..«>... IMAGE EVALUATION TEST TARGET (MT-3) /. ^ ^"4^, s^ y^7^^ <^ 4 ^A v.. %o 1.0 I.I IB||22 2.0 1.8 1.25 1 1.4 ^ ^ 6" - ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques \\ Technical and Bibliographic Notas/Notes tachniquas at bibliographiquaa Tha Instituta has attamptad to obtain tha bast original copy availabia for filming. Faaturas of this copy which may ba bibliographically unique, which may alter any of tha images in the reproduction, or which may significantly change the usual method of filming, are checked below. D D D n D D D D D Coloured covers/ Couverture de couieur Covers damaged/ Couverture endommagde Covers restored and/or laminated/ Couverture rastaurie et/ou pelliculie Cover title missing/ Le titre de couverture manque Coloured maps/ Cartas giographiques en couieur Coloured ink (i.e. other than blue or black)/ Encre de couieur (i.e. autre que bleue ou noire) Coloured plates and/ Planches et/ou iiiustt lustrations/ ans en couieur D Bound with other material/ Reli* avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serree peut causer de I'ombre ou de la distorsion le long de la marge intirieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certainas pages blanches ajoutAes lors d'une restauration apparaissent dans le texte, mais, lorsque cela Atait possible, ces pages n'ont pas iti filmias. Additional comments:/ Commentaires supplimentairas; L'Institut a microfilm^ le meilleur axemplaira qu'll lui a ixi possible de se procurer. Les details de cet exemplaira qui sont peut-^tre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m^thode normale de filmage sont indiquAs ci-dessous. □ Coloured pages/ Pages de couieur I — I Pages damaged/ D Pages endommagies Pages restored and/oi Pages restauries et/ou pelliculies Pages discoloured, stained or foxe< Pages ddcolor^es, tacheties ou piqu^as Pages detached/ Pages ditachees Showthrough/ Transparence Quality of prir Qualiti inigale de I'impression Includes supplementary materii Comprend du material supplimentaire Galy edition available/ Seule Edition disponible r~~| Pages restored and/or laminated/ r~y) Pages discoloured, stained or foxed/ [~n Pages detached/ r~7 Showthrough/ r~n Quality of print varies/ r~~1 Includes supplementary material/ r~n Galy edition available/ Pages wholly or partially obscured by errata slips, tissues, otc, have been refilmed to ensure the best possible image/ Les pages totalement ou partieilement obscurcies par un feuillet d'errata, une pelure, etc.. cnt it6 fiimies A nouveau de facon a obtanir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ca document est filmi au taux de rMuction indiquA ci-dessous. 10X 14X 18X 22X i^ lOil 7 - 12X 16X 20X 24X 28X 32X lis u lifier ne ige The copy filmed here hat been reproduced thanks to the generosity off: The Nova Scotia Legisiativa LibnH7 The images appearing here are the best t|uaiity possible Gsr.«iJering the condition and legibility off the original copy and in keeping with the ffilming contract specifications. L'exemplaire fllmi f ut reprodult grAce A la gAnArosit* de: Tha Nova Scotia Lagitlativa Library Las images suivantes ont 4tA reproduites avec ie plus grand soin, compte tenu de la condition at de la nettetA de I'exentplaire film*, et en conformity avec les conditions du contrat da filmage. Original copies in printed paper covers are ffilmed beginning with the ffront cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. Ail other original copies are ffilmed beginning on the ffirst page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. Les exemplalres originaux dont la couverture en papier est ImprimAe sont ffilmto en commenpant par la premier plat et en termlnant soit par la derniire page qui comporte une emprelnte d'Impression ou d'illustratlon, soit par la second plat, salon le cas. Tous les autres exemplalres originaux sont ffilmte en commen9ant par le premiere page qui comporte une emprelnte d'Impression ou d'illustratlon et en termlnant par la derniire page qui comporte une telle emprelnte. The last recorded fframo on each microffiche shall contain the symbol -^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboies sulvsnts apparaltra sur la dernidre image de cheque microfiche, selon le cas: le symbols — »> signiffle "A SUIVRE", le symbols V signifie "FIN". iVIaps, plates, charts, etc., may be filmed at difffferent reduction ratios. Those too large to be entirely included in one exposure are ffilmed beginning in the upper lefft hand corner, lefft to right and top to bottom, as many fframes as required. The ffoiiowing diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre ffilmAs A des taux de rAduction diffffArents. Lorsque le document est trop grand pour Atre reprodult en un seul clichA, ii est ffilmA A partir de I'engle supArleur gauche, de geuche A droite, et de heut en bee, en prenant le nombre d'images nAcessalre. Les diagrammes suivsnts illustrent la mAthode. ita lure. : 2X 1 2 3 i' • t 2 3 [' * 5 6 :■:,., ^«i;r-"*5';^^^^'{ |;J«f . '<■■.',•.•,,•■; .■'■,' ■,,'■1 1^' 4' ,'■' * , 'ii - > «• -v.." >i*'» ■ ' I 'I')* » \ V *■ "•^ iV? ' ■% ^c ' 4 5^'^: .' V *> . /, * I f if, ' i ft.l I ^OVA SC0TI4 PROVINCE HOUSE • fT*" *^'' r?«- :,■■'« * ■ » r • ,'-.# > -i «■»■ ■/ . 1 j.. 4'' ■^^i, ^1 ^\i •-/ , ^s, i . ■ " • • . ■ '.' ' J, •■.'•',( ' ' •J ■; • .H^- ■} ■ ■<:■;■ ; i !■■■' .:^V|':: >;• ' t> . ' J 7 4 ,^ .Vl( . ylBl *'• "} ' ■■»., } 1 •••« ^X. .' :\ ■i'.'-i '. ■V 1'' :t,n^^ ^ym. ' /. .■ ■:■■ S".' ; ' v,v,» 'rci >. s • ( J ^ "Jt i t ' ' ' * ^ ■ 'W AN ACT TO PROVIDE FOR THE REGISTRATION OF CERTAIN ELECTORS OF MEMBERS TO SERVE IN GENERAL ASSEMBLT. .(^ -, ^%. /V W Ir JM.' I 7 / ' I. ^ "■;A i\ s ■^ ■><< , ^. ' •1 i Vi \-\i^i- liiAiiHMiMMMMlMMIMMfeiliiyiMl AN ACT TO PROVIDE FOR THE REGISTRATION OF CER- TAIN ELECTORS OF MEMBERS TO SERVE IN GENERAL ASSEMBLY. Be it enacted by the lieutenant-governor^ council and assembly i as follows : 1 . This act shall not extend to, limit or otherwise affect the franchise founded upon freehold as by law established. 2. Persons qualified to vote under this act shall bo called ** registered electors." 3. Any male person of the age of 21 years and upwards, being fi natural born or naturalized subject of the crown of Great Britain, and domiciled in Nova Scotia, may become a registered elector ; provided at the time of making application as hereinafter pre- scribed, he shall, if a native of Nova Scotia, have been resident one year next before his application in the electoral district in which his application shall be made, and if not a native of Nova Scotia, shall besides such residence within the electoral district, have also been for five years next before such application, resi- dent within the province. 4. The grand jury shall annually at the general sessions present the names of three persons resident in each electoral district of every county, of whom one shall be appointed by the court to receive the applica- .3 K^J^*'>1 WW-*' f-^- r '*^ fe\-M N, *"i^' •!»f^*> irfiiu ^ .4t f **v *■ \ . ■».< l^- .yi 1^ tions of parties desirous to become registered electors ; the person so appointed shall be called the ** registry officer '* for the district, and shall forthwith, upon receiving notice of his appointment, which notice it shall be the duty of the clerk of the peace forthwith to forward to him, be sworn to ihe faithful discharge of the duties of his office, before any justice of the peace of the county. 5. In those counties in which the term of the general sessions at which the grand jury are bound by law to attend, shall not be held on or before the last Tuesday of January next, the justices of suoh coun- ties are required to meet on such last Tuesday of January next as if that were the day appointed by law for their ordinary meeting in sessions ; and shall pro- ceed, but without the intervention of the grand jury, to appoint a registry officer in each electoral district ; but all subsequent appoiiitments of such officers in the counties included within this clause shall be made at the ordinary meetings of sessions, and in the same manner as prescribed in the 4th clause. 6. It shall be the duty of the registry officer to keep a book in which he shall enter, day by day, as they are made, all applications from parties desiring to become registered electors — the book, which shall be called the "registry book,*' shall contain separate columns, in the form of schedule A hereto annexed, specifying the name of the applicant, the date of his application, the place of his birth, his age, and trade or profession, and some description of the place within the electoral district at which he is resident at the time. 7. Every application for registry shall be in v:riting ^or in print, and shall be signed by the applicant ; the application shall be in such one of the forms in sche- dule B as is adapted to the case of the applicant ; and xevery application shall be accompanied by an affidavit i d it in such one of the forms in such schedule as shall be adapted to the case. 8. The registry officer shall file all such applica- tions and affidavits in his office when the same are presented, and shall enter the same in the registry book in manner aforesaid ; and all such applications and affidavits, and the book of registry, shall at all times be open to the inspection of any freeholder re- siding within the county, who shall desire to see the same. 9. Applications for registry shall be received in each and every year up to and inclusive of the last day of February ; and on the first day of March in each and every year, the registry officer shall seal up and transmit to the clerk of the peace the applications made to him during the preceding year, up to and inclusive of the last day of February, together with the original affidavits accompanying the same, and the original registry book 10. From these documents the clerk of the p^ace shall make out a list of all the applicants, arranging the same first in electoral districts in numerical order, beginning with No. 1, and proceeciing onwards, and secondly in each electoral district, arranging the names in alphabetical order, and he shall cause the list so made out to be printed and copies thereof to be posted in at least five public places in each electoral district for ten days before the holding of the court to be conveLed as in next clause mentioned. 11. On the first Tuesday of April in each and every year, the justices of the county shall be required to meet for the purpose of holding a court for deciding upon applications for registration. 12. At such court the clerk of the peace shall pro- duce the original registry books, applications and •P" 'Pii.»i. Jill 1 . 4-- , " ' V ' '' tf' f^ 6 affiJ«avits transmitted to him and also the printed list of applicants made up and posted by him. 13. On the first day of the meeting of the court the names in the list shall be read over in the order in which they appear thereon, and the papers respecting each applicant shall be submitted as the name is read. If it shall appear to the court that the requisites of this act have been complied with, and no objection is made as hereinafter mentioned, the court shall direct the clerk of the peace to enter the name upon a list to be called the ''corrected list" of registered electors, and shall proceed in this manner to the end of the list. 14. Where the requisites of this act shall appear not to have been complied with, the court may direct the name to which such deficiency applies to be struck from the list, subject to appeal as hereinafter mentioned. 15. Any freeholder present at such court shall be at liberty to object to the registration of any applicant whose name appears in the clerk's list; and upon such objection being made the same shall be noted in the margin of the list, and the court shall pass over such name and proceed to the consideration of other names to the end of the list, so as to leave the consideration of all objected names to a subsequent day. 16. When the court shall have gone through the list, the clerk of the peace shall make out from it a list to be called the ** corrected list of registered electors," which like the original list shall be arranged in elec- toral districts and alphabetically in each district ; and shall also prepare a similar list of the names to which objections have been made, which shall be called the *' objected list." 17 The court shall then adjourn to the second Tuesday of April, on which day it shall re-assemblo to consider the objected names, and such names shall — -— ^•'ifwmi' be taken ia their order as they appear in the objected list. 18. All objections to the registration of such names not arising from defects in the application or affidavits in reference to the same, shall be made upon affidavit, the same to be sworn to before any justice of the peace at or before the time when the investigation of the particular application shall be commenced. The court upon hearing the case and objections shall decide according to their best judgment, and in case they decide in favor of the applicant for registry, his name shall be added to the '* corrected list." 19. The decision of the court on striking off any name for defects in the application or affidavit, or in allowing any name objected to, shall be subject to appeal upon the application of any freeholder made before the close of the investigation ; in which case it shall be the duty of the clerk of the peace to transmit forth- with, after such appeal, the papers connected with the case in which the decision has been made, to the prothonotary at Halifax, who is hereby required to submit the same without delay to a judge at chambers, who shall proceed to decide the sam'e with or without a hearing, and the decision of the judge shall be final, and shall with the original papers be returned by the pro- thonotary forthwith thereafter to the clerk of the peace, who shall thereupon make such corections in the list as shall be necessary to conform to such decision. 20. When any writ for the election of a member to serve in general assembly shall be received by any sheriff, he shall require the clerk of the peace to furnish him with copies of the list of registered electors for the county or township within which such election is to be held. V ■#*» A :^y. T3^ ":^^^^;^. i;; -Jf 1 lis ''it. 8 2 1 . Upon the receipt of such requisition the clerk of the peace shall forthwith, for each electoral district within such county or township, transmit to the sheriff a certified copy of the corrected list of registered electors for such district as made up from the appli- cation, for the period ending on the last day of February preceding such election, and the sheriff shall transmit to the presiding officer of each electoral district, the corrected list of registered electors for such district. 22. At any election to be hereafter held, any person claiming to vote as a registered elector, whose name shall not be included in the certified list of registered electors in the hands of the presiding officer, shall not be permitted to vote ; and the name of any such per- son shall be struck from the poll book. 23. No person who shall have received aid as a pauper under any poor law of this province, or aid as a poor person from any public giant of government money, within one year before the day of polling, nor any Indian, shall be entitled to vote under this act. 2i. No person shall lose any part of his residence by being on board ship, or in any seminary of learn- ing, or otherwise temporarily absent for any period less than one year. • 25. No person who, after his application to become a registered elector, shall have removed his residence from the district within which the application was so made, shall be entitled to vote under this act ; and any person claiming to vote as a registered elector, if required by any candidate, or his agent or inspector, shall be obliged to take the oaths No. 1, No. 2, and No 3, in schedule C hereunto annexed, or any one or more of them, and on default his name shall be struck from the poll book. 26. Any person entitled to vote at the same poll may object to any vote given under this act ; and if iv h 9 the objection is not withdrawn, the canilidate against whom the vote is given, or his agent or inspector, may then direct the vote to be marked *• objected" on the poll book without requiring the elector to be sworn, and such vote shall be considered as subject to the same rules as those votes marked objected under chapter • of the revised statutes. 27. Any clerk of the peace neglecting or refusing to perform any duty assigned to him by this act, shall forfeit and pay a sum not exceeding £500. 28. Any person appointed registry officer under this act, neglecting or refusing, after noti'^c of his appointment, to be sworn into office, shall incur a penalty of <£20. 29. Any registry officer having been sworn into office, and neglecting or refusing to perform any duty assigned to him under this act, shall incur a penalty not exceeding .£200. 30. In case of the neglect or refusal of the grand jury and sessions to appoint a receiving officer for any one or more electoral districts, or of any person appointed a registry officer, to be sworn into office for ten days after he is advised of his appointment, it shall be lawful for any two magistrates of the county, upon affidavit being made before them of such neglect or refusal, to appoint some other person resident in the district to act as registry officer, w'ho shall be sworn lo the impartial discharge of his duty, and shall perform all the duties and be subject to the liabilities and penalties of an officer appointed under the 4th and 5th Sections of this act. 31. In the city of Halifax, and in incorporated dis- tricts or counties, the duties hereby assigned to the grand jury and court of sessions shall be performed respectively by the city council and municipal council; the duties, liabilities and penalties to which the clerk -r- wm. ri' ^i^ ^f>\ m i4 J wimmimm hht' Hi ,j •>" f- 10 of the peace is subjected under this act shall in such city devolve upon the city clerk and in such incor- porated districts upon the municipal clerk ; and the registry officers appointed in such city and incorporated districts shall be liable to the same duties, liabilities and penalties as are prescribed for registry offices in other counties under and by virtue of this act. 32. All penalties prescribed by this act may be recovered and applied in manner prescribed by the 7th section of chapter 1 of the revised statutes. 33. The remuneration of clerks of the peace and registry officers to be appointed under this act shall be a county charge; and the amount thereof shall be fixed, ascertained and collected, in the same manner as other county rates. 34. From and after the 2nd Tuesday of April next chapter 6 of the acts of 1854, entitled *' an act concerning the elective franchise" is repealed. n^HCm' ^ lifeMiiMia Q « ;-• d o o .1— t © tfj «3 c2 ^ H O 1 Ph o ^ o rH •■^ • ^ a 5-1 ?. O J2 c3 o -^ o P »l— 1 cu c3 -/J -_' C3 • si O o r .k'.i'^. W-^' ^^'-SW^M' •J. ■ f uMi^ttayi^ta^ 12 SCHEDULE B. Form of application for registry, for native born Nova- scotians. A — B , now resident at within electoral district number , born at in the province of Nova Scotia, of the age of years or thereabouts, carpenter, (or as the case may be,) desires to become a registered elector. Dated this day of A. D., 185 (Signed) A B- Affidavit to accompany same. A B , of ' in electoral district No. in the county of , carpenter, {or as the case may be,) maketh oath and saith that he is a native born Nova-Scotian, and for the year next preceding the making of this affidavit, has resided within electoral district No. of the county of , and further that all the other statements contained in the above appli- cation are true in substance and matter of fact. (Signed) Sworn at , this day of before me, C D^ , J. P. for B- A. D. 185 , Form of application for registry for persons not native born Nova Scotians, but noiv subjects of the crown of Great Britain. . A B , now resident at in electoral district, number , born at in out of the province of Nova Scotia, but a natural born subject of the crown of Great Britain, of the age of I , T 13 years or thereabouts, blacksmith (or as the case may be) desires to become a registered elector. Dated the day of A.D., 185 (Signed) B- • -■•,*■■*'■■ Affidavit to accompany same, .■ ' A B of in electoral district No. in the county of raaketh oath and saith that he was born a subject of the crown of Grreat Britain ; and ibr five years previously to the making of this affidavit has resided in the province of Nova Scotia, and for one year preceding the same has resided in such electoral district No. ; and also that all the other statements contained in the above application are true in substance and matter of fiict. Sworn at before me, (Signed) , this day of A B- A.D., 185 C- D , J. P. for Form of application for registry, for naturalized persons, A B , now resident at in electoral district No. , born at in , out of the dominions of the crown of Great Britain, naturalized by , and having taken the oath of allegiance to the crown of Great Britain, of the age of years or thereabouts, carpenter, (or as the case may be,) desires to become a registered elector. Dated this day of A. D. 185 (Signed) A B- '■rr^tim- mmm J} W!'. / YW 'WWWT } 't^^V' 7 ' '^ f A *if 14 Affidavit to accompany same. B , of in electoral district No. ill the county of , maketh oath and saith that he is a naturalized subject of the crown of Great Britain, and has been resident within the province of Nova Scotia for five years next preceding the making of this affidavit, and within such electoral district No. for one year next preceding the making of the same ; and further that all the other statements contained in the above application are true in substance and matter of fact. (Signed) A B . Sworn at , this day of , A. D. 185 before me, C D , J. P., for 1 SCHEDULE C. Oath, No. I. You A B do swear that you are a regis- tered elector of this district and that you now reside and have your place of abode within such district, and have resided and had your usual place ot abode within such district continuously from the date of the appli- cation made by you for registration upon which the list now in the hands of the presiding officer of thi« district has been made up, up to the present time. So help you God. You A- B- Oath, No. 2. do swear that you have not within one year next, before this day, received aid as ':^ ,■; .(^' ! #5^, -a.:'J^ ■»». mm.mmi. ,''3V' ^B;' V'^f^rfiVl '>im»^ If i I 15 a pauper under any poor laws of this province, or as a poor person under any public grant of the money of this province. So help you God. You A- B- Oath, No. 3. do swear that you have not ii received or had by yourself, or any other person whomsoever in trust for yourself, or for your use and benefit directly or indirectly, any sum of money, office, place, emolument, gift or reward, nor any promise or security for any money, office, place, emolument, gift or reward, in order to give your vote at this election. So help you God. le id n • i- le i« ot as p*««r^