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Appendix II. writ for the election of a Knight to serve in Parliament
for the said County of (or as the case may be) in
III. Appendix III. Form of Oaths required to be taken by a Voter at an
Election for a Member of the House of Assembly of Upper Canada.
By the Constitutional Act. I, A. B. do declare and testify, in the presence of Almighty God, that I am, to the best of my knowledge and belief, of the full age of twenty-one years; and that I have not voted before at this election.
By Prov. Act 4 Wm. IV. ch. 14. 93. I, A. B. do swear, that the estate in right of which I vote at this election, is (here describe the estate, as the case may 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, by virtue of such conveyance, above twelve calendar months, or, (as the case may be) that the conveyance to me of the same has been registered three calendar months.
Election for Members of the House of Assembly of Up-
By Prov. Act 4 Geo. IV. ch. 3, 87, 8.
* In case there shall be no Speaker of the House of Commons, or in his absence from the Realm, such certificate may be addressed to any one of the persons appointed under the direction of this act. (See ante, p. 60.)
all incumbrances that may affect the same; and am other- Appendix IV. wise 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 in this Province.-So help me God.
If the. Candidate has resided in the United States of
America, he may be required to take the following
I, A. B. do sincerely and solemnly swear, that, during my residence in the United States of America, I have not taken or subscribed any Oath of Abjuration of Allegiance to the Crown of Great Britain; and further, 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.
Oath required to be taken by every Member of the Legis- Appendix V.
tive Council or Assembly of this Province, before taking his seat in the House; under the Constitutional Act. I, A. B. do sincerely promise and swear, that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the Kingdom of Great Britain, and of these Provinces, dependent on, and belonging to the said Kingdom; and that I will defend her to the utmost of my power against all traitorous conspiracies and attempts whatever, which shall be made against her person, crown and dignity; and that I will do my utmost endeavour to disclose and make known to Her Majesty, her heirs or successors, all treasons and traitorous conspiracies and attempts which I shall know to be against her, or any of them; and all this I do swear without any equivocation, mental evasion, or secret reserva
Appendix V. tion, and renouncing all pardons and dispensations from
any person or power whatever to the contrary.- So help me God.
Appendix VI. Abstract of the recent Imperial Act, 2 & 3 Victoria
ch. 38—to suspend, for a limited time, the Act for the trial of Controverted Elections, and to amend the jurisdiction for the trial of the same.
Clause 1. Suspending the operation of the Act 9 Geo. IV. ch.22, for trying Election Petitions, until the end of the 2nd Session of the next Parliament.
2. Declaring what shall be deemed an Election Petition.
3. Recognizances for the payment of costs, &c. to be made before Petition is presented, and the amount and number of sureties required.
4. Instead of Speaker's examining sufficiency of sureties, the sureties are to make allidavit themselves of their sufficiency-and in it so to describe their residence, name &c. as they may be easily identified.
5. The Speaker shall appoint a person to be Examiner of Recognizances, to hold ottice during pleasure, and to execute the duties under Speaker's directions.
6. Provision made for temporary disability of Examiner.
7. Recognizances to be entered into, and affidavits sworn to, before the Examiner, or a Justice of the Peace. If before a Justice, certificate to be made by him to Examiner.
8. Petitioner to have the option of paying required amount, or any sum not less than £250, into the Bank of England, on trust of himself and Examiner, instead of finding sureties; but he must enter into a personal Recognizances for £1000, and also find surety for so much of the additional £1000 as he has not deposited in the Bank.
9. Provision to be made by Trustees for all costs, &c. of such investment.
10. Provision for change of Trustees.
11. No Election Petition to be received by the House, unless endorsed by Examiner of Recognizances.
12. Names of sureties, if any, to be kept in the Exami
ners? Office, and if not, the Bank receipt for the money Appendix VI. paid in-to be open for inspection of parties concerned.
13. Sureties may be objected to byparties concerned, on certain grounds, to be stated and delivered in writing to the Examiner within ten days after presentation of Petition, (or fourteen if sureties reside in Scotland or Ireland).
14. Notice of objections received, to be put up in Examiner's office, and parties allowed to take copies,—and a day to be appointed for hearing such objections, not less than three, or more than five days from their receipt.
15. At time appointed, Examiner of Recognizances to hear and determine on objections. 16. In case of death of a surety, the money may
be paid into the Bank.
17. Examiner to report to the Speaker whether or not sureties are objectionable.
18. How petitions may be withdrawn.
19. If the seat of member objected to becomes vacant, or he declines to defend return, notice to be published of the same, and consideration of the petition discharged.
20. Voters may petition to be admitted parties in the above case, to defend the return, or oppose the petition.
21. Members having given notice of their intention not to defend, shall not be admitted parties.
22. At the beginning of every session, the Speaker to appoint by warrant, a General Committee of Èlections, such warrant of appointment to lie on the table of the House three days, and be open to objection.
23. If the House disapprove of first appointment, Speaker to make a new one. 24. Disapproval may be general or special.
25. Special Members not disapproved may be again named in Warrants.
26. Appointment to last the session, unless Committee sooner dissolved.
27. Cases of vacancy to be made known to the House, and proceedings of General Committee suspended till supplied.
28. How to be supplied.
30. All Election petitions to be referred to General Committee, for the purpose of choosing Select Committees to try them.
Appendix VI. 31. House to fix time and place of Committees first
meeting, and its members to be sworn.
32. Quorum of General Committee to be four.
33. Committee to make regulations for its own proceedings.
34. Clerk to keep minutes of proceedings, to be laid before the House.
35. During any suspension the Speaker may adjourn any business before the General Committee,
36. An alphabetical list of all the Members of the House to be made
38. Members temporarily excused.
40. A corrected list, distinguishing the excused' or disqualified members, to be printed and distributed with the votes.
41. This list may be further corrected during oneweek.
42. List to be referred to General Committee, who are to make a selection of members qualified and willing to serve as Chairmen of Election Committees.
43. List to be then divided into five panels, of equal numbers, by General Committee, from which Election Committees are to be selected.
44. General Committee to correct the panels from time to time.
45. For supplying vacancies, and otherwise increasing Chairmen's panel.
46. Members on Chairmen's panel to make regulations,
47. General Committee to give three weeks notice when
Election Committee will be chosen. 48. Parties to whom notice to be given.
49. Provision for the case of voters afterwards admitted parties.
50. List of voters intended to be objected to, shall be be delivered to Clerk of Committee by the parties.
51. Manner of choosing the Select Committees.
52. In case of disagreement, General Committee to ad journ. Committees to be chosen according to the order petitions stand on the list.
53. When Committee chosen, the parties to be called in,
54. General Committee to proceed in order with all the petitions appointed for the day.