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this Act, shall appear as a Candidate, or shall, by himself or any others, be proposed to be elected to serve as a Member for any County, City, Riding, Borough, or any part or place now or hereafter sending a Member to the House of Assembly of this Province, shall, and he is hereby enjoined and required, upon reasonable request to him, to be made at the time of such Election, or before the day prefixed in the writ of summons for the meeting of Parliament, by any other person who shall stand a Candidate at such Election, or by any two or more persons having a right to vote at such Election, take a Corporal Oath, in the following formn or to the following effect :

"I, A. B. do swear, that I truly and bona fide have such a Freehold Estate, [here describe the estate,] over and above all incumbrances that may affect the same; and am otherwise qualified according to the provisions of Law, to be elected and returned to serve as a Member in the Commons' House of Assembly, according to the tenor and true meaning of the Act of Parliament in that behalf; and that I have not obtained the same fraudulently for the purpose of enabling me to be returned Member to the Commons House of Assembly of this Province.-So Help me God."

VIII. And be it further Enacted by the authority aforesaid, That if any Candidate, as aforesaid, shall have resided in the United States of America, he shall, if required, in addition to the foregoing Oath, take the following:

“I, A. B., do sincerely and solemnly swear, that during my "residence in the United Sates of America, I have not taken or "subscribed any Oath of Abjuration of Allegiance to the Crown of Great Britain; and farther, that during my said residence, "I have not held the office or appointment of Senator, or Member of the House of Representatives of the said United States, or of either of the said United States respectively, or held or

"enjoyed any office in any of the Executive Departments of "State in the said United States, or State respectively.-So Help me GoD."

By whom suchoaths are to be admi

IX. And be it further Enacted by the authority aforesaid, That the Oaths required by this Act shall and may be administered by nistered; the Sheriff for any such County, as aforesaid, or by the Mayor, Bailiff, or other officer or officers for any County, City, Borough, Riding, place or places, as aforesaid, to whom it shall appertain to take the poll, or make the return at such Election for the same County, City, Riding, Borough, place or places respectively, or by any two or more Justices of the Peace within this Province; and the said Sheriff, Mayor, or Bailiff, or other officers, and the said Justices of the Peace respectively, who shall administer the said Oathis, are hereby required to certify the taking thereof into His Majesty's And certifled; Court of King's Bench within Three Months after the same, under the penalty of forfeiting the sum of Two Hundred Pounds ;: and if any of the said Candidates, or persons proposed to be elected as aforesaid, shall wilfully refuse, upon reasonable request to be made at the time of Election, or at any time before the day upon which such Parliament, by the writ of summons, is to meet to take the Oath or Oaths hereby required, then the Election and Return of such Candidate shall be void.

-X. And be it further Enacted by the authority aforesaid, That no fee or reward shall be taken for administering any such Oath, or making, receiving, or filing the certificate thereof, except Two Shillings and Sixpence for administering the Oath, and Five Shillings for making the Certificate, and Five Shillings for receiving and file ing the same, under the penalty of One Hundred Pounds.

XI. And be it further Enacted by the authority aforesaid, That`

The electing and

candidate who shall

refuse to teke

such

oaths shall be void.

Fee for administering the oath. and giv ing certificate.

How fines imposed the fines and penalties imposed by this Act may be recovered in

by this Act are to be

and cedandoled, His Majesty's Court of King's Bench in this Province by action of

for.

Voters having taken

the oath of allegiance

were resident in the

same, must reside seveu years in the Pro vince, and take the

oath of allegiance to

His Majesty, before

their vote can be re

debt, bill, plaint, or information, wherein no essoigne, privilege, protection, or wager of law, shall be allowed, and only one imparlame, and one moiety thereof shall be immediately paid into the hands of the Receiver General, for the use of His Majesty, His Heirs and Successors, towards the support of the Civil Government of this Province, and shall be accounted for to His Majesty, His Heirs and Successors, through the Lords Commissioners of His Majesty's Treasury for the time being, in such manner and form as His Majesty, His Heirs and Successors, shall please to direct, and the other moiety to the person who shall sue for the same.

XII. And be it further Enacted by the authority aforesaid, That to a foreign state, or no person shall be qualified to vote at any Election of a Member, or Members of the House of Assembly, who shall have sworn allegiance to any Foreign State, or have been a stated resident in the dominions of the same, unless such person or persons shall have been previously and bona fide resident in this Province, or in some other of the dominions of His Majesty, for and during the term of Seven Years next preceding such Election, and shall have taken the Oath of Allegiance to His Majesty.

ceived.

Voters required (except in certain cases) to have been in pos

XIII. And be it furth er Enacted by the authority aforesaid, That no person shall be qualified to vote as aforesaid, in respect of any in richt of which they estate sufficient to qualify him by Law, not having come to him by

session of the estate

tender their votes, a

bove 12 months before the election.

Grant from the Crown, descent, devise, or marriage, unless the deed of conveyance, under which he claims to hold such estate, shall have been registered Three Calendar Months before the holding of such Election, or unless he shall have been in actual possession, or in the receipt of the rents and profits thereof, for his own use, above Twelve Calendar Months next beiore such Election.

་་

XIV. And be it further Enacted by the authority aforesaid, That no Returning Officer, or Officers, shall continue any Election more than Six Successive Days, (Sunday, Christmas Day, and Good Friday, excepted.)

XV. And be it further Enacted by the authority aforesaid, That before any Elector shall vote at any Election of a Member or Members of the House of Assembly of this Province, he shall, if requir ed by the Returning Officer, or any Candidate at such Election, in addition to the Oath required by the Act of the Parliament of Great Britain passed in the thirty-first year of His Late Majesty's Reign, entitled, “ An Act to Repeal certain parts of an Act passed in the fourteenth year ofis Majesty's Reign, entitled, 'An Act for making more effectual Provision for the Government of the Province of Quebec, in North America, and to make further Provision for the Government of the said Province,"" take an Oath in the form following:-That is to say,

66

Election not to con

tinue beyond 6 daye.

Oath which voters may be required to

"I, A. B., do swear, That the Estate in right of which 1 vote "at this Election, is-[here describe the Estate, as the case may take "be,]-which I hold by Grant from the Crown, descent, devise, "marriage, or conveyance, [as the case may be,] and, [in case "such Estate shall have been derived otherwise than by grant " from the Crown, descent, marriage, or devise,] that I have been in actual possession, or in the receipt of the rents and profits "thereof, to my own use, above Twelve Calendar Months, or, [as "the case may be ] that the conveyance to me of the same has "been registered Three Calendar Months."

XVI. And be it further Enacted by the authority aforesaid, That if any person or persons shall be guilty of False Swearing in any Oath required by this Act, or by an Act of the Parliament of Great Britain, passed in the thirty-first year of His Late Majesty's Reign,

E

Swearing falsely ip any oatn required by this Act, or by 31

Geo. Ifl. ch 31 1. be

deemed wilful & cox

rupt perjury.

entitled, "An Act to Repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled, 'An Act for making more effectual Provision for the Government of the Province of Quebec, in North America, and to make further Provision for the Government of the said Province;' "" he shall, ou conviction thereof, suffer the like pains and penalties to which other person convicted of wilful and corrupt Perjury is liable by the Laws and Statutes of this Province.

any

PREAMBLE.

CHA P. IV.

AN ACT to Repeal an Act passed in the Forty-Fifth Year of His Late Majesty's Reign, entitled, “An Act to Regulate the Trial of Controverted Elections, or Returns of Members to Serve in the House of Assembly," and to make more Effectual Provision for such Trials.

[PASSED JAN. 19th, 1824.]

WHEREAS the present mode of decision upon Petitions complaining of Undue Elections or Returns of Members to serve in Parliament, frequently obstructs public business, occasions much expense, trouble, and delay to the parties, and is attended with many other inconveniences:-For remedy whereof

BE IT THEREFORE ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper-Canada, constituted and assembled by virtue of, and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An

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