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Tous las autres exemplaires originaux sont filmte en commenpant par la premiAra page qui comporte une empreinte d'impression ou d'illustration et en terminant par la darnlire page qui comporte une telle empreinte. Un des symboles suivants apparaftra sur la dernlAre image da cheque microfiche, selon le cas: le symbole -^ signifie "A SUIVRE ", le symbols V signifie "FIN ". Les cartes, planches, tableaux, etc.. peuvent Atre filmAs A des taux da reduction diffArents. Lorsqua la document est trop grand pour dtre reproduit en un seul clichA, il est film* d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants liiustrent la mAthode. irrata to palure, nA □ 32X i 1 2 3 1 2 3 4 5 6 I A MANUAL or THX LAW AFFECTING VOTERS' LISTS, FOR PARLIAMENTARY AND MUNICIPAL ELECTIONS ; WITH PRACTICAL SUGGESTIONS FOR THE REVISION OF VOTERS' LISTS. BY THOMAS HODGINS. M.A., OMB or HER lUJISTT'S OOUNBCIi. *'In the election of Members consUta the exercise of the Democratical part of our Constitution ; for in a Denutcracy there can he no exercise of sovereignty but by Suffraee, which is the declaration kA the people's will : in all Democracies, therefore, it is of the utmost importance to regulate by whom, and in what manner the SuffrsKes are to be giyen. " Plowdin's Jura ^n^Iorum. TORONTO : ROWSELL & HUTCHISON, 1878. >1 ^<^ c ^r' CONTENTS. PAGE. VoTKBs' List Act, Kevised Statutes, Chap. 9 1 VoTBKs' List Finality Act, 41 Vict., Chap. 21 55 Elsctiok Act, Revised Statutes, Chap. 10, Qualifica- TioN OF Parliamentary Electors 86 Practical Suogbstions for the Revision of Voters' Lists 113 Schedule of Forms 120 Index. 137 BownU & Hntchiflon, Printers, 74 & 76, King Streot, Toronto. TABLE OF CASES. Acland v. Gaisford 89 "Acom,"The 101 Alexander v. Newman 60 Allen v. Watcrhouse 16 Allen, Ex parte 69 Allen V. Heam 68 Allen v. House 44 Anelay v. Lewis 90 Anon (Lofft.) 68 " (1 Salk.) 6 Ardagh's Voters' Lists Acts . . 84 B. Bacon's Abridgement 3 Bagot (Lord) v. Williams .... 70 Banf'.on (Earl of) v. Becher ... 81 Bar^k U. S. ▼. Dandridge .... 105 Baiks V. Walker 43 Barlow v. Mumford 40 Barnes v. Peters 95 Barnstaple 57 BaiTow V. Watkin 103 Baylejr v. Overseers of Nant- wich 16 Bedford 69 Levi's Case 101 '• WUcox's" 99 Bedfordshire : — • • • • Bonfield's Case Conquest's " Marshall's «< Southwell's •• Trotman's " Bennet v, Davis Beresford v. Geddes 40 Beswick v. Ashworth 60 Bewdley 23, 40 " Baker's Case 69 " Evans'iCase 108 90 88 92 88 90 88 Birks T. Allison 10 Bishop v. Helps 16 Blackburn 60 Blain v. Overseers of Pilkington 32 Bodmin 69 Bolton 61 Bond V. Overseers of St. George 107 Boon V. Howard 95 Bradford 69 Brecon 43, 69 Bres/er v. McGowen Ill Bright's Husband and Wife .. 87 Brightly on Elections 101 British and American Tele* graph Co. v. Colson 16 Brockville . .10, 13, 58, 69, 92, 93 Broom's Lecal Maxims 43, 47, 70 Brough's Election Law 91 Brown v. FuUerton 41 " V. Ingram 5 Buckland, In re 40 Bunfit V. Brenner 35 Bush V Railing 67 Bnshby's Election Law 61 0. Callington 41 Calvin's Case 101, 102 Cambridge (Amey's Case) .... 12 Camidge ▼. Allenby 26 Camp^ll y. Gordon 105 Carlule V. Orde 29 Carroll V. Barry 93 Chamber's Dictionary of Elec- tions 56, 89 Chambly 88 Charlevoix 60 Chase V. Miller 11 Cheltenham 66,67, 60 Chitty's Archibold's Practice . . 27 Chorlton y. Lings 5, 65 iv TABLE OF CASES. GhrUtenaen'a Case 104 Cirencester 95 Clark V. Overseen of Bury St. Edmund 06 Clarke v. Fuller 27 " V. Heermans 30 Clerk's Election Law 67, 63 Coke on Littleton 43, 88 Collier v. King 4.1 Colville V. Lewis 27 Committee on Parliamentary and Municipal Elections, 39, 51, 69 Converse v. Michie 33 Cooper V. Ashfield 41 " V. Slade 61 Cork 70 Cox and Grady's Registration and Elections 11, 39 Cox V. Morgan 26 Coventry 66 Cowburn v. Waring 41 Croucher v. Browne 44 Crusoe doe Blencowe v. Bugby, 94 Cuthbertson v. Batterworth . . 96 " V. Hains 96 D. Dalton's Duty of Sheriffs { 6 Daniel v. Camplin 10 Darley v. Darley 89 Davies v. Hopkins '28 Dobson V. Jones 96 Doe V. Sutton 18 V. Thompson 31 d. Hay v. Hunt 102 d. Patterson v. Davis .... 102 d. Sheldon V. Ramsay 111 d. Strode v. Seaton 70 d. Thomas v. Acklam .... 102 d. Watson v. Jefferson . . 26 Duchess of Kingston's Case . . 81 Dublin 61 " (Hyland's Case) 97 Duigenan's Case Ill Dundalk 102 Dunlop V. Higgins 16 Parant v. Carter Ill & Eaden v. Cooper 40 Earl of Bandon v. Becher .... 81 East Northumberland 58, 60 •* Peterborough 61 " Toronto 58, 59, 61 Ebsworth v. Farrer 9 Ekersley v. Barker 10 Elliott on Parliamentary Elec- tors 89, 100, 110 Elliott V. Overseers of St. Manx's 41 Ellis V. Thompson 18 Emes V. Barber 61 Evans and Fynche's Case .... 95 " V. Jones 47 Evesham (George's Case) 99 F. Fallon, Exparte 33 Ferguson v. Adams 60 Ferris v. Chesterfield 70 Fitch V. Weber 102 Flanders v. Donner 9 Force v. Floud 28 Fordv. Hart ...., 107 " v. Pye Ill Foxv. Dalby 96 a Gadsby v. Warburton 10 Galloway v. Ward 89 Galway 60 Gilleland v. Wads worth 40 Giraud, In re 104 Gloucester (2 0. & H.) ... .61, 99 Gloucestershire 88,89, 90 Goderich Voters' List . . 17, 30, 47 ' ' re Parsons & Toms, 20, 42 Godsell V. Innous 29 Grace v. Clench 47 Grant v. Eddy 40 Great Grimbsy 63 " Marlow, (Crosby's Case). 95 Greathead v. Bromley 70 Greaves v. Ashton 18 Greenock 11 Grenville v. College Physicians 37 TABLE OF OASES. 40 81 60 61 61 9 10 110 41 18 61 95 47 99 33 60 70 102 9 28 107 HI 96 10 89 60 40 104 99 90 47 42 29 47 40 63 95 70 18 11 37 Oroenvelt v. Burwell 37 Orover v. fiontemps 30 Guilford 67 H. Hale's Pleas of the Crown .... 75 Hallam's Case 27 Halton 67. 68 Harding v. Stokes 67 Harris' Case 16 Harrison's Municipal Manual . . 64 Harwich 69 Heuslow V. Fawcett 67 Hereford 56 Heydeu v. Overseers of Tiver- ton 93 Hey wood on Elections 67,87,88,91,100, 107 Hickton v. Antrobus 3.3 Hinton v. Hinton 21 Hogg V. Turner 29 Horton v. Stamford 41 Howell V. Stephens 41 Hoyland v. Bremner 60 Hughes V. Marshall 59 ♦• V. Overseers of Chatham 96 Hunt V. Hibbs 46, 72 Huntingdon, (Owen's Case) . . 69 Huntingtower v. Gardner .... 67 I. Ipswich 59, 63 " (Page's Case) 99 " (Cook's Case) 99 J. Jackson v. Young 75 Johnson v. Provincial Ins. Co.. 16 Jones V. Jones 10, 28 " V. Randall 58 K. Kerr v. Stripp 88 King V. Burrell 3, 48 " v. King 89 " V. Share 48 Kingston's Case, (Duchess of) gl Kingston 58, 59 L. Lakin v. Massie 41 LAnglois V. Baby 61 Launceston 57 Leather Cloth Co. v. American Leather Cloth Co 26 Lees and Judge of Carleton . . 30 Leigh and Le Marchant's Elec- tion Law 60 Lester v. Garland 33 Levy V. Lindo 89 Lewis v. Evans 34 Lex Parliamentaria 7 Lichfield 57, 59, 61 Lilley v. Come Lincohi, 1st 68, 61 •• 2nd. 11, 45, 58, 61, 65, 75, 106 " Andrews's Case .... 103 ** Berston's Case 5 •' Ik)rrowman's Case, 21, 23, 24, 41, 45 46 " Clark's Case 90 Llandebig v. Llandyfrydog .... 47 London 58 Londonderry 57 Lonuf ord 60 Lord Bagot v. Williams 70 Lyribh v. Clarke 101 M. Manchester Borough Case .... 67 Marshall v. Bown 60 Mather v. Overseers of Allan- dale 16 Mesure v. Britten 27 Middlesex : — Anstey 's Case 95 Baker s Case 12 Barbre's Case 101 Rice's Case 90 Smith's Case QQ Solomon's Case 100 Milborn Port 41 Mittleberger v. Whitehead . . 29 Morgan v. Parry 17, 49 Monck 35, 74 Monmouth 59 " Partridge's Case 99 Montgomery v. Graham 103 vl TABLE OF CASES. Montreal Centre 42 "j West 66 Mottashed v. Read 69 Mulhern v. Fortune 04 Munro v. Merchant 102 Murray's Case 07 Murray v. Thorniley 03 Muskoka GO Mc. McCann v. Waterloo County Fire Ins. Co 16 McCullough and Judge of Leeds and Grenville..28, 37,52, 92 McLoughlin's Case 04 McManus v. McManus 40 McNiffe V. McTieman 28 McQuin V. Benjamin 20 N. Nazer v. Wade 47 Nettleton v. Burrell 41 New Sarum ( Ryder v. Hamilton) 64 New Windsor : — ♦* Barton's Case 00 " Bragg and Dyson's Cases 68 " Lovegrove's Case. . . . 00 •* Seeker's Case 00 Newton v. Hargreaves 60 ♦• V. Harland 31 " V. Overseers of Crow- ley 60 " V. Moderley 60 Nicholls V. Cumming 43, 44 Nickle v. Douglas 46 Niagara 58 Northallerton 11, 09 MarshaU's Case HI North Grey 61 " Middlesex 59 " Simcoe 58 " Victoria 13,69, 61 " Wellington 69 " Wentworth 61 " York 41 Norwich 66 Nunn V. Denton 10 0. Oberlin v. McGregor 04 Oldham 41, 67, 61 '* Baxter's Case 11 '< Brown'R Case 21 " Frith'sCaae 69 " Harper's Case 32, 69 *< Hester's Case 69 " Plorsfall's Case 21 *< Lee's Case 69 ** Ogden's Case 36, 69 " Scholfield's Case 13 Onions v. Bowlder 26, 40 Oxfordshire 101 P. Page V. Carew 31 Park V. Humphrey 94 Parliamentary and Municipal Elections Committee .... 39,61, 69 Parsons and Toms and Goder^ ich Voters' List 20, 42 Passingham v. Pitty 44 People V. Allen 76 •« V. Cook 75 '* V. Pease (Rivinot's Case) 101 Petersfield 63 Peterson v. Balfour 31 Petition of Minister of Educa- tion 80 Phayre v. McDonel 21 Philpot V. Hunter 81 Pierce v. Morrice 76 Place V. Potts 70 Points V. Attwood 27 Powell V. Bradley 26 Powell V. Guest 108 Pring V. Escourt 41 Proudfoot v. Barnes 41, 42 Prynne's Brevia Parliament- aria 6, 67 Rawlings v. Burgess 89 Rawlins v. Overseers of West Derby 27, 29 TABLE OF CASES. VU M 61 11 21 60 69 69 21 69 69 13 40 101 31 94 69 20, 42 .. 44 .. 75 .. 75 le) 101 .. 63 .. 31 .. 80 .. 21 .. 81 .. 75 .. 70 .. 27 .. 25 .. 108 .. 41 11, 42 it- 6, 67 4< II II It II It II II II 41 II I. II • I Reading, (Barthe's Case) 101 Regina v. Baby Ill v. Barnwell 60 V. Brightholmstone . . Ill V. Court of Revision of ComwaU....19, 29, 46 V. Glamorganshire .... 37 V. Hagar Ill V. Harrald 6,87, 101 V. Justices of Middle- lex 27 V. Mayor of Lichfield. . 4 V. Mayor of Roches- ter 37, 72 V. Norwood 11 V. Robinson 18 V. Snider 52 V. "Widdop 40 Rog. ex rel. Bartcliffe v. O'Reilly '"» •• " Carroll v. Beck with 5,87, Chambers V. Allison 13,21, Crozicr v. Taylor. . . Davis V. Wilson. . . . Duudas V. Niles .... Ford V. Cottingham 13, Forward v. Battels. Gibb V. White .... McVean v. Graham 102 Telfer v. Allen .... 27 White V. Roach.... 27 Bex V. Aire and Calder Navi- gation Co 9 •• V. Berkswell 110 V. Corporation of Wells . . 4 V. Duke of Richmond .. Ill v. Everet 4 V. Geddington 89 V. Inhabitants of Rufford, 75 v. Justices of Leicester. . 75 v. Llantillo Grosseny 90 V. Loxdale 74 V. Mayor v. Gravesend . . 4 V. Mitchell 107 V. Norwich 46 v. Plympton 57 V. St. Nicholas, Rochester 110 V. Sergeant Ill v. Sparrow 75 •I II II II II II II II II II II II It II II II II 41 il II II II 42 101 40 44 44 5 40 95 111 Rex v. Unsworth 96 *' V. Vaughan 67 Reid's Intellectual Powers. ... 64 Revell V. Blake 40 Richardson and Police Com- missioners of Toronto .... 37 Riley v. Crossley 60 Ripon 69 Ritchie v. Putnam 105 Rogers' Election Law 49,69,68,70,89, 111 Rogers v. Harvey 107 Rowberry v. Morgan 27 Ryder v. Hamilton 64, 70 8. Salford 61 Salston v. Norton 67 Score V. Huggett 95 Scott V. Dickson 33 Selden's Encland's Epinomis . . 67 Sessional Papers, Legislative Assembly 61 Shaftesbury 70 Shannon v. Hastings Mutuid Insurance Co 16 Sharp V. De St. Sauveur 103 Shedden v. Patrick . . 102 Simeon on Elections 67 Simpson v. Yeend 67 Sligo 65 Snuth y. Clay 27 ♦' V. Holloway 28, 32 •• V. Huggett 33 •• V.Jones 20, 70 " v. Lancaster 96 " v. Walsh 41 Somerville v. SomerviUe Ill South Essex 61 •* GrenviUe 92 •• Grey 68, 69 " Huron 68 " Ontario 61 •• Oxford 68 •• Renfrew 68 Southampton 99, 101 Spragins v. Houghton 101 Spratt V. Spratt 105 St. Ives 66 Staflford 60 viii TABLE OF CASES. Stttleybridgo 67, 60 Stamper v. Overseen of Suther- land 06 Stark V. Obesapeake Ins. Co. . . 106 Startup V. Macilonald 18 State v. McLean 7(> " V. Newark 37 Stephena' Law of Eleotiuna 27, 39, 49, 81, 100 Stockport 42 Stormont 13, 92 " Blair's Case 91 ** Braydon's Case 90 " Bullock's Case 92 •• Cahey'sCase 91 " Eamon'sCase 93 " Oollinger's Case 91 " Gore's Case 93 " Hill's Case 95 " Place's Case 103 " Ramsey's Case 93 Rupert's Cose 95 Weort's Case 91 Story on the Constitution .... 81 Stroud 61 T. Tamworth 59 Tarr v. McGahey 48, 52 Taunton, (Cockram's Case) .... 97 Taylor v. Overseers of St. St. Mary's Abott 107 Thompson v. Gibson 18 •• V. Ward 96 Thomson V. Ingham 37 Thomiley v. Aspland 50 Tilt V. Dickson 70 Toder v. SanMun 6 Toms V. Cumming 28 '• V. Luckett 95 Totten V. Watson Ill Trimelston's Case (Lord) 102 Trotter v. Walker, (Hallam's Case) 27 Tully V. Farrell 67 U. U. S. Trust Co. V. U. S. Fire Ins. Co 76 V. Viner's Abridgement. 67 Voters' Lists of Goderich . . 17, 30 " " re Parsons and Toms.... 20, 42 Votes and Proceedings, Legisla- tive Assembly 79 Vrooman v. Sheurt 33 W. Wall v. Bright 89 Wallingham 66 WaUis V. Birks 91 Wansey v. Perkins 95 Ward V. Broughton 67 Wareham 69 Waterford 67 Weberstadt's Case 104 Webster V. Ashton-under-Lyne 111 " V. Lane Ill Welland 68, 61 West Elgin 13 " Montreal 66 " Toronto 33 " Wellington 61 Westminster 100 Whithorn v. Town Clerk of Tewkesbury 107 Wican 67 Wilde V. Bowen 60 Wildes V. Russell 4 Wilkinson v. Britten 27 Williams V. Burgess 33 Wilson V. Marryatt 103 Wilson V. Town Clerk of Sal- ford 6 Wood V. Chapin 76 " V. Willesden 10 Woodward v. Sarsons 46, 64 Wolferstan's Election Petitions, 63 Worcester 58, 63, 99 " Button's Case Wright v. MUla 33 " V. Perkie 29 • • v. Town Clerk of Stock- port 95 Y. Yorkshire 63, 91, 101 Youghall 59 MANUAL ON VOTERS' LISTS, An Act respecting Voters' L sis. (a) REVISED STATUTES OF ONTARIO, CHAPTER 9. Copy Clei Short title, s. 1. Alfiiabetical List of Voters to be made by Clerk of Municip^ity from the As- sesameut Roll, in 3 parts, 8. 2. to be posted in the Clerk's office and copies to be sent to certain persons to be posted up in the municipality, ss. 3-6. Clerk to publish notice of date of posting in his office, s. 7. Revision of Voters' List bv THE County Judge : Who may make complaint to Judge and on what grounds, s. 8. Procedure in case of com- plaints, ss. 9, 10. If no complaint Judge to certify three copies of the alphabetical list, s. 11. If complaints made Judge to certify three copies of the list as revised by him, s. 12. Miscellaneous : Municipality to provide a Court Room, s. 13. Powers of Judge, ss. 14-18. Abandonment of complaint by an appellant and mter- vention of another, s. 19. Costr of complaints, ss. 20, 21. Order for supplementary as- sessment roll to be made by the Judge where neces- sary, s. 22. Failure of Clerk to perform duties not to vitiate list, s. 23. Provision in case of such failure, s. 24. Penalties — For neclect by the Clerk of the Municipality, s. 25. For wilful alteration of list, s. 26. For colourable transfer of property to confer a vote, 8. 27. Recovery of penalties, s. 28. Assessors to make inquiries before assessing persons claiming to be entitled to vote, 8. 29. Penalty for wrongfully asses- sing, or omitting from roll, s. 30. Officers having custody of lists to furnish copies if required, s. 31. Board of County Judges to make rules, s. 32. Entry of certain words in list, s. 33. Forms, s. 34. (a) The Election Act (R. S. O. c. 10) defines the statutory qualifications necessary for the possession and exercise of the 1 2 MANUAL ON VOTERS LISTS. HER MAJESTY, by and with the advice and con- sent of the Legislative Assembly of the Province of Ontario, enacts as follows : Short title. 1. This Act may be cited as "The Voters* Lists Act:' (b) Mli : I i franchise. This Act prescribes the method of ascertaining the names of all persons who possess that franchise, and ol enrolling them in the capacity of qualified electors on the Voters' Lists. (6) The legislation in regard to the revision of Voters' Lists may be traced as follows : The first enactment providing for such revision was contained in the English Reform Act of 1832 (2nd Wm. IV. c. 45). That Act required the overseers of the poor to prepare and publish lists of persons entitled to vote, together with the nature of the qualification, and that where any person should be entitled to vote in respect of real pro- {)erty, then, in counties, the local or other description of the ands, and, in cities, the name of the street, lane or other description of the place where such property might be situate, should be specified in the list. This list was subject to revision before a revising barrister ; but such revision was not final. (Sec. 60.) The Registration Act of 1843 (6 Vic. c. 18) made further provisions respecting the list or register of voters, and enacted that, at every election, such register of voters should be conclusive evidence that the persons named therein continued to have at the time of such election the qualifications annexed to their names, subject to certain pro- visoes ; and as explanatory of the 60th section of the Reform Act provided that no Election Committee should inquire into the validity or invalidity of any vote, except when the vote had been "specially retained, or inserted, or expunged, or omitted from the register of voters by the express decision " of the revising barrister, or except where legal incapacity had arisen subsequent to the revision. (Sec. 98. ) This Act may he called the "The Voters' List Finality Act" of England, and is still in force. In Canada the first Act providing for a list of voters, was passed in 1853 (16 Vic. c. 153). It provided (sec. 5, sub-sec, 2,) that the clerk of each municipality should, after the final revision and correction of the Assessment Rolls, forthwith make a correct alphabetical list of all persona entitled to vote at Parliamentary Elections within the muni- cipality, according to the definitions in that Act, together with the number of the lot or part of a lot, or other description of of the real property in respect of which such persons weru so qualified. In 1854 the operation of this Act was temporarily MANUAL ON VOTERS LISTS. 8 2. The Clerk of each Municipality (c) shall, imme- Clerk to Toten In three parte. or » suspended (18 Vic. c. 7), and in 1855 it was repealed (18 Vic. c. 87.) In 1858 the provisions of the 16 Vic. c. 153 were re- enacted (22 Vic. c. 82, and amended by 22 Vic. c. 10, 1859), and the Assessment Roll was made final as to the right to vote. Since that period a system of registration of voters has been in operation, incorporated successively in the C. S. C. c. 6, and 32 Vic. c. 21, this latter Act repealing the finality clause in the former Act. The Voters' Lists Acts of 1874 (37 Vic. c. 4), and of 1876 (39 Vic. c. 11), introduced the system of a revision of the Voters' Lists by judicial authority, similar to that provided by the English Registration Acte, .and in 1877, the principle of gi.ing finality to such revision was again recognized by the Legislative Assembly, and in 1878 it was incori)orated in the Voters' Lists Finality Act, 41 Vic. c. 21. (c) The Clerk, although an officer of the Municipal Council, has, under the Act, public statutory duties to perform in addi- tion to those required of him as an executive officer of theCouncil. The statutory duty of preparing a correct list of the qualified voters of his Municipality requires him to compile a careful and alphalietical collection and list of the names of the voters, together with a description of their properties and their assessed titles, as owners, tenants, occupants, income voters, or farmers' sons. In the performance of this duty the Clerk is not in any sense the servant or officer of tlie Council, but is an officer of the public, having a responsible and important duty to perform, the neglect of which subjects him to statutory penalties. And such penalties will be imposed not only for wilful but for inadvertant neglect. King v. Burrell, 12 A. & E. 460. The duty of the Clerk under this section is impera- tive : " shall immediately after," &c., " make a correct alpha- betical list. The wonl •' shall " shall be construed as impera- tive {Interpretation Act, R. S. 0. c. 1, s. 8, sub-s. 2). This list must be prepared and printed "within thirty days after the final revision and correction of the Assessment RolL" (See note ( u) sub-s. 9 post. ) The neglect of the Clerk is not to render "null, void or inop at.ve any of the lists in this Act men- tioned " (sec. 23) ; out in case the Clerk fails to make out and publish the Ust, the Clerk of the Peace, or any elector, may apply summarily to the County Judge, and the Judge may make such orders as he deems necessary. (Sec. 24). He may also be liable to a forfeiture of his office, or to an application for a writ of mandamus. "If an officer acts contrary to the nature and duty of his office, or if he refuses to act at all, in these cases, the office is forfeited," Bac. Abr. tit., " Offices and Officers," M. "A general neglect or refusal to attend to A MANUAL ON VOTERS LISTS. i I 1' ^ i il i diately after tlie final revision and coirection (d) of the ajssessment roll (e) in every year, make a correct the duty of such an office is a reason of forfeiture, a deter- mined neglect, a wilful refusaL" Per Lord Mansfield, C. J., in Hex v. Corporation of Wells, 4 Burr. 2004 ; see also Wildes V. Russell, L. R. 1 C. P. 722. The writ of mandamus lies to command a public officer to discharge all the duties belon«ng, or] annexed, to his office, Rex v. Mayor of Gravesend, 2 B. & C. 602 ; notwithstanding that he may be liable to a penalty for neglect. Rex v. Evtret, Cas. Temp. Hard. 261. Thus where the overseers of one of several parishes in a borough omitted to make out the burgess list, and at the Revision Court of the Ma5'or, there was no list in which the name of the claimant for the parish appeared, a mandamus was granted. Regina v. Mayor of Lichfield, 1 Q. B. 453, s. c, 5 Jur. 889. (d) "■ Final revision and correction of the Assessment Roll." See note (u) to sub-s. 9, post. (e) The Assessment Roll when completed and finally revised and corrected is the foundation of all proceedings with a view to Parliamentary and Municipal elections, or Municipal tax- ation, and all copies and lists ou/^ht to correspond with it, for it is the primary or original roll. The duties of the several Municipal officers in preparing and finally revising the roll are prescribed by the Assessment Act (R. S. O, c. 180), as follows: (1) The assessor " shall begin to make his roll not later than the 15th February, and shall before completion serve a notice on every party assessed, and shall complete his roll before the 30th April (s. 42), and "on or before the Ist May shall deliver to the clerk such Assessment Roll completed and added up. " (S. 43). (2) Notice of appeal by any party com- plaining of assessments shall be given before the 15th May, or within fourteen days after the return of the roll in case the same is not returned within the statutory time. (S. 56, sub-s. 2). (3) The Court of Revision may meet after the 26th May (s. 52), and shall complete its final revision of the roll before the Ist July. (S. 56, sub-s. 19). (4) Notice of appeal to the County Judge, from the decision of the Court of Revision, shall be given by the 6th July. (S. 59, sub-s. 2). (5) The County Judge shall determine all appeals before the ist August. If cities and separate towns pass by-laws under 8. 44, then the assessment is to be made between the Ist July and the 30th September, and the roll is to be returned on the Ist October. The Court of Revision is to close its sittings on the 15th November, and the County Judge is to determine all appeals by the 31st December. County Councils may pass by- laws for taking the assessment between the 1st February and MANUAL ON VOTERS LISTS. B alphabetical list (/) in three parts (g) (Forai 1) of all Form i. male persons (h) being of the full age of twenty-one yeara, (i) and subjects of Her Majesty by birth or the 1st July, and the dates will then be regulated by such by- laws. See R. S. O. c. 180, s. 46. (/) The object of the Voters' List is to furnish an official alpha- betical register of all persons who are possessed of the requisite qualification as voters. It is to enable all persons interested in the election to have a check at hand in the time of polling the votes. Reyina ex rel. Dumlas v. Nilen, 1 0. L. Ch. 198. And so that the voter may be easily identified when he tenders his vote at the polls. Lincoln Election, (Berston'n Case) 2 App. R. " No person shall be admitted to vote unless his name appears on such list ; and no question of qualification shall be raised r,t any election except to ascertain whether the per- son tendenng his vote, is the same person intended to be designated in the said list." Election Act, R. S. O. c. 10, s. 73. (g) See notes (?) (m) (n) (o) to sub-sections 2, 3, 4 and 5. (/*) Women are not entitled to vote at any Parliamentary election, R. S. O. c. 10, s. 6. In England it has been held that women being under legal incapacity have no common law right to vote. Chorlton v. Lings, L. R. 4 C. P. 374 ; Wilson V. Township of Salford, L. R. 4 C. P. 398. The same rule pre- vails in Scotland. Broion v. Ingram, 7 Sess. Cas. (3rd series) 281. " I trust the unanimous decision of tne Scotch Judges, and our unanimous decision, will for ever exorcise and lay this ghost of a doubt which ought never to have made its appear- ance," Per Byles, J., in Chorlton v. Lings, supra. Nor in Municipal elections in England, are married women entitled to the franchise. Regina v. Harrald, L. R. 7 Q. B. 361. Only malo persons can vote at Municipal elections here. (R. S. O. c. 174, s. 76). (See note (o) to 41 Vic. c. 21, s. 3, sub-s. 4, post. ) (i) The full age of twenty-one years is completed on the day preceding, the anniversary of a person's birth. Anon, 1 Salk. 44. A. was born on the 16th August, 1725, and died on the 15th August, 1746. Hehl, that he lived to attain the age of twenty-one years. Toiler v. Sansam, 1 Brown's P. C. 468. If by the entry on the Assessment Roll under the heading *' age of the assessed party," it appears that the person is not 21 years of ace, the clerk cannot enter his name on the Voters' List; but such person, if ho will attain the age of 21, within 60 days from the nnal revision and correction of the Assessment Roll, may apply to the Judge to have his name entered. (See B. 8, 8ub-s. 4, post). m 6 MANUAL ON VOTERS LISTS. natui'alization, {j) and appearing by the assessment roll to be entitled to vote (k) in the Municipality, prefixing {j) These words, "subjects of Her Majesty by birth or naturalization, " cannot be construed to give the Clerk juris* diction to determine whether a particular person, entered upon the Assessment Roll, is an alien or a subject of Her Majesty. He must assume, for the purposes of the Voters' List, that all persons assessed thereon are British subjects, and must leave to the judicial proceedings before the County Judge the question of alienage or naturalization. The Clerk must accept the entries on the Assessment Roll, and where such Roll gives the statu- tory information which the Assessment Act requires, viz., the "name of the taxable party," by which the Clerk can ascertain the sex, or the "age of the assessed party," by which he can ascertain who are minors, he is bound to notice such entries, leaving the parties affected to appeal as they may be advised. But as there is no statutory provision giving the assessor, or the Court of Revision, jurisdiction to determine whether the assessed party is an alien or a subject, the Clerk, even if be finds the term " alien "or " foreigner," or "not a British subject," entered on the Roll, should not assume to determine the ques- tion of alienage or naturalization by omitting the name from the Voters' List,— the presumption of law being that "the resident and assessed inhabitants of this Province are British subjects." Per Robinson, C. J., in Heg'ma ex rel. CaiToll v. Beckioith, 1 Fr. R. 284. It may be here stated as an historical fact, only, in connection with this clause, that while the Election Act of 1877, (40 Vic. c. 10) was before the Legislative Assembly, it contained u clause directing the assessor to indicate on his roll all persons who were British subjects or aliens, by prefix- ing the letter B or A to their names ; but the clause was struck out before the Bill passed, it having been urged that it was giving an unwarrantable power to an assessor to determine a mixed question of law and fact, against the ordinary presump- tion of law, and to determine that question ex parte. See Bills of 1877, No. 122. (k) The right of voting in England, prior to the first statute regulating the franchise, (8 Henry VI. c. 8) was a common law right, and was free to all comers. ' ' Every inhabitant and com- moner in each County had a voice in the election of Knights before 8 H. 6, whether he were a freeholder or not. " — Pryune's Brevia Parliamentaria, 187. "By the common law, all free- men of England had a voice in the election of these Knights within the counties where they dwelt." — Dalton's Duty of Sheriffs, 334. The term " freeman " is from liber homo in the statute of Merton, 20 Henry III. c. 10, and means "owner of land."— Wright's Tenures, 67. " For by the antient constitu- MANUAL ON VOTERS LISTS. or to the name of each person his number u|X>n the roll. 39 V. c. 11, s. 1; 40 V. c. 12, s. 4. 2. The first of the three parts (I) shall contain the ^Jret part : names, in alphabetical order, of all male persons of full tA^ md"^' age and subjects as aforesaid, appearing by the assess- ^'«n*cip«l ment roll to be assessed for the real property or income requisite to entitle them to vote in the Municipality at both Municipal Elections and elections for membei'S of the Ijegislative Assembly. 40 V. c. 12, s. 4. (a) 3. The secoud part (m) shall contain the names, in Second part: ^ ^ ' Munldpal Voters only. tion, the elections were to be made by such persons only as were possessed of lauds and tenements held by them as free- holds, or free burgage tenures." — Lex Parliamentarian 5. (t) The qualifications of persons to be entered in the first part (and not disqualified as defined in notes (m) and (71) post) are : — I. Real Property Franchise. (1) Entry of name on the Assessment Roll; (2) as "Householder" or "Occupant;" " Freeholder" or "Owner"; or "Tenant" of real property; (3) of the assessed value of (a) in cities $400, (b) in towns $300, (c) in townships and villages $200. II. Farmers' Sons Franchise. (1) Entry of name on the Assessment Roll. (2) Being the son of the owner and actual occupant of a farm. (3) Assessment of such farm at an amount sufficient, is equally divided between owner and sons to give the statutory qualifications of $200 to each. The assessed value of the farm is made the foundation of the right to vote. III. Income Franchise. (1) Entry of name on the Assessment Roll. (2) Assessed by such roll for an income of not less than In none of the above cases can the Clerk investigate the right of any person to be entered upon the Voters' List, outside 01 what appears properly recorded upon the Assessment RolL In* the preparation of this part, the Clerk must refer to the Election Act, s. 4, to ascertain whether any appear on the Assessment Roll under the column "occupation, as holding any of the disqualifyiug official positions mentioned in that section. (m) The qualifications of persons to be entered on the second part are : — (1) Those who are entered upon the Assessment Roll for real property held in their own neht or in the right of their wives, (R. S. 0. c. 174, s. 76) of we actual value of 8 MANUAL ON VOTERS LISTS. alphabetical order, of all other male persons of full age and subjects as aforesaid, appearing by the assess- ment roll to be entitled to vote in the Municipality at Municipal Elections only, and not at elections for membera of the Legislative Assembly. 40 V. c. 12, s. 4. (6) 4. The third part (n) shall contain the names, in alpha- betical order, of all other male persons, of full age and subjects as aforesaid, appearing by the assessment roll to be entitled to vote in the Municiiiality at elections for members of the Legislative Assembly only, and not at Municipal Elections. 40 V. c. 12, s. 4. (c) Lists for 5. Where a Municipality is divided into polling sub- divWOTi™'*^ divisions the list (to be made in three parts as aforesaid) shall be made for each of such subdivisions, (o) 39 V. c. 11, s. 1 (2); 40 V. c. 12, s. 5. Third part: Pwliamen- tary Voters only. $100, and not entered on part I., {Ibid. s. 77) ; and (2) those who possess the qualifications for the Municipal Fiv'T^rryv-^, but are disqualified from voting at Parliamentary? .?,le ;■'■.. by the Election Act, such as Judges of the Superio; County Courts, Officers of Customs, Clerks of the r.'.a. County Attorneys, Registrars, Sheriffs, Deputy SJierif Dwputy Clerks of the Crown, Crown Land Agents, Postm;xsters in Cities and Towns, and Excise or Inland Revenue Officers, (R. S. O. c. 10, s. 4). (3) Farmers sons, as defined under part I, where the amount of the assessment of the farm, if equally divided between father and sons, would give the municipal qualification of $100 to each, and not entered in part I. (n) The third part is to contain the names of those who possess the cjualifications defined in note (I) ante, but who lose their Municipal franchise in Municipalities where by-laws have been passed under the Municipal Act, (R. S. O. o. 174, s. 461, subs. 2) disqualifying electors for non-payment of taxes, when the Votiers' List is prepared after the date mentioned in the by-law ; and (2) those who have been adjudged guilty of bribery or undue influence at Municipal elections. {Ibid. s. 206) ; (3) the Clerk of the Municipality (Ibid. s. 152, sub-s. 2.) (o) Where the Township is divided into Municipal Wards, and also into polling sub-divisions for Parliamentary Elections, — the boundaries of the wards not being the same as the MANUAL ON VOTERS LISTS. 9 full psess- by At for [•12, fpha- and roll tions not 6. If the qualification of any such person is in respect Real pro. of real property, the Clerk shall, opposite the name of J^'^^n'^jja the person, insert, in the proper column of the voters* il»t list, the number of the lot or other proper description of the real property in respect of which each person is 80 qualified ; {p) and in the case of the person being a boundaries of the polling sub-divisions — the duty of the Clerk is to follow the directions of this Act, viz., to make the lists according to the boundaries of the polling sub-divisions, and not of the Township Wards. But as the second part of the list includes only Municipal Electors, it would not be held to be a breach of duty, if the Clerk, in making out such list, recognized the boundaries of the wards. But in no case should he duplicate the names on the list according to the ward, and also according to the polling sub-division boundaries, of the Township. {p) It must appear on the Assessment Roll by what title the voter claims the franchise, whether for real property (F. H. T.), or income, or as a farmer's son. (F. S.) For " the number of the lot or other proper description of the real property," the Clerk must look to the Assessment Roll alone. The Assessor in preparing his roll is required (R. S. 0. c. ISO, 8. 12), " after diligent enquiry," to set down ** according to the best information to be haid," "the number of concession, name of street, or other designation of the local division in which the real property lies," "number of lot, house, &c., in such division." The English Registration of Voters' Act (6 Vic. c. 18, s. 101), requires that "the person, place or thing shall be denominated in such schedule, list, register or notice as commonly understood." The words "commonly understood " would seem to imply some clumsy description, which, though inaccurate, sufficiently points to the house or other thing described. Flanders v. Donner, 2 C. B. 63. As where a person describes a parish by a popular name, or where part of a name is omitted. Ehstoorth v. Farrer, 4 C. B. 9. "The Rate Roll must specify the descrip- tion of property in respect of which the occupier is rated, — house or land, or something by which it may be ascertained whether he is properly rated." Per Abbott, C. J., Rex v. Aire and Calder Navigation Company, 4 D. & R. 253, s. c, 2 B. & C. 243. "The Court has never decided that the omission of the property makes the rate illegal, though it pointed out (in Rex v. Aire, d:c., supra), as a cause of appeal, it would be a ground for quashing the rate." "It is liable to be quashed, but if no objection is taken, such a rate is good and legal." Per Bayley, J., in Rex v. Bromyard, 2 M. & R. 283, s. c, 8 2 wjnrr 10 MANUAL ON VOTERS LISTS. ReT. But 0. farmer's son within the meaning of "The Election Act** I0an9). The dates at which the Assessment Roll " shall be understood to bo finally revised and corrected," will therefore vary according as to whether any proceedings by way of complaint or appeal nave, or have not, been taken before the Court of Revision or County Judge. The dates may *^ determined by the foUowir.tj rules : — be (1) If there ha« been no complaint or appeal to the Court of Jtcvmon, then, on such day after the 2()th May, as the roll is finally passed by the Court of Revision, and certified by the Clerk as passed. (R. S. 0. c. 180, s. 57). (2) If there haa been a complaint or appeal to the Court of Revinion, and no appeal to the County Jaihje, then when the time (five days after the first day of July) during which such appeal may be made has elapsed and not before, viz., on the 7th July. (Ibid. 8. 59, subs. 2.) (3) If there has been an appeal to the County Judge, then on such day prior to the Ist August, as " the decision of the Judge" is given on the appeals. {Ibid. a. 60). These dates are most important to be noted, for the Clerk is required by the Election Act, (R. S. O. c. 10, s. 71) to give to each Deputy Returning Officer a certificate of the day on which the Assessment Roll was returned by the assessor — by which the right of a larmer's son to vote is to be determined, — and of the day on which such roll was finally revised and corrected, — by which the rights of voters in respect of real property and income are to be determined. " Sudi certificate shall determine the dates to be inserted in the oaths to voters at the polls." As this certificate is of so much importance in fixing the time at which the Parliamentary Franchise is retained or lost, the Clerk is bound to see that in giving it he fixes the date in accordance with the rules laid down in the statute. The date will vary in the several Municipalities of the Electoral Division »ccording to whether appeals have or have not been made to the Court of Revision, or County Judge. (« ) From note (u) to the preceding r action it will be seen how the "thirty days after the final revision and correction of the Assessment Roll" may be computed. Under rule (1) it will be thirty days after the day on which the roll is finally passed by "1 MANUAL ON V0TEK8' LISTS. 19 [he said Pter the lo juna- Ibcen (1) pion, and jfusal, to (R. S. kent lioU 3d, will {8 by way 3n before may be Court of ;he roll is ed by the Court of m the time uch appeal e 7th July. ttdfje, then ision of the ihe Clerk is 71) to give the day on Bsessor — by lermined, — revised and ect of real li certificate IS to voters iportance in e is retained he fixes the bhe statute, be Electoral ye not been be seen how ction of the (1) it will be y passed by final rovision and correction of tho assessmont roll, tho Clerk (to) shall cause at lea«t two hundred copies of OopiM to b« said list to be printed (x) (in pamphlet form where ^,^j5n„^ practicable), and forthwith shall cause (y) one of such "15"'''? printed copies to be posted up, and to be kept posted to cfiruiD up in some conspicuous ])lace in his own office, and "*'''*'■• deliver or transmit by j)ost, by registered letter, or by parcel or book post, registered, (z) three of such copies the Court of Revision. Under nde (2) it will be the 6th August. Under rule (3) it will be thirty days after the day on which the County Judge gives his decision in the appeals. (»») The failure of the clerk to perform the duties prescribed by the Act within the times appointed, is not to render null, void or inoperative any of the lists in the Act mentioned. (S. 2.3, pout.) The English Registration Act (6 Vic. c. 18, s. 26) provides that tho list shall not be invalidated by im|>erfect publication as to name or place, and the revising barrister is to proceed on any list published for any part or the prescribed time ; but the overseers and clerks are to be liable to the penalties for neglect or wilful default. See Mathtr v. Over' ee.er8 of AUandiue, L. R. 6 C. P. 272. («) Wliere the overseers in prepairinc the lists for publ'ca- tion placed the name of C, a voter, under the proper heading, but the printer by mistake inserted on the sheet which commenced with C. s name a heading apx)licable to another list, and the overseers published the list as printed, with the error, the revising barrister decided that there had not been a publica- tion of the proper list, and expunged the name of C and all the names which followed his under the wrong heading. Held, reversing the decision of the revising barrister, that there had been a sufficient publication of the Ust, and that the votes should have been retained. Mciher v. Oim'seera of Allan- dale, L. R. 6 0. P. 272. (y) The duty of the Clerk, after the printing of the lists, is ; (1) To post up and to keep posted up in his office one printed copy. (2) To deliver or transmit by post (registered) to certain official persons, two, three, or ten copies each, with certificate. (3) To publish in some newspaper within or next the Muni- cipalitjr, or in the County Town, a notice stating that he has transmitted the copies, and mentioning the date of the first posting of the list in his office. (z) This provision " to transmit by post by registered letter, 16 MANUAL ON VOTERS LISTS. to each Judge of the County Court of the County to which for judicial purposes the Municipality belongs; and two copies to each of the following persons, that is to say : — a. Eveiy member of the Municipal Council of the Municijmlity except the Reeve ; b. The Treasurer thereof ; c. The Sheriff of the County ; d. The Clerk of the Peace ; e. Every Postmaster in the Municipality ; /. Every Head Master or Mistress of a Public or Separate School in the Municipality. 39 V. c. 11, s. 2. Clerk of tta 4. The Clerk of the Municipality shall forthwith municipality also deliver or transmit by post, by registered letter, or (pieatToer- ^7 parcel or book post, registered, ten of such copies to in persons, each of the following persons, that is to say : — or by parcel or book post, registered," is similar to the provisions of s. 100 of the English Act, respecting notices of objection to votes. All that the Legislature requires (by that Act) is that the party should deliver the notice at the proper office within the proper hour, and that he should pay the proper fees for its registration, and wait for, and receive back, one of the duplicates stamped with the post office stamp. Allan V. Waterhouse, 1 Lutv'. 92, s. c, 13 L. J. 0. P. 129. It appeared that the notices were duly posted on such a day as was sufficient for them to have reached their destination within the time required by the statute, but from some neglect in the post office they did not reach their destination until after that time : Held, that the service was sufficient Bayley v. Overseers of Nantwich, 2C. B. 118. So although the notice was not delivered by the post office authorities. Bishop V. Helps, 2 C. B. 45. A person putting into the post office a letter properly directed has done all that is necessary for him to do, and is not answerable for casualities occurring in the post office. Dunlop v. HUjfi'ms, 1 H. Lds, Cas. 381 ; Marris't Case, L. R. 7 Ch. App. 569 ; Johnston v. Provincial Insurance Company, 27 C. P. 464 ; Sliannon v. Hastings Mutual Insurance Company, 2 App. R. 81. Sed contra British and American Teleijraph Company v. Colson, L. R. 6 Ex. 114; McCanny. Waterloo Couiity Fire Insurance Company, 34 Q. B. 376. MANUAL ON VOTERS LISTS. 17 a. The Member of the House of Commons for the The m. p. Electoral District in which the Municipality or any part thereof lies ; h. The Member of the Legislative Atsembly for the The M. p. p. Electoral District in which the Municipality or any port thereof lies ; c. Every candidate for whom votes were given at the Candidates, then last election of a member for the House of Commons and for the Legislative Assembly respec- tively ; and d. The Reeve of the Municipality. 39 V. c. 11, s. 2. ReeTe. 5- Upon each of the copies so sent to each pei*son On each copy shall be a printed or written certificate (Form 2) over^^y^'^*^ the name of the Clerk, (a) stating that such list \l a certain correct list of all pei-sons appearing by the last revised "'* "' assessment roll of the Municipality to be entitled to F"'^™ 2. \ote at elections for members of the Legislative Assembly ; {b) and further calling upon all electors to (o) One S., the Clerk of a Municipality, duly prepared the alpb:;betioal lists, had them printed with the proper certificate ov(T his np.me, and ready for transmission at a date meutioned in the prmted certificate. Before that date arrived, he died, and a new Clerk was appointed, who, finding the lists prepared and printed, posted one copy in his office, and transmitted the copies to the official persons mentioned in the Act. Complaints were lodged within the prescribed time, but objection was made that the County Judge had no jurisdiction owing to the notices not having been signed or given by the new Clerk, The County Judge overruled the objection ; and, on an application for a writ of prohibition, lield, that the provisions respecting the duties of the Clerk, &c., were directory, and that as the object of the statute was fulfilled to all intents and purposes, the lists were properly before the County Judge, and he had jurisdiction to revise them. Re Goderkh Voters' Lists of 1874, 6 Pr, R. 213. The object of having the Clerk's name to the lists is to authenticate them as coming from the Clerk's office. Ibid. The provision in the statute requiring the signature of the officers is only directory, and a list not so signed is not invalid. Morgan v. Pen-y, 17 C. B. 334. (6) Where a statute provides that a thing is' to be done at a certain time and in a certain way, the statute ought to be 3 .ii^'l 18 MANUAL ON VOTERS LISTS. examine the said list, and, if any omissions or other errors are perceived therein, to take immediate pro- ceedinffs to have the said errors corrected according to law. 39 V. c. n, 8. 2; 40 V. c. 10, s. 3. Sheriff, clerk 6. The Sheriff shall immediately upon the receipt of teacher^d' ^^^ copies cause one of them to be posted up in a con- poatmaster spicuous place in the Court House ; the Clerk of the cop^' up a pgg^Qg^ upon receipt of his copies, shall cause one of them to be posted in a conspicuous place in his office ; every Public or Separate School Head Master or Mis- tress shall, in like manner, post up one of his or her copies on the door of the school-house ; and every Post- master shall post up one of his copies in the post office, (c) 39 V. c. 11, s. 2. Clerk to pub- 7 • The Clerk shall also forthwith (d) cause to be inserted flrat posthig^i° some newspaper published in the Municipality, or in up by him. case no newspaper is published in the Municipality, then in some newspaper published in the Municipality next strictly followed. The notice here provided for, ia to warn the electors interested that the lists are posted, and that the time within which complaints are to be made, can be ascertained either at the Clerk s office, or from the notice in the newspaper, stating the date of the first posting up of the list in the Clerk's office. (c) The English Registration Act (6 Vic. c. 18, s. 23) requires the notices to be affixed in some conspicuous situation on the outer door or outer wall, near the the door of every church, public chapel, and town hall, and (s. 24) to continue posted thereon for at least two consecutive Sundays. {d) The terms "forthwith" and "immediately" should always receive a reasonable construction. They should, in general, be construed to mean as soon as can reasonably be done. Refjina v. Robinson, 4 P. & D. 391 ; Thompson v. Gibson, 8 M. & W. 281. They mean a reasonable time. Doe v. Sutton, 9 C. & P. 706. When no time is expressly mentioned for the performance of an act, the law considers it shall xke place within a reasonable time. Oreaves v. AsJilin, 3 Camp. 426 ; Ellis V. Thompson, 3 M. & W. 445. A question of reasonable time for the performance of an act, is a question of fact and not of law. Startup v. Macdonald, 2 M. & Gr. 395. MANUAL ON VOTERS LISTS. 19 thereto, or in the County Town, a notice (Form 3), Forms. signed by him, which shall state that he has delivered or transmitted the copies of said list as directed by this Act, and shall also mention the date of the first posting Date of poet- up of said list in his office, (e) One insertion of such ^* '***■• notice shall be sufficient. 39 V. c. 11, s. 3; 40 V, c. 10, s. 2. 8. The said list of voters shall be subject to R«v|f^**" ®' revision (/) by the County Judge, at the in- county stance of any voter (g) or person entitled to be a*'"'^* (e) This notice is perhaps of more importance thsin the printing and distribution of the Voters' Lists, for it is the only public notification of the date, from which the right of appeal commences to run. The neglect of the Clerk to give this notice may deprive the parties concerned of their right to object to the lists, \^^le^e in cases of appeals to the Court of Revision, the Clerk was required by the statute to serve notices of appeals "at least six days before the sitting of the Court," which he neglected to do, and the Court of Revision refused to bear the appeals ; a mandamus to the Court of Revision to compel them to hear and determine the matters was refused. Regina v. Court of Revision of Cornwall, 25 Q. B. 286. But see R. S. O. c. 180, s. 58, sub. 4, and note (d) page 29, post. (/) It is essential to the validity of an election, that the parties named on the Voters' List, and voting at the election, should possess the proper Parliamentary Franchise, in the Electoral Districts concerned ; and that result can only be arrived at by a careful and exhaustive examination of the Voters' List, after it has been published by the Clerk under this Act. Every facility is provided for obtaining printed copies of the proposed list, and sufficient time is given (30 days), after the posting of the lists, for a careful investigation of every vote which may be gained, or lost, by entry on, or omission from, the list, preparatory to the election contest. And this examination is now all the more important, and will demand so much more care and thought, for the purposes of claim or objec- tion, as the Voters' Lists to be used at elections hereafter are, by the " Voters' Lists Finality Act" of 1878, to be " final and conclusive evidence of the right of all persons named therein to vote at any election," except as to disqualifications arising subsequent to the revision by the County Judge, or under ss. 4, 5, and 6 of the Election Act. {g) " Voter. " In the English Corrupt Practices Act of 1854 the word "voter" is defined to mean "any person who has, or 20 MANUAL ON VOTERS LISTS. Grounds of voter (h) in the Municipality for which the list is v^Sf*** ^'^^^^ or in the Electoral District in which the Muni- ri) omitted; cipality is situate, (i) on the ground (j) of the names nwamd*"*^^ of voters being omitted from the list, (k) or being claims to have a right to vote in the election of a member to serve in Parliament." (h) "A person entitled to be a voter," may be a person having so much of the statutory qualification as gives him the right to have his name entered on the Assessment Koll, and Voters' List ; or, if on the Assessment Roll, to have his name entered on the Voters' List. The County Judge has the right to examine and decide whether the person making complaint of errors and omissions in the list of voters is "a voter or person entitled to be a voter," although such complainant may appear on the roll as duly qualified, and his vote is not appealed against, and such decision cannot be reviewed. Re Parsotis and Toms, and the Voters^ List of Goderich, 3G Q. B. 88. "Had the Legislature meant that the fact of being on the Voters' List, entitled a person to be a complainant, it would have been easy so to have enacted. When they speak of 'a voter or person entitled to be a voter,' they mean some- thing beyond the mere being on the list." Per Hagarty, C. J., J bid. But see Smith v. Jaynes, L, R. 1 C. P. 138. (/) " In the Municipality for which the list is made, or in the electoral district in which the Municipality is situate." This would seem to qualify as a complainant any "voter or person claiming to be a voter " in any Municipality withia the electoral ilistrict ; but it would be more convenient that the complainant should be a resident voter in the Municipality concerned. (j) The grounds of complaint (in addition to the specific grounds set out in sub-sections 3, 4 and 5) are : — (1) That the names of voters are omitted from the Ust. (2) That the names of voters are wrongly stated on the list. (3) That the names of persons are inserted on the list who are not entitled to vote. (4) That the names of persons are entered on the list who are disqualified or incompetent to vote under the Election Act. {h) The first ground of complaint may include the following classes of cases : — (1) Those owners, tenants, or occupants, or farmers' sons who were interested in real property at the time of making out MANUAL ON VOTERS LISTS. 21 wrongly stated therein, (I) or of names cf persons (3) not en- being inserted on the list who are not entitled to*'*'^**'^"**' vote ; (in) and upon such revision, the assessment roll the roll, and who retained that interest at the date of the final revision of the roll, but whose names are omitted from the Assessment tvoii and Voters' List. (2) Those owners, tenants, or occupants, or farmers' sons, omitted from the Voters' List by reasou of the real property on which they claim the right to vote, being not assessed to a sufficient amount to give the Parliamentary, (see note {I,) p.|7 ante,) or Municipal qualification. (See note (/«,) p. 7 ante.) (3) Those owners, tenants, or occupants who ;icquired their interest in the real property between the date of the making up of the roll by the Assessor and the date of the find revision of the roll. (See note («,) p. 13, ante.) (4) Farmers' sons who have resided on the farm of their father, mother, or stepfather, for twelve months prior to the return of the Assessment Roll, and who are entitled to vote at Parliamentary (see note (/,) p. 7, ante), and Municipal Elections. (See note (m,) p. 7, ante.) (5) Income voters whose names are entered on the Assess- ment Roll, anerson has been entered upon, and assessed for income by, the ast revised Assessment Roll. Lincoln Election {Borroioman'a Case'^, 2 App. R. Such interpretation would make this clause read, that the application to be entered on the Voters' List, must be in respect of property acquired after the preparation, and prior to the revision, of the Assessment R<)11, and for which he has not been assessed ; or in respect of the income for which he was assessed by the last revised Assessment Roll. The applicant should also apply to expunge the name of the person who appears to have been assessed for the pro> perty he claims. See (2) in note (m) ante. («) See note (i) to s. 2, ante. If the name appears on the Voters' List, and it is proved, on any application to strike it MANUAL ON VOTERS LISTS. 20 on the assessment roll, for real property or income (<) co days from of the amount requisite to entitle him to vote, and who Jj^eMment will be of the age of twenty-one years at any timerou mayap- within sixty days fiom the final revision and correction ^ ^' of the assessment roll, shall be entitled to apply to the ^<"'" * <»• Judge to have his name entered upon the voters' list or upon the assessment roll and the voters' list, as the case may require, (u) 40 V. c. 10, s. 4 (2). 5. A farmer's son (v) entitled to be assessed under Farmers' "T/te Assessment Act" shall, in all resi)ects and for all u°"^e"j^'*^ purposes, have the right to apply and complain to the Stat. c. isd, Judge on the revision of the Voters' Lists, and tohavepjy, ™*y*P' his name entered and inserted in the list (tv) in the same manner and with the same effect as if he were actually and bona fide a joint or separate owner, tenant oi' occupant as the case may be, {x) of the farm in respect of which he is entitled to be entered in the assessment roll. 40 V. c. 9, s. 4. ofiF, that the minor comes within this provision of the Act, the Judge would retain the name. Where a v.^ter was objected to as a minor, but it appeared he became of age previous to the revision, the vote will not be struck off. Powell v. Bradley^ 34 L. J. C. P. 67. {<) "Liable to be rated on the Assessment Roll for income." This is the only place in the Act where these words appear. This clause was not in the Voters' List Act of 1874. (u) The notice may be in the form given iu the schedule, as Form 5a. (u) Though the farmer's son may be entered on the Assess- ment Roll, nis right to vote depends upon the title by which his father, or mother, or step-father holds the real property assessed. The right is conferred upon the sons of Owners, who are actual occupants, and not upon the sons of Tenants, or Occupants, of farms. The entry on the Assessment Roll as to the title is not conclusive. See note (t) to s. 2, sub-s. 9, ante, and 41 Vic. c. 21, s. 9. (w) The notice may be in the form given in the schedule, as Form, 56. (x) There is a difference in the statutory rules regulating the right to vote of farmers' sons, and of joint owners, tenants, and occupants. In the case of farmers' sons, if there be more 26 MANUAL ON VOTERS LISTS. Penon com- 9, ^.ny voter or person entitled to be a voter (y) •rroiT ia the making any complaint of any error or omission in the "'*■ said list shall, within thirty days after the Clerk of the Municipality has posted up the said list in his office, («) than one, the right to vote belongs to the father, or stepfather, and so many of the elder sons, or to so many of the elder sons, (if their mother is owner), as the assessment, if equally divided at $200 each, for Parliamentary, or $1(X) each, for Municipal elections, will give to each a right to vote. Election Act, s. 7, sub-s. 2. In the case of joint owners, if the property is rated at an amount sufficient, if equally divided oetween them, to give a qualification to each, then each of them are to be deemed rated, otherwise none of them are to be deemed so rated, or entitled to vote. Ihkl. sub-s. 3. {y) See notes {g) and (/t) to s. 8. (2) " Within thirty days after." The day of the posting of the list is not included in reckoning the thirty days. See note (/)) to s. 11, post. No exception is made for Sundays and statutory holidays in the computation of time under this Act, as in the Election Act, (s. 196) ; Controverted Elections Act, (s. \QG) ; Common Law Procedure Act, {». Ql). But the Act to iwevent the profanation of the Lord'n Day (R. S. O. 0. 189), declares it to be unlawful for any merchant, &c., or other person whatsoever, on the Lord's Day, to do, or exercise, any worldly labour, business, or work of his ordinary calling, (s. 1) ; or to hold, convene, or to attend any public political meeting, (s. 2), under a penalty of not less than $1, and not more than $40, (s. 8). When a statute directs that a claim shall be made within a certain specified time, this right will be forfeited by an omission to assert the right within the given time. Doe dem. Watson v. Jefferson, 2 Bing. 118. "'The laws assist those who are vigilant, not those who sleep over their rights,' is one of the maxims which we learn on our earhest attendance in Westminster Hall." Per Heath, J., in Cox V. Morgan, 2 B, & P. 412. It applies in Courts of Equity as well as in Courts of Law ; Per Lord Cranworth, in Leather Cloth Company v. American Leather Cloth Company, 11 H. Lds. Cas. 523. And the maxim is obviously apphcable when- ever a party debars himself of a legal right or remedy, by his own negligence or laches. Camidge v. Allenhy, 6 B. & C. 373. The maxim also applies to a voter who has neglected to apply to correct a mistake in the overseer's Ust of persons Qualified to vote. Per Coltman, J. , in Onions v. Bowdler, 5 I. B. 74. When the Legislature has fixed the time, it would be preposterous for the Courts to countenance laches beyond the period that it had been confined by Act of Parliament. .' MANUAL ON VOTERS LISTS. 27 give to the Clerk or leave for him at his residence or Form 6 place of business, notice (Form 6) in writing of his notf^\<, t^^ complaint and intention to apply to the Judge inCierk, or if Smith V. Clay, 3 Brown's Ch. R. 639 n. The complaint must be made within the time Hmited. lieyina ex rel. TelJ'er v. A llan, 1 Pr. R. 214 ; lieyina ex rel. White v. Jioach, 18 Q. B. 226. Where the party has a certain number of days to do an Act, and the last day for doing such act falls on a holiday, then such day is not excluded from the computation ; but if the party cannot do the act unless the ofhces are open, and the fast day for doing it falls on a day upon which the offices are closed, by reason of its being a holitfay there, then such day is not to be reckoned. Wilkinson v. Britten, I Scott N. R. 348, s. c, 1 M. & Gr. 557. Where a notice of appeal is a notice of what one Court has decided, and authorizes another Court to take further proceedings, it is in the nature of "process," and under 29 Car, II, c. 7, cannot be served on Sunday. Begina v. Justices of Middlesex, (1848) 17 L. J. M. C. 111. But notice of appeals in respect of registration of voters is not " process" of a judicial character. Per Tindal, C. J., in Rawlins v. Overseers of West Derby, 2 C. B. 79. At common law Sunday was included in the calculation of time. Jbid. " The reason of Sunday not being a day of business, is the decent observance of the Sabbath. Fer Eyre, C. J., in Mesure v. Britten, 2 H. Bl. 617. When notice of an appeal from a conviction was required to be served " within six days after" the conviction, the conviction being on Monday the 2nd May, a notice of appeal served on Monday the 9th May was held to be too late. Reyina v. Justices of Middlesex, (1843) 7 Jur. 396 ; Rowherry v. Moryan, 23 L. J. Ex. 191. Where the last day for giving the notice of appeals from the list of voters, happened to be a Sunday, the notice may be given on that day ; the service is not void by statute nor by the common law. Rawlins V. Overseers of West Derby, 2 C. B. 72, s. c, 15 L. J. C. P. 70. A notice posted so as to be received on a Sunday is well served. ColvUle v. Lewis, 2 C. B. CO. Service on a Good Friday is good. Clarke v. Fuller, 2 U. C. R. 99. As the Courts do not sit on a Sunday no judicial act can be done or supposed to be done until the following Monday. 1 Chitty's Archibold's Pr. 142. The lateness of the hour of service on the proper day does not affect its validity. A notice served on a grown pei-son at the residence of the proper ofiicor at twenty minutes past eleven o'clock at night, held^ sufficient. Points v. Attwood, 6 C. B. 38. Where the notice was placed under respondent's door a short time before twelve o'clock at night, but the witness did not hear the clock strike, held, not sufficient proof of service. 1 Stephen's Law of EleC' tions 754. ^8 MANUAL ON VOTERS LISTS. 110 Clerk, to respect thereof ; (a) and if the office of Clerk is vacant •Coancii. by reason of death, resignation or from any other cause, such notice may be given in like manner to the head of the Council of the Municipality, (b) and the proceedings (rt) The notico of objection need not be signed liy the objec- tor on the day it bears date, but it is sufficient if it be signed by him on any day within the period he is by law qualified to object. Therefore, a notico bearing date the 12th, out in fact signed on the 18th August, was held good. Jones v. Jon>'», 35 L. J. C. P. 94. Although the claimant ought to write his signa- ture himself, nevertheless if ■written by the hand of another person, and such notice is acted upon, no third person can object to it on the ground of its not being properly signed. Dayien v. Hopkiun, 3 C. B. N. S. 376, s. c, 27 L. J. C. P. 6. It is sufficient if signed with the name of the claimant in the handwriting of another person by the authority of such claimant. McNilfe v. McTiernan, 3 Ir. Law R. N. S. 187. If the signature is "wholly illcgilde so that an ordinary per- son, unacquainted with the signature, could not, by perus'ng it with ordinary dilligence and skill, arrive at any reasonable conclusion what the signature was intended to designate," but if guided to the entiy m the register by the objector's place of abode, he might have inferred the identity ; held, reversing the revising barrister, that the notice was sufficient, on the ground that if the object of the statute was to authenticate the docu- ment, the signature was sufficient ; and if the object was to inform the opposite party, the revising barrister had not found that it did not so notify. Trotter v. Walker, (Hallam's Cane), 32 L. J. C. P. 60. It is not necessary that a separate notice of objection should be given in respect of each voter objected to in the list ; all the names of voters objected to may be included in one notice. Smith v. Holloumij, 35 L. J. C. P. 100. Where in the body of the notice the objector instead of using the pronoun inserted his surname before his Christian name, but it was found to be "commonly understood," held sufficient. Force v. Floud, 33 L. J. C. P. 71. The omission of the objec- tor to sign the notice of objections is fatal to his right to pro- ceed. Tovv) V. Cuming, 7 M. & Gr. 347. (But see s. 18 and notes, post.) Technical objections as to matters of form before a County Judge on the revision of the Voters' Lists ought not to prevail when no one can be misled or injured by the alleged errors. Per Richards, C. J., in JRe McCulloch am the Judge of Leeds and Grenville, 34 Q. B. 451. (b) That is, by giving to the head of the Council, or leaving for him at his residence or place of business. When the service is not personal, it may be served at the officer's place of abode on some grown-up person connected with his household. MANUAL ON VOTERS LISTS. 2^ thereafter by the Clerk, (e) Judge, (d) and parties p^^i^ resiiectively, and the respective powers and duties of of iicviaion> the Judge, Clerk and other persons, (e) shall be the same, or as nearly aa may be the stime, as in the carfo Mitlkherger v. Whitehead, M. T. 1 Vic. Rob. & Joa. D'ujent 2901 ; CarlUle v, OnU; 7 O. P. 45(5. But see //o;/// v. Tamer, Wriijht V. Perkie, 1 C, L. J. N. S. 267 ; McQuin v. Benjamin, 1 C. L. Ch. 142. Where a public oliiccr receives and acts upon a notice, it must be assumed, in absence of evidence to the contrary, that ho received it in proper time. Oodsell v. Jnnous, 17 C. B. 295, s. c, 25 L. J. C. P. 79. (c) The Clerk after receiving notice from the Judge (Form 8). of the day for the liearing of appeals, shall (1) at least six days before the sitting of the Court give notice to each person complained against, (11. S. O. c. 180, s. 59, sub-s. 4), by causing the notice to be left at the person's residence or jjlaco of business, {Ibid. s. 56, sub-s. 10); or if the person is not known, then to be left with some grown person resident at the assessed premises ; or if the person is not resident in the Municipality, then to be addressed to such person through the post olhce. (Ibid, sub-s. 11). (2) Post a notice in his office, or in the Townhall, (Form 9), containing the names of the com- plainant and parties complained against, with a brief statement of the grounds of complaint, and the date at which the Judge will hear the same. {Ibid. a. 59, sub-s. 5.) (3) Act as Clerk of the Court. {Ibid, sub-s. 6). {d) The Judge, after receiving the Clerk's report, (Form 7), shall (1) notify the Clerk (Form 8) of the day he appoints for liearing the complaints. (R. S. O. c. 180, s. 59, siib-s. 3 ; (2) If the Clerk has not given the required notices to the parties, he may direct services to be made for some subsequent day. {Ibid, sub-s. 4). (3) To hear the complaints at the tim^" appointed, or to adjourn the hearing from time to time, and defer judgment, {J bid. sub-s. 7) ; but so that such complaints shall be heard and determined, and the list finally revised, corrected, and certified within two months of the last day for making complaints. (41 Vic. c. 21, s. 8. ) (e) If the party complained against, appears on the day appointed, he cannot be heard to object to the sufficiency of the notice to him. Rawlim v. Overseers of West Derby, 2 0. B. 72, s. c, 15 L. J. C. P. 70. But where the appearance of the party was for the purpose of objecting to the want of service of the proper notices, held not a waiver. Regina v. Court of Revision of Cornwall, 25 Q. B. 286. To dispense with the proof of service there must be an actual appearance 30 MANUAL ON VOTERS LISTS. Forms 7-12. of an appeal from the Court of Revision ; {/) but no deposit shall be required to be made before any such compklnt is heard of disposed of. (See Foiins 7-12.) The case of 2" ^^ *^® notice is given to or left for the head of the notice left Council, he shall perform or cause to be performed such the Council, necessary acts as should be performed by the Clerk, if there were one. {g) 39 V. c. 11, s. 5 ; 40 V. c. 10, s. 1. Compelling IQ. Any party may obtain from the County Court of \dtneMe8 ^ subpcena (/i) (Form 13), or from the County Judge °f Uflt^'°" an order, (i) requiring the attendance at the Court for . * hearing complaints as aforesaid, at the time mentioned in such subpcena or order, of a witness residing or served with such subpcena or order in f^ny part of this Province ; and requiring any such witness to bring on the day the case is called on. Grover v. Bontemps, 4 0. B. 38, s. c, 16 L. J. C. P. 70. (/) The proceedings and duties of the Judge under this section are the same, or, as nearly as may be, the same, as in appeals from the Court of Revision under the Assess7iie,nt Act, 8. 60-63. The Judge has also, under s. 14, post, "all the gowers which belong to, or might be exercised by, him in the 'ounty Court." {g) See note (c) to sub-s. 1, ante. Where on a vacancy a new clerk is appointed, he can carry on the proceedings respecting the Voters' Lists, commenced by his predecessor. Be Goderich Voters' Lists of 1874, 6 Pr, R. 213. {h) Disobedience of a subpoena of a County Court is a contempt of court, and may be punished as such. The County Courts may punish by fine or imprisonment, or both, for any wilful contempt or resistance to their regular process, rules, or orders ; but such fine shall in no case exceed $100, nor shall such imprisonment exceed six months. (R. S. O. c. 43, s. 33). Every Court of record has the power to punish for contempt ; but if the Court is one of inferior jurisdiction, the Superior Court may intervene and prevent any usurpation of jurisdiction by it. Ex parte Lees and the County Judge of Carleton, 24 C. P. 214. But see In re Clarke and Heertnans, 7 U. C. R. 223. (i) For the purposes of this Act the Judge has '* all such powers for the enforcement of his orders, decisions, and judg- ments, as belong to, or might be exercised by, him in the Division Court, or in the County Court, either in term time, or vacation." See note {/) ante ; R. S. 0. c. 180, s. 61 ; a 43, s. 33 ; and c. 47, s. 217. MANUAL ON VOTERS LISTS. 31 with him and produce at the Court any pa^iera or Form 13. documents mentioned in the subpoena or order ; and every witness served with such subpoena or order shall obey the same, (j) provided the allowance for his ex- penses, according to the scale allowed in I^ivision jj-^j^j^jj^ Courts, is tendered to him at the time of service, (k) Court fees. 2. Any person complaining, or any person in respect p?"0" . of the insertion or omission of whose name a complaint is in questioa is made, shall, if resident within the Municipality *° ■**®°** the list of which is the subject of complaint, or within the Municipality in which the Coui-t is held, upon being served with a subpoena or order therein, obey the same (l) without being tendered or paid any allowance for his expenses. 3. If any person, whose right to be a voter is theP«°*i^o'* subject of inquiry does not attend in obedience to such ance of the subpoena or order, the Judge, if he thinks fit, in the^®^^^ j^^ absence of satisfactory evidence as to the ground ofisioques- tion. {j) The original writ of subpoena, under the seal of the Court, or the original order with the signature of the Judge, must be shewn to the witness at the time of the delivery to him of the copy of subpoena or order. Smith v. Truscott, 6 M. & Gr. 267. {Jc) An attachment against a witness will not be granted where the conduct money is not paid or tendered. Ntwton v. Harland, 1 M. & Gr. 956. Nor if the copy of the subpoena served, varies in any material degree from the original. Doe V. Thompson, 9 Dowl. 948. But where a subpcena tested on the 9th May, and served on the 19th, required the attendance of the witness on the ?lst March instant, the Court considered that this was an error which could not mislead, and refused to set aside the service. Page v. Carcw, 1 Cr. & Jer. 514. (I) See notes Qi) (i) and (.;') ante. The respondent's name appeared on the previous lists, and on the current year's list. He was summoned by the objector, who proposed to examine him to prove he was not qualified to be on the list. The respondent declined to be examined until some evidence was given to displace his right, and was not therefore examined. The vote was retained ; held, reversing the revising barrister, that the respondent was bound to give evidence when called. Peterson v. Balfour, 10 Ir. C. L. 553. rr 32 MANUAL ON VOTERS LISTS. Loss of vote, such non-attendance, or as to the right of such person to be a voter, may, on the gi'ound of the non-attendance of such person, strike his name off the list of votei*s, or refuse to place his name on the list of voters, (m) as the case may require, or impose a reasonable fine on such peraon according to his discretion, or do both, (n) Fine. Insertion of 4. Anv number of names may be inserted in one AfiVATftl names in subpcena or Judge's order, in any case of complaint, (o) subpoena. 39 y. g. H, s. 9. List con- 11. In case no complaint respecting such list is SmJfJit°° received by the Clerk of the Municipality, (p) within {m) The name of a voter was duly objected to in the notice of objections. The objector was present in Court to sustain his objection, but the voter did not attend to support his right to be on the register of voters when the na' le in its order was called ; and the revising barrister, in the exevcise of his dis- cretion, struck the name off the list of voters : Held, that the name could not be restored on a subsequent application, and there was no proof that the objector was ready with his proofs on the second hearing. Bla'm v. Overseers of Pilkington, 34 L. J. C. P. 55. Where a voter's name was struck off by the revising barrister owing to the non-attendance of such voter. HeM, to be an "express decision" of the revising barrister. Oldham Election, {Harper's Case) 1 0. & H. 157. See 41 Vic. c. 21, s. 4, post. (n) When the non-attendance of the person whose right to be a voter is the subject of inquiry, is the result of mere neglect, i.e., *' the absence of satisfactory evidence as to the ground of such non-attendance," or as to his right to vote, then a reason- able punishment would be his temporary loss of the franchise, by the omission of his name from the Voters' List for that year ; but when such non-attendance is wilful — a fact which can only be determined on proper evidence — the punishment may be either loss ot the vote, or a reasonable fine, or both. (o) It is not necessary to issue a subpoena or order in each case. The names of all the witnesses, in all the cases, may be included in the one subpoena or order. See S7nUh v. Holloway, note (a) to s. 9. (p) In case the Clerk should refuse to receive complaints properly tendered to him, and should report to the Judge that no person gave him, nor did he receive, any written notice of complaint, the Clerk of the Peace, or any elector may, under s. MANUAL ON VOTERS LISTS. 33 thirty days after (q) he has posted up the said list in 5^**^^^ his office, the said Clerk shall forthwith apply (Form 14) the Clerk either iii person or by letter, to the Judge (r) to certify „" t?^^. 24, apply summarily to the County Judge to compel the Clerk to perform his duties. But if the Judge has signed the lists on the certificate of the Clerk, the parties aggrieved may apply to one of the superior Courts for such relief as would compel the re-opeuing of the lists. (q) The general rule for the computation of time fixed by statute is, unless there is something in the statute to the con- trary, to hold the first day excluded, and the last day included, as *' within twenty days of the execution." Ex parte Fallon, 5 T. R. 283. "Within twenty-one days after the execution." Williams v. Burgess, 12 A. & E. 635, s. c, Dowl. 544. " Within sixteen days after the service hereof." Scott V. Dickson, 1 Pr. R. 366 ; Vrooman v. Shuert, 2 Jfr. R. 122, and cases, Jbid. 126, 144, 145, 233, 259. "Within twenty-one days after the return has been made." West Toronto Election, 5 Pr. R. 394, 31 Q. B. 409. The question whether, in computing time from an actor event, the day is to be inchided or excluded may be thus stated : where the act done, from which the computation is made, is one to which the party, against whom the time runs, is privy, the day of the act done, may reasonably be included ; but where it ia one to which he is a stranger, it ought to be excluded. Lester v. Garland, 15 Ves. 248. " Our law rejects fractions of a day more generally than the civil law does. The eflfect is to render the day a sort of indivisible point, so that any act done in the compass of it, is no more referrable to any one than to any other portion of it ; but the act and day are co- extensive, and therefore the act done cannot be said to be past until the day is past." Per Sir William Grant, M. R., Ibid. Judicial proceedings are to be considered as taking place at the earliest period of the day on which they are done. Wright v. Mills, 4 H. & N. 488; so are also Acts of the Legislature. Converse v. Michie, 16 C. P. 167. (»') In 41 Vic. 0. 21, s. 3, "five days" is prescribed, instead of *' forthwith." See note (d), p. 18. The English Act (6 Vic. c. 18, s. 100) provided that notices should be sent by post, and that a dupUcate notice stamped by the post office shoul d be evidence of a notice having been given : Held, that servic ea made, by leaving the notices at the officer's place of abode, was good service, the section being entirely an enabling enactment, and not taking away any of the modes of service which were consistent with the law as it stood before the statute passed. Hickton v. Antrohus, 2 C. B. 82; Smith v. 5 d4 MANUAL ON VOTERS* LISTS. Form 14. Form 15. Three lists to be certi- fied by Judge. After final revision. Judge to malce state- ment of alterations and certify copies of list. Form 16. Form 17. (Form 15) three copies of such list as being the revised list of voters for the Municipality ; and the Judge shall retain one of such certified copies of the list, and deliver or ti-ansmit by post, registered, one of such certified copies to the Clerk of the Peace for the County or Union of Counties within which the Municipality lies, and one of such certified copies to the Clerk of the Municipality, to be kept by him among the records of his office, (s) 39 V. c. 11, s. 6. 12. In case complaints are made as aforesaid, imme- diately after the list has been finally i*evised and corrected by the Judge, (t) the Judge shall make or cause to be made, and shall sign, a statement (Form 16) in triplicate, setting forth the changes, if any, which he has made in the list ; and shall certify in triplicate (Form 17) a correct copy of the list, (u) Huggett, 11 C. B. N. S. 55. But where the objector serves the notice through the post office, and the party addressed resides a distance from the office to which the notice is directed, he must shew that such notice would, in the ordi- nary course of post, be delivered to the party addressed within the time specified by the Act. Lewis v. Evans, L. R. 10 C. P. 297. {s) And thereupon, under the Voters' List Finality Act, the lists, by virtue of the certificate of the Judge, become " final and conclusive evidence of the right of all persons named therein to vote at any election at which such list was or could have been legally used." (41 Vic. c. 21, s. 3). (t) The complaints are to be "heard and determined, and the list finally revised, corrected, and certified under the Voters' List Act, within two months of the last day for making such complaints," (41 Vic. c, 21, s. 8) i.e., two months after the thirty days mentioned in ss. 9 and 11. See notes (2), page 26, and (7), page 33. (m) The proceedings to revise, correct, and certify the Voters' Lists are in the nature of a judicial proceeding, in which every facility is given to purge the lists ; and it will be owing either to negligence or fraud, that, after the sifting process the Assess- ment Roll and Voters' List are put through, — once before the Court of Revision, and twice before the County Judge, — any Voters' List, to be used at elections, shall be found to contain the name of a single unqualified vote. By the Eng. Act, 28 MANUAL ON VOTERS LISTS. 35 evised e shall ieliver jrtified nty or ty lies, of the ords of 2. The Judge shall retain one of snch certified How the copies and one statement, and shall deliver or transmit dSpose*? " by post, registered, one of such certified copies and one the state- statement, to the Clerk of the Peace, for the County or copios of Union of Counties within which the Municipality lies, certified lists. (v) and one of such certified copies and one statement to the Clerk of the Municipality, to be kept by him among the records of his office, (w) 39 V. c. 11, s. 8. , imme- 3d and tiake or )rm 16) which iplicate )r serves ddressed notice is the ordi- .ddressed ns, L. R. ' Act, the le "final IS named i or could ined, and inder the or making iths after 8 (2), page he Voters' hich every i^ing either he Assess- before the dge,— any to contain ig. Act, 28 i Vic. c. 36, 3. 15, the revising barrister, before signing, is to read out, in open Court, the names expunged, and inserted, by him, and all corrections made by him. Until the lists are actually signed and delivered, the register of voters cannot be said to be complete, even although, in the meantime, printed copies of the register have been issued by the Clerk of the Peace, and bear his name. Bunifit v. Bremner, 9 C B. N. S. 1, s. c. 30 L. J. C. P. 33. In this case, as late as two months after the statutory period, and before the signature of the proper oflScer and delivery to the SherifiF, (he being the custodian of the lists,) it was discovered, on the application of a voter, that his name was accidentally omitted, the revising barrister not having expunged the name, but having inadvertently caused the ap- pearance of an erasure of the name : Held, that the Clerk of the Peace was justified in causing the name to be interlined, and that the name was duly registered, lb. Where the name of a voter was struck off the register of voters, by the mistake of the revising barrister, and the voter tendered his vote at the polls : field, that the vote could be counted. Oldham Ekction, {Ogden^s Case), 1 O. & H. 156. So when the voter was struck off improperly, lb. (w) The last list of voters certified by the Judge, and deli- vered to the Clerk of the Peace, at least one month before the date of the writ of election, is (subject to certain exceptions) the list to be used at an election. (R. S. O. c. 10, s. 72). Only the persons named on such list can vote at the election. Ibid. s. 73 and 94. Copies of the list so filed with the Clerk of the Peace are to be procured for and used at the election. S. 79. See Monck Election, 32 Q. B. 147- (to) The Election Law of 1868, (32 Vic. c. 21, s. 35) provided that if the Clerk of the Municipality was not the Deputy Returning Officer, or if the copy in the possession of the Clerk had been lost or destroyed, the Returning Officer should pro- cure a copy of the proper list of voters from the Clerk of the Peace. This provision is omitted from the Revised Statutes, (c. 10, s. 79). But see 41 Vic. c. 21, s. 12. 36 MANUAL ON VOTERS* LISTS. to ' . if 4B0uti tuOja. Payment therefor. Courts in county towns. Powers of Jadge as in County Court. MISCELLANEOUS PROVISIONS. 13. It shall be the duty of the Municipality within which a Court is holden, to provide some suitable and convenient place, properly furnished, heated and lighted ivr ^\e holding of such Coui*t, and in case such is not done the Judge may hold said Court at such other place in the County as he may deem proper; aadif the same is held elsewhei-e than in the County Court-House, the proprietor or proprietors of the building in which it is held may recover from the Municipality which should have made such provision the sum of five dollars for each and every day during which such building is used for the purpose of such Court, (x) Any Court held in the Coimty Hall shall be held in the County Court-Hou&e, or in such other place in said County Town as the Judge may deem proper. 39 V. c. 11, s. 16. 14. In all proceedings before the Judge under this Act, the Judge shall have, with reference to the matters herein contained, all the powers which belong to or might be exercised by him in the County Court, (y) 39 V. c. 11, s. 17. (x) This is similar to the provisions in the Division Courts Act, making it the duty of the municipality to provide accomo- dation for the Division Court. (R, S. O, c. 47, s. 9). (y) See Revised Statutes, cc. 42 and 43. The Voters' List Court has complete jurisdiction to judicially determine who are, and who are not, entitled to the franchise, as voters at Parliamen- tary and Municipal elections. There is no appeal from the decision of the Judge, on any question of fact, to any higher tribunal ; and his decisions on questions of law can only be reviewed by proceedings in the Superior Courts in the nature of applications for the Writs of Certiorari, Mandamus, or Prohibi- tion. In England there is a right of appeal from every "express decision" of a revising barrister ; but under the Voters^ List Finality Act (41 Vic. c. 21, s. 3), the Voters' List certified by the County Judge is final and conclusive as to the ri^ht of all {>ersons named therein to vote at any election, at which such ist is used. But as all inferior Courts, created by statute, are bound to adjudicate only on such matters as are clearly MANUAL ON VOTERS* LISTS. 87 15- The Judge shall have power to appoint some Appoint- proper person to attend at the sitting of the Court as a Constable, Constable or Bailiflf; and the duties and powers ofajg^Qy^ such person thereat shall be as nearly as may be the same as those of the Bailiff of a Division Court at a sitting of a Division Court and in reference thereto; •within their jurisdiction, the Superior Courts, — having a general superintendence over all sub( ordinate Courts, to see that their functions are restrained witKin, or are fulfilled according to, the laws and stated rules by which their jurisdiction is con- fined and circumscribed, — may, under their common law or statutory powers, restrain or regulate the jurisdiction of such inferior Courts. In the Voters' List Court, the County Judge has, by virtue of this Act and the Assessment Act, the powers of the County and Division Courts, and the Court is, therefore, by virtue of such powers, a Court of Record. Whenever power is given to any inferior Judge or tribunal to Eunish by fine or imprisonment, or both, sucii Judge or tri- unal is a Court of Record. And when a Court in its nature is a Court of Record, a certiorari will lie to it from the Queen's Bench by reason of the great superiority of that Court, which may command them to send the proceedings before them, up thither, that it may be seen whether they confine themselves to their jurisdiction, which, if they exceed, that Court may correct them. Grenville v. College of Physicians, 12 Mod. 386, s. c, nom. Groenvelt v. Burioell, 1 Ld. Ray. 213. Certio- rari lies to remove the proceedings of any jurisdiction created by Act of Parliament. Regina v. Olaviorganshire, 12 Mod. 403, s. c, 1 Ld. Ray. 580. Re Richardson and the Police Commissioners of Toronto, 38 Q. B. 621. It also lies to review the legislative acts of Corporations. State v. Newark, 1 Dutcher 399. Where an act is required to be done for the public good, and there has been a wrongful omission to do it, and a serious inconvenience will arise from its not being done, a Superior Court of law has the power of ordering it to be done under the prerogative writ of mandamus. Per Lord Campbell, C. J., in Regina v. Mayor and Assessors of Rochester^ 7 E. & B. 924. The Court will grant a mandamus to a County Judge, directing him to inquire into and decide whether the name of a voter is improperly omitted from the Voters' List, or whether one person s name should be struck out, and another's inserted in lieu thereof. Re McCullough and the Jvdge of Leeds and Grenville, 35 Q. B. 449. The writ of Pro- hibition lies to an inferior Court, having a limited statutory jurisdiction, from which there is no appeal, or writ of error. Thomson, v. Ingham, 14 Q. B. 710, s. c. 14 Jur. 429. 38 MANUAL ON VOTERS LISTS. M'">l«*^"*y (2) and the expenses of the person so appointed and expenaes. attending shall be borne by the Municipality, the list for which is the subject of investigation, and shall include such allowance for loss of time, trouble and travelling fees as may be certified by the Judge to be reasonable ; (a) and the amount certified by the Judge shall be paid to such peraon by the Treasurer of the Municipality upon the production and deposit with him of the Judge's certificate. 39 V. c. 11, s. 18. 16. The Clerk of every Municipality shall be subject to the summary jurisdiction and control of the County Judge in respect to the performance of his duty under this Act, and in respect to every act required to be per- formed by such Clerk touching the Votei-s' List, in the same manner as oflUcers of the County Court are to the Court ; (6) and the Clerk shall receive reasonable com- pensation for the services performed, (c) 39 V. c. 11, 8. 19. Clerk to be ■ubject to the ram- maryjuis- diction of the Judge. (z) These powers and duties are, to exercise the authority of a constable durinc the actual holding of the Court, with full power to prevent breaches of the peace, riots, or disturbances, within the court room or building in which the Court is held, or in the public streets, &c., within the hearing of the Court ; and with or without warrant to arrest all parties so offending, and forthwith to bring them before the nearest J. P., or any judicial officer having power to investigate the matter. (R. S. O. c. 47, s. 46). (a) This provision is now altered by 41 Vic. c. 21, s. 16, post. Constables are entitled to $1.50 per day for attending Court, and 10 cents per mile one way for each mile actually and necessarily travelled to effect the service of any process or notice, including the service, receipt, and return, &c. {b) By 8. 9, the powers and duties of the Clerk are the same as in the case of an appeal from the Court of Revision ; and one of such duties of the Clerk, is to act aa Clerk of the Judge's Envision Court. See R. S. 0. c. 180 :^ . 59, sub-s. 6, and note (c) to 8. 9, page 29. He is thus constituted Clerk of the Judge's Court for the revision of the Voters' Lists ; and this section makes him subjf>ot to the summary jurisdiction of the County Judge. (c) The compensation of the Clerk is now fixed by 41 Vic. ■i^ MANUAL ON VOTERS* LISTS. 39 17. If a Judge who holds a Court believes or has ?"?*'* ^^ good reason to believe that any person or persons have traucto, 4c., contravened the twenty-seventh (d) or thirtieth (e) S jPr^jJJlai sections of this Act, or that frauds in respect to the Secretary, assessment or the Voters' Lists have prevailed exten- sively in the Municipality, (/) it shall be his duty to report the same to the Provincial Secretary, with such particulars as to names and facts as he may think proper. 39 V. c. 11, s. 20. c. 21, s. 15, at $3 per day for attending Court and his actual and reasonable disbursements, in cases where the by-law or contract, under which he is employed, provides no compensa- tion for his services under this Act. {(l) The Judge is to report any person who has made, executed, accepted, or become a party to any lease, deed, or other instrument, or become a party to any verbal arrange- ment whereby a colorable interest in any land, house, or tene- ment is conferred in order to qualify any person to vote. The offence is defined to be '' occasionalily," or "spUtting votes," which means a fraud on the law of Parliament, in the same manner, and upon the same piinciple, as in ordinary cases is included in the term fraud on the common law. An "occa- sional voter" is denned to be " one whose qualification, whether from estate, office, or other cause, is conferred, or taken, for the purpose of voting at an election for a particular inter- est." 1 Stephens's Laio of Elections, 416. See also [b) to s. 27, page 49. (c) The Judge is also to report any Assessor who wilfully and improperly assesses or omits to assess parties, so as to give, or deprive of, a right of voting such parties contrary to the statute. See also note (/) s. 30. (/) "Electioneering consciences are very elastic. The franchise opens a boundless field for the manufacture of votes." Per Sergeant Cox, Ex M. P. for Taunton. (Cox and Grady'a Registration and Elections, p. lii.) " I found that a good deal of perjury was committed in the election cases that came before me. There were a good many witnesses whom I did not believe, and who I thought were wilfully stating what was not true." Per Blackburn, J., Committee on Parliam^U' tai'y and Municipal Elections (1869) 520. If the Judge has good reason to beUeve that frauds in respect of the addition or omission of names have prevailed extensively in the Munici- pality, it becomes his duty to report the facts to the Oovern- ment. The object of this section is to enable the Crown, on 40 MANUAL ON VOTERS LISTS. Amendment of notioef, Ac. 18. The Judge shall have power to amend any notice or other proceeding upon such tenns as he may think proper, (a) 39 V. c. 11, s. 21. the report of the Judce, to take prompt and eflFective measures for the prosecution of the offenders against the laws affectine the rights of electors to their Parliamentary franchises, and thus impose penal restraints upon the in^enuitjr of election agents and fraudulent assessors. A duty similar in its object is cast upon the Election Judges by the Controverted Ekctionn Act, s. 58, to report to FarUament respecting corrupt practices, and the agents guilty of such corrupt practices, at elections ; on which Blackburn, J., observed : "The enactment provides that, on the case being finished, the evidence should be laid before the Attorney-General to consider whether he would prosecute or not. " Bewdley Election, 1 O. & H. 176. See also the evidence of Willes, J. , before the Committee on Parlia* mentary and Municipal Elections, (1869), 442. (flf) The legislative policy as to amendments is contained in the Administration of Justice Act s. 8, and the Common Law Procedure Act s. 270, by which the Juds[e is empowered in all suits and other proceeaings to make all such amendments as may seem necessary for the advancement of justice, the prevention and redress of fraud, the determining of the rights and interests of the respective parties, and of the real question in controversy between them, and best calculated to secure the giving of judgment according to the very right and justice of the case ; and such amendments may L>« made whether the necessity for the same is occasioned by the defect, error, act, default, or neglect of the party applying to amend. See Oilkland v. Wadstvorth, 1 App. R. 82 ; Orant v. Eddy, 21 Gr. 577, per Blake, V. C. ; McManua v. McManus, 24 Gr. 118. And by s. 17 A. J. Act, (c. 49), "No proceeding at law or in equity shall be defeated by any formal objection, which is the same as rule Ixiii. of the election rules ; and is in effect similar to s. 82 of 32 & 33 Vic. c. 71, (EncUsh Bankruptcy Act), which provides that "no proceeding shall be invalidated by any formal defect, or by any irregularity. " In re Biickland, L. R. 15 Eq. 221 ; Revellv. Blake, L. R. 7 C. P. 300; Reginav. Widdop, L. R. 2 C. C. 3. See also Beresford v. Oeddes, L. R. 2 C. P. 285; Barlow v. Mumford, L. R. 2 C. P. 81 ; Onions v. Bowlder, 6 C. B. 65 ; Eaden v. Cooper, 11 0. B. 18. The inclination of the Courts is in every way to favor the franchise. Regina ex rel Ford v. Cottlngham, 1 0. L. J. N. S. 214. The franchise is not to be lost to any one who is really entitled to vote, if his right can be maintained ia a reasonable view of the require- ments of the Act. Regina ex rel. Chambers v. Allison, 1 C. L. MANUAL ON VOTERS LISTS. 41 19. If any appellant or complainant entitled tOTOent**^* appeal dies (h) or abandons his appeal or complaint, (i) appellant or having been in the alphabetical list made and posted TentiCrfoi hy the Clerk as aforesaid, is afterwards found not to be «>™o oitex. J. N. S. 244. "The presumptions of law are always in favor of the franchise, and Acts of Parliament should be worked out to confer the franchise on those who seem to be within the spirit of the law entitled to it, rather than be strained to deprive parties of a right to vote." Per Richards, C. J., Jte McCulloch and the Judge of Leeds and Grcnv'dle, 35 Q. B. 452. " No mere formal or immaterial matter should be allowed to interfere with the voter exercising the franchise." Per Blake, V.C, Lincoln Election, {Borrowman's Case), 2 App. R "The substance of justice, which I have always kept in view in these election cases, is, that the matter shall not be affected by any slips of form." Per Blackburn, J., Oldham Election, 20 L. T. N. S. 304. "The policy of the law is to inquire into the regularity of elections, and the Court will not, if possible, be astute to discover and give way to technic^ objections to do away with that inquiry." Per Spragge, C, North York Election, 1874. Where the polling devisions were improperly designated "Townships " in the lists, the revising barrister was held to have properly exercised his power of amendment by striking out the word "Township " and insert- ing the proper title of the sub-division. Elliott v. Ovet>eers of St. Marys 4 C. B. 76. Where in the opinion of the re v ising barrister the property was not sufficient for identification, held, amendable. Howitt v. Stephens, 5 C. B. N. S. 30 ; Cooper v. Ash- Jield, Ibid. 16. In cases where the lapse of time will bar the right, the Court will amend ; Cowburn v. Warincf, 9 Ex. 207 ; as in the case of a writ of summons so as to prevent a bar of the action by the Statute of Limitations. Norton v. Stamford, 3 Tyr. 869. By adding a new plaintiff after a plea of non- joinder. Lahin v. Massie, 4 Tyr. 839, And by adding the official assignee as a plaintiff. Brown v. Fullerton, 13 M. & W. 556. See also Smith v. Walsh, 1 Ir. Eq. 167. (h) The maxim, "a personal right of action dies with the person, "applies to cases under this Act. See Nettleton v. Burrell, 8 Scott N. k 738 ; Pring v. Escount, 4 C. B. 71. " It may be the notice would fall if the objector were dead." Per Byles, J., in Protid/oot v. Barms, L. R. 2 C. P. 94. See also Callington Election, 1 Luders 453, s. c., 33 Com. Jour. 481 ; Milbom Port Election, 16 Com. Jour. 121 ; s. c, 1 Luders, 456. (i) A person objecting to certain voters cannot, under the English Registration of Voters Act, (6 Vic. c. 18), withdraw, after giving the statutory notice. Proud/oot v. Barnes, L. R, 6 42 MANUAL ON VOTERS LISTS. Judgo may entitled to be an appellant, (j) the Judge may, if be termi. thinks ])ropcr, allow any other person who might have been an ai)pellat]t ur com])lainant to intervene and prosecute such appeal or complaint, upon such terms as the Judgo may think just, (k) 39 V. c. 11, s. 12. 2 C. P. 88. "The riglita of voting and of objecting, p lattera in which tho interests of the pubUo are greatly coi d. I think it would be to the lost cfegree dangerous to t If any person not assessed, (r) or not sufficiently Persons assessed, (s) is found entitled to vote, (t) the Munici- omitted from pality shall be entitled to recover taxes from him, and ^jj^^ *"' to enforce payment thereof by the same means and in vision liable the same manner as if he had been assessed on the roll *** ^^^ ***** for the amount found by the Judge ; (u) and the Judge Judge's •^ o } \ / o order. (r) "Person not assessed." This covers the complaint (1) under s. 8, sub-s. 1, " name cf voter omitted from the list," note (k) ; (2) under sub-s. 3, "person to whom he (the person originally named on the voters' list) has transferred the proper- ty, notes {g) and (r) ; (3) under sub-s. 4, " person liable to be rated," notes (q) and (t) ; (4) undor sub-s. 5, " a farmer's son en- title to be assessed, " note (v). So in appeals to the Court of Re- vision (R. S. O. c. 180, s. 56) "person wrongfully omitted from the roll." (s) ' * Person not suflBciently arsessed, " i.e., a person ' ' under- charged by the assessor in the roll." (R. S. 0. c. 180, s. 56). Sec (2) in note {k) to s. 8, ante. (<) The franchise is annexed to an interest in real pro- perty, and taxation in respect thereof. Per Moss, C. J. A., in Lincoln Election, 2 App. R. "An adjudication that the persons named on the list are entitled to vote is not within the jurisdiction of the County Judge. He is to revise the list by adding the names omitted, correcting those wrongly stated, wi" striking out those improperly there, because those omitted have assessable property, or assessed income ; or because those inserted have it to a greater or smaller amount than stated, or have none. He adjudicates as to their property, or income, and in respect of that he corrects the list. The right to vote is the legal consequence only, and not the subject, of the adjudication." " The Judge cannot add to the Voters' List in respect of income, any persons who are not assessed for income on the last revised Assessment Roll." Per Patterson, J. A., in Lincoln Electimi, {Borrotomcm's Cane) 2 App. R. (ti) The process of assessment is in the nature of a judicial proceeding, and it is as much the essence of the whole pro- ceeding that the party should have an opportunity to object, and notice to enable him to do so, as it is in more formtd proceedings, where, according to the usual and natural course of proceeding, the party to be affected is cited in the first instance. Per Strong, J., in Nicholls v. Cmnming, 1 Sup. Ct. Can. 427. ■m 46 MANUAL ON VOTERS* LISTS. Form 20. shall make an order (Form 20), setting forth the names of the persons so liable, and the sum for which each person should have been assessed, and the land or other property in respect of which the liability exists, and Suppiemen- such Order shall be transmitted to the Clerk of the ^^'y^^^J'^s- ]yii,nicipality, and shall have the same effect as if the said particulars had been inserted in the roll, (v) 39 V. c. 11, s. 15. 23' The times appointed for the performance, by the Clerk of the Municipality, of the duties required of Failure of ^^^ ^7 *^^^ -^^^j (*^) shall be directory only to the said Clerk to per- Clerk ; (x) and the non-performance by him of any of iMrtto vitiate the said duties within the times appointed, shall not list. render null, void or inoperative, any of the lists in this Act mentioned (?/). 39 V. c. 11, s. 10. {v) Where the County Judge, under the Voters' List Act of 1874, added a number of names to the Voters' List, which were not found on the last revised Assessment Roll, nor upon any supplementary assessment roll, or Judge's order, under sec. 11 of that Act, shewing such persons to have been assessed for any property or value ; Held, that the added list was a nuUity. Lincoln Election, (Borrotoman's Case) 2 App. R. (w) There ^"as no similar provision in the Assessment Act, (C. S. U. C. c. 55, s. 60) under which Jier/ina v. Cou7't of RevUion of Cornwall, 25 Q. B. 286, was decided. {x) So far as the public interests are concerned, the Act may be looked upon as directory. Rex v. Norwich, 1 B. & Ad. 310; Nickle V. Douglas, 35 Q. B. 127. But in so far as the officer, whose duty it is xnade to do the acts within a limited time, is concerned, the Act mi^y be construed as imperative. Hunt v. Hibbs, 5 H. & N. 126. " Thd general rule is, that an absolute enactment must be obeyed or fulfilled exactly, but it is suffi- cient if a directory enactment be obeyed or fulfilled substan- tially." Per Lord Coleridge, O. J., in Woodward v. Sarsons, L. R 10 C. P. 746. {y) The Clerk is an officer of the Judge's Voters' List Court, aTid in some cases his neglect may be held to be the act ci the Court, as in analogous cases at common law. It is in accordance with the principles of the common law, irrespective of the statute 17 Car. II. c. 8, that when ver the delay is the act of the Court, and not that of the party, the delay shall not prejudice, unless it can be shown that the MANUAL ON VOTERS LISTS. 47 24. In case the Clerk of any Municipality fails to ^7cierk of perform any of the duties aforesaid, the Clerk of the Municipality Peace shall forthwith apply (Form 21) summarily to the folmMes. County Judge or the Junior or acting Judge of the County Court for the County within which such Municipality is situate, to enforce the performance of the same. 2. The application may also be made by any person Elector may entitled to be named as an elector on the list in respect ^^^ ^' of which the application is made. 3. The Judge shall, on such application, require Judge may (Form 22) the Clerk of the Municipality, and anyS^r other person he sees fit, to appear before him and other person produce the Assessment Roll, and any documents and^ubmit relating thereto, or to the list iu respect to which the*?®'^*™*"*- application is made, and to submit to such examination on oath as may be required of him or them, and the ^°"'' ^^' Judge shall thereupon make such orders and give such directions as he may deem necessary or proper for the purposes aforesaid, (s) , other party would be prejudiced. Broom's Legal Maxirni:!, 87. Where the delay in amending a writ of summons, within the statutory periotl, is the act of the officer of the Court, the writ will be amended nunc pro tunc. Nazer v. Wade, 1 B. & S. 728 ; Evans'v. Jones, 2 B. & S. 45. But see Grace v. Clinch, 4 Q. B. 606, s. c, 3G. &;D. 59i ; Llandebig v. Llandijifrydog, 15 L. J. M. O. 92. " We cannot suppose that the Legislature intended that if the Clerk omitted any of those things which he is directed to do, — s ich as niaking out the list alphabetically, or omitting to post up a copy in his office, or transmitting a less number of copies to some of the parties than the Act requires, — that the Judge could not proceed to revise the list on com- plaint being made under the statute. All the proceedings relative to the Clerk are merely directory with a view to notifying the electors of the state of the lists ; and when, as in this case, such notification was effectually given, and the plain object and general intention of the statute has been in fact comnlied with, it would be the duty of the Judge to proceed with the revising." Per Morrison, J., Revision of Goderich Vetera' Lists, 1874, 6 Pr. R. 216. (z) By the English Parliamentary Electors' Registration Act, 48 MANUAL ON VOTERS' LISTS. ciSkfor"' ^' ^^^ ^^^^^ ®^ *^^^ Municipality shall be personally costs. liable for and shall pay the costs of the proceedings, unless on some special grounds the Judge shall see fit to order otherwise, «.-d in such special case the costs shall be in the discretion of the Judge. ^"i^e's 5, Such proceeding's and such order of the Judge order not to,,, ,* .» i/-^ii/. release Clerk shall not m anywise exonerate or release the Clerk from un^Pg"^^ liability to the penalty hereinafter imposed. 39 V. c. 11, s. 11. Penalty on Clerk for neglect, &c. 25- If any Clerk of a Municipality omits, neglects or refuses to complete the Voters' Lists, or to perform any of the duties hereinbefore required of him for his Municipality, such Clerk, for each such omission, neglect or refusal, shall incur a penalty of two hundred dollars, (a) 39 V. c. 11, s. 24. (31 & 32 Vic. c. 58,) the revising barrister has power (s. 29) to summon the overseers or other persons having the custody of the rate -roll to produce the same before him ; and by the Registration of Voters' Act, (6 Vic. c. 19,) the revising barris- ter has power (s. 50) to impose a fine of not less than £1, nor exceeding £5, on any assessor, collector, or overseer, wilfully refusing or neglecting to attead when summoned ; and also to impose a similar fine for any wilful refusal or neglect to make out the list ; or to insert the name of an; person claiming to be a voter ; or to omit the name of any person duly 4ualified ; or to insert the name of any person not duly qualified ; or to neglect to publish any notice or list at the time and in the manner required by the Act, &c. (S. 51.) This is in addition to an action for penalties. Under this Act, and the Voters' Lists Finality Act, similar ofifences render the guilty officers subject to penalties of f200 or $2,000, which may be sued for •' in any Court having jurisdiction to the amount of the penalty in cases of simple contract." (R. S. 0. c. 8, s. 3, sub-s. 29). (a) Under the Reform Act of 1832, each overseer is liable in a separate action to the penalty for non-compliance with the requirements of the Act. K'mci v. Share, 3 Q. B. 31. Where an action was brought against an overseer for wilfully. inserting in the list of voters, the names of persons not entitled to be so entered : Held, not necessary to m-ove a corrupt intent. Tarr v. McOahey, 7 C. & P. 380. The omission of an overseer to sign the burgess roll, subjects him to a penalty, although his neglect was neither wilful nor corrupt. King v. MANUAL ON VOTERS' LISTS. 49 fit 26. If any Clerk of a Municipality, or Clerk of the JJ^jJ". *^,. Peace, or any other person wilfully makes any altera- lying !&♦« to tion, omission or insertion, or in any way wilfully ^n^t*. falsifies any such certified list or copy, or permits the same to be done, every such person shall incur a penalty of two thousand dollaiu 32 V. c. 21, s. 11 ; 39 V. c. 11, 8. 25. 27. No person shall make, execute, accept or become Colourable a party to any lease, deed or other instrument, or properi^^in become a party to any verbal arrangement, whereby a ^'^l"" *® colourable interest in any land, house or tenement is conferred, in order to qualify any pei-son to vote at an election ; (b) and any person violating the provisions nor Burrell, 12 A. & E. 460. But his neglect to sign such lists will not render them invalid, if it appear that the electors had due notice of the lists. Monjan v. Perry, 17 C. B. 334. (6) See note (d) to s. 17, page 39. The oflfence of " occasion- ality" or "splitting votes" may be of two kinds: (1) The first kind of occasionality is that which does not contain what is called legal fraud, yet is deemed to be a fraud upon the law of Parliament, viz., where that, to which the right of voting is attached, is obtained sincerely and hwia Jide, but upon the eve of a particular election, and for the express and only purpose of enabling the person who acquires it to give a vote at tliat election. (2) The second kind of occasionality ia so connected with fraud that they are convertible terms. It- consists of an illusory and pretended grant, for the purpose of voting merely, of that which in fact never passes from one party to the other. 1 Stephens's Lmo of Elections, 417 ; Rogers's Law of Electio)is, 177. Several statutes, called the "Splittmg Acts," were passed to meet the evil, (from 7 & 8 Wm. III. c. 25, Lord Somers's Act, to 53 Geo. III., c. 49) ; by which all conveyances- of land, made in order to multiply voices, or to split and divide the mterest in any houses or lands, among several persons, to- enable them to vote at elections, were declared void. One W. G. contracted with A. for the purchase of a house, and after-^ wards sold it to B. and five others in equal shares. A. con- veyed direct to B. and the five others, the purchase money being paid through W. G., whose object was to increase the number of voters. B. and the others purchased hon& fide. They knew, however, they were to gain votes in the con- stituency, but there was no stipulation that they were to vote in any particular way, or in support of any particular interest. 7 iiil 50 MANUAL ON VOTERS LISTS. Penalty for ©f this section, besides being liable to any other penalty orlnduSnll prescribed in that behalf, shall incur a penalty of one the offence, hundred dollars, and any person who induces, or attempts to induce another to commit an oflfence under this sec- tion, shall incur a like penalty, (c) 39 V. c. 11, s, 26. See also Rev. Stat. c. 10, s. 170. It was objected that the conveyance was void under the " Splitting Acts." Held, that to make the conveyance void, the seller must be a party or privy to the illegal object of the conveyance ; that W. G. was not the seller, for it did not appear that he had anything to convey. Marshall v. Bown, 7 M. & Gr. 188, s. c„ 8 Scott N. R. 889. See also Hoyland V. Bremner, 2 C. B. 84. A conveyance of land by one vendor to several purchasers, for a bond Jide consideration is valid, although the avowed object of the vendor is to multiply, and that of the purchaser to acquire, the right of voting in ?. con- stituency. Alexander v. Neurman, 2 C. B. 122 ; Beswkk v. Ash- worth, Ibid. 152. Conveyances made void by 7 & 8 Wm. III., c. 25, are such only as are void at common law ; that is to say, conveyances meant not to transfer any real interest in land, but pretended and fictitious, and made for the purpose of multi- plying voices only for an election. Rllei/ v. Crossley, 2 C. B. 146 ; Thorniley v. Aspland, Ibid. 160. When the father of the voter conveyed certain lauds to him and his brother, in consideration of natural love and affection, and although it appeared that one object was to make provision for the sons, the principal object was to entitle them to vote ; and that the father occupied the land since the date of the deed, and paid no rent to his sons. The revising barrister did not lind, either way, whether the transaction was fraudulent. Held, (1) that whether or not there was fraud in the making of a grant, is a question of fact which must, in all cases, be decided by the revising barrister, and as he had formed no conclusion on the ouestion of fraud, the Court would not infer it ; and (2) that the law acknowledged the consideration of natural love and affection in the case of a conveyance to a child, to be as good, to raise a use, as a pecuniary consideration between strangers. Newton v. Hargreaves, 2 C. B. 163 ; Neioton v. Overseers of Moberleij, Ibid. 203 ; Newton v. Overseers of Crowley, Ibid. 207. (c) This section appears in the Election Act, s. 170. By s. 171 of the same Act it is provided that if lands are conveyed fraudulently, and for the purpose of giving any person a quah- fication to vote, and if such person votes on such lands, he shall incur a penalty of ^200, and the conveyance shall be valid, and every agreement to re-convey shall be null and tl MANUAL ON VOTERS LISTS. 51 28. The penalties mentioned in the three next pi*e-^|^[^jy^ ceding sections may be recovered with costs of suit by any person suing for the same in any Court of com- petent jurisdiction, (d) 39 V. c. 11, a 27. 29. To prevent the creation of false votes, where Abscssop to 1 • X I, 1 1 • xi i. make enqui- any person claims to be assessed, or clauns that any ries before other peraon should be assessed, as owner or occupant a««flfJn8 » * 1 /. 1 1 • . 1 • L • 1 persons of any parcel of land, or as possessing the income which claiming to entitles him to vote in the Municipality at an election ^ "^ ' and the Assessor has reason to suspect that the person so claiming, or for whom the claim is made, has not a just right to be so asses&ed, it shall be the duty of the Assessor to make reasonable enquiries (e) before assess- void. Conveyances and agreements made for the purpose of giving a temporary qualification, being against public policy are void. Langlois v. Baby, 10 Gr. 358. Such conveyances must fall within the same category as a conveyance to enable a man to sit in Parliament, but intended to convey no beneficial interest. Per Spragge, V. C, Ibid. What is hgainst public law, is against public policy. Per VanKoughnet, C, Ibid. 11 Gr. 1. See also Ernes v. Barber, 15 Gr. 679. (d) " I should say that Parliament cannot trust enforcing penalties through juries. If they choose to give the power to magistrates, in the same way as they have entrusted to the Judges the trial of those election petitions, you may get it done, but you will never eflfect the levying of penalties through juries for breaches of the election law." Per Martin, B., Committee on Parliamentary and Municipal Elections, (1869,) p. 429. "All my experience has certainly led me to the con- clusion, and I see that Mr. Baron Martin and Mr. Justice Willes, state the same thing, that men disregard those penal- ties ; that they are not deterring at all ; and that they very justly think they will not be put in practice ; no one will sue them for penalties ; no one will indict them for a misdemeanor ; and they produce no effect at all." Per Blackburn, J., Ibid, p. 508. When punishment is brought within reasonable limits, it is understood that it will be enforced ; and therefore the act is abstained from. The certatnty of the penalty being incurred, tends to diminish the offence, p. 49. (e) •* When an assessor has reasonable notice, before he returns his roll, that a change in occupancy has been made, — and he omits to make the necessary changes, it may properly be considered, when the assesor fails to do this, that he has '^' ,f 52 MANUAL ON VOTERS LISTS. ing sucli ijei-son. 39 V. c. 11, s. 28. i^tat. c. 180, s. 40. See also Itev. Penalty on 30- Any Assessor who wilfully and improperly woMfui?y inserts any name in the Assessment Roll, or assesses asBesdng or any person at too high an amount, with intent in either a8BeE8.°**° ^^^^ *o fiiv® *® ^"y P^i"son not entitled thereto, an apparent right of voting at any election, or who wil- fully insei-ts any fictitious name in the A ssessraent Roll, or who wilfully and improperly omits any name from the Assessment Roll, or assesses any person at too low an amount, with intent in either case to deprive any pei-son of his right to vote, shall, upon conviction thereof l)efore a Court of competent jurisdiction, be liable to a fine not exceeding two hundred dollars, and to imprisonment until the fine is paid, or to imprison- ment in the Common Gaol of the County or City, for a period not exceeding six months, or to both such fine and imprisonment, in the discretion of the Court. {/) 39 V. c. 11, s. 29. [ 31. The Clerk of the Peace and the Clerk of any Municipality having the custody of the list of voters of any Municipality or part of any Municipality or place, wrongfully refused to insert the proper name on the roll." Per Richards, C. J., in ^e McCuUoiujh and the Jmhje of Leula and Grenville, 35 Q. B. 452. If the notice of the overseer is distinctly drawn to particular names, he has the opportunity of correcting his list, and he is bound to do so. Per Lord Denman, C. J., in Tarr v. McGahey, 7 C. & P. 385. (/) This section applies to, fraudulent assessments for the purpose of making votes, and may be read as a corroUary to s. 194 of the Asse,sifment Act, which imposes a penalty on the assessor for making fraudulent assessments. "An assessor violating this section is liable not only to an action for the penalties above prescribed, but also to an indictment for a misdemeanor. These wilful and inalajide a.ts and omissions are evidently to be treated as indictable offences," Per Hagarty, C. J., in Kvij'ma v. Snider, 23 C. P. 336. Any wilful contravention of any Act of the Legislature of any of the Provinces within Canada, which is not made an offence of some other kind, shall be a misdemeanor and punishable ac- cor(Ungly. 31 Vic c. 71i s. 3, Can. mm MANUAL ON VOTERS LISTS. 53 and shall furnish a certified copy of such list, then last '^^j^j'^Pj^ revised and corrected, or of any of the parts thereof, to vised yoters' any person who may require such copy or part, on being ""'• paid for the same by such person at the rate of four cents for every ten voters whose names are on such list or part: the said oflEicers may furnish printed Fees for saeh copies, for each of which they shall be entitled to"*P*^ receive six cents instead of the fee aforesaid ; (it Toronto Election, Ibid. 113 ; Brockville Election, 32 Q. B. 132 ; Kingston Election, 11 C. L. J. N. S. 19 ; North Victoria Election, Ibid. 163, 37 Q. B. 234; N'orth Middlesex Election, 12 C. L. J. N. S. 14. •60 MANUAL ON VOTERS LISTS. •B. 8. 0. fc 9. in section two of " The Voters^ Lists Act" or in sec- tion four of the Act passed in the fortieth year of Her (3) Undue influence, Ta&.yhQoltwo'kmdi'&. (1) Force or mtimi- dation by mobs or riotous assembles whereby the freedom of election is violated and persons are prevented from freely exer- cising their franchise, and the real political feeling of the con- stituency is not ascertained. An election carried by violence or force, or intimidation would, by the common law of Parliament, be avoided. Cheltenham Election, 1 0. & H. 64 ; Longford, 2 O. & H. 12 ; Stafford Election, Judgments, 295 ; Staleijb ridge Election, 1 O. & H. 72 ; Galioay Election, 2 O. & H. 196 ; Fergu- sonv. Adams, 5\J. C. R. 194; Wilde v. Boioen, 37 Q. B. 504; (2) Influencing voters by appeals to their fears. This is defined to embrace almost every case of improper influence, whether by physical intimidation, clerical undue influence or otherwise. Longford Election, 2 O. & H. 16 ; Galwaij Election, 2 0. & H. 57, 196. Thus, if done with the intent to interfere with the free exercise of the franchise, whether by the removal of custom, or business, or employment. Blackburn Election, 20 L. J. N. S. 823. Expelling or wrongfully discharging voters shortly before or after a parliamentary election in consequence of their politics. Ibid. So if a landlord was to say to his tenant : "If you do not vote for so and so, I will turn you out of your house." Regina v. Barmoell, 5 W. R. 558. Where fellow servants or others, ill-treat one another, and expel one another from their society, or the common place of employment. Blackburn Election, 1 O. & H. 204. Abducting, or what is vulgarly called " bottling," a voter, and exercising any trick or fraud. Leigh and Le Marchant's Laio of Elections, 32. So a voting card, or any fraudulent device to induce voters to believe that they could not vote for A. , and that their vote would only be valid if they put a cross opposite the name of B. Ibid. 124. The issue of a circular containing a false statement as to how a candidate was inducing his fnends to vote, is not within the act. Ead Northumberland Election, 11 C. L. J. N. S. 328. See also Mu^koka Election, 12 C. L, J. N. S. 193. Sermons and threats by parish priests restraining the liberty of voters, by declaring that the electors who voted for a certain candi- date would commit a sin, or incur ecclesiastical censures, or be deprived of the sacraments, — arc corrupt practices. Charle- voix Election, 1 Sup. Ct. Can. 145 ; Oalwau Election. 2 O. & H. 196. (4) Entertainment to Meetings of Electors. The former clause had the words, " with intent to promote the election of such candidate," but they were struck out by 36 Vic. ch. 2, s. 2. Where spirituous liquor was furnished by an agent of the respondent to a meeting of electors, assembled at a school- MANUAL ON VOTERS' LISTS. 61 Majesty's reigii, and chaptered twehe, as the case ^*^ ^- ''• ^2- may be ; house for the purpose of promoting the election : Held, a corrupt practice under the Election Lmv of 18G8, s. 61, as amended by the Election Act of 1873. ff-rGwynne, J., West WelUntjton Election, 11 Jour. Leg. Assem. Ont. p. 10. A meet- ing of electors was held in the town-hall, about a week before the polling day, for the purpose of promoting the election. After the meeting, a number of the electors who had attended the meeting, went to a tavern, where an agent of the respon- dent treated them, and the treating continued from 10 o'clock p.m., to 2 o'clock a.m. : Held, a corrupt practice, and that it avoided the election. Per Draper, C. J. A., Eai^t PeterhoroiKjh Election, Sess. Papers Leg. Assem. Ont., 1875-6, No. 48, p. 23. (5) Hiring vehicles, or jMynent of travellinn exjwnses. The intention of the Legislature was, that voters should either walk to the poll or go in their own carriages. Per Martin, B., Sal' ford Election, 1 O. & H. 135. See also ii'tttS^ Toronto Election, IOC. L. J. N. S. 248; Cormvall Election, Ibid. 313. The ofl'er of paying travelling expenses conditional on the voter coming and voting, is an act of bribery. Cooper v. Slade, 6 H. Lds. Cas. 746 ; Litchfield Election, 1 O. & H. 28 ; Stroud Election^ 1 0. & H. 179. And is so at common law. Dublin Election, 1 0. & H. 273. But not when a railway ticket is sent to the voter without conditions. Bolton Election, 2 O. & H. 144. The payment of a voter's expenses in going to the poll, ia illegal though not intended as a bribe. Lincoln Election, (1st) 12 C. L. J. N. S. 101. See also ^^orth Victoria Election, 10 0. L. J. N. S. 217. (6) Personation, by the English Act, 14 & 15 Vic. c. 100, s. 9, is felony. Bushby's Election Law, 82, See also as to cases of personation, Oldham Election, 1 0. & H. 162 ; Gloucester Llection, 2 0. & H. 62. (7) Selling or giving liquor at taverns, tCr., during polling, hours. The parties liable to disqualification for this offence, are tavern-keepers or persons acting for them in the tavern, or shop. South Ontario Election, 12 C. L. J. N. S. 216. North Grey Election, 11 C. L. J. N. S. 242 ; South Essex Elec- tion, 11 C. L. J. N. S. 247 ; Lincoln Election, (1st) 12 C. L. J. N. S. 101 ; North Wentworth Election, 11 C. L. J. N. S. 186 ; W'lland Election, 1 1 Jour. Leg. Assem. Ont. p. 5. See also Lincoln Election, 1878, Per Patterson, J. A. For the offence of corrupt practices at Parliamentary elec- tions, the punishments are : — (1) A money penalty of $200, to be recovered with full costs of suit, by any pereon who will sue the same, by action of debt or information, in any Court for «2 Scrutiny. MANUAL ON VOTERS LISTS. 4. The word "scrutiny" ( page 11, and the Election Act, s. 7, secoiully. "Non-resident within the electoral district." This includes voters on real property and farmers' sons. See note (g), page 11, and the Election Act, s. l,Jirathj ami thirdly. 9 66 MANUAL ON VOTERS LISTS. sub-sections of section seven of " The Election Act of Ontario'" (I) and fl^ penons. (^) Persons who, under sections four, (m) five, (n) and six, (o) of " Tfie Election Act of Ontario," ar«» disqualified and incompetent to vote. (I) The qualification respecting the payment of taxes by income voters, depends upon the following rules : — (1). If the collector's roll has been for over one month in the collector's hands, then the taxes for that year must have been paid before the date of the writ of election. (2) If such collector's roll has not been for one month in the collector's hands, or has not been delivered to the collector, then the taxes for the preceding year must have been paid on or before the .3 1st of December of the year for which they were levied. (m) This section disqualifies the following officials : Judge of the Superior and County Courts, Custom House Officers, Clerks of the Peace, County Attorneys, Registrars, Sheritts, Deputy SheriflFs, Deputy Clerks of the Crown, Crown Land Agents, Postmasters in Cities and Towns, and Officers engaged in the collection of duties in the nature of duties of excise. The disqualification of Officers of Excise and Customs dates from the reign of Wm. III. , and the penalty for any such officer voting at a Parliamentary Election, was forfeiture of office, and incapacity thereafter to bear any office or place of trust under the Crown. See also note (m), pages 7-8. {n) This section disqualifies Returning Officers, Election Clerks, and persons receiving or expecting to receive payment for acting as counsel, agent, attorney, or clerk at the election, or in any other capacity whatever, in reference thereto. (o) This section applies to women. See note (/t), page 5. Though a woman has no common law right to vote at elections of members of Parliament, she appears to be capable of holding many public offices ; — such as Queen : " Queen regnant is she who holds the crown in her own right," (1 Bl. Com. 219) ; Marshall, Great Chamberlain, and Champion of England (2 T. R. 397); Constable of England (3 Dyer 2856). Anne, Countess of Pembroke, held the office of hereditary Sheriflf of Westmorland, and exercised it in person. At the Assizes of Appleby she sat with Llie Judges on the Bench, (Harg. n. Co. Litt. 326a). Iiucy, Countess of Kent, was Returning Officer, and signed the indenture and return of the member for the County of York in 1412. And in 1415, Margaret, widow of Sir H. Vavaseur, also acted and signed a similar indenture. So Lady Elizabeth Copley made the return for the Borough 18 th( It thi of MANUAL ON VOTERS' LISTS. 67 are 4. Notwithstanding anything in this or any other v^^' lirt Act contained, any voters' list based upon the Assess- of 1877°"* ment Roll of any Municipality for the year one thousand eight hundred and seventy-seven, (/?) shall, at the of Gatton in 1553, and again in 1555. Dame Dorothy Packing- ton also acted as Returning Officer, and made the return of the two members for Aylesbury in 1572, (Prynne's Brev.Parl. 152). And in 1628 the return of a member for Gatton was made by Mrs. Copley, et omnea inhahitantes, (1 Carew 245 ; Heywood on Elections, 160). " Possibly other instances maybe found in early times, not only of women having voted, but also of their having assisted in the deliberations of the Legislature." (Per Bovill, C. J., Manchester Burough Case, L. II. 4 C. P. 383, citing Selden's England's Epinomis, c. 2. s. 19). Woman appear to have laeen burgesses of Lyme Regis in 1577, (2 Luders 13). She may be a commissioner of eewera, (Callis 202, 13 Vin. Abr. 159) ; governor of a workhouse, (2 Ld. Ray. 1014) ; sexton of a parish church in London, (2 Strange 1114, 13 Vin. Abr. 159) ; keeper of the prison of the gatehouse of the dean and chapter of Westminster, (3 Keb. 32, 2 Stra. 1114, 3 Salk. 2); governess of a workhouse at Chelmsford, (13 Vin. Abr. 159) ; custodian of a castle, (Cro. Jac. 18, 13 Vin. Abr. 159) ; constable, the office of which is in some respects judicial, (2 Hawk. P. C. f. 10, 8. 36) ; gaoler, (2 T. R. 397) ; overseer of the poor, (2 T. R. 395). Women who were housekeepers and paid church and poor rates, were entitled to vote for a sexton, (2 Strange 1114). A feme sole, if she had a freeholfl, was said to be entitled to vote for a member of Parliament, (7 Mod. 264 and 271, cited L. R. 4 C. P. 399). Women may vote for churchwardens, (23 Gr. 49). " It might be more reasonable that one or more churchwardens should be women than men, one half the congregation are likely to be women, and a female overseer would be able to watch over their conduct, to counsel and advise them, better than men." (Per Proudfoot, V. C, Ibid.) In Municipal elections in England spinsters and un- married women who are rated for property, are entitled to vote, but they lose that right on their marriage. Marriage is at common law a total disqualification, and a married woman, therefore, could not vote, nor exercise almost any public function, her existence for such purposes being merged in that of her husband. (L. R. 7 Q. B. ML) (p) '* ^"oters' List based upon the Assessment Roll for 1877." This includes all Assessment Rolls prepared under the general provisions of the Assessment Act (R. S. O. c. 180). It may also be found to include Voters' Lists based upon the Assessment RoUs of cities and separate towns under s. 44 of that Act. That section gives power to such municipalities 68 MANUAL ON VOTERS LISTS. Still Bultject to reTision. B. 8. 0. u 9, 0,8. S. 3 of this Act not to apply. Express de- cision of County Judge not to be reviewed. instance, anil upon the complaint of any j)erson entitled either to be enteied on said list, or to vote, or be a voter, in the electoral distiict in ■which said Municipal- ity is situate, be still subject to bo revised and corrected by the County Judge to the extent and in the manner and upon and for all or any of the grounds mentioned in section eight and the sub-sections of section eight of " The Voters^ Lists Act;" (q) and with respect to aud upon the hearing and deteimination of any such com- plaint, none of the provisions of section three of this Act shall apply, nor shall any decision of the County Judge heretofore made, either under " The Voters' Lists Act," or any other Act, in regard to the right of any person to vote be, for any purpose whatsoever, con- sidered or taken as final or conclusive ; Provided always, that no such complaint shall be made or per- mitted under this section with resjject to the right of any person to vote (r) or to be entered on the Voters' List, where such right has at any past revision of to pasa by-laws altering the ordinary dates, prescribed by the Act, but so that the final return by the Judge, on appeals to him from the Court of llevision, shall be made by the 31st December; and it then provides, "and the assessment so made and concluded may be adopted by the council of the followinfj year, as the assessn ent on which the rate of taxation /or said foUoioinij year shall be levied ; and in the year followiny the passing of the by-law, the council may adopt the assessment of the preceditifj year, as the basis of the assessment of that year." The Assessment Rolls, on which the taxation of 1878 is levied under sec. 44, were prepared, and finally revised and corrected during 1877. {(j) See pages 19-25 ante. {r) This provision may be compared with s. 98 of the English Registration of Voters Act, 6 Vic. c. 18. The term "express decision," in that Act, has received judicial inter- pretation by Parliamentary Election Committees, and by the Election Courts. Tliere must be a bona Jide objection raised before the revising barrister to bring the case within the term "express decision." 'RogaTs' Law of Elections, ^(^5. Where the parties were jiresent and prepared to argue the case, but the revising barrister stated that he would expunge and retain respectively the names of all who had been expunged or retained by the former revising barrister, and refused to hear evidence, MANUAL ON VOTERS LISTS. such list been enquired intc and expressly decided 69 and inserted the names in his own handwriting : Held an express decision. Wareham Election, Wolf. & Dew 94. Where the decision of the revising barrister turned upon a prelimi- nary point, as upon the validity of a notice of objection : Held, an express decision. Bedford Election, P. & K. 117. "Inasmuch as the vote of G. S. did actually become the subject of dig- cussion before the revising barrister, that circumstance suffices to bring it within the jurisdiction of the Committee without determining whether the notice of objection was or was not jierfect in form." Ripon Election, C. & R. 292 ; s. c, P. & K. 204. A voter was objected to before the revising barri.ster on an objection to the spelling of his name, but it was not proved that he was objected to on any other ground : Held, an express decision. Oldham Election (Firth's CciKe), 1 0. & H. 155. Where a voter's name, duly objected to, was struck oflf by the revising barrister, owing to the non-attendance of such voter at the Revision Court : Held, an express decision. Old- ham Election {Harper's Case), 1 0. & H. 157. Where, after the notice of objection to the vote of C. was held bad by the revising barrister, and after he had so decided, his attention was cafled to the fact that similar notices had been given in a great many other cases, including B.'s cas3, but the names were not mentioned to him ; and he was not informed of the objection to B.'s vote : Held, an express decision, that after deciding on C.'s case it was not necessary to get a formal decision on B.'s case to bring it withiu the rule. Betvdley Election {Baker's Case), 1 0. & H. 177. Where two voters were objected to, and after hearing evidence and the parties on both sides, the revising barrister decided that he would expunge the names, but before he actually erased them an arrangement was entered into between the parties, by which the objections were withdrawn, and the names retained on the list : Held, not an express decision. \st Hanvich Election, 1 P. R. & D. 303. Seo also Oldham Election {Hestor's Case), 1 0. & H. 156. Where a voter had been objected to, and the revising barrister decided to expunge the name, but by mistake it was retained : Held, not an express decision. Huntingdon Election {Otoen's Case), Wolf. & Dew 198. Where a voter's name had been struck off by the mistake of the revising barrister : Held, not an express decision. Oldham Election {Oyden's Case), 1 O. & H. 156. See also Ex parte Allen, 6 C. B. 334. AVhere a voter's name had been struck oflF by the revising barrister, but the voter had received no notice of the objection against his vote : Held, not an express decision. Oldham Election, {Lees' Case), 10. & H. 156. The revising barrister has na jurisdiction to strike ofiT the name of any voter unless the name has been duly objected to under the Act, 10 MANUAL ON VOTERS' LISTS. by the County Judge, (n) Smith V. Jamea, L. R. 1 C. P. 138. Where the names of certain occupiers of houses in a borough were placed on the list of voters, although the rates in respect of their houses was made upon and paid by their landlord; and their names did not appear on the rate roll, but no objection to their right to vote was taken before the revising barrister, and ho certified the lists in the usual way : Hem, on a special case, not an express decision ; and as such occupiers had voted, although not rated as required by law, no objection to their votes could be taken on an election petition, the register of voters being conclusive evidence of their right to vote. New Sarum EleC' tmi (Ryder v. Hamilton), L. R. 4 0. P. 559. The decisions of the election committees upon the point under discussion were clearly right. Per Brett, J., Ibkl. Unless we can clearly see that a continuous course of decisions of election com- mittees upon a given point, has been wrong, we oucht not to decide contrary to these decisions. Ibkl. See mrther on these points note (in), page 32, and note (<), page 63. («) An "express decision " by the County Judge, on a former revision, is here limited to cases where the right to vote has been inquired into and expressly decided. Such decisions cannot be reviewed under this clause. Where the same question has been once judicially determined between the parties it is res judicata. The maxim, ' ' a man shall not be twice vexed for the same cause, "applies. Broom's LegalMaxims, 296 ; Oreathead v. Bromley, 7 T. R. 455 ; Lord Bagot v. Williams, 3 B. & C. 235 ; Doe dem. Strode v. Seaton, 2 Cr. M. & Ros. 728; Place V. Potts, 8 Ex. 710, 23 L. J. Ex. 348, 5H. Ltls. Cas. 388; Tilt V. Dickson, 4 C. B. 736 ; Ferris v. Chesterjield, IOC. P. 272. But the tribunal must have jurisdiction, and be properly con- stituted, or the whole proceeding will be coram nan judice; and so especially where the tribunal is of limited jurisdiction, and its sittings are regulated by statute. The irregular holding of the revising barristers' Courts has been held to vitiate the votes registered thereat. Rogers' Laio of Elections, 555. Where the overseers of a certain parish did not appear before the revising barrister on the day appointed, and the barrister, at the close of the day, rose, without adjourning the Court, but afterwards wrote a letter to the overseers appointing a day for another sitting, beyond the time allowed by the Act, at which sitting the list of voters was produced, and no objections having been made to any name, the revising barrister signed the list. On a scrutiny, all the voters on such list were struck oflF the poll. Shaftesbury Election, Fal. & Fitz. 374. If there is irregularity in the manner in which the votes are registered, such irregularity yriil be investigated, Cork Election, K. & Omb. 279. mm MANUAL ON VOTERS LISTS. 71 5. The [>roceedings upon and with respect to *^y ^JJ'^'JJ^iJISt complaint made under the provisions of the next pre- m to IM od ceding section of this Act shall be as follows : "" ®' ^^^^' (1) The person making the same shall, on or before To be nude the fifteenth day of May next after the passing of this i87d. ''* Act, give notice thereof as nearly as may be in the manner and form provided by section nine of " T/ie Voters' Lists Act ;^' (t) and the proceeding thereafter by, and the respective powers, duties, rights and lia- Powen of bilities of the Clerk or other proper officer of the S^^i Municipality, the County Judge, and all other persons b. s. 0. c. f. and parties respectively, and the forms to be used shall, except where otherwise provided by this Act, be as nearly as may be as if said complaint were one duly made under and pursuant to said section nine ; (2) The said Clerk, or other proper officer in thatWerkto behalf, shall within five days after said fifteenth day of county May, notify the County Judge of the number and*'"^*®' nature of the complaints so made, (u) and thereupon it shall be the duty of the County Judge so to arrange j^^ge ^^ g, and proceed, and to fix the sittings of the Court for the sittings, hearing of such complaints, (v) that every such com- plaint shall be heard and determined, and said list finally (t) For the grounds on which appeals may be made see the notes on pages 20-25 , and see notes to s. 9, pages 26-30. (m) This notice will not be required if no appeals are made ; but if appeals are served upon the Clerk under sub-s. 1, then the notice to the Judge must be made not later than Monday, the 20th May. The Voters' List Act makes it the duty of the Clerk to notify the Judge "forthwith" (s. 11), and according to the Form 7. See note (r), page 33. The "five days above prescribed may be taken to be the legislative definition of " forthwith" in the Voters' List Act. (v) In arranging the dates of the sittings of the Voters' Lists Court, provision will have to be made for the sittings of the County Courts (except in the County of York) commencing on the 11th June, and for the term commencing on the 1st July ; and for the term of the York County Court commenciag on the 10th June, and for any additional County Court sittings. 72 MANUAL ON VOTERS LISTS. i-'st to be revised, corrected and certified under this Act, before 16 Juiy,i878. the fifteenth day of t^uly next after the passing here- of ; (w) Cierk to bring list and former corrections. (3) Paid Clerk, or other proper officer, shall bring with him from among the records of his office and pro- duce to and at the Court appointed for the hearing of said complaints, the copy of sail list and any statement of changes therein heretofore certified by the County Or lists from Judge, (x) or in lieu thereof shall bring and produce Pe«je.° ^ 8'S aforesaid a true copy of the same list and statement or of either of thera, as the case may be, certified to be correct by the Clerk of the Peace. 6. Immediately after any list has, under the pro- visions of the two next preceding sections of this Act, been finally revised and corrected by the County Judge, he shall make, or cause to be made, and shall sign a statement in triplicate, setting forth the changes, if any, which he has made in the list, and shall certify in triplicate a corrected copy of the list, the forms for such statement and certificate to be, as nearly as may be. Dutj' of JudKC on tbis revision To certify changes in triplicate. {w) This clause, limiting the time for the revision of the Voters' Lists to the 15th July, while it m.iy Le considered as imperative on the Judge, must be re;id as merely directory so far as the pubUo interests are concerned. N'lckle v. DoikjIcu, .35 Q. B. 141 . The Judge is bound to proceed as expeditiously as his other duties will permit ; but when once he has acquired the jurisdiction to revise, — by the service of notices of complaint on the Clerk, as above provided for, — any unavoidable delay beyond the date specified, by reason of other duties, will not oust his jurisdiction, nor render his proceedings in the Voters' List Court abortive. A return made after the date prescribed will be sufficient. Iie Clerk to afford all reasonable- faculties. ([/) This right to apply or complain was conferred upon "a voter or person entitled to be a voter," by s. 8 of the Votem' LiM Act, under the first ground of complaint referred to in note (k), page 20 ; and upon farmers' sons by s. 8, sub-s. 5, of the same Act, i)age 25. But as there was no express pro- vision allowing a farmer's son to apply to be entered on the Assessment Koll, the above section was passed to remove doubts as to his rights. (//) The reference to the prior statute should have been to the Vdterti' JAd Ad. See K. S. O., schedule A, page 2293, and 41 Vic. c. G, a. 2. (j) This is substantially the same as s. 239 of the Municix>al Act. The fees payable under that Act are ten cents per 100 words for copies of documents. The fees payable for V'oters' Lists are at the rate of four cents for c;very ten voters, or six cents for each copy of the printed list of voters. See note ([/), page 53. 78 MANUAL ON VOTERS LISTS. Uniformity of deciflion. 11. In order to facilitate uniformity of decision without the delay or expense of appeals, (j) [j) Under the Enghsh Registration of Voters Act (6 Vic. c. 18), electors have a right of appeal from the revising barrister to the Court of Common Pleas, (s. 60), either by one appeal or a number of appeals consolidated, or by a special case, to be stated by the revising barrister. This section provides an anomalous and rather dilatory procedure for determining the rights of electors under the Voters' Lists Act. As to the right to review the decision of the County Judge, see note (y), page .36. The following clauses were proposed in lieu of the provisions in this section : — (1) TJie County Judge may, if he thinks fit, with the consent of the parties appearing before him, settle and state a special case for the opinion of the Court of Appeal, or one of the Superior Courts, on any point of law affecting any case or cases before him. (2) If it appears to the said County Judge'that^the Validity of any number of claims or objections depends upon the same point or points of law, the said County Judge may direct that all such claims or objections shall abide the result of a special case to be settled by him as aforesaid ; or in case there shall be a number of claims or objections depending upon dififerent points of law, that all the said claims v^r objections shall be classified according to the points of law in each class, and be consolidated and stated as a special case in each class ; and the said County Judge shall in his statement set forth the several cases, so to abide the result, or classified aud consoli- dated in such special case, or cases, and shall name any person or persons interested and consenting, for and on behalf of himself, or themselves, and i>f all other persons in like manner interested in such special case or cases, to be appellant or appellants, and respondent or respondents respectively, and to prosecute or answer the said special case or cases. (3) Such special case or cases shall be signed by the said County Judge, and shall be forthwith transmitted by him (at the expense of the Municipality) to the Registrar or the Clerk of the Court named in such special case or cases ; and audi special case or cases may at any time be ai» nded by the said Court or a Judge thereof, or referred back to the said County Judge for anieiulment. (4) In case any appellant or respondent so named by the County Judge, in a special case or cases, does not prosecute or answer such special case or cases, the Court for which such special case is stated, or a Judge thereof, may allow any other person who might have been appellant or respondent, to inter- vene and have the conduct of duch special case or cases, or of MANUAL ON VOTERS LISTS. (1) Any County Judge may tate a case on any County the answer thereto, upon such terms as such Court or Judge may determine. (5) The said special case or cases shall, 'within ten days after being so transmitted by the County Judge, be set down by the Registrar or Clerk of the Court (without fee), for argu- ment before a Judge of the said Court of Appeal or before a Judge of the said Superior Court, sitting for the full Court, under the Administration of Justice Act, and the said Registrar or Clerk shall forthwith send a notice by post to the parties named as appellants or respondents, of the day appointed for hearing, or the said Judge may direct the same to be heard before the full Court in Term ; and the said Court or Judge shall give such judgment or decision as the law requires, and may also award costs to either party as the said Court or Judge may think proper; but in no case shall the costs and counsel fees so awarded, as between party and party, or solicitor and client, exceed the sum of ten dollars and the actual disbursements. (6) The judgment or decision of the said Court or Judge shall be final and conclusive, and the order thereon shall set out what entries or alterations are to be made on the Assess- ment Roll, or Voters' List, or both, and shall be served upon the County Judge, the Clerk of the Peace, and the Clerk of the Municipality ; and thereupon the said County Judge, the Clerk of the Peace, and the Clerk of the Municipality shall, on receipt of suca order, forthwith attach a copy of the order to, and make all proper entries or alterations on the Assess- ment iloU or Voters' List, or both, as the order of the Court directs, and shall on such roll or list state that such entries or corrections are made pursuant to the order of the said Court ; and such order, when so served upon the said County Judge, Clerk of the Peace, and Clerk of the Municipality, shall have the same effect as if the particulars thtrcin, were set out in the said roll or Voters' List at the time wlien copies of the said Voters' List were retained by the said County Judge, and transmitted by him to the Clerk of the Peace ami the Clerk of the Municipality, as required by the said Voters' List Act. (7) The County Judge, notwithstanding the said special cases under this Act, shall forthwith sign, certify and deliver and transmit the statements and corrected copies of such lists, required to be retained and transmitted, pursuant to s. 12 f>f the said Voters^ List Act ; and he shall on the said statements and copies, so to be retained and transmitted, certify shortly that a special case or cases has or have been settled, as the case may be ; and such Voters' Lists, notwithstanding any such special case or cases, shall be held to be the Voters Lists delivered or transmitted to the Clerk of the Peace, as required by law. (Votes and Proceedings, Legis. Asscm. 1878, p. 213). 80 MANUAL ON VOTERS LISTS. Judge maj- state a case for Court of Appeal. Duty of Lleut.-GoT- ernor there- upon. general question arising or likely to arise, or expected to arise under " TJte Voters^ List Act" or this Act, and may transmit the same to the Lieutenant-Governor in Council, {k) who thei'eupon shall immediately {t) refer the said case to the Court of Appeal or a Judge there- of for the opinion of such Court or Judge thereupon ; (wi) or (^0 The clause is permissive as to the action of the County Judge; but it is imperative on the Lieutenant-Governor in Council to refer, and on the Court of Appeal to hear argu- ments, and to certify an opinion, should any County Judge state a case, and transmit the same to the Lieutenant-Governor in Council. (0 "Shall immediately," &c. This is the only statute in which the prerogatives of the Lieutenant-Governor are con- trolled, in express words, by an imperative enactment. {m) By the Privy Council Act of 1833 (3 & 4 Wm. IV. c. 41, s. 4), Her Majesty may refer to the Judicial Committee of the Privy Council, for hearing, or consideration, any matter, as Her Majesty shall think fit ; and such Committee shall thereupon hear and consider the same, and shall advise Her Majesty thereon. But it would appear from the reported cases that this jurisdiction has been invoked only in advising the Crown to granti or refuse, leave to appeal to the Judicial Committee, in cases where appeals do not ordinarily lie, and in cases which are not strictly appealable grievances. By the Supreme Court Act of 1875, (3a Vic. c. 11, s. 52, Can.) the Governor in Council may refer to the Supreme Court, for hearing and consideration, any matter whatever, and the Court shall thereupon hear and consider the same, and certify their opinions to the Governor. But hitherto this function of the Court has never been invoked. By the Act res^pecting the Education Department (R. S. O. c. 203, s. 17) the Minister of Education, -whoso duties indicate that the Legislature intended to provide a domestic forum for the settlement of school ques- tions, (Per Burns, J., 10 U. C. R. 475), may submit a case arising under the Public or High School Acts, (R. S. O. cc. 204, 205) to any Judge of the S'~)erior Courts for opinion and deci- sion ; but although that provision has been in existence since 1800, (23 Vic. c. 49, s. 23) the only case presented to the Courts, under the Act, was in 1877. Be Petition of the Minister of Education, 28 C. P. 3-5. Trustees and executors may apply to a Judge of the Court of Chancery (R. S. O. c. 107, a. 135) for his advice or direction on certain questions aflfecting the trust projjerty. In the United States, the Supreme Court MANUAL ON VOTERS LISTS. (2) The Lieutenant-Governor in Council may refer Lieut. Gov- \ ' . ' 1 t~, /• crnor may a case on any such general question to said Court of obtain Appeal or a Judge thereof, for a like opinion, (n) op'n'on. (3) Immediately upon the receipt of such case it shall ^uty of be the duty of such Court or Judge to appoint a time judge, and place for hearing arguments (if any be offered) upon ^^ appoint the points and matter involved in such case, of which time for time and place, written notice shall be given by the """S"™^" • Clerk of said Court posting up a copy of such notice in the oiRce of each one of the Superior Courts at Osgoode Hall, in Toronto, at least ten clear days before the time no«ce? '* appointed as aforesaid. (4) At the time and place fixed therefor as afore- a°"„„ent"' said, such Court or Judge shall hear argument upon the case by such and so many of the counsel present (if any) as such Court or Judge may deem reasonable, shortly after its establishment was applied to by the President to advise the Government on certain questions aflfecting the construction of the Treaty with France, of 1778; but the Court declined on the ground that it could only be called upon to decide controversies brought before it as a legal tri.^unal, and that the Judges were therefore bound to abstain from giving extra-judicial interpretations, or opinions, on treaties, or ques- tions of law, even though solemnly requested so to do by the Executive. 2 Story on the Constitution of the United States, s. 1571. {n) The " opinion" of a Jadge under this section, upon any "general question arising, or likely to arise, or expected to arise," will not be binding upon any of the Courts, nor upon the Judge himself. It is neither a judgment, nor a sentence, in rem, or infer partes. A judgment or sentence is a judicial determination of a cause agitated between real parties, upon which a real interest has been settled. In order to make a sentence there must be a real interest, a real argument, a real prosecution, a real defence, a real decision. Per Wedderburn, S. G., in Duchess of Kingston's Case, 20 How. State Trials 478; Philpot v. Hunter, 2 H. Bl. 402. The validity of ^a decree of a Court of competent jurisdiction may be ques- tioned on the ground that it was not pronounced in a real suit, or if pronounced in a real substantial suit, that it was between parties who were really not in contest with each other. Per Lord Eldon, C, in Earl of Bandon v. Becher, 3 CI. & Fin. 510. 11 82 MANUAL ON VOTERS LISTS. To certify opinion. Publishing Bftine. and shall thereupon consider the said case and certify to the Lieutenant-Governor in Council, the opinion of the Court or Judge thereon ; and such opinion shall thereupon be forthwith published in the Ontario Gazette, and a copy thereof sent to the Judge of each County Court. Dlseretion- ary opinion by Court or Judge to a TOter. (5) The said Court of Appeal or a Judge thereof, may also give an opinion on any such question at the instance of any voter or voters, or person or persons, entitled to be voters, if said Court or Judge sees fit ; (o) and the proceedings with respect thereto shall be, as nearly as may be, the same as upon a case i*eferred as aforesaid, but, in addition, such Court or Judge may Deposit of require a deposit of money to cover the costs of hearing money. the question argued by Counsel, and may require such Proceedings, notice of the proceedings, or any of them, to be given to such person or persons as the Court or Judge may direct. Clerk to give 12. The Clerk of the Peace or the Clerk of the to w'turai'ng Municipality who has the custody of a Voters' List, officer. shall furnish copies thereof to the returning officer in four days after a written application thereof has been delivered to him personally or left for him at his proper office, (p) Production 13. In case of a recount of votes or ballot papers of baUot^^ under section one hundred and seventeen and the five papers on a next succeding section of " The Election Act of Ontario," the returning officer shall, on a written notice from the R. S. 0. c. 10. Judge, produce the ballot papere at the time and place appointed for the recount, and the same shall continue in the custody of the returning officer ; and he shall (o) There is no provision declaring that such " opinion " of the Court or Judge shall be binding upon the voter or voters so applying. No rules have been promulgated regulating pro- ceedings under this section. {p) The Returning Officer should indicate which Voters' List he requires for the purposes of an election, i. e. , the list filed with the Clerk of the Peace at least thirty days before the date of the writ of election, or the list mentioned in s. 7 of this Act. See pages 73-4. MANUAL ON VOTERS LISTS. "of SI continue to be responsible therefor, subject to any directions which the Judge may give in respect of the said ballot papers, (q) 14. Any person who wilfully and improperly inserts or procures or causes the insertion of any name in the Assessment Roll, or assesses or procures or causes the assessment of any pei-son at too high an amount, with intent in either or any such case to give to any i)erson not entitled thereto, an apparent right to vote at any election ; or who wilfully inserts, or procures or causes the insertion of any fictitious name in the Assessment Roll, or who wilfully and improperly omits, or procures or causes the omission of any name from the Assess- ment Roll, or assesses or procures or causes the assess- ment of any person at too low an amount, with intent in either case to deprive any pereon of his right to vote, shall, upon conviction thereof before a Court of com- petent jurisdiction, be liable to a fine not exceeding two hundred dollars, and to imprisonment until the fine is paid, or to imprisonment in the common gaol of the county or city, for a period not exceeding six months, or to both such fine or imprisonment, in the discretion of the Court, (r) (q) This clause is an amendment to the Election Act, and may be read in connection with ss. 117-122 of that Act. (r) This clause, — which may be read in connection with s. 30 of the Voters' Lints Act, page 52, which refers to assessors, — provides a penalty against " any person," wilfully and fraud- ulently dealing with the assessment roll, or assessor, in creating false votes. The penalty here provided for, as well as the penalties under the Voters' List Act, may be sued for and recovered by civil action, or proceeding, at the suit of the Crown only, or of any private party, suing as well for the Crown as for himself, in any form allowed in such case by the law of this Province, before any Court having jurisdiction to the amount of the penalty in cases of simple contracts, upon the evidence of one credible witness other than the plaintiff or party interested. And if no other provision is made for the appropriation of such penalty, one half thereof shall belong to the Crown, and the other half shall belong to the private plaintiff, if there be one, and if there be none, the whole shall belong to the Crown. Interpretation Act, c. 1, s. 8, sub-s. 29. Returning officer responsible. Frandttlent insertion or omisr' n, Ao., on, or dealing with the assess- ment rolL Conviction: Fine or impriaon- ment, or both. ^ ^ •'^*>. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I U£|28 •so ^^" mm ^ |i£ 12.0 25 2.2 ik ■•25 11.4 1 1.6 6" Photographic Sciences Corporalion 13 WBT MAIN STMIT wnsTiR,N.Y. usm (716)172-4903 <^ c^ «^ 84 MANUAL ON VOTERS LISTS. FeM to clerk J 5. Where it is provided by any by-law or contract fl0e£offa under which the Clerk of any Municipality is appointed B^sl'a**. 9 ®** employed, that the sum to be paid him by way of nnieis fixed ' salary as such Clerk is intended expressly or impliedly or ^^w.° to include payment for any duties which as such Clerk and under " The Voters' Lists' Actuate to be performed by him uf)on and after the lodging with him of any complaint or api)eal under said Act, then such Clerk shall not in respect of such duties V? entitled to or be allowed by the County Judge, nor shall there be taxed to him any fee, payment, cost or charge whatever ; but when it is not intended by such by-law or contract to provide for compensation for the peiibrmance of such last-mentioned duties, (s) then such Clerk shall be entitled in respect thereof to the following but to no other fee or compensation, that is to say : (<) •3 per diem. 1. To the sum of three dollars for each day's atten- dance on the sittings of the Court for the revision of the Voters' Lists ; and 2. To the actual and reasonable disbui'sements neces- sarily incurred by him in serving the notices of com- plaint or apijeal when served by himself. 16. The pei*son acting as const^able at the sittings of the Court for the revision of any Votera' Lists shall, as Diaburse- ments. Oonstablos' fees. («) With reference to the Clerk's duties under these Acts, the following suggestion will be found of great practical advantage: "A minute book of every transaction connected with the Voters' Lists, should be kept by every Clerk, just as he keeps the minutes of the Court of llevision. In this he should set down everything, frmn day to day, commencing with the final revision of the roll ; this being, as it were, the era from which everything following is dated, — when list was sent to the printer, — received back, —posted up, — distributed, &c. This book, when proiluced at the sittings of the Court, would be prima facie evidence of the performance by the Clerk of the several duties entered in it. In it should be set down, also, the decision given by the Judge, on each appeaL" — Judge Ardagh on the Voters' Linta Acts, 13. (0 See section 16 of the Voters' Litti Act and note (c), page 38. MANUAL ON VOTERS LISTS. 85 such constable, be entitled to the following but no other fees or compensation ; that is to say : (u) 1. The sum of one dollar and fitly cents for each A-so per day's attendance as such constable ; *"' 2. For the service of any process or notice including Service of the sei'vice, the receipt and the return thereof and all P"x*"' other services connected therewith when allowed by the Judge, a sum not exceeding ten cents per mile one way for each mile actually and necessarily travelled to eiTect such service. 17. The compensation fixed by the two preceding cierk and sections shall be paid to the said Clerk and constable ^■*b^'l|jj respectively, by the Municipality the list for which is bv Treasurer the subject of investigation ; and the amount of such ^ty"'**' compensation as certified by the Judge shall be so paid by the Treasurer of the said Municipality upon the production and deposit with him of the Judge's certifi- cate, (v). ^^; I (a) These allowancee were formerly settled by the Judge at such sum as he should certify to be reasonable. See note (a) page 38. (tf) The Municipal Act, a. 247 provides that every Treasurer thall receive and safely keep all moneys belonging to the Corpo- ration, and shall pay out the same to such persons and in such manner as the laws of the Province and the lawful by-laws or resolutions of the Council of the Municipal Corporation whose officer he is, direct ; but no member of the Council shall receive any money from such Treasurer for any work performed or to be performed ; and such Treasurer shall not be liable in any action at law for any moneys paid by him in accordance with any by-law or resolution passed by the Council of the Munici* pality of which he is the Treasurer, unless when another dispo« sition is expressly made of such moneys by statute. 86 MANUAL ON VOTERS LISTS. An Act respectiDg Elections of Members of the Legislative Assembly, (a) BEVISED STATUTES OF ONTARIO, CHAPTER 10. Short title, b. 1. Interpretation, s. 2. " Owner." "Occupant." ••Tenant." •• Farm." •• Farmer's Son." •• Father." ••Election." ••To vote." •'Electoral District" " Voters' List." •• Corrupt Practices." Qualification of members, a. a Qualification of voters, ss. 4, 7. Persons who shall not vote, ss. 4, 6. Persons who may vote, s. 7. In respect of real property. In respect of income. Farmers' Sons. Indians. Where no Assessment Roll. HEK MAJESTY, by and with the advice and con- sent of the Legislative Assembly of the Province of Ontario enacts as follows : — BbMt title. 1* This Act may be cited as " Tlte Election Act," or " Tlie Election Act of Ontario." INTERPRETATION, interprata- 2. Wherever the following words and expressions (km clause, occur in any part of this Act, they shall be interpreted as follows, unless there is something in the context re- pugnant to such construction :— ••Owner." (^) "O^^©'" shall signify proprietor, (6) either in (a) Only those sections of the Election Act which define the qualification of voters at Parliamentary elections, are here given, as the other sections relate almost exclusively to the procedure at elections, and the definition and penalties for corrupt practices. (6) A similar definition of " owner" is given in the Muruci- pal Act, (R. S. O. 0. 174, s. 76) and in the Asaeamnent Act^ (R. MANUAL ON VOTERS LISTS. 87 ,^M| his owD right (c) or in the right of his wife, (d) of an S. 0. c. 180, 8. 20. The word "freeholder" appearing on the Assessment Roll pursuant to the Aaseamnent Act shall, for the purposes of the Voters* Lists Act, mean "owner." (R. S. O. o. 9, s. 33. In the Mechanics' Lien Act, (R. S. 0. c. 120, s. 2) the tt>7m " owner shall extend to and include a person having any estate or interest, legal or equitable, in the lands upon or respect of which the work is done, &c., and all persons claiming under him, whose richts have been acquired after the work," ftc, is commenced. In the Railway Act (R. S. 0. c. 165, s. 3) *' owner shall be understood to mean any corporation or persons who would, under the Act, &c., m enabled to sell and convey the lands to the company." In the As'iessment Act, (R. S. O. c. 180, s. 169) the words "original owner shall include and extend to any person who at the time of such sale (for taxes) was legally mterested in the said land sold, and all persons claimmg through or under him." In the Public Schooh Act, (R. S. O. c. W4, s. 2) " owner shall include a mortgagee, lessee, or tenant, or other person entitled to a limited interest." (c) By 7 & 8 Wm. III., c. 25, s. 7, no trustee or mortgagee had a right to vote unless such mortgagee was in actual posses- sion un(&r his mortgage ; but the mortgagor, or cestui que truit, in possession could vote. Hey wood on Elections, 63; 1 Stephens's Law of Elections, 456. {(I) " Proprietor in right of his wife." With respect to the wife's freeholds for life, and her freeholds of inheritance, before the birth of issue, the husband acquires a freehold interest during the joint lives of himself and wife ; the husband and wife are seized in right of the Mnfe. 1 Bright's Husband and Wife, 1 12. The Married Woman's Property Act, (R. S. O. c. 126, Eng. Act, 33 & 34 Vic. c. 93,) has however, enabled a married woman to hold her property free of the control of her husband ; but it has not altered the political status of the married woman. The hasbaud has, jure mariti, the right to vote in respect of her property. " It cannot be supposed that the statute by which the status of a married woman with regard to the power to hold property has been recognized and established, and which was passed adio intuitu, has, by a side "wind, given them political or municipal rights." Per Cockbum, C. J., in Jtegina v. HaiTald, L R. 7 Q. B. 363. " The Married Woman's Pro- perty Act was intended to protect a married woman in the enjoyment of the rights of property, and was not intended to extend in any way to the political rights of women ; and we must not, by a side wind, give an extension to its effect which we can clearly see was not intended." Per Hannen, J., Ibid. 364. " The old fashioned notion that women need legislative protection even against their husbands, is fast fading in the 88 MANUAL ON VOTERS* LISTS. estate for life (e) or any greater estate, either legal or light of so-called advanced modem legislation. It is not for the Coui*t8 to question the wisdom of this legislation. It ia rather for the Courts to interpret the laws, leaving to the Legislature the right to move forwarrla or backwards as the exigencies of society appear to them tu demancL" Per Harri- son, C. J., in Kerr v. Stripp, 40 Q. B. 134. («) " An estate for life." Ihe most ancient of estates is an estate for life. A grant of land to A. B., without any words of limitation, is the grant of an estate for life. A tenant either for his own life or for the life of another (pur autre vif), hath an estate of freehold and he that hath a less estate cannot have a freehold C Litt. s. 57. AH estates which may by possibility last for life although they may be determineil before the life expires, are freeholds. Co. Litt. 42. As an estate granted to a willow during widowhood though determinable on her marrying again. The following are estates for life : A grant to a man and woman during coverture. So long as the grantee dwells in such a house So long as he pays a certain sum. A tenancy by the curtesy. Ih'ul. 354. One in possession of a house by virtue of an office for life. 3 Burr. 1287. The hualtand of a coparcener may vote. BedfortUhire Election, {Sonthweirii Ctvie) 2 Luders 417. Prior to 1780 tlie practice was to exclude the votes of those who had married widows entitlerl to dower, but whose dower had not been assi^ed by metes and bounds. OUmceHtershire Election, Hey wood, 56. The 20 Geo. III., c 17, {1780) provided that when any woman, widow of a tenant in fee, and entitled to dower, married a second husband, such second husband should be entitled to vote in respect of such dower, although such dower had not been assigned by metes and bounds, provided he was in receipt of the profits of such dower, and that the estate from whence the same issued was rated and contributed to the land tax. Whether this statute, being one relating to " civil rights," is in force in Ontario nmler the Con- Btitutional Act, 32 Geo. III. c. 1, (R. S. O. c. 92), has not been judicially determined. One C. married a widow who was entitled to an estate tail in lands, but before marriage he covenanted with a trustee in a deed that he would not intermeddle with the rents and profits of the estate, but that they should remain to the separate use of the wife, and that the trustee should receive the rents for her use, and have the sole management of the estate, subject to her control, and that she might devise or dispose of it as she thought fit, and that he would join in all necessary acts to render effectual her disposition of it. The tenant paid the rent to the wife. It was argued that the beneficial freehold, not the mere legal estate, save the vote. The committee held the vote ba£ Bedjordshire Elfctiom, (Conqued'a Cote) 2 Ludera 422. And see Bennet v. DaotSf 2 i^ MANUAL ON VOTERS LISTS. «qmtable, ( f) except in the provisions of this Act re- lating to the qualification of farmers' sons to vote, 89 w P. WmB. 316 ; Darley v. Darley, 3 Atk. 399. Lands were con- veyed to the father and mother of A. for Ufe, with power of appointment. They jointly appointed to A. in fee. This was held to operate as a good appointment of the father for his own life, and so A. had a freehold and might vote. Oloucentershire Election^ Heywood 61. The reversioner of a freehold, if the estate is let for life, cannot vote at elections ; but he may vote if the letting is for a term. Chambers's Dictionary of Elections, C39 ; Heywood on Elections, 60. A father, by his will, be- ^ueathed his estate to trustees to pay out of the profits so much per week to his son J., and the reversion to his son T., on the death of J. : Held, that J. had a right to vote, but T. had not. Gloucestershire Election, Hey woml 64. (/) An equitable estate, but not an equitable right or in> terest, in lands, confers the right to vote. Elliott on Parliament' ary Electors, 6.3. Courts of Equity consider that which is (igreed to be done as actually performed. So where a person has agreed to sell and another nas agreed to purchase, certain premises, the vendee being put into possession of the estate by virtue of the agreement ; or becoming otherwise entitled to a specific performance of the contract ; or when the vendor becomes a trustee for the vendee to convey to him the estate, the vendee has such an equitable estate as gives him a right to vote. Seton v. Sladf,, 7 Ves. 274 ; OalUiway v. Ward, 1 Ves. 3l8 ; Rawlinris v. Burgess, 2 V. & B. 387. But conditions may be introduced by which the vendee will not acquire an equitable estate. Lsvy v. Linda, 3 Mer. 84 ; King v. King, 2 My. & K. 442 ; Wall v. Bright, 1 J. & W. 494 ; Adand v. Gaisford, 2 Mad. 28. The question in the cases affecting the right of vendor, or vendee, to vote, seems to be, — who is to have the rents and profits of the estate, by virtue of the affree- ment, until the legal conveyance is made ; or who must hear any loss which may happen, or be entitled to any benefit which may accrue, to the estate, between the agreement and the conveyance ? Rogers's Law of Elections, 33 ; Heywood on Elections, 111. If the vendee is in a position to compel a conveyance, in a Court of Equity ; if he has paid the purchase money, or a part of it, under an arrangement with regard to the remainder, and has been let into possession, which senerally speaking, amounts to an acceptance of the title, little doubt can exist of ms risht to vote. Rogers's Law of Elections, 34 If there be any doubt as to what a Court of Equity would do, the vendee should be treated as having an inchoate right merely, but not an equitable estate. Rex v. Geddington, 2 B. A C. 129. Or that he has no estate, but an equitable right 12 -m m '' 90 MANUAL ON VOTERS' LIST& where the pruprietor is a widow, and in such case the ■ I merely. Rex v. Llantillio Oroaseny, 5 B. & C. 462. A. ma closed by a fence put up by the voter. It was fixer p Oft. ^1^^ owner any jiortion of the produce of such proi>erty ; a lease of a certain term, as " tenant for veara." In this Act it is used in the popular sense of one holding the land of another, who is termed his landlord ; and for the use of which land the tenant pays rent in money or produce. The relation of landlord and tenant may be created uy assignment or lease. Where the alienor conveys the whole estate to an alitaee, leaving no reversion to himself, the conveyance amounts to an assignment. \Vhen he grants only a portion of an estate, reserving to himself a reversion, the conveyance is a lease. VVhcrc a lessee for years demises part of his projierty to another for the whole of his term, the demise is called an assignment />ro /anto. \Vhen he disposes of his term, reserving a reversion of even one day, the transfer is, with reference to the original lease, an underlease. Crusoe due devi. Bleiicotoe V. Bugby, 3 Wils. 234. s. c, 2 W. Bl. 766. A, the former tenant of a house, died intestate, leaving a widow and infant children in possession. No administration was taken out to his estate. B married the widow, and went into possession of the house ; paid all rent and taxes, and maintained the children of the in- testate : Held, that B was entitled to vote. McLouyhlin'tt Ccuet Alcock's Reg. Cas. 249. Where a party entered into posses- sion of a lot which had no house or building, and sowed a crop there, upon a verbal understanding that he was to have the product, but no special time was mentioned : Held, that a sufficient tenancy was created. Mulhem v. Fortune, 8 C. P. 434. P., owning land, agreed with M. & B. that he would furnish a team of horses, the farming implements and seed for a certain lot ; they agreed to do the work in a proper manner and in the proper season, as P. should direct, harvest the grain, pay for tneir share of threshing, and keep up fences, etc. M. & D. for the first year had one-third, and in the second year one-half of the crops : Held not a letting of the land on shares, giving to M. & B. a term of possession, but a contract for remuneration for their care and labour in growing the crops as P. should direct. Park v. Humphrey, 14 C. P. 209. A. owned a farm, and acreed with B. to work it on shares, each supplying the seed and labour and to have one- half of the profits, B. to pay $60 for implements and $160 a year, but he was not placed in possession of any distinct portion of the farm, owing to the shape of the farm, the parties being equally in possession of the whole : Held that B. was an occupant with iL, and not his tenant. Oherlin v. McOreyor, 26 C. P. 460. Where the voter and his son leased certain pro- perty, and the le&r.e was drawn in the son's name alone, and when the crops were reaped the son claimed they belonged to him solely, the voter owning other property, but being assessed MAVUAL ON voters' LISTS. 95 (4) "Farm" shall mean land actually occupied by *' '"«»»"^ the owner thorof, and not Is in quantity than twenty lo aoiw. acres; for this only : Ileld, vote uad. Storm o)it Election (HiU« Ca»t)t 7 C. L. J. N. S. 213. Where :^ a,y as occupier of the house : Held, not entitled to vote. Fox y. Dathy, L. R. 10 C. P., 285. But when without any obligation to reside in a particular dwelling, an officer or servant chooses to occupy a house which is pro- vided for him, the circumstance that he receives less salary or wages in consideration of the benefits he derives from occupying a house, cons'enient for the discharge of his duty, or service, or that he would have an allowance for rent or lodging money, if he did not occupy it, will not prevent him from occupying as tenant, and having a right to vote. Hw/hes V. Overseers of Chatham, 5 M. & Gr. 54. " There is no inconsistency in the relation of master and servant and that of landlord and tenant. A master may pay his servant by conferring on him an interest in real estate, either in fee, for years, at will, or for any any other estate or interest, and if ho do so the servant then becomes entitled to the legal incidents of the estate as much as if it were purchased for any other consideration. But it may be that a servant may occupy a tenement of his master's, not by way of payment of his ser- vices, but for the purpose of performing them, required to occupy in the performance of his contract to serve his master. Per Tiudal, C. J.. Ibid. When a voter, after becoming insol- vent, continued in the undisturbed occupation of the premises MANUAL ON VOTERS LISTS. 97 (G) " Father " shall include step-father ; " Father." (7) "Election " shall mean an .lection of a member «• EieeUon.'» to serve in the Legislative Assembly ; (8) " To vote" shall mean to vote at the election ofu xoTote." a member of the Legislative Assembly ; (9) " Electoral District " shall mean any County, or „ Electoral other place or portion of this Province, entitled to re- District." turn a member to the Legislative Assembly ; (10) " Votera' List " shall mean the copy of the "Voters' voters' list furnished in accordance with section fifty- ^'***" six of this Act ; (11) "Corrupt practices," cr "Con*upt piuctice," shall mean bribery, treating and undue influence, or any of such ofiencea, as defined by this or any Act of the Legislature, or recognized by the Common Law of the Parliament of England ; also any violation of the one hundred and fifty-first, one hundred and fifty-fourth, or one hundred and fifty-sixth, sections of this Act, and any violation of the one hundred and fifty-seventh section of this Act, during the hours appointed for poll- ing, (l) 32 V. c. 21, ss. 6 & 81 ; 36 V. c. 2, s. 1 ; 37 V. c. 5, s. 39 (8) ; 40 V. c. 9, s. 1. QUALIFICATION OF MEMBERS. 3 No qualification in real estate shall be required No Pi^PM^iy of any caiididate for a seat in the Legislative As-fo^membe^. sembly. (m) 33 V. c. 4, s. 2* of which he was tenant : Held that he was entitled to vote. Dublii Lt^ction {HylaiuTs Case), FaL & Fitz., 158. Taunton Election, (Cockram's Case), Ibid, 315. Murray^ a Case, Alcock's Reg. Cas. 251. (I) See note (e), page 56. (m) The propcrtv qualification required of members of Par- pament was alMlished in England in 1858, (21 and 22 Vic. 26) jn Ontario in 1869, (.33 Vic. c. 4, s. 2), and in Canada in 1874, (37 Vic. c. 9, s. 20). 13 " Corrupt practices." h) Bribery. (2) Treating. (3) Undue influence. (4) Enter- tainment to voters. (5) Hiring vehicles. (6) Persona- tion. (7) Selling liquor. P-5P MANUAL ON VOTERS LISTS. QUALiriCATION OF VOTERS. WJio sIuUl not vote. ■11 I : CI Persona dis- qualified from voting. (1) Jndges. (2) Customs' officers. (3) Clerlis of Peace. (4) County Attorneys. (5) Regis- trars. (6) ShetifTs and deputies. 7) Deputy llerlts of the Crown. (8) Crown Land agents. (0) Post- masters in Cities and Towns. (10) Sicise officers. Penalty ; $2,000, vote nail. Certain offi- cers and per- sons not to Tote. (1) Retnni- Ing officers. (2) Election Clerk. (3) Persons employed about elec- tion, and to he paid for scrrices. 4. The Chief Justice and the Justices of the Court of Appeal, the Chancellor and Vice-Chancellors of On- tario, the Chief Justices and Judges of the Courts of Queen's Bench and Common Pleas in Ontario, all County Judges, all Officers of the Customs of the Do- minion of Canada, all Clerks of the Peace, County At- torneys, Registrars, Sheri&, Deputy Sheriffs, Deputy Clerks of the Cvowu, and Agents for the sale of Crown Lands, all Postmasters in Cities and Towns, and all Officers employed in the collection of any duties pay- able to Her Majesty in the nature of duties of excise, shall be disqualified and incompetent to vote at any election ; and if any public officer or person mentioned in this section, votes at any such election, he shall there- by forfeit the sum of two thousand dollars, and his vote at such election si all be null and void, (n) 32 V. c. 21, 8. 2 ; 39 V. c. 10, a 48. 5 No Returning Officer or Election Clerk, and no person who, at any time, either duiing the election or in reference thereto, or for the purpose of forwarding the same, by any candidate or by any person whomso- ever, as counsel, agent, attorney, or clerk, at all polling place at any such election, or in any other capacity whatever, and who has received or expects to receive either before, during or after the said election, from any candidate, or from any person whatsoever, for acting in any such capacity as aforesaid, any sum of money, fee, office, place of employment, or any promise, pledge or security, whatever therefor, shall be entitled to vote at any election, (o) 32 V. c. 21, s. 3 ; 38 V. c. 3, s. 27. (n) See notes (in), page 7, and (t) page 63. (o) This is substantially the same aa s. 1 of the English Act, 7 & 8 Geo. IV. c. 37, which disqnaliiied persons employed "as counsel, agent, attorney, poll-clerk, flagman, or in any other capacity. " The general words of that section ] MANUAL ON VOTERS LISTS. 99 2. The preceding provision shall not apply to Deputy- g^^^tog Returning Officers and Poll Clerks, appointed under offloen and this Act and receiving, as such, the fees to which such^^^ officei's are entitled under this Act. (p) 38 V. c. 3, s. 27. gave Hue to a great variety of decisions ; and in 1S67 the »)llowing clause was substituted : — No elector who shall have been retained, hired, or employed, for all or any of the pur- poses of the election, for reward, by or on behalf of any can- didate at such election, as agent, canvasser, clerk, messenger, or in otJier like employment, shall be entitled to vote at such election. (30 & 31 Vic. c. 102, s. 11). Under the fu-st Act the following were disqualified : — A solicitor who was a paid agent. New Wimlsor, (Barton's Case) K. & Omb. 180. A town clerk who read the proclamation, and sat in the polling booth with the mayor, during the election, and received pay- ment therefor. Ih'ul. {Seeker's Case) 185. An elec... em- ployed as a special messenger during the election, although it appeared that such was his ordinary calling. Evesham Election^ {George's Case) Fal. & Fitz. 527. A check clerk employed and paid by one candidate, vote struck off the poll, including that of the other candidate by whom he had not been employed. Bed- ford Election, (Wilcox's Ccwc) P. & K. 136, s. c, C. & R. 94. See further, Worcester Election, K. & Omb. 246. The votes of the following were allowed : — An elector who was employed to erect the hustings, and whose bill was afterwards paid. Ipswich Election, (Paye's Case) K. & Omb. 387. An elector who led the band and was paid Monmouth Election, (Part' ridge's Case) Ibid. 421. An elector who was a regular con- stable of the borough, and for whose services a sum of money was included in the town clerk's account to be paid to him. New Windsor Election, (Lovegrove's Case) K. & Omb. 183. So the town sergeants'of the corporation, paid out of the rates for their services at the election. Ipswich Election, (Cook's Case) K. & Omb. 384. But two of them who acted as door-keepers of a candidate's committee room were disallowed. Ibid. The following are cases under the later Act : Printers who also acted as messengers : Held, not disqualified. Northallerton Election, 1 O. & H. 170. The employment of sons of voters as messen- l^rs, when their wages were paid to their fathers, were held to invalidate the votes of their fathers. Southampton Election, 1 O. & H. 223. So payments to a voter to remunerate him for expenses incurred.in employing assistants for his own business, while he was engaged m election matters. Ibid. 224. But employing a voter who was a cabman, which was his ordinary occupation, does not disqualify. Ibid. Employment of voters to keep order at the doors of the polling stations ; invalidates their votes. Gloucester Election, 2 0. & H. 62. (p) These officers may vote at the polling sub-division 100 Ko woman to TOtr. Who may Tote at elec> tions. MANUAL ON VOTERS* LISTS. 6. No woman shall be entitled to vote at any elec- tion, (q) 32 V. c. 21, s. 4. Who may Vote. 7. The following persons, and no othei-s, being of the full age of twenty -one years, (r)and subjects of Her Majesty by birth or naturalization, (*) and not being dis- qualified under the preceding sections, or otherwise by where they are officially employed, on the production of certifi. cates of their qualification from the returning officer. Ss. 87,88. (q) See notes (o), page 66, and {d) page 87. (r) See note (i), page 5. («) By a resolution of the House of Commons adopted on the 22nd December, 1691, it was resolved that no alien not being denizen, or naturalized, hath any right to vote in elec- tions of members of Parliament. Westviinster Election, 12 Com. Jour. 367. An alien is one born out of the dominions or allegiance of the crown. Calviri's case, 7 Rep. 1. But this must be understood with some restrictions, for by 7th Anne, c. 5, 4 Geo. II., c. 4, and 13 Geo. III., c. 21, all children bom out of the King's legiance, wliose fathers, or grandfathers by the father's side, were natural bom subjects, are now deemed natural bom subjects themselves. Heywood on Elections, 156, 1 Stephens' Law of Elections, 367 ; Elliott on Parliamentary Electors, 264. The Common law excludes an alien from voting at elections not merely because he cannot hold the requisite quaUtication in law, but because he labours under a personal incapacity ; he cannot be elected or appointed to any public )ffice whatever, nor can he vote. An aUeu-bom who has obtain- ed ex donatione I'eyis, letters patent to make him a British subject, is termed a denizen, whereby he becomes a subject in regard to his person, but he cannot inherit. He may vote, when qualified in other respects, at the election of members to serve in ParUa- ment. 12 Com. Jour. 367. S. was objected to as an aUen. The evidence in sxipport of the objection was that of a witness who proved that he had obtained letters of denizati^a for the voter : Held, vote good. Middlesex Election {Solomon's case), 2 Peck. 117. In practice, great difficulty is found in procuring evidence to prove an individual an aUen. Elliott on Parlia- inentary Electors, 265. "We must presume the resident and assessed inhabitants in this country to be British subjects till something is shewn to the contrary, from which the Court can determine they are aliens. It is not sufficient to swear that certain voters are aliens without giving particular evidence to show that they loere aliens, and now they were aUens, as by having been bom in a certain place nanicd out of the allegiance MANUAL OX VOTERS LISTS. 101 law prevented from votin», shall, if duly entered on Sat^ecta of of the British Crown.." Per Robinson, C. J,, Beg. ex rel. CaiToll V. Beckwith, 1 Pr. R, 284. The Chief Clerk of the Alien Office produced the declaration of alienage under the Alien Act, 33 Geo. III. c. 4, made by the voter, and a memo- randum of the license granted him under the statute : Heldf vote bad. Middlesex Election (Barhre'« cane), 2 Peck. 118. The brother of the voter proved that he was a native of Bor- deaux, and ten years older than the voter ; that the voter was born there ; that his father's family were there ; that the voter came to England 12 years before and had not, to the knowledge of the witness, been naturalized or received letters of denization : Held, Evidence not siifiicient to establish alienage against the voter. Readituj Election (Barthe's case), Fal. & Fitz. 553. The evidence produced to prove alienage was that of a brother of the voter, and of another witness who had known him in Germany and afterwards in England. It was contended that there was no proof that the parents were not British subjects : Held, vote good. Bedford Election {Levi's case), P. & K. 147. The voter testified that he was born in France, but that he had voted at the election in question. No other evidence was adduced : Held, that as voting without naturalization, was a criminal neglect or fraud, and constituted a misdemeanor, the legal presump- tion was that having voted he was naturalized. People v. Pease {RivinoVs case), 30 Barb. 588, in appeal, 27 N. Y. 45. The presumption of innocence, where one who is alien bom has voted at an election, will prevail over the counter pre- sumption that he is still an alien. Brightly on Elections, 413. Spnujins v. Homj/iton, 3 111., 377. " If every naturalized citizen must always be prepared with his proofs to maintain the grounds upon which he obtained his papers in all Courts, and places in which they may be brought in question, the boon of citizenship, which is so liberally bestowed, Avould be hardly worth possessing." The Acorn, 2 Abbott U. S. Rep., 43i. See alsp Southampton Election, 22 Com. Jour., 445 ; Yorkshire Election, Ihll, 696 ; Oxfordshire Election, 27 Cora. Jour. 177. Children of aliens born within the dominions of the King, are natural-born subjects ; Calrin's case, 7 Rep. 18. Children born in a country of which their parents are not citizens, and while their parents are temporarily sojourning there, or in itinere, are natural born citizens of that country, and may thereby become entitled to a double nationality. Lynch v. Clarke. 1 Sand. Ch. 583. Whether the foreign parents were in England, in itinere, or for occasional business their children born during their stay, were natural bom sub- jects. Per Sandford, V. C, Ibkl. A child born here (United States), of on English father is a citizen here and may inherit 102 MANUAL ON VOTERS LISTS. the list of voters proper to be used at the election then here as well as in England ; which would be a case of that doable allegiance which is eifected by the rule of common law, and is not a novelty, nor peculiar to that law. JbUl. A child of Canadian parents, born in the United States, daring his mother's temporary sojourn there, is a citizen of the United States. JUunro v. Mer hant, 26 Barb. 383. The English statutes respecting alie s and naturalization may be classed as follows : (1) ChiUtren of natural horn mthjeet* bom out of the allef/iance of the Crown. \a) 25 Edw. III. st. 2. "That all children inheritors which from henceforth shall be bom without the legiance of the King, whose fathers and mothers at the time of their birth be and shall be at the faith and legiance of the King of England, shall have and enjoy the same benefits and advantages to have and bear the inheritance within the same legiance as the other inheritors aforesaid in time to come, so always that the mothers of such children do pass the sea by the license and wills of their hus- bands." (See also 42 ¥Aw III. c. 10). (b) 7 Anne, c. 5 :— "That the children of all natural bom subjects, bom out of the legiance of Her Majesty, her heirs and successors, shall be deemed, adjudged and taken to be natural born subjects of this Kingdom to all intents considerations and purposes what- soever." (See also 4 Geo. II. c. 21). If any of the King's ambassadors in foreign nations have ch'Mren there of their wives, being Englishwomen, by th-^- Siiurn law of England, the children are natural bom sub;*- . , • .? i yet they are bom out of the King's dominions. Ca'..' .. , c- «'•, 7 Rep. 18. Cro. Car. 601. And such were inheiifcr, i^lr- jfore the statute, but the statute makes it clear. 2 \'in. L . 2'S5. Such children must be legitimate. Shedden v. Patrick, 1 Macq. H. Lds. 535. The son of an Irish peer, although bom in France, of a French mother, is a natural born subject. Lord Trimelston's Cojie, Lila. Jour. 1832. And a son so born may be elected to Parliament. Dundalk Election, 1 P. R. & D. 92. A person bom in New York in 1830, the son of a British subject, who had emigrated from Ireland a short time previously, and who came to Canada a year or two after his birth, hela to be a British subject. Reg. ex rel. Mc Vean v. Orahain, 7 U. C. L. J. 125. A natural bom subject does not lose his rights by residing in a foreign country or by holding office there, and his son being within 4th Geo. II. c. 21, is a British subject. Doe item. Hay v. Hunt, 11 U. C. R. 367. A natural born subject continoing to reside in the United States after the Treaty of 1783 : Held^ he thereby lost his status as a British subject, and he and his children became aliens. Doe dem. Thonias v. Acklam, 2 B. & C. 779. Doe dem. Patterson v. Davis, 5 O. S. 494. But where the children of such a person came to Canada in 1792 and 1794 and took the oath of allegiance, the disability was removed by i MANUAL ON VOTERS* LISTS. 103 pending, according to the provisions of " TJie U. C Act 9 Geo. IV. c. 21. Montgomery v. Graham, 31 Q. B. 57. When a voter was bom in the U. S., his father and grandfather being U. E. Loyalists, he was held to be a British subject. Stonnont Election (Place's Case), 7 C. L. J. N. S. 213. (2) Qramlchildren of natural born suhjecta bom out of tJie allegiance of the Crown, (a) 13 Greo. III. c. 22. " That aO. persons born or who hereafter shall be bom out of the leg'ance of the Crown of England, or of Great Britain, whose fatuers were, or shall be. by virtue of the statute (7 Anne, c. 5, und 4 Geo. II. c. 21), entitled to all the rights and privileges of natural born subjects of the Crown of England or of Great Britain, shall and may be adjudged and taken to be and are hereby declared and enacted to be natural bom subjects of the Crown of Great Britain to all intents constructions and pur- poses whatsoever as if he and they had been or were born in the Kingdom." An Englishman (A), who went to the United States after the Treaty of 1783, and became a citizen of, and had taken the oath of allegiance to, the United States, thereby abjuring his allegiance to the Crown of Great Britain, who held office and voted there, married an American woman, and had a son (B), bom there, who resided there until his death in 1835 and who left a son (C, grandson of A), also bom in the United States : He.ld, that the grandson was by virtue of the 13 Geo. III. c. 21, a British subject. Filch v Weber, 6 Hare, 57, s. c. 12 Jur. 76. Barrow v. Wadkin, 24, Beav. 327 ; ap- proved in. Sharpe v. De St. Saumur, L. R. 7 Ch. 343. The privileges conferred by the statutes in question upon the children and grandchildren of the British born subjects, are the privileges of such children and grandchildren, and not of the parent, conferred upon them for the benefit of the State itself. Per Wigram, V. C. 12 Jur. 76. And such grandson may vote at elections. Lincoln Election, Andrew's case, 2 App. R. A natural born subject may be a citizen of the United States for the purposes of commerce. Wilson v. Marryatt, 8 T. R 31. (3) Foreign Protestants settling in British America, (a) 13 Geo. II. c. 7. Foreign Protestants residing for seven years in any of His Majesty^ Colonies in America and not absent for more than two mouths at one time during such seven years, and who take and subscribe the oaths, and declarations required by the 1 Geo. I., shall be deemed natural bom subjects. (See also 20 Geo. II. c. 44). (6) 2 Geo. III. c. 25. Foreign Protestants who shall serve in the Royal American Regiment, or as Engi- neers, in America for two years, and who snail take and suo- scribe the oaths and declarations required by 1 Geo. I. shall be deemed natural bom subjects. W. applied to have his name entered on the register of voters. He admitted he was a German by birth, but that he had become a British subject by service in the British Army in Egypt and the Peninsula, 'In P5»" 104 MANUAL ON VOTERS* LISTS. Lists Act," or of this Act, be entitled to vote at elec- and in England, and by his holding a pension from the British Government : Held, that not having served in a military capacity in British America, he was not entitled to be entered as a voter. Weberstadt's Case, 1 Stephjns on Elections, 368 ; even though he had taken the oath of allegiance on entering the army. Christensen's Case. 11- d. 370. (4) Foreign sea- men sei'vinq on British ships. The statutes regulating natural- ization under this provision, are 6 Aime, c. 37 ; 13 Geo. II. c. 3 ; 22 Geo. II. c. 45 ; 20 Geo. III. c. 20. An alien who has served on board an English man of war, for four years, m time of war : Held, to be a natural bom subject under 13 Geo. II. c. 3. /h r^^G^tmwrf, 32Beav. 385. The Canadian statutes re- lating to aliens are as follows : (1) 9 Geo. IV. c. 21 (1828). (a) All persons who have received grants of Land or held office under the great or privy seal or sign manual of the Governor ; and all persons who have taken the oath of allegiance ; and »11 persons who were domiciled in Upper Canada before 1820, and the children of such persons, provided they take the oath of allegiance ; and {h) All persons domiciled in Upper Canada on the 1st March, 1828 and residing seven years therein (with certain exceptions as to minors) who take and siibscri1>e the oath of allegiance before the Registrar of the County, shall be deemed to be natural bom subjects. (2) 4 & 5 Vic. c. 7, (1841). (a) All aliens domiciled on the 10th February, 1841, and resident seven years before or from that date (temporary absence without a renewal of foreign allegiance not to inter- fere), on taking the oath of allegiance, and making the decla- ration required by the Act, within twelve months after be- coming entitled ; and alien minors within twelve months after attainnig sixteen years of age, taking such oath, to be deemed natural bom subjects. (3) U Vic. c. 107 (1842). Aliens domiciled five years, presenting a memorial to the Governor, and taking and subscribing the oath of allegiance, may obtain from the Governor certificates of naturalization, granting them the rights and capacities of British subjects. (4) 12 Vic. c. 197, (1849). (a) Aliens domiciled before 10th February, 1841, and still domiciled (23rd November, 1849), and their children, provided they take the oath of allegiance, (h) Aliens domi- ciled on the 10th February, 1848, not included in the above, and resident seven years before or from that date, here or else- where in Her Mr^jesty's dominions, provided they take the oath of allegiance, (c) Aliens domiciled on the 23rd Novem- ber, 1849, or who siiall thereafter come to Canada, and shall reside continuously for seven years therein, provided they take and subscribe the oaths of allegiance and residence pre- scribed by the Act, and cause them, and a certificate of resi- dence to be obtained from the Justice of the Peace, to be filed MANUAL ON VOTERS LISTS. 105 tions of members to serve in the Legislative of record in the Court of Quarter Sessions, and have the said ce'Ttificate read in open Court on the first day thereof, and if, on the last day, the facts are not controverted, the Court ahxdl direct the certificates to be filed of record, and thereupon such aliens shall be admitted and confirmed in the rights and Srivileges of British birth ; and the Court may grant a certi- cates of naturalization. The period of seven years was after- wards altered to five (18 Vic. c. 6), and three (22 Vic. c. 1). See C. S. C. c. 8. (5) 12 Vic. c. 27, (1849) ; C. S. C. c. 6, s. 56. Aliens who would, upon taking the oath of allegiance, become entitled to the privileges of British birth without further resi- dence or other formality, may take such oath before any Deputy Returning Officer at an election, and the oath so taken shall confer the civil and political rights of a British subject, (6) 31 Vic. c. 66, Can., (1868). Aliens domiciled on the 22nd May, 1868, or who shall thereafter come to Canada, and shall reside continuously therein for three years, and take and subscribe the oaths of allegiance and residence, and who take similar proceedings, before the Court of Quarter Ses- sions to those mentioned in (4) (c) shall thereby become British subjects. (7) 34 Vic. c. 22 Can. (1871). (a) Aliens who, prior to the Ist January, 1868, had taken the oaths of allegiance and residence required by the Naturalization fiaws, are admitted to the privileges of natural born subjects. The evidence shall be the certificate of the Justice before whom the oaths were taken, or the oath of the party in the form prescribed. (6) Aliens domiciled on the Ist July, 1867, and still residents, who take and subscri1>e the oath of allegiance and residence as provided in the Act, she entitled to the privileges of British birth. The oaths so taken are to be filed with the Clerk of the Peace, who shall file the same, and issue to the party a certificate of naturalization. The judgment of the Court that au alien has been admitted to citizenship is con- clusive. Stark v. Chesapeake Insurance Company, 7 Cranch. U. S. 420. The act of the Court admitting a citizen is a judg- ment of that Court, and the Supreme Court of the United States cannot look behind it, .and enquire on what testimony it was pronouned. Spratt v. SpraU, 4 Peters U. S. 393. See also the observations of Marshall, C. J., as to an individual being exposed to the disabilities of alienage on account of some error in the Court, not apparent on the record of his admission. Ibid. The production of the certificate of naturalization is sufficient proof of naturalization, without showing compliance with all the requisites of the law. The judgment of a Court admitting an alien, is final and conclusive. Ritchie v. Putnam, 13 WenX 524, Peopf^, v. Pea^e, 30 Barb. 604. Banks v. Walker, 3 Barb. Ch. 43d Campbell v. Gordon, 6 Cranch. U. S. 176. The English Naturalization Act of 1870 (33 Vic. c. 14), has varied in many important particulars the common law doctrines respecting allegiaiice. 14 106 MANUAL ON VOTERS LISTS. Assembly of this Province, (t) that is to say: — Firstly. Every male fierson entered on the revised assessment roll, upon which the voters' list to be used at the election is based, for any City, Town, Incorpo- rated Village or Township, for real property of the value hereinafter mentioned, and being, at the time of the election, either the actual bona Jide owner, tenant or occupant of such real property, or, in case he has ceased to be such owner, tenant or occupant, (u) a resident of the Electoral District, {v) See 32 V. c. 21, s. 5 (1) and Form 0. Value of real 2. Such i)erson must (subject to the provisions here- «!!S^«J!^ inafter contained) have been rated on such assessment roll as the owner, tenant or occupant of real property of the actual value of not less than the following : — Real pro- perty quali- flcatioD. Bona fide owner, tenant, or oceupuit. Cities. 9400. Towns, 1300. Villi and Town Me ifo ahipr, 9200. In Cities, four hundred dollars ; In Towns, three hundred dollars ; In Incorporated Villages, two hundred dollars ; In Townships, two hundred dollars. See 32 V. c 21, 8. 5 (1). ' ')• The mode of definition or enumeration adopted in this clause is that of a positive enactment which seems to prescribe three conditions as requisite to the existence of the franchise ; firstly f that the voter shall be interested in real property, as owner, tenant, or occupant ; secondly, that this property shall be of a given value at least ; and thirdly, that he shall be en- tered on the proper assessment roll as the owner, tenant, or occupant of such real property. The repetition of the words, " shall be entitled to vote at elections of members of the Legis- lative Assembly," may afford room for the argument that the franchise is conferred as a substantive and potential right, in- dependent of the voters' list. Per Moss, C. J. A., Lincoln Election, 2 App. B. (u) " Ceased to be such owner," &,c. The date of the loss of ownership is not mentioned in this section, but may be ascertained by reference to the oath required of A'oters on real property ; from which it may be inferred to be " after the date of the final revision of the Assessment 11611." (v) The residence within the Electoral District after the loss of the ownership of the assessed property must be a continuous residence. See notes {q) page 11 (x) post. !.:aNUAL on votes' LISTS. lor 3. When any real property is owned or occupied ?/>••>* ^^""p ..,,,. •' *» ■' , . ,. .,i If rated •uffl- jointly by two or more peraons, {w) and is rated at an dent to amount sufficient, if equally divided between them, to 2i!3i*m«y"' give a qualification to each, then each of them shall be vote, deemed i-ated within this Act ; otherwise none of them shall be deemed so rated. 31 Y. c. 21, s. 5 (2). Secondly. Subject to the provisions hereinafter con- income J. • 1 1 t • • 1 • i. Ai J. • franchise, tained, eveiy male person who is residmg at the time of the election in the local Municipality in which he tendei's his vote, and has resided therein continuously («) {tif). This is similar to s. 27 of the English Act, 30 & 31 Vic. c. 102 ; but that clause also provides that not more than tM'o such persons, being joint occupiers, shall be entitled to vote, unless they shall have derived title by descent, succes- sion, marriage or devise, or are partners in biisiness. See Jtofjers V. Harvey, 28 L. J. C. P. 17. Joint tenants and tenants in common of freehold estates, and for freehold in- terests, have a right to vote, for the former are seized indi- vidually, j)^r viy et per tout ; the latter have each a separate interest in their respective shares, and this, notwithstanding 7 and 8 William 111., c. 25, s. 7 (Splitting Act), which provides that no more than one single voice shall be admitted to vote for the same house or tenement. Hey wood on Elections, 44. (x) The residence must be an actual occupation {animo residendi), by himself or his family. WUhorn v. Town Clerk of Tewkexlniry, 7 M. & Gr. 1, Where a man had a residence in one place where his wife and family resided, but he slept there once or tv/ice a week ; the rest of his time he spent in rooms found for him by his employers, and with an invalid of whom he had charge : Held, that his residence was where his family resided. Taylor \. Overseers of St. Mary Ahbot€s, L. R. 6 0. P. 309. But see Bond v. Overseers of St. Geor.je, Ibid. 312. Absence on duty with the Militia, which is a compulsory legal absence, but temporary, is not a disqualification within the statute which re(]^uires voters to be resident for six months prior to the election. Hex v. Mitchell, 8 East. 511. But an officer of the regular army who is subject to the will and pleasure of the Queen, as to residence, is not sui juris and can- not therefore have an animo residendi. Ford v. Hart, L. R. 9 C. P. 273. Where a person was sentenced to six months' im- prisonment for an assault, and while in the county gaol, had his business carried on by his servant on his behalf, in the town in which he had previously lived, (not the town of the gaol). Held, that as the voter, by his own criminal act, had debarred ^llil 108 MANUAL ON VOTERS' LISTS. Continuous since the completion (y) of the last revised assessment roll of the Municipality, and derives an income from some Income. oTer trade, calling, office or profession (z) of not less than four hundred dollars annually, and has been assessed for such income in and by the assessment roll of the Mun- icipality, upon which the votere' list used at the elec- tion, is based, (a) 37 V. c. 3, s. 1. 1400. Aii«« . , „ i.i .i-ii •/. voUfM man that oi a year preceding the year in which the writ ot have paid election beara date, the right of voting at an electiun yw*J^|^. in re8|)ect of income shall belong to those on ly on the 'mc •lection, said list who had paid the municipal tax on such income befora col- for such preceding year, on or betbre the thirty-first day 'e«*o''« «>"• of December next before the election. (6) 3U V. c. 10, s. 5. 3. In case the votei-s* list to be used at an election is ^'tei'^^i!** that of the year in which the writ of election bears lector's roll, date, and the Collector's roll for the same year has been be paid one in the CoUectoi's hands for at least one month before ™o°J|*j^P'*®'^ the date of the writ of election, the right of voting in respect of income shall belong to those only who had, before the date of the writ, paid the municipal tax on such income for the said year. 39 V. c. 10, s. G. Third')/. Every farmer's son who is resident at the ^'™*"' time of the election in the Electoral District in which he tenders his vote and has resided therein, on the fanii fornf twelve of his father or mother for twelve months next jniorjnonthj^ to the return by the Aston-under-Lyne, L. R. 8 C. P., 281. Webster v. Lane, Ibid., 306. A permanent unbroken dwelling in a par- ticular place, is not required to constitute residence ; ab- sence, no matter how long continued, if there be a 2^otoer of returning, and an intention to return, will not prevent a con- structive legal residence ; but if a person has relinquished the dominion over his house for any period, however short, or has abandoned the intention to return to it, it cannot be said that such person has even a constructive residence. Re^ v. Sergeant, 5 T. R. 466. Re.v v. Duke of Richmond, 6 T. R. 660. Reginav. Brighthebnstone, 24 L. J. Q. B., 65. Generally speaking a man cannot have more than one domicile,but he may have more than one residence. Somerville v. Somerville, 5 Ves. 789, 1 Peck. 316 n. Northallerton Election {MarsJiaWa Cade)t 1 O. & H. 171. (/) An Indian who is a British subject, and otherwise qual- ified as to property, has an equal right with any other British subject to hold the office of Reeve of a municipality, even though not enfranchised, and though receiving, as an Indian, a portion of the annual payments from the common property of his tribe. Regina ex rel. Gibb v. White, 5 Pr. R. 315. See Also Doe deni. Sfieldon v. Ramsay, 9 U. C. R. 105 ; Regina v. Baby, 12 U. C. R. 346 ; Totten v. Watson, 15 U. C. R. 392. An agreement with an Indian, to work the farm belonging to such Indian, on shares, — which would give the party so work* ing on shares, a right to vote, as an occupant : Held, illegal, and such party was properly found guilty of a misdemeanor, Regina v. Hagar, 7 C. P. 380. I ■p 112 MANUAL ON VOTERS LISTS. Voters where no assess- ment rolls in North Vic- toria, East Peterboro', North Has- tings, North Renfrew, South Ren- frew, Mns- kolca and Parry Sound, and Algoma, to be m of age, (2) sutgects, !3) owner8,or 4) rerident householders Fiftldy. In such of the Municipalities, Townships, and places in the Electoral Districts mentioned in the seventy-eighth section of this Act, as have no assess- ment roll, and in all parts of the Electoral District of Algoma, {g) every male person of the full age of twenty- one years, being a subject of Her Majesty by birth or naturalization, and not otherwise disqualified, who i» at the time of the election actually and bona fide the owner of real estate, in the Electoral District for which he claims to vote, of the value of two hundred dollars or upwards, (A) or who is. at the time of the election, a resident householder of such place, and has been suck owner or householder for the six months next preceding the election. 38 V. c. 3, s. 23. ((/). In the places here provided for, the person claiming tO' be entitled to vote, is to declare his name, place of resiply to the Judge in respect thereof, in pursuance to the statute in that behalf. Dated the day of 18 . Angus Bell, Residence— Township of York. FORM 5. {Section 8, Sub-sec. 3.) Notice and Application by Voteii to whom person assessed uas tkansferked property. To the Clerk of the Municipality of the Town of I, Luke Doran, a person entitled to be a voter in the said Municipality, complani that the name of Peter Short is wrongly inserted in tlie Voters' List for the said Municipality, he havmc before the final revision and correction of the Assessment RoU transferred to me the property in respect to which his name is entered on the said List (or "parted with the property in respect to ■which his name is entered on the Voters' List, and that I am in possession of the same ") : And take notice, that I intend to apply to the Judge to have my name entered on the said List, instead of the said Peter Shoi t, pursuant to the provisions of the statute in that behalf. Dated the day of 18 . Luke Doran, FORM 5a. {Section 8, Suh-sec. 4.) Notice and Application by a person under the age of twenty-one years. To the Clerk of the Municipality of the of I, F. M., hereby apply to have my name entered on the Voters' List {or Assessment Roll and Voters' List, as the case may be), for the Municipality of on the ground that I will be of the full age of twenty-one years, on the day of 18 , being within sixty days from the date of the final revision and correction of the Assessment Roll, in respect of the following real property {describing it), {or in respect of my ' 124 MANUAL ON VOTERS LISTS. incrme of $ , as the case may be), pursuant to sub-section 4 of section 8 of the Voters' List Act. Dated this day of 18 (Signed by the applicant.) FORM 56. (Section 8, sub-sec 5.) Notice and Application op a Farmer's Son. To the Clerk of the Municipality of the of I, F. A., hereby apply to have my name entered on the Voters' List, {or Voters List and Assessment Roll, as the case may be, for the Municipality of , on the ground that I am a farmer's son entitled to be assessed under the Assessment Act, in respect of the following real property {describiriff it), pursuant to sub-sec. 5 of section 4 of the Voters' List Act, and s. 9 of the Voters' Lists Finality Act. Dated the day of ,18 (Signed by applicant.) FORM 6. {Section 9.) Voter's Notice of Complaint. To the Clerk of the Municipality of the Town of I, James Smith, a voter {or "person entitled to be a voter") for the Electoral District of , in which the said Muni- cipality is situated, complain {state the names of the persons in respect to lohom complaint is made, and the ground of complaint touching each person respectively — or set forth in lists as fol- lows, varying according to circumstances), that the several persons whose names are set forth in the subjoined list No. 1 are entitled to be voters in the said Municipality, as shewn in said list, but are wrongfully omitted from the Voters' List : That the several persons whose names are mentioned in the first column of the subjoined list No. 2 are wrongfully stated in the said Voters' List, as shewn in said list No. 2 : That the several persons whose names are set forth in the first column of the subjoined list No. 3 are wrongfully inserted in the said Voters' List, as shown in list No. 3 : And that there are errors in the description of the property in respect to which the names respectively are entered on the Voters' List {or stating other errois), as shown in the subjoined list No. 4 : And take notice, that I intend to apply to the Judge in respect thereof, pursuant to the statute in that behalf. Dated the day of 18 . James Smith, Residence— Township of Beby, SCHEDULE OF FORMS. 125- List of Complaints mentioned in tJie above Notice of Complaint. List No. 1 {shewing voters vrrongfully omitted from the Voters* List.) NAMES OF PERSONS. James Tupper . . . Simon Beauclerk. Angus Blain GROUNDS ON WHICH THEY ARE ENTITLED TO ON THE voters' LIST. Tenant to John Fraser, of N. J lot 1, 2nd Con. Owner in fee of N. W. J lot 6, in 8th Con. Asaessed too low — property worth $ List No. 2 (shewing voters wrongly named in Voters' List.) NAMES OF PERSONS. polling SUB- DIVISION. PART OF LIST. THE ERRORS IN STATEMENT UPON voters' list. Joshua Townsend. John McBeau S. Connell 2 4 3 1 1 2 Should be Joseph Townsend. Should be John McBean the younger. Should be Simon O'Connell. List No. 3 (shewing persons wrongfully inserted in the Voters' List). names of persons. polling sub- division. part of LIST. statement WHY WRONGFULLY INSERTED IN VOTERS* LIST. Peter White... John May David Walters. 4 3 2 1 2 2 Died before tinal revision of roll. Tenancy expired — left country. Assessed too high — property worth under $ List No. 4. (shewing voters whose property is erroneously described in Voters' List, ) fender of the Faith. Greeting : 1 1 We command you, that, all excuses being laid aside, you be and appear in your proper person before our Judge of our County Court of the County of , at » , on the day of , 18 , *t o'clock in the noon, at a Court appointed and there and then to be held, for hearing complaints of errors in the Voters' List for 18 , of the Municipahty of the of , in the County of , and for revi- sion of the said Voters' List, , then and there to testify to all and singular those things which you know in » certain matter (or matters) of complain made and now depend- ing before the said Judge, under " The Voteri Lists Act," wherein one is complainant, and which complaint is to be tried at the said Court. Herein fail not. 17 1 1 • I 5 ■ ; f : Mi 130 MANUAL ON VOTEBS' LISTS. Witness, His Honour , Judge of our said Court at the day of , in the year of our Lord one thousand eight hundred and A. B., Clerk. ill FORM 14. (Section 11). Report ov Clerk whek APPLTnro for Certificate xmmwB Sectioit 11. To the Judge of the County Court of the County of • I, , Clerk of the Municipality of • in the said County of , do hereby certify as fol* lows : That I did, on the day of . 18 > post up, and for a period of thirty days next thereafter keep posted up, in a conspicuous place in my office at , a true and correct printed copy of the Voters' List for the Municipality of , for 18 , made in pursuance of " 2%c Voters' Lists Act," with the certificate required by sec- tion five of the said Act endorsed thereon. That I did also duly deliver and transmit by post, by regis- tered letter (or, "by parcel post registered," or, "by book post ") the required number of similar printed copies of the said Voters' List, with my certificate endorsed, to each, and all of the persons entitled to the same under sections three and four of this Act. That I did on the day of , 18 , cause to be inserted in the newspaper called the " ," published in , the notice required by section seven of the said Act. That no person gave me nor did I receive any written notice of complaint and intention to apply to the Judge or Junior or acting Judge of the County Court of said County of in respect to the said Voters' List, within thirty days after I, . the said Clerk, had posted up the said List in my office, as directed by the provisions of the said Act. And that to the best of my knowledge and belief, I have complied with the several requirements of the said Act, so as to entitle me to apply for certified copies under the eleve; .th section of the saiu Act ; and I do hereby, in pursuance there- of, now apply to you the said Judge to certify three of the SCHEDULE OF FORMS. 131 •copies of the said List received by you as being the Revised List of Voters for the Municipality of the said of for the year of our Lord, 18 t Witness my hand this day of 18 Clerk qfthe MunkipalUy of -P. 0. FORM 15. {Section 11.) Judge's Certificatk op no Comflaikts. County of — — • A. B., Clerk of the Municipality of the of , having certified under his hand that no com- plaint reapectine the List of Voters for said Municipality, for the year 18 , nad been received by him within tnirty days tifter the first posting up of the same ; and on application of the Clerk, I, , Judge of the County Court of the County of , in pursuance of the provisions of " ITie Voters* Lists Act," certify that the annexed printed List of Voters, being one of the copies received by me from the said Clerk, under section three of the said Act, is the Revised List of Voters for the said Municipality for the year 18 Given under my hand and seal, at day of , 18 this Judge. FORM 16. (Section 12.) Statement of Alterations by Judge. Be it remembered, that upon a final revision and correctior;, of the List of Voters of the Municipality of the of for the year 18 , pursuant to the provisions of ** The Voters' Lists Act," the following changes were duly made by me in the copies of the said list received by me from, the Clerk of the said Municipality, viz. : !i IV 132 MANUAL ON VOTERS* LISTS. 1. The following persons are added to the said List : — KAMX. POLLINO SlTB-m VISION. PABT OF UST. PROPERTY. 2. The following persons are struck off the said list : — KAME. POLT.TNO SUB-DIVISION. PART OF LIST. PROPERTY. 3. The following chances are made in the property described opposite to the names of voters otherwise correctly inserted : — KAMB. POLLING SUB-DIVISION. PART OF LIST. propr'y as origin al'y described on list. prop'rty as ALTERED. 4. The following changes are made in the names of voters incorrectly named: — NAME OBIOINALY ON LIST. POLLINO SUB-DIVISION. PART OF LIST. NAME AS ALTERED. PROPERTY. Witness my hand this day of A.D., 18 County Judge, County of SCHEDULE OF FORMS. 133 FORM 17. {Section 12). Gertificatx of Jvdob. I, , Judge of the County Court of the County •of , pursuant to the twelfth section of " The Votert^ Lists Act, do hereby certify that the above (cw FRAUD In creating votes, 39, 49. FREEHOLDER. See Owner. HOUSEHOLDER. See Tenant and Occupant. HUSBAND May vote m respect of wife's estate in land, 87, and her dower, 88. IMPRISONMENT Of voter destroys continuous residence, 107 INCOME VOTERS. To be named on the List. 11 Qualifications of 24, 25, 45, 65, 107, 109 ; as to partners, 109. INSOLVENT Occupying premises, when he may vote, 96. INTIMIDATION. See Undue Influence. JOINT INCOME, How far it gives right to vote, 109. JOINT OCCUPANTS May vote, 91, 93, 107, rule as to Farmers' Sons 25. JOINT OWNERS May vote, 107. JOINT TENANTS May voce, 107. LANDLORD, Living on premises, 95. LIFE ESTATE, 88. ilQUOR Selling or giving on polling day, 61 ; At meetings of Electors, 60. LISTS. See Voteks' List, £ LOSS OF VOTE, 31, 65, 107, 103. MARRIAGE Afifects the Status or Women, 87 ; Vests in Husband right to vote, in respect of wife's real property, 87. MARRIED WOMEN'S PROPERTY ACTS, 87. MESSENGERS, Employment of Voters as, 99. MILITARY SERVICE Disqualifies as to residence, 108. MILITLA. SERVICE Not a disqualification as to residence, 108. ' INDEX. 141 , 88. ,107, a, 60. vote, MINOR , , T- X o^ -nt, f A«« K May app ly to be placed on List, 24 ; V> hen of Age, 5. MISDEMEANOR, 52, 62. MISDESCRIPTION, , ^ ^^ Immaterial 9 ; May be amended, 40. MISNOMER ^^ unmaterial, 15, 21 ; In Complaint or Notice may be amended, 40. MORTGAGEE In possession may vote, 86. MUNICIPAL ELECTORS, 7, 8. NATURALIZED PERSONS, 100-105. ^^^^WhU?ubt™rcontempt of Court. 31 ; May cause loss of vote 31. NOTICE OF COMPLAINTS. See Complaints. OBJECTIONS. See Complaints. OCCASIONALITY, * , on aq Definition of, 49 ; Punishment for, 39, 49. OCCUPANT, Definition of, 91-93. ^^^^Wh™^;ctual 11. 90, 110 ; must be continuous X^\\V>^'^J^ come Voters. 11, 109; To Farmers' Sons 11, 109. 110 j MustbO: to occupant's use to give right to vote, 91-93. OFFICE OR CHAMBERS, Occupier in respect of, when quahfied to vote, 95, 9b. OFFICERS . „ ^ ^o Disqualified for voting, 7, 8, 98. OMISSIONS ON VOTERS' LISTS, Complaints in respect of, 19-32. OWNER. , ^^^, Definition of. 86-91. PAFXIAMENTARY ELECTORS, 7, 8. ^^^M^y vote when, 107 ; As to income voters, 109. ^'^^^For services at elections, when it disqualifies, 99. PLACE Ojj' abode. See Residence. POLL CLERK, When he may vote, 99. POLLING SUBDVISIONS, Voters' Lists to be made accordmg to, ». POSSESSION ' , , fl, Qi Q, To voter s use and beneiit, yi-vo. 142 INDEX. It;--' POSTING UP VOTERS' LISTS, Notice of is important, 19. POSTMASTERS To post up voters' list, 18 ; In cities and towns disqualified, 9, 98. POST OFFICE, Service by, when good, 15, 27. 33. PRACTICAL SUGGESTIONS FOR REVISION OF VOTERS' LISTS, 113. PRISONER, When disqualified, 107. PRODUCTION OF DOCUMENTS, By Clerk, 47, 72, 84. PROMISE Of money or reward, bribery, 57. PUBLICATION Of lists, 14 ; of notice of posting, 18. QUALIFICATION OF^VOTERS. See under Vamous Titles. RAILWAY FARE, Payment of, when bribery, 61. REFRESHMENTS To voters, 59, 60. RENT, Receipt of without title, gives no right to vote, 90. RESIDENCE. What is, 11 ; Break in, disqualifies, 11,65, 107, 109; Of Farmers' Sons, 11, 65, 109, 110; Must be continuous on farm, 119, 110; Occasional absence not to affect, 110 ; Of Income Voters must be continuous in Municipality, 11, 65, 107, 109 ; Of real property voters ceasing to be entitled to property after revision of rol( must be in constituency, 65, 106. RIGHT TO VOTE, Decision of Judge as to, 23. RULES, Board of County Judges to make, 62. SCHEDULE OF FORMS, 120. SCRUTINY, What is, 62 ; Voters' List final except in certain cases, 63. SERVANT, When his occupation gives right to vote, 96. SERVICE OF NOTICES. When personal, at what place, 27, 36 ; At what hour, 27 ; When made by post, 15, 27, 33 ; On Sunday, 27. SEVERANCE Cf tenements in house, when it gives right to vote, 95. SHERIFF To post notices, 18. I INDEX. 143 >, 98. STS, mers' 110; stbe perty roll. lien SIGNATURE Of claimant, 28 ; Of objector, 28. SPLITTING ACTS, 39, 49. SQUATTER ON CROWN LANDS, May vote, 91. STATUTES, When imperative, 3, 46, 72 ; When directory, 46, 72, 74. SUNDAY, Service of Notices on, 27. TAXATION An element in qualification of voter, 45, 66, 106, 109. TENANT, Definition of, 93, 97. TENANTS IN COMMON May vote if property assessed sufficiently, 107. TRAVELLING EXPENSES, When bribery, 61. TREATING, 59, 60. UNDUE INFLUENCE, 60. VALUE, Assessment Roll binding as to, 13 ; Except on revision of list by Judge, 21. VOLUNTEERS IN MILITIA, When non-residence not a disqualification, 108. VOTE Given at wrong booth, 12. VOTER, 19, 58, 100 ; Complaints respecting;, 20 ; Qualification of, 86, 89; Owner, 86 ; In right of wife, 87, 88 ; ^Occupant, 91 ; Tenant, 93 ; Income, 11, 25, 45, 65, 107 ; Farmers' Sons, 9, 11, 25, 57, 65, 96, 109. TAXES, Voters added by Judge liable for, 45. TRUSTEE Cannot vote, 87. VOTERS' LISTS. Legislation respecting, 2 ; To be prepared by Clerk in three parts, 5 ; Publication of, 17 ; Time for appeals reckoned from posting, 17 ; Complaints respecting, 19 ; Revision by Judge, 19 ; Proce- dure, 23, 32 ; Confirmed if no complaint, 32 ; Certified by Judge, 34 ; Final as to right to vote, 63 ; Revision of Lists of 1877, 67 ; Proceedings on, 67, 74 ; Judge to revise in two months after com- plaints, 74 ; Special case on, 78, 82 ; Copies of, 52, 53, 82 ; Inspection of, 77. REAL PROPERTY To bo mentioned on the List, 9. REVERSIONER, Where he may vote, 89. ^''^'' W i I lii ... Ci 1^ PC PC PC P£ PI PB PR PU RA RE re: RE! 144 INDBX. VENDEE, When he may vote, 89. . VENDOR, When he may vote, 89 ; When a Trustee for Vendee, 89. WAGER, Whether bribery, 58. WIDOW. See Dowih. WIFE. Set Husband— Women. WINDMILL. Where Voter qualified in respect of, 92. WITNESSES, How compelled to attend, 30-33. WOMAN. Has no Common Law right to vote, 5, 66, 87 ; Capable of holding^ various offices, 66 ; Marriage vests estate in husband for purposes of vote, 86; Political status not affected by Married Women's Property Acts 86 ; As to her property, 86 ; Husband may vote in respect of freeholds, 86, 88 ; Her Lfe estate, 88 ; Her nght of dower, 88. RIG RU] SCH JSCR SER ^ER SEV SHE ,89. ble of holding^ id f or jpniposes Tied Women's and may vote ; Hernghtof