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Amends Form 4.
to be admitted. And in case the Judge determines that no other person was duly elected instead of the person removed, the Judge shall order a new election to be held, and his order may contain all necessary directions for the holding of such election. There shall be an appeal to the Court of Appeal from such judgment, and upon said appeal the Court of Appeal shall have all the powers conferred upon the Judge."
11. Clause 4 of Form 4 in the Schedule is hereby amended by substituting "(158)" for "(157)" in the second last line.
Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.
[1st March, 1913.]
IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
R.S.B.C. 1911, c. 72; 1912, c. 9.
1. This Act may be cited as the "Provincial Elections Act Amend- Short title. ment Act, 1913."
2. Section 4 of the "Provincial Elections Act," being chapter 72 Amends s. 4. of the "Revised Statutes of British Columbia, 1911," is hereby amended by striking out the last five lines thereof.
3. Section 7 of said chapter 72 is hereby repealed, and the follow- Re-enacts s. 7. ing is substituted therefor:
7. Chinamen, Japanese, Hindus, and Indians are disqualified and prohibited from voting at any election and from making application to have their names inserted in any register of voters."
4. Subsection (1) of section 11 of said chapter 72 and section 3 of chapter 9 of the Statutes of 1912 are hereby repealed, and the following is substituted therefor :
"11. (1.) The Lieutenant-Governor in Council shall appoint for each electoral district, or for any polling or polling divisions of an electoral district, a person to be Registrar of Voters, and among other duties it shall be the duty of the Registrar
"(a.) To furnish to any one applying for the same any of the first three forms in the Schedule hereto, without charge: "(b.) To receive from any person offering the same a sworn affidavit in writing in support of an application to vote
in the Form A in the Schedule hereto, and to insert the
Registrar of Voters,
First register to be certified.
name of such person in a list of persons claiming to vote, which list shall be posted up in the office of such Registrar, and a copy thereof shall be placed in some conspicuous place on the outside of the door of such office; and such list shall be according to Form D in the Schedule hereto : "The Registrar shall not insert the name of any person upon such list unless the said Form A as furnished is in accordance with this Act, and shows such person to be entitled to be placed on the register of voters: Provided, however, that a Minister of the Crown shall, on application and without any affidavit in support thereof, be entitled to have his name placed on the register of voters for any one electoral district in the Province:
"Any person, other than the said Registrar, who shall remove or cause to be removed from the said office, or from the said door, the said list or any part thereof shall be liable to a penalty of not less than five dollars or more than fifty dollars for each offence, to be recovered on complaint of any person under the provisions of the 'Summary Convictions Act':
"The said list of persons claiming to vote shall be suspended from and after the first Monday in April and October of each year, and all applications to vote received after the said first Monday in April and October shall be held over until after the Courts of Revision provided for in subsection (c) hereof respectively, when they shall be posted up as provided in subsection (b) hereof:
"(c.) To hold a Court of Revision on the third Monday of May and November in each and every year, of which one month's notice shall be given by him; such notice shall be published in the Gazette, and copies of such notice shall be posted in the office of such Registrar, and on the door of the principal Court-house of the electoral district, and in not less than three conspicuous places within the district for which, or for the polling division whereof, he shall have been appointed."
5. Said section 11 is hereby further amended by striking out all the words after the word "objection" in the last sentence of subsection (a) of subsection (2); and by substituting the following for subsection (5): "(5.) In the case of the first register of voters, the same, made up as above, shall be certified to by the said Registrar, and forwarded forthwith to the Provincial Secretary, who may order the same to be printed, and the said register of voters shall be the list used at any election which may take place before the next revision has been completed"; and by substituting the following
for the last nine words of subsection (6): "to the Provincial Secretary, and the same may be printed by order of the LieutenantGovernor in Council."
6. Said chapter 72 is hereby further amended by adding after section 11 the following:
11A. If the Registrar holding a Court of Revision entertains a Appearance of applicant in person. doubt as to whether any application to be placed on the voters' list should be accepted, or if he is not satisfied with the evidence produced as to the nationality of the applicant or as to his having become a naturalized subject, he may on reasonable notice require such applicant to appear before him in person for the purpose of proving his right to be placed on the register of voters; and if the applicant does not produce satisfactory proof or fails to appear at the time and place mentioned in the notice, his application may be struck out."
7. Section 19 of said chapter 72 is hereby repealed, and the following is substituted therefor:-
"19. The Lieutenant-Governor in Council may appoint any person Lieut-Governor may appoint who is a British subject, and whose name is on the register of voters Provincial Election Commissioners. prepared under the provisions of this Act, as a Provincial Election Commissioner for a limited period, without payment of any fee, for the purpose of taking the affidavits provided for in subsection (1) (b) of section 11 hereof in the electoral district in which he resides; but no fee shall be charged for taking such affidavit."
8. The next preceding section shall come into effect on the thirty- Commencement. first day of December, 1913.
9. Section 20 of said chapter 72 is hereby repealed, and the Re-enacts s. 20. following is substituted therefor :
supplied by King's
"20. Registers of voters for any electoral district shall, when Voters' list to be printed, be furnished by the King's Printer for the sum of twenty- Printer. five cents each. Written copies of the register of voters, or any part thereof, shall be furnished by the Registrar of Voters for the sum of twenty-five cents per one hundred words."
10. Form D in the Schedule to said chapter 72 is struck out, and Amends Schedule. the following is substituted therefor:
1. Black, James Andrew, Parson's Bridge, mason.
2. Doe, John, Sooke River, Sec. 47, Sooke District, farmer.
3. Roe, Richard Samuel, 146 Royal Avenue, Esquimalt, bank clerk.
N.B.-Insert Christian name and surname at full length, residence and profession, trade or calling.
Cancellation of lists.
Date of affidavit.
When cancelled lists may be used.
11. (1.) On the third day of March, 1913, the present authorized voters' lists shall be cancelled, and thereafter shall not, except as hereinafter mentioned, be used at any election to be held in the Province; and on the passing of this Act the Registrars of Voters for the different electoral districts or polling divisions shall forthwith cause notices in the form in the Schedule hereto, or to the like effect, to be posted in conspicuous places in their respective electoral districts or polling divisions, and to be advertised, for such time as may be directed by the Lieutenant-Governor in Council, in a newspaper or newspapers published and circulating in such electoral districts respectively, or if no newspaper be published in any electoral district, then in a newspaper published in the Province and circulating in such electoral district.
(2.) No application and no affidavit shall be received or accepted by any Registrar of Voters or be considered at any Court of Revision unless it be made and dated subsequently to the third day of March, 1913.
(3.) Notwithstanding anything in this section contained, the voters' lists by this Act cancelled shall be the lists of voters to be used at any election that may be held prior to the certification and printing of the first register of voters prepared under authority of this Act.
12. Notwithstanding the cancellation of the voters' lists as provided for in the next preceding section, the persons who on the date of the passing of this Act are Commissioners by virtue of their appointment under section 19 of said chapter 72 shall continue to be Commissioners until the thirty-first day of December, 1913; and after the passing of this Act the Lieutenant-Governor in Council may appoint any person who is a British subject, and whose name is on any register of voters that is cancelled pursuant to this Act, to be a Commissioner for the purpose mentioned in said section 19 until the said thirty-first day of December.