But to remain apply. been paid by such voter, or as would require any other oath than such as is hereby prescribed to be taken by such Voter, or as may be in any way inconsistent with this Act, shall be and is hereby repealed in so far as regards persons claiming to vote at any Election for which the first polling day shall be after the first day of January one thousand eight hundred and fiftyfive, and before the first day of January, one thousand eight hundred and fifty-six, as being qualified to vote thereat by virtue of this Act, but shall remain in force as regards persons claiming to vote at such Election as being qualified to vote thereat under in force as to the said Elections Act of 1849, all the provisions whereof obligother Voters: ing the Voter (if required) to describe the property in respect of and the other which he claims the right of voting, the legal consequences and provisions of the said Act to penalties of and for granting fraudulent or collusive titles to persons for the purpose of qualifying or enabling them to vote, or of and for voting without being legally qualified, or of and for voting more than once at the same Election, or of and for bribery or corruption, or of and for disobeying or not complying with any of the requirements of the said Act, and generally all the provisions of the said Act not inconsistent with this Act, shall apply to persons voting or claiming the right of voting under this Act, and to the property in respect of which they claim the right of voting, as fully as to those voting or claiming the right of voting under The Elections Act of 1849, and the property in respect of which they claim the right of voting, and in so far as may not be inconsistent with the provisions of this Act, its provisions shall be construed and have effect as if they formed part of the said Act, and the form of the Poll Book or any other form prescribed by the said Act or any requirement thereof, shall be varied (if requisite) so as to be consistent with this Act. In what wards certain persons VII. All persons claiming to vote at any Election shall vote in to be held at any time whatever for any City or Town Lower Canada. in Lower Canada divided into Wards, upon property which is not within such City or Town as bounded for Municipal purposes, but is within the same as bounded for purposes of representation, shall respectively vote in that Ward, and that Ward only, which shall be assigned by the Returning Officer for that purpose by a Proclamation to be issued by him before the first polling day, and assigning the Ward or Wards in which property situated as aforesaid shall be deemed to be included for the purposes of such Election. How the word lity" shall be VIII. In construing this Act and the Act hereby amended, in so far as they relate to Lower Canada, the word "Municipality" whenever it is intended to apply to any regards Lower other Municipalities than those of Counties and Unions construing 16 or Sub-divisions of Counties for Municipal purposes, shall be construed as applying to and including any Parish, Township or other Municipality which may hereafter be established in Canada, in V. c. 153. Lower Lower Canada; and until such Municipalities shall be established, the said word shall apply to and include any Parish, Township or other place, now returning a Councillor or Councillors to the Municipal Council of the County, as well as to Municipalities of Towns or Villages incorporated at the time of the passing of the Act hereby amended; And whenever there shall be in Lower Canada such Municipalities of Parishes or Townships, the duties assigned by this Act and the Act hereby amended, to the Clerk of a Municipality, shall be performed by the Clerk, Secretary, Treasurer or other officer performing like duties by whatever name he may be known; and untii such Parish or Township Municipalities shall be established in Lower Canada, the said duties shall be performed by the senior or first elected of the Councillors representing any such Parish, Township or place as aforesaid in the County Council. IX. Nothing in this Act contained shall be held to affect This Act not or apply to any Election or Elections which may be had to apply to or held before the first day of January, one thousand eight hundred and fifty-five. Elections be fore 1st. Jan uary, 1855. X. This Act shall be known as The Elective Franchise Short titles of Temporary Extension Act, and the said Act passed in this Act and the twelfth year of Her Majesty's Reign and cited in the 12 V. c. 27. second Section of this Act, should be known as The Elections Act of 1849, and that either Act may be validly referred to by the name hereby assigned to it in all Acts and legal proceedings and all other documents and writings what soever. SCHEDULES. No. 1. Oath or Affirmation of a person claiming the right of voting as the owner of real property lying within some City or Town entitled to send a Member or Members to the Legislative Assembly, as bounded for Municipal purposes. 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 bona fide possessed to your own use and benefit of the Estate which you have just described as giving you a right to vote at this Election, as your own property (or freehold),-that the said Estate has not been colorably or collusively conveyed to you for the purpose of enabling you to vote, and that it is of the actual value of seventy-five pounds currency or more, (or of the yearly value of seven pounds ten shillings currency or more, as the case may be),—and that no instalment of purchase money, rent or sum of money which you have undertaken to pay to the Crown therefor (except Seigniorial dues) is now overdue overdue and unpaid,—that you are a Subject of Her Majesty by birth, (or naturalization, as the case may be),—that you believe yourself to be 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 you, either directly or indirectly, to induce you to give your vote at this Election. So help you God. No. 2. Oath or affirmation of a person claiming the right of voting as the tenant or occupant of real property lying within some City or Town entitled to send a Member or Members to the Legislative Assembly, as bounded for Municipal purposes. 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 bona fide in possession for your own use and benefit as tenant (or occupant,) of the Estate which you have just described, as giving you a right to vote at this Election,-(if he vote as a tenant, say: that your present lease of the said Estate was made for a term not less than one year,) and that the said property has not been colorably or collusively leased or let to you or allowed to be occupied by you for the purpose of enabling you to vote, and that it is of the actual value of seventy-five pounds currency, or more (or of the yearly value of seven pounds ten shillings, or more, as the case may be),-and that no instalment of purchase money, rent or sum of money which you have undertaken to pay to the Crown therefor (except seigniorial dues) is now overdue and unpaid,—that you are a Subject of Her Majesty by birth, (or naturalization, as the case may be),-that you believe yourself to be 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 you, either directly or indirectly, to induce you to give your vote at this Election. So help you God. No. 3. Oath or affirmation of a person claiming the right of voting as the owner of real property lying elsewhere than within some City or Town entitled to send a Member or Members to the Legislative Assembly, as bounded for Municipal purposes. You swear (or, if he be one of the persons permitted by Lau to affirm in civil cases, you solemnly affirm) that you are actually and bona fide possessed to your own use and benefit of the Estate which you have just described, as giving you a right to vote at this Election, as your own property (or freehold),—that the said Estate has not been colorably or collusively conveyed to you for the purpose of enabling you to vote, and that it is of the actual value of fifty pounds currency or more, (or of of the yearly value of five pounds currency or more, as the case may be), and that no instalment of purchase money, rent or sum of money which you have undertaken to pay to the Crown therefor (except Seigniorial dues) is now overdue and unpaid, that you are a Subject of Her Majesty by birth, (or naturalization, as the case may be),-that you believe yourself to be 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 you, either directly or indirectly, to induce you to give your vote at this Election. So help you God. No. 4. Oath or Affirmation of a person claiming the right of voting as the tenant or occupant of real property lying elsewhere than within some City or Town entitled to send a Member or Members to the Legislative Assembly, as bounded for Municipal purposes. 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 bona fide in possession for your own use and benefit as tenant (or occupant) of the Estate which you have just described, as giving you a right to vote at this Election,-(if he vote as a tenant, say: that your present lease of the said Estate was made for a term not less than one year,) and that the said property has not been colorably or collusively leased or let to you or allowed to be occupied by you for the purpose of enabling you to vote, and that it is of the actual value of fifty pounds currency, or more, (or of the yearly value of five pounds currency, or more, as the case may be),-that no instalment of purchase money, rent or sum of money which you have undertaken to pay to the Crown therefor (except seigniorial dues) is now overdue and unpaid,-that you are a Subject of Her Majesty by birth, (or naturalization, as the case may be),that you believe yourself to be 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 you, either directly or indirectly, to induce you to give your vote at this Election. So help you God. No. 5. Oath or affirmation of a person claiming the right of voting as being qualified as a proprietor or freeholder under the Elections Act of 1849. You swear (or, if he be one of the persons permitted by law to affirm in civil cases, you solemnly affirm) that no instalment of purchase money, or any rent or other sum of money which you have undertaken to pay to the Crown for the property in respect of which you claim to be entitled to vote at this Election (adding in Lower Canada the words " except seigniorial rents ") is now overdue and unpaid. So help you God. САР. Preamble. To what Act shall apply. An Act further to provide for the Freedom of Elections. [Assented to 18th December, 1854.] HEREAS at certain Elections of Members of the Legislative Assembly, various frauds and acts of violence have been committed, to the injury and prejudice of the Electors, whose real choice could not be ascertained; and it is necessary to provide against the recurrence of the said evils, and further to secure the freedom of Elections: 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 Assembly of the Province of Canada, constituted 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, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same as follows: I. At any Election which may be held during the conElections this tinuance of this Act, and in all proceedings for completing any such Election though commenced before the passing of this Act, its provisions shall apply in addition to all laws then in force, or in lieu of such provisions thereof as are altered or repealed by this Act. Oaths to be taken by usu- Returning Officers and Deputies to cial Con stables. II. When any person shall tender a vote under a written promise of sale possessed during twelve months, or as usufructuary, or in any other capacity, to which the precise words of the oaths prescribed by law do not apply, such person shall not thereby be dispensed from taking any oath or oaths according to the true meaning and spirit of the law, but the Deputy Returning Officer when administering such oaths, shall change the terms thereof, in order that they may apply to the special case, of which special oaths, mention shall be made in the Poll Book; and the penalties established for perjury shall apply to any such oath in the same manner as to other oaths under the Election Laws. III. It shall be the duty of the Returning Officer and of each Deputy Returning Officer to appoint and swear any number of swear in Spe- constables which may be necessary for the maintaining of the peace and the protection of candidates and their representatives, and for securing free access to the poll; and it shall also be the duty of each said Deputy Returning Officer to certify at the head of each page under his signature, the poll-book used by him, indicating the order of each page; and he shall at the closing of each day's polling, certify on the said book and in full words the true state of the votes at such closing, of which state of the votes he shall give certified copies to any person demanding the same; and it shall be his duty to deliver the said poll-book personally to the Returning Officer; and in case he is unable so to do by sickness or otherwise, he shall mention on such poll-book Foll-Books to be specially certified, &c.; copies to be given. How to be transmitted. the |