OF CANADA, ENACTED by Her Most Excellent Majesty, Our Sovereign Lady VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, QUEEN, Defender of the Faith, &c., by and with the advice and consent of the Legislative Council and Assembly of the said Province, constituted and assembled by virtue of and under the authority of an Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the Third and Fourth years of Her Majesty's Reign, intituled, " An Act to Re-unite the Provinces of Upper "and Lower Canada, and for the Government of Canada." 10455 OF CANADA. ANNO REGNI QUARTO-DECIMO & QUINTO-DECIMO VICTORIÆ, DEI GRATIÂ BRITANNIARUM REGINÆ. HIS EXCELLENCY THE RIGHT HONORABLE JAMES, EARL OF ELGIN AND KINCARDINE, K. T. GOVERNOR GENERAL. BEING THE FOURTH SESSION OF THE THIRD PROVINCIAL PARLIAMENT OF CANADA. An Act to repeal the several Acts of the Parliaments of Lower and Upper Canada now in force for the trial of controverted Parliamentary Elections in the two sections of the Province respectively, and to provide by one General Act for the Trial of all Parliamentary Election Petitions. WHE [ 2d August, 1851. ] WHEREAS as well for the purpose of having one uniform system for the trial of Preamble. all controverted Parliamentary Elections as for that of consolidating and amending such of the provisions of the Acts now in force for the conduct of trials of Elections in the two sections of the Province respectively, as it is deemed desirable to retain, it is expedient to repeal the several Acts of the Parliaments of the late Provinces of Lower and Upper Canada making provisions for such trials, and to provide by one General Act for the trial of all Parliamentary Election Petitions: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the 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 in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same 1. ELECTION PETITIONS AND THEIR RECEPTION. Election Petition. I. That every Petition presented to the Commons House of Legislative Assembly of this Province, within the time hereinafter for that purpose limited with respect to such deemed an Petition, and complaining of an undue election or return of a Member to serve in Parliament, or complaining that no return has been made according to the requisition of any Writ issued for the election of a Member to serve in Parliament, or complaining of the special matters contained in any such return, and which Petition shall be subscribed by some person who voted or had a right to vote at the Election to which the same relates, or by some person claiming to have had a right to be returned or elected thereat, or alleging himself to have been a Candidate at the Election, shall be deemed an Election Petition. II. And be it enacted, That in the case of every such Election Petition arising out of an Election held in consequence of the expiration or dissolution of any Parliament, such Election Petition shall be presented to the Commons House of Legislative Assembly within the first fourteen days of the Session of Parliament which shall commence or be held on or next after the Return Day of the Writ under which such Election was held, provided the said House shall on the last of such fourteen days have entered upon, and gone through with that head or division of the daily routine of the business thereof which consists in the presenting and bringing up of Petitions; and if the When to be presented, if arising out of an election of the expiration or the dissolution of a held in consequence Parliament. |