THE

MANITOBA PROVINCIAL FRANCHISE.

AN ACT RESPECTING THE LEGISLATIVE ASSEMBLY AND THE REPRESENTATION OF THE PEOPLE THEREIN (a), (CONSOLIDATED).

HER Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

EXPLANATORY.

I. This Act inay be known and cited as The Act How Act cited. respecting the Legislative Assembly." 38 V. c. 2, s. 1.

Act.

II. This Act shall apply not only to the Legislative Application of Assembly, but also to every election of every member

thereof, whether the same be held at the time of the general election or to fill a vacancy in the Legislative Assembly. 38 V. c. 2, s. 1.

III. In interpreting this Act, unless it be otherwise Interpretation. provided, or unless there be in the context something

which indicates a different sense, or requires another construction;

(a) Only those portions of the Act are here given which relate to the Franchise and the Voters' Lists.

"The Province"

"this Province"

Owner.

Occupant.

Tenant.

Electoral divi. sion.

Election officers

Executive
Council.

Personal expenses.

Capital letter refers to form.

(1.) The words "the Province" or "this Province" mean the Province of Manitoba; and the words "Legislative Assembly," mean the Legislative Assembly of Manitoba;

(2.) The word "owner" signifies proprietor in his own right;

(3.) The word "occupant" signifies the person who occupies immovable property otherwise than owner, but who enjoys the revenue and profits arising therefrom;

(4.) The word "tenant" means as well the person who pays rent in money as the person who is obliged to give to the owner a certain part of the revenues and profits of the real estate which he occupies;

(5.) The words "electoral division" mean any place or portion of this Province entitled to return a member of the Legislative Assembly;

(6.) The term " election officers" means the returning officer, the election clerk, and all deputy returning officers and poll clerks appointed for an election;

(7.) The words "Executive Council" mean the Executive Council of the Province of Manitoba, and the words 'Lieutenant-Governor" mean Lieutenant-Governor in

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Council;

(8.) The term, "personal expenses," employed in relation to the expenditure of a candidate, in respect of any election in which he is a candidate, means all the reasonable travelling expenses of such candidate, and his reasonable expenses at hotels, and other places, to which he may repair, for the purposes of, and in regard of such election. 38 V. c. 2, s. 2.

JV. Any form indicated by a capital letter, in the various provisions of this Act, refers to the corresponding form contained in the schedule annexed to, and

forming part of this Act, and any of the forms contained
in such schedule shall be sufficient for which it is
intended; but any other form, having substantially the
same meaning may be employed with equal effect.
V. c. 2, s. 3.

38

V. Any reference to one or more sections indicated in Reference. the provisions of this Act, without mention of the Act or statute of which such sections form part, is a reference to the sections of this Act. 38 V. c. 2, s. 4.

VI. If the time fixed by this Act for the accomplishment of any proceeding or formality, prescribed by the provisions thereof, expires or falls upon a Sunday or legal holiday, the time so fixed shall be continued to the first day following not a Sunday or holiday. 38. V. c. 2, s. 5.

Time fixed fall

ing on Sunday

or

holiday con

tinued to next day.

minister oath

cate without fee

VII. Every person before whom any oath must be Person to adtaken or affirmation made, under the provisions of this and give certifi Act, is empowered and shall be bound, whenever the same is required of him, to administer such oath or affirmation, and to give a certificate thereof without fee or reward. 38 V. c. 2, s. 6.

VOTERS' LISTS.

to be certified

and returned to

clerk of E. C.

XXXIV. The list of electors now or hereafter com- List of electors piled according to law, certified and returned to the clerk of the executive council, by the clerks of the respective municipalities, incorporated cities and towns, shall be held and taken to be the electoral lists of the Province, and of the several electoral divisions thereof, until the same are superseded by new or succeeding lists, certified and returned to the clerk of the executive council as hereinafter provided.

Clerk to make alphabetical list.

List to distinguish owners or lessees.

Clerk to omit

from list any

XXXV. On or before the fifteenth day of August in each year, the clerk of the municipality of each city, town or municipality shall make a list in alphabetical order of all persons who, according to the valuation roll. then in force in the municipality for local purposes and as then revised for local purposes, appear to be electors by reason of the real estate possessed or occupied by them as tenants or otherwise within the city, town or municipality.

XXXVI. The clerk, in drawing up the list of electors, shall distinguish the persons who appear to be qualified as owners from those who appear to be qualified as lessees or occupants, and shall specify the persons who reside in such city, town or municipality, from those who are not residents therein.

XXXVII. The clerk shall omit from the list of electors person not enti every person who under cap. three, section sixty-five of the consolidated statutes, is not entitled to vote.

tled to vote.

When municipality is partly in one division and partly in another.

When a person is an elector in

XXXVIII. If any municipality is situated partly in one electoral division and partly in another, the clerks of each municipality shall prepare in the same manner for each of such electoral divisions, an alphabetical list of the persons who are electors therein.

XXXIX. If a person is an elector in more than one more than one Ward in an electoral division, his name shall be entered in the list of each ward of such electoral division in which he is an elector.

ward.

Clerk to certify

to the correctness of list.

Oath.

XL. The clerk shall certify the correctness of the list of electors by him made by the following oath, taken before a justice of the peace:

I (name of Clerk) swear, that, to the best of my knowledge and belief, the foregoing list of electors is

correct, and that nothing has been inserted therein, or omitted therefrom, unduly or by fraud: So help me God."

attested.

XLI. Each list must be attested under the foregoing Each list to be oath. The list so attested shall be kept in the office of the clerk, at the disposal, and for the information of all persons interested.

lish public

XLII. The clerk, on the day upon which he shall take Clerk to pub the oath required by this Act shall give and publish notice. public notice, setting forth that the list of electors has been prepared according to law, and has been lodged in his office, at the disposal and for the information of all persons interested; and it shall be the duty of the clerk, on or before the twenty-fifth day of August, to post up in every postoffice and schoolhouse in the municipality, and in the office of the clerk of the county court for the municipality a certified copy of said list: provided Proviso. always such clerk shall furnish to any person on application for the same a certified copy of such list on payment of five cents for every ten names therein.

not made alphabetical list.

XLIII. If the clerk has not made the alphabetic list when clerk has of electors required by this Act, then the judge of the county court, on summary petition from the warden, or mayor, or councillor, or other person entitled to be entered as an elector, shall appoint a clerk ad hoc to prepare the alphabetical list of electors.

ble for costs.

XLIV. The clerk shall be personally liable for the Clerk to be lia costs incurred on such petition, and for those incurred in drawing up the list by the clerk ad hoc, unless the judge, for special reasons, deem it advisable to order otherwise, and in such case the costs shall be left at his discretion. XLV. The clerk ad hoc shall proceed, within fifteen Clerk to prepare days after notice of his appointment, to the preparation days of his ap

list within 15