IMAGE EVALUATION TEST TARGET (MT-3) // {./ L<9 1.0 !f:"« IM I.I 1.25 ■- ii 31 1^ 1^ Ui lAO M 2.0 1.8 1-4 ill 1.6 V] <^ /a 7 "a c^> <>- ^'^ V] '/ ^ iV :\ ^q\ \ 'oyle v". Hell, .Sli, 312. 321. Dublin ease, 302. Duiliey, 27(). Dundas case, 200, 2()(). Durant v. Carter, 29. Duriiain case, 245, 303. 304. Durham North, 27<). Drogheda case, 2r)7, 341, 343. 344. Khswoith V. Karrar, 120. Kilgar V. .Magee, 72. Ekersley v. Barker, 120. Electoral lists of Kaniouraska,20, 3!), 100. Elgin East case, 200, 201. Elliott on Registration, 20. Elliott V. Overseers of St. Mary's, 138. Ellis V. Burtch, 21, 02. Eucyclopatlia Britannica, 17. Evans and Fynches case, 14. Evesham Election case, 43. Eair v. Mciiashy, 141, 143. Fallon ex parte, 72, 128, 120. Kaulkner V. Uvei'seers of Upper Bodding- ton, "). Flanders v. Donner, 120. Ford V. I'ye, 20. Ford V. Drew. 20. Ford v. Hart, 29, 94. Fox V. Dalby, 13. Freeman v. Newman, ol. Fnrniss v. Mitchell, 9. Gadaby v. \\'arl)urton, 120. (Jalloway v. Ward, 10. Galway County case, 27 1 , 272, 270. « 'Pown ■• 272. Garrett v. Roberts, ?11. Gingias v. Sheyn, 24;"), 248. Glengarry caase, 260. Gloucestei El«etion ease, 0, 10, 43, 274, 278. (ioderich Voters" List, Re, 123, 124, 131, 140. (iodsell v. Innons, 51. Grampound, 354. Grand Coutumier, 7. Grand Trunk Ry. Co , ex parte, Ihe, 5. (xrattan v. Corporation of St. Scholas- tique, 20. Gravesend ca.se, 257. Great Marlow Election case, 14. Greenock case, 344. Grenville, South, case, 8, 9, 10, 14, 15, 39, !K), 125. (iiinville, V. College of Physicians. 101. Grey, North, ease, 207, 299, 303, 305. 307. Grey, South, case, 242, 200, 320. (iribbin v. Kirker, 343. (iroenvelt V. Burwell. 101. Gi'over v. Bouteinps, 13(1. (inildfonl, 257. Hackney case, 33!), 341. Halton (NLse. 242. 257, 204, 275, 280, :«)5. 317. Hamilton v. Beauchesne. 272. Hancock on Elections, 9, 10. Hansard, 4. 20, 57, 350. Hans V. Johnson, 72. Harris v. O'Connor, 7(5. Haiiison's Municipal .Manual, 19. Harwich case, 242, 2()3. Hastings, West, case, 283. Hastings, Ea.st case, 318, 345. Hastings, English, case, 298. Hays V. Armstrong, 318. Haywanl v. Scott, 42, 00, 101. Hebert v. Hannington, 242, 250. 200, 280. 303. Heclis v. Blain, 70. i 'ereford case, 290. Heyden v. Overseers of Tiverton, 15. Heywood on Elections, 9, 10. Hick Son et al. v. Abbott, 21, 317. Howell on Naturalization, 15, 24, 25. Howes V. Peirce, 51. Howitt \ . Stephens, 1.38. Hoyland v. Breniner, 142. Hughes V. Chatham Overseers, 13. Hiuifs Franchise and Registrati. I illW , ), -itt'i, !(). .S», King V. Mayor of (inivt'sc'iid, )1H. .. V Liilitiuld, 1 10. M V, Aiit; 1111(1 Cal.hM' Niiv. Co.. 120. .. V. Bnnnytird, 120. ■ V. Buni'll, 141, 14.M. \'. Loxdaie. 1 •».'{. V. SpiiiidW, Mi."{. \. Iniiiihitaiits of Uiifl'()r, ru. .-)<», ;Jo4. Lennox case, 2.S8, 240, 200, 207. 208, liOl, :iO0, 327. Leonard v. All ways, .ll. Lester v. < Jailand, 72, 129. Levy V. Lindo, 11. Liciitield ease, 257, 270. Limerick case, 242, 295. .S40. Lincoln case, 10, 25, 20, 40, 47, 101, 110. 119, 120, 124. 125, 138, 140, 103. 250, 283. Lishurn case, 278. London ease, 205, 290. Longford case, 2(53, 272, 275, 295. LOiignal, Voters' Lists, He. 122. 123. 129, 133, 140. Malcolm v. Perry, 2!»7, 309. Mallow case, 242, 244, 201. Miircotte v. I'aquin, 315. .Marshall v. Hrown, 142. .Mayo case, .347. May's Pari. l*rocedure, 300. -Megautic case, 244. Merlin Repertoire, 7. Middlesex(English) Klectioncase, II, 14. .Middlesex, North, case, 250, 205. MidtUesex, West, case, 25(5, 205. .Midd'^fex, East, case, 2()4, 205. Miles V. Roe. 311, 327. Millies V. Bale,*311, 327. Mitchell V. Foster, 51. .Monckoase, 318, 344, 340, 351. 352. 353. Monmouth case, 43. 2.'i0. 274. 302. 282, Montgomery v. Brown, 72. Montreal Centre Election, 138, 318, M5. Morfbe v. Novis, 93. Morgan v. Perry, !23. Murray v. Tliomiley, 1."). Musko'ka ease. 100, 20(). '^88, ,291. McCiillough V. The Co. idge of Leedii aiid. New Windsor case, 43. Niagara case. 2fl0. Niagara Falls Snsp. Bridge Co. v. (iard uer. 21. Norfolk case, 340. Norfolk, Smith, ca.se, 256, 2(i0, 302, .303, .304. Norfolk, North, case. 260, 295,290.297, 308. Norrish \. Harris, 21. Northallerton case 43, 244, 275. Northiiiiil)eiland. West, case, Northunilieiland, East, case. 300, 302. Norton v. .Salslmry, 51. Norwich case, 295, 297, 308. Nottingham ease, 245, 270. Nunii V. Denton, 120. Oberlin v. Mcliregor, 12. Oldham Election, 29, 133, 1.38, 279. Ontario. North, case, 242, 240, 247, 253, 255, 259, 200, 205, 273, 275,270. 293, 295, 298, .302, 303, 319. Ontario, South, case, 244, 207, 208, .302. Oxford case, 245. Park V. Humpiirey, 12. Passingham v. Petty, 75. Pater, ex parte, 58. Pearce v. Morrice, 103. Peterboro', West, case, 243, 278. East, M 265, 297, 304. Peterson v, Balfour, 132. Peterstield case, 27 1 . Philiheit v. Lacerte, 312. Philpotts v. Philpotts, 143. Pickering v. James, 318. Piekard v. Baylis, 50. 138. Piercy v. Maclean, 21. Pitts V. Sniedley, 95. Points V. Aftwood, 129. Poole case, 203. Portneuf case, 260. Powell V. P'ai*iner. 21. mm LIST OF AUTHORITIKS t'lTKI". '1 ! Powell V. Guest, 2!). Powell on evidenci', .IS. Piescott case, (5. 8, 107, 120, I'io. Prince Edward ('2) case, 340. Pring V. Estcoiut, 74. Proiidfoot V. Barnes, \'A8. Qnf'l)ec, East, case. '24"), 24{», 250. Queen's Coy. case, 'MS, .S44, H50, 8o2. Queen v. Shropshire, ")!. V. Hagar, 16. V. McMalion, 24. V. Lyncii, 24. V. Norwood, 20. V. Court of Kevi.sion ot Corn- wall, 130. „ V. Snider, 144. V. (tlamorganshire, Mil. I. V. Bunting, 241. V. Barnwell, 271. V. IJnkles, 31G. (^)ueen ex rel. . Forward v. BarteLs, 14. (libb V. White, 16. .. M Carroll v. Beckwith, 25. ,. .. Mc\'ean v. Oraiiani, 26. .. Chanihers v. Allison. 125, 188. Telfer v. Ailea, 120. II M 11 White V. Roach. 120. 11 " •• Ford V. Cottinghani, KW 11 ■■ ■ McKeon V. Hogg, 241. Kawlings v. Burgess, 10. Kawlins v. Oxerseer^ of West Derby, 120, 130. Raymond v. Valin, 'M'2, 321. Renfrew, South, case, 280. Renfrew, South, (2) case, 345. Resolutions of (hitario Kevi.sing Otticers, 88. Resolutions of (^luebec •• n 368. Riley v. C'rossley, 142. Robeit V. Bertrand, 244. Robillard v LeCavalie Rogers on Elections, 10. Royce v. JMrley, 357. Russell (2) case, 345. Ryder v. Hamilton, 42, 60 Salford, 276, 205. Salisbury case, 245. Salter v. Hughes, 24, Sams V. Toronto, in re, 51. Score V. Huggett, 14, 95. Scott V. Dickson, 72, 128, \2iK 'I V. Durant, 73. Selby V. (heaves, 13. Seldon's works, 354 « Selkirk case, 2(50 280. 310, 312, 327. Seton V. Slade, Id. Sherlock v. Stewiird, 75. Sliermyn v. Wliynian, 7'i. Shrewsbury case, 304, Simcoe, l-Iast, case, 2S5, 343. 242. 312. .321. 161. 284. 302. ■ 312. 327. of I^anai'k. 74. Simcoe, \\'est, case. 2.")0 Simcoe, North, n 2S0, Simpson v. Coy. Judm' 120, 328. Simpson \, Ycend, 257. Sligo case, 258, 297. Smith V. Smith, 137. Smith V. Egginton. 13. Soulanges case, 276. Southampton case, 43, 395, Station! case, 244, 257, 275, 276, 306. Stiileybridge case, 242, 257, 276, 302,305. Stamper v. ()ver.seers of Sunderland , 14, !)5. Stannanaiight v. Hazeltinc, 317. Stewart V. Roonie, 226. ' Stiles V. Gilbert, 319. ; StoniKmt ( 1 ) case, 10, 11, 14. 15, 2(). 27. i 117, 120, 125. 159, .304. i Stowe V. .loliOe, 42, 60, 161. : Stroud case, 242. .304. ! Symonds v. Hallctt, 9. I Taniworth case 247. 260, 263. 297 306. j 'farte v. Cimon. 312, .321. ! Taunton ca.se, 257," 292. j Taylor on Evidence, 57. ! Taylor v, Kensington Overseers, 29. I Thompson v. Cu/v. too in cities and towns and i!^200 in townshi]ts and incorporate*! villages — with a similar proviso as to occasional absence t<» that fiontaincd in the Dominion Act as above. Indians " enfranchised " under the Intlian Act, and Indians and persons with part Indian blood, who do not reside amonijf Indians, though paiticipating in the annuities of their band. Where there are no voters' lists, those unenfranchised Indians receiving annuity moneys are however discpialified, tiunigh living apart. In all cases the Indian's qualification must be .same as that of a white person. Resident owners of real estate which has been grant(nl 01- patented by the Crown, of the value of $200 and householders resident six. months next prcceiiing the election, are entitled to vote in the unorganized dis- tricts. The following are qualified under the Quebec Provincial (Quebec Provin , . ,. 1 1 ,• 1 1 <• ,• 11 1 cial qnallflcat'ns Law, provuhng they be ot tlni male sex, ot full age, and Hritish subjects : Owners or occupants of real estate, in a city entitled to return one or more members, valued by the re- vised valuation roll at $l]0() in real value. In any other municipality 55200 in real value, or $20 annual value. Tenants paying an annual lent of $30 on real estate, (sstimated accoiclino- to such valuation roll in real value at leart $800 in such a city; and tenants paying an annu il rent of $20 on leal estate, esti- mated according to such valuation roll in real value at least $200, in any other municipality In New Brunswick the followino- persons, if they fulfil New Brunswick " ^ •' Provincial qua- the usual requisites as to age, allegiance, sex and legal liflcations. capacity, are qualified to vote at. Provincial elections: Persons assessed for real estate to the amount of $1(>0. i XX INTUODUOTION. il. <\ ' ii :%*•■;;' The NoviiScotli Provincial i|im- linrntinns. Manitoba Pro- viiiciitl qualifl- cations. Persons asHCMsed for personal property, or personal and real tojj^ether, anion ntiiit^ to $100. Persons assessed for $400 annual income The Nova Scotia Franchistr Act of 188'), confers the Provincial Franchis<» npon the following persons if of aj:je, subjects of Hei- Majesty, and iKjt distpialified : F^vejy male person assessed for $lo0 real property, or $300 personal or real anil personal together. Kvery male jjersoii'in possession of such property at the time of last assessment, and specially exempted from taxation. Every male yearly tenaJit of real property of $150 value, where assessuKiiit Ifivied upon the owner, or the assessed value of whose personal property com- bined with the real property so occupied amount together to $300. The son of every peison qualified as above, if property sntticient to qualify more than one voter, where such son resides with the father, oi' upon property owned by the father in the distiict during the qualifying year. The son of every widow possessing such qualificat* n, with like conditions as to residence with the motner or upon her property. Every person po.ssessing the above qualifications at the time of assessment, but whose name is omitted from the assessoi's' returns, is entitled to be registered. Occasional and temporary absence of sons for not more than foni- months, and the time spent by fishermen or mariners, and students at their occupations, or at institutions of learning respectively, work no dis- qualification. In Manitoba the provincial qualification is vested in those })ersons who are British subjects, males, and of age, who are, Owners of real estate valued at $100 at least. Tenants of real property of the value of $200, under an annual rent of $20. lin ii INTKODUCTION. XXI Occupants and householders on land of an annual value of $20, who must have been resident in the ^ electoral district for three months, Indians receiv- \ug annuities are excluded. In British Columbia, British subjects of full age resi- British coium- 1 i • i 1 T» • • I ' , 1 1 • 1 1 *>'* Provincial «lent in the rrovince lor twelve months, and m tlie elec- <(uaiituatio8M. toral district for two months preceding the flection, vote at provincial elections. ChinameM anrl Indians aie how- ever excluded. " In Prince Edward island the Puivincia! Frjinchisf is Thcr. e. isiami ., , Provincial quu eonterred upon liHcations. Residents in the polling division for twelve months before the date of the writ, who have performed oi- paid for statute labour, Residents in Charlottetown and Summer.side who have paid provincial or civic ftoll tax for the qualifying year, Owners or occupants of real estate of the clear annual value of +0 shillings, who have paid the taxes on such property for the qualifying j'ear, of whom residence is not required, the holder of [)roperty being moreover at liberty t(» vote in every district where he pos.se.sses the propeity qualification. British allegiance and full age are necessary to all the qualifications. In the North- West Territories the bonajicic male resi- The n. w. rer dents and householders of adult age, not being aliens, or cationa. unenfranchised Indians, within the electoral district, who have resided in the electoral district for at least 12 mouths inmiediately preceding the issue of the writ — constitute the voters at elections of members of the North-West Council. Chinamen are excluded from the Dominion as well as chin»men. the British Columbia Provincial Franchise. To become voters \n any of the other provinces, they must of course become naturalized subjects. XXII INTRODUCTION, ChanireinOntii- rid lawi. The Eiectiun laws For further particulars as to the different franchise systems of the Dominion, and the (pialificatioiis and dis- (|ualitications thenninder, as well as the systems of regis- tiation prevailin<^, the reader is referred to the text of the various Acts as given in the following pages. The introductory reference here given is intended to serve merely as an outline of the several laws. Recent important chaiiges in the Ontario Provitjcial Franchise Laws — involving in fact the adoption of a new i'ranchise by the provini^e altogether — the larger number interested as compared with other provinces, the approach of a general provincial election, and the im})racticability of treating similarly, within a reasonable comj)ass, the wht)le of the franchise laws of the Dominion — have made it necessar}' to devote a larger space- and more attention in the following })ages to the Ontafto laws than to those of the other provinces. The chapters on the election laws, for similar leasons, have been prepared with special refenmce to the laws of the Province of Ontario, as well as those of the Dominion. The differences in the Ontario laws are pointed out throughout the various chapters. Having in view the object already announced as the aim of the ])resent work, the author has confined himself to a short treatise upon the laws affecting the election of members up to the close of the election, and a chapter u[)on the disqualificationii as regards members. The con- troverted election laws do n(»t come within the province of this work and are not dealt with. Frequent changes in the law must always gradually impair the usefultiess of a work such as the present Especially must this be the case where, as in this case, the different laws dealt wiih are subject to repeal and alteration by so many different legislative bodies. Though the laws as here given x^tiy be soon superseded by otherfs. [NTRODUCTION. ^xiii the work for the sake of reference and comiianson will •still, it is hoped, be of 8onio value, while certain features and defects may he the more readily l)rou«,dit to the atten- tion of those in whose hands lies the power to remedy them. It may here" he mentioned that new foinis of voters' Dominion v.,f. oaths must of necessity be provided before Dominion ""''°''**"'' Elections are held under the new D(. Minion Franchise. The unsettled condition of the law us to the payment oa„va«,erH an.i of expenses of canvassers and speakers in Dominion ""''°"' . P^leetions is elsewhere pointed out. PART J. THE FRANCHISE LAWS. I J I I' TH E DOMINION FRANCHISE. AN ACT RESPECTING THE ELECTORAL FRANCHISE. (4^ Vic, cap. 40.) -■ . • [Assented to '20th July, 188.5. \ Hek Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as fol- lows : — 1. This Act may be cited as " Tlu, Electoral Framchise short title. Act" - , • INTERPRETATION. 2. In this Act, unless it is otherwise expressly provided, interpretation, or unless there is in the context something inconsistent with or repugnant to such construction, the following words and expressions have the meanings hereinaftei- assigned to them, respectively : — ' "Owner" (a), when it relates to the ownership of real o^^ner ; in Que- (a) ^' 0(/'we»-. 'Ownership is the right of enjoying and disposing of things in the most absolute manner, provided that no use be made of taem which is prohibited by law or by regulations (Civil C^ode of Lower Canada, 406), and tlie person enjoying this right is termed the "proprietor" (le proprUtaire ). Usufruct is the right of enjoying things of which another has the ownership, as the proprietor himself, but subject to tlie obligation of preserving the substance thereof (Civil Code, 44.S), and * the person enjoying this right is termed the "usufructuary" (rumfruitieA' ). In ' I'onstiuing the Act, both proprietor and usufructuary are to be deemed to come 4 THE DOMINION FRANCHISE. property situated in the Province of Quebec, means "pro- within the term "owner' or •■' proprh'lairt." Usufruct may be established bylaw or by the will of niau (lb , 444). It may ))e establislied purely or conditionally, and may comnienoe at once or from a certain day (Ih. , 445). It ends by tiie natural or civil death of the usufructuary, if for life ;— By the expiration ot the time for which it was granted ; By the confusion or reunion in one person of tlie two (jualities of usufructuary and of proi)rietor ;— By non-user of the right during thirty years, and by prescription acquired by third persons ; -and by the total loss of the thing on wiiich the usufruct is established ( Ih., 479). Usufruct may also cease by reason of the abuse the usufructuary makes of the enjoyment, either by committing waste on the property or by allowing it to dejn-eciate for want of care. The creditors of the usufructuary may intervene in contestations, for the preservation of their rights ; they may offer to repair tlie injury done and give security for the future. The courts may, according to the gravity of the circumstances, either pronounce tht; absolute extinction of the usufruct, or only permit the entry of the proprietor into possession of the object cliarged witli it, subject to the obligation of annually paying to the usufructuary or his representatives a fixed sum, until the time when the usufruct shall cease (lb., 480). It is to be presumed that in the latter case the usufructuary will no longer be deemed an " owner" within the meaning of the Act. The question suggested in the House of Commons, as to whether a tenant by emphyteutic lease (hail cmjihyL'otiqne), or the person who has the original right of property (domahu' i(ireet), or both, are covered by the definition of " owner," as given in this clause, was the subject of debate, and of some difference of opinion among lawyers of high standing at the bar of the Province of Quebec, during the passage of the measure through the House (Hanson/, vol. 17, 1499-1509). Emphy- teusis or emphyteutic lease is a contract by which the proprietor of an immoveable conveys it for a time to another, the lessee subjecting himself to make improvements, to pay the lessor an annual rent, and to such other charges as may be agreed upon (Civil Code, 507). The duration of the emphyteusis cannot exceed ninety-nine, and must be for more than nine years (lb. 568). A salient feature of this contract is that it carries with it alienation ; and so long as it lasts, t)ie lessee enjoys all the rights attached to the ([uality of the proprietor (Ih, 569) and he may alienate, transfer and hypotlieuate the immoveable so leased (lb. 570) ; and it may be seized and sold as real property under execution against the lessee (Ih. 571). The lessee may moreover bring a possessory action against all who may disturb his possession, and even against the lessor (lb. 572). It is to be observed that these incidents are substan- tially tlie same as those which belong to the estate of an ordinary tenant for years, whatever the length of term, in tiie other provinces, under the English law, unless they be restricted by covenants contained in the lease ; which estate will not entitle the tenant to be cla,ssed as an " owner " under the next clause of this Act. The emphy- teutic contract, however, according to the French writers, opei-ates a dismember- ment of the property, and divides it into two parts, called the tloiiutine direct und the domaine. utile. The lessee acquires the latter, which consists in tlie right to enjoy the property leased i) titn' de proprietaire, as owner or proprietor, and to hypothecate or alienate it in any way, subject to the rights of creditors and purchasers at the expir- *•■!: THE DOMINION FRANCHISE. prietoi" or "usiifnictuary " (usufruitier) either in his own ntion itf tlie lease : the lessor retaining tlie domnine direct, that is to say, the original riglit of property, subject to the right which lie has transferred to the lessee. The annual rental which is paid is looked upon rathei' as being paid in recognition of this iloiiiiiiiie i/ircrl (in rero()nifionem dirtctl ilomlnii) retiiined by the lessor in the property, tlian as actually representing the f luits and revenues thereof. It ia a real charge due Ity the propertj' and i.s inimovealdc, although the lessee may be the personal debtor in respect of it. Tlie French authors agree as to the (juality of the lessee as an absolute proprietor or owner of the property, during the term of the lease ; and this view seems to have been adopted in (4)uebec by judicial authority in the case of fx- }i(irti , T/k a rami Trunk Railvay Coinpaiiy L. C. Rep. vol. 6, p. 'A, where it was held that the capital of an indemnity paid by the company for expropriating certain laiidt^, subject to an emphyteutic lease, should be paid to the lessee, as he was the proprietor. It is conceived that, as by the clause now under review a separate definition of the term " owner " is given for the Province of Quebec, the law of that Province will be the medium of interpretation of that clause, notwithstanding that one of tlie general objects of the measure is the assimilation of the franchise, so far as practicable, into a state of uniformity throughout all the provinces. The defini- tion of the term " owner '" in the Quebec Provincial Act (38 Vic. c. 7, s. 2, ss. 3), whidi will be found in a subsequent part of this volume, is somewhat similar to that given in this clause, and it is usual under that Act to class the emphyteutic tenant as an owner. The nxat/er, or holder by a right of use or habitation, has been similarly classed, though it may be doubted whether such classification in the case either of the naaiji'r or of the holder by right of superficies is strictly proper, notwithstanding that the former is classed with usufructuaries in the Code (487 et seq.), while the latter may be also termed, in a sense, a proprietor (lb. i)21). They would seem more naturally to fall under the head of "occupants." It may be further remarked in connection with this subject of interpretation in Quebec that by Con. Stats, of Can- ada, cap. 6, s. '), ss. 4 and "> (based upon 12 Vic. c. 27, and 22 Vic. c. 82) it was provided " The word ' owner ' shall signify proprietor, either in his own right or in right of his wife, or asj usufructuary (iiHii/niitii-r) of a real estate in Jief, in cenxire, in franc (dh II. or ill free and coiiiiiKm soccage. So that in Lower Canada whenever any person has tlie mere right of jiroperty, and .some other person has the usufructuary enjoy- ment (/(I joKlssdvci' ef riisiifruit) of the same for his ovn use and benefit, the person who has the mere right of property therein shall not have the right of voting as the oM'uer of such rctal property, at any such election : but in such case such usufnic- tuary (ii.siifruitkr) shall alone be entitled to vote at such election upon such lands or tenements. ■ The definition in the ch.use under review so closely follows this, in its phraseology, as to fully justify the conclusion that whether the interpretation of the term " owner ' as given in the present Quebec Provincial Act be a safe guide, or not, the hiw as interpreted under the Act previously in force there, as above quoted, will be applicalde. 6 THE DOMINION FRANCHISE. « ill! u-iiifructuary. right, 01 in the right cf his wife (b), of real property in " franc alien" (c), or in free aiul coiumon soccage (d) : and when one person has the mere right of property oi- le^al estate in any real pro|>erty in the said Province and some other person has the usufructuary enjoyment (la jouis- sance et Vusiifridt) of the same property ff)r his own use as aforesaid, the person who has the mere light of pro- perty or legal estate therein shall not- have the right of being registered as a voter or of voting under this Act ia respect of such ])roperty, but in such case the person hav- ing the usufructuary enjoyment (usufruit) shall alone have the right of being registered as a voter and of vot- ing in respect of such property under this Act ; (hj "In the nnht of hi-i irife."'- The definition in this respect ia the same as that contained in the Ontario Act (see pofit), which has not Iteen altered in this particulai- by the Act of 18}?5. The Quebec Provincial Act defines an "owner" as anyone " who possesses real estate or irho-st iri/e jyoKnesufs real estate," etc. In the Manitoba Act the word " owner " signifies proprietor in his own riglit only. The (piestion is naturally suggested, whether the words of this clause and of the Ontario Act are in effect the same as tliose contained in the Queliec Act, under which the husband of a woman who possesses real estate, whether such property be in the community or riot, or whether the husband and wife be living apart or not, is entitled to vote upon . the (qualification of such proi^erty. It was assumed in tiie debate in the House upon a proposed amendment to strike out the above words, that they would be, so far as the Provinces other than Quebec are concerned. Though this can form no ground for judicial interpretation, it may be considered that sucli view was well founded, since it has been the practice under similar wording heretofore to allow the husband to vote upon the qualification of the wife's property, notwithstanding tluit modern legislation and decisions have tended towards the establishment of a complete control by the wife over lier own property. In this connection, however, the follow- ing M'ords of Richards, C. J.., in the /'rexcoft raxe, 1 H. E. C. 1 (June 1871), where the status of a petitioner was attacked on the ground that his only (jualitication n.s a voter and as a petitioner was in respect of his wife's property, may be quoted. He says : "I think that the "P^lection Act of 18H8, by the term ' owner," means to give the right to vote to the husband whose wife has an estate for life, or a greater estate in the land ; and tliat n'hL'n in poxneHsion of .inch an estate he is proprietor in riijht of his ii'ife." (See note/, post J. In Quebec the propeTty of the wife may or Ujay not be held in community. In the absence of agreement to the contrary, community of property exists from moment of marriage (Civil Code 1260). It may be excluded by the contract of marriage, or altered or modified at pleasuie by the same contract, and is called in i I 1 TUK DOMINION FRANCHISE. " Owner" when it relates to the ownership of real pi"o- owner; in other Provinces. perty situate elsewhere in Canada than in the Province of Quebec, means the proprietor either in his own right siueh •case convontioual coininunity (lb. 1262), but after marriage, tlie marriage ooveiiants camiot be altered (lb. 1265). Legal commmiity may be dissolved- 1. By natural death ; 2. l>y civil death ; 3. By .separation from bed and board ; 4. By separation of property ; .">. By tiie absence of one of tiie consorts in certain cases and witliin certain restrictions (lb. 1310). The wife, when separated either from bed and board or as to pit)pert}' only, regains the uncontrolled administration of her property; ))ut she cannot alienate her immovables without the consent of her husband or, upon hi.s refusal, witliout being judicially autiiorized (lb. 1318). The wife, who has obtained a separation of pioperty, must contribute in proportion to her means and to those of her husbanuebec I'rovincial EranchiseLaw iias been already pointed out. Whatever doubts may exist as to the ett'ect of the clauses being the same, there can be no doubt as to the applicability of the interpretation placed upon the correspond ing clause of the Act formerly in force in that Province, which declares that " owner" shall signify proprietor, (•////'/• in hi,soir)i ri(j/i/ or in *he ri{ilil of hi-i n-ifi, or as usufruc- tuary of a real estate," etc., 22 Vic, cap. 82,- s. 23 ; Con. Stats, of Can. cap. 6, s. 5, .subs. 4, and the construction formerly placed upon those words was the same as that which the present Provincial law provides, under which all husbands whose wives own real esttite are entitled to vote. fc) ''Franc alien" — Franc alien (or alen) Kotnrier — Merlin Repertoire v. Franc alien " un heritage cxeni/if ih droit" ■■.oc\.'/(. '"- Seo note ( i ), /ki.'*/. (e ) " Either in /lix on'ii riii/i/\>r for fiis oi'-n linu-Ji/ "' 'I'licsc winds wdiild .seoiii ti» exoluile a trustee M-ho has IK) lifVticial intei'c-it. Smit/i (Innirillc (Out.) I H. K. ('. I(i3 : //oldeji's vote, Ih. 171 ; ./o/.V" vote, I}>. 17<>. .A mortgagee or tnisteu cannot vote unless he be in actual poHses^n or in receipt of the rents and profits, under 7 and 8 Will. 3, c. '17^. s. (i. This priVision was expressly repealed in England hy tiic Statute Law Revision Act, 1867. '^n Prinoe Edward island e\fry mortgagor or astiti que friisf in actual possession In' himself or iiis tenant, of real estate of the yearly value of forty shillings, is entitled to \ote. See 4'2 Vii-. cap. '2. s. '.i2iK Prince Edward Island. See also sec. 9, /iokL if) " III riij/i/ n/' his iri/c." It is not improhahle that the.se words will lie con- strued — having regard to the usual presuuiption in favor of the franchise and to the fact that the property may otherwise be unrepresented, and to forniei' practice as conferring the (jualitication of voters in respect of their wives' property upon hus- bands whose wives have separate property, either under settleuient or under the Married ^Voman's Acts (see note h, ante) ; but the right of the husliand in any case would seem to be (jualitied by the closing words of the clause, re(juiring •'such per- son "—apparently the husband in the ease of a married nuiu — to be " in actual pos- session or in receipt of the rents and profits " (see note ;/). It is scarcely possilile to construe the word " person "" as referring to the wife, according to the langiuigc of the clause ; though it may be argued that if the husband be construed an " ownei" in right of his wife, where he has no interest in the wife's property, he may with ecpial propriety be held to be the " person " in actual possession or in receipt of the rents and profits, in right of the wife, even where he is not in actual possession or she alone is in receipt of the rents and profits. The Ont. Assessment Act (Kev. Stat. Ont. c. 180, s. '20, subs. 7) provides that "'owner' shall .signify proprietor in his own right or in the right of his wife, of an estate for life, or any greater estate, either legal or eijuitable, except where the proprietor is a widow, and in such latter case the word 'owner' shall signify proprietor in her own right of any such estate." By s. 14 of the same Act land occupied hy the on-ner shall be assessed in his name ; such assessment being the basis of the franchise under the Ontario provincial Acts. The words of Richards, C. J., in the Prescott case, I H. K. ('. i, as (pioted in note ft, ante, are referable to the provisions of the Assessment Acts, though it may be remarked that in the Election Act of 18H8 (provincial), to which the Chief Justice referred, the definition of "owner' does not contain the provision as to actual jjos- session or receipt of tlie rents and profits, which appear in the clause under review . Under the Ontario Married Women's Property Act. 1884, women married after 1st THE DOMINION FUANCHISE. 9 July, 1884, or aciiuiring property after thut date, hold their property as ./»>/*>»(,% so/f, with complete powers of dispoHition, apart from tiieir husbands (as to non-retrospec- tive oiiaraoter of this Act, see /iai/iifon v. Co// ins, L. K. 27 Cliy. I). 004 ; re. T/ioiii/i- ■soii V. Ciiriiiii, L. R. 2il Chy. I; 177 ; Tnni/nd/ v. Fornian, L. 11. If. (f. B. I). 2;i4 ; Coiiol((ti V. Li'!//(i)ii/, L. K. 27 ('liy. D. (i32 ; recognized in a recent case by the Out. Court of Appeal); under the former Acts of 18r>J)and 1872, by ilecisions of the Courts, the control of tiic wife was not so complete (thouj^ii under the Act of 1872, the wife was lieltl by one learned judge to b; capable of conveying apart from her husband, fioiii/iiii/ V. Wfiiliiiorc, 22Hirant, 222 ; see also FiinrUs v. Mi/chi/l, 'A Ont. Ap. R. 510). If the degree of interest or contrfil of the husband in tin; wife's property or the (pies- tion of the survival of tenancy by the curtesy are to be the guides in determining wliether he is " owner in right of his wife," nuiny cn(iuiries and di.stinctions of some nicety will be necessary to be made by the Revising otliceis, in reference to the date of marriage, date of acquiring property, nature of the settlement, where there is a settlement, etc., too numerous and alistruse for discussion within the limits of a foot note. Decisions under the several Acts will be found noted in Robinson & Joseph "s Digests, under the heads of lliislxnn/ (hk/ Wi/a, Kutiite by the Curtcxy, etc. It may be stated generally, that the husband has no control over the wife's separate jiroperty. "The right of possession of the property to which she is entitled to her separate use, is an exclusive right against her husband," /;»/• Lindley, L.J., in Wi'Jdoii V. JJe B((t/i€, L.R. 14, Q. B. 34(5. Under certain circumstances an injunction will be granted to prevent him entering or interfering with the property, Doiuidly v DoinitUy, fl Ont. R. 073 ; Symonds v. J/(d/i>. So also, the receipt of the rents and prolits of an estate l)y a stranger to tlie estate will give him no right to vote, nor will it deprive the real owner of his vote, (lloufe.Mer. Elecfioiis, 1 Stephens Law of Elections, 457 ; Bfdfordxhlri {Trofindii's rase) 2 Luders, 4.S1. Likewise a fierson assessed for ('rowii lands, to which he has no title, though receiving rent for it from a tenant, is not tjualiiied to vote. Cldrk-'x vote, Lincoln (2) 1 H. E. C. 600. So where a father had made a %\ ill in his son's favour, and told tiie son if he wouhl work the place and support the family lie would give it to him ; and the entire management remained in the sons hands from tiiat time, the properly being assessed in botli names, the profits to be applied to pay the debts due on the place. I/cld, that as the understanding w as tiiat the son w orked the place for the support of the family, anil beyond that for the benefit of the estate, whicii he expected to possess under his father's will, he did not hold immediately to his own use and benefit, and was not entitled to vote. Weort'n case, Stormont(l) 1 H. E. C. .S4. So where the owner of mortgaged pro- perty died intestate, leaving a widow and sons and daughters, and the property was sold under the mortgage, and the deed made to the widow, but tiiree of the sons fur- nished some of the purchase money and all remained in possession, and the eldest son was assessed as occupant. Held, that as the eldest son did not siiew that the property was purchased for iiini, and the presumption from the evidence being that it was bought for the mother, such eldest son iiad no right to vote. Morroic\ rote, SoutJi Grenville, 1 H. E.G. 16;^. (In the two latter eases however the sons might now be entitled to vote as "farmer's sons," or "son of an owner of real propej-ty," if the pro- perty were of sufficient value). Where the \ oter only received the deed of the pro- perty after he was assessed and after the revision of the assessment roll, though he had previously been assessed for and paid taxes on the place for several years, Held, not entitled to vote. Cidiuij'x case, vStormont, 1 H. ¥j. C. 21. Hut if a person have such an ecjuitable title as the courts will recognize, he is entitled to the vote. As where there has been an agreement for sale and the vendee has taken possession under the agreement, or has become otherwise entitled to a specific performance of the con tract, -iV/o^ v. Slaile, 7 Ves. 274 ; (itdlairay v. IVard, 1 V'es. 818 ; Hawlmi/s v. Jiiir (jess, 2 V. and B. S87 ; Holdenx rote, S. (Jrenrille, 1 H. E. C. 171. The question in the cases affectii.g the right of vendor and vendee to vote has been thus stated — who is to have the rents and profits of the estate, by virtue of the agreement xuitil the legal conveyance is made ; or who must bear any loss which may happen, or be entitled to any benefit whicli may accrue to the estate, between the time of the agreement and conveyance? Rogers on Elections, 33 ; Hey wood on Elections 111. If there be any doubt as to what a Court of Equity would do, the vendee should be treated as having an inchoate right merely, but not an equitable esta,te. Rex v. Oed- THK DOMINION FHANt'HISK. 11 iliiKjtoii, '2 \i. and C I'iO. Oi no ivstiite hnt niert-ly an t;(|iiitiil»le riglit //«.<• v. Llinitit/ln UroMcny, T) B. and ('. 4(»'2. Conditions may l>e introduectl wliicli will liavo the cH'ect of preventing ii viiKlee from ae(|uiring iin equitable estate. La ji v. Ijinilo. W Mer. 84 : Khoiw Kluii, '.'My. and K. 44l> ; Wall v. liriyhl, I .1. and \V. 4!I4 : Avklnml\. <,'iihi"/. (). — Ffi'i' soecage, where the services are not only certain, but honorable, is contra-distinguished from villein soecage, where the services, though certain, are of a baser nature. By 31 Geo. III., c, 31, 1791, Con. Stat. Can., by which it was pro- vided that all lands to be granted in Upper Canada should be in free and common soecage, it was also provided, that, if the grantees desired it, grants should be on the same tenure in Lower Canada. Leith's Black. 18. (./) " /?) actual possesion, f/r." — Do these words mean the same as "in actual 12 THE DOMINION FRA:"H[SK. Tenant. " Tonant " (k) incatiM as well a person who is bouinl to render to his landlord some portion of the proc!Cii|)iitiou" ill till' sulwci'tion ileliiiing •'(K-cupiint' '.' If so, tlie owih-T of viicimt iiuprodiiotivc piopoity vmhiM he excludod fiom tlio fiiiiiuhist'. It is to lie lemeiii- l)ere(l, howtver, tliat the .statutes are to lie coiiHtiued tavoratjly to the right of fraii ciii.se. Slight ;uts of owiicr.slii|) will at all eveutH eoii.stitute aetujd ])o.s.>. But, if the landlord afterwards receives rent, or does any act hy which he proves his assent to the continuance of the tenant, this turns the estate at sufferance intt) a tenancy from yeai to year. -Hi. I.")l. As iu.,ler this act (sees. 3 subs. (4) and 4 subs. (4) the tenant nmst pay rent, in money or kind, to entitle him to he legistered as a tenant, a tenant at sufferance can luirdly he termed a tenant within the meaning of the Act. This remark does not. however, apply to a tenant at sufferance in (Jiuebee, who is bound to paythe annual value of the property and whose holding is as an annual lease. See Civil Code ItiOS. Where a former tenant of a house died intestate, leaving a widow and infant children in possession, and no letters of administration were taken out, but, the widow having mariieti again, her hus- band went into possession and paid all rent and taxes, and maintained the children, he was held entitled to vote. McLoiKjh/in's case — Alcocks Reg. cases 249. — Tenants on shares are entitled to vote ; but, where an owner agreed with two tenants tliat he would furnish a team of horses, the farming implements, and seed for a certain lot, they agreeing to do the work as he should direct, harvest the grain, pay for their share of thrashing, keep up fences, etc., and receive foi' the first year one third, and for the second year one half, the cropy, it was held not to Vie a letting of the land on shares, giving to the tenants a term of possession, but a contract for remuneration for their care and lalioi- in growing the crops as the owner should direct. J'tirk' v. Jlumphmy, 14 LI. C. C. V. 209. — A. owned a farm and agreed to pay B. to work it on shares, each supplying the seed and labor, and to have one half of the profits, B. to pay $60 for implements and $1H0 a year, but he was not placed in posession of any distinct portion of the farm, owing to the shape of the farm, the parties being equally in pos- session of the whole : Hell, that B. was an occupant with A. , and not his . 3nant. Oherlinw. Mc(7re',i(>'\ 20 U. C.C. 1'. 460. TMK iMtMINION I'ltANCllISK. 13 Tilt' word "ti'iiniit" lias hocn held tocxdiidt' pciMoiiH lioldinj.', nsotliiiala orsiTvaiitK, it re(|iiired tf) (K^cupy tor the imipdMe (f tlic otiice or moi \it'i', Imt not otht'i vIho, //ii'jfii - \. ('fitiffifnii Orti-Hiirs, ."> M. \ (1. :A \ For \. Ilii, L. K. 10 ('. I'. 'J^."* ; ^'l the servant then lieeouies entitleil to the le^'al ineidents of the estate as much as if it wei'e piirthased fi.i' any othf r consideratinn. I5ut it may he thata sei'vant may occupy a tenement of his muster's, not hy way of payment of his services, hut, tor the purpose of perfonning Mieni, raiidn-il to occupy in the performance of his contract to serve his master" /'(/• Tindal, ( '. •)., in Uiiii/i<-- \. L'hdl/Kttii Oi'irnt-ti-", ') M. it (i. ,")4. A man occupying a house as toll collector has Keen, in Ontario, held not (piulitied to vote, M <• A it hii r ■•< raU , lirorhiilh , I H. I']. C. I'J!*. In isngland the (>: ; 40 [.. d. (• I'. 4{» ; '2.S L. T. 129 ; 1{» W. R. 210 ; 1 H. & C. 432 ; nor, it iseonceived, under this Act, does a rent charge of any description, except it form the income, or part of the income, of an income voter, but see Doihls r. 'J'hoiii/ixoti, L. H. 1 ('. P. i:« ; 3") L. d. ('. I', !»7 ; D(iwxo)i r Iiohhi>i.'<, 2C. I'. D. 38 ; 4UL.d.('. r.()2. As " real property "by a8ubse(|uentclause of this section is defined to include " any portion '' of a house, store, office or building, it would seem tliat what was known as " structural severance " in England is not liecessary in order to qualify the holder to vote under this Act, any more than it is under the present English Acts. Lely it Foulkes Parliamentary El. Acts, p. 18 — note *^ Hoii»(, Wanfiottse, etc." also note on p, 35 Ibid. But there must be an exclusive possession by the tenant of the '• portion "' rented. In Si'lhy r. (Inmrf, L. li. 3 C. P. o!)4, where it was held thata portion of a room in a factory was demised, the Court proceeds upon the express ground that the owner of the factory had parted witli the exclusive possession of the part in respect of which the (juestion arose WilleSj J., says at p. H02 : "The conclusion I arrive at is, that the letting was not a mere letting of an onstand for the lace machines, but a letting of a df./hiii/ ])ortion of the room, separated from the remaining portion, with exclusive possession by the person taking it. and that po>istn- aiit. " Oc.cu])iint"(l) meaus a person in actual occupation (m) mon staircase ; Ilt^/il, tliat each tenant was. entitled t(> vote. Wright v. Toini Clcrh of Stovkport, ;■) M. it (ir. 3M ; see also lii'ii'nut i'.v. r(:l. Fori tird v. liartela (Long's case), 7 C. P. 539 ; Circua'xtcr Elvftion. '2 Krast^r 451 ; (Jr/at Marlon- Ehction, (Crosby's case), 1^. & Aust. 100 ; Srorv v. Hiiijiidll, 7 M. X- (Jr. 95 ; Hex. v. Nii^ororth, 5 A. & K. 201 ; Toms v. Liirb'tt, 5 C. 15. '28; Wait.-oy v. I'uiiiis, 7 M. it <;r. 145; Eraii" ami Fyiichf''* Com, Cro. Car. 47. S ; Mi(l Wu- Elvdion ( Anxtvij'x V(t.uebec. unless the right to do so has been expressly stipuhited Civil Code, 1<>4<). fij " OccujHuif ,' —Occn'puncy is the taking possession of those things which before belonged to nobody. Black. Com. 12th Kd., book 2, cap. !(). This right was con- fined by the connnon law of Kngland to a single instance, viz : where a person who held an estate piir (iiifri- r'u, or for the life of another, ilied during the life of tlie c<'io.ss(.s',s/o«, as distinguished from possession in law. See Murray v. Thornihey, 2 C. IJ. 217 ; Heyilen v. Orersctri of Tirertoii, 4 C. |}., 1 ; Carroll v. Barry, 1;> Jr., C. L. K., 378; Web.'ifer v. A4iton under- Lyne Oremeers, L. R., 8 C. F. 281 ; 42 L. .1. ('. \\ 38. -Sec the words "actual occupation" in the text. • (u) " Incluilimj an Indian.'' -Indiana in Canada were not hitherto entitled to all the privileges of British subjects unless tliey were enfranchised under 43 Vic. , cap. 2;"), (Can.) or some of the previous statutes of which that Act is a consolidation, ( Hoicell on Naturalization 10). By sec. 2, sub-sec. 5, of that act, the term enfranchised Indian means any Indian, his wife, or minor, unmarried children, who ha,8 received letters patent, granting him in fee simple any portion of the reserve M'hich may have been allotted to him, his wife, and minor children, by the band to wliich he l)elongs, or any unmarried Indian who may have received letters patent for any allotment of the reserve. Sections 99-101 specify the mode of obtaining the letters patent. Before the issue of the letters patent, tiie Indian must declare to the Superintendent-fieneral of Indian Affairs, the name or surname by which he or she wishes tx) be enfran- chised, and thereafter known ; and, on his or her receiving sucli letters patent, in such name or surname, he or she shall be held to be also enfranchised, and be known by such name, and if a married man, his wife and minor unmarried chihlren, also, are lield to be enfranchised, and from the date of such letters patent, any act or law making any distinction between the legiil rights, privileges, disabilities and liabilities of Indians, and those of Her Majesty's other subjects, shall cease to apply to such In- ilian, or to the wife or minor unmarried children of such Indian, so declared to be en- franchised. " Any Indian admitted to the degree of doctor of medicine, or to any other degree by any University of Learning, or who may be admitted in any part of the Dominion to practice law, either as an advocate, or as a barrister, or counsellor, ov solicitoj-, or attorney, or to be a notary public, or who may enter holy orders, or may be licensed by any denomination of Christians as a minister of the Wospel, may, upon petition to the Snperintendent-CJeneral, ipsofacto, become enfrancln'sed under the Act," and the Superintendent may give him a suitable allotment of land fiom the liuids belonging to the band of which he is a member. — Sec. 99, sid)-sec. I, //*/(/. By the Ontario Election Act, all Indians enfranchised as above, and all Indians or per- sons with part Indian blood, who do not reside among Indians, though they partiei- I ]() THF. DOMINION FRANCHISK. pate in the annuities, interest moneys and rents of a tribe, band, or body of Indians, are, subject to the same qualifications in other respects, and to the same provisions and restrictions as other persons in the electoral district, given the right to vote. But, the Indians, or persons with part Indian blood, who are entitled to vote where there- is no voters" list, shall be the following, namely : — " All Indians or persons with part Indian blood who have been duly enfianchised, and all unenfranchised Indians or persons witli part Indian blood who do not participate in the annuities, interest, mon- eys, or rents of a tril)e, band, or body of Indians, ami do not retkh among Indians, subject to the same qualifications in other respects, and to the same provisions and restrictions as other persons in the electoral district." — (See Franchise and Rep. Act, 1885, Out., S. 3, " Sixthly. ") It will be seen tliat under the Ontario laws, only In- dians who have received their patents and thereby became enfranchised, or who, while receiving their Indian annuities, live apart from other Indians, and possess the qualification of ordinary white voters, can vote in organized districts or municipalities ; and in the unorganized municipalities they cannot vote, even when they live apart and possess the ordinary qualification of white voters, unless they give up their an- nuities. Under the Act under review, Indians in Manitoba, British Columbia, Kee- watin and the North-West Territories, and any Indian on any reserve elsewhere in Canada, who is not in possession and occupation of a separate and distinct tract of land in such reserve, and whose improvements on such separate tract are not of the value of at least one hundred and fifty dollars, and who is not otlierwise possessed of the qualifications entitling him to be registered on tlie list of voters under this Act, are excluded. — See sec. 11, (c). All Indians, therefore, outside the Provinces and territories mentioned, who occupy separate allotments, though in the reserves, and while in receipt cf their annuities, are given the franchise in Dominion elections. Indians are subjects ( Rtij. fx rel. G'ibb v. White, 5 Pr. R. U, C. 315) i An Indian, who is a British subject, and otherwise qualified (as by liolding real estate in fee simple to a sufficient amount), was in Upper Canada held to have an efjual right with any other British subject to hold the position of reeve of a municipality, even though not " enfranchisecl,' and though receiving, as an Indian, a portion of the annual payments from the common property of his tribe.— /6/(/. A person entered into an agreement to farm tlie land of an Indian woman on shares for five years and took possession. He was found guilty of a misdemeanor under 13 and 14 Vic. cap. 74. (Rti/iiiu V. lliiijnr, 7 U. C. C. I'. 380). Such arrangement therefore could not confer a right to vote upon a white person. The prohibition against the sale, leasing, etc., of lauds by Indians, applies only to lands reserved for their occupation, and not to lands to whioli any individual Indian has acquired a title. -Tottm v. Wat'^on, 15 U. C. Q. B. 302. It nuiy be of inteiost to mcntioi: +!uit in a recent Ontario case ( Brycc ct nl V. Salt, liefore the Master in Chambers, Oct. '2n(l, 1885), it luis been hehl that there is nothing to prevent an Indian, tliough living on the reserve, as one of a )>and, from suing or being sued, and judgment may be ordered against !iini, thougii such judg- ment will not bind any property of tiie ln. Sub-division of tlie lands among the member.s of the band : (5. Irespass by animals ; 7. Tlie construction and repair of school-houses and other buildings : and 8. Roads and biidges, and the appointmentof road-masters and fence vievveiS|: !». Watercourses, ditches, fences, etc., and the preservation of wood : 10. Punishment of trespassers ; 1 1. Raising money by assessment and taxation on the lands of Indians unfranchised or in possession of lands by location ticket in the reserve ; 12. Appropriation of moneys of the band to carry out by-laws, etc ; 13. Imposition of penalties and enforcement thereof ; 14. Amendment, repeal or re-enactment of by-laws. This Act provides the machinery whereby the Indians may enjoy self-government in municipal matters. Tlie Franchise Act will give many of them a voice in the affairs of the nation at large. See, as to penalty on luitian agent seeking to induce or compel an Indian to be registered as a voter, or to vote or refrain from voting, sec. 04, post. (o) " AfoiKjoliuii or Chimsf^ ran-." The Mongols were a race originally inhabiting what is known as Mongolia, Theii' empiie, under tlie great concjuercir .Tenghiz Khan, wlio died in 1227, extended from tlie Cliina Sea to the banks of the Dnieper. They had conquered tlie Cathayans or Chinese and had over- run, to a great extent, tiie Russian territory. The contjucsts of Jenghiz and his successors spread not only over China and the adjoining Kast, but westward over Northern Asia. Persia, Armenia, part of Asia Minor and liussia, threatening to deluge Christendom. 'Though the Mongol wave retired, as it seemed almost liy an act of Providence, when Europe lay at its feet, it liad levelled or covered all politi- cal bairiers from the frontier of" Poland to the Yellow Sea. Cliina and Russia ultimately absorbed the native and accjuired territories of the Mongols. ^Vitll the absorption of the Klianate of Bokhara and the capture of iviiiva liy the Russians, tlie imlividual history of the Mongid tribes came to an end, and their name has left its imprint only on the dreary stretch of Cliinese owned country from Manchuria to tlie Altai Mountains, and to the eipially unattractive country in tiie neighborhood of the Koho-nor. For the purposes of the Act the M(jngolians or Chinese are classed as one race— as probably they were in fact — though they are by no means to be found only within the limits of the (Miinese Empire. (See Encycl. Brit.'Qth Ed. under Momjolx, China, Axia, etc.) 18 THE DOMINION" FliANCHISE. !1 ' ■rl Citv. Exceptions. Town. Incorporated village. ^*'''" " Farm " means Jand actually occupied by the owner thereof and not less in quantity than twenty acres ; and " farmer " means such owner thereof; " City " means a place incorporated as a city or recog- nized as such, by or under any Act of the Parliament of Canada or of the Legislature of the Province in which it is situate ; except the cities of Hull and St. Hyacinth«), in the Province of Quebec, which, for the purposes of this Act, shall be held to be towns ; " Town " means a place incorporated as a town or re- cognized as such, by or under any Act of the Parliament of Canada or of the Legislature of the Province in which it is situate ; " Incorporated village " means a place incorporated as a village or recognized as such, by or under any Act of the Parliament of Canada or of the Legislature of the Province in which it is situate ; " Parish " means any tract of land which is generally reputed to form a parish, whether such tract has or has not been wholly or in part originally erected into a parish by the civil or ecclesiastical authorities, and which now exists as a territorial division ; " Father " includes grandfather, stepfather and father- in-law, and "mother" includes stepmother and mother- in-law ; " Farmer's son " means any male person not otherwise qualified to vote and being the son of an owner and actual occupant of a farm, and includes a grandson, step- son 01' son-in-law ; " Son of an owner of real property " in cities and real properly. ^Qwns mcaus any male person not otherwise qualified to vote and being the son of an owner and occupant of real property, and includes a grandson, stepson or son-in-law ; Parish. Father, mother. Farmer's son. Son of owiiirof THE DOMINION FRANCHISE 19 owner s ; and ■ recOg- nent of vhich it acinthi), )Oses of n or re- •liament n which irated as ^ Act of e of the ;eneraUy or has a parish ich now father- mother- therwise ^ner and ion^ step- 1 n ties and lified to t of real -in-law ; and in counties means any male person not otherwise (lualified fo vote and being the son of an owner and oc- cupant of real property other than a farm, and includes a grandson, step-son or son-in-law ; " Electoral district " means any place (consisting of or Ki^^Jj'^rai comprising any city, town, county, township, parish, dis- trict or municipality, or portion thereof.) in Canada, en- titled to i-eturn a member to the House of Connnons of Canada ; " Election " means an election of a member to serve in Election. the House of Commons of Canada; " Voting" and " to vote" mean voting and to vote at votin- ; to vote the election of a member to serve in the House of Com - mons of Canada ; " List of voters " means the list of registered voters, to List of voters. be prepared and revised under the provisions of this Act in each year, for each sub-division or polling district of an electoral district, when finally, revised, except when the first geneial list or an unrevised list is especially mentioned or referred to; " Actual value" (p) or " value" means the then present ^auJ'*'^"''"^' mai'ket value of any real property, if sold upon the ordi- ( p) " Market odlne." — The value of property is a matter as to which opinions iisually (litter widely, aecording as the valuator may be of a sanguine or of a gloomy temperament, and according to whether he be a property ^owner and fixes the present . value upon the basis of future increase, being able to wait for his price, or whether lie is not a property owner or lias property for which he cannot find a purchaser. A man who is impressed with a consideration of how mucli a thing is worth will enter- tain a widely different opinion from liim who simply looks at it as a thing to be purchased in expectation of profit, whether by the employment of it or selling it again ; Draper, C. J., in Mr.Quai;/ r. The, Umty Fire In'>. .")!), .sub-s. 2). (c) \V'here there has been an appeal to the County Judge, then on such day prior to 1st Aug., as the decision of the Judge is given (s. 60). It has been, held in Quebec that a secretary-treasurer was acting properly in mak- ing the voters' list out, pending an appeal, llickaon it lU. v. Aliboft, 2") L. C. J. 289. (r) '^ Real Fropc rt i/." —Thmga real are such as are permanent, fixed or immov- able, which cannot be carried out of their place ; as lands and tenements. I'>laek, Com. 12 Ed. Book 2, cap. 2. As to " immovables " in Quebec, see Civil Code, Book 2, title 1. (kJ '' Hoii-«', etc or any porfioiM Mereo/.'"— Prior to the Parliamentary and Municipal Reg. Act, 1878, in England, much difficulty had arisen in defining the words " house" and " building," but the result of the cases appears to have been that the occupation of part of a house only conferred the qualification in a case where such part was structurally severed from the rest. Cooky. Humher, 11 C. B. (N. S.) 733; 3 L. J, C. P. 73; Ellis V. Barc/i, L. R. 6 C. P. 327; 40 L. J. C .P. 169; Boon v. Howard, L.R. 9C. P. 327. To meet this difficulty the above Act provided that the terms " house,- warehouse, counting-house, shop or otlier building," shall include any part of a house where that part is separately occupied for the purpose of any trade, business or pro- fession, and that the term " dwelling-house " shall include any part of a house where that part is separately occupied as a dwelling, «nd that part shall not be deemed to be occupied otherwise than separately by reason only that the occupier is entitled to the joint use of some other part (s. ,")). It is clear that under tliis Eng- hsii Act, structural severance is no longer necessary to constitute either a " house '" or a "dwelling-house,'" Lely and Foulkes' Parlianientarj' El. Acts. ')"), and it is con- ceived that this provision of our Act will receive a similar interpretatiim. See note " Tenant " ante. " Building " includes a cowhouse, Whitmore v. Winlock Town Clerk 5 M. tS: (i. 9 ; a quite separate room in a factory ; WrUjht v. Stockport Tonm Clerk, 5 M. & G. 33 ; and a shed used for storing, Powell v. Farmer, 18 C. B. (N.8.) 168 ; the building must be of some permanence, Norri.th v. Harris, L. R. 1 C. P. 155 ; 35 L. J. C. P. 101 ; a counting-house heed n(»t be structurally severed, Pitrcy v, Maclean, L. R. 5 C, P. 252 ; 39 L. J. C. P. 115 ; 21 L. T. 213 ; 18 W. R. 132 ; I H. & C. 321 ; see Ont. Franchise Act, 1885, s. 2, sub-sec. 7 and 8, post and ndtes. (t) " And forming part thereof." — A suspension bridge may form part of land and real property ; The Ninifara Falls Suspension Bridge Co. v. Oardner, 29 U. C. (J. 22 TlIK DOMINION FlUNflllSK. Heuiion. Tilt I'roviiKH'. 'I'liD itvisiiij; Offl.fl. At) to Sundays and holidiys '• Section " moan.s a section of this Act ; " Tlie Province" means that Province of the J)oniinion in which the n^visingotticer in the case oi- matter referred to, is appointed ; " The revising- officei' '" means any revisini; officer ap- pointed for tlie place referred to in the context, and com- petent to th» the thiny reciuired : 2. If the time limited by this Act for any proceeding or for the doing of. an}' act under its provisions expires or falls upon a Sunday or day which is a public holiday oi holiday under " Tlrelnterpvehition Act,'' (u) the time so limited shall be extended to, and such act may be done upon, the day next following which is not a Sunday oi- such a holiday a« aforesaid. $ ^ i iu fi QUALIFICATION OF VOTERS IN CITIES AND TOWNS. Who shall be 8. Evciy pcrson shall, upon and after the first day of rejristercd as . , i- / v r i ii i • i voters if quaii- Januarv m the year of Uur Loid one thousand eimit fled as to- "^ . "^ . . _ * hundred and eighty-six, be entitled to be registered on the list of voters for any electoral district or portion thereof in Canada, being a city or town or part of a city B. 194. A win«, 1 Salk. 44). A person l)orn on tlie Kitii Aug. IT'i."), wliA died on the l."»th Aug. 174(), was held to imve lived td attain the age of '21 years. (Tudtr v. Sdiisam, 1 Brown's 1'. C. 468). (w) " Jiy t/ii" Ac/.'' As to wiio are disqualiHed liy this Act. See sec. 11, poxl. (x) ''liy iiuy Ikii of the. JJotninloji uj' Cnndi/n.'—Vevsona who iuive been found guilty of any c'> "rupt practice are disqualiHed from voting for eight years. See chapter on "Penalties" under Dominion law, /losf. As to what are corrupt practices, see cliapters on "Corrupt Practices," /msf, also, note to sec. 11, /(O.s/. It is l)elieved thattiiis section and section 58, /yo.s7, in etl'ect repeal sec. 40 and the latter part of sec. ]',V,i of the Dominion Klecticms Act, 1874, whereby " all persons (|ualiHe(l to vote at the election of representatives in the House of Assembly or Legis- lative Assend)ly of tiie several provinces, composing the Dominion of Canada, (iml no olhei-s," (sec. 40) were given the franchise for Dominion elections. Under the I'ro- vincial laws certain persons are expressly dis(|ualitied ; for instance, under the Ontario Act (Rev. Stats, c. 10, s. 4), besides the judges, the following officials are distjualiticd, all olHccrs of the Customs of the Dominion -of Canada, all clerks of the I'eace, County Attorneys, Registrars, Sheritls, Deputy -Sheritt's, Deputy Clerks of the Crown, and agents for the sale of Crown lauds, all postmasters in cities and towns, and all oHicers employed in the collection of duties payable to Her Majesty in the nature of duties of excise.. These may be said to have been disipuiliHed under a " lair of the Dominion of Canada,'' as their dis(pialiHcation was adopted by the sections of the Dominion Elections Act above referred to. Rut, as these sections are repealed as above mentioned, they can no longer, it is conceived, be teiined a " law of the Dominion of Canada," and the persons disqualiHed by the IVovincial laws will be no lungoi', /"/MO t'lirlo, diaiiualiHed from ^'oting for niend)ers of the House of Commons, \inles8 they come within section 11, yws/. Of the officials distiualified under the Ontario law, as al)ove, the judges only are named in sec. 11, consequently all the others will, it is presumed, be entitled to vote, except when acting as returning ofHcers, election clerks, etc. (See sec. Il,sub-s (b). It may be said that inasmuch as sec. .■J8, /J(>.v^ only provides that the previous "■ qnalifivatioii of voters at such elections and the lists of voters '" are to be superseded by those prescribed by this Act, without mentioning previous '//.s7«(»/;/»'f7»//oH.v, the repeal of the lattercannot be implied,, uuless they be held to be " inconsistent with this Act. "" Vet it is conceived that the effect of the sections referred to is as has been stated, and that a law repealed by a subse- quent section of this Act cannot be held to be a Ian- of t lit Dominion of Catuulu within subs. ( 1 ) of .sec. 8. f 2^ Alli'ifiancc. THE DOMINION FRANCHISE. voting (y), and (2.) Is a British subject by birth or naturaliza- tion (z), and fifj " VofiiKj." — See Interi>retatiou. ante. (z) ".4 lirifixh .tiilijirl hij birth or iiiifiirit/i:.ntlo/i." — By the Conimoii Law of Kiiglaiul every person born within the dominions of the ('rown, no matter whetlier of Knglisli or foreign parents, and in the hitter case, whetlier the parents were settled or merely temporarily sojourning in the country, was an English subject, save only the chihh-en of foreign amba8sa(h)r8 (who were excepted because their fathers carried their own nationality with them), or a child born to a foreigner during the hostile occupation of any part of the teiiitories of England (Howell on Naturalization, p. 8). This was modified and extended by the statutes 2") Edw. III., st. 2 ; 7 Anne, cap. o ; 4 Geo. III., cap. 21 ; 13 Cleo. III., cap. 21. By these Acts the status of British subjects was conferred upon the children and grandchildren of British subjects born out of the dominions of the drown ; while the chihhen of tiiose subjects who, at the time of those chihlren's ))irth8, were traitors, or felons, or engaged in war against the Crown, were excluded. It was further held that the child of an English merchant, born beyond the sea, l)y a foreign wife, was a natural born subject. Colfinj/irood v. Pare, 1 Ventris 427. The law as abovt> brietiy dehncd became the law of the Pro- vinces of New Brunswick, Nova Scotia (See Salter v. ffiajlas, Oldright's Rep. 409), Prince Edward Island, British Columbia and Ontat io, the first four being accjuired by settlement which carried with it the laws of the mother country, while these laws were introduced into Ontario by the cliange from French to English law in 1 792 A like result in (Quebec flowed from the cessi(m of Canada by the French to the English (see Hlith Article of C'apitulation of (.'anada between Major-Ueneral Amherst and the Marcjuis de Vaudreuil and Treaty of Paris, 1768) Chapman v. Hall, Cowper's Reports, 204), and the C'ivil Code of ISOo, which latter provides that, "a person born in any part of the British Empire, even if an alien, is a British subject l)y right of birth, as also he whose father or grandfatiier, by the father's side, is a Briti.sh subject, although he be himself born in a foreign country ; saving the exceptions resulting from special laws of the l^jnpire." The Imperial Statute con- ferring the status of British subjects on grandchildren born abroad was repealed by the Imperial Act of 1870, and the effect of that repeal is said to be that such grand- children born after 1870 would be aliens in all the Provinces other than Ontario and Quebec, where the law as introduced in 1792 and 1865 respectively would remain unaltered by the English repealing statute [Caiuula Law Tlmex, vol. 1, p. 17). The old maxim " Once a British subject, always a British subject,'' involving sometimes the anomaly of double allegiance, was aftii'nied in Canada by Robinson, C. J., in Doe d. Hay v. Hunt, (11 U. C. R. 381), and its subsecjuent relaxation was notical by Draper, C. J., in Ueij. v. McMahon, 26 U. C. R. 195^ though he referred to the rule of indelible allegiance as still prevaiUng in the Province, while in the case of Reijina v. Lynch (26 U. C. R. 208) the maxim was recognized as being the law of the Province. The Imperial Statute of 1870 made the law consistent with modern views, by provitUng for change of allegiance both by British subjects and aliens, an-/^= '•?»: '# !■; IS THE DOMINION FHANCHlSt:. 25 tliis statute may he reganled as tlie parent of t!ie Dominion Statute of 1881 (44 Vic. cap 13) which reeogui/CH the following : 1 Hiiti.sh subjects l)y hirth. 2. By natu- rali/atiou (sec. 17). •^- By '' declaration of British nationality," made within two years after coming into force of the Act by persons naturalized in foreign state before the Act, Imt desirous of remaining British subjects (sec. 9, sub-s. 1 ). 4. My special certificate, where nationality as a British subject is doubtful (sec, 18). o. By certifi- cate under the Actobtainedbyj)ersons who were naturalized previously to tiie Act,(8ec. H(). (). By resumption of I'.ritish nationality, i i-., where a " statutory alien " obtains a " certificate of re-admission to British nationality" (sec. 20). 7. By naturalization, where the foreign state of which he was a subject, having by a convention, or by its laws recognized the right of expatriation, by such convention or laws, requires a residence oi- service in Canada of more than three years as a condition precedent to its subjects divesting themselves of their status as such subjects, and an oath has been taken and certificate granted, shewing residence or service for such period (sec. 24). 8. By naturalization, where an alien, who, whether under this Act or othei-wise, has be- come entitled to the privileges of British birth in Canada, and desiring to divest himself of his stjitus as a subject of a foreign sttite, fcikes the oath of residence or service for the period of time requiied by such convention or laws of foreign state (sec. 25). 9. By re-admission within Canada of a widow, who being a natural born British subject, is deemed to be a statutory alien in consequence of her marriage, (sec. 27). 10. Children of parents naturalized within Canada, becoming resident during infancy. 11. Children of parents who have been re-admitted to British nationality. (Hoirt// on Naturalization, pp. 9 and 10). Section 10 and following sees, to sec. 15 inclusive, of the Act of 1881, provide for the ordinary proceedings for naturalization of aliens to be now followed, and the period of residence fixed by order in Council as mentioned in sec. 10, is five years immediately preceding the ',aking of the oaths. A much simpler and speedier mode for those aliens who resided in the older provinces on or before 1st July 1867, or in Rupert's Land or the N. W. Terri- tories on or before 15th July, 1870, or in British Columbia on or before 20th July 1871, or in Prince Edward Island on or before 1st July, 1873, to be become naturalized, is prescribed by sec. 42. It is presumed that resident. and assessed inha})itants of the Province are British subjects till something is shewn to the contrary, from which it can be determined that they are aliens. Queen ex. rcl. Carrol v. Beckwit/i, 1 U. C. P. R. 284. But proof of foreign birth raises a presumption of alienage which must be rebutted by proof of naturalization of the alien, and that presumption cannot be rebutted by proof that the person a .sumed to vote as a naturalized subject and even took the oath at a previous election. Our statutes for the naturalization of aliens provide means of pi-eserving and furnishing to the alien the proof of his naturalization, and for the reception of that proof whenever the fact has to be established by evidence, Srhi-nck-\-< rote, Liitroln (2), 1 H. E. C. 500. Where a voter in support of his own vote swore that he was born in the U. S., but that his parents were British subjects, and that he derived the knowledge of both facts from his parents - //fi/ri, that his whole statement must be taken together and vote good — Mnlrfuitav'x rote, — 76. The evidence of a voter that he understood from his parents that he was born in the 2«) TIIK DOMINION FRANCHISE. UwncrHh)p. Teriaiicv. (M.) Is the owner (a) of real property (h) witliin any such city or part of a city, of the actual vahie of three hun(he(l dollars, or witliin any such town or part of a town, of the actual value of two humhetl dollars ; — or (4.) Is the tenant (c) of any real ))roperty within any such city or town (d) or part of a city or town, under a lease (e) at a monthly lental of at least two dollars, or at a (piarterly rental of at least six dollars, or at a half-ytsarly rental of at least twelve dollars, or at an annual lental of at least twenty dollars, and has been in possession thereof (/) as such tenant for at least one year next before the tirst day of January, in the year of Our Lord one thousand eight hundred and eiohty-six or in any U. S., l)ut that his father was born in (Canada, and tliat he (tlie voter) had livcl in ('anaihi from infancy, received, and vote iiehl good, Wri(j/if')i rote, lirockrille, 1 H. K. C. 138; see also /Vfiualitication are situate." A (juestion has been mooted, whether having regai'd to the provisions of the Knglish Act, the occupation of premises in immediate succession in ditt'erent divisions'of a county (as to which tliere is no similar provision to tlie above regarding tenants in boroughs), instead of in the same division or constituency, will, after the first registration, qualify. See Hunt's Fran, and Keg. Law, p. 2. It may be remarked that the Reform Act of 1832 and the Kep. of People Act of 1867 contained provisions permitting regis- tration of persons who occupied ditt'erent premises in inunediate succession, the former as to boroughs, the latter as to counties. My the Act of 1878 (41 and 42 V., c. 26, s. (). s\ibs. 2), a loi/i/ir'-i "successive occupation " nnist be of lodgings in the ¥ i\ f ProviMo ; au to valuation of property on aHseasnient roll. il! 28 THE DOMINION FKANCHISE. shall not deprive' the tenant of the right to vote if such change is without any intermission of time, and the several tenancies are such as would entitle the tenant to vote had such tenant been in pos- session under either of them, as such tenant, for the year next before the date of the said certifi- cate ; and provided further tliat where on any re- vised or final asses.'jnieut roll th amount of the tenant's rent is not stated, the tact that the real property in res])ect of which he is entered on sucli roll as the tenant thereof is assessed in cities at thiee hundred dollars or more, or in towns at two hundred dollars or more, shall be prima fade • evidence of, his right to be registered as a voter ; —or Occupancy. (5.) Is the bonu tide occupant (i) of real property within any such city or part of a city, of the ?.ctual value of three hundred dollars, or within any such town or part of a town of the actual value of two hundred dollars, whether such occupation is under a license of occupation or agreement to purchase from the Crown or from any other person or corpor- ation, or exists in any other manner except as Proviso. owner or tenant : Piovided in any case, that such pei'son has been in possession (_y) of such real pro- perty as such occupant for one year next before the first day of January, in the year of Our Lord one tliousand eight hundred and eighty-six or in any same hoimc. It may be argued tliat the "several tenauciea" referred to in the sub-sec- tion now under review, nuist be ni premises all of which are within the " city or town or part of a city or town" wiiicli forms the electoral district, or which is included therein, in the absence of a provision similar to that contained in the English Act of 1885 regarding the borough fiancliise, above quoted. See sec. 4, subs. (4) poxf. (i) '' Occiipunf." — See Interpretation and note, ante. (./) " PoHxnxMion." -i^eti Inttn-pretation, note " ocriipaiif," ante. I . -i- THE DOMINION FRANCHlSli. 29 subsequent year, and is and has been for such time in the enjoyment of the revenues and profits thereof, for the use of such occupant, or in the case of a married man, for his own use or for the use of i" case of imu ried man. his wife : or — (6.) Is a resident (k) within such city or town, or part Residence. (k) " Ix a rc-iidenf." — " To constitute a residence, a party must possess at least a sleeping apartment, but an uninterrupted abiding is not requisite, and absence, no matter how long, if there be the liberty of returning at any time, and no abandon- ment of the intention to return whenever it may suit the partj''s pleasure or con- venience so to do, will not prevent a constructive legal residence." This is the detinition of " residence " in the 27th sec. of the English Act of 18.S2, adopted by Erie, C. J., from Elliott on Registration, 2nd ed., p. 204, in Pohh'U v. (•'licit, 34 L. .1., C. P. K9. Sleeping elsewhere for the purpose of business, if the lodgings have been occupied by the family of the lodger, and if he l)e not deprived of the power of returning, is no break of residence, Tiii/'or v. Knisiiii/toii Oirr.seers, L. R. (>, C. P. 309 ; 40 L. J., C. P. 45 ; 23 L. T. 493 ; 19 W. R. 100 ; 1 H. & C. 421 ; see also Bond V. St. (honje, llanori'r Siiiiure Overxi'tr-i, L. K. H, C. P. 312; 40 L. J., C. P. 47; 23 L. T. 494 ; 19 W. R. 101 ; I H. kV. 427 The residence need not be continuous, nor need it be by the party himself ; l)ut if it be (juitted, or if his family or servants only be resident for part of the time, there must be a lioiiafdt intention on his part to return W/iifehoni v. Thomtu, ~ M. and («. 1. A clergyman who exchanges duties and residences with another clergyman breaks his residence. Ford v. Pye, L. R. 9, C. P. 269 ; 43 L. J., C. P. 21 ; 29 L. T., .-,84 ; 22 \V. R. 159 ; 2 H. & C. 157 ; and so does a rector who remains abroad undi r a license of non-residence. Durant v. Carter, L. R. 9, C. P. 261 ; 43 L. .1., ('. P. 17: 2 H & C. 142. And a man . 73 ; 47 I.. J., C. P. 5« : 37 L. T. 408 : 2 H & ('. .374. liHjiiia v. Nurmmd. L. R. 2, Q. H. 457 Oldham Elerlioii, (liaxl) in such city or town or part of a city or town, for one year next before the first day of January in the year of our Lord, one thousand eight hundred and eighty-six, or in any subsequent year, if the real property on which his father (or his mother after the death of his father) resided or resides, and in respect of which such father would be qualified to vote under this Act as owner if living, is of sufficient value if equally divided among all of his sons as co-owners, to qualify them as voters under this Act, in which case such one or more sons as may desire may be so registered as voters; and if the said real property is not '>f if value not sufficient value to give each of sevei'al sons the f,"anfy aVsons right to vote in respect of such value when equally' divided, then the right to be registered as a voter and to vote in respect of such real property shall belong oidy to the eldest or such of the older sons, being so resident as afoi-esaid, as the value of the real property when equally divided will qualify :— (o) " Jf()//H?'." — See Inteipietation, diifc. ip) (" Bdiuj niich ofCHcr.") These words^evidently refer to " iiiotlior," see the ex- pression "or Ilia mother after the deuth of his fatlier," furtiier on, also a. 4, hu1> a. 7. (b) fiii{if. 32 Proviso ; as to resilience, and as to absence. THE DOMJINION FRANCHISE. Provided, that in either case, in order to entitle him to vote, each such son must at the time of the election for the electoral district in which he ten- ders his vote, be so resident with his father (or mother after the death of his father) ; but occa- sional absence of a son from the residence of the father or mother, for not more in all than six months in the year, shall not disqualify such son as a voter under this Act, ill I Who shall be rcffistered as voters, if quali- fied as to— Asro. Allegiance. Ownership. Tenancy. IN COUNTIES. 4. Every person shall, upon and after the Hrst day of January in the year of Our Lord one thousand eight hundred and eighty-six, be entitled to be registered on the list of voters for any electoral district or portioh thereof in Canada, other than a city or town or portion of a city or town, and when so registered to vote at any election for such elec- toral district, if such person — (1.) Is of the age of twenty-one years and is not by this Act or by any law of the Dominion of Canada disqualified or prevented from voting ; and (2.) Is a British subject by birth or naturalization ; and (3.) Is the owner of real propeuty within any such electoral district of the actual value of one hund- red and fifty dollars ; — or (4.) Is the tenant of any real property {q) within any such electoral district, under a lease, at a monthly rental of at least two dollars, or at a quarterly rental of at least six dollars, or at a half-yearly rental of at least twelve dollars, or at an annual (7) " Tenant of any real propeiiy." — See ante. THE DOMINION FRANCHISE. 33 itle him 3 of the he ten- ther (or ut occa- ;e of the bhan six such son st day of thousand ied to be electoral er than a md when uch elec- s not by [f Canada Ind lization ; my such ^e hund- ithin any monthly quarterly Llf-yearly In annual lental of at least twenty dollars, in money, in kind or in money's worth (r) of like value (except when the real property is situated in an incorporated village, in which case the rental must be payable in money only), and has been in possession thereof as such tenant for at least one year next before the first day of January in the year of Our Lord one thousand eight hundred and eighty-six or in any subsequent year, and has really and bona fide paid one year's rent for such real property at not less than the rate aforesaid : Provided, that the year's proviso -, as to • 1 1 rent. rent so required to be paid to entitle such tenant to vote shall be the year's rent up to the last yearly, half-yearly, quarterly or monthly day of pav:nent, as the case may be, which shall have occurred next before the date of the certificate of the final revi- sion of the list of voters made by the revising officer as hereinafter mentioned ; except where the Exception. rental is an annual one and for a larger sum than twenty dollars, in which case at least twenty dol- lars of the last year's rent which shall have accrued next before the date of the said certificate must have been paid ; and provided also, that a change Proviso ; :.s to r ' I ' o change of teii- of tenancy (s) during the year shall hot deprive the ^^^y- tenant of the right to vote, if such change is with- out any intermission of time, and the several ten- ancies are such as would entitle the tenant to vote had such tenant been in possession under either of them, as such tenant, for the year next before the date of the said certificate that where on any revised or final'assessment roll Provided further, Proviso; if rent is not stated. (»') " /n money, in hind or in money's xoorth." See Interpretation, "Teuaut," nnU'. (s) " Change of tenancy " — See note to same words in sec, 3, subs. 4, aw/f. 34 THE DOMINION FJIANCHISK. I Ml- Oocnpancy. I'roviso ; as to length of i»os- sessiun. Kesideiioe and income. s the amount of a tenant's rent \^ not stated, the fact that the real property in respect of which he is entered on such roll as tenant thereof is assessed at one hundred and fifty dollars, or over that sura, shall be held to bo prima facie evidence of his right to be registeied as a voter ; or — (.") ) Is the bona tide occnipEiut of real proi)erty within such electoral district of the actual value of one hundred and fifty dollars, whether such occupation be under a license of occupation oi- agreement to purchase from the (yrowii or from any other person or c(»rporation, or exists in any other manner ex- cept as owner or tenant : Provided in any case, that such person has been in possession of such real property as such occupant, for one year next before the first day of January in the3'ear of Our Lord one thousand eight hundred and eighty-six, or in any subsequent year, and is and has been for the said time in the enjoyment of the revenues and profits thereof for the use of such occupant, or in the case of a married man for his own use or for the use of his wife ; or — (0.) Is a resident within such electoral district, and derives an income from his earnings in money or money's worth, or from some trade, office, calling, or profession or from some investment in Canada, of not less than three hundred dollars amiually, and has so derived such income and has been such resident for one year next before the said first day of January in the year of Our Lord one thousand eight hundred and eighty-six or in any subsecpjent year ; or — 1 THE DOMINION FRANCHISE. 80 (7.) Is a farmer's son (t) not otherwise qualified to vote ; as a farmer's ' ^ • '■ 8on. and — (a.) If his father is living, is and has been resident „ f^,,,,,,. j^ continuously on the farm of his tathoi', in such ' '*"■ , electoral district, for one year next before the first day of January in the year of our Lord one thou- sand eight hundred and eighty-six or in any sub- sequent year, if the said farm is of sufficient value, if equally divided amongst them as co-owners, to qualify them as voters under this Act, in which case the father, and such one or moie sons as may desir(! may be registered on the list of voters ; and cuse of several _ _ sons ; and value if there be more than one son resident as aforesaid of rroperty not suffliMont to on the farm, and claiming to be registered as voters 'i"'*''fJ "" in respect thereof, and the faiin is not of sufficient value to give the father and each of such sons the light to vote in respect of such value when equally divided, then the right to be registered as a voter and to vote in respect of tlie farm shall belong only to the father or to the father and the eldest or such of the elder of the sons, being so resident as afore- said, as the value of the farm when equally divided will qualify ; or — (<) " Farmtr\s non " — The enfranchisement of this class was introduoed in Ontario by 40 Vic. c. 9 of the Statutes of that Province. It was considered that the sons of farmers residing at home with their parents had practically an interest in the farm, whiclj in many cases had been promised and in others willed to them, though the parent continued to be the legal owner. In such cases the sons were lield entitled to vote as tenants, but in the majority uf cases the relation of landlord and tenant could not be made out, and the son could not conse(pientIy (jualify for the franchise, though an arrangement often existed liy which the son was to become in time the owner of the farm. As the farmers' sons weie as a rule intelligent, industrious and permanent residents of the Province; the franchise was extended to them by the above Act; but no similar franchise was conferred upon tlie sons of any other class of property owners. By thi.s Act and the Ontario Fran, and Rep. Act of 1885. the right to vote is extended on like conditions to the sons of other landowners in cities, towns or elsewhere, thus doing away with the objection which formerly existed — that one class was enfran- chised while anotlier under similar circumstances was not. The young men of the cities and towns had formerly also to pay a tax by 31 Dec. preceding the election in order to entitle them to vote on income. Tliis provision of the Ontario Act js now also repealed, while no such provision exists in this Act. • A ;} ' . •I I 36 If father is (lead Case of more than one son; and vnlue of proi>ertj not autfic'ient to qualify all. Proviso ; as to residence and absence. As sou of owner, not u farmer. If father Is living. THE DOMINION FRANCHISE. (6.)' If his fatlici- is dead, — is and has been resident continuously on the farm of his father (or mother after the death of his fathei-) in such electoial dis- trict, foi' one year next before the first day of Jan- uaiy, in the year of our Loid eighteen hundred and eighty-six, c»r in any subsequent year, if the said farm is of sufficient value, if equally divided among all of the sons of such father as co-owners, to qualify them as voters under tliis Act, in which case '^uch one or more sons as may desire may be registered on the I'st of voters ; — and if there be moie than one .son resident as aforesaid on the farm and claiming to be registered as voters in respect thereof, and the farm is not of sufficient value to give each of such sons the right to vote in respect of such" value when equally divided, then the right to be registered as a voter and to vote in respect of the farm, shall belong only to the eldest or such of the elder of the sons, being so resident as aforesaid, as the value of the farm when so equally divided will qualify : Provided that, in either case, in order to entitle him to vote, the son must at the time of the election for the electoral district in which he tenders his vote, be so resident with his father (or mother af- ter the death of his i'ather) ; but occasional absence of a son from the farm for not more in all than six months in the year .shall not disqualify such son under this Act as a votei-; — or (8.) Is the son of any owner of i-eal pioperty in such electoral district, other than a farm (and not other- wise qualified to vote) and — {a.) If his father is living, — is and lias been resident 1 THE DOMINION FRANCHISE. »7 upon such property continuously witli h\s father, being such owner, for one year next before the fiist (lay of January in the year of our Lord one thousand eight liiuuh-ed and eighty-six, or in any subsequent year, if the i-eal property on which his fatliCr resides and in respect of whicli such father is qualified to vote undei' this Act as owner, is of .sufficient value if equally divided amongst them as co-owners, to qualify them as voters under this Act, in which case both the father and such one or more sons as may desire ma3' be registered as voters ; and if the said property be not of suf- h value not suf- * ' •' flcieiit to quali- fieient value to give the father and each of such fy ft" sons, sons the right to vote in respect of such value when equally divided, then the right to be regis- tered as a voter and to vote in respect of such real property shall belong only to the father, or to the father and the eldest or such of the elder of the sons, being so resident as aforesaid, as the value of the real property when equally divided will qualify ; or — (6.) If his father is dead, — is and has been resident h father is dead upon such ])roperty contitniously with his father (or his mother after the death of his father) being such owner, for one year next before the first day of January in the year of our Loid one thousand eight hundred and eighty-six, or in any subse- quent year, if the real property on which his father (or his mother after the death of his father) re- sided or resides, and in respect of which such father would be qualified to vote under this Act as owner if living, is of sufficient value, if equally divided amongst all his sons as co-owner.s, to ■ W" 38 TFIK DOMINION FRANCHISE. If V'lue of pro- perty illHUtti- cieiit to qiialifv all suns. Provi.so ; as to reaidonce and Bs to absence. Fishermen. " qualify them as voters under this Act, in which case such one or more sons as may desire may bo registered as voters ; — and if the said projjerty be not of .suflicient vahie to give each of sucli sons the right to vote in lespoct of sucii vahie when equally divided, then the right to Ijc registered as a voter and to vote in respect of such real property shall belong only to the eldest or such of the elder of the sons, being so i-esident as aforesaid, as the value of tlu! real pioperty when eijually divided will qualify : Provided that, in either case, in order to enable him to vote, such son must, at the time of the election for the electoral district in which he tenders his vote, be so resident with his father (or mother after the death of his father) ; but occasional ab- sence of the son from the residence of the father or mothei' for not more in all than six months in the yeai", shall ifot disqualify such son as a voter under this Act ; or — (9.) Is a fisherman, (u) and is the owner of real pro- perty and boats, nets, fishing gear and tackle within any such electoral district, which together are of the actual value of one hundred and fifty dollars. APPLICABI-E TO ALL ELECTORAL DISTRICTS. Ill a city or 5. The qualifications requii'ed of voters under section town attached . . to a county or three, sluill aiiplv to voteis in a city or town or the part riding. i i ./ •' . r of a city or town attacheil to a county or riding of a county in any electoral district, for electoral purposes («) " Finhermaii." -This provision is intended to enfrancliise a class of voters, chiefly in the maritime provinces, whose vocation is such that they do not acquire much property in the shape of real estate. THE DOMINION FRANCHISK 8& under tliis Act, aiul the (lualifications required of voters under section four, sliall apply to voters in such inunici- j)alltieH or places not being cities or towns or portions of cities or towns, as are attached to or included for electo- ral purposes in cities oi' towns or portions of cities oi' towns. {'). Wlienever two or more- persons are, either as busi- joint teimncy ill cntninon. or lU'ss partners, joint tenants, tenants in common, or by othercotenancy any other kind of joint interest, {v) the owners, tenants or occupants of any lot or portion of a lot or parcel of leal property in any electoral district, each of such persons whose share therein is sufficient (w) in value, or in the case of tenants, in amount of rent, according to the pro- visions of this Act, to qualify such person as a votei in respect of leal property, shall be entitled to be registered on tlie list of voters, and to vote in respect of such share as if it were held in such persim's individual name, and not jointly with one or more. 7. Pei'sons qualified utider this Act as voters in res- piace of registry (v) '* Anij other kind of joint iiittrtst." -This, it is conceived, will not entitle nienibers of joint stock incorporated companies to vote on tlie companies' property, even wlieie the property is sutHcient in value, if divided among all the shareholders to give each one the necessary qualification ; see Nova Scotia Fran. Act, 1885, s. 5 ; Quebec El. Act, 38 Vic, c. 7, s. 10 : Manitoba Act. Kcs. Leg. Assembly (Consol'd.) a G3, poift, {(V) " WhoKt share thtreiii ix .siilHcitiit." — If A and IJ possessed together property of tlie value of $'A00, A for a third, and li for two-thirds, IJ could vote, but not A, and the same as to rent ; Elvctorul Liatu of Kamouraska, 3 Q. L. It. 308, S. C. 1877. B's •[ualificcttion would not however in the above case be sufficient in value to give a vote in a city, under this Act. The provision under this sec. is similar to tliat under the Quebec Act, 38 Vic, c. 7, s. {) ; Manitoba Act, s. (i2. Under the Nova Scotia Act of 1885, the property is apportioned according " to the best of the assessors" judgment,'" (s. 5), wliile under the new Ontario Act all or none of the partners must have votes. See Ont. Fran, and Representation Act, 1885, s. 3, subs. '' Firstly " (3) Ijont. See also Prince Edward Island Act, 34 Vic. c. 34, s. 14. Where two or more partners were in business and one of them owned the freeliold, where the business was carried on, both partners could under the foimer Ontario law vote, if the assessment were sufficient. So%ah Grenril/e Election, Fitz(/eralil's vote, 1 H. E. C. 165. ! 40 ! f for votorn I'ropert.N ex tciidint: into nioro than one polliiisr district. Ah to time spent by sonH as niai'inera, flsliernicn or Ntudeiits. Special provi- aions as to B. C. and P. E. I. Age. Britisli subject. niE DOMINION lUANCMISE. pect of income shall only be rej^'isteied as voters and vote ill the pollin<^ district where they reside at the time of re^^istration ; and penons qualitied otherwise than on in- come shall only be registered as voters and vote in the polliuLj district wliere the real property in respect of wliich they are qualified is situate; but when the pro- perty is j)artiy within one polling district and partly within another, although all within one electoral district, the person qualitied in respect thereof shall be entitled to be registered and to vote in either of such polling districts for which he may desire to be registered as a voter. 8. In the ease of the sons of farmers, or of owners other than farmers, the time spent by such sons'as mari- ners or fishermen in the prosecution of their several oc- cupations, oi' as students in any institution of learning within the Dominiim of Canada, shall be considered as spent at home (lua). 9. In the Provinces of British Columbia and Prince Edward lii\a.ud(iuh), besides the persons entitled to be re- gistered as voters and to vote under the foregoing jtrovi- sions of this Act, every perstm who at the time of the passing of the same : — (1.) Is of the age of twenty-one years and is not by this Act or by any law of the Dominion of Canada disqualified or prevented from voting, and (2.) Is a British subject by birth or naturalization and resident in the Province, and is entitled to i (w;o) See Nova Scotia Fran. Act (1885), s. 3. (wb) British Columbia and Prince Edward Island are the only provinces which have been .allowed to retain their Provincial Franchise laws in respect to Do- minion Elections. The provisions of their respective franchise Acts will be found in 8ubse(juent cliapters. The system of registration provided by this Act will, how- ever, prevail hereafter, for Dominion purposes, in these, as in the other provinces. i THK DOMINION FRANCHISK. 41 ir tlioae mliflcil under is A(a after a vote in the said Provinces respectively by tlio laws now severally existing in the same, Shall have a right to he registered as a voter and to KoKistratinn as " v(/tt'rs. vote so long as he shall continue to be (jualified to vote under the provisions of the said last mentioned laws and no longer. 10. Except th(^ persons duly qualitied and retjistered n.. voters f< ' ' -^ ' y u. (; I. lit til as voters under this Act, no person shall be entitled to '^y^' vote at any election for the House of Commons of Canada '^"'■'*"' ^'"'®- aftei* the time when the duplicates of the first list of voters, finally revised and certified as hereinafter pro- vided, for the electoial distiict for which the election is to he held, shall have been forwarded to the Clerk of the Crown in Chancery at Ottawa, as also hereinaftei" pro- vided : — but at any election held before the time afore- provision until said, the voters shall be those entitled to vote thereat under the laws now in force, (x) which .shall continue to apply to such election and all proceedings thereat or re- lating thereto. WHO SHALL NOT VOTE AT ELECTIONS. 11. The following persons shall be disqualified and persons aisqua- ,, , / \ , ii- , I'lii'i lifled as voters. incompetent to vote [y) at any election to which this Act (x) " Laws noil} infore<'," — The several provincial laws. See sec. 40 of The Elec- tions Act, 1874. fy) Di.iqiia/ified'nnd incompetent to ro/p." — See as to further disqualifications, s. .S, subs. (1) anfl notes thereunder, ante, also chapter on " Penalties," ;w.s<. By sections 31 and 39 the lists as finally revised ' shall be binding on any judge or other tribu- nal appointed for the trial of any petition complaining of an undue return oi a mem- ber to serve in the House of ('ommons." This is apparently intended to abolish all riglit to a scrutiny of the votes. If, therefore, the revising officer should insert the name of a disqualified person upon the list of voters and his name remains thereon after the final revision and such person votes, it would seem that his vote cannot be struck otF, though he would be subject to the penalties prescribed by the election law and the revising officer would be subject to the penalty prescribed by section 63, pnat. It may well be doubted, however, whether the eflfect of the sections (31 and 39) with section .^8 is to nullify the provisions of the Elections Act, which direct 42 THK DOMINION FRANCHISE. |i I' Judifus. Election otiloers ainla,'i'nt(,ftc., of candidates. applies, except that the persons or officers named in para- grapli "6" of this section shall only be disqualifiecJ and incompetent to vote at elections for the electoral districts for which they hold such offices or positions respectively : (a) The Chief Justice and Judges of the Supreme Couit of Canada, the Chief Justices and Judges of the Superior Courts in the Provinces of Canada, and the judges of all other courts in the said Pro- vinces of Canada, and the judges of all other courts in the said Provinces, whether such coui'ts are now in existence oi' are hereafter erected ; (6.) Revising officers, returning officers, and election clerks, and any person wht) at any time either that on proof of certain corrupt acts, a vote shall be struck off the votes polled for the candidate (who has by himself or his agents been proved guilty of corruption) for every perbon proved on the trial of an election petition to have been corrupted, (see 37 Vic. cap. 'J, sees. 73, 94 and 9G). It is true the Acts as to Elections, Controverted Electiotis and «»rrupt practices are *' to apply to elections and proceedings thereat to which this Act is to apply" only " in so f^ir as they are not inconsistent with tliis Act, and except alway.s as to the i|uallication of voters, which shall be those pre- scribed by this Act, and to which all the piovisions of tlie said Acts which depend on such qualification shall be construed as referring"; while "all the provisions of the said Acts inconsistent with tliis Act'" are "repealed," (see sec. 58, post}; yet how can it be said that the provisions referred to are inconsistent with this Act where they piovide for tlie .subsecjuent disijualitication of persons, properly qualified and registered under this Act, for deeds connnitted by such persons after such regis- tration takes place? If they are, then it will be futile to claim the seat for any defeated candidate, on the ground tliat a sutticient number of such votes have been corrupted to change, if struck off, the result of the election in his favor. It nuiy be that the lists will be lield to be "binding" (under sees. 31 or S9) on the Election Courts, 80 far as tlie right, at the time of registration, of any voter— even one disqua- lified by virtue of !iis office or otherwise — to vote is concerned ; Stowt v. JoUjf'c, L, R. 9 C. V. 734 ; 43 L. .J. Rep. C. P. 2(55 ; Hayward v. Scott, 5 C. P. D. 231 ; Ryder V. HamUton, L. R. 4 C. P. 559 ; 38 L. J. C. P. L'GO ; 17 W. R. 795 ; but the question as to whether votes of persons at that time qualified, Init whose subsequent corrupt acts disijualify them, can be struck off on the trial of a Petition, when the seat is claimed for the unsuccessful candidate, is one which will still remain for the Election Courts to decide. The Ontario N'otera' List Finality Act, 41 Vic. c. 21, sec 3, pre- serves the right of scrutiny in regard to this class of votes, and as to the votes of all disqualified persons, .See alsj notes to sec. 31, poM. THE DOMINION FRANCHISE. 43 during the election or before the election is or has been employed (z) at the same election or in refer- ence thereto by any candidate or by any person whomsoever, as counsel, agent, attorney or clerk at an}' polling place at any such elucti(jn, or in ■ • any other capacity whatever, and wlio has received or expects to receive either before, during or after the said election from any candidate or fi"om any person whomsoever for acting in any sue' capacity aa, aforesaid, any sum of money, fee, office, place or employment, or any promise, pledge or secu- * rity whatever for any sum of money, fee, office, place or emplovment : except oidv that the re- c. .• 1 I c/ ■ I ^' Exception in turning officer may vote in the case of equality of cases of ties. votes between candidates, Mheve tie addition of a fzj " h or hun been tmploytd, ttc." — Under similar Knglisli Acts (7 <& 8 Geo. IV. 0. 37 ; and 'AO & .SI Vic, c. 102, s. 11) a solicitor who whs a paid figent was held dis- qualified ; A^eH' Windsor (Burton's CuKt), K. & Omb. 180. As was also an elector em- ployed as a sjiecial messenger durinsj; the election, even where such was sliowu to be his ordinary calling, Ertshuin Eltcfion, (fionit'x Case, Fal. & Fitz. ,V27 ; and a check clerk employed and paid by one candidate, whose vote was even struck off an- othei candidate who had not employed him ; BtdJ'ord, Wilcox's Cdfn-, P. & K. ItSli, 8. c. C. & R. 94. A town clerk who read the proclamation and sat in tlie polling- booth with the mayor during the election, and received payment therefor, was also held disqualified ; New Windnor, Seck'i'ra Cane, 185 ; but a constable who was a regular constable of the borough, and for whose services a sum of money Mas in- cluded in the town clerk's account to be pai |1, ! fli Certain Indians not ({iialified. vote would entitle any such candidate to be de- clared elected ; (c.) Indians in Manitoba, British Columbia, Keewatin and the North-West Territories, and any Indian on any reserve elsewhere in Canada who is not in |)ossession and occupation of a separate and dis- tinct tract {a) of land in such reserve, and whose improvements on such separate tract are not of the value of at least one hundred and fifty dollars, and who is not otherwise possessed of the qualifi- cations entitling him to be registered on the list of voters under this Act. WHEN REVISING OFFICER MAY NOT BE A CANDIDATE, Revising offlour 12. No revising officer for any electoral district while may not be can- didate, he is a revising officer, or for two years thereafter, shall be qualified to be a candidate in any electoral district for which, or for any part of which, he has been such revis- ing officer. (a) '* Separate and (fkfivcf travt." — By the Indian Act, 1880, s. 17, no Indian shall be deemed to be lawfully possessed of any land in a reserve, unless he or she has been or sliall be, located for the same by the band or council of the band, with the approval of the Superintendent-General : Provided, that no Indian shall be dis- possessed of any land on which he or she has improvements, without receiving com- pensation tht efor (at a valuation to be approved by tlie Supt.-CJeiil. ), from the Indian, who obtains tlie land, or from the funds of the band, as may be determined by the Superintendent-General. Sec. 18, — On the Superintendent-General approv- ing of any location aforesaid, he shall issue in triplicate a ticket granting a location to such Indian, one triplicate of which he shall retain in a book to be kept for the purjOTse ; the other two lie shall forward to the local agent — one to be delivered to the Indian in whoRe favor it was issued, the otlier to be filed by the agent, who shall also cause the same to be copied into a register of the band, to be provided for the purpose. S. 19. -The conferring of any such location title, as aforesaid, shall not have the effect of rendering the land covered thereby subject to seizure under legal process, and such title shall be transferrable only to an Indian of the same band, and then only with the consent and approval of the Supt. -General, which shall be given only by the issue of a ticket in the manner prescribed in the next preceding sec- tion. See resolution of meeting of Revising Officers for Ontario, pod. THE DOMINION FKANCHISK. 45 REGISTRATION OF VOTERS. 13. The Governor Gejieral in (\ninoil ma}', within three months after the coming into force of this Act, and from time to time thereafter, when the office is vacant, appoint a proper person to be called " the revising offi- cer" (6), for each or any of the electoral districts of Can- ada, vj^ho shall hold office during good V)ehaviour, but who shall be removable on address l\y the House of Com- mons (c), and whose duties shall be to prepare, revise and complete, in the manner hereinafter providetl, the lists of persons entitled to vote undei- tlie provisions of this ^ct in such electoral district, and every such officer shall, before entering upon his duties, take an oath of office before any Judge of a Supeiior Court or Court of Record of the Province in which he is to act, in the form A contained in the Schedule to this Act, which he shall forthwith thereafter cause to be tiled with the Clerk of the Crown in Chancery at Ottawa ; and in the event of the death, resignation, removal, inabilit}'^ or refusal to act of any such revising offier, another may, in the same way, be appointed in his stead, who shall hold office under the same tenure, and with the same duties and powers. 14«. A revising officer to be a[)pointed under this Act shall, in every Province except Quebec and British Col- umbia, be either a judge or a junior judge of some county or district court in the Province in which he is to act, or Appointment of rpvisinjf offi- uera. Tenure of office Their duties. Oatli of office. Case of death or resignation, etc Who may be appointed as such. (6) " The Bevfsinij Officer.'' — In England the Revising Barrister is atemporary offi- cial only. He is appointed by the Judges on Circuit. Here he is intended to he a permanent official like a Judge. At a recent meeting of the Revising Officers ap- pointed for Ontario, attention was drawn to tlie fact of the absence of any provision for the working of tho Act. in the event of the temporary absence or illness of the Revising Officer. (c) " Addrcnx Inj the Hoimc of Common:*." — The Judges of the Superior Courts are removable on address of the Senate and House of Commons (B. N. A. Act, a. 1*9.) The Revising Oflicer is to be amenable to the popular branch alone. 46 THE DOMINION FllANCHISE. i ! II a barrister of at least live years' standing at the bar of such Province ; in the Province of Quebec he shall bo either a judge of the Superior Court for Lower Canada, 01- an advocate, oi- notary of that Province of at least iivo years' standing, and in the Province of British Columbia he shall bo either a judge of a superior court or ol' a county or district couit, or a barrister of at least five Proviso; May voars' standing, or a stipendiary magistrate: Provided fur moreoMess alv/ays, that the same revising officer may be appointed than one Uis- . t i . , , . . trict. tor, and be required to discliarge the said duties m re- spect of more than one electoral district, and may be ap- pointed for a portion of any electoral district. Duties of revi-i- 15. The revising officer who pi-epares the first list of iny offi' er iis to . , first list of vot- voters for any eloctoj-al district, or any r)ortion thereof, ere. * _ ' under this Act, shall {i'< Act. or where the electoral district is a municipality, a separ- ate list for each township, parish (k), polling district or other known division of the electoral district, of the per- sons who, according to the provisional of this Act, are entitled to be registered as voteis, and to vote under this Act, at any election for such electoral district ; which list Form and con- shall contain the names of such persons in alphabetical order and shall be in the form B contained in the sched- ule to this Act, inciicating in the proper column thereof whether such persons respectively are qualihed in res- pect of real property, a:; owners, tenants, occu})ants, pur- (iuaiiflcation, o'tc, of voters. chasers in occupation under tiie Crown (i), or otherwise, stating the number of the lots; portions of lots, and con- cessions, streets or other most availal>le description oi' the real property in respect of which they are so quali- fied, and their post office addresses as nearly as can be * ascertained by the said officer, or as farmers' sons or the as to farmers' , i. 1 1 1 /• '"'"* "^'"^ voters sons ot owners or real property otiier than larmers, stat- ^n iiKome. ing the numbers of the lots, portions of lots, concession.s, {(J) "Such ntln'v information as he can obtain." -~ See resolutions of meeting of Revising OHieers for Ontario, post. {h) " Parish. '^ — See Interpretation, anfi'. {() " PnrchasirK in occupation under the Crown.'' — This class will not include mere sc^uatters, who however may he entitled to he placed on the hsiias " occupants," if they are in actual occupation. If however tliey place another person in possession —even if they receive rent from such person— they will not be entitled to be on the list, either as owners, for they have acquired no title, tenants, for they pay no rent, or occupants, for they are not in actual occupation and in receipt of tlie revenues and profits. See Lincoln (2) ; darken rote, 1 H. E. C. 515. See Interpretation, ante. 48 THE DOMINION FRANCHISE. I ■ ! 1' ' I I' : ii I ; L or streets, or othei- available description of the real pro- perty o(" their fathers or mothers, in respect of whicli they arc (pialitied as farmers' or othei" owners' sons, as hereinbefore provided, or whetlier they are qualified in respect of income ; and as to sons of farmers or of other owners as aforesaid, and voters on income, stating also in the said list, in the proper columns thereof, the residences and post ofHce addresses of such persons, as nearly as can be ascertained by him ; and after having so prepared the signing lists, said Hst, the revising officer sliall sign the .same as such : AsHessment Provided, that sucli assessment rolls as aforesaid shall be rolls, etc., to be prima facie taken by the I'evisingf officer as prima facie evidence of evidence. ■' o ir J value {j), and such voters' lists or poll books as afore- said, as the case may be, as prima facie evidence of qua- litioation (/•;) to vote. 16. The revising officer shall then forthwith cau.se to be printed a sufficient number of copies of the said lists, being not less than two hundred, and, after certifying them in the form C contained in the schedule hereto, shall, on or before the first day of March, one thousand eight hundred and eighty-six, publish the said lists, by « causing one copy of each list to be posted up in the office of the clerk or other corresponding officer of each muni- cipal, parochial or other known territorial division in the electoral district, for which the said list is prepai-ed and Walling copies to whicli it relates, and by mailing to the member or to certain offi- cials, members of the House of ( ■ommons and to the unsuccess- ful candidate at the tlien last election for such electoral district, to the sherili', warden, mayor, aldermen or coun- Publl cation of lists. (j) I'rlmu /(irie evidence of iHi/iie." — But not conclusive. See Interpretation, "actual value." ii ml note thereon, aiif'\ ik) ■' Prhmi fiir'ic firi(le)iC( of (iiio/ijirdtloii.'' TU'm^ proviso gives to the v irk of the Revising OHicer uiore tlie character of a work of revision than it would neces- sarily possess were there no basis to start upon. ! I ^*l THE DOMINION FRANCHISE. 49 \v or 3ess- boral loun- latioii, |)rk of lueces- cillors, clerk of the peace and tieasiirer, clerk, or ofticeis corresponding thereto, under whatevei- official name they are known, of any county, city, town or part of a city, included in sucli electoial district, and to the leeve, coun- cillors, mayor, clerk, |)arish court commissioner and trea- surer, or officers corresponding thereto as aforesaid, of each township, parish or village municipality in such « electoral district, two copies each, addressed to the post office addresses of such persons respectively ; and the coiiv copytobepost- ^ ' ^ ' " eil up and open of every such list so posted up shall be open to inspection to^j'spection by any person, free of charge, in the office where it is deposited, during the business hours of such office, until the day fixed, as hereinafter provided, for the prelimin- Andcopiestobe J ' tr ' t furnished on ary revision of the said list; and copies of the list may ''ru;'"®"' °' be procured by any person on application to the revising officer, as soon as he can furnish them, on paying there- for a price proportionately (I) sufficient to cover the price paid for printing the same, but not to exceed fifty cents for a co[)y of the list of voters for any electoral district. In the event of their being no municipal divisions in the if there are no _ _ niuniuipal divi- electoral district, a copy or copies of the said list, certified si"''" '",'1)^, . ' i- -^ i ' electoral district as aforesaid, shall be posted up in one or more of what the revising officer considers tlie most public place oi- places in each township, parish, polling district or other known division of the electoral district; and two copies each shall be mailed to officers or persons in such electo- Mailing copies. ral district corresponding, as nearly as may be, to those particularly mentioned in this section witii respect to municipalities. 17. Two copies of that part of the list relating to such copies to be ° mailed to post- municipality, or parochial or other known division as "J*^*''" '",'^^, aforesaid, certified as aforesaid, shall also be mailed at the '^°*'"' ^^ (I) " Pruportionuteli/," i.e., in proportion to the wliole number printed. 50 THE DOMINION FRANCHISE. t ! 1 :i; I I I i: ! ii 1 I time of the publication thereof as aforesaid, to each of the postmasters in the said known division ; and each of the said postmasters, and every sheriff, warden, clerk of the peace and treasurer, parish court commissioner or other officer to whom two copies each of the said lists are to be mailed under this Act, shall forthwith after receiving thoni p<;st up one of them in a conspicuous place in his office, where the said list sliall remain until the day fixed, as thHeo'rsiufn"/ hereinafter provided, for the preliminary revision thereof, roviiion'"""'*" f^"tl shall be open to inspection by any one during the office hours of the office ; and to each of the copies of the lists so made or published under this and the next pie- oeding section, shall be appended a notice in the foim 1) in the schedule to this Act. Notice of such sitlir^e, how ({ivcn. 18. Notice that the said list and the time of holding the itting mentioned in the notice appended thereto have been published in manner aforesaid, shall also be given by the revising officer forthwith after such publication, by at least one insertion thereof, in the form D in the schedule to this Act, in one or more newspapers, if any, published within the electoral district; and in case no newspaper is published therein (m), then in one or more newsj)apers jHiblished in a neighboring electoral district or dis- tricts. sittintf for pro 19. The revising officer shall hold a sitting (n), as men- (m) " In cam no wiVKpaper ?.s published therein.'' — It is worthy of note that in this case the notice of the preliminary revision i^ to be published in one or more newspa- pers published in a neighbouring electoral district or ..tlistricts ; but not so, with regard to the notice of the final revision, under sec. 25. (n) "A nitfintj." —The Revising officer is to hold only one sitting for the pi'eliminary revision at the place he deems most convenient. Afterwards he prepares separate lists for each polling district and proceeds to hold a separate sitting in each munici- pality, etc., under sec. 20, where the list for each district is finally revised. At the preliminary revision no names are witheld from insertion or struck from the list by reason of their being objected to. Those bjected to are so marked, and are left for THE DOMINION FRANCHISR. 51 inen- liiTiinary Iseparate iminici- Atthe |e list by left for tinned in tlio said notice, for tlie preliminary revision of liminar.v revi- the lists at such place in the doctoral district, or in such portion as may l)e within his commission, as he shall deem most convenient for that purpose, on a day not less than foui- weeks after the puMication of the list as aforesaid ; and any person desiring to add any names to the said list, Amendments , . . , . ,1 1 11 iind ol)jections or dcsH'ing otherwise to amend the same, snail, at least to be notified t<. revising' ofHeer. one week before (o) the day fixed for such prelinunary revision (and in the case of a person desiring to olyect to any name, at any time before the day so fixed) deposit with or Tiiail to the revising officer, by registered letter. • onsideratioii at the final revision. Tiiis arrangement saves the troul)le and expense til contestants and \oters wliose votes are objected to of attending with tiieir wit- nesses at tlie place fixed for the preliminaiy revision, whioli may be at a long distance, riiey may await tlie coming of tiie Revising officer to hold court in their own muni- cipality or parish As to the pieliminary revision of future li.sts (after 18S(i), see sec. .S3, iio>. B. 313 ; Leli/ awl Foiilbs El. Acl" 100 ; but if tlie last day for giving the notice falls on Sunday or a holiday, tiien under sec. 2, subs. 2, iiiilc, the notice may lie given on the following day. As to what is a holiday see note to sec. 2, sub-s. 2. It has been lield under tlie English Act that the overseers may, if tliey choose, waive tin; iricgularity of a notice sent after the date fixed by tlie Act by one claiming to be i>ut on the register, and tlie revising barrister cannot expunge his name — Li'onnnl V. Alln-atj3 L. J. Q. B. 108 ; ol L. T. 39(5 ; 32 \\. K. 2-1(5 ; 1 Colt. 342. Tiie notice is not a matter of so great importance as regards the preliminary revision, as a fresh notice may be given for the final revision under see. 2(5, post. The above remarks, however, efpially apply to tlie latter notice. A 4- 1,1 52 THK DOMINION FHANCHISK. i! I Notice toper- at lus oftici! OT pltice of addfess, a notice in tho form E (n) son, tile iiisor- ^ _ _ ^' -^ tioiK.f wii.)se i,i the .schedule to this Act ; and in the event of any such imine is object- •' '''^*"' objection being that a name aheady on the list should be struck off, the person so objecting shall give notice in writing to the person udiose name is objected to within the same time and in the like form as to the revising officer, by delivering such notice to such person, or V)y mailing tho same by registered letter to his last kn' m post office address. 20. On the day and at the time and place api)ointed, tho revising officer shall ptd)licly proceed to the prelimi- riarv revision of the lists, basing such revision on the evidence and information before h'nn(i)a) in supportof any claims for addition to the list of voters, or of any pro[)osed amendments or corrections, but not including any objec- tion to the insertion of any name, which he shall merely iiow to be con- ^iq^q on the list opi)Osite the name objected to ; and he ducted and re- ^ ' »> > corded. fi,Yia,\\ tlien and there correct the lists, on the said basi.s, to the best of his judgment and ability, upon such evidence and information, and shall note every objection on the rrcliiniimry revi»ioii. (p) " A notice in (hi/onn E." — Where forms are prescribed slight deviations tlierc- fi oiii, not iiffect/ng tiie suhstaiice, or calcuhited to mislead, shall not vitiate them. Interpretati(m Act, ;^1 Vic , cap. 1, sec. 7, Thirly-Jin^th/. - Under tiie Knglish Aot the objector himself must sign the notice, as the Act so directs — Lfhj v. Foalk-M El. Act 78; ToiriH v. Ciniinitni/, 7 M. & C^. 88. Our Act merely directs that the objector " shall give notice in writing,"' while the form E has a space for " imm<' of raitt/ilrtliKUit'' aiuWns V. (). address. The objector,' a solicitor of Horsham (wiiere lie had always lived), who was a clerk to the magistrates and coroner, omitted to state his place of abode. The revising barrister finding as a fact that no person could iiave been misled by the onnssion, it was held that this was a mistake which he nught and ought to have corrected under s. 28, subs. 2, of the English Act of 1878, which expressly gives him power to do so. — Adamn v. Bostock, 8 Q B. D. 259 ; 51 L. J. Q. B, 175 ; 45 L. T. 443 ; 30 W. R. 4(;0 ; 1 Colt. 275. As to other mistakes in the notices and lists, and the correction thereof, under powers given in tlie English Acts, see Lely and Foulkis El. Actn, 153-4-5-G-7-8, and 226-7-8, and cases therein cited. • . . ■ " (pa) See resolution of Ontario Revising Officers, //o."/. THi: DOMINION rUANCHISK. 53 such l«l lie e in itliin ising :)r V)y 0' '» elimi- n tlie of any )posed objec- inerely Liid he asis, to idenca lou the ms there - ,te them. Ijlish Act itiilkex EL that the iKtnti' of [n (where initted to Ison could which he of 1878, 259 ; 51 mistakes |e Knglish !S therein said lists as ntbicsaid ; he sliall also attest with his iintials any addition or change therein ; and he shall also append to such lists the names of claimants whose claims he has not admitted, and shall sign such appended lists. 21. The revisinjx otticer, havinn' completed the said pre- certifying rc- liminary revision of the .said first lists for the electoral district, or such portion thereof as is witliin his commis- sion, shall sign the same as such revisinsf officer and certify each of the said lists, and shall, on or before the first day of May, one thousand eight hundred and eighty-six, by an order under his hand, in the form F in the Schedule to uivision of elec- toral district this Act, divide (ph) every city, town, ward, parish, town- into poiiiiitf dig- ship or other municipal or corresponding division in the electoral district (or in default of such municipal or other corresponding division, every tract of land therein) hav- ing, according to the list relating to it, more than three hundred voters therein, by well defined boundaries, such as streets, highways, side lines, concession lines, or the like, into polling districts, in such manner that the num- ber of voters in the several polling districts in the electoral district shall be as nearly equal as may be, and shall not in any one case exceed two hundred : Provided alway.s, Proviso ; in that where the electoral district does not contain three much scattered, hundred voters, or where the voters are scattered over a large extent of country, the said revising officer may, (ph) The Returning Officer had power under sec. 11 of the Elections Act, 1874, to suh-divide into districts similar to those provided for under this section. This power is not in express terms lepealed, though it may be argued that this section, coupled witli sections 46 and 58 po.sf, has that effect; especially as section 41 provides for an annual re-division by the Revising Officer, where a cluinge of population makes such re-division necessary, or the Revising Officer deems that the convenience of voters Wvjuld 1)6 thereby promoted. Even if tlie power of the Returning Officer in this respect is not taken away, it will scarcely be found necessary for him to exercise it hereafter, and his so doing will always create more or less confusion he arrange- ment of voters in the published lists would then be departed from. See resolution of meeting of Revising Officers for Ontario, post. 54 THE DOMINION FHANCHISK. ! V if nevertheless, sub-divide the electoral district into as many pollinarts ot several town- ships. 28. Immediately after the sub-division of the munici- pality into j)olling disti'icts as in section twenty-one })ro- vided, the revising ofKcer shall i)repare from the first lists of voters as preliminarily revised by him as aforesaid, a separate list of voters for each polling district, containing in alphabetical ordei" the names of all voters qualified to vote in such |)olling district, (noting the names objected iiiaiiinitted to) and in the same foi-m as nearly as may be, as the form claimti to be ap- , , • ■ n n i i 1 1 • i pended. referred to in section fifteen, and shall sign the same as such officer, and shall append thereto the names of claim- ants whose claims have not been admitted. Separate lint fc each polliiiK district. (q) " With a focal lUsitjridtioii atturhcil lo xiich iiuml>er.' e. g., '■Tovvnsliip I'igl)}, No. 1," etc. This is to enable electors to ascertain their imlividual polling district and polling place with as little trouble as possible. The order of the revising otlicer will describe the limits of the polling district, and such description will be published along with the separate list for that district, under sec. 24, j>ont. The provision as to Prince Edward Island was inserted in deference to established divisions there, and to prevent confusion which might result from their alterati ; and so was an omission of the word "parliamentary" before •' voters" in ./«;/(.,•< v. //owarl/i, ;"> C. I*. 1). 22.".; 4!) L. .).('. I'. Kill. It is to l)e ob8erve, any person whoue name shall he on any list of \oteis for any county, coy ')r horough may op|>osc the claim of another to have his name inserted, " hy eviden(;e oi' otherwise. "' It is presumed that tlu- word "evidence"' in this section will he constnu'd to int^an «idy " legal evidence," and that witnesses will he sworn, as that is contemj)lated and piovided for hy the succec'ding section. Considerahh- discussion took phu'c in the House upon the meaning of the wonl evidtince in this clause, //niisiinl, \'ol. IT, 'J.'ilMi to 'J404. See also .sees 4.'{ and .")(), ponl. (x) " /'(iin,-< (;/■ 11 ('oiirl nf /iirnrit.'' Kvery Coint of Keconl ha$i attached to its jurisdiction, the powei' to piniish for contem|)t ; hut if the Court is one of inferior jurisdiction, the Superior ('(uirt may intcrviMU! and |)icventany usiiri)atioii of jurisdic- tion hy it ; though the Superior Court will not act as a Court of Ap})eal in such cases. —E' /xirte Piifi')-, ") B. & S. 2!t!» ; Hv parh fAi<;M(>f lits ^ ' _ curtiliud ti. I e electoral district have been so coinplctod, revised and cor- -"I'ttocicrkof I ' I ho ( rowii. rected, they shall be certiticd in the form (J containtMl in the Schedule to this Act by the revising officer, and kept by him for the purpostjs of this Act, and a duplicate of each, certified as aforesaid, shall be transmitted forthwith by liim to the C'leik of the Tiown in Chancery at (Jttawa, who, on rcct'ipt of all the said lists for any electoraLdi.>- trict, shall, in the then next issue of the Canada (lazette,, noimu i.i/.v- zettf iiiid lis insert a notice in tlie form H contained in the schedule; ['"i^to'oTar,- to this Act, on and after the ])ublication of which notice '""*'" in the Canada (Jar^ettc, the i)er.sons whose names are en- tered on the said lists as votei's, shall be held "tcj be duly registered votei's (//) ii; and for such electoral distiict, subject to correction <>i- amendment by the judgment on appeal as hereinafter mentioned : Provided howevei', thai I'mvinoMnciifc in the event of any such appeal, such lists after the pub- ii« i') I'aiiotH of •^ i ' ^ persons whose lication of the last mentione, tlie right i)f voting is not atioote othera until other lists are, in a future year, under this Act as hereinafter provided, made, revised, amended and cor- rected on appeal, and certified, and brought into force in their stead, those persons only whose names are entered upon such lists as so revised, amended and corrected shall be entitled to vote at an}'^ election of a member of the House of Commons, in the polling sub-divisions and elec- toral districts foi- which such lists were respectively 5 62 THI': DOiMlNION FKANCniSK. ; . I' t'^ f i offlccis. made; and tlie .saic!s. !."» to 'J.'{ iiicliisivf. '(///(, owiiij,' to tlio fxistt'iicc of tlic Hepanite lists for tlic ilitrfiint polling ilistiitts for the yeai- j>rt^\ioii8, which iie \ariou.'* otfioeis will liavo touethtT with the last revised iisseKsiu )get g" The provision that ft'vtifii'il cojiics of the rolls iirc to be olitiiine: as t" whether they are (jualitied in respect of real property, fis 'Jt":^''"f'^'^tp^^^^ owners, tenants, occupants, purchasers in occupation un- der the Crown or otherwise, and stating the numbers of the lots, portions of lots and concessions, streets, or other available description of real property in respect of \vhi('li they are qualified, and their post office addresses as near- ly as can be ascertained by the said officer, — or as fai - mers' sons or other owners' sons as aforesaid, stating thf number of the lots, portions of lots, concessions or streets or other available descriptions of the real p operty of their fathers or mothers in lespect of which they arc viriia facie evidence ol''' *''"*• value (6). (/;) •' Pri/iiii I'li'-ii I rhliiin o/ >,i/iii'." Si'i " I iitiT])! « Kilinn." " iU'tual valiu-."' aii«• the result thereof communicated to the vvisinjr officer ; but the ballot of any person whose name has been in- cluded in the certified list of voters and is the subject of an undecided appeal, shall be numbered by the deputy- returning officer, a'.id a coiresjionding number shall be placed opposite his name on the poll book ; and upon the counting of the ballots, the ballots so numbered shall be by the deputy returning officer separated fiom the ordi- nary ballots and returned to the proper officei- sealed uj), at the same time as other ballots, to await the decision of such ai)peal ; — and if under such decision the name of any such person shall be stiuck from the list of voters, the vote given by such person shall be ascertained from his 65 Certifying: coni- plutClt IJHtH uikI traiisniiHNiim of cliiplirutfR to Clerk of (Jmwii Notice in Ga- iftti' anil its effect 8. Proviso: in case of a|ipcal, ati to ballots of per- sons whose names are sub- jects of undc- rided appeiils 66 THK DOMINION i'UANCHlSK. II ('opies of li>ts liiiwolitiiiiiiiblc. ballot and shall be struck from tho poll u|(oti a recount; and if ajiy poi'son wliose name lias been excluded from such I'ertilied list of voters, and whose exclusion is tho sulijcct (»f an undecided appeal, shall desire to vote, the deputy returning,' otiieer shall receive his ballot, and shall number the same antl the name of the voter in the poll book, and keep separate such ballots as hereinbefore pro- vided ; and if ui)on such appeal the decision of the re- vising otiiciM shall be maintained, the vote of such person Kvttnsi.xint in-iv 1,0 ascertaineil and struck from the iioll upon a rc- liiiH'On-iftiunt • _ ' ' count ; and if an appeal respecting the vote of any per- son placed on the jioll book under the provisions hereof Ite not decided within the delay fixed by the existing election law for a recount, such delay shall be extended imtil >ix days after the decision of the appeal. •SiS. The revising olficer anr amended and corrected on appeal, and certified and or siperxued I i ''■ """'''^- brought into force as hereinbefore prescribed and until other lists are, in a future year, as herein pi-ovided, made, revised, amended, and corrected on appeal and certified, and brought into force in their stead, those persona only . whose names ai'e entered up >n such lists as so revised, amended and corrected, shall be entitled to vote at any election of a mtiuiber of the House of Commons, in the polling districts and electoral distiicts for which such lists were respectively ma order of the re- visiny; officer constitutinj; the same, and then in force, which list and (*e|)y of desciiption shall Vie duly certiKed by the revisinji^' officer ; and a copy of the said list ot voters for each pollinjf district shall he furnished hy the returning officei- to the dei)uty returninj^ officer for such nolling district; and such list shall be kept )iy the |)olI clerk, who shall use the sanie for the puiposes of "The Doiihinion Elcciionn Act, J>S74." 41. Whenever the innnber of voters in any polling Aiti ration of jiolliiii; ilistrictH district, as constituted under section twenty-one, shall iiicns,oichainro "^ of pojxihitinn increase so as to exceed two hundred, or wlieneyer the revising officer then in office considers tliat the conveni- ence of the voters would be )tronioted by a new and different sub-division, he ^hall, Itefore proceeding to inak<' the new lists of voters then next required under tliis Act, again sub-divide any city, town, ward, parish, township or townships, o)' other inunicii)al or corresponrt-»'"K^ c""" sel (ca); and any elector may a[)peai', in })erson or by agent, at any sitting of the revising officer in the electoral district in which he is such elector in support of or in opposition to any claim, objection or application arising before such revising officer ; and the revising officer may award costs costs. to or against an}' P^^rty in the? case, which costs shall only be for witnesses' fees and the expenses of summoning such witnesses ; and the said costs may he levied by order of the revising officer (d), by distress (c), as under warrant 32-:H:vvie., c. :u. on a convicti(»n under the "Act respecting the duties of JvMicet* of the Peace, out of Sessions, in relation h> Suni- mari/ Convictions and Orders." (f) '' Emlcnci'." — See sec. 27, hikI note, nntc. (he) Somewhat siiuihir powers of iiiiiendiueiit are given to the revising barrister h\ the KngUsli Parliamentary and Municipal llegistration Act, 1878, s. *J8. (ca) By tiie English Parliamentary Registi'ation Act, 18W, s. 41, "no party or other person shall appear or be attended l>y Counsel"' at the Revision Court. (d) " lUf order of the Ri!vishii/ 0,///cv;/-."— The eosts may he levied directly by the oi'der of the revising ofticer. Under tiie English Act ((> Vic, cap. J 8, sees. 46 and 71) the revising barrister makes an order for costs, wliich is handed to tlie person in whose favour it is given, and fm proof of service of such ordei-, demand of pay- ment, and refusal or neglect to pay, a Justice of the Peace is retpnred to issue a warrant for distress ; and by section 13 of tlie Act of 18(55, eveiy order for costs by a revising barrister in the case of any objection must be niatle before iiis proceeding to hear any objection stated in any other notice of f)bjection. (e) " fi// iliHtrcis." — It would seem not to be intended to confer the power of im prisoning in default of distress fouml, which power is conferred upon Justices under the Act referred to in the text. Kee note to sec. 52, point. i?:-- ii i ■ ■•■•V" 70 THE DOMINION FRANCHISE. !l it' Provision in de- 45. If tVom aiiv CRUse the list of voters for any |)ollinj:r fault of lists i.)r . . - . " , - I o anyyenr. disti'ict is iiot made, revised and corrected at the time when it oug-ht, under section forty, to be sent to the re- turning orticer at any election to be held after the first list of voters for the electoral district in wiiich it lies has been made, revised and corrected, then the last list of voters, revised and corrected for such polling district, shall be sent to the retui-ning officer, and used at such election. iiutuniiii:,' otii- 16. Notwithstanding any thing Contained in any statute stations hef^ro of Canada heretofore enacted, the returning officer for each electoral district for which lists of voters made under this Act are to be used, shall, forthwith on the receipt of the wr't of election, obtain from the revising officer for the electoral district or part of a districc for which he is re- turning officer, at least one copy of the list of voters as finally revised and certified by the revising officer and then in force, for each of the polling flistricts in such electoral distiict, and a copy of the order dividing the electoral district into polling districts, and shall forthwith fix a polling station in and for each of such polling dis- tricts in a central and convenient place therein. A., to lists oerti. 47. If at any time when the revising officer is required tjt;d Nvliili-'anai)- /. . , . ,. i- i» i ii p- tire tlureof. Proviiiion if de- ci.sion is notified before day of pollintr ()iie plaic may be ap^Kiiiited foreourtof revi- sion ill cities, etc (ea) As to tlie piooeediugs at the election in regard to votes which are subjects of appeal, see sees. 29 aiul 87, (inte. In Knghmd the notict^ of tin; jutlgnient in appeal is given direct l>y tiie Court to the SheiilV or ri'tiirning otHwr who I'oi'ret't.H the lists accordingly (<) ^'ic., cap. 18, sec. ()"). f. r 72 THE DOMINION FKANCHISE. ^tl'l I . Appeal f n iii (1( ci^ion of revis iriif officer. appointing, if he thinks proper, a separate day and hold- ing a separate court for each polling district (eb). APPEAL. 41). In any case where the revising otiicer is not also a judge (f) of any court, any person or ])ers()ns Avho, under the foregoing sections, shall have made any com- plaint, objection or a})plication, in lespect of the list of voters in any polling district, whether siicli list be the first or any subseipient list of voters, pi'epared under this Act for sucli polling district, or any person or persons with reference to whom such comj)laint, objection oi- application shall have been made, who shall be disatis- Hed with the decision of the revising officer in respect thereof, ma}' give to the .said revising officer or Ins clerk, on the day of such decision oi' within seven days there - Notice tiienK)t. after (q), notice in writing of his intention to appeal from such decision, stating shortly in such notice the decision complained of, and at least one reason for appealing against it, and shall, within the same time, cause a copy of such notice to be served upon the party in whose favor such decision was given, either personally or by leaving it at his residence or place of business, or by Traii.Ki.iissiou of mailing the same in a registered letter addressed to his iiotuo ami t'oi>y of (leomon to '■ last known post ofHce address ; and the revising- officer shall forthwith transmit such notice, together with a copy of his own decision, to the judge to be appealed to (eb) See Ont. Voter.s" Lists Act ( Rev. lStilt^». Out., c. 9) ss. 18 and 19, and notes, pout,. (/) " Not ; Scott v. />irU)ii, 1 Pr. R. (U. C.) .S«H ; Mouliioiiiiry v. fimmi, 2 I.. .). X. S. 72 ; Vroowi>l \2(), 144, 14r),2.'W, 2.")9 ; Efli/ttr v. Mni/x, 1 Ont. R. 287 ; /laiisv. Johiimn, % Ont. K. 100. If tht^ last of such seven days falls on Sunday, or a " holiday " notico may lie ;;iven on the following day. See sec 2.. sulis. 2, ante. THK DOMINION FUANC'HISfc;. / o as hereinafter provided, and shall sign {h) the same as revising officer, and shall deliver to such appellant or Appellant to 1 ill 1 1 • '"'^'t-' a I'opv (i( his connsei or agent, and to the respondent or hi.s (i.nsion. counsel or agent, if requireil, a cei'tified copy of sncli decision. 50. The Judge appealed to shall thei'cupon appoint a .hui^rotoap convenient time and place for the hearino- of the apiieal, piai^e for uear- which place shall be within the municipality, parish oi- tither local territorial division within which the polling • district in which the appt;al arise's is situate, of which NotRctnp,i,- tics time and place due notice shall be given to the revising •I {/i) " Slid// j'liriliii-ilh Iniiisutil hiim v. Kelleher, (5 L. R. Jr. 28.'), C. A., held similar j)rovisions in the Irish Registration Act, both as to signing aiul indorsement to be diiectory only, and not imperative. In Sherniifit v. Whymcdi, L. R. (>, C. P.. Rrett, J., said, at p. 247, both on principle and on the 74 THE DOMINION KKANCHISE. ( ' officer and to the parties ititorosted, in sucli manner as us tfie judge shall order. And if, at the time and place It appellant SO appointed, the a))pellant does not apf)ear in person or does not appear, • ■ i i i • etc. by agent, or, appearing, withch-avvs his appeal, the appeal shall he dismissed; but if" the a|)pellant appears, and neither the revising oflicer nor any other party does so. If appeal is un^ or, SO appealing, does not op|)ose the appeal, the judge, opponuil. on sufficient proof or admission of service of the notice in manner al)ove mentioned, shall maintain the same, except in the ease of an appeal by a person struck off the list of voters or whose name the revising officer has lefused to place thei'eon, in which case the judge .shall require satisfactory evidence of the right of the appellant to be placed on the list of voters before he shall inain- sunmiary hear- taiu the appeal. But if the appeal be oppo^*^-' by the iiig and decision . . ,y. i •<. i if tiie ease is rcvisiug ofhcei' or other party, if any, then appearing, or .•ouK'sted. . " . . 1 I &' if the respondent makes default in so appearing, the judge, on being satisfied of the service of such notice in authority of Wnvklyn v. Woollet, tliat .s. 42 was diiectoiy if taken l>y itself, hut was made imperative hy sef. H2. It is urged also that the words are imperative on the ground that the enactment, l)eing for tlie puhlie henerit, cannot he waived. Lely and Foulkes, Kl. Acts. p. 95. in Priiii/y. Ksfi'oiir/, 4 ('. H. 71, tlie Court allowed an appeal to be entered without the iii. Sti, the same Court a[)pears to have directly, thougii not expressly overruled it and held, in a considered judgment, that wiiere an iiulorse- meut W'as not signed until the fifth day of term, the appellant could not be heard. By the English Act of 1878, s. ',M, any person feeling aggrieved liy a revising barrister neglecting oi' I'efusing t<> state any ca.se, may apjily to tiie High ('(Uirt for a rule to conniel him to do so and to have the appeal heard. It is wortiiy of remark that it is said that in no case since the passing of tiie Act, and up t() 1885, has it lieen neces- sary to bring the provisions of this section into operatiHn. (See also A'c Sh»/i-y any technical rules of procedure; and such decision shall be subject to no further ai)peal ; and if any judgment be X" fMrti,.. i.| rendered in appeal which shall require an alteration in the certifieirn<\^ 2 ('. \i. 97: 1 Lutw. 388: even . th(mgh the Court decide against the appeal, t'oob v. Unmix r, 11 C. B. N. S. 49. In a case held to he a reasonable one for argument costs are not given, Sh^-rlorlc v. Sfnronl. 7 C". K. N. S. !!!')i 7(5 THE DOMINION PRAN<"I1ISE. against any party in the case, which costs shall only be tor witnesses' tees and the expenses of summoning sucli witnesses ; and the said costs may be levied by order of the jndge, by distress {k), as under a warrant on a con ,s2;)3Vic.,c 81. viction under the "Act respectin;/ the duties of Justicet* of the Peace oat of Sessions, in relation to Summary Convictions and Orders.' Courts for ;i|)- peal. Ill Ontario. In <,iuolicc. ■').'{. The ap])eal shall be — (a.) Jii the Province of Ontario, to the judge of the (.'ounty (Jourt in whose county the polling district wliere the appeal arises is situate ; (h.) In the Province of (^uebee, to the judge of the Superior Court resident in or having judicial charge of the judicial district containing the poll- ing district in which the appeal arises; •28; 20 L. J. C. 1'. 87; K. & (4. 280 ; i:ollh-r v. A7«./, 11 C. ^^. N. S. 478 ; Tojjper v. Nirhol/s 18('. B. X. S. 141 ; H. it I'. 202. Wlioif the ded.sion is against the fian- I'iiise, c'()st.s will 1)0 yiven or witliheld acconling a.s the ('/ Jiitn/ .S'^ Etlmii/i'/'.'^, ] C. \i. S. S. 2;i ; K. & G. !H) ; />i/ioi,in//<- v. Arnold, 1 ('. li. N. 8. 22 ; K. & (i. 72. The general rule, even when the Court decides against tlie appellant's claim for tlie fraucliise, is to give the respondent iiis co.sts, unless the Couit is of opinion there was reasonahle ground for the appeal upon the construction of the Statutes, Harrix v. . X. 8. .-)2; K. &(i. oJ); Ihr/h v. lHaln, 18 C. B. \. S. 110. The Court will not give costs against the appellant, if there has heeu a miscarriage in the ease, ' Vt/- inic/iiU'/'K Cttse, lA -Ir. C. L. K. 371. Where the respondent alone appears, the deci- sion of the Revising Barrister will he affirmed, and the appeal ilisniissed with costs, unless it appears that a similar point is involved in another case foi' argument, /t(u/v. -V. Perkint', 7 M. & (i. 1.10 ; 1 B. & A. 414 ; 1 Lutw. 25") ; and wliere it was siiggested tiuit there was a similai" point foi' argument, the Court reserved judgment pemling the argument, Crochr v. St. Maryx, Ldnihi-fh, 7 M. & )hiu»bia, to the i" iintisiHoi County (Jourt Jndcte ; but in any electoral dis- trict which is not included M'ithin the jurisdiction of any county judge, to the Supienie Court, which court shall assign the duty of trying any appeal to sonit; judge of the said court. OFFICERS AND THFIll DUTIKS. 54-. The revising officer shall appoint as his clei'k a cieiki.fiwisiMi; pei'§on residing in the electoral district competent to per- form the duties lequired of him under this Act, and such as shall be by the' revising officer assigned to him as clerk of the said courts of revision, or otherwise, during the preparation of and revision of the lists of voters ; and such clerk shall Ik* subject to removal by the revising officer. 55. The revi.sing officer may also appoint for the pur- Bailiff ..r mn- pose of serving papeis, posting up notices and attending and keeping order at courts of revision, and doing such other duties as maybe assigned to him by the revising officer, a competent person as a bailiff and constable, who shall be subject to the orders of the revising officer, anlit into t'oi'ce under this Act shall be of voters. I J o ■» oonipleted, finally revised and certified and dnplicates thereof forwarded to the ( 'leik of the Crown in Chancer}' at Ottawa, t)n or before the fii'st day of August, one thou- sand eiy:ht hundred and eifjhty-six, and the lists in future years to be revised under this Act shall be so finally revised, certified and duplicates thereof forwarded to the said Clerk of the Crown in 'hancory as aftn'esaid, on or before the first day of August, in each year after the year one thousand eiglu hundred and eighty->ix. Applifatiori nf •'xistin^' Acts. Exception. AlTLICATrON OK KXlSTFXfi ACTS — OFI'KNX'ES. oiS. The Acts of the Pailianient of (Jaiiada in force respecting elections of niend)ers to serve in the House of ( 'oinnions, or controverted election of such members, or corrupt practices at elections, shall apply to elections and }>roceedings thereat to which this Act is to apply, in so far as tliey are not inconsistent with this Act, and except always as to the qualification of voters at such elections and the lists of voters, whicli shall be those prescribed by this Act, and to which all the jiiovisions of the said Acts which depend on such qualification shall be consti'ueil as referring ; and all provisions of the said Acts inconsistent with this Act are hereby repealed (ka). Lists to be useii \ i sionx. (k'a) See notoM to soc .'i. .suKs. ( I ). uiid to hvc. 1 1, kii/i IMF, ItoMINFON FRANCHISI-: 7» to would liave licon used if tlii.s Act liad uot been passed i'iovIm.: »h ' Hntt list>. .shall be used at such election (kh). • er punishment is provided, shall be a misdemeanor, and ijunishable as such. i! (I) " The Gover.ior.^' — i. e. Governor-General of Canada, See Interpretation Act, 31 Vic, cap. 1, sec. 7, "Secondly." Such agent if guilty of inducing or compelling an Indian to vote, would be also liable to any further penalties imposed for the offence of "undue influence" under the Election Acts. See chapters on "Corrupt Practices " and " Penalties," post. THK DOMINION- FRANCHISE. 81 SCHEDULE OF FORMS. (Sec S. 13.) Oath of 0_^.e('. of a Hevismg Ojjice V. T. ofthf ^^' .intl.eCuuntyof and Province of , the revising officerappointed under " TheElectoml Franchise Act;' in and for tlie electoral district {or part of the electoral district) of ^,^ ^1^ , f '"^^"^^^ "^' ^' the elec- in the County I '"^'^^ district (or part of of and Province I '^'^ ''^('(^toral dif^trict) of , aforesaid this day of | : . A. D., 18N . ■ I . ^ .' ' CD. A Judge, <&c. .1: ! 82 THE DOMINION FHANrHISK. '' 1 I m o ^ . o o -^ *-' u u -1^ -t-i cc r. .f-< . ^ QQ 1 „, , se d ;-> ^ o o -1-3 -u O •_/ i; a; u;e55 ^ — -- i> — ' 4J k-' s o •- * ^> 'O X '~N r-l . •% '^ bd ^ =5^ y2__ 1-5 ^ -4^ -u yj T. •'-1 ^Q £f^ CJ ~ 11 s ^ ~- o o « ^ b3 0; ^ ft H ■J ^■a S -s ^ .^ - *- O C '-' « -^ C! — :£ *2 »- s « — C3 « . - i) -g -j ^ ■■^- <= - :; = E.~ rt 1- s cs ui •2 . ' t. o 3 •" = ,5 i -a 3" S 5 § o S § "l ;:s £ .A V m fc-4 55 cf-« SiSd "as O W CO •- C 00 8 3 « -a w i •5S CO 0:5 c o I o H so S s s I o -i a .so "3 . 2 ^ 3 S 1° 5»> s" THE DOiMlNION FRANCHISE. 83 (See Sa. 16, 29 and S7.) Revising Officers Certificate of List of Voters. ' , ' the undersigned revising officer for the electoral district (or part of the electoral dis- trict) of in the Province of , do hereby certify that the foregoing list consisting •®*' pages, is a true copy of the list of voters for the local municipality or for the electoral district or part of the electoral district of as originally prepared (or p.-e- liminarily revised, as the case may he), or polling district numher in the said Electoral district before (or after) the final revi- sion thereof, as the case may be, for the yeai- . , under " T/te Electoral Franchise Act:' Dated ij^s A. B. . Revising Officer for the electoral district (or part of the electoral distinct) of t y ;;■ B D. . (See Ss. 17 and 18.) ' ' ' Notice by Revising Officer of preliminary revision of First List of Voters. - The Revising Officer for the Electoi-al District (or part of the electoral district) of _ • in the Province ^^ _ > appointed under " The Electoral Fran- chise Act:' hereby gives notice that he has completed anrl pul)Iished in the manner directed by the said Act, the first general list of voters for the said electoral district (or part of the said electoral district), and that he will hold a sitting pursuat.t to the said Act for the preliminary revision of such list at i„ ^^e , P ^*" (bounty of , , in the said A () ■■if- r F J ! 'I ! 84 Province, at THE DOMINION FRANCHISE. o'clock in the on the day of 188 Any person objecting to any name on the said list may at any time before the said day, and any person desiring to add any name thereto, or desiring otherwise to amend the same, may, on or before-Xho day of 188 , deliver to the said revising otKcer or mail to him by registered let- ter at his oftice or place of address, a notice in writing in the form for that purpose cootained in the schedule to the said Act, as nearly as may be, setting forth the name or names objected to, and the grounds of objection, ox the name or names proposed to be added to the list, with the grounds therefor, and particulars of the qualilica- tion and residence of the persons whose names are proposed to be added, or the particulars of any other proposed amendment, and the grounds therefor : and every such notice must be signed by the person so giving notice, and must set forth his residence, occupation and post-office address. In the event of the person so giving notice objecting to the name of any person alrejidy on the list, the person so objecting must also deliver to or mail to the last known address of the person whose name is objected to, by registered letter, and at the same time as the notice is given to the revising officer, a copy of the notice given. Dated 188 A. B. Revising Ojficer for the electoral district (or part of the electoral district) of ..£..■ {;See S. 19.) . ' •. Notice of Complaint or Application. I , of the of , in the (.'ounty of , in the electoral district of , Piovince ot , under " The Electoral Franchise Act," hereby give notice that I will apply to have the first general list for the electoral district (ol* part of the electoral THE DOMINION FRANCHISE. 85 district) of (or the list for the municipality or poll- ing district No. of the said electoral district) (or the lists for the year as preliminarily revised), as the case may he, amended or added to; as the case riiai/ be ; {then state the name or names objected to with the grounds therefor, or tire name or names desired to be added, with full particulars of their residences, ad- dresses, occupations, qualifications, and if real property, where, situated, and the grounds for applying to have them added, or the nature of any other proposed amendments to the list and thegrounds therefor), at the sitting to be held by the revising officer for the said electoral district {or part of the said electoi-al district), at o'clock in the noon, on the day of " " ' , 188 , at in the .said electoral district. Dated , 188 . To the Revising officer for the said electoral district {or part )- ■ of tiie said electoral district), {or to the person whose name is objected to.) {Name of complainant.) P. 0. Address. * ■ ■ F. . . ■ -. . ^' ■ '^ - • {See S. 21.) ■ Order of Revising Ojficer dividing Electoral District into Polling Districts. ^ . I, , the revising officer for the electoral district {or part of the electoral district) of , Province of under " The Electoral Franchise Act," do hereby order and direct that the said electoral district {or part of the said electoral district), be and the same is hereby sub-divided into polling districts, described as follows : Number one Bounded on {here fill in as particular a description, by conces- sion, street or other dividing lines, as possible, of the bounds of each polling district.) m f I ! I "i n ii 8f5 THE DOMINION FRANCHISE. (And 80 on as to others). Dated . 188 A. B, Revising Offi^cei' for the electoral district (ov part of the electoral district of G. ■ • {See S. 24.) Notice by Revising Ojfficer of Final Revision of Lists of Voters for each Polling District. The revising officer for the electoral district (or part of the elec- toral district) of in the Province of , under " Th» Electoral Franchise Act.'' hereby gives notice that he will hold a sitting on the day of , 188 , at o'clock in the ; at in the of , in the said electoral district, for the final revision of the listof voters for polling district No. , of the said electoral district. All objections and claims for additions to oi* amendment of the said list, with the grounds therefor, and the name, aort of applications to strike the names off the list. But tliat all such investigation be deferred to the final revision, such a practice being calculated to save time and expense to the parties interested." The next section considered was No. 24, and an interesting ilebate followed as to its proper interpretation. The following resolution was finally adopted : — "That in the case of award in a city or town containing less than 300 voters, although more than 200, such ward should not be subdivided into lulling districts.' It was the unanimous opinion of those present that at the final revision of the list, a court, need only be held in each municipality to consider objections, and that it was not necessary to hold such court in each polling district. (See sees. 26, 34 and 48, ante.) THE ONTARIO PROVINCIAL FRANCHISE. AN ACT TO AMEND THE LAWS RELATING TO THE FRANCHISE AND THE REPRESENTATION OF THE PEOPLE. Her Majesty, by and with the advice and consent of the . Legislative Assembly of the Pi'ovince of Ontario, enacts - - - as follows : — 1. This Act may be cited and known as TJie Franchise short title . and Representation Act; 1885 («). 2. Section 2 of The Election Act, and its sub-sections, r s u. u lu «. 2, repealed. are hereby repealed, and the following is substituted in- stead thereof: -t 2. Unless otherwise declared or indicated by the con- interpretation, text, where any of the following words or expressions occur in this Act, they shall have the meanings lierein- after expressed, that is to say : — (a) Only that portion of the Act which relates to .the Franchise is here given, together with those sectiona of the Election Act still unrepealed, and which relate to the same subject, the balance of these Acts being devoted chiefly to the description of the different electoral divisions, the procedure at elections, corrupt practices, etc. (89) 90 THE ONTARIO PllOVINClAI. I'KANCMI ISK. Owner. I' Occu|iaiit. Tenant. (1) The word "owner" sliall signify and mean pro- prietor either in his own right (b) or in the right of his wife (c), of an estate for life, or any greater estate (d) either legal or equitable (e). (2) The word "occupant" (ee) shall signify and mean a person bond fide occupying (/) property otherwise than as owner or tenant, either in his own right or in the right of his wife, but being in possession of such property and enjoying the revenues and profits arising therefiom to his own use. (3) The word " tenant" .shall include any person who instead of paying rent in money is bound to render to the owner any portion of the produce of such property (h) " Proprietor iu hix own rhjhi."' — Tlie form of oath to l)e administered to an owner is " you were actually, truly and in good faith possessed to your own use and benefit, as either owner, etc., in your own rigiit or in right of your wife." A trustee cannot vote per Mowat, V. C, in South CIrenrUlc, Jones' vote, 1 H. E. C. 175; and wlicre an owner has sold to a tenant in possessi'Mi though the land is not fully paid for nor deed executed, he is a trustee for the pu jliaser, II). 170. A moitgagee not in possession, is iu the same position. See also notes to Dominion Franchise Act, s, 2, under " in his own right, etc," and " legal or equitable," ante. (c) " In the ri(/ht of his iri/c." -Hce note to Dominion Francliise Act, s. 2, under same heading, ante. (d) " An estate for life, or any greater estate." — The term tstate for life includes an estate for the life of another, usually called an estate i^iir autre rie, or for jnore lives tlian one. Black. Cmn. Book 2, c. S. The words quoted end)iace all freehold estates. See note to Dom. Franchise Act, s, 2, "freehold estate," ante. (e) ^^ Legal or efitdtal}le."~He(i note to Doni. Franchise Act, s. 2, uuder .same words, ante. (ee) See note to Dom. Franchise Act, s. 2, " occupant," ante. (f) " Bond fide occnpylnti" — These words are, it is conceived, tantamount to the words " in actual occupation " used in the Dominion Act, and mean actual pos- session as distinguished from possession in law, especially when read in connection with the subsequent words " in possession of such property and enjoying the revenues and profits, etc." See note to Dom. Act. The latter words would seem to exclude the husband of a woman who occupies property separately from him from the right to vote iu respect of such property. (ff) See note to Dom. Franchise Act, s. % "tenant." ■ V. THK ONTAUIU PROVINCIAL FllANUHISb; 91 (4) The expression " laiidholtier " (/«) shall mean and i.undiioider inchhU; : • {a J Any person who bwng the owner ot* and residin*^ and domiciled upon real property of at least twenty acres in extent, or of at least an actual value (t. (hh) This is another new term, not found in the former Acts. ;;jf- ' -92 THE ()NTAIU«) PHOVINCIAL FRANCHISE person entered in the last revised assessumiit roll of a city, town, incorporated vi]la<,'e or township, as one hav- in<^ or deriviny; an annual income or wages of not less than two hundred and fifty dollars, but wlio is not en- tered or assessed in said roll for a taxable income of at least two huno,s/, s. ,S (7 of luntiuled Kl. Act) '• Thinl/j/." By The AxsMxindUAniiinlnKiilAct ISS'i. " the expression ' wage earner' shall mean any male person of the full age of twenty-one years, and a subject of Her Majesty by birth or naturalization, who is actually resident and domiciled in any municipality, and who is not otiieiwise entered or assessed in the assessment roll of said munici- pality in respect either of property or taxable income so us to entitle him to vote at an election for a member of the Legislative Assend)ly of this Province." (x) See Imperial I'arliamentary and Mun'l Reg'n. Act, 1878, s. o, by which the term " dwelling house "' is made to " include any part of a house where that part is sepa- rately occupied as a dwelling," and whci'eby also joint occupancy of some other part *loes not ati'ect the ((ualitication as to the part so separately occupied. In TliompHon V. Ward and Ellis v. liiirch, L. J{. (I," C.J'. ;i27, and Boon v. HowanI, L. K. 9, C. V. 277, the Court had l>een I'ijually divided on tiie (|uestion whether certain rooms in a house, not structurally severed from the lest, but separately occupied and rated, were dwelling houses within the meaning of s. 3 of the Act of 1867 ; and the above amendment was made in 1878 to meet the dilKculty and obviate the necessity for a structural severance, wiiich it is conceive L. .1. ('. I'. W. 'i'lie Engli.sh Act of I8<)7 contained a similar proviso to the above, but the Act of 187H which defines the term " dwelling house," as in note to subs. (7) above, furtlicr declares that "' where an occupici- is entitled to the sole and exclusive use of any part of a house, that pai't shall not be dcemey tiie landlord, ut parts entirely with the whole legal ownership, for the term demised, and retains no control over the houi-e, tlicie the inmates are occupying Uiiaiits. There are, he says, an iuuueuse number of intermediate cases, in some of which the innuites are lodyi r.<, notwitiistanding that they may have latcii-keys to outer and inner doors, that the landloi'd may not reside there personally, but has servants occupying on his l)eiialf part of the house, and whetiier he does repaiis or not ; while, on the other iiand, though the landlord do not demise the whole house, lint eveiything in it that can be demised, except the staircases, and passages, etc., as to w hich he gives the inmates tiie right of ingress and egress, but exercising no con- trol and not residing in the house — in such case the innuites would be (occupying tenavt". Baggallay, L. .1., adopts these rules. Brett, L. .)., refer!-: to the distinc- tions drawn in three cases in 7 Maiming anV •r 96 Voters' list. Last revised ngsessmetit roll. Corrupt prac- tice. THE ONTARIO PROVINCIAL FRANCHISE. (13) The expression " voters' list" shall mean the copy .of the voters' list furnished in accordance with section 56 of this Act (jj). (14) The expi-e.ssion " last revised assessment roll " shall muaii the last revised assessment roll of a city, town, incorporated village or township {jx). (15) The expression "corrupt practices^' or "corrupt practice " shall mean bribery, treating and undue influ- t^nce, or any of such offences as defined by this or any Act of the Legislature, or recognized by the Common (jjj Section 5(5 provides for a copy of the first and tliird parts of tlie Voters" List for each subdivision being provided to tlie Deputy Returning OHicery. A practical diffi- culty has in some cases presented itself, wliere tlie Keturning Officer, on the eve of the election, subdivided the municipal subdivisions, and the municipal clerk was unable to sejiarate the names as tliey appeared in the existing list for the numicipal subdivision, owing to the ])roperty not being described with reference to the new subdivision or to voters possessing a (jiuditicatlon from property in both parts of such 8ul>divisiJ where there has been a complaint or appeal to the C'ourt of Revision, but none to the County Judge, then, when five days after the date limited for closing the Court of Revision (i July) have elapsed, i.f , 7th July, s. 59, subs 2 ; (c) where, there has been an ajjpeal to the County Judge, then on such day prior to Ist Aug. as the decision of the Judge is given, s 00. THE ONTAR[0 PROVINCIAL FRANCHISE. '97 Law of the Parliament of England ; also any violation of sections 151, 154, or 15G of this Act, and any violation of section 157 ol" this Act dtuirtg the hours appointed for polling {jy). QUALIFICATION aF MEMBEllS. " ' [3. No qualification in real estate shall '6 required of no property 1 T • 1 All quaiiflwitionfor ^ny candidate for any seat in the Legislative Assembly members. QUALIFICATION OF VOTERS. Who shall not Vote. 4. The Chief Justice and the Justices of the Court of i;er8on8 di^iua- *• lifted from vol Appeal, the Chancellor and Vice Chancellors of Ontario, '"•f- the Chief Justices and the Judges of the Court of " Queen's Bench iand Common Pleas inOntario, all County Judges, all Oificers of the. Customs of the Dominion of Canada, all Clerks of the Peace, County Attorneys, Registrars, Sheriffs, Deputy-Sheriff's, Deput}' Clerks of the Crown, and agents for the sale of Crown Lands, all Postmasters in Cities and towns, all Stipendiary Magis- trates, and all Officers employed in the collection of any • duties payable to Her Majesty in the nature of duties of excise, shall be disqualitied -and incompetent to vote at any election, and if any public officer or person mentioned I'ena'v in this section votes at any siicli election, he shall there- by forfeit the sum of two thousand dollars, and his vote at such election shall be null and void. 46 V. c. 2, s. 10 {ja). (jy) "^c chapter on "Corrupt Practices" post. (jz) Tliis section and the.three following sections as to disciiialirications taken from the Elections Act, as amended by the Act of 1883, are here inserted in their proper order. (ja) All the persons mentioned in this section except the J udges, are, it is believed, qualified to vote under the Dominion Franchise Act for members of the House of Commons. See Doni. Francliise Act s. 3, subs. (1) note "6y any law o/thf Dominion of Canada ;" also note to s. 11 '^ ilisqun/ifitd and incovipetait to rote ;" ante. % if 9H Certain officers and persons not to vote No woman to vote. R.S.O., 0. 10, s. 7, repealed. THE ONTARIO PROVINCIAL FRANCHISE. 6. No Returning Officer or Election Cleric, and no person who, at any time, either during the election or before the election, is or has >een employed at the said election or in reference thereto, or for the purpose of for- warding the .same by any candidate or by any person whomsoever, as counsel, agent, attorney, or clerk, at any polling place at any such election, or iti any other capacity whatever, and who has received or expects to receive, either before, during or after the said election, from any candidate or from any ^person whomsoever, for acting in any such capacity as aforesaid, any sum of money, fee, office, place of employment, or any promise, pledge or security whatever therefor, shall be entitled to vote at "any election (jh). 2. The preceding provisions shall not apply to Deputy- Returning Officers an• as the owner, tenant or occupant of real property of the actual value of not less than the following (oo): (k) "FvUAije." — See sec. 3, subs. (I)of Doin. Ki-anchise Act and note '\fullaifeo/Jl yuars" ante. (I) ^' Sitbji'ctx of Her MajeMy " — See sec. 3, subs. (2) of Dom. Franchise Actlmd note, ante. (m) '^ Othcnoise by Law prerenti il frnm Vofimj." A pei'son found guilty of a corrupt practice is disqualified for eight years. Rev. Stats, cap. 10, sees. Kil and 164. As to wliat are corrupt practices see chapter on "Corrupt Practices" ; also chapter on "Penalties," post. See, also, Doni. Fr. Act, sec. 3, subs. (1) and sec. 11, ante. (n) " Time of the final n rmonand corr^iction.'' — Ste ante, note to sec. 2, subs. (14). (o) "Arenidenlofanddomicileilwithin." — See Uoni. Fr. Act, s. 3, subs. ((5) and note. Non-residents cannot vote under any of the provisions of this Act. (oo) See notes to sec. 2 of Dora. Fr. Act under respective titles " ownei,"' " tenant," "occupant," and " actual value," anti'. ■ A 7 li'l. 100 THE ONTARIO PROVINCIAL FRANCHISE. Ri I w A\ It It , ! Joint. owuerH. Iiiuoiiie fran- (^hise. fu cities and towns, two hundre-l dollars ; In incorporated villages and townships, one hundred dollars ; . • (3.) Where any real property is owned or occupied jointly by two or more persons, and is rated at an amount sufficient, if equally divided between them, to give a quali- fication to each, then each of them shall be deemed rated within this Act, otherwise none of them shall be deemed so rated {op). Secondly. — Every male person who is residing at the time of the election in the local municipality in* which he tenders his vote and has resided therein continuously. (/>) since the completion of the last revised assessment roll {q) of th.e municipality, and derives an income (?') from some (o/») See sec. 6 of Doni. Vr. Act and note thereunder, (iiiti-. I'rince Edward Island Act, 24 VMc, c. .34, s. 14 ; Nova Scotia Fr. Act, 188.=), s. ."> : guebec Election Act, 38 Vic, c. 7, s. 9, etc., '^' if kukiIUj diniii'd hifimnfhem." Under the Dominion Act tiie partners are qualitied according to their respective shares and if the share of.any one partner does not come up to the amount necessary tocjualify, he cannot be registered, though the partners whose sliai'es are sutticient may be. Tiie same rule prevails under the Quebec Act, ilcrforu/ lists of Kamontska, 3 Q. L. K. 308, s. c. , 1877. The same appears to be the rule luider the I'lince Edward Island Act above cited. Under this Act the rule laid down is that all, or none, may vote. Under the Nfcva Scotia Act the assessment is to be apportioned " to the best of the assessors' judgment."' ( p) " f{a» rtdded thtrdii contiiinoiishj. "'- The residence fortlie period named must be continuous. Absence on duty witli the militia, which is a compulsory legal absence, but temporary, is not a distiualiHcation witliin the statute which requires voters to be resident for six months prior to the election, Itex v. AfitdipJI, 8 East, .^l 1 . W'liere, as by this sub-section, no qualiticaticm by occupation as owner or tenant was expressly required, it has been held that any actual residence is suHicient, and that a man who had for two months lived with his wife and child in a room in a cottage allotted to the wife's mother by the trustees of a charity, the rules of which prohibited tlie in- nmtes from taking in strangers, did not break his residence ; Beul v. Ford, .3 C. I'. D. 7.3. See note to sec. 3, subs. (6) of Dom. Fr. Act, aide. (q) '' Compfetion of the last rcvmd assessment roll.'' — See note to sec. 2, subs. (14) ante. (r) " Income," — Income means the balance of gain over loss. Lawless v. SuHinni, L. R. (i App. Cases .373, which reversed judgments of the Supreme Courts of Canada and New Brunswick as to the interpretation of the term in the Assessment Act of the latter Province. THE ONTARIO PROVINCIAL FRANCHISE. 101 trade, ()CCUf)atioii, calling, office or jirofessioii (s) of not less than two hundred and fifty dollars (t) annually, and has been assessed (u) for such income in and by the assessment roll of the municipality upon which the voters' list used at the election is based. Thirdly. — Every male })erson entered on the last revised wajje^fran assessment roll (v) as a wage-earner (iv) who is residing at the time of the election in the local municipality in which he tenders his vote, and has resided therein continu- ously, (a;) since the completion of the last revised assess- ment roll of the municipality, and who has during the twelve months next prior to being so entered, derived or earned wages or income (i/) from some trade, occupation, calling, office, or profession of not less than two hundred and fifty dollars. (.s) " Trade, ocrujtn/ion, e/c." — The w.orde in the former Act were "trade, calling, ortice or profession." The word "occupation" has been added, thougli without, ap- parently, widening the scope of tiiis franchise. Persons deriving tJieir income from investments, but not being professional money lenders ov l)rokers, would seem to be excluded. There is no provision for cases of joint or partnership income, as under the last subsection as to joint property ; therefore, the partner whose share of tiie income entitles him to vote will be entitled to l)e on the list, tliough the other part- ner's share may be insuiiicient to qualify him. Income voters siiould, however, be assessed individually on the roll, as it has been iiold that a person cannot, on appeal to the Voters' List Court, be put on the list for income unless his name l)e upon the assessment roll, Lincoln — Borroirman'aaMe, 2 Ont. Ap. K. .'ild. (t) " Two hiuidreil and ffty do/fii,rs.''-^T\ie former income qualitication was !|400. ill) " Has been woiesHcil." — The income voter may waive the exemption given him by subs. (22) of sec. 6 of Rev. Stats, cap. 180; and is not now required to have paid his income tax before 1st Jan. previous to voting. See sec. 7, subs. (2) of Elec- tion Act, repealed by this sec. ((') '* Lust renxed (iMessmfnt roll." — See s. 2, subs. (14) ante and note. (w) " Wafft earner." — See sec. 2, subs. (6). (a;) " Has resided therein continuously." — See note to same words in lust sub- section. ((/) " Watjes or income." — The words " wages" and "income" seem to be :reated here as if they were synonymous and the same qualifying words " trade," "occupa- tion," etc., are used in the last sub-section. By sec. 2, subs. (8) of the Assessment Act, income is declared to be "personal property," and such property is, by sec. 6 ■:5 •I'i. 1 f 1 • > ll ir ill I I 1 0-2 lIoil^dtlollllT. THE ONTAIJIO PROVINCIAL FUANCHISK. (2.) Ill cstiinatiiiji' or asc€d fouf liundred doUars," is reiiileied exempt ; Imt liy section 7 of the same Act snch iierson ;nay waive snch ex einption and re(|uii'e liis name to he entered for sncli income, for the purpose of heinji entitleil to vote, and suoli income sliall in such case he liahle to taxation. It (U)e8 not ( learly appear whether the wage earner is to he j)l.'iced in tlie same position. If wages and income aie synonymous terms, it may he ari,'uid in the al)sence of an express de duration to tlie contrary, tliat lu' will. Tlu! income of a farmer derived fi'oin his farm, and the income of merchants, inechanicH and other persons ifi'rimi j'roiii ntpilnl Hable to aiM'.ssiiiciil. are exempt (Assessment Act s. (i, subs. ].")); hut a wage earner will not come within tliesc classes. The provisions in the "Assessment Amendment Act, 1883," with regard to this class of voters and their entry on the roll, such provi sions heing analagous to those relating to tlie " landholder's 8(ni " class, together with various expressions made \\»k' of throughout the Act in refeience to the subject, would lead to the conclusion that it was not Uie intention of the Legislature to render the income of wage earners liahle to he taxed. (See Assessment Amendment Act, 188/), s. 2, subs. 4, 8. 4, 8. ") subs. 1, ss. (5, 8 and 10; see also. s. 2*2 of the Voters' Lists ' Act, and note, />o«' ; and sec. 8. subs, oof same Act and note //os/). And this is further rendered reasonably clear by a comparison of this subsection, which provides merely that the person must be entered ou the assessment roll an laborers is often paid in the shape of boani and lodging. As a mere lodger or boarder cannot qxuilify as a householder, (see sec. 2, subs. 8 and note), the value of his Iward and lodging is to be taken into account in this way ; hut the value of the board or lodging supplietl to a wage earner resident in a city, town, or incorporated village, who is in many cases also rennm erated in part in this way, is to be excUnled from the computation in his case. As to the meaning of the word "lodging," see note to s. 2, subs. 8, ante. (yx) " Ilomeholder." — For definition see aiUe, s. 2, subs. 7 and 8, and notes. ~ (z) ^' Last reimed amensme7it roll," ^' hai* residejl there contintiotiily," Hee ante. The value of the property is no criterion of the right to vote of this class of voters. All householders are entitled to vote under this section. They are to be entered on I f THE ONTAUK) PROVINCIAL FnAN(MnsK. 103 i NVai^t'H ipsility, of any ved, or us i>uit housc- ) of the muuiil iu- tllars," is ■ such ex e (if heiii},' t does not I f wages xpress lie I from his ()//* I'tijiitiil iige earner ineiuhneiit uoli provi utlier with ect, wouhl eiuier the Act, 1885, tei's' Lists iitl this is 1 provides •inr, while id for such le shape of usehohler, taken into age earner lao renum vse. As to notes, e ante, s of voters, entered («i local municipality in which ho toiideiH his vote, who is resi(ling''at the time of the election in the said munici- pality, and has resided there continuously since the com- pletion of said last revised assessment I'oll. Fifthl'/.—ViS'iivy landowner';^ son (a) who is resident (6) Lamihoi.ierH' at the time of the election in the local nnuiicipality lu which he tenders his vote, and has resiciod therein with ;uid in the residence or dwellintif of the lan '! '"■" 5 104 THK ONTARIO PROVINCIAL FRAN("HIr>E. tVaiichised, (d) and all Indians or persons with part Indian blood who do not reside among Indians, though they participate in the annuities, interest, moneys and rents of a tribe, band or body of Indians, subject to the sam(( t(ualifications in other respects, and to the same pro- visions and restrictions as othei- persons in the electoral district ; (2.) But the Indians or persons with part Indian blood who are entitled to vote where there is no voters' list shall be only the following, namely : " All Indians, or persons with part Indian blood, who have been duly en- franchised, and all un-enfranchised Indians or persons with part Indian blood who do not participate in the annuities, interest, moneys, or I'ents of a tribe, baud or body of Indians, and do not r(;side among Indians, sub- ject to the same qualifications in other respects, and to the same provisions and'restrictions, as other peisons in the electoral district." (3.) Where there is no voters' list (e) any person al- leged by a candidate, or the agent of a candidate, to be an Indian, or person with part Indian blood, shall, if re- quired by such candidate or agent, or by the returning officer, take the following oath or affirmation in addition to any other oath required by a voter under the law : — Vou svveai' tluit yau do not participate in the annuities, interests, moneys or rents of any tribe, band or body of Indians, and do * ■ not reside among Indians, f>f) " Dii/y cii/ranchi'ied." — See Dom. Fran. Act, s. 2, "person," note " imiiidmi an Indian" ante. According to the Indian Act, 1880 (Dom.) s. 2, subs. 5, the term " enfranchised Indian,'" means, any Indian, his wife or minor unmarried child, who has received letters patent granting liim in fee simple any portion of the reserve, whicli may have been allotted to him, Ids wife and minor children, by the band to which he belongs, or any unmarried Indian, who may have received letters patent for an allotment of the reserve. (e) "No roferx /^x^" — In those unorganized districts referred in the next subs, following. See notes to following subs. 1 "•W*!" — M M "T 1 THK ONTARIU PROVINCIAL FUANCHISE. lO.J Or, at his option, the following : — You swear that you are not an Indian, nor a person with part Intliaii hlood. Seventhly. — lu such (»f the municipalities, townships an«l places in the Electoral Districts of Al<,'oma East, *'' • Algoma West, East Victoria, East PeterV)orough, North Hastin<]fH, North Renfrew, South Renfrew, Muskoka anil Parry Sound as have no assessment roll, and subject to the provisions hereinafter contained, every male person of the full aye of twenty-one years, heing a subject of Her Majesty by biith or naturalization, and being not otherwise disqualified, who is at the time of the election a resident of and domiciled within the Electoral District for which he claims to vote, and is actually and ho7ia Jide owner of real estate in such electoral district of the value of two hundred dollars or upwards, or who is at the time of the election a resident householder of such place, and has been such owner or householdei- for the six months next preceding the election. (2.) A person is not an owner within the meaning of the said provision designated seventhly, where the land of which he claims to be owner has never been granted oi patented by the Crown, and a person who is a mere lodger or boarder in a house is not a " resident house- holder " in respect of such house. . (3.) In any part of the Electoral District of Algoma West, Algoma East, Muskoka, or Parry Sound in which there is no assessment roll or voters' list, residence by an owner shall be necessary for the same period as resi- dence by a householder, in order to qualify a votei-. Eiyhthly. — No person shall be entitled to vote in un- ii* ' lU 1 ^ ■ ' J 10(i THK ONTAiao IMIOVINCIAI- KKANCHISK. ()i-^aiii/('rii;ani/<'(l numicipality (ce) . {e.f) Tliin latter provision in iiiteiKled to aholish a practice wliicli luul arisen under the previous dotibtful state of the law, wiiich waH theHuhjectof jutlicial investigation in the ;V».v/o/7( (vmc, /SS.l. In certain ili«tiict« tiiere are a.sHeHHnicnt rolls, luit no voters' lists. To these sec. 78 of tlie Klectioii Act as anicmled liy sec. '2'J of Act of 1 884 and sec. \'2, suhs. ((») of this Act applies. It is as follow s : . 78. (1 ) In any municipality in the dcctoial districts of Algonia Kast. .Algorna West, East N'ictoria, Kast l'cterl).irou>j;h, Nortli llastingM, North Renfrew. South Renfrew and Muskoka a!id Rarry Sound, M'here there is an assessment roll, hut for which no voters' lists containing tiie names of the voteis in such municii>ality have heen Kied with the clerk of tiie peace, or certiticd liy the county judgi'. the retmuing otliiicr shall, up(m recei\)t (»f tlu^ writ, procure from tiu^ clerk of tlie municipality an alplia- betical list or lists of all persons entitled to vote in the municijjality or in the polling suh-divisions thereof (if the nnini(^ipality is divided into polling sul)-divisi(ms) ; and the Clerk shall forthwith, upon hcing re(|uested .so to do, fuinish the Returning Officer with such list, or li.sts. having lirst certified to the correctness thereof before a justice of the peace ; ('2) Kvery list of voters so preparetl (or a siniilat list otherwise procured by the Returning OHicer, at the expense of the clerk, in case of the failure of the clerk to furnish the same within a reasoniihle time), shall be the voters' list to be used at the election for such municipality oi- polling sub-division ; (3) In eveiy nnuiicipality in the said districts in which there is an a.ssessnient roll, it shall be necessary that the name of the elector shall ajipear upon the list of voters prepare. Where there are no assessment I'olls, see, 9'2 as amentered four, and (2.) By The Election Amendment Act, 1883 ; But nothing in this Act contained shall be deemed or construed as repealing, altering, or affecting any of the provisions of sections 22 and 23 of The Election Laiv Amendment Act 1884 (^^')> ^^'' ^'^y of the forms of oaths in the schedules to said last^ mentioned Act contained or set forth. 21. The several sections and provisions of this Act shall come into foi'ce and have effect as follows : (1.) Sections 2 to G both inclusive of this Act shall come into force and have effect on, from and after the (g) ^^ Section'* 7~) niid 77. "-.-Section 7;"i provides for the cases of territory being added to a city, town or village in another electoral district, and of villages being formed of territory in different districts, etc., and an election taking place l)efore new- voters' lists are made out. Section 77 provides for the case of a voters" list covering portions of two or moi'e electoral di-stricts. (f/f/) For forms referred to see schedules, i>OKf. (gx) These sections are given in full (as sees. 78 and 92 of the Election Act) in note to last sub-section of section 3, antf. They relate to the muDicipalities and districta where there are no regular voters' lists J 1 THE ONTARIO PROVINCIAL FRANCHISK. 109 first day of January next after the passing of this Act, except as to any assessment roll or assessment taken or made subsequent to the first day of July next after the passing thereof, under the special provisitms of section 4)4 of The Assessment Act (h) ; and with respect to any such last-mentioned assessment roll or assessment, and any list of voters based thereon, the said sections of this Act shall for all purposes, and as regards all matters, liabilities, duties and proceedings therein provided for, be deemed to come into force, and shall have effect on, from and after said first day of July (0- (hj "Section /}.'/ of tin- iixn<>ixmi-ut act" — Gives power to Councils of cities and towns, separate from the county, to pass by-laws clianging tlie time foi' making assess- ment, retuiii of tl»e roll, Court of Revision, etc., to tiic last half of the year, instead of the earlier portion, as providetl hy tlie Act for municipalities generally. (i) The remaining sections of this Act, relate to the electoral areas, controverted elections, etc., the provisions as to the former coming into force from and after the dissolution of the present Assembly, tlie latter from the pu ;sing of the Act. Tiiey are here omitted as not touching the subject of the Franchise. The various forms of voters' oaths are here given, as they tend to throw further light upon the preceding provisions. F OEMS Form 18. ( lii'/trnil to ill li. S. 0. c. ID, Section HI.) (See sec. 5 of Fran, and Rep. Act, 1885, cuifi'.) KOIi.M (}K OATH OF PER.SON VOTlN(! A.S OWNER, TENANT OR OCCl'l'ANT OK HEAL ESTATK, OR A.S A HOUSEHOLDER Vou ,v//vf/;' (I ) that you are the person named or purporting to be named by the mime of on the list of voters now shewn to you. (2) That on the (3) day of one thousand eight hundred and you were actually, truly and in good faith possessed to your own use and benefit, as either owner, tenant or occupant, in your own right or in the right of ,yuar wife, of the real estate in respect of which your name is as aforesaid entered on the said list of voters, and are as such entitled to vote at this election ; That you were at the time of the final revisitm and correction of the assessment roll on which said list of voters is based and are now actually and in good faith a resident of and domicihid within this electoral district ; li ' i 10 THE ONTARIO FROVINr'lAL KKANfJHISK, That you are of tlie full age of twenty -one years ; That you are a subject of Her Majesty eitliei' by birth or by naturalization : That you have not voted before at this election, either at tiiis or any other pollinfj; place ; That you have not received anytliing, nor has anything been promised you either directly or indirectly, either to induce you to vote at this election, or for loss of time, ti'avelling expenses, hire of team, or any other service connected tlierewitli ; And that you have not directly, or indirectly, paid or proniiseil anything to any person, either to induce him to vote, or to refrain from voting, at this election. So help j'ou <4od. (1) If the voter is a i)erson who may by law aliirm, then for " •scro/' " substitute " ■io/cinii/i/ djfin/i." (2) The Deputy Returning Otticer sliould hereupon shew the \()ters" list to the voter. (8) The date to be here inserted in adininistering the oath is at thk (.'Uoice of the voTKR to be Krrnr,R the day certitied by tiie Clerk of tlie Municipality to be the date of the JiKTiKN by the AH.sess()i' of the assessment roll upon whicli tlie voters' list used at tlic election is based : or the day so certitied to be the date when by law tiie stiid roll was to be considered and taken as KINallv HKVISKH. Note. —In the (tath administered to a Deputy Returning OtHcer, poll clerk or agent votinc rroN a cehtikicatf issued under Sec. 87, for " mi llit /ixt of refers noiv .s/ieini to i/oii.'' substitute ''on the /ist of roti'rufor tlu' Miiiiiclp'i/ili/ of ,"' naming the municipality mentioned in the certilicate. . 1 ; \ Form 19. ( R/.) (See Kran. and Rep. Act, 1885, sec. ."), a)il<.) " ORDINARY FORM OF OATH OF I'EKSON VOTIXti TN RE.SI'KCT OF INOO.MK, OR AS A WAGE-E.\RNER. N'ou >■"•"«/• (1 1 that you are the person named or purporting to be named by the name of on the list of voters now shewn to you ; (2) That on the (3) day of one thousand eight hundred and you were, and thenceforward have been continuously and still are a resident of this municipality ; That at the said date, and for twelve months previously, you were from your trade, occupation, othce. calling or profession, in receipt of an income or wages amounting to a sum not less than two hun Pahry SOl'NI*, WHERE there IS A VoTER.s" LiST. //// /itrsoit'^ ti.'/w rotk . WIIKKi: TKKKK IS NO AsSKSSMKNT KoM. OK VoTEIts" LlST. Ri'mlciit Oii'iiir'" Oath. Vou sircar (1) that yon are .1. li. (2) ; and that you Inive not voted before at this election, either at this or any otlier polling place ; That you are actually, truly, and in good faith, possessed to your own use, as owner, of the land in respect of which youi' name lius now on your information been entered on the Deputy Returning Officers list ; that you have been such owner of the said pi'operty for the six months next preceding this election ; that the said land has been patented, and is of the value of at least two hundred denials : That you are now, and have been oontimiously for six months immediately preced- ing this date, actually, truly, and in good faith, a resident of this Klectoral District ; Tliat' you are entitled to vote at this electiim in respect of the said property ; That this, to the best of your belief, is the polling phice nearest to the said pro- perty ; • That you aie of the full age of twenty-one years ; That you are a subject of Her Majesty, either by birth or by naturalization ; That you have not received anytlnng, iioi- has anything been promised you either een entered ler of the said land has l)een (1) If the voter is a person wlio may by law affirm, then for "utrear," substitute '• .■- divisions, sliall l)e mudi^ hefnrt? the pid)lication of the voters' lists. 4. For the purposi- : Subdivisions, and it appears by the assessment divisions ..f ^ " . ^\ "^ Bameward. ^-^ll that any porsoii is assessed in each of two or more such polling subdivisions in the waid for |)roperty suffi- cient to entitle him to vote, the clerk shall enter his name on the list of voters in one such subdivision only, and shall, as required by the preceding subsection, insert op- posite his name the additional words "and other premi- ses "; and where, within the knowledge of the clerk, such person resides in one of such polling subdivisions, his Entry where voter aB8e!4ded ficatidn ilepends," -per Moss, ('. .)., .\. Ih. p. .S28. Nov i.s it deatroyeil l)y an erro- neous statement of the capacity in vvliicli lie is entitled to vote, Pri'xcolt Ele.ction (Dom.), 1 ' '. 7.S0 and sec suhs. 2 of sec. {(1 of the Elections Act (Ont. ) as amend*' ' .'ran. and Kep. Act liSJS"), iiiih . See also S/orninii/, 1 H. K. ('. 21 ; 7 C. T ,'h-orkrilJ,', 1 H. K. ('. 12!). .oper DeKCripfion." ~f. ;/., nundteiof house, lot, name of street, lane, etc.; see jjinco/ii Election, 2 Ont. Ap Kep. .'{28 ; F/fim/ern v. Ihiiim i\ 2 C. B. (i.S ; EI»f)i>orth V. Farrar, 4 C^. IJ. 9; Ji'".v v. Aire (tml Cafiltr Nar. Co., 4 I J. & C. 243 ; Hex v. Brom- yard, 8 H. & C. 242 ; Eh'rshy v. Barker, 7 M. & (i. 7<) ; 8 Scott N. R. 8{»9 ; Wood V. Willmhn, 2 C. B. 15 : (lailsini v. Warhiirtou, 7 M. & (J. II ; Nioin. v. Jhnfon, ? M. & Gr 70; Danie/i v. Cuinp iti, 7 M. & (i. Hi7 : .Imhon v. Lin-kett, 2 C. IJ. 197 ; Birk>i V. A/li> C. IJ. lUT ; 4C. I', 422; iL'f. 3 (s. 7 of THE ONTARIO PROVINCIAL FHANCHIHE. name shall be entered as aforesaid in the list of voters foi- that polling subdivision {k). (9.) Wherever it appears by the assessment roll that any person is assessed for property within the munici- pality sufhcient to entitle him to vote, but that it lies partly within tlu" limits of one ot such subdivisions and partly within another or others, the clerk shall enter Ids name on the list of voters in one of the subdivisions only in which such pi'oj)erty is situate, with the following wordsadded: "Partly qualified in siibdi vision No. (10.) If the qualification is in respect of taxable income (I), the clerk shall, in the jiroper column of the voters' list, state that fact and the place at which the voter resides in the municipality, (11.) An assessment roll shall be unrhTstood to be tin- idly revised and corrected, when it has been so revised and corrected by the Court of Revision for the munici- pality, (»• by the Judge of the County Court, in case of an appeal, as provided in The Assessment Act, or when the time during which such appeal may be made has elapsed, and not before {rn). 3. Innuediately after the clerk lias made the said 121 Priiviniim whuii property partly III one Nulxlivi- Hion and partly ill aiiotlier Iiicoino qualifl- catioii. Wlii'ii aHHess- nieiit roll to \'V regarded aM flnallv revised. Copies of list to (k) See note to siib«. fi (i.)ih\ and eases eitetl. fl} " Tiixalile. iiiroiiir."' -See aiifi , Kran. and Keji. Aet 188"). a. 'A (Kl. .\ot, ^<. 7) .siilis. "Secondly" and note -Lmrli-xK v. SiiUiniii, L. K. (i Apn. cases, 373. im) See nut)' note to Ont. Kran and Kep. Aet~188."), s. 2, suba. 14. By sec. 3 of the V'oteis' Li.st Aniendnunit Act 1885 the exjiiession " Foiiii 1" in the above section 2, subs. 1, shall mean the form of voters' list to be used and made as provhled by .sec. !t of T/i« VoU is'' l/mix Amejidmeiit Acl ISV.i. The new feature introduced by this sc'ition consists in numbers being [ihu^ed ojiposite each name in the list in tlie ])roper column, referring to a separate si^iieduleof I'ost Offices, and so indicating the Post OHice address of each person on the list ; as well as in placing the letter J upon the list opposite the name of every male person over 21 and under 60 years of age, iiiuilified to serve as a juror, in the colunni which con+ains the number of the voter on the roll, or in a separate column provided for the purpose, pursuant to the provisions of " The Jurors Act of 1879." See Form, post. i I I 'II i 'v * 122 be print I'll. Copies to be posted in (ilerk's officeand copies to be sunt to certain officials. Clerk of the municipality to transmit copies to certain per- sons. The MP. THE ONTARIO PROVINCIAL FRANCHISE. alphabetical list, and within forty days (n) after the final revi.sion and correction of the assessment roll, the clerk shall cause at kast two hundred copies of said list to be printed (in pamphlet form where practicable), and forth- with shall cause one of such printed copies to be posted up, and to be kept posted up in some conspicuous place in his own office, and deliver or transmit by post, by regis*^ >?d letter, or by parcel or book post, registered, three of such copies to each Judge of the County Court of the county to which, for judicial purposes, the municipality belongs •; and two copies to each of the following persons, that is to say : (a) Every member of the Municipal Council of the Municipality except the Reeve ; (6) The Treasurer thereof ; (c) The Sheriff of the County ; {d) The Clerk of the Peace ; (e) Every Postmaster in the Municipalit}' ; (f) Every Headmaster or Mistress of a Public or Sep- arate School in the Municipality. 39 Vic, c. 11, s. 2. 4.8 v., c. 3, s. 8. 4. The (ylerk of the Municipality shall forthwith, also deliver or transmit by post, by registered letter, or by parcel or book ptjst, ri^gisterd, teii of such copies to each of the following persons, that is to say : (a) The member of the House of Commorici for the Electoral District in which the municipality or any par t thereof lies. ti (n) 40 (lays were sub8titute , ,, , . , .,, iT« i /-n c»s 1 the clerk to cer- shall be a printed or written ceitmcate {V orm 2) over thf tify as to eer- , ^ tain matters. name of the Clerk, stating that such list is a correct list of all persons appearing by the last revised assessment Form a. roll of the Municipality, to be entitled to vote at elections for members of the Legislative Assembly, and at Muni- cipal Elections in said municipality ; and further calling upon all electors to examine the said list, and, if any omissions or other errors are perceived therein, to take immediate proceedings to have the said errors corrected according to law (o). 39 V., c. 11, s. 2 ; 40 V., c. 10, s. 3 ; 48 Vic, c. 3, s. 9. 6. The Sheriff shall immediately upon the receipt of sheriff, cierk ,. . r iU i. u i. 1 • • of the I'eace, his copies cause one oi them to be posted up in a conspi- readier and ^ l'o.stniapter to cuous place in the Court House ; tlie Clerk of the Peace, '""*' "P" "-"py upon receipt of his copies, shall cause one of them to be posted in a conspicuous place in his office ; every Public or Separate school Headmaster or Mistress, shall, in like; (o) Where the elerk had list, with his certificate printed, ready fr)r inaih'n<; on the d;ite inentiitned in certificate, and died hefore that date turivKl, and lii.s successor posted up and tran.snutted copies, as he found them : //(/rk were directory, and that tlie ("onnty ,Ind<'e had inrisdiction to revise tiie lists. AV (Imlfrlrh VnlcrH IJxts of 1X7.',. (i f'r. K. 2\:\. A li.st not signed by the clerk would not beheld invalid, it is thought, the provision as to signatuiv being directory. Mo>ynn v. Pirn/, 1" C. B. 3.S4 Hut a false certificate being signed by tiit -derk and list posted up, tliough cf>pies are withheld from trans- mission, the time for making ccmiplaints begins to run. and when expired cannot l>e extended, Vofeiy' Lkt of f/Orinnnl, }) P. R. 42r). .jiid-'i- 1'^ .M 124 THE OiSTAltlO PKOVINCIAL FRANCHISE. , rji • (Jlerktopiiblish notice of first manner, post up one of his or her copies on the door of the school house ; and every Postmaster shall post up one of his copies in the post office. 89 V., c. 11, s. 2. 7. The Clerk shall also forthwith cause to be insert 'd postinu' iir bv jjj some newspaper published in the Mimicipality, or in case no newspai)er is published in the Municipality, then in .some newspaper published in the Municipality next thereto, or in the County Town, a notice (Fornj 3) signed by him, which shall state that he has delivered or trans- mitted the copies of .saiil list ns directed by this Act, and shall also mention the date of the first posting up of said list in his office. One insertion of such notice .shall be sufficien: 30 V., c. 11, .s. 3 ; 40 V., c. 10, .s. 2. Revision of list. 8. (1*) The said list of voters shall be subject to revi- sion by the County Judge, at the instance of any voter or person entitled to be a voter (p) in the municipality for which the list is made, or in the electoral district in which the municipality is situate, on the ground of the names of voters being omitted (q) from the list, or being * Tliis and the following subsections of sec. 8 are given as amended by 48 Vie , c. t3, sec 4. ip) " Anij.roti'r or /tcrxoii cnlithd to In a ruh'r." — Tlie County .Judge has the right to examine and decide wlietlier the j)erson ol)jJcting to anj' votes in tlic list of voters is a voter or person entitled to b' a votei'. altiiough such complainant may appear on the roll as duly (|ualitied. The -nidge having found as facts tiuit one of two com- plainants did not give th.; notice of his complaint rci[uired by the Act, and that the other was not entitled to be a voter : Ihid, that his decision could not be reviewed ; re Vottri*^ Lht of (roflerirh, '.Hi U. V. i), \i. 88. As to notice of complaint see sec. !), post ; as to substitution of new complainant see sec. 10, post. (q) " On the ijrninul o/f/ie ikuih-s of' rof< rs hciuij omiftid." 'I'iiis gronml will inc^lude all those, owneis, tenants, or occupants, householders, laudliolder's sons, and wage- earners, who are entitled to be on the list. Itut have been omitted l)()th from the assessment roll and voters" list for any reason, including too low a valuation of their property, or any other reason. Income \oters, othei- than wageearneis, cannot how- ever be added unless their names are on the assessment roll. Lhioi/n E iction, Bor- roivmoii'M caxe, 2 Ap. Rep. 31() ; though as to landholder's sons and wage-earners, see 8ul!)8. i, post. Those who have become (jualitied between the time of assessment and tlie date of the final revision of the roll will also be included. See as to latter date, sec. 2, subs. 14 of The Fran, and Rep'n. Act, 1885, and note thereunder, nvtc. -Si ■'■ i I I .1 THE ONTARIO PROVINCIAL FRANCHISE. 125 Joor of ■j up one insert 'd y, or in ity, then ity next i) signed 31' trans- Aet, and p of said shall be b to revi- iny voter licipality istvict in id of the or being 48 Vic , c. as the right ist of voters appear on if two com- ,11(1 tliat the •eviewed ; t see Hec. !>, w ill inelutle au; (■BJi i! 120 THE UNTAHKJ PROVINCIAL FRANCHISE. conclusive evidence in regard to any particular, wliether the matter ou whiei) tlie light to vote depends had or had not been brought before the Court of Revision, or had or liad not been determined by that court ; and upon such revision any person who is a wage-earner within the meaning of the Election Act, or of any Act amending the same, shall nt)t be disentitled to have his name entered on said list, eitiiei by reason of his having omitted to make, sign, or deliver, any statenjent required by the pro- visions of The Assessment Act to be so made, signed or delivered by him, or by reason of his name not having been enteted on the assessment roll as such wage-earner ; and the decision of the judge under this Act, in regard to the right of any person to vote, shall be final so far as regards such person. Appeal ineasf (2.) A Complaint or ap[»eal (Form 4) may be made on T. K. 283 ; Wi/liamx v. liunictts, 9 Dowl. .544 ; Scott v. Dick- Hoii, 1 U. C. p. H. 3(56. (a) Why a person entitled to be assessed and to vote as an income voter is not in- cluded in this subsection is not (^uite apparent. It may be argued that he may still qualify as a wage-earner and so get the nenefit of this sub-sec, a wage-earner being declared by the Assessment Amendment Act 1885 to be 'any male person of the full age of twenty-one years and a subject of Her Majesty by birth or naturaliza- tion who is actually resilient and domiciled in any municipality and wlio in not other- wine enteraif or aKne/ixcd in the assessment roll of said Municipality in respect either of property or taxable income so as to entitle him to vote at an election for a mem- ber of the Legislative Assenddy of this Province." The Voters' Lists Amendment Act 1885 contains the following additio al provision. THE ONTARIO PHOVINCIAL FRANCHISE. 129 9. Any voter or i)er.son entitled to be a voter (6), Proceedinj^s on •^ person com- niakinuanv comiilaint of any error or omission in the said piainim.' <>f er- list shall, within thirty days after (c) the Clerk of the municipality has posted up the said list in his office, give Notice to lu- to the Clerk, or leave for him at his residence or place of l>usinoss, notice (J) (Form (j)in writing ofhis complaint and 6< Any lantlhoUler's 8t, 9 Dowl. 544 ; Scott v. JJickmn, 1 U. C. P. R. 366 ; Lenter v. Gar/uml, 15 Ves. 248 ; the complaint nmst be entered with in the time limited, liet/iiia ex re.l. Telfer v. Allen, 1 Pr. R. 214 ; Rft/uia tx rel. Whiff v. Roach, 18 Q. B 22(5. No exception is made for Sundays or Statutory holidays in the computation of time under this Act ; and the notice may be servetl on Sunday, it not being " process " of a judicial character under 29 Car, II. o, 7 ; HaiHiiiK \\. Orer- ■•. (d) ' ' Xotice. " — The notice must be signed by the voter giving the same or his agent. The name in the beginning is not a sufficient signature. In re Simjison v. Co'y Judiji' of Lanark, 9 P. R. 358, The iiuestion of the validity of the notice can be raised before the judge hearing the appeal, after it has been received and entered in the list of appeals, the clerk who receives and enters it having no judicial duty to per- form, Ih. The notice need not be signed ubiJtiena (Form 13), or from the County Judge an order nesseson revi- ' ^ ' ./ O 8I0I1 of list. iiMjuiring the attendance at the court for hearing com- plaints as aforesaid, at the time mentioned in such sub- 1 )i ena or order, of a witness residing or served with such -iibpa'na or order, in any part of this province ; and re- <|uiring any such witness to bring with him and produce at the court any papers or documents mentioned in the subpoena or order, and every witness served with such -iibpcena or oi'der shall obey the same, provided the allowance for his expenses, according to the scale allowed in Division Court, is tendered to him at the time of service (h). (2.) Any person complftining, or any person in respect 'Icreon whose "f the insertion or omission of whose name a complaint t'o" to ""end. is made, .shall if resident within the municipality, the (/) " Pi'rformed." — In case of death of the clerk after he lias prepared the lists ■nu\ signed certificate under aec. 5, his successor may continue tJie proceedings. /{<' '•'oderk/i Votei-fi' Liatx, G Fr. R. 213. (.'/) This subsection has been added t«) sec. 1) by 48 Vic. c. H, sec. 10. ih) This and the following subsections arc substituted for sec. 10 of the original .\ct l»y The Voters' Lists Amendment Act, 1S85, s. 7. \:\2 THE ONTARIO PROVINCIAL FHANCHrSK. m • list of which is the subjoct of complaint, or within the iiuinicipality in whicli the couit is held, upon being served with a subp^^na or order therein, ol)ey the same without b«Mng tendered oi- paifl any allowance for his expenses ; and where any sucli complaint is by or in re- spect of a person whose name is entered in the list of voters as being, or who is alleged to be, a wage-earner or landholder's non within the meaning of T/ie Assesisment Act or of The Election Act, or of any Act amending either of said Acts, such subpo'ua oi- order shall be deemed to have been sufHciently served upon such per- son under the provisions of this section : (a) If such subptt^na or oider is served upon him [)ersonally ; or (6) Where such person has a known residence or place of business within said municipality, if a copy of such subjKeua or order is left for him with some grown person, at such residence or place of business ; or (c) Where such person has no known residence or place of business within the municipality, if a copy of such subpiiona or order is mailed to him through the i)Ost-oftice, with the postage thereon ])re-paid and addressed to him at the post-office address contained in any written affirmation made by him under The Assessment Act, or any Act amending the same ; or (d) Where such pers-on is a landholder's son as afore- said, if a copy of such order or subprena is left for him with some grown person at the residence of the landholder whose son he is (i). (/■) A porson I'oinpliiined iij.faiiist is bound to give evidence when calk-d, /'cfi i-ii V. Ihi/I'oiir. 10 Jr. ('. I-. .M.S. THK ONTARIO PROVINCIAL FRANCHISK. u:\ (3.) If any person, whose right to be a voter is the sub- ject of inquiry <]() not attend in obedience to such .sub- pcena or order, the .Judge, if be think tit, in the absence of satisfactory evidence as to tlie ground of such non- attendance, or as to the right of such person to be a voter, may, on tlie ground of the non-atten(hince of such ivrmityonn .n person, strike his name on the list oi voters, or retuse to tin- person ' wluiMf right is place liis name on the list of voters, as the case may re- i" 'i"L"iii)p'i"»«or.ir- 1 1 . s. 9. 11. In case no complaint rt;specting such list is received List coiiiiniici . . if IK) I'oniplaiiit liv the Clerk of the municipality (k) within thirty days "'"''", 'W day J I .' \ / J J after the Cler after {I) the Clerk has posted uj) the said list in his office. 1'^,'' ',;"f '' "^' the Clerk shall forthwith apply (Form 14) either in person or by letter, to t^ e Judge to certify (Form 15) three copies of such list as being the revised list of voters for the 8 lerk (./) The iiaiiiu ciiiiiiot 1)0 rcstoiod wluMn ohjt'cttir i.s not ready witliliis pioot's ;it .second lioariug, Hhi'ni v. Onrxa r^ «(/' /'ilklinjfoii, 'M L'. .J. {'. |'. ."),") ; Ohllinm El. i lhir/i( r's I'lixi ) 1 (). iV M. l.">7. (/•) Where ii e])Uty Judge to he cancelled : /fih/. that the omission to tran.-^- iiiit the copies, whethei' negligent oi' wilful, not heing essential to the legal revision nr authentication of the list, ccmld not authorize an extension of time, and that the I )cputy Judge's certilicate was final anil could not he set aside. [{< Fo/ir.i' /Jsis oi' l.'Oriueens Uench on .ipiieal. The .Act foimerly provided for notice of complaint heing given within .■<(• days from the time of delivering and transmitting the copies as well as of posting up riic list, .hut this was altered : see 39 Vic, c 11, sec. .">. i/i " Within f/iirii/ ilfii/s iii'h r." See note to same words, s. !l. mifr. ■ ■ • 184 THK ONTARIO nmVfNCIAl, FJIANCHFSK. iinmicipality ; and the Judge shall retain one of sucli ceititied copies of the list, and deliver or transmit by post, registered, one of such certified copies to the (Jlerk of the Peaci' for the County or union of Counties within which the niunieijiality lies, and one of such certified copies to the Clerk of tlie municipality, to be kept by him amonir the records (jf his office. 12. In case complaints are made as aforesaid, immedi- After ttiial revi- sion JiidK*' 'o oTai'tLMations'' ate ly after tiie list has been finally revised and corrected uml (irtify co)).v ,,ti itiihi i i -■f list l»y tlie Judge, tlie Judge shall make or cause to l)e made, and shall sign, a stat(Mnent (Form l(i) in triplicate, set- tinjj forth the changes, if an\', which he has made in tbe list ; and shall certify in tri|)licat(' (Form 17) a corrected copy of the list. And such statement in triplicate and stutiinunix ..ml such Corrected ('oi)ies of tlu^ said list shall, if the Judjje (•Drrtcteclco] les i ° '.'.ri'|)iimi''hr ^<^' order, iiml under his directions and supervision, be s.Mih-i'iVs"' ^'^ prepared by the clerk of the mnnicii)ality, and for that purpose the Judge shall forthwith after .sai-, etc. And the said Clerk of the Peace shall signantl deliver the said book or books on or before the last day of November (now December) in the then current year to the sheriflF of the < ounty, to be by him' and his successors in the office of sheriH' safely kept, for the p)nposes hereinafter and in the said recited Act mentioned. In Hnnnjif v, Jirem/nr, lid, L. .1. C. P. .S.S ; 9 C. B. (N. S. ) 1, the name of the appellant was inadvertently erased by the revising barrister and erroneously omitted from the first impression ot the register. The appellant discovered the omission, and cominunicatcd with the Clerk of the Peace, who inserted the name, and delivered a Itook. lontaining the name sr) inserted, to the Clerk of the Peace on the l.'ith .Tanuary. ihc appellant becoming an objector at the next revision, the revising barrister declined to hear liini, on the ground that he was not upon the registei', because he was not up ; ,.>\ 'r ■ f :■■-■* i m \ v - ■ t ■ i \ 13(i THE ONTAllIO PROVINCIAL FKANCIIISK. Iiave made such provision the sum of five dollars for each and every day during which such building is uyed for the purposes of such Court : Any Court held in the Courts in c.mi- Couuty Town shall be held in the Couuty Court-house or ty Piiwiis. »' ■/ in such other place in said County Town as the Judge may deem proper. juajfcniaviMin- \\. jn all proceedings before the J-udge under this ofc.nirt. ^g|.^ ^)^^ Judge shall have with reference to the matters herein contained, all the powers which belong to or might be exercised by him in the County Couit (n). 15. The Judge shall have power to appoint some proper person to attend at the sitting of the Court as a Constable or Bailiff'; and the duties and powers of such person thereat shall be as nearly as may be the same as those of the Bailiff of a Division Court (o) at a sitting of a Division Court and in reference theret(»: and the ex- penses (2?) of the person so appointed and attending shall l)e borne by the municipality tht; list for which is the subject of investigation, and shall include such allowance for loss of time, trouble and travelling fees as shall be certified by the Judge to be reasonable ; and the amount certified by the Judge shall be paid to such person AppiiintiiRMit of Bailiff. Duties Expellees. («) Sec note to sur. 28 Doiu. Fiaii. Act " I'owurs of ii Court of Hecoifl" autt , al.so Hco. 3 of till' ^'otl.'^s' Lists Kinality Act an'»." — See b. 1H of The N'oteis" Lists Kinality Act, poi^f, which fixes the BailiH's fees and takes away all discietionary power from the Judge as to the amount thereof. >;■' r' II THE ONTARIO PROVINCIAL FRANCHISE. 137 ii\ the Treasuier of the municipality upon the produc- tion and deposit with him of the Judge's certificate. 16. The Clerk of every municipality .shall be subject ciei-k to be sub- ,. , , 1 /> 1 i->( ' jcct til tl)esimi- to the summarv lurisdictiou and contr )1 or tlie County loaiy jurisdiu -^ '' _ y tiiin of the •liidge in respect to the performance of hifi duty under this •''"'-^ Act, and in respect to every act required to be performed li\ such Clerk touching the voters' list, in the same manner us ottieei's of the County Court are to the <'ourt (q). 17. rf the Judge who holds a Court, believes, or has Keportb.v.uuige as to fraUils etc. good reason to believe, that any person or per.sons have 'Contravened the twenty-sixth or twenty-ninth sections cf this Act, or that frauds in resi)ect to the assessment or the voters' lists have prevailed extensively in the municipal- iLy it shall b(^ his duty to I'eport the same to the Provin- cial Seci'ctary, with such particulars as to names and facts as) he may think proper (r). 18. The Judge shall have power to amend any notice Ameiuimei.t. ui other proceeding upon such terras as he shall think prnpt-'r (.»?). ( ([) A uliuise at the ciiy the .ludge in Election ca.ses, e.xcejit tliat the hitter are made to the Speaker of the House. (s) I'owcas of amendment lia\e heen gradually widened l)y I'ailiameat and the Courts. Amendments of a slip in pleading are now always allowable and a refusal to allow an iimendment is a proper ground of appeal, Luifl v. Jirii/ijs, L. 11. 19 Chy. i)iv. 22: CAu/y v. Y,>r/.<. lU W. H. (52; Sniifh v. Smith, ~y Ont. K. ai//is, ;">(:, I*. D. 23."! ; 49 L. J. ('. V. )S"2. Hut tliis case, it lias been remarked, tliougli a stroni; authority to guide the exercise of tlie discretion, is no exjtress autliority liinding a similar e.Kcr^ise of it in every case. An omission to state tlie place of residence of an objector describing himself only as on the list of parliainentaiy voters, ami being in fact well known, was held curable in Ai/ru>in v. lioxtovh. 8 (^). H. 1). 2r){) ; ."»! L. .1. <,^. I). 17'"> ; and so was an omission of the word " i'arliamentary '' liefore "voters" in./«?H(s V. Hoirarlh, T) C. 1'. D. 22;"); 49 L. .1. C. I'. 1()9. The inclination of tiio Courts is in every way to favor the franchise, h'< i). B. U. C. 4.")2. .See also. /Ancohi Elictioii, (Borroirman's fo,se,) ,.' App. /{. ; Olilham. E/ecfhii, 20 L. T. N. S. 304 ; Elliotf v. Overxecrx of St. Mary's, 4 C. H. 7(), Hoiriff v. Sftphem, a C. H. N. S., .30; Cooper V. A'^hjield, Ih. 10. As to amendments of mistakes in names, place of abode, nature of (jualification of voters or description of property, without pre- vious notice of complaint, see sec. 2 of N'oters' Lists Amendment Act 1879. ijuoted in note to sec. 8 FRANCHISE. :}0 20. In case of errors (v) being found in the said voters' costs .ufasum- etl t).v urrorN list on the said revision thereof, w^hether such errors are may'^i^ ordered to be paid by in the omission of names, the inaccurate entry of names> '"'"-^ parties. or the entry of names of ))ersons not entitled to vote, if it appear to tlie Judge that the Assessor was blameable for any of the said errors, the Judge shall oi-dur (20) (B'orm 18) the Assessor, either alone or jointly with any other person to pay all costs occasioned by the same ; and in case of errors for which the Clerk was to blame, the Clerk, tuther alone or jointly with any othei- person, shall be charged with the costs ; and in case of errors of the Court 'tf Revision, the municipality shall, either alone 01 jointly with any person, pay the costs, subject to any claim which the municipality may justly have against the guilty parties ; or the Judge may order the Assessor, Clerk or Municipality, in any such case, to pay the costs, if any party fail to recover the same from any other party named and ordered to pay the same ; and, in all ca.ses not herein provided for, the costs shall be in the discretion of the Judge ; 37 V., c. 4, s. 10. (2.) No costs shall be allowed on any proceeding under Division court this Act, other or higher than would be allowed in «""««(!. the Division Court under the lowest scale of costs in actions therein ; (3.) The only costs to which an appellant shall be liable Mabiiit.v of 1 11 I ii 'L I' 1 • nil, appellant for shall be the witne.ss tees, unless in case of bad faith on 'o^ts. his part (x). 21. The payment of any costs ordered to be paid by costs, pavinent the Judge may be enforced by an execution (Form 10) ' (»•) See also sees. 24, 2*), 26, 28, 29 and m poxf. (ir) "■Shall o>v/f /•."--Tlieae words aie iinpeiative in form ; I)iit the Jndge inu.st fir.st tind tlie official " blameable," and it is not nsual to do so unless the eiioi- i:^ n-ilfnl. or the lesult of negligence practically amounting to wilfulness. (x) See note to s. '^^2 of Dom. Fran. Act, ante. ' i- f" 140 THE ONTARIO PROVINCIAL FRANCHISE. I ! against goods and chattels, to be issued tVom any County Court upon filing thereiu the order of the Judge, and an affidavit showing the amount at which such costs were taxed and the non-payment thereof. Versoiis wiiosu 22. If a person not assessed, or not sufficiently assessed, names omitted '' from roll iu)(i shall he found entitled to vote, the municipalitv shall be iiiserteu on rovi- i " pay\t'ix.''s. '" entitled to recover taxes from him {y) and to enforce pay- ment thereof by the same means and in the same manner as if he had been assessed on the r(;ll for the amount found .iiKisre's unier. by the Judgc ; and the Judge shall make an order (E'orm 20), setting forth the names of the persons so liable, and the sum for which each |)ersoii should have been assessed and the land or other property in respect of which the liability exists, and such order shall be transmitted to the Clerk of the Municipality, and shall have the same effect as if the said particulars had been inserted in the roll, Kiiiiure of Clerk 23. The tiuies appointed for the performance by the to perform du- '■ ' "" Ht'e'ti.eMsV'"" Clerk of the iMuniciiiality, of the duties required of him by this Act, shall be directory only to the said clerk ; and the performance by him of any of the said duties within the times appointed, shall not render null, void or in- operative, any of the lists in this Act mentioned {z). dl) " SIhi I Ik fiitif/iff to ncori r /iix<:s /roiii hitn." — it iw conceived that it was not the iiiti'iition of the Legishituie li,\ the Acts of ISS."), to .subject the income of a •• wage-earner '" to a.ssessnient fe lioiind to pay taxes, where his name is j)laced upon the list for property already assessed to the parent. It was decided in lie l/tncohi E/cc/ioii, (linrron- man's rrisi), '2 App. K. .Sl(i, that tiie dudge could not add to the list the name f)f an income voter not already assessed, and therefoi-e the question aljove suggestt^d could not. arise in his ease. He is now given sucli power as regards wage-earners and landholder's sons expressly by suits, ."t of s. 8. (,-.) See (loth-rich Voters lAstx, (i I'r. K. 218. Hi Votari' Li^Lt ofL'Or'niiiiil, \) \'\. H. 4'2."t. ■"'-'Il THK ONTARIO PROVINCIAL FRANCHISE. 141 24. Ill case the Clerk of any Municipality fails to per- Provision in •''*'' liiise Clerk of foi-m any of the duties aforesaid, the Clerk of the Peace; ^"nicipaiitv •^ ' (ails to perforni shall forthwith apply (Form 21) sunmiarily to the County ''"*'^''- •Tudge or the junior or acting judge of the County Court for the county within M'hich such municipality is situate, to enforce the performance of the same. (2.) The application may also be made by any person Kietid may entitled to be named as an elector on the list in respect *"'* '^ of which the application is made. (3.) The Judo'e shall on such application, reeiuire (Form Jiuicro ,„a.v re- ^ '' " ^^ ' I ^ quire Clerk or 22) the Clerk of the Municipality, and any other person he »*''«'• v^^^'p^' |" sees fit, to appear before him and produce the assessment ","'i||!,'j[;^,"*gj"' roll, and any documents relating thereto, or to the list in respect to which the application is made, and to submit to such examination <>n oath as may be required of him or them, and the Judge shall thereupon make such orders 'ind give such directions as he may deem necessary or proi)e)" for the purjmses aforesaid. (4. ) The Clerk of the Municipality sliali be personally Liai.iiitv of '•IIP 1111 n'l T Cleik for eosti. liable tor and shall pay the costs ot the proceedings, un- less on some special grounds the Judge shall see fit to order otherwise, and in such special case the costs shall be in the discretion of the Judge ; 32 V., c. 21, .s. 7, (8.) (5.) Such proceedings and such order of the Judge shall •'"I'lfe'* <'r«ier _ _ *" ^ not to release not in anywise exonerate or release the clerk from '^j'^J*^ ''■°'" ''^"" liability to the penalty hereinafter imposed. 82 V., e. 21, s. 7(9). 25. If any Clerk of a Municipality omits, nealects or ivi,ait> on l- -^ > o L'lerk for neg- r.'fuses to complete the Voters' List, or to perforni any of '^'''^' ''''■• flic duties hereinbefore required of him for his munici- pality, such clerk, for each such omission, neglect or re- fusal, shall incur a penalty of two hundred dollars (a). (»0 L'niU'i- ;i aomewhat .similar provision in sec. 7() of tlif Kef'oi lu Act, KSH'i. in KnglaiKl. foi' wilful l)reach of duty, it has been held that the motive if w ilfiil neetl iiot he coirupt, Ftiii- V. M< ^^' ^"Y ^'thei' pei'soii wilfully makes any altei'ation, omission or insertion, or in any way wilfully falsifies any such certified list or copy, or permits the same to he done, every such person shall incur a penalty of two thousand dollars. coi,,unibic 27. No per.son shall make, execute, acceiit or hecome a iriiiisfer of pro- ' peitj In order party to any lease, deed or other instrument or become a party to any verbal arrangement, whereby a colorable in- terest in any land, house or tenement is conferred, in order to qualify any peison to vote at an election ; and any person violating the provisions of this section, besides being liable t(j any other j)enalty prescribed iii that be- half, shall incur a penalty of one hundred dollars, and any person who induces, or attempts to induce another to com- mit an offence under-this section, shall incur a like pen- alty (b). 37 v., c. 4, s. 14. ■ (l>) The " splitting " of votes or creation of "faggot voters," and the offence of " occasionality," as it is sometimes called, are struck at by this section, Tln: Knglisli Acts 7 and 8 Will. III.,, c 2.1, 10 Anne, c i.S, and .">.S (Jeo. III., c. 40, deal with the same subject. The first of these provides that all conveyances made to multiply voicesorto split or
  • ./ I persons claim- son should be assessed, as ownei' or occupant of any par- g^lgea.''^ *"' eel of land, or as possessing* the income which may entitle him to vote in the municipality at an election, and the assessor has reason to suspect that the person so clainung, or for whom the claim is made, has not a just right to be so assessed, it shall be the hall, upon conviction thereof before a court of com[)etent jurisdiction, be liable to a fine not exceeding two hundred dollars, and to imprisonment until the fine be paid, or to >m;-.s\. Mohhuliji, 'IV. 1{. 'iO.S ; I") L. .). ('. I". I.">4. Tlie fnuululent conveyance is l)ail <)nly to tlie extent ot avoiding tlie vote, and operates to pass a legal interest from tlie grantor to tlie grantee, I'hill/w/ts v. /'/litf/iotls, \{) C. 15. 85 ; '20 L. J. ('. I'. 1 1. (f) lint " wlien an a.sses.sor lius rea.soniUde notice, liefore he returns his roll, tliata e jonsidereil when tlie assessor tails to do this, that he has wrongfully lefused to insert the i^n^per naiiu! on the roll," per Richards, C. J., in /iV MvCiilloinjh I'liil ffii' Jiitltic of Li-effn and (h-tin-illi, :\^ U. C. (}. B. 4.V2;8ce also Fair v. MHi'os/h'i/, 7 ('. it 1'. -M): and Khiu v. fhirnH, 12 A. & Fv 4(50. HI THE ONTAUIU PROVINOIAT- FJIAN'CHISK. iiupiisonuient in the commou gaol of the county <>r city, tor a period not exceeding six months, or to both sucli fine or imprisonment, in tlie discretion of the court (dj. 7 v., c. 4, s. 13. ciciksof the 3|. Tlie Clerk of the Peace and the Clerk of any Muni- I'eace and "f , , MuMicipaiities cipality havHig the custody of the list of voters of an\ to furnish co- i .' => ./ j r'ovUVvuter'^^ municipality or part of any municipality or place, shall '""■ furnish a certified copy of such list, then last revised and corrected, or of any of the parts thereof, to any person who may require such copy or part, on being paid for tht- same by such person at the rate of four cents for eveiv ten voters whose names are on such list oi- part ; the said (jfiicers may furnish printed copies foreach of wiiich the} shall be entitled to receive six cents instead of the fee aforesaid ; and the ofiiccrs shall verify any alterations made therein, by writing their initials in close proximity thereto If the alterations or interlineations exceed one hundred, it shall be the duty of the said officers to furnish written copies (e). Kies to Clerk of (2.) For eacli copy of the voters' list or of any of the IViice for copy , " . -. , ot voters' lists. i)arts thereof furnished to the Returning Othcer, accordino- ;''u4\V'''8 m to Form 8 in Schedule A to " The Election Act'' or ac- cording to Schedule C to " The Municipal Act'' the Clerk of the Peace furnishing the same shall bt; (entitled to re- ceive the sum of six cents for eveiy ten voters whose names are on such list or part as the case urn}' be. H.,ai.io{e(mnt.v 32. Thc Boai'd of County Judges may, if re(|uested so iimkeni'ies^ to do by the Lieutonant-Covemor, frame rules and forms of procedure for the purpose of better carrying this Act into efi'ect ; and such rules and forms shall, after being ( il ) Set; note to last sertion also I'ufntd v. Sniitir, 23 U. ('. ('. W 'AM, ami luter- pi'.'Utioii Act, Rev. Stits. c I. s, 8, subs. "JH. )') .See also 41 \ic. «. "Jl. s. 10. />o>/. -^!r ■m THF. oNTAUIn I'HOVIXfrAL FHAN("H1SK. 14') approved of Ijy the Lieutenaiit-CJoveinor in Council, have the same effect and force as if they formed part of tliis Xct(f). ' ' ' 33. The words Householder ((j)(ii), Freeholder (F), and wonu "Houso- _, . , ,11 J. X holder", etc., Tenant (T), appearm^ on the assessment roll pursuant to onroii, howt.. the Assessment Act, shall, for the purposes of this Act. Hst. be held to also mean, respectively. Occupant (/<) (Oc), Ow^ner (O), or Tenant (T), and shall be so entered in the voters' list by the Clerk of the Municipality. 34. In carrying into effect the provisions of this Act, For„,g .^^y^.^ ;„ the forms set forth in the schedule hereto may be used, used. '' and the same or forms to the like effect shall be deemed sufficient for the purpo.ses mentioned in the said Schedule (l). (/) No such Rules or Koiiiis liuve been fraiiied. (ij ) " Houatltoliler." See s. 2, subs. 8 of the Fran, and llep. Act I8S5 and notes. (lute. There is a ditferenee l)etween the Iiouseholder asj defined, in tiiat subsection, and as defined in s. 87 of tlie Con. Mun. Act, 1883. (A) *' Occupant.'' — ^See s. 2, subs. 2 of the Fran, and Rep. Act 1885, and note, aiilt. (/) The forms in the scliedulc iiavc been altered in accoi-dance witli tlie various amendments. liy sec. 11 of The Voters" Lists Amendment Act, 1885, certain temporary provisions are made, pending the coming into force of tlic rest of the Act, whose provisions are Mubodied in tlie Voters' Lists Act as here given, and come into force on Ist.lanuary, I S8() " except as to any assessment roll or assessment taken or made subseiiuent to the first day of July next after the passing thereof, under tlie special provisions of section 44 of T/n .ls->(f.s'.s»i('//^ Art ; and with respect t<> any such last mentioneil assess- ment roll or assessment, and any list of voters based tliereon, this Act sliall fnr all purposes, and as regards all nuitters, liabilities, duties, and proceedings tlicrein |)rovided for, be deemed to come into force, and have ett'ect on and aftei~said first day of July." . ■ r ii() THK ONTAI{[n I'KOVIN' lAL FUANCHISK. h'URMS UNDER VOTKllS' LISTS ACT. Form I. (Sfe. ate, J of Vatir"' /Jxts .Ic' ini I etc. etc. etc. etc. Part II.' — Persons entitled to vote at Municipal Elections O.nlv, No. on Roll. Namk. 4 jArchei', Heniy. . . 82 ! Burke, Mary,". . . . Lot. 4 W. .', 17 Con. or Street. 3 4 i Post Ottice I Address. Conuty J Kilijf Whloir 2 4 Part IIL — Persons entitled to vote at Elections for the Legislative Assembly ONLY. No on Roll. Namk. Lot. Con. or Street. Post Office Address. 43 8 Ackroyd, James . . N A 3 Amos, Josepli 3 Bcatty, John .' Cnmcroti, Afcx'r . 5 etc. 4 Hoiimholdir 7 Wo ijc -earner Inrome 8 I Lonil/iuMer'n Son . etc. : etc. 3 3 etc. Polling subdivision, No. 2 — comprising, etc. (giving the limits), etc. , etc. , etc. 1 THK ONTAIUO PROVINCIAL FUANCHISK. 14 NoTK. Ill iiliovtj Kiinu (which is a form of a toMiiship liHt), Hiin-ij AiuhrnoH is x\ perwjii t|Ualitioil in rfspoct of iiioiu than oiio hit or piucel in tiie saiiio subdivision or 111 (litf'cri'nt Hul)(ii\ isions (s. 'J, Hiibs, 7 and 8). His nanu! should not appear again for ,iiiy otiicr sulidivision (s 'i, sulis. S). 'i'he " .) " signilies that \w is (|uali(ied to ait as a juror (st-o note to s. "2, siihs. 1 1, tmli ). Jdniif Archer must lio on tlie assessment roll for at least .*4(K) incoiiie, to appear on tiiis part of list. Sinwii lirairii must 1(2 u KarnuM-'s son, /.'. , the son of i\,n •oirmr of a farm of at least •JO acres ami worth at least .*'20O if iiis father he living, and he he tiie only son, #300 if there he anotlier older son; ^100 if father dead and mother a widow and owner and no oMer sou, etc. Siiinnel /Sinioii'K qualification lies partly within subdivision No. 1 and partly within •^ulidivision No. 2. Joiiif's Arkroyd lives in a " liave tlie said errors oor- reoted accordiiij^ to Law. Dated, etc, A. B. , Cln'^o/f/ic Miini'i/in/ify. FoKM 4. {Section S, ■•^iilin. .,',) VOTEK's NOTIOK OI' COMIM.AINT on (JKOI'NI) ok lilS(.iIAI,IKI. ation. To the Clerk of the Municipality of the Town "> of I, AiKjiM Bell, a voter (or " a person entitled to he a votei' ") in the said Munici- pality (or " for the Electoral District in which the Municipality is situated "), com- plain that the name of .J oh ti, I nek, is wiongly* entered in the N'oters' List for the Muni- cipality, ho heing a person dls(iualitiel(tiiit in made, (tml the firnitiid o/' rom/i/nint touch- ill;/ <.(ti'h /ii'i-Koii irnprrtirc/i/ — or net forth in /intn cixfo/kiirM, rari/iiKj arcontiinj to rirciim- .itniirt.'<), that the several persons whose naim-s are set forth in the suhjoined list No. I are entitletl to he voters in the said Municipality, as shown in said list, but arc wrontifnily omitted from the N'oteis' List ; Tliat the several persons wiiose names are niontioiud in the first column of tiie sulijoined list Xo. 2 are wrongly statetl in the said Voters' List, as sliown in said list No. 2 : That the several iiersons wliose names are set forth in the tirst column of tlie suhjoiued list No. .S are wrongfully inserted in the said X'oters' st, as shown in said list No. ,S : — And that there are errors in the deseripi-ion of th^ property in resj)ect to which the names respectively are entered on the \'oters' List {or sffttiinj oth(r error a), as s^hown in the auhjoined list No. 4 : — And take notice, tlnit I intend to apply to the .Judge in respect thereof, pursuant to the Statute in that behalf. Dated the day of 18 Jame.s Smith, Residence — Township of Behy, Lists of Complai itts wentioned in the above/ Notice of Complaint. List No. 1. {itkewiny voters w romjf idly omilltd from the Votirt*' Lint.) NAMES OK PEK.SON.S. GROUNDS ON WIIICJI THEY ARE ENTITLED TO BE ON THE voters' M.ST. James Tupper I Tenant to John Fraser, of N. ^ lot 1, 2nd Con. Simon Heauclerk. . . | Owner in fee of N. W. \ lot 0, in 8th Con. Angus Blain j Assessed too low — property worth $ plitin said ent the op that ad of VN. List No. 2 (xhewing votern u'roufjly named in Votern' List.) NAMES OF PERSONS. Josliua Townsend . •Jolin McBean S. Connell. , POLLINO SUB- DIVISION. 2 4 3 PART OK LI.ST. THK EKKOKS IN STATEMENT UPON voters' LI.ST. 1 1 2 Should be JoKt-ph Townsend. Should be John McBean the ?yo«Hf/e?', Should be Simon 0"Connell. &c., &u. I List No. 3. {shewitifi pamoiM wron^'uUy in^nied in Votern^ List.) NAMES OF PERSONS. Peter White. . . John May. . . . David Walters POLLING SUB- DIVISION. 4 3 2 part ok statement why wrongfully in- list. 1 SERTED IN VOTERS' LI.ST. 1 2 2 Died before final revision of roll. Tenancy expired — left the country. Assessed too high— property worth under $ &c., &c. ir)(). THK ONTARIO PROVINCIAL FI{AN(!HISP:. List No. 4. (s/ii'triinj rotfrs irhose property in ni'oneously tlexcrihi'tl in Votirs IJul, :AMES ok I'ER.hONS. I'OLLINC sin- I'AIiT UK KKKORS IN KK.SIKCT TO I'HOl'EKTV OR rHVISION. IJST. OTIIERWISK STATED. Stephen Wiishlmrn. Thomas (Jordon. Ronald Blue. 2 Name shonM ))e in Subdivision No. '.^ 1 li'ropeity should he \V. .UotT, in Con. .S. 2 Should he described as owner, not tenant. Form 7. (Section U. H li ! t I ! . / . CLERK .S REI'ORT I.\ CASE OK Al'l'EALS AND COM IM.AI.NTS TO THE IIIMJK. To His Honour the .Judge of the ('ounty Court of the ( 'ounty of The Clerk of the Municipality of states and rci)oits that the several per- sons mentioned in column 1 of the Schedule below, and no others, liave each giv»!n to him (or "left for him at his residence or place of abode," ax the fact may ) written notice complaining of errors or omissions in the V'oteis' List for the said Municipality for 18 , on the grounds mentioned in colunm 2 of the said Schedule, and that such notices were received respectively at dates set down in colunm ',\ of the said Schedule. Dated, &c. A. B., Ckrk of the naid Mnnicipality. Schfilnle. 1. NAME OK COMPLAINANT.S. 3. EHROR.S OR OMISSIONS COM- DATE WHEN NOTICE OK COM- I'LAINKO OK. PLAINT RECEIVED BV CLERK. Form 8. (Section 9.) jniMJE'.S ORDKR APPOINTINO C«)l'KT KOR HEARINii COMPLAINTS AND APPEALS. To , Clerk of tlie Municipulity of tl\e Upon reading your Report and notitication respecting the Voters' List for the said Municipality for 18 , pursuant to tlie Statute in that behalf, I ap|)oint the of 18 , at the hour of at iw tin; said (bounty, tor holding a Court to hear and determine the several complaints of errors and omissions in the said Voters' List, of which due notice has been given. THE ONTARIO PROVINCIAL FRANCHISE. 151 You are constituted ("leik of tlie Court. You will advertise the holding of such Court, and j/ost up in your uffce or the place in wiiioh the Council hold their sittings a list of all complaints of errors and omissions ii: the said Voters' List ; and you will notify ail parties concerned according to law. Let the Assessor foi- the Municipality attend tiie sittings of tiiesaid Court, and let the original Assessment Roll of the Municipality for 18 , and the minutes of the Court of Revision for the Municipality for 18 , he produced hefore me or the iicting Judge, on the day aiul at tiie place above mentioned. Dated day of J8 . Jiiffi/i- Co. Court Co. of Form ». [Strtloti ;i.) Notice tm iik f'ostkk isv ci.krk in his hkku'e with ust (»f complaints. Notice is hereby given, that the Court will be held, pursuant to " 'J'ht Voter/i'' Luith J<'/,"' at , on the day of 18 , at o'clock, for the p\irpose of liearing all complaints made against the Voters' List for the Muni- cipality of tor 18 , particulars of which complaints are shown in the subjoined Scliedule. All persoi\s having business at the Court are hereby recjuired to attend at the said time and place. Dated, Ike. A. ii , Cli rk of lln- sfilil M liti'iripdlilif. Schedii/e N.VME OK PARTY COM- NAME OK' PERSON IN KESI'ECI l'LAININ(J. TO WHOM APPEAL WAS MADE. (iROlJNDS OK COMPLAINT ALLEGED. said ding the KORM 10. {Sertioii !>. ) clerk's advertisk.mknt ok court in newspaper. Notioe is iiereby given that a Court will be held, pursuant to " The Voters^ LktK An,"' by His [lonour the .Judge of the County (Vmrt of the County of , at , on the day of 18 , at o'clock, to iiear and deter- mine the several complaints of errors and omissions in the Voters' List of the Muni- cipality of for 18 All persons haviu,; busine-'s at the Couit are retjuired to attend at the said time and place. Dated, &c. A. IJ., CUi'k of the xniil MninctpnlUy. 152 THE ONTARIO PROVINCIAL FRANCHISE. I Form 11. {Section ',).) CLEKK's NOTICK TO I'AKTV CCMPLAIMNO. The Voters Us/ Act. You are hereby notified that, pursuant to the Statute in that belialf, a Court for the Revision of the Voters' List, 18 , for the Municipality of , will lie held by the Judge (or acting .hidge) of tiic (.'ounty Court of tlie County of , at , on the day of ,18 , at o'clock, at which Court all complaints /' the Miuticipa/lt;/ of , ami roii>f , willJie held by the Judge (or acting Judge) of the County Court of tlii! County of , at , on the day of , 18 , at o'dnck, find you are re(iuired to appear at the said C'ourt, for that ha.s complainei|ON. I'ART OF riiOI'KKTV AS (iRKilNAF.I.V LIST. I I>K.S(KIIIK1) (IN LIST. I'ROl'KKTY AS ALTEKKD. 4. The following changes are made in tiie names of voteis incori'ectly nanieil : NAMEOKIKINALLY l>OrLIN(i jl'ART OK ON LIST. , SUBDIVI.SION. I LIST. I'ROI'KRTY. Witness my hand this (Uvy of A.I).. 18 . County Jiiilijf, County of Form 17. {Sei'tion I..'.) ('KRTiriCATK OK .IllMiK. I, . .Judge of the County (onrt of tiie County of , pursuant to the twelfth section of " 7'hi ]'o/d at .this day of . 18 Juihjf, 1 M r It. ilk T 150 THK ONTAIUO PROVINCIAI- B'KANCHISK. I ■ \ I is i I ( KOKM 18. {Si'Cfioil :.'().) '. ORDEK FOR r.WMENT OF COSTS. " T/h Vofcr.s' LiKtx Art."' In the matter of tlie Voters' List for the Municipality of . > '8 , and of the complaint and appeal to tlie Judge of the County Court of tlie County of , by A. H., complaining of the nanu^ of C. D. being wrongly inserteil in tiie said List (or, as f/ii- com' may hi, uta/iiKj in brief the iidliirc of the com/i/aint.) On proceedings taken l)efore me, pursuant to tiie said Act, I find and adjudge that tlie name of the saiKM 21. ii iSi'ifioH .'.'). \ Al'l'l.lt ATIDN It) rilKiK A(i.\lNS'r DKI.I M^KNT <;LEUK. H Pursuiuit to the twenty -toiirth section of " Thi' Voli-rx' l/mts Art" I, A. B., Clerk of the Peace for tlie County of , («/*. " a person entitled to l)e na ed i\n an elector on tiie Voters' List for tlie Municipality of , for 18 ,")hereliy in- form His Honour the .hnlge uf tlie County Court of the said County, that(\ D., Clerk of the Municipality of , intiie said County, has failed to perform the duties retpiired of him as sucii (leek hy tlie .saitl Act. in tliis, that lie the said C. 1». has not made out the Alpliahetical List of N'oters for \H , for the said Municipality, witiiin thirty days after the final revision' and correction of the As-scssnient Roll thereof («/•. '• has not delivered or transmitteil printed copies of the \ oters' List foi- tlie said Municipality, for 18 , to and and or to any of them '' oi\ ii-i Ihi ruti nni;/ he .■' IVr/N' L!s/s A'f." 11: : f In the matter of X'oters" fast for the Municipality of . in the County of . f(U- 18 Whereas it appears by the application of A B. , the Clerk of the Peace for the 8aie (C-) ; (4.) Th(! word "scrutiny' (rr;) shall mean any scrutiny of the votes polled at an election within the meaning of sections seventy-two and the nine next succeeding sec- tions of " The Controverted Election^ Act of Ontario " ; and "Clerk of the (5.) The words " Clerk of the P(!ace," shall mean the I'uace" ; "(Joun- tyJudtrc." (Jlerk of the Peace for, and the words " County Judge " shall mean the Judge of the County Coint for the CJounty or union of (^'ounties within which lies the municipality for or in i«!spect of which the voters' list is made. Certified votere' "^ Ever}' voters' list wliicli utider this Act,' or under liHt conelusive . , i i. i i u 'im \t l > T • i. k l » sections eleven and twelve oi 1 lie Voters Lists Act, or (l>) The first three expieHsioiiH will he foiiuil in Heetioii '2 of tlie Kleetion Act, as iiinended hy the Kraneliise and Repreyeiitiition Aot, IHSA, s. 2, (iiili , Imttiie expreMsion " I"'iiriner8" Son," luis diHappeared from tliat section, the fanners" .sons franchise having become merged in that of tiie " iandhohUjr's Mon« '" chiss. As to wliat are "(yorrupt Practices," see chapter tiiereon, /iokI. (r) 'I'iiese Acta are botii merged in Rev. Stilts., c. 9, anlf. (cr ) Wliere liy an election petition, the seat is claimed for the unsnceessfnl candi- date, alleging that he had a majority of the legal votes polled, a scrutiny of the votes is entered \ipoii. Tiie enfjuiry into each vote is a separate case. The trouble and expense entailed by this system no doubt largely influenced the Legislature in passing this Act and thereby greatly narrowing the scope of the scrutiny. "1 THK ONTAIIKJ 1'|{()VIN<'IAI. KKA^K IKSK. 1(11 iindcir sections six or oi^jlit of " Tlic Vot(!rs' fiists Act of 1870," was dmin;,' the twtdvc- nioiitlis iioxt prior to tlic passirii^ hcroof, or is hereafter certified l)y the (yoiliity .Fiid<^e, shall, upon any scrutiny, he final and conclusive evidence of the right of a,ll |)(!rsons named therein to vote at any eh'ction at wliich such list was or could have heun legally used {d); except — (1.) P(>rsons guilty of corrupt practices (e) at or in re- Kxc.ii.tirMiH. ('/) Tlic laat named Act iH cioiiHolidatcd in the Voters" LiatH Aet, Kt-v. Statn. cap. M, 88. 11 and I '2. By Sec. 7 of the English Ballot Aet, 1872, "at any election for a county or horough, a perHon hIuiII not be (entitled to vote unless hin name is on tlie rej^ister of voters for the time heing in force for such county or hoi'ough, and «!very person whose name is on such register shall he entitleil to demand-und rceaive a hallot paper, and to vote: I'rovided that nothing in this section shall entitle any piMson to vote who is prohi- hited from voting hy any statute, or l)y the common law of Parliament, oi- i«;lieve su(;h person from any penalties to wliicli he may he iiahie for voting. " 'lids section must he read with 8. 7!) of the Registration Act, 1S4.S, which provides that "the register (■(f voters shall he de«!me('. V. I). 'i.'Jl. See also /.>/ii I'. (!. (). B. 44!(, and ids pioceedinga are suhject to he reviewed by the Superior Court on a fer<«o/*oW, where he exceeds that jurisdic- tion Hiijiud V. u'fatn(>riftin.t/iir( , 12 .Mod. 40.'}, s. c. 1 Ld. Kay. .">80 ; (fri'iiri//e v. Co//' ■' rhi/s!ri A/. IMAGE EVALUATION TEST TARGET (MT-3) /, O . 1.0 I.I l^|2.8 IM M 1.8 11-25 11.4 IIIIII.6 % e /a % /: ^ j^ ^^. o / <^'. M V^l f^ Fr"i=^ mmmmammmmmK ^ S I? 162 THE ONTARIO PROVINCIAL FRANCHISK. spect of the election in question on such scrutiny, or since said list was certified (/) by the County Judge as afore- ' said. (2.) Persons who, at an}'' time subsequently to said list being certified by the County Judge as aforesaid, ai'e oi- have been non-resident either within the municipality to . which said list relates, or within the electoral district, for which the election is being held, and who by reason thereof are, under the provisions of " The Election Act of Ontario," incompetent and disentitled to vote (//). (3.) [This sub-section is repealed by sec. 5 of the Voters' Lists Amendment Act, 1885]. (4.) Persons who, under sections four, five and six (h) of " The Election Act of Ontario " are disqualified and in- competent to vote. [4, 5, 6, and 7, refer <-nly to lists based upon the Rolls of the year 1877, and are now of no importance]. 8, It shall hereafter be the duty of the County Judge jud-e to revise (i) so to arrange and proceed and so to fix the sittings of within two (/) ^^ Since fiait/ Uxt trux ci'rtlfifi;!." — If the offence were committed before the list is certified, it could be imjviired into and disposed of, on notice in the ordinary way, before tiie County Judge. See notes to sees. 1 1 and 31 of Dom. Fran. Act, cuili'. (;i) Under sec. 7 of the Election Act, as amended by sec. ',i of the Franchise and Representation Act, 188"), (see uiitv) residents of tlie Electoral District are alone en- titled to vote. Those (jualifying in respect of real property as owners, tenants oi' occupants must be residents of llie electoral district at the time of the final revision and correction of the assessment roll (subs. Firatly) ; those in resiiect of income or wages, or as householders must have resided continuov.sly since the completion of the last revised assessment roll in the mttiiicifHiUfy (subs. Secondly, Thirdly and Fonrthly) ,• those as landholder's sons must liave resided with their parents in the ininucipalily for twelve months next prior to tiie leturn by the assessors of the assessment roll (subs. Fifthly) -iwvX all nmst be so resident at the time of the election also. (h} Tiiese sections are given with the Fran, and Rep. Act 1885, nnte. (i) " The du/yof the County J iidji'.^' — The section i.s directory and not imperative. It shall be tlie duty of the .Juilge to iiave the lists completed within the two months of the last day for complaints, l)ut if he do not do so, the lists when completed will ym THE ONTARIO PROVINCIAL FRANCHISE. 163 the Court for the heaiintj of complaints against or in re- months of last ' ° _ day for com- spect of any Voters' List, tliat such complaints shall be ?•«•"'• heard and determined, and said list finally levised, cor- rected and certified under "The Voters' Lists Act," within two months of the last day for making such complaints : Provided always, that nothing in this section contained, shall apply to any Voters' List specially provided for by the provisions of sections four, five and six of this Act. 9. To remove doubts it is hereby declared .that any Asseesment ana Farmer's Son entitled as such to be assessed or to have Farmer's son his name so entered in the Assessment Roll of any muni- cipality, shall be so assessed and shall have his name so entered without any request in that behalf, unless he in- forms or notifies the assessor to the contraiy ; and any person entitled to be entered in such Assessment Roll or in the Voters' List based thereon, or to vote or to be a voter in the electoral district in which said municipality is situate, shall, in order to have the name of such Farmer's Son entered and inserted in such Assessment Roll, oi' List of Voters, as the case may be, have for all purposes the same light to apply, complain or appeal to any Court or to any Judge in that behalf, as such Farmer's Son would or can, have personally, unless it is made to appear to the Court or Judge that such Farmer's Son actually dissents therefrom ; and tlie Act passed in the fortieth year of the reign of Her Majesty, chaptered nine, and intituled " An Act to give the right of voting he no less valid by reason of the delay. "There are abundant authorities to show, without the aid of this declaration that tiie naming of a tijue for the performance of a duty by a public officer within a certain time is to be consitlered us dire(?tory t)nly to the officer, and not as a limitation of his autiiority," per Burton, J. A., in Ri' Lincoln Election, 2 Ont. A. R. 351 ; see Hex v. Lnxdale, 1 Burr. 445 ; Hvx v. Spar- roio, 2 Strange 1,123 ; Hex v. Inhabitants^ of Rnffoid, 1 Strange 512 : liix v. .Iiixtins of Leicester, 7 B. & C. 6, s. o. I). & Ry. 772 ; Pearce v. Morrice, 2 A. & K. 9(5. All • Ir m i ■ i ;i ■ . n r 164 THE ONTARIO PROVINCIAL I'RANCHISE. ! i I I t l!i ; Inspection and copies of docu- 'menta. Duty of Clerk. County Judge may obtain opinion from Court of ApiJcal or Judge thereof Lieut. -Govern or may obtain opinion. to Fanners' Sons in certain cases," shall be read and con- strued as if this section had been included therein at the time of the passing thereof (^"). 10. Any voter, and any person entitled to be a voter ; and any agent of such voter or person, shall have liberty at all reasonable times and under reasonable restrictions, to inspect and take copies of or extracts from assessment rolls, notices, complaints, applications and other papers and proceedings necessary or of use for the carrying out of the provisions of " The Assessment Act," " The Voters' List Act," and this Act ; and the Clerk ot the Municipality is to afford for the said purposes all reasonable facilities which may be consistent with the safety of the said documents, and the equal rights and interests of all per- sons concerned, and shall in regard to the matters afore- said be subject to the directions and summary jurisdiction of the County Judge (jj). 11. In order to facilitate uniformity of decision without the delay or expense of appeals : (1.) Any County Judge may state a case on any general question arising or likely to arise, or expected to arise under " The Voters' List Act," or this Act, and may transmit the same to the Lieutenant-Governor in Council, who thereupon shall immediately refer the said case to the Court of Appeal or a Judge thereof for the opinion of such Court or Judge thereupon ; or (2.) The Lieutenant-Governor in Council may refer a case on any such general question to said Court of Appeal or a Judge thereof, for a like opinion. (jJ See sec. 6 of the Voters' Lists Am. Act 1885, which will he found in note to subs. 5 of 8. 8 of the Voters' Lists Act, ante. (jj) For fees payable for copies of list supplied by Clevk, sec sec. 31 of the V^oters' Lists Act, (inte. THE ONTARIO PROVINCIAL FRANCHISE. 166 Y3.) Iminediatelv upon the receipt of such case it shall Duty of court ' . " . . or Judge. be the duty of such Court or Judge to appoint a time and place for hearing arguments (if any be offered; upon -the points and matter involved in such cast^, of which time and place written notice shall be given by the Clerk of said Court, posting up a copy of such notice in the office of each one of the Superior Courts at Osgoode Hall in Toronto, at least ten clear days before the time ap- pointed as aforesaid. (4.) At the time and jilaced fixed therefor as aforesaid. Argument such Court or Judge shall hear argument upon the case by such and so many of the Counsel present (if any) as such Court or Judge ma}' deem reasonable, and shall therepon consider the said case and certify to the Lieu- tenant-Governor in Council the opinion of the Court or Judge thereon ; and such opinion shall thereupon be forthwith published in the Ontario Gazette, and a copy opinion, pub- thereof sent to the Judge of each County Court. (5.) The said Court of Appeal or a Judge thereof, may Discretionary also give an opinion on any such question at the instance courtor Judge ° ' ^ J ^ to voter. of any voter or voters, or person or persons entitled to to be voters, if said Courtor Judge sees fit ; and the pro- ceedings with respect thereto shall be, as nearly as may Proceedings, be, the'.same as upon a case referi'ed as aforesaid, but, in addition, such Court or Judge may require a deposit of money to cover the costs of hearing the question argued by Counsel, and may require such notice of the proceed- ings or any of them to be given to such person or persons as the Court or Judge may direct (k). (k) Ag the above section does not confer the necessary authority to render the de- cisions thereunder binding upon anybody, the provisions of the subsections have been of little or no practical utility. Opinions, not judtjmeTUs, are, it will be ob- served, to be given in every case. i ■!!•;. J I r Mi, if f il V y I I 166 Clerk to give copies of list to Keturiiiiig Offl- uer. Production and custody of bal- lot papers on a recount. Fraudulent in- sertion or omis- sion, etc., on, or dealinif with the roll. Penalty. THE ONTARIO PR(WINCIAL FRAxVCHISE. 12. The Clerk of the Peace or the Clerk of the Muni- cipality who has the custody of a Voters' List, shall furnish copies thereof to the Returning Officer in four days after a written application thereof has been delivered to him personally or left for him at his proper office (I). 13.. In case of a recount of votes or ballot papers under section one hundred and seventeen and the five next succeeding sections of " The Election Act of Ontario," the Returning Officer shall, on a written notice from the Judge, produce the ballet papers at the time and place appointed for the recount, and the same shall continue in the custody of the Returning Officer ; and he shall con- tinue to be responsible therefor, 'subject to any directions which the Judge may give in respect of the said ballot papers (m). 14. Any person who wilfully or improperly inserts or procures or cau.ses the insertion of any name in the assessment roll, or assesses or procures or causes the assessment of any person ai too high an amount, with intent in either or any such case to give to any person not entitled thereto, an apparent right to vote at any election ; or who wilfully inserts or procures or causes the insertion of any fictitious name in the roll, or who wilfully and improperly omits, or procures or causes the omission of any name from the assessment roll, or assesses or procures or causes the assessment of any person at too low an amount, with intent in either case to deprive any person of his right to vote, shall, upon conviction thereof before a Court of competent jurisdiction, be liable to a fine not exceeding two hundred dollars, and to imprison- " (I) For fees payable to the Clerk of the Peace foi such copies, see sec. .31 , subs. 2 of the Voters' Lists Act, ante, (m) This section is supplementary to the provisions of the P]lection Act referred to. / ;i THE ONTARIO PROVINCIAL FRANCHISE. 167 ment until the fine is paid, or to imprisonment in the common gaol of the county or city for a period not ex- ceeding six months, or to both fine or imprisonment^ in the discretion of the Court (n). 15. Where it is provided bv any by-law or contract cierk's remu- ' neration. under which the Clerk of any Municipality is appointed or employed, that the sura to be paid him by way of salary as such Clerk is intended expressly or impliedly to include payment for all duties which, as such clerk and under " The Voters' Lists Act" ai'e to be performed by him, either- in the preparation, publication and distribu- tion of the list of voters under said Act, or before, upon or after the lodging with him of any complaint or appeal under said Act, or for any other act or work of whatso- ever nature or kind i-eqiiired by the said Act to be done by him ; then such clerk shall not, in respect of such duties or work, be entitled to or be allowed by the County Judge, nor shall there be taxed to him, any fee, payment, cost or charge wliatsoever; but when it is not intended by such by-law or contract to provide for the perform- ance of such above-mentioned duties, and work, then such clerk shall be entitled in respect thereof to the following but to no other fee or compensation, that is to say: (1.) Two cents for the name of eacl» person entered in the list of complaints and in respect to whom appeal was made. . (2.) Two cents for each such name entered in any necessary copy of said list of complaints. (3.) Eight cents for each necessary notice to any party complaining or complained against. 'ijil fnj See also sec. 30 of The Voters' Lists Act, ante. As to form of action or pro- ceeding to recover, the penalties prescribed, and the disposition thereof when re- covered, see Interpretation Act, Rev. Stats, cap. 1, sec. 8, snbs. 29. , ; it.. il' • 1 '\ ^ i ' ii 1 '1 1 i i ! 1 ^ , -1 168 THE ONTARIO PROVINCIAL FRANCHISK. (4.) Three dollars for each day's attendance on the sittings of the Court for the revision of the Voters* List. (5.) A.nd to the actual and leasonable disbursements (if any) necessarily incurred by iiim in serving the notices of complaint or appeal, when served by himself (o). Constable's fees 16. The person actiiig as constable at the sittings of the Court foi' the revision of any Voters' Lists, shall as such constable be entitled to the following, but no other fees or compensation ; that is to say : (L) The sum of one dollar and fifty cents for each day's attendance as such constable ; (2.) For the service of any process or notice including the service, the receipt and the return tliereof, and all *• other services connected therewith when allowed by the Judge, a sum not exceeding ten cents f»er mile, one way for each mile actually and necessarily travelled to effect such service. B> whom and I?. The Compensation fixed by the two preceding see- on what the Clerk and Con- tions shall be paid to the said clerk and constable respec- stable shall be ^ '■ ?»'''■ tively by the municipality, the list for which is the subject of investigation ; and the amount of such com- pensation as certified by the Judge shall be so paid by the Treasurer of the said Municipality upon the produc- tion and deposit with him of the Judge's certificate. (oj This section is given as amended by "The Voters' Lists Amendment Act, 1879," 8. 6. Kr I . m 4 -l-t THE QUEBEC PROVINCIAL FRANCHISE. 38 Vic, cap. VJI. (a). [A ssented to ^o'rd Februanj, 1875] Her Majesty, by and witli the advice and consent of the Legislature of Quebec, enacts as follows : PRELIMINARY. 1. This Act shall be known and may be referred to Title. and cited as : " The Quebec Election Act." It shall apply to every election of a member of the Application, legislative assembly, whether the same be held at the time of a general election or to fill a vacanc}'. 2. In interpreting this Act, unless it be otherwise pro- interpretation, vided, or unless there be in the context of its provisions something which indicates a different sense or requires another interpretation : 1. The word : " municipality " means every munici- Municipality. pality of a pari.sh or part of a parish, of a township or part of a township, of united townships, of a village, of a town, existing under the operation of the municipal code, and every town or city municipality, incorporated by charter or special Act ; 2. The word : "secretary-treasurer" includes the clerk secreury- '' ^ ^ trea-surer. of every town o ^^y municipality ; (a) Only those portions of the Act which relate to the Franchise, are here given. - (i69) |i:l' T^ 170 Owner. ^F Occupant. Teniviit. KeKistrar. Voting sub- division. THE QUEBEC PHOVINCIAL FHANCHISE. 3. Tlie wojd : "owner" .signifies any one who pos- sesses real estati; or whose wife possesses i-eal estate whether as owner or usufructuary. Whenever one per- son has the mere ownership of leal estate, and another has the enjoytnent and usufruct thereof to his own use and benefit, the person wlio has the rneie ownership of such real estate shall not be entitled to vote as owner thereof, and the usufructuary;, shall in such case alone have the right to vote, by reason of .such real estate ; 4. (A s amended by 39 Vict, cap. L^i, s. 1). The word : " occupant," signifies the person who occupies inniiovable proj)erty, otherwise than as owner, tenant or usufruc- tuaiy, either in his own right or in the right of his wife, and who derives the revenue therefrom. '). The word : "tenant" means as well the person who pays rent in money, as the pej-son who is obliged to give to the owner a certain part of the revenues and profits of the real estate which he occupies; and such tenant must be tenant feu et lieu, save in case of theler,see of a shop, workshop or office ; " 6. The word : " registrar " means the registrar of the registiation divi.sion, which comprises within its limits the electoral district in which the election is held. It also means the registrar of the registration division, comprised within the limits of such electoral district, or the limits w^hereof are the .same as those of the electoral district ; 7. The term: " voting subdivision " means, for voting purposes, every munici|mlity whereof the number of parliamentary electors entered on the list in force does not exceed three hundred : (1) (1) See, nevertheless, sections 59 and 60 of the present law as amended by 39 V., c. 13, s. 8, which fix tlie number of two hundred electors to form a voting sub- division. I I THE QUEBEC PROVINCIAL FRANCHISE. 171 8. The words : " to vote " mean to vote at the election '^" ^"**- of a member of the legislative assembly of this province ; 9. The expression: " electoral district" means any f^',®^*""''^ county or other place or portion of this province, entitled , to return a member of the le^iislative assembly ; 10. The term: "election officer" means the >"t;turning ^{g^'^^'" officer, the election clerk, and all deputy letuining officers and poll-clerks, appointed for an election ; 11. The term: "personal ex[>enses " emjjloyed in E^p^^g^^Jg relation to the expenditure of a candidate, respecting any election in which he is candidate, means all the reasonable travelling expenses of such candidate, and his reasonable expenses at hotels and other places to which he nia}' repaii', for the purposes of and in regard of such election. -. 3. Any form indicated by a capital lettoi- in the vari- ^"otms. ous provisions of this Act, refers to the corresponding form contained in the schedule annexed to this Act. Any of the forms contained in such schedule is suffi- cient in the case for which it is intended. Any other form having the same meaning, may be employed with equal effect. 4. Any reference to one or more sections indicated in Referenw. the provisions of this Act, without mention of the Act or statute (;f which such sections form part, is a reference to the sections of this Act. 5. If the time fixed by this Act for the accomplish- Deia.v. ment of any proceeding or formality, prescribed by the provisions theieof, expires or falls upon a Sunday or legal Holiday, the time so fixed shall be continued to the first day following, not a Sunday or holiday. 6. Every person befoie whom any oath must be taken oath. or affirmation made, under the terms of this Act, is empowered, and shall be bound whenever the same is required of him, to administer such oath or affirmation, and to give a certificate thereof, without fee or reward. rUri'-F^ 111 172 THE QUEBEC FUOVINCIAL FRANCHISE. FIRST PART. ^ :i III lis. Entry on the list. ell ualitlcatioii i>f electors. PARLIAMENTARY (b) ELECTORS. I. — CONDITIONS REQUISITE TO BE AN ELECTOR. 7. No person shall bo entitled to vote at the election of a niemVjer ot" the les^islative assembly of this province, unless, at the time of votinLj, he bo an elector entered as owner, tenai or occupant, upon the list of electors in foice. 8. No |)erson shall be entered upon the list of electors urdess he fulHls the followino- conditions : 1. H«' must be of the male sex, of full age, and a subject of Her Majesty by birth or naturalization ; 2. Ho must not be otherwise legally incapacitated ; 3. He must be actuallv and in good faith owner or occupant of real estate, estimated according to the valu- ation roll in force, as revised, if it has been revised, even for local purposes only, at ;• sum of at least three hundred dollars in real value, in any city municipality entitled to return one or more members of the legislative- assembly, and two hundred dollars in real value, or twenty dollars in annual value, in any other munici- pality, or Be a tenant in good faith, paying an annual rent for real estate, of at least thirty dollars in any city munici- pality entitled to return one or more members of the legislative assembly, and of at least twenty dollars in any other municipality ; provided that such real estate (6) The word, "parliamentary," wherever used in the A i. 38 .Victoria, chapter seven, intituled : "An Act respecting the election of members of the Legislative Assembly of the I'rovince of Quebec," shall be held and construed to mean and apply to the election of members of the Legislative Assembly of Quebec only. — 40 Victoria, cap. 27, sac. 1. • • . . - . , • 51 ■ i THE QUEBEC PROVINCIAL FRANCHISE. 173 be estimated according to such valuation roll, in real value at, at least three hundred dollars in any muiiici- -. pality entitled to return one or more members of the legislative assembly, and two hundred dollars in any other munic-'^ality. 9. Whenever two or more persons are co-owners, Co-owners; to partners; cn- co-partners in the p»'operty or possession, co-tenants or tenants, and CO occupants of any real estate valued at an amount sufficient for the share of each to confer upon hiui the electoral suffiage, each of such persons shall be deemed to be an elector in conformity with this Act, and entered upon the list of electors. He whose share do"s not amount to the value required for the electoral suffrage shall not be so entered nor be an elector. The same rule applies to co-tenants, respecting the amount of rent which they pay. 10. Nevertheless, if the real estate is owned or occu- corporation. pied by a corporation, no cie of the members of the corporation shall be an elector nor entered upon the list of electors, by reason of such real estate. II. PERSONS WHO CAN NEITHER BE ELECTORS NOR VOTERS. 11. The following persons can, in no case, be electors, P«"cn8diB- ° ^ ' qualified to or vote : vote. 1. The judges of the court of Queen's Bench and of the superior court, the judge of the vice-admiralty court, the judges of the sessions, district magistrates, recorders ; 2. Officers of the customs, clerk of the Crown, clerks of the peace, registrars, sheriffs, deputy-sheriffs, deputy- clerks of the crown and the officers and men of the provincial or municipal police force; 3. Agents for the sale of crown lands, post-masters in cities and towns, and all officers employed in the collec- tion of any duties payable to Her Majesty, in the nature ^ ;. • I I ^ 174 THE QUEBEC PROVINCIAL FRANCHISE. of duties (»f excise, including collectors as well of federal EH of local revenue. If any of the persons sot foitli in this section, vote save in tlic case of section 205 (c) he shall incur a penalty of not more than five hundred nor less than one hundred dollars, or iin|>risonment not exceeding twelve months in default of payment, and his vote shall be null and of no efJect. r 1 '1; pi il i' III ; r ill i iHi in. LIST OF PARLIAMENTARY ELECTORS. 1. Preparation of the List. nme and mode. jg The secretary-treasurer of each rnunicipalit}' shall, between the fiist and fifteenth days of the month of March in each year, make in iluplicate a list, in alpha- l)etical order, of all persons wh(j, according to the valu- ation roll ,th('n in force in the municipality for local purj)oses, and as revised, if it has been revised even for local puiposes, appear to be electors by reason of the real estate possessed or occupied by th(>n), within the *- nicipality (d). \i. The secretary-treasurer, in drawing up the list of jtorw, .shall distinguish the persons who appear to be lalified as owners, fiom those vvhoapi)ear to be qualified < tenants or occupants, and shall specify the real estate tlnough which such persons are electors. . . 14. (As amended by -7.9 Vict., cap. 13, sec. 2.) The secietary-treasurer shall omit from the list of electors, every person who, under sections 11, 2G7 and 270 or any other legal provision whatsoever, is not then entitled to vv.'te (e). Distiiictior be made. Omisaions. (c) Sec. 205 provides for a casting vote by the Returning Officer. ' " (d) Amended as to Gaspe and Bonaventure. (p) S. 257 provides for disqualification of candidate for seven years, where corrupt practices committed by or with his actual knowledge and consent. S. 270 diH({uaIi fies for seven years any other person fomid guilty of a corrupt practice. \k^ m THK QUEBEC PROVINCIAL FHANCIIISE. 176 16. If any nmnicipality is .situatcrl partly in one [j^^^'^ "^^ ^^*'" electoral district and partly in anothei-, the secretary- treasurer sliall prepiue in the same nuinner, for each of such electoral districts, an alphahetical list of" the persons wlio are electors therein. 16. If the municipality is divided intt» votiny' sul»- i;>'*'»'o"o« the 1 .' O list. divisions under sections 59, GO or (jl, the secretary- treasurer sliall divide the list into as many parts as there are voting subdivisions in the municipality. Each sucii ])art, the title whereof shall be the name, number or description of the voting subdivision to which it relates, shall only contain the alj)habetical list of the electors of such voting subdivision. 17. If a person is an elector, in one atid the samn Name of eiec- _ *■ _ tois oiily en- nuinicipality from more than one paicel of real estate, tered. oi" from nioie than one title, his name shall nevertheless he enteied l)ui once on the list of electors of the muni- cipality. If the list is drawn up by subdivisions and one person is an elector in more than one subdivision, his name .shall be inserted in one subilivision only ; and if such person is an elector in the subdivision of his domicile, his name shall he entered on the list for such subdivision. 18. In the case of section 17, if a person is an elected' casc oi a purson 1 I 1 !• • 1 • 1 n 1 bcin(f elector in in more than one electoral district, his name shall be several electoral ilistrict^i. entered in the list of each electoral district, in which he is an elector, according to the rules laid down in the preceding section. • . " • 19. The secretaiy-treasurei- .shall certify the correct- Attestution. ness of the list of electors by him made, by the follow- ing oath, taken before a justice of the peace : " I (name of the .secretary-treasurer) swear that, to oath. the best of my knowledge and belief, the foregoing list of electors is correct, and that nothing has been inserted ■ '-i ill i:-l L m. ii' ^ • 176 THE QUEBEC PROVINCIAL FRANCHISE. Deposit of the list. Notice. Form. Clerii ad hoe. ' 5 :iil M i*'i i,i| Responsibility of the secretary treaNurer. therein or omitted therefrom, unduly or by fraud : So help me God." Each duplicate list must be attested separately under the foregoing oath. 20. One of the duplicates of the list so attested shall be kept in the office of the secretary-treasurer, at the disposal and for the information of all persons interested. 21. The secretary-treasurer, on the day upon which he shall take the oath required by the section before the last, shall give and ])ublish public notice, setting forth that the list of electors has been prepared according to law, and that a duplicate thereof has been lodged in his office, at the disposal and for the information of all per- sons interested. Such notice shall be given and published in the same manner as notices for municipal purposes in the munici- pality in which the list has been prepared, 22. The list of electors may be drawn up in accordance with form A. 23. If the secretary-treasurer has not made the alpha- betical list of electors, or has not given and published the notice required by section 21, in the first fifteen days of the month of March, then the judge of the superior court for the district, or in the event of the absence of the district judge, or of his inability to act, the district magistrate, on summary petition from the mayor, the registrar or other person entitled to be entered as an elector in the municipality, shall appoint a clerk ad hoc to prepare the alphabetical list of electors. 24. The secretary-treasurer shall be personally liable for the costs incurred on such petition, and for those incurred in drawing up the list by the clerk ad hoc, unless the judge or the district magistrate, for special reasons, deem it advisable to order otherwise, and in such case, the costs shall be left to their discretion. 'm I THE QUEBEC PROVINCIAL FRANCHISE. 177 The secretary-treasurer may however rhaw up and prepare the list, so long as the clerk ad hoc shall not have been apjiointed. 26. The clerk ad hoc shall proceed, within fifteen days outiesof the after notice of his appointment, to the prepaiation of the list of electors. He shall, for such purpose, become an officer of the municipal council, and shall have the same powers to exeicise, and the same duties to dis- charge, as the secretary-treasurer of the municipality, and shaU do so under the same penalties in the case of default or neglect on his part. 26. (As replaced by 39 Vict, cap. 13, sec. 3). The "uti^sof^ihe mayor and the ( "^licers of the council, in so far as the same are incumbent upon them, shall be bound to deliver to the clerk ad hoc, on his demand, tiie valuation roll which is to avail as the basis of the list of electors under a penalty not exceeding two hundi-ed dollars, or in default of payment, of imprisonment not to exceed six months. 2. Examination and putting into force of the list. 27. (As rei/laced by 39 Vict, cap. 13, sec. 4)- The list Examination. of electors may be examined and corrected by the council of the municipality, in t!ie thirty days next after the publication of the notice given under section 21, upon complaint in writing, to such effect under either of the two sections following and not otherwise. 28. Any person who deems himself aggrieved either coiiipiaint in by the insertion in, or omission of his name fiom the list, may, either by himself or through his agent, file a complaint in writing to such effect, within the fifteen » days next after the publication of the notice given under section 21. 29. {As replaced by 39 Vict, cap. 13, sec. o.) Any "«"'■ person believing that the name of any person entered on the list, should not have been so entered, owing to his i - ■■■'' If : ' w 178 THE QUEBEC PROVINCIAL FRANCHISE. 'i Jii M Notice il I Bxaininatioii and hearing. Decision. Fraudulent title. Correotioiis to be authenti- cated. not po.sse.ssing the qualitication.«! I'equired for an elector, or believing that the name of any other person, not entered thereon, should be so entered owing to his possessing the qualifications required, may file a com- plaint in writing to such effect, within the same delay of fifteen days. 30. The Council, before proceeding to any examina- tion or coirection of the list of electors, shall cause to be given through the secretary-treasurer, the clerk ad hoc, or any other person, public notice of the day and hour at whioh such examination shall begin. He shall also, previous to taking into consideration the complaints in writing filed in the office of the council, with respect to the list of electors, cause a special notice to be given to every person, the insertion or omission of whose name upon the list is demanded. The public notice and every special notice required by this section shall be of five days' duration ; and they shall further be given and published or served, in the same manner as notices for municipal purposes in the municipality within which the list has been prepared. 31. The council on proceeding to* the examination of the list shall take into consideration all the complaints in writing relating to the said list, and hear all persons interested. 32. The council by its decision on each complaint, may confirm or correct each of the duplicates of the list. 33. If, upon proof, the council is of opinion that a property has been leased, assigned or made over under an}'' title whatsoever, with the sole object of giving to a person the right of having his name entered on the list of electors, it shall strike the name of such person from the said list, upon complaint in writing being made to that effect. 34. Every insertion, erasure or correction whatsoever of the list, in virtue of the two preceding sections, shall be ■f THE QUEBEC PROVINCIAL FKANCHISE. 179 autlienticatdd by the initials or parapke of the presiding officer of the council. , 35. The list of electors shall coine into force at the '^'r'ti'nof tu list. expiration of the thirty da3''s following the notice given in virtue of section 21, as it then exists, and shall remain in force until the month of March next, and thereafter until a new list is made and put in force under the authority of this act. If there is an appeal to a judge of the su[)erior court or to a district magistrate, in districts in which there is no judge of the superior court, touching a portion of the list, such portion of the said list shall remain in force iKitwithstanding such appeal, until the tinal decision of the coiirt, before which the said petition in aj)i)eal is pending. * . • 36. Every list of electors so put inforce shall, during vaiu. of tia- the whole period in which it remains in force, be deemed the only true list of parliamentary electors, within the territorial division to which it relates, even although the . valuation roll which has served as the basis of such list bj defective or shall have been quashed or set aside; saving nevertheless any correction made'under section 44. 37- It shall be the duty of the secretary-treasurer, a;? certituat.- nf .,,.,., , . ,. . tlif set. treas. soon as tlie list oi electors has come into force, to insert at the end of such list, on the. duplicates thereof, the certificate set forth in form B. 38. One of the duplicates of the list of electors shall ^emu'n^tThe l)e kept in the archives of the municipality, and shall otheHft mil- there remain of recoid. The other duplicate shall be transmitted to the registrar of the registration division in which is situated the municipality, within eight days following the day upon which such list shall liave come into force, by the secre- taiy-treasurer or by the mayor, under a penalty of two hundred dollars, or of imprisonment of six mouths in . Al2 • ■ initted ti' tlie registrar. -! :; i:^i 1 t ► •^ ft': •ii I 1 . 1 lit; ■ .1 ii ISO THti QUEBEC PROVINCIAL FllANX'HISE. 1: 5 :; If a copy. Duplicate re- mains oi" record. (lofaiilt of pgyment, against each of them, in case of coiUravention of this ])rovision. Nevertheless the transmission of the duplicate of the said list to the registrar after the delay prescribed by this section, or the fact of the same not havin''' been transmitted, shall not hav'^ the eflecfc of invalidating such list. 30. If, in lieu of the duplicate required by the pre- ceding section, a certified copy of the list has been transmitted to the registrar, such copy shall be deemed to lie the duplicate re(juired, and shail nave the same efl'ect as if the duplicate has itself been transmitted. 40- All duplicates or copies of lists of electors trans- mitted to the registrar under the two preceding sections, shall be preserved by such officer, and shall remain of record in his office. The registrar, on receipt of the said duplicates or copies, shall enter upon each the date of the reception thereof. 3. Appeal to judge of the superior^ court or district magistrate. •il. {As replaced by 4^-44' Vict., cap. 15, sec. 1, and amended by 40 Vict., capi. 2, sec. 1.) Any elector of the 3S Vic., c. 7, sec. 41, as re- placed by 43-44 V. ' c. ir» .■^-i.aniendeii.' electoral divi-lon may appeal from any deci>ion of the council, conlnming, correcting or amending the list, to the judge of the superior court of the district within tif. teen days following such decision, by means of a petition in which are briefly set forth the reasons of appeal. Pr . ecdiiitjs The respondent may, in all such appeals, obtain a sus- security yiven. pension of the piocecdiugs until the appellant has given such security as may be considered necessaiy in the dis- cretion of the coiut or judge, or deposited in the hands of the clerk of the court, such sum as may be specitied l>y the court or judge for the i)ayment of the costs on such appeal. TIIK (,>UKIii;t' I'ROVIN'CIAI, I'HANM'mSK. 181 i2. (As replaced hy .>'9 Vict, cap. LJ, sec. ?.) If tlie '^»«'»- council has neglected or refused to take into eonsiileration within the time preseriV)ed; a C()in|jiaiiit duly tiled, any person may appeal to such ju.loe therefrom, in the man- ner and within the delay [trescribed in the preceding section. 13. A copy of the petition in appeal sliall be served ^^'■^' <'• upon the secretary-treasurer of the municipality, who shall immediately give s[)ecial notice thereof to the mayor, aiid public notice to the parties interested. -I:4. The iu»l■ 1 I I,; ';*: ui I f! i .' J 1 1 i i ;,: i8-:i Districts where there Is no re- »fiJent judge. Cawe of aUera- tion. Power of the , udge or magi- strate. ,"■• i; . Sec.-treas. to jr. 1 ■; 1! rocured the same. 56. (As replaced by J^O Vict., cap. .?7, wc. 1 ) Every Penalty, secretary-treasurer, who has refused or neglected to make the alphabetical list of electors, as required by this Act^ or who having male the list, has wilfully inserted therein or omitted therefrom, any name which s^hould not have been so inserted or omitted, shall incur a penalty not ex- ceeding five hundred dollars, or imprisonment not exceed- ing twelve months in default of payment. 57. {A.S replaced by Jfi Vict., cap. fi7, sec. ./.) Every idem, person having the custody of elector's lists and. whose duty it is to deliver copies thereof, who shall have made any insertion or omissiorj at in the preceding sections in the copies furnished by him, shall incur the penalty pre- scribed in the j)receding section. 58. Every list of electors made for any municipality, dm lists, and in force at the time of the coming into force of this Act, shall continue, even although the valuation roll which has served as basis for such list is defective or is quashed or annulled, to avail and to remain in force until it is re- placed by a new list of electors made under the authority of this act. . 1 Jill fV. DIVISION OF THE MUNICIPALITY INTO VOTING SUIi- niVISIONS. 50. (As amended by 39 Vict., cap. IS, sec. H.) When- founln" .iJo '"^ ever in any nmnici[)ality, the numl)er of electors shall ex- l\ voting Biibdi- v'isions. ■i w il ! I i i " If I P I ■ 184 New cliviNioii. Idem. Ajipeal. OUl votiiijr sulidivisious. List of electors Montreal . THE QUKHKC PHOVINCIAI- FRANl'HISK. t ceed two hnndrt'd, it shall bo tlio (hity lA' tlie council of such municipality to divide, by a by-law niado in the ordinary way, the niunicii»ality itito voting snbdivision.s so that there shall not be nroi'e than two hundred electors in each voting subdivision. The limits of these subdivisions shall be well defined and shall not divide any real estate undo- which an elec- tor is entitled to voti?. 60. (^l-^ (imeiuled by o!) Vui., cap. hi, f^ec. S.) Whenever any one of such votitig subdivisions shall contain more than two hundred electors, it .shall be the duty of the council tosubdiviile by ))y-law, such voting sulidivision, into others not containing more than two hundred elec- tors each. (>1. 'J'hc council may always, and at any tiuic, for the gieater convenience of the electors, amend or I'epeal any by-law made undei- the two last sectiniis, and may make a new divisit)n as piovided b}' s(!ction ')9. 62. No by-law made under the tliree preceding section.s shall be appealed from the county council. 63. Every y-hiw or municipal order dividing a muni- ci))ality into voting sul)divisions or other analogous h\\\j- divisions, in force upon the coming into effect of this Acti sliall remain in force until the same is replaced or repealed under the authoiity of this Act. 64. Tlu! list of municipal electors of the city of Mon- treal as annually di-awn up, revised and closed, und(M- the authority of the Acts now in force in relation to the same. shall be for all pui'pos.es, the list of parliamentaiy elec- tors, (1) — inckuling therein stich p(;]'sons as shall have been struck from the municipal list for default of payment of municipal taxes within the delay perscribed. (1) That i« to say, for the election of memliers of the Legishitive Assembly of the Province of (Quebec (as interpreted by fO Vic, cap. 27, s. 1 ). 1 in t— I Ah O (72 TUI': yUKMEC' PllOVlN'CIAL FRANCHISE. . SCHEDULE J. FOllM MENTIONED IN' THE 22n1) SECTION. » pa o o Pi p^ i^j •2 '-5 s •S ft, >> ■»J a a ^•^ o b U « .a 1^ -4-> H fl ..J ...^ -1 0. « u g >~l ri 'A •-» 1 si c o 185 3 o s d o u u C " I G. O c .22 i Q- •- « --- -Q I .3 I V s CO 0). a be I o a "to S^ . 91 — 4) ,- « »■ if .? d2 = ..- 0) 00 S 0) ■!-> S -^ .2 ^''o •4J So ■4-> *" "^ ;5 b fl") 5 .::; V rt ^ 1 ■s U 2 a • i ^ - -M % ^ >> ^3 4) S */,' a- * -ij -M w ^ ^ v: -5 •J ^ X* 1 ■^ -2 O • >• tij — ^ t: C C o b (1) u V S^^'- 0) s P 3 £ ^ v m '-5 c« S O c« "^ "? "-s ? J-. 45 ^S6 '5 (=-2 upai priei t-^-. r-; ■€ T o a u Z > b V U hi — :t "^ '^ 5 a-HOi. ^ a^s • X 2 '^ y s •— ^'^ X X 2 ^^ fcO • ■ +S o ^ iiJl u^ -ii: "^ r:^ is rt C 5^ •|SH - +3 (-1— 'n - r— • - rt )i^i<^ ^' , I « -I ^ .^ = sj""-.^ rt:r: 3 j o to is .5 — i iti '■' .- -^ * rt '^ '-* -^ ^ r*. 3 ~ :^ ^ ^ ■.ti 2 0) x-2^ 3 4) "3 4J'w r+3,_ --S ■z.'% 5 -S - =^ -• ^ •3't; o-Tj-a "^-3^ r _ 5 *-' b 5 3 ' r3 .— X -^ K _ r. ~ •♦- r- ,f n! >- ce « g = £4)<»?P« £ a ■^f? ^ 3. w . « ■:> '- 6 ^ •- s -^ .s3 >-- ? o SP is _o "o 4) +3 > So «3 o 4) a ■^ S -^ rt ■■'^ .Si ^- c -C o 4) 4) -:; o ~ rt .3 -7? j3 g.j3 fc. £-,3^0 S=OH a 1 I •' 1 i '' ::^. B -' .] E: J m i< t. h !fJ 1 1 ' ml ili: ^M II I 1 l.S(i Tirr-. (^j'Ki'.i'.r i'Hovincfai, franciiisi;. FORM MKNTIONED IN SECTION 37. T, the un sors a cop}' of the assessment list for the Pai'ish ; or if the}' have not received any warrant therefor, make out a list of the names of all persons possessed of real or per- sonal estate, or income, in the form followino- and deliver if to the Revisors : I.i>.t i I lf« IRi r i Kcal Estate in the Parish of Inliiiliitiint. Personal Kstate of Inliabitant. Heal Kstate of Non-resident. Anm; Income. A. B 1100 00 iji 00 $ 00 .?0 00 C. D 00 400 00 00 00 E. V 00 00 100 00 00 G. H 00 . 00 00 400 00 5. Tlie Revisors*(/>) shall before the first day of Septem- ber pf each year, meet and prepare from the assessment list an alphebetioal list of th'e (|ualified electors in their Parish, distinguishing- the resident from the non-resident, and affixing the place of residence of the non-resident when known, and on or before the first day of Se))tember in each year, post up a copy of the said list in three of the most ])ubl:e places in each ])olling district oi' their Parish, with the following notice : • " The Revisors will meet at , in the Parish of , on the twenty-fifth [if Sunday say twenty- {h) A hill was introduced at the .session of the Legislature of ISSfi, which provided among other things for the appointment, by the I-iieut. (Governor in (.'onncil, of a Revising Commissioner or Barrister for eacli eoiuity, to whom appctals from tlie Re- visors might l)e had, hut tlie hill ditl not lieoome hiw. THE NEW mtllNSWlCK I'ltOVINCIAL FUAxN'OMlSE. 189 sixth I day of October (ej next, at o'clock, A.M., lX^;'p'K. to ivvisc the li.st of elector.s for the Pari.sli of /ucli^'oS'^i"?*' and any i^cr.soM clainiiiio; to add to or strike off a nanic**"''^^'^''''*'' from tlie list, must giv(> notice thereof, with the cause of objection, to either of us, on or before the first day of October next, and also notify every ))eison proposed to be struck off. — Dated the day of , IS . A. B.\ 0. J). '- lievisors." E. F. ) 6. Tht! Revisors shall, on or before the tentli day of cimnges pro . , 'I'll IT P"*^*"'' »'i'l time October in eacli year, ])Ost up m the said three most public <>f iiearinj,' to be ... . . . posted. places of the polling district, an alphcbetical list of the persons proposed to be added or struck off respectively, with a notice appropriate to each list, to the effect following : — " The Revisors will on the twenty -fifth [// Sunday, say twent^'-sixth] day of October (o) instant, at in the Parish of , adjudicate upon the propriety' of adding (or striking off, in cose of stfrilhig ojf',) tlie foregoing names to (or from) the list of (jualified voters, — Dated the day of Octolx-r, IS . A. B. ^ C. 1). [Revisors." E. F. j 7. The i)er.sou who proposes to strike a name from the ' ' "^ _ objfotorH to no- list, .shall, on or bcdbre the first dav of October, iind (i above, the words "twentieth day of Octohor " instead of " twenty tittii day of OctohiT." , '^\{ i ' i^l i n I ^1 ! , 190 THb: NKW imUNSWICIv i'r*jvi>;(.;ial fuanchise. fenuothecw ^^^^^'''^'' ^"^^ coiTect tlie Hsts, and shall, with all convenient 'y Secretary, dispatcli, make out au alphebetical list of the resident electors of each polling district of the Parish, and of the non-resident electors, stating the lesidence wtien known, and on or before the tenth day of November in each year> transmit tlio same to tlie County Secretary. 9. The Revisors shall add to or strike off from the list Modeuf revision, the name of any i)crsoii whose qualification or disnuali- Firms, members - ' ■■■ ' of may vote; fication is satisfactoiily proved to have existed at the when. "^ '■ date of the Jast assessment, or date of the list to be made up by the Assessors in the event of no assessment, if notice have been given to a revisor of the claim on or before tiiC first day of October, and in case of disqualifi- cation, they prove to the satisfaction of the Revisors that notice in writing has been given to the party objected to within the same period. When a tirm is assessed in respect of |)roperty or income sufficient to give each member a (qualification, the several persons composing- such firm shall be inserte, the divties to be perfonned by the Sheriff under sees. 12 iind \'.i are to be performed, Jis to tlie County of York, l»y the Warden of that County. • . ill ^! ir n 1' 1: j 'i| 1 Mi I k Ou default, last ■Hegister to bo used. Lists for ijaint John City ; re\ i sion of. 192 THE NEW lUU'NSWK'K PROVINCIAL FHANCHISb: ' the twt'iity-foiutli ihiy ol" Decuinbor in each year, and shall be the Register of electors for the Co'aiit\ foi- which they are so made fu the year commencing- with the Hrst day of January following; and the County Secretary shall send a copy of the list for each polling district to the Clerk of the Parish for which sucli [)o\[ is held, on or before the thirtieth day of December in each year, for inspection by any elector (d). • ' ■ ■ 11. K from any cause the Register of electors for any polling district is not made up in any year, the register last made up shall be used in its stead for the purpose of elections, 15, The list of electors for the City of Saint John shall be revised and corrected bv the Aldermen and' Councillors at the time therein prescribed, and the Com- mon Council may regulate the same by bye-laws not in- consistent with this Chapter; and the name of every freeman of the City not included therein, assessed in the sum of one hundred dollars, shall be added to and inserted in the list, and when it is corrected, and an alphabetical list of every Ward or j)olling district made u[), it shall be signed by the Mayor, filed with the City Clerk, and be the Register of electors for the said City. Witnesses con- IG. Tho Revisors shall have power to summon wit- ceniiii^' qualifl- i i . i i • i cation : lutunii- ncsscs to attend at the time and place appointed, to give ance, examina- . . . . , . , tioii, fees evidence as to the qualitication or disqualitication of any ■ * person, and to administer an oath, and examine the parties and' such witnesses on oath ; and every person so summoned who shall neglect to attend without good cause shewn therefor to the Revisors, or attending shall refuse to be sworn or give evidence, shall be liable tt) a penalty of twenty dollars ; and every witness attending shall be entitled to receive the same lees and travelling charges as witnes.ses attending before Justices of the ((/) 8ee uote ou preceding page. THE NEW JiKUNSWICK PKOVINCIAL FRANCHISE. 193 Peace iti civil suits, to be paid by the person at whose instance the respective witnesses may be sunnnoned. • • 17. Tlie County Council sliall allow the Sheiitf.Count'v <'.m.,,e..8ation to Secretary, Warden, Assessors, Revisors, and any otheV I'll'lnrusL'''"" person required by thetn to assist in pi'eparino- the Register of electors, a reasonable compensation for their services, and any necessaiy exjjenses incurred, and charge the ajiKJunt thereof pn the County funds. 1 J llite n.U r H E NOVA SCOTIA PROVINCIAL FRANCHISE. (ts VICTORIA, CAP. 2.) [Passei/ the :J4tlt day of April, A.R IS^o.] li- ' u: il i Bk it fiiactiMl by the Governor, Council, and A'ss^nibly, ns foUdWs ; Who entitled to 1. The following persons, if of" the full age of twenty- vote. one years atid subjects of Her Majesty by birtli or natu- rilization, and not disqualified by any section of tliis Act or otherwise by law ))revented from voting, sliall be entitled to have their names entered upon the list of electors provided for by the thirteenth section of cha[)ter four of tlie Revised Statutes, fifth series, and if so entered shall be entitled to vote at elections of members to serve in the House of Assembly, that is to say : (a) Eveiy male jjerson who, at the time of the last assessment, shall have been assessed in respect of real property to the value of one hundred and fifty dollars, or in respect of personal property, or of personal and real property together, to the value of three hundred dollars. (6) Every male pierson who, at the tin... of the last assessment, shall have been in possession of real or per- sonal property, or of personal and real property together, (19-i) THE NOVA SCOTIA PROVINCIAL FRANCHISE. 195 of the respective values mentioned in the preceding sub- section, and shall have been by Jaw specially exempted from taxation. (c) Every male person who, at the time of the last assessment, shall have l»een a bund fide yearly tenant of real property of the value of one hundred and fifty dol- lars where the assessment on real pn)perty was by law levied upon the owners thereof, or tht^ assessed value of whose personal property combined with that of the real property so occupied by him as a yearly tenant shall have been three hundred dollars or upwards. (d) Tile son of every person qualified under the pre- ceding subsections, if such person at the time of the last assessment shall have been in ])ossession as owner or yearly tenant of sufficient property to qualify more than one voter, and if such son :diall have resided in the resi- dence or dwelling of his fathei', or on property' owned by his father within the assessment district, foi' at least ar next pi-ior to said assessment. (/) Every person who, at the time of the last assess- ment, shall have been entitled to be assessed as in sub- section (a) mentioned, oi' shall have been qualified under any of the preceding sul)sections, and whose name shall have been omitted from the assessors' returns. 2. If in either of the cases mentionfxl in subsections where (d) and (e) of the first section of this Act, there are more reside"!]"' sons than one so resident, and if the property is not of . A 13 more than una resi- Bon. ■ MP I ■m. I I nil m m 'iVi IMl liHJ Oucaflional ab- sence not to diS' qualify. Dnty of AMes- •ore. i! ■ 1 1 > ' '] ^ ■i i ^•;l!' H!;;i! I^'i ■ J 1;: li:' 1 •■ l-i'^ ■' 'i I iC' • THE NOVA SCOTIA PROVINCIAL FKANCHISE. sufficient value if divided between thoni to give a quali- fication to vote to the fathei- and all the sons, where the father is living or to the sons alone where the njother is a widow, then the right to vote under this Act shall belong to and be the right oidy of thu father and such of the eldest or elder of said sons to whom the value of the property will when divided between them give the quali- fication to vote ; and if the property is not sufficient value if divided between the father (if living) and one son, to give each a qualification to vote, then the father shall be the only person entitled to vote in respect ot such property. 3. Occasional or temporaiy absence of the son from the residence or property of the father (»r mother for not more in all than four months in the year, shall not dis- qualify such son as a voter under this Act. The time spent by mariners and fishermen in the prosecution of their occupation, and by students at institutions of learning within the Dominion of Canada, shall be con- sidered time spent at home. 4. The assessors of each assessment district shall on or before the twentieth day of January in each year deliver to the revisors a copy of the assessnient rolls for the polling districts within the revisal section, and they shall also deliver to the revisors a list of persons exempt from taxation, with a statement of the value of the property of every such person, and also a list of such sons as are by this Act entitled to be placed on the voters' lists. The returns delivered to the revisors shall be in the form prescribed in the schedule to this Act, or in such other form as will most conveniently furnish to the reviaors the information necessary for the making up of the list of voters in accordance with the intention of this Act, THE NOVA SCOTIA PROVINCIAL FRANCHISE. m and the City Clerk of Halifax, the Clerk of every incor- ])orate(l Town, and the (Merk of every Municipality, shall at the cost of such city, town, or municipality, furnish the assessors with such blank books or foims as may be required for the purpose of collecting the information and making the returns. 5. Whenever two or more persons are either as business cases of bu>i- ■■ nesa partiicrH, partners, joint tenants, tenants in common, or by any *'* other kind of joint interest, ttie owners or yearly tenants of any real property, or the joint owners of any personal property, or of real and personal property together, the names of each of such persons shall be entered in the assessors' returns and the property apportioned among them to the best of the as.sessor,s' judgment (a) and such apportionment shall have the same force and ettect re- specting the qualifications of voters as if each of such persons had been individually assessed in the amount set opposite their respective nauies ; but where property is held by a body corporate no one of the members thereof shall be entitled to vote or be entered on the list of voters in respect of said property. 6. The assessors shall mark on their returns opposite Returns, what *■ ' to contain. each name the number of the polling district in which the property of the electoi* is situate and the residence of such elector. 7. Persons qualified under this Act as voters in respect voters, how placed ou list. of personal propei'ty or as sons shall only be placed upon the list as voters and Vote in the polling district in which they reside, and persons qualified as voters in respect of real property, or of real and personal property together, shall only be placed on the voters' list and vote in the polling district where the real propeity in respect of (a) ^ee ante, note (wj p. 39, and note (op) p. 100. :lr :i i , ,'-i:- '. 1 .i 1 |M|' 19S ABsesBors to make careful inquiry. Allowance to ABsessors. THE NOVA SCOTIA I'UOVINCIAL FRANCHISE. which they ate (jualified is situate ; but when the real property is partly withiu one polling district and partly witliin nnother, althonjj;li all within oiio electoral district, the person ((nalified in respect thereof shall be entitled to be placed uj)on the list of voters and to vote in either of sucli polling districts for whicli he may at the time of the revision of the lists desire to be ref»istered as the voter. 8. It shall be the duty of the assessors to make a careful in(iuiry as to the qualiKcations of all persons who a|>ply or (»n whose behuU application is made to h&vu their names jilaced on the returns, and if any assessor, will'ully or through failure to make proper inquiries, returns as a qualified voter any person who is not qualified, or fails to return any person qualified under the provisions of this Act, such assessor shall be liable to a penalty of forty dollars, which may be recovered before an}' two justices of the |)eace or any police or stipendiary maoristrate, upon the information or jomplaint of any elector or person qualified to be an elector unler the pro- visions of this A.ct ; and any person who wilfuUj' orive'- false information to the assessors for the purpose of having placed in their returns of qualified voters the name of any person not qualified, or of having the name of any person qualified omitted from the retuins, shall be liable to a like penalty, which may be recovered by the like persons and in the same way as penalcies of as- sessors-. ■ • . . • 9. The City Council of Halifax, the Council of every incor|)orated Town, and the Council of every Munici- pality shall, out of the funds under theii- control, make reasonable allowance to the assessors for any additional duty imposed on them by the provisions of this Act. THE NOVA SCOTIA PROVINCIAL FRANCHISE. 199 10. Until tlio completion of voters' lists under the pro- uuaiiflcation of ■ , ' Elector* visions of this Act, the qualitication of electors in elec- tions for the House of A.ssou\l»ly shall be the same as it is at the time of the passiii<; of this Act. 11. Sections nine, fourteen and fifteen of chapter four inooustntent law repealed. of the Revised Statutes, fifth series, and any section of said chapter, or any enactment inconsistent with the pro- visions of this Act, are heieb}' repealed. 12. Tliis Act may be cited as "The Franchise Act, ^J""-* "»'• «' 1885." • • S(;HEI)ULE. ASSESSORS' RETURNS FOR ELECTORAL LISTS, POLLING DISTRICT No. , COUNTY OF Assemment Roll. Vamr. A. B. CD. ■B "S.S .a § ■s ^Ji .5.2 « 0) •;> "A II — S.S = .= ■8 1*^ 3?! ^3 lit o 7i a i2^ -4 ber of strict in a] Estat uate. ber of strict in rsonal E g-sa m V O n 15^-3 ^5S aa S, » a, «300 00 z •A 8200 00 8 00 S 00 Eleven. Nine. cd 300 00 200 00 00 Nine. Eleven. a o Persons Exempt ft om Taxation. Namb. "S.E SI U2 e o o Si' •s "3 its! c o S2.2 of Polling in which il Estate is. pal Esta dents w Couuty lit 22 e rsonal Noii-rea umber District Real E situate. umber District Persona Residence DS a! a «300 00 Z J5 A.B $200 00 9 00 « 00 Eleven. Nine. CD 00 300 00 200 00 00 Nine. Eleven. 1,; . :.,i. I' t 1 200 THB NOVA SCOTIA PHOVINCIAL bUAiNCIilSK. Bond fide Yearly Tenants, where asueHHment is by law levied on the uwiier of Heal J^ruperty. 1 83 •s Namr. r: ^^ Real E-t pied b tenant. Personal yearly A. B 9300 00 1 00 C. 1> ft.^ 100 00 2.50 00 t»J3 UMji h K H2-2 5 H -_ k s u 'go **^ 1 Number of P Distiict in Real Estate situate. Number of P District in Personal Es 11 Nine. Eleven. Eleven. Nine. :l! Apportionment of Property by Amessors uiider the provisions of Section 6 of the Franchise Act, 1885. Roe & Co... Doe &Co.... I- "3 3 ■a J A. B. . |C. D.. ( E. F. . \G. H., e ■a ■« = o d v o ■2 s OS Ji 'I £•0 CLi 9200 00 1600 00 9500 00 9200 00 1^ a* ** OS 9200 00 9()00 00 I 3a 9500 00 9200 00 i o «5 "c ^ .2 Sal* co< o a . 0-2.2 2: Nine. Eleven. I Eleven. | Nine. Aniount ap- portioned to each indivi dual. 9150 9200 9350 60 HOO 3.50 Sons to be entered on Voters List. 350! 160 160 60 600 200 : W Name of Father (or Mother, if a widow). A. B C. D. (widow). a, Real Pro or occup tenant. "3 i ; Value of owned, yearij' Value of erty. 9450 00 9 00 00 600 00 a.|.2 •g o o 12; Nine. 60 0) **• pC *s o ^ « Eleven. Eleven. ; Nine. k« , •M '-'Vs (« *> ^ 3 « 0" *'5 °> ^ B fci ^ .• •S.-S is >■ S2 3<3 OS fs Two. Two. •8 3 cr n a o 33 i IE. [G. (H. I. [J. K. THE MANITOBA PROVINCIAL FRANCFTISE. AN ACT RESPECTING THE LEGISLATIVE ASSEMBLY AND THE REPRESENTATION OF THE PEOPLE THEREIN (a), (CONSOLIDATED). '!!;;, Hkr Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as fol- lows : EXPLANATORY. I. This Act tnay be known and cited as "The Act How Act citod. respecting the Legislative Assembly." 38 V. c. 2, s. 1. II. This Act shall apply not only to the Legislative Application of Assembly, but also to every election of every member thereof, whether the same be held at the time of the •: general election or to till a vacancy in the Legislative Assemhlv. 38 V. c. 2, s. 1. III. In interpreting this Act, unle.-is it be otherwise interpreution. provided, or unless there be in the context sometiiiiig which indicates a different sense, or requires another construction ; (a) Only those portions ot the Act are here given wliich relate to the Franchise and the Voters' Lists. ^(201) • Hllfe : 'i < i 202 THE MANITOBA PROVINCIAL FRANCHISE. Ill ' fK- * 1 5 r ; 1 |;J Owner. Occupant. Tenant. Electoral dlri sion. "The Province" (1.) The words "the Province" or "this Province" "f.is Provinco" ' moan the Province of Manitoba ; aiul the words "Legis- lative Assembly," mean the Legislative Assenjbly of Manitoba ; (2.) The word " owner " signifies proprietor in his own right; (3.) The word " occupant " signifies the person who occupies immovable property otherwise than owner, but who enjoys the revenue and profits arising therefrom ; (4.) The word " tenant " means as well the person who pays rent in money as the person who is obliged to . give to the owner a certain part of the revenues and •profits of the real estate which he occupies ; (o.) The W()rd.s " electoral division " mean any place or portion of this Province entitled to return a metnber of the Legislative Assembly ; Election officers (6.) The term " election officers " means the returning ofiScer, the electitm clerk, and all deputy returning officers and |ioll clerks appointed for an election ; (7.) The words " Executive Council " mean the Exeju- tive Council of the Province of Manitoba, and the words "Lieutenant-Governor" mean Lieutenant-G(«'ernor in Council; (8.) The term, " personal expenses," employed in relation to the expenditure of a candidate, in respect of any election in which he is a candidate, Jiieans all the reasonable travelling expen.'-es of such candidate, and his reasonable expenses at hotels, and other places, to which he ma}' repair, for tiie purposes of, and in regard of such election. 38 V. c. 2, s. 2. .TV. Any form indicated by a capital letter, in the various provisions of this Act, refers to the correspond- ing form contained in the schedule annexed to, and Executive Council. FersDnal ex peiises. Capital letter referH to form. THE MANITOBA PROVINCIAL FRANCHISK. 203 forming part of this Act, and any of the forma contained in sucli schedule shall be sufficient for which it is intended ; but any other form, having substantially the same meaning may be employed with equal effect. 38 V. c. 2, s. 3. V. Any reference to one or more sections indicated in tlie provisions of this Act, without mention of the Act or statute of which such sections form part, is a refer- ence to the sections of this Act. 38 V. c. 2, s. 4. VI. If the time fixed by this Act for the accomplish- ment of any proceeding or foimality, pie.scribed by the provisions thereof, expires or falls upon a Sunday or legal holiday, the time so fixed shall l)e continued to the first day following not a Sunday or holiday. 38. V. c. 2, 8. 5. VII. Every person before w'lom any oath must be taken or affirmation made, under the piovisions of this Acti is empowered and shall be bound, whenever the same is required of him, to administer such oath or affirmation, and to give a ceitificate thereof without fee or reward. 38 V. c. 2, s. 6. Reference. Time fixed fall- ing on Sunday or holiday con- tinued to next day. Person to twl- ininiHter oath and give certifl- cate without fee !■! i'< '■' VOTERS LISTS. XXXI V. The list of electors now or hereafter com- List of electors to be certified piled accordinij to law, certified and returned to the »,"•*, '■««."r,"«^ '» ^ ° ' clerk of E. C. clerk of the executive council, by the clerks of the respective municipalities, incorporated cities and towns, shall be held and taken to be the electoral lists of the Province, and of the several electoral divisions thereof, until the same aie superseded by new oi succeeding lists, certified and returned to the clerk of the executive coun- cil as hereinafter provided. Ill m pf^' ' > 204 Clerk tn make alphiibetiual list. List to distin- Kuinh ownerB or lessees. Clerk to omit from list any person not enti tied to vote. When munici- fmlity is partly n one diviMon and partly in another. When a person is an elector in more than one ward. Clerk to certify to the correct- ness of list. Oath. THE MANITOBA PROVINCIAL FRANCHISK. XXXV. On or before the Hfteetith day ot' August in each year, the clerk of the municipality of each cit3% town or municipality .shall make a list in alphabetical onlor of all persons who, acconlinj^ to the valuaticm roll then in force in the munici])ality for local purposes and as then revised for local purposes, appear to be electors by reason of the real estate posscs.sed or occupied by them as tenants or otherwise within the city, town or municipality. XXXVI. The clerk, in drawing up the list of electors, shall distinguish the persons who appear to be qualified as owners from those who appear to be qualified as le.ssces or occupants, and shall specify the |)ersonswho reside in such city, town or municipality, from those who are not residents therein. XXXVII. The clerk shall omit from the list of electors every person who under cap. three, section sixty-five of the consolidated statutes, is not entitled to vote. XXXVIIt If any municipality is situated partly in one electoral division and partly in another, the clerks of each municipality shall prepare in the .same manner for each of such electoral divisions, an alphabetical list of the persons who are electors therein. XXXIX. If a person is an elector in more than one ward in an electoral division, his name shall be entered in the list of each ward of such electoral division in which he is an elector. XL. The clerk shall certify the currectness of the list of electors by him made by the following oath, taken before a justice of the peace: " I (name of Clerk) sWear, that, to the best of my knowledge and belief, the foregoing list of electors is THE MANITOBA PROVINCIAL FRANCHISE. 206 (jorreet, and that nothing has been inserted therein, or omitted therefrom, unduly oi- by fraud : So help me God." XLI. Each list must be attested under the foregoing Each list to be oath. The list so attested slmll be kept in the office of the clerk, at the disposal, and for the iufoiination of all persons intert;sted. XLII. The clerk, on the day upon which he shall take cierk topub- '' •■ lish public the oath required by this Act shall give and publish "<>"««• public notice, setting forth that the list of electors has been prepared according to law, and has been lodged in his office, at the disposal and for the information of all persons interested ; and it shall be the duty of the clerk, on or before the twenty-fifth day of August, to post up in every postoffice and schoolhouse in the municipality, and in the office of the clerk of the county court for the municipality a certified copy of said list : provided Proviso, always such clerk shall furnish to any person on appli- cation for the same a certified copy of such list on pay- ment uf five cents for every ten names therein. XLIII. If the clerk has not made the alphabetic list Jjl^tmadeafph" of electws required by this Act, then the judge of the *•«"'-'*•"'''• county court, on summary petition from the warden, or mayor, or coinicillor, or other person entitled to be entered as an elector, shall ai)point a clerk ad hoc to prepare the alphabetical list of electors. XLIV. The clerk shall be personally liable for the ^''erk to be »»- • ble for costs. costs incurred on such petition, and for those incurred in drawing up the list by the clerk ad hoc, unless the judge, for special reasons, deem it advis^able to order otherwi.se, and in suqh case the costs shall be left at his discretion. XLV. The clerk ad hoc shall proceed, within fifteen oierk to prepare J , • !• 1 • • 1 '^** within IB days after notice or his appointment, to the preparation iiajtof wsap- I :l fr \m H'' u < [I u 1 ■' I 206 pointinent. Mayor or War- den to deliver to clerk the valuation roll. When a naiue hag been omit- ted from the voters' listu. THE MANITOBA FUOVINCIAL FRANCHISE. of the list of" ('lectors. He shall, for such pui-pose, become an officer of the municipal council, and shall have the same powers to exorcise and the same duties to discharge as the clerk of the municipality, and shall be subject to the same |)enalties in ease of default or neglect on his jjart. XLVT. The mayor, warden and the officers of the council, in so far as the same is incumbent upon them, shall, under the penalties prcscrilied by this Act, be bound to ) force from when iist simii , . come into force. and after the I'evision and i-etui-n thereof to the clerk of the executive council as hereinafter provided, and shall remain in force until a new list is made and returned as aforesaid. . L. It shall be the duty of theclerk as soon as the list cierk to insert "^ ' certificate in of electors has been revised to inseit at the end of .such '"""A. list, tlie certificate set forth in form A. LI. The list of electoi's shall 'do kept in the archives of the city, town or municipality, and shall there remain on recoid. • LII. A duplicate thereof shall be ti'ansmittcd to the Dui)iicate to be trant^niittcd to clerk of the executive council within ei^ht davs follow- [)ic«ierkof tiie ing the ;? 1' 1 !'• !-'■ i''i 5l 1 i f ' ^ f^ I i:Si 2()8 THE MANITOBA PROVINCIAL FRANCHISK. Clerk of E.C. LIV. All Hsts of oloctois transmitted to tho clerk of to preserve ^uch lists. t.i^e executive council, or posted up in the office of the clerk of the county court, shall be preserved by such officer, and shall remain on record in his office. The clerks on receipt of the said lists shall enter upon each the date of the reception thereof. Costs of reviHion LV. The costs of revision of the voters' list shall be taxed at the discretion of the Judge, for or against such of the parties as he shall deem advisable, and shall be recoverable under a writ of execution issued in the usual manner. Judi^e'sdoL'isioii fliial. ClerkH to cor- rect list. LV^l. The decision of the judge shall be final. LVIl. The clerks shall each correct the list of electors in Ids possession according to the decision of the court. wheniisthas LVIII. If at any time it is made to appear to any been altered <>r , , ,. , . . i • ii ^ faiHifled. judge of the county court, in term or m vacation, that any of the persona having the custody of the lists of electors have altered oi- falsified, or have permitted to be altered or falsified, the said lists in their po.ssession, the judge shall require the said person or the person having the custody of the valuation roll, which served as the basis of the lists, to appear before him and to produce the rolls and lists in their possession. LIX. At the time and place fixeil for the appearance of such persons, the judge after having examined the duplicates of the lists produced by the clerk, together with the valuation roll, shall, with or without further proof, make the alterations or corrections which he shall deem necessary, to render the lists so altered or falsified, accu rate and correct. After exaiiiina- tioii by judxe. w THE MANITOBA PROVINCIAL FRANOHISE. 209 LX. Every cleik of a city, town or municipality, who when clerk has ■' • I •/ refused to iiiako has refnsp"! or negloct(Ml to make the alphabetical list of «'i''«'''«''«»">»t electors as required by this Act, shall incur a penalty I'wiaity not excee(liii<( two hundretl dollars, or imjirisoiMneiit, not excedinjr six mouths, in default of payuient; any clerk who, havinn^ made the list, has wilfully inserted therein, or omitted tlurefrom, any name which shouid not have cierk omittinK or inHbrtiiiKany been inserted therein or omitted therefrom, or who has "*•"" otherwise altered or falsified the same, so that it ceases to be or is not an exact and conect list of all the elec- tors entitled to be entered therein, shall incur a penalty I'enaity. not ex'X»edinjjr two hundred dollars, or ini|>risonment not exceeding twelve months, in default of payment; never- theless, any person who, under section three of the con- solidated statutes of Manitoba, although entered on any 8uch list of electors is disqualified from voting, shall nt)t be entitled to vote. QUALIFICATION OF ELKCTORS. GonditiouH reqaisite to be an Elector. LXI. No person shall be admitted to vote at the Euuy on uat. election of a member of the Legislative Assembly of this. Province unless his name appears at the time of the voting on the list of electors then in force ; and no per- son shall be entered upon the list of electors for any electoral division unless he fulfils the following con- ditions, that is to aay : (1.) He must be of the male sex, twenty-one years of age, and a subject of Her Majesty by birth or naturali- nation ; (2.) He must not otherwise be legally incapacitated ; (3.) He must have been, in such electoral division for i iH- 1 , I^^^^^^H' III Hflp ' u i. 1 in I 1 1 hi 210 THE MANITOBA PROVINCIAL FRANCHISE. a |)eii(j«l t»l at least three months, actually and in telf and family, if he have any, on land in the electoral division of the annual value of at least twenty dollars. 38 V. c. 2, s. 9. Two 01- more LXI I. Whenever two or more persons are co-owners persons cii-ton- , i> i i i i ants c.r co-owti or co-tenants or co-nccupants oi any real estate valued ers alliiwoil to vute. at an amount sufficient for the share of eac!) to confer upon him the right to vote, each of such persons shall be deemed to be an electoi under this Act, and shall be entered upon the list of electors; but he whose share does not amount to the value reijuire J to confer the right to vote, if any be in such position shall not be so entered nor be an elector; and the same rule shall apply to co-tenants respectini^ the amount of rent which they may jointly and severally pay. 3S V, c. 2, s. 9. McuiherBof LXI 11. Nevertheless if the real estate is owned or corporation not • i i • <• i allowed to vote occupied, by a corporation, no one oi the members or the corporation shall be an elector, nor entered upon the list of electors, by virtue; thereof. 38 V. c. 2, s. 10. Persons entitled LXIV. All pei'soiis ansvvei'inij the coiuii tious afoi'csaid, to vote. '^ " and whose names, under the provisions of this Act, shall appear and be contained on the said revised electoral lists and who are not otherwise disqualified according to law, shall be entitled to vote at electi(ms of memlieis to serve in the Legislative Assembly of Manitoba. 35 V. c. o, s. 1. . ' THE MANITOBA PROVINCIAL FRANCHISE. 211 QUALIFICATION QF ELECTORS. Persons who cannot be Electors. LXV. The following persons can in no case be electors, Personswhocan nuither be elec- or vote ; ''""" "*"' ^'"t*'''- (1.) The judges of the court of the Queen's Bench and of the county court, and the recorders of cities ; (2.) Clerks of the crown and peace, registrars, sheriffs, deputy sheriffs, and clerks of the-county court ; (3.) Indians or persons of Indian blood, receiving an I'ersong •xciud- _ _ ed from voting^. annuity from the crown, so long as said Indians or per- sons of Indian blouJ receive such annuity ; and if any of the persons set forth in this section vote, he shall be liable to a penalty not exceeding five hundred dollars, or Penalty on per- sons votinff not to imprisonment for a period not exceeding twelve entitled to vrote. months in default of the payment of the penalty im- posed, and his vote shall be null and void. 38 V. c. 2, s. 11. A U m 1 ' mm |!.(i L«_ui 212 THE MANITOBA PROVINCIAL FRANCHISE. "I ('I Oi f« o H O . W hJ W ^ En o H Xfl »n No. fort Eb o V -II «,2 M •!;uapi83a-uo^ •:juapi8a>{ • -^umlnooo •a38S9'7 M3UM0 •88uny; ■diqsuAvoj^ ■uoi:joag qsuud .10 uMo:^ 'AlO •pagipinb qoui.vv iiodu ;>oyo -o^ •IIOI889p.l,J t. ^ C V , « J3 .3 o •« ^-'^ « 4) fl o >> S c a -•I V V 69 0) "^ > 5 e« >> t c -3 lecto duly « a ^ s in i s f^ .2 £ ■ta the 1 heref 5 elief, itted t :? *« -^ S o "T C 3 fe .a &S 2 "3 a) 0- 1^ 4) o -t^ 4^ - .a s 1 .*. « o _ e •^ S s « «-i J -a 43 t8 a -w A O bo o ■^ a o .13 •fM th tha t noth .3 (8 n o -S c3 fl &C hJ '2 t3 I CQ !/} S?: r H E BRITISH COLUMBIA PROVINCIAL FRANCHISE.^., AN ACT TO MAKE BETTER PROVISION FOR THE QUA- LIFICATION AND REGISTRATION OF VOTERS. {Assented to 19th May, 1S76.\ Her Majesty, by and with the advice and consent of the Legisla- tive Assembly of the Province of British Columbia, enacts as follows : — 1. The " Qualification and Registration of Voters Act, Repeai« fonner 1875," shall be and is hereby repealed. 2. Every male of the full age of twenty-one years, not who may vote being disqualified by this Act or by any other law in L^is1ativeM°s'^ force in this Province, being entitled within this Pro- ^^^ ^' vince to the privileges of a natural-born British subject, having resided in this Province for twelve months, and (a) By sec. 9 of the Dominion Franchige Act, besides the persons who are entitled to be registered under that Act, every person who at the time of the pcuising of the name : (1) Is of age and not disqualified; (2) Is a British subject, resident in the Province, and entitled to vote by the existing Provincial laws, is entitled to be regis- tered under the Dominion Act, Only those of age when the Dominion Act was passed (20th July, 1885), and otherwise qualified at that date can qualify unde: e Provincial Act to vote at Dominion elections. If they cannot so qualify they mast do so under the provisions of the Dominion Act. By this arrangement no one is disfranchised who has hitherto voted, while the gradual adoption of the franchise as in the Dominion Act is provided for, for Dominion elections. (213) WTr- *"\ 2i4 THK BRITISH COLUMBIA PROVINCIAL FRANCHISE. t:i I in the Electoral District in which he claims to vote for two months of tliat period immediately previous to send- ing; in his claim to vote as liercinat'ter mentioned {h), and being ; Polling Divisions shall be deemed to P<'i»ni{Divi- " " HioiiHnoweBtab- be Polling Divisions established by virtue of this Act, i'B''i;''tobecoii. . ... . tinned and shall be continued as such Polling Divisions until altered or varied by the authoi-ity hereof. 7. The Lieutenat)t-Goveinor in Couneil shall appoint A).p«.intincntof ,, 1 ni , I i\' • r -i-\ 11- IX- • • t> CoiUctiir, and tor eacli Electoral District, oi- tor any rolling Division oi his duties. such District, as may l)e required fi'oin time to time, a person to be Collector, and the cision shall have been rendered. Such notice shall also be .served, within such time, upon the elector objecting,.or the person whose claim to vote shall hav been allowed, as the ca.se may be ; and such notice shall be given ten days befoie the hearing of such review, or at such other time as the County Court Judge shall appoint, and the case shall be heard at one of the usual sittings of such County Court, and the Judge shall eithei" affirm or disniLss such appeal, and make such order as to the costs theri^of and geneially as to the pre- mises as he may deem just, and may enforce the same as and in the same way as a judgment of the Court is usually enfoiced. Provided, always, that every such decision of any such County Court Judge may be ap- , pealed from to the Supreme Court of Biitish Columbia ; '^mi THE BRITISH COLUMBIA PROVINCIAL FRANCHISE. 219 and all the proceedings concerning such appeal shall be conducted as nearly as may be according to the pro- visions of the " County Courts Amendment Ordinance, 1870." And the Collector, on any such review, shall re- gard and be governed, as to placing, retaining, or remov- ing any name on or from the Register of Voters, by the decision of the Countj' Court Judge, or if such decision shall be reversed by the Snpreme Court, then by the de- cision of the Supreme Court. (Provided, however, that with respect to the Electoral Districts of Kootenay and Cassiar, the revision hereinbefore mention(;d, instead of being made to, taken or held before a County Court, shall be made to, taken or held before any two Justices of the Peace residing in such district, the Collector not beinof one of such Justices, 4-2 Vic. c. 22 s. 3). 11. Any persor whose name is not upon the Register no person to of Voters as aforesaid, shall not be entitled to vote at namo*i!l°not re- any election for a member or membeis to serve in the *^"'*'^'® • Legislative Assembly. 12. The Lieutenant-Governor in Council may, from Keinuneration time to time, tix such remuneration to be paid to the " Collectors appointed undei' this Act, as may be found necessary or desirable for the |)urpose. ■ • 13. Any person making a claim to vote as aft)re.said, Penalty of false 1 • ' L ly • J • 1 1 (• 1 ileelaratioii. knowing any statement thereui contained to be talse, shall, upon conviction of any .such offence, eithei' before the nearest Stipendiary Magistrate in the Electoral Dis- trict or Polling Division, or before any Justice of the Peace in such District or Polling Division, be liable to a penalty not exceeding fifty dollars, to be recovered in a summary way, and in defrailt rr payment thereof shall be imprisoned for any period not exceeding two months. 14. Any person whose name shall be on the Register voter may vote /.X7, ,, 't-:' lil; ■:i i ) fi- 222 THE .BRITISH COLUMBIA PKOVINCIAL FUANCHISK. Officer the copy of the Register of Votei's as required by this Act ; or who shall wilfully reniss or neglect to' at- tend the Court for revising the Lists of Voters uf his -. district or division ; or who shall wilfully commit any breach of duty in the execution of this Act shall, for every such offence, be liable to pay, by way of fine, a sura of money not exceeding fifty dollais, to be imposed by and at the discretion of any Justice of the Peace, or to imprisonment for any term not exceeding three months. Provided, always, that nothing herein con- tained, as to any fine as aforesaid, shall affect or abridge any right of action against any Collector or other person which he may incur under or by virtue of this Act, or any law for the time being in force in this Province. 20. Where in any Act Ker-.-tofore passed reference is made to the " Qualification and Registration of Voters Act, 1871," or to the "Qualification and Registration of Voters Act Amendment Act, 1872/' such refiTence shall not be deemed to have i-eference to such Acts respect- ively, but shall be deemed and construed to have refei- ence to this Act ; and wheie, in the " Election Regulation Act, 1871," the words " Registrar of Voters for the dis- trict " occur, th(!y shall be deemed and construed to mean the " C^oUector oi- Collectors of Voters for .the district." Short Title 21. This Act may be cited for all purposes as the " Qualification and Registration of Voters Act, 1876." Interpretation and construc- tion clause :1- i:^ 11 i f vim IHE BRITISH COLUMBIA PROVINCIAL FRANCHISE. 223 By section 1 of " An Act relating to an Act to make better provision for the Qualification and Registration of Voters," (1875), which is still in force, it is enacted : 1. No Chinaman or Indian (a) shall have his name chinamen .m.i placed on the Register of Voters for any E!ectoi-al Dis- not'votu, ami fcrict, or be entitled to vote at any election of a Member beflnedif hein to serve in the Legislative Assembly of this Province, names (.n Any Collector of any Electoral District or Polling Divi- sion thereof, who shall insert the name of any Chinaman or Indian in an}' snch Register, shall, upon conviction thereof before any Justice of the Peace, be liable to be punished by a fine not exceeding fifty dollars, or to be im- prisoned for any period not exceeding one month. By an Act to amend the Qualification and Registration of Voters Acts (18th February, 1884), it is enacted : 1. In the event of any person whose name is on the collector of Register of Voters for any Electoral District, or Polling roctuirregister Division thereof, changing his residence, or changing or and°occupaTion abandoning his profession, trade, or calling, it shall be h, wriifngsoU) lawful, notwithstanding anything contained in any law to the contrary, for the Collector of such Electoral Dis- trict or Polling Division thereof, and he shall, upon the written request of any such person, and upon proof satis- factory to the Collector that the person making the re- ' quest is the same person who.se name is on the Register of Voters, amend the Register of Voters so far as to cor- rect the description of residence, or profession, trade oi calling entered therein. (a) See Dominion Franchise Act, sec. 2, subs. " Person,'" and sec. 11 .' ■''■ M if! H j, 1 I ; yi 1 1: 224 THB BHITfSH COIAJMUIA PROVCNOIAL PttANOHISE. schp:dule. Form A. FORM OF NOTICE TO BE GIVEN TO THE COLLECTOR. To the Collector of the Electoral District of the Electoral District of ). (or l^oUing Division of I claim to liave my name inserted in the Register of Voters for the Electoral District of {or Poiliwj Dlvixion of the Electoral District of ) in virtue of my being a British Subject of the full age of 21 years, having resided in this Province for twelve mouths, and in the Electoral District of two months immediately previous to the date hereof, and not being disqualified by any law in force in this Province. Dated at in the Province of British Columbia, this day of A. D. 18 . • (Signed), A. B. (Clciimant tontatv his Ghri.itian name and nurnairn^ at full letu/th, and add his resi- dence, and Aw proftHnion, trade or cn/limj. ) NoTR. -By Section 13 any person making a claim to vote, knowing any statement therein contained to be false, shall upon conviction of any sucli offence )>e liable to a penalty not exceeding ii50, or in default of payment, shall be imprisoi\e(l for any period not exceediiijf 2 months. Form B. FORM OF NOTICE OF OB.IECTION, TO THE (JOLLEOTOK. . To the Collector of I object to the name of W. S., of (descnbe pernon objected to an he is described in the list of persons c aimiwf to voti', or Reijlster of Voters, as the case may be) being placed (or retained) on the Register of Voters for the Electoral District of (or the Polling Division of the Electoral Distnct of ), on the following grounds, (here specify the grounds of objection.) (Signed), C. D. (Objector to state here his qualification, his profession, trade, or calling, and residence). Dated the day of A.D. 18 . THK BRITISH COLUMBIA PROVINCIAL FRANCHISE. 225 Form C. KOKM OK NOTICE OF RKVIEW. ■| o the Collector of I hereby give you notice that on the day of 18 , before the County Court of British Columbia, to be hoUlen at , I intend to have re- viewed your decision, made on the day of , 18 , whereby you allowed {or dii(dlmiml) the name of to be placed on the Register of Voters for , (or wherthi/ you remotud or rt/nsed to remove the name, of from the Re(fiHler of Volern for .) Dated the • day of , A.D. 18 . (.Signed), E. F. {Objector to here ufate his qualification, his Profe-mou, trade, or calling, and remlance). fiil "? Form D. ■ form of list of persons claiming to vote. Electoral District of (or Polling Division of the Electoral District of ). TO WIT : i List of Persons Claiming to Vote in the Electoral District of Polling Division of the Electoral District of ). , (or No. Christian name and sur- name of the Claimant at full length. Residence of Claimant, (If in a city or town, the name and side of the street upon which he re- sides, and the names of the nearest cross streets between which his resi- dence is situate). ; Profession, trade, or calling. V ■ ■ - . ■ -I ¥r- THE PRINCE EDIVARD ISLAND PROVINCIAL FRANCHISE. (a) if-; f*;^ Who ma.v vote, The qualifications of voters for members of the House of Assembly, as required by the Act of the twenty-fourth year of the reign of her present Majesty, chapter thirty- four, are in substance as follows, namely : (See also 4o Vic. c. 1). Every voter must be a male person of the age of twenty-one years, a British subject, not subject to any legal incapacity, and must have been duly qualified for at least twelve calendar mouths next before the date of the writ of election {b)\ and must, iti addition, be entitled to one or more of the following qualifications : First, for a town and royalty (excepting Prineetown and royalty). (a) This statement of qualiHciition of voters forms part of the " Election Poll Notice " supplied by the Pi'ovincial Act. By virtue of sec. 9 of the Dominion Franchise Act, the franchise as here stated, still governs to a certain extent in Dominion Elections, and in addition, any persons entitled to be registered under that Act, but not under the Provincial laws, are entitled to the Franchisein such elections in this Province. (.See " owner " and "occupant " in right of wife, " farmer's son," " son of an owner of real property," " income," etc. Dominion Franchise Act, pp. 7, 8, 14, 15, 18, 19, 2(5, 28, 29, 30, 31, 32, .34, etc.) But only those entitled " at tli€. time of the pasxiny " of the Dominion Act, (20th July, '85,) to vote under the Pro- vincial law, can be registered under the Dominion Act, imless they can also qualify under tlie latter Act ; see Dom. Fran. Act. (h) As the Dominion lists must be completed before an election can be held upon them, and such completion must in most cases necessarily take place befoi-e the Writ of f]lection issues ; (see 57 of Dom. Fran. Act, ante,) it is plain, that residence for (226) . . THE I' E. ISLAND PROVINCIAL FRANOHIHK. 227 ■ill ^11 i must own a freehold estate, consisting of one whole water, common, town or pasture lot, or a freehold estate, of the clear yearly value of forty shillings, consisting of a dwelling house, warehouse, shop, or other building, or of a farm or piece of land : or must be in the bona fiih use and occupation or actual possession of any dwelling house, warehouse, shop, or other building, or any farm or piece of land, of the clear yearly value of fort}' shillings (c) the qualification to be within the town, common, or royalty, save and except as aforesaid ; or who shall be an occupier of eight acres of the reseived lands as regards a vote for Georgetown. Second, for an electoral district, must own a freehold estate of the clear yearly value of forty shillings, consisting of any warehouse, shop or other building, or any farm or piece of land, or must be in the bona Jide use and occupation or actual possession of any such last mentioned premises. Third, for either town or electoral district, the performance of statute labor, or pay- ment of the commutation money for the last year the samr shall have become due, next, before the day of holding the said election, together with the overseer's certificate, and a twelve months' residence in the polling division ; or holding situation exempting from statute labor by Act of Assembly. Fourth, for the City of Charlottetown and the Com- churiottetown mon thereof, and the Town of Summerside, the payment Swt.^'*™™" of the Provincial Poll Tax for the year immediately pre- ceding the tests of the Writ of Election, together with the period named, (i. e., down to date of writ) cannot be proved at the time of re- vision. Yet, it would not seem to have been the intention ^f the Dom. Franchise Act to exclude all persons who cannot qualify under that Act for tliis reason. (See Dom. Fran. Act, 9). (c) Where the premises constituting a property qualification shall be owned or oc- cupied by joint tenants, or occupants, tenants in common, co-parceners, or co-part- ners in trade, then not more than one of either of such description of persons, re- spectively, shall vote thereon, unless their individual interest therein shall be of the yearly value of forty shillings. 24 Vic, (P. E. I.) c. 34, s. 14. A 15 . il ! ' f^r- I ! 228 THE P. K. ISLAND PROVINCIAL FRANCHISE. 1 ., I 'f I Whore no I'rn vjnclal Poll Tax Poll tax qimiiii- the Collector's eortificatf, and a residence in Charlotte- town, Common and Royalty, or the Town of Summer- side, of twelve months, and in the polling division for which he claims to vote, a lesjdence of one month next before the Writ of Election. Fifth, for the City of Charlottetovvn and the Common thereof, and the Town of Summerside, where no Provin- cial Poll Tax is imposed, and where the; voter is liable to pay Civic Poll Tax, the payment thereof in full, or of seventy-five cents on account where such Poll Tax ex- ceeds the .said sum. Such Poll Tax to be for the year immediately preceding the tests of the Writ of Election, together with the Collector's certificate, and a residence in Charlottetown, Common and Royalty, or the Town of Summerside, of twelve months, and in the polling divi- sion for which he claims to vote, a residence of twelve months next before the Writ of Election. Cestui quiiniM Every mortgagor or cestui qui trust in actual possession by himself, or his tenant, of real estate, of the yearly value of forty .shillings, dower land set off and reduced into possession and value forty shillings per year. The clear yearly value as aforesaid to be estimated by the annual value of the buildings, or by the value of agricultural or other produce 3delded by the land {d). Wilfully, falsely and corruptly swearing to any of the oaths prescribed by the Act, or procuringor suborning any person so to do, is punishable with the pains and dis- abilities inflicted on persons guilty of wilful and corrupt perjury. Yearly value how estimated Perjur.v. (d) If tlie fee simple value amounts to £35, tliough the annual rent does not amount to 40 shillings, the person in possession is nevertheless entitled to vote. See 24 Vic, (P. E. I.)c. 34, 8. 15. . THE NORTH-IVEST TERRITORIES FRANCHISE. QUALIFICATION OF VOTERS AND OF CANDIDATES AT ELECTIONS OF MEMBERS TO SIT IN THE COUNCIL OF THE NORTH-WEST TERRITORIES. :i .■■' ■ ■ is> Sections Seventeen and Eighteen of 43rd Victor ia^ Chapter 25, known as " The North- West Territories Act, 1880," reads as follows : 17. The persons qualified to vote at such election shall who may vote. be the bonajide male residents and householders of adult age, not being aliens or unenfranchised Indians, within the electoral district, and shall have respectively resided in such electoral district for at least twelve months immediately preceding the issue of the said writ. 18, Any person entitled to vote may be elected. voters' lists. (Extracts from Proclamation of Lieutenant-Oovernor, dated 6th February, 1881. , .' • . ■! :. . < « , -, , '' 17. Should the Lieutenant-Governor not see fit to Appointment of appoint an Enumerator or Enumerators to make Lists of (229) P ill r^ •" r i U_- i ' 1 h 1 1 \ Ij, ' '; h^- : 1 1 1 ( ■ \ 1 i [!• i ' i ■' ( -; > ■'J - ■ ■. ■ 'i 230 Euumtirator to uompile HstK. Completion iind posting up of list. AilditioiiB a< d alterations. THE NORTH-WEST TERRITORIES FRANCHISE. the electors in the Electoral District, the Returning Officer, conjointly with the nearest member of the Council of the North-West Territories, or with any two J ustices of the Peace, or one Justice of the Peace and a Notary Public, or with any one of them resident in or near the Electoral District, and two electors of such District, neither of the number being a candidate, shall appoint under their hand a competent and reliable person to be Enumerator for any one or mori; polling divisions of such District ; and the Returning Officer shall see that no polling division is omitted to be included in one or other of such appointments. 18. It shall be the duty of each such Enumerator, immediately afte*' nomination day, should a poll be gi'anted, to carefully compile a list of all the persons qualified as electors to vote at the election then pending, for the polling division, or each of the polling divisions, for which- he has been appointed ; and to make three plainly written copies of the same, with the names of voters alphabetically arranged, and giving the occupa- tion and residence of each voter, as required in the form supplied to him by the Returning Officer. 19. Each Enumerator shall complete, date at his place of residence, and sign the copies of the Voters' List or Lists, as aforesaid, four days before polling day : two of the said copies for each polling division he shall forth- with post up in two of the most public places within such polling division, and the other he shall retain for revision. - 20. Should any Enumerator, at any time aftar posting up any Voters* List and before polling day, ^ be fully satisfied from representations made to him by any credible pei-son, that the name of any qualified voter has t ■' s J THE NORTH-WEST TERRITORIES FUANCHISK. 231 been omitted from the Voters' List of the polling division to which such voter belongs, he may add such name to the copy of the Liit in his possession below his own signature ; should the Enumerator, in like manner, be fully satisfied that there is on the List the name of anj'^ person who is not qualified as a voter in such polling division, he may draw erasing lines through such name and write his own initials opposite thereto in the column for " remarks " ; and should the Enumerator find the occupation or residence of any voter to be inaccurately stated in the List, he may make the necessary alteration and afiix his initials thereto. 21. Every Enumerator, having revised and corrected Enumonktor* such retained copy of each Voters' List compiled by him, if he deem such correction necessary, as provided in the last preceding section, shall write at the foot of such copy and close tw the last name thereon, on the day immediately preceding polling day, a certificate in the following form : I certify that the above is a correct List of the Voters in Polling Division No. (or other designation) of the Electoral Division of as revised (or if no correction be made, as tinally approved) by me this day of 18 . (Signatnrej A. li., Eiwmvralor. • 22. Every such Voters' List so certified by the Enu- j^,iygry^,|,gj, merf.tor. he shall deliver forthwith, or before eight o'clock tumfng om^er in the morning of polling day, to the Deputy Returning Officer for the polling division named therein ; and such List as received by such Deputy Returning Officer, shall be the Voters' List for such polling division, subject to 36 further corrected on polling day as hereinafter pro- vided. 23. It shall be the duty of the Returning Officer to & ! f i ill 232 HMidbill. ••ths. THE NORTH-WEST TERRITORIES FRANCHISE. cause to be posted up with the Election Notice, a hand- bill in the following form : • INFORMATION TO E^LECTORS. ' ' The following is the Qualification of Electors as peiscribed by the Parliament of Canada : ... (Here insert Qualification. ) . If any Elector find that his name is not on the Voters' List of the polling division to which he belongs, he can apply to the Enume- rator, on any day before polling day, and if the Enumerator objects to add his name to the said List, he can require the Deputy Returning Officer, on polling day while the' Poll is open, to cause his name to be placed on the List, by taking before that officer the ' following oath ; (Here insert Oath No. 1.) Each Electoi- can only vote &t one polling .station, and 'for one candidate. Any Elector wishing to record his vote, shall, in his turn, while ,t the poll is open, go up to the Deputy Returning Officer, give his full name, occupation, and place of residence, state for which candi- date he votes, and answer such questions and take such oaths as the Deputy Returning Officer may lawfully put to him. Every Elector after having voted ought to go away quietly from the polling station. . ^ ; (Signature), A. B., Retuming Officer. Dated 18 . ......... OATHS TO BE TAKEN BY VOTERS. : 30. Every Deputy Returning Officer shall administer to any elector, if required, either one or both of the fol- lowing oaths : . No. 1. You do swear tliat you are a bona tide male resident and houser holder within this polling division of this Electoral District, that . you are twenty-one years of age, that you are not an alien or an unenfranchised Indian, and that you have resided in this Electoral I : District for at least twelve months preceding the date of the iasue , of the writ for this election. So help you God. > J ■ No. 2. You do swear that you have not received any money or other reward, nor have you accepted any promise made to you, directly or indirectly, to induce you to vote at this election ; and that you have not l)efore voted at this election, either at this or any other polling station. So help you God. THE NORTH-WEST TERRITOKIES FRANCHISE. 233 31. The Deputy Returning' Officer shall, while the poll Addition of is open, if required by any elector whose name is not on th€ Voters' List, administer to such elector Oath No. 1 : and such oath having been taken, the Deputy Returning Officer shall at once cause such elector's name to be added to the Voters' List, with the word " sworn " written thereafter. 32. Every person whose name is on the Voters' List, swearing voters. unless sworn as in the last preceding section provided, before being permitted to vote, if required by any candi- date, agent or electo.r, shall take oath No. 1 ; and. if he refuse to take the same his name .shall be erased from the Voters' List, and the words " refused to be sworn," written thereafter. 33. Every voter shall be entitled to vote whose name votcMoniint is on the Voters' List after the said List has been cor- rected as provided in the next two preceding sections ; but if any such voter, When required by the Deputy Returning Officer, or by any candidate, agent, or elector, refu.se to take Oath No. 2, he shall not be permitted to vote, and if his name has been entered in the Poll Book , it shall be erased, and the words " refused to take Oath No. 2 " written thereafter. I'' :,: II '■ i Xi 1 : PART II. wfm THE ELECTION LAWS. :U|- I •• ' ', I ■ 1 CHAPTER I, CORRUPT PRACTICES. Corrupt Practices aecordine to the Doniinion Con- under Domin- " Ion LawH. troverted Elections A.ct (a) mean Acts in reference to Elections, which are declared to be corrupt practices by " The Dominion Elections Act, 1874," or any other Act of the Parliament of Canada, or recognized as. such by the common law of Parliament. The offences declared to be corrupt practices by the Elections Act (b) are bribery, treating and undue influence, as defined by that or any other Act of the Parliament of Canada, person- ation or the inducing any person to commit personation, or any wilful offence against certain specified sections of the act ; which include, besides definitions of the above mentioned offences, (c), the giving or causing to be given to any voter on the nomination day or day of polling, on account of such voter having voted or being about to vote, any meat, drink or refreshment (d), and the hiring, paj'ing or promising to pay for conveyance of voters to or from the poll (e). ' ' • ' *. ' . (o) 37 Vic, c. 10, s. 4 ; cap Oa. 8 2 of new Revised Act as in (.'onimissioners' Report. (6) 37 Vic, 0. », 8. 98 ; Reviaed Act, .s. 92. • . . - • .■ : ^ •-**-" ' (c) See 88. 92, 93, 94, 9r» and 97- s * ' {i/l) See last clause of sec. 94. .. . . (e) See sec. 96. - . - , . (237) Wv^ ^ 288 OOURUPT PKACTICKS. Hi In : ' )' i. n ■V: 1,1 11 \ Under Ontario Laws. Effect of (;<>r- rupt procticeH on election. Under the Controverted Elections of Ontaiio (/), and the Election Law Amendment Act, 1884, the term " Corrupt Practices " covers not only the above offences, but also the furnishing drink or other entertainment to any meeting of Electors, assembled for the purpose of promoting such election (fj), the selling or giving of spirit- uous or fermented liquor <»r strong drink at any hotel, etc., during the hours of polling {h) ; betting, or the participation therein, by a candidate upon the result of the election in the electoral district or in any part thereof, or on any event or contingency relating to the election (i), providing money to be used by another in such betting {j), betting by any person for the purpose of influencing an electioij (k) ; voting by prohibited persons or inducing or procuring them to vote (l). Proof of corrupt practices by a candidate or his agent necessarily involves the avoidance of the election, and, if the candidate be peisonally guilty, his personal disquali- fication, whether the election be under Dominion or Ontario laws, unless in the latter case the Judges exer- cises a saving power given them under certain circum- stances by the Ontario Election Act (m). (/) Rev. StatB. Ontario, c. 11, s. 2, subs (6) ; 47 Vic, c. 4, ig) Rev. Stats., c. 10, s. 151. (h) Sec. 157. This offence is confined to hotel -keepers, etc., though a candidate present and participating in such offence will be disqualified, as having suffered a corrupt practice to be committed by or with his actual knowledge and consent. See post ; Lennox 2 Oilt. El. Cases 41 ; N. Wentworth, 1 H. E. C. 343. (i) 47 Vice. 4, 8. 3(0nt.). • '■ ' (j) lb. subs. (2). • . ., {k) lb. subs. (3). (/) lb. Section 4. (m) Sec. 162 of the Rev. .Stats. Ontario, c. 10 ; see further, as to effects of corfd^ practices, chapter on Penalties, post. .,1 (JORRUPT PRACTICES. 239 BRIBERY. By the Dominion Elections Act 1874 (mx), sec. 92, the Dejiniuong followino persons shall be deemed guilty of bribery, and of bribery uncfcr ° ' & ^ J' Dominion Act. shall be punishable accordingly : — (1.) Every person who directly or indirectly, by him: Briber* self, or by any other person on his behalf, gives, lends or agrees to give or lend, or offers or promises any money, or valuable consideration, or promises to piocure or to endeavour to procure, any money or valuable con- sideration, to or for any voter, or to or for any j)ersot», on behalf of any voter, or to or for any person in order to induce any voter to vote, or refrain from voting, or corruptly does any such act as aforsaid on account of such voter having voted or refrained from voting at any election ; (2) Every person who, directly or indirectly, by him- self, or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers or promises any office, place or employment, or promises to procure, or to endeavour to procure any office, place or employment, to or for any voter, or to or for any other person in order to induce such voter to vote, or refiain from voting, or corruptly does any such act a?? aforesaid, on account of any voter having voted or refrained from voting at any election ; (3.) Every person who directly or indirectly, by him- self or by any other person on his behalf, makes any gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person, in order to induce such 'person to procure or endeavour to procure the return of (mx) 37 Vic. c. 9, a. 92. Cap. Na. s. 85 of the Act as revised by the Oom- missioners. I' 1 iij ;< • m I I •I \ It --■' t li. '\U. ■'. iilii: -i«i'- |nl> s^i in 240 CORRUPT PRACTICES. any person to serve in the House of Comujoiis, or the vote of any voter at any election ; (4.) Every person, who, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement procures or engages, or promises or endeavours to procure the return of any person to serve in tlie House of Com- raoPu, or the vote of any voter at any election ; ^^very person who advances or pays, or causes to bt j.d,id, any money to or for the use of any other person; with the intent that such money or any part thereof shall be expended in bribery, or corrupt practices at any election, or who knowingly pays or causes to be paid, any money to SMy person in discharge or repayment of any money wholly or in {)art expended in bribery or corrupt practices at any election ; And any person so offending shall be guilty of. a « misdemeanor, and shall also be liable to forfeit the sum of two hundred dollars, to any person who shall sue for the same, with full costs of suit (n) : provided always, that the actual personal expenses of any candidate, his expenses for actual professional services performed, and bona fide payments for the fair cost of printing and advertising, shall be held to be expenses lawfully incurred, and the payment thereof shall not be a contra- vention of this Act. . f^ Briboex. By Sectiou 93 of the same act (o), the following persons shall be deemed guilty of bribery, and shall be punishable accordingly. : — (1.) Every voter who, before or during any election, directly or indirectly, himself or by any other person on (n) See chapters on Penalties, poftf. These acts on the part of a candidate or hiB agent, void his election. fo) See 8. 86 of the revised Act. ' CORRUPT PRACTICES. 241 his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment, for himself or any other person, for voting ()!• agreeing to vote, or for refraining or agreeing to rofrain from voting at any election ; (2) Every person who, after any election, directly or indirectly, himself or by any other persons on his behalf, receives any money or valuable consideration for having voted or refrained f;om voting, or having induced any other person to vote or refrain from voting at any election ; Anl any person so ottending shall be guilty of a mis- demeanor, and shall also be liable to forfeit the sum of two hundred dollars to any person 'who shall sue for the same, together with full costs of suit (p). The definitions in the Ontario Act are the same {q). Ontario Act. Bribery is also an offence at common law (r) ; as is common uw , , offence. also the mere otier oi a bribe {rr). If the money or other consideration be given before the Before the Eiec vote is given, it is ipso facto, bribery, i.e., the presump- tion will be that it is bribery unless the contrary be shewn ; but if it be given after the vote is polled, it must After the ei»c tion. be shewn to have been done " corruptly." " Where the legislature has not introduced the word 'corruptly ' (s), and the natural and reasonable inference from the act is that it was an act done for the purpose contemplated, the legislature has treated it as corrupt without mentioning (p) See chapter on Penalties, pont. (q) Rev. Stats. Out. c. 10, sees. 149 and 150. The proviso to sec. 149 has how- ever been amended by 42 Vic. c. 4, s. 19, (Ont.) (r) The King v. Pitt, 3 Burr. 1,338; Rei/ina,ex rcl. McKem v. Hogg, 15 U. C. R. 140 • Regina v. Bunting, 7 Out. R. 524. (rr, -»ea; V. Vawjhan, 4 Burr, 2,500. . ", . • ' • •', f (h) As in the first part of subs. I of sec. 92, antn. wir ,1 ' 242 (!ORRUPT pra(;tices. .f, 1. ! '^1 ill i I Oflerx. Payment of anything more about it; but in thoHe cases (t), in which it seeniH intended that tlie Court should not infer the purpose simply and solely from the act, it has introduced the word 'corruptly ' " (u). An offer is as bad as the actual payment of money (v). The offer will equally amount to bribery, even though the thing offered be of no value (iv). But the evidence to prove an unaccei)ted offer is required to be stronger and more exact than that required to prove a bribe actually j^iven or accepted (x). A statement, however, that an offer to bribe was made in jest will be received with great sus))icion. A briber may make an offer, which he intends should be taken seriously, and then, in the event of its not being accepted, shelter himself after- wards with the plea that it was only in jest (y). The [)ayment of a legal debt due a voter may be bribery. " It is always open to inquire, under statutes of this nature, whether the debt was simply paid in accordance with the legal obligation to pay it, or whether it was in fact paid or secured in order to induce the elector to vote or refrain from voting " («). Bribery is not confined to ft) As in the latter part of subs. 1 of sec. 92, aiite. (u) Limerick, 1 O'M. & H. 262. See &\m Stroud, 2 CM & H. 184; Harwich, 3 O'M. & H. 70 ; Cooper v. Slade, 27 L. J. Q. B. 451 ; 6 H. L. C. 746. fvj Coventry, 1 O'M. & H. 107 ; Staleyhridffe, lb. 66. (to) Bewdfey, 44 L. T. N. 8. 283. The following words by a candidate to an elector at an election : — "Si tu n'eat pnx mal ractice ((f). A promise hy a candichite that, if elected, he would lay sidewalks at his own expense in the liumicipality is a <;orrupt promise and will avoid an election (h). The employment of vote's in and ahout the election is t'orhidtlen l>y*s. II sid>s. (h) of the Dominion Frandiige Act and sec. 7.*^ of the Dominion Elections Act, th<' penalty beinj^ the disqualification of such persons from vctinjj (i). To make the oH'ence a corrupt piactice, however, suHicient to avoid tlie election, it is necessary to show that the employment is colorable — in other words, that it amounts to bribery, Formeily the practice prevailed "a Knjjland of employing; on behalf of "Waiiiipm.' tj, candidate largt^ nundters of persons termed " watchers" i.e., persons (voters) to watch the polls, the excuse being that breaches of the peace or other troubles w^^re feared, and it was neces.-.ary to thus provide against such con tingencies — " to pay men for what is called watching, but in reality doing nothing" {j). The colorable employ- J'roi liHi' lo la.v Ni. 282. (.7) M,-ijautir, » Sup. ("t, 27». (h) liohn-l V. /icrframl, 2 L. N. n>8, S. C. R. 187!> ((^le.). (i) The Onturio liiw is Hiinilnr ; see Rev. StiitB. Out., o. 10, h. '» ; 41 Vic. (Out.), o. 21, 8. .S, sulm. 4. (J) «r»r«//*.y, 1 O'M. & H. 20. . , * CORRUPT I'RAtrnCES, 245 merit of voters in this way, whether to secure their votes or to prevent thcsir voting for the opposite })arty was held to be a ccirupt practice (/:) ; and the same rule applies in (Canada (/). Whetlier the employn)ent was coloiablo or not is a (piestion of fact, and the nund)er of persons employeil, the pioportion of those perstis who were voters, the class and amount of work (h>ne, and the amount of payment in proportion thereto, are circum- stances to be considered in relation thereto, (m). The . Election Act, it may be remarked, makes full provision for the preservation of order at Elections by the return- ing offvvjei', who should be applied to in case trouble is anticipated (n), and the Ontario Act iloes the same (o). The (puistion of the etl'ect of ' the employment of (;,iinaH»oi» »mi , , , . .* . orutor-. canvassers and s|)eakers upon an election is a Very important one for the candidate, ar.d uidortunateiy the law raiuiot be said to be in a satisfactory condition of certainty upon the point, so far, at all events, as Dominion elections are concerned. Under an Act of the Quebec Legislature, similar to the Domiinon Act, it was held l)y the Quebec Courts that the employment and • payment bona fide of an elector as canvasser was not a corrupt practice {p). The Quebec Legislature promptly (iucboLiuw met this, by an amendment of their Act, making the payment of canvassers a corrupt practice {q). No such amendment has however been made to the Dominion or ' Ontario Acts, but it has been established in se" . "•»! (k) liewiUey, I O'M. A H. 20, also Nolthnihum, I O'M. & H. 24(» : /ioslon, H O'M. & H. 151 ; Ox/oril, li O'M. At. U. 155 ; SatiKhiiri/, li O'M. * H. l.M ; SulUhitnf, 4 O'M. & H. 22. {!) Charlevoix vmty H Hup. Ct IXl {id) Seci also Durham, 2 O'M. & H. I.'IT. (n) St!(j ;{7 Vic, c. », H. Si, rt HI! I! also Charlevoix cane, 5 Sup. i't. \'.VA. ir.) 1U)V. Htuts. i)iit., c. 10, H. I.S5 et (/)) (/nebec East raw, 1 i) L. R 2»5 ; CimiraH v. Sheyn, 1 W- I- '<• '-'<>•"»• (q) .'{» Vic. c. 13, a. H>, Que. m 8 I f n 'ir. 11 I T 246 ' CORRUPT PRACTICES. Ontario provincial cases that the ho7ia fide employment of canvassers and [)ersons to distribute cards and placards is not illegal (7') ; and Cameron, C. J., in a recent case states that he can see no distinction between the emplojnient of an orator or public speaker, so called, and a canvasser (s). As the Ontario Court of Appeal, the Ontario law. court of final resort in regard to Ontario Provincial cases, has come to a decision upon the subject (t), it ma}' be considered that the law, at all events as regards the employment of canvassers, is settled, so far as elections for the Ontario Legislature are concerned. The law with regard to Dominion Elections nnist however be referred to. iSorth Ontario Mr. .Justice Armour in the North Ontario (Dominion cane. Armour, J. EUctioii) Cuse (u) held that the payment of canvassers and orators was within subsection 3 of section 92 of the Elections Act, which declares that " every person who di- rectly or indirectly, by himself or by any other person on his behalf makes any gift, loan, offer, promise, procure- ment, or agreement as aforesaid, to or for any person, in order to induce such person to procure or endeavour to procure the return of any person to serve in the House of Commons, or the vote of any voter at any election is to be deemed guilty ©t bribery " ; and that such payment was not covered by the proviso at the end of the section, which provides " that the actual personal expenses of any (r) E. Toronto, 1 H. E. C. 70 ; W. Toronto, 1 H. E. C. »7 ; Lnniox, 2 Ont. El.' Cases, 41. {s) AcHwo-r, 2 Ont. El. Cases, p. Hi). It is evident that Camet'on, C. .)., was in error when he stated, (p. 68) that the majority of the Judges of the Supreme (/ourt, who gave judgment in the N. n l)eihg, in <»se ot tlie (!inpl()yee J>«;iri<^a voter, the loss of his vote. He nioreovor seems to consi«lei' the " professional ser- vieeH " of an aloying them, is not within the act; "for," says his lor as was pointed out by the learned judge in his judgment, bribery of influence is more extensive, more effectual and uribery of influ- ence. more pernicious thati tli(- bribery of a voter merely to give his vote. It is difficult to conceive any conduct more odious and corrupt than that of the advocate who, by his oratorical powers, and th«' extent of his acipiaint- ance with the electors which the practice of his profes- sion among them had given him, while concealing the fact that his piaise and his advocacy was purcha.sed, slum Id, under the assumed character of an independent elector disinterestedly and conscientiously in the public Iff**^ .'I it III I '■< ! >■ |>i^' i!: J l\, l!ii' ... i ,i il . iiik ..- 262 COUJIUPT TRACTICKS. interest supjjortinj; a particular can(Jin (suhs. :i) of the smallest particle of its literal force and effect. Parliament has deemed it necessary to enact this peK'mptory provison, in order to secure the utmost purity in the; election of members to serve in parliament, and to make them in reality, as in riaiie, the freely chosen representatives of an independent people. And, undoubtedly, the; promise to [)ay H. even his ex- pense's attendin;^ his rendering the services which, the appellant admits he agreed to render, does come within the letter of the clause, unless it comes within the pro- tection of the proviso," which the learned Judge then quotes, ade North Ontario case, the candidate is, how- ever, safe in arriving at this conclusion — that the color- able (in othei' wonls corrupt) employment of voters. either as speakei's or canvassers is a coirupt practice, a result previously involved in the English decisions. As to whether even the personal expfcuses of a speaker or canvasser may be promised bona fide to be pai2() were st-nt him by thi' respondent for his expenses, and $o hy Mr. Tranche mo7ita be the Supreme ('ourt really turned in the North Ontario avoided. case, namely, as to the precise nature of the promise made by the candidate, a word may be said.- The majority of the Court would seem to have arrived at the conclu.sion that to promise to pay a voter such expenses as might be afterwards ascertained to be legal would no£ be within the mi.schief of the Act. To make promises (/) Berthhr, 9 Sup. Ct. i>c.r Strong, .1., p. 131. ii # IMAGE EVALUATION TEST TARGET (MT-3) / A O '■^^ ^ //J,. ^S (/.. 1.0 I.I 1.25 lis IIIIIM 1.8 1-4 IIIIII.6 <^ W //,. 7 m /A '/ "«> o^ I 256 CORRUPT PRACTICES. Ill i' ii : i of this description, however, whether in feigned or real ignorance of the law, should be avoided by canditlates (g). Betting and Inducing an elector to bet in favor of a candidate for supplying o Mng.^^ '°' ^'^^ whom the otlier party to the wager desires to obtain his vote or influence, in order to obtain such vote or influence, has been held to be bribery, and, when practised by an agent of the candidate, to avoid the election of rjoh candidate, as has also a similar device to induce the voter to refrain from voting against the candidate by inducing him to bet that he will not vote — 'even in a case where the agent denied any corrupt intent and the voter statef (Statutes as revised by conimissioners. CORRUPT PRACTICES. 259 unlawful act, and the person so offending shall forfeit the sum of ten dollars for each offence to any person suing for the same, with full costs of suit. • By section 1*8, Treating (defined in the first part of the a corrupt prac- above section;, or any wilful otfeiice against the latter part of the section are declared " corrupt practices." « Though section 2 subsection (.» of the Ontario Contro- The Ontario Act verted Elections Act (r) makes ' Treating" as defined by that or any act of the Legislature of the Province or by common law, a " corrupt practice," singularly enough the offence of treating, ct> nomine, is not defined by that Act nor by the Ontario Election Act, but sections 152 and 153 of the latter Act declare the offences defined by sec- tion 94< of the Dominion Act (as above), in almost iden- tical language, to be "corrupt practices," and it seems to have been assumed in most cases under the Provincial . Acts that these offences were within the definition of corrupt practices contained in the Controverted Elections Act, and therefore sufficient to void an election (s). The use of the word " candidate " does not confine the "candidate ■ operation of the section to acts done after the dissolu- tion (t). To avoid the election the treating must have been Must be done done corruptly (w)-^" 'corruptly ' means an act done by t^'nt. """"''* "' (r) Rev. Stats. Ont.,c. 11. {,s) The omission is pointed out by Osier, J. A., in the N, Ontario (Prov'l.) case, 2 Ont. El. cases p. 17 ; and by Patterson, J. A., in the W. Simcoe case, (1883) not yet reported, in which latter case it was held that the offence defined in s. 153 was not covered by a general charge in the petition of Corrupt Practices under the " Contro- verted Elections Act." Further and more important differences between the Dominion and Ontario Acts are pointed out furtiier on. ■ (0 Youghal cane, 1 O'M. & H. 293. (?i) JacqiwH Cartler, 2 Sup. Ct. 245. A 17 r S' ■ i 1 i i i; ■i 1 fii'itmiujg--' r ■ ■ ! ... 1 ■ :M nL Nomination ur pollin;r day. 260 CORRUPT PRACTICES. a man knowing that he is doing what is wrong, and doing it with an evil object." (v). The giving of meat, drink or refreshment on nomina- tion or polling day, nnder the latter part of section 94, must, in order to affect the election, be coupled in .some mannei- with " such voter having voted or being about to vote " (w) and must under the Dominion Act be a " wilful " (x) offence, and though the word " wilful " does not appear in .sec. 153 of the Ontario Act (y) the effect is the same (z). The a'mou7vv of the treating is not material, if it be done for the purpose of influencing voters (a). Treatingincom- Treating, whcn done in compliance with a custom pre- pitance with -. i • i custom valent in the country and without any corrupt intent, will not avoid an election ; though one glass of liquor given with a view of influencing a vote will avoid the election (6). The general practice which prevails here of persons drinking in a friendly way when they meet would require strong evidence of a profu.se expenditure of money in drinking to induce a judge to .say that it was corruptly done, so as to make it bribery or treating at common law (c). Amount of treating not material. (v) Bradford, 1 O'M. & H, 37 ; Tamioorth, lb. 83 ; iV. Norfolk, lb. 242 ; Coventry, lb 106 ; Bodmin, lb. I2o ; Glenijorrij, 1 H. E. C. 8 ; N. Middlesex, 1 H. E. C. 376 : N. Ontario, 1 H. E. C. 786 ; S. Norfolk, 1 H. E. C. 660. (;.i) Per Richards, C. J., 'ax Jacquea Carder, 2 Sup. Ct. 242 and 24") ; per Meredith, C. J., in Porlnmf, 2 Q. L. R. 268 ; Blake, V. C, in Eaxt Eltjin, 1 H. E. C. 769 ; N. Victoria (2) 1 H. E. C. 703 ; 37 U. C. Q. B., Richards, C. J., p. 244. (a;) See however, as to meaning of " wilful," Selkirk, 4 Sup. Ct. 494. (y) Rev. Stats. Ont., c. 10. {z) Lennox, 2 Ont. EL, C. ■il. ~ . ' (a) Ilebert v. Hanniwjton, 6 All, (N. Br.) 530. (6) Per Strong, V. C, in Wetland, 1 H. E. C. 47 ; but see Rev. Stats. Ont., c. 10, 8. 162. (c) Per Richards, C. J., in Kinfiston, 1 H. E. C. 625 ; N. Ontario, 2 Ont. El. Ctise* 1 ; but see remarks of Richards, C. J., in Jacquex Cartier, 2 Sup. Ct. 247. CORRUPT PRACTICES. 261 . As the offence of treaitug is one of intent, a distinc- ordinary habit . of person treat- tion has been made ui lavor or a candidate whose oceii- «"«:. wiii be con- sidered to shew pation and habit at all times led him to treat at taverns r5"intent *'*" and who treated to a less extent during his canvass than was his habit, and not apparently for the purpose of in- gratiating himself with the electors (d). The same dis- tinction has been drawn in favor of an agent, who had been a candidate for various offices for twenty years prior to the election in question, and had freely enr ployed treating, as an element in his canvassing, and had become an agent of the respondent, and treated extensively, as was his common practice during the election (e). In both of the cases referred to the treating was held not a corrupt practice, though the same amount of ti-eating, if practised by one not theretofoie given to the [)ractice, would have been sufficient to have avoided the elec- indiscriminate tion (/). If, however, the evidence leads to the conclu- '^'^*** "^' sion that the candidate treats indiscriminately in ordei- to make for himself a reputation for good fellowship and hospitality, and thereby to influence voters to vote for him, it would, according to the opinion of Spragge, C. , as expressed in the North Middlesex case (g), be consid- ered a species of bribery which would avoid the election. Blackburn, C. J., said (h), " I think, however, the inten- tion by such means to gain populartty and thereby to affect the election, or even if the case is, as very often perhaps it is, that persons are afraid that if they do not provide entertainment and drink to secure the strong ( d ) North Middlesex, 1 H. E. C. 376. (e) East Elgin, 1 H. E. C. 769. (/) Ib^d- ' . . ((j) North Middlesex, 1 H. E C. 376. (h) Wdllingford, 1 O'M. & H. 58, quoted in Mallow, 2 O'M. & H. 22, and in N. Middlesex, 1 H. E. C, 376 ; but see as to such treating by an agent, E. Toronto, 1 H. E. C. 90-91. m in Hi 1 ! 1 , 1 ', i 1 1! 1 lil m ir-t Mi^ 11 262 CORRUPT PRACTICES. interest of the publicans and of the persons who take drink whenever they can get it for nothing (who are always a numerous body) they will become unpopular, and they therefoie provide it in order to affect the elec- tion, when there is an intention in the mind either of the candidate or his agent to produce that effect, then I think that it is corrupt treating, and the seat ouglit to be considered vacated." • ' Givinjf meals on Tliough the giving of fVce dinriers to electors who had polling day, . . • . come a long distance in severe winter weather, in the absence of evi'', ■ M^ i^i ■ ) } t£ MIJ u. il 1 < ?, ' 1^ i '[ ' WM ^ ^ :: i jJij |n 1 " ' '*! ?■■ ^- k < 4 ' i i ;:S i A Ji 1 w 'i. 1 ^3 Offence defined " No Candidate for tlie representation of any Electoral District shall, nor shall any other person, either provide or furnish drink or other entertainment at the expense of such candidate or other person to any meeting' of electors assembled for the purpose of promoting the election previous to, or during such election, or pay oi- promise or engage to pay for any such drink or other entertain- ment, except only that nothing herein contained shall extend toany entertairunent furnished to any such meet- ing of electors by or at the expense of any person or persons at his, her or their usual place of residence. 2. Every person offending against the provisions of thia section shall incur a penalty of one hundred dollars." By section 2 subsection 6 of the Controverted Elec- tions Act of Ontario (r), any violation of the above section is made a corrupt practice. As this section stood prior to 1873, it contained the words, " with intent to promote his election," and " with intent to promote the election of any such candidate "(s)- These words were struck out and the clause re-enacted as it now stands in 1873. This change did away with tho necessity of showing a corrupt intent, and a violation of the section being now, by section 2 subsection 6 of Revised Statutes, cap. 11, made a corrupt practice, it fol- lows that the violation of the section is complete without any evidence of intent (ss). The offence, if not commit- ted by the candidate, must be shown to have been com- mitted by an agent in ordei* to affect the election under section 158 of the Election Act (t). (r) Rev. Stat. Ont. c. 11. (8) See Act of 18fi8. (ss) Thougli to disqualify candidate such intent must be shewn ; see 48 Vic. c. 2, 8. 18, poHf. it) N. Victoria, 1 H. E. C. 252 ; Ha/ton, 1 H. E. C. 283 ; N. Ontario, 1 H. E. C. in appeal, p. 843; W. WeJliwjtmi, 1 Jl. E. C. 231 : E. Middlemx, 1883, not yet reported. Penalty. A corrupt (uac tice. Not a (jueBtion of intent CORRUPT PRACTICK«. 265 mectln)(8 Bv a recent decision of the Court of Appeal (u) it has conmiittee '' _ I I V / ineetingfg. been finally decided that committee meetings, as well as public meetings, are within the section. The treating of persons casually met at a tavern, however, is not a meet- ing of electors under the section (v). The meeting of electors for the nomination of candi- Nomination dates is a "meeting assembled for the purposeof promoting the election " ; though where, after the business for which the electors had assembled was over, the electors left the building in which the meeting war. held and dispersed to various taverns, at which their vehicles had been put up, and then before leaving for home treated each other; and at one of the taverns the respondent himself partook of a treat, this was held not to be a violation of section 151 (w). But where an agent of a respondent, on the day of nomination, while the speaking was going on, treated a large number of persons at a tavern across the street from the place of nomination, for which he paid $7 or $8, it was held a treating of a meeting of electors to promote the election, and although the agent was not actuated by any corrupt motives in giving the treat, the act was held to be one which came within the meaning of the statute as a corrupt practice (x). A similar decision was given where an agent, after a public meeting went with a number of electors from the place of meeting to a tavern and there treated many times, as did also a supporter of the opposing candidate (y) ; though where such a meet- ing had dispersed an hour before, a treat by a candidate to a number of the electors at a neighbouring tavern was («) East Middlesex Provincial Election 1S8S, not yet reported. (v) London, 1 H. E. C. 214 ; Diindas, lb. 205 : .V. Ontario, 2 Ont. El. C. I. (to) N. Middlesex, 1 H. E. C. 376. (a;) Dnndas, 1 H. E. C. 205. iy) E. Peterhoro\ 1 H. E C. 245. %- llM|. - i! IJiiii 266 CORRUPT PRACTICES. Candidate treat lield iiot within the Act (s). Where a candidate was infr mooting. , • i i • found to have violated tlie section, though ignorant of the legal eflfect of the Act, he was held not to come within the provisions of the saving section 1G2, in that he did not coine within the other provisions of that section, and was disqualified (a). Selling or giving liquor on polling day under Ontario Latv. .% -I A corrupt prac tioe. . Offence defined. By Scctioii 1 o7 of " The Election Act of Ontario" (h), " no spirituous or fei'inented liquors or strong drink shall be sold or given at any hotel, tavern, shop or other place within the limits of the polling subdivision, during the polling day therein or any part thereof, under a penalty of one hundred dollars for every offence ; and the ofifender shall bo subject to imprisonment not exceeding six months at the discretion of the Judge or Court, in default of payment of such fine." By section 2, subsection 6 of The Controverted Elec- tions Act (c) any violation of the above section during the hours of polling is made a corrupt practice. This is the second of the two treating offences atjove referred to as being made corrupt practices by the Ontario but not by the Dominion law {d). Nature of treat. The uatu "o of the treat, as for instance where made in a bar-room the evidence shewing that decanters were put (z) Dundaa, 1 H. E. C, 245. (a) Muskoka Provincial Ekctiov, ISSJ, not yet reported -but see 48 Vic, c. 2, s. 18 post, {b) Rev. Stats. Ont., cap. 10. (c) Rev. Stats. Out., c. 11. - - (d) Sec. 91 of 37 Vic, c. 9, makes the same thing an offence punishable by fine and imprisonment, but it is not made u corrupt practice by that or any otlier Dominion Act. CORRUPT PHAOTICES. 267 down, may be in itself suftieieiit to raise a presumption that the treat was of spirituous liquors (e). Four conclusious have been arrived at by the Court of Appeal with regard to the above seetion (157) : 1. That the words " or other place" in the section apply only to places " ejusdem generis " with those specified in the section (e.g. saloons, etc.), and that giving liquor in a blacksmith shop does not come within the section (/) nor constitute coirupt practice, unless done with a cor- rupt intent, or unless it is in some way connected with the voter's " being about to vote or having voted " (g). 2. That the penalty contained in the section a|)|)lies only to the keeper of the house, so that " no agent of the candidate will, by giving liquor to any person within the prohibited hours, be guilty of a corrupt practice avoiding the election, unless lie is the keeper of such house" (h), or ujiless he comes within one of the preced- ing sections by giving it with a corrupt intent, or ' on account of such votei- being about to vote or having voted." 3. If a candidate paiticipate in or is in any way party to a treat in a tavern during polling hours, a corrupt practice is committed " with the actual knowledge and consent of the candidate " and his election is thereby avoided and himself disqualified (i) ; though corrupt intent is now necessary to cause disqualification of the candidate under 4*8 Vic. c. 2, s. 18. ConcI' 'ons of Coiiri, \ppeal on », 157. Offence con- fined to lioteN, etc. Only applies to ai;entM who are hotel keepers, etc. If candidate participate. (e) North 'Icforhi, 1 H. L. C. 252. (/) Lennox, 2 Ont. El. Cases, 41 ; .S'. Ontario, I H. E. C. 420. ... {[/) Under sees. liVi and 153. (A) I'er Moss, J. A., in S. .Ontario, I H. E. C, p. 457 ; Lennox, 2 Ont. El. (-'ases, 41 — or person acting for the keeper, per Patterson, J. A., in S. Ontario. ■ (i) N. Went worth, 1 H. E. C. 343; N. Grey, 1 H. E. C. 362; S. Ontario, 2 Unt. El. Cases, per Burton, .1. A., p. 446. . { ^5t™^ i< » ii; .11 M i! m fiim^ 1' i : . '•! '' .1)1 |: ; SB «' I ' 2fi8 CORRUPT PRACTICES. Immaterial 4. It matters not whether the person to whom the whether person _ _ ' treated a voter liquor IS sold or ffiveu be a voter or not ; " the offence or not. •• " ' does not dep.end upon tl\o character of" the persorj treated " {j). Corrupt Practices hy Treating under Ontario Law Summarized. Cameron, 0. .1. Chief Justice Caiueron summarizes the cases in which the use of liquor is made a corrupt practice as follows (k): Corrupt treat " Flrst. When it is given at any time to induce an elector to vote or reTiain from votnig. On account Second. WhoH it is given to a voter on nomination or votef or havin^r polling day, anywhere, on account of his heina' about to voted. , 1 • , vote or having voted. TreatinK meet- Third. Fumishing it to a meeting of electors assem- \ugs of electors. , , , i i • • i bled to promote the election at any time or any place, except at the usual place of residence of the candidate or person furnishing it. Selling orgiving Fourtk. Selling or giving it within a pollin'^ i- on Polling day. .... „. , " ^ ,,_ division on polling day, contrary to sec. lo7. All the provisions except the last extend to any nd of drink or refreshment, and to any place, while th ast alone is restricted to strong drink, and applies to the selling or giving liquor to a non-voter as well as voter," (and, it may be added, only to giving or selling in a hotel, etc., by the keeper, or person acting as keeper, of the hotel, etc.). * A dvice to Agents as to Treating. Warning. "H caimot be too seriously impressed on all those who may be in any way acting to further the election of a (j) 8. Ontario, per Draper, C. J., Patterson aiul Moss, .J. J. A. (k) Lennox, 2 Ont. El. Cases, at p. 67. 'T"ll!l' 1 1- CORRUPT PRACTICES. 269 candidate, and who can properly be considered agents, the absolute necessity of avoiding the furnishing of re- freshments to electors during the contest, whatever may be their motive in doing so. When a course of conduct which, in view of surrounding circumstances, may bear a favourable construction, but is considenjd open to serious objections, is followed after repeated warnings- Courts and Judges will feel less inclined to put the favourable construction on such conduct, and will have less hesitation in deciding that parties who will persist in acting recklessly after repeated warnings, intend to act illegally " (0- UNDUE INFLUENCE. The 95th section of the Dominion Elections Act, 1874 (m) is as follows : "Every person who, directly or indirectly, by himself offence defined. or by any other person on his behalf, makes use of, or threatens to make use of any force, violence or restraint, or inflicts, or threatens the infliction by himself, or by or through any other person, of any injury, damage, harm or loss, or in any manner practises intimidation upon or against any person, in order to induce or compel such person to vote or lefrain from voting, or on account of such person having voted or refrained from voting at any election, or who by abduction, duress or any fraudu- lent device or contrivance, impedes, prevents or other- wise interferes with the free exercise of the franchise of any voter, or thereby compels, induces or prevails upon any voter either to give or refrain from giving his vote at any election, shall be deemed to have committed the m (/) Per Sir W. B. Richards, (' J., in Jacques Cartier, 2 Sup. Ct. ivtp. 247. (m) Cap. Nff. sec. 88 of statutes as revised by Commissioners. sa msm ^ 270 CORRUPT PRACTICES. i r ly m i^ A corrupt prac- tice. Same under Ontario Acts. Proper defini- tion. offence of undue influence, and shall be guilty of a mis- .demeanor, and shall also forfeit the sum of two hundred dollars to any person suinjv for the same, with full costs of suit. By section . 98 undue influence is made a corru[iit practice. Section 155 of the Election Act of Ontario (?i) is iden- tical in terms, except that the offence is not declaied to be be a misdemeanor, and costs of suit for the penalty are not provided for in the section. Section 2, subsection 6 of The ('ontroverted Elections Act of Ontario (o) makes the oflenco a corrupt practice. " The proper definition of that undue influence which was dealt with in 17 and 18 Vic, c. 10'^, s. 5 " (identical in terms with the ahove) "is using any violence or threat- ening any damage, or resorting to any fraudulent con- trivance to restrain the libertj' of a voter, so as either to compel or frighten him into voting or abstaining from voting otherwise than he freely wills" (p). Whatever, under ordinary circumstances, it is bribery to promise, it is intimidation to threaten the deprivation Among the acts and threats which will come within the section are : Withdrawal of custom from a tradesman or other peison ; Eviction of a tenant voter ; Threats by fellow workmeri ; Dismissal from employment ; Abduc- tion of or fraud on voter ; Inciting mobs or paying men to interfere with |)ersons going to the polls. ..„^, , "Whether the ill-treatment be violence or damage Withdrawal, or o threat of with- (Jqjj^ ^y (he removal of custom, or business, or employ- cases within the section. I ^: It (n) Rev. Stats. Ont., cap. 10. (o) Rev. Stata. Out., cap. 11. (p) Per Willes, ,1., in UchJieMI, I OM. & H. a'Z. (g) Weatbury, 1 O'M. & H. 52. ^ CORRUPT PRACTICES. 271 midatioii. nuent, is immaterial ; if it is done with a view to affect adrawaiof ciw- voter or interfere with the free exercise of the franchise, it is within thje prohibition " (r). " Undoubtedly, v/!ien the election is over, a man may Eviction, or , , ,, II, 1 o • , threatenedevic- employ whom he pleases ; but to make use oi it as a uon of tenant. threat during an election to withdraw his custom in order to influence the election, is, I think, as clearly an infrac- tion of the 5th section of the Act as it would be if a land- lord were to say to his tenant, ' If you do not vote so-and-so I will turn you out of your house ' " () Per Fitzgerald, J., in Longford, 2 O'M. & H. 16,;. see also Tipptmry, 2 O'M. 4;H. 31. (a:) Galway (County) Judgment, per Keogh, J., and 2 O'M. & H. 56; see alao Galway ( Town) case, judgments 347 ; HamUton v. Beauchesm, 3 Q. L. R. 75, 8. O. 1876. ' (y) See C. 1, & P. P. Act 1883, s. 2. . (z) J Sup. Ct. 195. • CORRUPT PRACTICES. 273 part of tho priesthoo P , 1 or fraud on hibited by the section. Iwo agents or the respondent voter, ^ave a voter whiskey on polling day, and took him in a boat to an island, where they stayed for some time. One of the agents then left, and the other sent the voter to another part of the island for tlieir coats. During his absence the latter agent left the island with the boat, but the voter got back in time to vote, being sent for by the opposite party : Held, that the two agents were guilty of undue influence (d). (a) Blackburn, 1 O'M. & H. 204. (b) Blackburn, Judgments, 16; Wi'sthury, 1 O'M. & H. 51. (c) See Welland, 1 H. E. C. 187. (d) North Ontario, 1 H. E. C. 785. w H 274 CORRUPT PRACTICES. r ! I w, h\ ■fit ^t i Cards and oircii- ars intended to deceive i(( ^ ^ ! It was held in the Gloucester case, 1873 (e), by Black- burn, J., where cards had been sent lound to voters con- taining directions how to vote, that if a fraudulent intention could be inferred from the wording on the card, it would biing the case within the section, whether the voter had been influenced thereby or not ; that a fraudu- lent device to prevent a voter voting a certain way, whether successful or not, was contiary to the Act — for instance, if a voting card was intended to induce persons to believe that they could not vote for A, and that their vote would only be valid if they put a cross opposite the name of B. In the East Korthumherland (Ontario Pro- vincial) case (/), however, there were three candidates, F, W and C. A night or two before the polling some letters or ciiculars were sent by a member of F's agents to different leading men, stating that W, an independent candidate, had des|)aired of success and wanted his friends to vote for C, a report whicli W denied. Mr- Justice Gwynne says : " It is in my judgment distin- guishable from the Gloucester case, which is the only case reported having any resemblance to the present. There the Act complained of was one which, if it had been designed with the intent imputed, woOld have been calculated to have the effect of misleading persons, with- out any exercise of judgment, to place their mark on the ballot paper, opposite the respondent's name only, and so have been calculated to make persons, by a trick and deception, vote for a candidate for whom at the time of voting they did not intend to vote. In the case before me, the most that can be said is (assuming the statement in the circular to be false, to the knowledge of the parties issuing it) that they were by a falsehood appealing to the electors to exercise their judgment in the voting for the friend of the parties issuing the circular." ' . (e) 2 O'M. & H. 60. /) 1 H. E. C. 390. :U ill CORRUPT PRACTICES. 275 Candidates and their friends, however, who de.'ire to regard the law, shoiikl he careful that no cards or circulars containing misleading statements are sent out. An age/it inciting a mob to prevent peisons- voting> though it may not amount to general intimidation, is guilty of the offence of undue influence (g). Where persons are hired to come from othei places into the constituency by a candidate or his agent, for the piu'pose of intimidating' the o|)posite party, it will avoid his election (Ji), Though bodies of men may be introduced from other places as a defensive force, if done merely to pi'event intimidation by others, it is a highly dangei'ous step to take, and one which should only be adopted untler extreme circumstances [i). A mere attempt by an agent, to intimidate a voter even though unsucce.>3sful, will, it has been held, avoid an election (j) ; though when tiie agent of a candidate in the polling booth, in presence of the deputy returning officer, told a voter who claimed to vote on his wife's property, that he could not vote unless the property was his own, and on the oath being read over, by the deputy return- ing officer, the agent told the voter he could not take it, the agent believing, at the time what he said was true, and the voter in consequence of the doubt raised did not vote, Draper, C. J. A., declined to hold that a case of undue influence by intimidation had been made out.(fc). General intimidation of any kind, if it goes to the ex- tent of influencing the body of voters and preventing the Advice to candi- dates and friends. Inciting' mob. Hired iiitiniida- tors. Hirin),' defens- ive force. Attempt to inti- midate. General intimi- dation. {g) Stafford, Judgments, 293 ; 1 O'M. & H. 229. (A) Longford, 2 O'M. & H. 12. (i) Ibid ; if they be voters colorable employment in this way amounts to bribery, Charlevoix, 5 Sup. Ct. 150, see ante. ij) Northallerton I O'M. & H. 173, per Willes, J ; N. Ontario, 1 H. E. C. 304, per Wilson, J. ^ . {k) Halton, 1 H. E. C. 283. . ' *• ' A 18 i ; I 276 iu m ! i : m Ins (I! i! I m i H i m. Rioting. Qeneral intimi- dation of Crown debtors. General gpiritu- al intimidation. CORRUPT PRACTICES. ival freedom of election, will I'ender void an eleetion at common law without proof of agency (I). This rule applies to ::^eneral rioting even where the respondent polled an actual majority of the registered voters (m). It would apply also where, in a constitu'-.icy composed largely of debtors to the Crown on Crown Lands, an organizecJ and general .system existed, leading the electors to believe that supporters and opponents of the Govern- ment would be differently dealt with, so as to create any grounds of apprehension in their minds (/^). It applies also in cases of general spiritual intimida- tion (o). Mr. Justice Keogh, in the Gahvay (County) case, (p), said : " General bribery will invalidate an election, even though it be not dii'ectly traceable to the candidate ; I say that general ti'eating will invalidate an election, even ■ though it be not directly traceable to the candidate ; and I say above all things, that general intimidation atid un'iue influence, whether it is lay or ecclesiastical, whether it is the ecclesiastic of our persuasion cr the ecclesiastic of another, whether it is the Protestant Epis- coplian minister, or the Presbyterian minister, or the Roman Catholic priest, or the minister of any other of those innumerable sects which I believe are to be found existing over the face of the world, will upset every elec- tion at which it is practised." (I) Sta/eybridfje, lO'M.&H. 72; Salford, Ih. UO; North Durham, 20'M. &U. 186-, Cheltenham, 1 O'M. & H. 64 ; Staford, Judgments, 29') ; Nottingham, 1 O'M. & H. 246 ; DwUey, 2 O'M. & H. 121. (m) Cheltenham, Nottinfjham, Stafford, above ; though as to where intimidation is substantinlly on the side of the defeated -candidate, see, per (J rove, J., in Dudley, 2 O'M. & H. 121, in which, as well as in the North Durham case, the respondents though unseated, were not disqualified from running again, and being re-elected, on the ground tliat the elections were void, owing to general intimidation, and rioting, in wTiich neither the candidates themselves, nor their agents, took part. (n) Per Burton, J. A., in North Ontario, I H. E. C. 339. (o) Charlevoix, 1 Sup. Ct., per Ritchie, C. J., p. 229. (p) 2 O'M. & H. 56 ; s^e also Sonlanges case, (Sup. Ct.,) 21 U. C. L. J. (N. S.) 60. Ml CORRUPT PRACTICES. • 277 PERSONATION AND VOTING BY PROHIBITED PERSONS AND SUBORNATION THEREOF. Personation is thus detineJ by section 74 of The Dominion Elections Act 1874 (q). " A person shall tor all [)uiposes of the laws relating to offenco defined. Parliainentarv elections be deemed to be jjuiltv of the offence of personation, who, at an election of a member of the House of Commons, applies for a ballot paper in the name of some other person, whether such name be that of a person living or dead, or of a fictitious person, or who having voted once at any such election applies at the same election for a ballot paper in his own name." Subornation of personation is thus defined by section 97 of the same Act (r). " Every candidate who corruptly (.s) by himself or by or with any other person on his behalf compels or induces compelling or ■ . inducing pcr- or endeavours to induce any |)erson to peisonate any sonaUon. voter, or to take any false oath in any matter wherein an oath is required under this Act shall be guilty of a mis- demeanor, and shall in addition to any other punishment to which he may be liable for such offence, be liable to forfeit the sum of two hundred dollars to any person suing for the same." Personation or the inducing any one to commit per- sonation, or any wilful offence against the latter of the sections above quoted are by section 98 made corrupt corrupt Prac- practices ; and sections 75 and 76 are also to the .same effect, the latter providing for the avoidance of the elec- tion and disqualification of the candidate or " other person" during the Parliament for which the election is lices. {q) Sec. 90 of cap. No., of Acts as devised by Commissioners. (r) Sec. 91 of cap. Na. of new revised Acts. (s) The offence of aiding, etc., without the word " corruptly " being used is, by a subsection to s. 74 made punishable by a fine of $200, and imprisonment for a term not exceeding two years. i J I f!t!Mi> in If 1 3 ' 1 1 -w ^ 278 CORRUPT PRACTICES. Under Untario law. Aiding; and abetting. Voting by pro- held and during tlio then next Parliament, the ordinary term of disqualification under other section.s being seven years (0- The definitions in section 1")5 of the Ontario Election Act (u) and subsection 2 of section 2 of the Ontario Elec- tion Law Amendment Act, ISS^, are practically the sanae as the above ; and by section 2, subsection 1 of the last mentioned Act it is declared that "any person who aids or abets, counsels oi- procures, the conniiission of the offence of personation shall be deemed guilty of coiiupt practice." By section 4< of the Ontario Act last mentioned : " Any and hidudng'*' pt^i'^on who votes or induccs or procures any person to prohiwt^Tby '^'^t^ '^^ '^"^y '''action, knowing that such person has no Ontario Act. ,.jgi,t to votc at sucli election, shall be guilty of a corrupt practice, and shall be liable to a penalty of one hundred dollars " {v). Where one of two persons of the same name only is entitled to vote and the other one is ui'ged to vote by an- agent who thinks him the one entitled to vote, such agent has been held not a party to the ofi'ence of pei- . sonation {w). In England the pa^^ment of money to induce a person to personate a voter was held to amount to bribery {x), and Mr. Justice Willes expressed the opinion that in- ducing personation by others would be sufficient fraud at common law to avoid the election (?/), (t) See chapter on "Penalties under Dominion Laws," post. The word "cor- ruptly ■' used in section 97 is not found in sections 75 or 76. (u) Rev. Stats. Ont., cap. 10. (v) See further, chapter on Penalties under Ontario Laws, post ; sec. 5 provides for such votes being stkuck ofif the candidates, by whom or whose agent they have been procured, without examination of the ballots. See sec. 11, subs, (b) Dom. Fran. Act, and note, ante; see also W. Peterboro\ 1 H. E. C. 274. Cw) Gloucester, 2 O'M. & H. 62 ; Jb. p. 64. fxj Lisburn, VV. & B. 225. ' - (y) Coventry, 1 O'M, & H. 105. . • CORRUPT PRACTICES. 279 Wliere a person's name is wrongly entered on the list, MiKuomer. though he is entitled to tlie vote, and he votes under the name given in the list, it is not a case of personation, but merely a misnomer, and the vote is good (s). HIRING AND PAYING FOR CONVEYANCE OF VOTERS. Section 90 of the Dominion Elections Act 1874 (a) is as follows : "And wh(;reas doubts may arise as to whether the ouence iieflned hiring of ttanis and vehicles to convey voters to and from the polls, and the paying of railway fares and other ex- penses of voters, be or be not according to law, it is declared and imacted, that the hiring or promising to pay or paying for any horse, team, cai'riage, cab or other vehicle, by any candidate, or by any person on his behalf, to convey any voter oi- voters to or from the poll, or to or from the neighbourhood thereof, at any election, or the payment by any candidate, or by any per:ion on his behalf, of the travelling and other expenses of any voter, in going to or returning from any election are and shall be unlawful acts ; and the person so offending shall forfeit the sum of one hundred dollars to any person who shall sue for the same ; and any votei- hiring any horse, ) Rev. Stats. Ont. cap. 10. (c) .37 Vic. c. 9, (Dom.) and Rev. Stats, o. 11, s. 2, subs. 6, (Ont.) rfn^ llIM! 280 C'OHRUl'T PRACTK^ES. , ( MHI im mm m Mli i! ■iii Payment after The payment to a voter of his liorse hire or to a r)erso» KlectioM. • *'. J , for conveying a voter to tlie poll, by an agent, after the election, and without any previous hiring or pioinise to pay, has been held not sufficient to avoid tlie election, owing to the authority of the agent having ceas(;d with the election, and before the time of payment (d), but, it is coticcived, the evidence re(iuired to establish a |)revious understanding would not re(juir<> to be very strong and the knowledge and consent of the candidate would, in any event, rendei- it a corrupt practice. A corrupt prao- It IS witliiii the prohibition of the section if a eonvey- tiue if convey- ii'iii-* i. i. !■• i. ancehired.whe- ancc be huvid to l)ring HI a voter or voters, living at a come or not. loug (Hstauce from the |)()ll, at a time previous to polling day, and a-hether the voter.i came or 'not, providing the hiring of the conveyance for such a purpose is j)roved. Ignorance of the law in this regard, on the part of an agent will not avail to save the electiy much benefited, to the injury of the other, which has not been made so by the law," Mr. Justici; Strong says (i) : atrooK, J. *' For the sake of distinctness, and in order that there may be no misapprehension of the grounds on which this opinion is founded, I think it right to add, though it may involve repetition, that had the tickets been purchased by Lamarche, and either paid for or agreed to be paid for, I should have considered the case as coming within the 9(Jth section, which jnohibits the payment of travel- ling expenses ; and had the tickets been given to the voters upon the express condition or stipulation that they were to vote for the respondent, or had they promised so to vote, I sliould have thought the ease within the i' I (/i) Berfhier, 9 Sup. Ot. at p. 119. (t) lb. at p. 128. I M : in:! ! I -» if lii 282 CORRUPT PRACTICES. principle of the "actual decision in Cooper v. Slade (j) and so a corrupt act, avoiding^ the election under sec, tion 92." Ontario The Ontario Court of Appeal came to a similar decision in the East N'orthumherland case (k) under the Pro- vincial Act. BETTING AND SUPPLYING MONEY TO BET UNDER ONTARIO LAW, By section 3 of " The Election Law Amendment Act 188-t " of Ontario (I) : (1) Any candidate who, before or during the election makes a bet or wager, or takes a shaie or interest in, or in any manner becomes a paity to, any bet or wager, upon the result of the election in the electoral district, or in any part thereof, or on any event or contingency relating to the election, shall be guilty of corrupt practice; (2) Any candidate or other person who provides money to be used by another in betting or wagering upon the result of an election to the Legislative As.sembly, or on any event or contingency relating to the election; shall be guilty of corrupt practices. (3) Any person who for the purpose of .influencing an election makes a bet or wager on the result thereof, in the electoral district or any part thereof, or on any event or contingency relating thereto, shall be guilty of corrupt practice. By section 47 the Act .shall be read as part of the Election Act and of the Controverted Eledionf^ Act, (Ontario). (; ) 27 L. J. N. S. 449. {k) EaKt Norfhumbcr/and, PvnrhirJal EL caae, 2 Out. El. cases. {D See ante, Pjribery, p. 250.. CORRUPT PRACTICES. 283 RELIEVING SECTIONS IN ONTARIO ACTS. There are two imj^ortant sections in the Election Act of Ontario (m) peculiar to that Act, which require notice- They are sections 159 and 162 {mm). Both have proved Rev. stats.ont. to be very embarrassing sections for the Courts to con- and i62. Btrue and apply. Section 158 provides for the avoidance of the election for any corrupt practice committed by the successful candidate or by his agent whether with or without his consent. Section 159 has been enacted by way of ex- gee. i5». ception, and is as follows : " To prevent the expense and trouble of new elections where result of 1 II.' f i i election not when unnecessary and useless ; m case or a conupt act or afTecte.i by cor- acts being connnitted by an .agijnt without tr.e knowledge acts.*" ' **^* and consent of the candidate, if the cojrupt act or acts was or were of such a trifling nature, or was or were of such trifling extent, that the result cannot have been affefcted, or be leasonably supposed to have been affected, by such act or acts, either alone or in connection with other illegal practices at the election, such conupt act oi- acts shall not avoid the election." The proportion of votes proved to have been corrupted, Proportion of * ' , . ' . , J votes corrupted to the re.'-'pondent s maioritv, is not taKen as the sole not the sole cti- guide under this section in determining whether the elec- tion should be set aside or not. Other " Illegal practices," if any are shewn, must be considered in this connection (n), as well as the probabilities generally as to the result having been affected. In the West Bastings case (o), the majority of the respondent was 3o7, Imt it appeared in evidence that two agents of the respondent had brilied terion. (w) Rev. Stats. Ont., o. 10. (mi») For aiiieiKlincuts, see posf. («) Linrolii (2), I H. K. C. 489; Wdlaml case 1-883, '2 Out. Kl. ouses, (not yet reported). [o] 1 H. K. C. .539. I i Ww^^ ■H liii I Hi? must be shown. 284 CORRUPT PRACTICES. between forty and fifty voters ; that in close proximity to the polls spirituous liquor was sold and given at two taverns during polling hours, and that one of such agents took [)art in fuinishing such liquor, and that such agent had previous to the election furnished drink or other entertainment to a meeting of electors held for the purpose of promoting the election. It was held that the election was void, and Chief Justice Moss further laid I fH:! '[: : : * 1 CORUUPT PRACTICES. hour of holding the nomination of candidates ; and they differed as to whether section 150 "shouM a[t|)ly, the chancellor holding that it should and that the election should not be set aside, and (yhief Justice Cameron hold- ing that it should not, and that consequently the election should be declared void. The case came before the Court of Appeal, and on the argument before that Court the question of the iriegularity on nomination day was dropped, remedial legislation having, in the meantime, been passed. The agent wdiose acts were complained of was, according to the evidence, the most active agent and manager tor the respondent in the largest town in the riding, if not in the whole riding. It was urged that this latter fact should be regarded by the Court in deciding whether section 159 shouM a|»ply. The majority of the Court (t) decided that they nuist look at tlie character and position of the party committing the acts, as well as the acts themselves. Patterson, J. A., says : " I think we may j)roperly test the nature of an act, whether corrupt or lawful, by considering the circumstances under which and the person by whom it is committed. I ventured an illustration of this idea in my judgment in the Wetland case which I may here repeat. Let us suppose the charge made and proved to be that A, an agent, bribed B, a voter, by the payment of one dollar, and let us suppose that A is shown to have had with him a large sum of money under circumstances which raise a strong and not un- reasonable suspicion that his object was to use it in purchasing votes, one circumstance being the payment of the dollar to B, but the rest of the money not being traced on the one hand or accounted for on the other. While the extent of this corrupt act, being measured by its in- fluence on the one voter, might be trifling, its nature as one overt act of what appealed or might reasonably be assumed to be an arranged system of operations could not (t) Hagerty, C J., Patterson and Osier, J. J, A. ; Burton, J. A. dissenting. CORRUPT PRACTICES. 287 properly be said to be tiifling." Osier, J., says : " The position which the briber occupies with relation to the candidate and the conduct of the campaign ajipears to me, with great respect for those who hold the opposite view, to be a matter of the first importance in gauging the nature or extent of the corrupt act What comparison can there be between a deliberate bribe of $1 or $5 given by the chief promoter or manager of the elec- tion to a needy voter and his day's wage given by an employer, technically perhaps an agent, to his hired man ? It will be said that each is an isolated case and represents only one bribed vote. But that is not so. The latter is comparatively venial, but the former soon becomes notice to every man who is willing to sell his vote, that money may be obtained for it. Bribery catmot justly be described as trilling in its nature, which proclaims to the corruptible portion of the electorate that the managers of the election are willing to traffic in corruption." Section IGl of the Election Act o" Ontario pi-ovides sec. lei. that where any corrupt practice has been committed, by or with the actual knowledge or consetit of any candi- Disquaiiflca- date-(M.y, in addition tf) his election being void, he shall date. be disqualified for eight years. Section 162, which fol- lows, provides : . " If it appears to the Court or the Judges (v) trying an candidate may , . .... 1 .... be relieved from election petition, that an act constituting in law a corrupt penalties and . . disabilities practice was committed by a candidate or with his under certain ^ •' . uircuuidtanees. knowledge and consent, but without any corrupt intent, and in an ignorance which was involuntary and excus- able, and that the evidenee showed the; candidate to have (m) " And that the next section does not apply then " ; see 47 Vic. c, 4, a. 28 and 47 V. c. 2, 8. 18. (v) " Or one of them " ; see 47 V. c. 4, s. 29 and 48 V. c. 2, s. 18. Hi d V mr^ 288 CORRUPT l»HACTICES. I!f llil^ m Muskoka ease. If no corrupt intent. Ifactcommitt'd in involuntary and exoDiiable ignorance. If candidate honestlv desir'd a pure Election. If candidate endeavoured to have Election let^allvuonduct- ed. honestly desii'ed and in good faith endeavored as far as he could to have the election conducted accord in<^ to law, the candidate shall not be subject to the penalties and disabilities which he would but for this* section incur under the preceding section." In the Mv.skuka case (w) Mr. Justice Patterson divided the requirements of this section into four parts, as fol- lows : — Firstly, the act which constitues in law a corrupt prac- tice must have been committed or consented to, without any corrupt intent. Secondly, it must have been committed, or consented to, in an ignorance which was involuntaiy and excus- able. Thirdly, the evidence must show that the candidate honestly desired to have the election conducted according to law. Fourthly, the evidence must also show that the candi- dace in good faith endeavored as far as he could to have the election conducted according to law. The summing up of the learned judge of the facts in the light of these requirements of the section, was as fol- lows: — "We find that the act of the respondent, in fur- nishing drink at his expense to a meeting of electors assembled at Commanda Creek, for the purpose of pro- moting the election, which constitutes in law a corrupt practice, while it appears to have been committed in ignorance that it was a violation of the Statute, does not appear to have been committed in an iguoiance which was involuntary and excusable. We are disposed to be- lieve that the respondent was desirous, and that he (w) Muskoka Eltction 1883, 2 Ont. El. cases, (not yet reported). CORRUPT PUACTICfcS. 289 endeavored to avoid personally fominitting illegal or cor- rupt practices, and even to avoid actual knowledge of • their coniinissioii by others acting in his support ; hut we are not satisfied that he was ignorant tliat such practices were likely to be committed by persons acting on his be- half in the conduct of the tdection ; and finding that cor- rupt practices did prevail — and as there is reason to be- lieve did extensively prevail at the election, and amongst those who supported the respondent — we are unable to say that the evidence shows the respc/ndent to have honestly desired and in good faith endeavored, as fai- as he could, to have the election conducted acconiing to law. We feel ourselves, therefore, compelled to come to the con- clusion that the respondent is not relieved by the one hundred and sixty-second section of the statute from the penalties and disabilities incun-ed under the preceding section," The decision of the 7'O^a judges was subsequently affirmed on appeal by the Court of Appeal. In the South Renfrew (1st provincial) case, the ?'o^a ^ /,v„yy,„,,., judges who tried the case differed as to whether the sec- tion applied to relieve the respondent from a chaige of corrupt practices proven, or not. They, however, held the election void, and the resj)ondent being again elected, a second petition was filed against him on the ground that he had not been relieved from the disqualification by the certificate of both the former judges, or by certain legis- lation (held not to be retrospective) which had in the meantime been passed (aj), and the Court found in favor of the petitioner. The disqualification was, however, re- moved by 48 Vic, cap. 2, s. 19. Section 18 of the same ^ Act is declaratory of the provisions of the 161st and 162nd (a:) The Election Law Amendment Act 1884, a, 48. ?f? ' t \ '. i it \ t \ li !!■ 48 Vic. f. •-', H. 18. Ii< i I L i ii Ai:.. 290 ' CURRUPT PRACTICES. .suctions of the Election Act and must now be read in con- nection tlu'iewith. It is as follows : — " Sections IGl and 102 of The Election, Act (chapter 10 " of the Revised Statutes) were intended to be consti'ued " and shall hereafter be construed both as respects Acts constructi Mn ©f " heretofore done, and Acts which may hereafter be done R. S. O. c. 10. , '' w i«iandi(V2 "as if tlic Said scctious had at the time of the passinff " thereof been expiessed as the same were amended by " the 28th' and 29th .sections (y) of The Election Law " Amendment Act, 1884-; and it is hereby declared and "enacted, that, by the true intention of the said sections, " and the 38th section of The Controverted Elections Act '' the practices mentioned in the 161st section aforesaid "and therein called corrupt practice, was and is such " practice only as should be committed with corrupt in- " tent, and involved moral culpability, and as should be " so found by the joint deci-sion of the judges trying the " petition against the candidate (in this act called the " Trial Judges) or by the Court of Appeal ; and the prac- " tices so mentioned in the said 1 Gist section did not and "does not include any practice not found by such joint "decision or by the Court of Appeal, to be of the char- " acter aforesaid ; and the said practices did not and does " not include a practice committed (as provided by the " 162nd section) ' without any corrupt intent, and in an "'ignorance which was involuntary and excusable, and " ' where the evidence shewed the candidate to have hon- " ' estly desired and in good faith endeavored as far as he " ' could to have the election conducted according to law/ ^ " and did not and does not include a practice which is " desi'Tnated in the IGlth section (z) of the said Election iy) See notes in) and (v), ante p. 287. (z) The 16ith section provides for the punishment of persons found guilty of cor- rupt practicea, other than the candidate. CORRUPT PRACTICES. 291 " Act EH a merely technical breach of law and a practice " ' not being an intentional vi()lation of the law, and not " ' involving moral culpability' ; and the declarations and "enactments of this section aieiorall purposes to be con- " strued and to have effect from the time of the j)assing " of the said Revised Statutes, as if the same had been " expressed therein according to tho hereby declared in- " tention of tlie said enactments." This section is somewhat involved, but the effect of it Kffeot. would seem to be that disqualification cannot be held to no diflquaiinca- . , tion of ciinili- attach to a candidate undtsr the Kjlst section of the iiate unkss cor- rupt intent be Election Act except in respect of a corrupt practice com- shewn, raitted with corruLpt intent and involving moral culpa- bUity either, by the candidate or by his agent, " with his actual knowledge or consent " (a) and then only when it is found to be of that character by the joint decision of And found by 1 m • 1 r 1 TT • 1 • 1 joint decision of the Trial Judges. J^or instance, the respondent m the t>"'"Uudj,'es. MtiskoJca case, above referred to, could not, under this section, be held to be disqualified, according to the judg- ment of the Trial Judges, for they held that there was no corrupt intent in the act for which lie was disqualified. Unfortunately for him, this section did not become law in time to rescue him fvoin the effect of the judgment, ' though the enactment is declared to be retrospective. The l()2nd section of the Election Act would now seem to be useless, as if a corru[)t intent be proved either on the part of the candidate or of his agent, by or with his actual knowledge or consent, (assuming " knowledge " and "consent" to be synonymous terras) ii would be idle to contend that the act was committed " without any corrupt intent and in an ignorance," etc. (a) See Rev. Stats. Ont. c. 10, 8 161. A 19 11} \ I'. Ilii CHAPTER II. AGENCY whoisftnAifent An AGENT is a persou authorized by the candidate to act on his behalf in affairs connected with the election, and the candidate, as regards his seat, is as liable for acts committed by his agent, as if he himself had been person- ally concerned therein ; although the agent may not only have exceeded the authority committed to him, but have acted in opposition to the express command of the candi- date (/->). The liability of a candidate for the acts of others is, it will be seen, much wider than that of an ordinary princi- pal for the acts of his agents. The reasons which led to this were stated by Blackburn, J, (c), as follows : — " The rule of Parliamentary election law, that a candidate is responsible for the corrupt act of his agent, though he himself not only did not intend it or authorize it, but bona fide did his best to hinder it, is a rule that must at all times fall with great hardship upon particular persons. But I may mention the consideration which, no doubt, led the common law, as I may call it, of Parliament to establish it. Corruption, as we all know, in practice and in fact, is seldom or never done bv the hand of the can- (6) "Leigh" and LeMarohant's law of Elections (4th Ed.) p. 72. (c) Taunton, 1 O'M. & H. 184. (292) AGENCY. didate. The two modes in which it was found in practice that corruption was cairied on were these : persons were put forward to do all the work of canvas.sinfj and con- ducting an election, and these persons acted corruptly ; but the candidate purpusely kept himself out of the know- ledge of anything about the matter, so that he might have the full benefit of their services ; and were it not fortius rule which has been established he would not suffer for their misdeeds. Th-^t is one of the great reasons. An- other great reason would be that no doubt people were put forward as to whom the candidate was carefully kept from knowing they were spending any money, or doing anything with the noti-on, according to the loose morality that prevailed in election matters, that when the time for petitioning was past, those persons might come to him and say, I did s|)end that £1,000 for you u[)on the election ; of course I did not tell you about it or say a word about it at the time, but now you are bound in honor to repa}' me that £1,000 of which you had the benefit, and which, in point of fact, the candidates did feel themselves bound in 1 nor to pay. This, therefore, was another reason for the parliamentary law declaring that the candidate should be responsible for the act of his agent " (d). (Jrove, J., in the Wakefield case (e), after referring to the ordinary law of principal and agent, says : " But if that construction of agency were put upon acts done at elections, it would be almost impossible to prevent cor- rui)tion. Accordingly a wider scope has been given to the teim agency in election matters, and a candidate is 293 m '^i*; ! (d) See also Cornwall, 1 H. K. C. 547 ; North Ontario, Ih. 304 ; W. Toronto, Ih. 97 ; N. Ontario, lb. 785. . - ■ •. (e) 2 O'M. & H. 102. - •■ • •' " ■ . • . -^ * 2l>4 AOENCY. |: 41 r ^ 1 I j t, ■ j i IL' ) 1 I ' ! responsible geiioially, you may say. for the fleedH of those who, to his knowlodtje, for the purpose of promoting his election cajivnss and do such other acts as may tend to' promote his election, piovided that the catididate or his authorized aj^ents have njasonahle knowledge that the.se persons are so acting with that object. I think it well that I should say in this respect that here it is almost impo.ssible for any judge to lay down such exact defini- tions and limits as shall meet every particular case ; and it is f^xtremely important that the public should know that, because, were it otherwise — were I, for instance, on the present occasion to pretend to lay down an exact definition of what constituted agency at one election — possibly in some other case that particular definition might be evaded, although what came sul)stantially to the same thing might have taken place, flappily, there is sufficient elasticity in the law to prevent that being the case ; and here, again, those who think that they can evade the law by just creeping out of the words which learned judges use, or even which tribunals use, upon a matter of this sort, which is partly law and partly fact, will generally find <>hat they are very much mi.staken. It is, therefore, well that it should be understood that it rests with the judge not misapplying or straining the law, but applying the principles of the law to changed .states of facts, to form his opinion as to whether there has or has not been what constitutes agency in these election matters. It is well that the public should know that they cannot evade this difficulty by merely getting, as they .suppose, out of the technical meaning of certain words and phrases." Uw anaia^ous The law as to Parliamentary agency is rather analag- and servant. Qus to that of master and servant than to that of ordinary AGENCY. 295 principal and ajj[ont ; i. e., tlio candidate is responwible for the acts of his Htuvant done in tlie course of his omploy- menfc, whether hiwful or not, notwithstanding a prohibi- tion may have been given to him by his master (f). The idea that a candidate can have no agents until when after nomination day is so common an error that it is well to observe here that there is no stated time when the candidate's liability begins, other than the commence- ment of his candidature. The close of the election ter- minates the agency. A candidate is not liable for any acts committed by his agent after the election is over, unless he be personally privy to them (g), A corrupt act, however, done after the election, may be material as throwing light on what took place before the election (h). A candidate will be held responsible for the acts of sub- agents appointed by an agent, even though the candidate does not know, or is ?iot brought into personal contact with the sub-agent (i). When a candidate puts money into the hands of his agent, and exercises no supervision over the way in which the agent is spending thg,t money, but accredits and trusts him and leaves him the power of spending the money, although he .may have given direc- tions that none of the money should be improperly spent, there is such an agency established that the candidate is liable to the fullest extent, not only foi' what chat agent may do, but also lor what all those whom that ageiit em- commences. (/) Winmi, Judgments 205; 1 O'M. & -Tf. 191 ; Wtxfbnri/, 1 O'M. & H. 54; also per Martin, B., Noririch,] O'M. & H, 10; and Boston, 2 O'M. & H. Uif). (f/) Bodmin, I O'M & H. 118; Safford, 1 O'M. & H. 138; Nor/o/H; (N. Div.), 1 O'M. & H. 243 ; Lowiford, 2 O'M. & H. 11, 12 ; Limtrkk, 1 O'M. it H. 261 ; King'n Lynn, lb. 208; Brockrilk, 1 H. E. C. 139. (h) Southampton, 1 O'M. & H. 222 ; see N. Ontario, 2 Ont. El. oases, 1. (») Bewdlty, 1 O'M. & H. 19 ; Barnntaple; 2 O'M. & H. 1*05-0; Charkimx, 5 iSup. Ct. 133 ; Wdland, 1 H. E. C. 187. EST" 'f! {■ Pld-::' \n I 296 .1! J liili' Ri ■!■ w 1^1 1 '- 1 ■ i f- : t ■ ; , i i J! 1 ! j^^B ;i # 'tMH ■ '1 ^B* ii L htul Joint a^^ency by coalition of can- didate8. AGENCY. plo3'8 may do.{j}. No limit can be place(l to the num- ber of the parties through whom the Sub-agency may extend (k). The agency may, however, be limited by the scope of the agent's authority or oi his delegated authority, as the case may be. " No propo.sition in election law is better established than that an agent, who is not a general agent, but an agent with powers expressly limited, cannot bind the, candidate by anything done beyond the scope of his authority" (l). Employing a person to canvass a particu- lar voter or voters will not necessarily constitute him a general agent so as to make the candidate responsible for anything else he might do (m). So also asking a master to go round and canvass his workmen would not be an authority to canvass " beyond the scope of the workmen in his employ," and with respect to anything done by him as to voters other than these workmen, •^here would be no agency (n) \ and members of a com- mittee appointed to look after the voters of a particular ward, but having no authority from the candidate to canvass generally have been held not to have rendered the candidate liable for acts committed in another ward (o). It has been held in England that where candidates " coalesce," that is, make common cause, choosing to stand or fall together, the agents of one are the agents of the other, so that each candidate becomes responsible for the (jj 8. Grey, I H. E. C. 52. (k) Niagara, ) H. E C. o68. (I) Per Strong, J., in Berthier, 9 Sup. Ct 130. The agent in this case wiiH a public speaker, and for his acts beyond those performed in that cliaracter, the respondent was held not responsible. (mj Hereford, judgments, 111 ; 1 O'M. & H. 195; Bodmin, 1 O'M. & H. 120. (n) Westbnrij, \ O'xM. & H. 47 ; N. Norfolk; I O'M. * H. 2:i7. Co) Lo?m/o«, (Ont.), 1 H. E. C. 214. , . • i AGENCY. , acts of the ajjent of the other candidate with whom he has coalesced, and if a corrupt act is brouglit home to the one, both arc unable to hold their seats {p). But acts committed before the coalition will not affect the othor candidate unless he was aware of such acts, though where he has such knowleilge he will be taken to have adopted the acts (q). Where the respective agents for two candidates jointly attended to the registration, but during the election did not act in concert, it was held that there was not sufficient joint action to constitute mutual agency (r). WHAT CONSTITUTES AGENCY. No answer to a warning from the candidate to an over zealous supporter as to the consequences of some questionable act, is more common than this — " I'm no agent of yours I " Yet in nine cases out of ten, the courts would hold that agency existed. It is well there- fore to deal briefly with the question of what constitutes agency. No precise rules can be given which will answer as tests in every case as to whether agency is established or not. Agency in election matters is a result of law to be drawn from the facts in the case and from the acts of individuals (s). " The law of agency in election matters is not a hard and fast law, capable of precise definition ; it is a shifting, elastic law, capable of being moulded from time to time to meet the shrewd and astute inveu- 297 (pj No.'fot (N. Dtv.), judgments, 2()9 ; 1 O'M. & H. 240; Norwich, 2 O'M. * H. 39. (q) Malcolm v. Pe.rty, {Boxton, ;iiuf cane,) 10 L. R. C. P. 168. (r) Tamirorf/i, 1 O'M. & H. 8:{. («) Slufo. .judgments. 145; E. Peterboro'. 1 H. E. 0. 245. 11 w ' '.\ i ■ ■ 1 \ '.: i ■ i ! 1 'I i % fi li L feliii 1 Candidatti'fi wife. 298 AGENCY. tions of those who in such matters seek to get rid of the consequences of their acts" {t). Agont need not It is by DO ineans necessary that it should be shown that person employed in order to be an agent for the purpose of getting votes is paid in the slightest degree, or is in the nature of being a paid person (%). Agency inferred The agency of a particular per.son ma}' be inferred previous Eiec- from his having acted as agent at an election a short tion. time previously (v). A candidate's wife, if she interferes in the election, is i/9So/onsible. Such a result would be repugnant to the plainest principles of justice." In another case {y) the same learned judge says: "That a candidate may so avail himself of the services of a political associ- ation in canvassing for him and promoting his election, (y) N. drey, 1 H. K. C. 364. ' ! 1 i t 1 300 1 ^ i '11 ;, ■ ll •?■ :; * . ■■;!■■, it-ii (hi-;:: liliii I II M 11 III ^m^ ni AGENCY. as to make thein his agents, for whose acts he shall be responsibU% tliere cannot, I think, be any doubt ; but nothing could be more lepugnant to common sense and justice than to hold that because a political association puts foiwai'd or supports a particular candidate, there- fore every member ot" that association becomes ipso facto his agent." In still another case (z), in which ■ agency was held to be established, he said, " The evidence ^establishes, beyond all doubt in my mind, that it is part of the constitution and organization of the Reform Association in this riding (whose candidate the respondent was) that the delegates to the convention, consisting of ten persons from each township and five from each village municipality, should so long as they might remain in office — that is, until dis[)laced by other delegates — act in promoting the election of the candidate adopted by the convention, in all respects and in the same manner as persons appointed agents by candidates are in the habit of doing for that puipose ; that the candidate looked for, expected and demanded such their assistance and agency to carry his ' .• M» C. L. .1. N. S. ;i70, not yet fully reported, but to bo reported in 2 Out. El. cases, where a member of a nominating eonvcntion, addressed by the candidate, wlio intimated tliat lu* expected his fiiemls to work for him, was held an agent ; see also, North Ontario, 1 H. K. ('. S04, and Soit/h Ontario, I H. K. C. 420. (c) Per Spragge, (; ., in Coriiwa//, 1 H. K. C. .l^O, N. Wmit worth, ///..'US; /V. Ontario, 1 II. 10. (.'. ."W ; Norfhnmherlavd, Hi. .'»77 ; iV. Oiilnrio, It>. 7i/ A tf finding meetings and speaJcing'on behalf of the Candidate. This, too, atibrds evidence of agency, though it is not necessarily- conclusive. Where the Reeve of a townsliip, who had been politically in accord with the ministerial candidate, but took strong ground against the govern- ment, whose candidate the respondent opposed, for having separated his township fn-m the riding, exerted himself strongly in favour of the respondent, attended meetings where the respondent was and spoke in his favour, attended one meeting at the respondent's invita- tion, and at another stated (though not in the respon- dent's hearing) that he was acting there on the respon- dent's behalf, and was once in the respondent's committee room and signed and circulated a circular issued bv the respondent's friends — it was held that there was no intention on his or the respondent's pait to confer or {k) Shre.icshury, 2 O'M. & H. 36; see also Slroiul, 3 O'M. & H. 1 1 ami Durham, 2 O'M. & H. 13() ; S. Norfolk, 1 H. K. C. GGO. (I) Cormvall, 1 H. E. C. 547. ' • (w) East P('te.rbnro\ I H. K. C. 245. AGENCY, 305 accept antlioiity, and therefore the agency was not proved. Mr. Justice Gwynne in this case (n) said : " What the nature and extent of the agency is, may be established by direct positive evidence, or may be inferred fiom the acts and conduct of the parties ; but all inference is excluded, if the evidence ignores any intention upon the part of the parties either to confer or accej)t authority, and at the sanie time shows with reasonable certainty that acts, which in certain events might be sufficient to wariant the drawing- an inference of an authorized agency having been created, are attribu- table to or explicable by other influences affecting the mind and conduct of the party alleged to be an agent in the performance of the acts relied upon as establisliing the agency. In such case there is no agency, and the party assumed to be a principal cannot be affeeted by the acts of the othei-." Brivying up Votei-'s to the Foil. This, too, affords evidence of agency, though not of itself very strong. What does Not constitute Agency. Certain things have been held not, per se, suthcient to constitute agency' — such as; (1) being enjployed as a mere card messenger (o) ; (2) being messenger of a volunteer committee (p) ; (3) being canvasser for an independent association (q) ; (4;) V^eing employed aa " objector general " at the revision of the voters' lists (r). Where a person, not being the candidate's agent, had made illegal payments, antl the candidate not knowing {n) N. Orel/, 1 H. E. C. p. Hm. (0) Wind.wr, 1 U'M. & H. .S. [p) Staleybrkliji', lb. 72. {q) WeMmin-'^te.r, Ih. 91. (r) Wiifiin, jutlgmeiits 'iOo : 1 O'M. & H. 191 ; UaJlon, I H. E. C. 7.S(i. !ll 306 i TreacheroiiH •frent. AGENCY. for what the payrneiit.s had been made, repaid liini. it was held, in an English case, no Huch .satisfaction as to make the [)erson his agent («). If an agent, though acting for a candidate for the purposes of the election, can be shewn to have sold him- self to, or to have been in treaty with the other side, the candidate will not be responsible for his corrupt acts (t.) It would require actual proof of authority to commit the ill-egal acts to make the candidate responsible (u). And the same rule applies where the agent is shewii to have acted treacherously out of spite or feeling against the camlidato whom he ostensibly supported (v). (8) Tamirorth, 1 O'M k H. 81. (<) Per evidence of Willes, .)., befure select eoiniuittee on I'arliainentai'y mid Municipal Klections, 441. (u) PerlJIackbiini, J., AV/(//oloctioTi, any poison, knowing such person lias, witliin oi;:;lit years previous to such cngaf^e- ment, Iuumi found guilty of any corrupt practice, by any competent lethal tribunal, or by the report of any judge or other tribunal for the trial of election [>etitions, Tht! election of such candidate shall be void. m Vie. cap. 9, s. 103. If it is found by the rei»ort of any Court, judge or corrupt |muc other tribunal for the trial of election petitions, that any i.j cu'mii.hito or corrupt practice has been couiniitted by any candidate at out knowledge an election, or by his agent, whether with or without the candi.iate. actual knowledge and consent of such candidate, The election of such candidate shall be void. 87 Vic. cap. 9, s. 101. Where a candidate on the trial of an election petition vot.sofporHons . , . . 1,11 bribed, treated, ciaimma the seat for any person, is proved to have been muiuiy influen- •II 1 1 • i/ I 1 • I 1 li! „ ted or employed gudty, by hiniselt or by any person on his behalf, or at election to be bribery, treating or undue influence in re,spect of any person who voted at such election, or where any person retained or employed for reward by or on behalf of such candidate for all or any of the purposes of such election, as agent, clerk, messenger or in any other ernploymeut, is proved on such trial to have voted at such election. There shall be struck off from the votes given to such candidate one vote for every per.son who voted and is proved to have been so bribed (/), treated or unduly influenced, or so retained or employed for reward {g), 37 Vic. c. 9, s. 73, and, under sec. 94, a vote shall be struck off (It) for (/) It has been held under a similar section of tlie English Act that a guilty intent in the voter bribed must be proved, Malcolm v. Parry, L. R. C. F*. (510; 4.S L. J. C. P. 331. [g) As to persons retained or employed, see Dominion Fraucliise Act, s. II, subs. b. and note ante. (A) By sec. 96, an> voter hiring any horse or conveyance for any candidate oi- his agent, for the purpose of conveying any voters to or from the poll siiall, ipxo facto, be disqualified from voting ; but, although the offence is a corrupt practice and avoids the ( ■ «Hf m 1^-'""'" Hi ? I i ! <;' 310 PENALTIES UNDER DOMINION LAWS. every person who is proved to have been corruptly treated, even a})parently where the petition does not claim the seat. TreatiiiK. Under the same sec. (9-i) the candidate guilty of treat- ing as defined by that section shall forfeit the sum of $200 to any person who shall sue for the same, with full costs of suit, in addition to any other penalty to which he may be liable therefor under any other pr*^ 'ision of the Act. , Candidate Bub- The Candidate is also subject to the civil and criminal cdmiiiaVpenai- penalties hercinaftei' referred to, to the same extent as ties. , 1 other persons. PENALTIES ON PERSONS OTHER THAN CANDIDATE. Any person other than a candidate, found guilty of any coriupt practice in any [)roceedinG, s. e. , also Milntx v. Bale, 10 L. R. C. I'. i)91. An informer must sue •either in person or by attorney, and therefore an infant suing by next friend cannot maintain an action for a penalty under the Election Act, GaiTcM v. linhotx, 10 Ont. Ap. R. 650. "See as to delay in prosecuting suit for penalty, Mikx v. Roi', 10 Out. Pr. R. 218. jn fr:1 i; li m S ^i' II , ! 1. Si. i I " UP' Glvltit^ rufrcNh- mentH. Hirin)^ coiivey- anccH (, iV. Shncof, I H. E. C. 50. The otFence is a " corrupt practice," i). L R. 140, Q. B. 1880; RolnUani v. LexnnUin; 7 R. h. «»(i2, h c. 1877, Taiiv v. Chiion, 3 L N. 19f), Q. B. 1880. I! ; PENALTIES UNDER DOMINION LAWS. 313 . -i; In case on thcj trial of an election petition, it is ourt, in default of payment of sue" fine. 37 Vic. c. 9, s. 1)1. No candidate shall at any election, noi- shall any other Kntertainment person either |)rovide or furnish drink or other refresh- ' ment at the expense of .such candidate, to any elector during such election, or pay for, procure or engage to (II) See ante. Chapter I, Treatinif, (m) TliiH is made a corrupt practice itiuler tlie Ontario Act, though confined to the keeper of the hotel, etc., see (uite " Corrupt Practices." ¥\ IS'.. liHi l.il, ti- ll i ;\i Straiijfors and others hearing arms. 311 PENALTIES UNDER DOMINION LAWS. pay for any such drink or other refreshment. The offend- er shall be deemed guilty of a misdemeanor punishable by a fine not exceeding $100, or imprisonment not ex- ceeding 3 months, or both. 37 Vic. c. 9, ss. 87 and 90. Any person, otlier than the Returning officer or his Deputy or the Poll Clerk or Constables, wlio has not a stated residence in the i)oliiiig district for at least six months before the day of such election, coming into such polling district (hiring any part of the day, upon which tiie poll is to remain open, armed with offensive weapons of any kind ; or any person ivhosocver who, being in such polling district, shall arm himself with any such otfensive weapons, and being thus armed, ap|)roach witliin the distance of one mile of the poll, uidess called upon by lawful authority, shall be deemed guilty of a misdemeanor punishable by tine not exceed- ing $100, or imprisonment not exceeding 3 months, or both. 37 Vic. c. 9, ss. 8() and 90 Any candidate or other j)erHon furnishing any ensign, standard o!' set of colours, or othtu- flag"or any libbon, label or like favour witli intent that tlie same be carried or used or worn in the electoral district on the day of election or within 8 days before such day or during the continuance of such election or tiie polling, as a party flag or bad^e ; and any person carrying such ensign, etc., as a party flag or badge within the electoi'al district within the aforesaid times, shall be guilty of a misde- meanor punishable by tine not exceeding $100, or imprisonment not exceeding 3 months, or both. 37 Vic. c. 9, .ss. 88 and 90. Battery. Evcfy porson convictcd of a battery, committed diiring any day whereon any election or any poll for any election, is begun, holden or proceeded v/ith, within the distance of two miles of the place wliere such election is . . begun, etc., shall be deemed guilty of an aggravated Partv etisijjrna and favours. w PENALTIES UNDER DOMINION LAWS. 315 assault and shall be punished accordingly. 87 Vic. c. 9, sec. 85. ' • Any person (1) Forging or countorfeiting or fraud u- For^'inffcrde- lently altei'ing, defacing or fraudulently destroying any paper ballot paper or the initials of the Dt-puty-Retui'ning officer signed theron ; (2) Without authority supplying any ballot paper to suppiviu- bal- lot paper witli- any person; outaiitiw.rit.v. (S) Fnnululently j)utting into any ballot box any stuitin? baiiot paper otlu'r than the l»alIot paper, which he is authorized '"" by law to |)ut in ; (4) Fraudulently taking out of the polling place any Takitur ballot , ,, , ' * out of pollinif ballot |iai)er ; place. (5) Without duri • L. lii V • l\ • ""' to furnish voters lists, copies or extracts therefrom within a reason- lintsto iietum- alde time to the Returning officer requiring the same, "*^ shall incur a penalty of not less than $200, and not exceeding $2,000 {i})\ 37 Vic. c. 9. s. 29. ■;'■■' {n) See Afarrotfe v. Paquln, 5 Q. L. R., 168; S. C. 187» ,') ,■■!..: Hi n\ i 31(5 PENALTIES UNDEH DOMINION LAWS. mation. Olflcers, OKents and otherH inter fering with voter. Officers, agents or OtherH coin- offlcerHorag'nt* Anv offix'.ei', clerk or ar Poll Clerk, book, loturns, or from any other person having the lawful custody thereof, or from its lawful place of deposit for the time being, or unlawfully or maliciously destroys, injures or obliterates, or causes to be wilfully or maliciously destroyed, injured or obliterated, or makes or causes to be made any erasure, addition of names, or interlineation of names, into or upon, or aids, coun- sels or assists in so doing, in, to or upon any list of voters or writ of election, or any return to a writ of election, or any report, certificate or affidavit or any document or paper made, prepared or drawn out according to or for the purpose of meeting the require- ments of " The Dominion Elections Act 1874," or any of them, every such offender shall be guilty of felony, and Feimiy. shall be liable to Imprisonment in the Penitentiary for any term PenaitieH not exceeding 7 years, nor less than 2 years. Or to be imprisoned in any other gaol or place of confinement for a period not less than 2 years, with or without hard labour. .37 Vic. c. 9, s. 107. Every officer and clerk guilty of any wilful rnisfeas- Mi^^ usance m .,,, , , " . . . , ,. ,. omission by offl- ance or any wiliul act or omission in contravention oi hth. the above Act, shall forfeit to any person aggrieved by such misfeasance, act or omission, a penal sum not exceeding $500, in addition to the amount of all actual Peimiiy. of the person to wlioni the coinnmnication is made. It lias been held that no one but tlie Deputy-Returning OHicer was authorized, under the Ontario Aet (which is similar to the Dotninion Klections Act in regard to marking the hallots of those in- capacitated from voting), to mark a voter's Ijallot, or to interfere with or question a voter as to his vote ; and the Deputy-Returning OHicer permitting the agent of a candidate to become acquainted with the name of the candidate for whom the voter desired to vote, violated the duty imposed on him to conceal from all peisons the mode of voting, and to maintain the secresy of the proceedings, Haltoii fOnt.J Rumdl et 'I. v. Barber, 1 H. K. C. 283 ; see also Hickmn ft aJ. v. Ahhott, 2i> L. C. J. 289. Stannanawjkt. v. Hnzeltim. 4 C. l\ 1). 191. ~ 318 ; ; ,' •1 i 1 t \ I m Wl ll ! . ( i 1'-^ - I 1 t \ ■ ;H' it. ' .1 , ^if ' '^ 11 1, PENALTIES UNDER DOMINION LAWS. damages thereby occasioned to such person (/)). c. 9, s. 70. 37 Vic. (p) It has been held under the coricsponding sec. in the Ontario Act in an action against a Returning (JIHuor foi' not delay in^cl lis return after receiving notice from the ('onnty .Fudge of a recount, tiiat wiicrc; sucli notice liad not come to the knowledge of defendant the default was not "wilfid," Iliiyxv. Annslrowj, 7 Out. 11.021. It was also held in the same case by the judge at tlie trial that the plaintilF, the defeated candidate, was a " person aggrieved "" within the section. See furtiiei-as to "wilful"" and " [)Lrrton aggrieved," A//.-/ii-< v. I'lo'iiny. .1 Out. K. 'MW. It has been held in Englaml tliat an action will lie against the presiiling oHicef at a polling station by a party vviio lias lost an election through votes given for him l)eing tlirown away for want of tluiolHjial marii, even thougli no malice is alleged, and if the duty of delivering papers marlvcd witli the oliicial mark l)c delegated by the presiding officer to a clcik, tiie acti.)U will lie against tlie latter and not against the presiding officer, tiie clerk not being appointed by him, but ))y the; Returning officer, the re- verse however, being tlie case under our Act. I'k-kuriiKj v. Jdiiir.--, 8. L R. C. I*. 48!) ; By sec. SO of the Dominion Elections Act, no election shall be declared inv.vlid by reason of a non-compliance with the rules contained in the Act us to the taking of the roll or the counting of tin; votes, or by reason of any want of ([ualitication in the persons signing the nomination i)aper, or of any mistake in the use of tlie forms contained iu the schedules, if it appears to the Court that tlie election was conducted in accordance with the i)rincii)les laid down iu the Act, and tlie result of the election was not affected. Under this it was held l)y V. C. Blake, (Mourt. 1 H. E. C. 7'2o), that the neglect of a Deputy-Returning Othcer to initial the ballot papers would not avoid the election, and this decision was commented on and approved of by the Supreme Court in the Qit(.(ti'.-< Comifi/, P. K. Island case (7 Sup. Ct. 247), in which a similar ne.;lect was held to come witiiin the saving clause of the Act. 'I'lie Supreme Court in the liolhweU caw (8 Sup. Ct. ()7'" ""^ (q) Under a corresponding section of the Ontario Act it was held that a Deputy- Returning officer who refused the tendered votes of those who had sufficiently shewn their right to vote came within the penalty of the section, Walton v. Apjohn, 5 Ont. R. 65. (qq) It has been held under the New Brunswick Provincial Act that an action would not lie against a Sheriff for a false return to a writ of election without proof of actual malice, Stilen v. Gilbert, 4 All. 421. (r) As to what are lawful expenses, see proviso to sec. 92, also A'. Ontario, 4 Sup . Court, 430 (m/e. As to what are "personal expenses," seeaeo. 125. ''li fi I i I • . p :r"i 320 month, or risrlit to recover bar- red. Proviso pt» Default in ilt> liveriiiff state niciit of Cliu election expen- ses. Penalty. Penalty for false statement. Who may not act OS OKcntfi. ProceedingM to collect penalties PENALTIES UNDER DOMINION LAWS. tliem in within one month after the day of the eleotion to the ajj^ent, or their right to recover will be barred ; with a proviso in the event of the death of the person claiming the bill, his legal representative may send it in within a month of his obtaining probate or letters of administration, or becoming otherwise able to act ; and also that the bills may be sent to the candidate in case of death or legal incapacity of the agent. The agent is not to pay any bill, charg(^ or claim without the authority of the candidate as well as the approval of the agent. .S7 Vic. c. 9, s. 122. Any agent or candidate making default in delivering to the Returning officer a detailed statement of all election expenses within two months after the election (or in cases where by reason of the death of the creditor no bill has been sent in within such two months, then within one month after such bill has been sent in) shall incur a penalty not exceeding $20 for every day's default ; and any agent or candidate who wilfully furnishes to the Returning officer any untrue statement shall be guilty of a misdemeanor. 37 Vic. c. 9, s. 123 (?r). No Returning officer or Deputy-Returning officer for any Electoral District nor any partner or clerk of either of them shall act as agent for any candidate in the management or conduct of his election for such Electoral District. If any such person so acts he shall be guilty of a misdemeanor. 37 Vic. c. 9, s. 124. All penalties and forfeitures (other than fines in cases oj' misdemeanors) impo.sed by the Dominion Election Act 1874, shall be recoverable, with full costs of suit, by any person who will sue for the same by action of {rr) Tlie personal expenses of the candidate should be included in the statement to be furnished under this section to the returning officer, per Taschereau, J., in Belle- chasae cane., 5 Sup. Ct. 91. As to effect upon election of agents not keeping accounts or vouchers or destroying same, see S. Grey (Ont). 1 H. E. C. 52 ; 8 C. L. J., 17; (A'. Toronto, Ont.) 1 H. K. C, 70; 8 C. L. J. 113. r PENALTIES CINDER DOMINION LAWS. 321 debt or iiifoiination, in any of Her Majesty'^ ('onrts in the Proviiieo in which the cause of action arose, having competent jurisdiction ; and in default of payment of the amount which the offender is condemned to pay, within the period fixed by the Court, the offender shall be impiisotMui in tiie common gaol of the place, for any term less than two 3'earH, unless such fine and costs be sooner paid («). ,S7 Vic. c. 9, s. 100. Every prosecution for misdemoanor under the Domin- Limitation «i ion hilections Act 18/4, and every action, suit or proceed- undacUonB. inji; for any pecuniary penalty given *by the Act to the person suing for the same, shall be commenced within one year after tlie act committed, and not afterwards (unless the same be prevented by the withdrawal or absconding of the defendant out of the jurisdiction of the Court) and being commenced shall be proceeded with and carried on without wilful delay. 87 Vic. c. 9, s. 110. Whenever it .shall appear to the Court or judge trying i>owerof cmrt an election petition, that any officer, elector, or other eiectionpet?tion h, I (• i.1 • • /• .1 to impose cer- , as contravened any 01 the provisions or the tain penalties Dominion Elections Act, 1874 — for which contiavention he might be liable to a tine or penalty (other than fines and penalties imposed for any offences amounting to a misderneanoi or felony), such Court or judge may order that such officer, elector or other per.son, be summoned to appear before such Court or judge, at the place, day and hour fixed in such summons for hearing the charge. In default of appearance he shall be condemned on the evidence already adduced on the trial to pay such fine or penalty, and in default of payment to the imprisonment imposed in the particular case. If he do appear the Court or judge, after hearing such party and such (a) See Doy/e v. Bell, .S2 U. C. C. P. 632. The person suing must give security for costs to the extent of $50 before commencing proceedings, 46 Vic. c. 4, See also Raymond v. Valin, 6 Q. L. R. 146, Q. B. 1880. RoliiUardv. Lcaivaher, 7 R. L., 662, S. C. 1877, Tarle v. Gimon, 3. L. N. 195, Q. B., 1880. m f: ^ I 3 : 1 1' • i' ':■ « 322 PKNALTIKS UNDER DOMINION LAWS. evidence as may be adduced, shall give judgment — all fines under the section quoted shall belong to Her Double prnaecu- Majesty ; and no tine shall be anposed thereunder if it shall appear to the judge or Court that the party has alrean or vacancy in consecjuence of which such writ has been issued ; provided that where a person has been nominated as a candidate, or declared to be a candidate by others, then, (a) If lie was so nominated or declared without his consent, nothing in this Act shall be construed to impose any liability on such person, unless he has after- wards given his assent to such nomination or declaration or has been elected ; and (h) If he was so nominated or decl,\i ed, either without his consent or in his absence and he takes no part in the election, lie may, if he thinks tit, make tlie declaration respecting election expenses contained in the second sciiedule to this Act. [Note— A 21 324 l>KNALTIES UNDER ONTARIO PROVINCIAL LAWS. f^ii M I : 4 ^m m i. f lit 1 1 l| .l.. .,_,. |J| w ii iW' 1 ) Jb^'i... His election shall be void — Rev. Stats. Out. c. 10, s. 158. He shall be incapable of being elected ' to and of sitting iu the Legislative As.sembly during the eight (d) years next after the date of his being so found guilty. He shall be incapable of being entered in any voters' list and of voting at any election, during the same eight years. He shall be incapable of holding any office at the nomination of the Crown or of the Lieuten- ant Governor, in Ontario, or any municipal office, during the .same eight years (e). Rev. Stats. Ont. cap. 10, s. IGl. Knipiuvmeni 01 If o^ the trial of any election petition, any candidate son^as^canvasser is pfoved to liavc j)ers()nally engaged at the election to oraneii whicli such petition relates, as a canvasser or agent (f) in relation to the elect! ""n, any person, knowing that such person has, within eight years previous to such engage- ment, been found guilty of any corrupt practice by any competent legal tribunal, or by the report of tlio Judges upon au election petition, The second schedule referred to contains no such declaration], and the election agent shall, .so far as circumstances admit c()nij)ly -vvitii the provisions of this Act, with respect to expenses [iVo^' -No such provisions appear in the Act (]Uoted] incurred on account of oi in respect of the conduct or management of the election in like manner as if the candidate had l)een nominatetl or declared with liis consent." ((/) The term under the Dominion Law is xercii years ; see I'enalties under Dominion Laws, ante. (e) The dis(iualification does not attach without the concurrent judgment of the two trial judges. Sec (uitc p. '21K), and 48 Vic. (Ont.) c. 2, s. 18; nor where either of such judges find that the corrupt practice was committed " witiiout any corrupt intent and in ignorance whicli was involuntary and excusable, etc." (/) See Penalties under Doiii. Laws, note (e). 'Til PENALTIES UNDER ONTARIO PROVINCIAL LAWS. 325 The election of such candidate shall be void. Rev. Stats, c. 10 s. 1G5. Where it is found upon the report of a judge upon "an corniptprat , . . , • 1 1 '■'''''' committed election i^etition that anv corruitt i)iactice has been com- by candidate or ' "^ ' ' by airent with mitted by any candidate at an election or by his ajjent, •"" *''^°"* •>'* J J •' t5 ' consent. whether with <)r without the actual knowledge and {g) consent of such candidate, the election of such candidate, if he has been elected, shall except in the cases mentioned in section one hundred and fi^ty nine 'Jt) — be void. Rev Stats, c. 10, s. 158. In case a candidate or the agent of a candidate is votes or per- , , . , ... Koiis in regard proved to nave committed any corrupt practice with to when tor rupt praoticex respect to a voter, there shall on a scrutiny (7) be struck "^[^^ '.u°^«''' off from the number of votes given for such candidate one vote for every person in regard to whom such corrupt practice is proved to have been committed, and without any examination of the ballot paper or other evidence to ascertain how such voter in fact voted. 47 Vic. (Ont.) c. 4, s. 5. The candidate is also subject to the pecuniary penalties hereinafter referred to, to the same extent as other persons. Penalties on persorw other tlmii candidate. Any pei'son other than a candidate, found guilty of corrupt pm. ticcs any corrupt practice in any proceeding in which, after notice of the charge, he has had an opportunity of being heard (j), {g) See note h, ante. (A) Sec. 159, provides for tlie election not lieing avoided wliere the corrupt acta are " trilling " in nature or extent, and the result was not affected. See autv " Reliev- ing Sections in Ontario Acts." • (j) A scrutiny is entered upon only when the seat is cluime r the unsuccessful candidate. {j) Sec. 17r> of the Ont. Klections Act, as amended by 47 Vic. (Ont.) c. 4, s. .Si, provides foi- the procedure in cases where the guilty persons are not parties to the petition. I, If; lyr If \u I ^'>(\ PKNALTIKvS UNDER ONTARIO PROVINCIAL LAWS. Disqualiflcn tion, Ptf. iiNi-i M B Person brihpd. Corrupt prac- tice bv eiei'tor. Briherv. Shall, during' the eight years next after the time at which he is so found guilty, be incapable of being elected to and of sitting in the Legisla- tive Assembly ; Shpll during the same eight years, be incaj)al)le of being registered as a voter and of voting at any election ; Shall during the. same eight years be incapable of holding any office in the nomination of the Crown or of the Lieutenant-Governor in Ontario, or auy municipal office (k). Rev. Stats, cap. 10, s. 164. , It" on the trial of any election petition, it is proved that any elector voting at the election was bribed, besides being guilty of a corrupt practice, He shall be disqualified from voting at the next general election. Rev. Stats, c. 10, s. 163. If on the trial of any election petition, it is proved that any corrupt practice lias been committed by any elector voting at the election, His vote shall be null and void. Rev. Stats, c, 10, s. 163. Every person found guilty (I) of bribery (whether he be a briber or a person bribed), in addition to being guilty of a corrupt practice, Shall incur a penalty of $200 (??i). Rev. Stats, c. 10, ss. 149 and 150. {k) By subsection to tliis sec. (1(54), no person other than a candidate shall bo subject to the disabilities above set forth " (1) by reason of a merely technical breach of the law ; (2) by reason of any act not being an intentional violation of the law, and not involving moral culpability or affecting the result of the election." (/) As to procedure, see 47 Vic. c. 4, s. 31. (m) The penalties for several offences by the same pei'son would seem to be cumu- lative. The bril)ery .sections are the same as in the [dominion Act, and under that PENALTIES UNDER ONTARIO PROVINCIAL LAWS. 327 Every person furnishing drink oi- other entertainment, Treating at _ meeting. at his expense, to any meeting of electors assembled to promote the election, except at his or her usual place of residence, in addition to being guilty of a corrupt practice, Shall incur a peiuilty of $100. Rev. Stats, c. 10, s. 151. Every person guilty of coirupt treating, shall incur a corrupt treat- ii)&r penalty of $200, with full costs of suit to any person who sues for the same in addition to any other penalty to which he may be liable. Rev. Stats, c. 10, s. 152. An}' person giving or causing to be giveti to any vote)" (jiving meat, .. 1 , X- 11- « L p '1 rink, etc., on on nommatu)n day or dav oi pollnig, on account oi tu niination or ,, polling dav. such voter being about to vote or having voted (n) any meat, drink uv refreshment, or any money or ticket to enable such voter to procure refreshment. Shall forfeit to any person suing for the same, the sum of $10 for each offence, with full costs of suit. Rev. Stats, c. 10, s. 153. Any candidate or other person hiring or promising to Hiring convey- r 1 ■ • 1 ii ancei, etc. pay or paying tor any horse, team, carriage, cab or other vehicle (o), on behalf of a candidate, to eonve}' voters to or near or from the poll, or the neighbourhood thereof, or paying, on the same behalf, the travelling and othei- expenses of any voter, besides being guilty of a corrupt practice, the penalties have been held in Quebec enni'ilative, Joyal v. Saffbrd, 25 L. C. J. 166. See also Milue.-t v Ihi'i^, 10 L. R. C. V. .IDl . Tlie question was brought before the Court of Appeal in the Lennox case, Imt was not decided. See as to infant suing, Parrttt v. Wohi-.rts, 10 Ont. App. R. tiW, and as to delay in prosecuting, Milex v. Roe, 10 Ont. IV R. 218. (?j) The giving must in some way be connected with "such voter being about to vote or having voted," per Richards C. J. in Jacqiiex Cartkr, 2 Supreme Court, 242. See nrUe, "Treating.'" (o) Hiring a railway train comes within the section, N. Simcoe, 1 H. K. C. 50. It matters not when the hiring took place or whether the voter comes or not, Selhirk, 4 Sup. Ct. 494. .See rtM/e, "Corrupt Practices." ?|' '-. JiT Undue inflti- ence. 328 PENALTIES UNDER ONTARIO PROVINCIAL LAWS.> Shall incur a penalty of $100. Rev. Stats, c. 10, s. 154. Any elector who hires any horse, cab, cart, waggon, sleigh, carriage or other conveyance, for the above purpo.se, Shall ipso facto be disqualitied from voting at such election ; Shall for every such offence incur a penalty of SIOO. Rev. Stats, c. 10, s. 154. Every person who commits the offence of undue influence, as defined by the Election Act, in addition to being guilty of a corrupt practice, , , Shall incur a penalty of $200. Rev. Stats, c. 10, s. 155. Personation. Any pcrsou wlio kuowingly personates and falsely assumes to vote in the name of another person whose name appears on the proper list of voters, whether such other person be then living or dead, or if the name of the said other person be the name of a fictitious person, in addition to being guilty of a corrupt practice, Shall incur a penalty of $200. Rev. Stats, c. 10, s. 156. Inducing pro -^"J person who votes or induces or procures any to''vote. ^®"°"'' person to vote at any election, knowing that such person ^ has no right to vote at such election, shall be guilty of a i5orrupt piac^ice, and Shau be liable to a penalty of $100. 47 Vic. (Out.) c. 4, s. 4. votinK without Any person wilfully voting, without having, at the qua ca on. ^.^^ ^^ j^.^ ^^ voting, all the qualifications required by law for entitling him so to vote, for so doing, Shall incur a penalty of $200 ; and PENALTIES UNDER ONTARIO PROVINCIAL LAWS. 329 c. at of His vote f^hall be null and void, and the burden of proof of having all the said qualifications shall be upon him. Rev. Stats, c. 10, s. IG8. Any person who votes more than once at the same election, for so doing Shall incur a penalty of $200. Every vote ho gives subsequently to his first shall be null and void. Rev. Stats, c. 10, ss. 8C and 169. Every keeper of an hotel, tavern, shop, or other place of the same description within a polling subdivision, eelliug or giving s|)irituous or fermented liquor or strong drink to any jjerson during the polling day therein or any part thereof, besides being guilty of a corrupt prac- tice, if the otfence be committed during polling hours (p), Shall incur a penalty of $100 for every offence ; Shall be subjectto imprisonment not exceeding six months at the discretion of the judge or Court, in default of payment of such fine. Rev. Stats, c. 10, s. 157. If, at any time after any person has become disqualified by virtue of the Election Act, the witnes.ses or any of them on whose testimony such person has so become disqualified, are, upon the prosecution of such person, convicted ot perjury, in respect of such testimony, it shall be lawful for such person to move the Court of Appeal to order, and the Court shall, upon bei.ng .satis- fied that such disqualification was procured by rea.son of perjury, order that such disqualification shall therefore cease and determine, and the same shall cease and deter- mine accordingly. Rev. Stats, c. 10, s. 167. Votiii(ir uiore than once. Hotel keepen, etc., sellinir or uiving liquor on polling day Removal of diisqualiflcatioii oil proof that disqualification waH procured by perjury. (p) Hee ante, Corrupt Practices "selling or giving liquor on polling day under Ontario Law." IT I li 3S0 No Hlatutorj penalty for cor- rupt (irai-tice, wheru tlie party chartered has first prosecuted a party jointly liable. Proviso. Disturbing the peace. Refusal to de- liver up wea- pons. Battery. FKNALTIES UNDER ONTARIO PROVINCIAL LAWS. No pecuniary penalty or fdit'eiture imposed by any Act of the Legislature of Ontario, sliall be recoverable for any act of bribery or corrupt practice at an election, in case it appears that the person charged and another person or persons were together guilty of the act charged either as giver and receiver, or as accomplices or other- wise, and that the person charged has |)ieviousIy bona Jide prosecuted such otiier person or persons or any of them for the said act; but this provi.sion shall not apply in case the judge, before whom the person claiming the l)enffit thereof is charged, certifies that it clearly ap]>ears to him that the per.son so charged took the first step towards the commission of the offence charged, and that such person was in fact the principal offender. Rev. Stats, c. 10, s. 173. Any person disturbing the peace and good order of an election may, under an order signed by a Returning officer or Deputy Returning officer, be imprisoned for any period not later than the final closing of the election or of the poll respectively ; which order all persons shall obey under a penalty of |20 for any refusal or neglect so to do. Rev. Stats, c. 10, s. 138. Such arrest shall not exempt the perstm from any other pains or penalties to which he has become liable — s. 139. Eveiy person refusing upon demand by a Returning oflBcer or Deputy-Returning officer during any part of a day upon which an election or poll is held, to deliver up any offensive weapon with which he may be armed, shall incur a penalty of $20, Rev. Stats, c. 10, s. 140. Every person convicted of a battery committed during any part of such days, within the li..:,. .SS-l' PENALTIES UNDER ONTARIO PROVINCIAL LAWS. othcei\ acts as such, incurs a penalty of !!)>200. Kev. Stata. c. 10, s. 22. Poraons exciud If any me in her of the Kxecutive Council, meinlter of Returning otii- the Parliament of the Dominion of Canada or of the cers, etc.,aiaiiiff Legislative Asseml»ly of Ontario, Ministei', Priest or Ecclesiastic, Juduji^ of a Court havini^ *^oneral jurisdiction throuj^hout Ontaiio, or liaviii<^ local juiisdiction through- out any (Jounty oi' other territorial <)( toaut, etc , .'H Dopiity- Keturiiiii)(otti- c.er. UefURiii^ tu HCt R8 Poll (,'lerk. Voter who has re (used the oath. Kailure of D. K. O. to Hwtur vo- ■^rH in certain ..sea. I Si;. i'tii ippwrr- M II ir k 3.S() PENALTIES UNDKK ONTARIO PUOVINCIAL LAWS. vote undor a talsc name or designation, or per.sonatos or reprtisoiits hiins(>lt' falsely as l)eiii<^ on the list of voters, such Deputy-Re turning officer, under a penalty of $200, shall administer the oath authorized by law, whether required to do so or not by any party. Rev. Stats, c. 10, s. 93. Keiusiiiof D. K. A Deputv-Rctuming officer or Poll Clerk, who, in case O. or Poll ("leik Ti- • i 1 1 1 1 1 • to attend luid aiiy votors list IS stcieu, lost or destroyed or otherwise be Hwoni 118 *<) ••' lost voters' ii8t. placed beyond the reach of the Deputy-Returning officer, omits to attend per.>l of the County or District, until thence dis- charged by an order of the Legislative Assembly. Rev. Stats, c. 10, s. 123. Returning (.Hi- If any Returning officer wilfully delays, neglects or cer may bo sued „ , , i "^ i , i i for neifieeting reiuscs duly to returu any ])ei'son who ought to be to return any _ _ person duly" returned, such person ma}^ in case it has been so deter- mined on the hearing of an election petition, sue the Returning officer, and shall recover double the damages he has sustained by reason thei-eof, .together with full costs of suit, jjrovided such action be commenced within one 5'ear after the commission of the act on which it is grounded, oi' within six months after the conclusion of the trial relating to such election. Rev. Stats, c. 10, s. 1 29. Returning otfi- If any Returning officer, Deputy-Returning officer, or fying list! eV any other persou wjiose duty it is to deliver copies or have the custody of any certified li.st of voters, wilfully makes any alteration, omission or insertion, or in any way wilfully falsifies any such certified list or copy, every •KNAUTIES UNDEH ONTARIO FHOVINCiAI. LAWS. M.S7 Huch i>ersim fjlmll incur a penalty of S2,()00. Rev. Stats. c. 10, s. 177. Ativ Deputy-Kotmriiiijjt officer or Poll Clerk who Neglect otD. k refuses or nejnrlects to portorm any (»t the ol»liject, foii'cit to any person aggrieved by such misfeasance, act or omission, a penal sum of SiOO. Rev. Stats, c. 10, s. 181. Where there is no voter-s' list, in case a Deputy-Return- d. k. o. reject- ,, . 1 i p • 1 1 ill); vote in jfoixl ing officer rejects the vote or a per.son entitled to vote, faith, where '='.'' , , there in HO if his rejecting the vote was iii good faith and fiom voters' ii»t. believing, and having reasonable grounds for believing, that such person was not entitled to vote, such Deputy- Returning officer shall not be subject to any penalty (s). 47 Vic. (Out), c. 4, s. 20. No person di.squalitied and incompetent to vote, under ni-quaiitied r 1 n I • * \ I 1 1 f person actin^f section 4 or the li.iection Act.(^) shall act as agent for any »» agent, candidate under penalty of .S2.000. Rev. Stats, c. 10, .s. 192. ■ An agent, who' has received a certificate entitling AKentvotinic I , . , 111 "'' certifleate him to vote at a 'tolling place other than the one at without havinjc , . taken oath. which he would otherwise be entitled to vote, and who votes without having fiist taken an oath of qualification, incurs a penalty of $i00. 46 Vic. c. 2, s. 4, subsection (5). («) See Walton v. Apjohn, 5 Ont. R. 6.5, in consequence of which casi' tlie uection was passed. {t) See ante, " Ontario Provincial Franchise. " m r i V. H \ \h M; M 338 I'KNALTIES UNDKR ONTARIO PROVINCIAL LAWS. Koturninif offl A Returning officer giving to moro than two agents of cer f/t'winti certi- ' _ flcatetomore the sauie Candidate at any one polling place a certificate than two ajfentM '' ' o i of same cai.di- under KBctiou 87 of the Election Act, entitling them to date. Frocedurd, etc. Payment of Election ex- peiiseH, etc. vote at such polling place, instead of their regular polling place, incui-s a penalty of $400. 46 Vic. c. 2 s. 4, .subs. (')). All penalties imposed by the Election Act are recover- able with full co.sts, by any person who will sue by action of debtor information ; and in default of payment, itiiprisonment until the debt and costs are paid is pre- scribed. Rev. ytats. c. 10, s. 182. Proeedur<; by sum- mons in case of chaiges of corrupt practices against pers(»us not parties to an election petition is provided for by 47 Vic. c. 4. s. 31. Provisions similar to those in the Dominion Act relative to the payment of the candidate's election expenses and the delivery of detailed statements to the Returning officer for publication (a) are contained in the Ontario Act (v), the only material difference being the oPii.ssion to declare the violation of the provisions a misdemeanor, as in the Doniinion Statutes, and the amount of the penalty for default in delivery of the statement, which is phiceil at $2o per day. (m) See ante., " l''jnalties undei Doiuitiion Laws" and notes. (v) Kt!V. Stats. Ont. c. 10, sees. I8.*{ to ISO incliLsivn ; us to what •' personal expenses" of ( andidate inchnles, see 42 Vie. (Ont. ) c. 4. s. lU. I CHAPTER V. CONDUCT OF THE ELECTION. oiml An election, speaking generally, will hv void at when election ..... 1 " , *'f '"^ *' Coin- Comnon Law if it be so irrey-iilarly coiKliieteil as to «"on-Lawfor " '' irreK'ularitv. prevent it in the opinion of the judge from being a true election (a). Thus, where, owing to a mistake of the Keturniug officer, several polling places were closed during the whole of the ])ollino- day, and others during a considerable part of it, and a large number of electors were in consequence unable to vote, the election was declared void at Common Law {d). The Common Law of England relating to Parliamentary elections is in force common Lawn. . I . , y > force here. in this country (c). By section 13 of the Dominion Electiijns Act in cases unforeseen de where, from unforeseen delays, acciilent or otherwise, the p^ost'in/uV'V"- , . Ill 1 claniatioii, or proclamation could not be posted io so as to lea'^e the '•«»"'"' "»"•'• ^ ' date. required eight (]Kys delay between the posting up of the j)roclamation and the nomination day ajjpointed or in case of death of any candidate aftru- his being nominateil, the Returning officer may fix another day for the nomi- NewdB> tobe nation of candidates, which day shall be the nearest day nation. (a) I' ckney, 2 O'M. ami H. 77; Woo/hi'anf v. Sarnon:, 10 L. R. C. l\ 7.33. (/)) Hackney 2 (Y},\. k H. 77. (c) Coniwal' [l)om.\ Eiectian. lier. it is declared '• that it has been and is, the policy of the election law, and the intension and meaning of the several statutes in that behalf, that no election was or is void for any irregularity on the parr, of the Returning officer, utdess it appeajs to the tribunal having cognizance of the (piestion that the irregularity affectetl the result of the election." This, it is presumed, was intended to provide for a concurrent ju'lgmcnt 1/3' the two judges, who under the Ontario law, try election cases, before the election could be set aside for such irregularity. The provisions in both Dominion and Ontario Acts KuKiish Haiiot are very similar to those contained in section 13 of the Imperial Ballot Act LS72. In the Hackney case {ut, ' did not affect the result of the election.' Does not the word ' afi'ect ' mean substantially ' bear upon the result^ " Lord CJoleridge in another case (/<•) said : " We think, thouj^h theie was an electi«)n in the sense of their havini; been a selection by the will of the constituency, that th.e (question must in like maimer be, whether the departuie from the prescrilusd method of election is so great that the tribunal is satisfied, as matter of fact, that the election was not an election under the existing law. It is not enough to say that gieat mistakes were made in (tarrying out the election undei' those laws ; it is neces- saiy to be able tosa}' that, either wilfully or erroneously, the election was not cairied out under those laws, but untler .sonie other nuithod." sll^rl>t irrcRu Slight irregularity in the conduct of the election will lanty will iii>t i • • i • ■• • i i ■ i vitiate election, not render it void, it it be shewn to have been conducted {h) Wooiht-firU V. SlnrHonx. 10 I.. K ('. P. 733, Wnrrinufoii, 1 O'M & H. 44 CONDUCT OK THK KLECTION. .S43 substantially in accordance with the provisions of the Act. In the Eaf ; <}in'i'ii'.< (\n(. <■tl.s^. ", Sup. Ct. 't\l. CONDUCT OF THE ELECTION. 345 desire to do his duty, and in such a way as not to allow any person to see rhe front of the l)all(»t paper, and with the assent of the agents of b(jtli ]:)arties, took tlie ballots out of the box and obliterate 1 the marks he had put upon them, the ballots were held tfood and the irregular- ities within section 80 of the Dominion Act (q). Where the presiding (jlticer wrapped up the voting papei's of illiterate voters each in the corresponding declaration of inability to read and placed them in the ballot box, so that it would have been possible for the votei*s to be identified at the counting of" the votes, though this was not in fact done ; it did not vitiate the election (r). Where, however, numbers were placed on the ballots Numbers piac'd , . • I 1 1 11 <« "" ballots. corresponding witfi the numbers attacfied to names oi voters on the voters' list, thereby rendering it |)OSHible to identify the voters with the ballots " was held that such ballots nust be rejected, an,; ';*_' CONDUCT OF THE ELECTION. wiong votei-s' list has boon u.sed. Richards, O. J., in the Monck case (u) saiil, " I am now cotisideiinsf this point, assuming that the last list sent in is inegtilar, and not the one which the statute requires. I think. the party desii'ous of setting aside the electioji must go much furtliei', and shew that some voter who by that list was entitled to vote had tendered his vote, and that it was rejected, and that there are a sufHcient number of such votes to affect the result of the eleetion. Taking an extreme view in favour of the petitioner, he would he bound to shew that there were persons w'.iose names were on the proper list, and who were etv titled to vote, but did not vote at the election, and that there were a sufficient number of such voters to affect the result, supposing they had all voted for the petitioner." Where, however, 3o persons whose names were, on the list used, but not on the list which should have been used, voted for the respondent, and these being struck off, the respondent was left in aminoiity of 19, the other candidate for whom the seat was claimed was declared elected (v). The nomination paper of B., one of the candidates at an election, was signed by twenty-five persons, and had the affidavit of the attesting witness duly sworn to as required by the statute. The Election Clerk found that one of the twenty-five persons was not entered on the voters' lists, and thereupon the Retui-ning officer and Election Clerk compared the names on the nomination paper witli the certified voters' lists in his possession, and on finding that only twenty-four of the persons who had so signed were duly qualified electors, he rejected (m) 32 U. C. Q. B. 1 '>3. A majority of those votes appearing on the list used, but not upon the list which shoulil liave been used, were polled for the fietitiotH.r's side. (w) Prince Kilwnrd KUction U) (>»f. 1 H. K. C. 160. i 11 CONDUCT OF THK ELECTION. 347 B's. noniinatioii paper, and returned the respondent. It was held that he shouhl have received the nomination paper; and that if tiie election liad r^one on, the defect in the nomination paper would not, accor ^electors, because the Act requires that the nomination shall be by twenty-five. I am disposed to think, too, he can reject a paper signed by twenty-five, if it were declired by the candidate that the paper was a sham ; that the tiames were those of peisons who were not electors et all, and never had been; or that half the names were forgeries; and if there were good reasons for the Retwrning officer to believe that statement, and he did believe it I think, however, with much hesi- tation, that the defect in this case, which I have no doubt exists, was one to which the Returning officer should not have yielded " {w). No nomination paper is required under the Ontario Act. It has been held that an omission by a candidate to q^jj^jo,, ^^ap- ap{)oint an agent for election expenses on the day of S^ent. '"""'"* electiim will not render his nomination bad (a;). (w) South lieii/irir (2), 1. H. K. C. 705. (a:) iVayf>2()'M.& H. 191. •*; •If-nn : ! i. ; ■il 348 CONDUCT OF THE ELECTION. Nomination im A nomination paper, y Supremo in tfje liuthweU case (c) says, " Alter a good deal of con- c<.urt lis to bui- (tt) See "Penalties under Dominion Liiwh" notr. (h) vSec. 41 Vic. (Dom). c. (i, h. (i ■ Rev. SUts. Ont. c 10, h. 97. aineufled by 42 Vic. (Ont.) c. 4, 8. ).*{. (c) 8 Sup. (!t. at p. (W(). 'i'he rule laid down hy tiie (liiief dnstice waH concurred in hy a nuijoiity of tlie (Jourt, viz : Kouinicr, Henry and (Jwynnc .J.J. M\ |r M«/ ! ^u IMAGE EVALUATION TEST TARGET (MT-3) 1.0 if 1^ 1^ I.I 1.25 ■^ !■■ mil 2 2 "■^^^ llll "•" I" 1^ ^ I lis, 12.0 1.8 U III 1.6 v: ^ /a /a o 7 /A 4 ^^ S: ^^ iV v> "% V ;\ ^. rv &. o^ 350 BALLOT PAPERS. lot marks. Ir il: I V. m h sideration, I find it impossible to lay down a hard and fast rule by which.it can be determined whetliera mark is a good or a bad cross. I think that whenever the mark evidences an attempt or intention to make a cioss, though the cross may be in some respects imperfect, it should be counted, unless from the peculiarity of the mark made, it can be reasonably inferred that there was not an honest design simply to make a cross, but there was also an intention so to mark the paper that it could be idtmtified, in which case the ballot should, in my opinion, be rejected. But, if the mark made indicates no design of complying with the law, but, on the contrary, a clear intent not to mark with a cro.ss as the law directs, as for instance, by making a straight line or a round O, then such n(jn-compliance with the law, in my opinion, renders the ballot null ; the irresistible pre- sumption from such a plain and wilful depar£ure t'roia the terms of the Statute being that it was so marked for a sinister purpose " (d). In pursuance of the principle thus adopted, his lordship held to be » Valid Ballots. 1. — A ballot marked with an inverted V. 2. — A ballot marked with, moie than one cross for the same candidate. In the Queen's County case (e) ballots containing names of four candidates were held valid in the follow- ing cases : • 3. — Ballots containing two cro.s.ses, one on the line above the first name and one on the line above the (rf) The Court declined to follow WomlimnI v. Sarnom. L. R. 10 C. P. 733 upon this point. ' ' ' . ie) 7 Su|». Ct.247. ■ ' , ' "♦ ' ' ^ ' ' "' Kaltuts, when good. BALLOT PAPERS. 351 4. second name, valid for the two first named candidates. Ballots containing two crosses, one on the line above the first name, and one on the line dividing the - • second and third compartments, valid for the first named candidate. 5. — Ballots containing properly made crosses in two of the compartments of the ballot paper, with a slight lead pencil stroke in another compartment. 6. — Ballots marked in the proper compartments thus, 7. In the North Victoria case (/) the following were held valid : 7. — Ballots with a cross to the right just after the candi- date's name, but in the same column, and not in the column on the right hand side of the name, (anywhere within the division where candidate's name is, is now sufficient) {g). Ballots with an ill-formed cross, or with small lines at the ends of the cross, or with a line across the centre or one" of the limbs of the cross, or with a curved line like the blades of an anchor. In the Monch case (h) the following were held sufficient: 9. — An irregular mark in the figure of a cross, so long as it does not lose the form of a cross. 10. — A cross not in the proper compartment of the ballot paper, but still to the right of the candidate's name (i). 8 (/) 1 H. P]. C. 671. (j/) See 41 Vic. (Dom.) c. (i, s. 6 ; and 42 Vic. (Ont.) c. 4, a. 13. (A) 1 H. E. C. 7'2o. (t) The form of the ballot paper has been changed, and a cross anywhere within the division containing the candidate's name is now sutKcient. See 41 Vic. (Dom.) c. 6, 8. 6; 42 V. (Ont.) c. 4, s. I». • 111' f«t, m. ri i i i |.,H ?f \H i Hi It t'ifi 352 iii I I iii li, When bail. BALLOT PAPERS. 11. — A cross with a line before it. 12. — A cross rightly placed, with two additional crosses, one across the other candidate's name, and the other to the left. 13. — A cro-s in the right place on the back of the ballot paper (this however is overruled in Queen's County case (j) and was not followed in the South Weatworth, Ontario, case (/c). 14 — A double cross or two crosses. 15. — Ballot paper inadvertently torn. 16. — ^Iriadverteiit marks in addition to the cross. 17. — Cross made with pen and ink instead of pencil (l). A voter who had inadvertently torn his ballot in two, and, whose ballot was rejected on the, counting of votes was allowed his vote in an Ontario case (m), the evidence proving that no trick was intended for the purpose of shewing how he intended to vote. The followino: have been held to be Invalid Ballots. 1. — Ballots marked with a straight line (n). 2. — Ballots marked with an O (o). 3. — Ballots marked with a cross in the right place on the back, instead of on the printed side (p). 4. — Ballots marked with an x instead of a cross (q). 0) 7 Sup. Ct. 247. (k) South Wenlworth, 1 H. E. C. 531. (I) The Deputy-Returning officer having supplied Ihepen and ink instead of pencil. (m) S. Wentworth, 1 H. K. C. 531. («) Bothwell, 8 Sup. Ct. (i76. S. Wentworth, 1 H. E. C. 631, Monck lb. 1'25; N. Victoria, lb. 671. (o) Bothwdl, 8 Sup. Ct. 676. (p) Queen's Coy. 7 Sup. Ct. 247 ; S. Wentworth, 1 H. E. C. 631. See also Bermcic upon- Tweed, 3 O'M. & H. 182. (q) Queen's Coy., Supra. BALLOT PAPERS. 353 5. — Ballots with the candidate's name written thereon in addition to the cross (r). 6. — Ballots with marks in addition to the cross, by which the voter might be identified, although not put there by the voter in order that he might be identified (s). 7. — Ballots marked with a number of lines (t). 8, — Ballots with a cross for each candidate (u). 9. — Ballots marked with the initials of the voter or some mark, known as being one used by him (v). 10. — Two single strokes not crossing (ui). The English and Scotch Courts came to different con- Eneushautho- clusions from the above in several instances, in the "*'^ Wigtown cases (x) and in Woodward v. Sarsons (y). The learned judges in the Canadian Courts have how- ever justified their departure from the rules laid down in these decisions by pointing out that the English Act is merely directory in some respects in which our Acts are mandatory (z). {r) N. Victoria, 1 H. E. C. 671. . {s) Ibid, (t) Ih. (m) Ih. (v) Monck, I H. E. C. 725. (w) Ibid. ' ' {X) 2 O'M. & H. 217 and 233. iy) 10 L. R. C. P. 733. (2) VerGwyunne, J., in Hot hwel', 8 iup. Ct. p. 718; Moas, C. J., ills'. fVentworth, I H. E. C. at p. 535. Leigli & LeMarchant's Law of Elections, 4 Ed. p. 181. 1)1 I (;i: ■! ) CHAPITER VII. PERSONS WHO MAY NOT BE ELECTED NOR SIT AND VOTE. Common Law disqusilifioH- tioDB. In the absence of statutory enactments, the common political law governs in England and her dependencies (a). Under it the ibllowing are incapable of executing the trust of members : Minors (6). , Women (c). Lunatics and idiots (d). Traitors (e). Felons (/). (a) Boiirinot's Parliamentary Proc. p. 112, note 4. (b) In the opinion of Coke, infants were disqualified at Common law. In Tren- chai'd's case (2,Hatsell 9: 10 Comm. J. 508), however, an admitted minor was declared duly elected ; but in lAtivson'fi caxe (18 Comm. J. 672), a member's petition waft withdrawn on account of minority. Minors were sometimes connived at in Parliament, as in the case of Charles James Fox, who sat and spoke before he became of age. See Lely & Foulkes Par. El. Acts, 347. (c) 1 Seldon's Works, 1083 ; Lely & Foulkes Parly. El. Acts, 347. (d) 4 Inst. 48 ; 1 Bl. Com. 175; Todd's Pari. Law, 81 ; Bourinot's Parly. Pro. p. 122, note 4 ; Lely & Foulkes Pari. Fl. Acts, 348. A member sane, when returned, . has his seat vacated if he become insane, Grampound D'Ewes, 126 ; but the lunacy must'be incurable, AU'ock'n ca,ie, 66 Com. J. 226 ; 2 Hatsell, 35 n ; Crooks' rase., Ont. Leg. J., Vol. 17, App. No. 1. (e) Todd's Pari. Law. 81. (/) Ihid. (354) ■ . ■ • * ■ WHO MAY NOT BE ELECTED, ETC. 355 Outlaws in criminal prosecutions ((/). Infamous persons (//). Returning officers (/iA). The above is not an exhaustive list (i). Some of those hereafter mentioned as disqualified by statutory enactment would very possibly be also dis- qualified by common law. By section 39 of tlie British North America Act .senators. (18G7), a senator shall not be capable of being elected to or of sitting or voting as a member of the House of Commons. -^ By 35 Vic. c. 15, and 36 Vic. cap. 2 (Dominion Stats.), Members of r» 1 1 • I • •! tin Provincial Leg- members of the legislative council or assembly of any isiatures. province now, or hereafter to be included within the Dominion are incapable of being elected to or of sitting ■ and voting in the House of Commons. A member of the House of Commons who accepts a seat in a provin- cial legislature must vacate his seat in the former body ; and any person violating these Acts is liable to a penalty of $2,000 for every day he sits and votes. By statutes of the several provinces, no senator jr Members of member of the House of Commons can sit in the legis- mon^ disquaii- fleJ from Nittinj; lative councils or assemblies of the provinces ; with this in Provincial ^ ' Legislatures single exception that a senator may sit in the legislative Exception. council of Quebec (j). A member of a provincial legislature desiring to Member ot a become a candidate for the House of Commons may, resiirn and be ' (gj Todd's Pari. Law, 81 . ~~~ (/t) -Ibid 83. (hh) lb. ' • . (i) Ministers of all professions were rendered ineligible in Canada by Imp. Act 31 Geo. Ill, 0. 31, s. 21, see Todd's Pari. Law, 83 ; but see Imp. Act 3 & 4 Vic. (Union Act) c. 35. Avowed infidels Mould also appear to be disqualified according to Todd. {j) Bourinot's Pari. Pro. p. 125. A 23 • m an'' p n f ! it ... fe m 35H WHO MAY NOT BE ELECTED, ETC. Manner ut' re signing. elected to the howovev, resign his seat in the provincial house ; but he Commons, should be careful to see that his resignation is regularly ami vicevi'ixa. made (Ic). So also, a member of the House of Commons may resign his seat by giving, in his place in the House, notice of his intention to resign ; or by a declaration of sucit intention in writing under his hand and seal made before two witnesses. If during a recess, and there be no speaker, or the member be himself speaker, he ma}- address and cause to bo delivered such declaration to any two members of the House ; but no member shall tender his resignation while his election is lawfully contested, or until after the expiration of the time during which it may by law be contested on other grounds than corrup- tion or bribery (l). Holder.. f office No pcrsou accepting or holding any office, commission of emolument , . , • i . ,. under the Own or employment, permanent or temporary in the service of the Government of Canada, at the nomination of the Crown, or at the nomination of any of the officers of the Government of Canada, to which any salary, fee, wages, allowance, emolument or profit of any kind is attached, is eligible as a member of the House of Commons, nor shall sit or vote therein (m). (k) Two notable cases arising ont of informalities in resignations came before the House, one in the session of 1874, and the other in the session of 1883. In the first case the member was speaker of the Legislative Assembly of Prince Edward Island, and resigned his seat by letter addressed to the Lieutenant-Governor of the Island, before becoming a candidate for tiie House of Commons, to which he was elected and returned. The Committee on Privileges sustained his election. An Act of indem- nity was however passed. In the other case the returning officer made a " double return " and the House itself decided the question against the candidate who had failed to formally resign his seat in the Legislature before the election, and in favour of the candidate who received the ne sign (jne portfolio and accept another within one month of such resignation, without thereby vacating his seat, unless the Administration of which he was a member shall have resigned and a new Administration shall have been formed, and shall have occupied the said offices (oo). Nj person whosoever, directly or indirectly, alone or with any other, by himself or by the interposition of any trustee or third party, holding or enjoying, undei'taking or executing any contract or agreement, express or implied, with or for the Government of Canada on behalf of the Crown, or with or for any of the offices of the Government of Canada, for which any public money of Canada is to be paid, shall be eligible as a member of the House of Commons (p) ; nor shall he sit or vote in the Sheriffs, Regis- trais, Clerks of Peace it County Attorneys. Ministers of Crown not dis- qualifled. A minister may exchange one portfolio for an- other without vacating his seat Coutract'rs with the Governm'nt (n) 41 Vic. c. 5, 8. 1. (0) lb. {oo) lb. (p) Where nothing remains to be done under the contract, but the payment of the consideration by the (lovernment Department, the section does not apply. A con- tract was entered into in June, 1868, for the supply of goods for the public service of India. The contract was completely executed by the contractors by the delivery and acceptance of the goods by the 23rd October, 1868 ; but the contractors did not receive payment from the India office until the 18tli January, 1869. In the interval, viz: on the 18th Nov., 1868, one of the contractors was elected a member of the House of Commons ; it was held that, assuming the contract to be within 22 Geo c. 45, s. 1 (which corresponds substantially with the Canadian statute), it did no,, avoid the election, Royse v. Biiity, 4 L. R. C. P. 296. A firm, in which a member of the House of Connnons in England was a partner, sold and delivered goods for the service of a lunatic asylum which liad been appropriated to criminal lunatics under the royal sign manual, pursuant to 23 & 24 Vic. c. 75, in ignorance that they were ' p '^ Sv ', !; ! ffc !t *'i I !l -'^ ill IHW ';ii •If is^iH '' 35S WHO MAY NOT BE FA.ECTED, KT<'. said House (q). If any such person or any person disqualified by holding an office of emolument or beinj^ a Sheriff, Refifistrar, Clerk of the Peace or County Attorney, &< before mentioned, be nevertheless returned as a member, his election and return shall be null an cers or men. I (t) 41 Vic. (Dom). f. ."), s. -S. («) Ih. B, 7. {v) Ih. s. 9. m^ H 1} I i 1 P ' III ', ll i! } !;■ ■i- 1 T. .; J 1 J- > ( ' 1 1 b ": i ^ . 1 ; 1 i 9 n M i: 3()0 Revising uWc'n C'orni|it I'l-ac Uces A member can- not serve (or more than one constituency. Alienx not qiia- lifled ^o property qualifi cation required. WHO MAY NOT RE ELECTED, ETC. A revising officer is disqualified from being a candi- date in any electoral district, for which or any part of which he has been such revising officer during the time he holds office and for two year.s thereafter (w). The disqualifications for Corrupt Practices at elections, etc., have been already pointed out in the chapter on " Penalties under Dominion Laws. " A member of Parliament already returned for one constituency is ineligible for any other until his first seat is vacated (x). In case a member is returned for two constituencies he must make his election for which of the places he will serve by formally resigning his seat in the other when the House is in session (y). Aliens are not eligible unless naturalized under an Act of the Parliament of Great Britain or of the United Kingdom of Great Britain and Ii dand, or of the Legis- lature of one of the confederated Provinces (z). No qualification in real estate is now required of any candidate foj- a seat in the House of Commons of Canada (a). No Senator or No Senator, aiul no Privy Councillor of the Dominion eligible us a of Canada who is a member of the House of Commons, member of Ont. , . ^ , , Leg. .Assembly, .shall be eligible as a member of the Legislative Assembly of Ontario, nor shall sit or vote in the same (b). Members ot If any uember of the Legislative Assembly sits and House (if Com- ,• i xr ,• /-i i • monsineiisribie. votes as a member of the House of Commons, his election to the Assembly thereby becomes void (c). (to) Electoral Franchise Act. (48 Vic.) s. 12, aiifp. {x) xMay Pari. Pro. p. 32. iy) Bouriuot's Pari. Pro. p. 139. (s) 37 Vic. (Dom). c. 9, s. 20. (a) Ibiil. (6) Rev. .Stats. Ont. c. 12. s. r,. (c) Ih. 8. 6. WHO MAV NOT BE ELECTED, ETC. 8fll No person accepting or holding any office, commission or employment either in the service of the Dominion of Canada, or in the service of the Government of Ontario, at the nomination of the Crown or of the Lieutenant- Governoi', to which any salary, oi- any fee, allowance or emolument in lieu of any salary from the Crown or from the Province is attached ; or accepting or holding any office, commission or employment of proHt at the nomi- nation of the Crown, or of the Government, or of any head of a Department in the Government of Ontario, whether such profit is or is not payable out of the public funds ; shall be eligible as a member of the Legislative Assembly, or shall sit or vote in the same during the time he holds such office, commission or employment (d). Members of the Executive Council, officers of Her Majesty's Army or Navy, officers of the Militia and Militiamen (otlier than officers on the Militia Staff iieceiving permanent salaries). Justices of the Peace, Notaries and Coroners are, however, not ineligible, unless otherwise disqualified (e). No |)ei'son whosoever holding or enjoying, undertaking or executing, dii'ectly or indirectly, alone or with aiiy other, by himself or by the interposition of any trustee or third party, any contract or agreement with Her Majesty, or with any public officer or department, with respect to the public service of Ontario, or under which any public money of Ontario is to be paid for any service or work, matter or thing, shall be eligible as a member of the Legislative Assembly, nor shall he sit or vote in the same (/). Pt'Moiit lioldin)f olfiues of emol- ument nt the no'niniitiun of th "own IneU- ){ibi«3. ExueptiiiiiH — Mutrberg of Ex- ecutive Council; offlcerBinArniy, Navy and Milii- tia and Militia- men ; J. P's. Notaries and Coroners. Publiucontraut- org ineligrible, (d) Rev. Stats. Out. c. 12, s. 7. But this does not apply to any person who was on 2ncl Maroh, 1872, a member of the Assembly, and who. at the time of liis election held sueh an otiice, etc., s. 7, subs. 2. (e) Rev. Stats. Ont. c. 12, s. 7 and 42 Vic. (Ont.) c. 2, s. 7. i/) Rev. Stats. Ont. c. 12. a. 8. yr if'» 8()2 11 WHO MAY NOT BE ELECTED, ETC. ti I' W .111 ! The Provincial Act 42 Vic. cap. 2, contains the follow ing provisions : . . suietiBB oj She " 8. A pcrson shall not be incapable of being elected a ineiiVibieaH member of the Legislative As.sembly by reason of his members o( the LcKiaiative As- being a surctv for a sheriff, registrar, county attorney, ienibly. ^ ... . clerk or bailiff of a division cotirt, or other public officer, or by reason of his being a surety or contractor for the payment of the maintenance of a patient of a public asylum for the insane, unless such person is otherwise . s. K. WHO MAY NOT BE ELECTED, ETC. .S63 the Executive Council may, however, resign one port- be re-elected, folio and within one month of such lesignation accept portf.Zr**^ another portfolio, without vacating his seat, unless the Administration of which such person was a member has resigned, and a new administration occupies th(; said offices (^). If any person, declared ineligible by the Provincial J'mn.iar^ pen- 4 , .. 111. ,' alt.v Oil di8, the description of qualifying property ; No. 7, the nature of title ; No. 8, the name of parent, if qualified as son of farmer or other owner of real property, and name of Landloid if qualification is as tenant. And I luive a per- sonal knowledge of the matters herein deposed to, and 1 know the said particulars to be true ; and I make tliis solemn declaration, conscientiously believing the same to be true, and by virtue of the Act passed in tlie thirty -seventh year of Her Majesty's reign, intituled. "' An Act for tlie suppression of voluntary and extra-judicial lloii-'< o/ jie.rwii or persons nominated) as a candidate at the election now about to be held of a member to represent the said Electoral District in the House of Commons of Canada. Witness our liands at in the said Electoral District this day of 18 Signed, by the said electors, in pre- | SSUjnutures of Jn Elictom ii'ith renidffiK". sence of of ((idditlous) ) and additions. Signature of Witiicxtior Witnesses and additioiii. 1, the said , nominated hi the foregoing Nomination I'aper, liereby consent to such nomination. Witness my hand at , this day of 188 . Signed by the said nominee, in pre- / Sii/natitre of Nominee, with residence, and sence of of [addition.'^) \ additions. Siijnature of Witness and additions. Oath of attestation of Nomination Paper to be made by the person or one or more of the persons producing the paper to the Returning officer, (Dom. F^lection Act, 1874, s. 21.) I, A. B., of , {additions) solemnly swear, (or if he he one of the persons permitted by /a/r to affirm in ciri' cu.ii's, solemnly attirm) tliatl know, (nientionimj the names of the -oir/ners knoirn to him), and that tliey are duly (jualitied as Electors of the Electoral District of , to vote at an election of a member to serve in the House of Commons of Canada, and tliat they respectively signed the foregoing (or witliin) nomination paper in my presence ; and furtlier (if the case be so), that I know the said , therel)y nominated as a can {Signature). .\. B. II ' iin :i()8 APPENDIX. (8) Konn of appointment ol Kinancial Agent to be handed to Returning Otticer on or before the Nomination day. I, , one of the candidates at the election of a member of the House of Commonw (o?-, the Legislative Assembly of the Province of Ontario,) now about to be held for the Electoral District of do hereby declare that I have appointed as the agent through whom all payments (except in respect of my personal expenses) on my behalf at the said election are to be made ; and to whom all bills, charges and claims upon me are to be sent within one month after tlie day of the declaration of the election ; and that the address of my said agent is at (AddriKx of A;ffut). Datetl this, etc. •|"o i Returning Otticer at tlu- said election. {SigiuUure of Candhlaff. ) \P^ Wv' m if !< ; \\ h I KKSOLUTIONS OF QUKBEC REVISING OFKIOERS. Kxtract from Proceedings of (Quebec Revising Officers" meeting, held at Quebec, January Uth^ 1886. Procedant ensnite a Texamen du dit Acte, Tassemblee est d'opinion : 1. Que (juand ils ne sont pas autrement (lualific's, les Cures doivent etrc inscrits comme nsnfrui tiers, et les institutiers, les sacristains et les gardiens de gares de chemin de fer, comme occitptiiitt. 2. Que dans les districts organises, aucun nom ne doit etre entre sur la liste preliminaire, s'il ne sc trouve pas sur les derniei's rules de cotisation ou d'evaluation ou sur les dernieres listes electorales revisees, a moius (^u'application ait etc faite par ecrit par la personne, (jui veut faire entrer son nom sur la liste, ou par (juelqu un pour elle, euont,'ant les raisons qui lui donnent le droit de faire inscrire son nom sur la liste preliminaire, et que la dite application ait ete remise au Reviseur. 8. Que le Reviseur, en recevant I'application dont il est parle ci dessus, ne doit la prendre en consideration, que quand elle sera appuyee d'une declaration .solennelle ct de pieces ou preuves par lui jugees satisfaisantes. 4. Que le Reviseur doit entrer sur la liste les noms de toutes personnes ayant le cens electoral (juand meme, lors de la confection de la liste, elles seraient decjualifiees pour voter (a). 5. Qu'en vertu de la section 16, il sera affiche sn exemplaire et il devra etre adresse par la poste, deux exemplaires de la liste electorate a chacun des officiers nommes dans la dite section, que copie de cette interpretation soit communiquee a I'Hon. Secretaire d'Etat pour avoir I'opinion des officiers en loi ; et que cette inter- pretation sera 1^ regie de conduite des Reviseurs, si le Secretaire d'Etat ne leur com- munique des instructions contraires.. 6. Que pour la Revision preliminaire, le Reviseur ne doit sieger qu'a un seul endroit dans la division electorale pour hKjuelle il est nomme. 7. Que pour la revision finale, il n'est pas necessaire que la Reviseur siege dans uhaque arrondissement de votation ; mais seiilement dans chaque numicipalite. faj See p. 41, note (y) antf. INDEX. tAn 32 36 40 40 40 196 103 I] 8 Abduction, see Undue Influence Absence, occasional, of Owner's son, allowed Dominion I ranchise ' " " Fanner's " " " « " "Mariner's" " " .. " " Fishermen's son, allowed " " " ■' Students " «« << •' " Under Nova Scotia Provincial Act " Landholder's son, Ont. Prov'l. Fran. Act. . Actual possession, v^ hat is Actual possession by owner, Dominion Franchise Actual possession, occupant must be in, Dominion Franchise." ,4 " Actual value," meaning of, Dominion Franchise it " " Ont.Prov'l. " ...'.'.'..'".'. goqi" Jo Adjournment, revising officers' powers as to, 68 ; see Judges Advocate's " professional services," payment for to a voter 040 Qi^i " Affect the result," meaning of 342 ; see also lielievhig sections' in Ontario Acf. ' Agency,— Who is an agent Candidate liable for his acts ... ^ 092 Law analagous to that of Master and Servant "294 When agency commences When terminated ,[[[[ ^^ Sub-agents S? Agent exceeding his authority Joint agency by coalition of candidates What constitutes agency Being a member of a nominating convention " an association or committee Canvassing apart from candidate Canvassing in company with candidate Attending meetings and speaking Bringing voters to the poll , * What does not constitute agency Being employed as a card messenger Being messenger of a volunteer committee Being canvasser for an independent association ..'.'.. (369) 295 .... 296 . . 296 297, 298 . . . . 298 . .302 303 . . . . 303 . . 304 . . . . 305 . . , . 305 .... 305 . . 305 ... 305 1^ rw 870 INDEX. l\ ;* i '-' \'U\ AuKNCY. — Being employed ub " objector general '" Treacherous agent See Ayentti ' AoKNTS — When disciualified ; see Employment at or before election " " " Dixqualifvation of votert disqualified person acting as ; see Penalties ; character and position of one conunitting corrupt practices, when considered ; see Believing nectionx in Ontario Acts voting without certificate ; see Pe7ialtieii, ... " on " to take oath ; see Penalties no more than two for same candidate to receive certificates at one polling place ; see Penalties ■ infringement of rules as to secrecy by " " *' " " " " see Penalties may appear before Revising Officer " " " Judge on appeal see Afjency Age, voter must be 21 years of .' ' ' when completed " when not of, voter may be registered in certain cases, under Ontario Act 117, Algoma, voters in ; see Introduchon " " " Ontario Provincial Franchise 105, Alien, laws as to " may not vote 24, (iO, 99, 172, 187, 194, 209, 213, 226, " may not be members of Parliament Amendment, notice of ; see List of Voters, Dominion Franchise " revising officers' powers as to 68, " judges powers as to, otc. ; see Judges Annuitant in possession, right of to vote Appeal, from Court of Revision ; see Court of Revision '• Revising Officer, Dominion Franchise 59, 60, 61, 65, " " " List certified while appeal pending •' " •" Amended list to be furnished " li • .. j^Q appeal where Rev. officer a Judge , " . " '• Notice of appeal, when to be given " . " 'To be served on opposite party " " " Revising Officer to transmit notice and copy of decision ' • Formalities required ' " Appeals to be heard in municipality *■ Notice of time and place to Revising Officer and parties ' • Procedure I'AOK .W5 .{OH ta a(l , " production of on re-co\nit, Ontaiio Provincial. . *' and ballot boxes, <)H'ences us to ; sec I'timltki^ Battery ; see PenaUicn Beneficial owner 5, H, 8, Betting ; see lirihirij Betting and supplying money to l)et under Ontario Act Boarder, not a '* iiouselioldcr.'" under Ontario Act Board and lodging, may l)e indiuled in income (jiuilitication in Counties, Domin- ion Franchise Act " " '* " '• '• in income or wages <|ualiHcati(m under Ont. I'rov'l. Krancliisc " " '• " not be " in cities, towns or villages Board of County J udges ; see Jitdfits Bona Kide tenancy re((uired to give vote (Dominion Franchise) " occupancy " " " " " " " " *' " •• '• " (Ontario I'rovincial) Briiikkv — Uetinitions under Dominion Election Law 23$), " " " Ontario " " 239, *' Penalties for, 240, 241 ; see l'( iiultkx ' ' an offence at Common Law ... " ofier of a bribe an oti'ence at Common Law " " " as bad as actual payment " " " evidence must be strong " " " made in jest payment of a debt inadequate price paid seat in a Council Indirect bribery .' appeals to interest charitable gifts promise to lay sidewalks coloral)le employment of voters watchers of influence Canvassers and orators, employment of " (Quebec Law) " (Ont. Law) Betting and inducing to bet, etc payment of voters' taxes payment of loss of time employing relation of voter general bribery time wheii committed immaterial I'.VttK. .S60 302 282 !•:{ H4 102 102 27 28 90 240 240 241 241 242 242 242 242 243 243 243 2'13 243 244 244 244 251 245 245 246 25H 256 257 257 257 257 rNDEX. 373 r.voK. 352 PAQB British Coluinhiii, Doniinion Franchise 40, 213, 214 " •' " " »tni Iiitroihir/ion xiv, xv, xxi '• •• Provincial " 213 British suhjcctK, who arc 24 lawH as to 24, 2.1, 26 •• " voters must he 24, Ofl, 172, 187, 104, 20ft, 213, 22(» 241 241 242 242 242 242 243 243 243 2'13 243 244 •244 244 251 245 245 246 256 256 257 257 257 257 It (( ( 'anrlidate, who is a, iiiulcr Ontario .Act 323 " participating in a treat on polling ilay 267 *• guilty "f corrupt i)racticc tliscjualiticd , 238 " hetting or supplying money to bet, uikUt Ontario Act 282 " see D'tKqualiJication o/Coii'/hhifc Canvassers and oiators, 245, cf. neq " " " see AffPHCif Canvassing ; see AtfiHcy Cards and Circulars, intended to deceive ; see Uin/in' Ivflofnci' Caasiar, Revision of N'oters" Lists in 219 Certification of preliminary lists by Revising officer 53 " completed " " " " 59, 65 ' ' Ontario Provincial Lists 133 " Quebec " " 179 " N. Brunswick Prov'l. " 191 " Manitoba " " 204, 207 " li. Columbia " register 221 •' " N. W. Territories lists 231 Certificate : see Aiimtn, Certijiaition, itr (change of toiritory ; see Territory C!haritablc gifts, wlien bribery 243 Charlottctown, P. K. Island, franciiise in 227 Check Clerk, employment of dis(|nalifies 43 Chinese cannot vote ; sees Iiif roil urf ion . . ^ k:<\ " " '* untlei Dominion h'lanchise ] 7 " " " " British Columbia Prov'l. Franchise 22;{ Circulars ; see Umhic Injluenrt' Cities and towns ; see Qud/i/iccifioii of Voters City, definition of (Dominion Franchise) 18 Clergy, undue influence by ; see L'm/ne Infliieiice (/lerk, ad hoc, Quebec Provincial FVanchise 176, 177 " '• Manitoba " " 205 Klection, disqualified ; see Diaqiia'ifiaition of Voters employment of dis(iualifies 43 " " " see Dinqnalification of Voters of Crown in Chancery, Dominion lists to be sent Ui 59, 65 " municipality, duties of under Ontario V'oters" Lists Act 1,16, 130 , , iiiii i 1 \ 1 ■ 1 ■ n. , til i\u r. if -% m. r; 374 INUKX. PAM Clerk of imiiiicipality, inaii,'e VM, 141 " •' " lial)le for losts. vvlieu KW, 141 '■ times appointed for |)erfoi'Miance of duties hy, directory Mnly ; 140 " " " penalty on for neglect 141 '• '• '• wilful act 142 " ■■ " to furnish copies of lists 144 " " payment f<*i' copies 144 " '• " to furnish copies of list to Keturning officer : . . 166 " " * " renumeration of 167 " duties uudi-r Manitoha Act, 203 (V •<('(/ " " • peiuilties on uiuler " " 209 " of the Heace, dis([Ualiticd under Ontaiio Act fiom voting 23, 97 " " ■' •' not «lis(|ualitied under Dominion I'Vanciiise Act 23 " ■' " '■"" to prosecute municipal clerk, when 141 " " '• " furnisli copies of list of voters 144 ' " payment for copies 144 ' to furnish copies of lists to Heturning officer IGO " ■' '■ " dis(jualified fi'om l)eing elected a nieml)er .'iA7 " " Revising olHcer, appointment, residence and duties of 77 Collector, appointment an/ ini)tilM'i-< Controverted Klections Aet, ctmtiimed hy I)ominion KriineliiHe Act 'S (Conveyance of voter, payment for ; see Hlrinif < .„irei/(iiici' Co-owners, etc. ; nea Joiiif oinii'-rn, Joint orri(/>nii/. <)ii/' ro/n's, fir (Jo-partners " •' " •' •' ... ('opies of Dominion iists protMuiiMe at fixed rates 49, .">, (il , titi " " (^iiebee " IH'i •' Br. Colnnibia •_>!(), 221 C'ORKI TT PK.xrTrrK.**, meaning of, un " see Lixt of Voters ; Chrk of Mnnicipolilij ; Assessors Council ; see Municipal Council ; Mayor ami Council Counsel, may appear before Revising officer " see Employment at or hefore Election : Disqua/iticatinn of Voters Comities, qualification of voters in ; see (Qualification of Voters . . County -Attorney, discjualified from voting under Ontario Act 23, 97 " " " " l)eing member of Parliament 3r)7 376 INDEX. ■ I t \l> 1 III !ii PAOR County -Attorney, not tlisqiialified under Dominion Act 23, 97 ( bounty .) iidgos ; sec Judrfs Courts of Revising officers, where and when held 50, iiH, fi4, 71, 88 Court of Kevision, only settles question of value under ()nta-io Act 1 17 " decision of may be reviewed " " " 117 " " " proceedings in case of appeal to " " " ...... 130 of Voters' List, County .7 udge's " " " 124 " '• " " " '• procedure, etc. ; see //?V of l^ofera Onf. Pror'l " " " errors by, municipality to pay costs of 139 Ooss, on l)allot paper, intention of voter to nuike, when shewn 350 Crown debtors, intimidation of ; sec Cinlitf Influfnce , . Crown Laud agents, dis(|iuilified under Ontario and Quebec provincial laws 23, 97, 173 Crown Land agents not dis(iualified under Dominion laws 23, 97 ( 'rown, purcliasera from . 47 Cunudative penalties ; see Penalties Cu.stom, threatened withdrawal of ; see Uniliielnfliieiia Customs rjrfficers, discjualitied under certain provincial Acts 23, 97, 173 '! *' not disoid>lc return 356 Hwelling house, meaning of under Ontario Act 92 '■ " includes pait of house 92 " under Imperial Act of 1878 92 PMdon, N. Brunswick, voters in, where rcgisUued 190 Election Clerks, disqualified from voting. Dominion F'ranchise 42 Ontario " 98 " " refusal to act as ; see Pennltien Election Act, ccmtinued by Dominion Franchise Act 78 Elections, when void at Common Law 339 Electoral District, meaning of, Domniion Eranchise 19 " " subdivision l)y Revising officer 53, ■ 67 " " powers of Returning officers 53 Electoral Franchise Act 3 Emphyteusis, definition of 4 Emphyteutic tenant 4, 5 Employment at or before Election, disqualifies in certain cases 42, 97. 244 Employment colorable ; see Bribery " of non- voters as canvassers and orators 256 " dismissal from ; see Undue influence " of disijualified persons ; sec Penafties Ensigns, flags, etc. ; see Penalties INDKX. 379 l-AOH ()9 . 53 . M 'J sfq. , 'i , 214 i, 314 , 356 92 92 92 190 42 98 78 339 19 67 53 3 4 5 244 255 Enumerators in N. W. Territories, 229 <'./ sei) Equitable owner entitled to vote S, 9, 10, Equitable right, a "lere, no (lualiticatioii . Eviction of tenant ; see limine mfliieiiri' Evidence on revision of voters list "(Dominion Franchise) 52, 57, 58, H4, " " " " see JJ-sf of rofer-t " to be taken anew on appeal, Dominion Kranchise '* see Wifiii'SHeii ami Evidencf Examination of Quebec Provincial voters" lists Excise otticers ; see l)ixqualiJivatio)i of volfT" Exclusive possession by tenant necessary 13, Executive Council, cleik of. lists to be returned to in Manitoba 203, Expenses, what are legitimate ." personal, of candidate 240, payment of otlierwisc than through agent prohibited 319, " " " '* see .''(■im/fifx ** default in delivering .stiitement of ; see P( na/lies Extension of time for re-count till after appeal decided, Donnnion Franchise Act 61, PAOB 228 9 (i9 75 (i (1 123, 133, Faggot voters False certificate by Clerk Farm, deHnition of, (Dominion Franchise) Farmer, " " '• " Farmer's S«m, meaning of ( Dominion Franchise) " " " " (Ontario Provincial Franchise) " " when entitled to vote (Dominion Franchise), 35 n/ ■■}-mx, Misrcllniu'oux Forms, of Voters' Oatlis under Ontario Act, 109 ft xfq Forms, undei' Ontsirio \'oters' Lists Act. 145 " of li.sts 146 " " certiKcate of clerk 147 " " notice of posting 147 ' " complaint , 148 " " " '■ on ground of dis(iualification 148 " " " " " by voter to whom property transferred 148 *' " clerk's report as to appeals, et(! 150 " " " " wlien applying for certificate 153 " " Judge's order appointing Court 150 " " notice and list of complaints to be posted by clerk 151 " " advertisement of Court 151 " " noti(;e to party complaining 152 " " " " " uebec Act " Manitoba Act Hotels, selling and giving li<|nor in, on polling day ; see Treriflnt/ House ; see DirrZ/hifi honcf HorsKiTOMtER, meaning of. (Ontario F'rov. Franchise ". 9,3, " how entered on N'oters' list joint tenant or occupant, not a mere lodger or boarder, not a franchise, Ontario Provincial Franchise mu.st be on assessment roll Hull, nominii)n and Ontario Franchise compared " A Ilritisii subject Act 15, " Advancement Act, 1884 " .Vgri^ement witii to farm land " In Manitoba, iJritish Columbia, Keewatin and N. W. Territories, dis- . ■ i|ualitied 345 21 101 30 .35 40 100 15 104 15 16 16 44 16 16 44 INDEX. .SH.S 279 27fL 280 280 280 280 51 22 171. 202 93 93 102 102 18 I 345 21 101 30 35 +0 100 15 104 15 16 16 44 16 16 44 318, Indian, Elsewhere " See Qiiulijiciition of roUrx : Disqiinlificatioii . Indirect bribery ; see Bribe ri/: Infamous peraons cannot be Members of Parliament Influence, bribei'y of : see /irihcri/ . Initialing ballots Inspection of documents, etc., voter entitled to in Ontario Intent corrupt, when necessary to constitute offence of Treating; see Trent iinj Interpretation clauses Dominion Francliise Act. . Ontario Fnin. and Rep. Act 1885. X'oters' Lists Finality Act Quebec Election Act .Manitoba Leg. Ass. Act British Columbia Act sec Uv hiffwnre. PAoa 44 355 Intimidation Introduction Involuntary and excusable ignorance ; see Ri'lifchm nerfioiix Irregularity, when not to invalidate election ; 341 il -tei/. . . . 344 164 3 80 160 169 201 222 .\iii .loint agency ; see Agfiiri/ : ' ' income ' ' interest , " occupant ; see (^iiaHficatioii of vuttm. . : " " with owner • 14, " " not a liouaeholder (Ont. Pro. Franchise) •' owners ; see Qimlificatioii of roters " Stock Coy's " tenants ( Dominion Franchise) . . .• " " not a householder (Ont. Prov. Franchise) " '• see (Jitalificutloii of rote.rx .1 udges, dis(|Uahfication from voting, 22, 42, 97, 173, 21 1 , ■' power of amendment (Dominion Franchise Act) (Ont. Prov. Franchise) powers of an appeal ( Dominion Franchise) " (Ont. Prov. Franchise,) 1.37 ''' s-'V " no appeal when revising officer is a powei's of (HI a revision of Ontario list, 124, c.t xtq ; 1.36, " Board of (.ounty, may frame rules under Ont. Voters" L. Act " appeal to fiom .ecision of council, imder Quebec Act ' ' powers of under (Quebec Act " where district magistrates to act in place of Appeal to under .Manitoba Act 206, " British Cohunbia Act " when joint decision of Trial .fudges essential ; .see HtUiciiKj Sfctioiii in Ontario Act* 101 39 .39 93 39 30 93 214 68 137 75 137 144 180 181 182 207 218 hi\\} I iiiij ll ! ' •' t'l :.n; 384 INDEX. PAOK iluetice of the Peace for town may administer oath to alien in county 26 Knowledge and consent of candidate necessary to disciualify 291 Kootenay, revision of voters' list in 219 Zi Landholder, who is a, nnder Ontario Franchise Act • . • • 91 Landholders son, '• " " " " 91 " .. t< .. i> (> a ^QQQmiiijiiatioiiof votevK. . . Lease '. 2H Lease emphyteutic 4, 5 Lessee ; see Ttnanf • List or- VoTKRS-Meaning of - Dominion Franchise 19 Dominion -I'rovincial list to he obtained by Revising ftfhcer, 46, 62 " " " ///7'wja^iate of copleticm of lists . 78 ** •• Lists of objections, etc., to be kept. . 77 *' '* See liho Apiii'a/J'rom liti'iriinfj oftio'v. " • " .11 Forms List OF Votkhs —Ontario I'roviiifhd, supplementary, 106-7-8. Duties of Clerk, 116. When to be prepared, 116. Contents of 117. How arrangetl 117. Name of votjcr not entered moie than once, 118. .Separate list for each polling sub-division, 118. Description of property and of voter to be inserted, 120. Omission of description does not destroy right to vote, 110. Property in ditt'erent wards or sub-divisions, 110, 120. Property partly within two sub-divisions, 121. Residence of Income voter to be stated, 121. Post-office addiess of voter, 121. List to be printed, posted up, and trans- mitted to certiiin persons, 122. Xon-transmission within time limited does not authorize extension of time for filing complaint, 122. Clerk s certlHcate, 123. Sherill', Clerk of Peace, Teacher, and Postmaster to post up. 123, Deatli of Clerk, 123. False certificate, 123, 142. Omis.siims to sign li.st, J23. Notice of post - , ing up list, 124. Revision of list, 124. At whose instance, 124. (ilnninds for revision, 124, 12o, 126. On death or loss of (piali - tication of voters new name may be substituted, 126. Judge may re-instate voter for other t|ualiHcation without notice, 127. Per- son coming of age within sixty days may V)e inserted, 128. Right of landholder's sons and wage-earners to have their names in- serted, 128. Time within which notice of complaint to be given, , 129. Notice of holding Court, 131. Subpuna, 131. Service of 132. Certification by Judge where no complaints received, ] 33. After Una] revision, \'M. Court room to be provided by muni- cipality, 13"). Powers of Judge, 136-7. Death or abandonment of appellant, 138. Costs occasioned by errors, etc., by whom to be paid, 139. Judge's order as to^ taxes, 140. Times appointed directory, 140. Neglect of Clerk, penalty, etc., 141. Falsifica- tion by Clerk, 142. Colorable transfers, 142. Penalties how re- covered, 143. Penalties on assessor, 143. OlHcers to furnish copies, PAor. . rt8 1- H8 . H!) y . 69 . 69 . 69 ;o I, 78 . 70 . 78 . 77 IMJKX. 3«7 I AUK List OK X'otkrs Ontiirio I'nuhii'nil. \\A. I'ayinent for, 144. Hoaril of Co. •Iu(lg(!8 may frame riiU'.s, etc., 144. Voters liow to he entered on lists, 14r». Times of commencement of .Amendment Act of, 1885; see Fornix, " Ontario Fiit(^lihi Art. Mil. Interpretation clauses. KiO. Lists to be Hnal and conclnsive as to right to vote, 1(51. Knglish Act compareil, 161. Not conclusive as to jR-rsons guilty of corrupt piactices, 161. \or as to nou-residents, H»"2. Nor discjualitied perstms, 16*2. Within what time list to he finally revised, etc., I6.'{. Farmer's son to he entered on roll and voters list witliout re(|Uest, 16.S. Voter entitled to in9))ect documents, etc.. 164. Opinion of Court of Appeal, iiow ohtained, 164-.'). Retuiiiing otfieer to be furnished with copies of voters list, 166. Returning officer to produce ballots, etc., on a I'ccount, 1()(». Fraudulent insertion or omission in assessment roll, I(i(J. Remuneration of Clerk, 1(57. Duties of Constable, 1(58. How paid, 1(58. See Forum. " (JiieJH'i- J'rorincid/. Who prepares, 174. When to be maile. 174. How under up, 174. Certain names to be omitted, 174. Muni- cipality partly in two el. districts, 17;"). 'Name of elector to be entered once only, l?-"). Certificate of oath of Secy-Treas., 175. Deposit of list. 176. Notice to be published, 17(5. Appointment ()f Clerk, ("/ /loc, I7(i. jCosts of 17(5. Mayor and otticers of Council to deliver valuation roll to clerk, ad hoc. 177. Exami- nation anil correction of list. 177. Public notice of day and hour, 178. Examii'itioii and hearing, 178 Fraudident tninsfers, 178. How correct "is authenticated, 178. Duration of list, 179. In case of appeal, 179. List is conclusive, 179. Certilicate of Secy.-Treas., 179. Where list is to be filed, 179. Non-trans- ndssion does not invalidate, 180. Appeal from decision of council, 180. Time for, 180. .Security for costs, 181. Service of petition in appeal, 181. Powers of Court, 181. Costs, 181. Decision final, 181. Districts where no resident Judge, 182. Falsification, etc. , punishment for, 182-3. Copies of lists to be furnished at fixed rates, 182-3. To Deputy Returning officers, 182. Old lists to remain in force until new lists made, 183. Montreal lists, 184. .See Forms. '* Nf.if Brniixirii-k. Revisors who are, 187. In .St. .John, Frederic- ton, etc., 187. Assessors duties, 188. Revisors to make lists, 188. When to be made, 188. Form of when; 188. Copy to be posted up, 188. Notice of proposed ciianges, 189. Persons objected to to be notified, 189. Correction of lists, 190. Trans- missicm to County >Secy., 190. Case of firms, 190 Neglect of Assessors or Revisors, UK). Eldon, voters in, 190. Sheriff to direct ('oy. Secy, to make copies for pollsng districts, 191. Non- iiiil , I pr HHH INDKX. ■V. I: •ii I ii 1^: Ml ^1 11 Ll>T OK VdTKiis Ntir /iiuiiMKuct;. —reti'uXvint may Holect liis poll, liH. Certiti- catioii of liHtM, nil. Heviaioii of lista for St. John city, lO'i. Witnesses ami evidence, 1}>*2. (^ompeiiHation to otlicerH piepai - in;4 limts, \\)H. Svc Fnniin. •• yarn Srotia. AasessoiH to delivei iuIIh anil liHts to RevisoiM. llMi. lilank forms to hv furniHlied to asHesMors. 197. Voters, how placed on list, 197. I'ropcity partly within two polling distriotn 198. Assessors to make caiefid in<|iiiry, 198. Allowance to assessors. 198. .See /'orwiK. " Maiiilohu. How made np, 203, cf scff. When, 204-r). Municipalit_y partlyMn two electoral divisions, 2()4. ("ertiticate of clerk, 204-7. notice and posting np, '205. Clerk, m/ hoc, 20.'"). N'alnation roll to be delivered to clerk. 20(1. Complaints, 20J5-7. When lists come in force, 207. Transndssion of flnplicate lists to the clerk of tlic K. ('., 207. Non-transnnssion not to invalidate, 207. (^'osts, 208. .Judge's decision iinal, 208. Falsitication of lists, 208. Refusal oi- neglect of clerk, 209. •' y>'. Colitmhtd. How made up, 21"),. 'I'o be posted in collectors ottice, 21;"). After two months names to be entered on Register, 214. Case of objections, 2 Hi. Register to be posted on Court House door, 210. Copy to be tiansniitted to Returning otticer, 21(5. Copies to be supplied to public at Hxed lates, 21 H, 221. Hearing claims and oljections, 210. Collector's Court of Revision, 217. Voters dead oi* nonresident, to be struck off Register, 217 Appeal from decision of collectoi', 218. No person to vote unless • registered, 219. No person to vote whose name i* on two registers, 220. No person to .send in claim whose name is on any register, 220. How name may be removed, 220. " X. W. Terriforiex. How compiled, 2;iO. Completion and posting up, 2;i0. Additions and alterations, 2M0. Knumerators' certi- ficate, '2'M. Delivery to Deputy Returning officer, 2;^1. Addi- tions by Deputy- Returning Officer^ 2IW. Swearing voters, 2M3. Voters on list entitled to vote, 'I'^'A. Lui-hI (le.signation, to l)e attached to No. of Polling subdivision, Dom. Franchise Lodger Franchise . . " not a '• householder"' under Ontario Act " tenant xvi, 93, 94, ' ' English decisions as to Lunatics and idiots, incurable, may not be members of Parliament Magistrate, District, when to hear appeals as to Quebec Prov. voters' lists ' ' see Dinqualijication of votem ... Malfeasance under Dominion Fran. Act Mandamus to compel revision 54 xvi 93 95 93 354 182 79 57 ■ III I'MIK 9;^ 95 93 . 364 1S2 INDKX. I'AUK 'JO I K) (i « 9 9 . 350 . 3.VJ 179 180 l«4 192 79 57 Maiiitolia l'i<>vim'iaLl''ninchi8e. ... Mariiif FH, hous of. . . , Maritiil riglits in (^uelieu '• Oiitiuio : '* '• " New UniiiHwick ^ " " " Nova Scotia Marks on ItullotH, wliat aiv sntti;:iont " iiisulli-ient Mayor and (nuMcil. (luticH oLrcHpeoting (^)iieliec Voters' Usts. .,17(5, 177, 178. " " '• iippoal from. " " " .siiltdivi.sion of municipality l)y 183, " of St. Jolui City to Hij,'n Voters' Lists Meetinj^rt, treating under Ontario F'lection Aot ; see Treat hiy Mk.mbkus oi' I'akmamknt, who may not he ',\'A '• " " " aeo DixiniiilUii'diioh of nieiiihti'M. . . . ' accepting contract witii (iovernnient vacates seat. . . 3.')8 " •♦ ♦• penalty 358 ' •' " " " exceptions .... 359 Messenger, when discpialilied to vote 43 .Militia ofticers and men. may he Memhers of Parliament 359 Ministt^rs of Religion dis(|ualitied from election to Uritish Columhia Legislative A.ssenddy '214 M inisters of lleligion in Canatla 355 " " " see (Jniliie influence Minors, cannot vote ; .see (Jiirt/i/irntioii nj' rohr": A;/'' nf .'/ i/etu:t " " he nieud)cr.s oi Parliament ,'{54 Mistake, when not to invalidate election ,'{41 " in marking hallotn 349 Mongols, who are 17 '• excluded from voting ; iJoni. Fran 17 Montreal, Provincial voters' lists 184 Mortgagee, when he cannot vote 8 " under Ont. Ant. . , 90 Municipal Council, to suhdiviAUK 77 142 14 145 170 202 242 13 79 xviii 89 116 159 245 24() 255 69 .{54 3 7 .") 170 145 202 Parish, meaning of- Dominion F'ranchi.se Act ,. . . . Parliament ; see Power of Dominion PnrHami-nt, tic Parry (Sound, voters in, Ontario Provincial Franchise 105, Payment of debt to voter, when bribery *' " expenses of voter ; see Hiring ConreyanccM, etc " " " " canvassers and orators ; see Bribery Passes, railway, etc. ; see Hiring conreyancet Peace, disturbing tlie ; see Pennltien Peace, clerk of the ; see ClerU- of the Peace Penalties -C^jw/e/' Dominion Franchise Act. Malfeasance of officers 18 106 242 w 302 INDKX. 11 t; 5 I ft I I, I'AUK Fknaltiks— f/z'/f/' Dominion FroiichisK Aia Act, 220. " On ()crs()n voting whose name is on two registers, 220. On col- lector for breach of duty, etc., 221, 222. On collector for insert- ing name of a Chinaman or Indian, 223. On hilse swearing, P. K. Island Provincial Fran. 228. " Uiiifer Dominion fjon-s ^',]{)~ . On candidate for corrupt practices, .307. Personation, etc., 308. Kmployment of disqualified per- " son by, 308. X'otes to be stmck off', 309. Candidate treating, 310. On persons otlier than candi late, 310. For corrupt prac- tices, 310, 313. Personation, etc., 311. Bribery and undue inHueuce. 311. Procedure, 310, 311. 313, 320, 321.' (iiving refreshments on nomination (jr polling day, 3P2. Hiring convey- ances, etc., 312. Selling or giving licpiors in taverns, etc., on polling day, 313, Furnishing entertainment to electors, 313. Strangers and others bearing arms, 314. Furnishing or carrying party colors, ensigns or favors, 314. Battery, 314. Offences as to ballot papers and ballot boxes, 315. Neglect or refusal to furnish lists to Revising officer, 315. Comnnmieating informa- tion, 310. Interfering with voter, 31(5. Inducing voter to die play ballot. 310. Stealing or tampering with books, returns, etc., 317. Misfeasance or omission by officers, 317, 318, 319. As to marking and numbering ballot papers, 318. Payment of electi(m expenses otherwise than through agent, 319. Default • in delivering statements of expenses, .320. Power of Court or 1l i INDBX. 393 79 80 79 79 (»8 80 KiH Penalties — Under Dominiov Lmm—AwAge trying election petition as to, 321. Double prosecutions, .S22. I'erjuiy, 322. Removal of disquali- tication procured by perjury, 322. . '• Under Ontario //aws— 323. On candidate for corrupt practices, 324, 325. Employment of disciualilieil person by, 324. Notes to be struck off, 325. ()\\ persona other tlian candidate, 325. On persons bribed, 32(5. Peisons guilty of corrupt practices, 326 Bribery, 32G. Treating, 326. Giving meat, drink, etc., 327. Hiring conveyances, etc. , 327. Cumulative penalties, 326. Un- due influence, 328. Personation, 328. Inducing prohibited persons to vote, 328. Selling liquor on polling day, 329. Voting witiiout (qualification, 328. Voting more than once, 329. Removal of disqualification on pioof of perjury, 329. None where party prosecutes accomplice, 330. Disturbing the peace, 330. Refusal to deliver up weapons, 330 Battery, 330. Bearing arms, 331. Party ensigns or colors. 331. Tam- pering with ballot papers or boxes, 'Xi\. Destroying documents, 332. Violating secrecy of proceedings, 332. ()on)municating information, 332. Interfering with voter, 332. Inducing voter to display ballot, 332. Voter carrying away ballot paper, 333. Disqualified person voting, 333. Unqualified Returning officer acting, 333, 334. Refusal to act as Returning officer, 335. Re- fusal or neglect to post up proclamation, 334. Failure to furnish ballot )>oxe8, 334. Failure of Returning officer to take oath, • etc., 3.'it. Refusal to act as election clerk. 335. Refusal to grant poll, 335. Refusal to act as Deputy Returning officer, 334, Re- fusal to act as Poll clerk, 335. Refusal to take oath, .335. Refusal of D. R. O. tf) swear voters, 335. Lost voteis' lists, 336. Neglect of Returning officer to return candidate elected, 336. Falsifying list, etc., 336. Neglect of D. R. O. or Poll clerk, 337. ■ Misfeasance of officers, 337. D. R. O. rejecting vote in g()od faith where there is no voters" list. 337. Dis(|ualitied per.son acting as agent, 337. Agent voting on certificate without having taken oath, 337. Returning officer giving certificates to more . than two agents, ;i38. Proceilui'e, 338. Payment of election expenses, etc., 3.'J8. Perjury, inider Dominion Franchise Act 7J) " Perscm,' meaning of. Dominion Fran. Act 15 Personal expenses of candidate, what term includes under Quebec; El. Act 171 " " " " " " " Manitoba Act 202 " " " " " " " " Dominion El. Act 240, 247 " " " " " '* " " Ontario Act 247 See ExpcimtH, PeHaltip^<, etc. l*KR.H()NAi'loN, clause of Election Act not repealed by Dominion Franchise Act. . 79 offence of defined , . 277, 278 ^(lE 3iJ4. INDKX. ' U m w I'krsonation — compelling or inducing '277, avoids Election at common law misnomer I'eterboro", voters in, Ontario Provincial Franchise 105, Place where revision held, Dominion Franchise oO, 71 , " " " see Lixt of i-otiTft " of registration ; see Ke(iintra(ioii Police ; see Dixqiuilificatioii of Voters : Poll, refusal to grant ; see PttuiltieH " failure to hold, effect pf, .S40 e.t '/ fAGK 7, 278 . 278 . 279 5, 106 I, 88 47 .■)8 70 67 21 o 70 214 84.S 84;; 21 121 79 7."> 136 68 61 226 226 54 43 339 12 68 166 fMtK I'roperty exteiuUiig into more than one polling district 4U Proprietor in Quebec, Dominion Kranchisc .'{ " " in right of wife 6 " " other I'rovinces 7, >> ' ' under Ontjirio Provincial Act tK) Prosecutions ; see /'cnaffie.s Provincial Franchise laws. . 89, 169, 1«7, 194, 201. '2\li, -J^M Publication of preliminary list, iJoni. Fran 4s " " notices of revision 50, 5(; " " where no newspaper ,'>U " " separate lists 55 " " Notice in (Joze/fe 59, 65 " Ont. Voters' Lists 122 " ". '• '• posting up of 122, 121 " " " notice of Court of Revision .... l'A{) " " " " " Court for iiearing complaints l.'il " " Notices, other ; see Xotice Purchaser, in possession, lias vote 10 " . entitled to specific performance \(t ' ' from Crown 47 (Qualification of members, none required in Out., 97. Brit. Columbia 214 '^)ualitication of Voters, Dom. Fran. Act. How set fortli in lists 47. 6:i " " " Jii cit'u'j^ (uid toirit.-<, 22 As owners, 26. Joint, 39. Tenants, 26. Joint. 39. Occupants, 28. Joint, 39. Income, 29, 30. Son of an owner, 30, 31 , 32. Cities and towns attac^hed to counties ."OS " " " Jn coHiitits, 32 Owners, 32. Joint, 39. Tenants. 32. Joint, 39. Occupants, 34. Joint, 39. Income, 34. Farmer's son, or son of an owner, 35-6-7-8. Fisher- man, 38. Counties attached to city, etc 39 Partners, 39. Indians, Dom, Fran., 15, 44. Incon- sistent Acts repealed, 78. Voters must be on list, 66. " (hitario Provincial }»9 " " '• '• " Voter must bo on list 99. 107 " •' " " " " (m real property, 99. Value re- quired 1(K) '« " " " ■ " " must be a re.sident of Kl. Dis- I trict 99. 100, 10 1 " " " " Owner, tenant or occupant 99 " •' " *' Joint owners and occupants. 100. Compared withothei' Prov. Fran. Acts UK) " *' ■' " Income, 100. Voter on, must be as- sessed, 101. Residence required 100 (t < Hi Si if! I ■ ['■ i i' ■ It 39« INDKX. Qualification of Voters, Ontario Provincial, Wage-earner, 101. Must be on as- sessment roll, 101. Residence required of 101 " " " " " Householder, 102. Must be on iis- sessnient, loU, 102. Residence required of iOH " '* " " " Householder, value of property not to be considered 102 " " " " " Landiiohler's son. J03. Residence required, \()H. Must be on roll 103 '• <' " " " Indian 103-4-.') •• <' '. " " Unorganized districts 104-5-0 " " " " " Value of property only question settled l>y Court of Revision . 117 " " " " " N'alue of property, their decision may be reviewed 117 " '• " " " On death of voter, or his parting with property and ceasing to be II resident, alteration of list. . . . 12(i " " " " " How iiualification stated in list ; see Lix> of' rnfi'fs " " " Quel>eu " Voter must be on list, 172. Must he a niale, of age, and a British subject, 172. Owners, occupants and tenants. 172. N'alue of pi-o- — ■ peity or rental re(iuiied, 172. Valuation roll governs, l72-.'{. - Co-owners, co-partners, etc. 173. Member of a coi'poration own- ing real estfite not (lualitied thereby, 173. See Lixf of rofirs. «* ♦» " N.Brunswick" Must be a male, of age, and a Brit- ish subject, 1S7. QHaliticiation in 1 eal ai\d j)eisonal estate or in- come. 187. Sec i'/n/ of rntcfx. Case of tirm assessed 190 «« " " Nova Scotia " Must l>e males, of age, and British subjects, 1!>4. Persons assessed for real or personal property. 194. Persons exempted from taxation, VMS. Tenants. 195. Sons of qualified owners or ■ , • tenants. 195. Widows' srms, 195. . . Persons omitted from assessor's leturns, 195. Occasional or tern- ' INDEX. 397 190 I'AUB Qiiivlificiitiuii of Vdteis. Nuvii Scotia Provincial, porary absence dues not iUb- ((ualify sons, 19(). Mariners, fishermen and students, 196. See lAnt of Votcr.-i, business part- ners, joint tenants, etc., 197. (JiualiHcations until completion of lists under new act. ........ 199 " " " .Manitoba " V^jter must be on list, 209. Must be a male, of age and a British subject, "209. Residence, 209, 210. Owners and tenants. 210 Co-owners and co-tenants, 210. Members of Corporations ... 210 " " " B.Columbia " Males, of age, not disqualified and Hritisli subjects, 21 h. Must be residents of Province for 12 months and of electoral district for 2 months, 21. ■{. Must l)e re- gistered, 214. No person con- victed of treason, felony, etc., t(j be registered 214 " '• "P. K. Island " .Males, of age, and British subjects and not disqualified, 220. Do- minion Franchise, 226. For town and Royalty, 220. For an elec- toral district, 227. Either town or electoral district, 227. City of Charlottetown and common and town of Summerside, 227. Case ofjointtenauts, etc., 227. Where no Provincial poll tax, 228. Mortgagor, and cenliil qin' truxt. 22S " N. W. Territories -Who may vote, 229. Voters on list ■ * entitled to vote 23S " ' " " Mendiers. No real estate (jualifications reijuired for House of Commons, 360. Out. Leg. Assembly ... 363 Quebec Provincial Franchise . . xix. 169 " Election Act 169 Quebec Revising Officers' Resolutions 368 Railway train, see Hiring Coiimynncts pass, " " " " Real property,'" meaning of, Dom. Franchise 21 " " qualification ; see Qualification Recount, extension of time for 61 . 66 Register of Voters ; see Lixt of Vottm .SOS INDKX. !i ID il(«^! II I'l xkj " " of an income voter " " " a voter under Out. Prov. Franchise. 99 et seq . " "' of " " British Columbia Act " " " " " " •' change of Resident, who is a ♦f income votei' must be, Dominion Francliise i( ii I'AOK 45 41 «5 6(> 101 41 368 40 215 170 179 182 182 183 283 283 284 284 285 285 287 288 288 287 291 291 291 10(> 3.3 (K) 13 12 78 79 107 31 2t> 214 22;^ 29 29 INDKX. :VM rAQR . 45 . 41 ), 05 !, 6(5 e 161 . 41 8 :i68 I, 40 . 215 170 179 182 182 18;^ 288 28;{ 284 284 285 285 287 288 288 287 291 291 291 10(i XI (Ml i:t 12 78 7!> 107 :n 29 Resident, income voter niUHt he, Unt. Fninchiae 100 Resignation of a member, how made •'150, M'A Resolutions of Ontario Revising olficens 88 " Quebec " " ! .S08 Result not atfected ; see lidiering Si'rtlnns, etc «' '* " by non-compliance with rules as to election, .'{40, .'<41, 342, 845, ',W> Return, neglect of Returning otticer to make : see I'PMalfii'M RtTURNiNfi Okfii'KK, disqualified to vote, Dominifm Franchise 42 " " " " '• Ontario " 98 " «' " " " British Cohunbia Franchise 214 " " casting vote, Dondnion P^ranchise 48 " " to be furnished with copies of list H2, (i7. 70, IHO, 210 " "to Hx polling stations 70 " " " p»'oduce ballots etc., on recount MiO " " neglect and nusfeasance by : see I'i'milth's " ' ' refusal to act as ; see Pena/fii'--^ " " both a ministerial and judicial officer . , Ml " " cannot be electerl mend)er 855 Revising Offickk, meaning of term 22 " " disqualified to vote 42, 97 " " " " be a candidate 44 '* "■ appointment, duties, etc .. 45 ' • " oath of , 45 " " death of, resignation, etc 45 ♦' " who may be 45 " in Kngland 45 •' " in Quebec 4(i • " " liritish Columbia +(> " " may be for more than one district 40 " " powers of 58. 04 " " to keep lists of objectiou.s, etc • 77 " " to c(miplete lists by 1st August 78 " " clerk of, see C/prh _ " " bailiff' fir constable ; trne ('nii-i/nlid. " " See h'f.iohifioH'i. Revision, Court of ; see Courf of Jie.vin'ioii " of lists ; see /y/'s/ of rotf.rs Revisors in New lirunswick, who are ... "■. 187 " " " " duties of, 188, cf ■■^^i/ •' " " '• powers of 192 " " Nova Scotia to be furnished with rolls, lists, etc., by assessors 190 Ribbons ; see Penalties Right of wife, in Quebec 6, 170 " " . " other provinces 8, 90 Rules, may be framed by Board of Co. Judges under Ont. N'oters L. Act 144 " non-compliance with not to invalidate election 840 l! m I Pi i +00 INDKX. S(!rutiMy Doiiiiiiiou ' ' ( )ritaii(> Prov'l , Secrecy of prooeefliuga, violating " " " see I'eiia/fieii Stioretary-TreaHuier, in Quebec *' duties of, 1 74, I'f netj '• liability of for costs 176. •• penalties on 1 79, Separate lists ; see Lixt of rotem " occupation of house, etc 21, 93, 94, Servants in occupation of master's premises Service of Subpci-na ; see Summons to WitiieuM Shareliolder in comi)any ; see /JisijiutliJicaHon of memhern Sheritt'b, discjualiticatiou from voting 23, 97, 173, 21 1, " ' •' none under Uom. Fran. Act 23, " " from being elected members " duties under N. Brunswick Franchise law Sidewalks, promise to lay "■. Sitting for preliminary Revision ; see L'lul of roteri* " Hnal " " " " Solicitor, wiien disqualitied to vote " may appear before Revising officer Son, farmer's ; see Farnifr's sou " in-law, is a " son," Dominion FVanchise " " '• " Ont. Provincial Francliise " of an owner of real property, meaning of, Dom. Fran. 18, 30, 31, " "a landholder ; see Lam I holder's son Speakers ; see Orators Spiritual intimidation ; see Undue injlufnrt . . Squatter, may vote 14, Statement, unsigned, by Deputy Returning officer Stepfather, is a " father," Dom. Fran Stepmother, is a " mother," Stepson, is a " son," Dom. Fran "" " Ont. -Prov'l. Fran St, Hyacinthe, not a city under Dom. Fran. Act Stipendiavy Magistrate ; see DisquaHjication of voters. . St. John oity, Revisors 187, Structural severance 13, Student's absence of, Dom. Fran " " " Nova Scotia Sub-agents ; see Afftncy ; Agents Sub-division of Dominion Electoral district by Revising ofMcer " " " " " powers of Returning officer as to. 63, " " Ont. Prov'l " " 41 160 344 169 183 183 »5 13 214 97 357 191 244 43 69 18 91 32 47 348 18 18 18 91 18 192 21 40 196 53 68 96 INDKX. 401 PAUK Sub-cli vision of inunioipality or ward, Ont. Prov'l., 1 18, I'l -iff/ " voting, meaning of nnder Quebec El. Act.. 170 •• " how made " ' 18;^ •« of voters' lists " " " " 175,183, 184 •' " " " " N. Brunswick Act 1»1 Subject ; see Britixh mihject ; Alien ; Nntnralhtd svhjccfx Subpwna ; see Siiintnons to witness Sub-tenant, right to vote 14 Successive occupation, Dominion Franchise 27 Sufferance, tenant at ; see Tenant Summerside, P. K. Island Franchise 22" Summons to witness, Dom. Franchise Act (18 " *' " Ontario Prov'l Plan. Act VM " " '' " " " " service of 132 Sundays ; see Holidays Superiicies, right of "> Supplementary voters' lists, Ont. Prov'l. Franchise lOfi, 107, 108 T Taxes, landholder's son not liable for, Ont. Ptov'I. Fran 140 ' ' Judge's order as to 1 40 ' ' payment of voters, bribery 2r»H " see also Wage-earner Tenant, definition of, Dominion Franchise 12 " " " Ontario I'rovincial 90, 145 " «' "Manitoba " .........' 202 " in cities and towns. Dominion Fran •. 2(i "counties " " 32 Ontario Provincial Fran 99. 117, 118 " How entered on Ontario Voters' list I4.'» Quebec " " 170, 172 " and lodger, difference between !(3 " at sufferance 12 '• " " in Quebec 12 '■ on siiaies • 12 " in common .... 39 ' ' - emphyteutic . 4, ."> Tenancy, change of, Dom. Fran , 27 Territory, change of, under Ont. Act 108 Threats ; see Undve influence Tickets, railway, steamboat, etc., given to voter ; see Hiring C07ireyance Time, computation of, Doni. Fran 22, 51, 56, 72 " Ontario Voters' List Act 129 J for preliminary revision, Dom. Franchise 51 "final •♦ 56, 64 402 INDKX. •ii ij IMi v Ii. i|!!' In '■ ■' .ill' ii'' Sfll 1.-' 122, 17JN Ti.MK, for coiiiph^tioii of listH '■ imhlii-ation of sopanite listH, lloni. l-'iaii . . " preparing Out. N'otors" lists " posting up " " " " giving notice of complaint against \ oteis' Hats apnointed directory only, as to clerk under Ont. \'. L. Act oi nnnenccnieiit of, "Ont. Voters" Lists A>n. Act. 1885 " for [neparation of (^neheo Voters' lists. ... " examination and correction, (^neliec iista when list comes into force •' " duration of (,>ueiiec " " ..." transmission of, (.^uebeo '• " for appeal against (^uehec Voters' list. '• delivoy of assessmont list in N. Brunswick " meeting of revisors ■ ' " " " n»)tices to he given 188, ' ' revision " .Slierirt' to order copies in N. lirunswiok " list to lie deposited. ". " delivery of rolls, etc.. to revisors in X. Scbtia " preparation of Manitoba Provincial list '■ posting up " '■ " " " appeal as to " " " » " coming into f 140 ... 145 174 ... . 177 179 . .17JN 18a 179 180 188 .... 188 ..188, 189 189 . ... 191 191 .... VM 204 20.". 20»i 207 21(i 2I() 21H . .. . 210 217 221 257 352 18 354 ...... 258 ..258, 259 < . . . . 259 259 268 259 ,..«... 260 260 2S0 FAUK TKKATl.Nti, hiil)it of i)tMM(iii tiviiting ooiisidcieil 261 giving iiieiil« on jJoUing day 202 not conlineil to elcotors 261^ geiiuial treating 26.S meetings un " " •' •• '• •' oH'ence defined 266 • < ti •' " " " " " confined to hott'ls, etc. . . 267 • < •> •' '• " " " applies only to liotel-keepery, etc 267 • " •' " " " '• " candidate participating . 267 'I n '• '• " " " immaterial whetlier perwm treat- ed is a voter 268 advice to agents as to 26y see Fcnalt'iis :....- Trilling acts ; see Helitrhuj nn'fiuns in Oiilarlo Arf'< Trustee, a bare has no vote ■ • ^ " II n I' " Qnt. Frovl. Franchise JK) U.VDl'E Inkl,ukn<'k ■-^'•* A corrupt practice • ■ • -ij-^ Proper definition • • -70 Withdrawal of custom ■ 270 Kvicticm of tenant _' • "i' Spiritual intimidation 271, 272 Tiireats by fiUow workmen 27;-! Dismissal from employment 27;i Abduction or fraud on voter 273 liy cards or ciiculai's 274 Inciting mob '^^i'* Hired intimidators 27o ' ' defensi\'e force 275 ( ieneral intimidation of Crown debtors 275 " spiritual intimidation _• 276 By priests, ministers, etc 27 1 , 272, 276 U'ioting y 276 See PeiiuUics. /^ Uniformity of Dominion Franchise xiv Unorganized districts, Ontario Provincial Frauchise 105, 106 Usager • •• "' Use and liabitation ^ Usufruct, definiticm of "^ ' ' how ends "* Uusufructuary, Dominion Franchise 3. ■* '• an c wner. Dominion Franchise •* •• when not an owner, Dominion Franchise 4 ' A 2() • ,^.,^ai ;i n 'ji" 401- • INDKX. Vacancy in olHce of Municipal clf-rk ; .sue Clerh <\l' Miniiriixi/iti/, Valnation roll, basis of (Juehec lists 174 •• " " Manitoba" 204 " " if defective not to invaliilatc voters" list 183 " Value," " actual value," " market value," Dominion Franchise 19 . . ' ' under Ontario Assessment Act 19 ■ " F. E. Island Franchise. 228 " not to affect iiouseholdfir'.s right to vote under Ont. I'rov. Franchise.. 10*2 " may affect " son's riglit '• •' " .103 " see Actual Vdbic ; (^im/ijicnfioii of Vnfpr-<, , 1()(» Village, incorporated, meaning of, Dominion Franchise 18 VoTKR, " in right of his wife," in Qnehec (i " " " elsewhere 8 " may select oatli, Outaiio Provincial Franchise 107 must he on list. . 23. 99, 172, 192, 194, 209, 214 oatiis of X. VV. Territories, ". 232 " " " elsewhere ; see Forms, (hiths. etc " (jualtication of ; see (^miHticntinn of Vohrx. Voters' lists, falsifying ; see Pciialfhs. " lost " " ell'ect of usiiig wrong list 34.'>, 34(» \N'age-earncr, meaning of term. Ont. Provincial l-'ranrlnsc 91, 92, lOl " see (jnaliJirdl'iDii of Voters. " not to 1)0 taxed 101, 102, 140 " may have name entered by .ludge on Revision 12(5 " 'Vatchers " '. . . . 244 Weapons, penalty for carrying on election day ; see PciHi/tiis. Wife's property in (Quebec, Dominion B^'anchise (i " " " Provincial " 170 '• i • " in Ontario, Dominion " S •• " " Provincial " 90 Witnesses ami evidence, before Revising oHicer, Dominion Franchise .. 12, 57. 59. (i4 ■ • '• " under Onfcirio Voters" Lists Act 131 , <-/ "f.q. " '• " N. Brunswick Act 192 " " before Jutlge on appeal, Dom. Fran 7") " ■ fees ^ " " 08 •• " under Ontario Voters' Lists Act 131 " N. iirunswick .Act ' 192 Women may not vote, Dominion Franchise lo " " " '• Ontario Provincial Franchise 98 " " vote at Muuicip.al Elections in Ontario 98 " " not be memlHjrs of Parliament 354 . ■ . » *. ■ VMiK 174 204 18.S H» 19 228 [•iinoliiae. . 102 , 103 10, 11 10, 11 105, 10() 18 () 8 107 , UI4, 209, 214 . . " 232 SUPPLEMENT TO ERMATINGER'S 84.3, 34(f . . 91, 92, 101 .101, 102, 140 12(J '. . . . 244 170 S 90 ")2, 57, -lO. 04 ...131, f Sections tlirce and four of the said Act are hereby repealed, and the follow- ing substituted therefor : [See 2>p. ~~ to US.) 3. E\ery person shall ba entitled to be registered in any year upon the list of voters for the pro[)L'r polling district of any electoral district or portion ' law of the Dominion of Canada dis^juali'Mcd or [irevented from voting ; and " {2.) Is a I'ritish subject by birth or naturalization : and — •' (i).) Is the owner of real property within any city or part of a city in the electoral district, of the actual value of at least three hundred dollars, or within any town or part of a town in the electoral district, of the actual value of at least t'"o hundred dollars, or in any place in the electoral district, other than a city (jr town, of the actual \cilue of at least one hundred and fifty dollars ; or " (t.) Is the tenant of any real i)ropertv within tiie electoral district, undt i- a lease, at a monthly rental of at least two dollars, or at a quarterly rental of at least six dollars, or at a half-yearly rental of at least twelve dollars, or at an annual rental of at least twenty dollars, and has been in jiossession thereof as such tenant for at Kiast one year before his being piaceil upon the list of voters, or the date of the application for the placing of his name on the list of voters, and has really and boiiil jide paid one year's rent for such real property, at not less than the rate afore- said ; exce[)t when the rental is an annual one and for a larger sum than twenty dollars, in which case it shall be sufficient that at least twenty dollars of the last year's rent which ai'crucd next befm-e the time aforesaid shall have been })aid : Provided always, that a change or changes of tenancy during the year shall not de[)rive such tenant of the right to be registered on a list of voters if such change » or changes ha\e been without any intermission" of time between the tenancies, I DOMINION FRANCHISK. 409 ( S&e and if tlio soveral tenancies are such as would entitle the tenant to be regis- tei'ed on a list of voters had such tenant been in possession under any one of them as such tenant, for the year next before the time aforesaid : Provided also, that in any place except a city, town or incorporated villaj^e, the rental hereinbefore men- tioned may be payable in money, in kind, or in money's worth of like value ; and provided further, that if on any revised or final assessment roll the amount of the tenant's rent is not stated, the fact that the real property in respect of which his name is cntei'ed on such roll as the tenant thereof is assessed on such roll in cities at three hundred dollars or more, or in towns at two hundred dollars or more, or in any pbico other than a city or town at one hundred and fifty dollars or more, shall be prima fnrie evidence of his rij^ht to be registered on the list of voters, so far as such right depends on the amount of rental ; or — " (.").) Is the bond Mc occupant of real jjroperty within any city or part of a city in the electoral district, of the actual value of at least three hundred dollars, or within any town or part of a town in the electoral district, of the actual value of at least two hundred dollars, or in any place in the electoral district . er than a city or town, of the actual value of at least one hundred and fifty dollars : Pro- vided in every such case, that such person has been in posM. sion of such real pro- perty as such occupant for one year next before his being placed ipon the list of voters, or the date of the application for the placing of his name on the list of voters, and is, and has been for such time, in the enjoyment of the revenues and profits thereof ; or — " ((■).) Is a resident within the electoral district, and derives an income of at least three^iundred dollars annually from his earning.? in money or money's worth, or partly in money and partly in money's worth, or from some profession, calling, office or trade, or from some investment in Canada, and has so denved such in- come and has been a resident of Canada for one year next before his being placed upon the list of voters, or the date of the application for the placing of his name on the list of voters ; or — " (7.) Is a farmer's son not otherwise (pialified to vote in the electoral district in which his father's farm is situated ; and — " [ii] If his father is living, is and has been I'esident within the electoral dis- trict continuously, except as hereinafter provided, with his father for one year next before his being })laced upon the list of voters, or the date of the application for the placing of his name on the list of voters, if the value of such farm is sufficient, if ecjually divided among the father and one or more sons as co-owners, to qualify them to be registered as voters, in which case the father and such one or more sons as so desire may be so registered as voters ; and if there are more such sons than one resident as aforesaid, and claiming to be registered as voters in respect thereof, and if the value of the farm of the father is not sufficient to give the father and each of such sons the right to vote in respect of such value, if ecpially divided among them, then the right to be registered as a voter and to vote in respect of such farm, shall belong (ndy to the father and the eldest or so nniny of the eld ■ of such sons, being so resident as aforesaid, as the value of such farm, if e: . 1 I., 6 i^ ■ P 1 .... t S 1 ii I or [leriocls not exceediuf^ in all s^ix months subsequent to the then last revision of such list, shall not cliaciualify such son from being placed on the list of voters or from voting — " (h) Anil the time sj)cnt by such son as a mariner or as a fisherman, in the pur- suit of either of the said occupations, or as a student at any institution of learning in Canada, shall be considered, for the purposes of this Act, as having been spent at the residence of his father, or of his mother, as the case may be."' (.SVc p. 40.) 6> The time to be fixed for the final revision of lists of voters under the said Act, shall be not less than five weeks after the publication by posting up of the lists, and each sitting for such final re\isii)n shall include wlien practicable at least three and (except in cities and towns) not more than five polling districts; the place for the holding of the final revision shall be in one of. the polling districts the lists for which are to be so finally revised ; and there "shall be a sitting for such final revision in each city, town, townshi)), parish, incorporated village and other known territorial division, and in the province of Prince Edward Island at least two sittings in each existing provincial electoral district except Charlottetown and Royalty and Georgetown and Royalty. (See p. 50.) 7. The revising officer shall exhibit to any person reijuiring to examine the same all notices of additions or objections or declarations in supi)ort thereof, deposited with or mailed to him under sections nineteen and twenty-six of the said Act, and shall permit copies thereof to be taken. 8> If at the time of the final revision the person by whom any application to add to, amend or correct the list was made or notice of any objection or comi)laint was given, does not appear in support of the application, objection or complaint, or is desirous of withdrawing the same, the revising otilicer shall allow any other elector, who is desirous of so doing, to appear in support of such application, objection or complaint, or he may, without such substitution, hear any evidence tliat IS available in su])port thereof and dispose of the matter Mccordingly. 9. The revising officer shall not remove the name of any person entered on the list of voters from such list on'the ground that the cjualitication of such person is incorrectly entered thereon, if it appears that such persmi is entitled to be registered on the list of voters as possessed of any of the (jualifications set forth in the said Act, but the revising ofiicer shall retain the name of such person on the list and correct the same accordingly. iO. Section thirty-three of the said Act is hereby repealed and the following substituted therefor : " 33> On or as soon as possible after the first day of .Tune in each year after the year of Our Lord one thousand eight hundred and eighty-six, the revising otHcer, being duly sworn as hereinbefore provided, shall cause the list of voters of the preceding year to be compared with the last assessment rolls and shall, with all the information that he can obtain from that or any other source, proceed to revise the lists of voters then in force under this Act for the electoral district or portion of an electoral district for which he is appointed, entering thereu])on the names of all persons not already on such lists, and who, according to the provisions \- DOMINION FRANCHISE. 413 l\ of tills Act, are entitled to have their names so entered, indicatinj^ in the i)roper column thereof whether they are (jualilied in respect of real property, iis owners, tenants, occupants, or otherwise, and stating,' the numbers of the lots, portions of lots and concessions, streets, or other available description of real property in respect of which they are qualified, and their post office addresses as neai'ly as can be ascertained by the said officer, or whether they are qualilied in respect of income ; and as to the sons of farmers, (u- other owners' sons as aforesaid, and voters on income, statiuf,' also in such lists in the proper column thereof the residence and post olhce addresses of such persons as nearly as can be asceilained by him, and notinj^ on the said lists the names of any persons who are de>tu or who ai'e not, ace n-dinj^ to the provisions of this Act, entitled to be rej^istered as voters, statinj^ the reason of such note, and making any other verbal or clerical corrections which seem necessary ; and he shall attest all such additions, ei'asures or corrections, with his initials, and sign such lists as such revising officer ; and such assessment rolls as aforesaid shall be primn facie evidence of value." {See p. 63.) II. Section forty-one of the said Act is hereby amended by striking out the words "two luuKfred" in the third line tiiereof and inserting the words "three hundred" in lieu thereof. [See p. 67.) I2> The following are hereby added to section forty-two of tlie said Act, as sub-sections two and thi'ce thei'eof : — " 2. Every person, in respect of the placing of whose name on the list of voters an ai)plication has; boen made, or notice of an objection or complaint has been given, and every person who gives notice of any such objection or complaint, shall, if he is resident within the pollmg district, the list for which is sought to be amended, or within ten miles thereof, and is not absent from such limits, upon being served with a summons in tlu said form J, obey the same without being tendered or paid any allowance for his e.\.penses : " 'd. If any person summoned as in tl'.e next preceding sub-section provided, does not so attend in obedience to such summons, the revising officer may, in the absence of satisfactory evidence as to the reason of such non-attendance, or, if such person is an applicant to be placed on the list of voters, as to his right to be placed on such list, dismiss the objection or complaint, or strike the name of such person olT the list of voters, or refuse to place his name thereon, as the case requires, or the revising officer may impose a tine not exceeding live dollars on such person, or he may do both." (.SW' p. 68.) I3i Section forty-eight of the said Act is hereby repealed. {See p. 71.) iA' The form B in the Schedule to the said Act is hereby repealed and the form A in the schedule hereto substituted in lieu thereof. (See p. b2.) 16. As respects lists of voters revised after the year one thousand eight hundred and eighty-six, the same shall be certified and published, in the manner required by the said Act as hereby amended, on or before the first day of Septem- ber in each year, and shall be finally revised and certified and duplicates thereof !. ; 414 DOMINION FRANCHISE. L I ri V! 5i„ /: If--'- ■ m ; 111 !■': Ui )>:'{ "f forwarded to the Clerk of the Crown in Chancery on or before the first day of November in each year. (St-e p. 7H.) I8> Whonevor from illness or from other casnalty a revising officer is unable to liold any sitting at the time appointed therefor, the clerk may adjourn the sitting to any liour on the following day to be named by liim, and so from day to day until the revising officer is able to attend, or until other provision is made for the holding of such sitting. 17. Any revising othcer appointed under the Act hereby amended may, in case of illness or necessary absence, after leave granted therefor by the Governor in Council, appoint a deputy revising officer to act for him during such illness or absence ; such appointment shall be subject to the approval of the Governor in Council : 2. The deputy revising officer shall be i)ossessed of all the qualifications, and during such illness or absence shall have all the powers of a revising officer, and if he is not a judge of any court his decision shall be subject to appeal as pi'ovided in the Act hereby amended. 18. In the present year, one thousand eight hundred and eighty-six, it shall not be necessary, in any case in which the preliminary list of voters has been made for a polling district constituted under the laws injfti'ce at the time of the passing of the said Act, and does not contain the names of more than three hundred voters, that such polling district should be divided as pi'ovided by section twenty-one of the said Act ; and in every such case the linal revision shall be made upon such preliminary list, and it shall not be necessary that such list shall be printed and published as provided by section twenty-four of the said Act, but the notice of the final revision required by the last cited section, and section twenty-five of the said Act, may be posted up and published at any time after the passing of this Act. [See pp. o-'i, 55 and 56.) 19* The list of voters prepared under the said Act in the present year, one thousand eight hundred and eighty-six, shall when finally revised, be valid and shall avail for the purposes of the said Act, notwithstanding that any form thereby prescribed is departed from, or that anything done is not done within the time or in the manner prescribed thereby, or that the territorial limits assigned to the revising officers in the district of Algoma were altered or extended subsequently to their having taken the oath of office. 2. No action or proceeding shall lie or be maintained against the revising officers in the said district of Algoma, for any penalty or penalties by reason of their acting as such revising officers after the limits assigned to them had been changed and new commissions had been issued to them without taking theit oaths of office anew. 20. The oath of qualification to be administered to a voter under the provisions of the sections substituted by section six of the Act forty-first Victoria, chapter six, for section forty-three of " Tin' Dominion Klectionx Act, 1874," shall be in the form B or in one of the forms C, D, E, F or G, in the schedule to this Act, as the circum- stances of the case require. of o I- f ! •?. tfa^;>u-' !r 2 £ 2 5' *" s; "• ii. 5' a 3 5' !? a «' 'h- 5" : ?" 2.^ £-5 »2 o* *t 'Ti "ij 1^ t; tt K "t; ees OB 2:2 ;; f° = ;; P (t 7; : B r< o : E : o -' i; to *. -^ M a; o C H 'tl ET"^ '-' ^^ O CB g22rt x?2^2 c £ B 2 ~o S B _ o DOMINION FRANCHISE. SCHEDULE. 415 Consecutive Number. i-oto^ (J5 rt (5 (C o "§i<2 • o - to- >-♦> X ij It.* ■ u; - _ w T efi-2 S B" .^ r' r+ ■(5 5' C O ? S S I -. o Post Oflice Address, -9 p c P ^- t-ti — p " H — -,0 f5 7: f^ O If: ft ffi -. o 2 o'" O "^ B >< p X „ 71 o «■ ^ ^^ ^ P K re 2 2-: » ft C X "-^ ft p* (*■' ^ 02 i.g- - t/ o ■ S X "^ O £ r — "■ "="-" ^ w o *'= "^ '■I i z ^ B* ^ *— ' B B B ffl ? * B O 2 tB"(C B S- O o s •a 3. 9) B n a o B* p a a •a * 2 "^ _■ to o B- CD - a £ ^ ^ O O o n- O P o s 5 ■< s - '* o ? B c- V. H H C * P 5=5 = Ti ^ * S 3 3 n p P P 3' 3 •^ ? r' Ell "< ta- ri re P O _3 C S T a - P ?« = ^- 2. 7: O CO H. n o 5 r i I o 35 6 51 O ^ I I t H O O H a c 416 DOMINION FIIANCIIISR. roH.M ]{. t'linn III' (/nth lit' ijii'illticntliui 11/ 11 pfrxiin irlinin iminr in rr ii-iti'ri'il :ii< a rnlrr mi tlif list ni' ru'em otheniixtt than in it lannfr'/i sun or us thi' sun 11/ tin' < irnrr »' iitlicr ri'itl jirniii'i'tii, I. (A. i 1. sol 01 11 lily swoar uir if In- is nni- nf tin' /•' rsuni /n' initli' I hi/ I'lir to niinn in ririt cave*, soli'iimly iitliniii, - 1. 'I'liiU I Hill till! poi'soii-inini'il, f)r jitii'iiovtiii^ fi» bo named, hv tlio iiaiiic of (mill if tlii'ri' iti'i' innrr /lersiins tliiin nni' uf tin' sniiu' niinii' nn the siilil list, iimi'rtini itlsn his inliliHon III- iii'cninitiiini on tl 10 list of voters for poll in.:,' district No. in the cI 00 to ml district tnr niiiui- ciimlitv) of 2. Tlial I uiii 11 British snliject il)\ birth «/" natiinilization, as the oisi' mini 'ui .'ind that I ain of the full a,f,'(! of twoiity-onc yoirs ; '•i. That I havo not votcil boforo at this oloction oith«4' at this or any other iiolliiif,' placo : •1. That r have not received anything' nor has any thi 11 ; been in'oniise 1 ni(.' directly or iiidi- voctly. either to inibnu! nio to voto at this election or for loss of time, travelliiif,' o.vpoiises, liire of team or for any (jthor service connected therewith : 5. 'I'hiit I have not, directly or in lirectly, piid or promise! aiiythin;,' to any person either to induce liiui to vote or to refrain fruni votinj,' at this election. Ho help uio Ciod. FORM C. V. Farm nf Oathnf Qiinlijirntinn nf a jii'rsnii irlinsi' nanii' i-i ivjistered an n rnti'-,' nn thr list nf ri)ti't:i «.< hin'nfi a Jarnn'r'n son nnt clnlminij the benefit of the piwision a-f tn urra.-'i hkiI n'tseni'i' tts a Mariner, lislierni in nr stinlent. I, (\. B.l, soleninly swear lor if he is niie nf tin' pernniis iierniitted hii Iniv tn iijlii ni incluil Cfjivw, solemnly alHrin I : — 1. That I am tlie person naiiiel, or inirportinu to be named, by the 11 ime of- (and if there are ninre jiersnns than mie <»'' the smiie nam nn the said list, insertiii'i nlsn his add!- tinn nroceiijintinn) on tlie list of voters for polling,' district No. in the electoral district 'iir ntnnieiiialityt of 2. That 1 am a, British subject (by birth nr naturalization, «v the ease man he) and that I r.in of the full at,'e of twenty-one years : ;i. That I have not voted before at this election, either at this or at any other polling place : 4. Tliat I have not received onythins. nor has anything been iiromiscd me. directly or indirectly, cither to induce me to vote at tlis election, or for loss of time, travelliiif^ expenses, hire of team or for any other service ccninected therewith : .5. That I have not, directly or indirectly, paid or promised anything' to any person, either to induce him to vote or to refrain from votiiif,' at tliis election : 0. That I am resident with my father («;• if hi.-< father in dead, with mymotheri within this elecoral district, aiul that I have not been absent from such residence more ihan six montlia since I was placed on the list of voters. So help 1110 God. FORM D. :;l'^ Form of Oath 0/ Qualification of a person whose name ix rei/istered as a coter i>n the list of rntem as beinfi the son of the mnier of real ^irnpertii, nther thana farm, not claimimj the bene fit of the provision an to occasional absence as a ma iner, fisln'nnan or student. I, I \.B.), solemnly swear («(• if h isone nf the jiersnns jiermitted hji lair to a firm in ciril cases, solemnly aliirni): — 1. That I am the ijerson named, or purporting to be named, by the name of [and if there are mure jiersniis than one uf the same name n the S:ud list, insertini also his addition or oceitiiatinn) on the list of voters for polling district No. in the electoral district (or municipality) of ^ , . DOMINION FHANCHISE. 41 li. Tluit I Hill II I'ritisli mlijt'ct ll)y I'irtli "/■ niitiniiliz.itioii, ((.< thr ntm- iriKj/ bi'iaild that I Hill of tlio full line of twonty-iiiic years : ;t. 'riiiit I liiiv« Jiot voted liefore at this electi jii, either nt this or at any otliei- pollilii,' lilace: 4. 'riiat 1 hive not receixed anything nor has miythiiii,' hecii jiroinised iiic, directly or iiidiiectly, eitl.er to iiidiice me to vote at tiiis eU'clioii ortor loss of tiiiie, travelling exiioiises, lure of tt^aiii, or for any > ther sei \ ice connected theiuNsith: 5. 'I'hiit I have not. directly or indirectly. iiiVid or id'oiiiised anythiiiK' to any jiersoii, either to induce hun to vote or to refrain .roni votili;,' at this election : (1. That I am resideiii with my father [ur 1/ hin iiitlici' U diiiii. with my moiheri within this electoral district, iiml t liiit I lin ve not heeii aliscnt from such reftidoiice more than six months Hlnce I was iilaccd on tlie list of voters. So lidii me isment Act, or of any Act amending the same. (See pp. 91 and 92.) 2. Section 7 of The Election Act, as amended and enacted by The Franchixe and Representation Act, 1885, is hereby further amended as follows : 1. By omitting from the paragraph and provision therein designated secomlUj the words " local municipality," and inserting instead thereof the words " electoral district;" {Seep. 100.) 2. By omitting from the paragraph and provision therein designated thirdly the words "local municipality," and inserting instead thereof the words "electoral district ;",(St;t' 2). 101.) 3. By omitting from the paragraph and pro\ision therein designated /((((c////// thewords "said municipality," and inserting instead thereof the words "electoral district in whicli he tenders his vote ;" {Seep. 102.) 4. By omitting from the paragraph and provision therein designated Jlj'thhj the words " local municipality," and inserting instead thereof the wo: Js " electoral district ;" and by adding at the end of said paragraph and provision so designated .Mhlij the words following, that is to sdy : {See p. 103.) " The time spent by any such landholder's son as a mariner or fishermHii, in the prosecution of his occupation, or ap a student in any institution of learning situate within the Province of Ontario, shall be considered as spent at home, and as having, for the purposes of this Act, been spent and pi ^ with and in the residence as aforesaid of the landholder whose son he is. {See p. 103.) 3. Section oS of The Election Act is hereby amended by adding thereto the following as a sub-section thereof : — 420 ONTARIO FRANCHISE. (2.) Any voter entitled to vote within a city or town shall, on the clay of poll- ing, for the purpose of voting, be entitled to absent himself from any service or em[)]oyment in which he is then engaged or employed, from the hour of noon in the day-time until the hour of two of the clock next thereafter, and such voter shall not, because of his so absenting himself, be liable to any penalty, or suffer or incur any reduction from the wages or coinpensation to which but for such absence he would have been entitled : provided, that if so reijuired by the person in whose service or employment such voter is so engaged or employed, every such voter so absenting himself shall, at some other time during the same or the following week employ himself in and about such service or employment for our hour more than the hours of the usual and ordinary day's work or service otherwise required to be performed by him : provided, moreover, that this sub-section shall ijot apply where any such voter is by his employer or master permitted or allowed at any other peri(Hl during the hours of polling, reasonable and sufficient time and opportunity to vote. By section 4, the forms of voters' oaths or afitirmations nu'.nhered 19 and 20, ill schedule A to 'Hie Klection Art, as amended hv sec- tion () of T]u'. Franchise ami Ri'})i'eseutation Art, 1885, (ser jxuirs 110 and 111,) are altered, form 19 by substituting for tiic word " iitiiniripdlifii," where it occurs in said form the words " Elcitora} Distrirt and are entitled to rote at f///.s' rlrrtion ,•" and form 20 by adding after the words " «/./• months in a//," where they occur in said form the words "and r.rrrpt and save for and diiriii;! such further time {if anjf) as was i'])ent la/ i/oii either in the orriipation of a uuiriiu r or fisJirrman, or as a student of some institution of learnituj situate nitiiin this Proviure." " An Act to fui'ther amend the Assessment Act," contains the following section : 6i To remove doubts, it is hereby declared and. enacted that any person entered in an assessment roll as a "wage-earner" within the meaning of Thr Assefsnicia Act as amended by Tlie Afiicxxmcnt AmcuilmciU Act, Ififso, shall be entitled to and shall have the full exemptinn from taxation provided lor by sul>-section '22 of section (') fif 'I'lic A-iscstmicnt Act in respect "f earnings oi' income, i-'^cc p. Kil, note //.I • Section ') of clui.pter 10 of 1!) Victoria is as follows : "). Sub-section 1 of section '2 of The io^-cs' l.ials Act as amemled by '/'Ac J'lttfr"' F.itits AiHiHtliiicnt .(i7. i^(V>5, is hereby further amended by omitting therefrom the words •' first revision," and iiiserling instead thereof the words '• fhial revision," \Scc i>. lit;, iiiitc li.) lay of poll- y service or of noon in \ such voter or suffer or iucli absence ion in whose iich voter so lowin}^ week r more than eciuirecl to be apply where it any other I oppoi-tunity ; numbered :led by sec- , (sec jxKjcs f the word " ElcrtoniJ onii 20 by !V occur in '//;•//((/ SlirJl pdtioll (>t " ;/' Icfiniiii;! ontains the any person lining of Till' all he entitled •iuh-'seftion 2'! (Nee p. lOl, tlierefroni the lual revision." MANITOBA FRANCHISE. MANITOBA. 421 The Election Act of Manitoba, 188G, repeals " The Act respect- ing the Legislative Assembly." {See p. 201.) The Franchise qualitications are contained in section 12, which is as follows : — liEGISTRATION OF ELECTORS. gUALIlICATION. 12. Every person shall, from «nd after the coming into force of tliis Act, be entitled to be rej^'istered as an elector for any electoral division in the Province, and when so re^'istered, except as hereinafter provided, to vote at any electicn for such electoral division, if such person :— (1.) Is of the male sex; and — (2.) Is of the full aj^e of twenty-one years; and — (A.) Is a British subject by birtli or naturalization ; and — (4.) Is and has been at the time of the date of the signing of the Register as provided under sub-sec. 4 of clause IS, within the limits of such electoral division for a period of at least three months, actually and in good faith, owner of real pro^jcrty of the actual value of one hundred dollars or upwards ; or — (5.) I'j and has been within the limits of such electoral division for the same period, actually and in good faitli, tenant of any real property of the valae of two hundred dollars or upwards, under rental equal to an annual rental of it least twenty dollars ; or — (<■).) Is and has been, during the same period, witliin the limits of such electoral . division, actually the occupant and boiui fulc householder on any real property of till' raliic iif at huist one hundved didliirx, whether such occupation is under a license of occupation or agreement to purchase from the Crown or from any other person or corporation, or exists in a.iy other manner except as owner or tenant; or — (7.) Is and has been within the limits of such electoral division during the same period; joint owner, joint tenant, or joint occu[)ant of any .real proi)erty, whenever the share of such joint owner, joint tenant or joint occupant 'is sufficient in value, or in the case of tenant in amount of rent, siccording to the provisions of tliis Actr to (jualify such joint owner, joint tenant or joint occupant to be registered on the list of electors, in respect of such share, as if it were held in their respective indiviilual names, and not jointly with one or more; or— (8.) Is and has been during tlie same period, a resident within the limits of such electoral division, and deriving an income from his earnings in money or money's worth, or from some trade, office, calling, or profession, or from some investment in the Province, of not less tlian three hundred dollars annually ; or — 422 MANITOBA FRANCHISE. m w (0.) Is the son of any owner of I'eal property, and not otherwise qualilied as an elector, within such electoral division ; and — (a) If his father is living', — is and has been resident upon'such property con- tinuously with his fatlier, beii'i;^ such owner for a period of three months, if the real property upon which his father resides and in respect to which his father is 'jualitied to vote under this Act us owner, is of sufficient value,- if equally divided amonf;!st them as co-owners, to (qualify them ns electors under this Act, in which case both the father and such one or more sons as may desire, may be registered as electors : and if the said real property be not of sufficient value to give the father and each of such sons the right to vote in respect of such value when equally divided, then the right to be registered as an elector and to vote 'in respect of such real property shall belong only to the father, or to the father and the eldest and such of tlije elder of the sons being so resident as aforesaid, as the value of the I'eal property, when equally divided, will qualify ; or - (h) If his father is dead, — is and has been resident upon such real property continuously with his father (or his mother after the death of his father) being such owner, for a period of three months, if tlie real property on which his father (or his mother after the death of his father) resided or resides, and in respect of which such father would be qualified to vote under this Act as owner if living, is of sufficient value, if e(]ually divided amongst all of his sons as co-owners to qualify them as electors under this Act, in which case such one or more sons as may desire may be registered as electors ; and if the said property be not-of suiiicient value to give each of such sons the right to vote in respect of such value, when equally divided, then the right to be registered as an elector and to vote in respect of such real property, shall belong only to the eldest or of such of the elder of the sons, being so resident as aforesaid, as the value of the real property, when equally .divided, will qualify. (10>) Is the father of any owner of real property, and not otherwise qualified as an elector within such electoral division, if a resident within the limits of the same, for a period of at least three months, and if the real property of such owner is of sufficient value to (qualify the father besides such owner. WHO SHALL NOT VOTK. The list of persons ci sqiialified to vote is contained in section 130, which is as follows : — 130a The following persons, though their names may appear on the list of electors in force at the time of any election to which this Act applies, sliall be disqualified and incompetent to vote at such election : — (1.) Persons who are not of the male sex ; and — (2.) Persons who are not of the full age of twenty-one years ; and — NEW BRUNSWICK FRANCHISE. 423 jal (H.) Persons who are not subjects of Her Majesty by birth or naturahzation ; and — (4.) The judges of the Court of Queen's Bench and of the county courts ; and^— (5.) Indians or persons of Indian blood, receiving an annuity from the Crown, so long as such Indians or persons of Indian blood receive such annuity ; and — (().) Persons disqualified under the provisions of the Manitoba Controverted Elections Act or amendments thereto, or persons otherwise legally incapacitated ; and — .' • (7.) At any such election except as hereinafter provided, the returning officer or the person acting in his stead under the provisions of this Act ; and — (8.) At any such election, the agent of any of the candidates, if such agent has received or been promised any pay or indemnity for his services. A new system of registration ia provided similar to that provided by the Dominion Franchise Act, except in the'following particulars : The Hst is to be prepared by an officer to be appointed by the Lieutenant-Governor and called ' The Enumerator.' It is to be revised at a Court of Revision to be presided over by one of the County Court Judges of the Province, within such territorial division as may, by proclamation of the Lieutenant-Governor, be assigned to such Judge for the purposes of the Act. No prelim- inary Court of Revision is. provided for. The list for' future years is not to be reprinted in full, but only a list of the additions and alterations of the first list ; but the enumerator is to proceed to prepare a new register within one month after the prorogation of the third session of each Legislature. Voting by ballot is provided for. NEW BRUNSWICK. 'tion A new Francliise law has been passed by the Legislature of this Province, but as it has not yet been printed for distribution its provisions cannot be embodied herein. The Provincial elections having been just held, it is not deemed worth while to delay the issue of this supplement in order to include the new New Bruns- wick Act. list of ill be