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Years, and from thence to the end of the next ensuing Session of
Parliament, and no longer.

Act.

200

Continuance of thi

CHA P. II.

AN ACT further to Continue an Act passed in the Thirty-Third Year of His Late Majesty's Reign, entitled, "An Act to Provide for the Appointment of Returning Officers of the several Coun

ties within this Province."

[PASSED JAN. 19th, 1824.]

WHEREAS an Act passed in the Thirty-third Year of His Late Majesty's Reign, entitled, "An Act to Provide for the Appointment of Returning Officers of the several Counties within this Province," unless continued, will shortly expire:

PREAMBLE.

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 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,'" and by the authority of the same;-That the said first recited Act shall continue, and be in force for Eight continued for 8 years. Years, and from thence to the end of the ti.en next ensuing Session

of Parliament,

33 Geo. III. ch. 12,

C

Acts regulating the

eleeting Members to serve in the House of

Assembly, and the

qualification of voters

and candidates at such

elections, hereby re pealed, viz.

PREAMBLE

85 Geo. III. ch 2.

40 Geo. III. ch.3.

CHA P. III.

AN ACT to Repeal the Several Statutes of this Province resperting the Election of Members of the House of Assembly, and the Qualification of Voters and Candidates at such Elections, and to Reduce the Provisions thereof, with some Amendments, into One Act, and also to Provide against Fraud in obtaining Qualifications to Vote at Elections.

[PASSED JAN. 19th, 1824.]

WHEREAS it is expedient to Repeal the several Statutes of this Province respecting the Election of Members to serve in the House of Assembly, and the qualification of Voters and Candidates at such Elections, and to reduce the provisions thereof, with some amendments, into One Act, and also to provide against fraud in obtaining qualifications to vote at Elections :--

6

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, "AD 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;'" and by the authority of the same,— That an Act passed in the thirty-fifth year of His Late Majesty's Reign, entitled, "An Act to ascertain the eligibility of persons to be returned to the House of Assembly;-an Act passed in the for

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tieth year of His Late Majesty's Reign, entitled 'An Act for the More Equal Representation of the Commons of this Province in Parliament, and for the better defining the Qualification of Electors ;'—an Act passed in the forty-eighth year of His Late Majesty's Reign, entitled, 'An Act for the Better Representation of the Commons of this Province in Parliament,' and to Repeal part of an Act passed in the fortieth year of His Majesty's Reign, entitled, An Act for the more Equal Representation of the Commons of this Province, and for the better Defining the Qualification of Electors;'—an Act passed in the fifty-fourth year of His Late Majesty's Reign, entitled, An Act to Repeal and Amend part of an Act passed in the thirty-fifth year of His Majesty's Reign, entitled, 'An Act to ascertain the Eligibility of Persons to be Returned to the House of Assembly;'-an Act passed in the fifty-eighth year of His Late Majesty's Reign, entitled, An Act to Repeal an Act passed in the thirty-fifth year of His Majesty's Reign, entitled, 'An Act to ascertain the Eligibility of persons to be Returned to the House of Assembly; and also to Repeal an Act passed in the fifty-fourth year of His Majesty's Reign, entitled, 'An Act to Repeal and Amend part of an Act passed in the thirty-fifth year of His Majesty's Reign, entitled, An Act to ascertain the Eligibility of persons to be Returned to the House of Assembly;' and to make further and more effectual provision for securing the Freedom and Constitution of the Parliament of this Province ;'-and an Act passed in the second year of His present Majesty, entitled, 'An Act to render Ineligible to a seat in the Commons' House of Assembly of this Province, certain descriptions of Persons therein mentioned, '-be, and the same are hereby Repealed.

6

48 Geo. III. ch. 17.

54 Geo. III. ch. 4

58 Geo. III. ch. 9.

2 Geo. IV, ch

Persons baving resided in a foreign coun

II. And be it further Enacted by the authority aforesaid, That from and after the passing of this Act, no person or persons, of allegiance to a 10what condition soever, having been a bona fide resident in any coun

of

reign state, sbail not be eligible unless they

201

have resided in this tion at which they

Province seven years

sball be chosen.

Penalty on such

persons offering them. selves as Candidates

resided seven years.

try, not being under His Majesty's Government, or who shall have taken the oath of allegiance to any other state or power, shall be eligible to be proposed, chosen, or elected as a Representative or Representatives, of any City, County, Riding, or Borough, or other place of any description, now or hereafter sending a Representa-. tive or Representatives to the House of Assembly of this Province, until such person or persons shall have resided in this Province for and during the space of Seven Years next before the Election at which any such person or persons shall be proposed, elected, or chosen as a Representative or Representatives as aforesaid.

III. And be it further Enacted by the authority aforesaid, That if unless they shall have any person or persons, as aforesaid, not having resided in this Frovince for seven years. as aforesaid, shall propose or offer himself, or themselves as a Candidate or Candidates to become a Representative or Representatives of any County, City, Riding, or Borrough, or other place, now or hereafter sending a Representative or Representatives, and shall be thereof convicted by the oath of one credible witness, he or they shall forfeit and pay the sum of Two Hundred Pounds.

Penalty on persons

so disqualified, if be

presume to sit.

IV. And be it further Enacted by the authority aforesaid, That if ing elected they shall any person or persons, as aforesaid, not having resided in this Province for Seven Years, as aforesaid, whether such person or persons shall have proposed or offered him or themselves as a Candidate or Candidates or not, for any County, City, Riding or Borough, or other place of any description, now or hereafter sending a Representative, or Representatives, to the House of Assembly of this Province, as aforesaid, shall presume, upon such choice or election, to obtrude or present himself, or themselves, into the said House, as a Representative, or Representatives, as aforesaid, he or they shall forfeit and pay the sum of Forty Pounds, over and besides the fore

going penalty, if such person or persons shall have incurred the same, for every day that he shall so obtrude or present himself or themselves.

Persons having abjured allegiance to His Majesty, or having beld certain offices in the United States of

America, or
or being

convicted of offences
subjecting them to in-
famous punishment,
shall be disqualified to
sit in the House of

in a foreign country,

vince.

V. And be it further Enacted by the authority aforesaid, That from and after the passing of this Act, no person or persons now resident within this Province, or who shall or may at any time hereafter, come into this Province to reside, who shall or may have taten the oath of abjuration against His Majesty's Government, or who shall have been a member of the Senate or House of Repre- Assembly of this Prosentatives of the United States of America, or any one of the said United States respectively, or who may have held any office in any of the Executive Departments of State in the said United States or State respectively, or who shall be, or may have been, convicted in any foreign country of Felony, or of any offence, which, if committed in this Province, would subject the offender to infamous punishment, shall be capable of being elected to serve as a Member in the House of Assembly of this Province, any thing in this Act, or any other law, usage, or custom, to the contrary notwithstanding.

Qualification with respect to estate re

to serve in the Assem

bly.

VI. And be it further Enacted by the authority aforesaid, That from and after the passing of this Act, no person or persons shall quired for a Member be eligible to be proposed, chosen, or elected as a Representative or Representatives of any County, City, Riding, Borough, or other place of any description, now or hereafter sending a Representative or Representatives to the House of Assembly of this Province, unless he shall be possessed of an Unincumbered Freehold in lands or tenements in this Province, to the assessed value of Eighty Pounds lawful money of this Province.

Oath which any candidate may be requir

VII. Provided always, And be it further Enacted by the authori ty aforesaid, That every person who, from and after the passing of ed to take.

D

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