effect of any other Act pas sed this Session touching any of the said Acts.. 12 V. c. 97. 9 V. c. 12. 10 & 11 V. e. 38. Preamble. 7 Y. e. 65. any further period than that herein appointed, any of the Acts or Ordinances hereinbefore mentioned and continued; nor continue any provision or part of any of the Acts or Ordinances in this Act mentioned, which may have been repealed by any Act passed during the present Session, or in any previous Session. VI. The period limited by the Act of the Parliament of this Province, passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to amend the Acts passed to remedy certain defects in the Registration of Titles in the County of Hastings, as that within which it shall be lawful for the Registrar or Deputy Registrar of the County of Hastings to receive and index any memorial, under the authority of the Act of the said Parliament, passed in the ninth year of Her Majesty's Reign, and intituled, An Act to remedy certain defects in the Registration of Titles in the County of Hastings, in Upper Canada, or of the Act of the said Parliament, passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, and intituled, An Act to alter and amend an Act, intituled, An Act to remedy certain defects in the Registration of Titles in the County of Hastings, in Upper Canada,' or to endorse any Deed, Conveyance, Will or Probate, to which such memorial relates, shall be and is hereby extended to the said first day of January, one thousand eight hundred and fifty-six, and thence until the end of the then next ensuing Session of the Provincial Parliament. W CAP. LXXXVI. An Act to amend the Act for better securing the Inde- Government of Canada, and it is hereby declared and enacted by the authority of the same, as follows: before the Election. first Election I. It is and shall be lawful for a warrant to issue to the Clerk In what case of the Crown in Chancery for the issuing of a new writ for the a new Writ election of a Member to fill up any vacancy arising subsequently may issue to a General Election and before the meeting of Parliament as Meeting of aforesaid, by reason of the death of or acceptance of office by Parliament any Member of the said Legislative Assembly, at any time after a General after such death or acceptance of office: Provided always, that any election so to be held shall not in any manner affect the Proviso: the rights of any person or persons who may be entitled to contest may be con such previous election; and the report of any Election Com- tested, and if mittee appointed to determine the merits of such previous elec- succeed, it tion, shall determine whether the Member who shall have so shall void the accepted an office of profit or emolument under the Crown, or second Elecany other person, was duly returned or elected thereat, which determination, if adverse to the return of such Member, and in favor of any other candidate, shall avoid the Election held under this Act, and the candidate declared duly elected at the previous election shall be entitled to take his seat as if no such second election had been held under this Act. the contest tion also. crative office II. No person holding any office at the nomination of the No person Crown in this Province, to which an annual salary or any holding a luallowance, fees or emoluments in lieu of an annual salary are under the attached, shall be eligible as a Member of the said Legislative Crown to be Assembly; and any Member of the said Legislative Assembly eligible. who shall accept of any such office shall thereby vacate his seat: Provided always, that nothing in this section contained shall Proviso: cerrender ineligible as aforesaid, any person who shall be a Mem- tain offices ber of the Executive Council of this Province, or who shall fill excepted. any of the following offices, that is to say, of Receiver General, Inspector General, Secretary of the Province, Commissioner of Crown Lands, Attorney General, Solicitor General, Commissioner of Public Works, President of Committees of the Executive Council or Postmaster General. Certain Offi. another with III. Whenever any person holding any one of the following cfices, that is to say, of Receiver General, Inspector General, cers may va Secretary of the Province, Commissioner of Crown Lands, cate one office Attorney General, Solicitor General, Commissioner of Public and accept Works, President of Committees of the Executive Council, or in a certain Postmaster General, and being at the same time a Member of time without the Legislative Assembly, shall resign his office, and within vacating their one month after his resignation accept any other of the said offices, he shall not thereby vacate his seat in the said Assembly; any law, use or custom to the contrary notwithstanding. seats. IV. The Act passed in the sixteenth year of Her Majesty, 16 V. c. 154, and intituled, An Act to amend the Act for better securing the repealed. independence of the Legislative Assembly of this Province, shall be, and the same is hereby repealed. САР. CAP. LXXXVII. Preamble. An Act to repeal two certain Acts therein mentioned, and to extend the Elective Franchise of this Province. [Assented to 30th May, 1855.] WHEREAS it is expedient to repeal the Act passed in the sixteenth year of Her Majesty's Reign, intituled, An 16 V. c. 153. Act to extend the Elective Franchise, and better to define the qualifications of Voters in certain Electoral Divisions, by providing a system for the registration of Voters, and the Act amending the same, passed in the eighteenth year of Her Majesty's Reign, and it is necessary better to provide for the extension of the Elective Franchise to the classes of persons in the said Acts mentioned: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: Acts 16 V. c. V. c. 7, re pealed. I. The Act passed in the sixteenth year of Her Majesty's 153, and 18 Reign, intituled, An Act to extend the Elective Franchise, and better to define the qualifications of Voters in certain Electoral Divisions, by providing a system for the registration of Voters, and the Act passed in the eighteenth year of Her Majesty's Reign, intituled, An Act to amend an Act intituled, An Act to extend the Elective Franchise, and better to define the qualifications of Voters in certain Electoral Divisions by providing a system for the registration of Voters,' shall be and the same are hereby repealed. Owners, &c., 6 II. In addition to the persons qualified as Voters under the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to repeal certain Acts therein mentioned and to amend, consolidate and reduce into one Act the several statutory provisions now in force for the regulation of Elections of Members to represent the People of this Province in the Legislative Assembly thereof, hereinafter called, "The Elections Act of 1849," the following persons, being of the full age of twentyone 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 be entitled to vote at Elections of Members to serve in the Legislative Assembly of this Province. Every male person having been for six months or more of property, previous to, and being at the time of tendering his vote at such Election, the legal and bona fide owner or freeholder, within Muni value, or year holder, or the legal and bond fide tenant or occupant of real cipal limits of property within any City or Town entitled to send a Member Cities and or Members to the Legislative Assembly of this Province, (or Towns of £75 in Upper Canada within any City, and the liberties thereof) as ly value of £7 bounded for Municipal purposes, of the actual value of seventy- 10s. entitled five pounds or upwards, or of the yearly value of seven pounds to vote. and ten shillings or upwards, or having been for six months or Owners, &c., more previous to, and being at the said time such owner, of property tenant or occupant of any real property which is within nicipal but the limits of such City or Town for the purposes of Repre- within Representation, but not for Municipal purposes, of the actual value sentation of fifty pounds or upwards, or of the yearly value of five pounds value of £50, or upwards, shall be entitled to vote at any such Election of a or yearly va Member or Members to represent such City or Town as afore- titled to vote. said; subject always to the provisions hereinafter made : withont Mu limits of the lue of £5, en. Towns, en Every male person having been for six months or more Owners or Teprevious to, and being at the time of tendering his vote nants of proat such Election, the legal and bonâ fide owner or freeholder, or perty of value of £50, withthe legal and bona fide tenant or occupant of real property of the actual value of fifty pounds or upwards, or of the yearly of Cities and value of five pounds or upwards in any Parish, Township, titled to vote Town, Village or Place, not being within any City or Town for Couuty. entitled to send a Member or Members to the said Legislative Assembly, shall be entitled to vote at any Election of a Member to represent the Electoral Division in which such Parish, Township, Town, Village or Place, is included; subject always to the provisions hereinafter made: Provided that no person shall be entitled by virtue of this Proviso as to Act to vote as the tenant or occupant of any real property, unless term of lease. his then lease thereof was originally for a term of not less than one year, or his right of occupation be such as hereinafter required; and that persons voting by virtue of this Act, as tenants or occupants of real property shall vote in the ward or place in which such property shall lie; and no person shall Who shall be be deemed the occupant of real property within the meaning deemed Occuof this Act, unless he shall occupy the same with the consent Pant of real property with. of the Crown or of the owner of such property, and with the in the meanintent that he shall, on the performance of certain conditions, ing of this Act. obtain the title to and become the owner of such property. may vote if III. Whenever two or more persons shall, whether as being In case of Joint partners in business, joint tenants or tenants in common Owners or Teor par indivis, be the owners of any real property or the nants, each tenants or occupants thereof, each of such persons shall his share be be entitled to vote in respect of such property, if the actual or sufficient. yearly value of his part or share would be sufficient to entitle him under this Act to vote at an Election of a Member to represent in the Provincial Parliament the Electoral Division in Members of Bodies Corpowhich such property is situate, if such share were held by him rate not enseparately; except, that if the property be held by a Body titled to vote Corporate, in respect of Corporate, no one of the Members thereof shall be thereby enshare therein. titled to vote in respect thereof or of any share therein. Proviso: con. under Elections Act of 1849. IV. Provided always and be it enacted, That in Lower Catinuing privi nada all persons who, without this Act, would under the Act lege to persons entitled to vote passed in the twelfth year of Her Majesty's Reign cited in the second section of this Act and hereinafter called "The Elections Act of 1849," be qualified to vote at any Election of a Member of the Legislative Assembly, in respect of property lying elsewhere than in the City of Quebec or the City of Montreal, as bounded for Municipal purposes, shall be entitled to vote at such election, notwithstanding any thing in this Act, but subject to the provisions hereinafter made. Persons dis case of nonpayment of rents or instai the Crown upon property V. No person shall, either under the provisions of this Act qualified from or those of The Elections Act of 1849, cited in the second voting under either Act in section of this Act, be held qualified to vote at any such Election as aforesaid, as the owner or as the tenant or occupant of any real property on which any instalment of purchase ments due to money or any rent or other sum of money which he may have undertaken to pay to the Crown therefor (except seigniorial rents and dues) shall be overdue and unpaid, or as the owner, in right of which they tenant or occupant of any real property belonging to the Crown, claim to vote. and which he shall hold or occupy without authority from the Crown, whatever be the value of such property and any person claiming the right of voting as a proprietor or freeholder under the Elections Act of 1849, shall, if required by any Candidate, or the Agent of any Candidate, or by the Deputy Returning Officer, take the oath or affirmation No. 5 in the Schedule to this Act, in addition to any other oath which he may be legally required to take: and the Deputy Returning Officer is hereby empowered and required to administer the said oath or affirmation. Oath to be taken if required. Duty of Returning Offi cers with res pect to administering the oaths in the Schedule to this Act. VI. Provided always, that the Deputy Returning Officer at any such Election of a Member or Members of the Legislative Assembly shall not receive the vote of any person claiming the right to vote as being qualified and entitled so to do under this Act, unless such person shall, if required by any Candidate, or the Agent of any Candidate, or by the Deputy Returning Officer, take the oath or aflirmation No. 1, in the Schedule to this Act, if such Voter claims to be entitled to vote as the owner of property situate within the Municipal limits of any City or Town entitled to send a Member or Members to the Legislative Assembly of this Province,—the oath or affirmation No. 2 if he claims to be entitled to vote as the tenant or occupant of property situate as last aforesaid, the oath or affirmation No. 3 if he claims to be entitled to vote as the owner of property situate elsewhere than within the Municipal limits of any such City or Town,--and the oath or affirmation No. 4 if he claims to be entitled to vote as the tenant or occupant of property situate as last aforesaid; any of which oaths or affirmations the Deputy Returning |