Offensive wea❤ pons to be delivered up during the Elec tion. Returning XXVII. And be it enacted, that it shall and may be lawful for any Officer or Deputy Returning Officer, during any part of the days whereon any such Election shall be to be begun, holden, or proceeded with, or on which any Poll for such Election shall be to be begun, holden, or proceeded with, to demand and receive from any person whomsoever, any offensive weapon, such as firearms, swords, staves, bludgeons, or the like, with which any such person shall be armed, or which any such person shall have in his hands or personal possession, and every such person, who, upon such demand, shall decline or refuse to deliver up to such Returning Officer or Deputy Returning Officer, any such offensive weapon as aforesaid, shall be deemed guilty of a misdemeanor, punishable by fine not exceeding twenty five pounds, and imprisonment not exceeding three calendar months, or by both, in the discretion of the Court whose duty it shall be to pass the sentence of the Law upon such person upon his conviction: Provided always, that upon reasonable request made to such Returning Officer or Deputy To be restored Returning Officer, after the close of such Election, any such weapon that shall after Election. have been delivered up to such Returning Officer or Deputy Returning Officer, shall be restored by such Returning Officer or Deputy Returning Officer, to the person from whom the same may have been taken as aforesaid. Penalty. Conviction for two miles of Election. XXVIII. And be it enacted, that every person who shall be convicted of a battery within battery committed during any part of the days whereon any such Election shall the place of be to be begun, holden or proceeded with, or on which any Poll for such Election shall be to be begun holden and proceeded with, within the distance of two miles of the place where such Election or such Poll shall be to be begun, holden, or proceeded with, shall be punishable by a fine of not more than twenty five pounds and imprisonment for not more than three calendar months, or either, in the discretion of the Court whose duty it shall be to pass the sentence of the Law upon such person upon his conviction. Punishment. Against Briruption. XXIX. And be it enacted, that it shall not be lawful for any Candidate at any bery and Cor- Election, directly or indirectly to employ any means of corruption by giving any sum of money, office, place, employment, gratuity, reward, or any bond, bill, or note or conveyance of land, or any promise of the same, or to threaten any Elector of losing any office, salary, income, or advantage, either by himself or his authorised Agent for that purpose, with the intent to corrupt or bribe any Elector to vote for such Candidate, or to keep back any Elector from voting for any other Candidate, nor to open and support, or cause to be opened and supported at his costs and charges, any house of public entertainment for the accommodation of the Electors within the County, Riding, City, Town or Borough, for which he is a Candidate; and in case any Representative returned to Parliament shall be proved guilty of using any of the above means to procure his Election before the proper tribunal tribunal, his Election shall thereby be declared void, and he be incapable of being a Candidate, or being elected or returned during that Parliament. Fine upon conviction of XXX. And be it enacted, that any person who shall give, or cause to be given, or loan any sum of money, or give any office, place, or employment, gratuity or Bribery. reward, or any bond, bill or note, or conveyance of land or other property, or promise of the same to any Elector, in consideration of or for the purpose of corrupting him to give his vote for any Candidate, or to forbear to give his vote to any Candidate, or as a compensation to any Elector for his loss of time or expenses in going to, or returning from voting, or by any other pretence whatsoever, or any voter who shall accept the same for the aforesaid purpose, shall forfeit and pay a sum not less than five pounds, nor more than one hundred pounds, in the discretion of the Court and Jury having jurisdiction of the same, with costs of suit, and which may be sued for and recovered by action or plaint in any Court of Record in this Province having competent jurisdiction. Bribed vote XXXI. And be it enacted, that upon it being proved before the proper tribunal of the Legislative Assembly at the trial of any contested Election, that any disallowed. Elector voting at the said Election had been bribed to give his vote, the name of such Voter shall be struck from such Poll Book. at Election not to vote. XXXII. And be it enacted, that from and after the passing of this Act, if any Paid Agents person shall either during any Election of a Member or Members of the Legislative Assembly for any County, Riding, City, Town or Borough, or within three calendar months previous to such Election, or within fourteen days after it shall have been completed, be employed at or for the purposes of such Election, as Counsel, Agent, Attorney, Poll or Check Clerk, or in any other capacity, and shall at any time, either before, during or after such Election, accept or take from any such Candidate or Candidates, or from any person whatsoever, for or in consideration of, or with reference to such employment, any sum or sums of money, retaining fee, office, place or employment, or any promise or security for any sum or sums of money, retaining fee, office, place or employment, such person shall be deemed incapable of voting at such Election, and his vote if given, shall be utterly void, and of non-effect. XXXIII. And be it enacted, that it shall not be lawful for any Candidate for the representation of any County, Riding, City, Town or Borough, in this Province, with intent to promote his Election, or for any other person, with intent to promote the Election of any such Candidate, either to provide or furnish entertainment at his expense to any meeting of Electors, assembled for the purpose of promoting such Election, previous to or during the Election at which he shall be Treating. a Persons armed not to within two miles of an Election. a Candidate, or to pay for, procure or engage to pay for any such entertainment, or to furnish any money or other property to any person or persons whomsoever, for the purpose of being expended in procuring the attendance of Voters at the Polls, or to engage to pay any money, or deliver any property, or otherwise compensate any person or persons whomsoever for procuring the attendance of Voters at the Polls, or to contribute money for any other purpose intended to promote the Election of any particular person or persons for any such County, Riding, City, Town or Borough, except only for defraying the expenses of printing, and the circulation of votes, hand-bills, and other papers previous to or during any such Election: Provided always, that nothing herein contained shall be construed to extend to any entertainment furnished to any such meeting of Electors, by or at the expense of any person or persons at his, her, or their usual place of residence. XXXIV. And be it enacted, that except for the Returning Officer for such come Election, or his Deputy for such Parish, Township or Ward, or the Poll Clerk for such Parish, Township or Ward, or one of the Constables or Special Constables, appointed by such Returning Officer or his Deputy, for the orderly conduct of such Election or Poll, and the preservation of the public peace thereat, it shall not be lawful for any person who hath not had a stated residence in such Parish Township or Ward, for at least six calendar months next before the day of such Election, to come during any part of the days upon which such Poll shall be to remain open, into such Parish, Township or Ward, armed with offensive weapons of any kind, as fire-arms, swords, staves, bludgeons, or the like, or for any such person being in such Parish, Township or Ward, to arm himself during any part of either of such days with any such offensive weapons, and thus armed to approach within the distance of two miles of the place where the Poll for such Parish, Township or Ward shall be held. Party Flags and Colours. XXXV. And be it enacted, that it shall not be lawful for any Candidate for the representation of any County, Riding, City, Town, or Borough, in this Province, or for any other person, to furnish or supply any Ensign, Standard or set of Colours, or any other Flag, to or for any person or persons whomsoever, with intent that the same should be carried or used in such County, Riding, City, Town or Borough on the day of Election, or within one fortnight before or af ter such day, by such person, or any other as a Party Flag, to distinguish the bearer thereof and those who might follow the same, as the supporters of such Candidate, or of the political or other opinions entertained or supposed to be entertained by such Candidate, or for any reason to carry or use any such Ensign, Standard, set of Colours, or other Flag as a Party Flag, within such County, Riding, City, Town or Borough, on the day of any such Election, or within one fortnight before or after such day. XXXVI. XXXVI. And be it enacted, that it shall not be lawful for any Candidate for Party Ribbons the Representation of any County, Riding, City, Town or Borough in this Pro- and Favors. vince, or for any other person, to furnish or supply any Ribbon, Label, or the like Favor, to or for any person whomsoever, with intent that the same should be worn or used within such County, Riding, City, Town or Borough, on the day of Election, or within one fortnight before or after such day, by such person or any other, as a Party Badge, to distinguish the Wearer as the supporter of such Candidate, or of the political or other opinions entertained or supposed to be entertained by such Candidate, or for any person to use or wear any such Ribbon, Label, or other Favor, as such Badge, within such County, Riding, City, Town or Borough, on the day of any such Election, or within one fortnight before or after such day. Offenders against this ished. XXXVII. And be it enacted, that every person offending against any of the provisions of the next four preceding sections of this Act, shall be deemed guilty Act how punof a misdemeanour, punishable by fine not exceeding fifty pounds, and imprisonment not exceeding six calendar months, or by both, in the discretion of the Court whose duty it shall be to pass the sentence of the Law upon such person upon his conviction. XXXVIII. And be it enacted, that one copy of this Act for himself, and one Copies of Act. for each of his Deputies, shall be transmitted with the Writ of Election to each and every Returning Officer throughout the Province. XXXIX. And be it enacted, that this Act may be amended or repealed by Repeal of Act. any Act to be passed in the present Session of the Provincial Parliament. CAP. II. An Act to make the Law for vacating the Seats of Members of the [12th October, 1842.] HEREAS it is expedient to make the Law for vacating the Seats of Preamble. Members of the Legislative Assembly accepting Office, uniform throughout the Province, and for that purpose to extend to Members elected for places in Canada West the enactments in that behalf applicable to Members elected for places in Canada East: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of C the Canada West or becoming ac 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, intituled An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, A Member and it is hereby enacted by the authority of the same, that if any person chosen for any place in and returned as a Representative or Member of the Legislative Assembly of this accepting an Province for any place within that part of this Province which formerly constioffice of profit tuted the Province of Upper-Canada, shall accept of any office of profit from the countable for Crown, or accept, as a Commissioner or otherwise, any appointment from the Crown whereby he shall become accountable for any public money, his election shall be void, and the Seat of such Member shall thereafter become and be vacant, and a writ shall forthwith issue for a new Election as if such person so accepting such Office, Commission or Appointment as aforesaid, were naturally dead; any Law, usage or custom to the contrary notwithstanding: Provided always, that such Member such person shall nevertheless be as capable of being re-elected to serve as a Representative or Member of the Legislative Assembly during the same or any ensuing Parliament, as if his Election had not been made void and his Seat become vacant as aforesaid. the public monies, shall thereby vacate his scat. Proviso ; may be elected. re This Act not II. Provided always, and be it enacted, that nothing herein contained shall to extend to extend or be construed to extend to any Member of the Legislative Assembly, Navy or Army being an Officer in Her Majesty's Navy or Army, or in the Militia of this Province, who shall be appointed or receive any new Commission in the Navy or Army, or in the Militia of this Province respectively, excepting only Officers on the Staff of the Militia receiving permanent salaries. or in the Mili tia except on the Staff. CAP. III. Preamble. An Act for the qualification of Justices of the Peace. [12th October, 1842.] WHEREAS as well by the Criminal Laws of England, in force in this Province, as by divers Provincial Acts, Justices of the Peace are invested with great powers and authority, wherefore it is become of the utmost consequence to all classes of Her Majesty's Subjects, that none but persons well qualified should be permitted to act as Justices of the Peace: and whereas the Laws now in force in this Province, are insufficient for that purpose; Be it therefore enacted by the From and af- Queen's Most Excellent Majesty, by and with the advice and consent of the ter the first of Legislative 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 January, 1843, Justices of the |