CHAP. 15. An Act further to amend the North-west Territories' [Assented to 23rd July, 1894.] HER Majesty, by and with the advice and consent of the Senate House of Commons of Canada, enacts as follows: s. 4 amended. 1. Section four of The North-west Territories' Representa- R. S. C., c. 7, tion Act, chapter seven of the Revised Statutes, is hereby amended by adding thereto the following subsection: "2. The judges of every court now existing or hereafter Judges not to created in the North-west Territories whose appointment rests vote. with the Governor in Council shall be disqualified and incompetent to vote at any election of a member under this Act." 2. Section eighteen of the said Act is hereby amended by Section 18 adding thereto the following subsection: amended. "3. The returning officer shall not receive the nomination Returning paper of any member of the Legislative Assembly of the North- officer not to west Territories." receive nomination paper. 3. The section substituted for section twenty-eight of the Section 28 said Act, by section three of chapter ten of the Statutes of 1888, amended. is hereby amended by striking out the words "Governor General" in the first line and substituting therefor the words "Governor in Council." 4. Section thirty-one of the said Act is hereby amended by Section 31 adding after the word "and" in the second line thereof the amended. words "two days." 5. Section thirty-two of the said Act is hereby amended by Section 32 striking out the words "on the day" in the fifth line thereof amended. and replacing the same by the words "two days." 6. Section thirty-three of the said Act is hereby amended Section 33 by leaving out all the words after the word "division" in the amended. sixth line thereof. Section 38 repealed. Poll books and notices. Section 42 repealed. Posting of notice. Section 64 repealed. Instructions for returning puties. 7. Section thirty-eight of the said Act is hereby repealed and the following substituted therefor: "38. The returning officer shall furnish each deputy returning officer with a poll book, which shall be in the form R in the first schedule to The Dominion Elections Act, and with at least five copies of the notice, in the form L in the schedule to this Act, for the information of electors." 8. Section forty-two of the said Act is hereby repealed and the following substituted therefor : "42. The deputy returning officer shall post up on the polling day before nine o'clock in the forenoon, in conspicuous places near the polling station, at least three copies of the notice, in the form Lin the schedule to this Act, for the information of electors." 9. Section sixty-four of the said Act is hereby repealed and the following substituted therefor : "64. One copy of this Act, and of such portions of The officer and de- Dominion Elections Act as are hereinafter or by any other Act incorporated with this Act, and of such instructions, approved by the Governor in Council, as are necessary to carry out the elections according to the provisions of this Act (with a copious alphabetical index prefixed), for the returning officer, and one for each of his deputies, shall be transmitted, with the writ of election, to each returning officer." Section 67 repealed. Certain provi porated. And 1888, c. 11, s. 13. Application 10. Section sixty-seven of the said Act is hereby repealed, and in lieu thereof it is hereby enacted that the following provisions shall be incorporated with the said Act and be read as forming part thereof: (a.) Paragraphs (a), (b) and (h) of section two, subsection one of section twenty, section twenty-eight, section twenty-nine, paragraphs (b), (c) and (d) of section thirty, section thirty-one, sections thirty-three to forty, both inclusive, subsections one and three of section forty-five, sections forty-six to forty-nine, both inclusive, sections fifty-one to fifty-five, both inclusive, subsections one and two of section fifty-six, sections fifty-seven to one hundred and twenty-two, both inclusive, and sections one hundred and twenty-five to one hundred and thirty-one, both inclusive, of The Dominion Elections Act, as amended by subsequent Acts, together with the forms mentioned in the said sections and parts of sections: Provided that any of the said sections, parts of sections, or forms in which the words "revising officer" occur shall be read as if the word "enumerator were substituted for the said words; (b.) Section thirteen of chapter eleven of the Statutes of 1888. 11. The application for a recount or final addition provided for by section sixty-four of The Dominion Elections Act, shall in the North-west Territories be made to any judge of the Supreme 92 Supreme Court of the said Territories, and the application provided for by the subsection added to the said section by section eleven of chapter nineteen of the Statutes of 1891, shall be made to the said court in banco 12. Form I, in the schedule to the said North-west Terri- Form I tories' Representation Act, is hereby amended by striking out amended. the words "poll books" in the fourth paragraph and substituting therefor the words "ballot boxes." 13. Form L, in the schedule to the said Act, is hereby New Form L. repealed and the following substituted therefor : The following is the qualification of electors as prescribed by the Parliament of Canada. "(Here insert section four of this Act.) "If any elector finds that his name is not on the voters' list of the polling division to which he belongs, he may apply to the enumerator on any day before the polling day, and if the enumerator objects to add his name to the said list, he may require the deputy returning officer, on the polling day, while the poll is open, to cause his name to be placed on the list on taking before that officer the following oath : "(Here insert oath No. 1. See form P.) "Each elector may vote only at one polling station and for one candidate within the same electoral district. "The elector will go into one of the compartments, and with a pencil there provided, place a cross in the division containing the name of the candidate for whom he votes, thus X. "The elector shall then fold the ballot paper so as to show a portion of the back only, with the initials of the deputy returning officer thereon and the number on the counterfoil, and also in such a manner as to permit the counterfoil to be detached without unfolding the ballot paper; he shall then return the ballot paper so folded to the deputy returning officer, who shall place it in the ballot box, after having detached the counterfoil. The elector shall then forthwith quietly leave the polling station. "If an elector inadvertently spoils a ballot paper he may return it to the proper officer, who, on being satisfied of the fact, will give him another. "If an elector votes for more candidates than he is entitled to vote for, or places any mark on the ballot paper by which he can afterwards be identified, his vote will be void, and will not be counted. "If an elector takes a ballot paper out of the polling station or fraudulently puts into the ballot box any other paper than the ballot paper given him by the deputy returning officer, he will be subject to be punished by fine of five hundred dollars or by imprisonment for a term not exceeding six months, with or without hard labour. Repeal. "Dated Returning Officer. 18 ." 14. Sections thirty-five, forty, forty-one, forty-four, fortyseven, fifty-one, fifty-three to fifty-nine, both inclusive, sixtyone, sixty-three, sixty-five and sixty-six of the said Act are hereby repealed. 2. Forms N and Q in the schedule to the said Act are hereby repealed. OTTAWA Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. CHAP. 16. An Act to provide for the examination of witnesses on oath by the Senate and House of Commons. [Assented to 23rd July, 1894.] WHEREAS it is expedient that the Senate and House of Preamble. Commons and any committee thereof should respect ively have the power of administering oaths to witnesses: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act may be cited as The Parliamentary Witnesses Short title. Oaths Act, 1894. 2. The Senate or the House of Commons may administer Examination an oath to any witness examined at the bar of the Senate or of on oath at bar the said House. of House. mittee. 3. Any committee of the Senate or of the House of Com- Before commons may administer an oath to any witness examined before such committee. 4. The Senate or the House of Commons may at any time Before comorder witnesses to be examined on oath before any committee. der of House. mittee by or 5. Any person examined as aforesaid who wilfully gives False evifalse evidence shall be liable to the penalties of perjury. dence. 6. Where any witness to be examined under this Act con- Affirmation scientiously objects to take an oath, he may make his solemn instead of affirmation and declaration in the words following: "I, A.B., do solemnly, sincerely and truly affirm and "declare that the taking of any oath is according to my "religious belief unlawful, and I do also solemnly, sincerely " and truly affirm and declare, etc." 2. Any solemn affirmation and declaration so made shall be of the same force and effect, and shall entail the same consequences, as an oath taken in the usual form. oath. |