Forty days allowed between the teste and return of the writs.
Sheriff to indorse the day he received writ Time and place of election to be notified by the Sheriff.
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I. BE it enacted by the Lieutenant Governor, Council, and Assembly, That when any new Assembly shall, at any time hereafter, be summoned or called in this Province, as also, in case of any vacancy, during this present Assembly, there shall be forty days between the teste, and return, of the writs of summons; and that, the Clerk of the Crown in Chancery, shall issue out the writs, for the Elction of Members to serve in the same Assembly, with as much expedition as the same may be done; and, that as well upon the calling or summoning any new Assembly, as also, in case of any vacancy, during the present or any future Assembly, the several writs shall be delivered to the respective Sheriffs; and that every such Sheriff, upon the receipt of the same writ, shall upon the back thereof, indorse the day he received the same, and within six days after he has received the same writ, shall cause public notice, to be given in writing, of the time and place of Election, and, give Six days notice at least, of the day appointed, to the Constables or one of them, of each Town or Parish within his bailiwick; who are hereby required, forthwith, to affix the same to the most public place, of each Town or Parish, as aforesaid for the Election.
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No reward to be allowed the Sheriff for execution of Writ unless a Poll be demanded,
In that case the Sheriff to have 10s. per diem, and 5s. for a Poll Clerk, and in case of a scrutiny the same allowance to be paid by the party losing the election.
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II. And be it further enacted, That no Sheriff or under-Sheriff shall give, pay, receive, or take, any fee, reward, or gratuity whatsoever, for the making out receipt, delivery, return or execution, of any such writ or precept, unless a Poll shall be demanded; and in case a Poll shall be demanded, he shall be intitled, to have and receive an allowance, of Ten Shillings per diem, for himself, and Five Shillings per diem, for a Poll Clerk, to be by him appointed, for taking such Poll, in manner hereafter mentioned, for each day, the said Poll shall be held; and also, for each day, the Scrutiny shall be held, in case of any Scrutiny granted, as hereinafter mentioned; which allowance, for holding the Poll, shall be paid out of the Province Treasury, upon the account thereof being submitted to, and audited by the Assembly, at their next Session; and, which allowance, for holding the Scrutiny, shall be paid by the party, or parties, losing his or their Election, upon such Scrutiny; and shall be recovered, by action of debt, in any Court of Record, in this Province, having jurisdiction thereof.
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Qualification of resident Electors.
Of non-residents.
Qualification of Candidates.
Mortgagors in possession not debarred voting or being elected.
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III. And be it further enacted, That the Members to be chosen, to serve in such Assembly, shall be chosen, in every County, which hath right to chuse, by persons, whereof, every one of them shall have a Freehold in such County, of the clear value of Twenty-five Pounds, in case such persons reside in such County; and in case such persons do not reside in such County, shall have a Freehold in such County, of the clear value of Fifty Pounds, free from all incumbrances; and shall have respectively possessed the same, and have had their title Deeds registered, Six Months, before the teste of the said writ: And the person to be chosen, shall be possessed of real Estate, of the value of Two Hundred Pounds, within the County, for which he shall be chosen; and shall have been possessed of the same, and the Deeds thereof duly registered, Six Months before the teste of the writ: And such as have the greatest number of votes of Electors, qualified as aforesaid, shall be returned by the said Sheriffs, Members, to serve in such Assembly, by Indentures, between the said Sheriff and the said Electors. Provided always, that no person, who shall have mortgaged his Lands, and remain in possession thereof, and receive the income therefrom, shall, by reason of such Mortgage, be debarred from giving his vote, or being elected as aforesaid.
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IV. And be it further enacted, That upon every Election so to be made, of any Member, to serve in this or any future Assembly, the Sheriff of the County where such Election shall be made, shall hold his Court for the same Election, at the most usual and public place of Election, within the said County; but, in case the said Election not be determined, upon the view, with the consent of the Electors there present, and that a Poll shall be demanded, for the determination thereof, then the said Sheriff, or in his absence his under-Sheriff, shall forthwith, in some open or public place, proceed to take the said Poll.
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Sheriff's oath to be taken immediately after reading the writ.
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V. And be it further enacted, That every Sheriff shall immediately after reading the writ, or precept, for the Election of such Member, take and subscribe the following Oath, viz: "I, A. B. do solemnly swear, that I have not, directly, or indirectly, received any sum, or sums of money, office, place, or employment, gratuity or reward, or any bond, bill or note, or any promise, or gratuity whatsoever, either by myself, or any other person, to my use, benefit, or advantage, for making any return, at the present Election, of Members, to serve in Assembly; and that, I will return such person, or persons, as shall, to the best of my judgment, appear to me, to have the Majority, of legal Votes." Which Oath, any Justice of the Peace, of the County, where such Election shall be made, or in his absence, any three of the Electors, are hereby required, and authorized, to administer. And such Oath, so taken and subscribed, shall be entered among the Records, of the Session, of such County.
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This Act to be read openly before the Electors assembled at the place of election.
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VI. And be it further enacted, That every Sheriff shall and is hereby required, at the time of such Election, immediately after reading such writ, or precept, and taking and subscribing such Oath, as aforesaid, to read, or cause to be read, openly before the Electors there assembled, this present Act, and every clause therein contained.
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Sheriff to appoint Clerks for taking the Poll.
Clerks to be sworn.
Sheriff to appoint such persons as the Candidates shall nominate to be Inspectors of the Clerks.
Electors, if thereto required, to be sworn.
Form of oaths as to Freehold, &c.
State Oaths.
The vote of any Elector refusing to take these oaths to be rejected.
Sheriff, &c. refusing to administer such oaths, &c. to forfeit £50.
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VII. And for the more due and orderly proceeding, in the said Poll, when required as aforesaid, the said Sheriff shall appoint such number of Clerks, as to him shall seem meet, and convenient, for taking thereof, which Clerks shall take the said Poll, in the presence of the said Sheriff, or his under-Sheriff; and before they begin to take the said Poll, every Clerk so appointed, shall by the said Sheriff, or his under-Sheriff, as aforesaid, be sworn truly and indifferently to take the same Poll, and to set down the name of each Elector, and the place of his Freehold, and for whom he shall poll, and to poll no Elector who is not sworn, if so required, by the Candidates, or any of them, then and there present. Which Oath of the said Clerks, the said Sheriff, or his under-Sheriff is hereby empowered to administer: And the Sheriff, or his under-Sheriff as aforesaid, shall appoint for each Candidate, such one person, as shall be nominated to him, by each Candidate, then and there present, to be Inspectors of every Clerk, who shall be appointed for taking the Poll. And every Elector at the time of polling, shall distinctly name the Candidate, or Candidates for whom he votes, and before he is admitted to poll, at the same Election, shall, if required by the Candidates, or any one of them, first take the Oaths herein after mentioned, or any or either of them, viz.: "You shall swear, that you are a Freeholder, of the county of and have real Estate of the value of Twenty-five Pounds, (or Fifty Pounds if the Elector do not reside in the said County) lying at , within the said County of ; and that you have not been before polled at this Election, and that you have not procured this Freehold, to give your voice in this Election, and that the place of your abode, is at in ; So help you, GOD." And also the Oaths, in and by an Act, made in the First year of the reign, of His late Majesty King George the First, intituled, "An Act, for the further security of His Majesty's Person and Government, and the succession of the Crown, in the heirs of the late Princess Sophia, being Protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors," appointed to be taken; and also the following Oath:— "You shall swear, that you have not received, or had, by yourself of any other person whatsoever, in trust for you, or for your use and benefit, directly or indirectly, any sum or sums of money, office, place or employment, gift or reward, or any promise, or security for any money, office, employment or gift, in order to give your vote at this Election. So help you God." Or, being one of the people called Quakers, shall, if required as aforesaid, solemnly affirm the effect of each and every of the said Oaths, which shall be required as aforesaid; which same Oaths or Affirmations, the said Sheriff, his under-Sheriff, or such sworn Clerk by him apointed for taking of the said Poll as aforesaid, are hereby authorized to administer. And if any Elector shall, being thereunto required as aforesaid, refuse or neglect to take the said Oaths herein before appointed to be taken, or either of them, or to affirm the effect thereof as aforesaid, that then the Poll or Vote of such person so neglecting or refusing, shall be, and is hereby declared to be null and void, and as such shall be rejected and disallowed. And if any Sheriff, under-Sheriff or sworn Clerk, shall neglect or refuse, when thereunto requested as aforesaid, to administer the above Oaths and Affirmations, or shall otherwise offend in the premises, contrary to the true intent, and meaning of this Act, every such Sheriff, under-Sheriff or sworn Clerk, shall for every such offence, forfeit the sum of Fifty Pounds, together with full costs of suit, to be recovered by action of debt, bill, plaint or information, in any of His Majesty's Courts of Record in this Province.
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Persons falsely taking such oaths or affirmations, or suborning others, shall incur the penalties of wilful and corrupt perjury,
and be rendered incapable of voting.
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VIII. And be it further enacted, That if any person or persons, shall wilfully, falsely, and corruptly, take the Oaths or Affirmations, set forth and appointed in and by any part of this Act, or either of them, and be thereof lawfully convicted, by Indictment, or Information, or if any person, or persons shall corruptly procure, or suborn, any other person, to take the said Oaths, or Affirmations or either of them, and the person so procuring, or suborning, shall be thereof convicted, by Indictment, or Information, every person so offending, shall for every such offence, incur and suffer such penalties, forfeitures and disabilities, as persons convicted of wilful and corrupt perjury are liable to. And no person convicted of wilful and corrput perjury, or subornation of perjury, shall after such conviction, be capable of voting in any election of any Member or Members to serve in the Assembly of this Province.
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Any person who shall take any reward for giving or forbearing to give his vote, or shall procure others so to do, to forfeit £20 and be disabled to vote.
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IX. And be it further enacted, That if any person, who hath or claimeth to have, or hereafter shall have, or claim to have, any right to vote in such Election, shall take any money, or other reward, by way of gift, loan, or other device, or contract or agree for any money, gift, office, employment or other reward, to give, or fobear to give, his vote in any such Election; or if any person by himself, or any person employed by him, doth or shall by any gift, or reward, or by any promise, agreement, or scurity for any gift or reward, corrupt or procure any person or persons to give his vote or votes, or to forbear to give his, or their vote, or votes, in any such Election, such person so offending, in any of the cases aforesaid, shall for every such offence forfeit the sum of Twenty Pounds, to be recovered as before directed in the seventh section of this Act, with full costs of suit; and every person offending, in any of the cases aforesaid, in this clause mentioned, from and after judgment obtained against him in any such action of debt, bill, plaint or information, or being any otherwise lawfully convicted thereof, shall for ever be disabled to vote in any election for any Member or Members of the Assembly of this Province.
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Poll to commence on the day when demanded or the next day, and be continued daily.
Removal of Poll.
Closing of Poll.
Sheriff to declare the persons who have the majority of votes and forthwith make his return, unless a Scrutiny be demanded; but not to delay beyond the return day of the writ.
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X. And be it further enacted, That every Poll, which shall be so demanded, shall commence on the day the same shall be demanded, or upon the next day, (unless that shall happen to be a Sunday, and then on the day after,) and shall be duly and regularly proceeded in, from day to day, (Sundays excepted,) without any delay or other adjournment, until all the voters present, shall have opportunity to be polled; after which the Sheriff, by the consent of at least half the Candidates, shall have liberty to remove the Poll, to such other place or places in the said County as he and such Candidates consenting shall think necessary, where such Sheriff or returning officer, shall proceed in like manner, until the Poll be finished. And if such Poll shall continue unto the Fifteenth day, then the same shall be finaly closed, at or before the hour of Three in the afternoon of the same day. And the Sheriff at every such Election, shall immediately, or on the day next after the final close of the Poll, truly, fairly, and publicly, declare the name or names of the person or persons who have the majority of votes on such Poll, and shall forthwith make a return of such person, or persons, unless the Sheriff, upon a Scrutiny being demanded by any Candidate, or any two or more Electors, shall deem it necessary to grant the same; in which case it shall and may be lawful for him so to do, and to proceed thereupon, but so as that in all cases of an Election of any new Assembly, or to fill any vacancy in the present or any future Assembly, every Sheriff having the return of a writ, shall close such Scrutiny, and make his return upon such writ, on or before the day on which such writ is returnable.
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In a Scrutiny the Sheriff to decide for the different Candidates alternately.
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XI. And be it further enacted, That whenever a Scrutiny shall be granted as aforesaid, and there shall be more parties than one, objecting to votes on such Scrutiny, the Sheriff shall decide alternately, or by turns, on the votes given for the different Candidates who shall be parties to such Scrutiny, or against whom the same shall be carried on.
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Poll to be kept open every day seven hours between Eight in the morning and Sun-set.
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XII. And in order that Electors may have full time, and opportunity to poll, Be it enacted, That every Sheriff, unless prevented by any unavoidable accident, shall, during the continuance of the Poll, on every day subsequent to the commencement of the same, cause the said Poll to be kept open for Seven Hours, at the least, in each day, between the hour of Eight in the morning and Sun-set.
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Sheriff authorized to administer an oath to any person touching any thing material on a Scrutiny.
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XIII. And be it further enacted, That upon every Election of any Member or Members to serve in this or any future Assembly, it shall and may be lawful for the Sheriff, if he see cause, and he is in such case authorized, during the continuance of any Scrutiny which shall have been granted as aforesaid, to administer an Oath to any person whatsoever, consenting to take the same, touching the right of any person having voted at such Election, or touching any other matter or thing material or necessary towards carrying on such Scrutiny.
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Number of Members to be returned.
Members for Saint John to be chosen by the Freemen and Freeholders.
Qualification of Freemen.
Oath to be taken by Freemen.
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XIV. And be it further enacted, That the respective Sheriffs for the different Counties, shall return the following number of Members, to serve in Assembly, to-wit: For the County of Saint John, four; the County of Westmoreland, four; the County of Charlotte, four; the County of Northumberland, two; King's County, two; Queen's County, two; the County of York, four; the County of Sunbury, two; and two for the City of Saint John, which two Members for the said City shall be chosen by the Freemen being Inhabitants, and the Freeholders there. Provided, that such Freemen who shall vote, shall have been Freemen of the said City six months, and shall actually have dwelt therein, six months before the teste of such writ of Election, and be possessed of personal Estate, to the value of Twenty-five Pounds, at the time of such Election. Which said Freemen, so to give their votes, shall be subject to the like regulations, restrictions, forfeitures, penalties and disabilities, as Freeholders by this Act are made subject to, except that instead of the Oath herein directed to be taken by Freeholders, such Freemen shall take (or being Quakers affirm the effect of) the following Oath:— "You shall swear, that you are a Freeman of the City of Saint John, duly qualified; that you have dwelt in the same City Six Months past, and that your dwelling place is now in the same City; and that your are possessed of personal Estate, to the value of Twenty-five Pounds. — So help you God."
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Writ for electing the Members for the City of Saint John.
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XV. And be it further enacted, That the writ for the Election of the said two Members for the said City, shall be directed to the Sheriff of the City and County of Saint John, who shall execute the same, and make return thereof, in the same manner, and under the like regulations, restrictions, penalties, and forfeitures, except as in the last preceding clause, as Sheriffs holding Elections in Counties are made subject and liable to.
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Sheriff to deliver on requisition, a copy of the Poll.
For every wilful offence not particularly provided for to forfeit £30.
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XVI. And be it further enacted, That every Sheriff shall forthwith deliver, to such person or persons as shall desire the same, a copy of the Poll taken at such Election, paying only a reasonable charge for writing the same; and every Sheriff, for every wilful offence contrary to this Act, not provided for by particular penalties in and by this Act inflicted, shall forfeit to every party so aggrieved, the sum of Thirty Pounds, to be recovered in manner aforesaid.
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No person to vote nor be chosen under the age of Twenty-one years.
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XVII. And be it further enacted, That no person whatsoever, being under the age of Twenty-one years, shall at any time hereafter be admitted to give his vote for Election of any Member or Members to serve in this present or any future Assembly in this Province; and that no person shall hereafter be capable of being elected a Member, to serve in this, or any future Assembly of this Province, who is not the age of Twenty-one years: And every Election and Return of any person under that age, is hereby declared to be null and void.
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No Candidate to give money, meat, drink, entertainment, or make any gift, &c.
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XVIII. And be it further enacted, That no person or persons hereafter to be elected to serve in Assembly, for any County, City or place within this Province, after the teste, or issuing out, or ordering, of any writ of summons for a new Assembly hereafter to be called, or after any such place becomes vacant hereafter, in the time of this present, or of any other Assembly in this Province, shall or do, hereafter, by himself or themselves, or by any other ways, or means, on his or their behalf, or at his or their charge, before his or their Election to serve in Assembly for any such County, City or Place, directly or indirectly, give, present, or allow to any person or persons having voice or vote in such Election, any money, meat, drink, entertainment or provision, or make any present, gift, reward or entertainment, or shall at any time hereafter make any promise, agreement, obligation, or engagement to give, or allow any money, meat, drink, provision, present, reward or entertainmeent, to or for any such person or persons, in particular, or to any such County, City or place in general, or to or for the use, advantage, benefit, employment, profit, or preferment of any such person, or persons, place or places, in order to be elected, or for being elected, to serve in Assembly for such County, City or place.
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Every person offending against the last clause incapacitated to serve in Assembly.
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XIX. And be it further enacted, That every person or persons so giving, presenting or allowing, making, promising or engaging, doing, acting or proceeding, shall be, and are hereby declared, and enacted, disabled and incapacitated upon such Election to serve in Assembly for such County, City or Place; and that such person or persons shall be deemed, and taken, no Members in Assembly, and shall not act, sit, or have any vote, or place, in Assembly, but shall be, and are hereby declared and enacted to be, to all intents, constructions and purposes, as if they had been never returned, or elected, Members for the Assembly.
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Sheriff to return writ to the Clerk of the Crown in Chancery.
Sheriff not making return according to this Act to forfeit the sum of £100.
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XX. And be it further enacted, That the Sheriffs having the execution and return of any such writ for the electing Members to serve in Assembly, which shall be issued for the future, shall, on or before the day that any future Assembly shall be called to meet, and with all convenient expedition, after any Election made by virtue of any new writ, either in person, or by his deputy, make return of the same to the Clerk of the Crown in Chancery, to be by him filed in the Crown Office; and every Sheriff having execution and return of any such writ as aforesaid, who shall not make the returns, according to the true intent and meaning of this Act, shall forfeit for every such offence, the sum of One hundred Pounds; one moiety whereof, shall be to His Majesty, and the other moiety, to him or them that shall sue for the same; to be recovered by action of debt, bill, plaint or information, in any of His Majesty's Courts of Records in this Province.
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Clerks to enter the places of the Elector's freehold and abode.
"Jurat."
Sheriff within twenty days after Election, to deliver over, upon oath, all the Poll books, to the Clerk of the Peace.
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XXI. And be it further enacted, That in taking any Poll which shall be required as aforesaid, the Sheriff and Clerks shall enter, not only the place of the Elector's freehold, but also the place of his abode, as he shall declare the same at the time of giving his vote, and shall also make or enter "Jurat" against the name of every such voter who shall be tendered and take the Oath first herein required to be taken by Electors. And that the said Sheriff or returning Officer shall within the space of Twenty days next after such Election, faithfully deliver over upon Oath, (which Oath the two next Justices of the Peace, one of whom to be of the Quorum, are hereby enabled and required to administer,) unto the Clerk of the Peace of the same County, all the Poll books of such respective Elections, without any embezzlement or alteration, to be carefully kept and preserved among the Records of the Sessions of the Peace of and for the said County.
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For every false return the party aggrieved may sue the offenders and recover double damages and costs.
The like remedy in case of returning more persons than the writ requires.
Limitation of
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XXII. And be it further enacted, That all false returns, wilfully made, of any Member to serve in the Assembly of this Province, are against Law, and are hereby prohibited. And in case any person or persons shall return any Member to serve in the Assembly of this Province, for any County, City or Place, contrary to the right of Election in and by this Act declared, such return so made, shall and is hereby adjudged to be a false return; and the party grieved, to wit, every person that shall be duly elected to serve in such Assembly for any County, City or Place, by such false return, may sue the officers and persons making and procuring the same, and every or any of them, at his Election, in the Supreme Court of this Province, and shall recover double the damages he shall sustain by reason thereof, together with his full costs of suit. And if any officer shall wilfully, falsely and maliciously return more persons than are required to be chosen by the writ or precept on which any choice is made, the like remedy may be had, against him or them, and the party or parties that willingly procure the same, and every or any of them, by the party grieved, at his Election: Provided always, That every suit, action, or information grounded on this Act, shall be brought witin One year after the cause of action shall arise, and not after.
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XXIII. And be it further enacted, That this present Assembly, and all other Assemblies hereafter to be called, or held in this Province, shall and may respectively have continuance for Seven Years, and no longer, to be accounted from the day on which, by the writs of summons, this present Assembly hath been, or any future Assembly may be appointed to meet, unless this present, or any succeeding Assembly hereafter to be summoned, shall be sooner dissolved, by the Governor or Commander in Chief of this Province for the time being. Provided that this Act shall not be in force, until His Majesty's Royal approbation be thereunto had and declared.
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N. B. This Act was "Confirmed, finally enacted and ratified," by an Order of His Majesty in Council, dated at the Court of Saint James's the 3d of June, 1795.
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C. 17. Anno XXXI. Geo. III. A. D. 1791.