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Les diagrammes suivants illustrant la mAthode. 1 2 3 1 2 3 4 d 6 — v\^v>>Vs>v^ K^^ ' ^\\^ K n HANDY BOOK ON THE DOMINION AND ONTARIO FRANCHISES, CONTAINING THE FUANCHISE ACT (R. S. C. c. r,), and THE AMENDING ACT OF 1889 (52 Vic. c. U), AND THE ONTARIO MANHOOD SUFFKAGE ACTS, (51 Vic. c. 4, C, AND 52 Vic. c 5, O.), WITH Notes and References to the Cases and Annotations under the former Acts, BY THOMAS HODGINS, Q.C., Editor of Ilodj/imi' Election Caneii. Canadian Franchise Actt, and Manual on Votem' Littg. "Let all people come in and vote fairly; it is to support one or the other political party to deny any man's vote:" Hult, C.J., in Anhhy v. White, 2 Ld. Kayni. '.).%. TORONTO : CARSWELL & Co. LAW PUBLISHERS. 1889. 'J{ o y b ' The Editor's Works, cited in the notes to this ediMon, are : The Canadian Franchise Act, 1885, (48 & 49 Victoria, chapter 40), with notes of decisions on the Imperial Acts relating to registration, and on the Provincial Franchise and Election Acts : with an appendix containing the Provincial Franchises of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, and Prince Edward Island, pp. vi + 220, (cited in the notes as " the Act of 1885.") Supplement to the Canadian Franchise Act, 1885, containing the Amending Act of 1886 (49 Victoria, chapter 3), with explanatory notes, pp. 52, (cited in the notes as " the Act of 1886"). M CONTENTS. PART I. THE DOMINION ELECTORAL FRANCHISE. PAflK. Table or Refbkence to the orioinal sections of the Fr.\nchi8E Act iv Table of Cases ^ Table of tue Dominion Electohal Fhaxchihe viii An Act Hesi-ectino the Klkctokal Fhanchise (R. S. C c. 5) 9 An Act to Amend the Reviskd STArrTEs, Chaptbr Five, Respect- ing the I'^J-ECTOUAL FUASCHISE (.0'2 ViC. C. 9) '* PART II. THE ONTARIO MANHOOD FRANCHISE. PAtiX. An Act to Establish Manhoou Scffbaoe fob the Leoislativr Assembly (51 Vic. c. 4, O.) "'* An Act Respecting Oathb undeb the Manhood Suffbaoe Act (52 Vic. c. 5, O.) ^*^ Index to Fbanchise Acts »' TO Manhood Suffbaoe Acts "* TABLK or UKFKRKNCi: rUANC .■ a w • w V. V 1 ('') (d) (<•) (0 (.'/) ih) (•■) 0) (*) (/) (m) («) («) ♦ /') (»•) (») (0 («) 3(1) (2) (3) (4) (5) (6) (7)(«) (8)(«) (b) (9) (10) 4 5 6 7 8 9 10 11(1) (2) (3) H) (6) (6) 12 13 14 ®5 1 2 2 2 6 7 10 part 11 part y 13 14 part TO TIIK ()HI(;iNAL SKCITIONS OF THE lIISi; ACT. 1^ S. C . c. 5 -^7 I \< ^ 2 (I) (2) (')) (<•») (7) {a) (8) («) (9) (10) 3 14 part 54 65 ' il7 (1) (2) >.-|| ,3 II 3J 3:' :^^ * « 13 b «>.=i lit ilJ It' I 15 in 17 IH 11» 20 21 22 23 24 25 21 2.') (ir-T, (2)i (3)' {DM (2) '39 (1)'41 (2)' " (3) 22 (4)1 " (5)23 2<> (1)142 (2) u" 34 pi i\- 34 pt iV 35 A- 36 2ii 27 28 29 30 31 32 33 34 35 (3) (4) 43 44 36 37 38 39 40 41 42 43 56 47 40 38 1 49 (a) 53 (ft) ('•) (1)50 (2)j (8) (4) (5) («)! 50 5] 5fl 45 62 163 64 part (rt)ct(f) (b) id) part proviso 10 9 15 part 6 7 11 12(1) (2) 16 ~8 8 8 13 4 I 5(1) (2) ' 6 49 V.c. 24 s. 70 F TlIK a 13 4 TABLE OF GASES. 5(1) G Acland v. Lewis 29 Adams v. Huclianan 88 V. Lord 13 Agnew V. Fowler 00 Allentown lOH, 10{) Amy V. S»i)ervi8orB 114 Asliby V. Wliite 10, 104, 105 Aslimore v. Leys 19 Atkinson v. CoUard 107, 108 B Baines, In re 8H Bane, In re 00 Barr v. Chambers 85 Beal V. Town Clerk of Exeter.. 107 Beeson v. Burton V.) Bennet v. Chapman 75 Bendle v. Watson 89 Beverley 70 Beverley's case 103 i Blackstone's Commentaries. . . . 101 ' Boyces, In re 105 Bridges v. Miller . . 54 Brown v. Ingram 103 Bruneau v. Massue 02 Burton v. Brooks 54 V. Gery 89 Butterworth v. Hoe 114 C Campbell v. Chambers 12 Charlton v. Lings 103 jChilds V. Cox 88 ! Clark V. Tarish 54 ; Colchester 103, 110 I Collier v. King 54 I Collins V. Thomas 14 Cook's Case Ill Cortield v. Coryell 105 Cox's Parly Ejections 101 CuUen V. Patterson 44 Daily v. Easterbrook 31 Dakin v. Eraser 78, 80 Dean v. Green 83 Doogan v. Colquhoun 88 Downing v. Luckett 21 Dufferin 85 E Edwards v. Lloyd 104, 111 Elliott on Electors 109 Farlee v. Runk 30 Ford V. Drew 109 " V.Harrington 13 *' V. Smedon 55 Fowle V. Trevor 12 Freeman v. Newman 87 VI TABLE OF CASES. (Jailfiby V. Barrow '21 CiiiiiHford V. Kri'erimu 12 (;ill>ort V. Kiuk'an HO (J rant v. I'aMlxiin 7'» (Jreat (Jriinsby 110 (iriftin v. Hisiiif? 114 11 Halo V. Lewis lU Harf^reaves v. Hopper 122 Harris v. Amery 14 Hartley v. I lalne .'54 Hanson v. Chambers 18 Heniien, Kx parte 7<» Hersaiit v. Halse 114 Hey wood on Klections .... 101, 111 Iludson on Elections 100, 111 Humphrey v. Earle 54, Hti Isaacson v. Durant 128 Jacob's Case 117 .lefl rey v. Kitchener lOS Jones V. Kent 114 E Keiirns' Cnse s') Kerr v. Chumbers Ill La very v. Kingsbury Levy 'b Case Lincoln 104 Little V. Penrith 2'.» L'Original Voters' List IOC London Fire Ins, Co. v. London 77 M Ma^^arrill v, Whitehaven Ill Mahnsbury Ill Martin v. Hanrahan U»7 Mashiter v. Dunn 112 Melaugh v. Chambers i>4 Miller v. Thompson 107 Monaghan's Case 18 Muskoka v. Parry Bound 78, 113 Mo McClean v. Prichard 13 McConnell v. Graham 44 McCrary on Elections 104 McEwen v. Boulton 71) McKay v. Campbell 64 McKillop V. Griffith 11 N Nebraska, In re 74 Nettleton v. Burrell 60 Nicholls V. Bulwer 54 Nuth V. Tamplin 77 O Orme on Elections 104 Oxfordshire Ill P Paddon v. Whiteway 88 Palgrave's Parly. Writs 100 TABLE OF CA8F.8. Vll H5 People V. Cook , l^erry v. Ailams ^ • Pickard v. Daylis 'J Porrett v. Lord ' Powell V. Bradley ^-^ " V. Guest l{" Powle V. Trevor. •••■•• /;^ Prynne'8 Brevia Parlmmeiitaria .. JM Putnam v. Johnson ^ ^u B SimpHon's Case ^JJ Sinerdon v. Tucker -|L Smith V. Chandler »' " V. Woolston Zi 75 * " ■ 2y South Huron Starr's Case StriblinK v. Halse •; t1 Supervisors, In re 31. 77 28 Reglna V. Hagar ;• * V. Holbeck 1»1 V. Stroul«er ||| •' V. Sturdy ; • • • • \\': .. ex rel Carroll v. Beckwith . . ll'> " " Dundas v. Miles j''* Rex V. Mitchell l^^ Robinson v. Ange B Sale, In re ^J Sanders v. Smith ^^ Shrigley v. Taylor J -^ Simeon on Elections i"" Simey V. Marshall • • • • • '•' Simmons & Dalton, In re..i)0, 77, 8b 87 T Tanner V. Carter 108,109 Thackway v. Pilcher »;> Trotter v. Watson ^^ Vallandigham v. Campbell 93 Virginia, Kx imrte "** W 111 . 21 Wendover White V. Pring W' ilson V. Buchanan ** ! Wood V. Chandler •** TAMLK OF (,)rALIFI('ATIONS FOU THE DOMINION KLKCTOHAL FRANCHISE. TiTI.K «»K VttTKU. HkM. PllOI'KHTY l''llAN( IUHK. (1) (hnifr— ((/) ill hinown ri^lit (/() in ri^iit of wifi* (i-) his wifo owner . (2) Ocnijiinit — ((/) in liin own rijiht (/>) in riylit of wifo (c) his wiff occupant (3) F") Indiitn Income Fraxchisr. ({>) IiK'omr (10) Annuitant OwnerKhip At the date of the reviuion of the hst PosseHsion one year before ))eint< placed on the list, or application therefor. Residence witli father or mother on property one year before beinji placed on tlie list, or application therefor. Possession one year before beinj4 placed on the list or application therefor. Possession under a five years lease for one year l)efore beint» placed on the list, or application therefor. Residence and ownership at the date of the revision of the list. QfAMKYINO VaI-UR. f Possession at date of the ( revision of the list. ( Residence one year next before beinjj placed on "( the list, or application ( therefor. rities, ».H0(). Towns, »*200. Other pluce8,9150. Value of farm or other property if equally divid- ed to nive father and each son a vote according to the above ra- ratios of value. $2 monthly, or ( fH> quarterly, or $12 half-yearly, or $20 yearly. /9150 land, boat^, I and fishing tack- I le.or share in reg- ( istered ship. $150 improvements. $300 annually. I $100 annually, se- ] cured on land. D Ut I no V c o] a: •See note (:) p. 23. HANDY BOOK ON THE DOMINION AND ONTARIO FRANCHISES. PART I. THE DOMINION ELECTORAL FRANCHISE. Revised Statutes of Canada, chapter 5. An Act respecting the Electoral Franchise. (^0 [Prnclainu'd •jitli Juituiiry, 1887, to have rjh'et on and after l»t March, 1887. \ TTER Majesty, by and with the advice and J-J- consent of the Senate and liouse of Com- mons of Canada, enacts as follows : — («) This Act is a consolidation of the Acts of 188i> (48i.fc49 Vic. c. 40) and 1880 (4'.> Vic. c. 3); but altered in some respects by the Commissioners for the Revision of the Htatutes of Canada. By 49 Vic. c. 4, s, 8, the Revised Statutes are not to operate as new laws, but to be construed as a consolidation and as declaratory of the law as contained in the Acts for 10 ss. 1, 2. ELECTORAL FRANCHISE. R.S.C. SHORT TITLE. Short title. 1, This Act may be cited as The Electoral FniHchise Art. {b) 48 cV 4!) V. c. 40, 8. 1. Interprt'tii- tion. " Person." (s. 2, 18S.J.) " Owner" elsewliere INTERPRETATION. 2. *In this Act, unless the context otherwise requires — [(1) The expression ** person " (c) means any male person, including an Indian, and exclud- ing a person of Mongolian or Chinese race ; (h) The expression " owner " when it relates than in Que- to the Ownership of real property situate else- bec, where in Canada than in the Province of Quebec, (8. 1, 188<>.) jjjgr^ng ^ijg proprietor either in his own right or which they are substituted. But where the Revised Statutes are not in effect the same as the rejtealed Acts, the Revised Statutes are to prevail. The section and year given in the marginal notes indicate the original section and Act from which the clause has been taken. The cotes referred to are those in the Editor's editions of the Fran- chise Act of 1885 and the Supplementary or Amending Fmchise Act of 1886. (b) A law for the registration of voters does not add a new qualification to the franchise, and is a highly reasonable and useful regulation : Capen v. Foster, 23 Am. Dec. 632. It should promote and not impair or destroy the elective fran- chise, or the rights of electors : Ibid. 646. All people should be allowed to come in and vote fairly ; to deny any man's vote is to support one or the other political party : Ptr Holt. C. J„ in Ashby v. Wliite, 2 Ld. Raym. 968. See note (t) p. ia5 to the -\ct of 1885. ((*) See notes on this definition (c) to (/) pp. 40-43, to the Act of 188.J. •Altered by the Statute Revision Commissioners. Cap. 5.] ELECTORAL FKAHCHISE. 8.2. 11 8 -» •r d le ir d !S 1- « er id [t I- d s T e I for his own benefit, or if such proprietor is a married man, it means the proprietor in his own right, or in the right of his wife, or the person whose wife is sue 'i proprietor, of freehold estate, legal or equitable, in lands and tene- ments held in free and common socage, of which such person or the wife of such person is in actual possession, or in respect of which Buch person is in receipt of the rents and profits; (d) (c) The expression "owner" when it relates "Owner" in to the ownership of real property' situate in the Q"®**®^'- Province of Quebec, means " proprietor " or (^®^^) " usufructuary " {usufmitier) either in his own right, or in the right of his wife, of real property in ** franc alleu," or in free and common socage ; Usufiuc- and when one person has the mere right of ^^^^' property or legal estate in any real property in the said Province, and some other person has the usufructuary enjoyment {la jouissance et Vusiifrnit) of the same property for his own use as aforesaid, the person who has the mere right of property or legal estate therein shall not have (d) This was an amendment made by the Act of 1886. Where a married woman seized of a freehold to her separate use conveyed the same by deed in 1883 (after the Imp. Act of 1882) to her husband in fee simple, such conveyance did not give the husband a title to the property so as to qualify him to be registered in respect of it : McKHlop v. Griffith, Saint's Beg. Gas. 71. See notes {I) to (f) pp. 22-23, to the Act of 1885, and {e) to {g) pp. 6-8. to the Act of 1886. 12 s. 2. ELECTORAL FRANCHISE. TR. S. C. the right of being registered as a voter or of voting under this Act in respect of such property, but in such case the person having the usufruc- tuary enjoyment {iisufniit) shall alone have the right of being registered as a voter and of voting in respect of such property under this Act ; (e) "Tenant." (d) The expression ** tenant " means as well (1885.) a person who is bound to render to his landlord some portion of the produce or of the revenues or profits of the property leased, in lieu of rent, as a person who pays rent in money therefor ; (/) "Occrpant," (c) The expression *' occupant " means a per- (188G.) son in actual occupation of real property other- wise than as " owner," *' tenant," or *' usufruc- tuary," in his own right, or, in the case of a («') A person will not be disentitled to the franchise by reason of his iiermittin*?, as an act of kindness, another person to live on his premises, and in respect of which both were rated : CampheU v. Clxnnhers, 20 Irish L. R. 239, See notes (d) to (A) pp. 18-22, to the Act of 188.3, {/) A tenant in order to establish his franchise is not bound to prove his landlord's title : Powle v. Trevor, 1 Colt. Rej^. Cas. 82. A rij^ht by contract to have a '.>9 years' lease granted at a futui'e time and on the performance of certain conditions, does not confer the franchise, although the intended lessee be let into possession pendmg the fulfilment of the conditions : Trotter v. Watson, L. R, 4 C. P. 434. A testator fjave his son an equitable interest in a leasehold for his life ; Held, that as his equitable interest was subject to be defeated by his death, he was not entitled to vote : iriiiusford v. FreeiiKtn, L. R. 1 C. P. 129. See notes (u) to (w) pp. 34-37. to the Act of 1885. Cap. 5.] ELECTORAL FRANCHISE. F. 2. 13 married man, in his own right or in the right of his wife, or whose wife is in such actual occu- pation, and who or whose wife receives to his or her own use and benefit the revenues and profits thereof; (cf) (/) The expression "father" includes grand-' father, stepfather and father-in-law ; and the (if) This definition is taken from the Amenrlinj» Act of 1886. See notes (x) to (a) pp. 37-40, to tlie Act of 188.3, and {h) and (i) p. 8, to the Act of 188G. " ' Occupation ' is a technical term, and means legal, not mere physical, occupa- tion:" Per Lord Coleridge, C.J., in McCleun v, Prichanl, 20 Q. B. D. 285. A canon of a cathedral who occupies his dwelling as a corporation sole and not as a member of the chapv«r corporation aggregate, is entitled to be registered as a voter: Ford v. Harrington, L. R. 5 C. P. 282. The appellant was an officer of guardians and was allowed the exclusive occupation of certain rooms in the workhouse. The master of the workhouse had rooms in another part of the building and had power to suspend or dismiss the officer ; Held, that as the workhouse was not occupied by the guardians, such officer was an inhabitant occupier and entitled to be regis- ttred as a voter : Adams v. Ford, 16 Q. B. D. 239. A shop as distant* occupied, by virtue of his employment, a room in a dwelling house belonging to his employers. Other assist- ants occupied other rooms, and all had a common dining room. The employers did not occupy the house, but had a caretaker who exercised a general control over it ; Held, a sufficient inhabitancy of a dwelling, by virtue of service, to confer the franchise : Stribliug v. Halse, 16 Q. B. D. 246. See also Hasson v. Chambers, 18 Irish L. R. 68; Monaghan's Case, Ibid. 285. ' Occupation of a dwelling-house by virtue of an office or employment in the service of the owners of such houses, is no qualification for the franchise : McClean V. Prichard, 20 Q. B. D. 285. Fiitlier." 14 8. 2. ELECTORAL FRANCHISE. [R. S. C. "Mother." (18H0.) " Son." (lyKO.) "Farmer s son." (188(i.) *' Real pro- l)erty." (1885.) expression ** mother " includes grandmother, stepmother and mother-in-law ; {h) {(j) The expression ** son " includes a grand- son, stepson and son-in-law; {j) (li) The expression " farmer's son " means and includes the son of an owner and actual occupant of a farm, or of a tenant and actual occupant of a farm under a lease for a term of not less than five years ; (A-) (i) The expression " real property " means a lot or portion of a lot or other portion or sub- division of real property, or a house, store, office or building of any description whatsoever, or any portion thereof, situate upon real property, and forming part thereof ; (/) (/<) The ori{{inal delinition was amended in 1886. See notes (/) p. 80, to the Act of 1885, and {j) p. 8, to the Act of 1886. (j) This Amendment was made in 1886. See notes p. 45, to the Act of 1885, and note (w») p. 9, to the Act of 1886. (k) This definition is from the Act of 1886. "Farming" is a business that has for its object the acquisition of gain : Harris v. Amery, L. R. 1 C. P. 148. See notes {j) to (m) pp. 45-46, to the Act of 1885, and (k) p. 8, to the Act of 1886. {I) The words " lands occupied with a house" in s. 24 of the R«form Act (Imp.) refer not merely to contemporaneous occupation of the qualifying premises, but also to the user of them for a common purpose : Sanders v. Smith, 43 L. P. R. 438. The words "occupied therewith" do not refer to local contiguity, or property separated by a highway : Collins V. Thotnas, 12 G. B. 639. See note (w) p. 51, to the Act of 1885. Cap. 5.] ELECTORAL FRANCHISE. s. 2. 15 (j) The expression '* farm " means land actu- " Farm." ally occupied by the owner thereof and not less (1885.) in quantity than twenty acres ; and the expres- sion " farmer " means such owner thereof ; (in) (k) * The expression *' the Province " means " The Pro- that Province of Canada in which is situate the ^'"^^• electoral district or portion of an electoral dis- ^ ^ ^'^ trict for which the Revising Officer in the case or matter referred to is appointed ; (l) The expression "city" means any place "City." incorporated as a city, 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 ; except the cities of Hull and St. Exceptions. Hyacinthe, in the Province of Quebec, which, for (1885.) the purposes of this Act, shall be deemed to be towns. (wj) The expression "town" means any place "Town" incorporated as a town, or recognized as such, (isss.) by or under any Act of the Parliament of Canada or of the Legislature of the Province in which it is situate ; (n) The expression '* incorporated village " " incorpor- 1 • , J .,, ated villaj'e.'^ means any place mcorporated as a village or^i^gg^ '^ (m) The latter words of this clause : " 'farmer' means such oirner," conflict with the definition of "farmer's son." See notes ((/) to {It) p. 44, to the Act of 1885, and note to s. 3, 8ub-8. 7. •Altered by the Statute Revision Commissioners. 16 B. 2. ELECTORAL FRANCHISE. [11. S. C. " Piirisli. <1H85.) " Elector District. <1885.) Ill rocof^iiized as such by or under any Act of the Parliament of Canada or of the Legislature of the Province in which it is situate ; (o) The expression " parish " means any tr-xct of land which is generally reputed to fori? a parish, whether such tract has or has not been wholly or in part originally erected into a parish by the civil or ecclesiastical (n) authorities, and which, on the twentieth day of July, one thou- sand eight hundred and eighty-five, existed as a territorial division ; (o) (j)) * The expression "electoral district" means any place entitled to return a member to (n) The term " ecclesiastical " applies to Quebec ; and recognizes parishes constituted by tJie ecclesiastical and civil authorities there up to the date of the Act of 1' S**- ' By the R. S. Que., Arts. 3371 to 3382, on the petition ol .. majority of the inhabitants to the Roman Catholic BifiiiOj), or administrator of the diocese, he may according to eccle- siastical law, proceed to the canonical erection of any parish, or the division or union of parishes, etc.; and if within thirty days after notice, no opposition is made to the civil recognition of the canonical decree, or the oppo- sition is dismissed, such canonical decree is to be sent to the Lieutenant-Governor, who may issue a proclamation under the great seal confirming, establishing, and recogniz- ing the boundaries thereof. Further powers are given by Arts. 3386-3395. (o) These words of limitation exclude from recognition under this Act, all "parishes" which have been erected, united, divided, or altered since the passing of the Act of 1885. 'Altered by the Statute Revision Commissioners. Cap. 5.] 8LECTURAL FRANCHISE. 8.2, 17 the House of Commons of Canada, consisting of or comprising any city, town, county, township, parish, district or municipality, or portion thereof ; (q) The expression " actual value" or " value" " Actual means the then present market value of anyy*vaiue." real property, if sold upon the ordinary terms of Proviso, sale : Provided, that the assessment rolls, as (^®^^) finally revised for municipal purposes, shall be jmma facie evidence of the value of such pro- perty ; ( p) (r) The expressions " votin.sr " and *' to vote ".'[Voting."^ mean voting and to vote at the election of a qq^.^ . member to serve in the House of Commons of Canada ; (s) * The expression ** list of voters " means, " List of except when the first general list or an unrevised list is especially mentioned or referred to, the list of voters, to be revised and completed under the provisions of this Act in each year, for each polling district of an electoral district, when finally revised, and includes a list corrected on appeal ; {q) voters." (1885.) (p) This amendment was made in 1886. See notes (r) to {v) pp. 48-50, to the Act of 1885, and (n) p. 9, to the Act of 1886. (q) See notes {e) to (q) pp. 16-47, to the Act of 1885; and 8. 5 of the Act of 1889. 'Altered by the Statute Revision Commissioners. H.E.F. — 2 18 8S. 2, 8. ELECTORAL FRANCHISE. [R. S. C- " Election." (t) The expression " election " means an elec- (1H85.) ^Jqjj q£ g^ member to serve in the House of Com- mons of Canada ; "The Revis ing Officer." {1885.) (u) * The expression " the Revising Officer " means any Revising Officer appointed under this Act for the electoral district or portion of an electoral district referred to in the context, and competent to do the thing required. 48-49 V. c. 40, s. 2, part ; 49 V., c. 3, s. 1. QUALIFICATION OF VOTERS. Who shall he 3, Evei'}' person shall be entitled to be regis- voters if qua- tcred in any year upon the list of voters for the hfied as to— proper polling district of any electoral district or portion of an electoral district, and when so registered to vote, if such person (r) — 1. Is of the full age of twenty-one years, («> and is not by this Act or by any law of the Do- minion of Canada, disqualified or prevented from voting, {t) and — (r) This section is a consolidation and amendment of ss.^ 3 and 4 of the Act of 1885. See notes (a) p. 13 and (z) p. 54 to the Act of 1885, and (o) p. 10 to the Act of 1886. (») See notes (a) p. 54, to the Act of 1885. (t) See notes (6) to (d) pp. 54-59, to the Act of 1885 ; and {q) p. 10, to the Act of 1886. •Altered by the Statute Revision Commissioners. Age. (8. 2, 1886.) Cap. 5. ELECTOKAL FRANCHISE. s. 3. 19 I- e r o »- a 2. Is a British subject by birth or naturali- Allegiance, zation ; (n) and— ^i^^^-) 3. Is the owner of real property within any Ownership, city or part of a city in the electoral district, of (1886.) 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 elec- toral district, other than a city or town, of the actual value of at least one hundred and fifty dollars; (r) or — 4. Is the tenant of any real property within Tenancy, the electoral district, under a lease, at a monthly (1886.) 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 possession thereof as such tenant for at least one (h) See notes («) and (/) pp. 69-64, and (r) p. 82, to the Act of 1885. (r) Mere receipt of realty profits without a vested right to receive them will not confer the franchise : Ashmore v. Lees, 2 C. B. 31 ; s. p. Simey v. Mtmhall, L. R. 8 C. P. 269. Nor has a person who receives the emoluments of an office paid out of revenues derived from land, an interest in land which would qualify him to be registered : Hall v. Lewis, 10 W. R. 151. An estate of an uncertain tenure, not deter- minable at will, but which may enure for the life of the party, is a qualifying estate : Beeson v. Burton, 12 C. B. 647. See notes (*/) to (i) pp. 64-67, to the Act of 1885 ; and («) p. 11, to the Act of 1886. T 20 8. 3. ELECTORAL FRANCHISE. [R. S. C. / 8 to pay- ment of rent As to change of tenancy. As to pay- ment in money's worth. As to valua- tion of pro- perty on assessment roll. year before bis being placed upon tbe list of voters, or tbe date of tbe application for tbe placing of bis name on the list of voters, and bas really and bona fide paid one year's rent for sucb real property, at not less tban tbe rate aforesaid ; except when tbe rental is an annual one and for a larger sum tban twenty dollars, in which case it shall be sufficient that at least twenty dollars of the last year's rent which accrued next before the time afore- said shall have been paid : Provided always, that a change or changes of tenancy during the year shall not deprive such tenant of the right to be registered on a list of voters if such change or changes have been without any intermission of time between the tenancies, and if the several tenancies are such as would entitle the tenant to be registered on a list of voters bad 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 village, the rental hereinbefore mentioned 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 tbe amount of tbe tenant's rent is not stated, tbe fact that tbe real property in respect of which bis name is entered 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 Cap. 5.] ELECTOllAL FRANCHISE. 8. a. 21 dollars or more, or in any place other than a city or town at one hundred and fifty dollars or more, shall be prima facie evidence of his right to be registered on the list of voters, so far as such right depends on the amount of rental • {w) or — 5. Is the bona fide occwiiant of real property Occupancy, wilhin any city or part of a city in the electoral (1B86.) 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 other than a city or town, of the actual value of at least one hundred and Proviso, fifty dollars : Provided in every such case, that such person has been in possession of such real property as such occupant for one year next be- (w) A tenant under a lease will not cease to occupy as such by reason of his entering into a parol agreement whereby his landlord becomes a lodger in respect of a portion of the premises : White v. Pritvj, Samt's Reg. Gas. 116. Occupying tenant does not lose his qualification by reason of his landlord selling a portion of the premises so occupied : Smerdon v. Tucker, 8 W. R. 151. Different rents payable to different landlords, cannot be joined together so as to give a qualification : Gadxhy v. Barrow, 7 M. <& Gr. 21. A. claimant's interest as a tenant of a house, is not to be limited by the landlord's clerk residing on the premises for their general protection : Doicning v. Lnckett, 5 C. B. 40. See notes (j) to («) pp. 67-7*2, and (u) to (x) pp. 82-86, to the Act of 1885 ; and (u) to (a) pp. 11-23, to the Act of 1886. 22 8. 3. ELECTORAL FUANCHI8E. lK. S. C. fore his being placed upon the Ust of voters, or the date of the appHcation 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 ; (x) or — llesidenco 6. Is a 1 ^sident within the electoral district, ttiul income, and derives an income of at least three hundred (1880.) dollars annually from his earnings in money or money's worth, or partly in money and partly in money's worth, or from some profession, calling, oPace or trade, or from some investment in Canada, and has so derived such income and has been a resident of Canada for one year next be- fore his being placed upon the list of voters, or the date of the application for the placing of his nnme on the list of voters ; (//) or — As a farmer's 7. Is a farmer's son not otherwise qualified 80"- to vote in the electoral district in which his (188 '.) father's farm is situated ; and — If father is {a) If his father is living, is and has been livm«. resident within the electoral district continuously, except as hereinafter provided, with his father f( t f i < i ^ i 1 (x) See notes (t) to (.c) i)p. 73-76, and (y) and (2) pp. 85-8G, to the Act of 1885 ; and (b) to {e) pp. 13-14, to the Act of 1886. iy) See notes (y) to (c) ryi. 76-78, and (a) p. 86, to the Act of 1885; and (g) and ih) pp. 14-15, to the Act of ^886. Reference is also directed to notes pp. 96-101, to the Act of 1885. Cap. 6.] ELECTORAL FRANCHISE. 8. 3. 23 Is IS 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?, if the value of such farm is suiticient, if equally 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 bo so registered as voters ; and if there are more such sons than one resident as aforesaid, and claiming to be H value not . . I , . . ,, - J 'r i.1 sufficient to registered as voters ui respect thereof, and if the qualify uii 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 equally divided among tliem, then the right to be regis- tered as a voter and to vote in respect of such farm, shall belong only to the father and the eldest or so many of the elder of such sons, being so resident as aforesaid, as the value of such farm, if equally divided, will qualify ; {z) or — (z) The domicile of the father is the domicile of the son during his minority, while the son is under the direction and control of his father : Levy's Case, Bart. El. Cas. 47. The qualifications prescribed in this sub-section, by which a statutory right of voting at parliamentary elections is conferred upon " farmers' sons," apparently apply to, and only include the sons of "an owner and actual occupant of a farm." But the definition of ** farmers' son" in 2 (//) (p. 14 ante) also includes the sons of " a tenant and actual occupant of a farm under a lease for a term of not less than five years." The terms used in this sub- section : "co-owner," (see definition of "owner"); and 24 If father is (lead. (1886.) 8.3. ELECTORAL FRANCHISE. [R. K>. C. ih) If his father is dead, is and has been resi- dent within the electoral district continaously, except as hereinafter provided, with his father, or with his mother (after the death of his father), being the owner of the farm, in respect of which the right of voting is claimed by or for him, 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, if the value of the farm, in respect of which it is claimed that he should be registered as a voter, is sufficient, if equally divided among all the sons of such father as co-owners, to qualify them as voters under this Act — in which case such one or iTore sous as so desire may be so registered as If value not voters ; and if there are more such sons than sufficient to • -i . r • i i ^ • • ,. i qualify all 0^^ resident as aforesaid, and claimmg to be re- sons, gibtered as voters in respect thereof, and if the value of such farm is not sufficient to give each of such sons the right to vote in respect of such value, if equally divided among them, then the omitting "co-tenants," " value of such farm," (see definition of "value"), and omittiiig "rent of such farm," and " mother, being the owner of the farm in respect of which the right of voting is claimed," make it very difficult to con- strue the sub-section so as to give tenant-farmers' sons the statutory right of voting ; and this difficulty is not lessened by the definition given in s. 2 of "farm" and "farmer." See notes (b) to (/) pp. 86-87, to the Act of 1885 ; and \i) to {k) pp. 15-19, to the Act of 1886. Reference may be made to notes pp. 78-81, to the Act of 1885. Cap. 5.J ELBCTORAL FRANCHISE. 8. 3. 25 1- ) » right to be registered as a voter and to vote in respect of such farm shall belong only to the eldest, or so many of the elder of such sons, being so resident as aforesaid, as the value of such farm, if equally divided, will qualify ; (a) or — (8) Is the son of an owner of real property (b) As son of an in such electoral district, or portion of an elec- JJ^aira"*''^^ toral district, other than a farm, and is not other- farmer, wise qualified to vote in the electoral district in (i^^*') which such property is situated ; and — (a) If his father is living. is and has been if father is resident within the c' ctoral district continuously, 'V"r'; >" (188(».) except as heieinafter provided, with his father for one year next before his beinrj placed 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 the real property on which his father resides, and in respect of which his father is qualified to be registered as a voter as owner, is sufficient, if equally divided among the father and one or more sons as co-owners, to qualify (rt) See notes (g) and (/j) p. 88 and (k) to (h) pp. 80-81, to the Act of 1885 ; and (/) to {p) pp. 18-19 to the Act of 1886. The proviso in the Act of 1885, as to residence up to the time of the election had been incorporated in s. 7 of this Act, but has been repealed by 52 V. c. 3, s. 13. (b) The definition of " son of an owner of real property " contained in the Act of 1885, was repealed by the Act (s. 1) of 1886. See note (l) p. 45, ti the Act of 1885. ¥ tlG s. 3. ELECTORAL FRANCHISE. lR. S. C. sufficient to qualify all sons. them to be registered as voters under this Act, — in which case the father and such one or more If value not sons as SO desire, may be so registered as voters ; and if there are more such sons than one resi- dent as aforesaid, and claiming to be registered as voters in respect of such property, and if the value thereof is not sufficient to give the father and each of the sons the right to vote in respect of such value, if equally divided, then the right to be registered as a voter and to vote in respect of such real property, shall belong only to the father and the eldest or so many of the elder of such sons, being so resident as aforesaid, as the value of such real property, if equally divided, will qualify ; (c) or — If father is dead. (188(i.) (b) If his father is dead, is and has been resi- dent within the electoral district continuously, except as hereinafter provided, with his father, or with his mother (after the death of his father), being such owner, 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, if the value of 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, if living, be qualified to be registered as a voter as c 1 I ( (c) See notes (k) p. 89, to the Act of 1885; and (q) to (i") pp. 19-20, to the Act of 1886. Cap. 5.] ELECTORAL FRANCHISE. S.3. 27 owner, is suflScient, if equally divided amono all his sons as co-owners, to qualify them to he registered as voters under this Act, — in which case one or more sons as so desire may he so registered as voters; and if there are more such sons than one resident as aforesaid, and claiming to he registered as voters in respect of if value not such property, and if the value thereof is not ^"i^,^}^"*,}^ sufficient to give each of such sons the right to sons, vote in respect to such value, if equally divided, then the right to he registered as a voter and to vote in respect of such real property, shall belong only to the eldest, or so many of the elder of such sons, being so resident as aforesaid, as the value of such real property, if equally divided, will qualify ; {d) or — 9. Is a fisherman, resident in the electoral As tisherman district, and is the owner of real property and f "g,^o r"^"^' boats, nets, fishing gear and tackle, within any such electoral district, or portion of an electoral district, or of a share or shares in a registered ship, which together are of the actual value of at least one hundred and fifty dollars ; (e) or — (d) See notes (k) to (n) pp. 83-81, an J (/) p. Sd, to the Act of 1885; and (ic) p. 21 and (/) to (p) pp. 15-19, and (/>) to (e) pp. 23-24, to the Act of ISS'J. The proviso in the Act of 1885, as to residence up to the time of the election (s. 7 of this Act) has been repealed by the Act of 1889, s. 13. (e) See notes (o) to {q) pp. 90-91, to the Act of 18S5, and (x) to iy) pp. 21-22, to the Act of 1886. 28 8S. 3, 4. ELECTORAL FRANCHISE. [R. S. C, tant. (1886.) As an annul- (10) Is and has been 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, a resident within the electoral district, and in receipt of a life annuity secured on real estate in Canada, by virtue of a deed of donation or any other title equivalent thereto, of at least one hundred dollars in money or money's worth, or partly in money and partly in money's worth. (/) 49 V. c. 3, s. 2. In a city or 4. The qualifications required of voters in STo acumity ^^^spect of a city or town or portion of a city or or ridinj,' and town shall apply to voters in respect of a city or / .J lour- ^ town, or a portion of a city or town attached for (s. .■), 188().) ' »• '' electoral purposes to a county or riding of a . county in any electoral district ; and the quali- fications required of voters in respect of any place other than a city or town shall apply to voters in respect of any municipality or place not being a city or town, or a portion of a city or town, which is attached to or included for electoral purposes in a city or town, or portion of a city or town, (g) 49 V. c. 3, s. 3. ( /■) An annuity derived from land, but not charged upon it, is insufficient to qualify : RobiiinoH v. Ange, L. R. 4 C. P. 4'_>0, See note (z) p. 22, to the Act of 1886. (fl) Substituted for s. 5 of the Act of 1885. See notes (r) and {s) p. 91, to the Act of 1885 ; and (a) p. 23 to the Act of 1880. Cap. 5.] ELECTORAL FRANCHISE. SS. 5, 6. 29 e e e »1. * Whenever two or more persons are, either Joint tenancy as business partners, joint tenants, tenants inorothe™co- common, cr by any other kind of joint interest, tenancy, the owners, tenants or '-ccupants of any lot, or ^^- ^' ^^^^'^ portion of a lot, or other sub-division or parcel of real property in any electoral district, each of such persons whose share therein is sufficient in value, or in the case of tenants, in amount of rent, according to the provisions of this Act, to qualify such person as a voter in respect of real property, shall be entitled to be registered on the list of voters and to vote in respect of such share, as if it was held in such person's individual name, and not jointly with one or more, (h) 48- 49 V. c. 40, s. 6. O. * Persons quaified under this Act as voters Place of re- in respect of income shall only be entitled to be^Jj^^g^i^ ^^' registered as voters and to vote in the polling (s. 7, 1885.) (h) Members of a corporation who are entitled to share in the net profits derived from laud have individually no legal or equitable estate in the land, and therefore no right to be registered as voters : Acland v. Lewis, 9 C. B. N. S. 32. Two persons who are joint tenants of a building, pay a single rent and accept receipts in their joint names, but occupy separate portions of the building, work portions of the land separately and the remainder jointly, are entitled to be registered : Starr's Case, 18 Irish L. R. 289. Descrip- tion in rate-book of the members of a firm, by the name of the firm, without giving the name of each member, is a sufficient rating for the registration of them as voters : Little v. Penrith, L. R. 8 C. P. 259. See notes (t) to (c) pp. 91-96, to the Act nf 1885. 'Altered by the Statute Revision Commissioners. M ao SS. 7, 8. ELECTORAL FRANCHISE. [R. S. C. district in which they reside at the time of regis- tration ; and persons quaUfied otherwise than in respect of income shall only be entitled to be registered as voters and to vote in the polling district in which the real property in respect of Property ex- -v^'hich they are qualified is situate ; but if such tending into . . ,. . . , , more than property IS partly withm one pollmg district and d"^t ^°i^'"^ partly within another, although all within one electoral district, the persons qualified in respect thereof shall be entitled respectively to be regis- tered and to vote in that one of such polling dis- tricts in which they desire to be registered as voters, (i) 48-49 V. c. 40, s. 7. 7. [Repealed by 5i2 V. c. 9, s, 13. {k)] Unregistered ^, * Except the persons duly qualified and tied persons registered as voters under this Act, and except (j) See notes (d) to (/) pp. 96-101 and pp. 76-78, and 86, to the Act of 1885 ; and (/) to (/*) pp. 14-15, to the Act of 1886. {k) The repealed section prescribed rules as to the resi- dence of "farmers' sons" and "owners' sons," with their fathers, and as to their " occasional absence " from home, as a mariners, fishermen, or students ; and will be found on pp. 101-102 of the Act of 1885. These provisions are substan- tially covered by the oaths to be taken by such voters at the polls under the Dominion Electionx Act, R. S. C. c. 8. Where students had made oath that they had left their last place of residence, animo non revertendi, and had adopted their college residence and paid taxes there, though not ciertain of the duration of such residence : Held, qualified to vote in the college district : Farlee v. Eunk, Bart. El. Cas. 91. *Altered by the Statute Revision Commissioners. \ Cap. 5.] ELECTORAL FRANCHISE. SS. 8, 9. 31 i as otherwise provided in the Dominion Elections not to vote. Act, no person shall be entitled to vote at any (^- ^^' ^^*^'^) election for a member of the House of Commons of Canada, (l) 48-49 V. c. 40, s. 10, part. O. * No Indian in either of the Provinces ofj^^rtain Manitoba or British Columbia, or in the District qualified, of Keewatin or the North-west Territories of (3- ll. 1885.) Canada, shall be entitled to be registered on any list of voters or to vote, and no Indian on any reserve elsewhere in Canada who is not in pos- session and occupation of (m) 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 otherwise possessed of the quali- fications entitling him to be registered on the list of voters under this Act, shall be entitled to be (/) The word '* registration," when applied to voters, is any list or register, or schedule containing names, the being on which lists, registers, or schedules, constitutes a pre-re- quisite to voting : Re Supervisors, 1 Fed. R. 1. See notes (s) to (n) pp. 105-106, to the Act of 1885. (m) The words " and does not hold a location ticket " are inserted here by 52 V. c. 9, s. 1. The votes of persons on an Indian Reserve cannot be allowed : Daily v. Easterbrook, Bart. El. Cas. 303. See notes on pp. 89, 42, 110, of Act of 1885. •Altered by the Statute Revision Commissioners. 32 B.IO. ELECTORAL FRANCHISE. [B. S. G. Special pro- visions as to B. C. and P. E.I. (S. 9, 18K;j.) Age. registered on any list of voters or to vote. (») 48-49 V. c. 40, 8. 11, part. Applicable to Provinces of British Columbia and Prince Edward Island. iO» *In the Provinces of British Columbia and Prince Edward Island, besides the persons entitled to be registered as voter i and to vote under the foregoing provision?, of this Act, every person who, on the twentieth day of July, one thousand eight hundred and eighty-five (o) — {a) Was of the age of twenty-one years, and was not by this Act or by any law of the Do- minion of Canada disqualified or prevented from voting; and — li li (n) This section has been altered to a negative form by the Revisers ; and has been amended under 52 Vic. c. 9, s. 1, as stated in note (m), and by the addition of a sub-section pro- viding for the disqualification of persons found guilty of corrupt practices. See notes (c) to (/) pp. 109-111, to the Act of 1885. The other portions of the original section (11) of the Act of 1885, have been transferred to the Election Act, R. S. C. c. 8, s. 42. (o) This limitation as to date, and change in phraseology made by the Revisers, excludes from the Dominion franchise persons who since the 20th July, 1885, have become entitled to vote at local elections under the provincial laws in force I in British Columbia and Prince Edward Island respectively. ^Altered by the Statute Revision Commissioners. Cap. 5. J ELECTOIUL FRANCHISE. S.U. 88 (/>) Was a British subject by birth or naturaU- British sub- zation and resident in the Province, and was^^''* entitled to vote in tiie said Provinces respectively by the laws then severally in force in the same, — Shall have a right to be registered as a voter Registration and to vote, so long as he continues to be quali- fied to vote under the provisions of the said last mentioned laws, and no longer. ( j)) 48-49 V. c. 40, s. 9. REVISING OFFICERS AND OTHER OFFICERS. 11. * The Governor in Council may, from Appointment time to time, appoint a proper person to be called officers.^"^^' **the Revising Officer," for each or anv of the Tenure of . " office. electoral districts, who shall hold office during /g 13 i8^^5) good behaviour, but who shall be removable on address by the House of Commons, and whose duties shall be to revise and complete, in the Tiieir duties. manner hereinafter provided, the lists of persons entitled to be registered as voters under the pro- visions of this Act in such electoral district or portion of an electoral district for which he is appointed as hereinafter provided : ip) See notes (I) to (r) pp. 102-105, to the Act of 1885, and also the franchise qualifications in British Columbia, p. 198, and in Prince Edward Island, p. 201, of the Act of 1885. 'Altered by the Statute Revision Commissioners. H.E.F. — o si 84 s. 11. ELECTORAL FRANCHISE. IX. s. c. To take outh of ortice. (B. 13, iss.-, ) ('use of death or resij^iia- tion, etc. [H. l:{, issr,.) 2. * Every such officer shall, before entermg upon his duties, take an oath of office before a judge of a court of record of the Province in which he is to act, in the form A, in the schedule to this Act,— which oath he shall forthwith there- after cause to be liled with the Clerk of the Crown in Chancery at Ottawa : 3. In the event of the death, resignation, re- moval, inability or refusal to act of any such Revising Officer, another may, in like manner, be appointed in his stead, who shall hold office under the same tenure, and with the same duties and powers. 4. The same Revishig Officer may be appointed for and be required to discharge the said duties in respect of more than one electoral district and may be appointed for a portion of any electoral district : Deputy K. o. 5. *Any Revising Officer may, in case of illness nointed'^^' or necossary absence, after leave granted therefor (s. 17, issij.) by the Governor in Council, appoint a deputy revising officer to act for him during such illness or absence ; and such appointment shall be sub- ject to the approval of the Governor in Council : C. The deputy revising officer shall be possessed of all the qualifications, and during such illness or absence shall have all the powers of a Revising Juns(licti<}n of U. (). (s. 11, 188^).) Powers of deputy. (s. 17, 1880.) r^i •Altered bv the Statute lievision Commissioners. Cap. 5. J ELECTORAL FRANCHISE. SS. 12, 13. 35 Officer, and if be is not a judge of any court his decision shall be subject to appeal as bereby pro- vided, iq) 48-4J) V. c. 40, s. 18 and s. 14, part ; 49 V. c. 3, 8. 18. 12. In every Province, except in tbe Provinces Who may be of Quebec and British Columbia, any person to S'"*'''* '''' be appointed a Revising Otlicer under this Act(H. 14, iHsn.) shall be either a judge or a junior judge of a county or district court in the Province, or a barrister of at least live years' standing at the bar of such Province; and in the Province of Quebec he shall be either a judge of the Superior Court for Lower Canada, or an advocate or notary of that Province of at least five years' standing ; and in the Province of British Columbia he shall be either a judge of a superior court or of a county or district court, or a ))arrister of at least five years' standing, or a stipendiary magistrate, (r) 48-411 V. c. 40, s. 14, part. 13. \U('l)C(lh:d hji i>i V'\(\ r. .9, s. 2 (■■?).] {([) The ne<,'lect of an election officer to take the prescribed oath, or to take it in a furnuil manner, or the action of unauthorized persons (without fraudulent intent) do not avoid an election or impair tlie title to the office of the can- didate for whom the majority of votes was cast : People v. Cook, 50 Am. Dec. 451. See notes (//) and (//) p. 112, («) p. 1G8, to the Act of 1885 ; and (g) to (/) p. 37, to the Act of 188G. {/•) See note (/) p. 113, to the Act of 1885. («) The repealed section gave the Eevising Officer power to appoint a clerk. By s. 28, the revising officer's clerk liiiiliff and cDnntabk' (h. r>-,, iHHo. SS. 14, 15. ELECTORAL FRANCHISE. rii. s. c. 14. * The Revising Oflicer may also appoint, for the purpose of serving? papers, postinj,' up notices and attendinj^ and keeping order at courts and sittnigs held by the llevising Officer, and doing su^h other duties as are assigned to him by the lievising Officer, a competent i^erson as a bailiff and constable, who shall be subject to the orders of the Revising Ofticer, and shall be re- movable by him at pleasure. (/) 48-49 V. c. 40, s. 55. REVISION OF LISTS. 15. [Repealed and the following section sub- stituted hxj o2 y. c, 9, 8. 3 {ti) : may adjourn the Court when the Revising Officer is unable to attend. See note (d) as to the irregular adjournment of a Revision Court, p. 158, to the Act of 1885. (/) See note (h) p. 109, to the Act of 1885. No provision has been made for the payment of these officers while attending the Revision Court ; and no tariff of fees for their services in posting up or serving notices has been authorized or promulgated ; and without such tariff their fees for services under the Act must be a matter of agreement with the parties employing them. But by s. 27, post, their fees when part of the " expenses of summoning witnesses," may, when they have been employed in such service, be recovered as costs. (u) In consolidating this statute, the Revisers have omitted several sections of the Act of 1885 (ss. 15-21), which pro- vided for the first revision of the voter's lists, and under •Altered by the Statute Revision Commissioners. Cap. 5.; ELECTOUAL rHANCIIISE. 8. ID. " ITi. On or us soon as possil)!*- iifter the (irst diiy of Juno int'iich year, the Ili'visinLf OlVu-cr slmll chusl' the list of votoi'H to !)(' compared with tlii' last asst'ssmciit rolls, and with all the information that hu can ohtain from that sourco, and from provincial, nnniicipal, and other oflicial lists, records, and proceeding's, and by means of solenni declarations made as hereinafter provided according' to the statute relating,' to extra- judicial oaths, shall proceed to revise each list of voters then in force under this Act for the electoral district or portion of an electoral district for which he is appointed, and shall prepare two separate lists in like form as the ori<,'inal list, one entitled ' Names to be added and corrections to be made,' and the other ' Names to be removed ' : which the tlien existin<5 electoral districts were divided into polHng districts. The omission of these sections, or the omission to lej^islate upon the matter, and the Hmited power fjiven to the Revising Oflicers to alter existing pollinj^ sub-divisions prescribed by s. 23 auti', may affect the right to vote of persons resident in the unorj^anized territories or township!4 which have not heretofore formed part of " any timet of land in which such poUinj^ dis- trict is situate." There is no provision in the Dominion Elections Act, as in the Ontario Kle.ctinn» Act (R. S. O. 1H87, ss. 7 (seventhly!, and li-ll), allowiuf^ qualified persons in unorjianized towuships, where there are no assessment rolls or voters' lists, to vote at Parliamentary elections. By s. 8 of this Act such pei'sons will not be permitted to vote at Dominions elections unless " rcfiintered as voters under this Act." Where such persons reside within an existing pollin<4 district, and there is no assessment roll from which the Revising Officer can ascertain their names, application to have their names entered ou the voters' lists must be made by or for them by statutory declarations under sub-s. 2 of 8. 2 of 52 Vic. c. 9, post. See notes pp. 113-182, to the Act of 1885, and pp. 30-33, to the Act of 1880. H7 38 s. 15. ELECTOUAL FRANCHISE. E. S. C. " 2. The solemn •.I'K'lamtion in this section re- ferred to may be n: ide by any person claiming the right to be registered in the electoral district, cr claiming that some other person therein named shonld be registered as a voter, and shall be to the effect that to his personal knowledge, or according to his infonnation and belief (the grounds of which shall be stated), the person or persons in respect of whom such declaration is made, is or are entitled to registration : the qualification of the person claimed to be entitled to l)e added to the list shall be stated in the declara- tion, and such declaration, unless made by a person claimhig that he, the declarant, is entitled to be addevould i'"i)"lation, , ,.„. (Hs- 21 and 11, be promoted by a new and dinerenfc sub-division, iss.-).) he shall, before proceeding to the final revision ^^' ^^' ^^^^*-) of the lists of voters in polling districts, then next required under this Act, by an order under his hand, in the form G, in the schedule to this (h) See notes (o) p. 46, (d) p. 140, and p. 153 of the Act of 1885. * Alt ered by the Statute Revision Commissioners. ■ c I p. 48 8. 23. ELECTORAL FRANCHISE. [R. S. C. w I t ' Act, divide every city, town, ward, parish, town- ship or other municipal or corresponding division, or if there is no such municipal or corresponding division, any tract of hind in which such polling district is situate, having, according to the lists of voters relating to it, more than three hundred voters therein, hy well defined boundaries, such as streets, highways, side lines, concession lines or the like, into new polling districts, in such a manner as that the number of voters in the several polling districts in such electoral district, shall be as nearly equal as may be, and shall not in any one case exceed two hundred, and so again from time to time as like occasion requires, using for that purpose on all occasions the then last revised and corrected lists of voters in force under this Act ; [c) Publication 2. * The Revising Officer, after making such (3.41,1885.) division shall forthwith publish such order by (c) This section is a consolidation of ss. 21, 22, 23 and 41 of the Act of 1885, and provides for the alteration of any existing polling district ; but it is not clear that the Revising Officer can establish new polling districts in the unorganized territories or townships not hei'etofore included in any exist- ing polling district ; i.e., in which no " such polling district is situate." Such power was apparently covered by s. 21 of the Act of 1885, but that section has been omitted from this Act by the Statute Revision Commissioners. See notes (w) to (b) pp. 132-133, (s) to (w) p. 154, to the Act of 1885 ; and (s) p. 32, to the Act of 1886. 'Altered by the Statute Revision Commissioners. Cap. 6.] ELECTORAL FRANCHISE. 8.23. 49 posting up in some public place in each polling district a copy thereof, certified by him ; and the Revising Officer in his then next revision of such lists shall make such revision upon the basis of such new division into polling districts ; 3. Polling districts in the Province of Prince P. E. i. Edward Island may comprise parts of several (®- ^^' ^^^^-^ townships ; 4. Each of such polling districts shall be Designation numbered, with a local designation attached to ^igfj!!,,^^^ such number, in and by the said order of the (s. 22, 1885.) Revising Officer by which they are established, and such order shall forthwith, after the making thereof, be filed and thereafter kept by the Re- vising Officer for purposes of this Act; (5) * Immediately after such new division into Separate list polling districts, the Revising Officer shall pre- j^g '^^gtrict_ pare from the lists of voters as preliminarily (s. 23, 1885.) revised by him, a separate list of voters for each such polling district, containing in alphabetical order the names of all voters qualified to be registered as voters and to vote in such polling district, and in the form B, in the schedule to this Act, and he shall sign the same as such officer, (d) 48-49 V. c. 40, s. 41 ; 49 V. c. 8, 8. 11. (rf) This section is taken from one of the classes of sections omitted by the Eevisers as mentioned in note («) p. 36, ante. In the original Act the section was applicable to the first revision of the voters' lists. * Altered by the Statute Bevisiou Commissioners. H.E.F. — 4 60 88.24,25. ELECTORAL FRANCHISE. R. S. C. GENERAL POWERH AND DUTIES OF REVISING OFFICERS. Powei-H of 24, * The Rovising Officer shall, for the pur- omcer foi poses of the preliminary and final revisions of nmkin>4 ro ^ny lists of votors in polling districts, have all ^s«!2lsanci:{(5. ^^^® powers of any court of record in the Pro- 1H.M5.) vince as to compelling the attendance of wit- nesses and their examination, the production of hooks and documents, and the taking of evidence under oath before him for any such preliminary or final revision, and such Officer shall have generally, for the purposes aforesaid, all the powers of any court of record in such Province, (e) 48-48 V. c. 40, s. 36, part. t' Power of Revising Officer to summon wit- nesses and obtain neces- sary infor- mation. (s. 42, 1885.) 25. * The Revising Officer shall, on the appli- cation of any person who is supporting or opposing any objection, complaint or application which is to he considered at any of the courts or sittings for the final revision of any list of voters revised under tais Act, issue a summons in the form H, in the schedule to this Act, directed to 11 ;■ (e) " This provision does not constitute the Revising Officer a Court of Record. It gives him the powers of a Court of Record. He is simply an officer with a special and limited jurisdiction, and as a general rule a mandamus would be granted to such an officer :" Per Proudtoot, J., in Simmons and Dalton, 12 Ont. R. 516. See notes (lo) and (x) pp. 142-143, (I) and (m) pp. 149-151, to the Act of 1885. ♦Altered by the Statute Revision Commissioners. Cap. 5. KLECTOHAIi FUANCHISH. s. 25. r,i any person required l>y sucli applicant as a wit- ness thereat, commanding such person to attend at such court or sittings, and also connnanding such person, if such appl'.C'ant so desii\ s, to pro- duce any books or papers in the possession or power of such person, and to give evidence at such court or sittings relating to any matter connected with any such revision ; and in the event of such person not so attending, after being served with such summons and paid or tendered, with such summons, his proper wit- ness' fees, as hereinafter provided, the Revising Officer may punish such person as for a con- tempt of a court of record ; 2. * No such person shall be obliged to attend Feeg to be under any such summons unless he has been {JfjJ^g°gjj paid or tendered, with such summons, his pro- (s. -42, 1885.) per witness' fees therefor, at the rates following, that is to say : if the witness is resident in the Province of Quebec, such fees shall be the same as are paj^able accr .d'ng to the tariii in force in the Superior Court of Lower Canada ; if such witness is resident in the Province of Ontario, such fees shall be the same as are payable ac- cording to the tariff in force in any division court in the Province of Ontario; and if such witness is resident in any other Province of Canada, such witness' fees shall be the same as •Altered by the Statute Revision Commissioners. 52 s. 25. ELECTORAL FRANCHISE. R. S. C. i. ;t ht are payable in the county or division courts in such Provinces respectively ; Parties if '^' * Provided that every person, in respect summoned to Qf ^jjg placing of whose name on the list of obey the i • . i i i • * summons, votcrs an application has been made, or notice of (3. 12, 1880.) any objection or complaint has been given, and every person who gives notice of any such objec- tion or complaint, shall, if he is resident within the polling 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 the said form H, obev the same without being tendered or paid any allow- ance for his expenses ; Penalty in default. (s. 12, 1886.) 4. If any person summoned as in tho next preceding sub-section provided, does not so at- tend in obedience to such summons, the Ee^'ising Officer mav, in the absence of satisfactorv evidence as to the reason of such non-attend- ance, or, if such person ia 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 oflf the list of voters, or refuse to place his name thereon, as the case requires, or the Revising Officer may impose a fine not exceeding five Altered by the Statute Revision Commissioners. Cap. 5.] ELECTORAL FRANCHISE. S. 26. 53 (lollara on such person, or he may do both. (/) 48-49 V. c. 40, s. 42 ; 49 V. c. 3, s. 12. 26. * The('/)Revisinf; Ortieer shall have power Power of .... Ill 1 i.1 • * 1 1 amendment at any court or sittmg held under this Act hy ^^ j^^^jo^rn- him. to amend or to other persons, in respect of any question aris- ing in respect of any such list> and to adjourn any court or sittings, on the hearing of any objection, complaint or application, to a future day ; and he shall not be bound by strict rules of evidence or forms of procedure, in force in any court of record, but shall hear and determine all matters coming before him as such (r/) Revising (/■) See notes (t) to {:) pp. 155-156, to the Act of 1885, and (t) to {!)) pp. 33-36. to the Act of 1886. A further provision has been made by the Act of 1889 (s. 7) for furnishinj; copies of summonses. (/;) The original section in the Act of 1885 gave the Judge (in appeal) the same power of amendment as is here given to the Revising Officer ; but the words *' judge or " in the first and eleventh lines of the original section have been struck out by the Revisers ; and s. 37, which defines the powers the Judge is to exercise when hearing the appeal, does not vest in him any power of amendment. When the qualification was described as '* freehold rent-charge issu- ing out of freehold houses," and the evidence proved an ownership in fee subject to a long lease : Held, a fatal variance, and that the claim was not amendable : •Altered by the Statute Revision Commissioners. 5-1 s. 27. ELECTORAL FRANCHISE. rR. s. c. '!l Officer in a summary manner, and so as in his judgment to do justice to all parties con- cerned. (/<) 48-49 V. c. 40, s. 43. How parties 27. * The parties to any application before and electors ^ (i) Revising Officer may appear by solicitor, may appear. ^ ^ i. l j ' (s. 44. 1885.) counsel or agent ; and any elector may appear, in person or by agent, at any court or sitting of NichoUs V. Biihver, L. R. 6 C. P. 281. The power of amend- ment by tbe revising; barristers in Kngland is more limited than that conferred upon Revising Officers in Canada, and notices of objection have been held non-amendable there on what appears to be the application of the strictest technical rules to the forms of notices served. Reference may be had to the fol]o>ving cases on these points : — Melau()h V. Chambera, 20 Irisli L. R. 28(5 ; ?iridijes v. Miller, 20 Q. B. D. 287 ; Humphreij v. Earle, Ibid., 294 ; IVonil v. Chandler, Ibid., 297; but see Hartley v. Halse, 22 Q. B. D. 200; Clarke v. Tarhlt, 18 Irish L. R. 207; Lavery v. /uh7.s- berry, 20 Irish L. R. 887. See notes (a) to (q) pp. 156-lCO, to the Act of 1885. (/<) The duties of judges of election lists is to do what- ever they are required under the laws to enable a citizen to qualify himself for voting ; and to afford to all desirous of complying with the law the opportunity to become so qualified : McKay v. Campbell, 1 Sawyer, 374. The suffi- ciency of the evidence to prove a voters interest in a qualifying property is a question for the revising barrister : Burton v. Brooks, 11 C. B. 41 ; and the Court will not review his decision as to the facts: Collier v. Kiny, 11 C. B. N. S. 14. (0 The words " judge or" have also been struck out of the original section by the Revisers ; but s. 36 post, covers the omission. •Altered by the Statute Revision Commissioners. Cap. 5.J ELECTORAL FRANCHISE. s. 28. 55 the Revising Officer in the electoral district in which he is such elector, in support of or in opposition to any objection, complaint or applica- tion ; and the Revising Officer may award costs Costs. to or against any party to the application, — which costs shall only be for witness' fees and the expenses of summoning witnesses ; and the said costs may be levied by order of the Revising Officer, by distress, in the same manner as dis- tress is leviable upon a warrant on a conviction under the Act respecting Summary Proceedings before Justices of the Peace, (k) 48-49 Y. c. 40, s. 44. 2H. ^Yhenever from illness or from other if Revising casualty a Revising Officer is unable to hold any ^^^""^^ ^ct!"' sitting at the time appointed therefor, the clerk {1} (s. lo, 188G.) may adjourn the sitting to any hour on the following day to be named by him, 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, {m) 48 Y. c. 3, s. 16. (A) It is not necessary that a person appearing at the Revision Court on behalf of a voter should have been per- sonally instructed by him : Ford v. Sicedon, 2 Times L. R. 13. See notes (h] to (j) pp. lGO-161, and (.r) p. 166, and {z) p. 167, to the Act of 1885 ; and (t) and {in) p. 29, to the Act of 1886. (l) The Revising Officer's power to appoint a clerk is re- pealed by 8. 2 01 the Act of 1889. See note (s) to s. 13 ante. (m) See notes (d) p. 158 and (k) p. 136, to ihe Act of 1885 ; and (/) p. 37, to the Act of 1886. 56 88. 29, 30. ELECTORAL FRANCHISE. [R S. C. If.; I: I Revising Officer to keep list of objections, etc. (a. 56, 1885.) 2». * The Revising Officer shall keep at his office in the electoral district a ^''s»t of the notices of objections, proposed additions, amendments or corrections, and notices of appeal hereinafter provided for, sent in to him, respecting the said list of voters, under the provisions of this Act, which list, as well as the said notices, shall be open to inspection by any one desiring to inspect the same at any time before the said objections, proposed additions, amendments, corrections or appeals are disposed of by the Revising Officer or judge in appeal respectively, (h) 48-49 V. c. 40, s. 56. As to lists 30. If, at any time when the Revising Officer while an ^^ required to furnish or certify any list of appeal is votcrs to any officer or person there is, with (s. 47, 1885.) respect to such list, any appeal pending and undecided, or if there is any appeal with respe t to such list in which the decision, if given, has not been notified to the Revising Officer, the Revising Officer shall furnish such list as then last revised, corrected and certified by him, noting thereon the names of all persons who have been retained on the list of voters, notwith- -■1 pii 13 H (n) Many of the Revising Officers have not an "office in the electoral district" for the custody of these documents. See notes (c) p. 169, to the Act of 1886, and (k) p. 27, to the Act of 1886 ; and sub-s. 3 to s. 19, p. 42 ante. 'Altered by the Statute Revision GommlBsioners. I Cap. 5. J ELECTORAL FRANCHISE. S. 30. 57 standing objection, the names of all persons who have been struck off the list of voters, and the names of all persons who have applied to be placed on the list of voters, and whose applica- tions have been refused, and noting also thereon the names of all persons who have appealed from his decision ; and such list shall serve and avail, according to the provisions of this Act, for the election with reference to which it is fur- Correction nished ; but whenever any appeal is decided, so jg^aecided as to require the correction of the list, and the and notice formal order or judgment has been served upon him, he shall forthwith correct the list accor- dingly, and shall forthwith notify the Clerk of the Crown in Chancery of such formal order or judg- ment that he may correct the duplicate list in his hands accordingly, and the Clerk of the Crown in Chancery shall forthwith correct the same accordingly : Provided, that if the decision Provision if in appeal, requiring the correction of any list of '^^^Jg °i^ J^ voters, is notified to the Revising Officer by fore day of service of the formal order or judgment or other- ^° "^^* wise, before the day of polling, a duly certified copy of the corrected list of voters, together with a copy of the formal order or judgment on appeal, as received by him, duly certified by such Revising Officer, shall be furnished before the said day by the Revising Officer to the returning officer, or to the deputy-returning officer for the polling district, the list of voters for which has 1 I I 58 SS. 31, 32. ELECTORAL FRANCHISE. [R. S. C til I; I' pl; pi' been corrected upon the said appeal, which copy shall contain the correction in question, certi- fied as hereinbefore provided, in which case the election shall take place upon such corrected list if received in time by such deputy-returning officer, (o) 48-49 V. c. 40, s. 47. 31* * The Revising Officer shall furnish to the returning officer for his electoral district or Certified copies to returning officers. portion of an electoral district, within forty- (s. 40, 1885.) eight hours after demand of the returning officer therefor, one copy of the list of voters then in force for each polling district in the electoral district or jDortion of an electoral district, with a copy of the description of each such polling district, as contained in the order of the Revis- ing Officer const'tuting the same, and then in force, each of which copies shall be duly certified by the Revising Officer, (p) 48-49 V. c. 40, s. 40, part. 3S* [Repealed and the following section sub- stituted by 52 V. c. 9, s. S : " 82. The Revising Officer shall, at the request of any person applying for the same, furnish a certified copy of any summons issued by him under the pro- visions of this section on payment to him of a fee of five cents for each such copy." (o) See note (A) p. 162, to the Act of 1885. (p) See notes (e) p. 146 and (q) p. 153, to the Act of 1885. •Altered by the Statute Revision Commissioners. Cap. 5.] ELECTORAL FRANCHISE. S. 33. 59 " The Revising Officer, the Clerk of tlie Crown in Chancery and the Queen's Printer shall supply certi- fied copies of the said lists to any person or persons applying for the same and paying therefor at the rate payable for copies of lists furnished under section seventeen of this Act ; and every Revising Officer and the Clerk of the Crown in Chancery shall account to the Queen's Printer as respects all sales of Usts made by them under this section : " 2. Every copy of a list of voters supplied by the Revising Officer, the Clerk of the Crown in Chancery or the Queen's Printer, and certified by any one of such officers as correct, in the form E, in the schedule to this Act, shall be deemed to be an authentic copy of such list."] PROVISIONS RESPECTING APPEALS. 3S. * III any case in which the Revising Appeal from Officer is not also a judge of a court, as lierein- 'j^^g^Jf^^^^^^^^ before mentioned, any person who, under the Officer, foregoing provisions of this Act, has made any^^"*^- ^^^^'^ objection, complaint or application in respect of the list of voters for any polling district, or any person with reference to whom such objection, complaint or application has been made, who is dissatisfied with the decision of such Revising Officer in respect thereof, may give to the said Revising Officer or to his clerk, on the day of such decision, or within seven days thereafter, notice in writing of his intention to appeal from Notice such decision, stating shortly in such notice tbe^^'^^'^^^- •Altered by the Statute Revision Commissioners. 60 8. 33. ELECTORAL FRANCHISE. [R. S. C. decision complained of, and at least one reason for appealin<]f against it ; and such person shall, within the same time, cause a coi)y of such notice to be served upon the party, if any, in whose favor such decision was given, either per- sonally or by leaving it at his residence or place of busineso, or by mailing the same in a regis- tered letter addressed to his last known post Transmis- office address ; and such Revising Officer shall sion of notice forthwith after receiving the same transmit such and copy of . . '^ decision to notice, together with a copy of his decision ap- ^" ^^' pealed from to the court or judge, to whom such appeal is to be made, as hereinafter provided, and he shall sign such decision as such Revising Appellant to Officer, (q) and he shall also, if so required, decisi*^r?^ °^ forthwith thereafter deliver to such appellant or to his solicitor, counsel or agent, and to the respondent, if any, or to his solicitor, counsel or agent, a certified copy of his said decision. 48-49 V. c. 40, s. 49. (q) If the statement of the case be unsigned by the Revising Barrister, owing to his death before its transmis- sion, and there was no satisfactory proof that he had finally appi'oved of it, the Court will not hear the appeal : Nettle- ton V. Burnett, 7 M. & Gr. 35. A statement signed by the Revising Barrister after the statutory time cannot be received : Agnew v. Fowler, 1 Irish C. L. 462. The Court referred to the difficulty and incrivenience of Revising Barristers making affidavits in motions for rules to show cause in registration cases : Re Bane, W. Notes (1870) 200. See notes (m) to (r) pp. 163-164, to the Act of 1885. c. Ill Cap. 5.] ELECTORAL FKANCHISE. 8. 34. 61 3i. Such appeal shall be — Courts for appeal. (a) * In the Provinces of Ontario, Nova Scotia, <^' ^^' ^^^^'^ New Brunswick, Manitoba and Prince Edward jj^ b^, Man., Island, to the judge of the county court of the*"^^-^- 1- county or union of counties in which the polling district, in respect of which such appeal arises, is situate ; {b) In the Province of Quebec, to the judge of in Quebec, the Superior Court, resident in or having judicial charge of the judicial district in which the polling district in respect of which the appeal arises is situate ; (c) * In the Province of British Columbia, to in B.C. the judge of the county court of the county or union of counties in which the polling district, in respect of which such appeal arises, is situate ; but in any electoral district in the said Province which is not included within the jurisdiction of any judge of a county court, to the Supreme Court of British Columbia, — which court shall assign the duty of trying any such appeal to some judge of the said court, (r) 48-49 V. c. 40, s. 53. ' (?') The judges as citizens are bound to perform all the duties imposed on them by either the Dominion or Pro- vincial Legislatures. If these duties are either incom- patible or too onerous to be properly performed, provided neither Legislature has exceeded the limits of its legislative "Altered by the Statute Bevisiou Commissioners. m i 62 .Iiul^'e to ap- point tinio and place for hearing,' appeal. (8. oO, IMS").) s. 35. ELECTORAL FRANCHISE. I R. S. C. Notice to parties. If appellant does not appear, etc. If appeal is unopposed. :S5. * The judge shall, upon receiving the said notice of such appeal and the said copy oi the decision appealed from, appoint a convenient time and place for the hearing of the appeal, which place shall he within the municipalit}', parish or other locnl territorial division within which the polling district in respect of which the appeal arises is situate, of which time and place due noiice shall he given to the Revising OfBcer and to the parties interested, in such manner as the court or judge appealed to orders ; 2. * If at the time and place so appointed, the appellant does not appear in person or hy soli- citor, counsel or agent, or if he so appears and abandons his appeal, the appeal shall be dis- missed ; 3. * If the appellant appears, and neither the Revising Officer nor any other party to the appeal appears, or if the Kevising Officer or any other party thereto appears and does not oppose the appeal, the judge, on sufficient proof or admission of service of the notice in man- ner above mentioned, shall allow the appeal, except in the case of an appeal by a person whose name is struck off the list of voters or power, it would become the duty of the Provincial or Dominion Governments to suggest a remedy : Per Dorion, C.J., in Bnmeau v. Masstie, 23 L. C. Jur. 60. •Altered by the Statute Revision Commissioners. ^ Cap. 5.] ELECTORAL FRANCHISE. S. 35. m whose name the Revising Officer has refused to place thereon, — in which case the judge who hears the appeal shall require satisfactory evi- dence of the right of the appellant to have his name placed on the list of voters heforc he allows the appeal ; 4. * If the Revising Officer or any other party Smnmary to ihe appeal appears and opposes the appeal, deefsionir or if the Revising Officer appears and opposes ti^i case is the appeal, and the othtr party thereto makes default in appearing, the judge, on heing satis- fied of the service of such notice in manner above mentioned, shall, either immediately, or at such time as he then appoints for the purpose, and at the same place, proceed to hear and decide the said appeal summarily, hearing the parties so appearing and receiving such legal evidence as is adduced before him respecting the facts in dis- pute, but without being bound by any technical rules of procedure ; 5. Such decision shall be subject to no fur- Decision ,•■ , final. ther appeal ; 6. *If any judgment is rendered on appeal Notice of 1 , , . , , 1 • ii I •/? 1 decision to requu'mg an alteration to be made in the certified Revising list, a copy of the formal order or judgment shall t)fficer. be forthwith served upon the Revising Officer in •Altered by the Statute Bevision Commissionerg. W.i 64 8.36-88. ELECTORAL FRANCHISE. [R. S. C. I'll: such manner as the judge orders. («) 48-49 V, c. 40, 8. 50, part. Any voter Jl«. * An}' voter may appear in person or by iiril'STor solicitor, counsel or agent at any sitting of the bya-Jtunt. judge who hears any such appeal in the electoral (8. i»o, 188.>.) (lif^trict in which he is such voter, in support of or in oi)position to any appeal or application in respect of any appeal arising before such judge, (t) 48-49 V. c. 40, s. 50, part. Powers of judfiie us to wituerfses, etc. ;J7. The judge shall, for the purposes of any such appeal, and in respect theieof, have all the powers conferred upon the lievising Officer under (s. 51, 1H85.) this Act, with regard to summoning witnesses, obtaining evidence, and punishing the persons summoned before him. {u) 48-49 V. c. 40, s. 51 Costs ; how levied. (8. 52, 1885.) 38. * The judge may award costs to or aga l any party to the appeal, — which costs shall only be for witness' fees and the expenses of sum- moning such witnesses ; and such costs may be levied by order of such judge, by distress, in the same manner as distress is leviable, under a conviction under the provisions of the Act (s) See notes (s) to (ic) pp. 165-166, to the Act of 1885. (t) See notes (x) p. 166, to the Act of 1885 ; and (/) and (m) p. 29, to the Act of 1886 ; and (A:) p. 55, ajite. (u) See notes to ss. 26 and 27, pp. 53-55, ante* •Altered by the Statute Revision Commissioners, ;;■ i Cap. 5.j ELECTORAL FRANCHISE. 8S. 39, 40. 65 respecting? summary proceedings before Justices of the Peace, (r) 48-49 V. c. 40, s. 52. GENERAL PROVISIONS. 3», * If, from any cause, the list of voters for Provision in any polling district is not revised and certified fj^J'^op^fj^ at the time when it should, under this Act, be y^a'"' sent to the returning officer at any election, then ^^' ^^' ^^"'''^ the last list of voters, revised and certified for such polling district, shall be sent to the return- ing officer and used at such election. 48-49 V. c. 40, s. 45. OFFENCES AND PENALTIES. 40. * Every officer and person who is by any Copies of cer- law the custodian of any assessment roll or listu'^H^ ^'"*^*^ •^ be furmslieil of voters, prepared under the laws of any to Revising Province, or of any other list or document, or o(^^,^^^\ „ any duplicate or certified copy thereof, which, under the foregoing provisions of this Act, the Ke\ising Officer is required to obtain and use for the purpose of revising any list of voters under this Act, shall furnish the same, or a Cfc'tified copy or copies thereof to any Revising Otlicer who applies for the same and as by him required ; and every such officer or person who re- fuses or omits to furnish the same to such Revis- (v) See notes (r) p. 140, (i) and (j) p. 160, and {z) p. 167, to the Act of 1885. •Altered by the Statute Revision Commissioners. H.E.F. "~~0 66 3. 41. ELECTORAL FRANCHISE. [R. S. C. m Penalty for default. Penalty for malfeasance under this Aot. (9. 63. 1885.) As to other remedies. I ing Officer within a reasonable time, upon being paid or tendered the cost of prr paring the same, according to the fees or rates allowed therefor by the laws in force in the Province "o which such assessment roll, list or document relj.tes, is guilty of a misdemeanor and shall be punishable ac- cordingly, (u) 48-49 V. c. 40, s. 62. 41. * Every person who is appointed to any office or employment under this Act, or required by this Act to do any matter or thing, shall, for every wilful misfeasance or for any wilful set of commission or omission contrary to this Act, forfeit to any person aggrieved thereby the penal sum of five hundred dollars, or such less sum as the jury, or judge, if the case may, by the law of the Province, be tried without a jury, before whom any action brought for the recovery of such penalty is tried, considers just to be paid to such person aggrieved ; and the same shall be recoverable by such person with full costs of suit, by suit or action in any court of competent jurisdiction ; but nothing herein con- tained shall interfere with any other remedy, civil or criminal, against such person, {x) 18- 49 V. c. 40, s. 63. (ir) Although a state officer derives his authority from the state, he is bound in the discharj^e of that duty to obey federal laws : Fx parte Virginia, 100 U. S. ."339. See note (e) p. 172, to the Act of 1885. (.r) See note (/) p. 172, to the Act of 1885. •Altered by the Statute Revision Commissioners. Cap. 5.] ELECTOUAL FRANCHISE. S3. 42, 43. 67 I 43. Every person who is an agent within the Puniahment meaning of the Indian Act, and who, citV *^ certain <=' _ ' _ ' persons in- directly or indirectly, seeks to induce or compel iluencini,' 1 • ' T !• e ATT Indians to l>t! any person who is an Indian or of part Indian registered a.i blood, and oualilied to vote only in respect of ^'o*"'^' ^tc. property forming part of a reserve, as defined ^^' ^^' ^^^^'' by the Indian Act, to cause his name to be registered as a voter or to \ote or refrain from voting at any election, (?/) is guilty of a misde- meanor and liable to a fine not exceeding two hundred dollars, or to imprisonment for any term not exceeding six months, or to both, and he shall be disqualified frori holding any office or place of emolument in the appointtneut of the Governor General or of the Superintendent General of Indian Aftairs, for a term of two years from the date jf his conviction. (^) 48-49 V. c. 40. s. 64. APPLICATION OF ACT. 4J5. This Act shall not, except as herein o'v- Application pressly provided, apply to the North-west Tei - '^* '^'^*- ritories. 49 Y. c. 24, s. 70, part. {ij) Tlie offence here mentioned of " inducing or compell- ing a person who is an Indian or of part Indian blood, to vote or refrain from voting,*' is undue influence, and in a. " corrupt practice" under R. S. C. c. 8. (z) The punishment prescribed for persons guilty of a> corrupt practice at elections, is disqualification from voting or holding anj; ofifice under t!ie Crown for seven years. i 08 ELECTORAL FRANCHISE. iR. S. C. SCHEDULE OF FORMS. m Oath of office of a Rerisiug Officer. {See Section 1.1.) I, of the of , in the county of and Province of , the Revising Officer appointed under the Electoral Franchise Act, in and for the electoral district {or portion of the electoral district) of in the Province of do hereby solemnly swear (o?' affirm) that I will well and faithfully discharge the duties assigned to me by the said Act without favour or partiality; that I will place no name on the list of voters for the said electoral district {or portion of the said electoral district) or any of the polling districts thereof, and will strike no name off the same, unless I shall be satisfied that the same should by law be placed on or struck off the same ; and that I will in all respects conform to Cap. 5.] ELECTORAL FRANCHISE. 69; the said Act and the law to the best of my judg- ment and ability. So help me God. Sworn before me, a judge of \ the court of , in and | A.B. for the Province of , Revisim/ Officer for being a court of record, at [ the electoral dis- the of in the county { of and Province afore- said, this day of A.D., 18 CD. A Judge, etc., 48-49 N., c. 40, sch. form A, trict {ox portion of the electoral district) of Repealed and new form substituted by oJ V. c. 9 s, 10.] C. [Repealed and new form substituted by 52 V, c. 9 s. 11.] ». Notice of Objection, Complaint or Application. (See section 4 of 52 V. c. 9. J I, , of the of , in the county of , in the electoral district of lii 70 ELECTORAL FRANCHISE. R. S. C. % M M]^ Bi " ' , Province of , under the Electoral Franchise Act, hereby give notice that I will apply to have the list of voters for polling district No. of the said elec- toral district, for the year as preliminarily revised, amended, added to or corrected, as the cas(e may he ; {then state the name or names ob- jected to, with the the (frounds therefor, or the name or names desired to be added, icith full particulars of their residences, addresses, occupa- tions, qualifications, and if real property, ivhcre situated, and the grounds for applying to have them added, or the nature of any other proposed amendments or corrections to the list and the grounds therefor), at the court {or sitting) to be held by the Eevisiug Officer for the said electoral district {or portion of the said electoral district), at o'clock in the noon, on the day of , 18 , at , in the said electoral district. Dated ,18 To the Revising Officer for the said electoral district [or portion of the said,'' electoral district), {or to the person whose name is objected to.) {Name of com- plainant), P. 0. Address. p '• 48-49 V. c. 40, sch. form E. Cap. 5.] ELECTORAL FRANCHISE. [Repealed, and new form substituted by 62 V, ^. 9 s, 12.] 71 F. Notice to be jniblished in the Canada Gazette by the Clerk of the Crown in Chancery. {See section 6, of 68 V. c. 9.) Notice is hereby given that I have received the lists of voters, finally revised, for all the polling districts of the electoral district of for the year under the Electoral Fran- chise Act. Dated , 18 . C. D. Clerk of the Crown in Chancery at Ottawa. 48-49 V. c. 40, sch. form H. Order of Revising Officer dividing Electoral Dis- trict or portion of Electoral District into Polling Districts. {See section 23.) I, the Revising Officer for the elec- toral district {or portion of the electoral district) '"I 72 ELECTORAL FRANCHISE. [R. S. C. t ill of , Province of under the Electoral Franchise Act, do hereby order and direct that the said electoral district) be and the same is hereby divided into polling district, described as follows : — Number one Bounded on {here Jill m as imrticular a description, by concessions, streets, or other divid- ing lines, as possible, of the bounds of each iiollincf district). (And so on as to others). Dated , 18 . A. B., Revising Officer for the electoral district (or portion of the electoral district) of 48-49 V. c. 40, sch. form F. fli Summons to witness. {See section 25.) To You are hereby required and summoned per- sonally to attend before me, the undersigned Revising Officer, on the day of , 18 , at o'clock in the noon, at in the county of , and Province of and then and there to testify what you Cap. 5.] ELECTORAL FRANCHISE. know concerning the then to be investigated by me as such Revising Officer, and so on from day to day, and you shall bring with you the books and papers here- in described, that is to say : And herein fail not at your peril. Given under my hand at aforesaid, this day of , 18 , under the Electoral Franchise Act. A. B., Revising Officer for the electoral district (or portion of the electoral district) of 48-49 V. c. 40, sch. form J- 73 THE ELECTORAL FRANCHISE AMENDMENT ACT, 1889. Preamble. R. S. C, 8. o. Section 9 amended 62 Victoria — Chapter 9. An Act further to amend the Revised Statutes, chapter five, respecting the Electoral Fran- chise. [Assented to 2nd May, 1889.] TN further amendment of " The Electoral Fran- -^ chise Act,'' Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1. Section nine of ^* The Electoral Franchise Act'' is hereby amended by inserting in the sixth line, after the word " of" where it first occurs, the words ** and does not hold a location ticket for," {a) and also by adding the following sub- section thereto : — (a) Under the Indian Act, an Indian may apply to be enfranchised, and under s. 85 the Superintendent General after examining the evidence adduced by him may grant such Indian a location ticket as a probationary Indian, for the land occupied by such Indian. Votos given upon an Indian reservation cannot be received : Re Nebraska, Bart. El. Caa. 299. Trespassing on Indian lands is forbidden by the Indian Act. Trespassers on Indian lands, though in- mmmni Cap. 9.] ELECTORAL FRANCHISE. S. 1. 76 " 2. No person found guilty of any corrupt No person practice under the provisions of the Dominion ^QpjJJJpj.*'^^^. Elections Act, shall, during the sevei) years ne xt *ices to be re- ciHtGrcl after the time at which he is so found guilty, be entitled to be registered on any list of voters, subject, however, to the removal of such dis- qualification under the provisions of section ninety-nine of the said Act." (b) habitants of the territory, cannot be recognized as lej^al voters: Beniiet v. Chapman, Bart. El. Cas. '204. A verbal agreement with an Indian to work the land on sliares is illegal: liefiina v. IliUfcir, 7 C. P. HSO. (b) It was a moot point under tlie words " disqualified or prevented from voting by any law of the Dominion of Canada" in sub-s. 2 of s. 3 of R. S. C. c. 5 (p. IS anti'), whether the Revising Officer had jurisdiction to try in his Revision Court a charge of corrupt practices alleged against a voter ; but the effect of this amendment is to declare that he has no sucli original jurisdiction. This sub-section affirms the Revising Officer's authority to strike off the name of any electur whose previous conviction for corrupt practices has been proved before him. The finding by an Election Judge that an elector is guilty of corrupt practices under tbe Dominion Elections Act carries with it a statutory disquali- fication which the Revising Officer would be bound to give effect to. In order to disqualify a person from being regis tered as a voter he must be found by the report of the Elec- tion Judge to have been guilty of corrupt practices ; and it is not enough that the judge should state facts from which per- sonal bribery or other corrupt practices might be inferred : Grant v. Parfham, 3 C. P. D. 80. Before an elector can be found guilty of corrupt practices he must have an oppor- tunity of being heard ; the disqualification attaches after conviction: South Huron, 2d C. 'P . 'SOI. '• The disqualifica- * 1 7G s. 2. ELECTORAL FRANCHISE. [52 Vict, Section 13 re- 2» Section thirteen of ^^ The Electoral Fran- i**-'*'^*^' chhe Act " is hereby repealed, (c) tion, it is plain, arises by the fact of the petitioner (elector) imvinf,' been found ftuilty after notice of the charge against him." Per Wilton, C.J., Ihid, 307. " The Act speaks of ' an opportunity of being heard,' and I think that does not merely mean that kind of opportunity which a witness has who is called up upon the spur of the moment, and who is subject to cross-examination ; but it means an opportunity of being heard when he has had a fair warning of the charge, and is asked to meet it, and be heard by himself or his counsel : Per Blackburn, J., Beverley, 1 O'M. tt H. 176. The report of an Election Judge that certain voters had been proved at the trial to have been guilty of corrupt practices, does not disqualify such voters : Ibid. The Dominion Elections Act (R. S. C. c. 8) in sections 84-99 defines corrupt practices and the punishments therefor. The period of disqualification of a candidate found guilty of corrupt practices is, by s. 90, seven years ; and of per- sons other than candidates, is by s. 98, eiqlit years. But the above amendment makes the period of disqualification in all cases seven years. An indictment charging a defen- dant generally with "corrupt practices" committed at an election id bad, as corrupt practices may mean any of several offences. But after verdict such defect is cured : Regina v. Stroulger, 17 Q. B. D. 327. (c) The repealed section gave the Revising Olficer authority to appoint a clerk. The Act in ss. 28 and 33 still recognizes the Revising Officer having a clerk. The appointment of clerks of courts properly belongs to courts of law : Ex parte Hennen, 13 Peters 258. When during the absence of the Revising Officer, notice of application to have a name struck off was left with the clerk at his office, it was held that such service was a sufficient depositing with the Revis- ing Officer to satisfy the statute ; and that such notice did m U It ict, ui- Cap. 9.] ELECTORAL FUANCHISE. S. 3. 3. Sections fifteen, sixteen and p.eventeen of Sections is, the said Act are hereby repealed and the follow- peaTed ; ikw ing substituted therefor : — seciioiiH " 15. On or as soon as possible after the first Revision of of June in each year, the Revising Officer shall cc^edin^s ^''° cause tbe list of voters to be compared with the '''*^''•^^'^^• last assessment rolls, (d) and with all the infor- mation that he can obtain from that source, and from provincial, municipal, and other official lists, records, and proceedings, and by means of solemn declarations made as hereinafter provided according to the statute relating to extra-judicial oaths, (e) shall proceed to revise each list of not require personal service on such officer : Ee Sinuiioiis (DkI Ditlton, 12 Out. R. 505. {(l) The determination of the essential element cf the ri^ht to vote, — that of assessment — is primarily made by the assessor and linally determmed by the [Revision] Court in the completion of the assessment lists, and that deter- mination expressed by the act of assessment itself becomes incorporated into and a part of the list of voters : Re Super- visors, 1 Fed. Rep. 1. The decision of the County Jud^e in assessment cases is final. If the assessor errs he can be set right by the Court of Revision, or by an appeal to the County Judge : London Fire Insurance Co. v. City of London, 11 Ont. R. 592. See notes (r) p. 48, (j) and (A) p. 114, to the Act of 1885 ; and (q) p. 31, to the Act of 188G. {e) Declarations annexed to a claim are jn'i ma facie evidence of qualification, even where the claimant does not appear in support of his claim ; and in the absence of rebutting evidence such claim should be allowed : Nuth v. Taniplin, 8 Q. B. D. 247. Such declarations must be sent within the 78 s. 3. ELECTORAL FRANCHISE. 52 Vict. I' ' ii- i';' H ;! SiippleiTieu tarv lists. R.s.c.c. in. voters then in force under this Act for the elec- toral district or portion of an electoral district for which he is appointed, and shall prepare two separate lists in like form as the original list, one entitled ' Names to he added and corrections to he made,' and the other * Names to he re- moved ' ; Declaration, " ''^' '^^e Solemn declaration (/) in this section by whom to referred to may he made hy any person claiming the right to he registered in the electoral district, or claiming that some other person therein named should he registered as a voter, (//) and statutory time, antl they cannot be received as evidence of other matters than those warranted by the statute : Dakin v. Fraser, 1(5 Q. B. D. 252. Declarations cannot be received as evidence to amend the description of qualifi- cation by substitutin}^ other premises than those described in the list, or addint» otiier premises so as to make up the necessary qualification : Porrett v. Lord, 5 C. P. D. 65. (/) Persons residing; in the unorganized townships may, by means of the declarations here authorized, be added to the lists. But this amending Act has not remedied the defect pointed out in note (h) p. H(3, ante. Under the Ontario Act, it has been held that an owner of real estate of the qualifying value in any of the unorganized townships, has a I'ight to vote at any polling district within any of such unor- ganized townships where he may happen to be on the day of election ; and his right to vote is not restricted to the town- ship in which his property is situated : Mnnkokd shall be to the effect that to his personal kuow- letlgo, or according to his information and belief (the grounds of which shall be stated,) {h) the speaks of " any person (1) claiming the right to be regis- tered, or (2) claiming that some other person therein named should be registered," but further on it says, " and sucli declaration, unless made by a person claiming that he, the declarant, is entitled to be added to the list, shall he made by an elector of the electoral district.^' It will be difficult to harmonize these discordant provisions, unless they can be construed to mean that a declaration in support of his own claim to be registered, may be made by one not on the list of voters ; but that a declaration in support of the claim of other persons, who are not on the list of voters, must be made by " an elector of the electoral district." The section can scarcely be construed to mean that declarations in sup- port of "the claims" of persons to be registered, who are not on the list, may be made by " any person claiming the right to be registered," but that declarations stating " the qualification " of the persons claiming to be entitled, must be made by " an elector." See note {b) p. 5, to the Act of 188G, and (m) on " judge-made law," p. 17, under the Eng- lish Act of 1878. Declarations made by agents, who were not personally interested in the matter of the appeal, have been received in the English Registration Courts : Vorrett V. Lord, P. D. Go ; Pickard v. liaulis, 5 C. P. D. 235. (/() This is similar to Chy. Order 250, Con. R. 009, and will be a wholesome check on rash statements. A statement in an affidavit by plaintiff's agent that he had the manage- ment of all the plaintiff's business in this country, was held sufficient to show his means of knowing of the plaintiff's ownership of certain property mentioned in such affidavit : McEioen v. Boulton, 2 Chy. Ch. 399. Evidence on infor- mation, and belief though generally admissible on interlo- cutory applications, is not admissible on proceedings which finally decide the rights of the parties ; and the party 1 I 80 s. 3. ELECTORAL FRANCHISE. [52 Vict. \^. 1!?M person or persons in respect of whom such declaration is made, is or are entitled to regis- tration ; the quahfication of the person claimed to he entitled to be added to the list shall be stated in the declaration, and such declaration unless made by a person claiming that he, the declarant, is entitled to be added to the list, shall be made bv an elector of the electoral district ; To be re- the Eevising Officer shall receive all such decla- v^sin-'Officcr!'^*^*^"^ up to the time when he transmits the supplementary lists to the Queen's Printer and Controller of Stationery as hereinafter men- tioned, (/) and he shall exhibit to any person requiring to examine the same all such declara- tions deposited with him, and shall permit copies thereof to be taken ; (k) Entries on " 3. He shall enter on the former of such sup- lists. ^"'^^ plementary lists the names of all persons not against whom it is adduced is not bound to contradict it. But if in the Court below he deals with tlie eWdeuce as admissible, he may be precluded from objecting to it in the appellate Court : Gilbert v. Endean, 9 Ch. D. 'lb'.). (0 Such declarations must be sent to tlie proper officer withii: the statutory time, or they cannot be received as evidence of the facts declared to : Dakin v. Eraser, 16 Q. B. D. 25-2. (A) Should the declarations inaccurately describe the name or property of the party sought to be registered, the Revising Officer would have authority to receive evidence of the correct description. A contrary rule is recognized in England. See ss. and notes (p) to (v) pp. 139-142, and {a) to [o) pp. 1513-160, to the Act of 1885. ':. .* Cap. 9.1 ELECTORAL FRANCHISE. 8. 8. 81 already on the original list, who, according to the provisions of this Act, are entitled to have their names so entered, indicating in the proper column whether they are qualined in respect of real property, as 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 nearly as can be ascertained by the said officer, or whether they are qualified in respect of income, and as to the sons of farmers or other owners' sons as aforesaid, and voters on income, stating also in such list in the proper columns thereof the residence and post office addresses of such persons as nearly as can be ascertained by him ; and he shall also note on a separate part of such supplementary list any verbal or clerical corrections of the original list which seems necessary ; (/) **4. He shall enter on the latter of such lists And on the the names of any persons v,'hose names appear second. on the original list, and who are dead and who are not, according to the provisions of this Act, entitled to be registered as voters, stating the reason of such note ; (w) (0 See notes (in) to («) pp. llo-lliJ, to the Act of 1885. (m) The discjualifications from voting are stated in note (d) p. 57, to the Act of 1885. See also note (/*) p. 147, to the Act of 1885 ; and note (h) p. 10, ante. H.E.F. — 6 82 8, 3. ELECTORAL FRANCHISE. r52 Vict. H'-rf printed. «< He shall 8\-n sucli two supplementary lists as Kevising Officer and shall transmit them, not sooner than the first day of August to the Queen's Printer and Controller of Stationery, who shall at once cause the same to be printed, with the description of the polling districts to which they respectively relate, and shall transmit a suffi- cient number of copies thereof to the Kevising Officer ; Assessment voUb evi- dence. Erroneous entry to be corrected. '* Such assessment rolls as aforesaid shall be 'prima facie evidence of value and qualification. 16. The Revising Officer shall not enter on such second supplementary list as to be removed from the original list the name of any person entered on the original list of voters, on the ground that the qualification of such person is incorrectly entered thereon, if it appears that such person is entitled to be registered on the list of voters as possessed of any of the qualifi- cations set forth in this Act ; but the Revising Officer shall enter the name of such person on the first supplementary list, with the necessary corrections, {n) {n) The evidence on whicli these corrections may be made is provided for in s. 15 as assessments rolls, provincial, municipal and other official lists, records and proceedings, and solemn declarations under R. S. C. c. 141. See notes ili) p. 130, (c) p. 159, and (u) p. 165, to the Act of 18«5, and [n) p. 30, to the Act of 188fi. 'I \ Cap. 9.] ELECTORAL FRANCHISE. 8.3. 83 "17. Immediately after the Revising Officer Supplemen- h as received the printed copies of such supple- be certified, iiientary libts from the Queen's Printer, he shall, for the purpose of making the final revision of the list, and after comparing and correcting the printed copies of the supplementary lists with the supplementary lists signed by him, certify the said supplementary lists as such officer, and on or before the first day of October in the year in which such supplementary lists are prepared, he shall publish the original list and such two sup- Publication plementary lists by causing three copies of each to be posted up or exposed for inspection, one in €ach of three conspicuous public places in the polling district to which they relate, and to each Notice to be of such copies shall be appended a notice in the^ **^' form C, in the schedule to this Ai-t, (o) appointing (o) Where forms contain more conditions or particulars than are warranted by the enacting clauses of a statute the excess may be disregarded. " If the enacting part and the schedule cannot be made to correspond, the latter must yield to the former : " Per Lord Cottenham, L.C., in Re Baines, 1 Cr. & Phil. 46. '• It would be quite contrary to the recognized principles upon which Courts of Justice con- strue Acts of Parliament, to enlarge the conditions of the enactment, and thereby restrain its operation, by a reference to the words of a mere form given for convenience' sake in a schedule, and still more so when that restricted operation is not favorable to the subject, but the reverse : " Per Lord Penzance, in Dean v. Green, 8 P. D. at p. 89. " Where forms are prescribed, slight deviations therefrom, not affecting the substance or calculated to mislead, shall not vitiate them :" Interpretation Act, s. 7, (14). 84 s. 3. ELECTORAL FRANCHISE. 52 Vict. plication. a time and place for the final revision of each Copies on ap- such list as hereinafter provided ; and he shall deliver copies thereof to any persons applying for the same, upon payment therefor of a price proportionately sufficient to cover the cost of printing the same, but such price shall not exceed ten cents for each copy of the list for a polling district ; ('opies to be sent to cer- tain officials. m " 2. The Revising Officer shall also deliver or transmit by prepaid letter to the mayor, reeve, deputy-reeve, clerk or secretary-treasurer of every city, town, township, parish and village (and in Prince Edward Island to the secretary of every school district), one copy of the list for every polling district comprised within the city> town, township, parish, village or school district for which such mayor, reeve, deputy-reeve, clerk or secretary-treasurer or secretary of a school district is appointed, and also to each post- master a copy to be posted in his office of the list of the polling district in which such post- master's post-office is situated. He shall also deliver or transmit as aforesaid one copy of every list relating to the electoral district or portion of electoral district which he is appointed to revise, to the sheriff, clerk of the peace or county clerk, warden, judge of the county court or district court of the county, union of counties or district, and, in the Province of Quebec, of the Superior Court of Lower Canada of the district in which Cap. 9.] ELECTORAL FRANCHISE. S. 4. 85 the electoral district or portion of an electoral district is situate for judicial purposes; and ten And othen copies of every such list to the member or each of the members of the House of Commons for the said electoral district or portion of an elec- toral district, and to the unsuccessful candidate or each of the unsuccessful candidates at the last election for the electoral district." {p) 4. Sub-section two of section nineteen of the Section 19 «aid Act is hereby repealed and the following ''"'^"^^'^• substituted therefor : — "2. Any person (^) desiring to object or to Notice of ob- add to, or in any way to amend or correct the Jections and original list, or either of the supplementary lists, '^"'^" '"^'^ ^' on the final revision, shall have the right so to {p) See notes pp. 119, 131, 133-135, to the Act of 1885. (q) A notice of objection may be given by one whose name is on the list of voters tliough the objector is incapa- ble of voting by reason of his being reported by the election judge as guilty of corrupt practices : Burr v. Chamherx, 22 Irish L. R. 264. The status of a petitioner in an election petition is not destroyed by his being proved guilty of cor- rupt practices : Dufferin 4 App. R, 420, H. E. C. 529. The sufficiency of the description of objector s plan of abode is a •question of fact for the revising barrister : Thackwdi/ v. I'itcher, L. R. 2 C. P. 100. The subsequent ratification of an unautliorized signature to a claim will not sustain the -claim : Kearm' C' ^ \ Section thirty-two of the said Act is here- ^ectioli! "^"^ ^y repealed and the following substituted there- for : — " 32 The Revising Officer, the Clerk of the Crown in Chancery and the Queen's Printer shall supply certified copies of the said lists to any person or persons applying for the same and paying therefor at the rate payable for copies of lists furnished under section seventeen of this Act ; and every Revising Officer and the Clerk of the Crown in Chancerv shall account to the Queen's Printer as respects all sales of lists made by them under this section ; To be deemed niithentic copies. " 2. Every copy of a list of voters supplied by the Revising Officer, the Clerk of the Crown in Chancery or the Queen's Printer, and certified by any one of such officers as correct, in the form E, in the schedule to this Act, shall n- ol- Cap. 9.] ELECTOKAL FRANCHISE. 8S. 9, 10. 93 be deemed to be an authentic copy of such list." {z) O. Declarations made for any of the purposes Before whom of the said Act as amended by this Act or any ma'*be made other amending Acts may be made before any mayor, reeve, deputy-reeve or alderman or muni- cipal councillor, or before any other person thereunto authorized, and all such persons shall for such purposes be justices of the peace, (a) lO. Form B, in the schedule to the said Act, Form B. re- is hereby repealed and the following substituted {*o*m. ' "*^ therefor : — »< B." LIST OF VOTEKS— 18 — For the Polling District No. of the (Municipality oj, or the City or Town, or an the case may he ) of iu the Electoral Dintrict of (z) The abstract of the votes returned to the office of the Secretary of State, though obtained after the statutory period, is evidence. A certificate from the proper office and officer and bearing the state seal is evidence of its authen- ticity : VaUandiijham v. Campbell, Bart. El. Cas. 229. (a) Prior to this amendment it had been held in a criminal case that a commissioner for taking affidavits was not authorized to take such declarations under B. S. C. c. 141. 94 8. 10. ELECTORAL FRANCHISE. [52 Vict. List of Post Offices, with their R..:ference Ncmberb. 1. Campbelltown. 4. lona. 7. Port Talbot. 2. Cowal. 5, lona Station. 8. Tyrconnel. 3. Absent. 6. Largie. 9. Wallacetown. « 1 i ' Polling District No. . Comprising • (as the case may be) Explanation of abbreviations in the columns " Qualifi- cation" : — O., owner ; T., tenant ; F. S., farmer's son ; S. O., son of owner; I., income; Oc, occupant; F. & O., fisher- man and owner. d S5 Name in Full. {Surname jtrst.) 'i fa < •J o 1 9 8 1 7 4 2 3 5 6 Cccupation. •.J d o 1 Description of Property or Residence. 1 2 3 4 5 6 7 8 Atkinson, Alfred... Adams, Wni.Henry Asseltine, Pierre... Benjamin, Ernest. Hissonnette, Paul.. Brennan, Edward. Campion, Francis. Cooper, Charles ... Clegge. William ... Carpenter ... Farmer Stonemason. Bricklayer ... Fisherman ... Plasterer Farmer Printer S. 0. 0. T. I. F.&O. I. F. S. T. Lot 21, con. 3. N.W. pt. lot 28, con 6. Pt.20,brkn. ft.,Kideau 667 Wellington st. w. Pt. 34, range No. 10. |8 Broad st. Lot 21, con. 4. 'Pt. 10. east GeorcA Rt. 9 Painter Oc. Lot 14. Elcin st. ° 1 Dated 18 A. B., Revising Officer for tlie Electoral District (or part of the Electoral District) of . 8. 11. 95 Cap. 9.] ELECTORAL FRANCHISE. II. Form C, in the scbedule to the said Act, is F"*''"^'^'"®^ hereby repealed and the following substituted}*";^ ' "^"^ therefor : — << C." Notice by llevisinq Officer of Final Revision of Lists of Voters for each Pollinp District. The Revising Officer for the electoral district (or portion of the electoral district) of in the Province of , under the Electoral Tranchise Act, hereby gives notice that he will hold a court {or sitting) on the day of ,18 , at o'clock in the noon at in the of , in the said elec- toral district for the final revision of the list of voters for polling district No. . , of the said electoral district. All notices of objections and claims for addi- tions to, or amendment or correction of the said list, or of the supplementary lists relating there- to, with the grounds therefor, and the name, addition and post office address of the person objecting to any name on any such list, or claim- ing to add to, amend or correct any such list in any other respect, must be delivered to the said Revising Officer at , or sent to him by registered letter addressed to him at 96 8. 12. ELECTORAL FRANCHISE. (62 Vict. \l ' before the day of 18 , in the same form, as nearly as raay be, as of notice of com- plaint, in the form D, in the schedule to the Electoral Franchise Act. If the objection be to the name of any person already on the list, or on the supplementary list containing the names proposed to be added, the person so objecting must, at the same time, deliver or mail by registered tter to the person whose name is so objected to, at his last known address, a copy of the notice of objection. Dated 18 A. B., Revising Officer for the electoral district (or portion of the electoral district) of Form E, re- IS. Form E, in the schedule to the said Act, Bectfon. "^^^ ^^ hereby repealed and the following substituted therefor : — E." Certificate of List of Voters. I, , the undersigned Revising Officer for the electoral district (or portion of the electoral district) of in the Province of , {or Clerk of the Crown in Chancery, ELECTOUAL FRANCHISE. 13. 1 Cap. 9.] or Queen's Printer for Canada, as the case may be) do hereby certify that the foregoin;^ list, consisting of pages, is a true copy ol the list of voters for polling district number in the electoral district of as finally re- vised (or as finally revised and corrected on appeal, as the case may be) for the year under the Electoral Franchise Act. 97 Dated 18 A. B., lieimmi Officer for the electoral district (or portion of the electoral district) of , or CD., Clerk of the Croun in Chancery, or B. C, Queen's Printer for Canada. 13. Sections seven [h) and eighteen (c) of the |;;;f «^"«J said Act are hereby repealed. pealed. {b) This section required farmers' sons and owners' sons to be resident with the father from the time of the reWsion of the list to the time of the election, and prescribed the limit of "occasional absence." (c) This section provided for publishing notice of the final revision in some newspaper within the monicipality or polling district. H.E.F. — 7 PART II. Sf, /? ONTARIO MANHOOD FRANCHISE. 61 Victoria — Chapter 4. (Ontario.) An Act to establish Manhood Sufifrage for the ^ /t^ \ H Legislative Assembly. {^Awenttd to 23rd March, 1888.] ER MAJESTY, by and with the advice and '^^ ^^^^* ^^^^ ex. f, ^e .^ consent of the Legislative Assembly of the * ^ • Province of Ontario, enacts as follows : — 1. This Act may be cited as " The Manhood Short title. Suffrage Act,'' (a) and shall go into force on the Ist of January, 1889. (a) Prior to the early statutes regulating the franchise for Parliamentary Elections in England, a franchise had been sanctioned by the common law of Parliament, which was more liberal and more nearly akin to " manhood suffrage " than i*i has been since 1429, when the first Fran- chise Act was passed. By that common law franchise, •« every inhabitant and commoner in every county had a voice in the election of knights, whether he were a free- holder or not, or had a freehold of only one penny, six- pence, or twelve pence by the year:" Prynne'i Brevia 100 8. 1. MANHOOD FRANCHISE. :61 Vict. Purl iaiiifiittt rill (ItWi'J), 187. " The common law i)lacp(l all electiuiiH in tlie hands of tliu |)eoi)le : " HiuIhoii on Irhit EU'ctiom. And the only qtialiticiition rocjuired of Parlia- mentary electors was residence in the county ; 1st Henry v., c. 1. The return by sheriffs on many Parliamejjtary writs in IH Edward II. is that " the election has been made by the assent and will of the men of the whole county : "' Pahjravcit PitrUamentttrij Writ*, 'AW). In 142'.> the Franchise Act, 8 Henry VI., c. 7, defininj^ " what sort of men shall be choosers and who shall be chosen knijjhts of Parliament," established the rule that an elector's political intelligence and (jualiflcation to vote for members of Parliament should be f»au(?ed by the value of his landed property ; and it refjuired that electors should be residents and have a property qualification as freeholders to the value of -iOs. in the county." The preamble of the Act recites — with a supercilious contempt for the lower classes or disfranchised voters, the prof anum valgus, and with a refreshing plainness of speech not to be found in modern Franchise Acts — that ♦' whereas the election of knights of shires to come to the Parliaments of our lord the King in many counties of the realm of England have now of late been made by very great, outrageous and excessive number of people, dwelling within the said counties, of the which most part was of people of small substance and of no value, whereof every of them pretended a voice equivalent, as to such elections to be made, with the most worthy knights and esquires dwelling within the said counties, whereby manslaughter, riots, batteries and divisions among the gentlemen and other people of the same counties shall very likely rise and be, unless convenient and due remedy be provided in this behalf." The Act then provides that the electors shall be persons dwelling and resident and who shall expend iOs. by the year and above. " It is not clear whether any landed or freehold qualification was requisite to entitle a person to vote at elections before this statute : '' Siineon on Elections, 13. " This was the first statute which required a qualifica- tion of landed property, or, to speak in a manner more I 11 In II- \y IT lie , •» 8e je Cap. 4.] MANHOOD FRANVHI8K. 8. 2. 101 2* Propt'ity or income qiialifiention for voters Property as respects the Legislative Assembly {h) is )} JJiJgJJJJI' strictly constitutional, which dcprivetl jjerso-'s in a very low and (let>endunt situation of the exercise of tiie |lrivile^e of voting : " Ihi(/0 for the nine months next pre- ceding the time fixed by statute (or by a by-law authorized by statute) for beginning to make the assessment roll in which he is entitled to be entered as a person qualified to vote, (i) or are to bind his liberty and property, is a most transcendent thing, and of a high nature, and the law takes notice of it:" P^r Lord Holt.C.J., Ashhxj v. White, 2 Ld. Raym. 938. The pri- vileges and immunities of citizens relate to those privileges and immunities which are in their nature fundamental. which belong of right to all citizens of free government, among which may be included the elective franchise as regulated by the laws or constitution : Corfield v. Coryell, 4 Wash. C. C. 381. See further notes (a) and {b) pp. 13-17, (z) p. 54, and (e) p. 78, to the Franchise Act of 1885, and (e) pp* 6-7, to the Franchise Act of 1886. The franchise is an im- portant right and ought to be enjoyed by those who really possess it, and not by those who have it not : Per Cameron, C.J., in Re Boi/es, 13 Ont. R. 6. (h) The residence prescribed in this proviso is " within the Province," and may have been in any municipality or place within Ontario, up to either of the dates here mentioned. The assessor is not required to ascertain the period of the person's previous residence in the Province up to " the time fixed by statute for beginning to make the assessment roll -, " but he is bound to enter the name of any person who delivers to liim the affidavit prescribed by this Act, and of any person who, af*^r -easonable enquiries, he finds to be qualified during the statutory period. The actual period of such person's residence may be questioned by impeaching his right to be entered on the voters' list either before the Court of Revision or County Judge. (i) The Assessment Act, R. S. O. 1887, c. 193, s. 49, provides that the assessor in municipalities, other than M ' ft I i 106 Rev. Stat, c. 8. S. 3. MANHOOD FRANCHISE. [51 Vict. had so resided wttkin jXie Pr o vin ee for the twelve months next preceding the time up to which a complaint may b^ made to the County Judge, under the Voters' Lists Act, or this Act, to insert the name of such person in the list : (k) cities, towns and incorporated villages, which pass by-laws under s. 52, " shall begin to make his roll not later than the fifteenth day of February." If such municipalities pass by-laws regulating the period of as&<)ssment then the assess- ment is to be made between the first day of July and the thirtieth day of September. County Councils may pass by-laws under s. 54 for making the assessment between the 1st February and the 1st July ; and the above dates will then be regulated by such by-laws. These two statutory periods of nine and twelve months will have the effect of throwing a large amount of work on the County Judge's Revision Court. The assessor in ordinary cases will be bound to count the nine months prior to the 15th February, i.e. 15th May of the preceding year. The voters' lists are usually posted in July or August, and the twelve months' provision will bring the qualifying period to some date in August of the preceding year, or about six months later than the assessor's period. (fc) The "time up to which a complaint may be made " is variable and will depend upon the date of the postiufi up of the voters' lists in the clerk's office, as prescribed by s. 13 of 52 Vic. c. 3, O. The time for appealing against the voters' lists commences to run from the date of posting the lists in the clerk's office and not from the date of bis sending copies of the lists to the persons and officials named in the Act : lie UOrignal Voters' Lists, 9 Pr. R. 425. Since the passing of this Act in 1888. and its coming into operation on the 1st January, 1889, the Voters' List Act has been repealed and a new Act substituted, 52 Vic. c. 3. The provisions respect- ing appeals to the County Judge are the same in both Acts. m A r.. Cap. 4. MANHOOD FRANCHISE. S. 4. ) And provided that such person was in good faith at the time fixed as aforesaid^a resident of, and domiciled in, the municipality in the list of which he is entered, (l) and is, at the time of tendering his vote, a resident of and domiciled within the electoral district, and had resided in the said electoral district continuously from the time fixed as aforesaid for beginning to make said roll, or for making such complaint, as the case may be. 'dt>Jb'?*"!S ^!?!^' "]^yJ^^ resident in the munici Sttttoo. cj-oTXtiMO^tieaiiwi. his Act, notwith- i!(lf|.Mo«. tJatn. jJ.A.y». t^, ^ry absence in the "ten' lAH of th» TowathlD ot Ser- 107 Proviso. V.*^ "2 -'^J^' i{l W^' 't4X*.t^ J ^A»4AO %. iwg» tf ^ Omtnty Court of Norklt- M and i&Tiniam referred to tliff kept for ^Oi* Lie«tenaitt*0»r«nior In eoBttell „„ „_. his exclusive with •«r«o« » of tlfeB ^' ^'-g period l»e went to Mbh va^nUea tb«t a nerfloa ter. He remained in **tSf^&l1br5?«S-tl2S Ck to London, and did til* aaJH «lcotofal dlitrlct tstructive residence m •Sl&MMMo1Sk«*Sl ^ residence there must .Wwrwirtp WW ott JTcteMaiT P^ intention is consistent '" St* 5*S»%llff*o^r!S • »bode at some future f^^^J^s ^^\ ^ *^ on, Bart. El. Cas. 120. t MMl la Hit from his residence ^^ ^oJSt^ ^ *^^® qualifying period. iMMta la lof military discipline ; t ,'eT' \iartin v. Hanrahan, 22 overrules Hex v. which was ques- D. 254. See notes on ^ tS fP. 74. 76, and 97. nfortlMi Temporary ^^t-^^^, absence iiv^w ^2'. ^ ./'. //^ to disqualify.*^ ^i^{in to make his roll not later than the fifteenth day of February." If such municipalities pass by-laws regulating the period of assessment then the assess- ment is to be made between the first day of July and the thirtieth day of September. County Couni by-laws under s. 54 for m«; ■* 1st February and the laf^ then be regulated by sue periods of nine and tweh throwing a large amoun . Revision Court. The a^^ be bound to count the ^ February, i.e. 15th May of It lists are usually posted ir^ months' provision will britM date in August of the prec** later than the assessor's pej. (k) The "time up to whi^* variable and will depend i^ the voters^ lists in the c/erF" 62 Vic. c. 3, O. The time ^ lists commences to run f ro^b Weg*;* to hear inodmlns year. old tAe"YVM. oass the clerk's office and not fr, of the lists to the personsn- lie VOrignal Voters' Lists, >« of this Act in 1888. and its^J^ January, 1889, the Voters' M, | g^i^ ijj^^wii^ a new Act substituted, 52 ' ing appeals to the County No ^'»-^?^. absence not ^. ^ -f. ff, p . to disqualify.*^ ^^^y\ji.<^ /t/t* <«vT»*.^ tO^ i A^IC^U. tkXi (^Ct'triiuf ^Acc*-^c*^ /m^^ <4^< ^^t^^bf /^»Z< £4X^t^c*^ t^ L£*^CLy6^ 5t-*<*t^< Cl/%^f ^«-t r^ J, 4, ^/. ^3. >^. lf,/j.S4-(/ftM*^y/^k c*. C*t,*^. ^t.C.o «*«<»« f~\. ^H^Lcit^ let. a the or ler- or I Cap. 4.] MANHOOD FRANCHISE. S. i}. Si* No person shall he entitled to he marked or entered hy the assessor as a qualified voter as hereinafter mentioned, or shall he entered on a list of voters, in respect of residence in a muni- cipality where he is in attendance as a scholar or student at any school, university or other in- stitution of learning;, unless he has no other place of residence entitling him to vote, (m) Students lit fUto^O college.etc.^^ ^^••. lire ^Tdn)\f/fsr , The mere fact that a person is willing to swear, and does swear, that he considers the district his home, is tiot suffi- cient to entitle him to vote, if the facts and circumstances satisfy the Court that his home is elsewhere : //»/^ 110 DiBtjualifica- tions. ><" • V riBOuer. 8. 6. MANHOOD FRANCHISE. [51 Vict. *^,^^ ^'^ (fc) Mother owner' *****^- of farm ... Residents and Non-residents.. Residents for one month before the Election . . Residents contin- uously since final revision of the Assessment i r »*£€■< Ay Roll «c,'es, $100. I Townships, $100. _ Farm assessed at suflicient amount to give father and each son a vote at the above ratio of qualification. Cap. 4.1 MANHOOD FliANCHISi:, SS. 12, 13. 117 |in ill jor 114 or he ity en, JE. 00.^ ed nt ch he of (/>) la the assessment roll of a township the concession wherein, and the lot or part of a lot whereon, such person resides ; And in all cases, any additional description, as to locality or otherwise, which may be reasonably necessary to enable the residence t\> be ascer- tained and verified. 13. The assessor shall, at the foot of his Affidavit by assessment roll, after he has completed the same, '^^^^^^°'^- make affidavit before a justice of the peace in the words, or to the effect following : — "I have not entered any name in the above roll, or inipro- perly placed any letter or letters in column 4 opposite any name, with intent to give to any person not entitled to vote, a right voting. " I have not intentionallv omitted from the said roll the name of any person whom I believe entitled to be placed thereon, nor have I, in order to deprive any person of a light of voting, omitted from column 4 opposite the name of such person, any letter or letters which I ought to have placed there.'' IS* (I) Complaints of persons having been Complaints wrongfully entered on the roll as qualified to be J'^^P^^^^'^" voters, or of person d not having been entered thereon as qualified to be voters, who should have been so entered, may, by any person entitled to be a voter, or to be entered on the voters' list in the municipality or in the electoral district in wl.ich the municipality is situate, {z) be made to (z) A notice of objection in accordance with the parlia- mentary form, will be good as to the voter's right to be on the municipal register : Jacob's Case, 12 Q. B. i). 370. »ifu,dt4LfCi I. 118 s. 13. MANHOOD FRANCHISE. [51 Vict. f Rev. Stat. c. H. the Court of Revision as in the case of assess- ments, or the complaints may be made to the County Judge under the Voters' Lists Act. (2) Any person who since the day upon which by statute or by by-law the assessment roll is returnable to the clerk, and before the time for appealing against the voters' list or of giving notice of application to the Judge to have the names of persons entered upon the voters' list under the Voters' Lists Act shall have expired, has become possessed of the qualifications en- titling him to vote, shall be entitled to give, or any person whose name is on the list or who has the qualification entitling him to have his name entered thereupon, may give the requisite notice or make application to the Judge to have the name of such first-mentioned person entered upon the voters' list. {) assessor, or by reason of his name not havin« been entered on the assessment roll. (b) A person who wilfully votes at an election for a member of Parliament without having all the qualities required by law to entitle him to vote, is liable to a penalty and costs: Perry v. Adama, 8 L. C. Jur. 165. The defend- ant's name appeared on the voters' list, but before the election he lost his right to vote, and voted at the election without having the qualifications prescribed by law ; Held, that he was quilty of a criminal offence, and was rightly indicted as for a misdemeanor : Regina v. Sturdy, 23 Can. L. J. 87. ill h n f 120 s. 15. MANHOOD FRANCHISE. [51 Vict. This section is not to apply to a person who applies for a ballot paper, believing that he is the person intended by the name entered in the voters' list in respect of which he so applies. (2) Every person who aids, abets, counsels, or procures the commission of any such offence, shall be liable to be indicted- and punished as a principal offender. i •1 FORM A. [Repealed hij 52 V. c. o, O., and other forms substituted.] ct. ho is in so Is, !e, a ns 52 VICTORIA— CHAPTER 5. ("Ontario. J An Act respecting Oaths under the Manhood Suffrage Act. [Assenied to 23rd March, 1889.] HER Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. (1) The oaths to be taken by voters, or Oaths under persons claiming to be voters, under JVie Man- hood Suffrage Act, shall be those set forth in the schedule hereto in Forms C, I), E, F, G, H, I and K instead of those mentioned in section 91 of the Ontario Election Act. (c) The Forms A and B in the said schedule are substituted for the form given in the schedule to The Manhood Suffrage Act for the purposes of section 9 of the said Act. (d) (c) The forms here prescribed are to be used at the election, and are not necessary for the purposes of the revision of the voters' lists. id) The enacting clause, s. 3 of the Act of 1888, prescrib- ing the qualifications for entry on the assessment roll, required that the person whom the assessor was to enter on 122 s. 2. MANHOOD FRANCHISE. [52 Vict. f Oaths at the election. (2) Every person entered on a voters' list as being a voter under The Manhood Suffrage Act, shall, when voting at any election under the Ontario Election Act, and if required to take any oath or aflfirmation under the provisions of said section 91 of said last mentioned Act, be at liberty to select for himself for that purpose either of the said forms C, D, E, F, G, H, I and K, what- ever may be the description either in the voters' list or assessment roll as to the qualification or character in respect of which he is entered upon the list or roll. Oathsiin dis- 2- In any electoral district, or part of any whfch*.?iY electoral district in which The Manhood c. i, docs not Suffrage Act is not in force, the voters' lists ^^^^^^' to be used shall be prepared in the same manner as they were prior to the passing of this Act, and the oaths to be taken in such electoral or part of electoral districts shall be those pro- vided for by the Ontario Election Act. (e) liis assessment roll should be "of the full age of twenty- one years," but the form given in- the schedule to the Act varied from its provisions. A person must be of full age at the qualifying date prior to the revision of the list : Harpreavts v. Hopper, 1 C. P. D. 195. See also Powell v. Bradley, 18 C. B. N. S. 65, referred to in note (a) p. 55 of the Franchise Act of 1885. {e) The onlj' case to which this section seems applicable is the case of unenfranchised Indians, referred to in s. 7 of the Manhood Suffrage Act of 1888. " Cap. 5.1 MANHOOD FRANCHISE. SCHEDULE. FORM A. Form of Affidavit by Person cl-^imiso ri> be i-laceu ox THE Assessment Boll as a Voter. I, , make oath and say as follows : I am a British subject (by birth, or naturalization), (/) and I have resided in this Province for the nine months next preceding the day of in the present year {the day to be filled in here is the date on which by statute or by-law the assessor is to bepin mahiiui his mil.} I was at the said date in gool faith a resident of and domiciled in (nirinn name of the municipality for which the asxeas-v is makiiiff his roll), and I have resided therein con- tinuously from the same date, and I now reside therein at {here yive the deponent's residence bi/ the number thereof (if any) and the street or locality ichereon or wherein the same i* situated, if in a city, town or vilhuje. If the residence is in a towiu^hip, yive the concession wherein, and the lot or part of lot ichereon it is Kituated). I am of the full age of 21 years, and am not di3<^iu?lified from voting at elections for the Legislative Assembly of Ontario. Sworn before me at in the county of this day of 18 . (Sir/nature of J. P., etc.) (This oath may be taken before any assessoi or any justice of the peace, commissioner for taking affidavits, or notary public.) (/) Persons born in Hanover before the accession of Queen Victoria to the throne of the United Kingdom, though residents in England, are aliens : Isaacson v. Durant, 17 Q. B. D. 54. 123 1 ) {Siy nature ft Voter). 124 MANHOOD FRANCHISE. [52 Vict. 1 FORM B. Form of Affidavit Fon same purpose as Form A. But ichere the person hitu been tvmporarili/ absent from the mimicipality. I, , make oath and say as follows: I am a Bi'itish subject (by birth, or naturalization), and I have resided in this Province for the nine months next preceding the day of in the present year (the (lay to be filled in here in the date on which by statute or bi/- law the assessor is to begin making his roll) I was at the said date in good faith a resident of and domiciled in (giving name of municipality for which the assessor is mahinq his roll), and have resided therein continuously from the said date, and I now reside therein at (here give the deponent's residence by the number thereof if any, and the street or locality whereon or wherein the same is situated if in a city, town or village. If the residence is in a township, give the concession wherein and the lot or part of lot whereon it is situated). And I have not been absent from this Province during the said nine months, except occasionally or temporarily in the prosecution of my occupation as (mentioning as the case may be a lumberman, or mariner, or fisherman, or in attendance as a student in an institution of learning in the Dominion of Canada, naming the institution if absent as student.) I am of the full age of 21 years, and am not disqualified from voting at elections for the Legislative Assembly of Ontario. Sworn before me at in the / this day county of . jQ -; (Signature of Voter). (Signature of J. P. or Commissioner, etc.) (The oath may be taken before any assessor or any justice of the peace, commissioner for taking affidavits, or a notary public.) INDEX TO FRANXHISE ACTS. "ACTUAL VALUE," meaninti of, 17 ADJOURNMENT of Court of Revision, 53, 55. AGE OF VOTERS, qualification, is. ALLEGIANCE, qualification, 1<), 3H. AMENDMENTS to be made to proceedings, 53. ANNUITANT, qualification of, 28. APPEAL, COURTS for, in several provinces. 01. APPEAL, when Revising Officer other than Judge, 50 ; notice of, how given, 59; pending, effect of, 5() ; powers of Judge as to witnesses, and costs, 01 ; summary hearing and decision, 03. APPELLANT, who may be, 51), 01; effect of non-appearance of, 02. ASSESSMENT ROLL, evidence of, 21, 37, 39, 77, 82; copies of, to be furnished to Revising Officer, 05, CITY OR TOWN, qualification of voters in. 28. CLERK OF REVISING OFFICER, 35, 70 ; may adjourn Court, 55. CONSTABLE, appointed by Revising Officer, 30 ; his fees, 30. COMPLAINANT, who may be, 42, 85 ; withdrawal of, 44 ; attendance of, 52 ; who may appear for, 54. CORRECTION of voters' lists, 42, 44 ; after Revision, 45 ; after Appeal, 74. CORRUPT PRACTICES, a disqualification, 75. COSTS, when allowed, 55 ; in case of Appeal, 04. COURT OF RECORD, powers of, 50. COUNSEL, may appear for parties, 54, 04. DEATH of voter, 39, 81. DECLARATION, contents of, 38, 77-80; before whom made, 93. ELECTOR, where to be registered, 29. ERRORS, in name or designation, 45, 88 ; correction of, after revision, 45. EVIDENCE, what allowable before Revising Officer, 53, 82, 85; before Judge in Appeal, 63. " FARM," meaning of, 15. n 126 INDEX TO FRANCHISE ACTS. t n f i I •' FATHER, " meaning,' of, 13 ; domicile of father is domicile of son. 23. " FARMER'S SON," ^lualification of, 22; if father is living, 22; if father is dead, 24 ; sons of tenant farmers, whether qualitied, 23. FISHERMEN, qualification of, 27. HUSBAND, when qualified in respect of his wife's property, 11, 12. INCOME VOTERS, 22 ; where to be registered, 2<). INDIANS, certain, not qualified, 31 ; "Indian," included in "person," 10 ; occupation of, under location ticket, 31, 74. INDIAN AGENTS, punishment of, for influencing Indians, 67. INSPECTION of notices, claims and lists, 42, 50. JOINT interest in property, when a qualification, 29. LEASE, what will qualify, 12. MISFEASANCE, punishment for, CO. "MOTHER," meaning of, 14. NOTICE of objections and complaints, 42, 44, 80, 87 ; how served. HO, 88 ; through post-otKce, 42, 8(5, 88. NOTICES of time for Final Revision, 40, 41, 83, 1)7. OCCASIONAL ABSENCE, 30. OCCUPANT, meaning of, 12 ; qualification of, 21 ; in right of wife, 13. OCCUPATION of premises, what is, 13, 14. OFFICERS occupying premises, when qualified, 13. " OPEN COURT," Revising Officer to hold, 43. " OWNER," meaning of, in Quebec, 11 ; in other provinces, 10. OWNER, qualification of, lU. OWNER'S SON, 25; if father is living, 25 ; if father is dead, 26. "PARISH," meaning of, 10, ecclesiastical, in Quebec, 16. PARTNERS, when they may vote, 29. PENALTY for not furnishing certain lists to Revising Officer, 65. " PERSON," meaning of, 10. POLLING DISTRICTS, alteration of, 37, 47, 49 ; numbering of, 49. POST OFFICE, service of notices through, 42, 60, 86, 88. POSTING up Voters' Lists, 40, 83. PROVINCIAL qualification for voters in certain provinces, 32. QUALIFICATION of voters in cities and towns, 19 ; in other places, 19. " REAL PROPERTY," meaning of, 14. REGISTRATION OF VOTERS, effect of, 10, 30. RESIDENCE, of Farmer's sons, 23 ; of income voters, 29 ; of students, 30. REVISED STATUTES, effect of, 9. ( . 5 of son. 23. 12 ; if fatlier 23. 11, 12. " person," 57. served. HG, >f wife, 13. 10. I, 26. sr, 65. g of. 49. 32. jr places, 19. students, 30. INDEX TO FRANCHISE ACTS. 127 REVISING OFFICERS, appointment of . 33 ; deputy of. .34: clerk of. 35,55,76; constable of, 36; correction of list after revision. 45; duties of, 37-46, 77-85 ; oath of office, 34, 68 ; jiowers of, 50. REVISION, final, of Voters' Lists. See Revising Office. — Votebs' Lists. SHAREHOLDERS, in corporations not qualified. 13, 29. " SON," meaning of. 14; farmer's son, 14 ; son of owner, not a farmer. 14 ; if father is living. 25; if father is dead, 26. SUMMONS, for Revision Court, 50 ; copies of, 58. "TENANT," meanin«,'of, 12. TENANTS' qualification, 19; cliange of tenancy, 20; payment of rent, 20 ; different rents and different landlords, 21. TENANT-FARMERS' SONS, meaning of. 14 ; whether (lualified. 23. UNORGANIZED TERRITORIES, polling districts in, 37, 4«. USUFRUCTUARY, may vote, 11. " VOTERS' LIST," meaning of, 17 ; time for preliminary revision, 37. 77 ; for final revision. 41, 89. " VALUE." meaning of, 17. VOTERS' LISTS, Contents of, 38, 80, 82 ; copies to be sent to certain persons, 40, 84 ; correction of Lists after Appeal, 57 ; effect of Revised Lists, 47 ; Preliminary Revision of, 37, 41. 77, >>2 : final Revision of, 43, 47, 85, 89, 92 ; notices for, 40, 41, 83, 87 ; objec- tions, how made and dealt with, 42, 44. Witnesses, summoning, 50 ; what fees to be paid or tendered. 51 ; effect of non-attendance, 52. WIFE, when her husband may vote in respect of her property, 11. 13. Uixe^/L^ ' eoL^^f £tAjRZL <*< /I 1 r I i v.i ;.V INDEX TO MANHOOD SUFFRAGE ACTS. \'^ AHSENCK from residence, occasional, 107 AFFII>AV1T of qualification, contents of, llH, 121, 12H ; time for making,' HI. ALIKNS, (liHqualified, lOa, 1'2H. Alibis, receipt of, (liH(|ualilieH, 101, 111. ASSESSiMKNT KOIiL, time for makin<^, 10"), entries on, 115. ASSiiSSOK, liis duties, lllJ-117, a new power •,'iven him, 115, reasonable encjuiriesas to (|nalified voters, 114, aflidavit by 117. BllIHEKY, a dis(iualiticati..n, 10:1. COMPLAINTS, wlien they may be made, 100, 117 ; who may make, IIM. COMMON LAW, francliise under; !»'.M02, disqualifications under, 103. 1)IS(,)UALIF1CATI0NK from votinj^, 10:5, 10'.», 111, 112. 123. FELONS, disqualified. 103, 110. INDIANS, when qualified, 102, 112 ; when not, 112. LAW CLERKS, when qualifieil. 100. LUNATICS, disqualified, 103, ill. MALE PERSONS, qualifications of, for votin<.;, 103, 105 ; disqualifica- tions of, 103 ; I'esidence of, lOHllO. MANHOOD FRANCHISE, a common law risht, 90102 ; qualifications for, 103-108; disqualifications, 103, 110, 112, 123. MINORS, disqualified, 103. MILITIAMAN, compulsory service as, disqualifies, 107. MUNICIPAL ELECTORS, qualifications of, 110. OATHS, under the Manhood Suffrage Act, 114, 121, 123. OCCASIONAL ABSENCE allowed, 107. PENALTY on Registration Officer for neglect of duty, 104, 114. PERSONATION, punishment for, 119. PROPERTY QUALIFICATION abolished, 101 ; except as to Indians and in unorganized townships, 112. RIGHT OF VOTING, what it is, 104. PvEGISTRATION OF VOTERS, law of, 104. RESIDENCE, what is. lt)5, 107. STUDENTS, when qualified. 108-109. UNORGANIZED TOWNSHIPS, qualification of voters in, 112. Thos. Moore & Co.. Printers, 22 & 24 Adelaide Street East, Toronto. irs. 10 for making ir, ' 15, reasonablo ay niiike, lis. ) undor, 103. 2:}. ; disqualifica- qualifications ,114. iS to Indians ,112. 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