Returning Officer is hereby empowered and required to administer but no Voter taking any one of the said oaths or affirmations, shall be required to take any of the oaths in the Schedule to the Elections Act of 1849, or any other oath or affirmation whatever, in order to have his vote received by the Deputy Returning Officer. inconsistent VII. So much of the Elections Act of 1849, as would Provisions of disqualify as a Voter any person qualified by this Act, or Elections Act would require that the property in respect of which he claims of 1849 not the right of voting should be of the required actual or yearly with this Act value over and above all rents and charges payable out of or to apply to affecting the same, or should have been held by such Voter fed to vote by persons qualiduring a certain time previous to the Election, or that he be this Act. resident in any place at the time of the Election, or should have resided in any place during a certain time previous to the Election, or that any rent should have 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hereby prescribed to be taken by such Voter, or as may be in any way inconsistent with this Act, shall be and is hereby repealed, but shall remain in force as regards persons claiming to vote at such Election as being qualified, to vote thereat under the said Elections Act of 1849, all the provisions whereof obliging the Voter (if required) to describe the property in respect of which he claims the right of voting, the legal consequences and 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 Form of Poll Book, &c., property in respect of which they claim the right of voting, and may be varied in so far as may not be inconsistent with the provisions of this to agree with Act, its provisions shall be construed and have effect as if they this Act. 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. but within VIII. All persons claiming to vote at any Election to be held Voters upon at any time whatever for any City or Town in Lower Canada property withdivided into Wards, upon property which is not within such out Municipal City or Town as bounded for Municipal purposes, but is within Representathe same as bounded for purposes of representation, shall tion limits of respectively vote in that Ward, and that Ward only, which Towns, to shall be assigned by the Returning Officer for that purpose, by vote in Wards a Proclamation to be issued by him before the first polling day, assigned by Cities and Returning after establish ed, in certain and assigning the Ward or Wards in which property situated as aforesaid shall be deemed to be included for the purposes of such Election. "Municipa IX. In construing this Act, in so far as it relates to Lower lity in L. C. Canada, the word "Municipality " whenever it is intended to to signify any Municipality, apply to any other Municipalities than those of Counties and Township or Unions or Subdivisions of Counties for Municipal purposes, Parish here shall be construed as applying to and including any Parish, Township or other Municipality which may hereafter be established in 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. cases. Short title of this Act, and of 12 V. c. 27. X. This Act shall be known as The Elective Franchise Extension Act, and the said Act passed in the twelfth year of Her Majesty's Reign and cited in the Second Section of this Act, shall be known as The Elections Act of 1849, and 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 whatsoever. 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 have been for six months or more immediately preceding this day, and 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 there for (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 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 have been for six months or more immediately preceding this day, and 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 Law to affirm in civil cases, you solemnly affirm) that you have been for six months or more immediately preceding this day, and 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 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 22* the Crown therefor (except Seigniorial dues) is now overdue and unpaid, that you are a Subject of Her Majesty by birth, (for 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 lenant 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 bound 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 have been for six months and more immediately preceding this day, and 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. CAP. CAP. LXXXVIII. An Act to alter the mode of drawing up the Provincial [Assented to 30th May, 1855.] HEREAS the form in which the Provincial Statutes are drawn up is needlessly prolix, rendering their publication too expensive, and tending to create confusion in the laws, in lieu of facilitating their comprehension; And whereas the recital in the Preamble, at the beginning of each Statute, of the authority by virtue of which it is passed, may be made shorter: 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: Preamble: I. Hereafter, the following words inserted in the Preamble New form of Statutes and indicating the authority by virtue of which they of enacting are passed: "Be it therefore enacted by the Queen's Most clause. "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:" shall be abolished and replaced by the words following, "Her Ma"jesty, by and with the advice and consent of the Legislative "Council and Assembly of Canada, enacts, as follows:" II. After the insertion of these words which shall follow the Acts to be con setting forth of the considerations or reasons upon which the cise and clear. law is grounded, and which shall with these considerations or reasons constitute the entire Preamble, the various clauses of the Statute shall follow in a concise and enunciative form. САР. |