16 Vic. cap. 153, 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: I. That those provisions of the Act passed in the sixteenth year of come Her Majesty's Reign, and intituled, An Act to extend the Elective before 1st Janu- Franchise and better to define the qualifications of Voters in certain ary 1856. Elective Franchise extended. Freeholder of £75, or £7 108 annual rent to Electoral Divisions by providing a system for the Registration of Voters, which relate to the use and effect of the Lists of Voters mentioned in the said Act, shall not apply to any Election for which the first polling day shall be before the first day of January, one thousand eight hundred and fifty-six, nor shall any of the provisions of the said Act qualifying or disqualifying Voters, or requiring them to take or exempting them from taking any oath, apply to Voters at any such Election; but the said Act shall nevertheless be and remain in full force and effect as regards the duties imposed by it on Assessors and other Municipal Officers, and the making, revising and correcting of the Lists of Voters, and their use at Elections for which the first polling day shall be on or after the day last aforesaid. II. And inasmuch as it is expedient forthwith to extend the Elective Franchise to persons qualified in the manner mentioned in the said Act, subject to the provisions hereinafter made: Be it therefore enacted, that 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 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 be entitled to vote at Elections of Members to serve in the Legislative Assembly of this Province, for which the first polling day shall be before the said first day of January, one thousand eight hundred and fifty-six, that is to say: Every male person being at the time of his tendering his vote at such Election, the legal and bona fide owner or freeholder, or the legal qualify in Cities and bona fide tenant or occupant of real property within any City or Town entitled to send a Member or Members to the Legislative Assem and Towns. bly of this Province, (or in Upper Canada within any City, and the liberties thereof) as bounded for Municipal purposes, of the actual value of seventy-five pounds or upwards, or of the yearly value of seven pounds and ten shillings or upwards, or being at the said time such owner, tenant or occupant of any real property which is within the limits of such City or Town for the purposes of Representation, but not for Municipal purposes, of the actual value of fifty pounds or upwards, Cities and Towns or of the yearly value of five pounds or upwards, shall be entitled to Freehold of £50 yote at any such Election of a Member or Members to represent such City or Town as aforesaid; subject always to the provisions hereinafter made: In suburbs of or Rental of £5. Villages, &c., or Rental of £5 Every male person being at the time of his tendering his vote at In Townships, such Election, the legal and bonâ fide owner or freeholder, or the legal Freehold of £50, and bonâ fide tenant or occupant of real property of the actual value of qualifies. fifty pounds or upwards, or of the yearly value of five pounds or upwards in any Parish, Township, Town, Village or Place, not being within any City or Town 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: Lease must be for than one year. no less period in Ward where Provided that no person shall be entitled by virtue of this Act to vote as the tenant or occupant of any real property, unless 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 Vote to be given voting by virtue of this Act, as tenants or occupants of real property property is. shall vote in the ward or place in which such property shall lie; and no person shall be deemed the occupant of real property within the meaning of this Act, unless he shall оссиру the same with the consent of the Crown or of the owner of such property, and with the intent that he shall on the performance of certain conditions, obtain the title to and become the owner of such property. ships. III. And be it enacted, That whenever two or more persons shall, As to Partnerwhether as being partners in business, joint tenants or tenants in common or par indivis, be the owners of any real property or the tenants or occupants thereof, each of such persons shall be entitled to vote in respect of such property, if the actual or 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 which such property is situate, if such share were held by him separately; except, that if the property be held by a Body Cor- Bodies Corporate Crown Lessees. Oaths to be taken. Certain parts of porate, no one of the Members thereof shall be thereby entitled to vote in respect thereof or of any share therein. IV. And be it enacted, That no person shall, either under the provisions of this Act, or those of The Elections Act of 1849, cited in the second 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 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, tenant or occupant of any real property belonging to the Crown and which he shall hold or occupy without authority from the Crown, whatever be the value of such property: and that 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. V. Provided always and be it enacted, 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 Affirmation 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 Officer is hereby empow ered and required to administer; but no Voter taking any one of the said oaths or affirmations shall be required to take any of the oaths in the Schedule to the Elections Act of 1849, or any other oath or affirmation whatever, in order to have his vote received by the Deputy Returning Officer. VI. And be it enacted, That so much of the Elections Act of 1849, ed. as would disqualify as a Voter any person qualified by this Act, or 12th Vic. repealwould require that the property in respect of which he claims the right of voting should be of the required actual or yearly value over and above all rents and charges payable out of or affecting the same, or should have been held by such Voter during a certain time previous to the Election, as that he be resident in any place at the time of the Election, or should have resided in any place during a certain time previous to the Election, or that any rent should have been paid by such voter, or as would require any other oath than such as is hereby prescribed to be taken by such Voter, or as may be in any way inconsistent with this Act, shall be and is hereby repealed in so far as regards persons claiming to vote at any Election for which the first polling day shall be after the first day of January one thousand eight hundred and fifty-five, and before the first day of January, one thousand eight hundred and fifty-six, as being qualified to vote thereat by virtue of this Act, but shall remain in force as regards persons claiming to vote at such Election as being qualified to vote thereat under the said Elections Act of 1849, all the provisions whereof obliging the Voter (if required) to describe the property in respect of which he claims the right of voting, the legal consequences and penalties of and for granting fraudulent or collusive titles to persons for the purpose of qualifying or enabling them to vote, or of and for voting without being legally qualified, or of and for voting more than once at the same Election, or of and for bribery or corruption, or of and for disobeying or not complying with any of the requirements of the said Act, and generally all the provisions of the said Act not inconsistent with this Act, shall apply to persons voting or claiming the right of voting under this Act, and to the property in respect of which they claim the right of voting, as fully as to those voting or claiming the right of voting under The Elections Act of 1849, and the property in respect of which they claim the right of voting; and in so far as may not be inconsistent with the provisions of this Act its provisions shall be construed and have effect as if they formed part of the said Act: and the form of the Poll Book or any other form prescribed by the said Act or any requirement thereof, shall be varied (if requisite) so as to be consistent with this Act. Sections 7 and 8 apply exclusively to Lower Canada. IX. And be it enacted, That nothing in this Act contained shall be held to affect or apply to any Election or Elections which may be had or held before the first day of January, one thousand eight hundred and fifty-five. X. And be it enacted, That this Act shall be known as The Elective Franchise Temporary Extension Act, and the said Act passed in the twelfth year of Her Majesty's Reign and cited in the second Section of this Act, should be known as The Elections Act of 1849, and that either Act may be validly referred to by the name hereby assigned to it in all Acts and legal proceedings and all other documents and writings whatsoever. Oath of Free and Towns. SCHEDULES. Oath or Affirmation of a person claiming the right of voting as the owner of real property lying within some City or Town entitled to send a Member or Members to the Legislative Assembly, as bounded for Municipal purposes. You swear (or, if he be one of the persons permitted by Law to holder in Cities affirm in civil cases, you solemnly affirm) that you are actually and bonâ fide possessed to your own use and benefit of the Estate which you have just described as giving you a right to vote at this Election, as your own property (or freehold),—that the said Estate has not been colorably or collusively conveyed to you for the purpose of enabling you to vote, and that it is of the actual value of seventy-five pounds currency or more, (or of the yearly value of seven pounds ten shillings currency or more, as the case may be),—and that no instalment of purchase money, rent or sum of money which you have undertaken to pay to the Crown therefor (except Seigniorial dues) is now overdue and unpaid, -that you are a Subject of Her Majesty by birth, (or naturalization, as the case may be),-that you believe yourself to be of the full age of twenty-one years,—that you have not already voted at this Election, and that you have not received any thing nor has any thing been promised you, either directly or indirectly, to induce you to give your vote at this Election. So help you God. Oath of Tenant in Cities and Towns. No. 2. Oath or affirmation of a person claiming the right of voting as the tenant or occupant of real property lying within some City or Town entitled to send a Member or Members to the Legislative Assembly, as bounded for Municipal purposes. You swear (or, if he be one of the persons permitted by Law to affirm in civil cases, you solemnly affirm) that you are actually and bona fide for your own use in possession and benefit as tenant (or occu |