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Revising Officer for the electoral district (or part of
the electoral district of

G.

(See S. 24.)

Notice by Revising Officer of Final Revision of Lists of Voters for each Polling District.

The revising officer for the electoral district (or part of the electoral district) of in the Province of

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under "The Electoral Franchise Act," hereby gives

notice that he will hold a sitting on the

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day of

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district, for the final revision of the list of voters for polling district No. of the said electoral district.

All objections and claims for additions to or amendment of the said list, with the grounds therefor, and the name, addition and post office address of the person objecting to any name on the list, or claiming to add to or amend the list in any other respect, unless the same have already been sent or delivered at the preliminary revision of the said list, must be delivered to the said revising officer at , or sent to him by registered letter, addressed

before the

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day of

to him at 188 in the same form, as nearly as may be, as of notice of complaint, in the schedule to "The Electoral Franchise Act."

If the objection be to the name of any person already on the list, the person so objecting must, at the same time, deliver or mail by registered letter to the person so objected to, at his last known address, a copy of the notice of objection.

Dated

188

A. B.,

Revising Officer for the electoral district (or part of the electoral district) of

H.

(See Ss. 29 and 37.)

Notice to be published in the Canada Gazette by the Clerk of the Crown in Chancery.

Notice is hereby given that I have received the lists of voters, finally revised, for all the polling districts of the electoral district under "The Electoral

of

Franchise Act."

Dated

for the year

188

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You are hereby required and summoned personally to attend before me, the undersigned revising officer, on

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the

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then and there to testify what you may know concerning the then to be investigated by me as such revising officer, and so on from day to day, and you shall bring with you the papers herein particularly described, that is to say:

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Revising Officer for the electoral district (or part of the

electoral district) of

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RESOLUTIONS OF ONTARIO REVISING OFFICERS.

At a meeting of Ontario Revising Officers, appointed under The Dominion Franchise Act, held at Toronto on Monday, November 9th, 1885, the following were present:-Judges Hughes, Elgin; Elliott, Middlesex; Macpherson, Grey; Miller, Halton; Bell, Kent; Dennistoun, Peterboro'; Barrett, Bruce; Boys, Simcoe; Finkle, Oxford; Carmen, Stormont and Glengarry; Senkler, Lincoln; Baxter, Welland; Woods, Kent; Burnham, Ontario; Dartnell, Ontario; McCarthy, Dufferin ; Sinclair, Wentworth; Dean, Victoria; Doyle, Huron; Drew, Wellington; Lane, Grey; Lacourse, Waterloo; Benson, Northumberland and Durham; McDougall, and Morgan, York; Scott, Peel; Upper, Haldimand; and Messrs. J. Grayden Smith, North Perth ; Bell, Hamilton; Mahaffy, Muskoka; and Boyd, Toronto.

Judge Jones, of Brant, was moved into the chair and Judge McDougall appointed Secretary.

A debate took place upon Section 15 of the Franchise Act, when the following resolutions were adopted to regulate the action of the Revising-officers in their practice thereunder :

Resolved, "That in the organized districts no name shall be added to the preliminary list which does not appear in the last revised assessment roll or last revised list of voters, unless an application is made in writing by the person desiring to be added or by some one on his behalf, disclosing grounds which would prima facie entitle him to be put on the preliminary voters' list, and the said application be filed with the Revising-officer.

Resolved,-"That the Revising-officer, in receiving the application mentioned in the next preceding resolution, shall only act upon the same when it is supported by a statutory declaration, or such other evidence as may reasonably satisfy the mind of such Revising-officer.

Resolved, “That in Indian Reserves the Revising-officer describe the voter's property on which he votes as the part of the Indian Reserve named, occupied, and possessed by the said voter, or such better description as he can give.'

A discussion upon the practice that should prevail under Sections 19 and 20 of the Franchise Act as to the revision of the preliminary list took place, resulting in the following resolution :

:

"Under sections 19 and 20 it would appear that evidence cannot be heard to support objections to strike names off the preliminary list of voters, but to settle all doubts on the question, it is Resolred,—That as a matter of practice it is advisable that in making the preliminary revision of the voters' lists under the Franchise Act, the Revising-officer should not take any evidence in support of applications to strike the names off the list. But that all such investigation be deferred to the final revision, such a practice being calculated to save time and expense to the parties interested." The next section considered was No. 24, and an interesting debate followed as to its proper interpretation.

The following resolution was finally adopted :

"That in the case of a ward in a city or town containing less than 300 voters, although more than 200, such ward should not be subdivided into polling districts.' It was the unanimous opinion of those present that at the final revision of the list, a court need only be held in each municipality to consider objections, and that it was not necessary to hold such court in each polling district. (See secs. 26, 34 and 48, ante.)

THE

ONTARIO PROVINCIAL
PROVINCIAL FRANCHISE.

AN ACT TO AMEND THE LAWS RELATING TO THE FRANCHISE AND THE REPRESENTATION OF

THE PEOPLE.

HER Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows:-
:-

1. This Act may be cited and known as The Franchise Short title and Representation Act, 1885 (a).

2, repealed.

2. Section 2 of The Election Act, and its sub-sections, R. S. O. c. 10 s. are hereby repealed, and the following is substituted instead thereof:

2. Unless otherwise declared or indicated by the con- Interpretation. text, where any of the following words or expressions occur in this Act, they shall have the meanings hereinafter expressed, that is to say:

(a) Only that portion of the Act which relates to the Franchise is here given, together with those sections of the Election Act still unrepealed, and which relate to the same subject, the balance of these Acts being devoted chiefly to the description of the different electoral divisions, the procedure at elections, corrupt practices, etc.

Owner.

Occupant.

Tenant.

66

(1) The word "owner" shall signify and mean proprietor either in his own right (b) or in the right of his wife (c), of an estate for life, or any greater estate (d) either legal or equitable (e).

(2) The word "occupant" (ee) shall signify and mean a person bona fide occupying (f) property otherwise than as owner or tenant, either in his own right or in the right of his wife, but being in possession of such property and enjoying the revenues and profits arising therefrom to his own use.

(3) The word "tenant" shall include any person who instead of paying rent in money is bound to render to the owner any portion of the produce of such property · (f).

(b) Proprietor in his own right."-The form of oath to be administered to an owner is “you were actually, truly and in good faith possessed to your own use and benefit, as either owner, etc., in your own right or in right of your wife." A trustee cannot vote per Mowat, V. C., in South Grenville, Jones' vote, 1 H. E. C. 175; and where an owner has sold to a tenant in possession, though the land is not fully paid for nor deed executed, he is a trustee for the purchaser, Ib. 170. A mortgagee not in possession, is in the same position. See also notes to Dominion Franchise Act, s. 2, under "in his own right, etc," and "legal or equitable," ante.

(c) "In the right of his wife."--See note to Dominion Franchise Act, s. 2, under same heading, ante.

(d) "An estate for life, or any greater estate."-The term estate for life includes an estate for the life of another, usually called an estate pur autre vie, or for more lives than one, Black. Com. Book 2, c. 8. The words quoted embrace all freehold estates. See note to Dom. Franchise Act, s. 2, "freehold estate," ante.

(e) "Legal or equitable."-See note to Dom. Franchise Act, s. 2, under same words, ante.

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(ee) See note to Dom. Franchise Act, s. 2, occupant," ante.

(f) "Bona fide occupying,”—These words are, it is conceived, tantamount to the words "in actual occupation" used in the Dominion Act, and mean actual possession as distinguished from possession in law, especially when read in connection with the subsequent words "in possession of such property and enjoying the revenues and profits, etc." See note to Dom. Act. The latter words would seem to exclude the husband of a woman who occupies property separately from him from the right to vote in respect of such property.

(f) See note to Dom. Franchise Act, s. 2, "tenant."

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