CAP. LXXXII. Preamble The Act 18 V. c. 27, or of Act, repealed. An Act to define the Elective Franchise, to provide for the Registration of Voters, and for other purposes therein mentioned. [Sanctioned 16th August, 1858.] ER Majesty, by and with the advice and consent of the follows: 1. From the time when this Act shall come into force, the Act c. 87, and so passed in the eighteenth year of Her Majesty's Reign, chapter much of 12 V. eighty-seven, and so much of an Act passed in the twelfth any other Act, year of Her Majesty's Reign, chapter twenty-seven, and of all as is inconsis- other Acts and parts of Acts as may be contrary to or inconsistent tent with this with the provisions of this Act, shall be and the same are hereby repealed, save only and except so far as such Acts repeal the whole or any part of any other Acts, and also, save and except so far as relates to any matters or things done at any time before this Act shall come into force, all which matters and things shall remain as valid and effectual as if this Act had not been passed, and also, save and except as to the recovery and application of any penalty for any offence which shall have been committed before this Act shall come into force as aforesaid. Exceptions. QUALIFICATION OF VOTERS. 2. The following persons, (and no other persons) being of the full age of twenty-one years, and subjects of Her Majesty by birth or naturalization, and not being disqualified as holding any office or otherwise by law prevented from voting, shall, if duly registered or entered on the revised and certified list of voters according to the provisions of this Act, be entitled to vote at Elections of Members to serve in the Legislative Council or Legislative Assembly of this Province, that is to say: 1. Every male person entered on the then last AssessmentRoll, revised, corrected and in force in any City or Town entitled to send a Member or Members to the Legislative Assembly, as the owner or as the tenant or occupant of real property therein, or within the liberties thereof as bounded for municipal purposes, of the assessed value of three hundred dollars or upwards or of the assessed yearly value of thirty dollars, or upwards,--or who is entered on such last revised and corrected Assessment-Roll of any Township, Parish or Place, as the owner, tenant or occupant of any real property which is within the limits of any such City or Town for the purposes of Representation, but not for municipal purposes, of the assessed value of of two hundred dollars at least, or of the assessed yearly value of twenty dollars, or upwards,---shall be entitled to vote at any Election of a Member to represent in the Legislative Council the Electoral Division of which such City or Town forms a part,---and shall also be entitled to vote at any Election of a Member to represent in the Legislative Assembly the said City or Town subject always to the provisions hereinafter contained; send Members 2. Every male person entered on the then last Assessment- Qualification Roll, revised, corrected and in force in any Parish, Township, of Electors in places not beTown, Village or place, not being within any City or Town ing within entitled to send a Member or Members to the Legislative As- cities or towns, sembly, as the owner, tenant or occupant of real property of entitled to the assessed value of two hundred dollars or upwards, or of to the Legisthe yearly assessed value of twenty dollars or upwards, shall lative Assembe entitled to vote at any Election of a Member to represent in bly. the Legislative Council the Electoral Division of which such Parish, Township, Town, Village or place forms a part, and shall also be entitled to vote at any Election of a Member to represent in the Legislative Assembly the Electoral Division in which such Parish, Township, Town, Village or place is included: subject always to the provisions hereinafter contained; 3. Whenever two or more persons, whether as being partners In what cases in business, joint tenants or tenants in common, or par joint owners or tenants of indivis, are entered on such Assessment-Roll as aforesaid, as any property the owners of any real property, or as tenants or occupants may vote on thereof, each of such persons shall be entitled to vote and to it. be entered on the list of voters in respect of such property, if the value of his part or share be sufficient to have entitled him to vote at any Election for Members to represent in the Legislative Council or Assembly the Electoral Division within which such property is situate, if such property had been assessed in his individual name: except that if the property be held by any Exception. body Corporate, no one of the Members thereof shall be entitled to vote or be entered on the list of voters, in respect of such property; Provided that in Upper Canada such persons, Proviso. as in this sub-section mentioned, must establish their right before the Court of Revision or County Judge according to the provisions of the Assessment Laws, and be entered on the Assessment-Roll accordingly. PERSONS DISQUALIFIED FROM VOTING. 3. No Returning Officer, Deputy-Returning Officer, Election Certain offiClerk or Poll Clerk, no person disqualified to vote under the cers and perprovisions of the Statute passed in the twentieth year of Her sons not to Majesty's Reign, chapter twenty-two, and no person who, at any time either during the Election or before the Election, shall vote. Clerks of Municipalities to make lists of Electors from the assessment-rolls. As to cities and towns divided into wards. Electoral shall be employed at the said Election or in reference thereto, or for the purpose of forwarding the same, by any Candidate or by any person whomsoever, as Counsel, Agent, Attorney or Clerk at any polling place at any such Election, or in any other capacity whatever, and who shall have received or expect to receive, either before, during or after the said Election, from any candidate or from any person whomsoever, for acting in any such capacity as aforesaid, any sum of money, fee, office, place or employment, or any promise, pledge or security whatever for any sum of money, fee, office, place or employment, shall be entitled to vote at any Election of a Member of the Legislative Council or Assembly. REGISTRATION OF VOTERS AS REGARDS UPPER CANADA ONLY. 4. 1. The Clerk of each Municipality in Upper Canada shall, after the final revision and correction of the Assessment-Rolls, forthwith make a correct alphabetical list of all persons entitled to vote at the election of a Member of the Legislative Council and Assembly within such Municipality, according to the provisions of this Act, together with the number of the lot or part of lot, or other description of the real property in respect of which each of them is so qualified; and in Cities and Towns, the Clerks shall make out a separate list for each Ward, of the names with a description of the property of all parties on the Assessment-Rolls who may be entitled to vote in respect of real property situate within such Ward; and if Municipalities extending into any Municipality shall be partly in one Electoral division and more than one partly in another for the purposes of any Election, he shall make out one such alphabetical list for each of such Electoral divisions, containing the names, with such description of property, of all the parties on the Assessment-Rolls who may be entitled to vote in respect of real property situate in each Lists to be at of such Electoral divisions respectively; and the Clerk shall certify by oath or affirmation before the Judge of the County Court, or before any two Justices of the Peace, to the correctness of the list or lists so by him made out, and he shall keep such certified lists among the records of the Municipality, and shall deliver a duplicate original thereof certified by oath or affirmation as aforesaid, to the Clerk of the Peace of the County or Union of Counties within which the said Municipality shall lie; and all such lists shall be completed and delivered as aforesaid, on or before the first day of October in each year; and no person shall be admitted to vote at any Election of a Member to serve in the Legislative Council or Assembly, unless his name shall appear upon the list then last made and What question certified; and no question of qualification shall be raised at only to be any such Election, except to ascertain whether the party raised at Poll, tendering his vote is the same party intended to be designated as to qualifica in the alphabetical list aforesaid; tested, and how. Duplicates to Peace. When to be completed. No one not on such List to vote. tion. 2. Any Assessment-Roll or List of Voters shall be under- When the Roll stood to be finally revised and corrected, when it shall have or List shall been so revised and corrected by the Judge of the County be considered finally revisCourt, or other authority to whom the last appeal may be made, ed. or when the time during which such appeal may be made shall have elapsed, and not before; V. c. 182. Court of Re Amendments 3. The notice of appeal from the Court of Revision under the Notice of aptwenty-eighth section of the Act sixteenth Victoria, chapter one peal under hundred and eighty-two, may be by the Attorney or Agent sect, 28 of 16 of the party; and the decision of the County Judge or acting Judge of the County Court, under the said section, shall be final Decision of and conclusive in the case adjudicated upon, and shall be &c., to be final County Judge, binding on every Committee of the Legislative Council and and bind all Legislative Assembly respectively, appointed for the trial of parties. any Petition complaining of an undue election or return of a Member to serve in the Legislative Council or Legislative Assembly; and at the Court holden under the said section for Assessmentthe trial of appeals, the Clerk of the Municipality, or other Roll to be properson having the charge of the Assessment-Roll passed by the duced to the Court of Revision under the twenty-eighth section of the said Act, vision; shall appear and produce such Roll, and also all papers and writings in his custody, connected with the matter of appeal; and And amended when such Roll is so produced in Court, the same shall be altered according to and amended according to the decision of the Judge (if then the decision of given) who shall write his initials against any part of the said the Judge. list in which any mistake, error or omission is corrected or how certified supplied, or if the said Roll be not then produced, or the decision be not then given by the Judge, or if so ordered by the Judge, such decision and Judgment shall be certified by the Division Court Clerk to the Clerk of the Municipality, who shall forthwith alter and amend the Roll according to the same, and shall write his name against every such alteration or correction; and in all proceedings before the County Judge, or acting Judge County Judge of the County Court, under the said Act, or under, or for the to have power purposes of this Act, such Judge shall possess all such powers oath, &c. for compelling the attendance of, and for the examination on oath of all parties whether claiming or objecting, or objected to, and all other persons whatsoever, and for the production of books, papers, rolls and documents, and for the enforcement of his orders, decisions and judgments, as belong to or might be exercised by him, either in term time or vacation in the County Court, in relation to any matter or suit depending in the said Court. And the costs of any proceeding before the County Costs to be Judge as aforesaid, shall hereafter be paid by, or apportioned apportioned between the parties in such manner as the Judge shall think by the Judge fit, and costs ordered to be paid by any party claiming or objecting, or objected to, or by any Assessor Clerk, of a Municipality or other person, may be enforced by execution from the Division Court in the same manner as upon an ordinary judgment recovered in such Court; but the party appealing shall, Deposit by notwithstanding this clause, continue to deposit the sum of appellant. to examine on and how enforced. ten Assessors to ascertain owners, te ten shillings for each party appealed against, as security for the costs of Appeal. REGISTRATION OF VOTERS AS REGARDS LOWER CANADA ONLY. 5. It shall be the duty of Assessors in Lower Canada to ascertain by the best means in their power, the owner and the pants, &c., of tenant or occupant of all real property entered in the Assessproperty, and ment-Roll, and to enter the names of such owner and tenant or enter them on occupant therein, distinguishing them respectively as the owner, tenant or occupant, as the case may be : the Rolls. 'Rolls to be corrected yearly, if not made yearly. 2. But it shall be the duty of Assessors in every incorporated City, and in every local Municipality now existing or that may hereafter exist in Lower Canada, in which City or Municipality Assessment-Rolls are not required to be or shall not be made annually, to revise and correct every year until the next general Assessment-Roll shall be made, the then existing Assessment-Roll so far as regards the names of the owners and tenants or occupants of all real property, entitled under the provisions of this Act to be entered on the list of voters at the Elections of Members of the Legislative At what time. Council or Assembly; and such revision and correction shall be made annually at and during the same period of the year at and during which the original Assessment shall have been To whom to be made; and every such revised and corrected Assessment-Roll shall be delivered to the Treasurer or Secretary-Treasurer of the Municipality, in the same manner and within the same delay as the original Assessment-Roll is or shall be required to be delivered; delivered. 3. It shall be the duty of the Clerk or Treasurer or SecretaryTreasurer of every such City and of every such local Municipality, immediately after the Assessment-Roll shall have been received by the Clerk, Treasurer or Secretary-Treasurer of the Municipality, to make an Alphabetical List of the persons who shall appear by the Assessment-Roll to be qualified, under this Act, to vote at Elections of Members of the Legislative Council or Assembly, in respect of property mentioned in such Assessment-Roll, distinguishing such persons as appear qualified as owners from those qualified as tenants or occupants, and shewing the number of the lot or part of lot, or other description of the real property in respect of which they are so qualified; and in every such incorporated City, the Clerk or Secretary-Treasurer shall make out for each Ward a separate list of the above kind, of all persons who may be entitled to vote in respect of real property situate within such Ward. And if any Municipality shall be partly in one Electoral Divison and partly in another for the purposes of any such election, the Clerk or Secretary-Treasurer shall make out for each of such Electoral Divisions, one such Alphabetical List containing the names, with such description of property, of all persons |