, or Ward, or part of a Parish or Township (as the case may be) which shall lie within such County, Riding, City or Town, that is to say: in Upper Canada, in Counties and Ridings, in some building at or near the place where the last Township Meet- ing was held; and in Cities and Towns, at the ^ most convenient place in each Ward ; and in Lower Cjinada, at the most public and conve- nient place for the body of ilie Electors in such Parish, Township or Ward, or part of a Parish or Township, either in the open air or in some building close to the public highway; Provided that such building, whether in Upper or Lower Canada, be not a Tavern or place of public entertainment, and that there be free access . thereto to every Elector: And at such Election the Electors shall vote at the Polling place so opened and kept in the Parish or TowuL^hip or Proceedings when a Poll in demanded. 1 Tow and wlicrc Buch Poll sliull hv had. In U. C. in Counties. In Cities and Towns. In L. C. Proviso: no Poll to be at a Tavern, and free access to be alTorded. At what Pol- lin(r place each l'-^i XV. And be it (niaetec!, in and l)y the pre- sent Section, vvhieh shall have force and effect in Lower Canada only, Tlnit for the purpose of voting uiidor tlie pcovisions of this Act, th(( word " Parish " shall be understood wherever it occurs in this Act, to include any tract of land which at the date of the Writ of Election shall be generally reputed to form a Parish, Whether such tract have or have not been TTholly or in pait originally erected into a Parish, either by the Civil authorities or by a Decree of the Ecclesiastical authorities ; and when in any County there shall be an extra- pta.rochial place, every Elector qualified to vote at the Election upon property lying within the limits of such extra-parochial place, may vote at tha» one of the Polling places opened and kept as aforesaid in the said County, which shall appear to him most convenient : and when only part of any Parish or any tract of land reputed to be a Parish within the meaning of this Section, or of aiiy Township, shall lie within the County, no Polling place shall be opened within such part, unless there be therein at least one hundred proprietors of lands or tenements, qualified to vote at such prcdcnt for election pur- poucM though altered for (ithcrs. interpretation of tlin wonl Parisli as rc- (janls L. C, As lo ftitr&" parochial [iloccs. When part on- ly of a Parish lies within any County B I'lli ''k i HI t' ' Day of open- ing the Poll to 1)0 proclniinnl from tho IIus- tij)gi). i.-'i • 1 :( ' Delay between Elec- tion und i'oii. ^'[ , I 1 Ailjournmcnt of tlie Election until after tho PolJ. 18 Election ; iuul when any such part shall not be entitleil to liave a Polling j>lace, or where no Polling })lace .shall be therein opened and kept in eonlbrmity to tliis Act, any Elector qualified to vohr at the Election, upon any property lying within such j)art, may vote at such Election at that one of the Polling jdaces opened and kc^jt in the ssud County, which shall to hini a])])car most convenient. XVI. And be it enacted, That when at any such ]*]lection lor a County, Hiding, City or Town, a Poll shall have been demanded and grunted in the manner ])rovide(l by this Act, the Keturning Ollker innuculiately al'tcr having granted such Poll, and bel'on! iidjournlng his proceedings, shall publicly proclaim from the hustings tlie diiy previously lixcd in and by his first proclamation, and th(^ place at wliicli the Poll shall be so opened separately in each Parish, To\\nsljip or union ol' Townships, or Ward, or part oi'a Parish or Township (as the case may no) lor the piu'pose of then and tliere taking and recording the votes of the Electors according to law ; and tlie said Keturning Offi- cer shall allow at least six days and not more than ten to ela])se between the day so by him fixed as aforesaid lor opening the Election, and the day by him fixed for opening tlie Poll, at separate places as aforesaid ; and after having so })roclaimed irom the hustings the day and the places fixed for opening such Poll as aforesaid (which places shall be then by him specially designated and described), the Ke- turning Officer shall adjourn his proceedings in such Election to another certain day, which shall be called the Day of tlie Closing of the Election, and which shall be one of the ten -^ I 1!) art shall not cc, or where ojM'iuul and any Elector »!, upon any ituiy vote at 'oiling })lat'e8 innty, which lent. . wlien at any iding, City or leniandcd and hy this Act, y alter liaving idjonniing his liiini I'roni the in and by his at whicli the itely in each Fownships, or vnship (as the lien and tlicre f tlie Electors {etnrning Offi- and not more [lay so by him t]ic Election, Miing the Poll, d ; and after ? hustings the iing such Poll )e then by him bed), the Re- s proceedings lin day, which IJ losing of the JUG of the ten to lie riun- certain days next following tl'.ul which he sliall have previously iix«Hl as aforesaid Cor opening the Baid Piirate ])laces i»oi) -d.iys. as aforesaid, sluiU Jiol be a Sunday, Nc!W V'^ear'ij day, the r/pii)}iuiiy, the Amuniuiation, (Jood- Friday, tlu; Ascension, Ct>r/;/y.v C//r/,s//, .St. Peter aiul St. Paid's djiy, All Saints day, tlie Conception, or Christmas day; and thut such PoiiinrjdnyH day sludl he th(; same for each Parish, Town- l::^';^.!'!)^' ship or union of Townships, or Ward, or })art aion of the of a l*arish or Townshij) (as Die case may bo), &c""undto*bo and tlu^ Poll shall l)e oiu-iuhI and held on that two in number ay and the next lollownig day onl>, so that uvo, unless there bo two days polling in each Parish, i^„Sjl''[,i^ iTownship or union of Townshi})s, Ward, or lorvtnc. jpart of a Parish or 'J'ovvnship, (as the case may be) ; aiul sucli two days shall be two conse- cutive days, unless one of such days be a Sun- day or one ol'tlie holy-days hereinbefore men- tioned, in Wiiich case such Poll shall be opeiU'tl ,and hc;id on the next following day, in such ^^Inanner always that there may be in each iParish, Township or union of Townships, |Ward, or part of a Parish or Township, (as "the case may be), two days of polling for taking and recording the votes of the Electors according to law ; and during such two days Hours of of polling, the voting shall commence at Nine ^°^'"S' 'o'clock in the forenoon, and shall finish at Five in the afternoon of each of the said days. . XVIII. And be it enacted, That for the pur- ^ . j^^^ pose of taking the votes at any such Election turning Offi- as aforesaid, the Returning Officer shall, by a "'" *** ^^ "P" 4 b2 . ii'V. 20 i| I .,,; I Ifi llie PoUh. Tlicir Ualh d}scribe, either before a Justice of the Peace for the County or District in which he resides, or before the Returning Offi- cer, the Oath nunil)er Three in the said Sche- dule, of the taking of which Oath there shall be delivered to him by the Functionary before whom he shall have taken it, a Certificate under the hand of such Functionary in the form G of the said Schedule ; and any person so appointed a Deputy Returning Officer who shall refuse to accept the said office, or who after having accepted the same shall refuse or neglect either to take and subscribe the said Oath hereby required of him, or to perform the duties of a Deputy Returning Officer, shall for such neglect or refusal incur a penalty of Proviso: in u. Twenty -live pounds currency: Provided al- Officere "Jb? * ^^y^* ^^^^ ^^^® Returning Officer for every appointed Dc- County or Riding in Upper Canada shall, and Sg^OfficeS' ^^ ^^ hereby required to appoint as such his Deputy for each Township or union of Town- ships in which a Polling place is to be opened and kept according to law, the Town Clerk for the time being of such Township or union of Townships, and in case of the absence, sick- ness or death of any such Town Clerk, then he shall appoint as such his Deputy, as afore- Pcnulty for rc' fusing to pcr- ibna 'he dufv IIJI: ill the form Deputy Re- Township or or part of a ; may be), in opened and ty Returning h of certain and Quebec ch such De- bre acting as "ore a Justice ' District in turning Offi- le said Sche- i there shall onary before a Certificate y in the form y person so Officer who [fice, or who lall refuse or ibe the said r to perform Officer, shall a penalty of Provided al- jr for every ia shall, and i as such his )n of Town- to be opened Town Clerk hip or union bsence, sick- Clerk, then ty, as afore- 21 |fiaid, instead of such Town Clerk, the Assessor ;or Collector of such Township or union of Tovvnships ; and every Deputy Returning Officer, as well in Upper as in Lower Canada, shall, by a Commission under his hand, and in the form H of the said Schedide, a])point a -Poll Clerk to assist him in taking the Poll according to law ; and each Poll Clerk ap- pointed as aforesaid shall, before acting as such, take and subscribe, either before a Jus- tice of the Peace for tlie County or District in i^hich he resides, or before thtj Returning Offi- jCer, or such Deputy Returning Officer, the 'Oath number Four, in tlie said Schedule, of the taking of whicli OatJi there shall be de- livered to him, l)v the iMuictionary before ?|whom it shall have been taken, a C'ertilicate Hinder his hand, in tlie lorm .1 in the vsaid Schedule ; and any })prson so appointed a Poll dClerk who shall refuse to acccjit the said office, or who, after having accepted the same, shall refuse or neglect either to tak(! and subscribe 4he0ath hereby required of him, or to perlbrm the duties of a Poll CMerli, shall, for such ne- glect or refusal, incur a penalty ol Ten pounds ■currency ; Provided always, that it shall be jlawful for the Returning Officer to ajipoint in jthe manner above jvmvided, another person to ^be Deputy Retuniiiig Officer, wMien and so often as the case may require such appoint- ment, either by reason of the death, illness or absence of a De])uty Returning Officer pre- if^ viously appointed, or by reason of his refusal or : neglect to act in that ca}>acity, or otlunvvise ; and such new Deputy Returning Officer so ap- % pohited shall b(! liound to perform all the duties Deputy llt- turning Offi- cers to appoint. P..I1 Clerks. Duties of Polf Clerks— Oatb ol' Office, ^c Penally for refusing to perform the (lutv. Proviso : Another Do- fiuty Return- ing Officer may be ap- pointed in Ct^Y- taii) case?. Ilisdutie:?, fer:. ^ and obligations of the said office under the sauK f penalties, in case of refusal or neglect on his part, as are hereinabove imposed in like cases. 22 ,1 ! lis' Returning Officer to iti&ue his Warrant for holding the Polls, &c '0 each of h Deputies. Form of ['oil Book — return thereof, Sc. XIX. And be it enactet?, That tlic Returning Officer shall, by a Warrant under his hand, in the form K of the said Schedule, and addressed to any of the Deputy Returning Officers by him appointed as aforesaid, require each such Deputy Returning Officer to open and hold the Poll according to law, at the time and place by him fixed as hereinbefore provided and set forth in his said Warrant, in tlse Parish, Town- ship or union of Townships, or Ward, or part of a Parish or Township, (f c the case may be), for which su(th Deputy shall have been so appointed, and to take and record at such Poll, in a Book which sucli Deputy shall keep or cause to be kept for that purpose, in the form L of the said Schedule, the votes of the Elec- tors voting at tlie said Poll, and to return to liim the said Poll Book signed with his hand and sealed with his seal, oti or })efore the said day iixed by the Returning Officer for closing the Election. I I'l.i , ;!.ii!l i ". Mode of re- cording the votes in the Pol! Book. As to Electors riworn. XX. Aud be it enacted, That each Deputy Returning Officer shall, at the Polling place kept by liim in conformity to this Act, record or cause to be recorded in such Poll Book as aforesaid, and in tlie ordei' in which they shall have been given, the votes of the Electors voting at such Polling places, by entering therein the name, surname, legal addition and residence of each Elector so voting, and by sljewing by the insertion of the word " Pro- prietor," or tlie vvord "Tenant," in the said Poll Book, whether it be as a ]n'oprietor or as a tenant that such Elector claims the right of voting at such Poll ; and when any Elector shall have taken the oath required ol him by this Act, the Deputy Returning Officer shall 23 the Returning r his hand, in and addressed g Officers by lire each such I and hokl the nic and place )vided and set Parish, Town- Ward, or part case may be), liave been so [ at such PoU, shall keep or p, in the form 5 of (he Elec- 1 to return to tvitli his hand efore tlie said er for closing each Deputy Polling place is Act, record Poll Book as ich they shall the Electors by entering addition and •ting, and by word " Pro- ' in the said Dprietor or as 3 the right of any Elector sd of him by Officer shall m state in tl ■-; Poll Book, that such oath was taken by the Elector, by entering after the name of such Elector, in the column for oaths in the said Poll Book, the word "Sworn" to oath number (as the case may be), and nothing more. 1 XXI. And be it enacted, That each Poll Clerk shall, at the Polling place for which he shall have been appointed, aid and assist in the performance of the duties of his office, the Deputy Returning Officer appointed to open and keep the Poll at such place iri conformity to this Act, and shall obey the orders of the said Deputy Returning Officer ; and in case the Deputy Returning Officer should refuse or neglect to perform the duties of his office, or ,h\i become unable to perform them, either ^v death, illness, absence or otherwise, and if in any such case no other Deputy Returning Officer, duly appointed by the Returning Officer in the place of the former, shall appear at the Polling place, then such Poll Clerk is hereby required, (under the same penalties as are hereinbefore imposed in like cases on a Deputy Returning Officer), to act at such Poll as Deputy Returning Officer, and to perform all the duties and obligations of that office, (which he is hereby in such case authorized and required to do in the same manner as if he had been appointed Deputy Returning Officer by the Returning Officer, and without being bound to take any new oath lor that purpose) ; and whenever any Poll Clerk shall, in the case hereinbefore provided, act as Deputy Returning Officer, he sihall have power to appoint by a Commissioii under his hand, in the fonn H of the said Scliedule, another person as Poll Clerk, Duty of tho Poll Cleik. To perform the duty of Deputy Returning Officer in cer- tain cases. In such case, lie may appoin another PoU Clerk. ■'M r- ,1:).; li 111 I; ■'' «|!'i I! /' '1 4 ■ iijiil ) ,Jr ? hand in the form H of the said 8th(.'dule, anothei person as Clerk at the said Polling })lace, to aid and assist liim as aforesaid in the duties oi his office, and may administer to him llie oath required of a Poll Clerk by this Act. Poll Oierk to tako a certain oath before the Poll Book U returnet). And also ihc Deputy Rc« turninf OfiTi- eer. XXII. And be it enacted. That every Poll Clerk shall, after the closing of the Poll at which he shall have acted as such, but before the Deputy Returning Officer who shall have kept the same shall have returned the Poll Book to the Returning Officer, as herein re- quired, make and sid)scribe, either before t. Justice of the Peace for the County or District in which he resides, or before the said Deputy Returning Officer, or ])efore the Returning Officer liimself, the oath in the form M of the said Schedule, which oath shall thereafter be annexed to the said Poll Book; and that the Deputy iletui'iiing Officer who shall have kept and closed the Poll shall, before returning the Poll Book as aforesaid to the Returning Officer, make and subscribe, either before a Justice ot M -a,.^ ■ iffai m 25 id in the per- office, and to Jith required of the Poll Clerk th this section obligations to lied PoU Clerk r himself; and. ^pointed under hall refuse or < such, or shall ther by death, ^ the Deputy (.'lerk he was, mder hi.: hami cdule, another liing place, to n the duties of ) liini the oath ! Act. uit eveiy Poll 3f the Poll at ch, but beforti ho shall have rned the Poll as herein re- tlier before t, iiy or District e said Deputy lie Returning )rni M of the thereafter be and that the all ha^e kept returning the niing Oificer, e a Justice ot ihe Peace lor the County or District where he Resides, or before tlie said Returning Officer, file oath in tlie form N. of the said Schedule, jvhich oath shall thereafter be annexed to the ,)9aid PoU 13ook; and the Deputy Returning Officer shall then return the Poll Book to the Returning Officer on or before the day fixed in the manner above prescribed for closing the election; and any Deputy Rettirning Officer or Poll Clei'k wlio shall refuse or neglect to per- form any of the obligations or formalities required of him by this section, shall, for each ^uch refusal or neglect, incur the ptnalty Jlereinafter mentioned, that is to say : any jjJDeputy Returning Officer, a penalty of fifty ?^ounds currency; and any Poll Clerk, a penalty ijOf twenty pounds currency. . I.- XXIII. And be it enacted, Tiiat on the da)' so fixed as aforesaid by the Return itig Officer" for closing the J*] lection, the said Returning Officer shall proceed at the appointed hour to the same ])lace at wliich he shall have opened the Election and granted a Poll as aforesaid ; and lie shall then and there, in the presence of the electors assembled, proceed to ascertain tlie ^ state of the General Poll at the Election, by i counting and adding up from each Poll Rook I the total number of votes taken and rejcorded ' at the Election in the whole County, Riding, City or Town, for which the Election shall have been had ; and as soon as he. shall have |., so ascertained the total number of votes, he shall then and there openly proclaim, as being duly elected a Member or Meinlrers to repre- sent such ('ounty, Riding, City or Tovvii in the said Legislative Assembly, the person or per- I sons who shall have a majority of the total When ih.' Poll Book sliall be re- lumed, and to whom. Penalties I'or non coinpli- nnco witn this "^oction. Proccedij);:H on the day ap- pointed for closing the HIcction. Counting the Votes. ProcIaiiKUion of the person elected. ,*!*»■ 26 U\^'i \ mm ; iifef ! ,,; !. 'ill H v\i M\ Proviso : it' a'." Poll Be have n» ^ n rc« tUl./.Oo. Proceedings to In be adjourn* ei until all the Poll Books shall be re- turned. Proviso : rea- son of adjourn- ment to be pro- claim^jd. Proviso ; Adjournment over any Suu' day or Holy- day. number of votes so counted and added i;p which shall have been taken and recorded according to law in all the Pari'^hes, or Town- ships or unions of Townships, or Wards, or parts of Parishes or Townships, (as the case may be), in such County, Riding, City or Town; Provided always, that the Returning Officer shall not in any case proclaim any such person or persons duly elected, unless all the Poll Books shall have been returned to him by all his Deputy Returning Officers. XXIV. And be it enacted, That if on the day hxed by the Returning Othcer for closing the election, it should liappen that one or more of the Poll Books shall not have been returned by the Deputy Returning Officer or Officers, and it should consequently becotne impossible for him to ascertain the total munber of votes as required by the next preceding section of this Act, then such Returning Officer, instead of proceeding on the said day to examine the Poll Books Avhich shall have been previously returned to him, shall again adjourn the pvoceedings of the Election to the following day, and so from day to day until all the said Poll Books shall have been returned to him ; Provided alv/ays. That in proclaiming such adjournment he shall pub- licly assign the reason thereof, and shall in no case continue the said adjournment to so late a day as to prevent his returning the Writ of Election on the day appointed for that purpose ; and provided also, that he shall in no case adjourn such proceedings to a Sunday or to any of the Holy-days hereinbefore mentioned, but if the case shall occur, he shall adjourn the proceedings to the day next after such Sunday or Holy-day. m %' w d added up nd recorded es, or Towib )r Wards, or (as the case mg, City or le Returning aim any such inless all the irned to him ers. if on the day ' closing the e or more of I returned by fficers, and it 5.sible for him i's as required his Act, then f proceeding Poll Books { returned to edings of the so from day ^s shall have ilv/ays, That 10 shall pub- 1 shall in no ; to so late a the Writ of lat purpose ; in no case uiday or to mentioned, all adjourn after such 27 XXV. And be it enacted, That immediately indenture u fl(fter any Election shall be closed, by the Pro; ^j^ne^J^' ^lamalion to be made by the Returning Officer, returned wuh in manner aforesaid, of the person or persons ^''® ^"'' duly elected as aforesaid, the Returning Officer shall forthwith execute under his hand and seal, and the hands and seals of at least three Electors, an Indenture of the Election in the form O of the said Schedule ; and such Inden- ture shall be in duplicate or in triplicate, as the case may require, and one copy shall be delivered by the Returning Officer to each person so elected, and the Returning Officer shall transmit one copy thereof to the Clerk of the Crown in Chancery, with the return of ,the Writ of Election. XXVJ. And be it enacted, Tliat when any Proceedings in Poll Book of any such Election shall be stolen Bwk^sKiiibe or taken from its lawful place of deposit for stolen, lost or the time being, or shall have been lost or des- trnyetl, or shall have been otherwise placed beyond the reach of the Deputy Returning Officer, to whom the custody of such Poll Book for the time being belonged at any time before he shall liave made his return of the same to the Returning Officer, it shall be the duty of such Deputy Returning Officer, and he is hereby required to attend personally on the Returning Officer, and report to him the fact of such loss of the said Poll Book, find it shall be also the duty of the Poll Clerk of such De- puty Returning Officer, so soon as he shall have been informed of such loss personally or ' by letter, either hy or from such Deputy Re- turning Officer, or the Returning Officer him- self, or shall have had other good reasons for li believing that such loss had occurred, forth- l!!l ' 28 i i 1 11 lii Uxamiuation of Deputy Re- turning O ni- cer nnd Poll Clork, &c. runishmcnt of Deputy Ro turninp OHice: or Poll Clerk icfusinjT to nt- tend or be Bwoin. with to attend personally on such Returning Officer, and it shall be the duty of sucli Returning OlFicer to examine sueli Deputy Returning Officer and Poll Clerk upon oath or affirmation, as the occasion may require, as to such loss of the said Poll Book and tlie con- tents thereof, whicli examination shall be take)! down by bim in writing, and subscribed by sueli Deputy Returning Officer and Poll Clerk, and annexed to the Return in lieu of such Poll Book ; and the number of votes that the said Returning Officer shall by this means find to have been recorded in sucli Poll Book for eacl Candidate at such Election, shall be included in his summing uj) of the Votes of such Elec- tion, as if the same had been taken from such Poll Book ; Provided id ways, nevertheless, tliat if either the De})v :y Returning Officer or the Poll Clerk shall ojuit o attend on such Returning Officer as hereby required of them, or shall refuse to be sworn or affirmed by such Returning Officer as aforesaid, they shall be each subject to a Penalty of Fifty Pounds and in the ease of s.ich refusal to be sworn or affirmed as aforesaid, shall and may be com- mitted by the said Returning Officer to the common Gaol of the County or District, until thence discharged by an order of tlie said Le- gislative Assembly in (hat behalf. , % M VcidTnm'T XXVIl. And be it enacted. That it shall be Officer to'havo tlie duty of cacli Returning Officer to make or copies ac ^.j^^^^ ^^ |^p made exact copies of all the Poll Books which shall have ])een returned to him by his several Deputies, and within ten days after the closing of tlie Election, to deposit such copies didy certified by him in the Office of the Registrar of Deeds and Titles for that copies Poll Books made, and de- posit the eame 'VJ ^*1 29 oil Returning ^^iy of such sucli Deput) upon oatli or require, as to and the con- shall be take)! ;ubscribecl bv id Poll Clerk. I of 'such Poll that the said means find to Book for eacli I be included oi such Elec- ^en from such nevertheless, ing Officer or tend on such ired of tliem. irmed by such they shall be y Pounds and be sworn or may be com- Xficer to the District, until ' tlie said Le- uit it shall be r to make or all the Poll urned to him bin ten days 1, to deposit in the Office ties for that To bo open to the public. Fco, Originals to b^ returned with tho Writ of KIcction, Tiiea- fclTcct Vi evidtn"?- County, or part of a County within which the place where the nomination of the Candidates al such Election shall luive bt3en inade, is aituate ; and the said Registrar shall be bound to allow inspection thereof to any person who may demand the same on payment of a fee of one shilling currency ; and to allow sucli per- son to take copy ot the same ut his own expense ; and it sliall also be the duly of the Retui'iiing Officer then to trtHismit the orignals of the saitl Poll Books Avitli the Writ of Election and his return theroupon, to tho Clerk (rf the Crown in Chancery, within fiftf^en days after tlie chjsing of the Election ; and the said Ofiginal Poll Hooks, with tho affidavits and eertilicates hereinal)ovo required, shall in all cases be primd fwir evidence of tin; truth of tlie allegations theiein contained. XXVIII. And be it enacted, Thai }erson who, at any lime, either during the Election or before tlie ICIectiosi. shall be employed at the said Election or in reference thereto, or for the j)urj)ose oi lor- warding the same by any Canditate or by any person whomsoever, as Counsel, Agent, At- torney or Clerk, at any jmlling place at siitli Election, or in any other capacity whatever, and who sliall have received or expect to receive, either before, dui'ing or after the said Election, from any C/'andidato or from an} person whomsoever, for acting in any sucli ca})acity as aforesaid, any sum of money, fee. office, place or employment, or any promise, pledge or security whatever, for any sum ol money, fee, office, place or employment, shall he deemed incompetent to vole at such I'^icc- tion, and his vott^ if given, .>. ^^ fourteenth year of His Majesty's Jieign, inti- ' '" ' tuled, 'An Act for making more efTectvial pro- * vision for the Government of the Piovincc of * Quebec in North Ameri< a, and to make further •provision for the Cjoveriiment of the said Pro- * vince,' " to forty shillings sterling) or u])\vards over and above all annual rents, whether ground rents (rentes fonritrcs) or constituted rents (rentes cornet it i"'es) or any other rents and charges payable out of or in respect of the Puringwhat same, nor unless such iierson be at the time of lieatior'rn?u?t'^' giving his vote at such Election, and shall ''five been have been in actual and uninterrnjUed posses- ^''^^^^^^ • fiioii of such lands or tenements, or in the receipt of the rents ;ind profit-; thereof us j)ro- prietor as aforesaid, by virtue of and under some such title as aforesaid, for his own use and benefit, during at least six calendar months next before the date of the Writ of Election, upless the same sliall liavc come to him by descent or inheritance, or by devise, marriage or contract of marriage, or unless the Deed of Excepiioa. CoMve}'aii e or Patent from the Crown under which he claims to hold such Estate in ITpper Canada, shall have been registered tliree calen- dar months ])efore the date of such Writ of Election : Provided always, that any Deed or instrument in writing containing a promise of sale (iwomease de rente) in flivor of any person claiming to vote at any such Election, and ■1% *l It fn 32 being in possession of the property mentioned in such l)eecl or Instrument in writing, or in (avor of any otlier person or persons through whom he hohln, shall, in Lower Canada, be considered for the purposes of this Act as a legal title vesting such }»roperty in the person ProvHo. so claiming to vote ; Provided nevertheless, (hat every sucli Deed or Instrument, not being a notarial I)c(hI or Instrument, shall liave been enreoiistcred at least twidve months before such Election : And ])rovided also, tliat no person shall be entithd to vote in Upper Canada at any such Election as aforc'said bv virtue of any Conveyance made to his wife after mar- riage imless such Conveyance shall have been registered lor three calendar nu)iilhs as afore- said, or such person shall hnve been in pos- session of tlie Lands and 'renemenls men- Honed in sucli Deed for six calendar n»onlhs next before the date of the Writ of Election. uuauiicaiion XWt. And bc it euacted, Tliat no person .^Electors in shall he entitled to vote as proprietor at any Towns, as such Elcction, for any City or Town in this proprietor-. Province, unless at the time of giving his vote at such Election he shall be possessed for his own use and benefit as proprietor, by virtue of some legal title vesting such property in him, either in Fee Simple or in Freehold under the tenure of free and common soccage, or in /iV/", or in roturCi or in franc-alleUf or by virtue of a certificate derived under the authority of the Governor and Council of the late Province of Quebec, or by v ;f tue of any Act or Acts of the Legislature of either the late Province of Upper or Lower Canada, or of the Legislature of Canada, of a lot of ground with a dwelling house thereon, lying and being within the 38 limits of such City or Town or the liberties thereof, such lot aud dwclliug house l)eing of the yearly value of five pouuds, eleven shil- lings, one penny and one farthing currency of this Province, (equal, iit the time of th(; passing of the Imperial Act last above cited, to Five Pounds sterling) or u{) wards, over and above all annual rents, wliethcr ground rents {renU'n foncicres) or constituted rents {rentes romtitticea) or any other rents and cliarges payable out of or in respect of the same, nor During wiut unless such person be at the time of giving his fi!"uo.'i"a?u »*'' vote at sucli Election, and shall have bee i in have been actual and uninterrupted possession of such lot and dwelling house, or in the receipt of the rents and prolits thereof, as proprietor as aforesaid, by virtue ol and under some such title as aforesaid, tor his own use and benefit, during at least six calendar montiis next before the date of the Writ ol' Ki(?ction, unless such lot and dwelling house shall liave come to him by descent or inheritance, or devise, marriage or contract of marriage, or unless the deed of conveyance or patent from the Crown, under which he claims to hold such estate in Upper Canada, shall have been registered three calen- dar months before the date of such Writ of Election ; Provided always, that any Deed or Proviso. Instrument in writing containing a p! -^mise of sale ipromessc fie rente) in favour ol .•)/ per- son claiming to vote at any such Election, and being in possession of the property mentioned in such Deed or Instrument in writing, or in favour of any other person or persons through whom he holds, shall, in Lower Canada, be considered for the purposes of tliis Act as a legal title, vesting such property in the person so claiming to vote; Provided, nevertheless, c 34 : 1^ ][ •''■■'■M i4|i lU u- Proviso. iixccr'tion. that every such Deed or Iiistmment, not being a Notarial Deed or Instrument, shall have been enregistered at least twelve months before such Election ; And provided also, that no person shall be entitled to vote in Upper Canada at any such Election as aforesaid by virtue of any Conveyance made to his wife after mar- riage, unless such Conveyance shall have been registered for three calendar months as afore- said, or such person shall have been in posses- sion of the lands and tenements mentioned in such Deed for six calendar months next before the date of the Writ of Election. XXXII. Provided always, and it is hereby declared and enacted by the authority aforesaid, That every such person being otherwise duly qualified in that behalf to vote as proprietor as aforesaid, is and shall be entitled to vote at any sucli Election upon or in respect of any such lot and dwelling house, whether such dwelling house shall have been erected uj)on the said lot by himself or those mider whom he claims, or by any tenant or tenants holding under build- ing or other leases, or by any other person or persons whomsoever, and wliether there shall be or shall not be any subsisting covenant, contract or agreement between landlord and tenant, either in such lease or separate from it, for the removal of any such dwelling house from such lot during or at the end of any term of years for which it may be let, or for any allowance in money or otherwise in lieu of such removal. Ciuaiiar,a.tbn XXXIII. And be it cuactcd. That no person ofEiectors in .shall be entitled to vote as a Tenant at any Towns^as such Elcctiou for any City or Town in this Tonama. Province, unless at the time of giving his vote Pfopiietors of dwelling hou- ses not to be disqualified by certain circum- stances or agreements respecting the i?ame. being ' been such 85 at such Election he .sliall reside as a Tenant within the limits of such City or Town, or of the liberties thereof, nor unless he shall have so resided as a Tenant during the period of twelve calendar months next before the date of the Writ of Election, nor unless he shall, during the same period, as such Tenant, and as a separate Tenant, have occnpied and shall occupy at the time he shall give his vote at such Election, by actual residence therein, {ai y tenant feu ft lieu) a dwelling house or dwelling houses, or part or parts of a dwelling house ov dwelling houses, lying aiul being within the limits of such City or Town, or of the liberties thereof, nor unless he shall have really and bond fide [)aid one year's rent for such dwelling house or dwelling houses, or part or parts of a dwelling house or dwelling houses, at the rate of eleven poimds two shillings and two pence half penny currency, (equal at the time of the passing of the Imperial Act last above cited, to Ten pounds sterling) or upwards, a year; Provided always, that the year's rent so re- quired to be paid to entitle such tenant to vote at any such Election, shall be the year's rent up to the last yearly, half yearly, quarterly or other day of payment (as the case may be) of such rent, which shall have occurred next before the date of the said Writ of Election ; And provided also, that whenever such annual rent shall exceed the said sum of Eleven pounds, two shillings and two pence half penny currency, then, in every such case, pay- ment of Eleven pounds two shillings and two pence half penny currency, shall be deemed and taken to be a payment of rent within the requirements of this section ; And provided also, that any person who shall only hold and c2 k f: One years! Rent must have been pa ill. Proviso; what sliall be Buch year's Rent , Provide : Payment of £11 26 2i(J, to be sufficierJ Proviso 06 to occupiers of buikiings a«) I 36 M i i J )i beuig dneiimg occupy witliiii the limits of such City or Town howsc-. Qj. the liberties thereof, a shop, a counting house, office or other place of business, and who shall not live and have his actual resi- dence therein {n^y ticnclra pas feu ct lieu), shall not be entitled to vote at such Election ; Proviso as to And provided also, that a change of residence in deSf '^''''" ^"y s»ch City or Town, or the liberties thereof, shall not in any case deprive any such Tenant of his right to vote at any such Election, pro- vided he be in all other respects qualified to vote tliereat ; and in case such change of resi- dence being from one Ward to another, he shall vote only at the Polling place opened and kept in the Ward within the limits whereof he shall reside on the day when he shall vote at such Election. Tcniiits not to XXXIV. Provided always, and it is hereby be disqualified declared and enacted by the authority aforesaid, uv certain cir* . . . *^ •/ ' cumstances or That cvcry such pcrsou being otherwise duly KeHwcN qualified in that behalf to vote as tenant as ling housei=:. aforesaid, is and shall be entitled to vote at any such election upon or in respect of any such dwelling house, whether such dwelling house shall have been erected upon the lot of ground on which the same shall stand, by himself or those under whom he claims, or by any other person or persons whomsoever, and whether there shall or shall not be any sub- sisting covenant, contract or agreement be- tween landlord and tenant, either in the lease under which he shall hold or separate from it, for the removal of any such dwelling house from such lot during or at the end of any term of years for which the same may be let, or for any allowance in money or otherwise in lieu of such removal. 37 ^'.v own XXXV. And be it enacted, That any person who, l)eing in the Civil or Military Service of Her Majesty, or of any Corporation, or Incor- porated Society or Company, shall occupy within the limits of such CUty or Town, or the liberties thereof, any dwelling house or part of a dwelling house, which shall belong to the Crown or to any Department of Her Majesty's Government, or to such Corporation, Society or Company, or which shall have been provi- ded for such person in any manner wliatever by the Crown or any Department of Her Majesty's Government, or by such Corporation, Society or Company, whether it be or be not reckoned as part of the salary, wages or pay, which such person, by reason of such service, shall be entitled to receive or shall receive from the Crow/., or any Department of Her Majesty's Government, or from such Cor})o- ration. Society or Company, shall not be entitled, by reason of his occupying any such dwelling house or part of a dwelling house, to vote at such Election, whatever be the amount of the rent or the value of the occupation {Ja valevr da loyer) of such dwelling house or part JO a dwelling house so occupied by such per- son, and whether he do or do not actually live and have his residence therein, (v/ tiennc ou non feu et lieu) unless such party shall have contracted to pay, and shal I bona fide have paid one year's rent for such dwelling ]\ousc as aforesaid. Occupicr.5 of (Iwpllings pro* vidcd for tliem by Her Maje*> ty, Govern- ment Depart- ments, Corpo- ration?, »Stc,j • not to be thorcbv qunli- ficd. ■ Excoption^ \:* XXXVI. And be it enacted, That whenever .As to land.-; at any such Election for a County or Riding, S'j^^y' any person shall claim the right of votir,g as and partly the proprietor of any lands or tenements which ^^'"»»n^"<'t'^«^' lie partly within such County or Riding and 38 1 1 !r«,ir w- i'"^r' m In^ And as t'.i lands partly within one polling {ilace and partly partly within another, the part thereof lying within the County or Hiding for which the election shall be had, .shall be held to be lands or tenements within the meaning of the thirtieth section of this Act, and such person may accordingly vote at such Election, pro- vided he be y\\ all other respects duly qualified so to do witiiiii the intent of the said thirtieth section; ;rid vhen any lands or tenements, although Wiiolly within the same County or Riding, shall nevertheless lie partly within the T^ithmaVjothcr. limits of ouc of the Polling places opened and kept in such County or Riding, and partly within the limits of another of the said Polling places, the person who shall be entitled to vote as the proprietor of such lands or tene- ments may vote at either of the said Polling ))laces at his discretion. XXXVII. And be it enacted, That when- ever at any such Election for any City or Town in this Province, any person shall claim the right of voting under the provisions of the thirty-iirst section of this Act, as the proprietor of a lot of ground lying partly within and partly without the limits of such City or Town, or the liberties thereof, sucli person shall not be entitled to vote at such Election upon the said lot of ground, unless the dwelling house erected on such lot shall be wholly upon that part thereof which shall lie within the said limits, nor unless such person be in all other lespccts duly qiialiiied within the meaning ot Vhe said thirty-lirst section, to vote at such Election. As to lands XXXVIII. And be it enacted, in and by the &C,, in L. c present section which shall have ibrce and pem)a"s"h!ur f ffect in Lowcr Canada only, That whenever As to lands imrtly within and partly without uny Citv or To-\vn 39 m the be f'the any person shall have the mere riglit ol' pro- have tiie right perty in any lands or tenements in a Connty, ^nSX^^ or in any lot of ground liaving a dwelling usufructuary house thereon in any City or Town, and some ^"J">''"^"'' other person shall have the usufructuary enjoyment (la joumancc it riisyfriiit) of the same for his own use and benefit, the person who shall have the mere right of property therein shall not have the right of voting upon such lands or tenements, or lot of ground, at any such Election; but in such case such usufructuary ( mu fruitier ) shall alone be entitled to vote at such Election upon such lands or tenements. s m XXXIX. And be it enacted, That whenever joint tenant the riffht of piopertv in any lands or tenements or tenants t^ 4 o- 1- • 1 ^ common, may m any County or Hiding, or in any lot of vote. ground having a dwelling house thereon in any City or Town, sliall l>e vested undividedly [par indiuis), whether as joint tenants or tenants in common, hi any two or more per- sons, each ot such persons shall have the right of voting at any such election upon his undi- vided part or share of such property ; Provided Proviso. always, that such part or share be of the yearly Each undivi- 1 i> J 1 J 'T^ 1 r* 1 "ii' GGil part lUUSt value ot dt least i wo pounds lour shillings be of the pro- and five pence and one farthing currency, as 1*"^ ^''*'"®' required by the thi"tieth section of this Act, if such lands or tenements be situate in any County or Hiding, or of the yearly value of at least Five Founds, eleven shillings and one penny and one iarlhing currency, as required by tiie thirty-Iirst section, if such lands or tenements be situate in any of the Cities or Towns aforesaid, over and above all annual rents, whether ground rents ( rentes foncitres) or constituted rents {rentes constittiCes) or any I "A '.V w I I' 1? 10 I \\ !*ir other rents nd charges payable out of or in respect ot' siu;h part or share, and not other- Sharehoidera wise ; but Avljeuevcr auy such lands or tene- ;"i"rJ!fJ?/'^ ments shall be vested in any Incorporated companies or ' cf - j. i* xu i societies, ex- Compauy or society, no one ot the shaie- hoMers or partners in sucli Company or r^ociet} shall in any ( ase be entitled to votf u]v;;^i such property at any such Election. ccpteJ. Votes objected to, how to be distinguished ixi tho Poll Situation ol the property voted upon, )nay be asked of any voter. XL. And bo it enacted, That in every case where the vote of any jx* .son shall be objected to by any Candidate or his Agent, the Deputy Returning Officer shall eii1(;r the objection in his Poll Tiook by writing or causin'^; to -^e written after the name of the voter. In tiie olumn for objections, the words "objected to" Oiiiy, (htutioning at the same tisue by which Canwer lada, '^oter be an vote be in any .such case taken and recorded, PenaUy for r*. it shall be ipso facto null and void, and the ''"''^J"^ ^'^*^'' Deputy Returning Officer shall, for having taken and recorded the same, or for having caused it to be taken and recorded in his said Poll Book, incur a penalty of Ten pounds currency. XLII. And be it enacted, That no person None but shall be entitled to vote at any such Election, rSus^S^' unless at the time M' his voting at such Elec- ^o**^* tion he shall be a British subject by birth or naturalization, and shall have attained the full age of twenty-one years, and in case any ques- tion shall arise when any person shall offer himself to vote at any Polling Place, as to such person being at the time a British subject by birth or naturalization, such j)erson shall be allowed to prove the same b^ the production of a lawful certificate of his naturalization, or at his option by taking the oath or affirmation nmnber nineteen in the Schedule hereunto annexed, which the Deputy Returning Officer shall, if requested, administer to him. XLIII. And be it enacted. That every Deputy Returning Officer at any Election for a Member or Members to represent the People of this Province in Provincial Parliament shall, during the period that his authority as such Deputy shall contiime, be and he is hereby authorized and empowered to admin- ister the oath or affirmation of allegiance to any person or persons who, under the authority of any Act or Acts either of the Parliament of this Province, or of either of the late Pro- vinces of Lower or Upper Canada, w^ould, upon taking such oath or affirmation, become entitled to the privileges of British Birth in this Pro- Evcry Deputy Returning Officer may administer the oath of alle- giance to any person who needs only such oath (o become a sub- ject by natural- ization, 14 M •it I! Penalty on unqualified person?! voting. viiice witlioiu rurthor losidenre tlierein, ov other fonriality than the taking snoh oath or affirmation ; which oath or affirmation so taken before such Deputy Returning Officer shall to all intents and purposes whatsoever have a like effect upon the civil and political rights of the party taking the same as if such oath or affir- mation had been administered by any Commis- sioner or other Public Officer directed by such Acts or any of them. XLI V. And be it enacted, That any person who shall have wilfully voted at any such Election, witliout having, at the time of his so voting, all the qualifications required by law for entitling him so to vote at such Election, knowing at the time that he was not so entitled, shall for so doing incur a penalty of Ten pounds currency, and his vote shall moreover be null and void ; and in any action or prose- cution brought or instituted as hereinafter provided against any such person for the recovery of the said penalty, the burden of the proof of such person having, at the time of his so voting at such Election, all the said qualifications, or for believing so, shall fall upon him and not upon the party bringing or instituting such taction or prosecution ; and any person who shall vote inore than once at the same Election shall for so doing incur a like penalty of Ten pounds currency, and every vote he shall have given subsequently to his first vote shall be iiul] and void. Penalty foi XLV. And be it enacted. That if any lands ii^.y.'^'i^^"^'^ or tenements shall he transferred or conveyed conveying . J lands in order to any pcrsou, hy auj title or mstmment what- * ""*- soever, fraudulently, and for the purpose of giving him the qualification requisite to enable Proof of quiAl- iication to lie an the per^^on vgtinp. Penalty for voting more than once at the same eloc» tlon. to give a vote. 45 in, or ith or taken iail to a like of (ho affir- nmis- such him to vote at any Election, aii'l if .such person shall vote at such Election up sucli lands or tenements, his vote shall ])e void, and lie shall moreover incur a penalty of twenty-five ponnds currency; and nevertheless such transfer or conveyance, notwithstanding any agreement to annnl or revoke the ."^aine, or to reconvey such lands or tenements, shall he valid and shall transfer such lands or tenements out of and from the person who shall have so transferred or conveyed the same, and shall vest them in the person to whom they shall have been so transferred or conveyed, to all intents and i)ur- poses whatsoever ; and every such agreement to annul or revoke any such traiisfer or con- veyance, or to reconvey sucli lands or tene- ments, whether such agreement have been made with the person so transferring or conveying, or with the person to whom such lands or tenements are so transferred or conveyed, or with any person or persons acting for them or on their hehalf, shall he null and void to all intents and purposes whatsoever. XL VI. And be it declared and tmacted, That no woman is or shall be entitled to vote at any such Election, whether for any County or Riding, City or Town. XLVII. And be it enacted, That whenever any Elector shall not understand the English language, or the French language, or shal^ understand neither of the said languages, it shall be lawful for any Deputy Returning Oflicer to niake use of an Interpreter to trans- late any Oath or Affirmation which shall be required of such Elector, as well as the ques- tions which shall be put to him and his answers ; and such Interpreter shall take before the said But thfc con- veyance sh'ill be vali'I. Any agree- liiciit to the contrary not* ^vilhitimdin^ Iso ivouan shall vote. Inttrprijlci' may be cn- ploycd and sworn, in cci- ii\in case?. 46 His oath. Tlecital. Union Ac I cited. Section 38. Deputy Returning Officer the Oatli, o«* 'f li^ 1m^ one of the persons permitted by law » ittfirni in civil caseH, the Affirmation following : " I swenr (or alVirm) that I will laithfully translate such " oaths, declaration-.', aflirmntions, questions anil answers as " the Deputy Returning Orticer shall require me to translate " at this Election. So help ine God." XLVIII. And whereas by the twenty-eighth Section of the said Act of tlie Parliament oi' the United Kingdom of Great Britain and Ireland, intituled, " An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," it is eiuicted, " That every Candidate at such Election, before " he shall be capable of being elected, shall, if " required by any other Candidate, or by any " Elector, or by the Hetnrniiig Officer, make " the following declaration : " I, A. B., do declare and testify that I am duly seized " at law or in equity, as of freehold, for my own use and " benefit, of lands or tenements held in free and common " Boccage, (or duly seized or possessed for my own use and " benefit of lands or tenements held in fief, or in roture, as " the case may be) in the Province of Canada, of the value " of Five Hundred Pounds, of sterling money of Great " Britain, over and above all rents, mortgnges, charges and " incumbrances charged upon or due and payable out of or " affecting the same, and that I have not collusively or ■ " colourahly obtained a title to or become possessed of the " said lands and tenements or any part thereof, for the *' purpose of qualifying or enabling me to be returned a " Member oi the Legislative Assembly of the Province of » Canada :" Be it therefore decUirod and enacted, Tliat every such Candidate, wlien he shall be per- sonally required as aforesaid to make the said Candidate to add to his de- claration under the said Sec- cription of the declaration, shall, before he shall be elected as property for- aforcsaid, givc and insert at the foot of the Stfon?**"^** declaration hereinabove required of him as aforesaid, a correct description of the lands or tenemel to be qi) and of diatclyl last w( words or tenj insert persoit lands knowi ment or boi deenu being pains on pel XI lawfu becor make date with( such prec< tion all i and ther sucl req' did Off net sai ^ hii Ci 47 \i' li^ ho >'0 8Uc/» fsw'era as [translate lent of n and te tljo 'h and acted, H'fbre lall, if •y any make .' seizcii use and omnioii use and 'ure, as 5 value Great pa and t of or e\y or of the !ir the ned a ice of riiat per- said I as the as I or tenements aforesaid on whidi he shall claim to be qualified according to law to be so elected, and of their local situation, by adding imme- diately after the word "Canada," (which is the last word in the said declaration) the following words: "And I furtlier declare that the lands Form of such or tenements aforesaid consist of, &c." {here "^'''''<"'' insert the description ahnir required) ; and any wiiiuiiy fajso person who, in giving tlie description of such «'at 48 11 tl il^ Whtn it may be made if rci tody of ns, for deem rl) the ]'t rsoii under od not ion or hether shall >enalty )t' five lat no liall in rested, Ti any eeoiYif' le con- af this lisition by his s, any Officer n suoli ]| and cer or ^art of all be or on be to ^^iiand r, an}' vords, h any ' such person shall ]\ave in liis iiands or personal possession ; and every such person, who, u})on such demand, shall decline or refuse to deliver up to such Returning Ofiicer or Deputy Keturn- ing Oihcor, any such offensive weapon as afore- said, sliall l)e deemed guilty of a misdemeanor, punishable by line not exceeding live ])ouiuls, currency, or imprisonment not exceeding three calendar months, or by both, in the discretion of the Court whose duty it shall be to pass the sentence of the law upon such person u])on his conviction. LIll. And be it ciiacted. That evei'y jKrsoii who shall Ire cojivicltd of a battery committed during any part of the days whereon any such ]^]lection shall be to be begun, hoiden, or pro- ceeded with, or on which any Poll for such Election shall be to be begun, hoiden, or pro- ceeded with, within the distance of two mile^ of ilic })Iace where such Election or such Poll shall be to bo begun, hoiden, or proceeded with, shall be deoried guilty of an aggravated assa'.dt, and sliall be punislied accordingly. LIV. And be it enacted, That it shall not be lawful for any Candidate at any Eire ion, directly or indirectly, to employ any means of corruption, ])y giving any sunj of nwney, office, j/lace, employment, gratuity, reward, or any bond, bill, or note or conveyance oi land, or any promis(^ of tjie same, or to threaten any Elector of losing any office, salary, incoiue. or advantiige, either by himself or his authorized Agent for that purpose, with the intent to corru])t or lu'ibe any Elector to vole for sn
  • e!i and siipport, or cause to be opened and sup- Penalt)' loK nfusinsf to surrender ttc same. Certain ba.i- tcrics tUiring election tim«- to be ikemf^ aj^^ravatod assaults. Provisions against bribcjf and cofrupiicwu 52 t m m I u Punishment of Members against wliom bribery (r corruption shall bu proved. Pfniuly on parties aivin^ or reci'ivir.rf corruptly any consiileratiou for voting. How rccovc)- al>K". Votes corrupt- ly given to he f^truck oiV t!ie Poll Book. ported at his costs and charge?, any house of public entertair.iuent for llie acconiniodatioii of the Eh3ctorr;, aiui in case any Kepreseiitative rc'lurued to Parliaiuent siuiJl be |)roved guilty of Urging auy of tlie a'oove means to procure his Election before the proper Tribunal, his Elec- tion sliciU thcrel)y be d»Hlared void, and lie be iiica])abi.c of being ci Candidate, or lu'ing elected or returned during liiat Parliament. LV. Ai-jd 1)0 it enacted, Tliat any perFOu who sh;dl give, or citnse to bo given, or loan any sinn <>f ni.oney, or give any office, place or {' or for the purpose of corruDtiu^ him to give his vote for any Candi- date, or to iorbcar to give his votf to any Candidate, or as a coinjjensntion to jniy Elector for his lo.«;s of time or expenses in going io or returning I'roni voting, or on any other pretence whatsoe\er, aiul any voter who sliaii .tccept the same for the aforesaid [uirposi?, sliall ibrfeit and pay a sum not loss thun fivt^ potmds iior more than fifty })ounds, in the discretion of tlie Court having jurisdiction of the sanio, ^vith costs of suit, and which may be sued for and recovered by action or plaint in any Coui't of Record in this Province, having competent jurisdiction. IaV\. And be it enacted, That upon it being proved before', the proper Tiibunal of the Legislative Assembly, at the trial of ar>y con- tested Election, that ysiy Elector voting at the said Election had l)ecn brij)ed to give his vote, the name of such, voter shall be struck from the Poll Book. use of ioii of t'dtive guilty ire his Eleo- lie be ected noil (J 5S JjYU. And be it eniicU'd, That it shall iiot Entortiinmcnt be lawbii for any Caiuiidiite ibr tlie represent- V, •«''«' ^^i'- ation ot any County, Kidiug, City or lowu, Eicctois. iu tills Pmviiuc, with intent to promote liis Eleclioii, or for any other ix.t'son, witli intent to promote tlie Ehction of any such C(ui(l5(h!,te. either to ])rovide or furnif^h enterlahnrient ai his expei^se to any meeting of Electors, ass>Mvi- bled for tlie ])ur])o.se of ])ronioting fucIi Eh.'c- lirju, j-revious to <;;• extend to any [^^a^Jw fur- entertainment furnished to an.y siK/li meetirn*; nishingU of Eh'ctors, by or at th(! expense of any person or ])e]'sons at ills, her, or their livur..] place of resideiicc. nor hWll. And he it enartt-d, That (-xeejit for Witii certain tlie Eeturning OiWii-y ibr such ]::ieclion, or ;;;;;;gj'^ J his iJepiiiy for sneli Parisli. rowiisfii}) or fome^annea unloii of Townsfdps, or Ward, ov tlie Poll parisi"^&c. (Jlcrk ibr such Parisli, Township o-' tiniou of wh-.ie the Poll fr 1 • n- I X' A f ' - I ! shainK' open iovvnsliips, or Ward, or (.sie o1 the Con-^tahies therein. or Speci;dX'onsta])k.'S a}>poiiited by sacii Return- ing Otlicer oi" his Deputy, ibr tlie orderly cond.-.et o:*' sucli Election (;r Pcil, and the presei'vation of tl'.e puhiic- p-eace thereat, it shall not be iawfii! iv>r i.iiy ]>erso:! v^ho Isatli not had a staled resid(^nce in sue]; ]'jr>s]k, To\v:\shij> ov unioii of Townships, or IVtU'd, for at Icitst six ( aleiatar liu^ntlis iiexthelbre tlie day (d'snch Election, to coine during Hiry |»art of tr.e days upion wldcli such ]^oll shall be to remain open, into such ]-^u•is}l, 'I'ownsldp or uTiion oC ToAV)is}ii])S, or Ward, arivied with oifeasive weapons of any kind, as lij'e-arir.s, rA '1 11 4 J- ; (■■ 'Is ■',t il if i^'or shall any armed pm-sun mp[>roach \mthiii two milos of I ho IPcll. PirlyEnr^ii:ii!;, '■..!.. &c., rua r;t; he carru'd. iuring any ...I"' 'ion or " ■; iiin eight stevo beforo ii. Firly Batlgos, i&c , not to b(! used, during a &k.e time. swords, staves, l>]udgeoi)fi, or (he like, or for any }>erso]i wJiom>'^)ever being in :«U''h Pariirih, Townshij), Hnif)n of Townships or Ward, to arm liimself duiing any part of either of such days with any sueli offensive weapons, and thus armed to approach within tlie distance of two miles of tlie phice where tht^ Poll for such Parish, Township or union of Townships, or Ward sliall he held, unless called upon to do so hy hiwful authority. LIX. And be it enacted. That it shall not be lawful for any Carididate for the represent- ation of any Comity, Hiding, C'ijy or Town ill this Province, or lijr any other person, to furnish, oi* sup]>]y any ensign, standard, or set of colours, or any olho' flag, to or for any ])erson or persons v/homsoever, with intent that ihe .sitme should be carried or used in .such County, Riding, City or Town, on the day of Election, or within eight days before such day or during the continuaiue of such Election, by such person Or any other, as a ])arty Hag, to distinguish the bearer thereof and those who might follow the same, as the supporters o^ such Candidate, or of the ]iolitical or other opinions entertained or s'lpposed to be enter- tained by such Candidate, or for any reason to carry or use 'duy such ensign, staiidard, set of colours or other dag, as a ))arty Hay;, within such County, Uitling, City or Town, on the day of any ucli Election, or within eight days before siich dav, or dtui.g the continuance of such Election. LX. And be it enacted, Tliat it shall not be lawful for any CasKlidate for the re})resentation of any County, Hiding, City or Town in tins Province, or for any other person, to furnish m^ lor nl, to ' ^^iich and lee of ■-f, or or supply a!iy ribbon, label, or tlie like favor, to or i'or any }>er.son whomsoever, with intent that tlni same shoulil he worn or used within such County, Riding, City or Town, on the day of Election, or within eight days before such day, or during the continuance of such Election, by such })erson or any other as a party badge to distinguish the wearer, as the Svipporter of sucli (Jandidate, or of the political or otlier 0])inions entertained or supposed to be entertained In such C-andidate, or lor any porson to use or wear any ribbon, label, or other favor, as such badge, witliin such County, Kidina:, City or Town, on the day of any such Election, or within eight days before such day, or during tlie C(>nti!iu;!nce of sucli Election. LXf. And be it enacted, That every person oft'cnding iigainst any of the ))rovisions of the next f)ur preceding Sections ol'this Act, shall ho deemed guilty of a misdemeanor, punisliahle by line nnt (>xceeding Twenty-live })onnds, or iin})risonment not exceeding six calendar months, 01' by both., in the discretion of the Court whose duty it shall be to pass the sen- tence of the law upon such person upon his conviction. LXIJ. And be it enacted. That if any per- son sliall steal or unlawfidly or maliciously, either by violence or stealth, take from any Deputy Returning Olhcer or Poll Clerk, or from any oilier person having the lawful custody thereof, or i\\nn its lawful })lace of deposit for tlie time being, or shall unlawfully or maliciously destroy, injure or obliterate or shall aiil, counsel or assist in so stealing, taking, destroying, injuring or obliterating m\y Writ of Election, or any Keturn to a Writ Pui.ishment for contraven- ing the four next preceding sections. Pofaona r tcal- ingor destroy' injf, &c., the Writ, Return, Indenturo,&c., relating to any Election, to be guilty of" felony. 56 r i Puniiliiiunt of si'.cli persons. not be stated in the imljctmenl. Oatl.r. &r., under this Act to be adiiiinisterc-c! gratuitously. Hjw jfcniillks under this Act shall be ro- co^nablt. Payment then-of, how cnfijrced. of Election, or any Indoiiturr, Poll Book, Certificate or Affidavit, or any other dociiinenl; or paper, made, {)repared, drawn out accord- ing to or for tl'.e purpose ol' ineetiiig tlu; re(|uireinenls oftliis Act or any of them, every such ofl'ender shall he guilty of lelony, and being convicted thereof shall he liable, at the discretion of the Court, whose thity it shall be to pass the sentence of tlie law upon such oftender, to be imprisoned at hard labour in tlie Provincial Pej\itentiary, for any lerni not exceeding seven years nor less than three years, or to be imprisoned in any other |)hu'e ol'conttnenient ior any ternt not exceeding two years, or lo suffer such other punishment by line or imprisonnunU or])y hoth, as the Court sha.ll avvaid : ane necessarv to allege that the article in i-espect of which the odence is connnitted is tlie |)roperty oi'any jhtsou, or tluit the same is of any value. LXlll. And he it enacted, That any person before whom it is h.erehy recpiired that any oath or oaths shall bo taken, or any HlHnnation or affirmations made in the inanner hereiii pro vided, sliall l)e and he is lierobv avithorized and required to adnunister such oath or oaths, affirmation or affirmations gratuitously. LXIV. And he it enatted, That all })enalties liereby imj)osed shall l)e recoverable, with full costs of suit, by any person who shall sue for the same by action of debt, bill, ])hiint or inforuiation, in any of Her Majt^sty's Courts in this Province having competent jurisdietion ; and that in default of payment of the amount which the offender shall be condennicd to pay, witliin the period to be fixed by sucli Court, r>7 ( Book, uinoni; ('cord- is the every [V, aiul |iil thi) tail bo 1 Mich '111- ill n run tfiree place 'g (wo nt Uy nil it liieiit I'lcjicc ;>M, or crson any alion pro I and alfis, I ties full for or ^ iu V); lint irt, j^iicli ofPender shall lie iiripri.soiied in the Con- mon Giiol of the District until he shall liave paid the ainount whicli lie shall have been so con- demned t(^ pay and the costs; and it shall he whatitihaii sufficient ibr thi* plaintiff' in any Jiction or suit ''•'\«u!''c''^nno given hy this Act, to state in the declaration (icdarntioii. that the delendiint is indebted unto him in the sum of mom y thereby demanded, and to allege the particular offence for which the action or suit is brought, und that tlie d( lendant had pictcd contrary to this Act, witliout mentioning the Writ oi' lillection or the J^•tl^•n thereof; and it shall be sufficient in any indictment Auin any or information for any offence committed !!'''r*T"'a » .' . under this Act. contrary to tins A( t, to allege the partuulai- offence charged upon the defendant, and tliat ihv defendant is guilty tliereof, without men- tioning the Writ of Election or the Ivcturn thereof, or thv' authority of the l^eturning Ofheer Ibur.ded ujjon any such Writ of Klec- lion, nor sliall it be necessary on the trial of any suit or })rosecution under this Act to pro- duce the W>it of Election or the Hetuni thereof or tlie autliotity of the Iti'turning Oflieer founded upon a!iy such Writ of Election, but general evidence of such facts shall f>e sufficient evidence : Provided alwiivs, that every action, Proviso: . . . < ,. 4 ^ V 11 1 Limitation of suit or information iriven by this Act, stiall be suits under commenced within the space of nine calendar ^■"'^A-' months next aft( r the fact committed, and not afterwards. • hXV. And he it declared and enacted, ^^^^^ "'-J That from and after tlie passing of this Act, fomi, tLr eieo- the several Cities and Towns of this Province, a- pectively, wliether there is erected there. ; a dwelling house or not ; any law, custom or usage to tlie contrary notwithstanding. Fees for servi- LXM. And be it enacted, That tlie Fees cesand.ii?- liereiiuifter mentioned, and no other, sliall be dictions. allowed to the several Olncers hereinalter men- tioned, respectively, for their services and dis- bursements at any IClection, that is to say : No i)roprictor i^liall vote ill a County or Hi- tlinff on jiro- jH^rty in any City or Town. Returninii Oflicer's fees. TO THi: r.KTURNI.VCi OFFICER. For attendance on the day of opening tiie Election, two pounds currency. For attendance on the day of closing the Election, when polls have been taken, two pounds. For an Election Clerk, for eacli of tliose two days wlien attendance is required, one pound. For two Constai)!cs, on each of tliose two days, eacli i)er dieiii live shillings. For each Copy ot Proclamation or Notifi- cation of Election, which may be recjuired by law to be posted, whetlier in English and French, or in Englisli only, two shillings and six pence. Fo| Hetul shillil Foi .V.) K res- within 'its as jslative ve the buy of ]kI.s or in the V' >iM or vs- rt;un .lu. actual reas( nahle expenses incurred 1)y him in '.'il.^Je.'i^"'* })roviding Hustings or ])]aces for liolding Flec- tions, and such reasonahle expenses as may be incurred in transmitting Poll Books and Re- turns to the Clerk of tlie Crown in Chancery. TO KACH DEIM^TV RETLUNING OFFICER. For each (hiy of holding the Poll, one pound. Deputy Re- t liming Ofli- For tlie Commission a])pointing a Poll Clerk, cer's tecs, two shillings and six pence. For a Poll Clerk, each day, ten shillings. To the Deputy and Clerk respectively, for each mile actually and necessarily travelled to and from the place of polling for the purpose of taking the oaths required by law, six pence. .*^ t> IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.25 1^ 1^ 1^ 1112.2 s-^l^ 14 ill 1.6 VQ >■ '1>5 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)«72-4S03 4f^. ^ '^^- "^jU Tl,^ 60 Certain dis- bnrscnienifi For two Constables, each per diem, five shillings. For each mile actually and necessarily tra- velled for transmitting Poll Books and Keturns to the Returning Officer, six pence. The reasonable and actual expenses incurred in providing Hustings or Polling places to be allowed. Mileage to When the attendance of any Justice of the Jusiieesofthc peacc is required to administer the oaths to be Peace m cer- . . ^ , , . i . i i-» ^ 1 1 tain cases. taken iH pitulic manriPr by the l>e])uty lie- turning Officer and Polling Clerks, such Jus- tice of the Pejice to be allowed for each mile actually and necessarily travelled by him, in going and returning, to be charged in the account of the Returning Officer, six pence. How Uic said Which said fees, allowances and disburse- aiiowances ments shall be paid over to the Returainor Offi- ehall be paid ^ n i r^ t i and accounted ccr, by Warrant 01 the (jiovernor, directed to ^'^'' the Receiver-General, out of the Consolidated Revenue Fund of the Province, and shall be distributed by such Returning Officer to the several Officers and persons entitled to the same under the provisions of this Act, which distribution he shall report to the Governor of the Province through the Provincial Secretary thereof. To whoiTi copies of tliis Ast shall be Bent. LXVII. And be it enacted. That one copy of this Act with a copious alphabetical Index prefixed for the Returning Officer, and one for each of his Deputies, shall be transmitted with the Writ of Election to each and every Re- turning Officer throughout Canada. 61 five tra- urns LXVIII. And whereas it is requisite to make a special provision ibr extending the time for polling under certain circumstances in the County of Waterloo, which it is not considered necessary to extend to other con- stituencies : Be it therefore enacted, That if at any Election for tlie said County of Waterloo, a written requisition sliall be presented to any Deputy Returning Oiiicer to be appointed under the authority of this Act for either of the Townships of Waterloo or Wilmot, in the said County of Waterloo, at any time before the liour of five o'clock in the afternoon of the second day fixed for taking the Poll, signed by twelve Electors of such Township, resident within the same, setting forth that in their belief, the number of Electors of such Town- ship remaining unpolled within the same is so great that their votes cannot conveniently be recorded without an extension of tlie time for taking the Poll and requiring him to extend the same accordingly, it shall be the duty of such Deputy Returning Officer, when the hour of five o'clock in the afternoon of the said second day shall arrive, instead of closing the Poll to adjourn the same to the hour of nine o'clock in the forenoon of the day ibllowing, except the same shall be Sunday, Christmas- day or Good-Friday, in which case it shall be his duty to adjourn the same to the hour of nine o'clock in the forenoon of the day ibllow- ing such Sunday or Holy-day, and that ho shall keep such adjourned Poll open till the hour of Ave o'clock in the afternoon of the day to which it shall have been so adjourned : and provided also, and be it enacted, that if at any time before the hour of five o'clock in the afternoon of the day to which such Poll shall Recital. Time of Pol- ling in the Townahip of Waterloo or of Wilmot, in the County cf Watcrloo,may be cxtentlcJ in certain cases an(( on certain conditions. P;ovi3o, 62 Proviso. m Act may be amended in this Scesion; have been adjourned as aforesaid, a similar requisition to that aforesaid shall ])e presented to such Deputy Returning Officer, requiring for the like cause a furthei- extension of the time for taking the Poll, it shall be his duty, when the hour of five o'clock in the afternoon of the said day shall arrive, to adjourn the Poll to the hour of nine o'clock in the forenoon of the day next following, except the same shall be Sunday, or one of the Hoiy-days last aforesaid, in which case it shall be his duty to adjourn the same to the hour of nine o'clock in the forenoon of the day following such Sunday or Holy ^rl ay, and that he shall keep such adjourned Poll open till the hour of five o'clock in the forenoon of the said day to which it shall have been so adjourned, and then finally close the same for that Election ; and provided also, and be it enacted, that if on either of such two additional Polling days to be held as aforesaid the space of half an hour shall elapse without any person entitled to vote at such Poll tendering his vote thereat, then, at the expiration of such half hour, such Poll shall be finally closed for that election. LXIX. And be it enacte That this Act may be amended or repealed y any Act to be passed in the present Session of the Provincial Parliament. 63 SCHEDULE. 1. FORM A, REFERRED TO IN THE NINTH SECTION OF THIS ACT. Proclamation of the Returning Officer fixing the time and place for the opening of the Election^ and also the day for opening the Poll. PROCLAMATION. County (Riding, City or Town) of , to wit: Public Notice is hereby given to the Electors of the County, (Riding, City or Town) of that in obedience to Her Majesty's Writ to me directed, and bearing date the day of the month of , I require the presence of the said Electors at in the Parish {or Township, or in the City or Town) of [here describe the place distinctly ^ whether the Election be for a County or Riding, or for a City or Town), on the day of the naonth of at o'clock in the noon, for the purpose of electing a person {or persons, as the case may be), to represent them in the Legislative Assembly of this Province ; and that in case a Poll shall be demanded and allowed in the manner by law prescribed, such Poll will be opened on the day of the month of in the Parish of {or in the Township of or in the Ward, or in the part of the Parish of , or in the part of the Township of , as the case may he, {Here, mention each of the Parishes, Townships, Wards, parts of Pa. ishes or Townships, in which a Polling place is to be opened and hept according to law.) Of all 64 ' I rinfc m which every person is hereby required to take notice anu to govern himself accordingly. Given under my hand, at this day of tiie month of in the year (Signature) A. B. Returning Officer. 9. OATH No. 1, REFERRED TO IN TFIE TENTH SECTION OF THIS ACT. Oath of the Reluming Officer. I, the undersigned, A. B., Returning Officer for the County (Riding, City or Town) of , solemnly swear {or^ if he be one of the persons permitted by law to affirm in civil cascsj solemnly affirm) that I am legally qualified according to law to act as Returning Officer for the siid County (Riding, City or Town) of and that I will act faithfully in that capacity, without partiality, fear, favor, or affection. So help me God. " (Signature) A. B. Returning Officer. 3. FORM B, REFERRED TO IN THE TENTH SECTION OF THIS ACT. CeilificaCe of the Returning Officer having taken the Oath of Office. J, the undersigned, hereby certify that on the day of the month of A. B., tlie Returning Officer for the County (Riding, City or Town) of , took and subscribed before me the Oath {or affirmation) of office in such case required of a Returning Officer by the Tenth Section of the Act of the Parliament of this Province, intituled, An Act, ^c.y {title of this Act.) Id testimony whereof, I have delivered to him this Certificate. (Signature) C. D. Justice oftht Peace, 65 4. FORM C, REFERRED TO IN THE ELEVENTH SECTION OF THIS ACT. Commission of an Election Clerk, To E. F. i^sel forth his legal addition and residence.) Know you, that in my capacity of Returning Officer for the County (Riding, City or Town) of I have appointed and d.' hereby appoint you to be my Election Clerk, to act in that capacity according to law at the approach- ing Election for the said County (Riding, City or Town) of , which Election will be opened by me on the day of the month of Given under my hand, at day of the month of (Signature) this in the year A. B. Returning Officer, 5. OATH No. 2, REFERRED TO IN THE ELEVENTH SECTION OF THIS ACT. Oath of the Election Clerk. I, the undersigned, E. F., appointed Election Clerk for the County (Riding, City or Town) of , solemnly swear, {or^ if he he one of the persons permitted by law to affirm, solemnly affirm) that I will act faithfully in my said capacity as Election Clerk, and also in that of Returning Officer, if required to act as such, according to law, without partiality, fear, favor, or affection. So help me God. (Signature) E. F. Election Clerks 66 6. FORM D, REFERRED TO IN THE ELEVENTH SECTION OF THIS ACT. Certificate of the Election Clerk having taken the Oath of Office. I, the undersigned, hereby certify that on the day of the month of E. P., Election Ckrk for the County (Riding, City or Town) of , took and subscribed before me the Oath {or affirmation) of office required in such case of an Election Clerk, by the Eleventh Section of the Act of the Parliament of this Province, intituled, An Act, Sfc, {title of this Act.) In testimony whereof, I have delivered to him this Certifi- cate under my hand. (Signature) C. D. Justice of the Peace. or, A. B. Returning Officer. iJ 7. FORM E, REFERRED TO IN THE TWELFTH SECTION OP THIS ACT. Proclamation which the Returning Officer is to cause to be read at the Hustings, on the day of the opening of the Election. Otez. Oyez. Otez; All persons are commanded and strictly enjoined to keep silence while Her Majesty's Writ for the present Election is publicly read, under the pains and penalties in such case provided. 67 JTION he Clerk :ertifi- 8. FORM F, REFERRED TO l\ THE EIGHTEENTH SECTION OP THIS ACT. Commiaaion of a Deputy Returning Officer. To G. H., {insert hia legal addition and residence.) Know you, that in my capacity of Returning Officer lor the County (Riding, City or Town) of , I have appointed and do hereby appi)int you to be Deputy Returning Officer, or one of the Deputy Returning Officers (as the case may be) for the Parish of , {cry for the Township of ^or^ for the Ward, or for part of the Parish of , ory for part of the Township of as the case may 6c), in the said County, (Riding, City or Town), there to take and record the Votes of the Electors according to law, at the Polling place to be by you opened and kept for that purpose. Given under my hand, at this day of the month of in the year (Signature) A. B. Returning Officer, 9. OATH No. 3, REFERRED TO IN THE EIGHTEENTH SECTION OF THIS ACT. Oath of Deputy Returning Officer. I, the undersigned, G. H., appointed Deputy Returning Officer {oTf one of the Deputy Returning Officers, as the case may be) for the Parish of , {or^ for the Township of , or^ for the Ward, or, for part of the Parish of , or, for part of the Township of ),inthe £2 68 County (Riding, City or Town) of solemnly swear (w, being one of the persons pertiMted by law to affirm in civil cases^ solemnly affirm) that I will act faithfully in my said capacity of Deputy Returning Officer, without partiality, fear, favor, or affection. So help me God. (Signature) G. H. ' Deputy Returning Officer. ¥ 10, FORM G, REFERRED TO IN THE EIGHTEENTH SECTION OF THIS ACT. Certificate of the Deputy Returning Officer (or, one of the Deputy Returning Officers, as the case may be,) having taken the Oath of Office. I, the undersigned, hereby certify that on the day of the month of , G. H., the Deputy Returning Officer for the Parish of , {or, for the Township of , or, for the Ward, or, for part of the Parish of , or, for part of the Township of ), in the County (Riding, City or Town) of took and subscribed the oath {or affirmation) of Office required in such case of a Deputy Returning Officer, by the Eighteenth Section of the Act of the Parliament of this Province, intituled, An Act, ^c, {title of this Act.) In testimony whereof, I have delivered to him this Certificate under my hand. (Signature) C. D. Justice of the Peace, or, A. B. Returning Officer. of 69* 11. FORM H, REFERRED TO IN THE EIGHTEENTH AND TWENTY-FIRS r SECTIONS OF THIS ACT. Commission of a Poll Clerk. To I. J, {insert his legal addition and residence.) Know you, that in my capacity of Deputy Returning Officer {or^ one of the Deputy Returning Officers, as the case may 6e,) for the Parish of , (or, for the Township of , or, for (ho Ward, or, for part of the Parish of , or, for part of the Township of ), in the County (Riding, City or Town) of , I have appointed and do herehy appoint you to he Poll Clerk for the said Parish of {or, for the said Township of , or, for tlic said Ward, or, for the said part of the Parish of , or, for the said part of the Township of ), Given under my hand, at this day of the month of in the year (Signature) G. H. Deputy Returning Officer. 19. OATH No. 4, REFERRED TO IN THE EIGHTEENTH SECTION OF THIS ACT. Oath of a Poll Clerk. I, the undersigned, I. J., appointed Poll Clerk for the Parish of , {or, for the Township of , or, for the Ward, or, for part of the Parish of , or, for part of the Township of ), in the County (Riding, City or Town) of , do solemnly swear {or, if he 70 be one of the persons permitted bif lavi to affirm in civil caaea, do solemnly alTirm) that I will act faithfully in my capacity of Poll Clerk, and also in that of Deputy Returning Officer, if rcrjuired to act as such, according to law, withou partiality, fcnr, favour, or affection. So help me God. (Signature) I. J. Poll Clerk, U 13. FORM J, KKl ERRED TO IN THE EIGHTEENTH SECTION OF THIS ACT. Certificate of the Poll Clerk hairing taken the Oath. I, tho undersigned, hereby certify, that on the day of the month of , I. J., Poll Clerk for tho Parish of , {or^ for the Township of , or, for tho Ward, or^ for part of the Parish of , or^ for part of the Township of ), in tlie County (Riding, City or Town) of took and subscribed before me the oath {or affirmation) of office retjuired of a Poll Clerk in such cases by the Eighteenth Section of the Act of the Parliament of this Province, intituled, An Act, (^c., {title of this Act.) In testimony whereof, I have delivered to him this Certificate under my hand. (Signature) C. D. Justice of the Peace, or, A. B. Returning Officer, or, G.H. Deputy Returning Officer. 71 my rning iiou 'ION or. 14. FORM K, REFEKRKD TO IN THE NINETEENTH SECTION OF THIS ACT. Warrant of the Returning Officer to each of his DeputieSf for opening and holding the Polls. County (Ruling, City or Town) of To G. n. Deputy Returning Officer (or, one of the Deputy Returning Officers, as the case may &e,) for the Parish oi , {ory for the Township of , or^ for the Ward, or^ for part of the Parish of , or^ for part of the Townsliip of ), in the County (Riding, City or Town) of , to wit ; Whereas by Her Majesty's Writ to mc directed, and bearing date the day of le month of I am commanded lu liold an election of Member {or Members) to represent the County (Riding, City or Town) of in the Parliament of this Province ; and whereas a Poll having been demanded, was granted by me according to law ; These are therefore to authorize and require you to open and iiold the Poll of such Election for the Parish {or Township or union of Townships, or Ward, or part of the Parish or Township) aforesaid, on the day of the month of , at nine o'clock in the forenoon, {here^ describe particularly the place at lohich the Poll is to be held)^ and there to keep the said Poll open during the days and at the hours prescribed by law, and to take and record at the said Polling place, in a Book which you sL ' keep for that purpose in the manner bylaw provided, the votes of the Electors voting at the said Polling place, and to return to mc the said Poll Book, signed with your hand and sealed with your seal, together with this Warrant, on or before the day of the month of . Given under my hand, at this day of the month of in the year (Signature) A. B. Returning Officer, M 72 '" m I X H b O Sz; o H U H o o o CA H •< O tA •smtsQ 3m 931B; 01 SuiStlja.! SJ910^ •0^— sqiBQ •suoipafqo ^ ti PS fa g •aq abui asBo aip sb 'asiAVjeqio jo •uojssoouoq jo aSuea pug spq j6 uo ii(It .ijso(J •siuTJuax •sjojaudojj *30Udpis8j JO eov[d Jidifx •uopippB p5ai Jiaqx H o fe5 •saapA, 9iH JO jaqxun^ 73 16. FORM M, REFERRED TO IN THE TWENTY-SECOND SECTION OF THIS ACT. Oath of the Poll Clerk after the closing of the Poll. I, the undersigned, Poll Clerk for the Parish of , (or^ for the Township of , or^ the union of Townships of , or, for the Ward, ory for part of the Parish of , or^ for part of the Township of ), in the County (Riding, City or Town) of do solemnly swear {or^ if he be one of the persons permitted by law to affirm in civil cases, do solemnly affirm) that the Poll Book kept in and for the said Parish of (or as above, as the case may require) under the direction of G. H., who liath acted as Deputy Returning Officer therein, hath been so kept by me under his direction as aforesaid, correctly, and to the best of my skill and judgment ; and that to the best of my knowledge and belief it contains a true and exact record of the votes given at the Polling places in the said Parish of , {or as above, as the same may be) as the said votes were taken at the said Poll by the said Deputy Returning Officer. (Signature) I. J. Poll Clerk. Sworn {or affirmed) and subscribed before me, at this day of the month of in th^ year (Signature) C. D. Justice of the Peace, or, A. B. Returning Officer, or, G. H. Deputy Returning Officei\ 74 IT. FORM N, REFERRED TO IN THE TWENTY-SECOND SECTION OF THIS ACT. Oath of the Deputy Returning Officer after the closing of the Poll. I, the undersigned, Deputy Returning Officer (or, one of the Deputy Returning Officers, as the case may be) for the Parish of , {or, for the Township of , or^ for the Ward, or, for part of the Parish of , or, for part of the Township of ), in the County (Riding, City or Town) of , do solemnly swear {cry if he be one of the persons permitted by law to affirm in civil cases, do solemnly affirm) that to the best of my knowledge an»l belief the Poll Book kept fop the said Parish of {or as aforesaid, as th^ case may be,) under my direction, hath been so kept cor- rectly, and contains a true and exact record of the votes given at the said Polling place in and for the said Parish of (or as aforesaid, as the case may be,) as the said votes were taken at the said Polling place. (Signature) G. H. Deputy Returning Officer. Sworn {or affirmed) and subscribed before me, at the day of the month of year in the (Signature) or» C. D. Justice of the Peace. A. B. Returning Officer. 75 ^S ), 1§. FORM o, P' ^:rred to in the twenty-fifth ECTION OP THIS ACT. Indenture. This Indenture made this day of in the year of Our Lord, one thousand eight hundred and between A. B., Returning Officer for the County (Riding, City or Town) of , in the Province of Canada, of the one part, and C. D., E. F., and G. H., Electors of the said County (Riding, City or Town) of , of the other part, witnesseth, that in obedience to Her {or His) Majesty's Wiit, bearing date the day of the month of last {or instant,) and after the notice and formalities prescribed by law had been given and observed, they, the said C. D., E. F., G. H., and other Electors of the said County (Riding, City or Town) of , have chosen D. E., Esquire, {or D. E. and F. G., Esquires,) to represent the said County (Riding, City or Town) of in the Legis- lative Assembly of this Province, during the next {or present) Parliament ; and they, the said Electors, have given and do hereby give to the said D. E. (and F. G.) ample and suffi- cient power for them, the said Electors and the Commons of the said County (Riding, City or Town) of to do and consent to such matters and things as in the said Parliament, by the Common Council of the said Province, shall by the favour of God be ordained. In testimony whereof, the said parties have to these presents made and executed in two {or in three) parts, severally set and subscribed their respective names, and affixed their respective seals on the day and in the year first above mentioned. (Signature) A. B., [L. S.] Returning Officer. C. D. [L. S.] Electors { E. F. [L. S.] G. H. [L. S.] 76 OATHS Nos. 5, 6, 7, S, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19, referred to in the Forty-first Section of this Act^ and No. 19, also referred to in the Forty-second Section of this Act. LOWER CANADA. No. 5. OATH OF AN ELECTOR Voting at the Election for any County in Lower Canada, upon an Estate to him belonging in virtue of a legal title^ other than derived from descent, inheritance, devise, marriage or contract of marriage. You swear {or, if he be one of the persons permitted by law to affirm in civil cases, you solemnly affirm) that you are actually possessed, and that you have been bond fide possessed, in virtue of a legal title, during the six calendar months immediately preceding the day {here, mention is to be made of the date of the Writ of Election), for your own use and benefit, as Proprietor, of the Estate which you have just described as giving you the right to vote at this Election ; that the said Estate is of the clear yearly value of forty-four shillings and five pence and one farthing currency, or more, over and above all annual rents and charges payable out of or in respect of the same ; that you verily believe you are of the full age of twenty-one years ; that you have not already voted at this Election ; and that you have not received any thing, nor has there any thing been promised to you, either directly or indirectly, in order to induce you to give your vote at this Election. So help you God. 77 No; 0. OATH OF AN ELECTOR Voting at the Election for any County in Lower Canada^ upon an Estate to him belonging by descent or inheri' tance, devise^ marriage or contract of marriage. You swear (or, */ he be one of the persons permitted by law to affirm in civil cases, you solemnly affirm) that you are actually bond fide possessed, for your own use and benefit, as proprietor, by descent or inheritance, {or by devise, marriage, or contract of marriage, as the case may be,) of the estate which you have just described an giving you the right to vote at this Election ; that the said estate is of the clear yearly value of forty-tour shillings and five pence and one farthing currency, or more, over and above all annual rents and cliarges payable out of or in respect of the same ; that you verily believe you are of the full age of twenty-one years ; that you have not already voted at this Election ; and that you have not received any thing, nor has there any thing been promised to you, either directly or indirectly, in order to induce you to give your vote at this Election. So help you God. No. 7. OATH OF AN ELECTOR Voting as Proprietor at the Election for any City or Town, in Lower Canada, upon an Estate to him be- longing in virtue of a legal title, other than derived from descent, inheritance, devise, marriage or contract of marriage. You swear {or, if he be one of the persons permitted by law to affirm in civil cases, you solemnly affirm) that you are actually possessed, and that you have been bond fide pos- sessed, in virtue of a legal title, during the six calendar 78 months immediately preceding the day of {herCf mention is to be made of the date of the Writ of Election) J for your own use and benefit, as Proprietor, of tlie Estate which you have just described, with a dwelUng house thereupon, as g'ving you the right to vote at this Election ; that the said Estate is of the clear yearly value of five pounds, eleven shillings and one penny farthing currency, or more, over and above all annual rents and charges payable out of or in respect of the same : that you verily believe you are of the full age of twenty-one years ; that you have not already voted at this Election ; and that you have not received any thing, nor has there Jiny thing been promised to you, either directly or indirectly, in order to induce you to give your vole at this Election. So help you God. No. S. OATH OF AN ELECTOR Voting as Proprietor at the Election for any City &r Toion^ in Lower Canada, upon an Estate to him be- longing by descent or inheritance, devise, marriage or contract of marriage. You swear {or, if he be one of the persons permitted by law to affirm in civil cases, you solemnly affirm) that you are actually and bond fide possessed, for your own use and benefit, as Proprietor, by descent or inheritance, {or by devise, marriage or contract of marriage, as the case may be,) of the Estate which you have just described, with a dwelling house thereupon, as giving you the right to vote at this Election ; that the said Estate is of the clear yearly value of Five pounds, eleven shillings and one penny farthing currency, or more, over and above all annual rents and charges payable out of or in respect of the same ; that you verily believe you are of the 79 the full age of twenty-one years ; tliat you have not already voted at this Election ; and that you have not received any thing, nor has there any thing been promised to you, either directly or indirectly, in order to induce you to give your vote at this Election. So help you God. IVo. 9, OATH OF AN ELECTOK Voting as a Tenant at the Election for any City or Town in Lower Canada. You swear (or, if he be one oj the persons permitted by law to affirm in civil cases^ you solemnly affirm) that you actually reside and have so resided as a Tenant within the limits of the City (or Town, as the case may be) of or the liberties thereof, during the period of twelve calendar months next before the day of , (/icre, mention is to be made of the date of the Writ of Election) at the rate of Eleven Pounds, Two Shillings and two pence, half penny currency, of rent, a year or upwards ; that you have, as such Tenant, really and bond fide paid Eleven pounds, two shillings, and two pence half penny currency of such rent for the ycnr ending at the last yearly {or half yearly, quarterly, or other day of payment^ as the case may be) day of payment of such rent, which occurred next before the said day of {date of the said Writ) ; that you verily believe you are of the full age of twenty-one years ; that you have not already voted at this Election ; and that you have not received any thing, nor has any thing been promised to you, either directly or indirectly, in order to induce you to give your vote at this Election. So help you God. 80 UPPER CANADA. No. 10. OATH OF AN ELECTOR Voting at the Election^ for a County or Riding^ in Upper Canada, upon an Estate derived hy conveyance. You swe.ar (or, if he he one of the pq'aons permitted by taw to affirm in civil cases, you solemnly affirm) that the Estate which you have just described as giving you the right to vote at this Election, is a Freehold, which you hold hy Deed of Conveyance, which Deed has been executed for upwards of six calendar months, and that you have been in the actual possession of such Estate, or in the receipt of the rents and profits thereof, under and by virtue of such conveyance for upwards of six calendar months, immediately preceding the day of {here, mention is to be made of the date of the Writ of Election) ; that the said Estate is of the clear yearly value of Forty-four shillings and five pence and one farthing, currency, or more, over and above all annual rents and charges, payable out of or in respect of the same ; that you verily believe you are of the full age of twenty-one years*, that you have not already voted at this Election ; and that you have not received any thing, nor has there any thing been promised to you, either directly or indirectly, in order to induce you to give youi: vote at this Election. So help you God. SI .^o. II. OATH, OF AN ELECTOR Voting al the Election for the County or Riding , Upper . Canada^ upon an Estate held under Patent from the Crown. You swear {or^ if he be jne of the persons permitted by law to affirm in civil cases^ you solemnly afiirm) that the Estate which you have just described as giving you the right to vote at this Election is a Freehold which. you hold by grant from the Crown, and that the Patent therefor has been regis- tered during three calendar months preceding the day of {herct mention is to be made of the date of the Writ of Election) ; that the said Estate is of the clear yearly value of Forty-four shillings and five pence and one farthing currency, or more, over and above all annual rents and charges payable out of or in respect of the same ; that you verily believe you arc of the full age of twenty-one years ; that you have not already voted at this Election, and that you have not received any thing, nor has there any thing been promised to you, either directly or indirectly, in order to induce you to give your vote at this Election. So help you God. I¥o. 12. OATH OF AN ELECTOR Voting at the Election for a County or Riding in Upper CanadOy upon an Estate derived by Conveyance. You swear {or^ if he be one of the persons permitted by law to affirm in civil cases, you solemnly affirm) that the Estate which you have just described as giving you the right to vote at this Election is a Freehold Vihich you hold by Dee