CAP. XXIX.

An Act respecting the Election of Members of the
Legislative Assembly.

e. 2.500.

C.25.530.

HER

[Assented to 28th May, 1886.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as

follows:

Short title.

Interpretation

of terms.

"Province.."

"Lieutenant-
Governor."

"Executive
Council."

"Legislative
Assembly."

"Electoral Division,"

"Election."

"Election
Officers."

"Writ."

EXPLANATORY.

1. This Act shall be known and may be referred to and cited as "The Election Act of Manitoba, 1886."

2. In interpreting this Act, unless it be otherwise provided, or unless there be in the context something which indicates a different sense or requires another construction:—

(1). "The Province" or "this Province" means the Province of Manitoba; and

(2). "Lieutenant-Governor" means Lieutenant-Governor-inCouncil; and

(3). "Executive Council" means the Executive Council of the Province; and—

(4). "Legislative Assembly" means the Legislative Assembly of Manitoba; and

(5). "Electoral division" means any place (consisting of or comprising any city, town, county, township, parish, district, or municipality, or portion thereof) in Manitoba, entitled to return a member to the Legislative Assembly of this Province; and

(6). "Election" means an election of a member to serve in the Legislative Assembly; and—

(7). "Election officers" means the returning officer, the election clerk, and all deputy returning officers and poll clerks appointed for an election; and—

(8). "Writ" means the document issued by the LieutenantGovernor commanding or requiring the holding of an election or elections under the provisions of this Act; and

(9). "Elector" means a person possessed of the necessary "Elector." qualifications as such and being registered on any List of Électors for the election of members of the Legislative Assembly of this Province, under the provisions of this Act; and

Electors."

(10). "Register of Electors" means the book kept by an "Register of enumerator, containing the list or lists of Electors in an Electoral Division; and

Electors."

(11). "List of Electors" means the list of registered electors "List of to be prepared and revised under the provisions of this Act, for each ward, parish, township or portion of territory, when finally revised, except when the first general list or unrevised list is specially mentioned or referred to; and

(12). "Poll" means the place where votes are recorded at an “Poll.” election; and

Division."

(13). "Polling division" means the ward, municipality or "Polling other territorial divison where and for which a poll is held; and

(14). “Voter” means an elector voting or who has voted at "Voter." an election; and

(15). "Polling day" means the day fixed for voting at an "Polling day.” election; and—

(16). “Voting" or "to vote" means voting and to vote at "Voting." the election of a member to serve in the Legislative Assembly "To vote," of Manitoba; and

Voters."

(17). "List of Voters" means the list of electors who have "List of voted at an election of a member of the Legislative Assembly; and

(18). "Owner," when it relates to the ownership of real "Owner." property means the proprietor either in his own right or for his own benefit, or if such proprietor be a married man it means the proprietor in his own right, or in the right of his wife, or in the right of his minor children, of freehold estate, legal or equitable, in lands and tenements held in free and common soccage of which such person is in actual possession or is in receipt of the rents and profits; and

(19). "Owner's Son" means any male person not otherwise "Owner's Son" qualified to vote and being the son of an owner and occupant

of real property, and includes a grand-son, step-son or son-inlaw; and

"Father." 64 io her.'

"Tenant."

"Occupant."

"Real Property."

"Actual value" "Value."

"Hour."

"O'Clock."

"Day."

"Month."

Year."

"Legal Holiday."

"City."

(20). "Father" includes grand-father, step-father and fatherin-law, and "Mother" includes grand-mother, step-mother and mother-in-law; and—

(21). "Tenant" means as well a person who is bound to render to his landlord some portion of the produce or of the revenues or profits of the property leased, in lieu of rent, as a person who pays rent in money therefor; and

(22). "Occupant" means a person in actual occupation of real property otherwise than as "owner or "tenant", in his own right, or in the case of a married man, in his own right or in the right of his wife, or in the right of his minor children, if a widower, and who receives to his and benefit the revenues and profits thereof; and—

own use

(23). "Real Property " means a lot or portion of a lot of land, or a house, store, office or building of any description whatsoever, or any portion thereof, situate upon a lot or portion of a lot of land, and forming part of the property; and

(24). "Actual value" or "value" means the then present market value of any real property, if sold upon the ordinary terms of sale, in respect of which any person claims to be qualified, whether as owner, tenant, occupant or owner's son as determined by the enumerator, upon the best information in his possession; and

(25). "Hour" means the one twenty-fourth part of a natural day; and

(26). "O'Clock" means the hour of day as marked by the clock according to the mean solar time; and

(27). "Day" means a space of twenty-four hours between twelve o'clock at night till twelve o'clock of the night following; and

(28). "Month" means a calendar month; and—

(29). "Year" means a calendar year; and—

(30). "Legal Holiday" means any day mentioned as such in Sub-section (15), clause vii, of "The Interpretation Act of Manitoba" or any amendments thereto; and—

(31). "City" means a place incorporated as a city, by or under any Act of the Legislature of this Province; and

(32). "Town" means a place incorporated as a town, by or "Town." under any Act of the Legislature of this Province; and

(33). "Municipality" means a rural municipality according 'Municipality' to the territorial divisions made under the Manitoba Munici

pal Act or any Act or Acts amending or consolidating the same; and

(34). "Parish means a Parish or settlement division sur- "Parish." veyed especially as such, apart from townships, according to

the Dominion Government official survey of the Province of Manitoba; and—

(35). "Township" means a township division according to "Township." the Dominion Government official survey of the Province of Manitoba; and

(36). "Ward" means a sub-division of a city or town made “ Ward.” and approved as provided by or under any Statute in force in this Province; and

Territory."

(37). "Unorganized Territory" means such portions of the "Unorganized Province not comprised within the limits of an incorporated city, town or municipality; and—

(38). "The Enumerator" means any person appointed for "Enumerator' the place referred to in the context, and empowered to perform the duty required ; and—

(39). "County Judge" means one of the Judges appointed "County to preside over a county court in the Province; and

Judge."

(40). "Justice of the Peace" means a Justice of the Peace "Justice of the for the Province of Manitoba; and

(41). "Person" means a male person; and—

Peace."

"Person."

(42). "Dollar" means the sum of one dollar current money "Dollar." of Canada; and—

(43). “Clause” means a section of this Act; and—

Clause.'

(44). "Schedule" means an addendum to the clauses of this "Schedule.” Act; and

(46.) "Corrupt practice" means bribery, treating, hiring Corrupt and undue influence, or any of such offences as defined by this practice." or any other Act of the Legislature; and

"Candidate."

Reference to forms.

Use of forms.

Informalities

(47). "Candidate" means a person who has either privately or publicly made known his intention or desire to be nominated at an election with a view of being elected as a member of the Legislative Assembly of this Province and who afterwards is nominated,

3. Any form indicated by one or more capital letters, in the various clauses of this Act refers to the corresponding form contained in the Schedule annexed to this Act.

4. Any of the forms contained in the Schedule of this Act is sufficient in the case for which it is intended. Any other form, having the same meaning, may be employed with equal effect.

5. No election shall, except as under clause 85, be declared date election invalid for non-compliance with the formalities contained in this Act, or for any mistake in the use of some of the forms, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Act and that such non-compliance or mistake did not affect the result of the election.

6. Any reference to one or more clauses indicated in the provisions of this Act, without mention of the chapter or statute of which such clauses form part, is a reference to the clauses of this Act.

7. 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 next day, not being a Sunday or a holiday.

8. Every person before whom any oath must be taken or affirmation made, under the terms of this 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.

Members.

REPRESENTATION.

HOW PROVIDED.

9. Each of the electoral divisions of this Province, for the time being, shall be entitled to return one member to serve in the Legislative Assembly of Manitoba, whose election shall be held as hereinafter provided."