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7. The Members of the Legislative Council shall continue to choose their own President according to the practice in use heretofore, and in case of the temporary absence of such President from sickness or otherwise, they may choose some other Member to act as President pro tempore.
8. Until the Legislature of New Brunswick otherwise provides, the presence of at least eight Members of the Legislative Council shall be necessary to constitute a quorum for the transaction of business.
9. Questions arising in the Legislative Council shall be decided by a majority of voices, and the President shall in all cases hare a vote, and when the voices are equal the decision shall be in the negative.
10. The instrument appointing a Member of the Legislative Council shall be according to the form (A) in the Schedule to this Chapter, or in words to like effect.
11. Every Member of the Legislative Council, in addition to the taking and subscribing of the oath of allegiance as required by “The British North America Act 1867," before taking his seat therein, shall also make and subscribe before the Lieutenant Governor,or some person authorized by him, a declaration of his property qualification, according to the form (B) in the Schedule to this Chapter, or in words to the like effect; which declaration of qualification shall be filed with the Clerk of the Legislative Council.
(A) (Lieutenant Governor's signature.]
VICTORIA, by the Grace of God, of the United King. (L. S.] dom of Great Britain and Ireland, Queen, Defender of the Faith.
Esquire : Know You, that confiding in your loyalty, fidelity, and circumspection, We have thought fit to constitute and appoint, and by these presents do constitute and appoint you to be a Member of the Legislative Council of our Province of New Brunswick. In testimony whereof, We have caused the Great Seal of
our said Province to be hereto affixed this day of , in the year of our Lord one thousand eight
year of our Reign. Witness our trusty and well-beloved
Lieutenant Governor of the Province of New Brunswick.
J.J. F., Provincial Secretary.
Governor and well-bel Year of our
I, A. B., do declare that I am by law duly qualified to be a Member of the Legislative Council of New Brunswick,and that the freehold on which my property qualification is based, is situate in the Province of New Brunswick, and described as follows:-[here particularly name the Parish and County, or different Parishes and Counties, where the lands comprising the property qualification are situate, and particularly describe the property by metes and bounds./
Made and subscribed this day of A. D. 187 .
Section. 1 Qualification of electors.
15 Lists for Saint John City ; re2 Revisors.
vision of. 3 Revisors in Saint John, Frederic- 16 Witnesses concerning qualifica
ton, and incorporated Towns, tion, attendance, examination, being Parishes.
fees. 4 Assessors to furnish Revisors 17 Compensation to Officers for with Assessment List.
preparing Lists. 5 Revisors to meet and prepare 18 Writ of Election ; first proceed
Electoral Lists ; notice of meet- ings on.
19 Sheriff's Court, opening of; 6 Changes proposed and time of Sheriff's oath. hearing to be posted..
20 Oath to Clerk ; procedure. 7 Objectors to notify parties ob- 21, 22, 23, 24, 26, 27, Persons ineli...jected to.
gible for election. 8 Revised List to be sent to the 25 Exception to secs. 23 & 24. County Secretary.
28 Exception to sec. 27. 9 Mode of revision. Firms, mem- 29 Who may be Candidate or Mem. bers of, may vote; when.
ber; qualification. 10 Incorrect Lists, neglect to revise ; 30 Declaration of qualification, penalty for.
how made. 11 Eldon, resident voters of, inay 31 Objection to Candidate's qualifi
have their names on List for cation, when made.
32 Sheriff' not to hold poll, in what 12 Sheriff' to direct County Secretary case.
in making copies of Lists for 33 What elections null and void.
polling districts; how made up. 34 Time for opening and closing poll 13 Sheriff to sign Lists. Secretary 35 Polling places in the several to send copy to Town Clerk.
Counties. 14 On default, last Register to be 36 To continue in case of division used.
of Parishes unless altered.
Section. 37 Elections to be by ballot; ballot 57 Proceedings against presiding boxes.
officer failing to make a return. 38 Presiding Officers and Clerks, ap. 58 Penalty for false return by Sheriff pointment of.
59 On what days no election. 39 Ballot box and Register for Pre. 60 Preservation of the Peace at
siding Officer, and Check book elections; power of Sherifts for Clerk.
and presiding officers. 40 Register when Presiding Officer's 61 Fees and expenses. copy is lost.
62 Account to be verified byaffidavit 41 Sheriff to provide place for poll. 63 Candidate or agent not liable ing; Candidate's names.
for entertainment. 42 Opening poll ; oath of Presiding 64 Affirmation by Quakers. Officer and Clerk.
65 Corrupt practices; peoalty. 43 Sheriffand his Clerk need not take 66 Penalty for wilfully contravenadditional oath.
ing the provisions of this chapter. 44 Ballot box to be publicly opened 67 Time for prosecution ; declara. before voting commences.
tion. 45 Resident and non-resident elec. 68 Appropriation of penalty.
tors, where each shall vote. 69 Parol evidence of the election 46 Non-resident electors of King's. 47 How vote to be polled and regis. 70 What prima facie evidence of tered; ballot.
Candidate's want of qualification. 48 Elector's oath.
71 Members not to be Contractors 49 Penalty tor not adıninistering with Government or Sureties oath.
for Contractors. 50 Penalty for fraudulent voting and 72 Members accepting certain persónation.
offices shall vacate their seats. 51 Proceedings if Sheriff die, or Pre. 73 Exception.
siding Officer or Clerk become 74 Acceptance of certain offices neincapacitated.
cessitate re-election; exception. 52 Presiding Officers, Poll Clerks, 75 Seat of Member appointed to
Cándidates andl Agents may poll Senate or elected to House of where acting.
Commons becomes vacant. 53 Closing poll, proceedings on ; form 76 Resignation of Member. of return.
77 The Speaker may resign his 54 What ballots to be destroyed. - office or vacate his seat. 55 Sheriff may further adjourn his 78 How vacancies filled.
Court, if all returns are not in. 79 Number of Representatives. 56 Opening returns, counting and 80 Duration of General Assembly. declaration.
81 Interpretation of terms. 1. Every male person of the age of twenty one years or upwards, being a British subject, not subject to any legal incapacity, who shall have been assessed for the year for which the registry is made up, in respect of real estate to the amount of one hundred dollars, or personal property, or personal and real amounting together to four hundred dollars, or four hundred dollars annual income, shall be qualified to vote for Representatives of the County or City for which he shall be so assessed ; if there be no assessment for the Parish in any year, then the possession of the quali. fication shall of itself be sufficient.
2. The County Councillors of each Parish, with another person appointed therefor by the County Council, shall be the Revisors for their respective Parishes; provided that
Parish hall be sepresen
where there are three Councillors for a Parish they shall be the Revisors, and where there are more than three Councillors for a Parish the County Council shall select three of such Councillors to be Revisors.
3. In the Cities of Fredericton and Saint John, or any incorporated Town, being in itself a Parish, any three or more of the Aldermen and Councillors to be appointed in each year by the respective Councils of such Cities or Towns, shall annually revise the list of electors qualified to vote therein at County elections, in the manner and at the times herein prescribed.
4. The Assessors of every Parish shall, on or before the first day of August in each year, deliver to the Revisors a copy of the assessment list for the Parish; or if they have not received any warrant therefor, make out a list of the names of all persons possessed of real or personal estate, or income, in the form following, and deliver it to the Revisors :--
Real Estate in Personal Real Estate
the Parish Estate
$100 00 $0 00 $0 00
D ... ... 000 100 00 000 000 E. F. ... ... 000 0 00 00 00 0 00 G. H. ... ... 0 00 0 00 0 00 400 00
5. The Revisors shall before the first day of September in each year, meet and prepare from the assessment list an alphabetical list of the qualified electors in their Parish, distinguishing the resident from the non-resident, and affixing the place of residence of the non-resident when known, and on or before the said first day of September in each year, post up a copy of the said list in three of the most public places in each polling district of their Parish, with the following notice :
“The Rerisors will meet at , in the Parish of , on the twenty fifth (if Sunday, say twenty sixth] day of October next, at
o'clock, A. M., to revise the list of electors for the Parish of , and any person claiming to add to or strike off a name from the list, must give notice thereof, with the cause of objection, to either of us, on or before the first day of October next, and also notify every person proposed to be struck off.-Dated the day of , 18 .
E F. 6. The Revisors shall on or before the tenth day of October in each year post up in the said three most public places of the polling district, an alphabetical list of the persons proposed to be added or struck off respectively, with a notice appropriate to each list, to the effect following:
"The Revisors will on the twenty fifth (if Sunday, say twenty sixth] day of October instant, at in the Parish of , adjudicate upon the propriety of adding (or striking off, in case of striking off,) the foregoing names to (or from) the list of qualified voters.---Dated the day of October, 18 .
A. B. )
E. F.) 7. The person who proposes to strike a name from the list shall, on or before the first day of October, give notice in writing to the party objected to, either personally or by leaving it at his last or usual place of abode, and shall prove on oath the giving the notice to the satisfaction of the Revisors before they hear the objection.
8. At the time and place appointed, the Revisors shall attend and correct the lists, and shall, with all convenient dispatch, make out an alphabetical list of the resident electors of each polling district of the Parish, and of the nonresident electors, stating the residence when known, and on ot before the tenth day of November in each year, transmit the same to the County Secretary.
9. The Rerisors shall add to or strike off from the list the name of any person whose qualification or disqualification is satisfactorily proved to have existed at the date of the last assessment, or date of the list to be made up by the Assessors in the erent of no assessment, if notice have been given to a Revisor of the claim on or before the first day of October, and in case of disqualification, they prove to the satisfaction of the Perisor that notice in writing has been given to the