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THE

PRINCE EDWARD ISLAND

PROVINCIAL FRANCHISE. (a)

Who may vote.

THE qualifications of voters for members of the House of Assembly, as required by the Act of the twenty-fourth year of the reign of her present Majesty, chapter thirtyfour, are in substance as follows, namely: (See also 45 Vic. c. 1).

Every voter must be a male person of the age of twenty-one years, a British subject, not subject to any legal incapacity, and must have been duly qualified for at least twelve calendar months next before the date of the writ of election (b); and must, in addition, be entitled to one or more of the following qualifications: First, for a town and royalty (excepting Princetown and royalty),

(a) This statement of qualification of voters forms part of the "Election Poll Notice" supplied by the Provincial Act. By virtue of sec. 9 of the Dominion Franchise Act, the franchise as here stated, still governs to a certain extent in Dominion Elections, and in addition, any persons entitled to be registered under that Act, but not under the Provincial laws, are entitled to the Franchise in such elections in this Province. (See "owner" and " occupant " in right of wife, “farmer's son,” son of an owner of real property," "income," etc. Dominion Franchise Act, pp.

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7, 8, 14, 15, 18, 19, 26, 28, 29, 30, 31, 32, 34, etc.) But only those entitled "at the time of the passing" of the Dominion Act, (20th July, '85,) to vote under the Provincial law, can be registered under the Dominion Act, unless they can also qualify under the latter Act; see Dom. Fran. Act.

(b) As the Dominion lists must be completed before an election can be held upon them, and such completion must in most cases necessarily take place before the Writ of Election issues; (see 57 of Dom. Fran. Act, ante,) it is plain, that residence for

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must own a freehold estate, consisting of one whole water, common, town or pasture lot, or a freehold estate, of the clear yearly value of forty shillings, consisting of a dwelling house, warehouse, shop, or other building, or of a farm or piece of land: or must be in the bona fide use and occupation or actual possession of any dwelling house, warehouse, shop, or other building, or any farm or piece of land, of the clear yearly value of forty shillings (c) the qualification to be within the town, common, or royalty, save and except as aforesaid; or who shall be an occupier of eight acres of the reserved lands as regards a vote for Georgetown. Second, for an electoral district, must own a freehold estate of the clear yearly value of forty shillings, consisting of any warehouse, shop or other building, or any farm or piece of land, or must be in the bona fide use and occupation or actual possession of any such last mentioned premises. Third, for either town or electoral district, the performance of statute labor, or payment of the commutation money for the last year the same shall have become due, next, before the day of holding the said election, together with the overseer's certificate, and a twelve months' residence in the polling division; or holding situation exempting from statute labor by Act of Assembly.

and Summer

Fourth, for the City of Charlottetown and the Com- Charlottetown mon thereof, and the Town of Summerside, the payment e. of the Provincial Poll Tax for the year immediately preceding the tests of the Writ of Election, together with

the period named, (i. e., down to date of writ) cannot be proved at the time of revision. Yet, it would not seem to have been the intention of the Dom. Franchise Act to exclude all persons who cannot qualify under that Act for this reason. (See Dom. Fran. Act, 9).

(c) Where the premises constituting a property qualification shall be owned or occupied by joint tenants, or occupants, tenants in common, co-parceners, or co-partners in trade, then not more than one of either of such description of persons, respectively, shall vote thereon, unless their individual interest therein shall be of the yearly value of forty shillings. 24 Vic., (P. E. I.) c. 34, s. 14.

cation.

Poll tax qualifi- the Collector's certificate, and a residence in Charlottetown, Common and Royalty, or the Town of Summerside, of twelve months, and in the polling division for which he claims to vote, a residence of one month next before the Writ of Election.

Where no Provincial Poll Tax

Cestui quitrust

Yearly value how estimated.

Perjury.

Fifth, for the City of Charlottetown and the Common thereof, and the Town of Summerside, where no Provincial Poll Tax is imposed, and where the voter is liable to pay Civic Poll Tax, the payment thereof in full, or of seventy-five cents on account where such Poll Tax exceeds the said sum. Such Poll Tax to be for the year immediately preceding the tests of the Writ of Election, together with the Collector's certificate, and a residence in Charlottetown, Common and Royalty, or the Town of Summerside, of twelve months, and in the polling division for which he claims to vote, a residence of twelve months next before the Writ of Election.

Every mortgagor or cestui qui trust in actual possession by himself, or his tenant, of real estate, of the yearly value of forty shillings, dower land set off and reduced into possession and value forty shillings per year.

The clear yearly value as aforesaid to be estimated by the annual value of the buildings, or by the value of agricultural or other produce yielded by the land (d).

Wilfully, falsely and corruptly swearing to any of the oaths prescribed by the Act, or procuring or suborning any person so to do, is punishable with the pains and disabilities inflicted on persons guilty of wilful and corrupt perjury.

(d) If the fee simple value amounts to £35, though the annual rent does not amount to 40 shillings, the person in possession is nevertheless entitled to vote. See 24 Vic., (P. E. I.) c. 34, s. 15.

THE

NORTH-WEST TERRITORIES

FRANCHISE.

QUALIFICATION OF VOTERS AND OF CANDIDATES AT ELECTIONS OF MEMBERS TO SIT IN THE COUNCIL OF THE NORTH-WEST TERRITORIES.

SECTIONS Seventeen and Eighteen of 43rd Victoria,
Chapter 25, known as "The North-West Territories

Act, 1880," reads as follows:

17. The persons qualified to vote at such election shall who may vote. be the bona fide male residents and householders of adult age, not being aliens or unenfranchised Indians, within the electoral district, and shall have respectively resided in such electoral district for at least twelve months immediately preceding the issue of the said writ. 18. Any person entitled to vote may be elected.

VOTERS' LISTS.

(Extracts from Proclamation of Lieutenant-Governor,

dated 5th February, 1881.

17. Should the Lieutenant-Governor not see fit to Appointment of appoint an Enumerator or Enumerators to make Lists of

Enumerators.

Enumerator to compile lists.

Completion and posting up of list.

Additions and alterations.

the electors in the Electoral District, the Returning Officer, conjointly with the nearest member of the Council of the North-West Territories, or with any two Justices of the Peace, or one Justice of the Peace and a Notary Public, or with any one of them resident in or near the Electoral District, and two electors of such. District, neither of the number being a candidate, shall appoint under their hand a competent and reliable person to be Enumerator for any one or more polling divisions of such District; and the Returning Officer shall see that no polling division is omitted to be included in one or other of such appointments.

18. It shall be the duty of each such Enumerator, immediately after nomination `day, should a poll be granted, to carefully compile a list of all the persons qualified as electors to vote at the election then pending, for the polling division, or each of the polling divisions, for which he has been appointed; and to make three plainly written copies of the same, with the names of voters alphabetically arranged, and giving the occupation and residence of each voter, as required in the form supplied to him by the Returning Officer.

19. Each Enumerator shall complete, date at his place of residence, and sign the copies of the Voters' List or Lists, as aforesaid, four days before polling day: two of the said copies for each polling division he shall forthwith post up in two of the most public places within such polling division, and the other he shall retain for revision.

20. Should any Enumerator, at any time after posting up any Voters' List and before polling day, be fully satisfied from representations made to him by any credible person, that the name of any qualified voter has

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