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Mope, ptotee. cherts, etc.. mey bo fHmed ot dlffforont reduction retloe. Thoeo too lergo to bo entirely inchided In one ouposuffo ere ffHmod beginning In the upper left liend comer, left to right end top to bottom, ee mony fffomee ee required. Tho ffoHowIng dlogrome Muelreto the method: Lee cortee. ptanchee. tebieeux. etc.. pouvent Atre ffUmdo A dee taux do rdduotton difffarents. Lorsquo to document oet trop grend pour Atre reproirittit en un eeul eHcha. II oet flima A pertir do rongto supArieur goucho. do goucho A droho. ot do hout en bee. en prenent to nombro dimogee nA e e eee lro. Lee dtagrommee solvents Muetront to mAthodo. 1 2 3 1 2 3 4 5 6 t» iS, AOL r ^iHI / DOMINION OF CANADA^' '^ " BY JOHN NOTMAN, ▲ OUBBK IN THE OONTBOYBBTBD BLBOTIONS OFFIOX, HOUSE OV COMMONS. <=^:^^^i Ij-arOi^ y ^ OTTAWA : HUNTBR, ROSB k 00., PUBLISHBRS. 1867* f: f T^ ■'wwp »; I cy, lA^' PEEFACB. ft* In oflferint: this little book to the public, the author has not been actoated by the desire for authorship, by the ex- pectation of profit, or the acquirement of fame, though not incennble to each and all of these. Its sale must be very limited, and therefore precludes the hope of gain, while its contents are chiefly compilation, and may not justify a claim to honor. A presumption that those interested in and connected iriih the intricate working of Contested Elections might be assisted, is the chief plea for its publication. Your obedient serranty JOHN NOTMAN. f <' ,. • / •>■■ '•■>. A SHORT TREATISE ON Cnntrnntrteit ^arliamratiiq f Ifrtinni This little Treatise is diffidently offered for assistance to new and young Members of the House, not designed to supersede the Law, or a careful study of it, but only to exhibit a general view of its scope and policy. A contested election has always been of great importance and interest to the Constituency af- fected, to the Ministry, to Legislators, and to the political world at large ; how necessary then that it be conducted lawfully, equitably, impartially and seriously. The political and party senti- ments and connections of every one of the five Members who try it are almost invariably well known, and their acts are watched with sleepless jealousy, as those of five gentlemen sworn ta do justice. It has been several times proposed that the adjudication upon controverted elections should be vested in an independent tribunal; but the House is unlikely ever to part with so large an element of its rights and privileges. The Controverted Parbamentary Election Act A 6H0ET TREATISE ON &, i has been considered cumbrous and ambiguous, but all late attempts to improve it have been rejected, and it is possible, that if carried out in a consistent manner^ it can be but very little improved. It is but fair to imagine that parties contest- ing an election, and those most intimately con- cerned, should not content themselves with a cursory glance at the Law, or even with one attentive reading. In contesting an election, the first duty of the petitioner is, to procure a Recognizance for the sum of ei^ht hundred dollars. This is necessary for securing the discharge of such costs and expenses as may become payable, and to protect all parties concerned against inconsiderate, ma- licious, and harassing applications to Parliament. See the Aet, section 10. Parties entering into . jcognizances must, at the same time and before the same person, testify upon oath in writing, that thoy possess, seve- rally, sufficient to pay double the clear amount for which they stand bound, after discharging all their just debts, and such affidavit must be endorsed upon, or annexed to, the Recognizance. See the Act, section 12. Every recognizance must be entered into, and Affidavit of sufficiency of surety sworn, before Mr. Speaker, or a Justice of the Peace; and certain persons shall be deemed Justices of the Peace. See the Act, sections 14, 154. It would at first sight seem not difficult to com- ply with such explicit sti^tory requisitions; yet the instances are numerous in which the parties OONTROVBITID ILBOTIONS. 8 have failed to do f o. A flaw Las been suddenly diseovered by an acute opponent, and the petif' tion thrown aside, with all the expense, exertion, and anxiety bestowed upon it^ as well as the many hopes and fears which it has called forth. Every Becoffnizance and Affidavit of sufficiency of surety shoiud be drawn up with the greatest care, as they are open to many fatal objections^ There should be a strict adherence to the pre^ scribed forms. Initials and figures should by no means be used. Marginal corrections are far from desirable^ and if made must be attested. Erasures or interlineations are highly impru- dent, requiring at the very least inconvenience,, rigid proof that such occurred before signature, and that the document had been read to the parties as it subsequently appeared. The party or parties subscribing the petition cannot stand in the Recognizance as surety. When the papers are filed and the petition presented to the House, no corrections can be allowed. The jurat should be written in full, and the party who makes it should give a full and clear account of his office and authority, also of the day and place at which such were taken, and he can only act thus in the locality where he has jurisdiction. Names, surnames, places- of residence, and business or profession of all persons mentioned^ should be in full, with such other description as may be sufficient to identify them easily. See the Act,, section 13. 4 A SHORT TRBATISB ON The words <' taken and acknowledged before me, ut the day and place aforesaid/' £c., signed by a justice of the peace, are considered b suffi- cient certificate of the Recognizance, as required in the Act, section 14. When the Recognizance and Affidavit, or Affi- davits have been duly perfected, they must be delivered to Mr. Speaker, who causes them to be filed in the Controverted Elections Office, and certifies upon the petition about to be presented, his receipt of such. See the Act, sections 14, 17. Money may be deposited with the Chief Clerk of the House instead of giving a Recognizance, and is the most direct and unobjectionable security. See the Act, sections 15, 24. The Chief Clerk's receipt for the money must be delivered to Mr. Speaker, who causes a true copy of it, certified under his hand, to be filed in the Controverted Elections Office, and certifies upon the petition about to be presented, his re- ception of the Clerk's receipt for said money deposited. See the Act, sections 16, 17. After the petition has been endorsed with the Speaker's certificate as to Recognizance or money deposited in lieu thereof, it may be delivered to a Member of the House for presentation. Every " Election Petition" must complain of the undue Election or Return of a Member to serve in Parliament, — or that no return has been made,--K>r that a Double Return has been made, — or of matter contained in any Special Return made ; and it must be subscribed by some per- son or persons who voted at the election, or who " CONTROVBRTBD BLBOTIONS. 5 h).d a rieht to vote at the election, or Dy some person claiming to have had a right to he return- ed or elected at that election, or hj some person alleging himself to have heen a Candidate at that election. See the Act, section 1. There is no precise technical form of a petition prescrihed, nevertheless that instrument requires caVe to frame it. It ought to he prepared with a comprehensive circumspection, and deliberately review the whole facts intended to be inquired into, as well as the evidence by which those facts are to be established. It should be borne in mind that the essence of a petition is a complaint, and the alleged grievance should be distinctly and pointedly set forth, disclosing both persons and facts, as a defendant may bo presumed to prepare himself to answer nothing but what is alleged. The circumstances intended to be relied on ought not to be introduced as a matter of recital, but charged as a matter of complaint. It would not benefit a petitioner to declare that he was a Candidate at the last election, and that the poll opened at ten o'clock in the morning and closed at three o'clock in the afternoon, so long as he did not complain that a wrong Return had been made, or that the short time allowed for polling affected his election. Election Petitions arising out of an Election held in consequence of the expiration or dissolu- tion of a Parliament, must be presented to the House within the first fourteen days of the first Session of the new Parliament. See the Act, sec- tion 2. ' -('.if >AM 6 A flfiOBT TRBATien ON If the Return to an Election bd made on one of the last fourteen days of a Session, then an Elec- tion Petition may be presented within the first fourteen days of the following Session. See the Act, section 3. If the Return to an Election be made whik the House is in Session, and the House continues to sit for fourteen days afterwards, any Election Petition must be presented to the House within such fourteen days. See the Act, section 4. When the Return to an Election is made, and the House in Session, the substance of such Re- turn is reported to the House by Mr. Speaker as soon as possible, and published in the Votes and Proceedings of the House, so that it becomes well known. An Election Petition cannot be presented to the House until the routine business has proceeded so far as to allow of presenting petitions ; but it may be presented at any subsequent period of the day, as a matter of privilege. See the Act, section 5. No meeting of Parliament which does not last for at least fifteen days can be deemed a Session.* See the Act, section 6. Election Petitions containing allegations of bribery or corruption, and specifically alleging payment of money or other reward, by any Mem- ber, or on his account, or with his privity, since the time of the return of the Writ under which such Election was held, may be presented within *Nor is it a Session auless some Public Act has been K'-'K CONTROVBRTBD BLECTIOKS. twenty-eight days instead of fourteen. See the Act, section 7. « No petition can be received as an Election Peti- tion, unless presented to the House vrithln the time limited by law* See the Act, section 8. A petitioner may at any time after the presen- tation of his petition withdraw the same, by send- ing a written Notice under his hand, or ike hand of his Agent, to the Speaker^, and also to the Sitting Idember or his Agent, and also to any party opposing such petition ; but in such case the petitioner becomes liable to the payment of all costs and expenses incurred. See the Act, section 9. It is customary when employing an Agent for conducting the business of the contestation to give him a Power of Attorney, as authority for his action ; and on his first appearance as Agent or Counsel, he files said Power of Attorney, and also a paper of his appearance as such Attorney, in the Controverted Elections Office. The power which petitioners possess of with- drawing their petitions might be often much abused. Petitions might be presented not for the purpose of being tried, but in order that they may be a set-off against other petitions, when it is pro- posed to compromise them. Again, Petitions might be presented in order to temporarily disqualify the most able Members from serving on General Committee of Elections, Chairmen's Panel, or a Select Committee ; there- by causing injuPtice and expense to innocent par- ties, and calculated to bring the proceedings of this branch of Legislature into contempt, as re- /; / 8 A SHORT TREATISE ON^ M hi % stricting the House in the exercise of the power of a^^ministering relief which the law, through the medium of election petitions, was specifically passed to afibrd. Petitions so presented may be considered as avowedly fictitious and illusory, and of a tendency to interfere with the rights of a constituency. . On the day after the last allowed for receiving Election Petitions, generally the fifteenth day of the first Session, and in other Sessions as soon as convenient, the Speaker lays his Warrant on the Table of the House, nominating six Members against whose return there is no petition and none of whom is a petitioner, to be "The General Committee of Elections," and such Warrant must lie three days, liable to the disapproval of the House. See the Act, sections 31, 32, 33. The six gentlemen appointed to form the Gen- eral Committee of Elections are generally selected with a scrupulous regard to political impartiality, and to their qualifications in respect of ability and parliamentary experience, and usually include three Members from the two sides of the House. The next step is to ascertain what Members are liable to be called to serve on Election Com- mittees, and for this purpose, on or next after the fifteenth day of the first Session of every Parliament, an Alphabetical List of all the Mem- bers of the House, distinguishing the name of every Member excused or disqualified from serving Election Committees, and the cause thereof, on is openly read over in the House by the Clerk, and lies on the Table three days for corrections. See the Act, sections 40, 47. CONTROVERTED ELECTION?. 9 This admirable operation is only required in the first Session of every Parliament, but it has been customary to adopt it sessionally, as it gives the most ample and correct means of ascertaining those Members liable for service ; whereas, sup- pose that ten Select Election Committees during the fire t Session reported their cases finally to the House and claimed exemption from further ser- vice for that Session, they with the Chairmen's Panel would amount to over fifty Members of whom there would be no account, as they could not be on the last amended panels. Then suppose the Speaker's Warrant, in the second Session, named Members to form the General Committee of Elections, different from those of last Session, such Committee might have great difficulty in correcting the panels. Every Member having leave of absence from the House, is excused during such leave. A Member may rise in his place and offer any other excuse, the fitness of which is tested by resolution of the House. Every Member who is a Petitioner, or against whose return a petition is pending, is disqualified. Also by reason of having voted at the election in question, or by reason of being the party on whose behalf the seat is claimed, or related to him or to the Sitting Member by kindred or affinity in the first, second, third, or fourth degree, according to civil law. See the Act, sections 44, 45, 62. Consanguinity or kindred, according to civil law, stands thus in Stephen's Commentaries, page 211, vol. 2:— 10 A SHORT TBBATISB ON I;. ml ^SA 1st degree. — ^Father, Bon. 2nd degree.^ — Grandfather, Brother, Grand- son. 8rd degree, — Great-Grandfather, Unck, Nephew, Great-Grandson. 4th degree. — Great-Grandfather's Father, Great-Uncle, Cousin-German, Son of the Nephew or Brother's Grandson. Affinity is relationship by marriage in the same degrees. No Member can be excused who does not claim to be so before ho is chosen to serve, and though the practice of the General Committee of Elec- tions has heretofore been to carefully ayoid put- ting on a Select Election Committee any Minister of the Crown, no doubt presuming as a reason, that they could n jt attend without prejudice to their other and important official duties ; yet, the requirement of the law is, for such to rise in their places in the House, whilst the Alphabetical List lies on the Table for corrections, and to ofier statements of excuse to be considered and resolved upon by the House. It must be desirable to get the panels properly corrected, so that when a Select Committee is once appointed it may go into service without impediment, we might, therefore, suppose the propriety of an excuse being offered by proxy, though no such is mentioned ; for a Member might be confined by sickness and therefore un- able to be in his place and offer an excuse, or to serve on an Election Committee ; or he might be only recovering from a lengthened sickness and in such a precarious state as to fear the confine- m: COTiniROVBBTBD ELECTIONS. ment of a Committee Room, and : ably excused by the House horn If the Warrant nominating th< mittee of Elections be not disap] course of three days, it takes el _^^^ fourth day the Members so appointed are swop at the Table of the House, and Mn appoints the time and place for their first m^ 8ee the Act, sections 31, 39. Though the Law does not recognize a Chair- man nor grant any precedence among the Mem- bars composing the General Committee of Elec- tions, yet it allows them to regulate their own proceedings, and it is customary to appoint the most experienced Member amongst them to be Chairman of the Committee, who presents their Reports, offers Motions, and attends particularly to the requisitions of the Act in connection with the House. Immediately after the General Committee of Elections has been sworn, the Corrected Alpha- betical List of all the Members of the House liable to serve on Election Committees is referred to it, by a motion. See the Act, section 48. All the Election Petitions are referred to the General Committee of Elections, by a motion. See the Act, sect^''>n 63. The General Committee of Elections meet at the time and place appointed by Mr. Speaker, and from the Corrected Alphabetical List they select four, six, or eight Members to serve as Chairmen of Election Committees, to be called "The Chairmen's Panel." The Members then remaining are divided into three panels, each 12 A SnORT TREATISE ON h * m I I i panel containing, as near as may be, the same number of names, and severally marked, A, B, 0. See the Act, sections 89, 48, 49. In chosing Members to compose the Chairmen's Panel, a due regard is had to their parliamentary experience and judicial ability, and this panel may be increased, but cannot at any time consist of more than eleven Members, without the leave of the House first obtained. See the Act, section 62. The Law does not demand that additions to the Chairmen's Panel shall be reported to the House ; still it must be important to give pub- licity to such an action, especially as there is no provision for Members thus added being specially notified that they have been transferred from Members' Panels to Chairmen's Panel ; besides, it has been customary to report such, and can hardly be deemed an impropriety. No business can be transacted by the General Committee of Elections, unless four members thereof be present and unanimously agree to it. See the Act, sections 40, 63. When a vacancy occurs in the General Com- mittee of Elections, the Speaker makes it known to the House at its next sitting, and all proceed- ings of the said Committee are suspended until the vacancy be supplied. See the Act, sections 36,43. Vacancies are supplied and re-appointments made, by Warrant of Mr. Speaker, and in the same manner as the original appointment. See the Act, section 38. The General Committee of Elections and the CONTROVBRTBD BLEOTIONS. IS Chairmen's Panel, are appointed for the Session at farthest, but may be sooner dissolved. See the Act, sections 35, 48, 37. The three Members' Panels, when reported to the House, are shaken together and drawn by the Clerk at the Table, who denotes the order in which they were drawn by the numbers 1, 2, 3. The Panels are then returned to the General Committee of Elections, and from these panels are chosen the private Members of the Select Committees. See the Act, section 49. Till noon of the eleventh day, after a petition has been presented to the House, is allowed for parties defending the Return to enter objections to the Kecognizance. The objections must be in writing, under the hand of the party objecting, or that of his Agent, and delivered to Mr. Speaker, who appoints a day for hearing them argued in his chamber, not fewer than three, nor more than five days from that on which he re- ceived the statement of them, and a notice acknowledging the receipt of objections and the day for hearing them, is conspicuously displayed in the Controverted Elections Office. See the Act, sections 21, 22. If the death of any surety be argued as an ob- jection, it may be overcome by the Petitioner de- positing the amount for which such surety stood bound, and delivering the Chief Clerk's receipt for such deposit to the Speaker, within three days after that on which the statement of such objec- tions was delivered to said Speaker. See the Act, section 24. If the time allowed for filing objections pass 14 A SHOBX TBXATI6S ON 16 ■1 I*! ¥ I ! pi ' without any objections being delivered, Mr. Speaker reports the Recognizances in such cases; to be unobjectionable at the next sitting of the House. See the Act, section 25. On the appointed day, the Speaker inquires into the aforesaid objections, but into those only, and may examine upon oath, or by affidavit all necessary witnesses ; he may adjourn from time to time till he decide on the vali£ty of the objec- tions, when he reports his decision to the House, and from such decision there is no appeal. See the Act, sections 23, 25. The Law does not require the Speaker to give a wiltten judgment as the result of his scrutiny upon Recognizances, but from the importance of the subject to many, he frequently writes his judgment, giving precedent and reason for coming to such a decision. It is difficult, however, to determine how far one should be guided by pre- cedents. One Speaker may think himself justified in judjging strictly in accordance with law, and after much reading and searching for precedents, he may give a judgment which is wondered at, and which he himself acceded to with difficulty. Another Speaker may view things more accord- ing to a feeling of equity without disregard to the requirements of law, and were precedents urged strongly upon him he might give a judgment not quite reconcilable with his own feelings. Counsel generally appears before the Speaker, both to support the objections and to oppose them^ every phase of the matter is therefore likely to be presented, and it might perhaps be as well that CONTROVERTED BLBOTIOKS. 15 the Speaker should judge according to the evi- dence actually before him. The Speaker may, if he think fit, award costs; to either party^ in respect of either making or re- sisting objections to the Recognizance,, which may^ be recovered in the usual way. See the Act^ sec- tion 23. All papers delivered to the Speaker and con- nected with Contested Elections are filed by him in the Controverted Elections Office, and are open to the inspection of all parties concerned or in- terested. See the Act, sections 14, 16, 20, 21, 22, 25. A List is made of all the Election Petitions on which Mr. Speaker has reported that the Recog- nizances are unobjectionable, arranged in the order in which they were so reported, which list is laid before the General Committee of Elections, and the cases are taken up and dealt with according to their order on list. See the Act, sections, 25, 53. When an Election Petition is withdrawn, or the Speaker reports the Recognizance objectionable, the order referring such petition to the General Committee of Elections is discharged by a motion. See the Act, section 53. After the Panels have been made public and a few cases have been reported by Mr Speaker, the General Committee of Elections meet to examine the list of cases so reported on, and generally taking up one-third of the whole number of cases, they determine upon a day for selecting commit- tees to try such, and they report such day and cases to the House at its next sitting. See die Act, section 56. 16 A SHORT TREATISE ON ^i ' ^1 'I; Notice of the time and place at which such Select Committees will be chosen must be pub- lished with the Votes, not fewer th^n eight davs before that appointed for the choosing ; and if the Returning Officer's conduct has been complained of, fourteen days' notice must be given, and such notice sent to him by post. See the Act, section 58. By a little attention to the course of proceed- ings, a Member may always avoid being taken by surprise. He should first examine the panels, which are printed and distributed with the Votes, and by observing the number of that in which his name appears, he may judge how soon it is pos- sible he may be chosen. Panel No. 1 comes first into service, and a new panel in rotation as drawn, comes into service every week in which election committees are ap- pointed ; therefore, if his absence should be un- avoidable during the week in which committees will be chosen from his panel, he should apply to the House for leave of absence. He is also acquainted every Saturday morning by a conspicuous Notice in Friday's Votes, what election committees will be chosen during the en- suing week, from what panel, and on what day ; and if he be on that panel, he should be in readi- ness, in case he should be appointed on any one of the committees. See the Act, section 61. The General Committee of Elections may change the time appointed for choosing a Select Commit- tee, but in every such case they must report forth- with the change to the House, with their reasons for making it, and give notice of it in the printed Votes. See the Act, section 60. OOiriROVBRTBD BLEOTIONS. 17 If at anj time before the appointment of a Select Election Committee, the Speaker be in- formed by a certificate in writing, subscribed by two Members of the House, of the death of any Sitting Member whose election is complained of, or of the death of any Member returned upon a double return and complained of, or if the House have resolved that the seat of any such Member has by law become yacant, or if any such Member deliver to the Speaker a written declaration within fourteen days after that on which the Petition was presented, that he will not defend his Elec- tion or Return ; a notice is immediately sent by the Speaker to the General Committee of Elec- tions, also to the Chairmen's Panel, and also to the Returning Officer ; and such notice must be inserted in one of the next two Canada Q-azetteSy and also communicated by Mr. Speaker to the House. See the Act, section 26, When a Member declines to defend his election or return, he is not allowed to sit or vote, or in- terfere in the business before the House, till the Election Petition against him be decided upon. See the Act, section 28. Any person who voted or had a right to vote at the election to which the notice in the Q-azette refers, may, within tWenty-one days after such notice appears, petition for leave to defend the Return, or to oppose the petition against it, and must be admitted thereupon. See the Act, sec- tion 2'/. While particular legislative provision has been made for the death of the Sitting Member at a particular period, viz., between the presenting of 2 18 A SHORT TRBATISB ON ■1! the petition and the appointment of the Select Committee, none such seems to exist to meet the case of the death of a Sitting Memher during the hearing hefore the Select Committee. Before any such petition for permission to de- fend be presented to the House, a Recognizance must be entered into for the sum of four hundred dollars ; and such Recognizance must be entered into before the Speaker or a Justice of the Peace, and be accompanied by affidavit or affidavits of sufficiency of surety ; and also an affidavit from the petitioner, declaring his belief, that those who have entered into Recognizance for him are fully sufficient ; and such Recognizance is liable to the same objections as in the first case men- tioned, but the validity of the objections is tested by the Select Committee appointed to try the case. Money may be deposited in lieu of Recog- nizance. See the Act, section i9. If in the case of an Election Petition complain- ing of a double return, the Member petitioned against declare his intention not to defend ; and if no party having the right to do so petition for leave to defend, within the time allowed for that purpose, then, if there be no Election Petition complaining of the other Member returned, the last-mentioned Member, or the persons who sub- scribed the petition, may withdraw such petition by letter addressed to the Speaker, and the order referring it to the (jeneral Committee of Elec- tions is discharged, and the return is amended as the House may direct. See the Act, section 30. When notice of death, vacancy, or intention not to defend is given, the General Committee of CONTROVERTED ELBOTIOKS. 19 Elections must suspend their proceedings in the matter, until twenty-one days after that on which such notice appeared in the Canada Qazette ; unless the petition of some person admitted to defend in room of such Member be sooner refer- red. See the Act, section 54. When more than one election petition relating to the same election or return are referred to the General Committee of Elections, they cannot take up the case until the Speaker has reported respecting the Recognizance upon each of such petitions, and when this is done, the petitions are bracketted together and given to the Select Com- mittee as one petition. See the Act, section 55. After the given eight days' notice, the General Committee of Elections meet at the time and p ace appointed, and taking up the first case on the list, any member of the Committee is free to name, from the panel in service, whomsoever he thinks qualified to compose such Select Committee. Sec the Act, section Q'2, The Law provides that at least four of the General Committee of Elections must agree before any such selection be confirmed as an appoint- ment ; however, I have never seen a selection confirmed otlier than unanimously. If any demur was made to a name offered, such name was in- variably laid aside and another taken on which they could all agree. On the day appointed for choosing Select Com- mittees, the Chairmen's Panel meets in a room contiguous to that of the General Committee of Elections. If at such meeting every member of the Chair- 20 A SHORT TREATISE ON .1; Vl I) i I !■ men's Panel be pi^esent, and they be unanimous in their selection of a Member to act as Chairman on a certain election committee, then such selec- tion becomes an appointment ; but if any Mem- ber be absent, or such selection be not unanimous, then the name of each member on the panel is written on a slip of paper, rolled up and put into the Ballot-Box, and one drawn by any Member then present ; and when they have been informed by the General Committee of Elections that four Members have been chosen by them to form such Select Committee, then they communicate the name of the Member unanimously selected or drawn by lot, as the Chairman on such Commit- tee. See the Act, section 64. The parties interested in the selection are called before the General Committee of Elections, and informed of the Members so chosen and to be in- trusted with their case, the parties then withdraw to consider the name?, and they may within one half hour afterwards appear and object to all or any so selected, as being disqualified. See the Act, sections 66, 68. If in the opinion of four members of the Gen- eral Committee of Elections, such objections be valid and substantiated, a ne^ Committee is ap- • pointed ; or if such objections be established against the Chairman, his name is sent back to the Chairmen's Panel, and another selected or drawn. See the Act, sections 69, 70. When four Members and a Chairman have been selected, a notice of the general and special grounds of disqualification and excuse from serving is sent to each Member so selected, and also of --^.- CONTROVERTED ELECTIONS. 21 the time and place for the meeting of the General Committee of Elections on the morrow, and such last-mentioned notice is published in the Votes and Proceedings of the House. See the Act, section 71. On the following day the General Committee of Elections meet pursuant to notice, and if within one quarter of an hour after the time of meeting, any Member appear and prove himself disqualified or ineligible to serve, or that his service would affect the impartial character of the tribunal, then a new committee is chosen ; but if no one appear, or appearing^ fails to prove such, then at the next meeting of the House, the General Committee of Elections report the names so selected to the House, and annex to their Report all Election Petitions relating to the election whose merits are to be tried by such Select Committee. See the Act, sections 72, 73. On the following day, at four o'clock p.m., the five Members composing the Select Committee are sworn at the table by the Chief Clerk, and the petition to be tried by them is referred by a mo- tion, as also the time and place appointed for their first meeting. See the Act, sections 74, 78. If every Member do not attend to be sworn within one hoiir after four o'clock, p.m., on the day of swearing, such absent Member is ordered to be taken into custody by the Sergeant-at-Arms, upon motions to that effect. See the Act, sec- tion 75. If any such absent Member be not brought into the House within three hours after four o'clock, P.M., on the day first appointed for swearing said »■ 22 A SHORT TREATISE ON 11 Hi F« i r V i committee, provided the House sit so long, or if not, then within the like time on the following day of sitting, iL? swearing shall be adjourned by motions to that effect. See the Act, section 76. If on the second day all the members of said committee do not attend, and be sworn within one hour after four o'clock, p.m., or sufficient cause be shewn why such member's attendance should be dispensed with, then such committee is dis- charged and the Petition referred back from the House to the General Committee of Elections, for the purpose of selecting a new committee on the following day. See the Act, section 77. The General Committee of Elections may, as often as they think fit, correct the Panels ; but each time they are so amended they must be re- portel to the House, and printed with the Votes and Proceedings of the House. The Panels are generally corrected every week after committees are chosen. See the Act, section 60. The Select Committee, when constituted, meet at the time and place appointed, and proceed to try the merits of the petition referred to them, and they cannot adjourn for more than twenty- four hours — Sundays and Statutory holidays excepted — ^without leave asked and obtained from the House, upon motion and special cause assigned ; and if the House be sitting at the time to which such Select Committee is adjourned, then the business of the House is stayed, and a motion made for a further adjournment, for any time to be fixed by the House. See Act, section 79. When Select Election Committees have been Nli CONTROVERTED ELECTIONS. 23 sworn, and it is desirable that they should meet at six o'clock on that same evening, such meet- ings are effected by Motion. When the hour for Select Election Committees to m^et has arrived and the House at that hour is in Session, the meetings have been effected by Motion for adjournment of House for ten minutes, to enable Select Election Committees to meet 'pro forma. When leave for an adjournment has been ashed of and obtained from the House, for any Select Election Committee, it is necessary to make a Motion to that effect, and meet, when the Chair- man informs the Committee that the leave for adjournment asked for the House has been granted, and he declares the Committee now ad- journed until the time granted shall expire. When it is intended to enter on a scrutiny, the parties on each side, those complaining of as well as those defendmg the election, are required to deliver to the Chairman of the Select Committee, lists of the voters intended to be objected to, under proper heads of objection, at any time be- fore six o'clock P.M. of the day appointed for the first meeting of the Committee. See the Act. sections 80, 81. The heads of objection are generally as follows, though it is well to be correct in respect of des- cribing each particular voter : 1. Voted in a wrong capacity as Proprietors. 2. Voted in a wrong capacity as Occupants. 3. Voted in a wrong capacity as Tenants. 4. Objected to as unnaturalized Aliens. 24 A SHORT TREATISE ON * :| '! i' 5. Objected to on account of bribery and cor- ruption. 6. Objected to as infants or under age when voting. 7. Objected to as voting while unregistered. 8. Objected to as being partners in business and joint tenants, but separately nonsuf ficient. 9. Objected to as having voted oftener than once. The list of voters intended to be objected to is a document of equal importance with the Petition, and requires great care in the preparation. The fate of an Election Petition may depend upon a single vote, and that again exclusively upon the sufficiency with which an objection to it is indi- cated on the list. It is necessary first to consider whether a proposed objection be a valid one in point of law, and whether in point of fact it can be sustained by evidence; secondly, to specify and distinguish it againsi; the Voter's name in the list, and these involve correctness in the manner and description of the Voter, and especially in respect of his number in the Register, together with a pointed and precise statement of the objec- tion intended to be insisted on. It is right to go before the Committee prepared with all proper documents and instruments of evidence ; not only with lists of votes objected to, but a copy of As- sessment Boll, Voters* Register signed by the officer in charge of it. Poll-books, and any other that might assist the scrutiny or afford informa- tion to the Select Committee when required. When a Select Election Committee meets for CONTROVERTED ELECTIONS. 25 or- len the first time, the Chairman generally sends a notice to the Clerk of the Crown in Chancery for production of Poll-books, and such production is considered primd facie evidence of their authen- ticity. The Select Committee may regulate their own proceedings in such a manner as is most conducive to the ends of justice ; but their chief duty is to interpret the law and execute its provisions, and no evidence can be given before or received by them, unless included in one of the lists delivered, or in the Petition. See the Act, section 83. A Select Election Committee must never pro- ceed to business till all its Members be present, and if any be absent till one hour after the time appointed for the meeting, a further adjournment is made and repoted to the House, together with the cause thereof, and the absentee is ordered to attend the House at its next sitting. See the Act, section 84. At next sitting, if such absent Member fail to attend and verify upon oath that his absence was caused by accident or necessity, he is taken into the custody of the Sergeant-at-Arms, and dealt with by the House. See the Act, section 85. If, by report of the Sergeant-at-Arms, it ap- pear that such Member is likely to be absent for some days, it is well for some Member of the Se- lect Committee to move that such absent Member be excused from service during indisposition, or as the case may be, so that the scrutiny may pro- ceed and not be damaged by delay. See the Act, section 84. A Select Election Committee is not dissolved h 26 A SHORT TREATISE ON Els. i' ^J.' I'. t ,( i by death, and if the Chairman die, the Committee may elect one of themselves to fill his place ; but if the Committee be reduced to fe'iver than three, it may be dissolved and another appointed, and all the proceedings of the former Committee are void ; nevertheless, if all parties are satisfied, two, or even one, may continue to act and con- clude the trial. See the Act, sections 86, 87. Before any application be made to any Select Election Committee on the part of any Sitting Member concerned, for the issuing of a Commis- sion to take evidence upon the trial, a Recogniz- ance must be entered into as surety for such Sit- ting Member, for the sum of four hundred dollars, and such Eecognizance must be entered into before the Speaker or a Justice of the Peace, and be accompanied by Affidavits of Sufficiency of Surety. Money may be deposited in lieu of Recognizance. See the Act, section 11. A Copy 0^ the Recognizance and Affidavit, or Affidavits, required from such Sitting Member, and certified under the hand of the Speaker, or of the Chief Clerk's Receipt for money deposited, together with an Affidavit from such Sitting Mem- ber as to his belief in the sufficiency of his Sureties, must be delivered to the Committee. See the Act, section 18. Objections may be raised as to Recognizance and Affidavits, and submitted in writing to the Select Election Committee, and all such objections are riei and decided upon by such Select Com- mi ;e. See the Act, section 19. Evory party intending to apply for a Commis- sion of enquiry, must give to the opposite party CONTROVERTED BLECTIO:fs. 27 two full days* notice in writing, of his intention to apply to Select Committee for such Commission. See the Act, section 98. Any Select Election Committee may, whenever it seems fit, appoint a Commissioner to take evi- dence relative to all points at issue before the Committee, and if all parties agree to the appoint- ment of a certain Commissioner, and any such Commissioner be willing to serve, he may be ap- pointed by the Committee ; or if the parties do not agree, or the Select Committee choose to ex- ercise their own judgment, some one of the County Judges of Upper Canada may be appointed, if the case belong to Upper Canada, and his name openly announced for the information of all who may at- tend and be concerned. And such parties inter- ested or concerned may urge objections to such appointment, when, if the objections appear good, the Committee select another Judge to be the Commissioner, and so on till they obtain one un- objected to, or against whom such objections have been overruled. See the Act, sections 97, 99. Tho Act is very explicit as to the person who shall be appointed a Commissioner in Upper Ca- nada, but not so much so in respect to Lower Canada ; the power, however, remains with the Committee, to appoint whomsoever they may agree upon to act as such Commissioner. See the Act, section 99. A Warrant under the hand and Seal of the Chairman of the Select Election Committee charged with the case is then issued, empowering and commanding such Commissioner, under a penalty of four hundred dollars, to repair to the 28 A SHORT TREAIISB ON i^ I l\ If'i P:l f,! ^ -i ;, .1 Electoral Division under consideration, on a cer- tain day named in the said warrant, but not fewer than fourteen nor more than twenty-one from the date of his Commission, to examine all matter and things now referred to him. See the Act, sec- tion 99. In the event of such Commissioner dying or becoming incompetent or unable to act under such Commission, a new Commissioner is appoint- ed with like powers as the person first appointed, who completes the evidence partially taken, or takes the whole anew, as the order from Com- mittee may direct. See the Act, section 100. Every such appointed Commissioner may punish for contempt against him and his orders in the same manner as if he sat in his own Court, but an appeal may be made to the Select Committee controling the subject. See the Act, section 101. Every such Commissioner may appoint another County Judge or Barrister-at-law to sit for him and act as Judge while he is executing the Com- mission; and such instrument of appointment must be executed in triplicate, the Judge, now Commissioner, files one in the County Court, delivers a second to the person appointed by him, and transmits the third to the Provincial Secre- tary for the information of the Governor, who may annul such, and appoint another person if he chooses to do so. See the Act, sections 102, 103,104. The Commissioner may appoint one or more Clerks to take minutes of his proceedings and evidence given or produced before him, and so many Eailiffs and other Officers as he deems re- K!' CONTROVERTED ELECTIONS. 29 'om- quisite, but no one can be so employed who voted or had a right to vote at such election, without the consent and approbation in writing of all parties interested. S ee the Act, sections 108, 109. Along with Commission are sent to the Com- missioner, true copies of the Election Petition, of the List of disputed votes, and such other docu- ments as the Select Committee may think proper; and such are conveyed by Post. See the Act, section 111. Immediately after the completion of these pro- ceedings the Chairman of the Select Committee reports the same to the House, and asks permis- sion for the Committee to adjourn until the Speaker, by his Warrant, may direct it to re- assemble, and such being granted, the Committee adjourns accordingly. See the Act, section 112. On the day appointed in Warrant, the Com- missioner opens his court at the place assigned, by reading all the papers he has received from the Chairman, he then takes and subscribes his oath of office in the presence of the parties in- terested who may attend. See the Act, section 113. The Commissioner must sit every lawful day from 10 A. M. till 4 p.m., and cannot adjourn ex- cept by the written consent of all parties, or their Agents, or permission of the Select Com- mittee; nor can he omit such daily sittings, except in cases of sudden accident or necessity, forthwith specially reported to the Select Com- mittee, and verified upon oath of such Commis- sioner and his Physician, or by a party cognizant of the facts, and made before a Justice of the r \ 80 A SHORT TREATISE ON g ,'•.- t'i 'I' J I Peace, and such omission otherwise incurs a pen- alty of one hundred dollars per day forfeited by such Commissioner. See the Act, sections 114, 116. . Such special report is considered by Committee when a new Commissioner may be appointed if necessary ; and in the event of the death of a Commissioner, a special report and return of all proceedings had and taken by such Commissioner may be made by the Clerk on Commission, if such action be not objected to by those concerned and interested. See the Act, section 116. The Commissioner may from time to time ad> journ to other places more convenient for examin- ing witnesses and scrutinizing the rights of voters, within the Division, and at all times send for persons, papers and records relating to the trial ; and the Clerk must give true copies of all pro- ceedings to such as may demand them, at the rate of ten cents for every hundred words ; and within ten days after the close of Commission, he is re- quired to make a true copy of the whole, which the Commissioner sends through the Post, under seal, to the Speaker of the House, who accordingly communicates such receipt to the House. But as this may sometimes be impracticable on account of the quantity of evidence, such Commissioner may, in such cases, transmit such copy with all convenient despatch, and at the same time assign the reason for delay, all of which is subject to the investigation of the Committee, and may be re- ported on to the House. See the Act, sections 118, 119, 125. No Barrister or Counsel can be allowed to plead CONTROYERTBD BLE0TI0N6. 81 or interfere before the Commissioner, and if evi- dence be tendered which the Commissioner con- siders exceptional, such evidence may be taken de bene esscy along with the objections to it, and the Select Committee determines as to its relevancy See the Act, sections 120, 121. Within two days after the copy of the proceed- ing before the Commissioner has been received by Mr. Speaker, a Warrant is issued under his hand and seal, directing the Select Committee in charge of the case to re-assemble and meet again on a certain day mentioned, within the space of four- teen from the date of such Warrant, provided Parliament be then sitting, and in case Parliament be not then sitting, to meet on some day within one month after the commencement of the next Session ; and on such, day the Committee meets again and takes the proceedings had by Com- missioner into consideration, but no further evi- dence either written or parole can be admitted, except the power to do so has been specially reserved; but Council may be heard as to the effect of evidence received. See the Act, section 122. The Speaker upon issuing his Warrant for the re-assembling of the Select Committee, causes a notice of such to be published in the Canada Gazette, and also to accompany the Votes and Proceedings of the House until the day of meeting. See the Act, section 124. From the 122nd section of the Act it is clear, that within two days after receipt of the copy of Minutes of Proceedings had before the Commis- sioner, the Speaker is expected to issue his War- 82 A SHORT TRBATISB ON ii! J i rant re-assembling the Select Committee charged with the case; and if he receive such Return during the Recess «of Parliament and before a day has been appointed for re-opening Parliament, the best way mieht be to re-assemble such Committee on the eighth day after the commencement of the next Session to be holden next after date of said Warrant, or at least on some day reckoned weekly from that on which Parliament may be re-opened, for Parliament has no chance to be opened on a Sunday or Statutory holiday, nor would that day reckoned weekly be a Sunday, and a little fore- thought would determine whether it would be a holiday. The Select Committee may direct any further or other Warrant to Commissioner, directing him to resume his sittings for further proceedings in the trial, or may send to him for all or any books, Eapers and records produced in evidence before im as Commissioner. See the Act, sections 126, 127. All questions as to the sufficiency or regularity of any proceeding regarding the trial and disposal of an Election Petition, are wholly judged of and determined by the Select Committee, and not by the House. See the Act, section 155. When the Select Committee meets to consider the proceedings had before the Commissioner, it is customary to examine first all cases alleging bribery or corruption ; because one such case fully proven to a majority of the Committee, renders it unnecessary to proceed further. If a Principal give or promise even a sandwich and a glass of wine, before, during, or immediately after the OONTBOVERTBD ELECTIONS. 88 Eklv led, Election, to one of his voters; or if such be done by an Agent, with or without the knowledge and direction of the Principal, it has rendered void the election of such Principal. The next class generally taken into considera- tion is that of ^. liens ; because it is the least dif- ficult to decide. The other classes are taken according to apparent convenience. Though the same name should appear more than once under a little difference of orthography, it is held the same so long as idem Bonantia, When any doubt exists as to qualification of a voter, it is generally given in favor of the fran- chise. The Poll-books are held by Select Committee as the conclusive evidence of every vote, so that it would be vain to argue that a vote recorded for A, should have been recorded for B. Equally vain is it to argue that in c?iscrepancies between Poll-book and Kegister, the fault has been with Poll Clerk ; every vote is held by its description on Poll-book. A vote is considered bad and struck off by Committee when there is proof of its having been given under a corrupt influence, i, e,, under re- ward or expectation of reward, though neither from Candidate nor his Agent. An innocent Candidate should not be at the mercy of a guilty third person who might from malevolent motives corrupt an elector, but neither should he have the "benefit of a vote which the law declares no vote. Proof of agency has always been a great dif- ficulty, but it is generally held that there is no 3 84 A SHORT TREATISE ON u I 1" t difference between an implied and an express agency, except as to the mode of substantiating it. An express agency is proved by an actual agreement or appointment; an implied agency, by the general course of dealing between the par- ties; such as being more or less frequently, dur- ing the election, in company with the Candidate ; canvassing for him ; attending more or less fre- quently at his committee-rooms, and assisting in the general business of the election; referring voters or others concerned to the Candidate, who sees them without objection ; or having such per- sons referred to him by the Candidate. When the Commission has been a joint one ; viz., evidence taken in support of the Sitting Member as well as in support of the petition, it is customary to scrutinize the votes for Sitting Member till the petitioner is in a majority of five ; then the Sitting Member reduces the peti- tioner's poll till t3 iittains a majority of five, and so they continue alternis vicihiis to strike off voters until one is exhausted. The enquiry into each vote is a separate oase, and is opened, answered, and decided upon by itself. In the scrutiny of proceedings had as to Aliens every foreigner, to become naturalized, must have taken and subscribed the necessary oaths of resi- dence and allegiance before a Justice of the Peace, have received from him a certificate of residence, and procure the same to be filed of record by the Clerk of the Peace, and have received from said Clerk a certificate of Naturalization. See Con- solidated Statutes of Canada, 22 Vic, cap. 8. CONTROVERTED ELECTIONS. B5 •ess ing ;ual Dar- ur- te; re- in The Select Committee always requires the best evidence of which the nature of the particular case before them is susceptible. Whenever the absence of primary evidence is satisfactorily accounted for, secondary evidence may be given. Hearsay is not evidence, and is not receivable in judicial investigations. This has been a funda- mental principle ever since the time of Charles IL A vote is presumed to be a valid one until im- peached by evidence, and it is incumbent on the party making objections to prove them. Whenever any Select Election Committee think it necessary to deliberate among themselves, they may clear the room ; and all questions before the Committee when consisting of more than one mem- ber, are decided by a majority of voices, the Chairman has a second or casting voice when the votes are equal, and no member is allowed to re- frain from voting on any question ; and whenever a division takes place on any question, the Yeas and Nays are recorded in the minutes, and along with the question which caused such division, are appended to the final report of the Committee and presented to the House. See the Act, sec- tions 88, 89, 90. Every Select Election Committee must try the merits of the Election complained of, and deter- mine by a majority of voices whether the Sitting Member, or any, and .That other person was duly returned or elected ; or whether the election be* void, or whether a new Writ ought to issue ; and such determination is final between all parties^ and such determination being reported to the 36 A SHOKT TREATISE ON ■if i\ ri! House, is entered in the Journals, and the neces- sary directions given for altering or confirming the Return. See the Act, section 94. Every Member who has served on one Election rth in the Schedule to this Act annexed marked ii (1), with such alterations as are necessary to adapt such form to the circumstances of the case. 11. Before any application shall be made to any Select Election Committee appointed under this Act, on the part of any Sitting Member interested or concerned in any such Election Petition, for the issuing of a Commission to take evidence upon the trial thereof, a Recognizance shall be entered into by one, two, three or four persons as sureties for such Sitting Member, for the sum of four hun- dred dollars in one sum, or in several sums of not less than one hundred dollars each, for the pay- ment of all costs and expenses which under the provisions herein contained may become payable by such Sitting Member to any Commissioner ■M t . : 46 THE ACT RESPECTING ■1^. Hi !'■<■ ; i ill I appointed for takins such evidence for such trial, or to any Clerk, Bailiff or other Officer employed by such Commissioner in or about, or in any way relating to the execution of such Commission. 2. Such Recognizance shall be entered into before the Speaker or a Justice of the Peace, as is herein provided, with respect to other Recog- nizances to be entered into under this Act, and shall be accompanied by Affidavits of the suffi- ciency of the sureties as is provided with respect to the same, or a deposit of money may be made in lieu of such Recognizance, or a deposit of money in lieu of some part of the amount required to be so secured, and a Recognizance for the residue thereof shall be made and entered into as is here- by provided with respect to such other Recogni- zance ; — and such Recognizance may be in the form or to the like effect as is set forth in the Schedule to this Act annexed marked A (2), with such alterations as are necessary to adapt such form to the circumstances of the case. 19. Any person who enters into any such Re- cognizance shall testify upon oath in writing, to be sworn at the time of entering into the said Recognizance, and before the same person by whom his Recognizance is taken, that he is seized or possessed of real or personal estate (or both) above what will satisfy all his just debts, of double the clear value of the sum for which he is bound by his said Recognizance ; — and every such affi- davit shall be endorsed upon or annexed to the Recognizance, and such Affidavit may be in the form or to the like effect as is set forth in the Schedule to this Act annexed marked A (4), with CONTROVERTED ELECTIONS. 4T led (ay ito as such alterations as are necessary to adapt such form to the circumstances of the case. 13. In every such Recognizance and affidavit of sufficiency of sureties, shall be mentioned the christian and surnames in full, and the usual places of residence or business of the persons be- coming sureties as aforesaid, with such other description of the sureties as may be sufficient to identify them easily. 14. Every Recognizance hereinbefore re- quired, shall be entered into, ard every Affidavit of sufficiency of sureties hereinbefore required shall be sworn, before the Speaker of the House to which the Election Petition is to be presented, or a Justice of the Peace ; and the said Speaker, and also every Justice of the Peace, may take th ame ; And every such Recognizance and iif- fi t taken before a Justice, being duly certi- fied under the hand of such Justice, shall be de- livered to the said Speaker, who shall thereupon cause the same, as well as all such Recognizances and Affidavits taken before himself, to be filed in the office of the Chief Clerk of the said House, for the information of the House and its Com- mittees, and of all parties concerned or interested in the same. l«5. Any person by whom an Election Petition is signed, or any such Sitting Member by whom an application for the issue of a Commission to take evidence as aforesaid is about to be made, may, instead of procuring a Recognizance for the amount or the full amount of the sums of eight hundred dollars and four hundred dollars respec- tively hereinbefore required for such purpose, i 48 TBH ACT BESPECTING my '1^ ■i- Eirii "!.'■ paj into the hands of the Chief Clerk of the House to which such Petition is presented, or to he pre- sented, for tlic like purposes for which such Be- cognizance is hereinbefore required, either the whole or any part of such eight hundred or four hundred, dollars, as the case may be, which he thinks fit, not being less than two hundred dol- lars ; — and in such case such person shall, if the whole of such sum be paid in, be required to find no sureties for such purpose, and if a part only of such sum be paid in, he shall then be required to find sureties for so much only of the said sum of eight hundred dollars or of four hundred dollars respectively, as the sum paid into the hands of such Chief Clerk as aforesaid falls short of such eight hundred dollars or four hundred dollars, as the case may be. 2. Every sum so paid into the hands of such Chief Clerk as aforesaid, shall bo carried by him to the credit of an account to be opened by him with thv Speaker of the said House by his name of office, and shall be paid out by such Chief Clerk for the time being, from time to time, in discharge of such Warrants as may from time to time be issued for that purpose upon him by the Speaker of the said House for tho time being, in pursuance of the provisions of this Act ; and the said Chief Clerk shall preserve in his books a remembrance of the Petition upon which every such sum of money has been paid into his hands as aforesaid, as the ^ame has bo^en stated by the party paying in the same, and shall grant to such party a receipt or certificate for the same. 16. No money shall be deemed, for the purposes CONTROVERTED ELECTIONS. 49 ouse of this Chapter, to hare been paid into the hands cf such Chief Cierk until such receipt or certifi- cate is procurer! and delivered to the Speaker of the said House, who shall thereupon cauGc a copy of the same, certified under his hand, to be filed in the office of the Chief Clerk of the said House for the information of the House and its Commit- tees, and of all parties concerned or interested in the same, and shall thereupon re-deliver the ori- ginal of such receipt or certificate with a Memor- andum under his hand of the same having been delivered to him according to the provisions of this Act, to the party by whom the same was so delivered to him, as aforesaid. 17. No Election Petition shall be received un- less, at the time it is presented to the House, it be endorsed with a certificate under the hand of the Speaker of the said House, that the Kecogniz- ance hereinbefore required has been entered into and received by him, with the required Affidavit of sufficiency of sureties thereunto annexed or en- dorsed, — or that the Chief Clerk's receipt or cer- tificate for the amount of such Recognizance has been delivered to him, — or that a Recognizance with Affidavits of sufficiency for part, and the Chief Clerk's receipt or certificate for the residue of such amount, has been so delivered to him as aforesaid. 18. No application shall be entertained by any Select Election Committee under this Act, on the part of any Sitting Member interested or con- cerned in any such Election Petition, for the issue of any Commission to take evidence upon such trial, unless, at the time of such application there 4 m THE ACT KESPECTIKG h: m iif-; ■ m M U: :i ■ shall be produced to such Select Committee copies, — certified under the hand of the Speaker or the Chief Clerk of the House to which the Election Petition in the case is presented, to be true copies of the same, — of the Hecognizance herein required, to be entered into on behalf of such Sitting Mem- ber, — of all Affidavits by which the suflSciency of the sureties in such Recognizance has been esta- blished, — or of the Chief Clerk's certificates of the deposit of money in lieu of such Recognizance or of such Recognizances and Affidavits for any part of such amount, and of the Chief Clerk's certifi- cates for tie residue thereof, as the fact is, — to- gether with an Affidavit from such Sitting Member that he is acquainted with the persons who have entered into such Recognizance, if any have been given as aforesaid, and that he has reason to be- lieve, irrespective of having the same sworn to by such persons, and that he does verily believe that such persons are worth the amounts respectively stated by them in their said Affidavits of suffi- ciency respectively ; — And every such Recogni- zance shell have the same requirements as to the names and description of parties and the manner of taking the same, as is hereinbefore provided with respect to the Recognizances required of Petitioners. 19. In case, at the time of any such application en the part of the Sitting Member for the issue of any such Commission as aforesaid, it shall be objected on the part of the Petitioners in such Election Petition, that the sureties of such Sit- ting Member, or any of them, are not really worth the amounts stated in their Affidavits of suffi- CONTROVERTED ELECTIONS. « cienoy respectively, — or that such Recognizance is objectionable upon similar grounds to those hereinafter mentioned in the twcnty-first section of this Act, or any of them, or any other that shall appear to such Select Committee to require explanation or correction, — such Select Com- mittee may, if upon hearing the parties they deem it just to do fo, give time to such petitioner to make good such objection, and make such ordeis from time to time as to the same, and as to the putting in of new Recognizances or a deposit of money in lieu thereof, or part thereof, and as to the justification of the sufficiency of the persons entering into any such Recognizances, — as to such Select Committee shall appeal y^^c in the premises. 2. And all such orders shall be binding upon the parties interested or concerned in such Elec- tion Petition, and the neglect of any party to obey the same shall be attended with such conse- quences in respect of the sam3, and the p >secu- tion or defence of his case before such jS elect Committee, and the payment of costs to the party or parties inconvenienced or delayed, — which shall be taxed and recovered as hereinafter pro- vided for ihe costs and expenses of prosecuting or opposing Election Petitions, — as such Election Committee thinks fit or proper to order and direct in that behalf ; — or the payment of such cost and expenses may be made a condition to allowing the party to proceed with his prosecution or defence if such Select Committee think fit so to order and direct. 3. But, nevertheless, no such Sitting Member it'', I'; ■!':! 4 52 THE ACT BESPEOTIKG m I* lW 'Hi, I ... 6,-. 'I shall obtain the benefit of any evidence taken on his behalf under any such Commission, until he has perfected the security hereby required in that behalf, cither by Recognizance or deposit as hereinbefore provided, and has obtained an order of such Select Election Committee allowing the same as sufficient. ftO, On or before the day when any such Petition is presented to the House, or when notice of the intention of any Sitting Member to *pply to the Select Commit'^ee for the trial of such Election Petition for the issue of a Commis- sion to take evidence upon such trial, has been served ou the Petitioners,- -the names and des- <5riptions of the sureties, where there are sureties, as set forth in the Recognizance, and the amount of the Chief Clerk's receipts or certificates of deposits in lien '>f the Recognizance, shall be en- tered in a book to be kept by the Chief Clerk of the House in his office, and the said book and also the Recognizances and Affidavits, and the Chief Clerk's said receipts or certificates, shall be open to the inspection of all parties concerned. 31. Any Sitting Member petitioned against, or any Electors petitioning and admitted parties to defend the election or return, may object to any such Recognizance on the ground that the same is invalid, — or that the same was not duly entered into or received by the Speaker, with the affidavit thereunto annexed or endorsed as here- inbefore required, — or on the ground that the sureties or any of them are insufficient, or that a surety is deapl, or that he cannot be found or as- certained for want of a sufficient description in CONTROVERTED ELECTIONS. 53 le the Recognizance, — or that a person named in the Recognizance has not duly acknowledged the same : 2. Provided, firstly, that the ground of ohjec- tion shall he stated in writing under the hand of the objecting party or his agent, and shall bo delivered to the Speaker of the House, within ten days, or not later than twelve o'clock at noon of the eleventh day after the presentation of the Petition ; 3. Secondly, that if such eleventh day happen? to be on a Sunday or other Statutory holiday, such notice of objection may be delivered to the Speaker not later than twelve o'clock at noon of the following day, or of the first day thereafter which shall not be a Sunday or Statutory holi- day; 4. And, thirdly, that the Speaker shall there- upon cause the said objection to be forthwith filed in the office of the Chief Clerk of the House, for the inspection of the House and its Commit- tees, and of all parties concerned or interested in the same. 33. As soon as any such statement of objection is received by the Speaker, he shall cause the Chief Clerk of the House to put up an acknow- ledgment thereof in some conspicuous part of his office, and shall appoint a day for hearing such objections, not less than three nor more than five days from the day on which he received such statement ; and the Petitioner and his agent shall be allowed to examine and take copies of every such objection. 33. At the time appointed, the Speaker shall 54 THE AOT RESPECTI!?G pi"' Ml 411 I* i -I' I; enquire into the alleged objections, on the grounds stated in the notice of objection, but not on any other ground ; And for the purpose of such en- quiry, he may examine upon oath any persons tendered by either party for examination by him, and may also receive in evidence any affidavit relating to the matter in dispute before him, sworn before him, or before any Justice of the Peace ; — And the said Speaker may, if he thinks fit, ad- journ the said enquiry from time to time until he decides on the validity of such objection, and he may if he thinks fit, award costs to be paid by either party to the other, which costs shall be taxed and recovered as hereinafter provided for the costs and expenses of prosecuting or opposing Election Pe- titions : And the decision of the Speaker shall be final and conclusive against all parties. 34. If any surety dies and his death is stated as a ground of objection before the end of the time allowed for objecting to Recognizances, the Petitioner may pay into the hands of the Chief Clerk of the House, on the account of the Speaker, the sum for which the deceased surety was bound ; and upon the delivery of the receipt or certificate of the said Chief Clerk for such sum to the Speaker, within three days after the day on which the statement of such objection was delivered to the said Speaker, the Recognizances shall be deemed unobjectionable if no other ground of objection thereto be stated within the time before mentioned for stating objections to Recognizances. 2tl. If the Speaker has received any statement of objection to the Recognizances of any such Election Petition, and has decided that such Re- . CONTROVERTED ELECTIONS. 55 Is IS rit rn cognizances are objectionable, he shall forthwith report to the House that such Recognizances are objectionable ; — but if he has decided that such Recognizances are unobjectionable, or if he has not received any such statement of objection, then, as soon as the time hereinbefore allowed for stating any such objection has elapsed after the presen- tation of the Petition, or as soon thereafter as he has decided upon the statement of objection, he shall report to the House that the Recogni- zances to such Petition are unobjectionable ; and every such report shall be final and conclusive to all intents and purposes ; — ^And the Chief Clerk of the House shall make out a list of all Election Petitions on which the Speaker has reported to the House that the Recognizances are unobjec- tionable, in which list the Petitions shall be ar- ranged in the order in which they are so reported upon ; and a copy of such list shall be kept in the office of the said Chief Clerk, and shall be open to the inspection of all parties concerned or in- terested in the same. 3.— ADMISSION OF PARTIES TO DEFEND. 36. If at any time before the appointment of a Select Committee, as hereinafter provided, to try any Election Petitioii, the Speaker of the House to which such Petition is presented is informed by a certificate in writing, subscribed by two of the Members of such House, — of the death of any Sitting Member whose election or return is com- plained of in such Petition, — or of the death of any Member returned upon a double return, whose 56 THE ACT RESPECTING I fir- If- m i> is Si' ■i election or return is complained of in such Peti- tion,— or if the said House has resolved that the seat of any such Memher has by law become vacant,^-or if the House be informed by a decla- ration in writing, subscribed by any sucn Member and delivered to the Speaker within fourteen days after the day on which the Petition was presented, (whether such fourteen days or any of them occur during a Session of Parliament or during a pro- rogation thereof,) that it is not the intention of such Member to defend his election or return, — in e^ery such case notice thereof shall immediate- ly be sent by the fc'peaker to the General Com- mittee of Elections, and to the Members of the Chairmen's Panel hereinafter mentioned, and also to the Sheriff or other Returning Officer for the Electoral Dr 'sion to which such Petition relates; — and such {Sheriff or other Returning Officer shall cause a true copy of such notice to be affixed in some conspicuous place in or near to the place where the nomination for such election was held ; — and such notice shall also be inserted bv order of the Speaker, in one of the next two government Official O-azetteB of the Province, and shall, as soon as may be, be communicated by him to the House. 37. At any time within fourteen days after the day on which any Election Petition was present- ed,— or within twenty-one days after the day on which any notice was inserted in the Gazette to the effect that the seat is vacant," or that the Mem- ber returned will not defend his election or re- turn, — or if either of the said periods expire dur- ing a prorogation of Parliament, or during an ai- i CONTROVERTED ELECTIONS. 67 i journment of the Hoase to which such Petition was presented for any period exceeding seven full days exclusive of the day of adjournment and the day of meeting according to such adjournment, and if he has not done so before, then on the first day on which the House meets after such proro- gation or adjournment, provided the said House shall on such first day have entered upon and sone through with that head or division of the daily routine of the business thereof which consists in the presenting and bringing up of Petitions, — and if the said House, in such last-mentioned case has not entered upon and gone through with such head or division of the said daily routine of such first day, then, and in every such case, upon the first day thereafter upon which the said House has entered upon and gone through with such head or division of the said daily routine as afore- said, — ^Any person who voted or had a right to vote at the Election to which the Petition relates, may petition the said House, praying to be ad- mitted as a party to defend such return, or to op- pose the prayer of such Petition ; and such per- son shall thereupon be admitted as a party, to- gether with the Sitting Member if he be then a party, again .t such Petition, or in the room of such Member if he be not then a party against the Petition, and every such Petition shall be re- ferred by the House to the General Committee of Elections hereinafter mentioned : 2. Provided, nevertheless, that nothing herein contained shall preclude the presenting or bring- ing up of such Petition of any such party during any part of any day on which such Petition might : r. hi 58 THE ACT RESPECTING ■'if ■ Ai ^ urn (Sji J I'll. '■*(■ li m m be presented as is provided by the fifth section of this Act respecting Election Petitions. 38. Whenever the Member whose election or return is so complained of in such Election Peti- tion, has given notice as aforesaid of his intention not to defend the same, he shall not be after- wards allowed to appear or act as a party against such Petition in any proceedings thereupon, and he shall also be restrained from sitting in the House, or voting therein on any question, until such Petition has been decided upon. 90, Before any such Petition for permission to defend shall be presented to the House, a Re- cognizance shall be entered into on the part of such Petitioner by one, two, thrv^e or four per- sons as sureties for the persons subscribing such Petition, for the sum of four hundred dollars in one sum, or in several sums of not less than one hundred dollars each, for the payment of all costs and expenses which under the provisions herein contained may become payable by the person subscribing such Petition, to any witness sum- moned in his behalf, or to the person subscribing the Election Petition to which such person prays permission to appear for the purpose of defence as aforesaid, or to any person who, upon the ap- plication of such first-mentioned Petitioner for th3 issue of a Commission to take evidence upon the trial of such Election Petition, is appointed a Commissioner for that purpose, or to any Clerk, Bailiff or other Officer employed by such Judge or Commissioner in or about or in any way relating to the execution of the Commission issued to him in that behalf. CONTROVERTED ELECTIONS. w of 2. And such RecognizaDce shall be entered into before the Speaker or a Justice of the Peace as is herein provided with respect to other Re- cognizances to be entered into under this Act, and shall be accompanied by Affidavits of the sufficiency of the sureties as is provided with res- pect to the same, and the same may be in the form or to the like effect as is set forth in the Schedule to this Act annexed marked A (3), with such alterations as are necessary to adapt such form to the circumstances of the case ; or a de* posit of money may be made in lieu of such Re- cognizance — or a deposit of money in lieu of some part of the amount required to be so secured, and a Recognizance for the residue thereof, shall be made and entered into as is hereby provided with respect to such other Recognizance, which shall be accompanied by Affidavits of sufficiency from the sureties, and an affidavit of belief in such suffi- ciency made by such Petitioner for permission to defend, as is hereinbefore provided with respect to the Recognizance to be entered into on behalf of any such Sitting Member as aforesaid. 3. Provided always, nevertheless, that all ob- jections to such sureties or the manner in which they have been put in, shall be heard and disposed of by the Select Election Committee for the trial of such Election Petition, in the same manner and subject to the like powers and provisions, as well respecting costs and the payment and re- covery thereof, as respecting all other matters connected with the enquiry into and allowance of the sufficiency of such sureties, as is herein, pro- vided with respect to the Recognizance hereby ■»w*w»i'fJS« 1 60 THB AOT RESPBOTIVO 1. M- I '! I:'' ¥■■ required to be entered into by any Buoh Sitting Member as aforesaid. 30. If in the case of an Election Petition complaining of a double return, the Member whose return is complained of in such Petition has given notice, as aforesaid, that it is not his intention to defend his return, — and if no party, within the period hereinbefore allowed for that purpose, has been admitted to defend such return, — then if there be no Election Petition complain- ing of the other Member returned on such double return, the last-mentioned Member, or other the persons who subscribed the Petition complaining of such double return, may withdraw such Petition by letter addressed to the Speaker ; and there- upon the order for referring such Petition to the General Committee of Elections shall be dis- charged, and the House shall give the necessary directions for amending the said double return, by taking off the file the indenture by which the person so declining to defend his return was returned, or otherwise, as the case may require. 4. — GENERAL COMMITTEE OF ELECTIONS. 9i.. In the Legislative Assembly, in the first Session of every Parliament, on the first meeting of that House on or next after the fifteenth day of such Session, — and in the Legislative Council in the first Session after the Periodical Election of Councillors, on the first meeting of that House, on or next after the fifteenth day of such Session, and in either House in every other Session, as soon as convenient, after the commencement of CONTROVERTBD BLBCTIONS. 61 at tiie Session, — the Speaker shall^ by Warrant under his hand, appoint six Members of the House against whose return no Petition is then depending, and none of whom is a Petitioner complaining of any election or return, to be Members of a Committee to be called, ^'The General Committee of Elections,'' and every such Warrant shall be laid on the Table of the House, and if not disapproved of by the House in the course of the three next days on which the House meets for the despatch of business, shall take effect as an appointment of such General Com- mittee. 39. If the House disapproves of any such Warrant, the Speaker shall, on or before the third day on which the House meets after such disapproval, lay upon the Table of the House, a new Warrant for the appointment of six Members qualified r»c aforesaid, and so from time to time, until six Members have been appointed by a Warrant not disapproved by the House. 33. The disapproval of the Warrant may be either general in respect of the constitution of the whole Committee, or special in respect of any Member or Members named in the Warrant. 34. The Speaker may, if he thinks fit, name in the second or any subsequent Warrant, any of the Members named in any former Warrant whose appointment has not been specially disapproved by the House as aforesaid. 3tS. After the appointment of the General Committee, every Member appointed shall con- tinue to be a member of the Committee until the end of that Session of Parliament, or until he ::^:-.-..SXtt-"- Qi THE ACT BESPSCTING 1^ 11^^'! M4 m Ij h 1^1 cease to be a Member of the House, or until the General Committee report that he is disabled by continued illness from attending the Committee, or until the Committee b' JBLBOTIONS. 115 ed to try any Election Petition reports to the House that such Petition was friyolous or vexa- tious, the parties, if any, who have appeared before the Committee in opposition to such Peti- tion, shall be entitled to recover from the persons, or any of them, who signed such Petition, the f"ll costs and expenses which such parties have incurred in opposing the same, such costs and expenses to be ascertained in the manner herein- after directed. 130. Whenever such Committee reports to the House that the opposition made to such Petition by any party appearing before them was frivolous or vexatious,- the persons who signed such Petition shall be entitled to recover from the party with respect to whom such report is made, the full costs and expenses which such Petitioners have incurred in prosecuting their Petition ; such costs and ex- penses to be ascertained in the manner hereinafter directed. 137. Whenever no party has appeared before any such Committee in opposition to any such Petition, and such Committee reports to the House that the Election or Return, or the omission or insufl&ciency of a Return complained of in such Petition was vexatious or corrupt, the persons who signed such Petition shall be entitled to recover from the Sit- ting Member, (if any) whose Election or Return is complained of in such Petition, such Sitting Member not having given notice as aforesaid of his intention not to defend the same ; or from any other persons admitted by the House as afore- said to oppose such Petition, the full costs and expenses which such Petitioners have incurred in 116 THB ACT RESPECTING S 3) "*'. i prosecuting their Petition ; such costs and expenses to be ascertained in the manner hereinafter di- rected. 138. If any ground of objection be stated against any voter in any list of voters intended to be objected to as hereinbefore provided, and if such Select Committee are of opinion that such objection was frivolous or vexatious, they shall report the same to the House, together with their opinion on the other matters relating to the 3aid Petition, and the opposite party shall in such case be entitled to recover from the party on whose behalf any such objections were made, the full costs and expenses incurred by reason of such frivolous or vexatious objections ; such costs and expenses to be ascertained in the manner herein- after directed. 139. If either party makes before the said Select Committee any specific allegation wi^ 'i re- gard to the conduct ox the other party or his Agents, and either brings no evidence in support thereof, or such evidence that the Committee is of opinion that such allegation was made without any reasonable or probable ground, the Commit- tee may make such orders as to them may seem fit for the payment by the partv making such un- founded allegation to the other party, of all costs and expenses incurred by reason of such unfounded allegation ; such costs and expenses to be ascer- tained in the manner hereinafter directed. 140. The costs and expenses adjudged by any such Select Coms^ittee as aforesaid, to be paia, or which otherwise may become payable under the provisions of tiiis Act^ to any party prosecut- CONTROVERTED ELECTIONS. 117 ing or opposing or preparing to oppose any Elec- tion Petition, or to any witness summoned to at- tend before any Comniittee, under the provisions of this Act, shall be ascertained in manner follow- ing, that is to say : On application made to the Speaker of the House to which such Petition relates, by any such petitioner, party or witness, for ascertaining such costs and expenses, not later than three months after the determination of the merits of such Pe- tition, or after any Order of the House for dis- charging the order of reference of such Petition to the (xeneral Committee of Elections, or after the withdrawal of any Petition, as hereinbefore provided, — the Speaker shall make an order that the same be taxed, and shall proceed to examine and tax such costs and expenses, and shall report the amount thereof, together with the name of the party liable to pay the same, and the name of the party entitled to receive the same, to the House, — and shall also, upon application made to him, deliver to. the party a certificate signed by him, expressing the amount of the costs and expenses allowed in such Report, with the name of the party liable to pay the same, and the name of the party entitled to receive the same, and such Cer- tificate so signed by the Speaker shall be conclu- sive evidence for all purposes whatever, as well of the amoimt of the demand as of the title of the party therein named to recover the same from the party therein stated to be liable to the payment thereof ; and the party claiming under the same shall, :ipon payment thereof, give a receipt at the 1 ! ! 1 -h ■*' IB »SI 118 THU ACT BESPEOTINa foot of such certificate, which shall he a sufficient discharge for the same.* 141 The Speaker may examine upon oath any party claiming any such costs or expenses, and any witnesses tendered to him for examina- tion, and may receive affidavits, sworn hefore himself, or hefore any Justice of the Peace, rela- tive to such costs and expenses. 143. The party entitled to sucb taxed costs and expenses, or his or her personal representa- tives, may demand the whole amount thereof so certified as ahove, from any one or more of the persons liahle to the payment thereof, and in case of non-payment thereof on demand, may recover the same by action of debt in any of Her Majes- ty's Courts which would have jurisdiction over the same, were it an ordinary debt of a similar amount, — in which action it shall be sufficient for the Plaintiff to declare that the Defendant is in- debted to him in the sum mentioned in the said certificate, — and the said Plaintiff shall, upon filing the said declaration, together with the said certificate and affidavit of such demand' as afore- said, be at liberty to sign judgment as for want of a pica by nil dicit or otherwise, according to the course of the Court in which the action shall be pending, or to have judgment entered or ren- dered in his favor according to the same, and take out execution for the said sum so mentioned in the said certificate, together with the costs of the said action according to due course of law. 2. But the validity of such certificate (the hand- * Suppose a dissolution to take place within three months after termination of a case, and there be no Speaker. 4 1 CONTBOYBRTED ELECTIONS. 119 ufficient m oath ^penses, camina- before e, rela- d costs 'esenta- Teof so of the in case ecover Majes- over imilar ent for is in- e Said upon e said afore- ' want ng to shall Ten- (take 3di m fthe and- onths writing of the Speaker thereunto being duly veri- fied,) shall not be called in question in any Court. 3. And the party so impleaded may, if he thinks fit, put in any defence that he may have to such action, according to law and the practice of such Court. 143. In every case it shall be lawful for any person from whom the amount of such cost and expenses has been so recovered, to recover in like manner from the other persons, or any of them (if such there be) who are liable to the payment of the same costs and expenses, a proportionate share thereof according to the number of pevsons so liable, and according to the extent of the lia- bility of each person. 144. If any person having subscribed an Elec- tion Petition under this Act, or any Sitting Mem- ber, ur any Petitioner admitted to defend such Petition instead of such Sitting Member, neglects or refuses for the space of seven days after de- mand to pay to any witness summoned on his behalf before any Select Election Committee ap- pointed under the provisions of this Act, or before any Judge or Commissioner for taking evidence under this Act, the sum so certified as aforesaid by the Speaker under the authority of this Act to be due to such witness, — or if such Petitioner or other party neglects or refuses for the space of six months after demand, to pay to any party opponent to him upon the trial of such Petition the sum so certified by the Speaker as aforesaid to be due to such party for his costs and expen- ses, — and if such neglect or refusal is, within one year after the granting of such certificate, proved 120 THB ACT BESPBCTING i^< -.!#!. M ]! i to the Speaker's satisfaction by Affidavit sworn before the said Speaker, or before a Justice of the Peace, — ^in every such case every person who has entered into a Eecognizance on behalf of such Petitioner or other party, relating to such Peti- tion under the provisions of this Act, shall be held to have made default in his said Recognizance, and the Speaker of the House to which such Pe- tition related, shall thereupon certify such Recog- nizance into the Superior Court for Lower Can- ada, if such Recognizance has been taken in Lower Canada, or into the Court of Queen's Bench or Common Pleas for Upper Canada, if such Recog- nizance has been taken in Upper Canada, and shall also certify that such person has made de- fault therein. 2. Such certificate shall be conclusive evidence of the validity of such Recognizance and of such default, and the Recognizance, being so certified, shall be ^'alivered by the Clerk of the House, or some person deputed by him for that purpose, in- to the hands of the Chief Justice, or one of the Judges of the Court into which the same shall be so certified by the said Speaker, or into the hands of some officer of such Court appointed by such Court to receive the same, or shall be transmitted by such Clerk through the Post in manner here- inafter mentioned, to the Chief Justice or other Judge of such Court as the case requires, — and in every such case such delivery or transmission of srch Recognizance shall have the same effect as t! the same were estreated or otherwise proceeded upm for the like purpose from or in a Court of Law, according to the Laws of that section of the CONTROVBBTBD ELEOTIOKS. 121 Province in which such Recognizance was so taken as aforesaid, and the course of the Court to which the same has been so transmitted as aforesaid, and tho validity of such certificate (the handwriting of the Speaker thereunto being duly verified), shall not be called in question, in any such Court upon the ground of any matter which had arisen anterior to the date of such certificate. 14tS. For the purpose of transmitting any such Recognizance through the Post as aforesaid, the Clerk of the House, or some other person ap- pointed by the Speaker for that purpose, shall carry such Recognizance under a cover directed to the Chief Justice, or one o( the Judges of the Court into which the same is so certified as afore- said, to the General Post Office of the place where such Recognizance then is with the other Records of the said House, and there deliver the same to the Postmaster or Deputy Postmaster of such place for the time being, or to the person dis- charging the duties of such Postmaster or Deputy Postmaster therein for the time being, who, on receipt thereof, shall give an acknowledgment in writing of such receipt to the person from whom the same is received, and shall keep a du- plicate of such acknowledgment signed by the parties respectively to whom the same is so de- livered. 2. The said Postmaster or Deputy Postmaster, or person performing the duties of such Post- master or Deputy Postmaster, shall despatch every such Recognizance by the first Post or Mail after the receipt thereof, to the person to whom the same is directed, accompanied with 122 THB ACT RBSPEOTINa h ■!* proper directions to the Postmaster or Deputy Postmaster of the town or place to which the same is directed, or person performing the duties of such Postmaster or Deputy Postmaster at such place for the time being, requiring him forthwith to carry such Recognizance, and to deliver the same to the person to whom the same is directed, who or some ofBcer appointed by the Court for that purpose shall give such Postmaster or Deputy Postmaster, or person performing the duties of such Postmaster or Deputy Postmaster, a memo- randum in writing under his hand, acknowledging the receipt of every such Recognizance, and set- ting forth the day and hour the same was delivered by nim as aforesaid, which memorandum shall also be signed by the person receiving the same, and be by him transmitted by the first or second Post afterwards to the said Postmaster or Deputy Postmaster of the office from which the same was so transmitted to him as aforesaid. 146. When it becomes necessary or desirable to proceed upon any such Recognizance in the other section of the Province in which the same was not taken, it shall be lawful, upon filing an ex- emplification of such Recognizance under the Seal of the Court into which the same has been so returned, as provided by the one hundred and forty-fourth section of this Act, to proceed thereon as if such Recognizance had been taken in such other section of the Province and duly returned into the Court in which such exemplification thereof is so filed as aforesaid. 147. If the costs and expenses intended to be secured by any Recognizance instead of which i '3 CONTEOVSBTED ELECTIONS. 128 any moneys shall have been deposited in the hands of the Chief Clerk of the proper House of the Provincial Parliament, are not paid pursuant to the provisions of this Act, all such moneys, or so much thereof as may bo necessary for that purpose, shall be applied in such order of pay- ment as the Speaker of the said House for the time being in his discretion thinks fit, in satisfac- tion of such costs and expenses, or so much thereof as can be thereby satisfied, and thereafter the residue of such moneys, if any, shall be paid to the party by whom or on whose account the same were so deposited as aforesaid. . 148. All moneys received or recovered by reason or in pursuance of the estreating of or otherwise proceeding upon any such Recognizance as aforesaid, shall, after deducting all expenses incurred in respect thereof, be forthwith paid by the proper officer for that purpose into the hands of the Chief Clerk of the proper House of the Provincial Parliament to the credit of the Speaker of the said House by his name of office, and shall be applied in manner hereinafter mentioned, in satisfaction, so far as the same will extend, of the costs and expenses intended to be secured by such Recognizance. 149. Any person who has entered into any such Recognizance may, before the same has been estreated or otherwise proceeded upon as aforesaid, pay the sum of money for which he is bound by such Recognizance into the hands of the Chief Clerk of the proper House of the Pro- vincial Parliament, to the credit of the said Speaker's account, and the Speaker, upon pro- II » 3 ''i '1 '* ■'''. I'^i » fci W\\ ' i-, 'I i ^ ; H-ilif' ; i' : .1- • '4 ;. t 1 1 t ■ i (! '1 !■'■ 1 P |i f ■■'■ m II 1 i iff 1 |l ' 1 1 1 I, 1 124 THE ACT BESPBOTIKG duction to him of a receipt or certificate from the said Chief Clerk for the sum so paid in, shall endorse on the Recognizance in respect of which such money has been so paid in, a memorandum of such payment, and thereupon such Kecogni- zance shall, so far as regards the person by or on whose behalf such money nas been so paid, be deem- ed to be vacated, and shall not afterwards be es- treated or otherwise proceeded upon as aforesaid, as against him, but such Recognizance shall continue to be in force as regards any other person who has entered into the same. I«S0. In every case in which any money is paid into the hands of such Chief Clerk, to the credit of the Speaker's account as hereinbefore provided, a receipt or certificate of the amount so paid in shall be delivered to the Speaker by the person paying in the same, and such money shall in the first place, and in such order of payment as the Speaker in his discretion thinks fit, be applied in satisfaction of all the costs and ex- penses for securing payment of which such Re- cognizance was given, or so much thereof as can be thereby satisfied, and thereafter the residue (if any) shall be paid to the party by whom or on whose account the same was paid in. 10. — MISCELLANEOUS PROVISIONS. Ml. If any Sheriff or other Returning Officer wilfully delays, neglects, or refuses duly to return any person who ought to be returned to serve in Parliament for any Electoral Division in this Province, such person may, in case it has OONTROVBRTBD ELECTIONS. 125 been determined, by a Select Committee appoint- ed in the manner hereinbefore directed, that such person was entitled to have been returned, sue the Sheriff or other Officer haying so wilfully delayed, neglected or refused duly to make such return at his Election, in any of Her Majesty's Superior Courts of Record of original jurisdiction for Lower or Upper Canada, and shall lecover double the damages he has sustained by reason thereof, together with full costs of suit, provided such action be commenced within one year after the commission of the act on which it is ground* ed, or within six months after the conclusion of any proceedings in the proper House of the Pro- vincial Parliament relating to such Election. 199, All pecuniary penalties in and by this Act imposed, may be recovered, with full costs of suit, by any person suing for the same by action of debt in any Court in this Province having jurisdiction to the amount of such penalties re- spectively ; and it shall be sufficient for the Plaintiff to declare that the Defendant is indebted to him to the amount of the penalty sued for, by virtue of this Act. Itl3, Every indictment, information or action for any offence against this Act, or any forfeiture incurred under the same, shall be found, filed or commenced within one fyear after the commission of the fact on which such indictment, information or action is grounded, or within six months after the conclusion of the proceedings in the proper House of the Provincial Parliament, relating to the Election Petition on the trial of which such fact arose, and not afterwards. THB ACT RBSPBOTING 1^4. All Mayors and Aldermen of Cities and all Mayors, Town Reeyes and other Heads of any of the Municipal Corporations in this Province, and other the like persons, as well as all other persons having by Statute for the time being ea;- officio Magisterial power in any part of this rro- vince, shall, within the limits of their jurisdiction in that respect, be and be held to be Justices of the Peace within the meaning of this Act. 155. All questions as to the sufficiency or regularity of any proceeding had, taken or fol- lowed, by either House of the Provincial Parlia- ment, — or by the Speaker, Clerk or other Officer thereof, — or by the Select Committee, appointed for the trial of any such Election Petition, or the Chairman, Clerk or other Officer thereof,^-or by any Commissioner appointed to take evidence upon any such trial, or any Clerk, Bailiff or other Officer acting under such Commissioner, — or by any of the parties interested or concerned either in the prosecution or defence of such Election Petition, his Counsel or Agent in the conduct of the case of such party upon such Election Petition, — shall, so far as the same regards the trial and dis- posal of such Election Petition by such Select Com- mittee, and the action of the House upon the Report of such Select Committee, be wholly judged of and determined by such Select Committee, and not by the House; — ^And no order or resolution of the House respecting the sufficiency or regularity of any such proceeding shall in anywise be bind- ing upon such Select Committee as far as regards the trial and disposal of such Election Petition. 1«S6. The neglect or omission of any party CONTROVERTED ELECTIONS. 127 interested or concerned either in the prosecution or defence of any such Election Petition, to ob- serve strictly anjr of the directions contained in this Aet respecting any proceedings or course of proceeding to be by him had or n)lloTfed in the prosecution or defence of any such Election Pe- tition, — except only where by the use of negative as well as affirmative terms, the intention of the Legislature has been manifested that such pro- ceeding or course of proceeding, and no other, as to time, place and circumstance, or any of them respectively, should be had or followed in such case, — shall not render such proceeding, or course of proceeding, or the subsequent proceedings of such Select Committee in the trial and disposal of such Election Petition, necessarily void or of none effect, — provided that such Select Committee thereupon come to a resolution to be reported to the House, with the reasons of such Committee for coming to the same, that such neglect or omis- sion hath not so affected the position of the par- ties to such Election Petition, or any of them, or the proceedings before them in relation to the same, as to interfere with or prevent the disposal by such Select Committee of any of the substan- tial questions raised upon such Election Petition, upon the true merits thereof. 157. Whenever any such neglect or omission as is referred to in the next preceding section does, in the opinion of such Select Committee, affect the position of the parties to such Election Petition, or any of them, or the proceedings be- fore them in relation to the same, so as to inter- fere with or prevent the disposal by such Com- I respecting Controverted Par- liamentary Elections, A. N., Speaker, or N. M., Justice of the Peace, (Mayor, ^c, as the case may he) for, &c. A. B. CD. E. F. G.H. CONTROVERTED ELECTIONS. 135 SCHEDULE A (2). {Bef erred to in the Act, section 11.) RECOGNIZANCE ON THE PART OF THE SITTING MEMBER. Canada, 1 to wit : / Be it remembered, that on the day of in the year of our Lord, one thousand eight hundred and , Before me, the Honorable A. N., Speaker of the Honorable the Legislative Council (or Legislative Assembly) of the Province of Canada, {or before me, N. M., Esquire, one of Her Majesty's Justices of the Peace for, &Ce,) or Mayor, Alderman or Toum Reeve of , in Canada, (as the case may he) at , in , came A. B., of, &c., Esquire, (or as the case may be) C. D., of, &c., E. P., of, &c., and G-. H., of, &c., and acknowledged himself (or severally acknowledged themselves) to owe to our Sovereign Lady the Queen the sum of four hun- dred dollars (or the following sums, that is to say: the said A. B. the sum of dollars, the said C. D., the sum of dollars, the said E. P., the sum of dollars, and the said G-. H., the sum of dollars) to be levied on his (or their respective) goods and chattels, lands and tenements, to the use of our said Sovereign Lady the Queen, her Heirs and Successors. The condition of this Recognizance is such, that if [here insert the name of the Sitting Member or ll III !i, m^'" ^§'m m I i 186 THI ACT BBSPEOTIHa Members,) the Sitting Metnber (or Members) for tHe County, &c., {insert the designation of the Electoral iHvision) of , in Upper (or Lower) Canada, in the Provincial Parliament, shall t^ell and truly pay all sums of money, costs and expenses which shall become payable by him {or them) to any person who upon the application of such Sitting Member {or Members) for the issuing of a Commission to take evidence on the trial of an Election Petition, presented {or to be preisidht- ed) to the Legislative Council {or to the Legisla* tive Assembly) under the Act respecting Qontro- verted Parliamentary Elections, relating to th^ B&id County (Riding, &c., as the case inay he,) shall be appointed Commissioner for that purpose, or to any person who may be appointed Commis- sioner, in the place of such first-mentioned Com- missioner under the provisions of the said Act, or Or to any Clerk, Bailiff or other Officer appointed by any of such Commissioners under the authority of the same, then this Recognizance to be void, otherwise to be of full force and effect. Taken and acknowledged before^ me at the day and place afore- said, in pursuance of the "Act » respecting Controverted Par- liamentary Elections." A. N., Speaker, or N. M., Justice of the Peace, (Mayor, &c., as the case may be,) for, &c. A. B. CD. E. F. G. H. COl^IftOVB&tlBD EiilEdnONS. 187 SCHEDULE A (8). (Referred to in the Aet^ section 29.) HECOaNIZANOB OK THB PART OF ^BtlTlONER FOR PERMISSION TO DEFEND^ it:/ Canada, to wit Be it rejaemberedj that on the day of , in the year of our Lord, one thousand eight hundred and ^ before me the Honorable A. N., Speaker of the Legis- lative Couhoil {or Legislative Assembly) of th6 Province of Canada (or before me, N« M., Esquire, one of Her Majesty's Justices of the Peace for, &c.,) or Mayor^ Alderman or Town Reeve of ^ in Canada^ (as the ease may he^) at in came A. B., of, &c., Esquire^ (as the case may he) C. D., of, &c., E. F., of^ &c., d.nd G. H.^ ofj Ac, and acknowledged him- self (or severally acknowledged themselves) to owe to our Sovereign Lady the Queen, the sum of four hundred dollars (or the following sums^ that is to say: the said A. B., the sum of dollars ; the said C. D., the sum of dollars, the said E. F., the sum of dollars^ and the said G. H., the sum of dollars,) to be levied on his (or their) goods and chattels, lands and tenements^ to the use of our said Sov- ereign Lady the Queen, her Heirs and Successors^ The condition of this Recognizance is such, that if {here insert the name of the Petitioner for 'per- tr ii^fi 1;^ % V PI 188 THE ACT RESPEOTING mission to defend,) a Petitioner (or Petitioners) to the Legislative Council (or Legislative Assembly) of this Province, for permission to defend an Election Petition presented (or to be presented) to the said House, whereby the seat {or seats) of {Here insert the name of the Sitting Member or Members) the Sitting Member {or Members) for the County, (Riding, &c., insert the designation of the Electoral Division,) of in Lower {or Upper) Canada, {as the case may be) is {or are) or may be affected, and which said Sitting Mem- ber {or Members) hath {or have) or is {or are) ex- pected to decline defending such seat {or seats) shall well and truly pay all sums of money, costs and expenses, which shall become payable by him {or them) in respect of the Petition for per- mission to defend such Election Petition, which shall become payable by the said Petitioner (or Petitioners,) for permission to defend under the Act respecting Controverted Parliamentary Elec- tions, to any Witness summoned on his {or their) behalf, or to the Petitioner {or Petitioners) in such Election Petition, or to any person who, upon the application of such Petitioner (or Petitioners) for permission to defend, for the issue of a Commis- sion to take evidence on the trial of such Election Petition, shall be appointed Commissioner for that purpose, or to any person who may be ap- pointed Commissioner in the place of such first- mentioned Commissioner, or to any Clerk, Bailiff or other Officer appointed by any of such Com- missioners under the authority of the same, then this Recognizance to be void, otherwise to be of full force and effect. OONTROVBRTED ELECTIONS. 139 A.B. CD. B. F. G. G. Taken and acknowledged before' we at the day and place afore- said, in pursuance of the ''Act respecting Controverted Par- liamentaiT Elections." A. N., Speaker, or N. M., Justice of the Peace, (Mayor, &c., a% the case may be) for, &c. SCHEDULE A (4). {Applicable to any of the Recognizances^ and re- ferred to in the Acty section 12.) affidavit of sufficiency of sureties. Canada, ) towit: / A. B., of, &c,, {as in the Recognizance) in the within (or annexed) Recognizance mentioned, maketh oath {or affirmeth) and saith that he, this Deponent {or affirmant)^ is seized of real estate, (or is possessed of personal estate), [or is seized and possessed of real and personal estate respec- tively, as the case may bej over and above what will satisfy and discharge all his just debts to the amount of {double the amount for which he is bound in the Recognizance), A. B. k ; 1 1 i:i I "I '" til 11 ■',; Si 1,1 ''•& m 140 IHB ACY RSSPBOTlKa Sworn by the said Deponent {or^ affirmed by the said Affirmant) at the time and place of his »• entering into the Baid Beeog- i nizance. Before me, A. N., Speaker, or N. M., Justice of the Peace, (Mayor, &c., aB th^ eaee may be) for, &c. SCHEDULE B (1). (Referred to in the Acty section 99.) COMMISSION FOR THE EXAMINATION OF WITNESSES. DA, I it: ( Canada, to wit To His Honor, G. H., one of Her Majesty's County Judges in Upper Canada {or a% the caae may he), and all others whom it doth or may in any way concern : I, J. I., of, &c.. Esquire, Member of the Legislative Council (or Legislative Assembly) of the Province of Canada, and Chairman of the Select Committee appointed to try the merits of the Election Petition of C. D. and E. I^., ^c;, {setting out the names of the Petitioners) against the election {or return, or election and return) of J. L., Esquire, the Sitting Member (or as the case may be) for the County (Riding, &c., insert the CONTBOVBBTIH)! 9l<1tOTIONS. 141 designation of the EUotoral Division) of , in Canada in the said I^egislative Council (or l4egi9Utiy6 AssemVly) fidnd— Qreetins : WJiereaQ \ipon the application of tne si^id Petitioners, {or of C. D., one of tbe 8i^i4 Peti- tioners, or of tl^e said Sitting Member, or of I(. L„ a Petitioner (or Petitioners) who has (or hayo) been {admitted to defend the said Election Peti-r tion, ((»/ aa the c(^ie may he,) to the said Select Comi];iittee} {or otherwise^ as the case may be^) it has been ordered by the said Committee, in pur- suance of the powers vested in them by the Act respecting Controverted Parliamentary Elections^ that a Commission should issue for the examina- tion of witnesses on the trial of such Election Fe^Hion, and that you the said G. H. shall be aj 'nted such Commissioner : — These are there- for w, m compliance with the said orders and in pursuance of the provisions of the said Act, to nominate, constitute and appoint you the said G. H. to be such Commissioner, to examine and inquire into all matters and things to you for that purpose referred or to be referred by the said Election Committee, or any other Election Committee that may be appointed in their place for the trial of such Election Petition according to the provisions of the said Act, with all such powers and authority as by law belong to the office of such Commissioner by virtue of the said Act, or otherwise howsoever; — An4 you are hereby expressly commanded with all necessary spee4 ^0 repair to the said Comity (Biding, &;c., as the case may he) of , and there at such place therein as you shall for that purpose 142 THB ACT RBSPECIING appoint, on , the day of next, to proceed with the examina- tion and enquiry aforesaid : — And all and what- soever you do or cause to be done in the premises you are to return to the Honorable the Speaker of the said Ledbiative Council {or Legislative Assembly) for the time beins, in the manner and within the time by the said Act for that purpose prescribed ; and this you are in no wise to omit under a penalty of four hundred dollars, and such other penalties as you may by law incur by reason of any such omission or neglect. Given under my hand and seal at , in Canada, this day of , in the year of our Lord one thousand eight hun- dred , and of Her Majesty's Reign the J. T. (L.S.) SCHEDULE B (2). {Referred to in the Act, section 100.) similar commission where a new commis- sioner is appointed in consequence of the original commissioner not being able to act. Canada, to wit To His Honor G« H., one of Her Majesty's County Judges m Upper Canada {or cs the case may he,) and to all others whom it doth or may m any wise concern : ■■} CONTROVERTED B];« Tfi 40T iai!SpB€:(i^a other Election Committee that might be appointed in their place, for the trial of such Election Peti- tion, according to the provisions of th^ said Act ; TTT-JM^d whereas in consequence of the death of the said (G. H., or of the incapacity of the said Q. ^.) from illness, {or as the oaue mm he) it has become impossible that the said Commission should be executed {or that the execution of the said Commission should be completed) according to the exigency thereof, and it hath therefore been further ordered by the said Select Election Committee, that a new Commissioner should be appointed in the place of the said G. H., and that you the said G. B. should be appointed such last- mentioned Commissioner : — ^These are, therefore, in compliance with the said Orders, and in pur- suance of the provisions of the said Act, to super- sede the said Commission, and to nominate, con- stitute and appoint you the said G. B. to be such Commissioner as last aforesaid, for the purposes aforesaid, with all sucL powers and authority as by law belong the office of such Commissioner, by virtue of the said Act, or otherwise howsoever ; and you are hereby expressly commanded, with all necessary speea, to repair to the County (Riding, &c., a« h^ore) of , and there at such place therein as you shall for that purpose appoint, on , the day of next, to proceed with the examination and enquiry aforesaid ;— And all and whatsoever you shall do, oir cause to be done, in the premises, you are to return to ths ^onQr- able the Speaker of the said jjegisJative Council {or Legislative As^enpibly) for the ti^ie beiQg, in CONttlOTBRTBD ELECTIONS. 146 the manner and within the time by the said Act for that purpose prescribed ; And this you are in no wise to omit under a penalty of four hundred dollars and such other penalties as you may by law incur by reason of any such omission or neglect. Given under my hand and seal, at , in Canada, this day of , one thousand eight hundred, , and of Her Majesty's Reign the I.J. (L. S.) SCHEDULE B (3.) {Referred to in the Act, section 113). commissioner's oath. I, A. B., do swear that I will, without favor, affection or malice, and according to the best of my skill and knowledge, well and truly try anid examine all such matters and things as shall be brought before me, by virtue of a Warrant, dated the day of , one thousand eight hundred and , under the hand and seal of the Chairman of the Select Committee of the Legislative Council {or Legislative Assem- bly) of this Province, on a Petition from (here state the name or names of the Petitioner or Pe- titioners^ and of the place to which the Petition relates), and that I will in all things well and truly perform the duty of a Commissioner ap- fii m I 111 I'M I ft '^: 146 THB ACT RESPECTING pointed to try the said matters and things, ac- cording to the rules, regulations and directions contained in the ''Act respecting Controverted Parliamentary Elections." So help me God. SCHEDULE B (4). {Referred to in the Act, section 108.) clerk's oath. I A, B., do swear that I will, without favor, affection or malice, and according to the best of my skill and knowledge, well and truly take down in writing the Minutes of all the proceedings had before you, or any person who may be appointed Commiseioner in your place, as Commissioner for taking evidence on the trial of the pending Elec- tion Petition, relating to the County (Riding, &c., 08 the case may he) of, &c., in as accurate a man- ner and as nearly as may be in the exact words in which such evidence shall be delivered, and that I will in all things well and truly perform the duty of Clerk to you, and to any person who may be appointed Commissioner in your place as such Commissioner, according to the rules, regu- lations and directions contained in the '' Act respecting Controverted Parliamentary Elec- tions," and such lawful directions as I shall or may receive from you, or such other Commis- sioner, under the authority thereof. So help me God. OONTROVERTEB BLEOTIONS. , 14T SCHEDULE B (5). (Referred to in the Act, tection 108.) OATH OF THE BAILIFF OR OTHER OFFICER OF COMMISSION. I, A. B., do swear that I will, without favor, affection or malice, and according to the best of my skill and power in all things, well and truly perform the duty of Bailiff, (or as the case may be) to you, and to any person who may be appointed Commissioner in your place, as Commissioner for taking evidence on the trial of the pending Elec- tion Petition relating to the County (Riding, kcy or as the case may 5e) of, &;c., according to the rules, regulations and directions contained in tho Act respecting Controverted Parliamentary Elec^ tionsf, and such lawful directions as I shall or may receive from you or such other Commissioner un- der the authority thereof. So help me God. ALPHABETiOAL MU TO TBE ACT. SECTION. PAGE. Absence from s wearing Select Committee 75 80 ** from Committee without leave 84 84 << not to dissolve a Committee 86 8& " of Commissioner from Court. . .115, 116, 117 102 Actions, against Returning Officer 151 124 ** 0£fender8 against this Act 153 125 Adjournments, Swearing Select Committee 76 80 << of Select Committee Sittings 79 82 *< of Select Committee from absence 84 84 " of Sel. Com. during Commission. 112 lOO Admittance to defend a vacant seat 27 56 Affidavits of sufficiency of Sureties : — Before whom they may be entered into. .11, 14, 29 45 To be annexed to Recognizance 12 46 To be delivered to Mr. Speaker 14 47 To be filed for information 14 47 Offered in evidence. 23, 93 63 Agents may withdraw petitions 9 44 Allegations unfounded, Costs on 23, 139 53 Alphabetical List of Members made 46 65 " Corrections may be made on 47 65 '< Referred to Gen. Com. of Elections 48 66 Annex affidavits of surety to Recognizance 12 46 Annulled proceedings of a Select Committee 87 85 Application to defend a seat 27 56 " for a Commission 98 91 ** for costs and expenses 140 116 ^* of proceeds from Recognizance 148 123 ^ of money paid as Surety... 15, 147, 150 47 Appointment for hearmg objections to Recog. . . 22 53 " of Gen. Com. of Elections ... 31 60 << first meeting of Gen. Com. of Elec. c9 63 " of time for choosing Select Com. . . 56 70 " of Select Committees.. 62 73 i fi V m i 150 INDBZ TO ACT RBSPEOTIKO SECTION. PAOI. Appointment of a Commissioner 99 91 ti of Officers by Commissioner 108 99 Arrangement of cases reported unobjectionable. . 63 69 Bracketting Election Petitions 66 70 Bribery, Petitions complaining of 7 43 Casting Vote, for a new Chairman 86 86 « on questions for decision 89 87 Censure for absence from Select Committee.. . .-. 86 86 Certificate for money deposited as security 16 47 << . endorsed on Petition 17 49 *< of Costs as taxed 140 116 Chairmen's Panel formed 48 66 ** to be notified of seats undefended 26 66 ** number of its members 62 68 *' mode of determining Chairmen . . 64 74 ^' may reflate their proceedings 66, 161 76 ** determmin^ a new Chairman. .. . 69 77 Chairman of Select Committee : — Appointed 64 74 Hay be rejected 69 77 Tobeswom 74 79 To receiye and file Voters' Lists 80 82 Absent, not to dissolve Committee 86 86 To send papers to Commissioner Ill 100 Changing time of choosing a Committee 60 73 Chief Clerk to file Recognizances and Affidavits. 14 47 ■" to receive money for costs 16, 149 47 "" to open an account and pay costs 16, 147, 160 47 ** to give a receipt for money 16 47 ** to enter Sureties, &c.. in a book 20 62 '* to put up Notice of oDJections, &c 22 63 *^ to make List of unobjectionable cases. . 26 64 ** to swear Gen. Com. of Elections 39 63 *^ to appoint Clerk to Gen. Com. of Elec. 42 63 " to note excuses from serving on Com. .. 44 64 *' to make and read List of Members 46 66 *^ to draw and designate Panels 49 67 ** to swear Select Committees 74 79 " to swear Witnesses 93 88 Choosing of Committee made known. . . 66, 62, 66 70 << ** stopped by disagreement 63 74 OONTBOYBBTBD BLBOTIONS. 151 PAOI. 9 91 8 99 3 69 5 70 7 43 6 85 9 87 )6 85 6 47 7 49 116 .8 66 26 65 52 68 64 74 61 76 69 77 64 74 69 77 74 79 80 82 86 85 LU 100 60 73 14 47 L49 47 L60 47 15 47 20 52 22 63 25 54 39 63 42 63 44 64 46 65 49 67 74 79 93 88 .66 70 b3 74 BBCTIOK. FAOI. Clumants for costs may be examined 141 118 Clerk to Gen. Com. of Elections, and duties 42 63 ** to notify members as to serving 71 78 " may administer oaths 91, 92 87 Cognizors may pay money and be free 149 123 Commissions may be applied for 11, 16, 18 45 ** may be issued 97 91 « Committee may adjourn during 112 100 tt Evidence restricted 83 84 '' Notice to be given before applying for 98 91 Commissioner and his appointment 99 91 " Powers of 101,119 95 ** may supply his place as Judge 102 95 '* • manner of doing so 103 95 ** Governor to be satisfied 104 96 " Powereof Acting Judge for 105 96 ** may employ Officers and swear them. 108 99 " must Mmute all appointments 110 100 " opens his Court at time assigned. . . . 113 101 '* to sit every day (unless) 1 14 101 *' excused during sickness 117 103 " may move his Court 118 103 " must make a Return to Speaker. 119,125 104 " not to hear Counsel 120 105 ** may take evidence conditionally 121 105 « may summon witnesses 128 111 *^ may summon a Member 130 112 ** Remuneration of. 133 113 <' must furnish copies of proceedings. .. 132 113 '* omissions by 159 129 " Proceedings against. 160 130 Conditions for withdrawing petitions i.... 9 44 Contested seats vacant by death, &c 26 55 Corrections on List of Members 47 65 ** on Member's Panels 50 67 Corruption, Petitions complaining of . . .-. 7 43 Costs on withdrawn petitions 9 44 *^ Security by Petitioners for 10 44 ^ ^ Security by Sitting Member for 11 45 ** on deciding objections to Recognizance ... 23 53 ** on opposing evidence before Commissioner 121 105 152 INDBX TO AOI RESPBOTING E ;f mt SEOTIOK. PAGE. Costs on frivolous or vexatious petitions 135 114 " •< »« opposition 136 116 < *' »* objections 138 116 " where there is no opposition 137 115 " on unfounded allegations ... . . 139 1 16 '^ ascertained, taxed and certified 140 116 " mode of recovering 142,143 118 ** recovered by estreating Recognizance... .. 144 119 *' paid where funds 147,148 122 Counsel not to plead before Commissioner 120 105 << m^ plead before Select Committee 122 107 County or District Judge : — May be appointed a Commissioner 99 91 May appoint an Acting Judge 102 95 Instrument of nomination 103 95 Governor may annul appointment, &c 104 96 Powers of Acting Judge 106 96 Allowance for his services 107 98 Non-arrival of Acting Judge 106 97 Court of Commissioner opened 113 101 " " moved 118 103 Day appointed for hearing objections to Becog. 22 63 Day for filing Lists of objected Voters - . 81 83 Iteath of Sureties 24 64 << of a Member whose seat is contested 26, 64, 59 65 *^ or incompetency of a Commissioner. 109,116 94 *^ not to dissolve a Select Committee 86 85 Decision of Speaker on Recognizance, final 23 53 " " to be reported 25 64 ** in Select Committee by majority 89 87 Defence of a seat by Voters 27 56 '' frivolous or vexatious 136 115 Definition of "Justice of the Peace." 1 54 126 " " Electoral Division." 162 132 Deliberating with closed doors 88 86 Description of Sureties to be in full 13 47 DisagreementinchoosinffSel.com 63 74 Disapproval of names in Gen. Com. of Elections. 32 61 Discharging a Select Com 77 81 ^' from attendance on Select Com 84 84 Disqualification from serving on Sel. Com 45, 62 65 OONTROVBRTBD ELB0TI0N8. 158 . PAGE. 5 114 6 116 8 116 M 116 {9 116 116 3 118 U 119 18 122 20 106 22 107 99 91 02 96 03 96 04 96 06 96 07 98 06 97 13 101 18 103 22 63 81 83 24 64 59 66 16 94 86 86 23 63 25 64 89 87 27 66 36 116 54 126 .62 132 88 86 13 47 63 74 32 61 77 81 84 84 SECTIOK. PAGE. Disqualification of Members chosen to serve .... 72 78 Dissolution of Gen. Com. of Elections, in cases. . 37 62 " of Select Committees 87 86 Divisions in Committee taken and reported 90 87 Documents to be sent to Commissioner Ill 100 Doors closed while deliberating 88 86 Double Returns 30 60 Duration of Gen. Com. of Elections 35 61 " of Chairmen's Penel 48 66 Eight davs' notice given before choosing Com. 58 71 Election Petitions : — What shall be deemed such 1, 27 39 What shall not be deemed such 8 44 Who may subscribe 1, 27 39 Where to present 1 39 When to present 2, 3, 4, 5, 7, 27 40 May be withdrawn .... 9 44 Must be endorsed before presentation 17 49 Referred to Gen. Com. of Elections 53 69 To be arranged in order as reported. 63 69 To be bracketted together ... 65 70 Referred to Select Committee 78 81 Reported upon finally 94 89 Declared frivolous or vexatious 135 114 '^ Electoral Division " the meaning of 162 132 Endorsing an Election Petition. 17 49 Errors corrected on List of Members 47 65 Entreating of Recognizance 144 1 19 Every Member on Committee must vote 89 87 Evidence restricted to objections made . ... 83, 122 84 '' taken conditionally by Commissioner. . . 121 106 Examination as to validity of security 23 53 " in Select Committee . - - . 92 88 Excuses from serving on Election Committee. ... 44 64 " for absence at time of swearing 76 80 ** for absence from Select Committee 84 84 Final Report from Select Committee 94 89 Frivolous or vexatious petitions .. 136 114 " ••' opposition 136 116 Full description of Sureties to be made 13 47 154 XNDIZ TO ACT RKSPBOTINa ^sn 'J e SEOTIOK. VUdM, General Committee of Elections : — Nominated by Warrant. 31 60 To be notified of vacant seats 26 65 May be disapproved of. 32 61 Disapproval may be general or special 33 61 Members not disapproved of re-selected 34 61 Duration of appomtment 35 01 Vacancies in 36 62 Proceeding suspended in 36; 43 62 May be dissolved 37 62 Filling up Vacancies in 38 62 To be sworn at Table 39 63 Quommof 40 63 May regulate their business • . 41 63 Clerk of> and his duties 42 63 To select a Chairmen's Panel 48 66 To form Members' Panels 49 67 May correct Panels 50 67 May transfer names on Panels 61 63 To fill vacancies in Chairmen's Panel 52 68 To make List of unobjectionable cases 53 69 To suspend proceedings in some cases 54 69 To bracket petitions as one 55 70 To determine and report time of choosing ..... 56 70 May change time of choosing 60 73 Shall choose Select Committees 62 73 Disagreement in choosing 63 74 To inform Chairmen's Panel of choosing 64 74 To inform parties as to choosing 66 76 To take up cases in order 67 76 To call parties for objections 68 76 To re-select for rejections ... 69, 70 77 To meet on day following selections 72 78 To report selections to House, &c 73 79 To select a new Committee 77, 87 81 May adopt special proceedings 161 132 Grounds of objections to security 19, 21 50 Hearing objections to security 22 53 House may disapprove of names in Warrant. ... 32 61 ** to refer Election petitions to Select Com.. 78 81 << to fix time for first meeting 78 81 . PIQI. 1 60 6 66 2 61 3 61 4 61 6 01 {6 62 3 62 \7 62 \8 62 9 63 lo 63 11 63 12 63 18 66 19 67 SO 67 51 68 ^2 68 63 69 64 69 66 70 66 70 60 73 62 73 63 74 64 74 66 76 67 76 68 76 70 77 72 78 73 79 87 81 61 132 21 60 22 63 32 61 78 81 78 81 OONTROVBRTBD BLB0TI0N8. 155 8I0TI0K. PAOI. lB8iun£[ a Commission 97 91 Inconsistencies with the Act 161 132 Irre^Iarities of proceedings 166 to 160 126 Justices of the Peace defined 164 126 '' may take Recognizances 11^ 14, 29 46 ** may take Affidavits as to objections .... 23 63 ** may take Affidavits as to other matters . 93 88 ** as to adjournments under Commission. . 116 102 Leave for adioummests of Select Committee 79 82 Limitation of time for prosecutions 163 126 List to be made of unobjectionable cases 26, 63 64 ** of Members to be made and read 46 66 ** to lie oil Table for corrections 47 66 ^' referred to Oen. Committee of Elections. ... 48 66 " of Voters as objected to 80 82 Members of Parliament . — Declining to defend their seats . . 28 68 Excused from serving on Election Committee 44, 48 64 Disqualified from serving 46 66 Formed into Panels 49 67 To be notiued when chosen to serve 71 78 May she?- -^i. (qualification. 72 78 Of Select Committee, absent from swearing . . 75 80 Absent from Select Committee. 84 84 On Select Committee must vote 89 87 Summoned by Commissioner. 130 112 Minutes of proceedings in Gen. Com. of Elections 42 63 ** of appointments under Commission. ... 110 100 « may be copied by Clerk to Commissioner 132 113 Money deposited ad security for costs. 11, 16, 29, 147 46 ** how it shall be dealt with 16, 147 47 ** paid by Cognizor in discharge 149 123 Motions to the House : — Referring Alphabetical List to Gen. Conmiittee 48 66 To increase Chairmen's Panel 62 68 Referring all Election Petitions to Gen. Com . . 63 69 For discharge of objectionable cases 63 69 As to absence when swearing 76, 76, 77 80 Referring Election Petitions to Select Com. ... 78 81 For first meeting of Select Committee « 78 81 For adjournments of Select Committee 79 82 iKi^vVitm^m 166 INPBX TO AOT BBSPEOTINa *;»! SECTIOK. PAOE. Names, &c., of Sureties to be in full. .... ..... 13 47 " « to be entered iu a book. 20 52 " of Sel. Com. to be read to certain parties. 66 76 " of Select Committee may be objected to.. 68 76 Neglect and its coDsequences ...... 1 56, 167, 158 126 New Committee seieoted 77, 87 81 New Chairman may be elecied 86 85 New Commissioner appointed..... 100 94 Nomination of General Committee of Elections . . 31 60 Non-observances 1 5C, 160 129 Notice withdrawing an Election Petition 9 44 *^ of objections and time for hearing. 22 53 *' to Speaker as to death of a Member. ... 26 55 " by Speaker as to vacant seats 26 65 " claiming exemption from Sel. Com. ... 44, 48 64 *^ of tim.e and place for choosing Sel. Com. 58 71 *' sent to Returning Officer complained of. . 58 71 ** of changed time for choosing 60 73 " of choosing and Panel in service 61 73 ' sent to Members chosen 71 78 " to he published in Votes 71 78 " for sr^ecting a new Committee 'Hf 87 81 '' of applicants for a Commission 98 91 '* as to re-assembling of Select Committee. 124 109 Oath as to sufficiency of Sureties 12 46 " tul:en by General Committee of Elections. 39 63 " taken by Select Committees 74 79 *' as to absence from Select Committee 84 84 '< taken by short-hand writer. 91 87 '' to witnesses before Seloct Committee 92 88 " to witnesses before the House 93 88 " to Officers under Ccmmiijsioner 108 99 " to Commissioner .. 113,115 101 " witnesses examined by Speaker 141 118 Objtctions offered as to security 19, 21 50 " to be heard by Mr. Speaker 22 63 ** offered to names of Select Committee 68 76 ** restricted to those filed 83 84 " offered against certain officers 109 99 " declared frivolous, costs on . . 138 116 Objected Voters to be classified, &c. . . . . 80, 81 82 OOKTROVBBTBD BLSOTIONS. 167 K. PAGE. 13 47 20 52 66 76 68 76 68 126 87 81 86 85 00 94 31 60 60 129 9 44 22 53 26 55 26 55 48 64 58 71 58 71 60 73 61 73 71 78 71 78 87 81 98 91 124 109 12 46 39 63 74 79 84 84 91 87 92 88 93 88 L03 99 L16 101 L41 118 21 50 22 53 68 76 83 84 L09 99 L38 116 81 82 SECTION. PAGE. Objectionable cases withdrawn 53 69 Omissionsofduty in Act. 15«; 157^ 158 126 One Member may constitate Select Committee. . . F7 85 Opposition declared frivolous, costs on 1J6 115 Oraer made for taking costs 140 116 Panels formed, reported, designated, kc 49 67 << corrected, reported and printed. 50, 51 67 " in weekly service 61 73 " of Chairmen (See " Chairmen's Panel"). Papers to be sent to Gommisuoner Ill 100 Parties may know names of Select Committee ... 66 76 *^ may object t(» names 68 76 Payment of costs en /orced. 142 113 Penalty for misbeh'^viour before Select Committee 92 88 ** on Commissioner for not acting 99 91 '< on witnesses at Court of Commissioner. .129 111 " may be recovered 152 125 Permission to adjourn during Commission- ... . • 112 100 Petitions : — What shall be an Election Petition 1, 27 39 What shall not be 8 44 Who may subscribe 1,27 39 Where to prCvSent 1 39 When to ^reseut 2, 3, 4, 5, 7, 27 40 May be withdrawn . 9, 30 44 Must be endorsed before presentation 17 49 Referred to General Committee of Elections. . . 53 69 To be arranged as reported 53 69 To be bracketted together 55 70 Referred to Select Committee 78 81 Reported upon finally \ . . . 94 89 Declared frivolous or vexatious. .... 135 114 Petitioners may withdraw petitions . . 9, 30 44 *^ must give security for costs 10, 15 44 ** to give receipt to Speaker pro, tem,. 16 48 **- may object to security of defendant.. 19 50 ** may take copies of objections 22 53 " Whomaybe.... 1,27 39 Powers of Commissioner lOly 119 9S Presenting Election Petil^ons : — Where to present. ... = ...c> I SS When to present 2, 3, 4, 6, 7,27 40 158 INDBX TO ACT BSSPECIIKG hi 8E0TI0V. FAOB. Print notice of soat undefended 26 66 . ** alphabetical List of Members 46 66 << corrected Panels 60 67 *^ time and place for choosing Select Com... 68 71 " change oi time for choosing 60 73 *^ choosing and Panel in service 61> 77 73 << time and place for objections to choosing . . 71 78 " Report ot Committees selected 73 79 ** Notice as to re-assembling of Select Com. .124 109 Privilege in presenting Election Petitions 6 42 Proceedings of Gen. Com. of Elec. suspended. 36, 43 62 ** of a former Select Com. annulled . . 87 86 '' determined as to regularity. . . 166, 166 126 Proceeds from Recognizance applied 148 123 Prorogation before appointment of Committee. . . 67 71 ** not to dissolve a Committee 96 90 Pui 'shment for absence from Committee 86 86 Questions decided by a majority of Committee. . . 89 87 Quorum of General Committee of Elections 40 63 Re-assembling of Select Committee by Warrant. . 122 107 Receiving Election Petitions 17 49 Receipt K>r money deposited 16, 160 48 Recognizances for Petitioners 10, 29 44 « " Sitting Members 11 46 " before whom entered into. . 11, 14, 29 46 '* to be accompanied bv Affidavits 12, 18 46 << Sureties m, to be well described . . 13 47 « to be delivered to Mr. Speaker.. . 14 47 " to be filed for information 14 47 ** dispensed with by moneyi . . 11, 16, 29 46 ** discharged by payment of money. 149 123 ** may be objected to and regnlatea 1 9, 2 1 60 ** may be inspected 20 62 « decision final as to 26 64 ** may be estreated 144 119 '< transmission of 146 121 Recovery of costs 142, 143 118 ^' of pecaniary penalties 162 126 Begnlarity of proceedings determined 166, 166 126 Reflations in Chairmen's Panel 66 76 Rejection of names selected to serve 69 77 OONIROVEBTBD BLEOTIONS. 159 L6 66 )0 67 >8 71 >0 73 n 73 n 78 rs 79 H 109 5 42 13 62 57 86 S6 126 18 123 57 71 96 90 B5 86 89 87 40 63 22 107 17 49 50 48 29 44 11 46 29 46 18 46 13 47 14 47 14 47 29 46 49 123 21 60 20 62 26 64 [44 119 L45 121 143 118 L52 126 166 126 66 76 69 77 SECTIOK. PAOB. Remnneration of Commissioner and Clerk. ..... 131 112 << of Bailififb and other Officers 133 113 Report as to validity of security 26 64 ** ofvacancy in Gen. Committee of Elections 36 62 *< of Chairmen's Panel 48 66 " of Members' Panels 49 67 " of corrected Panels 60 67 " of time for choosing Committees 66 70 ** as to changed time for choosing 60 73 '' of names forming Select Committee 73 79 " as to special orders about Lists of Voters 82 83 '' of absence from Select Committee 84 84 ** as to divisions taken on Select Committee 90 87 ** final as to case determined. 94 89 ** of Commissioner appointed. 112 100 << of Costs as taxed. 140 116 Resolutions of Select Committee may be reported 96 89 Restriction of evidence 83,122 84 Return of evidence from Commissioner 119 104 ^' received during an adjournment 123 108 Returning Officers : — To be notified of undefended seats 26 66 << << complaints against him 68 71 May be prosecuted. 161 124 Time for so doing limited 163 126 Seats undefended 2Q, 64 66 Select Committee . — Chosen 62 73 To be reported 73 79 Tobe sworn 74 79 Sittings of 79 82 May order as to lasts of Voters 82 83 To be full in attendance 84 84 Not dissolved by death 86 86 May be dissolved 87 85 May clear the room 88 86 Voting and recording of votes 89, 90 87 May send for evidence .92 88 Restricted to certain evidente 83, 122 84 Not dissolved by prorogation 96 90 May issue a CommiasiOB. 97 91 r i«o INDSX TO ACT RBSPEOTINa I SECTION. PAGE. Select Committee :•— To have proof of security for coBta 18 49 To hear and regulate as to security 19, 29 60 To send papers to Commissioner. Ill 100 To report appointed Commission, &c 112 100 May appoint a new Commissioner 116 102 May from time to time direct Commissioner. . . 126 1D9 May send for books, &c., before Commissioner 127 110 To re-assemble by warrant .... 122 107 May hear Counsel as to effect of evidence 122 107 To jndge conditional evidence 121 105 May a(Qudge costs 121, 140 105 May determine regularity of action 155, 166 126 Shall finally determine all merits 94 89 Omissions provided for. 159 129 Selecting a Chairman.... 64 74 Serving on Committees excused 44 64 Session : — ^What shall not be a 6 42 Short-hand Writer may be had and sworn 91 87 Sitting Members . — To be notified of withdrawal of Petitions 9 44 To give security on Commission 11, 15, 18 45 To give receipt from Clerk to Speaker |)ro. tern, 16 48 May object to security of Petitioners 21 52 May decline to defend their seats 26 55 Then not to sit or vote in House. ... 28 58 Sittings of Commissioner. 1 14, 1 15 101 Speaker and his duties : — To be notified as to withdrawing Petitions .... 9 44 Recognizances, &c., entered into before. 11, 14, 29 45 To receive and file such. 14 47 To file copy of Clerk's receipt for money 16 48 May issue Warrants on Clerk, for costs 15, 147, 150 47 To endorse certificate on petitions 17 49 To receive and file objections to security 21 52 To appoint a day and hear objections 22 53 Shall enquire into allegations and decide 23 53 To report as to every Recognizaoce 25, 53 54 Shall Botiff as to undefended seats 26 65 Shall nommate Gen. Committee of Sections. . 31 60 Shall report all vacancies in Gen. Committee. . 36 62 ITION. PAGE. 18 49 19, 29 60 111 100 112 100 . 116 102 .. 126 t09 Br 127 110 .. 122 107 ., 122 107 .. 121 106 11,140 106 »6, 166 126 . 94 89 .. 159 129 . 64 74 , 44 64 6 42 . 91 87 CONTROYBBTBD ELECTIONS. 161 . 9 » 15, 18 m, 16 .. 21 ... 26 ... 28 44 45 48 62 66 68 14, 116 101 ... 9 , 14, 29 ... 14 ... 16 [47, 160 ... 17 ... 21 ... 22 ... 23 .26,63 ... 26 ».. 31 »e.. 36 44 46 47 48 47 49 62 63 63 64 66 60 62 SECTION. PAGE. Speaker and his duties : — To suspend proceedings in Gen. Committee. 36, 43 62 To supply any vacancy in Gen. Committee.... 38 62 To fix first meeting for Gen. Com. of Elections 39 63 To adjourn business before Gen. Committee. . . 43 64 May appoint a Short-hand Writer. 91 87 May issue Warrants for evidence. 92 88 To re-assemble Select Committee by Warrant. 122 107 To Gazette the Notice for re-assembling 124 109 To tax costs and report them 140 116 To give certificates of costs 140 116 May examine claimants fof costs 141 11 8 To estreat Recognizances 144 119 Omissions by 169 129 Proceedings against 160 130 Action of, in cases unprovided for. . 161 132 Special Orders as to Lists of Voters 82 83 *^ Reports from Commissioner. 115 102 " Provisions in Act 161 132 wearing Sureties to Recognizances 12 46 << General Committee of Elections 39 63 " Select Committees 74 79 " " " adjourned 76 80 *^ Witnesses before Select Committee.... 92 88 " Witnesses generally 93 88 Subscribing Election Petitions 1 39 Sureties for Petitioners. 10, 29 44 " for Sitting Members 11 45 ** may be objected to and regulated 1 9, 21 50 ** must swear their sufficiency. 12 46 " to be fully described 13 47 " • dispensed with by money 16 47 " as to the death of. 24 64 Taxing of Costs 140 116 Term "Electoral Division." 162 132 Time for filing objections to security 21 52 '^ for hearing ol jections argued 22 53 " for choosiLc- f .'ommittee to be made known 56 70 " for choosing ranged 60 73 " for swearing G- :ct Committee 74 79 " for first meeting or Select Committee 78 81 11 162 INDBX TO ACT, BIO. SECTION. PAOl. Time for filing Lists of objected Voters 81 83 '< for application for costs 140 116 *^ for prosecutions, limited. • 153 126 Transfer of names on Panels 51 68 Transmitting of Recognizances 145 -121 Undefended seats in House 28, 54, 59 58 Unprovided cases 161 132 Vacancy of a contested seat 26, 54 56 Vacant seats may be defended 27 56 Vacancies in Gen. Committee of Elections 36 62 '* " " " supplied 38 62 " ic Chairmen's Panel 52 68 Voters may petition for leave to defend 27 56 Voters* Lists to be prepared and filed 80, 81 82 Warrant nominating Gen. Com. of Elections. . 31, 38 60 " disapproved of 32,33 61 " appomting a Commissioner. 99 91 *^ appointinff a New Commissioner, 100 94 '< re-assembung Select Committee 122 107 Withdrawing Election Petitions 9 44 Witnesses misbehaving, Ac 92, 129 88 Teas and Nays to be taken and reported 90 87 . PAOI. 1 83 116 3 126 »1 68 t5 121 i9 58 >1 132 >4 55 11 56 36 62 38 62 52 68 27 56 81 82 38 60 33 61 99 91 .00 94 122 107 9 44 L29 88 90 87